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HomeMy WebLinkAbout2008-11-18 Support Documentation Town Council Evening Session1 VAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., TUESDAY, NOVEMBER 18, 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. ITEMITOPIC: Citizen Input. (10 min.) 2. ITEMITOPIC: Town Manager's Report. (20 min.) a. Performance Bonds for Large Projects. b. Wildfire Mitigation Update. 3. Suzanne Silverthorn ITEM/TOPIC: Discussion of Dispersed Loading and Delivery Susan Douglas Policies in Vail Village. (45 min.) Greg Hall George Ruther ACTION REQUESTED OF COUNCIL: Review the three options for dispersed loading and delivery in Vail Village and provide direction for implementation. BACKGROUND RATIONALE: During the summer of 2007, a 17- member working group was formed to evaluate current loading and delivery practices and to recommend options for future implementation of a dispersed loading and delivery network in Vail Village using a combination of underground delivery bays at three major development sites (Mountain Plaza, Vail Plaza Hotel and Solaris) as well as on-street loading zones. The group included representatives from the retail, restaurant, lodging and delivery sectors as well as representatives from the Town Council, chamber associations and the residential neighborhood. This group identified 10 goals for Vail's loading and delivery efforts and presented a series of recommendations to the Vail Town Council on October 16, 2007. While 7 interim recommendations were approved during the 2007 Town Council discussion, decisions on implementation of additional policies were deferred until completion of the community loading and delivery bays at Mountain Plaza (formerly Front Door). This facility was opened for community use on November 17, 2008, and includes up to 13 public loading and delivery bays that are currently available on a voluntary basis. On November 11, 2008, the Loading and Delivery t Working Group reconvened. to tour the Mountain Plaza facility and to offer comment on the policy option recommended by staff- Option A - On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street, Gore creek D"rive and elsewhere in Vail Village, use of.outlying,.dispersed options from 6 a.m. to 6 p.m. Two' other options were developed during the 2007 meetings: • Option B - On-street delivery, available from 4 a.m. to 8:30 a.m. on Bridge Street and Hanson Ranch Road, and from 4 a.m. to -1.1;30 a.m. on Gore, Creek Drive, use of outlying dispersed options from 6 a.m. to.6 p.m. • Option C - On-street delivery from 7 a.m. to 9 a.m. on Bridge Street, Gore Creek Drive and elsewhere in Vail Village, use of outlying dispersed options from 6 a.m. to 6 p.m. STAFF . RECOMMENDATION: Staff recommends conditional approval of Option A because of its ability to best meet the ten loading and delivery goals identified by the working group. Recommended conditions. include the following:, • Work on the final refinement and monitoring, of the Mountain Plaza loading, dock. operational .'rules."with :Vail Resorts and vendors to address the. questions raised during the November 11,. 2008, tour.' . •. Defer implementation of Option A until January 9, 2009, to avoid the.holiday,impacts: • Provide an interim update to the -Town Council after approximately 30 days (February 17, 2009 meeting). • Reconvene Loading and. Delivery Working Group for review and evaluation on March 2, 2009.: . Present evaluation- of ,Option A effectiveness to the Town Council on 'March 17, 2009, with . 'recommendations for modifications, as needed. 4. Stan Zemler ITEM/TOPIC: Timber Ridge Redevelopment. (60 min.) ACTION REQUESTED OF COUNCIL: Consider the recommendatioris of staff and the Timber Ridge Redevelopment Advisory Council regarding the process for redevelopment of Timber Ridge: BACKGROUND- RATIONALE: Three process alternatives for the redevelopment of Timber Ridge have been identified and evaluated by staff and the Timber Ridge Redevelopment Advisory Committee. The alternatives include 1.): issuing a request for qualifications (RFQ); 2.) pursuing a design/build process with the town as developer; and 3.) negotiating with Vail Resorts to develop the property. STAFF RECOMMENDATION: Direct staff to initiate a 45-day negotiation with Vail Resorts to develop the property. 5. Matt Mire ITEM/TOPIC: Discussion of the Town of Vail Newsrack Suzanne Silverthom Regulations for the 2008-2009 Ski Season. (15 min.) BACKGROUND RATIONALE: 1999 the Town of Vail (the "Town") adopted Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth certain time, place and manner regulations relating to the placement of newsracks on Town owned property and rights-of-way. Among other things, the Ordinance established two specific "Newsrack Boundaries" in Vail Village and LionsHead respectively. For the reasons set forth in the Ordinance the Town has a continued obligation and responsibility to regulate newsracks located on Town owned property and public rights-of-way for protection of the public heath, safety and welfare. In connection with the regulations adopted in the Ordinance, which was codified and made part of the Vail Town Code at Title 8 Chapter 6, the Town established various newsrack "clusters" within both of the above-referenced Newsrack Boundaries. The Vail Village and LionsHead newsrack clusters appear today in a slightly modified form due to redevelopment. Because there currently exists more demand than available newsrack space within the two Newsrack Boundaries, the staff had planned to hold a lottery to allocate the available space. The lottery was not going to give priority to any certain publication(s). Prior to conducting the lottery, the Vail Mountaineer requested that priority be given to publications which publish more frequently. A priority system as suggested is set forth in Section II(D) of the draft regulations. The legal considerations regarding that priority system are addressed by the Town Attorney under separate cover. "NOTE - At the time these materials were due for Town Council packets, new information was revealed with regard to the continued existence of the Vail Trial. If the Vail Trail were to vacate its current spaces within the two Newsrack Boundaries, more space would become available for allocation in each cluster. ACTION REQUESTED OF COUNCIL: Provide direction on the inclusion in the guidelines of a priority system which gives preference to more frequent publications. Options: 0 1. Move forward with the process identified in the draft regulations WITH preference given to frequency of publications as identified in Section II(D). 2. Move forward with the process identified in the draft regulations WITHOUT preference given to frequency of publications as-identlified in Section II(D). STAFF RECOMMENDATION: N/A. 6. Bill Gibson ITEM/TOPIC: Second reading of Ordinance No. 21, Series of 2008, for prescribed regulations amendments to Section .14-10-7, Outdoor Lighting, Vail Town Code, to allow for amendments to the' outdoor lighting standards, and setting forth details in regard thereto. (15 min.) ACTION. REQUESTED--OF COUNCIL: Approve Ordinance No. 21, Series of 2008, on second reading. BACKGROUND RATIONALE: On October 7, 2008, the Town Council voted to -approve, with conditions, Ordinance No. 21, Series of 2008, on first reading. Since the.October.7t' hearing, Staff has been revising the proposed ordinance language to address the Council's, conditions of approval and comments received from the public. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 21, Series of 2008, on second reading. 7. George Ruther ITEM/TOPIC: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22,.View Condors, Vail Town Code, pursuant . to Section 12-22-4, 'Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two.. new view corridors and amend one existing view condor in, LionsHead, ; and setting forth, details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, . approve with modifications, or deny Ordinance. No. 23, Series of 2008, on second reading. BACKGROUND. RATIONALE: On October. 13, 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing ' view condor in LionsHead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, LionsHead Redevelopment Master Plan, and setting forth details in regard thereto. c On October 21, 2008, the Town Council unanimously approved the first reading of Ordinance No. 23, Series of 2008. STAFF RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 23, Series of 2008, on second reading. 8. Tom Kassmel ITEMITOPIC: Second reading of Ordinance No. 24, Series 2008. An Ordinance Approving A Holy Cross Energy Utility Easement within the Town of Vail Open Space between Matterhorn Circle and Upper Matterhorn Circle. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with amendments, or deny Ordinance No. 24, Series of 2008, on second reading. BACKGROUND RATIONALE: An existing overhead electric line used to cross the middle bench open space without an easement. This year Holy Cross Energy lowered this stretch of overhead line at the request and cost of a private homeowner. Neither the existing nor the current electric lines have had a dedicated easement. Holy Cross, and Town staff would like to have an easement granted to accommodate the new buried line. STAFF RECOMMENDATION: Approve Ordinance No. 24, Series of 2008 on second reading. 9. Kathleen Halloran ITEM/TOPIC: ITEM/TOPIC: Second reading of the 2009 Budget Ordinance No. 25, Series 2008. (15 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments second reading of the 2009 Budget Ordinance No. 25, Series 2008. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Approve or approve with amendments the second reading of the 2009 Budget Ordinance No. 25, Series 2008. 10. Kathleen Halloran ITEMITOPIC: First Reading of Mill Levy Certification, Ordinance No. 28, Series 2008. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. 28, Series 2008, on first reading. BACKGROUND RATIONALE: Mill Levy Assessments must be certified to the County for collection annually; this ordinance authorizes certification. Please note that these numbers are only r: 0 an estimate. We are waiting for current information from Eagle County for accurate numbers. STAFF' RECOMMENDATION: Approve Ordinance No. 28, Series 2008, on first reading. " 11. Warren Campbell ITEM/TOPIC: Second reading of Ordinance No. 26, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7,. Amendment,' Vail Town Code, to allow for the rezoning of Parcel A, a re-subdivision of Tract D, Vail Das Schone, from Commercial. Core 3(CC3) District to General Use (GU) District,.and setting'forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications; or deny Ordinance. No. "26, Series of 2008, on second reading.. , BACKGROUND. RATIONALE: On October 27, 2008, the Planning and Environmental. Commission voted 7-0-0 to forward a recommendation of approval for - a _ zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. On November 4, 2008, the Town Council unanimously approved Ordinance No. 26, Series of 2008, on first reading. STAFF RECOMMENDATION: Staff_ recommends the Town Council" approves Ordinance No. 26, Series of 2008, on second reading. 12. Warren Cambell ITEM/TOPIC: Second reading of Ordinance No. 27, Series of 2008, an ordinance rezoning a Town owned property, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the .rezoning of Parcel B, . a re-subdivision of Tract D, Vail Das Schone, from Two Family Primary/Secondary(P/S) District to Housing (H) District, and setting forth details *in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 27,. Series of 2008, on second reading. BACKGROUND RATIONALE: On October 27, 2008, the Planning and 'Environmental Commission.,voted 6-1-0 (Proper opposed) to forward a recommendation of approval for a. zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, and setting forth details in regard thereto. On November.4, 2008, the Town Council unanimously approved Ordinance No. 27, Series of.2008, on first reading. 1 STAFF -RECOMMENDATION: Staff recommends the Town Council approves Ordinance No. 27, Series of 2008, on second reading. 13. Kathleen Halloran ITEWTOPIC: Resolution No. 24, Series of 2008: Approval of Vail Local Marketing District's amended 2008 budget. (5 min.) ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution 24, '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 and the Town Council for approval of .a winter marketing effort. Town Council is now requested to approve VLMD's amended ,budget. STAFF RECOMMENDATION: Staff recommends Town Council approves or approve with amendments Resolution No. 24, Series of 2008. 14. ITEMITOPIC: Adjournment. (9:25 p.m.) (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK. SESSION WILL BEGIN AT TBD, TUESDAY, DECEMBER 2, 2008 IN THE VAIL TOWN .COUNCIL CHAMBERS. TIMBER RIDGE REDEVELOPMENT EXECUTIVE SUMMARY REQUEST FOR QUALIFICATIONS JANUARY 16, 2009 Background Information Constructed in 1981, Timber Ridge Village Apartments is Vail's largest employee housing complex, consisting of 198 rental units on just over ten acres. The Town acquired the property in 2003 to preserve the property's deed restricted affordable housing designation, a critical piece of the resort community's infrastructure. Currently most of the property is master leased to Vail Resorts and other local businesses on a year-round basis. As envisioned by the Town, this redevelopment will serve an integral role in strengthening the Town's employee housing inventory. The Town of Vail is proposing a phased development with 1/2 to be developed now and 1/2 held for.future uses. RFQ applicants are not to submit fully designed project proposals, as the design will evolve and will be based on community input, stakeholder feedback, and market conditions. A RFQ process is being used to select a development team, instead of a more traditional Request for Proposals, in recognition of the need for sustained collaboration between the selected development team, the Town, neighborhood representatives, adjacent property owners, and other stakeholders required to formulate a feasible project that can successfully accomplish a wide range of objectives. A mandatory tour of Timber Ridge and pre-submittal conference will be held on January 30, 2009. Statements of Qualifications are due before 3:00 p.m. on February 16, 2009. Inquiries and Statements of Qualifications should be addressed as follows: -. !. -Timber Ridge RFQ Response Town of Vail fi 75 S. Frontage Road Vail, CO 81657 AN arb asset should follow the Town's vision, mission, values Town of Vail Vision '1WP6..O Premier Mountain Resort Community! _ 1 - r•. '• `:::. - ..r ; ": Town of Vail Mission tr'tfe wrifprov4de-1 46 of Vail and our guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities. Town of Vail Values Respect - Trust - Integrity - Innovation - Collaboration Town of Vail Commitment To provide vision, leadership, efficiency, transparency, accountability and fiscal responsibility. CURRENT PROJECT (before subdivision) The Site Address: 1280 North Frontage Road Parcel Number: 210312105008 Legal Description: Lots C1-C5, Lionsridge Filing #1 Current Zoning: Housing Zone District (H) Lot Size: 10.08 Acres Current Conditions: 16 Buildings - two and three stories o -198 two-bedroom, one-bathroom units o -Each unit is 744 square feet 1 Recreation Building o -437 square foot recreation room • 1 two-bedroom manager's unit (1,100 square feet) • -17 washers and 17 dryers • -1,150 square foot storage/office space • 308 total parking spaces Location/Features: • Property is located just 1.5 miles off the West Vail 1-70 exit with convenient access via North Frontage Road. • 1-70 is directly south of the project and a steep hillside is located to the north. eEorioo ?n means of transportation. ?'' Y' l µX.".V.C r• .?;;?` ,pl=r to assure long-term affordability of rental units for :., ail or Eagle County more than 30 hours per week. 00 affordable rental beds on the Eastern 5.04 acres (1/2 e Town of Vail will subdivide from the existing 10.08 acre ,?..p hat buildings A through 1 (102 units) will be demolished. >?'xr a property will remain in service, with 95 existing rental riot s Kqka+?yatarr!tl1, ossible redevelopment at a future date. al workers in the new units. • The Town of Vail will maintain an ownership position in the project, with the preferred method being a land lease. The annual land lease minimum is estimated at $880,000. • The Town of Vail expects to reduce its debt on the property. -2- Knowledge of RFQ and Site Investigation: Developers who submit a Statement of Qualifications (the "Statement") are responsible for becoming fully informed regarding all circumstances, information, laws and any other matters that might, in any way, affect the Respondent's roles and responsibilities in the project. Any inspection or other on-site investigation of facilities during this RFQ process must be coordinated through the Town of Vail. The Town will offer a site tour on January 30, 2009 at 10:00 a.m. Submittal Instructions for Statements Statements in response to the RFQ are sought only from experienced developers of similar projects. Inquiries regarding this RFQ should be directed to the Town of Vail addressed to the contact information provided above. Developers interested in this RFQ should contact the office and request placement on the RFQ mailing list and attend the pre-submittal conference in order to ensure receipt of amendments or other relevant information. Respondents to the RFQ should limit their submissions to no more than 5 pages, single-spaced, no smaller than 10 point font, excluding illustrative materials explaining developer ability and experience to develop the proposed project. All proprietary information should be identified as such by the respondent. One original and 12 copies of the Statements should be submitted, as well as an electronic copy in PDF format. The Town of Vail reserves the right to cancel or amend this RFQ and will announce revisions to it by amendment. Statements should be sealed, marked "Timber Ridge RFQ" and addressed as directed above. Statements may be mailed or delivered in person to the Town offices, at the address above, to be received no later than 3:00 p.m. (local time) on February 10, 2009. Statements received after this time will not be considered. Rus?:?ddy..,l, a?n: ,,au;?fy?that the Town of Vail shall not be liable at any time for any ca w'prted to the Project incurred by any submitter during any p c r sulrnt amendment or cancellation. ?.' ..: 2' •f yi ,j.C sV. wit y?J.:? 3 { -3- The schedule of activities for solicitation is: Solicitation/ Issue Date: January 16, 2009 Mandatory Pre-Submittal Conference: January 30, 2009 Statement Due Date: February 16, 2009 Shortlist Interviews: March 2, 2009 Award Exclusive Negotiating Right: March 6, 2009 The applicant must also expressly grant to the Town a non-exclusive right to use, or cause others to use, the contents of its Statement, or any part thereof, for any purpose. Applicants are not to submit fully designed project proposals or site plans. Content of Statements and Selection of Developer Statements will be reviewed by an evaluation committee. The Town reserves the right to contact respondents with requests for clarification or additional information, or to arrange other follow up activities it deems appropriate. Statements submitted in response to this RFQ shall include a complete response to the requirements in this Section in the order presented. The information should be presented in 8 .5'.'X 11" size and should have tabs keyed to the requirements outlined in this Section. The following criteria, corresponding to the categories of the required submittal contents as set forth in the submittal forms, will be used to evaluate respondents' Statements: A. Cover Letter / Comprehensive Project Team 1. Completeness of information on proposed project team, and explanation of relationships between members that clearly depicts the roles and contributions of Vurraar+.wy711?,?+nrlr?rOy.?4?'._?` ?_,.•,:. 2. i t embers and the effectiveness of their plans for balancing t fro a Project with other existing commitments; and ?; - `,;r ; ;,? . ^` ?a fit. "i• 3.. n tions provided by references for the Respondent. SR + ' ' enr3 ;r? ter. ..+.;.. _ s! •t -4- B. Conceptual Approach and Methodology 1. Narrative outlining Respondent's approach to integrating the guidelines of the proposed Project into the physical, financial, project management, environmental, and other aspects of its eventual development program, representing an award-winning project reflecting community interests and goals; 2. Statement of understanding of affordable housing and site challenges, citizen interest, local economy, progressive design concepts, mountain environments, and the Town of Vail culture; 3. A conceptual time schedule for entitlement, financing, and construction; and 4. A conceptual financing mechanism. C. Experience and Background 1. Demonstrated experience and awards received as a Developer working with public entities to structure and implement large-scale, affordable housing redevelopment in the past 5 years that are comparable to and include the uses envisioned for the proposed Project showing sensitivity to and expression of citizen issues and environment; 2. Three examples of similar projects completed and awards and national recognition received, design problems solved for each project; housing unit costs as a percentage of total project costs, the cost per square foot of the affordable portion of each of the projects, the type of construction; and the total project costs and financing methods; and 3. Extent of the experience of specific individuals on the Respondent's proposed project team in public-private development projects. D. Financial Capacity 1.:,cated,.^,'?# r projects:to obtain private equity and debt for d8 se o? v ate partnerships to the Projects financing and tax 2. ;I nsf?tic?at erg nd immediately available financial resources to fund the cc_ 3 ocW64" ti n of development agreements, obtaining entitlements a h predevelopment activities. - ^ a r w e o ibilities include but are not limited to a project plan 1. Plan, including a Long Term Management Plan 2. Site Plan 3. Unit types and sizes 4. Development Schedule and Master Timeline 5. Community Relations Strategy 6. Transportation/Parking Plan, including any proposed reduction of minimum number of parking spaces that would be required -5- Shortlist Consideration The Town reserves the right to accept, to reject, or to interview any or all qualified respondents. The Town intends to select a limited number of respondents for interviews. Short-listed respondents selected for interview shall be notified of the time, date, and location for oral presentations. Upon completion of the interview process, Town reserves the right to immediately enter into negotiations with a selected respondent. Partnership Agreement and Schedule Respondent(s) recommended for award as a result of this solicitation will enter into a written agreement with the Town. Any formal contract becomes final only upon approval by the Town, and where applicable, the State of Colorado and the US Department of Labor. Disclosure and Use of Data Issuance of this RFQ places no obligation on the Town to proceed. Response to the RFQ does not entitle a respondent to any right with respect to the Town's property. Respondents under this RFQ should clearly identify any proprietary or confidential commercial data that they do not want disclosed, duplicated or used outside of the Town for any purpose other than to evaluate the Statement. If a contract is awarded on the basis of the Statement, the Town shall have the right to duplicate, disclose and use Statement information. Order of Preference Any changes to this RFQ will be made by addenda issued by the Town. The addenda will be considered part of the RFQ document and will prevail over inconsistent or conflicting provisions contained in the original RFQ document. Books and Records The selected Developer shall be required to permit access at reasonable times and pl ;w ,#,r oraray duly authorized representative, to any books, d c s including certified financial statements of the Developer wlt n awarded contract. The purpose of this access is to a.' t, copy and transcribe documents. The selected D it s for three (3) years after submission of any statement veloper's obligations under an agreement. d wY iI+ 4'p w4 rr -6- R Memorandum To: Town Council From: Suzanne Silverthom, Matt Mire Date: 11/13/2008 Re: Newsracks Background In 1999 the Town of Vail (the "Town") adopted Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth certain time, place and manner regulations relating to the placement of newsracks on Town owned property and rights-of-way. Among other things, the Ordinance established two specific "Newsrack Boundaries" in Vail Village and Lionshead respectively. For the reasons set forth in the Ordinance the Town has a continued obligation and responsibility to regulate newsracks located on Town owned property and public rights-of-way for protection of the public health, safety and welfare. In connection with the regulations adopted in the Ordinance, which was codified and made part of the Vail Town Code at Title 8 Chapter 6, the Town established various newsrack "clusters" within both of the above-referenced Newsrack Boundaries. The Vail Village and Lionshead newsrack clusters appear today in a slightly modified form due to redevelopment. Recently the Town conducted an audit of all the newsrack clusters located within the two Newsrack Boundaries in an effort to determine compliance with the Vail Town Code and to determine the amount of vacant newsrack space available in any cluster in relation to the current demand for available newsrack space within the two Newsrack Boundaries. As a result of the audit, certain publications were determined to be in violation of the above- referenced ordinance based upon maintenance and abandonment issues. The current availability in each cluster is shown on the attached Exhibit A. In addition to the current available space shown in the above-referenced exhibit, "The Draft Regulations for the 2008-2009 Ski Season" (the "draft regulations') also provide for a process whereby the Town could pursue the removal of duplicative publications within the same cluster (See draft regulations Section ll(C)). Doing this could create more space in a cluster, but may also delay the allocation of available space based upon the notice and process employed to identify. and remove the perceived duplicative publications. November 13, 2008 Because there currently exists more demand than available newsrack space within the two Newsrack Boundaries, the staff had planned to hold a lottery to allocate the available space. The lottery was not going to give priority to any certain publication(s). It was the intention of the staff that the lottery assignments would then be in place until May 2009,-at which time we plan to have new equipment and a new ordinance in place which sets forth a program moving forward. Prior to conducting the lottery, the Vail Mountaineer requested that priority be given to publications which publish more frequently. A priority system as suggested is set forth in Section II(D) of the draft regulations. The legal considerations regarding that priority system are addressed by the Town Attorney under separate cover. A definition of "publication" has also been included in the draft guidelines for your consideration. Although the definition does not give priority as requested by the Vail Mountaineer, it does address frequency in an attempt to limit the potential publications who may qualify for the available newsrack space. I1. Action Requested/Options 1. Move forward with the process identified in the draft regulations WITH preference given to frequency of publications as identified in Section II(D). 2. Move forward with the process identified in the draft regulations WITHOUT preference given to frequency of publications as identified in Section II(D). **NOTE - At the time these materials were due for Town Council packets, new information was revealed with regard to the continued existence of the Vail Trial. If the Vail Trail were to vacate its current spaces within the two Newsrack Boundaries, more space would become available for allocation in each cluster. 2 Exhibit A Updated October 2008 CLUSTER 1: VAIL VILLAGE BUS ISLAND East Cabinet Forbes DJM WTD Vail Trail CB H&L West Cabinet Slifer Mountain Weekly J Mountain Homes & Property MHI y Vail Daily CPE VR CB Coldwell Banker H&L Homes and Land DJM DJM Distribution CPE Continuing Prof Ed MHI Mountain Homes VR Vail Realty WTD What to Do Gateway Land & Development Right Cabinet CB H&L DJM Uph REB MHI WTD Forbes Denver Post Coldwell Banker Homes and Land DJM Distribution Continuing Prof Ed Real Estate Book Mountain Homes What to Do CPE REB MHI Slifer WTD Vail Trail Rocky Mountain News CLUSTER 4: SOUTH MILL CREEL{ BY MAIL BOX North Cabinet Mountain Weekly Rocky Mountain News East Cabinet Homes Vail Trail USA Today Mountain & Property i Gateway DJM Vail Daily. Denver Post CB VR CB Coldwell Banker DJM DJM Distribution VR Vail Realty CLUSTER 5: NORTH MILL CREEK AT BLIZZARD'S Middle Cabinet Wall Street Journal Vail Trail Rocky Mountain News West Cabinet New York Times REB MHI DJM WTD East Cabinet Mountain Weekly CB Forbes Gateway USA Today Mountain "z 1 Gazette Mountain Homes CPE & Property Denver Post Vail Daily CB Coldwell Banker H&L Homes and Land DJM DJM Distribution CPE Continuing Prof Ed MHI Mountain Homes VRP Vail Realty WTD What to Do VRP CLUSTER 6: EATON PLAZA Left Cabinet Gateway "r WTD a Vail Daily Vail Realty Forbes CB H&L Middle Cabinet Denver Post USA Today Rocky Mountain News Along the Wall Mountain Wall Street Mountain Homes Real Estate. Vail Trail Slifer Journal Weekly & Book Property CB Coldwell Banker H&L Homes and Land DIM DJM Distribution CPE Continuing Prof Ed REB Real Estate Book MHI Mountain Homes Ill WTD What to Do CLUSTER 7A: GORE CREEK PROMENADE- SOUTH Wall Street Journal USA Today Barron's Denver Post Vail Daily Rocky Mountain News CLUSTER 7B: GORE CREEK PROMENADE- NORTH Right Cabinet Slifer New York Times Gateway MHI USA Today VRP VRE Left Cabinet La Tribuna WTD DJM CB Ski Press REB CB Coldwell Banker H&L Homes and Land DJM DJM Distribution CPE Continuing Prof Ed MHI Mountain Homes VRP Vail Realty, Printed VRE Vail Realty Estate WTD What to' Do Vail Trail Mountain Homes & Property - r 9. GOLDEN pEA'- CLIUS"? R Ro6ky mound . NC*S Coldwell,g?ker CB e., and band H&L 140m W,fD fiat to D° CB Gateway - wTD H&L CLUSTER 1: CONCER'T' HALL PLAZA Left Cabinet New 'York Wall Street Mountain Weekly Times Journal Gateway Ski Press (warner) MHI (summer) Rocky Mountain Vail Daily News ' REB H&L . a Right Cabinet Mountain Homes Barron's Slifer & Property USA Today Vail Trail Denver Post- CB Coldwell Banker H&L Homes,and Land DJM. DJM Distribution ut1h.. Continuing Prof Ed REB Real Estate Book MHI . Mountain Homes 1 CLUSTER 4: LIONSHEAD BUS STOP. SHELTER East Cabinet Mountain Weekly MHP New York Times Gateway REB f Io Vail .Daily H&L WTD =.; West Cabinet WM1 Street Forbes Vail Trail Journal Denver Post Rocky Mountain USA Today News Single Cabinet CPE C.B. - Coldwell Banker H&L Homes and Land " DJM DJM Distribution CPE Continuing Prof Ed Vilar Center REB Real Estate Book DJM MHI MHI Mountain Homes WTD What to Do Ski Press Slifer CPE Continuing Prof Ed 1 CLUSTER 5: LIONSHEAD EAST BUS STOP- SUBWAY West Cabinet Mountain Weekly Denver Post East Cabinet Vail Trail Vail Daily CB Coldwell Banker H&L Homes and Land DJM DJM Distribution um Continuing Prof Ed REB Real Estate Book MHI Mountain Homes WTD What to Do TPH The Parents Handbook La Tribuna Gateway REB H&L WTD CPE Ski Press CB MHI Slifer TPH USA Today Mountain Homes & Property Rocky Mountain News CLUSTER 6: VAIL LIBRARY East Cabinet Mountain Weekly Vail Daily West Cabinet- EXPANSION SITE Vail Trail MH1 Gateway H&L REB CB Mountain Homes & Property ?' :??iiilahlc -r Avaid ihk ,wail ibl ra, Avail,a},?f? A?'ailahl? Availahle CB Coldwell Banker H&L Homes and Land DJM DIM Distribution Lrr, Continuing Prof Ed REB Real Estate Book MHI Mountain Homes WTD What to Do EAST MEADOW DRIVE - MAYORS' PARK Left Cabinet Wall Street Journal What to Do Denver Post Right Cabinet Mountain Homes & Property USA Today TPH Parents Handbook REB Real Estate Book MHI Mountain Homes CPE Continued Education La Tribuna Gateway REB CPE Ski Press Vail Trail Mountain Gazette Vail-Daily 9: Town of Vail Newsrack Regulations for the 2008-2009 Ski Season THESE REGULATIONS (the "Regulations") are hereby. adopted this _ . _.day of November, 2008, by the Town Manager of the Town, of Vail pursuant to Section 8-6,4 of the Vail Town Code (the "Code"). These time, place and manner regulations are temporary in nature, are necessary to carryout the purpose and intent of the Code and are not intended to impose any prior restraints on materials protected -by the United States Constitution. I. Purpose and Intent A. In 1999 the Town of Vail (the "Town") adopted Ordinance No. 20, Series of 1999 (the "Ordinance") which set forth certain time, place. and manner restrictions relating to the placement of newsracks on Town owned property and public rights-of-way. Among other things, the Ordinance established two specific Newsrack Boundaries' (the "Boundaries") in Vail Village and Lionshead respectively. For the reasons set forth in the recitals of the Ordinance, and incorporated into these regulations by this reference, the Town has a continued obligation and responsibility to regulate newsracks located on Town owned property and public rights-of-way for protection of the public health, safety and welfare. B. In connection with the adoption of the Ordinance, the Town established various newsrack "clusters" within both of the Boundaries. The clusters as they eurrently.,exist are shown in the attached Exhibit A. C. Recently the Town conducted an audit of all the newrsack clusters located within the Boundaries in an effort to determine compliance with the Code and to determine the amount of available newsrack space in each cluster in relation to the current demand for available newsrack space within the Boundaries. D. - ,. It is the intention of the Town that these regulations will be in place until May 31, 2009, at which time-the Town intends to have new regulations in place.which set forth a process for the allocation of newsrack space moving forward. II. Regulations A. , For purposes of these regulations: "Publication" means a periodical which: (a) is published at least four times a year in different issues with sufficiently different content or format so each issue can be readily distinguished from previous or subsequent issues; and (b) is formed of printed sheets. The sheets may be die cut or deckle-edge, and may be made of paper, cellophane, foil, or other similar materials. "Publisher" means the person or entity who pays to have a publication printed or otherwise causes a publication to be printed or otherwise reproduced. B. Any publisher interested in available newsrack space shall make a request in writing that a permit be issued for the available space to tnasel(@vaileov.com prior to November _ 2008. The request shall set forth the name of the publisher and the publication, and shall specify the location(s) within the cluster(s) for which application is made. The available space within each cluster is shown as the shaded spaces on Exhibit A. C. Each publication shall be eligible for only one location in each cluster. A publisher with duplicative publications within any one cluster must remove one of the publications if notice is given to do so. Notice may be given by the Town and if the publisher fails to remove the duplicative publication, the publication may be removed pursuant to Section 8-6-10 of the Code. D. If sufficient space does not exist to accommodate all publications requesting space in any cluster, the Town shall give priority as to that cluster as follows: (a) First priority shall be publications that are published two or more times per week; (b) Second priority shall be given to publications that are published once per week; (c) Third priority shall be given to publications that are published once every two weeks or bimonthly; (d) Fourth priority shall be given to publications that are published once per month or less frequently than once per month.[ ---------------- ----- commettt This would give preference - to more frequent publications. E. If the above process does not resolve the conflict over newsrack allocation, the Town shall allocate available newsracks by lottery. Those publications requesting assignment in a specific location who were unable to receive such an assignment shall be placed on a waiting list. In the case of multiple applicants for a single location, after the above-referenced process is employed, the Town shall award the assignment by lottery. F. Permission to occupy a newsrack may be revoked, as set forth Section 8-6-10 Vail Town Code if the newsrack in question is not stocked with the subject publication for a period of fifteen (I5) days or more. III. Miscellaneous A. These regulations on the time, place and manner of the placement, location and maintenance of newsracks are narrowly tailored to ensure that the purposes stated in the Ordinance are implemented and limited Town property is equitably allocated, while providing ample opportunities for the distribution of news to the public. 2 B. The applicant or publisher may be required to provide the appropriate, equipment the.new publication will need as determined by the Town. See Equipment Specification. list attached hereto. C. Old or out-of-date material removed from any newsrack by any person who owns, maintains or' stocks the newsrack shall" be recycled or disposed of in 'a lawful manner. Such material shall not be disposed of on-site in any trash or recycle receptacle owned or rented by others including the Town; without the express written consent of the owner or renter of such receptacle. 3 Aim, i ORDINANCE NO. 20 SERIES OF 1999 AN ORDINANCE TO PROVIDE FOR THE REGULATION OF NEWSRACKS LOCATED, ON PUBLIC PROPERTY AND DESIGN REVIEW GUIDELINES FOR NEWSRACKS LOCATED ON PRIVATE PROPERTY WITHIN CERTAIN DESIGNATED AREAS OF VAIL VILLAGE AND LIONSHEAD. WHEREAS, the Town of Vail owns certain real property including public,right-of--way, sidewalks, parking areas, streets and other improvements in Vail Village and Lionshead; and WHEREAS, the primary intended use of this property is the movement of people and vehicles and the'rown considers these pr_,;..ues -and its interest therein to be valuable assets, which it intends to control by regulation and not have appropriated by private enterprise; and WHEREAS, the Town has an obligation to the public to ensure reasonably" unobstructed passage over City-owned and other publicly owned property in a clean, safe and orderly-manner, and WHEREAS, the Town has an interest in the aesthetic design of any i...,...,vements on its and other publicly owned properties; and WHEREAS, ina,,,...,,,riately located and designed newsracks may pose a-significant hazard and annoyance to pedestrians, adjoining land owners, and vehicles; and WHEREAS, inappropriately located or designed newsracks may interfere with the necessary and required maintenance of public improvements and public areas; and WHEREAS, inappropriately located,.designed and/or maintained newsracks can negatively impact the aesthetics of Town-owned and other publicly owned property; and WHEREAS, the uncontrolled construction, placement and maintenance of newsracks. unreasonably interferes with the public's right of safe and unobstructed passage and tends to physically and visually clutter the public right-of--way and required setbacks; and WHEREAS, such newsrack placement, construction and maintenance must.meet certain requirements of location and design in relation to the aesthetics and other uses of the Town-owned property and public right-of-way; and WHEREAS, the areas of Vail Village and Lionshead are particularly congested and important areas that require both an aesthetically pleasing and fiinctional• design, as well as the regulation of the use of Town owned and public right=of--way; and 1 WHEREAS, the Town currently regulates the use of Vail Village and Lionshead area by designation of pedestrian areas limiting motorized traffic in order to provide an orderly and safe area for pedestrians; and WiIE-RIsAS, the.Town has endorsed and contributed heavily to the beautification of the Vail Village and Lionshead areas to create an aesthetically pleasing and harmonious street scape that also functions safely and efficiendy;.and WHEREAS; the.use of street and public right-of-way for commercial enterprise. has historically been strictly limited to preserve the streets for public purposes, regulate aesthetics and efficiency, and to avoid the appropriation of public Y.,.1- ? f for private intw;,.; ; and WHEREAS, distribution of newspapers through newsracks has been a limited exception allowed in the Vail Village and Lionshead district in order to accommodate the convenience of . dissemination of the news to encourage and inform the citizenry; and WHEREAS, the Town finds that materials distributed through newsracks have other channels of distribution including, but not limited to, home or office distribution, personal, delivery, newsstands on private property and at retail outlets; and WHEREAS, the Town has no intention of regulating the content of publicationsAistributed through newsracks that is protected by the First Amendment to the United States Constitution and. by the Constitution of the State of Colorado; and WHEREAS, the Town does not intend to impose, any prior restraints on materials protected by the First Amendment; and WHEREAS,. the Town believes that certain existing newsrack locations outside of the Vail Village and Lionshead areas and on City owned and other public right-of-way should be allowed to continue in operation; and WHEREAS, the'rown finds that certain existing newsracks in Vail Village and Lionshead areas that do not comply with the provisions of this ordinance should be removed or brought into compliance within a reasonable time, as arr..p,.ate under this ordinance; and WHEREAS, the Town finds the following regulations of time, place and manner as they relate to 'the newsracks on Town-owned property and public right-of-way to be an appropriate 2 balance or the compelling governmental interests of public safety, health, aesthetics and public ownership with the competing interests of free speech. NOW THRREFORE, BE IT ORDANED BY THE CITY COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 8; Public Ways and Property of the Town of Vail Town Code is hereby amended by adding a new Chapter 6, as follows; 8-6-1: Definitions. The following words, when used in this chapter, shall have the meanings ascribed to them in this Section, except in those instances where the context clearly indicates otherwise: Lionshead: Means and includes that area of Lionshead delineated upon a map entitled "Lionshead Newsrack Boundary" and maintained in the office of the Town Clerk and generally including the area bounded on the north by the South Frontage Road west, on the cast by the Evergreen Lodge and Vail Valley Medical Center, on the south by Gore Creek and on the west by Lionshead Place. Newsracks: Means and includes any self service or coin operated box, container, rack, structure or other dispenser used or maintained for the distribution of newspapers, news periodicals, or other printed material. Public Wav: Means and includes a public street, easement, right of way, highway, alley, way, place, road, or bike path; and any non-exclusive utility easement. Public Works: The Public Works Director of the Town or designated representative. Town Manner: The Town Manager of the Town or designated ..v.,,,,;,atative. Vail Village: Means and includes that area of Vail Village as delineated upon a map entitled "Vail Village Newsrack Boundry" and, maintained in the office of the Town Clerk and generally including the area bounded on the north by the South Frontage Road east, on the east by Vail Valley Drive, on the south by the northern boundary of Track E and Parcel C and on the west by Vail Road. 8-6-2: Newsracks Regulated. It shall be unlawful to place or maintain a newsrack on property owned by the Town of Vail or on other publicly owned sidewalks or rights-of-way without complying with the provisions of this s a a, y 3' chapter regulating size, color, maintenance, location, and liability, for newsracks in Vail Village and Lionshead. 8-6-3: Newsracks Allowed Only in Sneeified Areas. A. Newsracks on Town owned property or on publicly owned right-of-way shall be lawl'ul within Vail Village and Lionshead, as those areas are defined and amended by ordinance from time to time, at specific locations approved by Public Works. Such locations must meet the following criteria: 1. Public Safety: a. 22 foot minimum street width. b. 6 foot minimum sidewalk width. c. does not block ingress/egtess of doorway, walkway, stairway etc. d. minimum distance to fire hydrant seven (7) feet to side or rear, 14 feet to front. - e. does not block or impede fire lane. 2. Pedestrian and Vehicular Traffic: a. 22 foot minimum street width. b. 6 foot minimum sidewalk width. c. does not block ingress/egress of doorway, walkway, stairway etc. d. does not block or impede parking or loading/delivery space. 3. Maintenance: r a. 22 foot minimum street width. ? b. 6 foot minimum sidewalk width. - a c. does not block access to trash receptacle, dumpster, mailbox, man hole, water valve etc. d. does not block access to flower bed or other landscape area. e. does not block or impede street sweeping, snow removal or snow, storage/loading operations. 0 4. Aesthetics: a. does not impact established view corridor or acknowledged "post card" image. b. does not visually detract from or block store front or shop window. c. does not visually block flower bed or other landscape area d. does not exceed the designated dimensions of the site. e. is not a site with a grade that exceeds 5% in any direction. B. The number of nwsrack locations in Vail Village and Lionshead is not limited by any specific number, however, all locations must meet and be consistent wish the criteria established above in Section A. C. Newsracks located within the Town of Vail outside of Vail Village and Lionshead _ may remain in their present locations subject to other relevant provisions of this chapter and code. 8-6-4: Permit Required. It is unlawful for any person to distribute or display for distribution any newsrack in the l.ionshead Newsrack Boundary or the Vail Village Newsrack Boundary without first securing a pemiit from the Town for each separate distribution location. Such permit, which will be issued by the Town Manager, shall be pursuant to the requirements of this Chapter and such Rules and Regulations as established by the Town Manager. There shall not be any rental charge or charges for the distribution locations. However, there may be cost recovery payments required for costs - - incurred by-the Town for construction of newsrack cabinets and/or distribution mechanisms. - 8-6-5' Newsrack Snecifications. - 'As established and described in the Town of Vail Development Standards. . 8-6-6: Maintenance of Newsracks. Anyone using, operating, placing or maintaining a newsrack on Town owned property or publicly owned right-of-way shall be responsible for the maintenance' and upkeep of his/her raspcetive racks. Such maintenance shall include, but not be limited to, painting, disposing of trash and debris in the vicinity of the newsrack; working operation, and adequate anchorage. Failure to adequately maintain any newsrack resulting in failure to comply with the aesthetic intentions and goals of this chapter will subject the affected newsrack to removal by the Town. 5 8-6-7: Hold harmless. Anyone owning, maintaining, placing, using or leasing a newsrack on town owned p., r^ • =Y or publicly owned right-of--way shall, indemnify, defend and hold the Town; its officers and employees harmless for any loss or damage, including attorneys'. fees, arising out ofuse, placement, maintenance, or leasing of such newsrack (s). 8-6-8: Insurance: Requirements. Anyone owning, placing, leasing, using or maintaining a newsrack on Town owned r=mar •?' or publicly owned right-of-way shall maintain liability insurance with a company insuring against all liability that the owner, lessor or user of the newsrack may incur by virtue of the placement, care, use, operation and existence of the newsraek. This insurance shall have limits of $500,000.00. The insurance shall name the Town as an additional insured and shall not be cancelable without 30 days prior written notice to the Town. In lieu of such insurance, a waiver of.such'insurance maybe obtained from the Director of Public Works upon a showing, acceptable to the Town Attorney, that such person, has sufficient unencumbered assets available for attachment and execution to satisfy any judgement that would be rendered. against it, up to and including $500,000.00. Evidence of insurance or evidence of sufficient assets, as the case may be, shall be provided to the Director of Public Works on an annual basis. Failure to comply with this provision will subject the newsrack to immediate removal by the Town. 8-6-9: Riuhts Granted. The approval of any location for use as a newsrack shall not be construed as ,,4.=::ng the user any right or interest to or in the property owned by the Town. The rights granted by this chi,:;,. are merely a license to use the property for permitted purposes, subject to the provisions of this chapter. 8-6-10: Non-Em eraencv Newsrack Removal. A. Notice. If at anytime it is determined by the Town that a newsrack is not in compliance with the requirements of this .chapter, a "Notice of Intent to Remove" shall be issued, in writing, and affixed to the effected aewsrack..Such notice will state the violation (s) that constitute the basis of the proposed removal. The notice shall contain the date, time and place for a hearing to be held 0 before removal. 6 N d ii It Nearing. The hearing shall be held not less than ten (10) days after the date of service of notice. Prior to the hearing, the newsrack owner or user may file a written response to the notice specifically setting forth the reason oureasons the newsrack should not be removed. % At the hearing, the Director of Public Works or his designee shall determine whether the newsrack complies with the provisions of this chapter. In the event the Director of Public Works or his designee finds the news rack is not in compliance with this chapter,-,the newsrack shall be removed by the owner or user within 10 days or otherwise brought into compliance. If the newsrack is not removed, as required, the Tower may consider the newsrack abandoned, remove the newsraek, and dispose of it as if it were other surplus property of the Town. C. Appeal. Any decision or order may be appealed to the Town Manager. Any appeal "shall be tiled within 10 days after the decision of the Director of Public Works or his designee and shall specify the basis of the appeal. The Town Manager shall consider the appeal on the written submissions only. 8-6-11: Emereenev Newsrack Removal. A. Removal. In the event that it is determined by the Town that the location or vFQI.tioil of the newsrack constitutes an immediate physical threat to public life, safety, or health, the newsiack may be removed by the Town immediately without any prior notice or hearing. This provision shall not be enforced in any way related to the content or expression of the material distributed by the newsrack. B. Notice and Hearing. In the event of such an emergency removal, the Town shall .immediately' contact the newsrack's owner or user, if know, and inform the .,. ,. ,sentative of the removal and the reason (s) therefore. If requested by the.;,.,acntative, the Town shall hold an immediate hearing before the Director of Public Works or his designee to determine whether or not the removed newsrack constituted an immediate threat to the public's life, safety, and health, In the event the Director of Public Works or his desipree determines that the newsmck did not constitute such an immediate threat, the Town shall immediately, at its own expeme,:replace the newsrack to its original location. In the event that no immediate hearing is requested by the newsrack's owner or user, a hearing as provided in Section 8-6-,k above shall be held. rs . y 7 C. Appeal. Any decision or order may be appealed to the'1'own Maitagcr..Any appeal shall be tiled in writing within ten (10) days after the decision of the director Public Works or his designee and shall specify the basis for the appeal The Town Manager shall consider the appeal based on the written submissions only. 8-6-12: Unauthorized newsracks. Any newsrack on town-owned property or publicly-owned right-of-way, except those that comply with the regulations of this chapter, shall be impounded by the Town without prior notice . or hearing. The Town shall take reasonable efforts to determine the owner of the newsrack and shall notify the owner of the impoundment. The owner of any impounded newsrack shall be responsible for the expense of removal and storage of such newsrack. If the owner(s) fail. to reclaim the .impounded newsrack and pay the expenses of removal and storage within thirty (30) "days after notice of impoundment, the newsrack may be deemed unclaimed property and may be disposed of in the same manner as other unclaimed or surplus Town property. 8-0-1.1: Non-comnlvine desiens Ncwvsracks located in Vail Village and/or Lionshead must comply with the provisions of this ordinance, including design and review guidelines, no later than newsrack cabinet installation sequence which will begin in the Village in September, 1999 and conclude in August, 2000. The cabinet installation sequence is kept.on file in the Department of Public Works. Failure to comply by the dates indicated on the installation sequence calendar will result in the immediate removal and disposal of any non-complying newsrack by the Town. Section 2. w If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council"hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts; sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The 't'own 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. 8 -; 1 Section 4. T1ie repeal or the repeal and re-enactment of any provisions of the Vail Municipal 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 repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section S. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. The repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of August, 1999, and a public hearing shall be held on this Ordinance on the 7th day of September, 1999 at 7:00 p.m. in the Coun hambers of the Vail Municipal.Building, Vail, Colorado,: +•,.::.:... ` . ',z Robert E. Ford, Mayor ATTEST: ' U V46 D naldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDE PUBL D 1 , X? this 7th day of Septerpbc,'.14 ,9. 1 : ; d L OLobert E. ord, Mayor A'ITEST: CO<0 A0 Lot'dei Donaldson, Town Clerk cA4vinm%91).20 9 It MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 18, 2008 SUBJECT: Second reading of Ordinance No. 23, Series of 2008, an ordinance amending Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in Lionshead, and setting forth details in regard thereto. Applicants: Town of Vail and Vail Resorts, Inc., dba Arrabelle at Vail Square L.L.C. Planner: George Ruther 1. SUMMARY The applicants, the Town of Vail and Arrabelle at Vail Square L.L.C, are requesting a second reading of Ordinance No. 23, Series of 2008, to amend Chapter 12-22, View Corridors, Vail Town Code, pursuant to Section 12-22-4, Adoption of View Corridors and Section 12-22-5, Amendments, Vail Town Code, to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. The two new view corridors are identified as View Corridors #4 and #5, in the Lionshead Redevelopment Master Plan and the amended view corridor is identified as View Corridor #2 in the Master Plan. A copy of the proposed Ordinance No. 23, series of 2008, is attached for reference (Attachment A). II. BACKGROUND On October 13, 2008, the Planning and Environmental Commission voted 3-0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto. Staff has attached the memorandum to the Planning and Environmental Commission dated October 23, 2008, which contains a complete description of the request, background, and the review criteria for this request (Attachment B). On October 21, 2008, the Town Council unanimously approved the first reading of Ordinance No. 23, Series of 2008. III. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 23, Series of 2008, on second reading. IV. STAFF RECOMMENDATION The Community Development. Department recommends that the Vail Town Council approves Ordinance No. 23, Series of 2008, on second reading. With the following findings: a. "That the proposed and amended view corridors protect and perpetuate views from public pedestrian areas, public ways, or public spaces within the Town which foster civic pride and are in the public interest for the Town. b. That the proposed and amended view corridors protect and, enhance the Town's attraction to residents, guests.and property owners. C. That the proposed and amended view corridors protect views which are commonly recognized and, have inherent, qualities which make them more valuable. to the Town than other more common views. . d.. That. the. proposed -and amended view corridors are consistent with the Cionshead - . Redevelopment Master'Plan and Title 12, Zoning, of the Town Code, and furthers a legitimate Town interest" V. ATTACHMENTS A. Ordinance 23; Series of 2008 ORDINANCE NO. 23 SERIES 2008 AN ORDINANCE AMENDING CHAPTER 12-22, VIEW COORIDORS, VAIL TOWN CODE, TO ADOPT TWO NEW VIEW POINTS AND AMEND ONE EXISITNG VIEW POINT IN LIONSHEAD, AND Sri i iNG FORTH DETAILS IN REGARD THERETO. WHEREAS, On May 20, 1997, recognizing the importance of visual connections to the surrounding environment, the Town Council approved the use of the existing Town of Vail view corridor ordinance to designate the first protected public view corridors in Lionshead.; and, WHEREAS, on September 27, 2004, the Town of Vail Planning and Environmental Commission approved a major exterior alteration application for the redevelopment of the Vail Associates core site property. In approving the application, the Commission placed a condition on the approval requiring the applicant, Vail Resorts, Inc., to submit an application to the Town of Vail Community Development Department for the creation of two new view corridors and one amended view corridor upon the completion of the Arrabelle at Vail Square project; and, WHEREAS, on October 13, 2008, the Planning and Environmental Commission voted 3- 0-1 (Pierce abstained) to forward a recommendation of approval to adopt two new view corridors and amend one existing view corridor in Lionshead, pursuant to the recommendations outlined in Chapter 4, Recommendations-Overall Study Area, Public View Corridors, Lionshead Redevelopment Master Plan, and setting forth details in regard thereto; 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 IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 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 Development Standards, based upon. Section IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 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 IV of the Staff memorandum dated October 13, 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 IV of the Staff memorandum to the Planning and Environmental Commission dated October 13, 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. 23, Series of 2008, second reading Section 1. Section 14-10-7, Outdoor Lighting, Vail Town Code is hereby established as follows (text to be deleted is in SFi/4G'}F90, text that is to be added is bold. Sections of text that are not amended have been omitted): View Point #8: Aview from the pedestrian plaza at the east end of the Lifthouse Lodge (555 E. Lionshead Circle) looking south directly up the gondola lift line. 1. Purpose: To protect the.views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map: Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #8: A 2'/:" diameter aluminum monument, flush in brick pavers, stamped View 8. 4. Backsight: A 2* %" diameter aluminum monument, which bears S84°22'18"W a distance of 164.53 feet. Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main entrance, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #8: 5.03 feet (to match previous height before streetscape). 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As Of July 8, 2008 267°00'33" 79°08'15" A-! Intersection. of the horizon with a vertical line defined by,the southerly roofline on the Vail Lionshead Centre Condominiums, 520, E. Lionshead .Circle. 266°52'31" 85°10'55" B - Intersection of a 'lower roof at the westerly and the westerly building wall of the Vail Lionshead Centre Condominiums. 268°09'29" 85°55'59" C Westerly end of the lower roof- on the westerly end of the Vail Lionshead Centre Condominiums. 267°50'34". 8704640" D - Intersection of the red awning and the westerly wall of the Vail Lionshead Centre Condominiums. 269°10'34" 87°51'15" E - Top westerly corner of red awning. 269°10'34" 88°28'56" F-'- Point of intersection of the red awning and the main level roof line on the westerly end of the Vail Lionshead Centre Condominiums. 271°54'54" 88°28'56" G - Point of intersection of a line projected from View Point F across the Eagle Bahn Gondola ski yard to the support post of 2 Ordinance No. 23, Series of 2008, second reading the sloped roof of the terrace on the 1St level along the east side of the Arrabelle at Vail Square. 281°17'48" 87°51'18" H - Underside intersection of sloped roof and the support post of the terrace on the 1St level on the east side of Arrabelle at Vail 280°52'19" 87°46'16" Square. I - Underside of sloped roof of the terrace on the 1St level on the 280°42'31" 87°2436" east side of Arrabelle at Vail Square. J - Top edge of overhang/beginning of sloped roof of the terrace at the 1St level on the east side of the Arrabelle at Vail 281 °30'24" 87°06'00" Square. 281°31'32" 79°3T37" K - Intersection of sloped roof of the terrace at the 1St level and the east wall of the Arrabelle at Vail Square. 281°09'32" 79°02'30 L - Intersection of the east wall of the and the bottom outer edge of the concrete deck on the 6th level of the Arrabelle at Vail Square. M - Top outer edge of concrete deck on the 6th level of the Arrabelle at Vail Square. O - Line projected from Viewpoint M straight up to the horizon line of Vail Mountain. The following are permitted within View Corridor #8: Drain pipes; roof snow fences; street lights; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; Lot 6, Block 1, Vail Village Third Filing. 3 Ordinance No. 23, Series of 2008, second reading View Point #9 A view from the top west stair above the ice rink of the Arrabelle at Vail Square looking south across the pedestrian mall of the Arrabelle at Vail Square towards the Eagle Bahn Gondola. 1. Purpose: To protect the views of Vail Mountain from the core of the. Lionshead area. 2. Survey Control:. Based on published material from town of Vail GPS control map. Points Spraddle and 1766 were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #9: A 2 %" diameter aluminum monument, set at the center of the top ofthe west stair above the ice rink of the Arrabelle flush in pavers, stamped View 9. 4. Backsight: A 2'/2" diameter aluminum monument, which bears S84°22'18"W a distance of 164:53 feet- Located flush on top of the stone wall running east to west in front of the Montauk Deck east of the main e, it, once, stamped CP Montauk. 5. Height Of Survey Instrument Above View Point #9: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of June 1, 2008 67°13'19" 83°39'37" A - Intersection of underside of the pedestrian bridge and the east wall at the 3rd level 67°13'16" 84°01'27" B - Intersection of east wall and sloped roof at the 3"' level 68°58'53 , 84°34'10" C - East end of sloped roof / Top of deck railing at the 3rd level 68°58'15" 86°49'52 D - Underside of outermost edge of terrace on'the east side of the 3rd level 68°1.9'45" 86°54'20" E - Intersection of east wall and underside of terrace of the 3rd level 68°19'36" 90052'16" F - Angle point in east wall 68°51'23" 94°34'30" G - Intersection of east wall at ground level 71 °35'08" 93°11'36"' H - Intersection of west wall at ground level 71°40'40" 91°48'13" 1- Angle point of west wall 72°18'05" . 90°07'47" J -Angle point of west wall 72017'49" 89°39'20" K -Top of the great room terrace wall at the 2nd level 74°14'07" 89032'05 L -Intersection of the great room terrace wall at the 2nd level and 4 Ordinance No. 23, Series of 2008, second reading the east side of the outdoor fireplace chimney in the pedestrian plaza 74°36'40" 87°55'34" M - Angle point of the east side of the outdoor fireplace chimney and the intersection of the underside of sloped roof overhang at the 2nd level 74°09'55" 87°56'16" N - Underside of sloped roof overhang at the 2nd level 73°52'09" 87°36'45" O- Top side of sloped roof overhang for the 2nd level 74°36'25" 86°58'15" P - Intersection of sloped roof for the 2nd level and the fireplace chimney 74°32'38" 84°09'29" Q - Top east side of the fireplace chimney 76°31'13" 83°5923" R - Top west side of the fireplace chimney 76°28'06" 86°17'44" S - Intersection of the west side of the fireplace chimney and sloped roof for the 2nd level 78°20'42" 85°21'48" T - Intersection of sloped roof and dormer overhang at the 3rd level 78°58'36" 83°28'40" U - Intersection of dormer overhang at the 3rd level and the underside of the pedestrian bridge The following are permitted within View Corridor #9: Above ground pedestrian bridge connecting buildings; maypole and attachments; signs attached to the building; umbrellas located on decks, skier bridge and appurtenances; menu boards; movie screens; decorative outdoor lights/lighting; railings defining restaurant decks; flower containers; directionalldirectory signs; trash containers; bollards; roof snow fences; street lights; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing; Units A and B, Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4, Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; 5 Ordinance No. 23, Series of 2008, second reading View Point 410: A view from the top of the stairs east of the Landmark building looking south directly up the Eagle Bahn Gondola lift line thru the Arrabelle at Vail Square to the horizon line of Vail Mountain. 1. Purpose: To protect the views of Vail Mountain from the core of the Lionshead area. 2. Survey Control: Based on published material from Town of Vail GPS control map. Points Spraddle and 1766, Were used for this survey. Bearings reported below are tied to this control. 3. Instrument; View Point #10: A 2 %" diameter aluminum monument, located 25 feet North Wesf of the top step east.of the Landmark building in the grass, near the bend in the sidewalk heading toward the North Day Lot, stamped View 10. 4. Backsight: A 2'/Z" diameter aluminum monument which bears S10°14'26"E a distance of 1.71.51 feet. -Located on the top of the west stair above the ice rink of the Arrabelle at Vail Square flush in pavers, stamped View 9. 5. Height Of. Survey Instrument Above View Point #10: 5.20 feet. 6. Table: Horizontal Zenith Angle Angle Foresight Point On Photo As of -June 1, 2008. 350°36'14" 79°31'45" A - Intersection of roof line ofthe 7"' level and evergreen tree 353°22'18" 79°23'31" B - West edge of roof line of the 7t' level 353°35'53" 80°22'46" C`- Point along the sloping overhang roof line and a line projected from the top of -the ball on.the finial cap at the r level 354°19'54" 80022'46" 354°19'54" 81°11'30" D - Line intersection projected from Viewpoint,C and a line from the west edge. of the finial cap on at the 7th level. E - Intersection of west edge of the finial-cap and the covered outside terrace curved roof line at the 7t' level. 355°31'32" 81°3933" F - Intersection of the covered outside terrace. curved roof line and the air louver on the west side of the 7th level 355°58'38"-'81°39'33" G -West outer edge of air louver on covered outside terrace curved roof line along the west wall of the 7th level, 356°06'33" 85°03'26" H - Intersection of the 7t' level west wall and the top of terrace railing at the 6 h level 357'08'18" 85°15'26" 1- West outer edge of the top terrace railing at the 6t' level 6 Ordinance No. 23, Series of 2008, second reading 357°10'48" 85°53'17" J - West outer edge at the bottom of the decking for at the 6d' level 356°05'50" 86°25'18" K - Intersection of the plaza area east wall and the bottom of the decking at the 6t' level 356°04'55" 87°47'08" L - Intersection of the plaza area east wall and the sloped roof 356°25'23" 88°07'16" M - West outer edge of sloped roof 356°04'55" 88°23'50" N - Intersection of the plaza area east wall and the underside of the sloped roof 356°05'50" 89°15'05" O - Intersection of the plaza area east wall and the top of the pedestrian bridge 02°45'18" 89°14'43" P - Intersection of the pedestrian bridge and the eastern point of the dormer roof line for the Td level 02°45'18" 89°07'46" Q - Top eastern point of the dormer roof line of the 3rd level 03°35'07" 89°07'14" R - Intersection of the dormer roof line at the 3rd level and the stucco support column for the terrace for the 3rd level 03°35'07" 89°02'37" S - East corner of stucco support column for the 3rd level 03°43'19" 89°01'45" T - Intersection of wood support post and the top base of stucco column for the 3rd level 03°43'19" 88°15'55" U - Underside of sloped roof overhang for the 3rd level roof overhang 03°11'51" 88°01'36" V - East outer edge of sloped roof overhang for the 3rd level roof overhang 04°06'01" 85°17'14" W - Top east edge of roof line for the 3rd level roof overhang 06°47'20" 85°22'54" X - An intersection point of a line projected along the roof line for the 3rd level and a line projecting down from the underside of the 5"' level deck 06°47'20" 83°33'42" Y - Top east edge of the terrace railing at the a level 07°35'22" 83°33'18" Z - Intersection of a line projecting along the top edge of the terrace railing at the 5d' level to a point on the concrete terrace patio at the 6"' level 08°02'43" 78°52'04" Al- A line projected from the described point in Viewpoint W to the east outer edge of the roof line at the 6d' level 09°32'54" 78°52'04" 131 - An Intersection point of a line projected along the 6th level roof line and the copper gutter of the clock tower 09°57'53" 76°04'24" C1 - A line projected from the described point in Viewpoint Y to the eastern edge of the slopped roof line of the turret for the 6"' level 7 Ordinance No. 23, Series of 2008, second reading The following are permitted within View Corridor #10: Drain pipes; snow cable clips; flower boxes; roof snow fences; decorative outdoor lights/lighting; ski lifts/tows and appurtenances; ski area installations and appurtenances, e.g., signs, fencing; other items not comprising the structure of the building; all structures permitted under the Town of Vail Town Code contained within the following described parcels: Parcels A and B, Lot 1, Block 2, Vail Village Sixth Filing;. Units A and B,'Lot 5, Block 4, Vail Village Third Filing; Lot 4, Block 4; Vail Village Third Filing (aka Beaver Dam Condominiums); Parcels A and B, Lot 1, Block 1, Vail Village Sixth Filing; Units 1 and 2, House in Forest Condominiums; Parcels A and B, Lot 3, Block 1, Vail Village Sixth Filing; Lots 1 and 3, Forest Place Subdivision; - Lot 6, Block 1, Vail Village Third Filing. 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 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 or by virtue. of the provision amended: The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part. thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED,.. AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21*'t, day of October, 2008 and a public hearing for second reading of this Ordinance set for the 18t' , day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 8 Ordinance No. 23, Series of 2008, second reading J ORDINANCE NO. 24 Series of 2008 AN ORDINANCE APPROVING 'A HOLY CROSS UTILITY EASEMENT WITHIN THE TOWN OF VAIL OPEN SPACE LOCATED BETWEEN MATTERHORN CIRCLE AND UPPER MATTERHORN CIRCLE; 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 Open Space between Matterhorn Circle and upper Matterhorn Circle, as shown in the attached Exhibit A, currently has electrical overhead lines even though a utility easement agreement has never, been entered into between the Town and Holy Cross Energy ("Holy Cross"); and WHEREAS, at the request and cost of a private homeowner, Holy Cross desires to bury the current overhead electrical lines; and WHEREAS, the Town desires to dedicate a utility easement for that portion of Open Space owned by the Town; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to. enter into a utility easement agreement with Holy Cross for the Town Open Space between Matterhorn Circle and upper Matterhorn Circle. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Council hereby approves and authorizes the Town to enter into the utility easement with Holy Cross, in substantially the same form attached hereto as Exhibit A for illustrative purposes and kept on file in the office of the Town Clerk. 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 4. The Council hereby finds, determines and declares that this Ordinance is necessary and proper for the health, safety and welfare of the' Town of Vail and the inhabitants thereof. Ordinance No. 24, Series 2008 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4t' day of November, 2008, and a public hearing for second reading of this Ordinance set for the 18t' day of November, 2008, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 1 e day of November, 2008. Richard Cleveland Town Mayor Attest: Lorelei Donaldson Town Clerk Ordinance No. 24, Series 2008 HOLY CROSS ENERGY UNDERGROUND RIGHT-OF-WAY EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION (hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150; Glenwood Springs, Colorado (hereinafter called *Grantee") and to its successors and assigns, the right of reasonable ingress and egress across lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows. A parcel of land located 'in Section 12, Township 5 South, Range 81 West of the 6' P.M., as more fully described in that deed recorded by Reception No. 195612, in the records of the Eagle County Clerk and Recorder's Office, Eagle, Colorado. Arid, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon an easement described as follows: An easement containing underground power lines with above ground pad-mounted equipment as constructed, the location of said easement upon the above described property is shown on Exhibit A attached hereto and made a part hereof by reference. The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within the easement described herein. It shall be the Grantor's responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed hereunder on said real property are accessible by Grantee's boom trucks and other necessary equipment and personnel at all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and transformer vaults, nor along the, power line route between the vaults. The ground surface grade at said transformer and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and accessible at all times. Improvements, landscaping' or any other objects placed in the vicinity of said transformers and switchgear shall be located so as not to hinder complete opening of. the equipment doors. The ground surface within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other obstructions. Impro% -s, landscaping and other objects will be kept a, minimum of four (4) feet from non-opening sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections will be made at the sole cost and expense of Grantor. Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the:above described use of the easement,. the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees,that landscaping or other surface . improvements added on said easement after the date of execution hereof will be minimized and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by exercise of its rights granted by this easement. Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee, and shall be removable at the option of Grantee. Grantor covenants that it is the owner of the above described lands and that the said lands are free and clear of encumbrances andliens of whatsoever character, except those held by the following: TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges appertaining thereto, unto Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed an this day of 20 The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that it has full power and authority to sign, execute, and deliver this instrument. TOWN OF VAIL, COLORADO, A MUNICIPAL CORPORATION By: STATE OF ) ss. COUNTY OF 1 Mayor The foregoing instrument was acknowledged before me this day of . 20 by as Mayor of the TOWN OF VAIL, COLORADO, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Address: W/0#08-20550:51-49:Parkside Villas L6 Riser Move:5-20-08 08-20550 Tcv N Revised 9-14-04 EXHIBIT A LEGAL DESCRIPTION A 10.0 FOOT WIDE EASEMENT LYING 5.0 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, LOCATED WITHIN A PART OF NE 14 OF THE SW'/,, SECTION 12, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE CH P.M., COUNTY OF EAGLE, STATE OF . COLORADO, THE SIDES OF SAID EASEMENT LENGTHEN OR SHORTEN AT THE BOUNDARIES, SAID CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST.CORNER OF PARKSIDE VILLAS - PHASE II, AS DESCRIBED IN THE OFFICE OF.THE EAGLE COUNTY CLERK AND RECORDER AT RECEPTION No. 200816850, WHENCE THE SOUTHEAST CORNER OF SAID PARKSIDE VILLAS - PHASE 11 BEARS S 8493876"E A DISTANCE OF 145.56 FEET FORMING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE SOUTH LINE OF SAID PARKSIDE VILLAS PHASE II S 8403826-8 A DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGINNING. . THENCE DEPARTING SAID, SOUTH LINE OF PARKSIDE VILLAS-PHASE II THE FOLLOWING SIX (6) COURSES: 1) S.05-16-13'1 E A DISTANCE OF 7.36 FEET; 2) S 0003170 WA DISTANCE OF 26.67 FEET; 3) S 09° 1'4'06" WA DISTANCE OF 28:37 FEET; '. 4) S 1302956" WA DISTANCE OF 24.14 FEET;. ' 5) S 02043'53" W A DISTANCE OF 16.59 FEET; 6) S 5203712" W A DISTANCE OF 11.64 FEET TO THE POINT OF TERMINUS. SAID PARCEL CONTAINING 0.026 ACRES MORE OR LESS. . BRENT BIGGS PLS#27598 FOR AND ON THE BEHALF OF PEAK LAND CONSULTANTS, INC. P:\1600-1699\1633\doc\Exhibit-Holycross Easement.doc PARKSIDE VILLAS (RECEPTION No. 579314) oCENTER 1/4 CORNER ' SECTION 12 "o PARKSIDE VILLAS PHASE II (RECEPTION No. 200816850) P.O.C T. P. 0. B. S84'36'26 "E - 145.56' (BASIS OF BEARIN' 10.40' . I N I 1~ . Iwl J n CJ O - ' p ?- 5.0, V N r rn Z co 1 r+? w r OF DESCRIBED W X z 10.0' WIDE EASEMENT cl: o ? ?S.p U Q a (Y UNPLATTED c? 3 to 9?, (RECEPTION No. 195612) z o. ?n I = LO I I O p LLI 'o F- Q P.O.T. ? I , 4 \ 7 9 LINE TABLE LINE LENGTH BEARING 1 SCALE: > "=30' E1 .7.36 S05'16'13"E J 1 E2 1 .26.67 SOO'31'24"W I E3 1 28.37 I S09'14'06"W. _ .. 1 E4 I 24.14 S1 3'29'56"W - ' I E5 I 16.59 s02.43'53"w EXHIBIT A - HOLYCROSS EASEMENT o, I E6 I 11.64 1 552'37'12"W UNPLATTED LAND TOWN OF VAIL :.._..:, rur Z®09 RopOsVD 2008 NO second Town of Vail Proposed 2009 Budget Table of Contents 2009 Budget Highlights 1 This is a verbal summary of the key assumptions, changes, and results of the 2009 ?,..,r.osed Budget. General Fund Revenue and Expenditures 7 This schedule shows the major revenue and expenditures by category in the General Fund for 2008 compared with 2008. Capital Projects. Fund Revenue and Expenditures 9 This schedule shows revenue by type and expenditures by project in the Capital Projects Fund for 2007, 2008 and proposed 2009. Real Estate Transfer Tax Fund Revenue and Expenditures - 12 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2006, 2007 and proposed 2008. Marketing Fund Revenue and Expenditures 14 Debt Services Fund and Expenditures 14, Heavy Equipment Fund Revenue and Expenditures 15 Health Insurance Fund Revenue and Expenditures 15 Dispatch Services Fund Revenue and Expenditures 16 Conference Center Fund Revenue and Expenditures 17- TOWN OF VAIL 2009 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2009 budget proposal presented in this document reflects the town's vision to be the premier mountain resort community and conforms to the areas of strategic focus as identified by the Town Council: • Housing • Parking and Transportation • Environmental Stewardship During the budget process, there was also an emphasis placed on organizational health as it relates to housing for critical municipal employees, service levels and competitive salaries. Consideration of state and national economic trends caused by fuel prices, real estate markets, declining consumer confidence and an overall "slow-down" factored into revenue and expenditure projections. The only change to the budget ordinance since the l reading is the change in. the sales tax "split" between the General Fund and the Capital Projects Fund from 65/35 to 61/39, resulting in additional income to the Capital Projects Fund of $750,000 per Council's direction on November 4th. GENERAL FUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget is breakeven for the year. The fund balance. is.projected to be $21.7 million at the end of 2009, representing_69% of revenue. 35% was the Council directive in prior years as the minimum fund balance during redevelopment. REVENUE - $31,396,236 The General Fund's primary source of revenue is sales tax ($12.6 million) followed by parking ($5.7 million), property and ownership tax ($4.3 million), and lift tax ($3.2 million). Sales Tax - $11,860,000 In this budget proposal, 61% of the town's 4% general sales tax is allocated to the General Fund. The remaining 39% is allocated to the Capital Projects Fund. This split was adjusted from a 65135 split based on Council's direction on November 4`h, with the intent of transferring_ $750,000 of additional fanding_to the Capital Projects Fund. By Charter, approval of this budget will require an affirmative vote by five out of seven Council members (a super majority) because less than 50% of the sales tax revenue will be dedicated to capital acquisition and improvements. Sales tax revenue is impacted by many variables including: snow conditions, the number of days Vail Mountain is open; local and international travel conditions; construction activity in Vail; and the economy in general. In light of current economic conditions, 2009 sales tax revenue is7projected to be flat with the 2008 budget. This is a change from the 2.7% increase presented in June. As of September 30; 2008, total sales tax collections are currently. over budget by 3.5% and 6.3% higher than 2007 collections. Sales tax collections are projected by using two categories: "base collections" and "redevelopment." The "base," or normal sales ;tax revenue was reduced by 3% for 2009 compared.to 2008 budget. Projected collections from redevelopment bring up the total dollars to the same amount as prior year. Pleaserefer to page 7 for the Major Revenue Analysis worksheet, which has been updated since-the June 17 presentation. Transportation / Parking - $5,680,744 Parking revenue from both daily fees and pass sales is budgeted at an 11% increase from 2008 projections. Volume of sales is assumed flat with `07/'08 winter, with the increase due to receintly-approved pricing. Property and Ownership Tax.- $4,293,500 Property tax is estimated based on information from the Eagle County Assessor's Office. The 2009 tax collections are budgeted flat with 2008 because it is not a re-assessment year (every two years). Lift Tax $3,190,000 This is a 4% tax on ski area admissions.. Historically, this revenue has increased an average of 4% per year for the last 5 years. Again, due to economic conditions and Vail Resort's conservative. revenue projections this has been proposed at an increase of 2% from the 2608 budget, and flat with the 2008 forecast. Due to strong spring sales, 2008 collections are currently.6.8% higher than 2007 and 3.5% higher than budgeted. It is difficult to predict how the new EPIC pass sales will affect tax collections. Licenses and Permit Fees - $1,755,200 The largest component-of licenses and permits is construction permit fees, which includes building; mechanical, plumbing, and electrical permits. The 2009 budget for construction permits totals $958;000 (a:43% decrease from projected 2008). Only one . major redevelopment project is included (Fogata/Strata). Plan check fees represent an additional $500,000 of the license and permit fee. category in 2009, with design review; Planning & Environmental Commission (PEC), contractor's licenses, liquor licenses and various other categories making up the remainder. Plan check fees are proposed.at a 36% decrease ($285K) from the 2008 budget. Again, there is only one major redevelopment project included. EXPENDITURES - $31,358,673 During the budget process, the town manager directed the following goals: • . Limit of 3% for increases to operations other than compensation and fuel e 6%.performance-based merit pool for salaries & wages • Maintain benefits cost at 40% or less of full-time employee total wages 2 All three goals were met or exceeded. Recognizing that some costs are out of our control, the department heads came in flat (goal was 3%) compared to amended 2008 budget for operating expenditures without compensation or fuel. The departments were able to cover increased service levels, such as operating costs from expanded snowmelt areas and new loading and delivery facilities without an increase to general operations. Charges to the departments for fleet maintenance increased-15% due to fuel costs. Wages are proposed at a 6% increase (see page 10 for a compensation analysis), and the cost of benefits for full-time employees came in under the goal and overall decreased by 1.2 percentage points for a total of 35.6% of wages (page 14). A "mini-med" health insurance program was budgeted at a cost of $20,000 to provide a health insurance option for our seasonal employees. Two new items are proposed for the 2009 budget: planning projects such as a comprehensive master plan, housing strategic plan, zoning regulation updates and the development of green building codes and the Employee Home Ownership Program (EHOP) pending Council's approval. - Upon preliminary budget discussions on October 7, Council asked staff to reduce operating expenditures in the General Fund by $900,000. On October 21, 2008, staff presented cost-saving options to Council for that amount, including a $200K reduction of new program's/projects: Employee Home Ownership Program (EHOP) :was reduced from $500K to $375K and planning projects were reduced from $235K to $160K. 11 ear er=versions:o -_ „s reportfwere'.s_ ownsearate 547K of savings in general operating costs and a $150K reduction of council contributions were also suggested. This proposal was accepted by Council, with a change to contributions to non-profit organizations: Council directed staff to reduce proposed contributions by 10%, except for Commission on Special Events and Channel 5 TV funding. This resulted in a cost savings of $50,525. Total savings from the General Fund included in the November 4th proposal totaled $787,563. Headcount, is broken into two categories: changes due to expanded (or discontinued) services and personnel additions approved during the year / accounting corrections. Headcount due to changes in service levels decreased by .73 full-time equivalents (FTEs). Some of the decrease is due to vacant positions that will not be filled. Also related to service levels were the additions of a seasonal recruiting coordinator, the conversion of 2 bus drivers from seasonal to full-time and a summer intern for the Community Information office, Headcount due to adjustments or personnel additions approved during 2008 totaled 4.93 r' 1 is to the headcount chart, but do not represent additional staff. Please refer to the "Summary of Changes in Personnel" on page 7. Economic Outlook Staff has identified several strategies if the town's revenues do not meet budget in 2009. .Revenue, particularly sales tax and real estate transfer tax, is monitored monthly and a projected shortfall will be recognized quickly. Depending upon the timing and magnitude of the projected shortfall, one of the following strategies or a combination of several strategies could be implemented: reduce the General Fund balance (currently at 70% of annual revenues), but not below the targeted 35% of revenue; defer capital expenditures; review the need for fixed-term positions and contractors supporting redevelopment activity; reduce council contributions and/or do not consider any off-cycle contributions; reduce service levels including bus schedules, landscaping, street cleaning, trash removal, etc.; and re-evaluate merit increases. CAPi i AL PROJECTS FUND REVENUE - $10,195,300 Sales tax is a primary revenue source for capital projects. For 2009, $7,540,000.or approx_inately_ 39% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. The original budget proposal included a 65/35 split,.but this was amended upon first reading: Use Tax collections are projected at $1 M. This estimate includes normal construction activity such as small remodels, etc. No major redevelopment projects are included. Federal r,.a.A revenue of $1.4M is included, however that money is restricted to use toward a transit center and is offset by the same amount of expenditure, currently shown as a transfer to the Vail Reinvestment Authority. EXPENDITURES - $8,455,355 In addition to ongoing capital maintenance of $3.4M, noteworthy projects for 2009 include: • An increase in the Buy Down Program funds to $500K (up from $100K annual) • Installation of permanent variable message signs at the Main Vail roundabout and on the frontage road near Four Seasons, while the opportunity exists during construction near those sites. Cost estimated at $160K. Another $20K is requested for mobile variable message signs to be used at various locations for pass closures, parking information, etc. Following budget discussions on October 21, capital expenditures were reduced by $2.4 million, including the delay of $2.2M of road reconstruction for Vail Valley Drive until 2010 and elimination of the $250K annual allocation for a future I-70 Noise project (project balance is now $1M). As a result of these savings and the revised sales tax revenue "split", the Capital Projects Fund is now projected to have a fund balance of $19M at the end of 2009. REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $6,920,825 The primary revenue source for this fund is the I% real estate transfer tax, accounting for $6,241,000 in projected revenue for 2009. Base transactions (not related to major redevelopment projects) are projected at a 25% decrease from 2008. $33M of revenue is projected for sales relating to major redevelopment projects such as Four Seasons, Manor Vail, Willows, and continued sales of Front Door. Total RETT 4 collections are proposed at a 13.7% decrease from 2008 amended budget. This is a change from the 4.4% decrease presented in June. Please refer to page 7 for the updated Major Revenue Analysis. Revenue from the golf course lease ($120K) will be set aside into a restricted account for future use toward improvements related to the golf course or clubhouse, called the "Recreation Enhancement Account." The town will finance the Vail Recreation District's (VRD) portion of anew irrigation system ($1.6M) over a 5-year period, and 2009 revenue includes the first repayment installment of $352K the VRD. EXPENDITURES - $9,071,970 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. In addition to ongoing capital park and landscape maintenance items of $2.3M, noteworthy projects for 2009 include: • Improvements to VRD-managed assets totaling $4.4M, This does not include the $1.6M in financing provided to the VRD for the irrigation system replacement. Significant projects other than the irrigation system include improvements to the golf clubhouse, starter shack, roof replacement for Dobson, tennis court repairs, and ADA access for both.the clubhouse and youth services facility. • Continuation of Forest Health projects ($265K) • Environmental Sustainability programs ($255K) Following budget discussions on October 21, capital expenditures were reduced by delaying $3.2 million of projects until 2010, specifically $1.1M in frontage road bike lanes, $13M for a new bike path along Vail Valley Drive (coordinated with road. reconstruction), $130K for a concrete "apron" around Main Vail round-about and $670K to reconstruct Ford Park restrooms. As a result, the RETT Fund is now projected to. have a fund balance of $4.8M at the end of 2009. VAIL MARKETING.. FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be flat with the 2008 budget as new businesses offset closures from redevelopment. Accordingly, expenditures for marketing through the Commission on Special Events (CSE) are flat at $280,000. DEBT SERVICE FUND This fund is used. to manage principal' and interest on the town's outstanding debt. Funds are transferred from the Capital Projects Fund to meet annual debt service requirements and to cover the next upcoming principal and interest payments on the 1998A and 2002B bonds. All debt (principal balance of $8.4M at 12/3.1/08) is scheduled to be repaid by the end of 2012. 5 HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than' buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. After October 21, the charges back to the departments relating to fuel / motor oil costs were reduced by approximately $215K relating to price adjustments and $50K relating to a reduction usage town-wide (other than bus service). ; Another $5,900 was reduced from general operating expenses. HEALTH INSURANCE FUND. This internal services fund manages the costs of providing health and short-term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self-insured on these items, a sufficient fund balance is maintained to absorb extraordinary, claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. DISPATCH. SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The county and 911 Board currently fund six dispatcher positions and a systems engineer. A capital request for 2009 is included in the proposed budget: The "Coplink" system would allow the town to participate in an "information sharing consortium" with all other agencies within the state. This would-provide coordinated data of all criminal justice information state-wide. Total cost is'estimated at $85,000 (pre=negotiations). This cost may be offset with funding from-both a federal grant and the E911 Board Authority. The remaining $50,000 of capital expenditure is the annual amount appropriated for computer and equipment upgrades, etc. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a .5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. A TABOR election is required to release Conference Center funds for any purpose. The'f ind balance is projected to be $9.7M by the end of 2009. 6 2nd Reading TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2008 2008 2009 Fav (Unfav) 2007 Original Amended . Proposed vs 2007 °r6age Actual Budget Budget Budget Amended Variance . Revenue Local Taxes: Sales Tax Split b/t Gen'I Fund & Capital Fund 56/44 60/40 60/40 61/39 Sales Tax $ 10,741,500 $ 11,640,000 $ 11,640,000 $ 11,860,000 I $ 220,000 1:9% Property and Ownership 3,012,030 3,843,500 4,293,500 4,293,500 - 0.0% Ski Lift Tax 3,039,619 3,123,852 3,123,852 31190,000 66;148 2.1% Franchise Fees, Penalties, and Other Taxes 877,634 826,110 926;110 899,935 (26,175) -2.8%0 Licenses & Perrnits' 5,083,017 2,353,950 2,786,950 1,755,200 (1,031,750) -37.0% Intergovernmental Revenue 1,509,039 1,366,800 1,748,660 1,308,719 (439,941) -25.2% Transportation Centers 4,514,392 3,736,380 51111,880 5,680,744 568,864 11.1% Charges for Services 837,148 817,135 767,135 798,838 31,703 4.1% Fines & Forfeitures 347,090 215,000 259,000 260,000 1,006 0.4% Earnings on Investments 984,040 675,000 675,000 495,0,00 (180,000) -26.7% Rental Revenue 897,958 763,000 797,400 795,300 (2,100) -0.3% Miscellaneous and Project Reimbursements 195,016 70,000 111;357 -.59,000- (52,357) .. -47.0% Total Revenue 32,038,483 29,430,727 32,240,844 31,396,236 (844,608) -2-.6%- Expenditures by Type: Municipal Services: Town Officials. 1,245,517 1,370,278 1,234,732 1,298,703 (63,971) 5.2% Administrative Services & Risk Management 3,155,193 3,339,290 3,408,212 3,466,328 (58,116) 1.7% Community Development & Housing 3,329,590 3,367,055 3,505,508 1 3,282,081 ; 223,427 -6.4% Police 4,287,404 4,696,544 4,756,631 4,871,111 (114,480) 2.4% Police Communications 512,427 535,657 535,657 543,072 (7,415) 1.4% Fire 2,305,073 2,414,842 2,558,801 2,769,703 (210,902) 82% Public works & Streets 3,134,300 3,412,894 3,491,395 3,726,449 (235,054) 6.7% Transportation & Parking 4,185,772 4,405,167 4,559,966. 4,723,939 (163,973) 3.6% Facilities 3,213,243 3,380,924 3,457,399 3,945,981 (488,582) 14.1% Library '752,031 839,062 842,762 854,593 (11,831) 1.4% Economic Development 1,293,767 1,572,483 1,578,087 1,501,713 76,374 -4.8% Total Expenditures 27;414,317 29,334,196 29,929,150 30,983;673 (1,054,523) 3.5% Revenue Over (Under) Expenditures 4,624,166 96,531 2;311,694 412,563 (1,899,131) Transfer to Capital Projects Fund (222,500) (441,000) Investment in Employee Home Ownership Program (375,000) Total Expenditures 27,636,817 29,334,196 30,370,150 31,358,673. (988,523) 3.3% Revenue Net of Transfers & New Programs , 4,401,666 96,531 1,870,694 37,563 Beginning Fund Balance 15,433,051 14,686,181 19,834,717 21,705,411 Ending Fund Balance $ 19,834,717 . $ 14,782,712 $ 21,705,411 _ $ 21,742,974 7 2nd Reading. TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2008 .2068 2009 Fav (Unfav) 2007 Original Amended Proposed vs 2007 %age Actual Budget Budget Budget Amended Variance Revenue Local Taxes: Sales Tax Split b/t Gen'I Fund & Capital Fund 56/44 60/40 60/40 61139 Sales Tax $ 10,741,500 $ 11,640,000 $ 11,640,000. l $ 11,860,000 1 $ 220,000, 1;9% Property and Ownership 3,012,030 3,843,500 4,293,500. 4,293,500 = 0.0% Ski Lift Tax 3,039,619 3,123,852 31123,852 3,190,000 66,148 2.1% Franchise Fees, Penalties, and Other Taxes 877,634 826,110 926,110 899,935 (20,175) -2.8% Licenses & Permits 5,083,017 2,353,950 . 2,786,950 1,755,200 (1,031,750) -37.0% Intergovernmental Revenue 1,509,039 1,366,800 1,748,660 1,308,719 (439,941) -25.2% Transportation Centers 4,514,392 3,736,380 5,111,880 5,680,744 568,864 .". 11.1% Charges for Services 837,148 817,135 767,135 798,838 31,703. 4.1% Fines & Forfeitures 347,090 215,000 259,006 260,000 1,000 0.4% Earnings on Investments 984,040 675,000 675;000 495,000 (180,000) -26.7% Rental Revenue 897,958 763,000 797,400 795,300' (2,100) -0.3% Miscellaneous and Project Reimbursements 195,016 70,000 111,357 59,000 (52,357) -47.0% Total Revenue 32,038,483 29,430,727 32,240,844 31,396,236 (844,608) -2.6% Expenditures Salaries 12,074,815 13,108,428 13,371,331 14,119,592 (748,261) 5.6% Benefits 4,325,805 4,477,762 4,519,262 4,795,382 (276,120) 6.1% Subtotal Compensation and Benefits 16,400,620 17,586,190 17,890,593 18,914,974 (1,024,381) 5.7% Contributions and Special Events 1,293,767 1,327,340 1;399,706 1,315,675 84,031 All Other Operating Expenses 6,782,615 7,162,216 7,371,518 f 7,383,434 I -(11,616 ) 0.2% Heavy Equipment Operating Charges 1,802,102 2,093,150 2,100,650 2,147,637 (46,987) 2.2% Heavy Equipment Replacement Charges 622,786 629,643 631,026 678,881 (47,855) 7.6% Dispatch Services 512,427 535,657 535,657 543,072 (7,415). --1.4% Total Expenditures 27,414,317 29,334,196 .29,929,150 30,9839673- (2,078,904) 3.5% Revenue Over (Under) Expenditures 4,624,166 96,531 29311,694 412,563 Transfer to Capital Projects Fund (222,500) (441,000) Employee, Home Ownership Program (375,000) Total Expenditures 27,636,817 29,334,196 30,370,150 311358,673 (988,523) 3.3% Revenue Net of Transfers & New Programs 4,401,666 96,531 1,870,694 37,563 Beginning Fund Balance 15,433,051 14,686,181 19,834,717 21,705,411 Ending Fund Balance $ 19,834,717 $ 14,7829712 _ $ 27;705,411 $ 21,742,974 8 2nd Reading TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Blue = New requests (*Not Approved) Green = price increases/adjustments Yellow = timing change Orange = Cuts/delays made during 10/21/08 Council meeting Actual Budget i Amended Proposed _ 2007 2008 2008 2009 1 Project Information Revenue Sales Tax $ 8,308,506 $ 7,76_0,00_0 ! $ 7,760,000 $ 7,540,000 Approx. 39% of total sales tax projections for 2009 Use Tax - - f - - 500,000 1,000,000 Based on average collections, no major redevelopment projects included Federal Grant Revenue 1,571 1 815,577 815,577 1,400,000 Bus replacements $815K in '08, $1.4M in '09 and $3.6M in '10 for transit center; $828K in '10 for bridge _ replacement; $600K buses in '11 Eagle County Grant Revenue - 187,800 317,000 2008: West Vail Fire Station planning/design $50K; $267K for 1-70 Fiber project Lease Revenue - -188,160 -- 187,800 188,550 Lease revenue from City Market & employee housing (Employee Housing Fee-In-Lieu- - = I- 418,000 48,000 Based on average collections, no major redevelopment projects included Project Reimbursement - - 1,314,618 1,001,510 08: $191K CDOT Reimbursement for Street R&M; Streetscape & underground utility reimbursements Earnings on Investments and Other- _ - 1,038,781 10,850 - 195,043 -18,750 .08 sale of Altair unit. 2009 and beyond based on return of 2.5% on fund balance Total Revenue 10,851,636 8,774,227 11,194,930 10,195,300 Expenditures Land / Property Purchases Vail Heights / Chamonix Lane Unit 280,841 Pitkin Creek Unit 463,121 - East Vail Lodging Unit 173,968 - T Altair Unit _ 178,066 Gore Range Condo Units 2E & 3W - - -- - _ --- 599,452 Wendy's Property 2,052,726 Capital Maintenance Expenditures Bus Shelters 10,646 10,000 79,354 Parking Structures 339,423 935,000 1,163,216 Facilities 489,050 400,000 568,817 Building Remodels _ - 57,986 Creekside Housing Improvements - - IDonovan Park Pavilion 13,000 Street Light Improvements 158,874 75,000 75,000 (Capital Street Maintenance_ 816,810 1,625,000 1,702,280 IFlammable storage / Mag Chloride containment _ - - 24,000 Fire Truck Rebuild / Refurbish 598,568 520,000 - West Vail Fire Station - Planning / Design r 250,000 329,229 Replace AM530 radio system - _ 50,000 Audio Visual (Council video,Securit7• Police car video) -12,052 31,000 31,000 Document Imaging 132,335 350,000 350,000 Software Licensing 8,500 8,500 Hardware Purchases 120,827 43,000 _ 43,000 Data Center (Computer Rooms)_ - - - 35,500 _ Website and e-commerce - 1_2,00_0 - 32,000 GIS System Comm Dev Arc _ _ _ I Fiber Optics in Buildings 15,000 30,000 Network upgrades 33,522 { 32,000 43,478 30,000 '08 added $50K for new bus stops along Frontage Road _ 480,000 1'08 elevator replacmnt_ significant structural repairs '08, '11 and '12 755,000 1'08 roof repairs to E Vail Fire Station, 10 re-roof and '11 HVAC repairs for the Library, '12 structural repairs PD, town shops and bus barn; '13 major repairs to lift stations 55,000 On-going minor remodels of various Town facilities _60,_000 Need to gut plumbing; electrical wiring, roofing, etc. In 2010: .$50K furniture_ replacement; $400K to change ventilation _& improve noise 75,000 Add new street lights and refurbish residential lightina program 1 uD.uuu un-going maimenance to roans ano Driages incwaing aspnait overlays, _patching _ and repairs Flammable storage cabinets, Mag Chloride secondary containment_ 'O8 purchase of fire truck for new West Vail station pushed to 2010; '11 replace pumper truck_ Planning and design as part of the Chamonix area plan and master planning process Replacement of AM530 radio system 61,150 09 Council chamber streaming video, '10 police car cameras, 13 town-wide video security Contract position and scanner mtce for current & future imaging - annual cost of $92K, '08 incl. cost for - historical documents to be done by 3rd party, '09 will be funded from savings in 2008: cost for historical scanning only by 2_012 _ 68,200 Upgrade Microsoft products on all equipment, replacement PC's, server upgrades, AS400. These upgrades occur every 3-5 years on a rotation schedule 84,380 Scheduled rotation of PCs, printers and servers 12,000 08 Fire suppression in computer rooms, '09 maintenance, security and power systems for 3 rooms 28,500 Internet security & application interfaces; website redevelopment 2008/09 - - 52,000 Web access to town GIS information (similar to County's website GI_S product) 15,000 Cabling / Network Infrastructure, to repair, maintain & upgrade 18,300 Computer network systems - replacement cycle every 3-5 years 9 2nd Reading TOWN _OF _VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND _ -j Blue = New requests (*Not Approved) Green = price increases/adjustments - - - Yellow = timing change _ Orange = Cuts/delays made during 10/21/08 Council meeting Actual Budget Amended Proposed 2007 2008 2008 2009 Project Information Computer Aided Dispatch (CAD) / RMS_Pro_ject 77,860 - 43,000 57,640 51,650 County-wide "Computer Aided Dispatch-/Records Mgmt System" _ Comm Dev_ Interactive Permit software- - 21-,838 25,000 Upgrade of Permit Plus software, -company will discon_tinue_ support of our current system Vehicle Expansion 43,389 61,411 18,000 Forklift for PW $18K _ E Vail Radio Tower- 5,000 5,000 1 - Tower used for dispatch systems; Cost nowcovered _by Eagle County Maintenance Paid for by Capital Fund 2,891,342 4,354,500 4,724_,263_ 3,394,180 Capital Replacement Exoenditures ~ West & East Meadow Drive 950,000 1,720,0007 1,720,000 East Meadow Drive-Streetscape Heat 1,0_30,0_00 165,000 - - Village Streetscape- 286,698 _1,013,761 Neighborhood Road Reconstruction 150,000 150,000 50,000 Overhaul residential streets - Design in-'-09, construction delayed to '10 per 10/21/08 council Neighborhood Bridge Reconstruction 75,000 - - 75,000 - 75,000 Overhaul residential bridges Fire Breathing Apparatus- - 180,000 Replacement of all-(30)-cylinders/compressors. Older model currently used not effective Parking Equipment Replacement _ 422,363 l - 52,985 - - - - - - - Radio Equipment replacement (public works, public safe ty) _ _495,500 545,500 227,000 Replacement of 1998 radios for PW, Fire, PD HeavLDuty Tire Changer (22_rs old) 14,100 _ - GPS for Buses _52,750 Office Equipment > $5,000 r 14,635 14,635 - 9,000 09 GIS Equip - Heavy Equipment new capital - 3,400 Generator - Municipal Building ! Dispatch 250,000 Replace Buses _ 2,308 3,840,297 143,400 2 "cut-away" buses in '09; 6 regular buses in '10; 2 hybrid buses in '11 Replacement Paid for by Capital Fund 2,758,219 2,455,135 7,830,578 684,400 Property Tax Increment - Reserved I - 441,000 - - - - - - - - - -- - - Other Improvements - Buy-down Program 100,000 - 500,000 Added $400K to normal $100K/year appropriation per Council 9 /2 (Housing Strategic Plan) Pitkin Creek Unit _ 7,350 1 _ Variable Message Signs ! Way-Finding Improvements- 3,480 30,000 36,416 180,000 08: variable message sign central control software, '09 M Vail & Four Seasons; '10 Solaris I-70 Noise - 8,293 250,000 1,079,282 - Annual contribution to the program, Per 10/21/08 council meeting, eliminate for 2009 1-70 Fiber Optics - = 909,128 'Town will have fiber optic connection to I-70 corridor for improved public safety communications Underground Utility improvements 57,217 212,783 Transfer of utility lines from above ground to underground ; Coordination with Holy Cross on projects Manor Vail Street Plan - 1,647 1 1 100,000 _ Expenditure related to impact fee paid by Manor Vail development Chamonix Area Planning _ 130,545 30,000 Continued work on Chamonix _area _ planning West Vail Area Planning 4,57 - 0 22,732 - _ _ - - TOV Strategic Planning - - 12,034 - - I Land use zone & plan am men dme nts Housing Strategic Plan 25,341 _ _ _ _ 2009 -expenses moved to Gen'I Fund operating ($10K) LH Parking Structure Redevelopment 151,505 64,857 Legal and consulting fees, Some costs will be reimbursed by developer Timber Ridge Legal/Zoning - - - -3,631 28,927 - - Legal and consulting fees - Timber Ridge Debt Service Guarantee -925,000 Annual debt service guarantee I LionsHead Improvements 81,522 32,242 'Design costs to implement Town improvements: Construction costs for LH Redevelopment will be funded from developer contributions, TIF & other sources i Bio-Mass Study 50,000 Currently researching Bio-mass options Total Other Improvements 323,899 380,000 3,624,603 710,000 Total Capital before Financinq 8,944,116 7,189,635 17,397,962 4,788,580 10 2nd Reading TOWN OF VAIL 2009 BUDGET - SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND _ Blue = New requests (*Not Approved) Green = price increases/adjustments Yellow = timing change Orange = Cuts/delays made during 10121108 Council meeting Actual Budget Amended Proposed 2007 2008 2008 2009 1 Project information Debt Service and Financing Debt Service on Outstanding Bonds 1 2,322,497 1 2,321,825 1 2,286,825 2,266,775 Annual Debt Service payment (completed by December 1, 2012 Transfer to Vail Reinvestment Authority - 1,400,000 Federal Transit Grant dollars transferred to the VRA for use toward transit center ITransfer from Dispatch Fund_ (75,000) Dispatch Fund will fund a_port_ion of the generator for the municipal building ITransfer from General Fund (222,500) (441,000) - Per Council, allocate unbudgeted property tax collections to Capital Projects Fund Total Debt Service and Financing: - - - 2,099,997 2,321,825 1,770,825 3,666,775 Total Expenditures 11,044,113 9,511,460 - 19,168,787- 8,455,355 - - Revenue Over (Under) Expenditures (192,477) (737,233) (7,973,857)I 1,739,945 Beginning Fund Balance- - 10,256,605 - 754,153 I 10,154,128 2,180,271 Ending Fund Balance 10,064,128 16,920 2,180,271 3,920,216 -Unfunded Capital Projects- - - - - - _- - }I? - - _ _- _- - - - - - - - - - - West Vail Fire Station _ 2,760,000 Construction of West Vail Fire Station - includes fire resident housing - Total Unfunded Projects - - = 2,760,000 - Ending Fund Balance Incl. Unfunded list 10,064,128 16,920 2,180,271 1,160,216 11 2nd Reading TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX REVENUE Real Estate Transfer Tax $ Federal Grants Golf Course Lease VRD repayment for promissory note Intergovenmental Revenue Project Reimbursements Recreation Amenity Fees - Earnings on Investments and Other Total Revenue Caoital Maintenance Expenditures Annual Park and Landscape Maintenance Management Fee to General Fund (5%) Rec. Path Capital Maint Tree Maintenance Forest Health Management - Recreation Master Planning VRD Agreements - Legal Counsel - Street Furniture Replacement - Actual 2007 6,536,118 $ 116,472 24,451 246,073 12164,574 734,928 8,822,616 Green = price increases/adjustments Yellow = timing change Orange = Cuts/delays made during 10121/08 Council meeting 3udget Amended Proposed 2008 2008 2009 Project Information 8,230,000 $ - 7,230,000 $ 6,241,000 "Base" transactions were reduced by 25% from 2008 151,858 _ 1Grant for the Timber Ridge/ Buffehr Creek path _126,708_ 126,708 120,000 Annual lease payment 1 352,325 Note based on $1.6 M loan at 3.5% over 5 years - 20,000 I 20,000 1 _ 20,000 (Lottery proceeds 6,000 125,000 125,000 25,000 200,000 308,330 162,500 Based on 2.5% return on prior year's fund balance 8,701,708 7,967,896 _ 6,920,825 1,085,479 1,253,900 1,311,066 1,365,882 Ongoing path, park and open space maintenance, project mgmt 253,591 411,500 361,500 312,050 '5% of RETT Collections - fee remitted to the General Fund for administration - 73,364 222,789 384,262 153,540 Capital maintenance of the town's recreation path system 48,865 60,000 115,931 60,000 Regular maintenance for tree health within the town (spraying, removing, new trees) 215,917 360,000 531,808 265,000 Pine beetle mitigation in conjunction w/ forest service 79,543 _ Concept and design of recreation asset improvements 3,215 50,000 - - _ _ - '08 Legal counsel for negotiations and re-writing of VRD leases done in-house - 15,857 - 20,000 26,143 20,000 Additions and replacement of street furniture ADA Compliance w/ VRD 25,999 100,849 10,000 Shared costs with VRD - ADA access at recreational facilities Katsos Ranch Bike Path - - - -679_,079_ 346,887 Resurface rec path from Sunburst to E. Vail Cascade Bike Path - - 6,977 Widen recreation path from W. Haven to tennis courts Timber Ridge-Buffehr Creek Rd separation 21,300 53,7 6 00 Path from TimberRidge to Roost Lionshead to Meadow Dr - _ _ 202,500 Improvements to existing bike path along the stream Streamwalk ADA & Safety improvements _ j 225,000 225,000 Trailhead Development / Improvement 16,123 22,100 33,250 23,200 Improve trailheads; Continued need through 2012 (one trail per year) Park / Playground Coital Maint nance - - 79,7711 - 105,000 125,229 - 110,000 To maintain playgrounds, restrooms, etc. e Alpine Garden Support - 56,275 I 70,000 90,000 55,620 Annual support; 2008 incl. $20K for replacement of bridges and $10K Meditation garden Black Gore Creek Sand Mitigation - - - - 100,000 100,000 - 184,000 - 90,000 Annual support ; Per Council 10/21 all contributions reduced by 10% Turf Topdresser 10_,555_ Greenhouse - - 100,000 1 Replacement of greenhouse (does not include expansion) Total Capital Maintenance - 2,685,390 2,900,289 4,676,145 2,667,792 - - Canital Reolacement Expenditures Meadow Drive Streetscape - - - 1 720,000 1.250,000 1,023,000 08 for West Meadow Drive (Library to Vail Road) Total Replacement Expenditures - } 720,000 1,250,000 1,023,000 - - Other Improvements Frontage Road Bike Lanesffrails 1,275,000 1,275,000 Vail Valley Drive - Bike Path Ford Park Master Plan - Improvements I 18,660 1,500,000 1,581,340 Construct widened 6' shoulders along all frontage roads, first priority is Blue Cow Chute to East Vail, path from Vail Mtn School to E. Vail exit; Per 10/21 mtg, delay $1.05M '09 Addition of a paved bike path during reconstruction of Vail Valley Drive; Per 10121 Mtg, delay $1.33M to 2010 Resulting from Recreation Master plan (parking, recreation buildings); Left entry lane; Re- master Ford Park b/c of parkinq potential 12 2nd Reading TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Green = price increasesladjustments Yellow = timing change Orange = Cuts/delays made during 10/21108 Council meeting Actual Budget Amended Proposed 2007 2008 2008 2009 Project Information Main Vail Roundabout pavement apron Concrete apron to protect the grass from cars/trucks on the edge of the roundabout; Per 10/21 mtg, delay $130K to 2010 Seibert Circle 775,865 323,230 Completion of project, $127.7K collected in donations Raw Water / Irrigation Control _ _ 461 91927 Convert parks from treated water to raw water Kayak Take-out 10,000 Kayak lake-out area along stream (part of Willows development agreement) Stream Tract Encroachment Survey - 30,000 . - 64,881 Suvey along Gore Creek - - - - - Big Horn-Park - Per Safety plan - - - - - 227,512 Reconstruction of playground per safety plan Playground Safety / Red Sandstone 7,206 425,000 465,037 _ Reconstruction of playground per safety plan, 20 years old - - Lionshead park - 928,000 1,067,000 New park - location currently being investigated Donovan Park - - 33,641 45,043 - Xeric garden ; construct additional picnic shelter - - White Water Park 327,675 48,325 _ 3rd hole / bladder system at Whitewater Park - per Council's approval Skate Park T 170,29_0 r 65,000 Per councils request 10/19/04 - temporary skate park Ford Park Soccer Field Parking Lot l Porous pavement for reconstruction of this lot; per Council 9/2, move from '09 to '10 Bear Proof Containers 196,922 i 2,578 1In TOV parks & trailheads; bring our cans into compliance Art in Public Places - Programs / Art 168,108 75,000 318,998 75,000 To purchase sculptures, artwork, etc. Public Art - Operating _ 77,111 62,167 62,16_7 _84_,359 AIPP salary and operating expenses related to RETT _ Landscape Medians - 570,000 Frontage road medians alongside redevelopment projects (Solaris, etc) 93,745 78,659 09 Tear down and rebuild (and enlarge) Ford Park restroom; Restrooms at W. Meadow Public Restrooms Drive & Vail Road; Per 10/21 Mtg, delay $670K to 2010 Ford Amphitheater Renovations _ 250,000 - - - - - - - - - - - Recreation Master Planning - - - 24.957 - - Environmental Sustainability 192,989 250,000 312,711 255,000 Wind power; Solar power, Green programs; Recycling, etc Open Space Land Acquisition 551,019 1 Capital Paid for by RETT Funds: 2,565,142 I 4,545,167 6,850,915 414,359 VRD-Managed Facility Projects Recreation Enhancement Account 120,000 Reserve account for golf course improvements --funded by annual lease revenue Golf Course Irrigation - VRD's portion 1,607,522 Finance VRD's portion of irrigation system replacement (5-year payback) Golf Course Irrigation _ 1,607,522 Based on estimates from Borne Engineering; split 50% with VRD Golf Course Clubhouse, Starter Shack, etc. 602,175 Improvements to maintenance building and main clubhouse Golf Course - Other Improvements 634,737 ADA access to clubhouse; bridge and retaining wall repairs Dobson Ice Arena 77,200 98.907 1,085,993 - 09 Roof and central air repair, outer years lighting and locker rooms Ford Park / Tennis Center Improvements 39,200 62,000 78,800 1 115,986 09 walkways & restroom roof; '10 outbuilding, retaining walls and fencing - Athletic Fields _ 20,280 09 irrigation system; '12 asphalt overlay of parking lot Youth Services 164,983 09 ADA access and furnaces Gymnastics Center 29,611 30,621 09 retaining wails; '10 mechanical improvements - Total VRD-Managed Facility Projects 39,200 139,200 207,318 59989,819 Total Expenditures 6,009,732 8,834,656 12,757,378 9,071,970 Revenue Over (Under) Expenditures 2,812,884 (132,948), (4,789,482) (2,151,145) , BeginningFund Balance 8,956,389 6,953,621 11,769,273 6.979,791 i Ending Fund Balance $ 11,769,273 $ 6,820,673 $ 6,979,791 $ 4,828,646 1 3 2nd Reading TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND Revenue Business Licenses Earnings on Investments Total Revenue Expenditures Commission on Special Events Collection Fee - General Fund Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance Revenue Transfer from Capital Projects Fund Earnings on Investments and Other Total Revenue Expenditures Principal Interest Expense Fiscal Agent Fees Total Expenditures Revenue Over (Under) -Expenditures Beginning Fund Balance Ending Fund Balance 2008 2008 2009 2007 Original Amended Proposed . Actual Budget : Budget _ Budget $ 305,414 $ 314,500 $ 314,500 $ 314,500 5,888 - - 311,302 314,500 314,500 314,500 280,000 280,000 280,000 280,000 15,200 15,725 15,725 15,725 295,200 295,725 295,725 295,725 16,102 18,775 18,775 18,775 46,517 55,317 62,619 81,394 $ 62,619 $ 74,092 $ 81,394 $ 100,169 DEBT SERVICE FUND 2008 2008 2009 2007 Original Amended. Proposed Actual Budget Budget Budget ., $ 2,322,497 $ . 2,321,825 $ 2,286,825 $ 2,266,775 3,955 2,326,452, 2,321,825 2,286,825 2,266,775 1,810,000 1,890,000 1,935,000 2,000,000 512,098 432,396 352,396 266,775 900 2,500 2,500 2,500 2,322,998 2,324,896 2,289,896 2,269,275 3,454 (3,071) (3,071) (2,500) 249,256 247,154 252,710 249,639 $ 252,71.0. ,$ 244,083 $_ 249,639 $ 247,139 14 2nd Reading TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND Revenue Town of Vail Interagency Charge Insurance Reimbursements & Other Earnings on Investments` Equipment Sales and Trade-ins Total Revenue Expenditures Salaries & Benefits Operating, Maintenance & Contracts Capital Outlay. Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 2008 2008 2009 2007 Original Amended Proposed Actual Budget Budget . Budget $ 2,493,409 $ 2,795,945 $ 2,804,828 $ .2,910,595 69,055 38,800 59,857 38,800 66,476 65,000 65,000 37,000 148,760 133,530 133, 530. 79,880. 2,777,700 3,033,275 3,063,215 3,066,275 781,304 970,593 970,593 1,010,532 1,112, 880 1,180,450 11,413,721 1,294,625 534,112 686,300 923,456 - 740,500 2,428,296 2,837,343 3,307,770 3,045,657 349,404 195;932 (244,555) 20,618 1,385,383 1,473,250 1,734,787 1,490,232 $ 1,734,787 $ 1,669,182 $ 1,490,232 $ 1,510,850 HEALTH INSURANCE FUND Revenue Town of Vail Interagency Charge - Premiums $ Employee Contributions Insurer Proceeds Earnings on Investments Total Revenue Expenditures Health Inusrance Premiums Claims Paid Short-term Disability Pay Professional Fees Total Expenditures Revenue. Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance $ 2008 2008 2009 2007 Original 'Amended Proposed Actual Budget- _ Budget Budget, 2,418,000 $ 2,492,561 $ 2,492,561 $ 2,515,000 270,665 285,792 285,792 288,000 360,839 7,500 106,482 20,000 44,723 29,700 29,700 24,719 3,094,227 2,815;553 2,914,535 2,847,719. 267,075 330,553 330,553 339,660 2,814,181 2,425,000 2,425,000 2,448,059 14,627 40,000 40,000 40,000 _17,500 20,000 20,000 20,000 3,113,383 2,815,553 2,815,553 2,847,719 (19,156) 98,982 - 1,009,273 560,973, 990,117 1,089,099- 990;117 $ 560,973. $ 1,089,099 $ 1,089,099 15 2nd Reading TOWN OF VAIL 2009 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DI SPATCH SERVICES FUND 2008 2008 Proposed 2009 2007 Original Amended Proposed Actual Budget Budget 'Budget Revenue E911 Board Revenue $ 586,404 $ 582,183 $ 607,183 $ 657,015 Interagency Charges 942,204 956,694 1,050,439 1,157,497 Town of Vail Interagency Charge 512,427 535,657 535,657 543,072 Earnings on Investments 38,678 - 12,000 12,142 E911 BOARD Capital Grant , Other ' 92,135 - - Total Revenue 2,171,848 2,074,534 2,205,279 2,369,726 Expenditures Salaries & Benefits .1,399,038 1,606,676 ,1,606,676 1,732,699 Operating, Maintenance & Contracts 397,630 465,511 478,511 . . 499,535 Capital Outlay - 50,000 142,000 ' 135,000 Total Expenditures 1,796,668 2,122,187 2,227,187 2,367,234 Revenue Over (Under) Expenditures 375,180 (47,653) (21,908)_ 2,492 Transfer to Capital Projects'Fund - (75,000) - Transfer from General Fund Beginning Fund Balance 543,186 525,684 918,366 821,458 Ending Fund Balance $ 918,366 $ 478,031 $ _821,458- $ 823,950 16 2nd Reading TOWN OF VAIL 2009 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2008 2008 2009 2007 Original Amended Proposed Actual Budget Budget Budget Revenue Taxes Sales Tax Public Accomo_ dations Tax Penalties and Interest on Delinquent Taxes Subtotal Taxes Other Earnings on Investments Total Revenue Expenditures - General Government Management Fee General Supplies and meetings Capital Outlay Total Expenditures Revenue Over (Under) Expenditures Beginning Fund Balance Ending Fund Balance 424,382 425,000 .425,000 235,000 424,382 425,000 425,000 235,000 424,382 425,000 425,000 235,000 8,621,901 8,921,901 9,046,283 9,471,283 $ 9,046,283 $ 9,346,901 $ . 9,471,283 $ 9,706,283 17 ORDINANCE NO. 25 SERIES OF 2008 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2009 THROUGH DECEMBER 31, 2009 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado,-the Town Manager prepared and submitted to the Town Council a proposed long-range capital. program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2009 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town. Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article. IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2.' Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its. fiscal year- beginning on the first day of January, 2009, and ending on the 31St day of December, 2009: FUND General Fund. Capital Projects Fund Real Estate Transfer Tax Fund Vail Marketing Fund Debt Service Fund Heavy Equipment Fund Health Insurance Fund Dispatch Services Fund Total Less Iriterfund Transfers Net Expenditure Budget AMOUNT 31, 358,673 8,455,355 9, 071, 970 295,725 2,269,2751 3,045,657 2,847,719 2,367,234. 59,711,608 (8,672,341) 1 '51, 039, 2671 ordinance No. 25, Series of 2008 3. The Town Council hereby adopts the full. and complete. Budget and Financial Plan for the 2009 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public.in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of'this ordinance is for any reason held to be invalid, such decision shale not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have, passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts,- sections, subsections, sentences, clauses or phrases be declared invalid. 5. . The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not.revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such. inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, - APPROVED AND ORDERED PUBLISHED ONCE.IN FULL, this 4th day of November, 2008. A public hearing shall be held hereon on the 18th day of November, 2008, at 6:00 pm at the regular meeting ,of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, series of 2008 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 25, Series of 2008 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 18, 2008 SUBJECT: Second reading of Ordinance No. 26, Series of 2008, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcel A, a re-subdivision of Tract D, Vail Das Schone 1St Filing, from Commercial Core 3 (CC3) district to General Use (GU) district, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Nina Timm Planner: Warren Campbell 1. SUMMARY The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, requests final review of a rezoning of Parcel A, re-subdivision of Tract D, Vail Das Schone Filing 1 from Commercial Core 3 (CC3) District to General Use (GU) District, located at 2399 North Frontage Road. The property is commonly known as the "Wendy's Property." A copy of the proposed Ordinance is attached for reference (Attachment A). II. BACKGROUND On October 27, 2008, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission unanimously approved a motion recommending approval of the rezoning request to the Vail Town Council. On November 4, 2008, the Town Council voted unanimously to approve the first reading of Ordinance No. 26, Series of 2008, rezoning the Wendy's Property from Commercial Core 3 District to General Use District. III. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 26, Series of 2008, on second reading. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 26, Series of 2008, on second reading. With the following findings: 1. "That the amendment is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and compatible with the development objectives of the Town, and ORDINANCE NO. 26 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL A, A RE-SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM COMMERCIAL CORE 3 (CC3) DISTRICT TO GENERAL USE (GU) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a unanimous recommendation of approval of the proposed amendment to the "Zoning Map° to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map" is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map° is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes 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 environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 26, Series of 2008 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor AiitST: Lorelei Donaldson, Town Clerk Ordinance No. 26, Series of 2008 . ` wo MEMORANDUM TO: Town Council FROM: Community Development Department DATE: November 18, 2008 SUBJECT: Second reading of Ordinance No. 27, Series of 2008, an ordinance amending the official zoning map for the Town of Vail in accordance with Title 12, Zoning Regulations, Chapter 5, Zoning Map; Rezoning Parcel B, a re-subdivision of Tract D, Vail Das Schone 1St Filing, from Two-Family Primary/Secondary (P/S) district to Housing (H) district, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Nina Timm Planner: Warren Campbell SUMMARY The applicant, the Town of Vail, represented by Nina Timm, Housing Coordinator, requests final review to rezone Parcel B, re-subdivision of Tract D, Vail Das Schone Filing 1 from Two-Family Primary/Secondary (P/S) District to Housing (H) District, located at 2310 Chamonix Road. The property is commonly known as the "Chamonix Property." A copy of the proposed Ordinance is attached for reference (Attachment A). II. BACKGROUND On October 27, 2008, the Town of Vail Planning and Environmental Commission (PEC) held a public hearing on the request to amend the Official Zoning Map of the Town of Vail. Upon consideration of the request, the Commission voted 6-1-0 (Proper opposed) to approve a motion recommending approval of the rezoning request to the Vail Town Council. On November 4, 2008, the Town Council voted unanimously to approve the first reading of Ordinance No. 27, Series of 2008, rezoning the Chamonix Property from Two-Family Primary/Secondary District to Housing District. III. ACTION REQUESTED OF COUNCIL The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 27, Series of 2008 on second reading. IV. STAFF RECOMMENDATION The Community Development Department recommends that the Vail Town Council approves Ordinance No. 27, Series of 2008, on second reading. With the following findings: "That the amendment is consistent with the adopted goals, objectives and ORDINANCE NO. 27 Series of 2008 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF VAIL IN ACCORDANCE WITH TITLE 12, ZONING REGULATIONS, CHAPTER 5, ZONING MAP; REZONING PARCEL B, A RE- SUBDIVISION OF TRACT D, VAIL DAS SCHONE FIRST FILING, FROM TWO-FAMILY PRIMARY/SECONDARY (PIS) DISTRICT TO HOUSING (H) DISTRICT, AND SETTING FORTH DETAILS IN REGARDS THERETO. WHEREAS, Chapter 5, Zoning Map, of the Vail Town Code establishes the procedures for evaluating changes to the Official Zoning Map of the Town of Vail ("Zoning Map"); and WHEREAS, the proposed amendment to the "Zoning Map" has been reviewed in accordance with the prescribed requirements outlined in Sections 12-3-1 through 12-3-7 of the Zoning Regulations of the Vail Town Code; and WHEREAS, on October 27, 2008, the Planning and Environmental Commission of the Town of Vail reviewed and forwarded a recommendation (6-1-0) of approval of the proposed amendment to the "Zoning Map" to the Vail Town Council in accordance with the criteria and findings outlined in Section 12-3-7 of the Zoning Regulations of the Town of Vail; and WHEREAS, the Vail Town Council finds the proposed amendment to the "Zoning Map°is consistent with the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan, the Vail Land Use Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" is compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and WHEREAS, the Vail Town Council finds the amendment to the "Zoning Map" promotes 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 environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, ORDINANCE NO. 27, SERIES OF 2008 INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of November, 2008 and a public hearing for second reading of this Ordinance set for the 18th day of November, 2008, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 18th day of November, 2008. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk ORDINANCE NO. 27, SERIES OF 2008 Memorandum To: Town Council From: Judy Camp Kathleen Halloran Date: November 13, 2008 Subject: Mil Levy Ordinance You-will be asked to approve the attached mil levy ordinance upon first reading on Tuesday evening. This ordinance authorizes the collection of property taxes in 2009 based upon 2008 assessed valuations of property within the town's boundaries. Eagle County is responsible for assessing values and for collecting property taxes on our behalf. The town is required by Colorado state law to certify the mil levy by December 15 of each year. Since two readings of an ordinance are required, we will bring the first reading on Tuesday and the second reading on December 2nd to enable us to meet the December 15 date. The attached ordinance is based on estimated assessed valuations from the county. Final assessed valuations will be available prior to second reading and the amount to be collected will be adjusted accordingly. The town's base mil levy as shown in the ordinance is 4.69 mils and the.abatement levy is .00 mils. Abatement results when a taxpayer protests an assessed valuation after the normal protest period and is refunded a portion of the tax tax already due or paid. The abatement mil levy allows the town to recoup the refunded amount. On December 4, 2007, Council voted to not assess the abatement levy in a good-faith ,gesture to citizens for a reduction in property taxes. As of August,. 2008 that abatement is estimated at $259,726. Does Council wish to keep the abatement levy at.00 mils? The property tax authorized by the attached ordinance will generate approximately $4,2 million in revenue in 2009, representing approximately 8% of the town's total revenue. ORDINANCE NO. 28 SERIES OF 2008 AN ORDINANCE PROVIDING FOR THE LEVY ASSESSMENT AND COLLECTION OF TOWN AD VALOREM PROPERTY TAXES DUE FOR t tiE 2008 TAX YEAR AND PAYABLE IN i tE. 2009 FISCAL YEAR. WHEREAS, it is necessary for the Town Council to provide for the levy, assessment and collection of Town ad valorem property taxes due for the 2008 year and payable in the 2009 fiscal year. NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. For the purpose of defraying part of the operating and capital expenses of the Town of Vail; Colorado, during its 2009 fiscal year, the Town Council hereby levies a property tax of 4.690 mills upon each dollar of the total assessed valuation of $898,389,440 for the 2008 tax year of all taxable property within the Town, which will result in a gross tax levy of $4,213,446 calculated as follows: Base mill levy Abatement levy Total mill levy 4.690 $4,213,446 .000 0 4.690 $4.213.446 Said assessment shall be duly made by the County of Eagle, State of Colorado, as directed by the Colorado Revised Statutes (1973 as amended), and as otherwise required by law. 2. ' If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares it would have passed this ordinance,*. and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that. any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 3. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 4. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, Ordinance 28, Series of 2008 -60- J any duty imposed,- any violation. that occurred prior to the effective -date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 18th day of November, 2008. A public hearing shall be held hereon at 6 P.M. on the 2nd day of December, 2008, at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor A t, t trST: Lorelei Donaldson, Town Clerk Ordinance 28; Series of 2008 -61- MEMORANDUM EXHIBIT A To: Town Council From: Kelli McDonald Kathleen Halloran Date: November 18, 2008 Subiect: Amended 2008 VLMD Budget Backaround On _November 4, Economic Development Manager Kelli McDonald and Finance Director Judy Camp reviewed a funding request for implementation of the recently proposed winter marketing strategy to supplement Vail Mountain's current marketing efforts. Staff recommended Council support the winter marketing program at $550,000 as an economic stimulus funded by the Town's General Fund with implementation. by the Vail Local Marketing District. Council approved the staff recommendation. Sudolemental apDroDriation to VLMD 2008, budget The $550,000 expenditures' are recommended to be allocated 'as follows: • $150,000 to loyal customers • $200,000 to.front:range new customers •. $150,000 to destination customers • $50,000 to event. enhancement Funds will be spent to impact this ski season beginning no later than December 1. V Vail Local Marketing District 2008 Budget 2008 2008 2007 Original Amended 2nd Proposed Actual Budget Budget Supplemental Amended Income 310 • Lodging Tax 2,063,915 2,075,000 2,075,000 2,075,000 313.Other Income: Transfer from Gen'I Fund 3,837 550,000 550,000 399 • Interest Income 11,053 6,500 6,500 6,500 Total Income 2,078,805 2,081,500 2,081,500 550,000 2,631,500 Expense 63011 - Destination 6301.01 • Advertising 158.790 235,000 285,000 150,000 435,000 Total 6301 • Destination 158,790 235,000 285,000 150,000 435,000 6302 • Front Range 6302.06 • Advertising 305,556 244,500 269,500 200,000 469,500 6302.07 • Partnerships 201,691 240,000 240,000 240,000 Total 6302 • Front Range 507,247 484,500 509,500 200,000 709,500 6303 • Groups and Meetings 6303.01 • Advertising 65,000 85,940 85,940 85,940 6303.03 • Marketing Services 43,000 54,500 54,500 54,500 6303.04 • Travel/Tradeshows 123,000 101,500 101,500 101,500 6303.05 • Memberships 2,000 5,000 5,000 5,000 6303.11 • Familiarization Trips 26,500 25,000 42,500 42,500 6303.15 • Public Relations 10,000 15,000 15,000 15,000 6303.17 • Direct Sales 12,000 12,000 12,000 12,000 Total 6303 • Groups and Meetings 281,433 298,940 316,440 - 316,440 6304 • Public Relations Expenses 107,628 116,000 170,000 170,000 6305 • Fulfillment 636 4,000 4,000 4,000 6306 • Photography 57,014 55,000 55,000 55,000 6307 • Research 27,918 19,500 19,500 19,500 6310 • Admin Miscellaneous 5,097 10,000 10,000 10,000 6311 • Database Mgmt & Direct Mail 1,370 6,000 6,000 150,000 156,000 6314 • Collateral 23,688 9,000 9,000 9,000 6315 • Web & Email Marketing 57,213 75,000 75,000 75,000 6316 • Events 53,000 53,000 153,000 50,000 203,000 6317 • Cross Sell 3,393 - 6318 • Asset Marketing 148,000 148,000 148,000 6400 • Contingency 7,092 37,500 16,682 16,682 7000 • Professional Fees - 7001 • Legal and Accounting 21,097 18,000 20,000 20,000 7003 • Advertising Agent Fees 57,614 62,000 62,000 62,000 7004 • Media Agency Fees 20,000 20,000 20,000 20,000 7007 • Marketing Coordination-VVP/TOV 115,000 125,000 125,000 125,000 7008 • PR - Professional Fees 90,000 100,000 103,500 103,500 7009 • Web Site 80,261 95,000 95,000 95,000 7010 • Strategic Advisory Foss 43,712 97,000 115,818 115,818 7011 • Partnership 97,500 120,678 120,678 120,678 7012 • Air Service 20,000 20,000 20,000 20,000 7013 . Concierge Program 28,000 23,000 23,000 23,000 7014 • TOV Loan Repayment 37,000 - - - Total 7000 • Professional Fees 610,184 680,678 704,996 - 704,996 Total Expense 1,901,703 2,232,118 2,482,118 550,000 3,032,118 Net Income 177,102 (150,618) (400,618) - (400,618) Beginning Fund Balance 825,792 825,792 1,002,894 1,002,894 Ending Fund Balance• 1,002,894 675,174 602,276 602,276 'Includes TOV Capital Contribution - - - Percent of Fund Balance to Revenue 48% 32% 29% 23% Exhibit A i RESOLUTION NO. 24 Series of 2008 A RESOLUTION APPROVINGTHE AMENDED 2008 BUDGET FOR it air, VAIL LOCAL MARKETING DISTRICT, AND AUTHORIZING a tar. EXPENDITURES OF SAID As r ,i+.OPRIATIONS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD i nLRETO 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, contingencies have arisen during the fiscal year 2008 which could not have been reasonably foreseen or anticipated by the Vail Local Marketing District Board at the time it enacted Resolution No. 24, Series 2007, adopting the 2008 Budget for 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 WHEREAS, notice of this public hearing to consider the adoption of the amended VLMD budget was published in the VAIL DAILY on the 10th day of November, 2008. NOW inxREFORE, 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, and appropriates an additional $550,000 for marketing related expenditures 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 .inhabitants thereof Section 3. . This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, Ax r e,OVED AND ADOPTED This 18te day of November, 2008. Attested: Signed: Lorelei Donaldson, Town Clerk Dick Cleveland, Town Mayor Resolution No. 24, Series 2008 .W TOWN 0-7 VAIL 000 November 10, 2008 SEPTEMBER 2008 VAIL BUSINESS REVIEW The September Vail Business Review breaks down the four percent sales tax collected for September and year to date through third quarter. Overall September sales tax decreased 8.6% with Retail decreasing 5.8%, Lodging decreased 17.8%, Food and Beverage decreased 15.4% and Utilities/Other (which is mainly utilities but also includes taxable services and rentals) increased 6.6%. Year to date through third quarter resulted in a 6.2 % increase overall with Retail increasing 1.3%, Lodging increased 7.6%, Food and Beverage increased 4.8% and Utilities increased 17.3%. Town of Vail sales tax forms, the Vail Business Review and the sales tax worksheet are available on www.vailsov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e- mailed to you automatically from www.vailizov.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 September 2008 Sales Tax CASCADE VILLAGE/EAST V September 2007 Collections Retail 107,882 Lodging 515300 AIUSANDSTOM September 2008 Collections 123,594 29,699 E/WEST VAIL September Change 14.6% -42.1% Food & Beverage 70$99 42,984 -39.1% Other 69464 71749 19.9% Total 2369245 204,026 -13.6% OUT OF TOWN September September September 2007 2008 % Collections Collections Change Retail 579188 580740 2.7% Lodging 21901 2,607 -10.1% Food & Beverage 713 698 -2.1% Utilities & 138,838 146,754 5.7% Other Total 1999640 208,799 4.6% ]RETAIL SUMMARY September . September.. September .2007 2008 % Collections Collections Change FOOD 80,934 96,463 19.2% LIQUOR 17,224 20,010 16.2% APPAREL 46,363 37,960, -18.1% SPORT 71,777 48,181 -32.9% JEWELRY 16,169 12,111 -25.1% GIFT 6,549 8,777 34.0% GALLERY 6,731 3,238 -51.9% OTHER 77,722 77,701 0.0% HOME. 518 657 26.8% OCCUPATION TOTAL. 323,987 305,098 -5.8% r September 2008 YTD Sales Tax CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL Sept. YTD Sept. YTD Sept. YTD 2007 2008 % Collections Collections Change Retail 19357,762 194149492 4.2% Lodging 171009582 19144,867 4.0% Food & Beverage Other Total 6073275 5569474 559199 58,782 371203818 33174,615 OUT OF TOWN Retail Lodging Food & Beverage Utilities & Other Total Sept. YTD 2007 Collections 494,625 194,144 12,607 1,712,886 2,414,262 Sept. YTD 2008 Collections 453,246 247,463 12,318 2,052,420 2,765,447 -8.4% 6.5% 1.7% Sept. YTD Change -8.4% 27.5% -2.3% 19.8% 14.5% RETAIL SUMMARY September YTD September YTD September YTD 2007 2008 % Collections Collections Change FOOD 1,015,651 1,062,930 4.7% LIQUOR. 240,379 288,864' 20.2% APPAREL 635,022 649,376 2.3% SPORT 1,635,342 1,725,770 5.5% JEWELRY 193,920 180,529 -6.9% GIFT 98,330 83,960 -14.6% GALLERY 70,668 51;678 -26.9% OTHER 808,081 717,130 -11.3% HOME 6,311 4;573 27.5% OCCUPATION TOTAL - 4,703,704 4,764,810 1.3% TOWN OF VAIL MEMORANDUM TO: Stan Zemler . Council Members FROM: Kathleen Halloran DATE: 3rd Qtr 2008 RE:. Investment Report Enclosed is the investment report with balances as of September 30, 2008. The estimated average yield for the pooled cash fund was 2.37%. As of 9/30/08, the yield curves for 3 months, 6 months, and 1 year are 15%, 1.64'/x, and 1.91 % respectively. TOV investments performed at or above these yields. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. 2008 Investment Mix $6.6M Gov't $4.21VI Securities, Cash, 6% .10% $1.8M CD's, 3% $54.5M Colorado Investment Pool, 81 % Other than transfer of funds for operating uses, the'Town did not change banking institutions or investment products during the 3rd quarter of 2008. Please call me if you have any questions. Town of Vail, Colorado Investment Report Summary of Accounts and Investments As of 9/30/08 Cash Commercial Banks Money Market Funds Total Cash U.S. Government Securities (see page 5) Government Agency Seurities -Piper Jaffray FNMA'S, GNMNS, FHLMCS & SBA'S - Dana Total Government Securities Certificates of Deposit Colorado Investment Pools Total Portfolio Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months 2008 _ Balances Percentage 09/30/08 of Total $4,185,338 6.23% $55,305_ 0.08% $4,240,642 6.31% $4,5614,209 $2,036,354 $6,600,562 $1,846,773 $54,517,841 $67;205,818. $62,641,609 $1,900,088 $2;664,121 $67,205,818 6.79% 3.03% 9.82% 2.75% 81.12% 100.0% 93.216% 2.83% 3.96% 100.0%_. Investments 09302008 2 Performance Summary as of 9/30/08 Institution Average Balances Type of Accounts Return 09/30/08 "CASH"ACCOUNTS Commercial Bank Accounts: First Bank of Vail - Operating . Interest 0.920% $4,185,338 Money Market Accounts: Schwab Institutional Money Market Fund - Dana Investments Interest and Balance 2:000% $18,684 Vail Super Now Public, Funds Account = Piper Jaffray Interest and Balance 4=.796% $36,620 Total Money Market Funds $55,305 Total "Cash" Accounts $4,240,642 GOVERNMENT SECURITIES (see pg 5) Government Agency Seurities -Piper Jaffray 4.32% $ 4,564,209 FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 4.20% $ 2,036,354 $ 6,600,562 Total Government Securities $. 6,600,562 CERTIFICATES OF DEPOSIT U.S. Bank, Vail Colorado. Matures Aug 31, 2009 3.350% . 610,162 Alpine Bank, Vail Colorado (#'19750) Matures Sept 7, 2012 3.639% 580,055 Alpine Bank, Vail Colorado (#19751) Matures Sept 7, 2010 2.716% _ 656,555 1,846,773- Total Certificates of Deposit $ 1;846,773 ; LOCAL GOVERNMENT INVESTMENT POOLS Colotrust General Fund Interest Total Local Government Investment Pools Accounts Total All Accounts 2.230% _ $54,517,841 $54,517,841 $67,205,818 Investments 09302008 3 Government Securities as of 9/30/08 Days/Years Int Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value *"*Federal Agency Discount Notes & Bonds*** FNMA.31398AHS4. Piper Jaffray 4.875% 4.870% 25-Mar-08 15-Oct-09 1.6 $340,214 FHLB 3133XH-FA-5 Piper Jaffray 5.000% 5.000% 26-Dec-06 16-Oct-09 2.8 $250,158 FNMA 31359M4-X8 Piper Jaffray 5.230% 5.200% 30-Apr-08 29-Jan-10 1.8 $251,563 FHLMC 3128X7QR8 Piper Jaffray 3.000% 3.010% 21-May-08 22-Feb-10 1.8 $303,801 FFCB 31S-TD-5, Piper Jaffray 4.650% 4.560% 22-Jul-05 5-Apr-10 4.7 $255,000 FHLB 3133XR2K5 Piper Jaffray 3.150% 3.160% 29-Apr708 5-May-10 2.0 $249,375 FHLMC 3128X7PE8' Piper Jaffray 3.250% 3.250% 29-Apr-08 12-May-10 2.0 $249,978 _FNMA 3136F9NP4 Piper Jaffray 3.375% 3.370% 2-Aug-08 8-Nov-10 2.3 $250,158 FFCB 31331YGD6 Piper Jaffray 4.375% 4.370% 10-Dec-07' 10-Dec-10 3.0 $200,376 FHLB3133XK-Z9-9 Piper Jaffray 5.300% 5.280% 27-Jun-07 15-Dec-10 3.5 $251,173 FHLMC 3133171CV7 Piper Jaffray 4.000% 4.000% 25-Mar-08 15-Mar-11 3.0 $200,024 FHLB 3133XP3N2 Piper Jaffray 3.875% 3.880% 25-Mar-08 22-Jul-11 3.3 $149,954 FHLB 3133XHET5 Piper Jaffray 5.250% 5.250% 29-May-08 14-Oct-11 3.4 $500,315 FHLB 3133XK6M2 Piper Jaffray 5.230% 5.200% 29-Aug-08 " 19-Mar-12 3.6 $402,000 FHLB 3133XMEF4 Piper Jaffray 5.000% 4.910% 19-Jun-08 1-Oct-12 4.3 $509,530 . FHLMC 312WRG3 Piper Jaffray 5.000% 4.990% 21-May-08 21-May-13 5.0 $200,592 Average Yield 4.32% $4,564,209 Days/Years Interest Rate Purchase Maturity to Maturity Market Agency Broker Coupon Yield Date Date at Purchase Value *"*FNMA'S, ARM'S & SBA-S-!' FNMA Dana 5.000% 5.0% 23-Jan-06 23-Jan-09 3.0 120,695 SBA 500463V-Q Pooled - Dana 7.625% 4.9% 1-Aug-88 25-Jan-13 24.5 $2,824 SBA 502647V-Q Pooled - Dana 8.475% 5.7% 1-Jul-94 25-Jun-19 25.0 $10,046 SBA 504417V-Q Pooled - Dana 8.000% 5.1% 1-Feb-99 25-Feb-24 25.1 $11,772 SBA 505536V-M Pooled - Dana 7.875% 4.7% 1-Aug-01. 25-Jun-26 24.9 $34,958 GNMA 8417 Pooled - Dana 5.125% 5.2% 1-Oct-88 20-Oct-18 30.1 $4,081 GNMA 8703 Pooled - Dana 4.750% 5.7% 1-Sep-95 .20-Sep-25 30.1 $1,260 GNMA 8720 Pooled - Dana 5.125% 5.2% 30-Sep-95 20-Oct-25 30.1 $1,272 GNMA 8788 _ Pooled - Dana 5.375% 5.4% 1-Jan-96 20-Jan-26 30.1 $1,097 GNMA 80426 Pooled - Dana 4.500% 5.7% 21-Jul-00 20-Jul-30 30.0 $12,138 GNMA 80593 Pooled - Dana 5.375% 5.4% 1-Apr-02 20-Apr-32 30.1 $6,655 GNMA 80710 Pooled -.Dana 5.625% 5.7% 1-Jul-03 20-Jul-33 30.1 $12,618 FNMA 462382 Pooled - Dana 6.141% 6.1% 1-Sep-07 .1-Oct-16 9.1 $77,187 FNMA 555921 Pooled - Dana 4.483% 4.5% 1-Oct-03 1-Sep-35 31.9 $51,600 FNMA 422251 Pooled - Dana 5.589% 5.5% 1-Dec-95 1-Jan-21 25.1 $66,772 FNMA 334439 Pooled - Dana 6.200% 6.2% 1-Dec-95 1-Apr-24 28.4 $6,047 FNMA 520790 Pooled - Dana 6.077% 6.0% 1-Jun-00 1-Apr-28 27.9 $9,188 FNMA 546468 Pooled - Dana 5.563% 5.5% 24-May-00 1-Jun-28 28.0 $5,555 FNMA 535326 Pooled - Dana 5.263% 5.2% 26-Jun-00 1-Jun-28 28.0 $6,760 FNMA 323798 Pooled - Dana 5.749% 5.7% 1-Dec-99 1-May-29 29.4 $3,073 FNMA 576517 Pooled - Dana 6.165% 6.3% 1-Mar-01 1-Feb-30 28.9 $2,086 FNMA 567875 Pooled - Dana 6.336% 6.3% 1-Dec-00 1-Sep-30 29.8 $6,087 FNMA 593941 Pooled - Dana 6.010% 6.0% 1-Dec-01 1-DAC-30 29.0 $22,258 FNMA 545057, Pooled - Dana 5.487% 5.5% 1-May-01 1-May-31 30.0 $1,513 FNMA 650970 Pooled - Dana 5.118% 5.1% 1-Aug-0 1 1-Jul-32 30.9 $8,374 FNMA 555378 Pooled - Dana .5.120%' 5.1% 14-May-08 1-Apr-33 24.9 $113,335 FNMA 709092 Pooled - Dana 5.085% 5.1% 1-Jun-03 1-Jun-33 30.0 $13,718 FNMA 723661 Pooled - Dana 5.025% 5.0% 1-Jul-03 _ 1-Jul-33 30.0 $4,290 . FNMA 761737 Pooled - Dana 6.488% 6.4% 16-May-05 1-Dec-33 28.6 .$19,190 FNMA 725462 Pooled - Dana 5.688% 5.7% 1-Apr-04 1-Jan-34 29.8 $14,824 FNMA 745160 Pooled - Dana 5.763% 5.7% 1-Dec-05 1-Mar-34. 28.3 $41,048 FNMA 791573 Pooled - Dana 5.057% 5.0% 1-Jul-04 1-Aug-34 30.1 ,$8,218 FNMA 888321 Pooled --Dana 5.737% 5.7% 1-Mar-07 `1-Aug-34 273 $70,112 Investments 09302008 Government Securities as of 9/30/08 Days/Years Int Rate Purchase Maturity. to Maturity Market Agency Broker Coupon Yield Date Date at Purchase _ Value FNMA 849207 Pooled - Dana 6.340% 6.3% 1-Jan-06 1-Jan-36 30.0 $59,716 FNMA 888710 Pooled - Dana 5.374% 5.3% 1-Sep-07 •1-Jul-36 28.9 $71,496 .FNMA 893933 Pooled - Dana 5.209% 5.1% 1-Sep-06 1-Oct-36 30.1 $73,406 FNMA 555624 Pooled - Dana 5.366% 5.3% 1-Jun-03 1-Mar-38 34.8 $10,269. FNMA 735967 Pooled - Dana 6.107% 6:1% 1-Sep-05 1-Mar-38 32.5 $15,354 FNMA 888386 'Pooled - Dana 5.623% 5.6% 1-Apr-07 1-Mar-38 30.9 $124207 FNMA 888618 Pooled - Dana 5.799% 5.7% 1-Jul-07 1-Mar-38 30.7 $43,498 FNMA 557073 Pooled - Dana 4.255% 4.2% 1-Sep-00 1-Jun-40 39.8 $8,652 FNMA 110540 Pooled - Dana 5.150% 5.3% 1-Nov-90 laMay-20 .29.5 $9,759 FNMA 327446 Pooled - Dana . ' 5.747% 5.8% 1-Oct-95' 1-Auq-22 26.9 $5,259 FNMA 868877 Pooled - Dana 5.191% 5.1% 1-Apr-06 1-Apr-36 30.0 $60,083 FNMA 701045 Pooled - Dana 4.830% 4.8% 1-Apr-03 1-Apr-33 30.0 $122,370 FHLMC 775572 Pooled - Dana 5.594% 5.5% 1-Sep-94 1-Jun-24 29.8 $31,474 FHLMC 865469 Pooled - Dana 6.440% 6.3% 1-Dec-95 1-Aug-25 29.7 $1,755 FHLMC 610416 Pooled - Dana 5.240% 5.2% 1-Mar-96 ,1-Mar-26 30.0 $444 FHLMC 755344 Pooled - Dana 5.160% 5.1% 1-May-00 1-Mar-28 27.9 $4,053 FHLMC 645235 Pooled - Dana. 6.340% 6.3% 1-Jul-00 1-Mar-29 28.7 $2,760 FHLMC 846784 Pooled - Dana 5.576% 5.5% 1-Jul-00 1-May-29 _ 28.9 $3,725 FHLMC 786867 Pooled : Dana 5.970% 5.9% 1-Nov-99 1-Aug-29 29.8 $3,577 FHLMC 846956 Pooled - Dana 6.446% 6.4% 1-Nov-01 1-Nov-31 30.0 $3,088 FHLMC 847166 Pooled - Dana' 5.092% 5.0% 1-Jul-03 1-Aug-33 30.1 $8,677 FHLMC 847359 Pooled - Dana 6.072% 6.0% 1-Dec-04 1-Dec-34 30.0 $10,695 FHLMC 782526 Pooled - Dana 4.509% 4.5% 1-Apr-05 1-Apr-35 30.0 $135,499 FHLMC 848000 Pooled - Dana . 4.665% 4.6% 1-Sep-08 1-Feb-36 27.4 $141,859 FHLMC s41629, Pooled - Dana 6.092% 6.0% 1-Oct-06 1-Sep-36 29.9 $34,920 FHLMC 865006 Pooled - Dana 6.935% 6.9% 1-Feb-89. 1-Aug-18 29.5 $1,511 FHLMC 865127 Pooled - Dana 5.449% 5.4% 1-Aug-89 1-Mar-19 29.6 $2,502 FHLMC 865476 Pooled- Dana 6.082% 6.0% 1-Apr-96 1-Feb-36 39.9 $1,862 FHLMC 865663 Pooled -'Dana 6.040% 5.9% 1-Nov-00 1-Feb-30 29.3 $3,459 FHLMC 765114 Pooled - Dana 6.963% 6.8% 1-Mar-99 1-Jan-18 18.9. $4,767 FHLMC 847427 Pooled - Dana 5.264% 5.2% 1-Jul-05 1-Sep-34 29.2 $9,819 FHLMC 1G1840 Pooled - Dana 5.315% 5.3% 1-Feb-06 1-N6v-35 29.8 $72,516 FHLMC 163063 Pooled - Dana 5.553% 5.5% 1-Aug-06 1-Aug-36 30.0 $121,627 FHLMC 847058 Pooled- Dana 5.181% 5.1% 1-Aug-02 1-Aug-32 30.0 $38,044 FHLMC 611384.. Pooled - Dana 6.953% 6.9% 11-Feb-05 1-Dec-32 27.8. $10,934 Accrued Interest 4.200% $9,568 Income Receivable .$2,498 Average Yield 4.20% 2,036,354. Total $6,600,562 Investments 09302008 5 2008 Wildland Fuels Mitigation - Year .End Summary This is the second year that the TOV has supported the hiring of a six (6) person Wildland Fire/Fuels Mitigation Crew. They worked 7 days a:week targeting hazard trees on TOV owned property. Their efforts were primarily focused in the East Vail, Intermountain, and the Wildland Urban Interface areas surrounding the town. Total Trees Cut: 835 trees on Town of Vail Property Total Dollars- Spent:, $248,869.00 - Includes Wildland Crew/training, - equipment, operational costs. chipping,- public education Total Budget: $531,808 (included rollover from 2007) $282,939.00, unspent balance in RHETT Per tree cost: $269.00 per tree ($225,000), including, chipping and removal (excluding public education/flyers/handouts). Cost Comparison: -If work were contracted out, price per tree, including chipping would be: $371,575.00. TOV SavinLys: $146,575.00 Additional Benefit- to TOV: The six (6) seasonal wildland firefighters were also available for Wildland firefighting and resource needs in. „ the TOV and surrounding areas, including national wildfire deployments. Wildland Home/Property Inspections: Dead Tree Ordinance target areas: Private. properties contacted/identified relative to ordinances Pile Burning, 58 (18 in 2007) East Vail and Intermountain areas 419 (including 50 letters sent to out of town owners - 10 inspections pending), Identified property owners have made plans to remove their infected trees by- spring 2009. In addition, we chipped trees on approximately 50 properties as a service to owners that initiated mitigation efforts prior to Oct. 17th. 13. piles burned to date - approximately 1500 remaining a? lec. \ -ItVA IL wail17own Council November 18,'2008 Desigin Review Board November 19, 2008 Planning & Environmental .Commission - November 24, ,2008 Actions to mate .. . . blaster :,an Amendment . Roes & des )onsi :)i ities . eve o )ment Application eve o )ment review process . Su -)mitta and Staff Review Town of Vail Community Development Department ?roect E Town of Vail Community Development Department I'ur?ose of tze Lip, ns=zea? ?edeve-oADment =Master ?pan ¦ ...out`ines tie To wn's o'?jectives and goa s fort -ie en i-ancement of _ionshead ¦ .. ?ro?oses recommendations, incentives and requirements for pug is and private 3ro)erties ¦ ...comwe?ensive guide for ')ro)erty owners and town officia s res!)onsi -D e far.,---j arming au ) is im ixovements ¦ ...recommends speci'ic Ju 0 is im :)rovement projects teat are strategical y important to tie future success of _ionslead Town of Vail Community Development Department Overa- :Master Tan. recommendations - Cha"Dter Z- ¦ Maintain Visual Connections and North/South Orientation of Buildings ¦ Provide Physical Connections to Gore Creek & Red- Sandstone Creek ¦ Create Public View Corridors, in EverVail Provide.-, Public Transportation to':Alest: Lionshead. and Public-Transit Improvements Town -of Vail Community Development Department Overa--.,-,,'-.V aster P an Recommendations C'-?ia-Dter 4 ¦ Construct Dispersed Loading &Delivery Facilities',, ¦ Provide Public Parking Improvements with Strong and Convenient Relationships to the Primary Destination ¦ Public Parking Mu Desired Demand st Be Created to Mbe't'the Town of Vail Community Development Department N-aster ?lan Recommendations regarding. verVaL - C -ia,4:)ter 5 ¦ "...streetscape improvements along Nest Lionshe-ad Circle (lighting, seating areas, public art, w* alking surfaces, appealing outdoor spaces, etc.), „ ... provide year-round activity and.vibrancy in. !Vest Lionshead'(architec'ture, specialty retailers and restaurants, "artist iclimbing wall, etc. " Town of Vail Community. Development Department V[a„ster P3-egarding _::verVaL. =Chapter 5 ¦ ", , .improved access to Gore Creek and Red Sandstone Creek. " ¦ "...complete a retaiUcommercial market sfudy to determine. appropriate square footages." o ", , ,LMU Il development standards will guide the development." ¦ ". , .building heigM# and massing shall be Creek, 1-70; transition to responsive to Gore' western end of Lionshead." Town of Vail Community . Development Department Czia,Dter 5 :Detaj*--ed"---3--an recommendation POTENTIAL BUS/TRANSIT STOP PROPOSED MIXED USE BUILDING AREA GROUND FLOOR RETAIL/ MIXED USE ABOVE ® SKI AREA SUPPORT W/ SUB-GRADE MAINTENANCE GON DOLA PARKING STRUCTURE S , MAP n . "A N ?t I• f O Ti • _ rte. y .:.a>';cc:"• ,,.cam. y.. .^ .. i /.. " ?! • r Y{. ? ' : r<?? k ? t 4 i ;.? act. , FIGURE 4-9 - EXISTING FRONTAGE ROAD ALIGNMENT WEST LIONSHEAD DEVELOPMENT CONCEPT < r, p3: Town of Vail Community Development Department Master Su ail Goxnm"nitY 'town of t Depaxsent Develop?'en a or eAeflor M? 1 v?- use Permits ments ??t ,ons C riteria, nor :1-?e'ylew & --41ndings s ¦ n com -:) [ianca wit tie intent and purpose o" ._he Subdivision Rand Zoning ons. Re,'u'afil g ¦ ow have conditions changed since the Pan was ado Da ed? ¦ The extent tow::iic? t 1e tex--r arnendrnent would ?et? er aci ieve. ti?e gown's adop#ed d eve o ?men? g?oa s, o be ?'c?.ives and ?o ?icies. Town of Vail Community Development Department CReview & ??indings .. . ¦ - iat tie pro Cosa is consistent wi,: i tie _ions lead Redeve o )men- - Vlas,;er :1 an. ¦ ?ia-=: ie )ro)osa does not otierwise lave a signi-Icant. negative eo'ect on ie c iarac,wer o" t ie neig i )or food. ¦ - ie pro Cosa is in com ) lance wit i tie )ur:)oses o"tie Jons lead Mixed Use -2 Dis-'-,ric---, _ Town of Vail Community Development Department DS N Ts --- ix ¦ Novo m per ' 8t" -Overview o,? Master P.an & ?eviiew Criteria w/' TC ¦ Aov'ember 19t" -Overview o-` Master Pan & review Criteria w/ D R 3 o N2.z-.th -Overview o ' Master ' an & Review Criteria w/ :D EG. ¦ D Joint, Meeting w/ TC/ ? Z C/D, R.3 ¦ Decern?er 8th- =first P=C woresession meeting Town of Vail Community Development Department vai1Town Gouncil pesign Review Board nvironmental & E planning CornMission er Novemb er 19, 2008 Novemb 2 er ? , 2008 Novemb CHAPTER 5 (in pad) Detailed Plan Recommendations This section of the Lionshead Master plan examines individual parcels and groups of parcels within the Lionshead study area, excluding the residential properties on the south side of Gore Creek. The intent of this chapter - and the Master plan as a whole - is to identify important functional relationships and visual objectives within the district and to propose a framework for the long-term redevelopment of Lionshead. The document does not intend to limit or eliminate ideas relating to specfc parcels, any proposals consistent with this framework should be considered even if they are not anticipated in this document. The parcels addressed here are organized generally from east to west, starting with the civic hub on the eastern end of the parking structure. 5.17 West Day Lot( Vail Associates Service Yard/ Holy Cross Site/Gas Station Site Nail Professional Building/ Cascade Crossing Planning for the westem end of Lionshead must consider two different scenarios. the realignment of South Frontage Road and its retention in the existing alignment. While the introduction of lift service is viable in either of these Frontage Road alternatives, site design will vary depending upon what happens to the Frontage Road alignment. See Figures 4-9a, and 4-9b for the Frontage Road realignment alternatives. Notwithstanding these different Frontage Road scenarios there should be an increase of existing office square footage and "no net loss" of retail square footage as a result of the redevelopment of these parcels. Higher densities and building heights may be appropriate in this area, particularly to encourage the development of employee housing. However, any development must meet the overall character and visual intent of the master plan and be compatible with the adjacent existing development of the Marriott and the Vail Spa. As compared to a separate, free-standing portal, West Lionshead is considered a part of the greater Lionshead area. In order for this area to be successful, it is important to have a strong pedestrian connection with the rest of Lionshead. A strong connection along the Gore Creek corridor already exists. Streetscape improvements along West Lionshead Circle between Concert Hall Plaza (currently the westem end of Lionshead retail influence) and the Ritz-Cartton Residences will strengthen existing conditions, and in doing so, improve the viability of mixed uses in West Lionshead. Improvements to street lighting, walking surfaces, seating areas and public art are just some examples of what could strengthen this corridor and in doing so further integrate this area with the rest of Lionshead. parcel. It is assumed that these parcels would be re-zoned to Lionshead Mixed Use 1. The Holy Cross site and the Vail Professional Building both abut Red Sandstone Creek. Any redevelopment of these parcels should consider how the Creek can be enhanced and made an asset or amenity of this redevelopment area. b. Frontaae Road Realianment behind the Maintenance Yard and Holv Cross site The greatest benefit of this realignment altemative is that it results in one very large and contiguous development parcel and in doing so integrates the Maintenance Yard/Holy Cross site with the West Day Lot by removal of the barrier created by the existing Frontage Road alignment It also creates the best pedestrian environment in creating an extension of the Lionshead Retail area in that it provides the potential to establish a convenient and desirable pedestrian connection to the rest of Lionshead. With this alternative the most viable site for a public parking facility would still be the Maintenance Yard/Holy Cross parcels. With the re- location of the Frontage Road lift access out of the old gas station site would not require a grade separated pedestrian crossing to the Maintenance Yard/Holy Cross parcels. However, a grade separated crossing over the re-located Frontage Road would be needed to link the Holy Cross site with the Vail Professional Building. This alternative would. also present the opportunity for relocating and/or enhancing Red Sandstone Creek to make it more accessible to the community and an aesthetically pleasing water feature. One possibility maybe to pond the creek just south of the 1-70 corridor and diverting all or a portion of the flow underneath the new Frontage Road in order to bring "live water" through the westem end of the Holy Cross site. Any modification or enhancement to the creek corridor would be subject to U. S. Army Corp of Engineers approval. A strong east-west oriented pedestrian corridor with ground floor retail uses would be necessary to create a strong connection between this area and the rest of Lionshead. 3 POTENTIAL BUS/TRANSIT STOP PROPOSED MIXED USE BUILDING AREA 1 GROUND FLOOR RETAIL / MIXED USE ABOVE _ SKI AREA SUPPORT W/ SUB GRADE MAINTENANCE GON DOLA PARKING STRUCTURE U Ad? ?j r czx OYERWIS FIGURE 4-9 - EXISTING FR ONTAGE ROAD ALIGNMENT / WEST LIONSHEAD DEVELOPMENT CONCEPT 4 POTENTIAL BUS/TRANSIT STOP PROPOSED MIXED USE BUILDING AREA GROUND FLOOR RETAIL / MIXED USE ABOVE _ SKI AREA SUPPORT W/ SUB-GRADE MAINTENANCE ?'i; GONDOLA PARKING STRUCTURE/ - ?' WER?ASSr i 5 25 RIA?Q? \ r i i i Ed i i 1 1 1 1 1 1 FIGURE 4-9A - RE-ALIGNED FRONTAGE ROAD / WEST LIONSHEAD DEVELOPMENT CONCEPT i ?? 12-71-1 CHAPTER 7 COMMERCIAL AND BUSINESS DISTRICTS ARTICLE 1. LIONSHEAD MIXED USE 2 (LMU-2) DISTRICT SECTION: 12-71- 1: Purpose 12-71- 2: Permitted And Conditional Uses; Basement Or Garden Level 12-71- 3: Permitted And Conditional Uses; First Floor Or Street Level 12-71- 4: Permitted And Conditional Uses; Second Floor And Above 12-71- 5: Conditional Uses; Generally..(On All Levels Of A Building Or Outside Of A Building) 12-71- 6: . Accessory Uses 12-71- 7: Exterior Alterations Or Modifications 12-71- 8:. Compliance Burden 12-71- 9: Lot Area And Site Dimensions 12-71-10: Setbacks 12-71-11:_ Height And.Bulk 12-717.12: Density (Dwelling Units Per Acre) 12-71-13: Gross Residential. Floor Area (GRFA) 12-71-14: Site Coverage 12-71-15: Landscaping And Site Development 12-71-16:.. Parking And Loading 12-71-17: Location Of Business Activity 12-71-18: Mitigation Of Development Impacts 12-71-1: PURPOSE: The Lionshead mixed use 2 district is intended to pro- vide sites for a mixture of multiple-family dwellings, lodges, hotels; fractional fee clubs, timeshares, lodge dwelling units, 12-71-1 restaurants, offices, skier services; light industrial activities, and commercial estab- lishments in a clustered, unified develop- ment. Lionshead mixed use 2 district, in accordance with the Lionshead redevelop- ment 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 zone district by establishing appropriate site develop- ment standards. This zone district is meant to encourage and provide incentive's for redevelopment in accordance -with : the Lionshead redevelopment master plan. This zone district was specifically devel- oped to provide incentives for properties to redevelop.. The ultimate goal of these incen- tives is to-create an economically :vibrant lodging, housing, and commercial core area. The incentives in this zone district include, increases in allowable gross resi- dential floor. area, building height, and den- sity 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 redevelop- ment master, plan. Additionally, the incen- tives are created to help finance public, off site, improvements` adjacent to redevelop- ment-projects; Public amenities which will be evaluated with redevelopment proposals taking advantage, -of the incentives created herein may include: streetscape improve- ments, pedestrian/bicycle access, public September 2006 Torun of Vail 12-71-3 the building that is located at grade or street level along a pedestrianway. B. Permitted Uses: The following uses shall be permitted on the first floor or street level within a structure: Banks, with walk-up teller facilities. Child daycare centers. Eating and drinking establishments. Recreation facilities. Retail stores and establishments. Skier ticketing, ski school and skier services. Travel and ticket agencies. Type IV employee housing units, as further regulated by chapter 13 of this title. Additional uses determined to be similar to permitted uses described in this subsection, in accordance with the provisions of section 12-3-4 of this title. C. Conditional Uses: The following uses shall be permitted on the first floor or street level floor within a structure, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Beauty and barber shops. Conference facilities and meeting rooms. Electronics sales and repair shops. 12-71-4 Financial institutions, other than banks. Liquor stores. Lodges and accommodation units. Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and em- ployee housing units (type III (EHU) as provided in chapter 13 of this title). ' Additional 'uses determined to be similar to conditional uses described in this subsection, in accordance with the provisions. of section 12-3-4 of this title. (Ord. 29(2005) § 24: Ord. 6(2000) § 2: Ord. 3(1999) § 2) 12-71-4: PERMITTED AND CONDI- TIONAL USES; SECOND FLOOR AND ABOVE: A. Permitted Uses; Exception: The fol- lowing uses shall be permitted on those floors above the first floor within a structure: Lodges and accommodation units. Town of Vail Multiple-family residential dwelling units, timeshare units, fractional fee clubs, lodge dwelling units, and em- ployee housing units (type III (EHU) as provided in chapter 13 of this title). Type IV employee housing units, as further regulated by chapter 13 of this title. Additional uses determined 'to be similar to permitted uses described in this subsection, in accordance with September 2006 12-71-6 12-71-7 12-71-6: ACCESSORY USES: The follow- of commercial floor area or common ing accessory uses shall be space, or any project which has sub- permitted in the Lionshead mixed use 2 stantial off site impacts (as deter- district: mined by the administrator) shall be reviewed by the planning and environ- Home occupations, subject to issuance of a mental commission as a major exteri- home occupation permit in accordance with or alteration in accordance with this the provisions of section* 12-1412 of 'this chapter and section 12-3-6 of this title. title. Any project which requires a condi- tional use permit shall also obtain Loading and delivery' and parking facilities approval of the planning and environ- customarily incidental and accessory to mental commission in accordance with permitted and conditional uses. chapter 16 of this title. Complete ap- plications for major exterior alterations Minor arcades. shall be submitted in accordance with administrative schedules developed Offices, lobbies, laundry; and other facilities by the department of community de- customarily incidental and accessory to velopment for planning and environ- hotels, lodges, and multiple-family uses. mental commission and design review board review. Outdoor dining decks and patios. B. Submittal Items Required: The follow- Swimming pools, tennis courts, patios or ing submittal items are required: other recreation facilities customarily inci- dental to permitted residential or lodge 1. Application: An application shall be uses. made by the owner of the building or the building owner's authorized agent Other uses customarily incidental and ac- or representative on a form provided cessory to permitted or conditional uses, by the administrator. Any application and necessary for the operation thereof. for condominiumized buildings shall (Ord. 29(2005) § 24: Ord. 3(1999) § 2) be authorized by the condominium association in conformity with all perti- nent requirements of the condominium 12-71-7: EXTERIOR ALTERATIONS OR association's declarations. MODIFICATIONS: 2. Application; Contents: The adminis- A. Review Required: The construction of trator shall establish the submittal a new building or the alteration of an requirements for an exterior alteration existing building shall be reviewed by or modification application. A com- the design review board in accordance plete list of the submittal requirements with chapter 11 of this title. However, shall be maintained by the administra- any project which adds additional for and filed in the. department of com- dwelling units, accommodation units, munity development. Certain submittal fractional fee club units, timeshare requirements may be waived and/or units, any project which' adds more modified by the administrator and/or than one thousand (1,000) square feet the reviewing body if it is demonstrat- September 2006 Torun of Vail 12-71-11 dards found in the Lionshead redevelop- ment master plan. Flexibility with the stan- dard, as incorporated in the Lionshead redevelopment master plan, shall be afford- ed to redevelopment projects which meet the intent of design guidelines, as reviewed and approved by'the design review board. (Ord. 29(2005) § 24: Ord. 3(1999) § 2) 12-71-12: DENSITY (DWELLING UNITS rv,x ACRE): Up to a thirty three percent (33%) increase over the existing number of dwelling units on a property or thirty five (35) dwelling units per acre, whichever is greater shall be allowed. For the purpose of calculating density, employ- ee housing units, accommodation units, timeshare units, and fractional fee club units shall not be counted as dwelling units. Additionally, -a °lodge dwelling unit", as defined herein, shall be counted as twenty five percent (25%) of a dwelling unit for the purpose of calculating density. A dwelling unit in a multiple-family building may include one attached accommodation unit no larger than. one-third ('/3) of the total floor area of the dwelling. (Ord. 31(2001) § 5: Ord. 3(1999) § 2) 12-71-13: GROSS RESIDENTIAL FLOOR AREA (GRFA): Up to two hun- dred fifty (250) square feet of gross resi- dential floor area shall be allowed for each one hundred (100) square feet of buildable site area, or an increase of thirty three percent (33%) over the existing GRFA found on the property, whichever is greater. Multiple-family dwelling units in this zone district shall not be entitled to additional gross residential floor area under section 12-15-5, °Additional Gross Residential Floor Area (250 .Ordinance)°, of this title.. (Ord. 3(1999) § 2) 12-71-17 12-71-14: &La-z COVERAGE: Site cover- age shall not exceed seventy percent (70%) of the total site area, unless otherwise specified in the Lionshead rede- velopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 2) 12-71-15: LANDSCAPING AND SITE DE- VELOPMENT: At least twenty percent (20%) of the total site area shall be landscaped, unless otherwise specified in the Lionshead redevelopment master plan. (Ord. 29(2005) § 24: Ord. 3(1999) § 2) 12-71-16: PARKING AND LOADING: Off street parking and loading shall be provided in accordance with chapter 10 of this title. At least one-half ('/o the re- quired parking shall be located within the main building or buildings. (Ord. 3(1999) § 2) 12-71-17: LOCATION OF BUSINESS AC- TIVITY.-A. Limitations; Exception: All offices, businesses and services permitted by zone district, shall be operated and conducted entirely within a building, except for permitted unenclosed park- ing or loading areas, the outdoor dis- play of goods, or outdoor restaurant seating. B. Outdoor Displays: The area to be used for outdoor display must be located directly in front of the estab- lishment displaying the goods and entirely upon the establishments own property. Sidewalks, building entranc- es and exits, driveways and streets shall not be obstructed by outdoor display. (Ord. 3(1999) § 2) September 2006 Town of Vail Town of Vail Wildfire Hazard Map and 20 08 Tr ee remo val Project Trees removed from Town-o wned land and/or R. 0. W.s within Vail (total trees removed in 2008: 835) 1 Trees 1 Trees 4 Trees 3 T s 4 Trees 120 Trees I 3 Trees ree 4 Trees 5 Trees 2 Trees -Potato Parch 3 Trees 1 Trees Booth Falls Spraddle Creek 5 Trees Lion's Ridge E I 4 Trees ,? 3 Trees , , l t Buffehr Creek Lv - -= - \ 100 Trees 31 Trees] This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only The Town of Vail does not warrant the accuracy of the i 1 contained herein. (where shown, parcel line work is approximate) Data Sources Town of Vail Community Development D:,.; . . . Eagle County GIS Department Eagle County Community Development D.,.:... u,. ?. (wildfire risk assessment - see Town of Vail 's Integrated Fire Plan for more details) Hazard = (Disturbance Rank1x0.g5 a [Fuel Rank[xO 40 a [AspectClasslxO.10 x [Slope Class[x0.15 ni ?r a Nov, 2008 3 Trees A. ? F 20 Trees 15 Trees 18 Trees EAST VAIL 5 Trees 12 Trees Wildfire Hazard Rating Golf Course 70 Trees 7 1 Trees 3 Trees 5 Trees 41 Trees 10 Trees Je`?? ? oaoc ? ??, ?o e 31 Trees 2 Trees 1 Trees 15 Trees 22 Trees 20 Trees] 15 Trees 12 Trees] 5 Trees J a. \ 1 Trees 2 Trees I t 1 Feet ' -, ,II II 0 3,000 6,000 _.rr?.x..._ TOWN OFY?,