HomeMy WebLinkAbout2009-03-03 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., TUESDAY, MARCH 3, 2009
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. (20 min.)
2. Kristen Bertuglia ITEMITOPIC: Proclamation No. 1, Series of 2008. Plastic Bag
Proclamation. (5 min.)
3. Stan Zemler ITEMITOPIC: Town Manager's Report. (15 min.)
a. A discussion to seek direction on whether to prepare a feasibility
study of expanded public parking at Ford Park, and setting forth
details in regard thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny staff's request to prepare a feasibility study of
expanded public parking at Ford Park.
BACKGROUND RATIONALE: On November 18, 2008, the Vail Town
Council adopted its 2008 -2009 Strategic Work Plan. As part of the
Parking/Transportation section, the work plan includes the "Creation
of a Parking Feasibility Master Plan Exploring Alternatives" which
more specifically includes the plan to "Review Ford Park as the Town
option of meeting the parking demand now" and a 2009 first quarter
action item to "Complete the Ford Park study and determine the
direction the Town will pursue to construct near -term parking
expansion. "
STAFF RECOMMENDATION: Staff recommends the Vail Town
Council instructs staff to prepare a feasibility study of expanded public
parking at Ford Park.
b. Revenue Update.
4. ITEMITOPIC: Consent Agenda. (5 min.)
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a. Approval of 02.03.09 & 02.17.09 Town Council Minutes.
Warren Campbell b. The applicant, Eagle River Water and Sanitation District ( ERWSD),
is requesting permission to proceed through the development review
process to allow for the installation of perimeter fencing around the
Gore Valley water storage tank on Town of Vail owned property
located at 5004 Snowshoe Lane.
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny the request to proceed through the
development review process.
BACKGROUND RATIONALE: In 2002, the Federal Public Health
Security and Bioterrorism Preparedness and Response Act required,
in part, that communities conduct a drinking water vulnerability
assessment as administered by the Environmental Protection Agency
(EPA) with direction from the Department of Homeland Security. The
ERWSD conducted this required Vulnerability Assessment which
specifically noted that the Gore Valley water storage tank should have
perimeter fencing for water supply protection. The State of Colorado
Department of Public Health and Environment is recommending the
ERWSD install this fence to protect Vail's public water supply. Since
portions of the existing water storage tanks are located on Town of
Vail property, the applicant must first obtain Vail Town Council (i.e.
property owner) approval before proceeding through the Town's
development review process for the new fence.
STAFF RECOMMENDATION: The Community Development
Department recommends that the Vail Town Council approves the
applicant's request to proceed through the development review
process.
5. Nina Timm ITEM/TOPIC: Proposed Chamonix Employee Housing Action
Plan. (15 min.)
ACTION REQUESTED OF COUNCIL: Instruct Staff and
appropriate funds to move forward with the proposed' Chamonix
Employee Housing Action Plan. (15 min,)
BACKGROUND RATIONALE: In 2008, the Town of Vail adopted
the Chamonix Master Plan and rezoned the Chamonix Property to
the Housing (H) District to allow for the development of deed
restricted employee housing units. The Chamonix Master Plan
calls for approximately 58 deed restricted, for -sale employee
housing units. In order to ensure project success the Town has
completed a cost validation study and has engaged EPS to
provide the Town with a site specific market analysis. The
proposed action plan builds upon all of the previous work and
establishes the steps and timeline to be prepared to issue a
Request For Proposals (RFP) to develop employee housing at the
Chamonix Property.
STAFF RECOMMENDATION: Instruct Staff to move forward with
the proposed Chamonix Employee Housing Action Plan.
6. Stan Zemler ITEMITOPIC: Town Council's short list announcement for potential
Timber Ridge Redevelopment teams. (20 min.)
ACTION REQUESTED OF COUNCIL: Provide the Timber Ridge
Redevelopment Advisory Committee with Town Council's short list for
potential Timber Ridge Redevelopment teams that should be invited
to participate in oral presentations and interviews with the Timber
Ridge Redevelopment Advisory Committee,
BACKGROUND RATIONALE: On December 18, 2008, the Town of
Vail issued a Request for Qualifications and Proposals (RFQ /P) for
the redevelopment of one -half of Timber Ridge Village Apartments.
Ten teams have responded to the Town's RFQ /P. The Town
established the nine member (Vail Local Housing Authority and Town
Staff) Timber Ridge Redevelopment Advisory Committee to review
the proposals and make a recommendation to Town Council. Town
Council has reviewed all of the proposals and received the Review
Committee's recommendation. Based upon Town Council's review
and the recommendation provided the Town Council will be
establishing a short list of potential development teams to be invited to
participate in oral presentations and interviews.
STAFF RECOMMENDATION: Provide the Review Committee with
Town Council's preferred short list.
7. Warren Campbell ITEM/TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals,
Vail Town Code, of the Town of Vail Planning and Environmental
Commission's decision to approve a major exterior alteration
application, pursuant to Section 12 -7H -7, Exterior Alterations or
Modifications, Vail Town Code, to allow for the redevelopment of
the property known as the "North Day Lot" with a multiple unit
employee housing project, located at 600 West LionsHead
Circle /Part of Lot 1, Block 1, Vail LionsHead Filing 3, and setting
forth details in regard thereto. (PEC080009). (60 min.)
ACTION REQUESTED OF COUNCIL: Uphold, overturn, or modify
the Planning and Environmental Commission's decision to approve,
with conditions, a major exterior alteration application, pursuant to
Section 12 -3 -3, Appeals, Vail Town Code.
BACKGROUND RATIONALE: On February 9, 2009, the Planning
and Environmental Commission approved, with conditions, a
request for a final review of a major exterior alteration, pursuant to
Section 12 -7H -7, Exterior Alterations or Modifications, Vail Town
Code, to allow for the redevelopment of the property known as the
"North Day Lot", with a multiple unit employee housing project, by
a vote of 6 -0 -0.
On February 17, 2009, the Vail Town Council "called -up" (i.e.
appealed) the decision of the Planning and Environmental
Commission by a vote of 7 -0 -0. The reason cited for the call -up is
to consider the conditions placed upon the approval by the
Planning and Environmental Commission.
STAFF RECOMMENDATION: Staff recommends the Town
Council upholds the decision of the Planning and Environmental
Commission.
8. Matt Mire ITEM/TOPIC: Ordinance No, 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the
Offense of Disturbing the Peace in the Town of Vail; and Setting
Forth Details in Regard Thereto. (10 min.)
ACTION REQUESTED OF COUNCIL: Approve, approve with
modifications, or deny Ordinance No. 2, Series of 2008, on
second reading.
BACKGROUND RATIONALE: Text messaging and email have
become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of
communication can be abused and used for the purpose of
harassing others. This type of harassment is already prohibited
by Colorado State Statute.
STAFF RECOMMENDATION:
Approve, approve with modifications, or deny Ordinance No. 2,
Series of 2009, on second reading.
9. Kathleen Halloran ITEM/TOPIC: 2009 Budget Adjustments; Second Reading of
Ordinance No. 5, Series 2009, an ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects
Fund, and Heavy Equipment Fund of the 2009 Budget for the
Town of Vail, Colorado; and authorizing the said adjustments as
set forth herein; and setting forth details in regard thereto. (10
min.)
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the second reading of Ordinance No. 5, Series of
2009.
BACKGROUND RATIONALE: Due to the decline in construction
and concern with sales tax revenue, the Town Manager is
proposing adjustments to the 2009 Budget which was passed on
November 18, 2008.
STAFF RECOMMENDATION. Staff recommends that the Town
Council approves or approves with amendments Ordinance No. 5,
Series of 2009, upon second reading.
10. ITEMITOPIC: Adjournment. (8:35 p.m.)
(ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION
WILL BEGIN AT TBD, TUESDAY, MARCH 17, 2009 IN THE VAIL TOWN COUNCIL
CHAMBERS.
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KICK THE BAG HABIT - PLASTIC BAG FREE
MONTH PROCLAMATION
WHEREAS, the Town of Vail has a responsibility and a desire to protect the natural
environment and the health of citizens, guests, and wildlife; and
WHEREAS, plastic bags are not biodegradable, and are not accepted at the Town's drop -off
recycling facility, and can take up to 1,000 years to decompose; and
WHEREAS, the disposable bag industry has adverse effects on human health, climate
change, resource consumption, terrestrial and marine ecosystems, and solid waste
management; and
WHEREAS, plastic bags in the U.S. require 12 million barrels of oil, 5.5 million cubic
meters of water to produce, and are responsible for toxic chemical pollution, wildlife death,
and 4 million tons of carbon dioxide each year; and
WHEREAS, the Town of Vail will actively participate in the Colorado Association of Ski
Towns (CAST) Reusable Bag Challenge, a friendly competition among resort communities
in Colorado, Utah and Wyoming to reduce the consumption of single use shopping bags; and
WHEREAS, reducing disposable bag use will help the Town reach its goal of reducing
landfill contributions by 10% within five years and 25% within 10 years.
WHEREAS, the Town Council wishes to support the Challenge by highlighting one month
of the competition, designating it "plastic bag free "; and
WHEREAS, staff will explore ways to further increase the use of reusable bags instead of
paper or plastic bags at retail and grocery stores in the Town of Vail beyond the competition;
and
WHEREAS, the Town Council recognizes the participation and dedication of the local and
regional retailers who have urged their customers to shop with reusable bags; and
WHEREAS, the Town of Vail intends to be a leader in environmental sustainability,
maintain its competitive nature and win the CAST Challenge in 2009;
NOW, THEREFORE, BE IT RESOLVED THAT, the month of April, 2009 is hereby
designated as Plastic Bag Free Month in the Town of Vail in the spirit of the Colorado
Association of Ski Towns Reusable Bag Challenge 2009.
INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of March,
2009.
Richard D. Cleveland, Mayor,
ATTEST:
Lorelei Donaldson, Town Clerk
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: March 3, 2009
SUBJECT: Chamonix Employee Housing Recommendations For Action
I. DIRECTION REQUESTED FROM TOWN COUNCIL
Do you want staff to continue moving forward on Chamonix Employee Housing
development at this point in time?
If so, please instruct staff and appropriate funds to engage an architecture firm to
assist in conducting focus group meetings to create a vision for the Chamonix
Employee Housing. With this information Staff will confirm construction pricing
based on the more detailed plans so Town Council will be able to best
understand and evaluate potential subsidies needed. If so, instruct staff to
implement and appropriate the necessary funding to implement the
recommended action plan below.
II. INTRODUCTION
In 2008, the Town of Vail rezoned and adopted a Master Plan for the Chamonix
Property, in order to facilitate the development of approximately 58 for -sale
employee housing units and a new West Vail Fire Station.
On December 16, 2008, Economic & Planning Systems (EPS) of Denver, CO,
presented a cost analysis for construction of the employee housing units based
on the Master Plan. The cost analysis provided the Town of Vail with
On February 17, 2009, EPS presented the findings of their site specific market
analysis. At the conclusion of the market analysis, they presented a
recommended action plan. The action plan has six recommended actions. The
Town of Vail was encouraged to begin taking action immediately so the Town will
be ready to commence construction as soon as key indicators provide more
positive market conditions.
III. RECOMMENDED ACTION PLAN
The proposed action plan contained the following action steps:
1. Evaluate Feasibility
The Town has a model that compares development costs to projected
revenue by Area Median Income (AMI) targets. The model should be
modified to account for the recommended pricing based on the existing
market study, to determine the extent of subsidy needed to achieve the
Town's goals. (estimated completion by July 31, 2009)
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2. Create a Vision for the Site
Retain the services of an architectural firm to develop a vision for the
Chamonix community and its architectural character. This should include
conducting site specific community meetings that include potential residents,
neighbors, and employers to develop a detailed plan that is most responsive
to the market and the site. (estimated completion by May 31, 2009)
3. Refine Construction Costs
Based upon the further detail established in the previous steps, work directly
with contractors and modular construction companies to refine the
construction cost estimates. With clear direction regarding unit sizes, density,
and configuration the Town can secure detailed estimates without significant
additional investment. (estimated completion by June 30, 2009)
4. Secure Federal Housing Administration (FHA) Deed Restriction and
Project Approval
While it is too soon to get project approval from FHA, it is the time to begin
working on getting the Town of Vail deed restriction approved by FHA.
Historically, deed restriction approval has taken longer than project approval.
The Town of Vail has never worked with FHA on deed restriction approval
and it may prove to be a time consuming, but not expensive process.
Therefore, it is appropriate to begin the deed restriction approval process.
(on going)
5. Secure Fannie Mae Deed Restriction and Project Approval (if available)
At Vail Commons, Red Sandstone, and North Trail Townhomes the Town of
Vail has successfully secured deed restriction and project approval from
Fannie Mae. The Town has not gotten Fannie Mae approval since 2001 and
it is appropriate to ensure the deed restriction is in compliance with current
requirements. Fannie Mae has changed its policy and was not issuing
project approvals in the recent past, but this policy may be changing. It will
be important to keep up on changing policies and approvals. Again, this
could be a time consuming process, but not expensive. Therefore, it is
appropriate to begin the deed restriction approval process. (on going)
6. Monitor the Market
The Chamonix development is expected to perform well, but to have greater
insurance, particularly if the parameters are pushed toward the ends of the
recommended targets, it will be important to monitor overall market activity
and watch for signs of increasing activity. Key indicators the Town should
establish include: waitlists for existing deed restricted units elsewhere in
Eagle County, days on market for the overall MILS, and volume of sales
below $550,000. These should be tracked on a monthly basis to identify
favorable conditions for proceeding. (on going)
7. Prepare and Issue a Request for Proposals
After completing all of the previous action steps, the Town of Vail will have
the most complete information it needs to Issue a detailed request for
proposals that will allow the Town of Vail and the selected developer to
achieve the highest possible success. (estimated completion by August 31,
2009)
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Vail Town Council Meeting Minutes
Tuesday, February 3, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Mitt
Kevin Foley
Margaret Rogers
Andy Daly
Not present: Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input,
Jonathan Levine expressed concern about limited access to the Vail Village
transportation center and skier drop -off locations for transportation companies. Council
asked staff to make a written summary of what the complaints are.
Michael Cacioppo expressed concern about recent actions of the Vail Police
Department.
President of the Arrabelle at Vail Square Homeowner's Association Don Zelkin explained
to Council the association had several concerns that were not being addressed by the
Vail Resorts Development Company (VRDC). Cleveland told Zelkin to share his
concerns with staff although the matters were more than likely only able to be resolved
by the association and VRDC.
Paul Rondeau questioned a possible increase in the town's mill levy. Cleveland clarified
the abatement levy varied from year to year.
Vail Homeowner's Association representative Jim Lamont provided an update on the
latest developments with the "greeter" program and Hanson Ranch Road /Gold Peak
traffic management issues. Zemler explained town employees had been assisting
guests in the LionsHead, Vail Village and Golden Peak areas on Fridays to enhance the
visitor experience. He said he believed it too late in the season to incorporate a paid,
professional greeter program. "The issue will be addressed in the 2010 budget." Daly
said he would support matching any funds Vail Resorts may contribute toward the issue.
Vail Resorts representative Kristen Williams said the company would be willing to put
$10,000 toward the program if there were other participants. She stressed that greeter
efforts should only take place in Vail's main pedestrian corridors. Zemler said he was
not willing to use greeters for traffic control.
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Kaye Ferry expressed concern that Vail Village was losing first floor retail space due to
lack of zoning enforcement. Ruther said he would return with a comprehensive analysis
of the concerns.
The second item on the agenda was the Town Manager's Report.
• Timber Ridge Update.
Zemler said ten responses had been received for the Request for Proposals to
redevelop Timber Ridge. "A group has been formed to evaluate the proposals and we'll
be meeting very shortly." Daly asked if he would employ the use of an independent real
estate professional in the analysis of the RFP's. Zemler said many of the respondents
were professional groups who have done significant amounts of affordable housing.
• Revenue Update.
Budget and Financial Reporting Manager Kathleen Halloran reported when all sales tax
returns are received for the month of December, collections for the month were expected
to be $2,654,679, down 5.92% from December, 2007. Year -to -date sales tax collections
of $19.6M are up 3.8% overall from 2007. Inflation as measured by the consumer price
index was up only .1 % for the month of December, and up 3.8% for all of 2008
compared to prior year. Use tax collections as of January 28, 2009 total $4,527. 2008
collections totaled $613,283 of revenue. 2008 construction permit revenue totals
$2.5M, down 14% from full year 2007. The decrease in activity from the prior year is
due to 'both major and non -major redevelopment projects. Major redevelopment projects
make up 79% of the total, and construction permit fee revenue from those projects is
down by 10% from prior year. Revenue from non -major projects is down 24 % from
2007. January 2009 construction permit revenue totals $12,000, down 74% from
January, 2008. A significant portion of that variance is due to a major redevelopment
project in 2008. With the majority of 2008 transactions recorded, year -to -date Real
Estate Transfer Tax (RETT) collections through December 31, 2008, total $9.0 million
with over $1.5 million received in December. As of today, RETT collections for 2008 are
31 % higher than 2007. In addition, 2008 revenues have exceeded the annual budget by
$1.8 million, or 25 %, Major redevelopment projects including Arrabelle, Chalets at the
Lodge at Vail, Forest Place, Manor Vail, One Willow Bridge, Vail Plaza and The Willows
contributed $6.3 million or 69% of the total in 2008, while only $2.0 million or 30% of the
total in 2007 consisted of major redevelopment projects. Meanwhile, RETT collections
from property transfers not related to major redevelopment projects dropped by 38% in
2008 compared with 2007. The overall real estate market in Eagle County is down 27 %
in sales dollars and down 41% in sales transactions as of November, 2008. January
2009 RETT collections total approximately $124,000. This is 53% less than collections
in January of 2008. The entire variance is due to major redevelopment project sales in
2008 that did not occur in 2009; collections not related to major projects in January are
12 % higher than January 2008. Pass sales for the full year 2008 currently total
$793,592, a 13% decrease from full year 2007, and a 25 % decrease (or $257,000) from
the 2008 budget. Parking pass sales for November /December total $746,607, down
14.8% (volume of pass sales down 43 %) compared to November /December 2007.
January, 2009 pass sales total $20,765, down 14 % from January 2008. Daily sales (from
parking structures) for the full year 2008 total $3.9 million, up 7.6% from full year 2007,
and 1.1% down from 2008 annual budget. Daily sales for November /December total
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approximately $1 million, up 26% compared to November /December 2007. Of note, the
town had 5 fewer days of paid parking in November, 2008. As of January 27, 2009, daily
sales total approximately $819,593, up 2.5% from January, 2008. Zemler said he would
return to Council on February 17, with an update on the town's financial outlook.
Parking Task Force Update.
Public Works Director Greg Hall reported the most recent parking modifications
(locations /price) had led to diminished parking structure demand. "This was the original
intent of the Parking Task Force...We are making the Village more accessible to
people... We are trying to change the travel patterns of the locals... Bus usage is up
(9 %)...Added bus service has been added to West Vail as well as increased Frontage
Road service." Hall then explained 3,000 more tickets (3,000 more vehicles were able to
be parked) were taken in January in the Vail Village Structure as compared to 2008.
"LionsHead is down a small bit in January probably due to snow volume as it was very
high in January of 2008." Over the holidays more than 30 van pools were regularly
counted at the structures. Outside of the structures more than one hundred free spaces
had been added compared to 2007 -08 ski season. Another goal of the task force was to
create readily available shopper parking. "A lot of the goals of the Parking Task Force
have gone very well." Gordon clarified who the Parking Task Force was comprised of.
"So it's a pretty broad based group." Hitt commented, "It's a matter of supply and
demand and we are victims of our own success... It's been a very difficult thing to deal
with, but we have made an impact and reached some of the results we were looking
for... This parking problem isn't going away anytime real fast, but we are chipping away
at it." Rogers spoke in support of providing parking vouchers to those who shopped and
dined in the Villages. Daly asked Council to revisit summer parking in the very near
future (six weeks). "We've had two blow outs the last two summers." He then spoke in
support of pursuing a parking validation system. Hall said in February and March
intercept surveys would be undertaken in the parking structures. During a pause for
public input Paul Rondeau said he recently had a very good parking experience in
Arapahoe Basin. "There have to be better ways to communicate with first time Vail
skiers (in regard to parking)."
The third item on the agenda was the Consent Agenda.
• Approval of 01.06.09 and 01.20.09 Town Council Minutes.
Rogers moved to approve the minutes adding a minor amendment with Foley
seconding. The motion passed unanimously, 6 -0.
The fourth item on the agenda was the Town of Vail Evacuation Plan update.
Police Chief Dwight Henninger reported when an emergency threatens life and property,
the Town of Vail will activate its evacuation response. Residents will be notified to
evacuate via text message, phone, by a knock on the door or via loudspeakers from a
passing fire truck. The evacuation plan is available at www.vailgov.com /evac and
includes information on household preparedness and other important tips. Henninger
also encouraged citizens to subscribe to www.ecalert.org which allows pubic safety
personnel to send important messages via text message and/or email. Henninger
explained the town hosts quarterly emergency preparedness table -top exercises. When
discussing local infrastructure and its capacity to facilitate an evacuation Henninger
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noted, "Each on ramp can handle around 1800 cars per hour... There is a high comfort
level on my part we have the ability to get the people out of here if a situation takes
place where we need to do so ... We should be able to effectively move all the cars out of
the community in a few hours." When discussing the potential use of recreation paths to
facilitate an evacuation he said, "Bike paths probably do not gain us any capacity."
Henninger stated his next goal was to work with local hotels lodges in order to educate
them on how to evacuate their guests in an effective manner.
The fifth item on the agenda was the First reading of Ordinance No. 4, Series of 2009,
an ordinance amending Chapter 5 -1, Public Nuisances, to minimize the potential
negative effects of construction work lighting.
On October 21, 2008, the Town Council reviewed Ordinance No. 21, Series of 2008, an
ordinance amending the Town's outdoor lighting regulations
Chief of Planning Warren Campbell explained during the public comment portion of the
Council's hearing, concerns were raised about the impacts of construction lighting. In
part, the ordinance addressed construction site lighting for access, egress, etc.;
however, neither the town's previous lighting regulations nor Ordinance No. 21, Series of
2008, specifically addressed lighting for construction work activities. The Council
therefore instructed staff to update their work plan to include proposing options for
addressing the potential negative effects of construction work lighting. Staff prepared
options for the Council to consider and on January 2, 2009, . the Council directed staff to
draft amendments to the town's nuisance regulations to minimize the potential negative
effects of construction work lighting. The proposed amendments were drafted to meet
the goals of being understandable, enforceable, and to reduce the potential negative
effects of construction lighting on neighboring properties. However, the proposed
amendments are not intended to prohibit nighttime construction activities. Staff stated a
belief the proposed Ordinance No. 4, Series of 2009, accomplished these goals by
requiring construction work lighting to be directed away from neighboring properties and
to be turned off once the related work activities have ended. Foley moved to approve
the ordinance with Rogers seconding. The motion passed unanimously, 6 -0.
The sixth item on the agenda was the Final review of Resolution No. 26, Series of 2008,
a resolution amending the LionsHead Redevelopment Master Plan (LHRMP) to
incorporate the property known as the Glen Lyon Office Building site into the LHRMP
Area and to adopt site specific recommendations for the future redevelopment of the
Glen Lyon Office Building site, located at 1000 South Frontage Road West/ Lot 54, Glen
Lyon Subdivision.
Planner Nicole Peterson explained that on December 8, 2008, the PEC
voted 5 -0 -1
(Viele recused) to forward a recommendation of approval to Council for Resolution No.
26, Series of 2008. On January 6, 2009, Council discussed the proposed Resolution
No. 26, Series of 2008, at the afternoon work session. Staff incorporated the changes
and additions requested by the Council at the work session. When asked why a
development's maximum height would be set at 56 feet, applicant representative Jay
Peterson said it was derived through a comparison to the Tivoli Lodge. It was then
explained the applicant proposed to provide 100% of the required employee housing on
the site (the normal requirement would be 50% on- site). Approximately 4500 square feet
of employee housing would be required for the proposal. Peterson said his clients
thought this site could handle employee housing. "This is the direction we are willing to
go with it... It is something we wanted to do and it could be a benefit to this site." Daly
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clarified the height of the existing building was three stories tall on the creek side and the
two on the northern Frontage Road side of the parcel. Ruther clarified any development
could be no more than 56 feet high from the existing grade. Foley clarified the existing
building height maximum was determined by the Special Development District (SDD)
process. Jay Peterson said the existing building was around 40 feet tall. Hitt asked for
reassurance that the Gore Creek Recreation Path would not be eliminated. During a
pause for public comment, Kaye Ferry spoke against allowing office space on the first
floor as a use. Vail Homeowner's Association representative Jim Lamont said he was
ambivalent about potential commercial or retail uses without seeing a detailed
development plan. Daly said scale was very important on the site as it would be the
western entryway to the Ever Vail proposal. He also said the project would only
compound the need for an Interstate -70 underpass. Gordon moved to approve the
resolution with Daly seconding. Foley said he felt that a development plan was
necessary to approve the resolution. "I just think it's the wrong step to take at this time."
Cleveland said he was concerned about allowing office space on the first floor. Peterson
said he was comfortable removing any first floor office space language from the
proposal. He commented, "We have no guidance... Our only guidance is SDD No. 4
(Cascade Village) ... It allows us to relate to that area. Mire clarified the resolution was
not an application for a development. Daly then withdrew his second. The motion failed
due to a lack of a second. Daly then moved to approve the resolution, striking the first
floor office space language, with Gordon seconding. Rogers then expressed concern
residential uses could take place on the first floor. Peterson said that residential uses on
the first floor are conditional in LionsHead Mixed Use zoning districts, unlike office, which
is prohibited on the first floor in the LionsHead Mixed Use zoning districts. The motion
passed 5 -1, with Foley opposed.
The seventh item on the agenda was Adjournment.
Foley moved to adjourn with Hitt seconding. The motion passed unanimously, 6 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, February 17, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00
P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Mark Gordon
Farrow Hitt
Kevin Foley
Kim Newbury
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Input.
Gordon encouraged Council to not engage those who chose to use the opportunity for
citizen input.
Vail Citizens for Action representative Kent Logan commended Council for making
difficult budget decisions. Of the current recession he commented, "This is nothing short
of the biggest challenge since the founding of the town in the 1960's... The Vail of 2012
will be demonstrably different than the Vail we left in 2007 ... Our group recommends you
(Council) expand and mandate a professionally guided marketing program...This is
about saving jobs and saving small business."
Former Vail Councilmember Greg Moffet thanked Council for their service and offered
his help making difficult decisions.
Vail Local Marketing District Advisory Council (VLMDAC) representative Beth Slifer
spoke in support of utilizing James Chung to develop a comprehensive marketing
strategy.
Daly recommended heavily involving the VLMDAC in planning for future marketing
efforts. He then said Vail has stayed ahead of its competitors and must continue to work
to do so. "We must aggressively protect our market in these challenging times."
Hummers of Vail owner Jonathan Levine spoke in support of the skier drop -off location
on Hanson Ranch Road. He then expressed concern about "scab" taxi companies
operating on the Vail Village Transportation Center.
I
Vail Homeowner's Association representative Jim Lamont encouraged further use of
video surveillance equipment to monitor traffic throughout Vail.
Local business owner Lou Meskimen thanked the town for superbly maintaining Vocal
streets during periods of heavy snowfall.
The second item on the agenda was a Presentation of a 30 year award to Buck Allen,
Vail's Municipal Court Judge.
Cleveland Introduced Vail Municipal Judge Buck Alien and thanked him for his 30 years
of service to the town. Allen thanked the community for allowing him to serve for so
long.
The third item on the agenda was the Town Manager's Report.
• Loading and Delivery Update,
Police Operations Commander Susan Douglas said the recently opened Mountain Plaza
loading docks have been very successful (averaging 12 -16 delivery trucks per day). She
also said that efforts to limit delivery vehicles on Gore Creek Drive have been
successful. The next loading and delivery meeting is scheduled for March 2. "This will
be another opportunity where we will continue to evaluate our progress." Cleveland
clarified a twenty foot truck length limit has lowered complaints coming from the Hanson
Ranch Road area. United States Postal Service representative James Armstrong said
utilizing Mountain Plaza loading and delivery has extended the time required to deliver
mail in Vail Village. "It's the same for UPS... It's the same for FedEx ... The Post Office is
really truly not happy with this... We have regulations that prevent us from continuing this
type of delivery." Cleveland told Armstrong to attend the next Loading and Delivery
meeting.
The fourth item on the agenda was a request for direction from the Vail Town Council
on how to proceed with the South Frontage Road relocation application as it relates to
use of Town -owned right -of -way or a roadway easement.
Due to a predetermined conflict (Vail Resorts affiliation) Gordon recused himself from
the item and left the Council Chambers, Vail Resorts Development Company (VRDC),
the applicant, is proposing to relocate a portion of the South Frontage Road to facilitate
the redevelopment of West LionsHead. The Colorado Department of Transportation
(CDOT) requires that the Town of Vail submits the relocation application on behalf of
VRDC. Prior to submitting the application to CDOT, however, the Town of Vail must
approve the relocation application. The Town staff and the applicant have been actively
preparing the relocation application to submit to CDOT. Community Development
Director George Ruther asked Council to provide staff with direction on how they wished
to proceed with the South Frontage Road relocation application (i.e., town -owned right -
of -way or easement). On January 20, 2009, Council heard a work session presentation
on the proposed South Frontage Road relocation application. An outcome of the work
session was a request by Council for staff to prepare a list of potential pros and cons
associated with locating the South Frontage Road within a right -of -way or within an
easement. Staff recommended the Council direct staff to prepare the South Frontage
Road relocation application utilizing a town -owned right -of -way for the proposed road
improvements. VRDC representative Dominic Mauriello said he was ambivalent if the
2
town required a right -of -way or easement. Daly moved to continue to pursue the project
with a town -owned right -of -way. Foley seconded the motion. During a pause for public
comment local attorney Dan Wolfe said if the project was approved, at least five local
businesses will be forced to relocate. Daly clarified Wolfe's clients preferred Vail
Resorts engage the long term tenants (of the Vail Professional Building) and preferably
not move the building. The motion passed unanimously, 6 -0.
The fifth item on the agenda was Ordinance No. 2, Series of 2009, an Ordinance
Amending Title 6, Chapter 3, of the Vail Town Code Regarding the Offense of Disturbing
the Peace in the Town of Vail.
Text messaging and email have become a regular and consistent form of media and
communication in the United States and elsewhere. This kind of communication can be
abused and used for the purpose of harassing others. This type of harassment is
already prohibited by Colorado State Statute.
Rogers moved to approve the ordinance with Foley seconding. The motion passed
unanimously, 7 -0.
The sixth item on the agenda was the 2009 Budget Adjustments; First Reading of
Ordinance No. 5, Series 2009, an ordinance making budget adjustments to the Town of
Vail General Fund, Capital Projects Fund, and Heavy Equipment Fund of the 2009
Budget for the Town of Vail, Colorado.
Budget and Financial Reporting Manager Kathleen Halloran said that due to a decline in
construction and concern with sales tax revenue, the Town Manager is proposing
adjustments to the 2009 Budget which was passed on November 18, 2008. This budget
adjustment will decrease the town's budget by a total of $1.4 million, with nearly $1
million coming from the General Fund. Rogers said she appreciated staff being on top
of the economic crisis. Daly said the issue would be reviewed again in June. Foley
questioned reducing the Commission on Special Event (CSE) budget. "I can't support
the supplemental cut to the CSE." Gordon also expressed concern about the CSE
recommendation. He then asked if a Dobson Arena roof replacement could be deferred.
Gordon moved to approve the ordinance although leaving CSE unchanged with Hitt
seconding. Rogers encouraged staff to continue pursuing revenue enhancements. The
motion passed unanimously. CSE Coordinator Sybill Navas said the CSE would
continue to look after the overall interest of the town. During a pause for public comment
Lou Meskimen spoke in support of continued funding for the CSE. He did say Street
Beat did not contribute to his business on Gore Creek Drive. Vail Chamber and
Business Association (VCBA) representative Joyce Gedelman spoke in support of
continued CSE funding. "Our commitment is to the Vail business community and to
draw people into town." Foley thanked staff for their diligent and proactive efforts
shoring up the town's budgets. The motion passed 6 -1, with Cleveland opposed.
Cleveland stated he thought the town's special events could withstand a small reduction
in funding.
The seventh item on the agenda was the First Reading of Ordinance No. 6, Series of
2009, an ordinance amending Section 12 -7H -3, Permitted and Conditional Uses; and
Section 12 -16 -7, Use Specific Criteria and Standards, Vail Town Code, to allow business
offices and professional offices as conditional uses on the first floor in the LionsHead
Mixed Use -1 District.
3
{
On February 9, 2009, the PEC forwarded a recommendation of denial to the Vail Town
Council of Ordinance No. 6, 2009. This proposal would facilitate temporary business
offices being permanently located on the first floor of the Treetops and Concert Hall
Plaza buildings. This proposal could also facilitate new first floor offices throughout the
entire LionsHead area. During a pause for public comment applicant representative
Ross Davis said his goal was to encourage a long -term conditional use for offices in the
Tree Tops building. Gordon clarified the ordinance would allow any first floor location in
LionsHead to apply for office space as a conditional use. Kaye Ferry spoke in support of
maintaining all first floors in town as retail. "Our temptation to want to make these
changes during this economy is going to be great." Vail Homeowner's Association
representative Jim Lamont spoke in support of the ground floor remaining retail.
Treetops property manager Jeff Brown said a number of businesses have gone in an out
of the building and the location has never been good for retail. Lou Meskiman said the
Treetops building has historically been a "death zone" for retail. Ghiqui Hoffman asked if
Treetops would be a better retail location if the LionsHead parking structure was
redeveloped. Treetops Building owner Michael Hecht spoke in support of allowing
offices in the building. Gordon asked if staff has thought of other solutions for this
building. Rogers commented, "I refuse to believe we can't get creative about his and
come up with a way to make this building not be part of the commercial core of
LionsHead." Rogers moved to deny the proposed ordinance with Gordon seconding.
Newbury said she believed it was not up to the town to come up with a creative solution
to make the space viable. Cleveland said, "Our responsibility is up to the entire
community, not just a single building. I really question directing staff to find a creative
way to make a building economically viable." The motion failed 2 -5, with a motion from
Rogers and Gordon seconding. Newbury then moved to uphold the PEC
recommendation with Daly seconding. The motion passed 5 -2, with Rogers and Gordon
opposed.
The eighth item on the agenda was the Second reading of Ordinance No. 4, Series of
2009, an ordinance amending Chapter 5 -1, Public Nuisances, to minimize the potential
negative effects of construction work lighting.
On February 3, 2009, the Town Council approved the first reading of Ordinance No. 4,
Series of 2009, by a vote of 6 -0 -0. Rogers moved to approve the ordinance with Daly
seconding. The motion passed 7 -0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn with Foley seconding at approximately 8:15 p.m. The motion
passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
4
t
Lorelei Donaldson, Town Clerk
s
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: March 3, 2009
SUBJECT: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail
Planning and Environmental Commission's approval, with conditions, of a major exterior
alteration, pursuant to Section 12 -71-1-7, Exterior Alterations or Modifications, Vail Town
Code, to allow for the redevelopment of the property known as the "North Day Lot ", with a
multiple unit employee housing project, located at 600 West Lionshead Circle /Part of Lot 1,
Block 1, Vail Lionshead Filing 3, and setting forth details in regard thereto. (PEC080009)
Appellant: Vail Town Council
Planner: Warren Campbell /George Ruther
I. SUMMARY
On February 17, 2009, the Vail Town Council "called -up" the decision of the Town of Vail Planning
and Environmental Commission granted an approval, with conditions, of a development application
intended to facilitate the construction of a multiple unit employee housing project and public skier
drop facility. The expressed purpose of the call -up is to allow the Town Council the opportunity to
evaluate and consider the required conditions of approval.
ll. SUBJECT PROPERTY
The subject property, the "North Day Lot ", is located at 600 West Lionshead Circle /Part of Lot 1,
Block 1, Vail Lionshead Filing 3.
Ill. STANDING OF APPELLANT
Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Vail Town Council has standing to "call -
up" a decision of the Town of Vail Planning and Environmental Commission.
IV. REQUIRED ACTION
The Vail Town Council shall uphold, overturn, or modify the Town of Vail Planning and
Environmental Commission conditions of approval.
Pursuant to Sub - section 12- 3 -3 -05, Vail Town Code, the Town Council is required to make
findings of fact in accordance with the Vail Town Code:
"The Town Council shall on all appeals make specific findings of fact based directly
on the particular evidence presented to it. These findings of fact must support
conclusions that the standards and conditions imposed by the requirements of this
title (i. e. Title 12, Zoning Regulations, Vail Town Code) have or have not been met "
1
V. STAFF RECOMMENDATION
The Community Development Department recommends the Vail Town Council modifies the
Planning and Environmental Commission conditions of approval. Staff's recommendation is
based upon our review of the conditions and the necessary sequencing of events that must
occur and existing obligations (ie, skier drop off) that must be addressed by the applicant..
A summary of the modifications to theconditions of approval include:
• Accelerating the timeframe for providing the skier drop -off easement and South Frontage
Road easements to April 7, 2009 to ensure that the Town receives these commitments
regardless of the timing of the employee housing improvements,
• Modifying the timeframe for compliance with the housing agreement, permanent skier drop
off agreement and approval of a proposed construction schedule to 57 days to allow for
Town Council review on March 3 March 17` and April 7' Town Council meetings,
• Eliminating the obligation for Design Review Board approval as this action was completed
on February 18, 2009 and thus no longer needed,
• Further clarifying the requirement for no net loss of 105 existing parking spaces in
Lionshead,
• Eliminated redundancy between several of the conditions and combined them into one new
condition, and;
• Adding a condition requiring the review and approval of a construction staging and parking
plan.
Should the Vail Town Council choose to modify the request, the Community Development
Department recommends the following motion:
"The Town Council modifies the Town of Vail Planning and Environmental
Commission's conditions of approval, of a request for a final review of a major
exterior alteration, pursuant to Section 12 -7H -7, Exterior Alterations or Modifications,
Vail Town Code, to allow for the redevelopment of the property known as the "North
Day Lot ", with a multiple unit employee housing project, located at 600 West
Lionshead Circle /Part of Lot 1, Block 1, Vail Lionshead Filing 3, and setting forth
details in regard thereto. (PEC08-0009). "
Should the Vail Town Council choose to modify the conditions, the Community Development
Department recommends the following finding:
"Pursuant to Section 12- 3 -3 -05, the Vail Town Council finds, in accordance with the
Vail Town Code, that the modified conditions ensure that the requirements of the
Zoning Regulations and the obligations required of the prior approvals have been
met and /or will be met as a result of the modifications'"
VI. CONDITIONS OF APPROVAL
On February 9, 2009, the Planning and Environmental Commission approved, with conditions, a
request for a major exterior alteration to allow for the redevelopment of the property known as the
"North Day Lot ". The conditions placed on the approval were as follows:
(Recommended modifications are shown in bold and )
1) The Developer shall submit a permanent easement for the public skier drop -off, in a form
satisfactory to the Town, which establishes the extent, rights, and privileges associated with
2
1
y
the permanent nine - space, public skier drop -off, for review and approval by no later than
April 7, 2009. ' pancy.
2) The Developer shall submit a permanent easement for the potential South Frontage Road
access point into the site, in a form satisfactory to the Town, as depicted on Sheet C1.01,
dated January 30, 2009, for review and approval by no later than April 7, 2009. prierto
3) The Developer shall enter into a revised employee housing agreement, in a form
satisfactory to the Town, which establishes the dates by which building permit applications
will be submitted and construction shall commence for the letter of credit currently posted as
security for the project, which can be negotiated by the Town of Vail. This agreement shall
be in place within 30 days Of appFGVal of the FRajGF eAeFiGF alteFat by no later than
April 7, 2009.
4) The Develope_T hall enter into a revis pera Ricer rdrep of agreement in a form
satisfac,toFy to the TOWR, whiGh establishes the dates by WhiGh building permits wili be
s omitted and co nSstruGt ♦o.n_- shaAim- GOrmrr{n ne
nr for the letter of GFedit curre petite l as
seGHF for the prejeGt wh Gan be negotiated by the Town of Vail. Thus agreement I
he in place within 30 days of approval of the mair)r evterinr_ alteratie)n
5) The Developer shall provide the Town a construction schedule for the North Day Lot
employee housing and permanent skier drop -off projects for review and approval by the
Town of Vail wit by no later
than April 7, 2009. Said schedule shall include, but not be limited to, identification of a
building permit submittal date, a commencement of construction date, and a completion of
construction /delivery date for the projects. This schedule shall be utilized in the review of
condition 4-and 5 3 included with this approval.
Cer D66 9R Reviev.;
6) TH_ ll nnar rereiee6 final review and approval of the prope6ed rdeiyelenmept plan by th
o issuance of a
, v
bu perm
Prior to Submitting for Building Permits
7) The Developer submits a complete set of civil engineered drawings of the Approved
Development Plans including the required off site improvements, to the Town of Vail
Community Development Department for review and approval of the drawings, prior to
making application for the issuance of a building permit for the North Day Lot improvements.
8) That the Developer shall provide a plan for review and approval by the appropriate
reviewing authority, depending on the plan submitted, for terx► ry replacement of the 105
parking space currently on the North Day Lot. that W ill Rot be available during
G9f}$tFUGt Of the North Day Lot employee hog icing nrnieot acrd prior to th
; RGIUSiGR With the Ever Val! or some other prGjeGt. The plan
f04 ° pa*i °g
i
North clay L ot nr in a permanent IGGatien S Gh as Geer Vail. This plan shall be pFevided
submitted to the Town of Vail Community Development Department for review and
approval prior to submittal of building permits.
3
9) The Developer shall enter into a permanent skier drop -off operation and maintenance
agreement, in a form satisfactory to the Town, which establishes the standards,
responsibilities and procedures for the permanent skier drop -off facility on the North Day
Lot, prior to submitting for building permits.
10) The Developer shall enter into a construction and continued opeFatiGR easement agreement
for those improvements to be constructed Filing on
Town of Vail owned property (Tract C and Part of Lot 1, Block 1, Vail Lionshead, First
Filing) adjacent to the development site, in a form satisfactory to the Town, prior to
submitting for building permits.
r th
ro w the pepmaReRt sk drGp Off, i n a form
satisfy
12) The Developer shall submit a construction staging and parking plan to the Town of
Vail Community Development Department for review and approval, prior to
submitting for building permits. The purpose of the plan shall be to document how
and where the Developer commits to providing the requisite construction staging and
construction worker parking for the duration of the North Day Lot employee housing
and skier drop —off construction project and to minimize the negative impacts of
construction worker parking on existing public and private parking facilities.
Prior to Requesting a Any Certificate of Occupancy
13) The Developer shall submit a permanent cross - access easement for the use of a portion of
Town land (Part of Lot 1, Block 1, Vail Lionshead First Filing) for circulation needs
associated with the employee housing project, in a form satisfactory to the Town, prior to
requesting a any certificate of occupancy for the project
14) The Developer shall provide the Town with the legally executed and duly recorded Type I I I
deed restrictions with the Eagle County Clerk & Recorder's Office for the 32 on -site
employee housing units, prior to }mss- �suanGe of -a requesting any certificate of occupancy
for the project.
4
i
MEMORANDUM
TO: Town Council
FROM: Community Development Department
DATE: March 3, 2009
SUBJECT: Request to proceed through the Town's development review process with a proposal to
install perimeter fencing around the Gore Valley water storage tank on Town of Vail
owned property located at 5004 Snowshoe Lane (Summer Recreation Area, Vail
Meadows Filing 1).
Applicant: Eagle River Water and Sanitation District
Planner: Bill Gibson
I, SUMMARY
The applicant, Eagle River Water and Sanitation District ( ERWSD), is requesting permission to
proceed through the Town's development review process to allow for the installation of
perimeter fencing around the Gore Valley water storage tank on Town of Vail owned property
located at 5004 Snowshoe Lane.
Since portions of the existing water storage tanks are located on Town of Vail owned property,
the applicant must first obtain Vail Town Council (i.e. property owner) consent before
proceeding through the Town's development review process for the new fence. The
applicant's request, including photographs, has been attached for reference (Attachment A).
It. DESCRIPTION OF REQUEST
In 2002, the Federal Public Health Security and Bioterrorism Preparedness and Response Act
required, in part, that communities conduct a drinking water vulnerability assessment as
administered by the Environmental Protection Agency (EPA) with direction from the
Department of Homeland Security. The ERWSD conducted this required Vulnerability
Assessment which specifically noted that the Gore Valley water storage tank should have
perimeter fencing for water supply protection. The State of Colorado Department of Public
Health and Environment is recommending the ERWSD install this fence to protect Vail's public
water supply.
III. STAFF RECOMMENDATION
Staff recommends the Vail Town Council approves the applicant's request to proceed through
the development review process.
Please be advised that should the Town Council choose to approve this request, such an
approval would not constitute an explicit approval of the proposed improvements. Any
approval of this request will only grant the applicant the property owner authorization needed
to proceed through the Town's development review process.
IV. ATTACHMENTS
A. Applicant's request
1
Attachment A
EAGLE RIVER
WATER & SANITATION DISTRICT
646 Forest Road • Vag. Colorado 81657
(970) 476 -7480 • FAX (970) 476.4089
www_erwsd.org
February 5, 2009
Town Council Members
75 S Frontage Rd
Vail, CO 81857
SUBJECT: Fencing Project for Gore Valley Tanks
Dear Vail Town Council,
The Public Health Security and Bioterrorism Preparedness and Response Act (Public Law 107 -188) was passed on
June 12, 2002. Title IV (Drinking Water Security and Safety) of this law required each community serving more than 3,300
persons to perform a Vulnerability Assessment by December 31, 2003. The US EPA implemented the process under
direction from the Department of Homeland Security. Subsequently, the Eagle River Water and Sanitation District performed
a Vulnerability Assessment in October of 2002 and it was specifically noted that the Gore Valley Water Storage Tanks should
have perimeter fencing to provide additional protection for the water supply. Since this study was conducted, the District and
the Upper Eagle Regional Water Authority, which we also manage, have been identifying key locations that have heightened
activity or potential for intrusion. Some instances include Vail Tank 5 (Booth Falls), The Avon Drinking Water Facility, and the
Edwards Tank (Homestead).
While we have held off from fencing every tank in an effort to allocate funds appropriately, it has become apparent that the
Gore Valley Tanks are susceptible and need to be secured. This has been noted by numerous instances of vandalism and
high traffic through the area. Specifically, we have seen several bon fire rings atop the subterranean tank as well as adjacent
to the above- ground tank. The above - ground tank's cathodic protection was vandalized and physically removed from the tank
during the winter of 2008. Backcountry ski tracks abound on the site and, during the week January 19 five backcountry
snowboarders were seen atop the subterranean tank. The Gore Valley Tanks are the sole source of water storage in the East
Vail area and must be secured more effectively.
The EPA also funded a project known as WISE (Water Infrastructure Security Enhancements). WISE is a collaborative effort
between the American Society of Civil Engineers (ASCE), the American Water Works Association (AWWA) and the Water
Environment Federation (WEF) which has developed materials to assist in the implementation of security recommendations
for water and wastewater infrastructure. I have attached section 5.0 of the WISE document, Finished Water Storage
Facilities which was used in our decision making process. Based on this document we have identified our design basis
threat (DBT) for the Gore Valley Tanks to be base capability vandals, therefore requiring basic perimeter fencing with a
locked entrance gate.
Attached is the standard 10' security fence tank design that we plan to install at the Gore Valley Tank site. We would like to
receive input from the Town regarding an acceptable color and/or screening to be included with the installation and any other
comments or concerns.
We are committed to finding a process that is workable for us both in managing these facilities productively in the future.
Sincerely,
Todd Fessenden
Water Division Manager
Eagle River Water & Sanitation District
Enclosures: CDPHE Letter, WISE Section 5.0, aerial photos of the Gore Valley Tank site, fence cut sheet, Intermountain
Tank Fence schematics (similar to our plan for Gore Valley), plan view schematic of tank site, supplemental photos
c: Linn Brooks, Karen Shanley
CADOCUMENTS AND SMINOSIAHUMLOCAL SETTINGSWEMPORARY INTf_RNET FILESC0NTENT,0UTL00KNWG102226 EAST VAIL TANK TOV DOCX
ST CAF COLOKADO
Bill Hitter, Jr., Governor
James B. Martin, Executive Director o� cO_�op
\ 9 D
Dedicated to protecting and improving the health and environment of the people of Colorado F4� �� o
4300 Cherry Creek or. S. Laboratory Services Division * ° f
Denver, Colorado 80246 -1530 8100 Lowry Blvd. *. r *
Phone (303) 692 -2000 Denver, Colorado 80230 -6928
TDD Line (303) 691 -7700 (303) 692 -3090 Colorado Department
Located in Glendale, Colorado
of 1'ublie Health
hitpJ /www.cdphe.state.co.us and Fnvironment
January 28, 2009
Vail Town Council
75 South Frontage Road
Vail, CO 81657
Dear Town Council,
The security of our public water systems is vital to the health and well -being of those they serve, and
threats to these systems come in many forms, both intentional and accidental. We have seen from the
2008 Salmonella outbreak in Alamosa that a crippled water system affects much more than a resident's
ability to obtain safe drinking water. It can shut down schools, day care centers, hospitals,
restaurants, recreational facilities, and laundromats, as well as manufacturing and industrial processes.
One can imagine the impacts of an intentional contamination when the contaminant is unknown and
the water cannot be used for any purpose, including firefighting.
The Water Quality Control Division of the Colorado Department of Public Health and Environment
routinely conducts sanitary surveys based on guidelines established by the Colorado Primary Drinking
Water Regulations and the Design Criteria for Potable Water Systems. These documents can be found
on our web site at http• / /www cdi)he state.co us/ wa /drinkingwaterlOuickLinks.htmi Using these
documents as standards, our engineers inspect many aspects of the water system, including treatment
processes, storage tank integrity, and physical security. When deficiencies are observed, they are
ranked as Significant, Minor, or Recommendations. If deficiencies are not corrected, the system is
referred to our Enforcement Unit, at which point fines may be levied against the system. It is
important to note that over the past year, the Division has begun to escalate the enforcement of these
deficiencies, and it intends to continue this practice in the future.
The Design Criteria for Potable Water Systems is currently undergoing revision. By instruction from the
U.S. Environmental Protection Agency, the security portions of this document and of the sanitary
survey itself are receiving greater focus and scrutiny. The distribution system, of which storage tanks
are a part, will also receive greater attention because of its inherent vulnerability. When a vulnerability
or deficiency is identified, it becomes the water system's responsibility to correct or mitigate the
vulnerability. This is part of the due diligence that all water systems must practice. If the water
system has not practiced due diligence in regard to a known vulnerability, it may be held accountable
for harm to its customers that is related to the exploitation of this vulnerability by vandals, trespassers,
or other ill- doers.
Page 2 of 2
It has come to the Division's attention that Eagle River Water and Sanitation District (ERWSD) has
recognized vulnerabilities related to its Gore Valley water storage tanks in the Town of Vail. The
Division recommends that the system erects a fence adequate to protect the storage tank against
vandals and trespassers. Section 1.0.4 of Appendix I, Water Storage, of the Design Criteria for Potable
Water Systems states that measures should be taken to prevent trespassing, vandalism, and sabotage.
These measures include signage, fencing, and locks. Fencing should be designed such that nearby
objects, such as structures or natural features, cannot be used to scale the fence. If such objects
cannot be avoided, the fence height should be adjusted accordingly.
Securing the public water supply makes sense for many reasons, the most important of which is the
health of our citizens and visitors. However, the legal and economic impacts of a contaminated water
supply can be far- reaching. Together or separately, these factors should outweigh any objections a
community has against employing adequate protection for this vital resource.
If you have any questions regarding this matter, please feel free to contact me.
Sincerely,
Mary Messec Smith
Drinking Water Security Coordinator
Water Quality Control Division
303 -692 -3581
I
5.0 Finished Water Storage Facilities
5.1 Scope
This section of the Draft American National Standard for Trial Use covers water storage
tanks and finished water reservoirs used within a potable water distribution system. It
establishes benchmark physical and electronic security features for protecting a storage tank
or reservoir (referred to as the facility in this section) from vandal, criminal, saboteur, and
insider threats. The malevolent act of greatest concern is the intentional contamination of e
drinking water with a toxic agent A similar, related concern is contamination with a foreign
substance that does not cause health effects, such as a dye, but does create a loss of
confidence or even panic among the utility's customers. Other concerns include destruction
or damage to the tank or reservoir and related appurtenances so that it cannot serve its
intended purpose, or destruction or damage such that a rapid release of the stored water
causes property damage and possibly harm to people living near the tank or reservoir.
5.2 Facility Mission
(1) The mission of this facility is to store potable water for distribution to customers. Storage
is needed to meet daily flow fluctuations, for fire fighting, and for emergencies. Three types
of potable water storage are typically employed in the water industry: aboveground water
storage tanks, elevated tanks, and covered reservoirs. Aboveground water storage tanks are
constructed of concrete, steel, fiberglass reinforced plastic (FRP), or wood with the tank floor
situated at grade (that is, it is not an elevated tank on columns). The diameter and height of
this type of tank will vary depending on volume requirements. Elevated tanks are typically
of steel construction with the tank itself perched on steel legs. The tank is accessible via a
ladder or system of ladders. Covered finished wafter reservoirs may be slightly larger and
are often constructed below grade but with access and vents at or above grade.
(2) Usually, these facilities are not staffed, and operations and maintenance personnel visit
the sites infrequently to perform maintenance activities or to respond to failure alarms. The
tanks and reservoirs are often located in residential, park -like settings or in the midst of
more densely populated urban areas where the public has access to the base of the tank. In
other cases, the tanks are isolated from general public access. Potable water storage facilities
at more remote locations within a distribution system may be provided with chemical
facilities (chlorine and /or ammonia) to maintain chemical attributes of finished water as it
progresses through the distribution system. Measures to address chemical facilities are
presented in Section 4.0 (Water Treatment Plants) and are not included here.
(3) AWWA Manual M-42, Steel Water - Storage Tanks, (1998) and D100 -05: Welded Carbon Steel
Tanks for Water Storage (2005b) provide additional information on the design and function of
steel water storage tanks. Concrete tank standards and information are provided in
AWWA's D110 -04 (2004b), D115 -95 (1995) and American Concrete Institute's (ACI) 3718 -98
DECEMBER 2006
GUIDELINES FOR PHYSICAL SECURITY OF WATER UTILITIES 5-1
Guide for the Analysis, Design, and Construction of Concrete - Pedestal Water Towers. FRP tanks
are covered in AWWA standard D120 -02 (2002).
i
5.3 Philosophy of Security Approach
(1) An effective security approach for water storage facilities includes equipment or systems
to deter, detect, delay, and respond to a threat prior to achieving his /her objective or
mitigation of the consequences of a successful attack by the threat. The equipment and
systems for successful detection and delay of a threat should be matched to the capabilities
of the DBT, which are usually established during a facility's VA. In addition, equipment and
systems should be selected bearing in mind that the adversary must be adequately delayed
until the utility's identified response force arrives.
(2) DBTs considered in this section include vandals, criminals, saboteurs, and insiders.
Characteristics and capabilities of the two levels of threats— base and enhanced— upon
which the benchmark security measures in this section are based, are presented in Table 1 -1,
Design Basis Threat Capability Matrix. Threats with capabilities less than or greater than
those identified in Table 1 -1 require a less or more robust security system as appropriate.
Physical security measures are recommended without regard to cost or other factors that
may preclude their implementation
(3) Benchmark security measures for deterrence, detection, and delay are provided in this
section. Approaches for consequence mitigation are presented in the Interim Voluntary
Security Guidance for Water Utilities (AWWA 2004x) and are not addressed here.
5.4 Benchmark Security Measures
(1) Table 5-1 establishes the benchmark measures for a recommended security system to
deter a threat or detect and delay the threat until the appropriate response force arrives. If
the threat includes more than one DBT, for example, an enhanced criminal and a base
insider, the security system should include the recommended security measures for both
threats. Recommended security measures for a specific DBT are indicated with a check mark
(✓) in the table. A security measure without a check mark for a specific DBT indicates that
either the security measure is not recommended or a more robust security measure is
recommended. The security measures of Table 5-1 have been grouped into the following
categories:
• Perimeter
• Site (area between perimeter and facilities)
• Facility Structures
• Closed- Circuit Television - Alarm Assessment (fixed cameras)
• Closed - Circuit Television - Surveillance (pan -tilt -zoom [PT2] cameras)
• Power and Wiring Systems
• Supervisory Control and Data Acquisition (SCADA) - Physical Security
DECEMBER2OD6
GUIDELINES FOR PHYSICAL SECURfTY OF WATER UTLITIES 5.2
I i
(2) Security decisions are site and utility specific, and the measures identified in the table are
good practice options to be considered, not rules to follow. Additionally, the measures
presented in the table are for typical water storage facilities. Storage tanks with different
attributes or threats with capabilities in excess of the descriptions in Table 1 -1 may require
additional or more robust security measures. Appendix A provides additional details on
security measures (specific sections are referenced in Table 5-1 where applicable).
I
DECEMBER 2OD6
GUIDELINES FOR PHYSICAL SECURITY OF WATER UTILITIES 5-3
TABLE 2.1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
�T ° Enhanced Enhanced Enhanced Enhanced Appendix D
Security Measure v Base Level Laval Base Laval Level
Base Level Leval Base Level Level Sections
o m (where applicable)
0
Basic perimeter fencing or • 1f 1.0, 1.1, 8.1
perimeter walls
Enhanced climb /cut- • 1.2
resistant fencing
Foundation
enhancements for fencing • 1.7
to prevent tunneling
Bollards or vehicle barriers • 5.0
limiting vehicle access
Intrusion detection at • 1.6, 3.0, 7.0, 9.1,
perimeter 9.2, 11.0
Key - locked entrance gate • 2.1, 10.2
Access control system- • • 2.2, 2.3, 10.4
controlled entrance gate
Perimeter site lighting 7.0
Hardened site openings
larger than 96 square
inches (619 square • 1.1, 13.1, 14.3
centimeters) in area (e.g.,
grates on culverts)
Gated entrance lighting • 1j 7.0 (4), (5), (6)
"No Trespassing" signage
(every 50 feet [15 meters))
JANUARY fa 2408
PWSICAL SECURTLPFABOVEGROUND WATERSTORAGETANKS 2.4
PRELIMINARYDT '71ALSTANDARD (� n
f �
TABLE 2.1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
Enhanced Enhanced Enhanced Enhanced Appendix D
Security Measure Base Level Level Base Level Level Base Level Level ase Level Level Sections
(where applicable)
0
Motion - activated lighting • 7'0 (
Perimeter minimum clear • • , 3.0
zone distance
Second layer of basic • 0, 1.1, 8.1
fencing
Enhanced second layer of
fencing that is climbicut • 1 ' 2
resistant
Intrusion detection at • 1.6 9.2, 11.0 1
second layer of fencing
Transformer (outdoor) —
locked protective barrier or • 13.3
cage
Generator(outdoor)—
locked protective barrier or • 13.3
cage
Switchgeadmotor control
center (outdoor) — locked • 1) 13.3
protective cage
Chemical storage and
feed equipment (outdoor) • 13.3, 17.0
— locked access
JANUARY i 3, 2W6
PHYSICAL SECURI OF ABOVEGROUND WATER STORAGE TANKS
2.5
PRELIMINARY DR 'RIAL STANDARD '
TABLE 2 -1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
°a Enhanced Enhanced Enhanced Enhanced Appendix D
Security Measure m m Base Level Level Base Level Level Base Level Level Base Level Level Sections
❑ o (where applicable)
Landscaping that does not
obscure tank or other • 1✓ 1< 1< 1.6.3.0(3)
assets
Locking caps forvaive •
operator covers
Valve vault hatches —
mechanically fastened or
locked with shroud over • 10.2,14.2
Iook
Valve vault hatches —
double hatch doors with • 10.2
shrouded lock
Valve vault hatches —
double layer doors with 7.0, 9.1, 9.2,
•
shrouded lock and • 10.2, 11.0
Intrusion detection
Tank hatch/manway—
mechanically fastened or • 10.2
locked with shroud over
lock
Tank hatch/manway— 10.2
double layer doors with •
shrouded lock
JANUARY 13, 2006
PHYSICAL SECU VXL ABOVEGROUND WATER STORAGE TANKS
PRELIMINARY D �, AL STANDARD
TABLE 2 -1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
�T Ao Appendix D
Enhanced Section
Security Measure Base Level Enhanced Base Level Enhanced Base Level Enhanced ase Level s
y m c Level Level Level Level
� (where applicable)
d
0
Tank hatch(manway—
double layer doors with • • 7.0, 9.1, .
shrouded lock and 10.2, 110
.0
intrusion detector
Tank vent: gooseneck • V
pipe type — double screen
Tank vent: rectangular or
circle (larger than pipe) — • 10.2, 14.1, 14.3
single layer shroud,
locked
Tank vent: rectangular or
circle (larger than pipe) — • 10.2, 14.1, 14.3
double layer with
shrouded lock
Tank vent: rectangular or
circle (larger than pipe) — + 7.0, 9.1, 9.2,
double layer with 102, 11.0, 14.1,
shrouded lock and 14.3
intrusion alarm
Overflow outlet: screen • f �( �( y
and /or flap valve
Intrusion detection on top • ,� ,f I 7.0, 9.1, 9.2, 11.0
of tank or tank area
Accessladder — locked •
shroud
Access ladder— locked
shroud with intrusion • • 7.0, 9.1, 9.2, 11.0
alarm
JANUARY 13,1006
PHYSICAL SECURITY OF ABOVEGROUND WATER STORAGE TANKS ^ 2.7
PRELIMINARYOW - 7IALSTANCARD r
I ` I I
TABLE 2.1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective vandals Criminals Saboteurs Insiders
en
asure E Enhanced Enhanced Enhanced Enhanced
Securit pp dix D
ty m w Base Level Level Base Level Level Base Level Level Base Level Level Sections
a m (where applicable)
v
Remote reservoir Isolation
by means of automated
valve
Transformer (indoor) —
locked protective barrier or 0 13.1, 13.3
cage
Generator (indoor) —
locked protective barrier or • 13.1, 13.3
cage
Switchgearfmotor control
center (Indoor) — locked • • 13.3
protective cage
Chemical storage and
feed equipment(indoor) — 41 1f 13,1
locked access
Online water quality 0 15.0
monitoring
CCTV —All perimeter 0 ,f ,( 11,0, 11,1, 11.2
doors
CCTV — Hatches, vaults, 0 �( f 11.0, 11.1, 11.2
ladder guards
JANUARY 13, 2006
PW8ICAL 8ECUR_MQFA9DVEGR0UND WATER STORAGETANKS 28
PREUMINARYDT '%, ALSTANDARD
f
TABLE 2 -1
Benchmark Security Measures for Aboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
"C Appendix D
Enhanced Enhanced Enhanced Enhanced
Security Measure Base Level Level Base Level Level Base Level Level ass Leval Level Sections
❑ (where applicable)
CCTV —Main gate • 11.0, 11.1, 11.2
CCTV — Main entrance 0 ,f f 11.0, 11.1, 11.2
door
CCTV — Site surveillance 0 11.0, 11.1, 11.2
and intrusion
CCTV — Interior protected 0 ,� J 11.0, 11.1, 11.2
areas
All electrical panels locked ,f 12.0
Backup power to security
components (as • 12.0 (5)
indicated): UPS, typically
All electrical wiring in 41 �( ,f ,f �f 12.0(1)
conduit
Redundant J
communication paths
Supervised security wiring • 1f 1) 12.0(2)
Redundant critical utility J
(power) connections
JANUARY 13, 2006
PHYSICAL SECUR )Y CF ABOVEGROUND WATER STORAGE TANKS 2.9
PREUNANARY UK J PAL STANDARD (�
TABLE 2.1
Benchmark Security Measures forAboveground Water Storage Tanks
Objective Vandals Criminals Saboteurs Insiders
°- Enhanced Enhanced Enhanced Enhanced Appendix D
Security Measure o m Base Level Level Base Level Level Base Level Laval Base Level Level Sections
a (where applicable)
D
Locked PLCIRTU J J ,� 13,0
enclosures)
Tamper switch on i 12.1
enclosure(s)
All Instrumentation wiring J J J �1 12.0 (1)
in conduit 0
Notes:
° Many of the security measures identified In this table may also provide deterrence.
JANUARY 13, 2006
PHYSICAL SECURIX'DF ABOVEGROUND WATER STORAGE TANKS r 240
ELI
PRMINARY D t QIAL STANDARD
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ORDINANCE NO. 2
SERIES OF 2009
AN ORDINANCE AMENDING TITLE 6, CHAPTER 3, VAIL TOWN CODE REGARDING THE
OFFENSE OF DISTURBING THE PEACE IN THE TOWN OF VAIL.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town "),
is a home rule municipal corporation duly organized and existing under laws of the State of
Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, text messaging and email have become a regular and consistent form of
media and communication in the United States and elsewhere; and
WHEREAS, it has been demonstrated that such communication can be abused and used
for the purpose of harassing others; and
WHEREAS, the Town Council finds that the crime of disturbing the peace within the
Town of Vail is of paramount concern and efficient police regulation of such a crime would
preserve the general welfare of the citizens of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT;
Section 1. Section 6 -3D -4A of the Vail Town Code is hereby amended to read as follows:
A. Harassment: It is unlawful for a person to intentionally harass, annoy or alarm another person
by:
1. Insults, taunts or challenges to another in a manner likely to provoke a violent or disorderly
response; or
2. Following a person in or about a public place; or
3. Engaging in conduct or repeatedly committing acts that alarm or seriously annoy another
person and that serve no legitimate purpose; or
4. Initiating communication with a person, anonymously or otherwise by telephone, computer, I
computer network, or computer system in a manner intended to harass or threaten bodily injury or
property damage, or makes any comment, request, suggestion, or proposal by telephone,
computer, computer network, or computer system which is obscene; or
5. Making a telephone call or causing a telephone to ring repeatedly, whether or not a
conversation ensues, with no legitimate conversation; or
6. Making repeated communications at inconvenient hours or in offensively coarse language.
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 No, 02, Series of 2009
i
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of
the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be
declared invalid.
Section 3. The amendment of any provision of the Town Code as provided in this ordinance
shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to
the effective date hereof, any prosecution commenced, nor any other action or proceeding as
commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be
construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17' day of February, 2009, and a public
hearing for second reading of this Ordinance set for the 3rd day of March, 2009, at 6.00 P.M. in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST.
j Lorelei Donaldson, Town Clerk
i
INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED
PUBLISHED IN FULL this 3` day of March, 2009.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 02, Series of 2009
MEMORANDUM
To: Town Council
From: Stan Zemler
Kathleen Halloran
Date: February 26, 2009
Subject: 2009 Budget Adjustment
We are attaching the following documents for your review. This evening you will be asked to
approve Ordinance Number 5 on second reading making budget adjustments to the 2009 budget.
• First Supplemental Appropriation Request of 2009
• Statements of Revenue, Expenditure, and Changes in Fund Balance including the first
supplemental
• Ordinance No. 5, Series 2009
Channes from first reading
The following changes have occurred since the first reading of this ordinance:
General Fund: Per Council's request on February 17, this budget adjustment no longer
includes a reduction to the Commission on Special Events (previously staff had
recommended to reduce the CSE budget by 10 %, or 79,000).
1
,I
-_ Proposed Sup&meatal Appropriatioas and Budget Adjustments #1 of 2DO9 -
Revenue - -- Exp
increase
_ fuese _Exp - - - -
Description (Decrease) - (Decrease) Reason
General Fund _ . - - -- -- ---- .. - -
' Tax Revenue
- (1,000,0 Adjust projected 2009 revenue by 5%
Salary Expense: Community Development (125,000) Reducepositions based on workload
Salary Expense: Police 76,000 Reduce positions based on workload
Salary Expense: Public Works (27,000) Reduce positions based on workload
Subtotal: Reduce Redevelopment Pos idoaa: (228,000)
_Salary Expense: Community Information - ^ - (61,000) Freeze an open position
_Salary Expense. Developmem - -. - - _(100,000) F re e ze an open position - -- -- - -
Salary Expense PublicWorks -- _ - -- _ 42,000 Convert one fu - t ime - -
_ - _ _ _ ___ (_ ) _ _ position to seasonal
Sal Ex
-_-
Salary pence: Transit (16,000) C onVMtw o full - time positions to seasonal -
_ - -- -- Subtotal; O pen Positions lCoeverl to Seasonal (219,000)
Investment is Employee Home OwaetsYtp - _ (125,000) Reduce funding for the E�I0Y0C Home Ownership Progr (total budgeted was $375,000, now $250,000)
'.Town Council (12,283)Opemting -- - --
Town er - - (3 - -- - -- -- - _.
Manag -- - - ati _..
_._ (3 0,250) Opemtin
.Community Information -.._ -_ - -. (24,000) ()pemting ems -
Information Technology -- - -- -- -- - -- --- -- -
- __ - -- 0(0' (9,0 00)�t)pemting eras
_ Commrmity D Operating cuts ( Operating cuts - -- - - - -- — - - -
Finance Operating cuts - - - (2,500) Operati cuts -
HumanResources - - (45,000 - --
pe
Police - - — - - - --
-- _ -- - _ (19.435) Operat cots
Fire — ' -- - - - - -. -
(10,000),Opemdo - -
-- - - - - - - - - - --- - -- - - - -- - - _.._. -_-- - - -- .
-- Public Works: Facilities - -
_ _ (1 (,257) Opem[iag cu
P -- -- - -
EconomicDeveb ment _ ) -. Opemtiu
—__ _ (43.550 cuts - -- - - -- --
_
Library_ -- - - --
_ _ ) Opemtingc
J -
DonovanPavillion — --- - - - -_. - -- - - -- - --
_ --_ - (18,725) Opemti
_rHeavy Equipment Charge — - - - - -- --
_ _ _ 8 - - (75,000) de ent charges for fuel_ reduction & other savings -
Subtotal OperatlaeCute _— (341,500) ) pe mtingcu ts
Subtotal General Find (1,000,000) (913,500) - ----- - -- -.. - - - - - - -- - -
Capital Projects Food -
Satary Public Works - -- - -
-- —_ -- _ - _ _- --- -- _ - - -- - - (19, 413 )_Rrxtuce
RruNoReFlacerttent_ -- -- - - - - - -_ -. -- - ( 227 ,000) - - --
_.— - - --
Subtoh ProJer:tsFaad - (246,413) --
. . - - - -- -- - - -- - - -- - - - -- _.
H' -
avy Equipment Fated
Internal Revenue (117,000) -- - Deyertmen[ a llocation s redutxd by rust
Salary Expense (42.000)�Convertt i full- tim elp out o.5sexxamd --
Fuel Ex - - - -- -- ._ - ---
pe nse _ -, _ - -. - _ (75,OOD)
Subtotal Heavy Equipment Fu ) (117,000)
nd ! (117,000 — - -- - - - -- - - -
_ ..... -i . - -
Total All Funds
(1,117,000) (1,276,913) --- -' -- - - - -- - -- ---- — -
S„p i .,r 2009 2
72512008 10.54 AM
10
TOWN OF VAIL 2009 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
2008 Proposed
Amended 2009 15t Ammended
Budget Budget Supplemental 2009
Revenue
Local Taxes:
Sales Tax Split b/t Gen'I Fund & Capital Fund 60140 61139 61139
Sales Tax $ 11,640,000 $ 11,860,000 $ (1,000,000) $ 10,860,000
Property and Ownership 4,293,500 4,293,500 4,293,500
Ski Lift Tax 3,123,852 3,190,000 3,190,000
Franchise Fees, Penalties, and Other Taxes 926,110 899,935 899,935
Licenses & Permits 3,501,950 1,755,200 1,755,200
Intergovernmental Revenue 1,762,287 1,308,719 1,308,719
Transportation Centers 5,111,880 5,680,744 5,680,744
Charges for Services 767,135 798,838 798,838
Fines & Forfeitures 259,000 260,000 260,000
Earnings on Investments 585,000 495,000 495,000
Rental Revenue 797,400 795,300 795,300
Miscellaneous and Project Reimbursements 156,807 59,000 59,000
Total Revenue 32,924,921 31,396,236 (1,000 000) 30,396,236
Expenditures
Salaries 13,371 „331 14,119,592 (275,905) 13,843,687
Benefits 4,519,262 4,795,382 130,095 4,665,287
Subtotal Compensation and Benefits 17,890,593 18,914,974 (406,000) 18,508,974
Contributions and Special Events 1,399,706 1,315,675 (43,550) 1,272,125
All Other Operating Expenses 7,500,595 7,383,434 (221,950) 7,161,484
Heavy Equipment Operating Charges 2,247,650 2,147,637 (117,000) 2,030,637
Heavy Equipment Replacement Charges 631,026 678,881 678,881
Dispatch Services 535,657 543,072 543,072
Total Expenditures 30,205,227 30,983,673 (788,500) 30,195,173
Revenue Over (Under) Expenditures 2,719,694 412,563 (211,500) 201,063
Transfer to Capital Projects Fund (441,000)
Winter Economic Marketing Campaign (550,000)
Employee Home Ownership Program (375,000) 125,000 (250,000)
Total Expenditures 31,196,227 31,358,673 (913,500) 30,445,173
Surplus Net of Transfers & New Programs 1,728,694 37,563 (86,500) (48,937)
Beginning Fund Balance 19,834,717 21,563,411 21,563,411
Ending Fund Balance $ 21,563,411 $ 21,600,974 $ 21,514,474
-3-
TOWN OF VAIL 2009 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2008 Proposed
Amended 2009 1st Ammended
Budget Budget Supplemental 2009
Revenue
Sales Tax $ 7,760,000 $ 7,540,000 $ 7,540,000
Use Tax 582,000 1,000,000 1,000,000
Federal Grant Revenue 815,577 1,400,000 1,400,000
Eagle County Grant Revenue 317,000 - -
Lease Revenue 187,800 188,550 188,550
Employee Housing Fee -In -Lieu 418,000 48,000 48,000
Project Reimbursement 1,001,510 - -
Earnings on Investments and Other 195,043 18,750 18,750
Total Revenue 11,276,930 10,195,300 - 10,195,300
Expenditures
Land I Property Purchases
Altair Unit 178,066 - -
Gore Range Condo Units 2E & 3W 599,452 - -
Wendy's Property
Capital Maintenance Expenditures
Bus Shelters 79,354 30,000 30,000
Parking Structures 1,163,216 480,000 480,000
Facilities 568,817 755,000 755,000
Building Remodels - 55,000 55,000
Creekside Housing Improvements - 60,000 60,000
Donovan Park Pavilion 13,000 - -
Street Light Improvements 75,000 75,000 75,000
Capital Street Maintenance 1,702,280 1,505,000 (19,413) 1,485,587
Flammable storage / Mag Chloride containment 24,000 - -
Fire Truck Rebuild / Refurbish - -
West Vail Fire Station - Planning / Design 329,229 - _
Replace AM530 radio system 50,000 - -
Audio Visual (Council video,Security, Police car video) 31,000 61,150 61,150
Document Imaging 350,000 - -
Software Licensing 8,500 68,200 68,200
Hardware Purchases 43,000 84,380 84,380
Data Center (Computer Rooms) 35,500 12,000 12,000
Website and e- commerce 32,000 28,500 28,500
Comm Dev ArcGIS System - 52,000 52,000
Fiber Optics in Buildings 30,000 15,000 15,000
Network upgrades 43,478 18,300 18,300
Computer Aided Dispatch (CAD) / RIMS Project 57,640 51,650 51,650
Comm Dev Interactive Permit software 21,838 25,000 25,000
Vehicle Expansion 61,411 18,000 18,000
E Vail Radio Tower 5,000 -
Maintenance Paid for by Capital Fund 4,724,263 3,394,180 (19,413) 3,374,767
Capital Replacement Expenditures
West & East Meadow Drive 1,720,000 - -
East Meadow Drive - Streetscape Heat 165,000 - -
Village Streetscape 963,761 - -
Neighborhood Road Reconstruction 150,000 50,000 50,000
Neighborhood Bridge Reconstruction 75,000 75,000 75,000
Fire Breathing Apparatus - 180,000 180,000
Parking Equipment Replacement 52,985 - -
Radio Equipment replacement (public works, public safety) 545,500 227,000 (227,000)
Heavy Duty Tire Changer (22 yrs old) - -
-4-
r TOWN OF VAIL 2009 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2008 Proposed
Amended 2009 1st Ammended
Budget Budget Supplemental 2009
GPS for Buses - - -
Office Equipment > $5,000 14,635 9,000 9,000
Heavy Equipment new capital 3,400 - -
Generator - Municipal Building / Dispatch 250,000 - -
Replace Buses 3,840,297 143,400 143,400
Replacement Paid for by Capital Fund 7,780,578 684,400 (227,000) 457,400
Property Tax Increment - Reserved 441,000
Other Improvements
Buy -down Program - 500,000 500,000
Pitkin Creek Unit 7,350 - -
Variable Message Signs / Way- Finding Improvements 36,416 180,000 180,000
1 -70 Noise 1,079,282 - -
1 -70 Fiber Optics 909,128 -
Underground Utility improvements 212,783 -
Manor Vail Street Flan 100,000 - -
Chamonix Area Planning 130,545 30,000 30,000
West Vail Area Planning 22,732 - -
TOV Strategic Planning - -
Housing Strategic Plan 25,341 -
LH Parking Structure Redevelopment 64,857 -
Timber Ridge Legal /Zoning 63,927 -
Timber Ridge Debt Service Guarantee 925,000 -
LionsHead Improvements 32,242 - -
Bio -Mass Study 50,000 - -
Total Other Improvements 3,659,603 710,000 - 710,000
Total Capital before Financing 17,382,962 4,788,580 (246,413) 4,542,167
Debt Service and Financing
Debt Service on Outstanding Bonds 2,321,825 2,266,775 2,266,775
Transfer to Vail Reinvestment Authority - 1,400,000 1,400,000
Transfer from Dispatch Fund (75,000) - -
Transfer from General Fund (441,000) - -
Total Debt Service and Financing: 1,805,825 3,666,775 - 3,666,775
Total Expenditures 19,188,787 8,455,355 (246,413) 8,208,942
Revenue Over (Under) Expenditures (7,911,857) 1,739,945 246,413 1,986,358
Beginning Fund Balance 10,154,128 2,242,271 2,242,271
Ending Fund Balance 2,242,271 3,982,216 4,228,629
Unfunded Capital Projects
West Vail Fire Station - 2,760,000 2,760,000
Total Unfunded Projects - 2,760,000 2,760,000
Ending Fund Balance Incl. Unfunded list 2,242,271 1,222,216 1,468,629
-5-
TOWN OF VAIL 2009 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2008 Proposed
Amended 2009 1st Ammended
Budget Budget Supplemental 2009
Revenue
Town of Vail Interagency Charge $ 2,951,828 $ 2,910,595 (117,000) $ 2,793,595
Insurance Reimbursements & Other 59,857 38,800 38,800
Earnings on Investments 45,000 37,000 37,000
Equipment Sales and Trade -ins 133,530 79,880 79,880
Total Revenue 3,190,215 3,066 275 (117,000) 2,949,275
Expenditures
Salaries & Benefits 970,593 1,010,532 (42,000) 968,532
Operating, Maintenance & Contracts 1,413,721 1,294,625 (75,000) 1,219,625
Capital Outlay 923,456 740,500 740,500
Total Expenditures 3,307,770 3,045,657 (117,000) 2,928,657
Revenue Over (Under) Expenditures (117,555) 20,618 - 20,618
Beginning Fund Balance 1,734,787 1,617,232 1,617,232
Ending Fund Balance $ 1,617,232 $ 1,637,850 $ 1,637,850
-6-
ORDINANCE NO. 5
SERIES OF 2009
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, AND HEAVY EQUIPMENT FUND OF THE 2009
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2009 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
28, Series of 2008, adopting the 2009 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2009 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ (913,500)
Capital Projects Fund (246,413)
Heavy Equipment Fund (117,000)
Total $(1,276,913)
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
Ordinance No. 5, Series of 2009
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, 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 17th day of February, 2009, and a public hearing shall be held on this
Ordinance on the 3rd day of March, 2009, 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
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3rd
day of March, 2009.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No, 5, Series of 2009
a
MEMORANDUM
TO: Town Council
FROM: Pam Brandmeyer, Assistant Town Manager; Todd Oppenheimer, Public Works,
Bill Gibson, Community Development
DATE: March 3, 2009
SUBJECT: A work session to seek direction on whether to prepare a feasibility study of
expanded public parking at Ford Park, and setting forth details in regard thereto.
I. DESCRIPTION OF THE REQUEST
i
Staff is requesting a work session to seek direction on whether to prepare a feasibility
study of expanded public parking at Ford Park. Staff requests the Town Council listens
to the presentation, asks any pertinent questions, and provides direction on the
proposed feasibility study.
Ford Park is, and should remain, Vail's premier recreational and cultural facility. Due to
the high demand for use of the park and its facilities, the available public parking at Ford
Park can fill quickly and park user vehicles commonly overflow into the Village parking
structure and onto the Frontage Road. Staff is requesting to prepare a feasibility study
as the first step in exploring additional public parking opportunities at Ford Park.
Assistance from outside consultants will be needed in preparing the proposed parking
feasibility study.
Later consideration will be given to opportunities to not only expand public parking, but
to also enhance the quality and character of recreational and cultural facilities through
the reallocation and redistribution of uses and functions. Their assistance will also be
needed in evaluating the design parameters, constructability, and costs associated with
any future reallocation /redistribution of recreational uses and functions.
The proposed parking feasibility study will include the following items:
a. Identification of the most feasible and cost effective public parking locations,
b. Identification of any losses or gains in recreational or cultural opportunities,
c. Projections of the new public parking space numbers,
d. Constructability analysis,
e. Construction cost estimates,
f. Traffic impact analysis,
g. Frontage Road access /improvement analysis; and,
h. Potential funding sources_
II. BACKGROUND
Ford Park is Vail's premier recreational and cultural facility which is in high demand from
both Vail's residents and guests. In addition to the typical neighborhood park activities,
Ford Park is also the host of the Betty Ford Alpine Gardens; Gerald R. Ford
Amphitheater; Vail Nature Center; Vail Tennis Center; Vail Recreation District's offices,
sports leagues, tournaments, and camps; Art in Public Places displays and programs;
and the park also serves as one of the Town's primary venues for large public special
events, plus winter season employee and skier parking.
1
Each of these park uses is an asset to the community that brings thousands of resident
and guest users to Ford Park each year. Due to the high public demand for use of the
park, the Town of Vail must annually create and manage a Ford Park event calendar.
The public demand for the park inevitably surpasses the park's availability, and the Town
must negotiate with the various park user groups to achieve a coordinated event
schedule. Currently there are 194 parking spaces available at Ford Park and an
additional 73 spaces at the Vail Valley Drive soccer fields to accommodate these
various, sometimes simultaneous, park uses. It is clear from the Town Staff interviews
with the various Ford Park stake holder groups that additional public parking at Ford
Park is desired. For example, on a given summer evening Ford Park will be
accommodating general park users, Nature Center participants, Alpine Gardens visitors,
tennis players, VRD sport league players, and an amphitheater event (in 2008, the 41
amphitheater events averaged 2,000 attendants per event). At this time, there are
already 38 "managed parking" days scheduled for Ford Park this coming summer with a
high concentration of those days occurring within the month of July. On the days of high
park use, the parking spaces at Ford Park and the Vail Valley Drive soccer fields fill
quickly despite the Town converting these spaces to paid parking. While numerous Ford
Park users park in the Village parking structure or take public transit, vehicle demand
commonly overflows onto the Frontage Road. Such scenarios create serious safety
concerns and liability for the Town; and just as important these scenarios greatly
diminish Vail's reputation as a "world- class" venue to both local residents and guests.
This high public demand and limited public parking is not a new phenomenon at Ford
Park. In fact, each of the following community based planning documents supports
exploring opportunities to expand the available public parking at Ford Park:
• Vail Village Master Plan, 1984
• Ford Park Master Plan Development Final Report, 1985
• Vail Transportation Master Plan, 1993
• Ford Park Management Plan, 1997
• Lionshead Master Plan — Transportation Analysis, 1998
• New Parking Alternatives Study, 2003
• Vail Parks and Recreation Master Plan, 2007
• Vail 20/20 Strategic Action Plan, 2007
• Recreation Subcommittee Program Relationship Matrix, 2007
• Ford Park Stakeholder Interviews, 2007
• Town Council Strategic Work Plan, 2008 -2009
• Transportation Master Plan Update, 2009
On November 18, 2008, the Vail Town Council adopted its 2008 -2009 Strategic Work
Plan. As part of the Parking/Transportation section, the work plan includes the "Creation
of a Parking Feasibility Master Plan Exploring Alternatives" which more specifically
includes the plan to "Review Ford Park as the Town option of meeting the parking
demand now" and a 2009 first quarter action item to "Complete the Ford Park study and
determine the direction the Town will pursue to construct near -term parking expansion."
III. BUDGET
The specific costs of this project will be determined based upon responses to a future
Town issued RFP (request for proposal) for the parking feasibility study. Staff
recommends the proposed parking feasibility study be funded through a re- appropriation
of 2008 funds earmarked for Ford Park Master Planning.
2
IV. TIMELINE
Should the Town Council direct Staff to proceed with the feasibility study; Staff will
immediately draft an RFP to solicit assistance from outside consultants for this project.
Staff anticipates completing this proposed parking feasibility study by September of this
year; however, a more detailed timeline will be established in coordination with the future
Town issued RFP.
V. ACTION REQUESTED
Staff requests the Vail Town Council instructs Staff to prepare a feasibility study of
expanded public parking at Ford Park.
3
MEMORANDUM
February 26, 2009
To: Vail Town Council
Stan Zemler
Pam Brandmeyer
Judy Camp
From: Sally Lorton
Re: January Sales Tax
On the reverse side please find the latest sales tax worksheet. I estimate I'll collect
another $84,000.00 in January sales tax to bring January collections to $2,610,515.00. If
so, we will be down 12.29% or $365,936.00 from January 2008 and down 6.46% or
$180,260.00 from budget. The ski season, November — January, is down 8.65% or
$566,516.00 from last ski season.
January lift tax is down 7.6% or $58,529.00 from January 2008.The ski season,
November — January, is up. 16% or $2197.00 from last ski season.
Town of Vail
Sales Tax Worksheet
2n512009
2009 &,*., hom Imm
Month fees 1492 2000 7001 2002 tow 20ae 2005 2000 2007 1001
Aiyrt Cdactana v.,rece 2aoa e,a
Jenu 2,115,359 2,066,459 2,034,629 2,210,547 2,073,481 1,997,091 2,225,841 2,275,967 2,597.985 2,783,306 2,978,461 2,790.776 2,528,516 1264,2601 - 15.12% -9.47%
February 2,153.121 2,021,486 2,223,670 2,366.321 2,281,833 2,111,163 2,362.825 2,429.377 - 2,527,130 2,718,643 3,071,410 2,879,811
March 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372.942 2.344,178 2,785,101 2,852,954 2,986,446 3,327,099 3,019,549
April 1,107,334 952,843 926,771 1,043,431 870,875 871.468 992.157 915,554 1,280,324 1,330,740 1,098,915 1.130,363
May 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458,770 449,283 545,874 622,100 583,292
June 633,400 692.811 721,774 751,439 657,707 742,755 732,113 834,913 805,362 953,017 918,058 860,788
July 1.107.882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,128,514 1,166,183 1,255,243 1,265.781 1,397,794 1,310,597
Au -, 1,163,926 1,050,004 1,038,516 1,124,275 1,064,318 1,029,446 994,445 993,985 1,055,614 1,162,746 1,347,231 1,263,189
September 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795.807 832,549 908,318 833,978 781,953
0.1.b , 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 614,396 688,519 661,963 620,687
November 656,596 582,260 691,445 571,783 642,293 691,269 623.646 713.117 799.582 747,877 718,324 673,514
December 2,070,834 1,883,805 2,062.205 1,933,940 2,139,417 2,171,098 2,362,095 2,549,032 2,771,258 2,821,871 2,650,844 2,485,480
Total 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 15.466,979 16,483,979 17,841,680 18,913,138 19.624,1j 18,400.000 2,526,515
I
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 27, 2009
SUBJECT: Development Potential! Analysis, Lot 10, Vail Village Second Filing (Town owned
land near Vail Valley Medical Center) to determine development potential and
verify any ownership and encumbrances (covenants, restrictions, etc.)
On January 20, 2009, the Vail Town Council asked staff to review the Town's files to determine
development potential and verify any ownership and encumbrances (covenants, restrictions,
etc.) on a parcel of town -owned land location in the southwest corner of the Vail Valley Medical
Center parking lot. The purpose of this memorandum is to share the information gathered with
the Town Council in advance of a more in depth discussion on the topic, including legal any
implications that may exist, with the Town Council on March 17, 2009-
I. ZONING ANALYSIS
Address: 281 West Meadow Drive
Legal Description Lot 10, Vail Village Second Filing
Lot Area 0.42 acres /18,354.07 sq. ft.
Zoning General Use (GU) District
The general use district is intended to provide sites for public and quasi - public uses which,
because of their special characteristics, cannot be appropriately regulated by the development
standards prescribed for other zoning districts, and to provide for the public welfare. The general
use district is intended to ensure that public buildings and grounds and certain types of quasi -
public uses permitted in the district are appropriately located and designed to meet the needs of
residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings
and other structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
Land Use Designation
The transition designation applies to the area between Lionshead and the Vail Village. The
activities and site design of this area is aimed at encouraging pedestrian flow through the area
and strengthening the connection between the two commercial cores. Appropriate activities
include hotels, lodging and other tourist oriented residential units, ancillary retail and restaurant
uses, museums, areas of public art, nature exhibits, gardens, pedestrian plazas, and other
types of civic and culturally oriented uses, and the adjacent properties to the north. This
designation would include the right -of -way of West Meadow Drive and the adjacent properties to
the north.
Development Standards:
Development standards (including Setbacks, Lot Area, Height, Density, Site Coverage,
Landscaping and Parking) shall be prescribed by the Planning and Environmental Commission
as part of a conditional use permit application.
1
Permitted and Conditional Uses:
Permitted uses, in summary, include employee housing units and open space. Conditional
uses, in summary, include public, civic and culturally oriented uses (hospitals), ancillary retail,
restaurant, lodging.
II. ENCUMBRANCES/ PROPERTY HISTORY
Staff found that there are several covenants and restrictions associated with Lot 10, Vail Village
Second Filing. For efficiency and readability, Staff has summarized the encumbrances and
organized the list by year of the adopted documents.
January 8, 1963: Protective Covenants
Drafted and signed by: Vail Associates, LTD. (Pete Seibert and George Caulkins)
Term: Shall run with the land and be binding upon the owner, its respective grantees,
successors, and assigns. Duration: Until January 1, 1999, "at which time shall be automatically
extended for 5 successive terms of 10 years. "
The covenants place certain restrictions on the use of tracts, blocks and lots of Vail Village
Second Filing, in order "to maintain the character and value of real estate in Vail." The
covenants in summary:
• Formed a 'Planning and Architectural Control Committee' of 5 members/ owners
• The Committee shall approve any improvements to Vail Village Second Filing with 4 criteria:
• Suitability of improvement and materials
• Nature of adjacent and neighboring improvements
• Quality of materials
• Effect of improvement on the outlook of any neighboring property
• Land uses are designated by lots including the following statement with regard to Lot 10:
"The numbered Lots shall be used only for private residences, each to contain not more
than two separate apartments"
• There are also provisions for the following categories: Easements, signs, water & sewage,
trash & garbage, livestock, trees, setbacks, landscaping, area requirements, trade names,
temporary structures, continuity of construction, nuisance, and fences
• Amendments to the covenants shall be by 75% majority vote of all owners in Vail Village
Second Filing
March 25, 1963: Plat
Vail Village Second Filing Plat recorded.
December 30, 1976: Contract of Sale
This document was a ground lease and agreement to purchase Lot 10, and was later acted out
in the recorded deed, listed below. This document includes language that the Town of Vail
would use the premise (Lot 10) for recreational or governmental purposes.
March 29,1977: Special Bond Election
Resolution 3, Series of 1977, authorized a special bond election that included the following
question (in part): Shall the TOV be authorized to defray the cost of aquiring 2 parcels: 1)
Katsos property and 2) Lot 10, Vail Village Second Filing, to be used as open space and /or
recreation and park land, not to exceed $450,000. Side note: The bond also included a
question regarding the ice - skating arena/ conference center not to exceed $2,500,000.
June 6,1977: Deed Recorded
Town of Vail purchased Lot 10, Vail Village Second Filing from Tom Steinberg, William Holm
and William Bevan for $70,000.
2
May 5, 1986: rDevelopmentl Agreement
By and between: Town of Vail (TOV) and Vail Valley Medical Center (VVMC)
o VVMC must obtain CUP for expansion
c VVMC must provide 220 parking spaces
o To assist in said parking requirement the TOV will lease Lot 10, Vail Village Second Filing to
VVMC
May 5,1986: Lease Agreement
By and between: Town of Vail (TOV) and Vail Valley Medical Center (VVMC)
Term: May 1, 1986 to April 30, 1987 and automatic renewal unless either party shows intent to
discontinue lease 60 days prior to the end of the lease term.
o VVMC shall pay TOV $10.00 per year to lease Lot 10
o VVMC shall asphalt, stripe and landscape according to approved plans and must maintain
said improvements in a clean, safe and orderly condition
o VVMC shall be responsible for all expenses and costs associated with the use of Lot 10
including insurance and damages to property or injuries or death of persons
VVMC shall dedicate 15 parking spaces for use by the TOV
o TOV may terminate use by VVMC, if in its sole discretion, the premise is needed for TOV
use (180 days written notice to VVMC)
April 28, 1998: Title Search
By: Land Title Guarantee Company
Exceptions are listed in Schedule B — Section 2 in summary:
Right of proprietor to extract ore as reserved in US Patent recorded September 4, 1923, in
book 93, at page 98
Right of way for ditches or canals as reserved in US Patent recorded September 4, 1923, in
book 93, at page 98
o Restrictive covenants which do not contain a forfeiture or reverter clause, but omitting
restrictions based on race, color, religion, or national origin, as contained in instrument
recorded January 9, 1963, in book 174, at page 431
o Easements, reservations and restrictions as contained on the recorded map of Vail Village
Second Filing
Terms, conditions and provisions of easement deed recorded November 1, 1982 in book
348, at page 5
Ill. ATTACHMENTS
A. Vicinity Map
B. Vail Village Second Filing
C. Lot 10, Vail Village Second Filing
281 West Meadow Drive/ Lot 10 Vail Village Filing 2 ';4
J �J
Dobson Arena � �� Evergreen Lodge
a Subject Property
m
Vail Valley Medical Center
%ft 4FI ' a
cog c ' +►
hF F e (.
� �tlY�ti Lam• :JIOCW� Vv cM:r tiWNUNV4ww +.
�- 7 .. � lrenatal sVirorrfh �� aVaa ..+n..�ia��w � r.S4*•x''T
AMENDED MAP OF SHEET I OF 2 CF
VAIL VILLAGE.SECOND FILING
SITUATED IN SECTION" 6 R 7 TOWNSHIP 5 SOUTH. RANGE
v Man So WEST OF THE 6TH PRINCIPAL MERIDIAN
EAGLE COUNTY
COLORADO
_OIJRSE REVERR ro G, o
77,
7. 7Z
� w: _� � - �i: WES'' �.. c r .. ^.. ..., w ...... .. a... „ w , .ra.w.. w .•.. .. w.r• o •..
'S -IG.W4V
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ATTACHMENT C: Lot 10
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6
TO W j� O F"Vi a MO UNTAIN RESEARCH "Po-: A"
Town of Vail Economic Indicators Summary
Introduction: An Economic Indicator data set was collected in early 2009 then organized and presented. The
Indicators Report is intended to provide an overview of recent economic activity and to serve as a benchmark
from which future economic activity can be displayed. To accomplish this, relevant data i) was gathered from
various secondary sources for the date range of November 2004 through November 2008, ii) is depicted by
general category (Tourism, Real Estate, Town Revenue, Business Growth and Macro Economics) and
seasonally (Winter: November - April, Summer; May •- October), iii) is presented in a chart format with this brief
summary, as a part of the Town of Vail 2008 Economic Development Strategic Plan and iv) is limited in scope
and accuracy by the availability of data from secondary sources, thought to be accurate, but not independently
verified, and is best used as a general overview as a result
Overview: The resulting chart provides granular detail from which a general economic picture can be
assembled:
1. Tourism: Is the primary economic driver and shows consistent occupancy (despite recent increases in
lodging inventory) and rate. Winter rate and occupancy are both more than double that of summer,
further supported by 70% of sales tax generated from winter months. Regional transportation into
Eagle County airport and through the Tunnel has both grown consistently but parking counts have
grown more slowly, perhaps impacted by high season capacity constraints. Of note is a wide range of
special events, most of which occur in non - winter months. While attendance /participation trends vary
and distinct event trends are apparent, overall growth is suggested.
2. Real Estate Indicators show strong increase in sales price and price per square foot, but decrease in
the total number of transactions. New construction closings create inconsistent spikes, resulting in
apparent inconsistencies and make seasonal evaluation of little merit. Net new development in 2008
is unprecedented
3. Town Revenue metrics include: sales tax, construction use tax, property tax and real estate transfer
tax revenues along with general fund balance as an indicator of the Town's level of reserves.
a. Sales tax is segmented by business type (retail, lodging, food /beverage) and further broken
down geographically by Vail neighborhoods. Overall growth is healthy with 2008 sales tax
revenue increasing at the same rate as inflation (3.8 %) following three years of growth
exceeding inflation by as much as five percentage points. Winter shows more strength than
summer and Lionshead out performs other villages, driven by the positive association with
recent new development and additional lodging and retail supply.
b. Construction use tax was implemented January 1, 2008 and generated $608,483 from
construction projects which received approval and were issued building permits in 2008.
c. Property tax revenue is an indicator of property values within the town. In 2008, property
taxes increased to $4.1 million from $2.8 million the year before as a result of new
construction and increases in the value of existing properties. Growth of 11 % in 2006 was
also due to increases in property values and, to a lesser extent, new construction.
d. Real estate transfer tax reached an all -time high of $9.0 million in 2008 including $6.3 million
generated by redevelopment projects.
e. Town Reserves, as measured by General Fund year -end balances, have increased
significantly each year through 2007 and are expected to follow suit in 2008 although year-
end numbers are not yet available.
4. Business Growth is based on broader county and national indicators and generally reflects the strong
economy of recent years. While tourism and real estate related growth is apparent, full time population
has remained flat.
5. Macro Economics: Consumer Confidence Index has proven to be an important indicator of
subsequent discretionary spending like vacation travel. The Index has hovered around is benchmark
of 100 but began to drop in 2008 reflecting a softening economy and had fallen to 52.6 as of the final
report data.
6. Conclusion: This foundation data set will be further updated and expanded upon as additional
information becomes available, taking its place among the tools available to the Town, its various
committees and the public it serves.
Ralf Garrison
Director and Senior Analyst
Mountain Travel Research Program
Attachment: Vail Economic Indicators Table
xare mwided in tMSe tabkswas wlkctad by th Twm a Veil all M1RRiP in January 2008 hen a vadery of secondary sources, wiycM1 are IMUgM1I k be acamle, bul rid iegepandenlly verified arM best used as a generd Overview as a resNl.
iouNSm I>Aw -m9e7
1rWkamr SNNS FavN SluOy ReD9re wre COa OW f•04.9s) vN °B�°^oab. ['os fsam l'asa6) ns9n wee (n6- g �� -. Nellert oaafm- o.aCO> -roq
ladpin9 Report: MiRlp: OooNr9 Arem9e numbs Wlnar (NOremba'pa- A - P , d =Nmember bs- Wimer (Naxmber rob- Wlrxa(Narranbaro]-
Oaaapaxy OaBare a 15 Vall d rmnN orcupktl PMI ro5) N /A.� 59.6% ApN b7) 99.3% 93) 59.6%
1od91rg prvperlia (1]ll artd mar (May Y15- 39.1% summa (May bS- 341% Amrmm (May m- 39.1% Yummer(MryW-
3590)
rape r9p80Y W zS Vall lm�m �a WrNSr (NO,nnESr Yx- N/A Winter (Mnanber VS s Winter (Nme]Aer9fi 4376 Wr�4r(NabnEe'0]- SB9>
Ream wln bdgag pory Ia Svmmer(May'os- 5192 = f1s9 momma (May ro>- s— svmmer(Mey bR- tlss
mmw9y VNI (Imma[mn NumhadYtltas WlMer (Nmvnha W- WIMa (NUVember'05- winter (Nwemha 96- _ nwll]anwryYN-
C.mOa 9m;� m are NdvAn Re April ros) nMavalmx April n6 April ro)) avaiubk n �,,, be) �,000 (emm.ce)
A56�ry Ama me (May 95- � summa fMay b6- Not mailaae 4amma (Mayor- y9ol avallmle
VaIPMeltion sears Ware Vail $vmmm (May 95- Summa (May06- Summer (Nay ro]- summe,(Mayros-
05rict CaOCOUrse fka10er 115) 1],999 Ocmha b6) 1 ;399 Odeba 9]) 20,b0o BJ) 38,993
PmWrp (tiarN TW Numbed W�ma (NOmmba rol- 332,429 rill (saysenM'M- 325,9]1 n4r(NwamW'06- 383. 417 orb (xaember'0)- 3W,BB6
Tmnsporkdm verges In Vall
vllkpe ftm" 4rmma(Mry'05- NoLanlleda summer(Mryro6- Nm wmaae Summa(Mav Notava— summa(May.- NM mOeble
TOO Number Wlma (x9ianda b9- 191.2)5 Wlnrer (Npanea VS- 176,716 ra (Nmmmpa Y!5- 174A85 WirAa lNPremeam- L.A.
TmrNpatatbn sehMS d
LlmdraiE Paddr0 Sbt mlWae Summa (Mry b6- Not aralUae sunrma(Mas ro]- Not avalMbN Summer (May 00- No[avallable
SbuBae OCpba'OS) dioba'OS) 0[bW
917) Otlaber Y�
liN NumMd mar (NV,anba'ON- 4,712 Wmer (NOSanberK- 9,906 rite (Nwemberb6- NIA WINa INOremba'0)- 6,94J
Tmnspaktpn vMkles on
fionkge wade «�(aN'ay'05- 3ULr alN a�(Mry'06 AlLV aiN Ccto0er9�0) ALLY aTM (r"m•°B. AILY aTI
d days Wlnrer(nwenCa'IM- 83 /W OILM WlnEa (Xpenba 95- 0.5yW 27 /LM Wincer(NwemM bS- 69 /W 31 /Lx yxrra 1NOrenberb]- 69 /W 25 /Lx
pdaatvm Padu'n3 struzires Aprl M'06) April'0]) AprilW
roll summa (Maros- v,mma (May,a- summer (Mayo]- wmmer(MavroB-
Nuv atx Nov am luv 151 lair a5x
Arymt 0W Nunaavdp WIMer(noremeerb9- 9,417,732 Wlnrer (NmvnM 95- lo,894043 �( - 11,i5B,]50 Ns (NVmmber •0]- 1 2L995.377
steams Imo Oenva
rrwratkN Summa (May bS- 11,561669 ma (M ry �- 1;939,se5 mm (Mar'07 13,b;81p Summer (May 98- 13,6o0,oM
Eagle fpumY NumMdpmpk Wlma (NOremhm'09- 1)3.691 nrer (NOSnher b5- 190,086 wirier INwember bfi- 179,410 WIrI�INV,anher'o)- 181,901
~ Al — kCwmy Summa (May •BS- 39,719 summ >(MM'o6- 37,M Summer (May 9]- 48,083 Summer (MaY tlB- 3).3W
Vail l0larrnatlpn CUnmuntr5mr Numbs of vi9[s Wlraer (Nmnrrba W- Wlma (NO.anber'05- Wima(Nwanba b6- Na(NOVemlxv'1I-
CAVOVwma nepartrnen[ rothe Vaa Vllkge Not avallaae Nm anwa. 20.W8 1 &001
me (May'OS- Nm aMlaae summa( May'O6 - 34032 5umma171 (. 1137 -
yA � Ircr(MaY'o6- lyppp
rrtormMmn WvrM (Nwmnba 4G- Wlnkr (NO.vnbaro5-
WMa (Nwernba 96- Wimer (Nmemxrm-
9epanmmr� mine lomlmad n9Lawlaae xx mmlwa. lean u6]s
mrprmamn summa (Mry vs- xoiavalaae mm lna'y 96- 3ssm summa (Harm- z4aae summer fMay'L9- YBau
iuxrtl Tragic mo) NunOead Wmra Mdvember M- WNa (5losrnma ro5 ma (r! nber G6 Willer (Nmanbam
�� Mm � 1611999 5,404952 5A➢9A9a 5,709.007
EKmlpwMr Sanma (May roS- Summer (May'O6 Summer (May b) Summer(May90-
Tun IPass Ocbl. b5) 5,994399 OrIDEer'p� 5 "' hmher Ul) 6,470.031 0.4Aer'f10) 5A21,o02
Nalgry Timing Gkrr� fabler: Ova SuMYy Mamb 1) Salley APr039 svrrNY AM143007 MaNJa 19, 2008
nmdJUN: naYd3W 4, z9os 55eraeaY 3W 4, za96 iueaaaY zvN N. z9o) �� JvN 4, zee 7e1e.Y
OrlWnas: 9av d oaarrber ss,
SL.w oerembe, zs, z999 NomaY omembm zs, zo16 i oaemba u zoos TNUrmaY
Ietsrna(Wm) Va RevrK Number dvOLS Willer (Nprrmber TM- avallaae WYrta (Nrwemha 95- 51o1ewllaa9 Winter [NOVember'06- Winer (Nwemher'0>-
(Vae RHrMi Svmma(Mm 95- Nd aV91ba0 �'u'^a (May'O6- Summer (May'0)- Summa lMaY 90- Bes,ms
Fud PrfOes ErragY Ave2Be prara mar lNVmmxr 99- Sf.98 Winar(namrba ro5- ;233 ar(N9vem r - 5333 r�INV.�M - 53 ,43
LRamaepn 9a96'rN Ilexgalbn w'
PdmlNS9atkn (IJSO)mcd9rzdu summer (Mav'os spmma(Nav' wormer (Mav'o]- Summer(MayU3-
ave dw�ai' ONOba'OS) f2M ONOba b6) t27) OMher'07) {3A9 0.t9ber bs) 4169
Vn FmvrYC In9mbas. Taumn _ Gpe L di Ina Maufiaf: ayzymo9
Data - In Nose lades was W-W by Ole Town MValland WRiP in Jemmy 2DD9fmma IaNyNsacOntlary smmea, -h arethmg- rcaccurate, but nd indep-yverified end best used -W-1 ass IWO
IMlramr Sawa Faen S Re Oam (V11 Gam ('a - n5) Repmt Otle ('W- DWa fOV") Rgw[Dam (YM- (,�.�) Rapprt O4m('W-
Fwn[ HM1Wre SPwRO Ftleuary 5 -0,ENS VN pvtlautl tlw ewe Fehnery l0- 2p,2W) February 3.5, 2N8
tlarrce _ Urn'irail (UMatlXaml MXm) 3.500 Febriw,y 2628, )ON ewi461e M'1 ®7 x000 (Hgmre SWlts) 10.000
Vep Valley t Tte S¢sNgn 3. 13 -36, 2005 nuary 12 -15, 2006 4,)50 nlery 13 -14, )OW 13,000 February )-10, X1N 11,OW
o GUw
4tlaM ]mbr DNm0 6060rMmt. 165 176900eme
V aW CNb dal'Nlrt wcWln w /Perenbhmxlres EON: VaII♦ w /PernNe matlrm 200) [urea lMtlin BMen X106 w /puwW imOMm
Mardrexfi ymr 256md 365 mm1 160 reed
Vail R. InsV[we Vail Film Fm2bMl Mamb 31 -"3, X05 w ,O Marty 30 Api 2, 21106 Ivm Marty 2S Wll 1, M07 14,OW Apr. 3b, 20N 1 ;500
T -11i1 as0eat VaY Apn169, 2005 avallaxe Apri S8,m 4,OW April 1144, 200E I,- Martlr 24 AMI 1,2N8 7,000
Hl9M1llrc SPVrd 0 Dark m V ApH1416, 2185 N
sow A,. }16, 2W6 N,000 ApXl2 -15, 26,M A,. )-13, 2000 30.000
Ewerminmert
LhimdlOOnal Tem Maunmin Jure l3, X105 13O (fin9w1) May 31 -Jure 4, 20N 2B May 361urc 3,2N) 000 ure 49, 2WB 35,OW
MaHwx fumes
Itlrgrt Ne a9dtle 51 paNdpandf v5 560 Wrrtah 613P prMh vS W pamah
Mawrpin MOUnwin Jure]) 19,2N5 YXllmmtl mleYrd9@ ]um 1618, 2006 aexmal¢0 ellmllre9e June tYl), 2007 esmOatAUrmurape J 1 }15,2008 wtlTOmtl entaaa9e
VNI VaWey Xo[ $Umma )TI¢i6ays, JUrc l4 10 Tuesdays: June 13- 9TVesWy6:]uN l4 9TUerdaya: ]ure l6
FuuM Un X'M1tz Ju 2W5 �•W urt 21200) 33'635 ust 1920
ft -p Vall Farmers )urc 14 Sepmmbw ]ue 161,Nrrder t), lure 36 September 1, June 22- 1,- 21,
]bmersbip MarMH (]4 XXWr�) 15,R00 2006 (l4 e$-1 RW,R00 2NJ(14 Marred) ) 130'ORO - (14 Marm6) 1W '�
Val Uembm arW lure 23, 2N) (Ire
Brelrr� BBQ 6}NRd 2005 Xe[Impemeneee 20N Mmir4plmrwrmd 1� 1,250 lone 2l, }➢OB 3,500
Assoda0wr
D}]rad] Valllsg� 92 mama 101 Wm6 1W leanN
Promotnm Sbmlwrt - - 16,3=. ] E4 JUty4, 2006 __ ure2) -]uty 4 „2W) 1),116 mm1 28-JW 6 '� 1M19mW
`� Valley Amerlta pays M-W, J,N 4 , 2005 UM Twsday, JuN 4, E0p6 1630,OW rr¢Oay.luly 4, yyOW l- ,1.N 4, A06 35,M
Brawl (G 0 petlOmarca6: Jude 19 palDnnerxa: Jure i9 PMprmanms: lure 20 P-: Jure
w_ pMO�ancss M -luly 29, 2005 31,M 28 -luN �, 20D6 361,321 E] -)uN P, 200) 33,W9 E -JUN 25, 20N MAU
Veil VaRry 00Arc R'OVei 6 pcvy ems: luN I ) pedmmamb: ]uN 3 PeMmmret': )uN ) pmfarmams: luN Z7
FpwWeOni ((GRI name Alqust ]. 2005 9,530 A-. ]3, 2N6 11,654 August l2, 200) v '� Pu9u49, 2008 11,696
Mom Rho Famb FrWdy ARmm0n 2005 No[Impemenma 200fi No Implemented 200] NotimpXnenbtl Sumrrcr200�: (1st 2.5W
Moon 0.1rtr 8ancM1 Poky MwP,min 2005 NotlmpemenlM 20N Nmlmpemmretl 2001 NotimPlemmmO Aupustl3.2N8: (Irt &�
Team mamF 351 mama WO hwme
CNmppnsr N@ -it N35xmr AUgmt S] 2005 6293ll=Ig Augut 4 {, 2006 )3)1lrrdudirg Arg16[3- 5,200) �IWlrp Aug 1- 3,2006 82W IrItl .
Fa31e Valley VM Ar[s FemMl A.. 19- E1,2W5: )OW Aumst 11- 13,2006: AugwY 1012, 2007: E .500 Au-8-10, 2008: E 3,OW
Vail lea fdumbre.larx 2005 Not impkmenmd 2006 t6m lmpeeenmd 2W) NRtimpemenrm June ES, 2DN 1,sW
Va11 ]axx Jaa @tbe Mmytt 95uMayO ;3W 95urapya 2,- 9SUrdays 2,>0n 9s-- 2,TM
Vail Jeer )era @VaX lury 3l-
August 28,
FgumW[bn 50uare -1 teat implemented 2006 Not lmpemrmM 200) Nef impemenletl 20[0 (14 ymr.5 3,OW
mi lea Vail lea Party 3.500 AvN 31- Seprembc 3,SW A1quR2 w1. 2000 3,500
f m lea Vaall�ndie4ival: 3W5 6.210 2006 6,200 30D)
omWaoon 6,2W 20N 10,>W
VaU VaXy Strce[0®[ 20D1 -05(13 31,SW �(IOCwa>6) 36,300 2006D1(ll cwcel6) 26.900 2007-0R (6 mrm6) 23,6W
HgHlim SmrdN Gownw[on GOre SepNmber 3, 2N5 >ppp OW rtopmr In 2006 MW instlmmd September 11, 2110) 12,SW A,-29 -31, EON IB,WO
Hlpilire SpwtsB 01MdsNSI SePJemmr ill6]6 40.000 Sep6embm B -10016 WOW 4gember 7-9 O 14 �� Segcvnmf 5-)932 -14, W
lkjaQL-
MertM1ani Cgbatlp Grant September 12 -17, 20N 4W COmuum SepsnnM ]) -21, 20N 2e.0 pagcpvrrm rm SWemba 1620, 2W] M partklpenm, no Septe 15.20, M 1,2.50 famum
UNI-
VallSymPNUm p�mr (6 2W5 Nmimpementm 2006 >35 ZW> 1,152 2003 858
mo
Vail sy.P - -1- BOp 2005 No[Implemen d )1106 Nx impementee -1 NatlmpemXHea Qtobcr 2062), 20N W
Ya0 vaMy5arer V'll COaIkay C4 Rohr 1-2,2WS 2,2DR pIRyem (]smOX) -0, 2006 LWOOmVaN QmhX 6),2W) zmpeyere (4.4 bar 45,m 1,6W payee
Sx ant Sti Swap 0.mbm28 -M.2N5 3,OW UsbbO21,28- OdoOa'262), EO) 3,300 Nmember l-8, 20N 4,OW
HOOXa Sporee 2005 Mm lmpemntae 20,
OsrzmhT41), 2006 15,000 OmmOm}16,22Q,- Damnbm &15, 20N 11,SW
Er�dnmem lix r)
vaW Fiemwa uWXamm. TwH.a Pem2 m2 uxmemm. oy2uam9
Data provided in these tables was collected by the Town of Vail and MTRiP in January 2009 from a variety of secondary sources, which are thought to be accurate, but not independently verified and best used as a general overview as a result.
Vail Economic Indicators: Real Estate (2004 -2008)
Indicator Source Description Report Date ('04 '05) Data ('04 '05) Report Date ('05 'O6) Data ('05-'06) Report Date ('06 '07) Data ('06-'07) Report Data ('07 '08) Data ('07 -'08)
Real Estate Eagle County Total number of Winter (November'04 - Winter (N—ber TI - Winter (November'06 - Winter (NO— ber'07 -
Sales Assessor's Office Real Estate APril'OS) 297 April ��) 174 April
175 Apri1'08) 177
Transactions Summer (May'OS - Summer (May'06 - Summer (May '07 - Summer (May '08 -
within Vail October'05) 270 October , 217 October 07) 158 October 08) 149
Sale Price Eagle County Average sale price Winter (N- enn-14 - Winter (November'05 - Winter (November'06 - Winter (November'07 -
Assessors Office of Real Estate $778,296 $3,168,249 ;2,169,933 $2,258,364
transactions Summer (May'OS- ;1,641,307 Summer (May'O6- ;1,391,526 Summer(May'07- ;1,370,692 Summer (May'OB- ;2,508,787 Oftba, 071 October
Price Per Square Eagle County Average price of Winter (Ncvember'04 - Winter (NOVemher'OS - Winter (November '06- Winter (November'07 -
Foot Assessors Office Real Estate per April 'OS) $602 April '06) $727 April '07 )
$ 902 April'OB) $768
square foot Summer(May'05- $656 Summer(May'06- ;831 Summer (May'07- ;726 Summer(May'08- $1,344
Oros Sales Eagle County Total Gross Sales Winter(November'04- Winter (N— mber'05- Winter(November'06- Winter (November'07-
Assessors Office Amount (USD) $229,451,000 $203,275,300 ;379,738,200 ;399,730,500
Summer (May'05- ;4443,098,800 Summer (May'06- $301,961,100 Summer (May'07- $216,569,400 Summer (May'08- ;373,809,300
Prim Ratio Land Title Average ratio ratio of Winter (November'04- Winter (Noveer'05- Winter(November'06- Winter (November'07-
Guammtee list price to sale 97.50% 94.90% 95.30% 96.00%
Company pace = D i 4a,'01 - 95.2% Summer (May'06 - 94,50% Summer (May'07 - 94.40% Summer (May'08 - 9740%
Residential �EaglaCwrty N %inter(Nmember'04- Winter(November'll- Winter(N— mber'06- Winter(N— be,'07-
Propertim Sold Assessor's Offre residential 184 165 163 143
properties sold Summer (May'OS- 243 Summer(May'06- 200 Summer (May'07- 144 Summer (May'OB- 156
October CEagle County Number of Winter (Novem6er'04- 107 Winter (NOVember'05- 5 Winter(November'06- 10 Winter (November'07- 11
Properties Sold Assessors Office commerdal ' n.
properties sold Summer (May'OS - 27 Summer (Ma y'06 - 2 Summer (May'07 - 7 Summer (May'OB - 0
051 Dwelling Units Community �Nurnberolf Annual (January'05 - Annual (January '06 - fanuary'07 nual (J- fnual (January '08 -
Constructed Development additional dwelling December'05) December'06) cember'07) cember'08)
Department units constructed 0 9 24 75
Hotel/ Community Number of Annual (January '05 - Annual er.06 ry'06 - Annual (lanuary'07 - fritull (January'08 -
Acmmmodatlon Development additional hotel December'05) 20 December 11 December '07) 77 cember'08) 90
Units Department units constructed
Constructed
111'ractional Fee Community Number of Annual (January'05 - fnual (January'05 - Fnual (January '07 - frival (Jenuary'08 -
Units Development additional December'05) 0 cember'06) 0 cember'07) 0 member'08) 0
Constructed Department fractional fee units
constructed
Net New Icommunitv 11 N New Annual (January'05 - Annual (Imuary'06 - Annual (January'07 - Annual (January '08 -
Commercial Development Commercial December'05) 0 December'06) 9,25osf December'07) 36 207af December -08) 24,56fisf
Square Footage Department Square footage
Constructed I j
Vail Economic Indicators: Real Estate Page 1 of I Last Modified: 02/2612009
Data provided In these tables was oollecled by the Town of Vail and MTRiP in January 2009 from a variety of secondary sources, which are thought to be accurate, but not independently verified and best used as a general overview as a result.
Vail Etorromk IrrdlwMrs: Town Revenue (20138-2009)
Indkator source Deboripdon Report Date ('04- Dab ('04 -'W) Report D ba ('05- Data ('05 -'06) Report Drt ('06 Dab ('01 Report DWb ('07- Data ('07 -'08)
Vail Village TOV Finance Amount Winter (NOVember'04- winter (November'05 Winter (Novemher'D6- Winter (Novemher'0]-
S Department colkctd(USD) Apol'OS) $1,959,692 Apnl'06) $2.1501 A,1 ') $2,235,6115 April'08) $2,102,116
Summer (May'05- $707,992 5ummar(May $709,091 Summer (May'07 - $724,999 Sunni(Mai- $668,155
R '.
LlomMad TOV Finance Amount Winter(November'04- Winler(NOVember'05- Wiinter(NOVember'06- Wnter(NOVember'07- h7l t o Department mlledisd(USD) $698,828 $660.292 5]06,911 5836,906
a
Summer (May'OS- $146,360 Sun- (May'O6- $158,964 Summer(May'07- $151,560 Summer (MaY'08- $2101
1 a Casade /E. TOV Finance Amount WMer(NOVember'04- Winter (NOvembi- Wlnter(November'06- Wintel(November'0]-
Vail /9andsmne Department mllected(USD) April '05) f1,038,9H April'06) $1,10,781 April $1,144,388 51,14a,38B April '08) $1.192,709
x BW. Vail ISUrnmer (May'05- Summer (Mey'O6- Summer (May'0]- Summer(May'0-
otmber'05) $671,503 Olht ,., $70],58] Orlobor'07, $712,121 0ao6a'08) $780,]27
Vail V111.9. TOV Rnance Amount Winter(November'04- WMer(ovem
Nber'05- Wiinter(November'W- Winter(Novemb�'07-
S Department collected (1513) $1,619,858 $2,021,]1] $2,090,188 52.147,236 Ann M) And-71
L a Summer (May'OS - $377,08 Summer (May'06 - $388 552 Summer (May'07 - $414,799 Summer (May'OB - $448,30 AMI ran
o I
d e Llonahesd TOV Finance Amount Winter(November'04- Winter (November'05- Win,,(NOVember'O6- Winter(November'0]-
Dyarbnent rrile[U.tl(USD) $1,211,828 51,320,180 $1,148,205 51,590,517
B s Summer (MW'05 - Summer (May '06 - Summer (Mey'07 - 5ummer (Mai
$247.305 5282.591 $323,812 $324,648
n T C -de /E. Peter. Amount Wnter(November'04- Winter(November'05- Winter (NOvember'06- Winmr(Noverni-
B 0 Vail /Sandstone Department cdlected(USD) $861,732 $911,909 $1,062A23 $1,01,5]9 Andl '071
X ✓k W. Vail Summer(May.05- $276,491 Summer(May'O6- $294382 Summer(May'07- $302,779 Summer(MaY'C0- $305.927
Yet Wllaga TOV Rrlanre Amount Wlyder (NOVember'04- Winter (NOVember'OS- Winter (NOVember'06- Winter(November'07-
g Departnem cdlecMi(USD) $1,363,898 51.709.731 $1,885.8]0 $1,84],560
R Summer ( May '05 - Sun-, (M ay '06 - Summer (May Y17 - Summer (May 'M -
F e Octeber'OS) $747,920 OcIdber'D6) $777,970 Odeber'07) $81 i3ctober'OB) $872,967
0 1
p e o Lionihead TOY Nuance Amount Winter (November '04 - Winter(November'05- Win- (November'06- Winter(November'07-
Department mlleded(15D) '' $308.086 ,, $395,789 $398,373 $552,0011
d r s Summer (May 05 - Summer (Mey'06 - War (May'07 - Summer (May 1 1 -
$161,611 $172,766 227,858 $308.728
8 ' B eCascade /E. TOV R Amount Winter A Winter(November'04- $302,326 WMer("Mrinber'OS - $027585 Winter (November '06- Winter (November'O]- $419,824
.ri t Vail / Sandstone Department collected (USD) ' dan
& W. Vill Sumnar (May'05 - 53811,833 Summer (MaY'Ofi - $321,019 Summer (MaY'07 - $335,283 Summer (My . 08 - $288.244
TOV Rds- Sales N. % Full Year 2005 vs. full 6.6% WII Year 2006 vs. full &2% Full Year 2007 vs. full 6.D% Full Vear 2008 vs. full 3.8
Department
Total Sales Tax vs. CPI % Increase Full Vear 2005 vs. full 3.4% Full Year 2006 vs. full 3 2% Full Year 2007 vs. full 2.8% FUII Year 2008 vs. full 3.9
inflation as Measured by
CPI Sales tat better FUII 2005 vs. full Wl Year 20M vs. full Fml Year 2007 vs. Nil Full Year 2008 vs. full
(worse) than year 2074 3.2% w., 2005 5.0% year 2006 3.2% year 2007 0.0%
Inflation
TOV P.- Total Mnual (January'05 - Annual (]anuary'O6 - Annual (.immary'07 Annual (January'0 -
Censtruction Use Tax Department consllu[tion a December'05) Not implemented Decanbar'06) Not implans.. d DerPmber'07) Not implemented December'0) $608,483
TOV finance Total property Annuel(Januery'05- Annual (January'O6- Annual(January '06- Amnual(January'0-
Total Property Taal Department taxes mllectM Derertrber $2A69, 629.00 Decem . 1) $2,751,032.013 Decembe M) $2, 830,331.00 Dettmber'08) $4,092A45.00
Year -end data Is proliminaty and unaudited
1 _, Real EM TOV Finance Total Real Annual (January '05 - I Annual (January '06 - Annual (January'07 - Annual (]anUary'0 -
TrarlsfmTax Department Fstate Transfer December'OS) $fi, 206,05 &00 December 976) $6,239,744.00 pecem0er'O]) $6, 536,118.00 pettynber'0) $&982,722.00
T. TOV Finance Geneai Wnd As of December 31, As of December 31, As of December 31, As o1 December 31,
To1Nn Reserves Department Year {nd 2005 $13,673,908.00 2. $15A33,051.00 2007 $19,834,71].00 2 Not AnllabN:
Balance
Year -end data is preliminary and unaud0ed
Veil --ic ssfui ors: Tmvn Revenue PoBe t M I Last Mmtliaed:02J26/-
Data provided in these tables was collected by the Town of Vail and MTRiP in January 2009 from a variety of secondary sources, which are thought to be accurate, but not independently verified and best used as a general overview as a result.
Vail Economic Indicators: Business Growth (2004 -2008)
Indicator Source Descripden Report Date ('04-'05)1 Data ('04 -'05) Report Date ('05-'06) Data ('O5 -'06) Report Date ('06 '07) Data ('06-07) Report Date ('07 -'OB) Data ('07 -'OB)
Banking FDIC To[alamount of Annual(May '04 -June Annual (May '05 -June Annual (May'06 -June Annual(May'01 -June
Deposits in banking deposits '05) $1,139,566,000 '05) $1,373,139,000 '07) $1,482,320,000 '08) $1,450,180,000
Eagle County (USD)
Same Store M[rip r1rt of sales Winter (Nrnember'04 - Whiter (November'OS - Wimer (November %- Winter (November'07 -
Sales reports ) Not implemented Not implemented $97,122,801 ;•J9,617,885
Summer (May'05 - I Not implemented Summer (May'06 - Not implemented Summer (May'07 - I $0,636,765 Summer (May 08 $29,4 %,375 October OR)
Od,ber 05) October 06) Ort, -r Visitors Vail Resorts Estimated Number Winter (NOVember'04 - Winter (November - Winter (November'06 - Winter (November'07 -
of Visitors April'OS) 7,568,192 April.. 1,878,778 Apnl'07) 7,808,204 APriI '08) 1,569,788
Summer (May'05 - Summer (May'06 - Summer (May'07 - Summer (May'08 -
October'O5) 650,000 (2001) O g6) Not avallable October , 07) Not available October •08) Not available
Unemployment Colorado Department unemployment
Rate of Ld-- Local A- rate In Eagle Annual (lanuary'05 - Annual (]anuary'O6 - Annual (January - Annual (January'OB -
unemploymem County pecember'OS) a.9k Oecember'O6) December'07) December'OB) Not available
Statistics
J E.ployment Colorado Department Estimated number
of labor- Local Area of people Annual (January '05 - Annual (January . 16 - Annual (January '07 - Annual (January'08 -
unemploymem employed in Eagle December'OS) 27 December'06) 29'727 December '07) 30,300 December'08) Not available
Stabsti6 County
Population Co
orado State Number of Annual (as of July Annual (as of July'06) Annual (as of July'07) Annual (June '07 -July
Estimates Govemmenl' estimated full -time 4,789 4,812 4,871 '08) Not available
Department of Local residents in Vail
Affans
-� - - Vail Economic Indicators - Macroemnomic (2004 -2008)
indipbpr Source. ... Report Date ('04 -'05) ('g9 -'OS) Report Date ('05 -'06) Data ('05 Report Date ('06 -'07) Report Date ('07 -'08) Data ('07 -'08)
Consumer U Conferenm Consumer Winter (November'09- Winer (November'OS- Winter(NOVember'06- Winter(Ncvember'07- Aor Confidence Board C Index 100.9 104.6 107.8 77.8
Index Summer (May'05 - Summer (May'06 - Summer (May'07 - Summer (May'08 -
October '05) 96.5 October . 06) 104.7 Ckmber'07) 104.4 October'08) s2.6
� US Dollar vs. US Federal [IS Dollar vs. Euro Winter (NOVember'04 - Win[er (November'OS- Wirrter (November'06 - Winter (NOVember'07 -
Euro Reserves A ril'05 ¢1.31 A nl'06 $1.20 dl'D $1'32 n1 , 08) $1.50
Summer (May'05 - Summer (May'06 - Summer (May'07 - Summer (May TB -
October'05) $1.22 Odpb $1.27 October .07) $1.37 October .08) $1.49
Vail Economic Indicators: Business Gno rt Macro Emn Page 1 of 1 Last Modified: 02/26/2009
TOWN OF VAIL
REVENUE HIGHLIGHTS
February 26, 2009
Sales Tax
When all sales tax returns are received for the month of January, collections for the
month are expected to be $2,610,515 down 12.3% from January, 2008 and 6.5% down
from the revised 2009 budget. The ski season so far (Jan — Nov) is down 8.7% from last
ski season. Inflation as measured by the consumer price index was flat, or 0% for the
month of January compared to prior year.
Use Tax
Use tax collections as of February 26, 2009 total $9,899. 2008 collections totaled
$608,483 of revenue.
Construction Permit Fee Revenue
Construction permit revenue through February 24 totals $132,000 up 75% from 2008.
The increase in activity from the prior year is due to major redevelopment projects with
continued permit fees during construction (not from new building permits). Major
redevelopment projects make up 81% of the total. Revenue from non -major projects is
down 47% from 2008.
I
Real estate Transfer Tax (RETT)
RETT collections through February 24, 2009, total $260,978. This amount is a 75%
decrease from last year's February due to both major and non -major redevelopment
projects. At this time last year, the town had collected over $620K in RETT from sales
of major redevelopment projects such as Arrabelle, Forest Place and the Vail Plaza.
Year -to -date 2009 has seen limited sales from major redevelopment projects and is down
90 %. Collections not related to major projects year -to -date are 36% down from this time
last year.
Parking Revenue
Pass sales through February 24 total $33,250, down 2.5% from 2008.
Year -to -date daily sales (from parking structures) total $1.7 million, up 5.9% from the
first two months of 2008. Please note there is one Saturday yet this month not included
in the above total.
090226 Revenue Highlights — 1 —
i
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: March 3, 2009
I
SUBJECT: Summary of commercial ski storage
i
I. SUMMARY
At the Town Council meeting on February 3, 2009, there was public comment
that led to questions regarding the current commercial ski storage activity in Vail.
The purpose of this memorandum is to provide a summary of the existing
commercial ski storage regulations as defined and regulated by the Town Zoning
Code, a brief history of development review applications regarding commercial
ski storage and examples of approved commercial ski storage in Vail Village and
Lionshead.
From the research gathered, Staff confirmed that the existing regulations for
Commercial Ski Storage limit the location of storage to the basement or garden
level of buildings. The existing regulations are meant to enforce the legislative
intent of horizontal zoning which is to foster a mix of retail shops at the
pedestrian level of streets to maintain and preserve the character of the Vail
Commercial Area.
II. EXISTING REGULATIONS
Commercial Ski Storage is defined in Title 12, Zoning Regulations as:
Storage for equipment (skis, snowboards, boots and poles) and /or clothing
used in skiing related sports, which is available to the public or members,
operated by a business, club or government organization, and where a fee is
charged for hourly, daily, monthly, seasonal or annual usage. Ski storage that
is part of a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage.
Accessory Use: Commercial ski storage is allowed as an accessory use in all
districts if it is deemed to be "customarily incidental and necessary for the
operation of the business or use to which it is accessory." For example, a lodge
or hotel can have accessory commercial ski storage for their guests or a ski
rental shop can have accessory commercial ski storage for their patrons.
1
a
•
III. HISTORY AND EXAMPLES
1975 — On September 16, 1975, the Vail Town Council adopted Ordinance No.
16, Series of 1975. Pursuant to Section 1, Title, of Ordinance No. 16, Series of
1975, this ordinance shall be known as the "Ordinance Amending Zoning
Ordinance by Imposing Horizontal Zoning in CCl ". The purpose of this ordinance
was "...to maintain and preserve the character of the Vail commercial area ", "_ to
continue the balance between the many commercial and residential uses
permitted in the Commercial Core 1 District ", and "...to promote a variety of retail
shops at the pedestrian level. "
1989 — Zoning code was amended (Ordinance No. 26, Series of 1989) to allow
commercial ski storage as a permitted use only in the basement and garden level
of buildings in CCI and CCII.
2001 — Application was submitted by the Town of Vail, with Council direction, to
allow commercial ski storage as a conditional use on the first and second floors
of buildings in the Lionshead Mixed Use 1 and Lionshead Mixed Use 2 zone
districts. The application was withdrawn, with Council direction, after the PEC
recommended denial of the proposed amendment.
August 28, 2001 Council highlights stated:
-- Discussion of Ski Storage Regulations in Lionshead
After receiving an update on the Planning and Environmental Commission's
(PEC)review of a Town Council request to consider amendments to the town
code to expand allowable commercial ski storage in Lionshead to include the first
floor, Council members directed staff to retain the current provision limiting ski
storage to the basement level. The PEC voted to forward a recommendation of
denial regarding the proposed amendments to the Lionshead Mixed Use 1 and 2
zone districts which would have allowed commercial ski storage on the first level
of buildings in Lionshead. Then PEC review had been mixed with some members
supporting the expansion as a conditional use and others recommending no
changes to the current regulations. Noting the need for additional clarification, the
Council also directed staff to improve the definitions for "basement and garden
level" and "first floor street level" and to explore developing a map to further
define first level spaces. The issue was raised last spring by Tom Neyens of Ski
Valet, who called the town to express concerns about possible violations by other
businesses in Lionshead. Neyens has testified against expansion of ski storage
to the first floor. instead, he has advocated strict enforcement of existing
regulations and consistent interpretation of the town code.
2007 — Court Case: Covered Bridge, Inc vs. Town of Vail in which the legislative
intent of horizontal zoning is defined as: To foster a mix of retail shops at the
pedestrian level. The courts ruled in support of the Town's regulations and their
application.
IV. CONCLUSION
In reviewing the policies and regulations, Staff found that there are challenges
with the enforceability of accessory commercial ski storage, located on the street
level or first floor of businesses. There are existing businesses in Town that are
primarily ski rental and /or ski repair and as an accessory use, offer commercial
2
ski storage overnight. Examples include:
9
+ Businesses that rent and tune skis for periods as long as the ski season
with storage provided all season long.
• Businesses store street shoes and other clothing for individuals who have
rented ski equipment.
• Lodges and hotels desire to locate ski clubs with ski storage at the base
of the slopes and have suggested that to be considered retail they will sell
minimum merchandise.
• Businesses do not have to meet certain sales tax revenues collections to
be considered a first floor permitted use.
• Businesses do not have to meet a minimal floor area to be considered a
permitted use or be open for operation.
Commercial ski storage is allowed as an accessory use in the above listed
examples. The existing regulations do not contain enforceable language that
allows the Town to measure the amount of retail on the first floor of businesses
or link the sales tax generated to the accessory uses within a business.
3