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HomeMy WebLinkAbout2008-03-04 Support Documentation Town Council Evening Session ,GJ : VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, MARCH 4, 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. ITEM/TOPIC: Citizen Input. (15 min.) 2. ITEMITOPIC: Consent Agenda. (5 min.) a. Approval of 02.05.08 8 02.19.08 Minutes. , 3. ITEM/TOPIC: Town Manager's Report. (30 min.) • Agenda for Vail Town Meeting, March 11. • Revenue Update. • Road Closure Update. 4. Scot Hunn ITEM/TOPIC: Update the Council on information gathered from focus group and neighborhood meetings held on February 7, 2008 and February 13, 2008: Staff is also requesting that the Council take formal action to re-affirm, with modifications, the planning ' goals and design parameters adopted by Council on January 22, 2008. (45 min.) ACTION REQUESTED OF COUNCIL: Re-affirm, or modify, the planning goals and design parameters adopted by the Town Council on January 22, 2008, based on Staff s recommendations and based on information gathered from focus group participants and from the neighborhood meeting attendees. BACKGROUND RATIONALE: On January 22, 2008, Advisory Committee recommendations were presented to the Council for adoption. At that meeting, the Council adopted ten goals and design related parameters to be used to guide the planning and design process. On February 7, 2008, Staff and the consultant team held a series of "focus group" meetings with local employees, employers, f emergency services providers and Town Staff to discuss the current project. On February 13, 2008, Staff and the consultant team held a"neighborhood meeting" to share information about the current master plan project with the public, and to gather information to be considered in the design of the project.. STAFF RECOMMENDATION: Staff recommends the Council re- affirm, with modifications, the planning goals and design parameters adopted by Council on January 22, 2008, and authorize Staff and the consultant team to- proceed with conceptual design work for the Chamonix Site. , . 5. Warren Campbell ITENIITOPIC: First reading of Ordinance No. 4, Series of 2008, an . ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. (10 min.) , ACTION REQUESTED OF COUiVCIL: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2008, on first reading. BACKCROUND RATIONALE: On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the Planning and Environmental Commission voted 7=0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until April 1, 2010. STAFF RECOMMENDATION: Staff recommends that Town Council approves Ordinance No. 4, Series of 2008, on first reading. 6. Matt Mire ITEMITOPIC: Second reading of Ordinance No. 6, Series of 2008, An Ordinance Amending Title 6, Chapter 3, Article D, Regarding Offenses Against Public Peace; and Setting Forth Details in Regard Thereto. (5 min.) . ACTION REQUESVED OF COUNCIL: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. BACKGROUND RATiONALE: Due to public transportation disturbances the Town of Vail Police Department and the Bus Department have requested an amendment to Title 6, Chapter 3, of the Town Code to add a subsection that is similar to the C.R.S §18-9- 114 for the council's consideration. STAFF RECOMMENDATION: Approve, amend or deny second reading of Ordinance No. 6, Series 2008. 7. Matt Mire OTEM/TOPIC: Resolution No. 2, Series of 2008, A Resolution Approving a Master Facilities Lease Agreement with the Vail Park and Recreation District, and Setting Forth Details in Regard Thereto. (30 min.) A?CTION REQUESTED OF AUTHORITY: Approve, amend or ' deny Resolution No. 2, Series of 2008. BACKGROUND RATIONALE: The Town and the Vail Park and Recreation District (the "VRD") entered into a master facilities lease agreement on December 21, 1993, for all recreation facilities owned by Town of Vail 'and operated by the VRD, exclusive of the Vail Golf Course and the Vail Gymnastics Facility. The parties now desire to execute a new master lease regarding the same facilities contemplated in the 1993 lease. On February 19th the Council held a work session, provided comments on the draft lease and directed staff to present the same at the Council's next evening meeting for public comment and approval. ' STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 2, Series of 2008. 8. Kelli McDonald ITEM/TOPIC: Resolution No. 4, Series of 2008. A Resolution Approving The Amended 2008 Budget.for the Vail Local Marketing District, and Authorizing the Expenditures of Said Appropriations as Set Forth Herein; and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution 4, Series 2008, a supplemental appropriation to the 2008 Vail Local Marketing District Budget. BACKGROUND RATIONALE: This supplemental request was presented earlier to the Vail Local Marketing District (VLMD) Board for approval. Town Council is now requested to approve VLMD's amended budget. STAFF RECOMMENDATION: Staff recommends - the Town Council approve or approve with amendments Resolution No. 4, Series of 2008. 9. Matt Mire ITEM/TOPIC: Resolution Number 5, Series of 2008. A resolution amending the Intergovemmental Agreement between the Town of Vail and Solaris Metropolitan Districts 1, 2, & 3; and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF AUTHORITY: Approve, approve with amendments, or deny Resolution No. 5, Series of 2008. BACKGROUND RATIONALE: The Town of Vail and Solaris Metropolitan Distcict Nos. 1, 2, and 3(the °Districts") entered into an Intergovernmental Agreement (the "IGA") on March 22, 2007, in accordance with the terms of the Districts' Service Plan approved by the Town on September 19, 2006. The IGA was executed while the Districts were operating under the initial Service Plan, which imposed a debt cap of finrenty million dollars ($20,000,000). The Town subsequently amended the Service Plan in order to raise the debt cap to forty million dollars ($40,000,000). The Town approved the Amended Service Plan in April, 2007. The IGA was not revised when the Town approved the Amended Service Plan and needs to be modified to reflect the terms of the Amended Service Plan and the appropriate debt. STAFF RECOMMENDATION: Approve, approve with amendments, or deny first reading of Resolution No. 5, Series of 2008. 10. ITEM/TOPIC: Adjoumment. (8:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: ' (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, MARCH 18, 2008 IN THE VAIL TOWN COUNCIL CHAMBERS. Vail Town Councii Meeting Minutes Tuesday, January 8, 2008 6:00 P.M. Vail Town Council Charnbers - The regular meeting of the Vail Town Councii 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 Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Input. 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 holiday 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, "It's 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 ~ The thard item on the agenda was the Town Manager's Report. o Introduction of Fire Chief Mark Miller. Zemler introduced the new Fire Chief Mark 11Ailler. While addressing Council, Miller 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. e 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 all segments of the town's economy. Year-to-date collections estimated at $16.0 million, however, continue to exceed last year's year-to-date by 6.5%. 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 thrpugh 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 include 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 to 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 essentially the same as full year 2006; however, some remittances for 2007 transactions may still be in process. Major redevelopment projects including Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $1.9 million or 31% 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 r ~ Update on Emergency Traffic Management. Police Chief Dwight Henninger reported during a recent Interstate 70 closure, 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 scenario 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 wuvw.ecalert.org for text messages relating to local emergency matters. Zemler 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 penalties 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 schedule 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 allow the parties additional time to obtain information. The continuance shall be allowed for a period not to exceed an additional thi?ty (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 12-71-1-4, 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) located 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 concem regarding the temporary loss of finro- 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 12-76-2A, Definitions (basement or garden level); 12-7B-3A, Definitions (first-floor or street level); 12-7H-2A, Definitions (basement or garden level); 12-711-3A, 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 5t' 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 finro 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 Condom in iums)/Lots A, B, & C, Vail Village Filing 7. Upon review of the request, the PEC voted 6-0-0 to forward a recommendation 4 I 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 July 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 ardinance 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 0 Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. ~ . • , 6 •1 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. Members present: Dick Cleveland, Mayor Mark Gordon Farrow Hitt Kevin Foley Kim Newbury Margaret Rogers Not present: Andy Daly StafF Members: 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, Dimitri Souuorin also 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. ~ Brandmeyer announced that in the near future staff would be bringing forward the first of two 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 lease 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, into 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 resort 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 Plan required the site to have a transportation component. "At this time there is no reason the applicant won't be able to respond favorably to the Master Plan requirements." o 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 Ford requested Council become more involved 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 i 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 finro 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 Hall roof to address ice buildup. 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 mitigating 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 little space." Newbury commented, "It seems like there are too many uses in a small 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 the 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 reported that on Jan. 8, staff conducted a"kick-ofP' 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-ofP' 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 public 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 ~ list of ten goals 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 pucsue 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 finro-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 Jeff 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 someone 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 table 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...l won't support this motion until we take a step back." In 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 including 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 released two deed restricted employee housing units at the Bell Tower. On Jan. 3, 2008 the 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 motion passed unanimously, 6-0. 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. s tr MEMORANDUM TO: Town Council FROM: Community Development Department and Chamonix Advisory Committee DATE: March 4, 2008 SUBJECT: Information Update and Final Determination of Project Goals and Design Parameters Staff: Chamonix Site Master Plan Advisory Committee 1. PURPOSE The purpose of this memorandum is to: , 1. Present an overview of planning goals and design parameters established for the Chamonix Site Master Plan project; 2. Provide an update regarding focus group and neighborhood meetings held on February 7, 2008 and February 13, 2008, and; 3. Present recommendations for final confirmation, with modifications, of project planning goals and design parameters.. . II. BACKGROUND Establishment of Planning Goals and Design Parameters On January 22, 2008, the Vail Town Council adopted ten goals and design related parameters to be used to guide the planning and design process. The ten goals and parameters adopted are as follows: 1. The site is to be used for development of a fire station and employee housing. 2. Housing for fire department employees should be considered in the design of the fire station. 3. An ambulance substation could be an ancillary use on this site. 4. Energy-efficient and sustainable design and construction techniques are important. Certification by a particular program (LEED, Green Globes) is to be investigated, although not mandatory. 5. 100% of housing developed should be deed restricted, `for-sale' employee housing, with a mix of one, two, and three bedroom units. 6. The site should be optimized ta provide the greatest arnount of employee housing. 7. Re-zoning the property to the Housing (H) District is preferred to allow flexibility in design and development. 8. Additional traffic onto Chamonix Lane should be limited. 9. One-story of development at grade with Chamonix Lane is acceptable. 10. All financing and phasing options will be considered. ,r Focus Group and Neighborhood Meetings On February 7, 2008, Staff and the consultant team held "focus group" meetings with Town Staff, local employees, employers residents of Vail Commons and emergency services providers. On February 13, 2008, the Town hosted a "neighborhood meeting" for the specific purpose of sharing information with the public about the Chamonix Site Master Plan project and gaining feedback on the project. A full summary of all public outreach comments .(focus groups and neighborhood meeting notes) are attached for review (Attachment A). III. NEXT STEPS Next Steps and Recommended Modifications to Goals and Parameters Following the information gathering phase, of this project, next steps include confirmation and/or modification of the ten planning goals and design parameters adopted by the Council on January 22, 2008. The following comments may support or add clarity to the originally adopted planning goals and design parameters and may warrant specific inclusion into the adopted ptanning goals and design parameters: o Rental housing for Town of Vail employees should be considered. Note: this comment reflects information gathered from the Director's Staff focus group meeting as well as from the Emergency Services group. ; STAFF RECOMMENDATION: Staff recommends amending goal number 5 to incorporate rental housing for Town of Vail employees. In addition, Staff recommends setting aside a certain number (TBD) of the `for-sale' units specifically for Town of Vail employees. • Eliminate the existing pedestrian path through the site, and provide new sidewalk connections around the site and ensure "connectivity" to adjacent commercial center areas. Note: these comments reflect information gathered at both the Employee Housing and Infrastructure/Public Works focus group meeting. STAFF RECOMMENDATION: Staff recommends adding a new design parameter to eliminate the pedestrian path through the site due to the inherent conflicts between residential neighborhood uses, privacy and public access. IV. . STAFF RECOMMENDATION Staff recommends the Council re-affirm, with two recommended modifications, the planning goals and design parameters adopted by Council on January 22, 2008, and authorize Staff and the consultant team to proceed with conceptual design work for the Chamonix Site. `p CHAMONIX-WENDY'S 2008 MASTER PLAN EFFORT PUBLIC OUTREACH NOTES FEBRUARY 2008 CHAMONIX SITE: RESIDENTIAL LIVABILITY Common or Agreed To Themes For Sale/Renfal/Seasonaf • Permanent (for-sale) housing is needed to attract and keep professionals and families. ' • This site should be 100% for-sale, no rentals (there may be rentals at Timbe(dge) • Must consider what might occur at other sites (i.e..Timberidge) and not plan for this site in a vacuum. , • Dorm-style housing is not dpprop(ate for this site. • Seasonal housing needs should be satisfied at another site. • Many persons residing in employee housing stay, nof really a sfepping stone anymore. Rental units are an opportunity for people to get in and move-up to ownership. Pedesfrian & Vehicular Access, Parking • Parking should be limited to residents anci guests only - no excess parking for strangers (commuters or otherwise).to be meaK)dering through this home site • Maintaining existing neighborhood pedestrian. access through site not necessary, this invites more non-residents to meander through the home site; a sidewalk should be continued for #he neighbors to use Other • Housing adjacent, to proposed fire station ok; this occurs at the existing station. Individual or Minority Ideas For Sale/Renial/Seosonal . • Consider some dormitory units for seasonal workers, there is a huge need for housing seasonal workers • Rental housing should be considered as well as for-sale housing • Need units to accommodate all sizes of families, rental and for-sale units Pedesfrian & Vehicular Access, Parking • Maximize parking and the opporfunity to over-park the development to allow commuters a parking area. . ~ ~ CHAMONIX SITE: RESIDENTIAL DESIGPJ Common or Agreed To Themes , Unit Sizes • 2-3 bedroom units allow singles to stay and grow into families • The Medical Center has a need for keeping housing in close proximity to the Center. • Need units sized and priced for first-time homebuyers (i.e..Stratton Flats and the Commons) . • Water & Sanitation District have a need for units.aimed beyond entry-level employees; two & three bedroom units • There is an overall void in three & four bedroom units for families with two or more children . • Target market is middle-management and young professionals with some opporfunities for employees above and below those income levels . Area of Conflicf • Some one-bedroom units are needed • One bedroom units are the hardest to sell (owner's can't sublet a bedroom to help subsidize their mortgage; additional bedroom.provides opportunity for housing additional employee) Infegrafion Of Chamonix 8 Wendy's Sites • The Chcamonix and Wendy's site should be treated as one large site, not as two separate sites to maximize design and use of the land Parking • Parking - need two spaces per unit • Two car garages not available at most [no] other employee housing development; need at least one garage • Maximize least desirable space by utilizing as parking and/or storpge for units • Shared garage (i.e. Commons) is expensive to HOA because of damage to garage door • Need to accommodate guest parking Amenities • Consider impact of highway noise in the design of all buildings. Cross ventilation that runs east/west may reduce impact of noise better than south/norfh ventilation. Quiet may be more imporfant that views for outdoor spaces to be useful. • Units need adequate storage . . Decks are desirable • Sound mitigation between neighbors important • Maximize SF for housing - landscaping for design and open space acceptable but don't give up lot area for a dedicated recreational use, there are sufficient neighborhood parks 2 CHAMONIX SITE: EXISTING NEIGHBORHOOD COMPATIBIUTY Common or Agreed To Themes Traffic & Public Transportafion • A future transportation hub is proposed near the Safeway parking lot. This may allow bus service to the Chamonix area to be one directional, with transfer oppartunities at the transportation hub. • The existing bus stop at the Wendy's station is likely to remain. . • The southbound entry into the round-about needs to be expanded if proposed housing on the Chamonix site utilizes Chamonix Road. It is currently a single lane access, while the other three access points are two lanes: Ecpansion of the round-about would likefy require an easement onto the Shell Gas Station property. If access to the Chamonix site were limited to an access point along the frontage road, the existing round-about. would be sufficient to handle anticipated traffic. • The intersection at Chamonix Lane and Chamonix Road has a difficult turning radius. Any access to housing on the Chamonix site will have to carefully consider the grade and sight lines along Chamonix Road. Neighborhood Commercial • The Shell Gas Station also functions as a tow-lot and has a significant amount of automobile storage. There are only three gas stations in fown, it is important to preserve the remaining stations for communify benefit. Collaboration with the Shell Gas Station owner should be considered to improve access to the Chamonix site as well as buffer visual impacts from the services provided at the gas station. Stormwater Drainage, Snow Storage , • Storm water drainage needs to be improved along Chamonix Lane. A short ditch runs along the south side of the Lane and would function better if emptied into the westerly, steep corner of the Chamonix site. This area is likely unusable for development otherwise. A drainage easement would be required through the Chamonix site. • Another ditch runs along the norf(iern 5ide of the Lane and will likely need to be piped. If this ditch is piped, a sidewalk could be built over the pipe. Residents generally walk aiong the norfhern side of the lane for safety. • A sidewalk along the northern property boundary is proposed with this project. Pro's and con's of the north side versus the south side of Chamonix Lane were discussed. It was suggested that the south side of the street may be better received by the residents that live on the norfh side since they would not be responsible for sidewalk maintenance and liability. • The Chamonix site currently functions as snow storage. This will be important to consider in the relationship of buifdings on the Chamonix site to the Lane. Individual or Minority Ideas • Comments included the imporfance of linking the "community center" with the "village center" and wondered how transit at the Wendy's/Chamonix site could help foster that goal. 3 l WENDY'S SITE: EMERGENCY SERVICES FACILITIES Common or Agreed To Themes FIRE STATION: General Needs • Wendy's site is more appropriate than former proposal on Chamonix Site • The public works deparfment currently houses a significant number of fire deparfment equipment/vehicles. _ • Equipment currently stored at Public Works includes 15 ft box trailer, communications vpn, county HAZMAT trailer • Existing stations very cramped, overcrowded with personnel and equipment. FIRE STATION: EQUfPMENT/FACILITY • Bunker storage separate from apparatus is ideal but not necessary • Locker style restroom to keep toilets separate from showers; need enough showers to accommodate at least four people (eurrent station only provides a single room with one shower, toilet and sink - no p(vacy, insufficient for number of personnel) • Need individual lockers for Class B uniforms. . • Equipment and facilities for response personnel ideally located on ground level to reduce hazard of stairs or pole. • Double-bays may accommodate both storage and engines • Special utility requirements include an emergency generator FIRE STATION: ADMINISTRATIVE • Prevention and Response personnel have different needs. • Prevention needs a separate conference room from response to review building plans; this room is needed full-time. • Need separate class rooms from conference room. . . ~ • Keep public/administrative spaces separate from response team needs. FIRE STA710N: HOUSING •Student resident dorm units in a separate building if provided at all; too rr?uch disruption to residents if part of response building • Rental and for-sale housing for full-time-new hires separate building from station Administrative staff of 8 persons • Four response-duty staff need individual rooms on-site • Snowplow not an ideal neighbor to fire depactment. Ambulance District , • Ambulance District may be willing to fund part of the fire station as potential future replacement space for their Ambulance District would need three bays; 3-5 sleeping quarters; day room; office; storage (existing facility is tight at 5,000 SF); some supporf services could be shared with Fire Dept. • Ambulance substation should be considered at Wendy's site as Ambulance district is losing its location at the hospital. Ofher Municipal Uses • Cultural differences between fire department personnel and town staff offices could ' result in conflict. - 4. ' ; Individual or Minority Ideas • Police substation (single office) should be considered at Wendy's site to allow officers a location to draft reports. • There is a need to store cinders for the public works department. • Consider an informatiDn booth at the Wendy's site • Consider building a sub-grade parking structure to function as a pqrk-n-ride under the Wendy's site 5 T' ' MEMORANDUM TO: Town Council FROM: Community Development Department DATE: March 4, 2008 SUBJECT: Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. Applicant: Town of Vail Planner: Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 4, Series of 2008, for proposed text amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. II. BACKGROUND On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vail Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. On February 25, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until 2010. Ordinance No. 4, Series of 2008, (Attachment A) and the February 25, 2008, Staff memorandum to the Planning and Environmental Commission (Attachment B) have been attached for reference. III. CRITERIA FOR REVIEW . The criteria outlined in Section V of Staff's February 25, 2008, memorandum to the Planning and Environmental Commission shall be used as the principal criteria in evaluating the merits of the proposed special development district. 1 i , ~ IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 4, Series of 2008, on first reading to amend Section 12- 14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. . Should the Town Council choose to approve these text amendments, the Community Development Department.r.ecommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 4, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following findings: "1. That the amendmenfs are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail , Comprehensive Plan and is compatible with the developmenf objectives of the Town, based upon Section V of the Staff memorandum dated F,ebruary 25, 2008, and the evidence and testimony presented; and, 2. That the amendments ifurther the general and specific purposes of Zoning Regulations, based upon Section V of the Staff inemorandum ' dated February 25, 2008; and the evidence and testimony presented; and, , 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environmenf and its established character as a resort and , residential community of the highest quality, based upon Section V of the Staff inemorandum dated. February 25, 2008, and the evidence • and testimony presented." V. ATTACHMENTS Attachment A: Ordinance No. 4, Series of 2008 Attachment B: February 25, 2008, Staff memorandum to the Planning and Environmental Commission ~ . 2 Attachment A ORDINANCE NO. 4 SERIES OF 2008 AN ORDINANCE ANtENDING SECTION 12-14-20, COMMERCIAL CORE CONSTRUCTION, VAIL TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY CONSTRUCTION 51GNAGE FOR BUSINESSES AiVD SETTIiVG FORTH DETAILS IN REGARD THERETO. WHEREAS, significant redevelopment construction is proposed and already occurring within the Town of Vail has many physical and economic impacts.on the Town's businesses, guests and residents; and, WHEREAS, the Town Council wishes to minimize the negative impacts of this unprecedented volume of construction activities on the Town's businesses,. guests and residents; and, WHEREAS, on February 25, 2008, the Planning and Environmental Commission of the Town of Vail held a public hearing and reviewed and forwarded a recommendation af approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25; 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the . health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated February 25, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE (T ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 4, Series of 2008, first reading ~ t Section 1. Subsection 12714-20C, the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold, sections of text that are not amended have been omitted.) ; C. Termination of Section_ The authority granted pursuant to this section shall terminate on . April 1, 288~ 2010, unless sooner extended or terminated by separate ordinance of the council. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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, regardiess of the fact that any one or more parts, sections, subsections, senfences, clauses or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and decFares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. . Section 5. AH bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,. or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE !N FULL ON FIRST READING this 4th day of March, 2008, and a public hearing for second reading of this Ordinance set for the 18th day of March, 2008, in the Council - Chambers of the Vail Municipal Building, Vail, Colorado. Richard D, Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2008, first reading 2 ~ - f~ - Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department . DATE: February 25, 2008 SUBJECT: A request for a final recommendafion to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vait Town Code, for prescribed regulation amendments to Section 12=14-20, Commercial Core Construction, Vail Town Cade, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto. (P.EC080003) Applicant: Town of Vail Planner: Bill Gibson . 1. SUMMARY The appGcant, Town of Vail is requesting that the Planning and Environmental Commission forwards a recommendation to the Vail Town Council regarding proposed text amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the. commercial core temporary construction signage for businesses, and setting forth detaiis in regard thereto. Based upon Staff's review of the criteria outlined in Section V 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. II. DESCRIPTION OF REQUEST The applicant, Town . of Vail, is proposing amendment's to'the Town's regulation of construction within the commercial cores. The purpose of these text amendments is to grant an extension of these regulations for two years beyond the April 1, 2008, expiration date currently prescribed by the Vail Town Code. The following is a summary of the proposed text amendments: (Deleted text is indicated with a~#fev, and new text is bo/d italics.) - 92-14-20: COMMERCIAL CORE CONSTRUCT/ON (in part) G. Termination of Section: The authority granted pursuanf to this section shall terminate on April 1, 2408 2010, unless sooner extended or terminafed by separate ordinance of the Council. 1 , • ~ ~ III. BACKGROUND , On May 3, 2005, the Vail Town Counci!' adopted Ordinance No.. 10, Series of 2005, to allow construction mitigation signs, such as pedestrian detour signs and directional signs to businesses, and decorative constructi'on fencing packages within the Vail Village and Lionshead commercial cores. The intent of these regulations was to lessen the impact of.construction (more specifically Town's Village Streetscape project and Vail Resort's Lionshead Streetscape project) to residences, businesses, and guests within these areas. While the majority of the construction associated with the Village and Lionshead Streetscape projects has been completed, there are sma(ler scate elements of these projects scheduled to be constructed this coming summer. IV, APPLICABLE PLANNING DOCUMENTS A. Title 12, Zoning Regulations, Vail Town Code . ' Chapter 12-7: Title, Purpose and Applicability (in part) Section 12-1-2: Purpose: A. General: These regulations are enacted for the purpose of promoting the healfh, safety, morals, and general welfare of fhe Town, and to promofe the coordinated and harmonious development of the Town in a manner that will . . conserve and enhance its natural environment and ifs established character as a resort and residential community of high quality. _ B. Specific: These regulations are intended to achieve the following more specific purposes: 9. To provide for adequate light,, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in fhe streets. 4. To promote adequate and appropriafely /ocafed off-street parking and loading facilities. 5. To conserve and maintain established communrty qualities and economic values. . 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent wrth Municipal development objecfives. 7. To prevent excessive population densities and overcrowding of the land with structures. B. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. ' 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To ofherwise provide for the growth of an orderly and viable community. a. Section 12-3-7: Amendment (in part): 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect fo the requested fext amendment: (1) The extent to which the text amendment furthers the general and specific purposes af tlie zoning regulations; and (2) The extent to which the text amendmerrt would 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 the 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 existing regulation is no longer appropriate or is inapplicable; and (4) The extent to which the fext amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and (5) Such other facfors and criferia the p(anning and environmental commission and/or council deem applicable to the proposed text amendment. b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council sha(1 make the fol(owing findings with respect to the requested amendment: (1) That the amendment is consistent wifh 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 • (2) Thaf the amendment furthers the general and specific purposes of the zoning regulations; and (3) That the amendment prorriotes the health, safety, morals, and general , welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environmenf and its established character as a resort and residential community of the highest quality. Article 12-713: Commercial Core 1(CC1) district (in part) 12-78-1: PURPOSE: The commercial core 1 districf is intended to provide sites and to maintain the unique character of the Vail Village commercial area, with its mixture of lodges and commercial establishments in a predominanfly pedestrian environment. The commercial core 9 distrrct is intended to ensure adequate light, air, open space, and other amenities appropriafe to the permitted types of buiidinqs and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended to 3 ~ ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and publio greenways, and to ensure continuation of the building sca/e and arch,itectural qualities that distinguish the village. Article 12-7H: Lionshead Mixed Use 1.(LMU-1) District (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 District is intended to provide sites for a mixture of . mulfiple-family dwellings, /odges, hotels, fractional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier services, and commercial establishments rn a clustered, unified development. Lionshead Mixed Use I Disfrict, in accordance wifh the Lionshead Redevelopment Master Plan, is intendeal to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the desrrable qualities of the District by establishing appropriafe site development sfandards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specificaUy developed to provide incentives for properties to redevelop. The ultimate goal of these incentives is to create an economically vibrant lodging, housing, and commercial core area. The incentrves in this Zone District include increases in allowable gross residential floor area, building heighf, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lionshead Redevelopment Master Plan. Additionally, the incentives are created to help fnance public off-site improvements adjacent to , redevelopment projects. With any development/redevelopment proposal faking advantage of the incentives created herein, the following amenities will be evaluafed: streetscape improvements, pedestrian/bicycle access, pub/ic plaza . redevelopment, public art, roadway improvements, and similar improvements. B. Title 11, Sign Regulations, Vail Town Code 11-1-2: PURPOSE AND lNTENT: A, . Genera/ Purpose: These regulations are enacted for the purpose of promoting fhe health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its natural environment and ifs established character as a resort and residential community of the highest quality. . 8. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcement of signs in the town of Vail. 2. To encourage the establishment of well designed, creative signs thaf enhance the unique characfer of Vail's village atmosphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. q . 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. C. Lionshead Redevelopment Master Plan (in part) _ Section 2.3 Policy Objectives 2.3.1 Renewa/ and Redevelopment: Lionshead can and should be renewed and redevelopment to become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherenf identity, a sense of place, a personality, a purpose, and an improved aesthetic character. D. Vail Viltage Master Plan Section V. Goals, Objectives, Policies and Action Steps Objective 1.2: . Encourage the upgrading and redevelopment of residential and commercial facilities. Objective 3.1: Physically improve the exisfing pedestrian ways by landscaping and other improvements. V. REVIEW CRITERIA 4, The extent to which the text amendment furthers the generai and specific purposes of the Zoning Regulations; and These supplemental regulations concerning construction in the commercia( cores were originally adopted in the spring of 2005, at the beginning of "Vail's Renewal". These original regulations were intended to help mitigate the . numerous anticipated redevelopment and streetscape projects in Vail Village and Lionshead areas. The completion dates for these projects were only estimates at the time these regulations were adapted, so an April 1, 2008, expiration date was adopted with the understanding that these regulations may need to be terminated earlier than, or extended beyond, 2008 based upon the pace of construction. There are several small scale elements of the streetscape projects in both the Vail Village and Lionshead are scheduled for completion this coming summer, as well as numerous upcoming private development projects in the commercial core , areas (Landmark, Lionshead Center, Lion Square Lodge North, Rucksack, Gorsuch, etc.) that will directly impact the business, residents, and guests in these areas. Therefore, Staff believes there is a need to renew the commercial core construction regulations to help mitigate the impacts of these upcoming construction projects. Staff believes the proposed text amendments to extend these existing regulations will 'continue to further the general and specific purposes of Title 12, Zoning Regulations, and Title 14, Sign Regulations. , 5 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outiined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and As further described above, Staff believes the text amendments are proposed in response to the pace of construction within the core areas and .wifl better implement and better achieve 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 (as detailed in Section IV above) than a 2008 expiration date. 3. The extent 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 As further described, above, Staff believes conditions have changed since the . initial adoption of these regulations and the proposed text amendments are a response to the pace of construction within the core areas. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. As further described above, Staff believes the proposed text amendments will continue to 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 in response tv the actual pace of construction within the core areas. . 5. Such other factors and criteria the Commission and/or CounCil deem applicable to the proposed text amendment. The Vail Economic Advisory Committee has recommended approval of an extension of the commercial core construction regulations. Vt. STAFF RECOMMEMDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval, the Community Development Department recommends the Commission pass the foflowing motion: 6 , ~ "The Planning and Environmental Commission forwards a recommendation of approval to fhe Town Council, pursuant to Section 92-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto." Should the Planning and Environmental Commission choose to approve this variance request with conditions, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of the Staff's February 25, 2008, memorandum to the Planning and Environmenta! Commission, and the evidence and testimony presented: , "1. That the amendments are consrstent with the applrcable elements of the adopted goa/s, objectives and policies outlined in the Vai1 Camprehensive Ptan and is compatible with the development objectives of the. Town; and 2. That the amendments further the general and specific purpose of the Zoning Regulations; and 3. That the amendments promote the health, safety, morals, and general welfare -of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. " ~ MEMORANDUM TO: Town Council FROM: Community Development Department. DATE: March 4, 2008 SUBJECT: Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. Applicant: Town of Vail Planner. Bill Gibson 1. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 4, Series of 2008, for proposed text amendments to Section 12-14-20, Commerciaf Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. II. BACKGROUND On May 3, 2005, the Town Council adopted Section 12-14-20, Commercial Core Construction, Vai! Town Code, through Ordinance No. 10, Series of 2005. These regulations facilitated the installation of temporary construction mitigation signs and fencing within the Town's commercial areas to lessen the impact of redevelopment construction on the Town's businesses, residents, and guests. These regulations are scheduled to expire on April 1, 2008. • On February 25, 2008, the Planning and Environmental Commission voted 7-0-0 to forward a recommendation of approval for text amendments to extend the approval of the Commercial Core Construction regulations until 2010. Ordinance No. 4, Series of 2008, (Attachment A) and the February 25, 2008, Staff memorandum to the Planning and Environmental Commission (Attachment B) have been attached for reference. . III. CRITERIA FOR REVIEW The criteria outlined in Section V of Staffs February 25, 2008, memorandum to ' the Planning and Environmental Commission shall be used as, the principal criteria in evaluating the merits of the proposed special development district. 1 IV. STAFF RECOMMENDATION The Community Development Department recommends the Town Council approves Ordinance No. 4, Series of 2008, on first reading to amend Section 12- 14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto. Should the Town Council choose to approve these text amendments, the Community Development Department recommends the Town Council pass the following motion: - "The Town Council approves, on first reading, Ordinance No. 4, Series of 2008, an ordinance amending Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses and setting forth details in regard thereto." Should the Town Council choose to approve Ordinance No. 4, Series of 2008, on first reading, the Community Development Department recommends the Town Council makes the following fin.dings: "1. That the amendments are consistent with the applicable elements of the adopted goa/s, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff memorandum dated February 25, 2008, and the evidence and testimony presented; and, 2. That the amendmenfs further the general and speciric purposes of Zoning Regulations, based upon Section V of the Staff inemorandum dated February 25, 2008, and the evidence and testimony presented; and, 3. Thaf the amendments promote fhe health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious ' development of the Town, in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff inemorandum dated. February 25, 2008, and the evidence and testimony presented." V. ATTACHMENTS Attachment A: Ordinance No. 4, Series of 2008 Attachment B: February 25, 2008, Staff memorandum to the Planning and Environmental Commission 2 ~ Attachment A ORDINANCE NO. 4 SERIES OF 2008 AN ORDINANCE AfV1ENDING SECTION 12-14-20, COIViMERCIAL CORE CONSTRUCTION, VAIL TOWN CODE, TO ALLOW FOR THE EXTENSION OF THE COMMERCIAL CORE TEMPORARY CONSTRUCTION SIGNAGE FOR BUSINESSES AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, significant redevelopment construction is proposed and already occurring within the Town of Vail has many physical and economic impacts on the Town's businesses, guests and residents; and, WHEREAS, the Town Council wishes to minimize the negative impacts of this unprecedented volume of construction activities on the Town's businesses, guests and residents; and, WHEREAS, on February 25, 2008, the Planning and Environmental Commission of the Town of Vail he{d a public hearing and reviewed and forwarded a recommendation of approval for the proposed text amendments to the Zoning Regulations to the Vail Town Council in accordance with the procedures and criteria and findings outlined in Chapter 12-3 of the Zoning Regulations of the Town of Vail; and, WHEREAS, the Town Council finds and determines that the amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments further the general and specific purposes of the Zoning Regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented; and, WHEREAS, the Town Council finds and determines that the amendments promote the health, safety, morals, and genera4 welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality, based upon Section V of the Staff memorandum dated February 25, 2008; and, WHEREAS, the Town Council finds and determines that the public health, safety, and welfare will be served by these adopting regulations, based upon Section V of the Staff memorandum to the Planning and Environmental Commission dated February 25, 2008, and the evidence and testimony presented. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 4, Series of 2008, first reading ~ ~ Section 1. Subsection 12-14-20C, the Vail Town Code is hereby amended as follows (text to be deleted is in , text that is to be added is bold, sections of text that are not amended have been omitted.) C. Termination of Section: The authority granted pursuant to this secfion shall terminate on April 9, 299~ 2090, unless sooner extended or terminated by separate ordinance of the ' council. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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, clawses.or phrases be declared invalid. Section 3. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under o.r by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressfy stated herein. . Section 5. All bylaws, orders, resalutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE !N FULL ON FIRST READING this 4th day of March, 2008, and a public hearing for second reading of this Ordinance set for the 18th day of March, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor " ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2008, first reading 2 ; Attachment B MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: February 25, 2008 SUBJECT: A request for a frnal recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto. (PEC080003) Applicant: Town of Vail Planner: Bill Gibson . 1. SUfVIMARY The appficant, Town of Vail is requesting that the Planning and Environmental Commission forwards a recommendation to the Vail Town Council regarding proposed text amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for . businesses, and setting forth details in regard thereto. Based Won Staff's review of the criteria outlined in Section V 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. II. DESCRIPTION OF REQUEST The applicant, Town . of Vail, is proposing amendment's to' the Town's regulation of construction within the commercial cores. The purpose of these text amendments is to grant an extension.of these regulations for two years beyond the April 1, 2008, expiration date currently prescribed by the Vail Town Code. The following is a summary of the proposed text amendments: (Deleted text is indicated with a stFoke##Feug#, and new text is bold italics.) 12-14-20: COMMERCIAL CORE CONSTRUCTION (in part) C. Termination of Secfion: The authority granted pursuant to fhis section shaN terminate on Aprif 1, 2-888 2010, unless sooner extended or terminated by separate ordinance of the Council. i d 111, BACKGROUND On May 3, 2005, the Vai! Town Council adopted Ordinance No..10, Series of 2005, to allow construction mitigation signs, such as pedestrian detour signs and directional signs to businesses, and decorative construction fencing packages within the Vail Village and Lionshead commercial cores. The intent of these regulations was to lessen the impact of construction (more specifically Town's Village Streetscape project and Vai( Resort's Lionshead Streetscape project) to residences, businesses, and guests within these areas. While the majority of the construction associated with the Village and Lionshead Streetscape projects has been completed, there are smaller scale elements of these projects scheduled to be construcfed this coming summer. IV. APPLICABLE PLANNtNG DOCUMENTS A. Titte 12, Zoning Regufations, Vai! Town Code Chapter 12-1: Title, Purpose and Applicability (in part) Section ? 2-1-2: Purpose: A. Genera/: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promofe the coordinafed and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established characfer as a resort and residential community of high quality. B. Specific: These regulatioRS are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitafion, drainage, and public facilifies. 2. To secure safety from frre, panic, flood, ava/anche, accumulafion of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular fraffic circulation and to /essen congestion in the streets. . 4. To promote adequate and appropriafely located off-street parking and loading facilities. _ . 5. To conserve and maintarn established community qualities and economic values. . 6. To encourage a harmonrous, convenient, workable relationship among land uses, consistent with Municipal development objectives. 7. To prevent excessive populafion densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the Town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreafion opportunifies, and other amenities and facilifies conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. a. Section 12-3-7: Amendment (in part): 2. Prescribed Regulations Amendment: a. Factors, Enumerated: Before acting on an application for an amendment to the regulations prescribed in this title, the planning and environmental commission and town council shall consider the following factors with respect to the requesfed text amendmenf: (1) The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and (2) The extent to which the text amendment would befter implement and better 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 (3) The exfent to which the text amendment demonstrates how condifions have substantially changed since the adoption of fhe subject regulation and how the existing 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 developmenf objectives; and (5) Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed fext amendment b. Necessary Findings: Before recommending and/or granting an approval of an application for a text amendment the planning and environmental commission and the town council shall make the following findings with respect to the requested amendment: (1) That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and • (2) That the amendment furthers the general and specifrc purposes of the zoning regulations; and (3) That the amendment promotes the health, safety, morals, and general , welfare of the town and promotes the coordinated and itarmonious 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. Article 12-713: Commercial Core 1(CC1) district (in part) 12-78-1: PURPOSE: The commercial core 1 district is intended to provide sites and to maintain. fhe unique character of the Vail Village commercial area, with its mixture of lodges and commercial esfablishments in a predominantly pedesfrian environmenf. The commercial core 9 disfrict is intended to ensure adequate light, air, open space, and other amenities appropriafe to the permitted types of buildings and uses. The zoning regulations in accordance with the Vail Village urban design guide plan and design considerations prescribe site development standards that are intended fo 3 ` . ensure the maintenance and preservation of the tightly clustered arrangements of buildings fronting on pedestrianways and public greenways, and to ensure continuation of the building scale and , architectural qualities that distinguish the village. Article 12-7H: Lionshead Mixed Use 1(LIVIU-1) District (in part) Section 12-7H-1: Purpose: The Lionshead Mixed Use 1 Distrrct is intended to provide sites for a mrxfure of . mulfiple-family dwellings, lodges; hotels, fracfional fee clubs, time shares, lodge dwelling units, restaurants, offices, skier , services, and commercial establishments in a clustered, unified development. Lionshead Mixed Use 9 Disfrict, in accordance with the Lionshead Redevelopment Master Plan, is intended to ensure adequate light, air, open space and other amenities appropriate to the permitted types of buildings and uses and to maintain the 'desirable qualities of the District by establishing appropriate site development standards. This District is meant to encourage and provide incentives for redevelopment in accordance with the Lionshead Redevelopment Master Plan. This Zone District was specifically developed to provide incentives for properfies to redevelop. The ultimate goal of these incenfives is to create an economicaUy vibrant lodging, housing, and commercial core area. The incentives in fhis Zone Disfrict include increases in allowable gross residential floor area, building height, and density over the previously established zoning in the Lionshead Redevelopment Master Plan study area. The primary goal of the incentives is to create economic conditions favorable to inducing private redevelopment consistent with the Lronshead Redevelopment Master Plan. Addrtionally, the incentives are created to help frnance public off-site improvements adjacent to redevelopmenf projects. Krith any development/redevelopment proposal taking advantage of the incentives created herein, the following amenities will be evaluated: streetscape improvements, pedestrian/bicycle access, public plaza redevelopment, public art, roadway improvements, and similar improvements. , B. Title 11, Sign Regulations, Vail Town Code 11-1-2: PURPOSEAND IIVTENT: A. Genera/ Purpose: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town of Vail and to promote the coordinated and harmonious design and placement of signs in the town in a manner that will conserve and enhance its nafural environment and ifs established character as a resort and residential community of the highest quality. 8. Specific Purpose: These regulations are intended to achieve the following specific purposes: 1. To describe and enable the fair and consistent enforcemenf of signs in the town of Vail. 2. To encourage the esfab/ishmenf of well designed, creative signs that enhance the unique character of Vail's village atmasphere. 3. To preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4 , ' . ` . 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable - community. C. Lionshead Redevelopment Master Plan (in part) Section 2.3 Policy Objectives 2.3.1 Renewal and Redevelopment: Lionshead can and should be renewed and redevelopment tv.become a warmer, more vibrant environment for guests and residents. Lionshead needs an appealing and coherent identify, a sense of place, a personality, a purpose, and an improved aesthetrc character. D. Vail Village Master Plan, Section V. Goals, Objectives, Policies and Action Steps Objective 1.2: . Encourage fhe upgrading and redevelopment of residential and commerciaJ facilities. Objective 3.1: Physically improve the existing pedestrian ways by landscaping and other ' irriprovemenfs. V. REVtEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and These supplemental regulations concerning construction in the commerciaf cores were originatly adopted in the spring of 2005, at the beginning of "Vai('s Renewal". These original regulations were intended to help mitigate the numerous anticipated redevelopment and streetscape projects in Vail Village and Lionshead areas. The completion dates for these projects were only estimates at the time these regulations were adopted, so an April 1, 2008, expiration date was adopted with the understanding that these regulations may need to be terminated eariier than, or extended beyond, 2008 based upon the pace of construction. There are several smal) scale elements of the streetscape projects in both the Vail Village and Lionshead are scheduled for completion this coming summer, as well as numerous upcoming private development projects in the commercial core areas (Landmark, Lionshead Center, Lion, Square Lodge North, Rucksack, Gorsuch, etc.) that will directly impact the business, residents, and guests in these areas. Therefore, Staff be(ieves there is a need to renew the commercial core construction regulations to help mitigate the impacts of these upcoming construction projects. Staff believes the proposed text amendments to extend these existing regulatians will continue to further the general and specific, purposes of Titfe 12, Zoning Regulations, and Title 14, Sign Regulations. 5 ~ 2. The extent to which the text amendment would better implement and better . achieve the applicable elements of the adopted goals, objectives, and policies outiined in the Vai! Comprehensive Plan and is compatible with the development objectives of the Town; and As further described above, Staff believes the text amendments are proposed in response to the pace of construction within the core areas and will better implement and better achieve 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 (as detailed in Section IV above) than a 2008 expiration date. 3. The extent 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 As further described above, Staff believes conditions have changed since the initial adoption of these regulations and the proposed text amendments are a response to the pace of construction within the core areas. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among tand use regulations consistent with municipa( development objectives. As further described above, Staff believes the proposed text amendments wiA continue to 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 in response to the actual pace of construction within the core areas. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. The Vail Economic Advisory Committee has recommended approval of an extension of the commerciai core construction regulations. Vt. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulation amendments to Section 12-14-20, Commercial Core Construction, Vail Town Code, to allow for the extension of the commercial core temporary construction signage for businesses, and setting forth details in regard thereto. Should the Planning and Env'ironmental Commission choose to forward a. recommendation of approval, the Community Development Department recommends the Commission pass the following motion: 6 "The Planning and Environmental Commissron fonwards a recommendation of approval to the Town Council, pursuant to Section 92-3-7, Amendment, Vail , Town Code, for prescribed regulation amendments to Section 12-14-20,. Commercia! Core Construction, Vail Town Cocle, to allow for the extension of the commercial core temporary construction signage for businesses, and setfing forth details in regard therefo." Should the Planning and Environmental Commission choose to approve this variance request with conditions, the Community Development Department recommends the Commission makes the following findings based upon a review of Section V of the Staffs February 25, 2008, memorandum to the Pianning and Environmental Commission, and the evidence and testimony presented: °1. That the amendments are conststent with the applicable elements of the adopted goals, objectives and policies ouflined rn the Vail Camprehensive Plan and is compatrble wrth the development objectives of the Town; and 2. That the amendments further the general and specifc purpose of fhe Zoning Regulations; ancf 3. That the amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and f?armonious development of the Town in a manner that conserves and enhances its natural environment and its estab/ished characfer as a resorf and residential community of the highest quality. " ~ ORDINANCE NO. 6 SERIES OF.2008 AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, A6tTICLE D, VAIL TOWN CODE REGARDING OFFENSES AGAINST PUBLIC PEACE; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter'); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Council finds that hindering transportation within the Town is of public concern and efficient police regulation of such a crime would preserve the general welfare of the citizens and guests of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT; Section 1. Title 6, Chapter 3, Article D, is hereby amended by the addition of Sub-Section 6-3D-5, to read as follows: SECTION 6-313-5 HINDERING TRANSPORTATIOIV: A person commits the offense of hindering transportation if he knowingly and without lawful authority stops or hinders the operation of any vehicle used in providing transportation services of any kind to the public or to any person, association or corporation. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Ordinance No. 6, Series 2008 Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed: Section 5. The Council hereby flnds, 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. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of February, 2008, and a public hearing for second reading of this Ordinance set for . the 4th day of March, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 4"' day of March, 2008. Dick Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 6, Series 2008 RESOLUTION NO. 2 Series of 2008 A RESOLUTIOPI APPROVING A MASTER FACILITIES LEASE AGREEMEfdT WITH THE VAIL PARK AND RECREATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town°), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town and Vait Park and Recreation District (the "VRD") desire to enter into a Master Facilities Lease Agreement with regard to the facilities listed and subject to the terms set forth in the attached Exhibit A. NOW .THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Master Facilities tease Agreement, attached as Exhibit A hereto and incorporated herein by this reference, is approved by the Council. 2. The Town Manager is hereby authorized to execute and deliver, on behalf of the Town, the Master Facility Lease Agreement in substantially the same form as approved by the Council subject to the condition set forth in Paragraph 3 below. 3. The authority granted to the Town manager by this Resolution No. 2, Series of 2008, is expressly conditioned upon and can only be exercised subsequent ~ to the Council's approval of a lease agreement with the VRD for the Vail Golf Course. 4. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 4~' day of March, 2008. ' Dick Cleveland, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 2, Series 2008 • y,. - . TOWN OF VAIL AND VAIL PARK AND RECREATION DIS'TRICT LEASE 52008 {OW.~E~1-Qp.4..7.1. 9.3.4.,DOC „4 . . TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MASTER FACILITIES LEASE THIS TOWN OF VAIL AND VAIL PARK AND RECREATION DISTRICT MASTER FACILITIES LEASE ("Lease") is made and entered into as of the day of , 20081 by and between the TOWN OF VAIL, COLORADO, a Colorado municipal corporation, hereinafter referred to as the "Town," and the VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, hereinafter referred to as the "District". The Town and the District are sometimes referred to herein singularly as.a "Party" and collectively as the "Parties". WHEREAS, the District (i) is a quasi-municipal corporation and political subdivision of the State of Colorado separate and independent of the Town, (ii) is organized for the primary purpose of and has over 40 years of expertise and skill in providing recreational programs and services to its residents and visitors, and (iii) is governed by its Boazd of Directors, which Directors have been duly elected by its voters; , and WHEREAS, the District imposes an ad valorem mill levy of .3 2g7 mills on taxable property within its boundaries for purposes of defraying in part the costs of fuifilling this mission; and WHEREAS, the Town owns various recreational facilities as further described herein; and WHEREAS, it is the desire of both Parties to cooperate in the provision of recreation programs and services to the inhabitants and guests of the Town at the Leased Premises (defined below); and WHEREAS, the District has been providing such services under lease agreements, including without limitation the Town of Vail and Vail Park and Recreation District Lease dated December 21, 1993 related to the Dobson Ice Arena and other facilities referenced therein (the "Prior Lease"); and WHEREAS, it is the desire of both Parties for the District to continue to provide these services; and WHEREAS, the Prior Lease does not apply to the Vail Municipal Golf Course ("Golf Course") or the Vail Gymnastics Center and the Parties do not intend for this Lease to apply to such facilities; rather, a new lease applicable to the Golf Course is {Eu~e~u~44:oo.o71.23.o,Doc i} expected to be executed contemporaneously herewith and the lease applicable to the Gymnastics Center shall remain unaffected by this Lease; and WHEREAS, in connection with identified major facilities repair and maintenance projects necessary to be conducted currently and into the foreseeable future as well as possible major renovations or reconfigurations of Town facilities, the Parties desire to modify and supersede the Prior Lease and memorialize their intended relationship with respect to their rights and obligarions 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 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 of the District and visitors of the Town. Except as expressly reserved herein, this Lease shall supersede the Prior Lease and any other agreement to which the Town and the District are Parties with respect to the Leased Premises, and such Prior Lease and agreements are hereby agreed to be of no further force or effect with respect to the Town, the District and the Leased Premises. 2. LEASE OF PREMISES. The Town hereby leases to the District and the District leases from the Town the real estate associated with, and all improvements ' located on, in, or under, the facilities set forth below and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Leased Premises"): (a) John Dobson Ice Arena ("Dobson"); (b) Nature Center; , (c) Upper Bench at Ford Park; (d) Public Tennis Courts; (e) Athletic Fields; ( fl Youth and Teen Center; (g) Red Sandstone Athletic Field; and {EiAC1~WAA-44Q.7_1234.,DOC 2 ' . (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. 3. USE OF PREMISES; PERFORMANCE STANDARDS; DOBS (a) Use of Premises. The Leased Premises shall be primarily used for recreation programs and services except as otherwise provided for herein. Such services and programs shall be of high quality and shall be of sufficient diversity and scope to meet the recreational needs of the inhabitants of the Town and the visitors thereto. (b) Performance Standards. A committee composed of District Board Members and Staff and Town Council Members and Staff (a "Recreation Subcommittee") may be created to act as a liaison between the Parties. The Recreation Subcommittee may promulgate from time-to-time advisory performance criteria with regard to programming, facilities usage and other matters related to the District's delivery of programs and services at the Leased Premises. 4. DOBSON SPECIAL PROVISIONS. a1 43Yebster Deed of Gift. The District understands that Dobson is a multi-use facility utilized for both recreation and other purposes by the Town, and further understand the Town desires that the provisions of a Deed of Gift between the Town and Elizabeth M. Webster, a copy of which is attached to this Lease as Exhibit C. be complied with for so long as the Town determines its provisions to be applicable. The District agrees that it will not depart from the provisions of said Deed of Gift without the consent of the Town. ~b Oi}-Uses• The District agrees to maximize the use of Dobson for conventions, meetings, conferences, concerts, and other income producing or crowd- drawirig events subject to the other requirements of this Lease, including ice skating provisions. c (rii)-Town Uses. 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 terrn 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 T,;st,.:e+ s?,,,,l bo v„+;doa ,-o,.o;..o *ho ,.,.,,ss ..o,.o,r+. + {i~(A"44Ij93Q.D0C i} 3 Town agrees to nav or reimburse all associated District 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. 5~ 4-UTILITIES. The District shall pay all charges for gas, electricity, light, heat, power, telephone, video, internet or other communications services used, rendered, or supplied upon or in connection with said Leased Premises, with the exception of the Youth and Teen Center, and shall to the extent permitted by law indemnify the Town against any liability or damages on account of such charges. 6- S-ACCESS TO THE PREMISES. The Town and its agents shall have the right to enter in or on the Leased Premises to examine them and to perform maintenance, repair, or replacement as required hereunder. Z, H-CHANGES TO THE LEASED PREMISES. (a) Town's Right to Make Chan es. The Town retains the right to conduct major changes to the Leased Premises, including without limitation additions, reconfigurations, tear-downs or relocations at its discretion. (b) Maintenance of Changed Facilities. In the event the Town deternunes to change a portion of the Leased Premises, whether such change is minor or " major (a "major" change including an expansion, tear-down, reconfiguration, relocation, etc.), the Parties shall meet and revise the Master List (defined below) of maintenance responsibilities consistent with the most recent allocation of responsibilities; provided, however, that the District shall not be obligated to retain or accept responsibility for maintaining, repairing, or replacing any changed item or new item if the District's estimated cost in doing so is increased by more than 10% as a result of such change. (c) District Changes to Town-Maintained Facilities. The District shall not change any portion of the Leased Premises for which the Town is responsible for maintenance, repair, or replacement without its prior written approval, which approval may include conditions. (d) Limitation on District Chan es The District shall not make any changes to any portion of the Leased Premises with work costs in excess of $25;8805QM (in 2008 dollars) without the written approval of the Town. All such work shall be performed in a good and workmanlike manner and all new facilities or other improvements affixed to the Leased Premises shall, upon termination of this Lease, unless otherwise agreed at the time the Town's written approval is obtained or unless the Town requests removal thereof; become the property of the Town. {a~~oc>y~~}:ooo.za~~o,DOC i} 4 8. 7-MAINTENANCE, REPAIRS AND REPLACEMENT. (a) General Maintenance Obli at~s. The Parties generally intend that the Town shall be obligated to ensure (i) that all mechanical systems, structural members and systems, and exterior finish items (e.g., painting; roofing, windows, etc) are maintained in good working order and safe condition and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The Parties also generally intend that the District shall be obligated to ensuxe (i) that all interior finishes (painting, drywall, flooring, etc.) are maintained in good working order and safe condition and (ii) that such items are properly repaired when broken or damaged and replaced when they reach the end of their useful life. The remaining provisions of this Section 4:(e)$ 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)$ and any other specific provision of this Lease, including without limitation the Master List (defined below) in Exhibit B as amended from time-to-time, shall be resolved in favor of such specific provisions. (b) Snecific Maintenance Obligations: Master List. The Parties shall be responsible for maintaining, repairing, and replacing the facilities and improvements listed in a master list attached hereto as Exhibit B and incorporated herein by reference ("Master List"), which Master List may be modified or amended from time-to-time by acknowledgment of the Town's Town Manager and the District's Executive Director. Where a Party is designated as responsible for maintenance, repair, or replacement of a particular facility or improvement, such Party shall perform the same at its sole cost and expense as and when needed to preserve it in good working order. and first class condition. (c) HVAC. The District shall, on an annual basis, hire an outside, qualified company to inspect and provide routine maintenance on the HVAC systems to ensure proper working condition. A copy of an invoice or other documentation showing the work performed shall be forwarded to the Town Director of Public Works. (d) Damages to Facilities. Neither Party shall be responsible for the repair or replacement of any facilities or improvements damaged by the negligent or willful acts or omissions (including without limitation negligent maintenance) of the other Party or its guests, agents, employees, licensees, or invitees. (e) Annual Capital Facilities Assessment. On or before June 1 S` of every year, each Party shall submit to the other Party for its review and comment an assessment of each of the facilities and improvements for which it is responsible under this Lease (a "Capital Facilities Assessment" or "CFA"). Each year the CFA shall include an evaluation of the adequacy of maintenance which has been performed and at least a five year forecast of expected maintenance, repair, and replacement items and an estimate of expenditures necessary to accomplish the same consistent with the terms of this Lease. {W064404-:44Q1.1.930,DOC 5 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 B 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 Master List will not change. (f) Annual Maintenance Log. Each Party shall keep an annual log setting forth actual expenditures made for maintenance, repairs, and replacements required hereunder. Each Party shall forward a copy of such log to the other Party on or before April l s` of the following year. (g) Financing of Maintenance Obligations: 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 Party separate budget line items known as "Recreation Proj ects Line Items" or "RPLI". Subj ect 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 Capital Facilities Assessment. While the Parties are only required to fund one year in advance, the Parties are encouraged to use the RPLI to set aside funds for expenditures foreseeable several years into the future. Once funds are appropriated to the RPLI, they may only be expended on maintenance, repairs, or replacement items required to be made hereunder or on acquisition of new facilities or improvements for the Leased Premises. However, for purposes of this Lease, funds appropriated to the RPLI do not have to be reserved for or traced to the item in the Capita.l Facilities Assessment to which they axe related (e.g., funds identified in the RPLI in 2009 for replacement of a certain roof in 2014 are not restricted to funding replacement of such roo fl. Any funds not expended in a particular year shall be re-appropriated consistent with the CFA; provided, however, that such remaining funds sha11 not offset or reduce funds required to be appropriated to the RPLI in the subsequent year. If a Party desires to expend funds within its RPLI on any item other than maintenance, repairs, or replacement items required to be made hereunder or on acquisition of new facilities or improvements for the Leased Premises, the written approval of the other Party's Council or Board, as the case may be, shall act as a waiver of any claim such Party may have with regard to such expenditure. It is the intent of the Parties that no other person shall have a claim for any alleged breach of this Recreation Projects Line Iterns Section. On an annual basis, each Party shall provide the other Party with a detailed description of its appropriations to and expenditures from its RPLI. Upon the expiration or earlier termination of this Lease, any funds remaining iri a Party's Recreation Projects Line Items may be spent in any lawful manner, for any purpose, and without any obligation to the other Party. 9. -SURRENDER OF PREMISES. Upon the expiration or other termination of this Lease, the District shall promptly quit and surrender to the Town the Leased Premises in good order and €ir-st e-las-ssafe condition, ordinary wear excepted. {OW,944:000.71930,noc i} 6 10 -9--DISTRICT PROPERTY. AII items of property purchased by the District and not affixed to the Leased Premises shall remain the property of the District. 11 4~B--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 been paid and received in advance. 12. 44--PASSES. As a benefit for its employees, the District shall provide the Town with as many season golf, tennis, Nordic, and skating passes as the Town requests. Such passes shall be non-transferable. Use of the Leased Premises pursuant to such passes shall be subject to all District policies, rules and regulations. 13. 4?:-PARKING. The Town will provide twelve (12) parking spaces for District employees at the Ford Park Paxking lot at no cost. Further, the Town will provide to the District as many parking passes and coupons for the Lions Head Parking Structure as the District requires to utilize for its employees. These passes may not be re- sold by the District. This Lease shall not supersede or amend the Ford Parking Lot Management Agreement among the Parties. 14. 41.-PERSONNEL. The Town and the District and their respective officers, agents, and employees shall fully cooperate so as to facilitate the performance of this Lease. The provision of recreational services and programs as contemplated in this Lease, and the hiring, firing, and discipline of District employees shall be the ' responsibility of the District. No person employed by the District sha11 have any right to Town benefits including health insurance and pension. The District, however, may invest pension funds in the Town's pension fund subject to such conditions as may be established by the Town and pernutted by law. The Town shall not be liable for the payment of any salaries, wages, or other compensation to any District personnel performing recreation services pursuant to this Agreement, nor for any obligation of the District other than provided for herein. Nothing herein shall obligate the Town to be liable for the injury or sickness of any District employee arising out of his/her employment. 15 44-LIABILITY, INDEMNIFICATION AND INSURANCE. (a) District Indemnification. To the extent legally permissible 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 harniless 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 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 {EA"C*41-:Q04.71.93.O..DOC 7 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 permissible and without waving any of the protections, requirements, and limitations of the Colorado Governmental Immunity Act, the Town shall indemnify and hold the District harmless from and against any and all liability, loss, damages, costs and expenses, including reasonable attorney's fees arising from the negligence of the Town, its officers, agents, employees, successors and assigns. (c) Insurance. The District and the Town shall respectively provide their own public liability, property damage, and errors and omissions insurance policies sufficient to ensure against all liability, claims, and demands or any other potential liability arising from this Agreement. Further, the District and the Town shall, subj ect to the approval of each Party's insurance carrier, name the other Party as a coinsured under such insurance policies and shall furnish evidence of the same to the other Party. By execution, of this Lease, each Party represents that it has received satisfactory proof of payment of the other Party's insurance. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. The District and the Town may provide such insurance through programs of self insurance. Each Party shall procure and continuously maintain the following minimum insurance coverages, or self insurance capability: (i) Workman's Compensation insurance coverage in the statutorily prescribed amounts. (ii) The following types of insurance coverage in the amount of one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence, or such limits as otherwise provided by the Colorado Governmental Immunity Act, and one million 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 property 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. (3) Errors and Omissions insurance coverage. {EG6WA:444.7.1930 DOC 8 1 . .(4) Liquor Liability insurance coverage if the District obtains a liquor license to serve wine, beer, or intoxicating liquors. 16. 4--S-EFFECTIVE DATE. This Lease shall become effective on the date set forth at the beginning of this document. ~ 4,6-.-DEFAULT. (a) General. In the event a party fails to perform any of its non- monetary obligations (a "non-monetary default") hereunder after 30 days written notice or a party fails to perform any of its monetary obligations (a "monetary default") after . five days written notice, then such party shall be in default under this Lease, and the non- defaWfingbreaching party shall be entitled to exercise any and all rights provided for by law, including without limitation termination of this Lease. However, in *h° e••s° , , ~ f ilure to nerform an obligation shall be deemed a default for ~ , th-e b party • _ . . . . . , the . . . . . . ~ a_S i The breaching 12artv is using its reasonable efforts to cure a non-monetarv obligation which cannot reasonablv b cured within the 30 day neriod referenced in Section 17(a) above• ii The breaching partv disputes that it has failed to perform an obligation and either narty determines to mediate the disnute If apartv determines to mediate, it must nrovide written notice to the other narty within the applicable notice period referenced in Section 17(a) above of uch determination Upon deliverv of such notice the applicable notice neriod shall be tolled effective as of the date of the notice and the parties shall proceed to mediate the issue• provided however, that the notice period shall be tolled onlv for so long as the mediation nrocess is activelv being pursued d in anv event the tolling neriod shall last no longer than six months from the date of the initial notice of non-performance The 12arty requesting mediation shall pav the costs Qf the mediation exce t for anX attornevs fees incurred bv the otherpartv in connection with the mediation• or iii A nartv is unsatisfied with the results of the mediation nroceedings referenced above and nrovides notice prior to the lansing of the notice neriod referenced in Section 17(a) above (which neriod mav be tolled nursuant to Section {AA069941-:009]1.93.9...DOC 9 17 1(ii) abovel, to the other a~rtv of its intent to have the disnute subiect to non-binding rbitration In such event the narties shall submit the matter to non-binding arbitration and th notice neriod referenced in Section 17(a) above will again be toiled. However, the notice neriod shall be tolled onlv for so long as the arbitration 12rocess is activelv being nursued and, in any event the tolling neriod shall last no longer than nine months from the date of the initial notice of non-performance The partv reauesting arbitration shall nav the costs of the arbitration excent for anv attornevs fees incurred bv the other partv in connection with the mediation. (M Iii the eN nt of a_r!~:c_un_iilg iion-moneta~default or a rtL~cc;urring nlonetar~ ci~fa~lt tlie llaye 4K 11ourS.after wri_ttenis be in_ciefault and the mediation ni arbitration x~rovisions of this Section shall be inannlicable and of no effect a c~ (b)-Limitation of Damages; Remedies Cumulative. Neither party is entitled to incidental, consequential or exemplary damages as a result of the default of the other party. All rights and remedies herein enumerated shall be cumulative, and none shall exclude any other remedies allowed at law or in equity. 18, 4-7-TERMINATION. (a) Unless sooner terminated as provided for herein, this Lease shall terminate at noon ten years from the date set forkh at the beginning of this document (the "Termination Date"); provided, however, that this Lease shall automatically renew for up to rivo successive ten year terms unless either party provides the other party with written notice of its decision to not renew this Lease no later than one year in advance of the Termination Date. (b) Upon expiration or earlier termination of this Lease, the District's right to use the Leased Premises and all improvements thereon shall cease as provided for herein. (c) Upon termination of this Lease, both Parties shall have no further obligations of any kind or nature, except those that specifically survive ternunation. 12. U.-MISCELLANEOUS PROVISIONS. (a) Amendments, Modifications and Waivers. No amendment, modification, or waiver of any covenant, condition, or provision hereunder shall be valid unless in writing and duly executed by the Party to be chaxged therewith. (b) Entire A reg ement. This written Lease embodies the whole agreement between the Parties hereto and any inducements, promises, terms, representations, conditions, or obligations made or entered into either by the Town or the District not contained herein are void and of no force or effect. {aeocA401:000-71.939,DOC i} 10 (c) Binding Agreement. This Lease shall be binding upon the respective Parties, their successors or assigns. (d) Severabilitv. All promises and covenants herein are severable, and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Lease shall be interpreted as if such invalid provision or covenant were not contained herein. (e) Authoritv 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 pursuant to the terms of this Lease shall be considered made the day it is mailed via certified or registered mail to the following addresses: Town Manager Town of Vail 75 South Frontage Road Vail, CO 81658 Executive Director - Vail Park and Recreation District 700 South Frontage Road East Vail, CO 81657 (g) No Third Party Rights. This Lease shall not be deemed to confer or grant to any third Party any right to claim damages or bring any legal action or claim against either the District or the Town because of any breach hereof or any covenant, condition, or provision contained herein. (h) Specific Enforcement. In addition to any other remedies available to the Parties in law or equity upon breach, this Lease shall be subject to specific enforcement. (i) Assignment: Sublease. This Lease shall be non-assignable and the District shall not mortgage or encumber any of the facilities set forth herein or pledge any interest under this Lease as security in a financing transaction without the prior written consent of the Town in each instance. However, the District may sublease or license portions of the Leased Premises for purposes which further the District's provision of park and recreation services to the public, which purposes include without limitation concession services, food and beverage services, performances, sleigh rides, and other i(9)o6Q4W-osO.zJ23.Q,DOC 11 amenities; provided however, that anv such sublease or license shall not have a term exceeding three years without the written consent of the Town. (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 shall be made in the sole discretion of such bodies. (k) Section Headings. The section headings in this Lease are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. (1) Time of the Essence. All the time limits and requirements stated in this Lease are of the essence of this Lease. (m) Duplicate Original. This Lease may be executed in two or more counterparfs, each of which shall be an original, but all of which together shall constitute one and the same instrument. (n) Compliance with All Laws and Regulations. The District agrees not to use or permit the Leased Premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town. (o) Additional Assurances. The Parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of tlus Agreement. {(~eb!wE~-~4471434,DOC . 12 i IN WITNESS WHEREOF, the 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: Secretary VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: Attest: Secretary STATE OF COLORADO ) ) ss. COUNTY OF ) . The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of the Town of Vail Park, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: Notary Public 13 IN WITNESS WHEREOF, the 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: Secretary VAIL PARK AND RECREATION DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: Attest: Secretary STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of the Town of Vail Park, a Colorado municipal corporation. Witness my hand and official seal. My commission expires: Notary Public {acogPWA .ooo.z.t~3 .a.,DOC i} 13 amenities; nrovided, however, that anv such sublease or license shall not have a term exceeding three vears without the written consent of the Town. (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 shall be made in the sole discretion of such bodies. (k) Section Headings. The section headings in this Lease are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. ' (1) Time of the Essence. All the time limits and requirements stated in this Lease are of the essence of this Lease. (m) Duplicate Original. This Lease may be executed in two or more counterparfs, each of which shall be an original, but all of which together shall constitute one and the same instrument. (n) Compliance with All Laws and Regulations. The District agrees not to use or pernut the Leased Premises to be used for any purpose or in any fashion prohibited by the laws of the United States, or the State of Colorado, or the ordinances or regulations of the Town. (o) Additional Assurances. The Parties agree to reasonably cooperate to execute any additional documents and to take any additional action as may be reasonably necessary to carry out the purposes of this Agreement. {E~069901-:4497123-0,DOC 12 STATE OF COLORADO ) ) ss. . COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 20 , by as of Vail Park and Recreation District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public {ec3o64441-0Q3J93.o.:DOC i~ 14 . 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(Pareel 210106407012; Zone District: General Use) ThismapwaaeatedbytheTowndVailGlSTeamandshauldbeusedforgeneralpurpamsonly.ThaTOwnolVaildoesnotwananttheattvroryofth5info~ationcoMainedherein (where shown, parcel'ine wori is apo•c unate) Youth and Teen Center (in Lionshead Parking Structure) March~,~- . . - ~ Iw i,~~~._ .,~r ....,,a . , a •e""~r-'... ~ .',s`z~$¢~ ti ry~ y t~ • " s ~ ? ~ ~ h! , ow~. ~ v ~ r~ ~ a~ ..1~ .•4.N i~ ~ . . , • r rr•. ' ts x ..'':..e. *~'6•:b . f : Z., ;4`Y ~ t , i~+S' .4`s.P4' rt 4, ~,,,y~;, 5= f, 4y 4 - h 1 . y' T'` ~ c b .x'.s 5 ' ~ t ~ ~a . s ~ , r x.:n., ~ ~ ~ 4* A ,i`YZn,.° --,n ~ ' 1 ,;ta~ `•-~.1, SV~~ 3r ~ 7~z. ~ ~.j .a.~N ~ Y.i~~yi` p, .sr,w-,,,.~ r ;kw~~. ..f }~~,~f~.~~~ r~1 `^k .x ~~1s~ - M ?i . ~ J ~ i ..5~"~ \P'*~ C a i AS~yy, `L F/.~~ 25 50 Feet ' _.'rp . 3':f, i' I ~ ~ i ~ ~ 4.a`_ r r ',Sitr . -.~r.•~-a ~ µr S~'.;.'~ o('J~,Idoesnctwa^'+ntd~e~e~estaM'.P ~,dshouidbevsedfo~gene~alPu~P~seso~ly.ihef'~' ~ ' . , ThismaP^°'". ytheTwi+~dVailGS istrict: General Use) tParcel 2~Q10~°7 n Ice Arena ~{+IS /}j ~r~ .,;e ~ -sK~, e ~ • ~ ~"'~~i ~ ,w~ "h ~ ~ x~~ ~ , „ ; •t~~'~~ ~ ,s~a6~^~ • .l ~ s } ~Y s 3,r ~ 'i ~ • SR` 1- _ ~ s.~ ~ 'G'`~ 't" NAY f,J~~~iL ' • ' A +'G-i Y~ 5£d' ,~~K~z~ ~ ' ~~i~. . ...+F~~~4 , ~ ~F • "Y~ .'1-q~eS~~'Y ~~r ` ;i~ a . ~~'t~f.t' . ~F, ~ '~i,4 ~`i~ ic'` r~ i 5 . t- F I I, a~ r u k ,rf~ _ i w~yK~~.,~r'~`f..~,gy ` ~ ~ _ ~ '~S..i x ~ s~ r - s. 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X..+~A4 _ rti_,a : ~t~~, ~S ra-~~ ~~3`~,~'~` _ ~ ~ i y »3"- ? .e y~r} ~QF~~'a' ~~~.t ~ >^S.;_"~„ s'w'd~ ~ 'c~ ~ , i'~` lg.• ~i : ~ ~.~"v~ z~ d~ a r'~~`~' C~ r~ ~`ci k ~ .~r'~~te., ~ ~.y, ~ ~n? . 1} ~ ` n ~,s -=•s~"'+~s~~r ~ ~ .j~ y ~Y y.. ~.~5..~ - 4 'l~v.l'a-~~! fif S ~ ~~.`ID ~~+e~ F l ' 'L N~.w•a{~ 'y.~~.a~~ r. . ~ ' ;1-at 4°z. w t fi~.ri3 y ~ \ 13 p - ~ • r a 'xY 1 '~.n e~'~ '¢.f~ E f :iL~ z` ,~X ~ ~ m , , t' 1"'"~"0` '~.:e 4 n-. .T M~ 25 _ ~ ~ s~ N FROfyTqG~ ~~;c., ~ f z.~~ ry':~:~`'~~ • ~ ~ ~:,x , u . • ~ ~ o ~ , • ~ ~ ~ EXHIBIT B MAINTENANCE RESPONSIBILITIES MASTER LIST AND INITIAL CAPITAL FACILITIES ASSESSMENT (Attached - 3 Pages) Attachment Acknowledged By: Town of Vail Vail Park and Recreation District Town Manager Executive Director Date: Date: a {0(064944.00 Q.7_19.39 DOC VRDITOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS 2007 2008 1009 2010 2011 2012 TotalThru 2011 Town Responsibility VRD Responsibility Description 2007 2008 2009 2010 2011 2011 ToWI Thry 2012 (Tennisfford Park All None Ai-Clubhouse Grading and Drainage 3,510 _ 3,5101 Tennis/Ford Park Repair Major Structual Issues Repair Stair Treads A2-Clubhouse - Strudure- VRD Responsibility 1,000 1,000 TennislFord Park Repair Major Stmclual Issues Repair Sfair Treads A2-Clubhouse - Strudure- Town Responsibility 2,080 2,080 ~ Tennis/ford Park All None k3-Vvooo Siding tk Trim 550 3,569 4,119 Tennis/Ford Park All None A4-Stone Veneer Tennis/Ford Park All None AS-Windows Tennis/Ford Park All None A6-Exterior poors iTennis/Ford Park All None A7Clubhouse Roofing 7,500 _ 7,500 Tennis/Ford Park None All Painiting and Patching A8-Clubhouse Walis and Ceilings 8,112 $112 Tennis/Ford Park None , All normal wear and tear A9•Clubhouse Floodng 16,465 16,465 - - - JTennis/Ford Park Routine Replacements Any enhancements to facilities A30-Clubhouse Locker Rooms ~33,746 33,7461 TennislFord Park None All repairs and replacements A31-Kitchenette 8,977 8,977 - - TennislFord Park ~ All major repairs and replacemen-ts Routine maintenance A12-MechaNcal Systems 1,200 3,375 4,575 TennislFord Park All None A13-Outbuilding - Strudure 6,864 258,719 265,583 Tennis/Ford Park All None A14-CMU Block Veneer 4,056 4,056 Tennis/Ford Park All None A15-Low Slope Roofing 22,255 22,2551 Tennis/Ford Park All None A36-0utbuflding Restrooms _ 8,176 8,176j Tennis/Ford Park Overlays Rouiine crack fill A17-Asphalt WalkwaVS- VRD Responsibility 4,050 4,927 8,977 Tennis/Ford Park Overlays Routine crack fll A17-Mphalt Walkways- Town Responsibility 37,964 ~ 37,964 Tennis/Ford Park All Replacemenis Minor crack 611s A18-Concrete Walkways 5,365 5,365 i Tennis/Ford Park Town None A19-BrICk Pavers 2,704 2,7041 Tennis/Ford Park Town None A20-MSE Retaining Walls I Tennis/Ford Park Replace Paint & Maintain A21-Metal Hand Railings 2,875 2,875 Tennis/Ford Paric Direciional and informational Intemal Facility Signage A22-Signage 4,095 4,095 Tennis/FordPark -Ail None A23-LightingUnitr 8,112 8,112 Tennis/Ford Park None All A24-Ball Field Grading and Drainage 8,000 µ 2,600 2,704 2,812 2,925 9,733 28,774 Tennis/Ford Park None All A25-Ball Field Chain Link Fence 5,206 5,206 Tennis/Ford Park None All A26-Bleachers 23,111 23,111 Tennis/Ford Park None All A27-Ball Field Accessories - Tennis/Ford Park Replacement TBD Per GC Lease Timeclocks- Repalcemeni TBD A28-Irrigation System 4,160 4,160 Tennis/Ford Park None All A29-Tennis Courts- Resurfacing 5,000 5,200 5,408 7,312 5,849 6,083 34,852 iTennislFord Park All ~ None ~ A30-Tennis Court Retaining Walls _ 46,200 138,600 184,8001 Tennis/Ford Park Replacement oi Poles Chain Link Repairs & Wind Screen A31-Tennis Court Fencing- VRD PorGon 11,287 13,733 25,020 Tennis/Ford Park Replacement ot Poles Chain Link Repairs & Wind Screen A31-Tennis Court Fendng-TOwn Portion 10;500 31,500 42,000 ~ Youth Sva All None Bl-Structure 3,500 3,500 ~ Youth Svcs None All 132-Walls and Ceilings 5,544 5,544 Youth Svcs None All 63-Flooring 20,000 4,802 24,802 Youth Svcs None All 64-Kitchen 12,167 12,167 Youth Svcs None All BS-Televisions - Youth Svcs None All 66-ACtivity Accessorles 1,040 1,040 - ~YouthSvcs Replacements RoutiogMainfenance B7-Fumaces - 19,500 19,500 Youth Svcs ADA- 5plii 50%/50% ADA- Split 50°k150% BS-Elevator System- VRD Portion 112,486 112,486 JYOUth SvCS ADA- 5p1i150"%/50'/o µ ADA• Splil 50%!50°/a 68-Elevator System- Town Portion _ 112,486 112,486 Youth Svcs None All 139-Red Sandstone Elementary 6Ym 6,760 1,687 8,447 PAGE1 ~ VRDITOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS 2007 2008 2009 2010 2011 2012 TotalThru 2012 Dobson All None Cl-Grading and Dralnage ' Dobson All None C2-Substrudure 2,000 15,600 17,600 i Dobson All None C3- Superstructure . Dobson All None C4-ExteriorTransformer Foundation 2,080 2,080 i Dobson All None C5-Concrete Tllt-UD Walls 3,245 3,245 ; Dobson All None C6-Wood Trim and Exposed Giulam Beams 7,097 5,350 12,4461 Dobson All None C7-Metal Siding Dobson Exterior calking and replacement Interior Calking C8-Windows 1,190 1,338 2,528 I Dobson Exterior calking and replacement Interior Calking & Minor Repairs C9-Euterbr poors 1,730 1,730) Dobson All None C10-Steep Slope Roofing 755,506 755,506 I Dobson Ail None CSl-Low Slope RooFlng ~ Dobson AIl None C12-Exhaust Stacks 9,200 3,159 12,3591 1,825 1,825 ; Dobson . AIl None C13-Concerete Walkways Dobson All None C14-Brick Pavers 1,338 1,336 ~ Dobson All None C15-Rock Walis 1,237 1,237 ~ Dobson All None C16•Exterior Lighting _ 1,237 1,237 ; _ - - - Dobson Replacement Painting C17-Steel6ate 1,144 1,338 2,482 Dobson None All C18-Interior Walls and Ceilings 22,834 27,537 50,371 Dobson None ' All C19-Interior Flooring 1,514 1,574 1,637 1,703 6,428 Dobson Replacements Bulbs and lighting upgrades C20-Interior Lighqng- VRD Portion 3,432 3,432 Dobson Replacements Bulbs and lighting upgratles C20-Interior Lighting-Town Portion ~ 18,858 18,858 I Dobson All Renovations Additional costs of upgrades C21-Changing Rooms 20,196 20,196 ; Dobson All Renovations Additbnal costs of upgrades C22-Restrooms. 24,972 _ 24,972 j Dobson None All C23-MeWI Lockers Dobson None All C24-Concessions 2,912 2,912 Dobson None All C25dte Rink 1,144 8,212 9,356 Dobson Replacement Upgredes and sanding and staining C26-Bleacher Seatfig 3,118 3,118 Dobson Replacement Painting C27-Hantl Railings 4,054 3,407 7,461 ,Dobson Replacemeni Painting C28-Interior poors 1,144 1,287 2,431 lDobson All Nane C29-Sky LightLouverSystem 32,984; Dobson None All C30-Sound System 15,816 15,816 Dobson None All C31-Scoreboards ' Dobson None All C32-Glass Storage Cart _ Dobson Replacemenl Routine maintenance C33-Boilers ' I Dobson All None C34-Hot Water Storage Tanks. 10,000 10,0001 Dobson AII except rink system Rink system- If any C35-Heat Pumps Dobson Replacement Routine maintenance C36-Domestic Storage Tank ~I Dobson Replacement Routine maintenance C37-Boiler/Domestit Circulation System 20,800 1,237 22,037 ~ Dobson Replacement Routinemaintenance C38-AirCompressor 1,100 1,100 Dobson Replacemem Routine maintenance C39-Chemical Feed System 1,144 Dobson None All C40-Rink Chiller System 7,487 7,487 Dobson All except rink system Rink system- If any C41-Copper Piping 2,200 2,288 2,380 2,475 2,574 2,677 14,593 ~I Dobson Replacemeni Routine maintenance C42-Central Air Handling Units 71,760 71,760 i Dobson Replacement Routine maintenance C43-Overheatl Radiant Heating - DAll None C44-Elechical Swttthgears. - I Dobson None All C45-Forklift 20,248 20,248 Dobson None All C46-Zamboni - Dobson None All C47•Man Lift 21,057 21,057 Dobson None All C48-Washer and Dryer 2,925 2,925 Dobson None All C49-Event Stage 9,880 9,880 Dobson None All , C50-Event Chairs 42,580 42,580 Dobson None All C51-Arena Deck Event Flooring - Dobson None All C52-Stage Drapes and Curtalns 2,500 2,500 -Dobson None All C53-Crowd Control Dividers 1,456 1,456 Dobson None All C54-Elettrit Spider Boxes and Cords 21,642 21,642 Dobson None All C55•Ice Skates 3,800 4,274 . 8,074 PAGE 2 VRDITOV SUMMARY OF CAPITAL MAINTENANCE AND REPLACEMENT COSTS 2007 2008 2009 2010 2011 2012 TotalThru 2012 Athletic Field ~ Town ~ None F1-Restroom/Storage Fadlity - Structure ~ 1,100 1,100 ; lAth:etic Field Town None F2-Caated Exterlor Gypsum 8oard - Athetic Field Town None F3-Wood Trim, Pasts and Beams 2,475 2,475 ! Athletic Field Exterior calking and replacement Interior Calking & Minor Repairs W-Exterior poors ~ . . _ _ . . _ 'I Athle6c Field Town None- Unless goli ball damage FS-Steep Slope Rooflng 9,997 9,997 Athletic Field Crowning to be split Crowning to be splil- VRD to maintain f6-Fleld 6rading and Drainage 3,500 3,500 [Athletic Field All None F7-AsphaR Parking Lot ~ 97,718 12,483 110,2611 Athle6c Field None All F8-Football 6oal Posts - Athletic field None All f9-Soccer Goals - Athletic Field None All P10-Volleyball Courts 13,628 13,628 Athletic Field None All FIS-Chain Link Fencing 2,796 2,796 Athletic Field None All . F12-Waod Split Rall Fence 11,648 11,648 ` Athletic Field None All F13-Bleachers - Athletic Field TBD Per GC Lease TBD Per GC Lease F14-Irri9ation System- VRD Responsi6iliry 16,224 16,224 Athletic Field 76D Per GC Lease TBD Per GC Lease F14-Irrigation System-Town Responsibility 16,224 16,224 ; Athletic Field None All F35•Miscellaneous Improvemer. ~ 14,559 14,559, Nature Center All None _Gl-Wood Sitling and Trim 5,849 ~ 5,649 j Nature Center All None G2-Windows - ~ Nature Center All None G3-Exterior pooa - I Nature Center _ All None _ G4-Steep Slope Roofing Nature Center None All GS-interior 7,242 7,242 Nature Center Entrance and Town Interior and trail signes G6-Miscellaneous Signage 4,500 . 3,786 8,286 Nature Center None All 67-Walking and Driving Paths 5,372 5,372 Na _ ture CeMer- All None GS-Wood Open Rail Fencing 8,517] NatureCenter None ~ All G9-Benches and Tables 3,276 3,276 Nature Center None All GIO-Timber SWinvays - Nature Center None All Gll-Teepee 1,000 1,000 Nature Center None All G32•Shade Strudure 4,218 4,218 - - - - - - - ~ Gymnastics Per Lease Per Lease Nl-8uilding-Strudure Gymnastics Per Lease Per Lease H2-Stucco _ Gymnastics Per Lease Per Lease H3-Cedar Siding 2,052 2,052 Gymnastics. Per Lease Per Lease 1-14•Windows 1,000 1,000 Gymnastics Per Lease Per Lease H5•Exterior poors - Gymnastics Per Lease Per Lease H6-Builtling Canopies f Sunstreens 7,247 7,247 Gymnastics Per Lease Per Lease H7-Low Slope Roofing ~ Gymnastics Per Lease Per Lease HB{oncrete Walkway and Stairs 1,582 1.5821 Gymnastics Per Lease Per Lease 1-19-Concrete Drain Pan 5,600 5,600 ; IGymnastics Per Lease _ Per Lease H1D-Retaining Walls 18,897 18,897,1 Gymnastics Per Lease Per Lease HSl-Interior Floor Coverings - Gymnastics Per Lease Per Lease H12•]nterior Walls and Ceilings 12,592 12,592 Gymnastics Per Lease Per Lease H33•Interior poors - Gymnastics Per Lease Per Lease H34-Gymnasium Lighting 1,125 1,125 iGymnastics Per Lease Per Lease H35-Restrooms ~ Gymnastics Per Lease Per Lease H36-Dance Studio 17,368 17,368 Gymnastics Per Lease Per Lease H17-Cubbies and Lockers 1,000 2,250 3,250 _ i !Gymnastics Per Lease Per Lease H18-Furnace Gymnastics Per Lease Per Lease H19-Radiant Heat SVStem - Gymnastics Per Lease Per Lease H20-Miscellaneous Me[hanical Improvemen 20,000 20,000 Gymnastics Per Lease Per Lease • H21-Elevator _ j Gymnastics Per Lease Per Lease H22-Gymnastlt Equipment ~ 12,000 13,498 25,498 Gymnastics Per Lease Per Lease H23-Rubber Floor Mats • 9,360 ~ 9,360 PAGE 3 . • ' . , ar.vV ~VJO ILJ • • . ( . ~ _ ~ ~ I cp~ • uaEa oF a=rr ' ' • AND 11GREE14ENT . . . . . . ~ - . , TAIS ACREEtfENT made Lhis -_ff74d'ay of 1976, by' and betr+eea tbe TM OF VA2L;• •4 Colorado muni pal . • corporation, asd ' , WHERE7IS, ! has olfered to . • , tsake a qift to the Town o! Vail ot Stock prnaently h&18 by • her in McGraw-Hiii, zna. tor the purpase ot enablirg tbe Totim . *to buil4! a regulation sise ice riakt and . WEEiERn.S, the Town hss ionq lelt the need for such ; a taaility:and has acceptnd by iteaolutioa Ho: 4, Series o! , , 1976, • ths gift oflered by ' • ' . • NON, TREREFOAB, in cos?sideratioa ot the recitals•' • anutual promisss and aqzeementa hszein, contained,, tha psrties ' .a9ree s• followaa • . (1) hereby.agress to . trsnaiar as a qii`t to the Town'of Vail sufgiaient stoclc ia . McGraw-pili, inc. havinq a valuo equal to tha cost ot'purchase • a-nd installation of the foilowinq: " (a) A co:nplete, installed Holmsten Rinkmaster . Direct Liquid Refrfgeration ICE 1tZNK includinq all . refrigeration and mechanical aquipmmnt oscessary for tihe makinq ot ice toz a raguiation sise ico rinki. (b) The boar8a, dasher ahields, and hockey . qoals surroundlnq tha Yiak but aot incluaing • • beachea or other enclosures= . (c) Rnstroosn and chanqing facilities; ' ubiic address and music ayst.emt ' • - . • ' . ' • , (e) First aid statioas• . • . Zamboniar eguivalentF . : . .,t:'.. . . :•s:. : ' • . eparation,eosts'and.expeii'seat...:~;"•..~;.' ' N.`:~. 'r,•. ~•••,.i~ • • . . v '.~rS'.••t~t:~J;~•wi expeetedto:..cost not over.Twenty-five Tbiousaiid~ 5•;,,i.:'. ~..,..f, • : .<..r% A.c;'.;~. , . Dollazs ($25,000.00). • • I, ' •~•ti~M.4 ~Ii'~i~s'• . . . ' • ' , ' • ~ -•1~R,.~ . •r ' . . : . . ' • . . ' • ~ 1,• . • . . . . • r' , • ' ' . ' . . . . , • . ...~e ' • 1 . , , • ~ } JICREEMENT 8aq! 2 • (h). tncfdaatal .travel or iavestigatiOtf ' . , expenses tbaL asy be incurred by Town o!`ficials, ,se:ft, or sdvisors for tha seiection oi a con- • . tractos, desiqn of the riak, or a poslion or all of the facility axpected to cost riot over-Five • . Thousand Dollars (35,000). . , (2) The gift abaii not exceed atock having a'val.ue of - ~Thsee Aundred riLty-Five Thousand Dollara ($355,000). , . (3) Tha above specified gift sNs3.1 be, G+ade in four , instailaents,. aononencinq on Hay 11. 1976, rtith the remainitig three inatallmants to be msds at mutually coavsnient times, expeot to be compinted prior to Deaeiabsr 31, 1976. The tirst instsll- mant of the qitt ahali be 6000 shazea baing tiansfesred oa or ,before May 11, 1976. ' (d) The Town of Vail states tAat it is its intention to place tha iae rink oa that psrcel of proporty within thc Town known as Sibe 14. The Town intenda that if it decides to encioae the ice rink withfn a structuse or building in the ' future, such enclosed facility will be available tor ice . ~ related activities at least 751•0f the time i.t is open. T'ba Town also inten8s to provide aufficient ataff and advisory' services to provide a quality facilfty that will be'an asset to the conununity. The ToWn iurther intands: (s) To provide grading, utility zelecatioa , or reAlacensnt, and other site preparation that may be necessary for the eonstruction of the ice rinN,t • (b) To promptly ta}:e all necessazy steps to select a contractor and other sezvices so that: tha ice rink raay be substantiaily conplete9 by Decembez 31,1376, . • 19/16i66 1059 P.45 " . - • ~ • JIGREQ4E:iT . ~ ~ 1'age 1 (cl ?o keep snd ~ family fuliy fnfonsed aa to pzogress that, is bsinq made loward planning and campietion of ths facility. ' (d) To the extenb teasibla, to keep tbe ideritity ot donor. . ' conPidential. . ' • E7iECUTED on the day snd year fixat ai5ove . • Writtea. ' State o! e sss Ccunty of . • Su6scribed and sworn to by . tltis _dAy p! May, 1976. • . . • NoGary Public . CFiS.i6'!X2 L-C:0 i:Je"*'1fR Noi~r ?ue:K or +:tw iustr My co~r.rission expires: ACCEPTED . TO[•7N OP VAIL, COLORADO, A Coloraao municipal ccrpotation ' H,?:~?tr' ~lio~ f~ . . , . ATTE Tt , • C'G~ ti f f EJGt~~i:.•~ .~L~~C ~ l~,l. • , , . . ~ . own er ~ • . . ' • . . • . APPENDIX 1 TO TOWN OF VAIL AND VAIL PARK AND RECREATION DIST'RICT LEASE . CAPITAL FACILITIES COMPLIANCE "CHEAT SHIEET" 1. Annual Transfer of Funds to Recreation Projects Line Items Made on in the amount of $ 2. Capital Facilities Assessment Required to Be Furnished ori June 1 of each year. 3. Forward Annual Maintenance Log to the Other Party by A.pril 1 of each year. 4. Annually Provide the Other Party with a Detailed Description of its Contributions to and Expenditures from its Recreation Projects Line Items. {ee069901:000MQnoc i} . i RESOLUTION NO. 4 Series of 2008 A RESOLUTION APPROVINGTHE AMENDED 2008 BUDGET FOR THIE VAIL LOCAL MARKF.TING DISTRICT, AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a hauee rule municipal corporation duly organized and existing under the iaws of the State of Colorado and the Town Charter (the "Charter"); and WHEREA5, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and • WHEREAS, contingencies have arisen during the fiscal year 2008 which could not have been reasonably foreseen or anticipated by the Vail Local Marketing Distrnct Board at the time it enacted Resolution No. 24, Series 2007, adopting the 2008 Budget ffor the Vail Local Marketing District (the "VLMD") of Vail, Colorado; and WHEREAS, in accordance with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREA5, notice of this public hearing to consider the adoption of the amended VI,MD budget was published in the VAIL DAILY on the 26th day of February, 2008. NOW THEREFORE, LET IT BE RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: , Section 1. The Council approves the amended budget of the VLMD for the 2008 budget, attached hereto as Exhibit A. Section 2. The Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town and the imhabitants thereof. Section 3. This Resolution shall be effective immediately npon adoption. INTRODUCED, RIEAD, APPROVED AND ADOPTED This 4`h day of March, 2008. Attested: Signed: Lorelei Donaldson, Town Clerk Dick Cleveland, Town Mayor Resolution No. 4, 5eries 2008 Vail Local Marketing District ~ 2008 Budget 2007 2008 Proposed Unaudited Budget Suppiemental Amended so 0 Income 310 • Lodging Tax 2,063,915 2,075,000 2,075,000 313 • Other Income 3,837 , - 399 • Interest Income 11,053 6,500 6,500 Totallncome 2,078,805 2,081,500 - 2,081,500 Expense 6301 • Destination 6301.01 • Advertising 158,790 235,000 50,000 285,000 Total 8301 • Destination 158,790 235,000 50,000 285,000 6302 • Front Range 6302.06 • Advertising 305,556 304,500 25,000 329,500 6302.07 • Partnerships 201,691 180,000 180,000 Total 6302 • Front Range 507,247 484,500 25,000 509,500 6303 • Groups and Meetings 6303.01 • Advertising 65,000 85,940 85,940 8303.03 • Marketing Servlces 43,000 54,500 54,500 6303.04 • Travel/Tradeshows 123,000 101,500 101,500 6303.05 • Memberships 2,000 5,000 5,000 6303.11 • Famlliarization Trips 26,500 25,000 17,500 42,500 6303.15 • Public Relations 10,000 15,000 15,000 6303.16 • Web Marketing - 6303.17 • Direct Sales 12,000 12,000 12,000 Tota16303 • Groups and Meetings 281,433 298,940 17,500 316,440 6304 • Public Relations Expenses 103,788 116,000 54,000 170,000 6305 • Fulflliment 636 4,000 4,000 6306 • Photography 57,014 55,000 55,000 , 6307 • Research 27,918 19,500 19,500 6310 • Admin Miscellaneous 5,097 10,000 10,000 6311 • Database Mgmt & Direct Mait 1,370 6,000 6,000 6314 • Collateral ' 23,688 9,000 9,000 6315 • Web 8 Email Marketing 57,213 75,000 75,000 6316 • Events 53,000 53,000 100,000 153,000 6317 • Cross Seil 3,393 - - 6318 • Asset Marketing 148,000 148,000 6400 • Contingency 7,092 37,500 37,500 7000 • Professional Fees - 7001 • Legal and Accounting 21,097 18,000 18,000 7003 • Advertising Agent Fees 57,614 62,000 62,000 7004 • Media Agency Fees 20,000 20,000 20,000 7007 • Marketing Coordlnation•WPITOV 115,000 125,000 125,000 7008 • PR - Professional Fees 90,000 100,000 3,500 103,500 7009 • Web Site 80,261 95,000 95,000 7010 • Strategic Advisory Fess 43,712 97,000 97;000 7011 • Partnership 97,500 120,678 120,678 7012 • Alr Service 20,000 20,000 20.000 7013 • Concferge Program 28,000 23,000 23,000 7014 • TOV Loan Repayment 37,000 - - Tota17000 • Professional Fees 610,184 680,678 3,500 684,178 Total Ezpense 1,897,863 2,232,118 250,000 2,482,118 Net Income 180,942 (150,618) (400,618) Beginning Fund Balance 825,792 746,793 1,006,734 Ending Fund Balance• 1,006,734 596,175 606,116 "Includes TOV Capltal Contribution - - - Percent of Fund Balance to Revenue 48% 29% 29% Exhibit A RESOLUTION No. 5 Series of 2008 A RESOLUTION APPROVING TI3E EXECUTIOIV OF THE FIISST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE TOWN OF VAIL, COLORADO AND THE SOLARIS METROPOLITAN DISTRICT NOS.1, 2 AND 3; AND SETTING FORHT DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, Colorado (the "Town") and the Solaris Metropolitan District Nos. 1, 2, and 3(the "Districts") entered into an Intergovernmental Agreement (the "IGA") on March 22, 2007, pursuant to the provisions of the Districts' Service Plan, as approved by the Town on September 19, 2006; and WHEREAS, the IGA was executed while the Districts were operating under a debt cap of twenty million dollars ($20,000,000), as set forth in the initial Service Plan; and WHEREAS, the Districts' Amended Service Plan was subsequently submitted and approved by the Town in April, 2007, which raised the debt cap to forty million dollazs ($40,000,000); and WHEREAS, the IGA was not revised at the time the Amended Service Plan was approved and needed to be brought current with the contents of the Amended Service Plan to reflect the appropriate debt caps; and WHEREAS, in order to accurately characterize fhe Town's intent with respect to the debt caps applicable to the Districts, the Town and Districts desire to enter into the First Amendment to the IGA, pursuant to paragraph 16 of the IGA; and WHEREAS, the actions under this Resolution comply with all applicable laws and regulations of the State of Colorado and the Town. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. That the Town Council of the Town of Vail, Colorado, hereby approves and adopts the First Amendment to Intergovernmental Agreement between the Town of Vail, Colorado and Solaris Metropolitan District No. 1, Solaris Metropolitan District No. 2, and Solaris Metropolitan District No. 3, as attached hereto, which brings current the terms of the IGA and the Districts' Amended Service Plan with regard to Town-approved District debt caps, currently at forty million dollars ($40,000,000), with all other terms and conditions of the IGA as originally executed left in full force and effect: 2. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Resolution No. 5, Series 2008 . 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED this 4TH day of March, 2008. Dick Cleveland, Mayor, Town of Vail ATTEST: . Lorelei Donaldson, Town Clerk, Town of Vail Resolution No. 5, Series 2008 2 MEMORAIVDUM February 26, 2008 To: Vail Town Council Stan Zemler Suzanne Silverthorn Judy Camp From: Sally Lorton Re: January Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $64,000.00 in January sales tax to bring January collections to $2,954,544.00. If so, we will be up 6.15% or $171,238.00 from January 2007 and up 3.41% or $97,465.00 from budget. The ski season so far, November - January, will be up 2.7% or $170,049.00. January 20081ift tax is $770,648.00, up 12.83% or $87,618.00 from January 2007. For the ski season, November - January, lift tax is up .64% or $8,696.00 Town of Vail Sales Tax Worksheet " 2/26/2008 % cns.g. % ce..W* zooa eueysr trom iwn Month 1997 7998 7999 2000 2001 2002 3003 2006 2005 3006 3007 Budget CONeCtlOn1 Vsi/sxa 2007 Bddgs[ 3: . ~ `a~. '`~~s~.,; vs; ~ # ~ e. }~,~~,;.i:,»,° ' ~ 'wk.s„ ~~-:.~u..~ . s~`_s~ » January 2,052,569 2,715,359 2,066,459 2,034,529 2,210,547 2,073,481 1.997,091 2,225,841 2,275,967 2,597.985 2,783,306 2,857,079 2,890,544 33,465 3.65% 1.17% w M ~x~~.~ Fabruary 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,ttt,t63 2,362,825 2,429,377 2,527,130 2,778,643 2,790,702 March 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 2,986,446 3,765,609 April 874,427 . 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 1,280,324 7,330,740 1,266,005 Mey 329,783 382,718 370,864 388,121 448,234 414,246 428,919 411,595 458,770 449,283 545,874 560,317 June 630,366 633,400 692,871 721,774 751,439 657,707 742,755 732,113 834,913 805,362 953,017 978,261 July 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 7,044,966 1,075,532 1,128,514 7,166,183 1,255,243 1,265,781 1.299,t43 August 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 t,055,614 1,162,746 1,193,373 September 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 832,549 908,378 332,237 October 472,836 515,531 536,204 547.201 486,570 484,425 508,092 532,537 566,173 614,396 668,515 704,751 November 707,166 656,596 582,260 691.445 571,783 642,293 591,269 623,646 713,117 ' 799,582 747,873 790,261 December 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 2,821,778 2,862.263 v Total 14,747,419 75,030,386 14.509.421 15,232:588 115, 411,044 15,106,801, ?4,g?3,9813 5,4G^o,SiS 16,463,979 i7,841,680 78,913,037 19.400,000 Arrianni = Woojs Building Department Town of Vail - 75S Frontage Road Vail, Co 81657 Sub'ect: Thank ou! Dear Town of Vail Building Department: Last year we built our new home at 1722 Geneva drive and we would like to take the opportunity to thank all of you for making the building of our home such a pleasant experience. It has been a great pleasure to deal with each department at the town, from the initial design to the very last inspection. Everybody at the town was always friendly, available and willing to answer our questions or to deal with common building issues. Thank you again and we are looking forward to working with the Town of Vail in the near future again. Sincerely, Amgoni amily Mailing: P.O. Box 3125, Vail, CO 81 658 Shipping & Showroom: 23698 N. Hwy 24 C2-4, Minturn, CO 81 645 www.arrigoniwood.com • e-mail: info@arrigoniwood.com 1-888-4ADMONT • Phone: (970) 479-1 800 • Fax: (970) 479-1 81 8 DECEMB ER 2007 VAIL B USINESS ][~EVIEW TO~N OF WE) February 22, 2008 The December Vail Business Review breaks down the four percent sales tax collected for December and the year. Overall December sales tax increased 1.8% with Retail increasing 5.3Q/o, Lodging increased 1.4%, Food and Beverage increased 1.1°/o and Utilities/Other (which is mainly utilities but also includes taxable services aiad rentals) decreased 11.0%. The year resulted in a 6.0% increase overall with Retail increasing 4.4aIo, Lodging increased 8.4°Io, Food and Beverage increased 6.2% and Utilities increased 4.2%. Town of Vail sales tax forms, the Vai1 BusinessReview and the sales tax worksheet are available on the intemet at www.vail og v.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Judy Camp at (970) 479-2119. Sincerely, Sally Lorton Sales Tax Administrator 4 December 2007 SALES TAX VAIL VILLAGE December December Deceimber 2006 2007 °ro Coliections Collections Chan e Retail 57fi;623 559,918 -2.9°lti Lodging 4079337 371;337 - -8.8°fo Food & Beverage . 369,86(? 375,501 1.5°/ti Other 11667 16;155 38.5% Tota9 1,365,487 . 1,322,911 '.•3.1% LIOIVShlEAD December December December 2006 2007 °6 Co6lectioros Collections Chan e Retai l ` 147,071 1739135 ;17.7% Lodging ~ 289,29~3 306,$80 6.1 °/Q Food Beverage 751735 : 90,397 $ 9:4%0 . Other 10,763 79856 , . ~;27:0% Total 5229$67 5781268.. 10.6°lo 0 December 2007 SALES TAX CASCADE VILLAGE/EAST VAIUSANDST0111E/WEST VAIL December December December 2006 2007 % Collections Collections Chan e Retail ~318,957 Lodging 19697,~-`` 206,453 5.0%~ Food & E Beverage 779440~, 1.8.8%0 A4 Other le5;305~~ 7,;~A, 10.8% w . . , .s~~ Total 564,213 - `5939671 ' 5.2% 10~ OdJT OF TOWN December December December 2006 2007 % Collections Collections Chan e Retail 75,874 gg,763 18.3% tt, s~ ~.r~ ~ f•, LodgiO ng . 29,596', . , 50;65`0 71.1' /o ~ Food & ~r . , Beverage A 2,845=,:' ~1 r 2,931 3.0% 4 Utilities & 211,082 , 183,30Q 13.2% Other mi326 644 Total 2.3% n. K } f e . :..:..:~.:...a. . . , af..::.<.wr 4. .n, ..,:...~..a .~a~r..~::.~ .~¢~..a , t:h~„ Es.:,::. e December 2007 SALES TAX roTAL December December Decernber 2006 2007 % Collections Collections Crian e t 4. 111 ~3 ES , ; E 5 Retail ~~~§1;0$4~;439 191=41~;7~?3=~~ AII Lodging 922',828 ~ 35,320` M~~ 1.:4 /o . ~ E Food & Beverage 531,742~ 1:1~% Utilities & ~21~2659` Other o . Total ` ~~~2,771;964~ 21,494~ v" 1 8% , z;fE ~ IZETAIL SUMMARY December December December 2006 2007 % Collections Collections Change FOOD 202,894 221,680 9.3% LIQUOR 49,307 56,261 14.1% APPAREL 119,052 125,497 5.4% SPORT 492,582 531,146 7.8% JEWELRY 53,266 48,905 -8.2% GIFT 21,313 14,186 -33.4% GALLERY 8,823 6,602 -25.2% OTHER 136,494 137,116 .5% HOME 708 380 -46.3% OCCUPATION TOTAL 1,084,439 1,141,773 5.3% E December 2007 YTD Saies Tax ~ VA/L VILLACaE December YTD December YTD Decernber YTD 2006 2007 '°/O Coilections Coliections Chan e . . ~ye. Retail 2,922,757 29 9171,916 ~ ~ . . ~ . =0.2% Lodging ` 29459;399 245771:3 -0.1 %a. . , Food & . ~ . ~ . . r . Beverage 2;540,339~.~=. 2735,447 7.7%o'J Other 1~'16,564 s~. 117,640 + 0.9..% . . . ,'ai'E~` . ~ - .~r` ~ ' , . Total 8;039,059 :..8,228;716- 2.4%: LIONSHEAD December YTD Decernber YTD Decerriber YTD 2006 2007 % Collections Collections Chan e . . . ~ Retail . ~ .8429726:,- ,871,060 3.4°la . Lodging 1;647;849 , 1,1781'9537 8.1 % . , . ' , ' . „ . . . . . FOOd 8c . . , . " . ' . , . , A . . . . . Beverage 675,09.9; ` 633;792 P 10.2%. . . : Other . { 62',549. 859880' 37.3% w;~ . . . ~ - . . . , . ~ . Total 3;372;269,. 7.8%. , „ _ ~ ' ' , • December 2007 YTD Sales Yax CASCADE V/LLAGE/EAST VAIUSANDSTONENVEST VAIL December YTD December YTD December YTD 2006 2007 % Collections Collections Chan e Retai I 1,$27,,499=~~ , 118905317r 3.4% 3 Lodging , 1,2380877, 1,372,425. 10.8% Food & Beverage IW770;640 ;j =7575816; 4:7% . rA Other 593502 70,007 17.7% ~ 3 v xTotal 39896,518- 49090,565 ~ 5.0% OUT OF TOWN December YTD December YTD December YTD 2006 2007 % . Collections Collections Chan e , Retail 544;732 730;916 34.2% , . , Lodging 74,236 : 261:559 M 252.3% - Food & Beverage 15;333-~ , .16,797 .-.~,..9.5% . , . ~ , F". r . . . . . . ' . F'.»: ` g. , , Utilitie.5 r,r. • 2,1,47,300 2;2129 698' 0°Io:' . ^ t h t vLy !v. . n . Other . . . . . . b x Total - 2,781,601 - 3,221°,970'" 15:8% <<: , F . , > . ' x- December 2007 YTD Sales Tax TOTAL December YTD December Y"fD December YTD 2006 2007 % Collections Collections Chan e J: Retail 6,137,714 , ~6,41 Lodging 5,873,234` b ~F Food & e ~ M. *(p~:~'s ~ ~,~Ir k?"Nd~w Beverage ~ 3,901,411¢ ~ ~~$~4,$1~43,852 612°a~ . f; Utilities & ~ ~ 2;3850915 2;486,225 4 2%' ~ Other . . ; ~M~R k . ~ Total 17,845,40~1~~ 1°8,913,520~ 6:0%~ u ~ > x ¢ RETAIL SUMMARY December YTD December YTD December YTD 2006 2007 °10 Collections Collections Change FOOD 1,356,827 1,386,557 2.2% LIQUOR 312,413 331,981 6.3% APPAREL 762,708 816,000 7.0% SPORT 2,273,221 2,276,563 .1% JEWELRY 254,005 256,324 .9% GIFT 131,583 122,813 -6.7% GALLERY 68,490 80,738 17.9% OTHER 970,152 1,131,765 16.7% HOME 8,315 7,468 -10.2% OCCUPATION TOTAL 6,137,714 6,410,209 4.4% MEMORANDUM TO: Vail Town Council FROM: Stan Zemler Suzanne Silverthorn SUBJECT: Vail Town Meeting Format DATE: March 4, 2008 The Annual Vail Town Meeting has been scheduled for Tuesday, March 11 at the Donovan Pavilion. Council is asked to review the proposed format and provide direction as needed: • 5:00 p.m. Meeting begins with Open House format. Displays would feature the three Town Council priorities (Housing, Transportation/Parking, Environment) plus other topics of interest, including Forest Heaith, I-70, Redevelopment, etc. Opportunities to capture public comments would be included. Displays would be staffed by town representatives. Council Members would have opportunities to circulate throughout the room. A state of the town publication would be distributed to those in attendance for additional reference. • 6:00 p.m. Welcome/comments from the Mayor and introduction of Council Members, Stan Zemler/others. • 6:10 p.m. Introduction/comments from John Garnsey and Chris Jarnot from Vail Resorts Inc. • 6:20 p.m. Citizen Q& A with Council and staff. (Could be formal or informal). • 6:40 p.m. Open House displays continue to be staffed until close of ineeting. • 7:00 p.m. Meeting concludes. Please note: a liquor license has been processed for beer/wine service upon direction of the Town Council. Light appetizers also will be available. w MEMORANDUM TO: Vail Town Councii FROM: Stan Zemler Dwight Henninger Greg Hali SUBJECT: Vail Pass Ciosure Response DATE: March 4, 2008 Since our last update on Feb. 19 regarding the town's response to Vail Pass closures, we have met internally and have developed a list of actions already in progress as well as new initiatives. Effective Immediatelv • The Frontage Road check point will be moved from East Vail mile marker 180 to Ford Park. This may cause backups in the area around Blue Cow Chute. The on- duty police sergeant will be responsible for traffic management. We are working with CDOT on an identification placard that can be issued in advance to East Vail residents to help create efficiencies for local traffic. • The TOV Emergency Operations Center witl be activated when appropriate to help manage issues that arise during the incident. The EOC is staffed by all TOV departments. Directors have been asked to identify specific individuals to staff the EOC during pass closures (see attached). One of the actions the EOC wi11 take is to divert eastbound commercial trucks at Dotsero earlier in an extended pass closure incident. This requires GDOT approvals at the time. • Chief Dwight Henninger is working with the Colorado State Patrol to review and improve the management of the eastbound chain-up area in Vail. CDOT is working to bring new signs that have been installed east of the chain-up station on line. Henninger represented the town at a traffic coordination meeting with CDOT on Feb. 21; CDOT appears to understand the impacts that are occurring in Vail. • CDOT has committed to install up to two additional portable variable message signs this season to hefp warn motorists of risks ahead due to the chain-up station operations. • At our request, CDOT has initiated a work group for development of a comprehensive highway Incident Management Plan for Eagle County. • The Vail Police Department is working to improve messages on both TOV and CDOT signs to improve the content of the messaging to better inform motorists of the situation in Vail and how to deal with it prior to arriving in Vail or once in town. • The town's Community Information Office has launched an awareness campaign to promote the Eagle County Alert System as well as other weather and road closure notification outlets. Specifically, additional road information can now be found at KZYR 97.7 in vehicles equipped with RDS or text data on their FM radio receivers and in the Vail Village Parking Structure upon exit on the scrolling KZYR display sign. • A letter has been drafted to CDOT's Executive Director outlining a list of immediate and long-term requests to improve communications and coordination. The letter is serving as a catalyst; for additional follow up by CDOT. 1 _ Additional Actions • A tabietop exercise will be scheduled this spring in which our emer•gency response teams will simulate a road closure and reopening to expand roles and responsibilities throughout the organization and with other partnering agencies. • Cost estimates are being obtained for an improved/upgraded AM530 Highway Advisory Radio and the best vendor solutions will be identified. We will continue to keep you advised of our progress in addressing the issues we've identified to improve our community response during such road closures. , 2 ~ l 'I'own of Vail I-70 Vail Pass Road Closure Plan Winter 2007-2008 During closuxes of I-70, Town of Vail employees will collaborate to meet the following goals: 1. To provide a safe and hospitable environment for stranded motorists. 2. To facilitate the safe and orderly movement of traffic through and around Vail. 3. To facilitate timely and accurate information to the public. Responsibilities: Vail Communications Center A. Confirm with CDOT the Interstate signs have been changed B. Notify Town of Vail personnel of closure: a. Police Department b. Fire Department and Ambulance Services c. Parking Structure booth personnel d. Public Works e. Bus Supervisors f. Town of Vail Information Centers C. Fax broadcast system to be activated D. Road closure phone updates and phone procedures E. Channel 10 and AM 530 F. Emergency Shelter activation Fire Department • Unless otherwise engaged in a call for service, Station #2 personnel will close the access at exit 180. And will stay to answer motorist questions for at least the initial 15 minutes. • Circumstance allowing, State Patrol will close the gate on the Interstate at mm18Q. Police Department Officers and Code Enforcement Officers Closure Order #l is mandatory. Utilize others depending on variables (TOV and CSP staffing, time of day, calls for service, traffic flow, accidents, weather, etc.) a , , 1. Use a CEO truck with at least 34 cones: lst. Close I-70 @ mm176 eastbound on-ramps (2 ramps x 5 cones per ramp) 2°d Drive I-70 westbound from mm176, turn-around at first emergenc_y ramp, and begin drop cones to close the left lane of traffic (approximately 14 cones) to t:he eastbound exit @ mm 176. 3rd. Park in left lane, at the end of the cones. Leave engine running and lights activated. 4th. Create an exit lane with cones @ eastbound mm176 post. (see diagram) Allow Semi-trucks to continue eastbound on I-70. Semi-trucks ;should fill the chain-up area first, and then overflow onto the slow lane. The fast lane must remain open for emergency vehicles and plows to pass. All sem.i-trucks must be actively engaged in chaining-up their vehicles. Advise truck operators without chains, who wish to sleep, or who need fuel, to turn around at rr?m176. 2. If not already closed by Fire or CSP, close gate on I-70 @ exit 180. Close eastbound on- ramp @ mm180. (need wrench) 3. Use 10 traffic cones to close the eastbound on-ramps at mm 173. Drive I-70 eastbound to the closure exit 176. Enforce no parking on the Interstate; keep truckerG moving toward chain-up area. Use the CB to notify truckers. 4. Ford Park turn-around, use approximately 12 cones. (see diagram) Allow only residents of East Vail to continue eastbound on the South Frontage Raad. 5. South Frontage Road at entrance to TRC. (works best with 2 officers- disperse brochures & direct traffic) Parking Structure Booth Personnel • Advise drivers of closure and direct inquiries to Information Center. • Staying parked in the structure is recommended during a pass closure. Publac Works and Bus Supervisors . • Set portable "Pass Closed" pedestrian signs at parking structure portals • Store signs after pass re-opens Bus Drivers • Advise riders of closures and re-openings • Make information brochures available to riders f Other Considerations: ~ Alert Town of Vail Public Information Office (day shift only) ~ Change Interstate exit messages (Checkpoint Charlie) ','Utilize Detectives and Command Staff ~ Change Variable Message Signs on South Frontage Road ~ Ask the Information Center to stay open late ~ Mobile assignment to resupply brochures, maps, flashlights, water & snacks ~ Enlist the Com Dev and Fire Code Enforcement ~ Shelter mobilization when appropriate: if the pass closure is anticipated to last longer than four hours, or the closure is later than l Opm. Notify the Salvation Army/ Vail Valley Cares to set-up the Chapel site. Set-up can take 1-2 hours. 0 Late night/early morning closures: be available for calls for service. Make a back-up plan to cover yourself if you are called into service. Call Fire and/or Public Works. Let CSP know your staffing level. Consider calling the morning shift in early. . ~ February 2008 Vail Emergency Operations Center Assignments/Roles Assignment/Role Primarv Backun Management: Emergency Manager Stan Zemler Pam Brandmeyer Town Attorney Matt Mire Tammy Nagel . PIO Suzanne Silverthorn Kris Friel Operations Section: Fire Department Branch Director Mark Miller McGee/Vaughan Public Works Branch Director Greg Hall Charlie Turnbull Police Department Branch Director Dwight Henninger Wright/Douglas Building Inspection Unit Leader Greg Denckla Charlie: Davis Transportation Unit Leader Mike Rose Bus Supervisor Planning/Intelligence Section: Planning Chief Susan Douglas Rachel Friede Situations Status Unit Leader Kris Cureau Caroline Puntenney Resource Status Unit Leader Julie Anderson Becky Comroe GIS Unit Leader Sean Koenig Eagle C'o GIS Documentation Unit Leader Police Records Tech Lorelei Donaldson Safety/Environmental Unit Leader Bill Carlson Cooter Overcash Logistics Section: Logistics Chief Todd Scholl John Gallegos Information Services Unit Leader Ron Braden Steve B1air Personnel Unit Leader Police/Fire Supervisor Communications Sup. Communications Unit Leader Joe Ribeiro Communications Sup. Staging Officer Leonard Sandoval Tom Kassmel Care and Shelter Unit Leader Greg Osteen/Dan Srnith-Vail Valley C'ares Red Cross Finance/Administration Section: Finance/Admin Chief Judy Camp John Power Finance/Time Unit Leader Kathleen Halloran Jacque Lovato Volunteer Unit Leader John Power Krista Miller Compensation/Claims Unit Leader Krista Miller Tammy 1Jage1 • March 4, 2008 ; 1f11YNOFPdiL ' The Honorable Senator Ken Salazar 702 Hart Senate Office Building Washington, D.C. 20510 Dear Senator, On behalf of the citizens of Vail and the Vail Town Council, I am writing to express our support for the federal funding, request submitted by Eagle County on behalf of the town of Red Cliff to replace its failing wastewater treatment plant. For years, the tiny Red Cliff community has struggled with an inadequate drinking water supply and waste water treatment system with little means to address the problem on its own. With just under 150 homes and a flat rate water bill of $123 per month, the residents are never going to be able to pay for a new wastewater plant independently. Large loans are not the answer either. Unfortunately, the townspeople don't have the resources to consistently make their existing pa ents-much less take on several million dollars in additional debt to build an ade uate 5 . . .`e . w . The lution is propriate ~ : . --~-,s to p bridge hort ~ to assure protec alth, saf ~ and welfare of theunity an atural envi e Ee is a refres g s of de ination on t equately address th issues at th ~ cal level. ~'le ~s Cliff do ot h the need ° d has recently sou d re and inistrativ ' from oth ~ al ernmental entihes. 's is evidenced by new contractual operating agreements between the Eagle River Water & Sanitation District, Eagle County government and the town of Red Cliff. With professional fiscal and project management provided by Eagle County and licensed operators from the Sanitation District, the project has every chance to succeed. While we are most concerned about providing a safe drinking water supply to the citizens of Red Cliff, we are also concerned about over 200 water quality violations in the past ten years issued by the Colorado Deparhnent of Public Health and Environment citing Red Cliff's water system as non compliant. The Town of Vail is interested in preventing further degradation of the Eagle River which serves Vail and other communities downstream by providing a drinking water source and an abundance of recreational amenities that support our local and state economy. Therefore, we respectfully ask that you offer your full support of this $1 million funding request. Sincerely, TOWN OF VAIL Dick Cleveland Mayor of Vail Page 1 of 1 Suzanne Silverthorn - Can you forward this to the PIO group? From: "Justin Finestone" To: "Suzanne Silverthorn" Date: 2/21/2008 1:36 PM Subject: Can you forward this to the PIO group? Attachments: Eagle County is asking Senator Salazar for federal appropriations for two important projects: the I-70 interchange at the airport, and much-needed upgrades to the Redcliff wastewater treatment plant. The commissioners are asking if the towns can write letters of support for these projects to the Senator. Background on both is attached to this email. Please let me know if your councils are willing to do this, and if so, please forward the letters back to me to be included in the packet. I think we're trying to get everything by the end of next week. • Justin Finestone Communications Director Eagle County Government P.O. Box 850 Eagle, CO 81631-0850 970.328.8613 tel 970.290.2006 cell 970.328.8629 fax EAGLE cMr.r~x. www.eaglecounty.us file://CADocuments and Settings\Administrator\Local Settings\Temp\XPgrpwise\4713D7E... 2/28/2008 A.PPROPRIATIONS INFORMATION FORM OFFICE OF U.S. SENATOR KEN SALAZAR Fiscal Year 2009 (Oct. 1, 2008 - Sept. 30, 2009) , . . ~ , ' . • DEADLINE F(DR FORM. SUBMISS1ON IS March Email:to: a` s re uests salazar:'senate, uv s, PPr.o .P. 9 . PROJECT INFORMATION: FISCAL YEAR OF REQUEST: 2009 PROJECT NAME: Red Cliff, CO wastewater treatment plant upgrades NAME OF ORGANIZATION REQUESTING FLTNDING: Eagle County Government STREET ADDRESS OF ORGANIZATION REQUESTING FUNDING: 50 Broadway; P.O. Box 850 CITY: Eagle STATE: CO ZIP: -816310850 COUNTY: Eagle NAME FOR LEAD PERSON IN REQUESTING ORGANIZATION: Bruce Baumgartner, County Manager CONTACT PHONE FOR LEAD PERSON: 970-328-8607 PHONE TYPE: Office CONTACT E-MAIL FOR LEAD PERSON: bruce.baumgartner@eaglecounty.us NAME FOR PUBLIC RELATIONS PERSON IN REQUESTING ORGANIZATION: CONTACT PHONE NUMBER FOR PUBLIC RELATIONS PERSON: LIST ANl' FEDERAL LOBBI'IST REGISTERED IN CONNECTION WITH THIS PROJECT (If applicable): Louis Dupart The Normandy Group, LLC 888 161h St., Nw Suite 530 Washington, DC 20006 direct: 202-223-8952 cell: 703-244-7363 email : Idupart@thenonnandygrp.com PROJECT DESCRIPTION: The town of Redcliff has requested that Eagle County act as its executive agent for the Page 1 administration and management of the upgrade of the sewer and water facility. Redcliff is located on the Eagle river, which serves as the source of drinking water for the towns of Vail, Beaver Creek, and Eagle. Currently, Redcliff is regularily exceeding the capacity of the current facility and has been repeatedly been cited by the State of Colorado for discharges into the Eagle River. Given expected growth in Redcliff, the need to protect the downstream water for major, growing cities in Eagle County as well as recreational activities on the river such as fishing and water rafting and kayaking, it is vital to upgrade the existing plant. This Project was funded in the FY2007 Interior Appropriations Bill, Special Technical A.ssistance Grant (STAG) Program at $400,0000 but final action was not compeleted and it was not included in the FY2007 CR. Budget for the Project is a follows: ' Plant cost $2.6 million Source of funds: Redcliff $1.0 million Eagle County .1 million State of Colorado .5 million Total money currently $1.6 million Federal request $1.0 million Total $2.6 million SPECIFIC USE FOR REQUESTED FUNDS: To upgrade existing waste water treatment plant STATUS OF PROJECT DESCRIBED IN THIS APPLICATION: This project is a high priority for Redcliff, Eagle County and tlie State of Colorado. Preliminary engineering work has been completed. With full funding, the project can be started in FY 2009 and end excess waste water discharges into the Eagle River. WHAT IS THE ESSENTIAL FEDERAL GOVERNMENT PURPOSE OF THIS PROJECT AND HOW WILL IT STRENGTHEN COLORADO? This project will eliminate waste water discharges into the Eagle River, which is the primary source of drinking water for the Towns of Vail, Beaver Creek, Edwards, and iEagle and other smaller communities and is used recreationally for fishing and water sports. Further degradation of Eagle River water quality poses risks to human health, increases cost of water treatment for towns downstream from Redcliff, and can threaten the viability of the strong revenues that Colorado receives from Eagle County. FUNDING INFORMATION: FUNDING AMOiJNT REQUESTED FROM SENATOR SALAZAR: $1000000 AMOUNTS REQUESTED FROM OTHER COLORADO DELEGATION OFFICES: Page 2 Senator Allard: 1000000 Congresswoman DeGette: $p Congressman Udall: $1000000 Congressman Salazar: $p Congresswoman Musgrave: $p Congressman Lamborn: $p Congressman Tancredo: $p Congressman Perlmutter: $p ESTIMATED TOTAL COST OF PROGRAM: $2.6 million NON-FEDERAL MATCHING FUNDS $1.6 million SOURCE OF NON-FEDERAL MATCHING FUNDS (If applicable): Town of Redcliff $ 1.0 million Eagle County 0.1 million State of Colorado 0.5 million PRESIDENT'S FY09 BUDGET REQUEST (If applicable): $0 APPROPRIATIONS BILL Interior-Environment FEDERAL FUNDING ENTITY (Please provide Department, Agency, Program, Account, and Department/Agency point person contact information if requestor has been working with Department/Agency): STAG infrastructure Grants/Congressional Priorities OTHER RELEVANT INFORMATION (Please provide information such as relevant authorizing legislation, STIP number for transportation projects, etc): FEDERAL FLJNDING HISTORY (Please indicate type of funding and/or authorization amount by fiscal year): o Previous Appropriations o Federal Grants o Authorized Funding Levels FY08: FY06: $ . FY07: $400.000 FY05: $ Page 3 REPORT LANGUAGE DESIRED (If applicable): Special Guidelines for Certain Requests If you have any questions, please do not hesitate to contact Brendan McGuire or Emily Paladino in Senator Salazar's office at 202-224-5852. If this a Milatary Construction or Denartment ofDefense request please use a specific "De ense Appropriations Information Form " available bv contacting Militarv Leaislative Assistant Matt Lee-Ashley or Appropriations Legislative Assistant Brendan McGuire at 202-224-5852. Interior Appropriations Requests If you are requesting an EPA STAG grant, please request an additional form that the Interior Subcommittee requires. Transportation For transportation projects, please provide the project's STIP Page 4 . APPROPRIA7CIONS INFORMATION FORM OFFICE OF U.S. SENATOR KEN SALAZAR Fiscal Year 2009 (Oct. 1, 2008 - Sept. 30, 2009) iNE F:(~~~FORM'SUBMI~?SI41~~IS~~~arch Email to* approps r~quests~salaaa~.s~enate:~v~~` PROJECT INFORMATION: FISCAL YEAR OF REQUEST: 200I PROJECT NAME: Eagle County Airport I-70 Interchange NAME OF ORGANIZATION REQUESTING FUNDING: Eagle County Government STREET ADDRESS OF ORGANIZATION REQUESTING FUNDING: 50 Broadway CITY: Eagle STATE: CO Zir: -816310850 COUNTY: Eagle NAME FOR LEAD PERSON IN REQUESTING ORGANIZATION: Bruce Baumgartner, County Manager CONTACT PHONE FOR LEAD PERSON: 970-328-8607 PHONE TYPE: Office CONTACT E-MAIL FOR LEAD PERSON: bruce.baumgartner@eaglecounty.us . NAME FOR PUBLIC RELATIONS PERSON IN REQUESTING ORGANIZATION: CONTACT PHONE NUMBER FOR PUBLIC RELATIONS PERSON: LIST ANY FEDERAL LOBBYIST REGISTERED IN CONNECTION WITH THIS PROJEC'II' (If applicable): Louis Dupart The Normandy Group, LLC 888 16`h St., Nw Suite 530 Washington, DC 20006 direct: 202-223-8952 cell: 703-244-7363 email : Idupart@thenormandygrp.com PROJECT DESCRIPTION: Build a new I-70 interchange providing direct access to Eagle Airport to I-70. The I-70 Page 1 interchange at Eagle Airport is vital to the continued economic growth of the Eagle Valley reducing and mitigating traffic on Route 6, and enhancing access to the airport. ADD OTHER RATIONALS The interchange is a priority for the State of Colorado, which has partially funded design work. The interchange is also designated as a National Highivay System Intermodal Connector Road, is on the 2030 Regional Transportation Plan, and is identified as an "early action" in the 170 West EIS. SPECIFIC USE FOR REQUESTED FUNDS: Complete design for the I-70 Interchange. STATUS OF PROJECT DESCRIBED IN THIS APPLICATION: The Colorado Presently Colorado Department of Transportation has completed the Environmental Assessment, Finding of No Significant Impact, preliminary en.gineering (30%), and is finishing acquisition of right of way. - WHAT IS THE ESSENTIAL FEDERAL GOVERNMENT PURPOSE OF THIS PROJE(.T AND HOW WILL IT STRENGTHEN COLORADO? This project is vital to the continued economic growth of Eagle County and t:he surrounding region. Eagle Airport is completing a runway extension in 2008 and is renowating its runway. Scheduled passenger and business jet traffic is growing and congesting local roads. Without relief soon by providing direct access to 170, travelers will look to other venizs outside of Colorado both in the summer and winter. Regional commuities are counting; on the Eagle Airport upgrades to provide new scheduled service and this creating greater congestion from permanent residents. Colorado has recognized the need to complete the Inteirchange. This critical project is identified as an "Early Action" in the I-74 West Corridor Pr.ogramatic Environmental Impact Atatement (I-70 PEIS) Additionally, the Intermountain Planning Region prioritized this project on their 2030 Regional Transportation Plan FUNDING INFORMATION: FUNDING AMOUNT REQUESTED FROM SENATOR SALAZAR: $1000000 AMOUNTS REQUESTED FROM OTHER COLORADO DELEGATION OFFICES: Senator Allard: $1000000 Congresswoman DeGette: $p Congressman Udall: $1000000 Congressman Salazar: $p Congresswoman Musgrave: $p Congressman Lamborn: $p Congressman Tancredo: $p Congressman Perlmutter: $p ESTIMATED TOTAL COST OF PROGRAM: Page 2 $1.35 million NON-FEDERAL MATCHING FUNDS 0 SOURCE OF NON-FEDERAL MATCHING FUNDS (If applicable): Colorado PRESIDENT'S FY09 BUDGET REQUEST (If applicable): $0 APPROPRIATIONS BILL Transportation-Housing FEDERAL FUNDING ENTITY (Please provide Department, Agency, Program, Account, and DepartmendAgency point person contact information if requestor has been working with DepartmendAgency): Federal Highway Administration; Surface Transportation Priorities OTHER RELEVANT INFORMATION (Please provide information such as relevant authorizing legislation, STIP number for transportation projects, etc): Designated as a National Highway System Intermodal connector road FEDERAL FUNDING HISTORY (Please indicate type of funding and/or authorization amount by fiscal year): o Previous Appropriations o Federal Grants o Authorized Funding Levels FY08: $ FY06: $ FY07: $ FY05: $ REPORT LANGUAGE DESIRED (If applicable): Special Guidelines for Certain Requests If you have any questions, please do not hesitate to contact Brendan McGuire or Emily Paladino in Senator Salazar's office at 202-224-5852. Page 3 If this a Militarv Construction or Denartment of Defense request please use a specif c"Defense Appropriations Information Form " available bv contacting Militag Legislative Assistant Matt Lee-Ashlev or Appropriations Legislative Assistant Brendan McGuire at 202-224-5852. Interior Appropriations Requests If you are requesting an EPA. STAG grant, please request an additional form that the Interior Subcommittee requires. Transportation For transportation projects, please provide the project's STIP Page 4 TOWN OF VAIL REVENUE HIGI3LIGHTS March 4, 2008 Sales Tax When all sales tax returns are received for the month of January, collections for the month are expected to be $2.9 million, up 6% from January, 2006. For comparison, inflation as measured by the consumer price index was up 4.2% compared with the prior year. Use Tax Use tax collections began as of January 1, 2008. As of February 27, collections total $7,032. Construction Permit Fee Revenue Construction permit revenue currently totals $71.5K, down 82% from this time last year. The decrease is due to a major project starting last year; there were only a small amount of permit fees from on-going major projects in 2008. Real estate Transfer Tax (RETT) RETT collections through February 26, 2008, total $647,448. This amount is a 35% decrease from last year's February primarily due to non-major redevelopment projects. Major redevelopment projects such as Arrabelle, Forest Place, and Vail Plaza account for 34% of year-to-date 2008 collections. RETT collections for 2007 (including cash received in 2008) now total $6.91VI, or 11 % higher than full year 2006. Major redevelopment projects including Arrabelle, Cascade Residences, Forest Place, Gore Creek Place, Manor Vail, One Willow Bridge Road, Vail Plaza Hotel, and Westhaven at Cascade Village contributed $2.4 million or 35% of the total in 2007 while only $1 million or 17% of the total in 2006 consisted of major redevelopment projects. Meanwhile, RETT collections from property transfers not related to major redevelopment projects dropped by 14% in 2007 compared with 2006. 080304 Revenue Highlights - 1 - . . MEMORANDUM To: Town Council From: Stan Zemler Date: March 4, 2008 Subject: Direction on the Lincoln Property Company Southwest proposal for redevelopment of Timber Ridge At the February 19, 2008, Vail Town Council meeting, staff was given direction regarding work force housing on the site. Town Councit directed the Town Manager to negotiate with Lincoln Property Company Southwest ("Lincoln Proposal") to assure workforce housing would be provided and future rental rate increases would be linked to some common indices, to assure control over future price escalation. Those discussions are currently underway. Town Council also suggested that additional issues needing direction be brought forward for Town Council input prior to bringing a fmal proposal. . Therefore, staff is seeking input from Town Council on the following three proposals prior to continuing negotiations: 1. The Lincoln Proposal is requesting a deviation from the minimum square feet per employee requirements prescribed in the Vail Town Code. Currently, the Town's employee housing ordinances require a minimum of 350 square feet of GRFA per employee for mitigation. The ordinances further provide, "at the sole discretion of the Planning and Environmental Commission, an applicant may provide on-site dormitory units, unless the application is a Special Development District, in which case, the Toivn Council in its sole discretion, may accept dormitory units as a method of mitigation. A dormitory unit only requires 250 square feet of GRFA per employee except in instances of Town Council approved dormitory units. "(Chapters 12-23 and 12-24, Vail Town Code) ? The Lincoln Proposal is requesting to construct 250 square feet per employee to meet employee housing regulations. Does the Town Council support this request? 2. The Lincoln Proposal is requesting the ability to offer up to twenty-five percent of the total units as market-rafe rental units (i.e., non-employee occupied). ? The Lincoln Proposal is requesting to not deed restrict twenty-five percent of the total units. Does the Town Council support this request? J 1: - 3. The Lincoln Proposal indicates that in order to meet the rental rate goal of $2,300/unit, all beds developed in excess of the existing 600 deed restrirted beds, be assignable and be available to satisfy the employee housing requirements for other developments in town, provided a lease is executed for a five-year period. - ? The Lincoln Proposal is requesting a new method of emplayee housing mitigation (i.e., leasing) for employee housing ordinance requirements. Does the Town Council support this request? In order to mave forward in negotiations with Lincoln Property Company Southwest, staff needs direction from the Council on the three above identified proposals. 12-61-1 12-61-3 . CHAPTER6 RESIDENTIAL DISTRICTS ARTICLE I. HOUSING (H) DISTRICT SECTION: the zone district is appropriately located and designed to meet the needs of resi- 12-61- 1: Purpose dents of Vail, to harmonize with surrounding 12-61- 2: Permitted Uses uses, and to ensure adequate light, air, 12-61- 3: Conditional Uses open spaces, and other amenities appropri- 12-61- 4: Accessory Uses ate to the allowed types of uses. (Ord. 12-61- 5: Setbacks 29(2005) 23: Ord. 19(2001) § 2: Ord. 12-61- 6: Site Coverage 3(2001) § 2) 12-61- 7: Landscaping And Site . Development 12-61- 8: Parking And Loading 12-61-2: PERMITTED USES: The follow- 12-61- 9: Location Of Business Activity ing uses shall be permitted in 12-61-10: Other Development Standards the H district: 12-61-11: Development Plan Required 12-61-12: Development Plan Contents Bicycle and pedestrian paths. 72-61-13: Development Standards/Criteria For Evaluation Deed restricted employee housing units, as . further described in chapter 13 of this title. Passive outdoor recreation areas, and open 12-61-1: . PURPOSE: The housing district space. (Ord. 29(2005) § 23: Ord. 19(2001) is intended to pro,vide adequate § 2: Ord. 3(2001) § 2) sites for employee housing which, because of the nature and characteristics of employ- ee housing, cannot be adequately regulated 12-61-3: CONDITIONAL USES: The by the development standards prescribed following conditional uses shall ~ for other residential zone districts. It is be permitted in the H district, subject to necessary in this zone . district to provide issuance of a conditional use permit in cievelopment standards specifically pre- accordance with the provisions of chapter scribed for each development proposal or 16 of this title:_ project to achieve the purposes prescribed in section 12-1-2 of this titfe and to provide Commercial uses which are secondary and for the public welfare. Certain nonresiden- incidental (as determined by the planning tial uses are allowed as conditional uses, and environmental commission) to the use which are intended to be incidental and of employee housing and specifically serv- secondary to the residential uses of the ing the needs of the residents of the devel- district. The housing district is intended to opment, and developed in conjunction with ensure that employee housing permitted in employee housing, in which case the fol- September 2006 Town of Vail 12-61-3 . 12-61-5 lowing uses may be allowed subject to a Public and private schools. r conditional use permit: Public buildings, grounds and facilities. Banks and financial institutions. ' Public parks and recreational facilities. Chiid daycare facilities. Public utilities installations including trans- Eating and drinking establishments. mission lines and appurtenant equipment. Funiculars and other similar convey- Type VI employee housing units, as further ances. regulated by chapter 13 of this title. (Ord. 29(2005) § 23: Ord. 33(2003) § 1: Ord. Health clubs. 19(2001) § 2: Ord. 3(2001) § 2) Personal services, including, but not limited to, (aundromats, beauty and 12-61-4: ACCESSORY USES: The follow- barber shops, tailor shops, an.d similar ing accessory uses shall be services. permitted in the H district: Retail stores.and establishments. Home occupations, subject to issuance of a home occupation permit in accordance with Dwelling units (not employee housing units) the provisions of section 12-14-12 of this subject to the following criteria to be evalu- title. ated by the planning and environmental commission: Minor arcades. A. Dwelling units are created soleiy Private greenhouses, tool sheds, playhous- , for the purpose of subsidizing employ- es, attached garages or carports, swimming ee housing on the property, and . pools, or recreation facilities custamarily . incidental to permitted residential uses. B. Dwelling units are not the primary use of the property. The GRFA for Other uses customarily iricidental and ac- dwelling units shall not exceed thirty cessory to permitted or conditional uses, percent (30%) of the total GRFA con- and necessary for the aperation thereof. structed on the property, and (Ord. 29(2005) § 23: Ord. 19(2001) § 2: Ord. 3(2001) § 2) C. Dwelling units are only created in ' conjunction with employee housing, and 12-61-5: SETBACKS: 7'he setbacks in this district shall be twenty feet D. Dwelling units are compatible with (20') from the Perimeter o1: the zone district. . the proposed uses and buildings on At the discretion af the planning and envi- the site and are compatible with build- ronmental commission, !rariations to the ings and uses on adjacent properties. setback standards may bH approved during the review of a development plan subject to Outdoor patios. September 2006 Torvn of Vai1 12-61-5 12-61-8 the applicant demonstrating compliance 12-61-7: LANDSCAPING AND SITE DE- with the following criteria: VELOPMENT: At least thirty petcent (30%) of the total site area shall be A. Proposed building setbacks provide landscaped. The minimum width and length necessary separation between build- of any area qualifying as landscaping shall ings and riparian areas, geologically be fifteen feet (15') with a minimum area sensitive areas and other environmen- not less than three hundred (300) square . tally sensitive areas. feet. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) B. Proposed building setbacks will pro- vide adequate availability of light, air 12-61-5: PARKING AND LOADING: Off ~ and o en s ace. P P street parking shall be provided in accordance with chapter 10 of this title. C. Proposed buifding setbacks wifl pro- No parking or loading area shall be located vide a compatibie relationship with within any required setback area. At the buildings and uses on adjacent prop- discretion of the planning and environmen- erties. tal commission, variations to the parking standards outlined in chapter 10 of this title ,D. Proposed building setbacks will result may be approved during the review of a in creative design solutions or other development plan subject to a parking man- public benefits that could not other- agement plan. The parking management wise be achieved by conformance with Plan shall be approved by the planning and prescribed setback standards. environmental commission and shall pro- vide for a reduction in the parking require- Variations to the twenty foot (20') setback ments based on a demonstrated need for shall not be allowed on property lines adja- fewer parking spaces than chapter 10 of cent to MR, SFR, R, PS, and RC zoned this title would require. For example, a properties, unless a variance is approved demonstrated need for a reduction in the by the planning and environmental commis- . required parking could include: sion pursuant to chapter 17 of this title. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) A. Proximity or avail2bility of alternative modes .of transportation including, but not limited to, public transit or shuttle 12-61-6: SITE COVERAGE: Site cover- services. age shall not exceed fifty five percent (55%) of the total site area. At the B. A limitation placed in the deed restric- discretion of the planning and environmen- tions limiting the number of cars for tal commission; site coverage may be in- each unit. creased if seventy five percent (75%) of the required parking spaces are underground or C. 'A demonstrated permanent program enclosed, thus reducing the impacts of sur- including, but not limited to, rideshare face paving provided within a development, programs, carshare programs, shuttle and that the minimum landscape area re- service, or staggered work shifts. quirement is -met. (Ord. 19(2001) § 2: Ord. (Ord. 19(2001) § 2: Ord. 3(2001) § 2) , 3(2001) § 2) . September 2006 Town of Vai1 12-61-9 12-61-11 12-61-9: LOCATION OF BUSINESS AC- 12-61-11: DEVELOPMEN7' PLAN RE- ` TIVITY: QUIRED: A. Limitation; Exception: All conditional A. Compatibility With Ini;ent: To ensure . .uses by section 12-61-3 of this article the unified development,. the protec- shall be operated and conducted en- tion of the natural environment, the tirely within a building, except for compatibility with the surrounding area permitted loading areas and such and to assure that development in the -activities as may be specifically autho- housing district will meet the intent of rized to be unenclosed by a condition- the zone district, an approved devel- al use permit and the outdoor display opment plan shall be required. of goods. . B. Plan Process And F'rocedures: The B. Outdoor Display Areas: The area to proposed development plan shall be in be used for outdoor display must be accordance with sec4ion 12-61-12 of located directly in front of the estab- this article. and shall be submitted by lishment displaying the goods and the developer to the administrator, entirely upon the establishment's own who shall refer it to the planning and property. Sidewalks, building entranc- environmental comrnission, which es and exits, driveways and streets shall consider the plan at a regularly shall not be obstructed by outdoor scheduled meeting. display. (Ord. 19(2001) § 2: Ord. - 3(2001) § 2) C. Hearing: The public hearing before the planning and envirorimental commis- sion shall be held in accordance with 12-61-10: OTHER DEVELOPMENT STAN- section 12-3-6 of this title. The plan- DARDS: ning and environmental commission may approve the application as sub- A. Prescribed By Planning And Environ- mitted, approve the application with mental Commission: In the H district, conditions or modifications, or deny development standards in each of the the application. The decision of the following categories shall be as pro- planning and environmental commis- posed by the applicant, as prescribed sion may be appealed to the town by , the planning and environmental council in accordance with section commission, and as adopted on the 12-3-3 of this title. approved development plan: D. Plan As Guide: The approved devel- 1. Lot area and site dimensions. opment plan shall Ioe used as the principal. guide for all development 2. Building height. within the housing district. 3. Density control (including gross E. Amendment Process: Amendments to residential floor area). (Ord. 19(2001) the approved development plan will be § 2: Ord. 3(2001) § 2) considered in accordance with the . provisions of section 12-9A-10 of this title. September 2006 Towrz of Yail 12-61-11 12-61-13 F. Design Review Board Approval Re- orientation is compatible with the site, quired: The development plan and any adjacent properties and the surround- subsequent amendments thereto shall ing neighborhood. require the approval of the design review board in accordance with the B. Buildings, improvements, uses and applicable provisions of chapter 11 of activities are designed and located to this title prior to the commencement of produce a functional development site preparation. (Ord. 29(2005) § 23: plan responsive to the site, the sur- Ord. 19(2001) § 2: Ord. 3(2001) § 2) rounding neighborhood. and uses, and the community as a whole. ~ 12-61-12: DEVELOPMENT PLAN CON- C. Open space and landscaping are both TENTS: The administrator shall functional and aesthetic, are designed establish the submittal requirements for a to preserve and enhance the natural development plan application. A complete features of the site, maximize opportu- _list of the submittal requirements shall be nities for access and use by the pub- maintained by the administrator and filed in lic, provide adequate buffering be- the department of community development. tween the proposed uses and sur- Certain submittal requirements may be rounding properties, and when possi- waived and/or modified by the administrator ble, are integrated with existing open and/or the reviewing body if it is demon- space and recreation areas. strated by the applicant that the information • ' and materials required are not relevant to D. A pedestrian and vehicular circulation the proposed development or applicable to system. designed . to, provide safe, the planning documents that comprise the efficient and aesthetically pfeasing Vail comprehensive plan. The administrator circulation to the site and throughout and/or the reviewing body may require the the development. submission of additional plans, drawings, specifications, samples and other materials E. Environmental impacts resulting from , if deemed necessary to properly evaluate the proposal have been identified in the proposal. (Ord. 29(2005) § 23: Ord. the project's environmental impact 5(2003) § 3: Ord. 19(2001) § 2: Ord. report, if not waived, and all neces- 3(2001) § 2) sary mitigating measures are imple- mented as a part of the proposed development plan. 12-61-13: DEVELOPMMNT STANDARDS/ CRITERIA FOR EVALUATION: F. Compliance with the Vail comprehen- . The following criteria shall be used as the sive plan and other applicable plans. .principal means for evaluating a proposed (Ord. 29(2005) § 23: Ord. 19(2001) development plan. It shall be the burden of § 2: Ord. 3(2001) § 2) the applicant to demonstrate that the pro- posed development plan complies with all applicable design criteria: A. Building design with re,spect to archi- tecture, character, scale, massing and September 2006 Town of Vail