HomeMy WebLinkAbout2009-06-02 Agenda and Support Documentation Town Council Work Session VAIL TOWN COUNCIL
WORK SESSION AGENDA
TOW T v
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
12:30 P.M., JUNE 2, 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.
Public comments on work session item may be solicited by the Town
Council.
1. ITEM /TOPIC: Site Vist - 2724 Snowberry Drive, Lot 14. (30 min.)
PRESENTER(S): George Ruther
2. ITEM /TOPIC: Vail Local Licensing Authority (LLA) Applicant Interview. (5
min.)
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Please interview the Local Licensing
Authority (LLA) applicant to fill one (1) vacancy at the work session and appoint
one person to the LLA board at the evening meeting (two year term, expires May
31, 2011.)
BACKGROUND: All applicants to the LLA must be citizens of the United States,
qualified electors of the Town of Vail, and have resided in the Town of Vail for not
less than two years preceding appointment, and shall have no direct financial
interest in any license to sell alcoholic beverages or any location having any such
license. Duties of the five - member board include review of all Town of Vail liquor
license applications. There is currently one vacancy on the LLA. The Town
received one (1) application for the vacancy. The Council needs to interview the
applicant at the work session and then make the appointment to the LLA at the
evening meeting. The applicant is Jill Landman Alfond.
STAFF RECOMMENDATION: Please interview the Local Licensing Authority
(LLA) applicant to fill one (1) vacancy at the work session and appoint one person
to the LLA board at the evening meeting (two year term, expires May 31, 2011.)
3. ITEM /TOPIC: PEC /DRB Update (15 min.)
PRESENTER(S): Warren Campbell
4. ITEM /TOPIC: Recap of Premier Impressions Program. (10 min.)
PRESENTER(S): Richard tenBraak
5.
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ITEM /TOPIC: LionsHead Transit Center Update. (45 min.)
PRESENTER(S): Tom Kassmel / Greg Hall
ACTION REQUESTED OF COUNCIL: Listen and confirm actions.
BACKGROUND: The Vail Reinvestment Authority has entered into a contract with
4240 Architecture design team to study the feasibility of construction of a transit
center in the Lionshead area. Staff and the design team have begun the project
and will update the Council with a review of past planning efforts, the needs,
givens, goals, measurable criteria, summary of the informational gathering
charettes and next steps.
STAFF RECOMMENDATION: Listen and confirm actions.
6. ITEM /TOPIC: Discussion of Ordinance No. 15, Series of 2009 an
Ordinance Defining Electronic Personal Assistive Mobility Device
( "EPAMD "); Establishing Regulations Regarding the Operation of Such
Devices in the Town of Vail; and Setting Forth Details in Regard Thereto.
(15 min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Discuss and finalize the list of prohibited
areas and other prohibitions.
BACKGROUND: See Staff Memorandum.
STAFF RECOMMENDATION: Discuss and finalize the list of prohibited areas and
other prohibitions.
7. ITEM /TOPIC: Resolution No. 17, Series of 2009, a Resolution Approving an
Intergovernmental Agreement Between the Town of Vail, Colorado and the
State of Colorado Department of Revenue Regarding the Authorization to
Administer Commercial Driver's License Driver Skills Testing; and Setting
Forth Details in Regard Thereto. (5 min. )
PRESENTER(S): Greg Hall / Matt Mire
ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town
Manager to sign and enter into the IGA with DOR.
BACKGROUND: The Town of Vail has been providing CDL examiner services for
our employees for many years. Without the approval of the state in the form of the
IGA, the town's C.D.L. Examiner licenses will be lost and we will not be able to
train and test our new seasonal drivers next fall. If that happens, we will need to
find another third party tester, most likely in the Denver area, to test our drivers.
The expenses and timing would be very prohibitive.
STAFF RECOMMENDATION: Approve the IGA, and authorize the Town
Manager to sign and enter into the IGA with the DOR in a form approved by the
Town Attorney.
8.
ITEM /TOPIC: Information Update.
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a. Arosa Drive Duplex Update.
b. 2009 November Election Options. (15 min.)
PRESENTER(S): Pam Brandmeyer
9. ITEM /TOPIC: Matters from Mayor & Council. (15 min.)
PRESENTER(S): Town Council
10. ITEM /TOPIC: Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(e) -
to determine positions, develop a strategy and instruct negotiators, Re:
preliminary draft results of economic impact study. (45 min.)
PRESENTER(S): Matt Mire
11. ITEM /TOPIC: Adjournment. (3:50 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, JUNE 2, IN THE VAIL TOWN COUNCIL
CHAMBERS.
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l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Site Vist- 2724 Snowberry Drive, Lot 14.
PRESENTER(S): George Ruther
ATTACHMENTS:
Open Space Acquisition
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MEMORAI DUM
To: Vail Town Council
From: George Ruther, Director of Community Development
Date: June 2, 2009
Re: Town of Vail Opportunity for Eagle County Open Space Acquisition
BACKGROUI D
At the May 19, 2009, Vail Town Council meeting a question arose regarding any possible
opportunities the Town of Vail may have to partner with Eagle County in the acquisition
of open space. The purpose of this memorandum is to briefly describe a possible
opportunity for open space acquisition and to summarize the criteria for open space
acquisition established by Eagle County. A site visit to 2724 Snowberry is scheduled for
June 2nd
POSSIBLE OPEI SPACE OPPORTUI ITY
In 1994, Vail Town Council adopted the Town of Vail Comprehensive Open Lands Plan
The purpose of the Plan is to identify and develop strategies for acquiring or protecting
key remaining open lands in Vail that would be valuable for recreation, protecting
sensitive environmental resources, extending or connecting trails, providing adequate
neighborhood open space and creating a small amount of contingency land for unforeseen
needs.
To that end, the Plan identifies ten possible techniques the Town could use to carry out
the goal of the Plan. The techniques include:
• ToV acquire — fee • Easements
• ToV acquire — tax lien • Public Use Agreement
• USFS acquire — fee • Donation
• Land Trade • Bargain Sale
• Obtain Development Rights • Condemnation
The Plan also contains a list of priorities for action. Evaluation criteria used to prioritize
actions towards achieving the goals are outlined in the Plan. According to the
Comprehensive List of Recommended Actions,
Parcel 6: Intermountain, Lot 14, 2724 Snowberry Drive
High Priority: Acquisition of development rights to protect the steep slopes and
mature coniferous trees. Moderate to High threat of development.
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Additionally, according to the Town of Vail Comprehensive Open Lands Plan, Hazard
and Sensitive Area Map Parcel 6 is identified as having "sensitive natural habitat'
Town of Vail records indicate that Lot 14, Vail Interinountain Subdivision (ie Parcel 6) is
approximately 10 acres in size and zoned Primary /Secondary Residential. The property
is currently owned by the Eagle River Water & Sanitation District and the partial site of
the new West Vail water storage tank. The water storage tank presently occupies
approximately three acres of the total ten acre site. In the past, the Water District has
contacted the Community Development Department to inquiry about the Town's interest
in the property.
EAGLE COUI TY OPEI SPACE CRITERIA
Eagle County has established a set of written criteria to be used when considering
requests for open space acquisition. Criteria for consideration include, among other
things,
• Scenic Landscapes and Vistas
• Regional Heritage, Agriculture and Ranching
• Wildlife, Wildlife Habitat and Migration Routes
• Sensitive Lands & Environments
• Physical and Visual Buffers
• Access to Streams, Rivers, Public Lands, and Dispersed Recreation Opportunities
In summary, Eagle County utilizes a weighting system for evaluating and determining
the appropriateness of acquiring a parcel of land for open space acquisition. At the time
of preparing this memorandum planners from Eagle County had not yet been able to
respond to several telephone inquiries seeking further understanding of the County's
open space acquisition processes.
A copy of the Eagle County Open Space Criteria has been attached for reference.
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EXHIBIT A
Eagle County Open Space Criteria
For the Evaluation of Land Suitability,
and the Prioritization of Potential Acquisitions
Utilizing Eagle County Open Space Funds
February, 2004
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Criteria Summary
No ranking of relative importance is inferred by the following order
I. Scenic Landscapes and Vistas
Preserve and protect Eagle County's outstanding natural beauty and visual quality
II. Regional Heritage, Agriculture and Ranching
Retain Eagle County's history, culture and agricultural land uses
III. Wildlife, Wildlife Habitat and Migration Routes
Set aside areas critical to the long term health and vitality of indigenous wildlife
IV. Sensitive Lands & Environments
Protect riparian areas, flood plains, and other sensitive, unique or endangered ecosystems
or environments.
V. Physical and Visual Buffers
Promote community separation and distinction, and provide separation between
developed areas and sensitive lands
VI. Access to Streams, Rivers, Public Lands and Dispersed Recreation Opportunities
Provide access to public lands, and improve opportunities for high quality dispersed
recreation
In- County Regional Weighting
In recognition of 1) the elevated risk of loosing critical open space in areas subject to high
development pressure; 2) the present -day economic realities of ranching, and the resulting risk of
loosing significant elements of County's ranching heritage and culture, and; 3) the importance
and sensitivity of the County's higher elevation environments and watersheds, three regions have
been identified within which certain criteria will receive stronger, or "weighted ", consideration.
Those in- county regions are: Agriculture and Ranching Uses Development Corridors and
Upland Watersheds Page 10 of this document summarizes the weighting of criteria within
these "target" areas, and relevant information is also found in the left hand column of each
criteria description on pages 3 through 8.
Additional Criteria
In addition to the above criteria, which will be used to evaluate qualities inherent to the land — its
location, topography, size, vegetation, use, etc. - additional criteria will be used to evaluate the
quality of the business transaction and other more or less subjective factors associated with the
proposed acquisition. Those additional criteria include, but are not limited to, partnering,
funding or other factors that would reduce the County's portion of the purchase cost, anticipated
long term maintenance costs, conformance with County Master Plans, project urgency, property
encumbrances, community support, potential educational benefits, and potential benefits of
regional or state wide significance (see page 9).
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Evaluation Rating Point Weighted
Criterion Score Score
I. Scenic High (4 points): Relatively larger tract, the
Landscapes size is significant relative to its location and
and Vistas surrounding parcels. High visual exposure
from primary highway or travel route.
Factors: Outstanding and /or unique scenic quality of
regional importance or scale. Contains
Location prominent Eagle County features, ridgelines or
Visibility landmark(s), strongly associated with
Quality County's identity or sense of place. Land is
Relative contiguous with other highly valued existing
Contribution
Contiguity or potential open space lands. Preservation
Size (relative) enhances perceived and economic value to
residents and tourists and supports the reasons
for living /visiting here. Property generally
undisturbed, in natural state. Long term visual
Region Weighting benefits are free of obstruction from potential
Factor: For this uses on adjacent or surrounding properties.
Open Space Value Geology and vegetation is stable. Property an
multiply the Point "in- holding" whose protection from
Score by the development would greatly add to the
Weighting Factor community and the open space surrounding it.
shown for the
Region in which this
Project is located:
Med (2 points): Significant visual exposure
from secondary travel route. High visual
Ag. and Ranching quality, diversity, contributes to community
[0] identity or sense of place. Contains prominent
local features, ridgelines or local landmark(s).
Development Corr. Of more local importance or scale.
[x3]
Upland Watershed Low (lpoint): Witnessed only from less
[x2] traveled roads. Low visual diversity, interest.
Disturbances or improvements on the land
lessen scenic quality. Contribution to scenic
quality in a very limited geographic area.
NA (0 points): Land cannot be seen by the
public, provides no contribution to the
landscape.
3
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1 - 1 - 5 \n
Evaluation Rating Point Weighted
Criterion Score Score
II. Regional High (4 points): Historic working ranch with
Heritage, long term viability. Large size (500 acres or
Agriculture and greater). Extensive areas of pasture, irrigated
Ranching land, prime soils. Productivity predominately
rated as 10 or above according to the State of
Factors: Colorado uniform productivity evaluation
system, which includes assessment of water
Agricultural quantity and availability. Site of significant
production historical or cultural value. Preservation
Economic enhances perceived and economic value to
viability residents and tourists and supports the reasons
Water rights
Historic uses/ for living/visiting here. Senior water rights
structures intended to stay with the land. Excellent water
Relative total size delivery system. Contiguous to other ranches or
and fraction that is protected open space. No present or proposed
in production non - ranching businesses or activities that would
diminish values important to open space
preservation.
Region Weighting
Factor: For this
Open Space Value Med (2 points): Working ranch of smaller scale.
multiply the Point Productivity predominately rated as 7 or above
Score by the
Weighting Factor according to the State of Colorado uniform
shown for the productivity evaluation system. Long term
Region in which this viability less certain. Adequate water, perhaps
Project is located: less senior in right, will stay with the land.
Historical or cultural value of less significance.
Contiguous to other ranches or protected open
Ag. and Ranching space. No adverse non - ranching activities that
[x3] place or would potentially place ranching as a
Development Corr. secondary activity on the land.
[x3]
Upland Watershed Low (1 point) Productivity predominately rated
[x2] as 5 or below according to the State of Colorado
uniform productivity evaluation system.
Relatively small. Minimal water rights. Some
history or cultural connection, but of minimal
value
NA (0 points): Land with no ranching activities,
agricultural production, or connection to Eagle
County history
4
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Evaluation Rating Point Weighted
Criterion Score Score
III. Wildlife, High (4 points): Relatively larger tract.
Wildlife Habitat Contains significant mapped winter range or
and Migration winter concentration areas for elk and deer.
Routes Contains significant big game calving areas or
migratory routes. Contains critical habitat,
Factors: breeding or nesting areas for grouse,
waterfowl, or raptors. Known presence of
Quality of Habitat threatened or endangered species. Excellent
Species species and habitat diversity. Has significant
Intensity/type water in the form of streams, rivers, ponds or
of use lakes for wildlife use. Is contiguous with other
Contiguity to Other
Sensitive Habitats existing or potential open space or public lands
Size (relative) of importance to wildlife. Long term wildlife
benefits are free of obstruction from potential
uses on adjacent or surrounding properties.
Region Weighting
Factor: For this
Open Space Value Med (2 points): High quality habitat, but land
multiply the Point somewhat fractioned or isolated in nature.
Score by the Used extensively by deer and elk as summer
Weighting Factor
shown for the range, but less in winter. Less species and /or
Region in which this habitat diversity. Significant use by non -
Project is located: game species.
Ag. and Ranching
[0] Low (1 point): Only occasional use by non -
game wildlife, little use by deer and elk. Poor
Development Corr. diversity. Habitat disturbed /degraded by
[x3] historic activities, uses, improvements.
Upland Watershed
[0] NA (0 points) Little or no documented
current use by, or value to, wildlife.
5
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Evaluation Rating Point Weighted
Criterion Score Score
IV. Sensitive High (4 points): Large property, contains
Lands & significant undisturbed areas designated
Environments (mapped) as riparian or wetland, and /or areas
within mapped flood plain. Significantly areas
of potential geologic hazard. Contains ground
Factors: water re- charge or surface source water areas.
Contains outstanding example of native plant
Riparian community, or known presence of rare and /or
areas endangered plant species. Benefits are free of
Floodplains obstruction from potential uses on adjacent or
Geology surrounding properties. Protection would
Watershed
characteristics contribute to the long -term viability of larger
Vegetation ecosystem. Is contiguous with other existing
communities or potential open space or public lands.
Sensitivity
Contiguity
Size (relative) Med (2 points): Smaller property, contains
riparian, wetland or flood plain or geologic
Region Weighting hazard areas, but to a lesser degree. Smaller
Factor: For this pockets of rare, threatened or endangered
Open Space Value vegetative species. Potential contribution to
multiply the Point ground water /surface water quality, though
Score by the
Weighting Factor less significant. Less contiguity with other
shown for the open space or public lands. Good example of
Region in which this native plant community, some contribution to
Project is located: viability of larger ecosystem.
Ag. and Ranching Low (1 point): Limited amount of riparian,
[x3] wetland or flood plain area. Vegetation
previously disturbed, non - native. Does not
Development Corr. contain threatened or endangered vegetative
[0] species. Isolated from existing or potential
Upland Watershed open space or public lands.
[x3]
NA (0 points) No unique or endangered
environments. No contribution to larger
ecosystem, no wetlands or contribution to
ground or surface water system
6
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Evaluation Rating Point Weighted
Criterion Score Score
V. Physical and High (4 points): Relatively large tract. Of
Visual Buffers itself, or in combination with other contiguous
open space lands, would provide significant
Factors: separation between developed communities,
promoting separate community identity and
Position in distinction. Preservation would provide
County separation between identified sensitive lands
Proximity to and existing or proposed development areas.
sensitive lands In close proximity to identified urban growth
Master Plan boundary, or areas proposed for urban
Contiguity
Size (relative) development. Land is in natural state or
generally undisturbed. If disturbed, needed
Region Weighting restoration is economically viable.
Factor: For this
Open Space Value
multiply the Point Med (2 points): Contribution to goal of
Score by the separation still considerable but less
Weighting Factor significant. Properly positioned, but
shown for the somewhat isolated from development centers,
Region in which this development corridors. Less contiguity with
Project is located: other existing or potential open space tracts
Ag. and Ranching that could contribute to creation of buffer.
[xl]
Development Corr. Low (I point): Property properly positioned,
[x3] but overall contribution would be minimal.
Upland Watershed
[xl] NA (0 points ): Would provide no buffer.
7
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Evaluation Rating Point Weighted
Criterion Score Score
VI. Access to High (4 points): Acquisition would permit or
Streams, Rivers, significantly improve access to area of high
Public Lands and desirability and suitability for dispersed -
Dispersed recreational uses. Negative consequences to
Recreation sensitive lands or environments non - existent,
Opportunities or easily mitigated. On primary travel route,
close to a community center, sufficient parking
would be available. Proposed or existing
Factors: dispersed - recreational use compatible with
uses on surrounding properties, and not
Existing access threatened by potential uses on adjacent lands
Need for access that would diminish its value. Necessary
Desirability improvements / maintenance / monitoring
Sensitivity of projected to be reasonable, within budget.
resource
Maintenance
Region Weighting Med (2 points): Access already exists but
Factor: For this would be improved or enhanced. Target use
Open Space Value area less desirable, less utilized. Land suitable
multiply the Point but less durable, considerable care / expense
Score by the required to avoid impacts to sensitive lands/
Weighting Factor environments. Located on secondary travel
shown for the route, some distance from a community center,
Region in which this sufficient parking would be available. More
Project is located: difficult to monitor.
Ag. and Ranching
[x2] Low (I point): Adequate access already
exists. Area is not desirable. Development of
Development Corr. access would be overly expensive. Remote
[x3] location. Environmental or maintenance costs
would be prohibitively high. Dispersed
Upland Watershed recreation use problematic given sensitivity of
I land. Other open space values would be
materially compromised by dispersed -
recreational use.
NA (0 points): Would provide no access.
Recreational uses are not available.
8
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Additional Criteria and Considerations
A. Factors Favoring Land Protection, including but not limited to:
• Discounts, other funding, partnerships, land donation, and /or endowment contributions
favorably reduce the County's portion of the purchase cost.
• Land or development rights acquisition is supported by the intent and purposes of
applicable Eagle County Master Plan documents.
• Development of the property, to a degree that open space values would be significantly
compromised, is imminent.
• The subject roperty is the only remaining, or one of a very few remaining opportunities
to protect open space of its kind
• Preservation would provide unique educational opportunities
• The project sets positive precedent for open space preservation values and objectives, and
may motivate other landowners to consider preservation alternatives.
• There is wide- spread community support for the project.
• The project has significant benefit on a regional or state -wide basis.
• The property is not negatively encumbered by mineral rights, rights of way or easements.
• The long term cost of maintaining and /or monitoring the land is expected to be
reasonably low.
B. Factors Weighing Against Land Protection including but not limited to:
• The cost to the County is not reasonable.
• Land or development rights acquisition would be in conflict with the intent and purposes
of applicable Eagle County Master Plan documents.
• There is not an urgent need for preservation at this time, as development that would result
in open space values being significantly compromised is improbable.
• The property is significantly burdened by environmental hazards (chemicals or other
waste or refuse.
• There is significant public opposition to the transaction.
• Mineral rights, rights of way or easements place the property at risk for future resource
extraction or other improvements that would diminish open space values.
• The project sets negative precedent relative to open space preservation initiatives and
values.
• The long term cost of maintaining and /or monitoring the land is expected to be
unreasonably high.
9
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Summary of Criteria - Weighted Rezions
For Lands within Historic Agriculture and Ranching Use Areas:
Points
Criteria and weight factor High Med Low
Regional Heritage, Agriculture [0] 12 6 3
Scenic Landscapes and Vistas [0] 12 6 3
Wildlife, Wildlife Habitat [0] 12 6 3
Sensitive Lands and Environments [0] 12 6 3
Access, Dispersed Recreation [x2] 8 4 2
Physical and Visual Buffers [XI] 4 2 1
For Lands within Development Corridors:
Points
Criteria and weight factor High Med Low
Scenic Landscapes and Vistas [x3] 12 6 3
Regional Heritage, Agriculture [0] 12 6 3
Wildlife, Wildlife Habitat [0] 12 6 3
Physical and Visual Buffers [0] 12 6 3
Sensitive Lands and Environments [0] 12 6 3
Access, Dispersed Recreation [0] 12 6 3
For Lands within Upland Watersheds:
Poi nts
Criteria and weight factor High Med Low
Sensitive Lands and Environments [0] 12 6 3
Wildlife, Wildlife Habitat [0] 12 6 3
Scenic Landscapes and Vistas [x2] 8 4 2
Regional Heritage, Agriculture [x2] 8 4 2
Physical and Visual Buffers [x1] 4 2 1
Access, Dispersed Recreation [XI] 4 2 1
10
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l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Vail Local Licensing Authority (LLA) Applicant Interview.
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Please interview the Local Licensing Authority (LLA)
applicant to fill one (1) vacancy at the work session and appoint one person to the LLA board
at the evening meeting (two year term, expires May 31, 2011.)
BACKGROUND: All applicants to the LLA must be citizens of the United States, qualified
electors of the Town of Vail, and have resided in the Town of Vail for not less than two years
preceding appointment, and shall have no direct financial interest in any license to sell
alcoholic beverages or any location having any such license. Duties of the five - member board
include review of all Town of Vail liquor license applications. There is currently one vacancy
on the LLA. The Town received one (1) application for the vacancy. The Council needs to
interview the applicant at the work session and then make the appointment to the LLA at the
evening meeting. The applicant is Jill Landman Alfond.
STAFF RECOMMENDATION: Please interview the Local Licensing Authority (LLA) applicant
to fill one (1) vacancy at the work session and appoint one person to the LLA board at the
evening meeting (two year term, expires May 31, 2011.)
ATTACHMENTS:
Jill Alfond Letter of Interest
\n 6/2/2009 \n
(5/28/2009) L orelei Don aldson - Liquor Licensing Authority Page 1
From: Jill Landman Affond <jiilalfond @mac.com>
To: Cldonaldson @vailgov.com3
Date: 5/27/2009 3:20 PM
Subject: Liquor Licensing Authority
I am writing to you to put my name into consideration for the Town of
Vail Liquor Licensing Authority. I am a 17 -year resident of the Vail
Valley, the last 8 of which I have been a Vail resident.
As my family and I continue to enjoy life in the mountains. I feel a
sense of responsibility to this beautifull town that I am fortunate
enough to call home. I would very much like to give my time back to a
town that I feel has given so much to me, my husband, and our
children. While, like many others, we were tempted (far a short time)
to move down valley, ultimately we decided that we moved to Vail to
live in Vail and to support Vail with our time and talents seem like
the right thing to do for our family.
My husband and I were involved in the ownership of Ray's Restaurant
(no longer in operation) in Edwards, and like most people who have
spent time in Vail, I have worked in numerous restaurants and bars —
I feel like this knowledge of the industry as both an owner, an
employee and a consumer and I feel I could quite nicely put all of the
experience together working toward responsible oversight of liquor
licensing and consumption.
I also have another vantage point which makes me interested in this
position; that is on the special events side. I have planned special
events for over 13 years locally, including for the resort,
indepentently, and on behalf of several non - profit entities. I know
from the event side that a tremendous amount of planning goes into
making these productions successful, and I think all the special
events which occur in town, from small scale to large -scale are
valuable to help secure Vail's position as the premier mountain
cammunity --I see responsible stewardship of these events, especially
partaining to liquor licensing, as a key to Vail's long -term strategy
to continue to attract and maintain guest visits throughout the year.
Thank you for your consideration.
Kind regards,
,Jill Landman Alfond
Dear Lorelei,.
Help!
We recently moved so 1 am not sure- which address is on file with the town (and I will get this taken
care of right away, if I haven't already)
My address WAS 950 Red Sandstone Rd #28 Vail CO 81657- -new address is 1345 Westhaven Circle
Vail, CO 81657
970.376.5860 -- my apologies, I just realized that I used no letterhead when I sent that.
Thanks,
Jail I
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l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: PEC /DRB Update
PRESENTER(S): Warren Campbell
ATTACHMENTS:
May 20, 2009 DRB Meeting Results
May 25, 2009 PEC Meeting - Cancelled
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DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
it
May 20, 2009
OHE � Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 2:00pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas Libby Plante
Tom DuBois
Pete Dunning
Brian Gillette
SITE VISITS 2:30pm
None
PUBLIC HEARING — TOWN COUNCIL CHAMBERS 3:00pm
1. Illig Residence DRB090085 Bill
Final review of a minor exterior alteration (driveway, landscaping, patio, hot tub)
796 -98 West Forest Road /Lot 13, Block 1, Vail Village Filing 5
Applicant: Cliff Illig, represented by Beth Levine
ACTION: Approved
MOTION: DuBois SECOND: Dantas VOTE: 4-0-0
2. Oliver Residence DRB090086 Bill
Final review of an addition (kitchen, bedroom, garage, entry)
3977 Lupine Drive /Lot 1 -A, Block 1, Bighorn 1st Addition
Applicant: Charles Oliver, represented by TAB Associates
ACTION: Approved
MOTION: DuBois SECOND: Dantas VOTE: 4 -0 -0
3. Rojas Residence DRB090105 Bill
Final review of an addition (bedrooms)
100 East Meadow Drive, Units 25 & 26 /Block 5D, Vail Village Filing 1
Applicant: Fritzlen Pierce Architects
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 4 -0 -0
STAFF APPROVALS
Mahoney Residence DRB090028 Bill
Final review of a minor exterior alteration (dormer, windows)
433 Gore Creek Drive /Lot 15, Block 4, Vail Village Filing 1
Applicant: Noelle & Mark Mahoney, represented by Steven James Riden Architects
\n Page 1 6/2/2009 \n
3 -1 -1 \n
Arrabelle DRB090065 Nicole
Final review of changes to approved plans (awnings)
675 Lionshead Place /Lot 2, Block 1, Vail Lionshead Filing 3
Applicant: Vail Corp, represented by Kyle Griffith
Froning Residence DRB090067 Bill
Final review of a minor exterior alteration (grading, entry)
2754 South Frontage Road West, Unit B /Lot B1, Stephens Subdivision
Applicant: Tom & Margaret Froning, represented by Beth Levine
Yarde Residence DRB090071 Rachel
Final review of changes to approved plans (retaining walls, windows, guard)
1895 Meadow Ridge Road /Lot 17, Buffehr Creek Resubdivision
Applicant: Craig Yarde, represented by KH Webb Architects
Vail Golf Course DRB090076 Bill
Final review of changes to approved plans (grading)
1778 Sunburst Drive /Lot 3, Sunburst Filing 3
Applicant: Vail Recreation District
Kinney Residence DRB090080 Bill
Changes to approved plans (extend wall under deck)
5164 Main Gore Drive South /Lot 13, Vail Meadows Filing 1
Applicant: Chas Bernhardt
Northwoods Condominiums DRB090083 Nicole
Final review of a minor exterior alteration (garage door, roof)
600 Vail Valley Drive, Building A /Unplatted
Applicant: Northwoods Condominiums, represented by Fritzlen Pierce Architects
Ottley Residence DRB090084 Nicole
Final review of a minor exterior alteration (awning, stairs)
2902 Bellflower Drive, Lot 1, Block 8, Vail Intermountain
Applicant: Dudley Ottley
Golden Peak Plaza DRB090087 Nicole
Final review of a minor exterior alteration (sidewalk)
458 Vail Valley Drive /Tract F, Vail Village Filing 5
Applicant: Vail Resorts
Illig Residence DRB090089 Jen
Final approval of a minor exterior alteration (landscaping)
796 West Forest Road /Lot 13, Block 1, Vail Village Filing 5
Applicant: Clifford Illig
Pinos Del Norte DRB090090 Nicole
Final approval of a minor exterior alteration (pavers, sidewalk, patio)
600 Vail Valley Drive /Tract A, Vail Village Filing 7
Applicant: Pinos Del Norte, represented by Fritzlen Pierce Architects
\n Page 2 6/2/2009 \n
3 -1 -2 \n
Vail Heights Condominiums DRB090091 Warren
Final review of a minor exterior alteration (re- paint)
2099 Chamonix Lane /Lot 14, Vail Heights
Applicant: Vail Heights Condominiums, represented by Al Dunaj
Garrett Residence DRB090092 Bill
Final review of a minor exterior alteration (re -roof, siding)
2665 Larkspur Lane /Lot 7, Block 2, Vail Intermountain
Applicant: Stephen & Debra Garrett, represented by Nedbo Construction
Ritzke Residence DRB090093 Jen
Final review of a minor exterior alteration (landscaping)
4074 Bighorn Road, West Unit/Lot 3, Bighorn Subdivision
Applicant: Greg Ritzke
Ritz - Carlton Hotel DRB090095 Warren
Final review of changes to approved plans (screening, landscaping)
728 West Lionshead Circle /Lot A, Morcus Subdivision
Applicant: Vail Resorts
Solaris DRB090096 Rachel
Final review of a sign (temporary site development sign)
143 East Meadow Drive /Lot P, Block 5D, Vail Village Filing 1
Applicant: Solaris Property Owner LLC
Mad Jack Trust Residence DRB090099 Rachel
Final review of a minor exterior alteration (driveway)
1067 and 1119 Ptarmigan Road /Lots 5 & 6, Tract D, Vail Village Filing 7
Applicant: Sharla Nelson
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479 -2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356,
Telephone for the Hearing Impaired, for information.
\n Page 3 6/2/2009 \n
3 -1 -3\n
PLANNING AND ENVIRONMENTAL COMMISSION
May 25, 2009
1:OOpm
TOWNOVAI
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
Meeting Cancelled - Holiday
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479 -2138 for additional
information.
Sign language interpretation is available upon request with 24 -hour notification. Please call (970)
479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published May 22, 2009, in the Vail Daily.
\n Page 1 6/2/2009 \n
3 -2 -1 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Recap of Premier Impressions Program.
PRESENTER(S): Richard tenBraak
\n 6/2/2009 \n
^j
Ak i
VCBA
The Vail Chamber 6 Business Association
241 South Frontage Road East Suite 2 • Vail • Colorado 81657
Friday, April, 24, 2009
Dick Cleveland, Mayor, Town of Vail
Town of Vail
75 S. Frontage Road
Vail, CO 81657
Dear Dick:
The VCBA would like to express its gratitude to the Town of Vail for its $13,500 contribution and your
overall support of the Premier Impressions program Thanks to you also for drawing the grand prize
winners live on TV! As you know, we decided to put additional money in to employee awards instead of
an end -of -season party this year. We had an impressive line up of prizes from: Aalta Sports, Billy's
Island Grill, Blue Moose Pizza Vail, Colorado Footwear, CosBar, La Tour, Mountain Adventure Center,
National Velvet Dry Cleaners, Rocky Mountain Chocolate Factory, Roxy, Sweet Basil, West Vail Shell,
Vail Sports, Stockli Skis, the Vail Chophouse, Vail Recreation District, Vail Resorts, Vail Ski/Bike Tech
and the Vail Chamber & Business Association. And thanks to our major sponsors: The Town of Vail,
Vail Resorts, the VCBA, Vail Daily and Plum TV!
The program was a big success and the award winners were ecstatic with their prizes and balloons! We
take pleasure in working closely with our member businesses and therefore appreciate your involvement
in events such as this that benefit the community and reward those who excel in customer service. Your
donation helped us reward employees for their hard work and helped to further excellent service
throughout Vail.
Thanks once again for your very generous contribution to this great program!
Best Regards,
Richard tenBraak
Executive Director
(T) 970.477.0075 (F) 970.477.0079 (W) www.vekhamber.org
Cr* Cohn • Lourdes Fer zacce - Mike Glass • Brian Nolan • Steve Rosenthal Bill Suarez • Susie TJossem • Joe Walker • Ron Weinstein • Paul Wible
L1,):3
Premier Impressions
Excellence in �4
Cust omer S erv i ce
VCBA
The Premier Impressions program seeks to reward employees who provide exceptional service and create an
unforgettable experience for guests. Your nomination rewards employees for their hard work throughout Vail.
�
.� R � or
�w
Chris Kearney- One Track Mind won a Claude Rocha - Vail Village Tcket Scan Horgus - Hairs 2 Vail won a 400 dollar dine Justin Henderson- Colorado Sk'
golf pass from Vail Recreation District, won a gift card to Billy's Island Grill, around to Vail Chophouse/Blue Moose Pizza,
Museum won a gift car to La Tour
La Tour, Billy's Island Grill
Y
1
➢w.. i. 750`
1
I , ry
Jan Idzikowski- Vail Summit Orthopedics Micheal Nelson - Vail Marriott won $750 Scott Poupore - Eye Pieces won the
won a gift card to the Vail Chophouse, cash from the VCBA. Grand Prize trip to Mexico from the VCBA
AL
VCBA
The Vail Chamber & Business Association
241 South Frontage Road East Suite 2 • Vail • Colorado 81657
Vail Chamber & Business Association
Premier Impressions Overview Winter 2009
8 years ago, The Vail Chamber & Business Association created the Premier Impressions
program in order to reward the local employees of Vail for providing service above and
beyond the expectations of our guest. It is that type of service that makes Vail a World
Class Resort.
The Premier Impressions program started in December of 2008 and ran through the end
of March 2009. Each month starting in February, the VCBA awarded employees for
their efforts, the same was done for March. The monthly awards consisted of gift
certificates equaling $50 in value from various local businesses. At the end of the winter
program, 15 Grand Prize awards were awarded to employees out of the entire amount of
nominated persons. The prizes ranged from a $1,500 Mexican Vacation, (2) $750 Cash
Prizes, Ski's, Snowboards, Mountain Bikes, a Fly Fishing Set -up, (2) season Ski passes,
Vail Rec District Passes, and a $400 dine around.
Sponsors
Town of Vail, Vail Resorts
Aalta Sports, Billy's Island Grill, Blue Moose Pizza Vail, Colorado Footwear, La Tour,
National Velvet Dry Cleaners, Rocky Mountain Chocolate Factory, Roxy, Stockli Skis,
Sweet Basil, The Cos Bar, Vail Chophouse, Vail Ski/Bike Tech, Vail Rec District/ Vail
Golf Course, Vail Sports, Vail Resorts, West Vail Shell, Plum T.V.
Media Placement
The Premier Impressions program was promoted heavily through the efforts of the
VCBA, with press releases and through their weekly E -News Update, which goes out to
over 650 businesses in Vail.
Premier Impressions received (4) articles in the Vail Daily.
The top six winners of the Grand Prizes were announced live on Plum T.V. during (3)
four minute live segments.
The VCBA placed a full page color ad for Grand Prize Winners, a half page color ad with
photos of winners, (4) '/ page color ads for nomination forms and (2) 1/3 page ads for
monthly winners.
VCBA
The Vail Chamber & Business Association
241 South Frontage Road East Suite 2 • Vail • Colorado 81657
Testimonials
"The #1 ski resort in North America doesn't just become as such overnight. Being #1 is
derived over time by many components, but none more influential than the people that
make Vail happen. Without quality front -line staff in lodging, hospitality, restaurant, and
retail services, Vail would never attain its 1.6 million visitor's year over year. It is our
employees that provide exceptional service and really help "wow" the guest. This "wow ",
factor in turn creates a positive word of mouth enhancing experience that keeps guests
returning year over year while drawing new visitors to the resort. Additionally, the
service experience becomes contagious among the employees in a friendly and
competitive way. As a board member of the Vail Chamber & Business Association, I am
pleased to be a part of a world -class employee recognition program— Premier
Impressions. This program seeks to reward employees who provide this exceptional
service and create an unforgettable experience for the guests. Our company has
numerous stores in Vail, and I'm proud to say that several of our employees have been
recognized year over year. Having a program like this keeps the employees motivated,
positively rewards them for their efforts, while most importantly, improves employee
retention, and keeps the guests happy and coming back ... It's a win -win for everyone."
Joe Walker
Director of Mountain Operations
Specialty Sports Venture
About Cindy Jones of The Moose's Caboose, "Cindy gave complete individualized
service and spent a lot of time to assist me in my purchase. As a result of the total
courtesy and professionalism extended to me, I returned 3 times for additional purchases.
I will be returning on my next visit to Vail. Thank you." Not only did this guest have a
good experience while she was here, but went back to that store 3 more times before
returning home. This guest has already said she is coming back to Vail in the future. The
efforts of Cindy are the reason why this guest will come back to our town which will
benefit the lodges, restaurants and retailers. Anne was not the only person to write to us
about great customer service. We got responses for many different guests about all
different types of businesses here in Vail.
Anne Harris, Florida
Premier Impressions
2009 Grand Prize List ,
Prize Value Donated by Winners & Location
1 Cruise / Trip for 2 $1,500.00 VCBA & ToV Scott Poupore -Eye Pieces
2 Cash $750.00 VCBA & ToV Andrea Pueyrredon -Two Elk Lodge
3 Cash $750.00 VCBA & ToV Michael Nelson- Vail Marriott
4 Stockli Skis $1,150.00 Stockli - Bruce Bowlen Liz Klinga - Lionshead Ticket Office
5 Trek Mtn Bike - His $650.00 Specialty Sports Ventures - Joe Walker Jeff Andrews -Vail Spa
6 Trek Mtn Bike - Hers $650.00 Specialty Sports Ventures - Joe Walker Andres Vargas Lopez -Vail Marriott
7 Salomon Riot 156 $400.00 Mountain Adventure Center - Clarke Shannon Best- Vail Marriott
8 Sage Fly Fishing set up $550.00 Specialty Sports Ventures - Joe Walker Mariel Morency - Billabong
9 K2 Extreme Skis $600.00 Vail Ski / Bike Tech - Craig Arford Sofia Trejos Corales- Charlies T -Shirts
10 Forum Youngblood Snowboard $359.00 Specialty Sports Ventures - Joe Walker Sandra Burner -Vail Kids Ski School
11 Colorado Ski Pass $450.00 Vail Resorts - Chris Jarnot Jason Noakes -Burton
12 Vail Rec. Golf Punch Card (10) $450.00 Vail Rec Dist. - Alice Plaine Chris Kearney- One Track Mind
13 Colorado Ski Pass $450.00 Vail Resorts - Chris Jarnot Cindy Jones- The Moose's Caboose
14 Vail Rec. Tennis Pass $150.00 Vail Rec Dist. - Bob Seward Sam Tuttle - Sonnenalp
15 Dine Around $400.00 Vail Chop House /Blue Moose /La Tour/Billy's IE Hor us- Hairs 2 Vail
Total - Grand Prizes 1 $9,259.00
$50.00 Nominee Gift Certificates_
Prize Value Donated by Winners & Location
1 Roxy $50.00 Roxy, Ron Shannon Best- Vail Marriott
2 Roxy $50.00 Roxy, Ron Meghan Francisco- Vail Marriott
3 Billy's Island Grill $50.00 Billy's Island Grill, Bill Bob Booth- RK Mechanical
4 Billy's Island Grill $50.00 Billy's Island Grill, Bill
5 Billy's Island Grill $50.00 Billy's Island Grill, Bill Jeff Medeiros- Vail Village Ticket
6 Billy's Island Grill $50.00 Billy's Island Grill, Bill Chris Kearney - One Track Mind
7 Billy's Island Grill $50.00 Billy's Island Grill, Bill Brian Kinzler- Golden Peak Ticket Office
8 Billy's Island Grill $50.00 Billy's Island Grill, Bill Claude Rocha- Vail Village Ticket Scanner
9 La Tour $50.00 La Tour, Lourdes Justin Henderson- Colorado Ski Museum
10 La Tour $50.00 La Tour, Lourdes Marc Keleske- Chicago Pizza
11 La Tour $50.00 La Tour, Lourdes
12 La Tour $50.00 La Tour, Lourdes Benita Matthies- TOV Bus
13 La Tour $50.00 La Tour, Lourdes Horgas- Hairs 2 Vail
14 La Tour $50.00 La Tour, Lourdes Andres Vargas Lopez- Vail Marriott
15 La Tour $50.00 La Tour, Lourdes Erin Priest- Patagonia
16 La Tour $50.00 La Tour, Lourdes
17 Colorado Footwear $50.00 Colorado Footwear, Steve Sofia Trejos Corales
18 Colorado Footwear $50.00 Colorado Footwear, Steve Cindy Jones - Moose's Caboose
19 National Velvet/Shell Gas $50.00 National Velvet/ Shell Gas Alan Branholtz - Golden Peak Ski School
20 National Velvet/Shell Gas $50.00 National Velvet/ Shell Gas Scott Poupore- Eye Pieces
21 National Velvet/Shell Gas $50.00 National Velvet/ Shell Gas
22 National Velvet/Shell Gas $50.00 National Velvet/ Shell Gas Liz Klinga -Vail Resorts Lionshead, Feb winner
23 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Maggie Latos- Rimini
24 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Michael Nelson- Vail Marriott
25 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Jan Idzikowski - Vail Summit Orthopedics
26 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Jesus Pacheco- Vail Marriott
27 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Robert Mathews Winner from last year, card didn't work.
28 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Al Pachmayer- Colorado Ski Museum
29 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Ray Sforzo- Vail Village Snowboard Instructor
30 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose John Church - Vail Ski Patrol
A
4
31 Vail Chophouse/ Blue Moose $50.00 Vail Chophouse /Blue Moose Sam Tuttle- Sonnenalp
32 Sweet Basil $25.00 Sweet Basil Patty Wall -Vail Kids Ski School
33 Sweet Basil $25.00 Sweet Basil Sandra Burner -Vail Kids Ski School
34 Sweet Basil $25.00 Sweet Basil Abdrea Obando - Arriesgado
35 SSV $25.00 SSV Lisa Cotter -Vail Kid's Ski School
36 SSV $25.00 SSV Collen Roach- Lionshead Ticket Office
37 SSV $25.00 SSV Zach Bankhead- Lionshead Rentals
38 SSV $25.00 SSV Jeff Andrews -Vail Spa
39 SSV $25.00 SSV Mariel Morency - Billabong
40 SSV $25.00 SSV Dean Scontras - Golden Peak Ticket Office
41 Rocky Mountain Chocolate $25.00 Rocky Mountain Chocolate Diego- Ice Rink
42 Rocky Mountain Chocolate $25.00 Rocky Mountain Chocolate Cassandra Newburg- Shirt off my back
43 Aalta $25.00 Aalta Krisy Cureau- TOV Police
44 Aalta $25.00 Aalta Jason Noakes -Burton Store
45 Aalta $25.00 Aalta Joe Walker -SSV
46 Aalta $25.00 Aalta Colby Knox- Moose's Caboose
Total - Nominees Certificates 1 $2,375.00
Misc. Expenses
Helium Tank $130.00
Balloons & String $15.00
Flyers $125.00
Flyer Holders $300.00
Advertising & Public Relations $3,500.00
Misc Supplies $25.00
Total - Misc. Expenses 1 $4,095.00
Grand Totals $15,729.00
i
Articles from the Vail Daily,
Still time to participate in Vail's Premier Impressions program
Lourdes Ferzacca
Vail, CO, Colorado
January 30` 2009
Premier Impressions, Vail's only employee recognition program, is off and running but
there's still plenty of time to participate!
Now in its eighth year, the program received the City - County Communications and
Marketing Association award in 2002 in the service delivery category and it hasn't
slowed down since.
The award was presented to the town of Vail and its partner sponsors, the Vail Chamber
and Business Association and Vail Resorts, for an inventive, collaborative effort in
acknowledging excellence in customer service. Competition judges said Premier
Impressions does an excellent job of "putting practical solutions in place, supports it with
training and measurable standards and enhances it with a reward system for outstanding
employees."
For a tourist town that lives and dies on customer service, judges listed the Premier
Impressions program as an "impressive strategy" to improve Vail's customer service.
Premier Impressions rewards excellence in customer service in several ways, but here are
a few criteria. You must work for a Vail business, provide excellence in customer service
and be nominated by your employer, a fellow employee or a guest who fills out a form
outlining your performance. The nominations are available to all employees of Vail
businesses including town and Vail Resorts employees.
Front -line employees whose nominations meet the criteria are acknowledged each month
with a $25 gift card from various businesses and a certificate acknowledging their
service. At the beginning of each month, all nominees from the previous month are listed
in an ad in the Vail Daily. Their names are also included for the drawings at the season's -
end party celebrating and recognizing their achievements.
Since its inception, hundreds of our front line employees have been honored with a
variety of rewards — cruises, cash, ski passes, parking passes, gift certificates and more.
As with last year, this year's grand prize winner will be awarded a check for $500.
New last year was a bonus for employers. Any employer of a nominated employee will
have their name included in a drawing for a 2009 -10 merchant ski pass.
Customer service is a critical component to our guests' vacation experience and Premier
Impressions has proven that our focus in the community on customer service has both
intrinsic and economic rewards to those businesses that provide exceptional service.
Vail's employees are the backbone of our economy and the customer service they
provide helps guests decide if they'll return.
So when you're out and about in Vail, and one of our employees goes out of his or her
way to make your experience special, please take the time to fill out one of the forms. It's
our special way of saying thanks to employees who interact daily with our customers and
truly define that experience for most of the guests that visit our community.
Forms are available at most businesses, the town offices, information booths, the Vail
Chamber & Business Association office, in the Vail Daily on Fridays and on line at
www.vailchamber.org. All employees working in the town of Vail are eligible and
nominations are accepted from guests, employers and residents. For any further questions
or to receive nomination forms, call the chamber office at 970- 477 -0075.
Lourdes Ferzacca is president of the Vail Chamber & Business Association Board of
Directors. She and her husband, Paul, own LaTour in Vail and ZaccaZa in Avon.
Vail's Premier Impressions programs helps create guests for life
Training, then rewarding employees pays off in satisfied guests
Joe Walker
Vail, CO, Colorado
February 27, 2009
During the winter months, Vail receives more than 1.6 million visitors, transforming it
from a quiet mountain town to one of the top ski resorts in the world.
Thousands of employees from all over the world come to Vail during the ski season to
help provide these visitors with extraordinary service in every arena, from lodging to
hospitality, restaurant and retail service. These businesses and their employees work
extremely hard to help create the world class environment our guests will return to year
after year.
In conjunction with the town of Vail and Vail Resorts, the Vail Chamber & Business
Association is once again running the Premier Impressions program for the 2009 winter
season.
The Premier Impressions program seeks to reward outstanding employees who deliver
extraordinary service and create an unforgettable experience for our guests. What does
this service look like? It is simply providing the extra effort to make our guests feel
j
welcome, comfortable and valued that makes the difference.
It is being emotionally engaged with our guests and providing the personal touch of
friendliness and assistance whenever needed. It is a kind greeting and a sincere thank you
of appreciation for the opportunity to serve them These are some examples of what we
all work towards in continuing to make Vail a world class resort.
Premier Impressions was designed to reward our town employees for anticipating our
guests' needs and taking the extra steps to wow them. Whether you are a business
owner /manager or a guest, take the time to nominate someone you know who has gone
out of their way to provide great customer service.
The Premier Impressions guest service program is absolutely contagious, so go ahead and
return the favor to an employee who was exceptional!
Premier Impressions pamphlets can be found at most lodging, hospitality, restaurant and
retail businesses in Vail. Please fill them out completely. Any employee working in Vail
is eligible to be nominated. Recipients are chosen monthly and will receive a $25 gift
certificate, compliments of the Vail Chamber & Business Association, the town of Vail
and Vail Resorts. Each of the winners and their businesses will also receive recognition
in the Vail Daily.
The chamber will be announcing plans for the annual end -of -season party in the near
future. That party features food, fun and fabulous prizes. Nominations can also be sent to
info @vailchamber.org or by phone to 970- 477 -0075. The program ends March 31, so get
your nominations in soon and let us know who is creating guests for life in Vail!
Joe Walker is the Director of Mountain Operations for Specialty Sports Ventures and is a
member of the Vail Chamber & Business Association Board of Directors.
Customers reward Vail workers
More than $10,000 in prizes will go to Vail employees who provide excellent service
Melanie Wong
mwong @vaildaily.com
Vail, CO Colorado
April 9, 2009
VAIL, Colorado — When customers walk into Lionshead's One Track Mind in Vail,
Colorado, Chris Kearney is there to greet them with a smile, and even offer advice on
places to eat and where to ski on the mountain.
"I believe customer service is the most important thing," said Kearney, the store's
assistant manager. "People aren't going to buy anything unless they're happy to be here.
It's not like they're going to the grocery store to buy milk. We're selling fun."
Kearney was one of many local employees recognized by the Vail Chamber and Business
Association for excellent customer service.
As part of it's Premier Impressions program, customers can report their experiences to
the chamber via e-mail or by filling out feedback pamphlets available at many stores,
restaurants and lodges.
Kearney's customers wrote that they appreciated getting dining and mountain advice
from a local, that he was "calm and cool when all nine of us went in," and that he "got us
on the mountain in no time."
From the feedback, the chamber will present employees with gift certificates for local
stores, restaurants, ski tunes and even groceries. All the recognized employees are
entered into the end -of -the- season prize drawing, in which the chamber will give away
skis, snowboards, mountain bikes and other sports equipment, as well as a grand prize,
all- inclusive vacation to Cozumel.
The grand prizewinners will be announced on Plum TV Channel 16 on Monday.
The rewards program has been going for more than a decade. However, this year more
than ever, the Chamber said it wants to encourage employees and businesses to give
customers the best experience possible.
"What we tell businesses is that when times get difficult, control what you can control —
and the first thing is customer service," said Jason Peters, communications manager for
the chamber. "That's how a lot of these guys have stayed in business as long as they
have. Year in and year out people come to Vail, and they recognize these employees.
They get good customer service, and they come back."
One Track Mind manager Valerie Lukach also agreed that while the store has always
focused on customers, she's found that customers are looking for more value.
"More customers are being educated consumers this year," she said.
So in addition to being friendly, Lukach said the store's employees aim to be
knowledgeable and on -hand to answer all the questions.
Ghiqui Hoffinann, owner of Vail Village's Laughing Monkey, also said she is focusing
on customer service now more than ever.
"Every customer who comes in is helping us survive, and I let them know it means a lot,"
she said. "We want to make people feel comfortable and welcome so that whether or not
they buy something, they'll remember they had a good experience and maybe come back
next time.
Hoffinann said she and her employees always make sure to be friendly and helpful —
and that includes giving people aspirin, offering restaurant recommendations, throwing
people's trash away and even fixing eyeglasses.
"We do it all," she said.
Staff Writer Melanie Wong can be reached at 970- 748 -2928 or mwong @vaildaily.com
Vail Chamber: Visitors toast our employees
Guests have great things to say about Vail's best employees
Rich tenBraak
Vail, CO Colorado
April 17, 2009
VAIL, Colorado — Last Monday, the Vail Chamber & Business Association completed
the winter session of the Premier Impressions rewards program by announcing the
winners of the grand prizes live on Plum TV.
Obviously it was great seeing the reactions of folks who found out they were nominated,
as well the ones who won a grand prize. But what was equally impressive were the
comments made by the guests who nominated the winners.
These guests. were the primary focus of our program. Even though it's the employees
who are being rewarded, the guests are the reason we work in Vail. Anne Harris of
Florida wrote us about Cindy Jones of The Moose's Caboose: "Cindy gave complete
individualized service and spent a lot of time to assist me in my purchase. As a result of
the total courtesy and professionalism extended to me, I returned three times for
additional purchases. I will be returning on my next visit to Vail. Thank you."
Not only did this guest have a good experience while she was here, but she went back to
that store three more times and said she is coming back to Vail. The efforts of Cindy are
the reason why this guest will come back to our town, which will benefit the lodges,
restaurants and retailers.
Anne was not the only person to write to us about great customer service. We got
responses for many different guests about all different types of businesses here in Vail.
Again, congratulations to all nominees and respective places of business. It is great to
hear these stories and know that even in a down economy we can still provide customer
service that will keep our guests coming back year after year. It is one of the few things
that we can control with our businesses. I would like to thank the town of Vail and Vail
Resorts for sponsoring our program, as well as all of the businesses that added their
support.
L
The Vail Chamber & Business Association is the leading business advocacy group for
businesses in Vail. The chamber is a communications outlet for businesses that need to
have a voice. We also organize three events in the summer that take place in the three
main sections of Vail. For information about how your business can become involved
with the chamber, please call 970- 477 -0075 or e-mail us at info @vailchamber.org. Based
in Vail Village, our office is located in the transportation center. Our doors are open
Monday through Friday from 9 a.m. — 5 p.m. Feel free to stop in and say hi.
Rich tenBraak is the executive director of the Vail Chamber & Business Association. He
can be reached at 970 -477 -005 or at Richardt @vailchamber.org.
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: LionsHead Transit Center Update.
PRESENTER(S): Tom Kassmel / Greg Hall
ACTION REQUESTED OF COUNCIL: Listen and confirm actions.
BACKGROUND: The Vail Reinvestment Authority has entered into a contract with 4240
Architecture design team to study the feasibility of construction of a transit center in the
Lionshead area. Staff and the design team have begun the project and will update the Council
with a review of past planning efforts, the needs, givens, goals, measurable criteria, summary
of the informational gathering charettes and next steps.
STAFF RECOMMENDATION: Listen and confirm actions.
ATTACHMENTS:
Memo
\n 6/2/2009 \n
MEMORANDUM
TO: The Vail Reinvestment Authority
FROM: Tom Kassmel, Public Works Department
DATE: June 2n 2009
SUBJECT: An update on the Lionshead Transit Center Feasibility Study
I. SUMMARY
The Vail Reinvestment Authority (VRA), in conjunction with the Town of Vail, is in
the process of studying the feasibility of constructing a Lionshead Transit Center
in response to past planning efforts including the Lionshead Master Plan (1998),
A Report on the Recommendation of a Preferred Site for the Town of Vail Transit
Center (2005), the Lionshead Transit Center White Paper (2008), Vail 20/20
(2007), and the Vail Transportation Master Plan (2009). The VRA has contracted
with the 4240 Architecture Team and has recently kicked -off the project with an
informational gathering charette with multiple stakeholder groups.
As a result of the charettes, hosted on May 20 and the previous planning efforts
the town staff and design team have developed the givens and goals for the
project to measure the feasibility of future concepts.
Staff will present an overview of the project including a review of past planning
efforts, the needs, the givens, the goals, the measurable criteria, summary
highlights of the charettes, and next steps.
Progress of project will be tracked on the Town of Vail website at
http : / /www.vailgov.com /subpage.asp ?page id =916
BACKGROUND AND NEEDS REVIEW
The most recent planning efforts specific to the Lionshead Transit Center as
mentioned above are available for review on -line on the Town of Vail website at
http : / /www.vailgov.com /subpage.asp ?page id =893
In general the reports discuss the future redevelopment of Lionshead and the
need for a Lionshead Transit Center to facilitate transit needs to the Lionshead
area that is continuously expanding with residential, commercial, and employee
uses. The need for this improvement is justified by the following:
• The need and desire to provide & promote a World Class level of transit
service & use for our residence and guests
• The need to provide a high level of transit service to a dense area of activity
within Vail, which is expected to grow in unit density by -230%
• The need to enhance the existing transit facilities which are inadequate with
respect to size, location, and amenities (i.e. shelter, restrooms, etc...)
• The need to better accommodate Regional Transit Needs in Lionshead
\n 6/2/2009 \n
5 -1 -1 \n
• The need for an enhanced Skier Drop -off (Vehicle &Shuttle)
• The need to relieve the VTRC of transit related demands (Bus capacity,
driver break areas)
• The need to promote Transit & Transit Oriented Dev. (TOD) as a key to the
success of Vail
• A Transit Center will provide the opportunity for Bus Route efficiencies
• A Transit Center will provide the opportunity to create World Class entrance
portal(s) to Lionshead
PROJECT TIMING
After more than a decade of planning and recognition of the need for a
Lionshead Transit Center, the time for the completion of this project has come.
Vail is internationally recognized as a leader amongst resort towns: in its level of
guest experience, in its use of free public transportation and in its walkability.
This high level of guest experience may be in jeopardy if current transit
conditions are not thoroughly assessed and addressed. The momentum created
from growing ridership may soon exceed the capacity of the current transit
system affecting the guest experience in a negative manner. This momentum is
created both internally, through multiple developments that will soon come on
line or are in various stages of design, and externally, through ECO transit, which
is trending higher ridership volumes. The full impact of the first phase of " Vail's
Billion Dollar Redevelopment' may be seen by the end of 2010 with 3 of the
largest developments coming back on line, not only re- instating existing uses but
also significantly increasing density (Four Seasons, Solaris, & the Ritz Carlton).
The proposed Lionshead Transit Center will alleviate some issues of capacity by
providing a better functioning and more efficient point of transition within
Lionshead, while also alleviating pressure on the over - capacity Vail
Transportation Center (VTC).
Secondly, federal money is currently available that has been designated towards
enhancing the Lionshead transit facilities. The terms for this money are "use it or
lose it ". Other areas have some potential for redevelopment but Lionshead offers
the most concentrated value available for the money being spent. Here, multiple
issues, already identified in the master plan, can be resolved at a well defined,
strategic area of influence.
Thirdly, smart growth initiatives and projects such as Ever Vail and recently
adopted town policies related to sustainable practice are refining Vail's
sustainable mantra which continues to grow in influence. This project will be a
milestone in the town's continued commitment to sustainable growth, by
facilitating Transit Oriented Development (TOD), a key element of Vail's overall
success, and will only enhance its portfolio of sustainable initiatives.
PROJECT GIVENS, GOALS, & MEASURABLE CRITERIA
As the project moves forward and various concept solutions are evaluated, the
context of the process, commitment to address issues, and measures of success
\n 6/2/2009 \n
5 -1 -2 \n
of various alternatives, are performed using a set of project Givens, Goals, and
Measurable Criteria.
Givens: Non - negotiable process and outcomes for the project
• Council acting as both the Vail Reinvestment Authority (Client) and the Town
Council (Property Owner /Review Agent) has final decision making authority.
• Lionshead Master Plan Amendments will be required based on current
conditions; however conformance to qualitative aspects and applicable
community goals will be required.
• Use of Federal Transit dollars and the required local match will be used.
• Additional funds if needed will be allocated by the VRA from TIF sources.
• Transit use in Vail will increase.
• The project process will be transparent
• All comments will be documented
• All issues will be responded to
• All issues may not be resolved to everyone's satisfaction; there will have to
be compromises.
• The existing baseline conditions /operating standards of each problem, need,
and conflict will not worsen or be compromised.
• The final approved design will comply with ADA standards and comply with
Town Code.
• Public Art will be incorporated in to the design.
Goals: Project aims
• Create facilities necessary to provide world class comprehensive transit
operations within the Lionshead area that will improve transit efficiencies and
serve the current and future needs of the Town of Vail and Eagle County.
• Enhance transit facilities to encourage transit ridership and promote transit
oriented development.
• Improve East Lionshead Circle and Concert Hall Plaza bus stop areas to
create safer, more inviting, and more functional portals to the Lionshead
Area, that are flexible to adapt to current and future needs.
• Improve conditions of the East Lionshead Circle "chute" and East Lionshead
Circle /Frontage Rd. intersection to enhance traffic flow and safety
considerations, with the ability to accommodate future redevelopment.
• Implement applicable goals of the Lionshead Master Plan intended to
enhance the East Lionshead Circle and Concert Hall Plaza portals into
Lionshead by creating aesthetically pleasing, active and inviting public
spaces.
Measurable Criteria: Specific project evaluation criteria
• Comply with the Town Code and applicable Lionshead Master plan goals
• Provide a distinguishable World Class intermodal transit facility and entrance
portal to Lionshead
• Provide a safe environment for all users & maintain emergency access
• Meet bus, shuttle, skier -drop off capacity needs (2008 needs, revised as
necessary if conditions have changed)
\n 6/2/2009 \n
5 -1 -In
• Establish a transit station with restrooms, enclosed & outdoor waiting area,
information dissemination services, and other amenities
• Mitigate pedestrian access /egress conflict to /from Lionshead Parking
Structure from /to Lionshead mall
• Allow for potential future expansion and /or redevelopment of Lionshead
Parking structure, allowing for a successful portal with or without
development
• Provide adequate space for vehicular circulation and maneuvering
• Mitigate existing circulation issues on the Frontage Rd. as well as any new
traffic impacts.
• Provide convenient access from the Frontage Rd. for Town and ECO bus
routes
• Provide ease of rider transfer between Town, ECO, & In -Town buses
• Provide a maintainable and sustainable facility
• Accommodate Loading & Delivery for Lionshead (may or may not be within
facility)
• Enhance the entry of the LH parking structure
SUMMARY HIGHLIGHTS OF CHARETTES
Current Conditions / Functional Observations - Here's What We Heard:
(Outcomes from Community Stakeholder Sessions)
• Pedestrian Vehicular Conflict
The pedestrian vehicular conflict at the southwest corner of the garage
continues to cause delays for buses and threaten the safety of pedestrians.
Only a fraction of the pedestrians crossing from the Lionshead garage to the
mall entry use the designated crosswalk, particularly people leaving
Lionshead. Visibility for buses and shuttles using the turnaround is inhibited
by a tight turning radius, existing vegetation and other overlapping users.
• Inadequate Skier Drop Off Services
It was generally commented that, while skier drop off is prohibited at the East
Lionshead Circle location, it is still heavily used and routinely enforced.
"Rouge" skier drop offs are one of the biggest problems in this area and
cause significant confusion and "bottle necking" within the study area. It was
also commented that Skier drop off should be eliminated and enforced from
this location. Intuitively many drivers looking for the path of least resistance
and the closest vehicular point for drop off come down to the bus shelter.
While the North Day Lot has been designated as a skier drop off location,
enforcement at the southwest corner of the parking garage is still high on
peak days, especially at the end of the ski day— East Lionshead Circle
remains to be a highly desirable skier drop off area.
• Left -Hand Turn From East Lionshead Circle To The South Frontage
Road
There are issues with delays and congestion when a vehicle is trying to make
a left -hand turn (west bound) from East Lionshead Circle onto South
Frontage Road. Traffic flow is inhibited by the amount of buses and cars
trying to maneuver through this intersection and is compounded by the steep
\n 6/2/2009 \n
5 -1 -4 \n
slope down East Lionshead Circle chute. Additional consideration should be
given to extending East Lionshead Circle to "complete the loop" and connect
with South Frontage Road east of the current parking structure. What part
could an east outlet of East Lionshead Circle to the Frontage Road play in
helping with this problem?
• Inefficiencies And Functional Performance Issues With Overall Transit
Service Due To Growing Capacity And Congested Vehicular Movements
East Lionshead Circle- There is no designated lanes /spots for buses or
shuttles. West bound in -town bus passengers and hotel shuttle passengers
are forced to cross the street in front of passing shuttles and buses along with
the other pedestrians coming to and from the Lionshead Parking Garage.
Buses /shuttles block pedestrian's sight lines when crossing road. Stacking
of buses or service vehicles causes delays in that once a bus is in the queue
it must wait until the bus in front departs before it is allowed to move forward.
West Lionshead Circle- The current Concert Hall Plaza transit stop is
confusing and congested. ECO buses, the red and green lines, as well as
the in -town route all make stops here and are forced, once again, to wait until
the bus in front departs before it is allowed to continue its route. Space
constraints also make snow removal difficult in this area. Grade separation
from ski yard makes this location less than ideal.
• Entry Into Lionshead Walking Mall Lacks Definition
The entry into Lionshead walking mall lacks clarity and is not currently a
"world class" portal. The guest experience could be enhanced greatly at this
transition point. Wayfinding at this intersection is difficult due in part to the
number of choices and the lack of focus on any one point. Similar confusion
exists at the Concert Hall Plaza Portal which is additionally burdened by
steep grades, stairs and visual blocks between West Lionshead and the
Core. The overriding goal is to provide the guest with a world -class
experience.
• Loading And Delivery Services
Timing and space allocation are two critical issues for proper loading and
delivery in this area. There are currently several 15 minute spaces between
two islands that are shared by skier drop off, temporary local business
parking, and loading and delivery trucks. Though most loading and delivery
is done in the early am or later pm hours there is on occasion overlap
between schedules of conflicting users. It can be expected that loading and
delivery modifications will be required to clarify the confusion and provide an
enhanced / transit and guest focused environment. These modifications may
include the elimination of loading and delivery from this location(s).
• Highlighting Sustainable Attributes Of Vail's Transit Services And
Subsequent T.O.D. /Develop Environmental Performance Thresholds
for Project
Currently, Vail functions well as a densely packed resort town which utilizes
an incredibly functional transit system. This system moves guests of the
mountain from two main parking structures to any number of locations
\n 6/2/2009 \n
5 -1 -5 \n
throughout town. At the same time there is a level of walkability that gives
Vail a unique sense of place. These attributes are rarely highlighted and
often taken for granted.
It was also discussed by the Team that this project is strategically positioned
to allow for "sustainability demonstration" in that the transit station could
achieve a high level of LEED certification. Alternative transit station ideas
were discussed that could promote the use and connectivity to bike trails /
walking trails to compliment the vehicular transit services. Possibilities for
eco- education may be appropriate as riders await their bus. High
performance design strategies, from site design, building orientation, high
performance building envelopes, and energy production (sun / wind) may be
appropriate for this project.
• Implement Goals Of The LHMP And The Vail 20120 To The Greatest
Extent Possible
While it is recognized that master plan amendments will be required to allow
for transit functions to occur on the subject sites, it is also the clear
expectation of the Town and the Design team to reinforce the qualitative
goals of the mast plan. Urban design and experiential goals of the master
plan will be supported and reinforced to the greatest extent possible while
recognizing the functional and operational requirements for transit service
and guest safety will be paramount to the design solutions. Function and
beauty combined.
• Other General Comments (Complete list to be posted on website)
• Snow storage areas are critical, can not afford to lose any existing
snow storage area, particularly along the west end of parking
structure and along East Lionshead Circle.
• Emergency access must be maintained to all areas including the LH
Mall.
• Treetops drive is the only access to Treetops lower parking garage,
LH Center garage, VR operations and ADA spaces.
• Concert Hall Plaza In -Town bus stop could be eliminated.
• Keep residential feel along east E. LH Circle, do not place buses
along south side of parking structure.
• Keep all buses out of core areas except In -Town and shuttles.
• Keep employee ECO stops convenient to Lionshead
II. STAFF RECOMMENDATIONS
Listen to staff presentation and confirm direction
\n 6/2/2009 \n
5 -1 -6 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Discussion of Ordinance No. 15, Series of 2009 an Ordinance Defining
Electronic Personal Assistive Mobility Device ( "EPAMD "); Establishing Regulations Regarding
the Operation of Such Devices in the Town of Vail; and Setting Forth Details in Regard
Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Discuss and finalize the list of prohibited areas and
other prohibitions.
BACKGROUND: See Staff Memorandum.
STAFF RECOMMENDATION: Discuss and finalize the list of prohibited areas and other
prohibitions.
ATTACHMENTS:
Electronic Personal Assistive Mobility Devices on Vail Recreation Paths Memorandum
Ordinance No. 15, Series of 2009
\n 6/2/2009 \n
MEMORANDUM
TO: Vail Town Council
FROM: Town Staff
DATE: June 2, 2009
SUBJECT: Ordinance amendment allowing Electronic Personal Assistive Mobility
Devices on Vail Recreation Paths
Background
It has been requested that the Town of Vail amend TITLE 7, MOTOR VEHICLES AND TRAFFIC, VAIL
TOWN CODE to allow the use of Electronic Personal Assistive Mobility Devices (EPAMDs) on the town's
recreation paths. The current ordinance prohibits motorized vehicles. During the May 19, 2009 Town
Council meeting, staff was directed to prepare an amended ordinance.
An ordinance is attached. Several issues have been raised and are outlined below.
Private, State, and Federal Property
Vail's recreation path system consists of detached recreation trails, attached bicycle lanes and residential
streets. Various sections of the system fall on town -owned property, private property, and Colorado
Department of Transportation /Federal Highway Administration (CDOT /FHWA) property.
Staff recommends that the proposed ordinance should address only portions of the system that fall on
town -owned property and right -of -way. The attached map outlines portions of the path system that fall on
private or CDOT /FHWA property.
Town -owned Property
Residential streets throughout Vail, pedestrian areas of Vail Village, some pedestrian areas within
Lionshead and the majority of the Gore Valley Trail east of Golden Peak as well as parks and
open space areas. Bighorn Road east of the East Vail Exit is town -owned right -of -way.
Private Property
The Gore Valley Trail through the Cascade Village area; through the Lionshead, Vista Bahn and
Golden Peak base areas; and the Front Door and Arabelle are the most notable sections of path
through private property. Some of the easement agreements allowing the recreation path route
through private property specifically prohibit "motorized vehicles of all types."
CDOT /FHWA
The Gore Valley Trail west of Donovan Park through Dowd Junction, the North Recreation Path
from West Vail to Main Vail and several short sections of the paths east of Vail Village fall within
1 -70 right -of -way. It is possible that due to the new state law prohibiting the use of EPAMDs on
recreation paths, that CDOT and the FHWA could prohibit their use within 1 -70 right -of -way.
The new state law does prohibit their use on all portions of the State Highway system which
would include the Vail Frontage Roads west of the East Vail exit.
The Dowd Junction section of the Gore Valley Trail falls outside of Town of Vail boundaries in
unincorporated Eagle County and in CDOT /FHWA Right of Way.
\n 6/2/2009 \n
6 -1 -1 \n
Recommended Prohibited Areas
Due to various potential conflicts, safety issues and maintenance concerns, staff recommends that the
use of EPAMD's should be specifically prohibited in the following town -owned areas:
1. Ford Park
2. Vail Nature Center
3. Betty Ford Alpine Garden
4. Village Streamwalk (currently pedestrian only)
5. Covered Bridge
6. All children's playgrounds
7. All turf areas
8. All natural /unimproved areas
Other Prohibitions
Staff recommends operating EPAMD's should be prohibited within certain special events and large
gatherings such as the 4 th of July Parade route, Teva Games, Oktoberfest and other such events as
determined.
Other Policy Concerns
• Vail adopted the Regional Trails Plan in 2001. The plan references a "non- motorized trail system ".
However, there is no agreement between the town and ECO Trails that specifically excludes the use
of motorized vehicles.
• Staff will plan to monitor the use of EPAMDs throughout the summer in order to address any conflicts
and concerns that may arise.
Staff Recommendations
Discuss and finalize the list of prohibited areas and other prohibitions.
\n 6/2/2009 \n
6 - 1 - 2 \n
ORDINANCE NO. 15
SERIES OF 2009
AN ORDINANCE DEFINING ELECTRONIC PERSONAL ASSISTIVE MOBILITY
DEVICE ( "EPAMD "); ESTABLISHING REGULATIONS REGARDING THE
OPERATION OF SUCH DEVICES IN THE TOWN OF VAIL; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town "), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified; and
WHEREAS, the Town promotes alternative transportation modes that are
environmentally friendly and that reduce society's dependence on fossil fuels; and
WHEREAS, by the provisions of this Ordinance, the Town desires to: (a) define
Electric Personal Assisted Mobility Device; Declare such vehicles as exempt from motor
vehicle traffic laws except as provided in the Ordinance; implement regulations for the
operation of EPAMDs in the Town of Vail; and
WHEREAS, the Town Council finds and determines that the public health, safety,
and welfare will be served by the adoption of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. DEFINITIONS
Electronic Personal Assistive Mobility Device (EPAMD) means a self - balancing,
nontandem two - wheeled device, designed to transport only one person, which is
powered solely by an electronic propulsion system producing an average power output
of no more than seven hundred fifty watts.
Section 2. OPERATION OF EPAMDs AUTHORIZED
Except as provided by this Ordinance, the operation of EPAMDs in the Town shall be
exempt from the Model Traffic Code, as adopted by the Town of Vail, and such other
Town ordinances that regulate motorized vehicles in Town.
Section 3. EPAMD OPERATION, PARKING AND EQUIPMENT REGULATIONS
For the purposes of operation, parking, and equipment and subject to the additional
regulations set forth in this Ordinance, EPAMDs shall be considered bicycles and shall
be subject to the provisions and regulations concerning bicycles contained in the Model
Traffic Code, as adopted by the Town of Vail.
Ordinance No. 15, Series of 2009 \n 6/2/2009 \n
6 -2 -1 \n
Section 4. RESTRICTIONS ON THE OPERATION OF EPAMDs
A. It shall be unlawful for any person to operate EPAMDs in the following public areas:
(1) Ford Park
(2) Vail Nature Center
(3) Betty Ford Alpine Garden
(4) Village Streamwalk (currently pedestrian only)
(5) Covered Bridge
(6) All children's playgrounds
(7) All turf areas
(8) All natural /unimproved areas
[NOTE: These areas should be further defined and described by exhibit for 2nd
reading after Town Council discussion on June 2nd]
B. The Rider of an EPAMD shall have all the same rights and duties as an operator of
any other vehicle pursuant to C.R.S. Article 4, Title 42, except as to those provisions that
by their nature have no application and have not otherwise been lawfully amended by
this Ordinance.
Section 5. FURTHER RESTRICITONS ON EMPADs
It shall unlawful to operate EPAMD's on streets and highways that are parts of the state
highway system.
Section 6. MINIMUM AGE FOR OPERATION OF EPAMDs
Operation of EPAMDs shall be limited to persons sixteen (16) years of age or older.
Section 7. VIOLATIONS
Violations of this Ordinance shall be punishable in accordance with the Section 1 -4 -1 of
this Code.
Section 8. SUNSET PROVISION AND ORDINANCE EXPIRATION
This Ordinance, and the rights granted by this Ordinance, shall expire on September 30,
2009.
Section 9. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Ordinance No. 15, Series of 2009 \n 6/2/2009 \n
6 -2 -2 \n
Section 10. 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 11. 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 2n day of June, 2009, and a
public hearing for second reading of this Ordinance set for the 16 day of June, 2009, at
6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 15, Series of 2009 \n 6/2/2009 \n
6 -2 -3 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Resolution No. 17, Series of 2009, a Resolution Approving an
Intergovernmental Agreement Between the Town of Vail, Colorado and the State of Colorado
Department of Revenue Regarding the Authorization to Administer Commercial Driver's
License Driver Skills Testing; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Greg Hall / Matt Mire
ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to
sign and enter into the IGA with DOR.
BACKGROUND: The Town of Vail has been providing CDL examiner services for our
employees for many years. Without the approval of the state in the form of the IGA, the town's
C.D.L. Examiner licenses will be lost and we will not be able to train and test our new seasonal
drivers next fall. If that happens, we will need to find another third party tester, most likely in
the Denver area, to test our drivers. The expenses and timing would be very prohibitive.
STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign
and enter into the IGA with the DOR in a form approved by the Town Attorney.
ATTACHMENTS:
Resolution No. 17, Series of 2009
Exhibit A DOR IGA
\n 6/2/2009 \n
RESOLUTION NO. 17
Series of 2009
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO AND THE STATE OF COLORADO DEPARTMENT OF
REVENUE REGARDING THE AUTHORIZATION TO ADMINISTER COMMERCIAL DRIVER'S
LICENSE DRIVER SKILLS TESTING; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado
is a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified; and
WHEREAS, the Town and the Colorado Department of Revenue (the "DOR ") wish to
enter into an Intergovernmental Agreement ( "IGA ") to authorize Commercial Driver's License
( "CDL ") Testing Units to administer and provide CDL Driver Skills Testing on behalf of the DOR.
WHEREAS, the Town meets the necessary Commercial Driver's License ( "CDL ") Testing
Units to administer and provide CDL Driver Skills Testing.
WHEREAS, the Town's operations require the continued testing of employees for the
necessary Commercial Driver's License ( "CDL ") skills to maintain service levels to the
community.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA with DOR, in substantially the same form as attached hereto as Exhibit A and in a
form approved by the Town Attorney, for the authorization to provide CDL driver skills testing on
behalf of the State of Colorado.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 2 nd day of June, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 17, Series 2009 \n 6/2/2009 \n
7 -1 -1 \n
Department of Revenue
TAA
Intergovernmental Agreement
THIS AGREEMENT, made this day of 20 , by and between the
State of Colorado for the use and benefit of the Department of Revenue, Motor Carrier Services
Division, CDL Compliance Section, 1881 Pierce Street, Room 118, Lakewood, Colorado 80214,
hereinafter referred to as "DOR ", and
a (name and type of governmental entity ")
(address), FEIN Number ,
hereinafter referred to as the "CDL Testing Unit ".
FACTUAL RECITALS
DOR is authorized by Sections 24-4 -103, 42- 2- 111(1)(b), 42- 2- 403(2)(a), 42- 2- 406(3) and 407(8)
C. R. S. to adopt rules and regulations as necessary for the Commercial Driver's License ( "CDL ")
Program to ensure compliance and promote the safety and welfare of the citizens of Colorado; and
DOR desires to memorialize and authorize CDL Testing Units to Administer and provide CDL
Driver Skills Testing on behalf of DOR; and
By reference, DOR adopts and incorporates into this agreement the Federal Motor Carrier Safety
Regulations Parts 383, 384, 386, 390 and 391, Qualifications and Disqualification and Code of Federal
Regulations, Title 49, Parts 383, 384, 386, 390 and 391, revised as of October 1, 2002.
Required approval, clearance and coordination has been accomplished from and with appropriate
agencies; and
NOW, THEREFORE, it is hereby agreed that in consideration of the mutual covenants and agreements
set forth, the sufficiency of which is hereby acknowledged, DOR and the CDL Testing Unit agree as
follows:
1. PRIORITY OF INTERPRETATION The provisions of this agreement shall be governing over the
relationship of DOR and the CDL Testing Unit. Should conflict in any provisions of this agreement and
any exhibits be identified, the priority of interpretation of the agreement shall be: first, the Special
Provisions incorporated within the agreement; second, the terms and provisions of this agreement; and
third, the Rules and Regulations for the CDL Program, ( "Exhibit A "), hereby attached and incorporated
herein.
2. STATEMENT OF WORK AND RESPONSIBILITIES.
A. On behalf of DOR, The CDL Testing Unit shall competently provide CDL Driving Skills Testing,
services to DOR and applicants pursuant to and consistent with the intent of all applicable Federal
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and State laws, the terms of this agreement; the Rules and Regulations for the Commercial
Driver's License (CDL) Program, attached and incorporated herein as Exhibit A; and, the current
CDL Tester's manual, hereby incorporated by reference.
B. CDL Testing Unit shall at all times have a valid signed agreement with DOR prior to providing
the services pursuant to the agreement. Additionally, the CDL Testing Unit and the CDL Driving
Skills Tester shall be in possession of a valid license in accordance with Exhibit A of this
agreement prior to providing services authorized by this agreement.
C. The CDL Testing Unit shall have written permission from the landowner to administer the CDL
vehicle basic control tests on areas not owned by the CDL Testing Unit. This written permission,
substantially in a form equivalent to Attachment A, attached and incorporated herein, shall be
submitted to DOR for approval prior to testing.
D. The CDL Testing Unit agrees to:
1) Maintain an established place of business in Colorado with a vehicle fleet of no less than
three CMV's owned, leased or registered to the testing unit, the business owner or an
employee of the business; or
2) Maintain an adult education occupational business license with the Division of Private
Occupational School, a division of the Colorado Department of Higher Education; or
3) Be an agency of government, public school district, private or parochial school or other type
of pre - primary, primary, or secondary school transporting students from home to school or
from school to home.
4) Comply with the Colorado Third Party Testing Professional Code of Ethics, attached and
incorporated herein as Attachment B.
3. TERM The term of this agreement is from July 1, 2009 or the date DOR executes this agreement,
whichever is later and shall end June 30, 2010.
DOR, in its sole discretion, may require continued performance for four (4) additional periods of twelve
(12) months for any services at the terms specified in the agreement. DOR may exercise the option by
written notice of its intent to renew to the CDL Testing Unit within thirty (30) days prior to the end of the
current agreement term. Notice of intent does not commit DOR to a renewal. The renewal shall be in a
form substantially equivalent to Attachment C of this agreement ( "Option Letter "). The Option Letter
shall not be valid until signed by DOR. The total duration of this agreement shall not exceed five (5)
years.
The term of this agreement is contingent upon the issuance or renewal of a valid CDL Testing Unit
license. Permanent revocation of the CDL Testing Unit License shall be sufficient cause for immediate
termination of this agreement.
4. INSPECTION AND ACCEPTANCE The CDL Testing Unit shall permit DOR and federal agency
monitoring and auditing of records and activities that are or have been undertaken pursuant to this
agreement. DOR reserves the right to inspect services provided under this agreement at all reasonable
times and places during the term of the agreement, including any extensions. "Services" as used in this
clause includes services performed or tangible material produced or delivered in the performance of
services. If any of the services do not conform to agreement requirements, DOR may require the CDL
Testing Unit to perform the services again in conformity with the agreement requirements. When defects
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in the quality or quantity of service cannot be corrected by re- performance, DOR may require the CDL
Testing Unit to take necessary action to ensure that the future performance conforms to the agreement
requirements.
5. NON - EXCLUSIVE RIGHTS It is understood and agreed by the CDL Testing Unit that DOR does
not grant the CDL Testing Unit exclusive rights to provide the products and/or services under this
agreement. DOR reserves the right to agreement from persons and entities other than the CDL Testing
Unit, as may be in the best interest of DOR. This agreement shall remain in full force and affect should
DOR enter into other agreements for the same or similar goods and services as provided under this
agreement.
6. SUBCONTRACTORS Pursuant to 42- 2- 407(1) C.R.S., the use of subcontractors in the performance
of this agreement is not allowed. CDL Driving Skills Tests may be performed only by employees of
DOR or by CDL Driving Skills Tester(s) employed by CDL Testing Units.
7. REPRESENTATIONS, WARRANTIES, AND PERFORMANCE STANDARDS The CDL Testing
Unit shall perform the services described in Section 2, "Statement of Work and Responsibilities ", in
accordance with the highest standard of care, skill and diligence provided by a professional person or
company in performance of work similar to the service. The CDL Testing Unit warrants that (a) services
provided under this agreement shall meet the descriptions in this agreement, (b) there are no pending or
threatened suits, claims, or actions of any type with respect to the services provided and (c) the services
shall be free and clear of any liens, encumbrances, or claims arising by or through the CDL Testing Unit
or any party related to the CDL Testing Unit.
The CDL Testing Unit expressly warrants and guarantees complete performance of the work in a manner
acceptable to DOR.
8. CONFLICT OF INTEREST /GIFTS GRATUITIES During the term of this agreement, the CDL
Testing Unit shall not engage in any business or personal activities or practices or maintain any
relationships which conflict in any way with the full performance of the CDL Testing Unit's obligations
under this agreement.
Additionally, the CDL Testing Unit acknowledges that in governmental agreementing, even the
appearance of a conflict of interest is harmful to the interests of DOR. Therefore, the CDL Testing Unit
shall refrain from any practices, activities or relationships that could reasonably be considered to be in
conflict with the full performance of CDL Testing Unit's obligations to DOR in accordance with the
terms and conditions of this agreement, without the prior written approval of DOR.
In the event that the CDL Testing Unit is uncertain whether the appearance of a conflict of interest may
reasonably exist, the CDL Testing Unit shall submit to DOR a full disclosure statement setting forth the
relevant details for DOR's consideration and direction. Failure to promptly submit a disclosure statement
or to follow DOR's direction in regard to the apparent conflict shall be grounds for termination of the
agreement.
The CDL Testing Unit shall not, by itself or through any officer, director, employee, agent, partner,
subagreementor or other representative, offer, give, grant, or otherwise deliver any gift, gratuity, or
anything of monetary or non - monetary value to any employee of DOR or to any member of his/her
immediate family or anyone living in his/her household. Failure by the CDL Testing Unit to ensure
compliance with this provision may result, in DOR's sole discretion, in immediate termination of the
agreement.
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9. PERFORMANCE BOND The CDL Testing Unit shall acquire a performance bond in the amount of
five thousand dollars ($5,000.00) when the CDL Testing Unit is testing applicants outside of their testing
unit. Such bond must inure to the benefit of DOR and shall be in force through the term of the agreement,
including any extensions. A certificate evidencing coverage must be delivered to DOR prior to execution
of the agreement and prior to each subsequent renewal. The bond agreement shall contain a provision
that indicates that any modifications or cancellation of such bond can occur only sixty (60) days after
written notice to DOR. In the event of default by the CDL Testing Unit, DOR will have the sole
responsibility for selecting the alternate CDL Testing Unit.
10. PRESS CONTACTS/NEWS RELEASES The CDL Testing Unit shall not initiate any press and/or
media contact nor respond to press /media requests regarding this agreement and/or any related matters
concerning DOR without the prior written approval of DOR.
11. CONFIDENTIALITY OF STATE RECORDS AND INFORMATION The CDL Testing Unit
acknowledges that it may come into contact with confidential information in connection with this
agreement or in connection with the performance of its obligations under this agreement, including but
not limited, to personal records and information of individuals. It shall be the responsibility of the CDL
Testing Unit to keep all State records and information confidential at all times and to comply with all
Colorado State and Federal laws, rules and regulations concerning the confidentiality of information.
Any request or demand for information in the possession of the CDL Testing Unit made by a third party
who is not an authorized party to this agreement shall be immediately forwarded to the DOR's
representative listed in the "Notices and Representatives" section of this agreement for resolution.
The CDL Testing Unit shall provide and maintain a secure environment that ensures confidentiality of all
State records and information wherever located. No State information of any kind shall be distributed or
sold to any third party or used by the CDL Testing Unit or its agents in any way, except as authorized by
the CDL Testing Unit and as approved by the DOR. State information shall not be retained in any files or
otherwise by the CDL Testing Unit or its agents, except as set forth in this agreement and approved by the
DOR. Disclosure of State records or information may be cause for legal action against the CDL Testing
Unit or its agents. Defense of any such action shall be the sole responsibility of the CDL Testing Unit or
its agents.
If the CDL Testing Unit becomes aware of a breach of data security, it shall notify DOR immediately and
cooperate with DOR regarding recovery, remediation, and the necessity to involve law enforcement, if
any. The CDL Testing Unit shall be responsible for the cost of notifying each Colorado resident and
residents of other states whose personal information may have been compromised. Notice shall be made
as soon as possible within the legitimate needs of law enforcement and according to the requirements of
DOR. The CDL Testing Unit shall be responsible for performing an analysis to determine the cause of
the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in
the future. The CDL Testing Unit shall present such analysis and remediation plan to DOR within ten
(10) days of notifying DOR of the breach of data security. DOR reserves the right to adjust this plan, in
its sole discretion. In the event that the CDL Testing Unit cannot produce the required analysis and plan
within the allotted time, DOR, in its sole discretion, may perform such analysis and produce a
remediation plan that the CDL Testing Unit shall comply with, at the CDL Testing Unit's sole cost.
The CDL Testing Unit shall notify all of its agents, employees, subcontractors and assigns who will come
into contact with State information that they are subject to the confidentiality requirements set forth
herein, and shall provide each with a written explanation of the requirements before they are permitted to
access information or data.
12. THIRD PARTY BENEFICIARIES The enforcement of the terms and conditions of this agreement
and all rights of action relating to such enforcement shall be strictly reserved to DOR and the CDL
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Testing Unit. Nothing contained in this agreement shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of DOR and the CDL Testing Unit that
any such person or entity, other than DOR or the CDL Testing Unit, receiving services or benefits under
this agreement shall be deemed an incidental beneficiary only.
13. NOTICES The CDL Testing Unit shall notify the State in writing within three (3) business days of
any of the following:
• Any State or court ordered action imposing suspension, revocation, or cancellation upon the
driver's license of a CDL Driving Skills Tester.
• Any State or court ordered action imposing an "Out of Service" order or "Removal from Safety
Sensitive Function" order on the driving status of a CDL Driving Skills Tester.
• Any change in the CDL Testing Unit's name address, phone number, and testing location.
• The CDL Testing Unit ceases business operations in Colorado.
For the Testing Unit: For the State:
State of Colorado
Name Department of Revenue
MCS- CDL
Trish Aragon
Address 1881 Pierce St., Room 118
Lakewood, CO 80214
303 - 205 -5670
Address
Telephone Number
14. LEGAL AUTHORITY The CDL Testing Unit warrants that it possesses the legal authority to
enter into this agreement and that it has taken all actions required by its procedures, by -laws, and/or
applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to
execute this agreement and to bind the CDL Testing Unit to its terms. The person(s) executing this
agreement on behalf of the CDL Testing Unit warrant(s) that such person(s) have full authorization
to execute this agreement.
15. REMEDIES. In addition to any other remedies provided for in this agreement, and without limiting
its remedies otherwise available at law, the State may exercise the following remedial actions if the
CDL Testing Unit substantially fails to satisfy or perform the duties and obligations in this
agreement. Substantial failure to satisfy the duties and obligations shall be defined to mean be
significant insufficient, incorrect or improper performance, activities, or inaction by the CDL Testing
Unit. These remedial actions are as follows:
A. Suspend the CDL Testing Unit's performance pending necessary corrective action as
specified by the State without the CDL Testing Unit's entitlement to adjustment in
schedule; and/or
B. Request the removal from work on the agreement of employees or agents of the CDL
Testing Unit whom the State justifies as being incompetent, careless, insubordinate,
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unsuitable, or otherwise unacceptable, or whose continued employment on the agreement
the State deems to be contrary to the public interest or not in the best interest of the State;
and/or
C. Terminate the agreement for default.
The above remedies are cumulative and the State, in its sole discretion, may exercise any or all of
them individually or simultaneously.
15. TERMINATION FOR CONVENIENCE
Termination
The State may, when the interests of the State so require, terminate this agreement in whole or in part,
for the convenience of the State. The State shall give at least ten (10) days advance written notice of the
termination to the CDL Testing Unit specifying the part(s) of the agreement terminated and the
effective date of termination. Exercise by the State of the Termination of Convenience Clause in no
way implies that the State has breached the agreement.
CDL Testing Unit's Obligations
The CDL Testing Unit shall incur no further obligations in connection with the terminated work and on
the date specified in the notice of termination the CDL Testing Unit shall stop work to the extent
specified. The CDL Testing Unit shall also terminate outstanding orders and subcontracts as they relate
to the terminated work. The CDL Testing Unit shall settle the liabilities and claims arising out of the
termination of subcontracts and orders connected with the terminated work. The CDL Testing Unit must
still complete and deliver to the State the work not terminated by the Notice of Termination and incur
obligations as are necessary to do so.
16. TERMINATION FOR DEFAULT /CAUSE If the CDL Testing Unit refuses or fails to perform
any of the provisions of this agreement, the State may notify the CDL Testing Unit in writing of the
non - performance, and if not promptly corrected within the time specified, the State may terminate
the CDL Testing Unit's right to proceed with the agreement or such part of the agreement as to
which there has been delay or a failure to properly perform. In the event of termination, all finished
or unfinished documents, data, studies, surveys, reports or other materials prepared by the CDL
Testing Unit pursuant to this agreement shall, at the option of the State, become the State's
property and, if in the possession of the CDL Testing Unit, shall immediately be returned to the
State. The CDL Testing Unit shall continue performance of the agreement to the extent it is not
terminated.
Notwithstanding the above, the CDL Testing Unit shall not be relieved of liability to the State for
any damages sustained by the State by virtue of any breach of the agreement by the CDL Testing
Unit.
Notwithstanding termination of the agreement and subject to any directions from the State, the
CDL Testing Unit shall take timely, reasonable and necessary action to protect and preserve
property in the possession of the CDL Testing Unit in which the State has an interest.
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Excuse for Nonperformance or Delayed Performance
The CDL Testing Unit shall not be in default by reason of any failure in performance of this
agreement in accordance with its terms if such failure arises as a result of "force majeure," as set
forth in the "Force Majeure" section of this agreement. Upon request of the CDL Testing Unit, the
State shall ascertain the facts and extent of such failure, and, if the State determines that any failure
to perform was a result of force majeure, and that, but for the force majeure, the CDL Testing Unit's
progress and performance would have met the terms of the agreement, the delivery schedule shall be
revised accordingly, subject to the rights of the State.
Erroneous Termination for Default
If after notice of termination of the CDL Testing Unit's right to proceed under the provisions of this
clause, it is determined for any reason that the CDL Testing Unit was not in default under the
provisions of this clause, or that the delay was excusable, the rights and obligations of the parties
shall be the same as if the notice of termination had been issued pursuant to the termination for
convenience clause.
17. INSURANCE. If the CDL Testing Unit is a "public entity" within the meaning of the
ColoradoGovernmental Immunity Act, CRS 24 -10 -101, et seg., as amended ( "Act "), the CDL
Testing Unit shall at all times during the term of this agreement maintain such liability
insurance, by commercial policy or self - insurance, as is necessary to meet its liabilities under the
Act. Upon request by the State, the CDL Testing Unit shall show proof of such insurance.
18. ASSIGNMENT AND SUCCESSORS. The CDL Testing Unit shall not assign rights or delegate
duties under this agreement.
19. FORCE MAJEURE Neither the CDL Testing Unit nor the State shall be liable to the other for any
delay in, or failure of performance of, any covenant or promise contained in this agreement, nor shall any
delay or failure constitute default or give rise to any liability for damages if, and only to the extent that,
such delay or failure is caused by "force majeure". As used in this agreement "force majeure" means
acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or
agreementual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes,
freight embargoes; illegality, or unusually severe weather.
20. WAIVER The waiver of any breach of a term, provision, or requirement of this contract shall not
be construed or deemed as waiver of any subsequent breach of such term, provision, or
requirement, or of any other term, provision, or requirement.
21. INTEGRATION OF UNDERSTANDING. This agreement is intended as the complete integration of
all understandings between the parties. No prior or contemporaneous addition, deletion, or other
amendment hereto shall have any force or effect unless embodied herein in writing. No subsequent
notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless
embodied in a written contract executed and approved pursuant to State Fiscal Rules.
22. SURVIVAL OF CERTAIN CONTRACT TERMS. Notwithstanding anything herein to the
contrary, the parties understand and agree that all terms and conditions of this agreement and the exhibits
and/or attachments hereto which may require continued performance, compliance, or effect beyond the
termination or expiration date of the agreement shall survive such termination or expiration date and shall
be enforceable by the State as provided herein in the event of such failure to perform or to comply by the
CDL Testing Unit.
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23. MODIFICATION AND AMENDMENT This agreement is subject to such modifications as may be
required by changes in Federal or State law, or their implementing regulations. Any such required
modification shall automatically be incorporated into and be part of this agreement on the effective date
of such change as if fully set forth herein. Except as provided above, no modification of this agreement
shall be effective unless agreed to in writing by both parties in an amendment to this agreement that is
properly executed and approved in accordance with applicable law.
24. COOPERATION OF THE PARTIES. The CDL Testing Unit and the State agree to cooperate fully,
to work in good faith, and to mutually assist each other in the performance of this agreement. In
connection herewith, the parties shall meet to resolve problems associated with this agreement. Neither
party will unreasonably withhold its approval of any act or request of the other to which the party's
approval is necessary or desirable. Disputes arising under this agreement that cannot be settled through
an informal meeting may be resolved through the procedures set forth in the Colorado Procurement
Code.
25. VENUE & CHOICE OF LAW This agreement is made in the State of Colorado. CDL Testing
Unit agrees that exclusive venue for any action between the parties for claims concerning this
agreement shall be in the City and County of Denver, Colorado. In accordance with Special Provision 6,
GENERAL, below, the laws of the State of Colorado shall control.
26. SECTION HEADINGS The section headings or titles are for convenience only and shall have no
substantive effect in the interpretation of the agreement.
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SPECIAL PROVISIONS
These Special Provisions apply to all contracts except where noted in italics.
1. CONTROLLER'S APPROVAL. CRS §24- 30- 202(1). This contract shall not be valid until it has been approved by the Colorado State
Controller or designee.
2. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any
of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the
Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither
Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and
agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise
provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its
employees and agents only if such coverage is made available by Contractor or a third parry. Contractor shall pay when due all applicable
employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep
in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when
requested by the State, and (c) be solely responsible for its acts and those of its employees and agents.
5. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or
hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and
enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations
shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in
part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision
rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person.
Any provision to the contrary in this contact or incorporated herein by reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall
not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing
restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain
in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of
this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate
termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions.
9. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § §24- 18-201 and 24-50 -507. The signatories aver that to their
knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract.
Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance
of Contractor's services and Contractor shall not employ any person having such known interests.
10. VENDOR OFFSET. CRS § §24- 30-202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4
(3.5), the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a) unpaid
child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et
seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the
Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8- 17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of
securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information
technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an
illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to R!mform work under this contract through participation in the E -Verify Program or the Department program
established pursuant to CRS §8- 17.5- 102(5xc), Contractor shall not knowingly employ or contract with an illegal alien to perform work under
this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this contract Contractor (a) shall not use E -Verify Program or Department program
procedures to undertake pre - employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and
the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal
alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal
alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken
pursuant to CRS §8 -17.5- 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program,
Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affrmration,
affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Contractor fails to comply with any requirement of this provision or CRS §8 -17.5 -101 et seq., the contracting State
agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be
liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older,
hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to
federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS
§24- 76.5 -103 prior to the effective date of this contract. Revised 1 -1-09
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THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT
CDL TESTING UNIT: STATE OF COLORADO:
BILL RIT'TER, JR., GOVERNOR
By: By:
Legal Name of Contracting Entity Joan Vecchi, Senior Director
Motor Vehicle Division
For the Executive Director
Department of Revenue
Social Security Number or FEIN
Signature of Authorized Officer
Print Name & Title of Authorized Officer
CORPORATIONS:
(A corporate attestation is required.)
Attest (Seal) (Place corporate seal here, if available.)
By:
(Corporate Secretary or Equivalent, or
Town/City /County Clerk
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Exhibit A
RULES AND REGULATIONS FOR THE COMMERCIAL
DRIVER'S LICENSE (CDL) PROGRAM
1 CCR 204 -12
November 2008
A. BASIS, PURPOSE AND STATUTORY
(1) The Department is authorized to adopt rules and regulations as necessary for the Commercial
Driver's License Program in accordance with Sections 24-4 -103, 42- 2- 111(1)(b), 42- 2- 403(2)(a),
42- 2- 407(8), CRS.
(2) The purpose of these rules is to ensure compliance with state and federal requirements to promote
the safety and welfare of the citizens of Colorado.
B. INCORPORATION BY REFERENCE OF FEDERAL RULES
(1) Adoption: The Department incorporates by reference the Federal Motor Carrier Safety
Regulations Part 383, 384, 390, and 391, Qualifications and Disqualification of Drivers.
(2) The Federal Regulations incorporated or referenced by this rule are published in the Code of
Federal Regulations, Title 49, Part 383, 384, 390, and 391, revised as of May 2007. Material
incorporated by reference in this rule does not include later amendments to or editions of the
incorporated material. The Federal rules and regulations referenced or incorporated in these rules
are on file and available for inspection by contacting the Motor Carrier Services Division of the
Department of Revenue, 1881 Pierce Street, Room 118, Lakewood, Colorado, 80214, 303 -205-
5600, and copies of the materials may be examined at any state publication depository library.
*Matter incorporated by reference.
C. DEFINITIONS
(1) AAMVA: American Association of Motor Vehicle Administrators is a voluntary, nonprofit, tax
exempt, educational unit that represents state and provincial officials in the United States and
Canada who administer and enforce motor vehicle laws.
(2) CDL: Commercial Driver's License means a license issued to an individual in accordance with the
requirements of the federal "Commercial Motor Vehicle Safety Act of 1986." The document
issued by the Department entitles the holder while having such document in his/her immediate
possession, to drive a motor vehicle of certain classes and endorsements upon the highways
without supervision.
(3) CDL Instruction Permit: The permit issued by the Department entitling the applicant, while
having such permit in his/her immediate possession, to drive a motor vehicle of certain classes
and/or endorsements upon the highways with a driver that possesses a CDL with the same class
and/or endorsements or higher, as the CDL Instruction Permit driver.
(4) CDL Vehicle Class: A group or type of vehicle with certain operating characteristics.
(5) CDLIS: Commercial Driver's License Information System is the central database that stores the
list of CDL drivers, in addition, the drivers' state of record.
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(6) CDL driving tester or driving tester: An individual licensed by the Department under the
provisions of Section 42 -2 -407, CRS to administer CDL driving tests.
(7) CDL testing unit or testing unit: A business, association, or governmental entity licensed by the
Department under the provisions of 42- 2-407, CRS to administer CDL driving tests.
(8) CMV: Commercial Motor Vehicle means a motor vehicle designed or used in commerce to
transport passengers or property, if the vehicle, has a gross vehicle weight rating of 26,001 or more
pounds or such lesser rating determined by federal regulation; or is designed to transport sixteen or
more passengers, including the driver; or is transporting hazardous materials and is required to be
placarded.
(9) CRS: Colorado Revised Statutes.
(10) Department: Colorado Department of Revenue.
(11) Disqualifications: The suspension, revocation, cancellation, or any other withdrawal by the
Department of a person's privilege to drive a CMV or a determination by the FHWA under the
rules of practice for motor carrier safety contained in Part 386 of this title, that a person is no longer
qualified to operate a CMV under Part 391; or the loss of qualification that automatically follows
conviction of an offense listed in FMCSR 383.51
(12) DPOS: Division of Private Occupational School, a division of the Colorado Department of Higher
Education.
(13) Designed to Transport: The manufacturer's original rated capacity of the vehicle.
(14) Endorsements: This is a letter indicator added to a CDL and/or permits that indicate successful
completion of the appropriate knowledge and/or skill test(s) that allows the operation of a special
configuration of vehicle(s).
(a) T = Double /triple trailers
(b) P = Passenger
(c) N = Tank vehicles
(d) H = Hazardous materials (Not indicated on permit)
(e) S = School buses
M X = Combination of tank vehicle and hazardous materials (Not indicated on
permit)
(g) M = Motorcycle
(h) 3 = Three wheel motorcycle
(15) Exemptions: Regulatory relief given to a person or class of persons normally subject to regulations
without the exception.
(16) Farm Custom Harvester: An individual engaged in seasonal custom - harvesting operations.
(17) Farm- Related Service Industry: Is an entity with special Federal Motor Carrier Safety
Administration designation that provides farm- related services such as:
(a) Agri- chemical businesses;
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(b) Custom harvesters;
(c) Farm retail outlets and suppliers; and
(d) Livestock feeders.
(18) FHWA: Federal Highway Administration is an agency within the USDOT.
(19) FMCSA: Federal Motor Carrier Safety Administration is an agency within the USDOT.
(20) FMCSR: Federal Motor Carrier Safety Regulations (49 CFR Parts 350 -399).
(21) GCWR: Gross Combination Weight Rating is the value specified by the manufacturer as the
loaded weight of the combination (articulated) vehicle. In the absence of a value specified by the
manufacturer, GCWR will be determined by adding the GVWR of the power unit and the total
weight of the towed unit and any weight thereon.
(22) Government: means a state, county, city and county, municipality, school district, special
improvement district, and every other kind of district, agency, instrumentality, or political
subdivision thereof organized pursuant to law and any separate entity created by intergovernmental
contract cooperation only between or among the state, county, city and county, municipality, school
district, special improvement district, and every other kind of district, agency, instrumentality, or
political subdivision thereof.
(23) GVWR: Gross Vehicle Weight Rating is the value specified by the manufacturer as the loaded
weight of a single vehicle.
(24) Intrastate Driver: A driver authorized to operate a CMV within the boundaries of
Colorado, and not authorized to transport items of interstate commerce or hazardous materials.
(25) Interstate Commerce: Trade, traffic or transportation in the United States between a
place in the state and a place outside of such state, including outside of the United States or between
two places in a state as part of trade, traffic, or transportation originating or terminating outside the
state or the United States.
(26) Interstate Driver: A CDL holder authorized to cross state lines and transport interstate commerce
while operating a CMV.
(27) NDR: National Driver Register maintains the national database of driver histories. Each
applicant's driving history shall clear NDR prior to the issuance of a CDL.
(28) Non - Profit: An organization filing with the United States Code 26USC Section
501(c).
(29) CDL Passenger Vehicle: For the purposes of these rules a passenger vehicle designed to transport
16 or more passengers, including the driver.
(30) Paved Vehicle Control Testing Area: For the purpose of these rules, a paved testing area is a
surface made up of materials and adhesive compounds of a sufficient depth and strength prepared to
provide a durable, solid, smooth surface upon which an applicant will demonstrate basic vehicle
control skills.
(3 1) Public Transportation Entity: A mass transit district, mass transit authority, or any other public
entity authorized under the laws of this state to provide transportation services to the general public.
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(32) Representative Vehicle: A motor vehicle, that represents the group or type of motor vehicle that an
applicant operates or expects to operate.
(33) Restrictions: Prohibits the operation of certain types of vehicles or restricts operating a CMV
within designated boundaries.
(34) Salaried: A paid employee.
(35) USDOT: United States Department of Transportation.
(36) Vehicle Test Area Marking: The paved testing area will be painted to delineate boundaries for each
of the vehicle control skill tests. The area provides a defined test area with traffic cones placed
according to Department standards.
D. APPLICANT LICENSING REQUIREMENTS
(1) Each applicant for a CDL or instruction permit shall be a resident of Colorado, at least 18 years of
age, and comply with the testing and licensing requirements of the Department.
(a) The CDL and instruction permit will indicate the class of license, any endorsements and
any restrictions for that individual driver. The CDL is valid for the operation of a non -
CMV including a motorcycle with the appropriate motorcycle endorsement on the
license.
(b) A valid CDL may be transferred from another state authorized to issue a CDL.
(2) Prior to the issuance of a CDL or instruction permit, each applicant shall provide evidence of his/her
social security number (SSN) in accordance with Department procedures.
(3) Each applicant shall meet the medical and physical qualifications under FMCSR Part 391.41 * and
have this examination verified on a DOT medical examination form. Unless the following exceptions
apply, each driver shall carry this medical examination form or the medical examiner's certificate on
his/her person when operating a CMV:
(a) Individuals holding a waiver issued by the Colorado State Patrol or the FMCSA.
(b) Those who are exempted under FMCSR Part 391.2* for an individual engaged in farm
custom operations; custom harvesting; transporting farm machinery, supplies or both; and
certain farm vehicles.
*Matter incorporated by reference.
E. ENDORSEMENTS
(1) T- Double/Triple Trailers: Required to operate a CMV used for drawing two or more vehicles or
trailers with a GCWR that is 26,001 lbs. or more and combined GVWR of the vehicles being towed
are in excess of 10,000 lbs.
(2) P- Passenger: Required to operate a vehicle designed by the manufacturer to transport 16 or more
passengers, including the driver.
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(3) N -Tank Vehicles: Required to operate a vehicle to haul liquid or liquid gas in a permanently mounted
cargo tank rated at 119 gallons or more or a portable tank rated at 1,000 gallons or more.
(4) H- Hazardous Materials: Required to transport materials that require the motor vehicle to display a
placard under the hazardous materials regulations.
(5) S- School Buses: Required to operate a school bus used to transport public, private, parochial or any
other type of pre - primary, primary, or secondary students from home to school, from school to home
or to and from school sponsored events.
(6) X- Combination Tank/Hazmat: Required to operate vehicles that meet the definition of (3) and (4).
F. RESTRICTIONS
(1) Intrastate: The letter "K" is added to the CDL of a driver between the ages of 18 through 20, and/or
a driver who has been issued a valid medical waiver from the Colorado State Patrol. Under this
CDL restriction, the driver shall not:
(a) Operate a CMV outside the state boundaries;
(b) Transport interstate commerce as defined in the FMCSR 390.5 *; or
(c) Transport hazardous materials requiring a placard or commodities with a hazard
class or subject to the "poison by inhalation hazard" shipping description.
* Matter incorporated by reference.
(2) Air brake: The letter "L" is added to the CDL of an individual restricted from operating vehicles
equipped with air brakes. Air - over - hydraulic or assisted brake systems are not considered full air
brake systems.
(a) The "L" restriction is removed by successfully completing the air brake knowledge test
and the driving skill test's in a vehicle equipped with air brakes and is representative of
the vehicle class.
(b) Before taking the driving skill tests in a vehicle equipped with air brakes, the individual
shall have in his/her possession a CDL permit without the "L" restriction.
(3) No Tractor Trailer: The letters No Trctr Trlr, restrict operation of a truck tractor unit (laden or
unladed) designed and used to draw a semi - trailer or tractor. A "NO TRCTR TRLR" will be placed
on the Class A CDL restricting the driver from operating a Class A vehicle with a power unit that
has a GVWR of 26,001 lbs. or more.
(a) The "NO TRCTR TRLR" restriction can be removed by successfully completing the
driving skill tests in a Class A vehicle with a power unit that has a GVWR of 26,001 lbs.
or more.
(b) Before taking the driving skill tests in a Class A vehicle with a power unit that has a
GVWR of 26,001 lbs. or more, the driver shall have in their possession a CDL Instruction
permit without the "NO TRCTR TRLR" restriction.
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G. EXEMPTIONS
(1) FMCSR Part 383.3. Applicability authorizes the state to grant certain groups exceptions from the
CDL requirements.
(a) FMCSR — Part 383.3 (c): Exception for certain military drivers.
(b) FMCSR — Part 383.3 (d)(1 and 2): Exception for farmers and firefighters are applicable
to CRS 42 -2-402 (4)(b)(III) and (IV).
(c) FMCSR — Part 383.3 (d)(3): Exception for drivers removing snow and ice.
(d) FMCSR— Part 383.3 (f): Restricted CDL for certain drivers in farm- related service
industries.
(2) FMCSR Part 391.2 specifies the exceptions to the physical qualifications for individuals engaged in
custom harvesting operations in FMCSR 391.2 *.
* Matter incorporated by reference.
H. ENTITY ELIGIBLE TO APPLY FOR A TESTING UNIT LICENSE
(1) The Department may authorize a testing unit to administer the CDL driving skill tests on behalf of the
Department if such training and testing is equal to the training and testing of the Department.
(2) Enter into a written contract with the Department and agree to:
(a) Maintain an established place of business in Colorado with a vehicle fleet of no less than
three CMV's owned, leased or registered to the testing unit, the business owner or an
employee of the business; or
(b) Maintain an adult education occupational business license with the Division of Private
Occupational School, a division of the Colorado Department of Higher Education; or
(c) Be an agency of government, public school district, private or parochial school or other
type of pre - primary, primary, or secondary school transporting students from home to
school or from school to home.
I. TESTING UNIT REQUIREMENTS
(1) An entity shall apply for and receive a CDL testing unit license from the Department in order to
administer CDL driving skill tests for the licensing period. The CDL testing license expires on
June 30' of each year. The license(s) for both the testing unit and driving tester(s) shall be
displayed in the place of business.
(a) Testing unit license fees are: $300.00 initial license; $100.00 annual renewal fee;
(b) Driving Tester License fees are: $100.00 initial license; $50.00 annual renewal fee;
(c) Driving tester license transfer fee: $50.00. Transferring from one unit to another within
six months of leaving a unit.
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(d) Fees are waived for units and testers that only provide public transportation.
(e) Public transportation units that test outside of their unit and do not provide public
transportation only, shall submit the appropriate fees.
(f) If a license is not renewed on or before June 30` of each year, the initial fees will apply.
Unit and driving tester license(s) may be suspended or inactivated until appropriate fees
and documentation are submitted.
(g) Licenses can be renewed 60 days prior to June 30 of each year.
(2) Testing units shall only test with a valid license issued by the Department.
(3) Testing units shall ensure that each driving tester has a valid license issued by the Department to
administer CDL driving skill tests.
(4) The testing unit shall notify the Department in writing within 3 working days of the termination or
separation of any driving tester.
(5) The place of business shall be a separate establishment and may not be part of a home. The CDL
testing unit shall comply with city zoning and code requirements. The unit's physical address shall
not be a post office box.
(6) The testing unit shall have written permission from the landowner to administer the CDL vehicle
basic control tests on areas not owned by the testing unit. This written permission shall be
submitted to the Department for approval prior to testing.]
(7) The testing unit shall maintain at least one salaried employee who is licensed and designated as a
CDL driving tester.
(8) The testing unit shall ensure that the unit's driving tester(s) administer the CDL driving skill tests as
outlined by Department.
(9) The testing unit shall ensure that the unit's driving tester(s) complete all CDL Third Party Testing
forms correctly.
(10) The testing unit shall ensure that the unit's driving tester(s) administer the CDL driving skill tests to
drivers in the vehicle class and/or endorsement(s) that the driver has on his or her instruction permit
or CDL.
(11) The testing unit is responsible for ensuring that the testers attend all mandated training provided by
the CDL Compliance Section. Failure of the tester to attend scheduled training may result in the
suspension of testing privileges.
(12) The testing unit shall submit a weekly testing schedule to the CDL Compliance section. This weekly
testing schedule will start on Monday and conclude on Sunday. Weekly schedules shall be
submitted by electronic mail or faxed no later than the Friday prior to the week of testing. The
weekly testing schedule shall include the: unit's name, unit's number, the driver's name, tester's
number, location, date and time of test. The CDL Compliance section shall be notified of all
canceled tests at least four (4) hours prior to the scheduled test or as soon as the testing unit or
driving tester is aware of the change.
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(13) Driving testers within a testing unit shall administer a minimum of four (4) complete CDL driving
skill tests during the previous licensing period to be eligible for renewal.
(14) The testing unit shall ensure that the unit's driving tester only issues the Colorado CDL Driving
Skill Test Completion form for the class of vehicle that the applicant has successfully completed the
driving skill test.
(15) The testing unit will allow CDL driving skill tests only on Department approved testing areas and
routes.
(16) All three portions of the CDL driving skill tests shall be conducted during daylight hours.
(17) The testing unit shall enter into an agreement with the Department containing, at a minimum,
provisions that:
(a) allow the FMCSA, the Department and their representatives to conduct random
inspections and audits without prior notice;
(b) require the Department to conduct on -site inspections at least annually;
(c) require all driving testers to meet the same training and qualifications as state examiners,
to the extent necessary to conduct CDL driving skill tests in compliance with these rules
and regulations;
(d) Required that, at least on an annual basis, Department employees shall take the tests
administered by the testing unit as if the state employee were a test applicant, or the
Department shall test a sample driver(s) who was tested by the third party to compare
pass -fail results; and
(e) Allow the Department the right to take prompt and appropriate remedial action against
any testing unit or driving tester when such driving tester fails to comply with
Department or federal standards or any other items of the contract or the rules and
regulations.
(f) Ensure driving testers that test outside of their unit obtain the AAMVA CDL third party
tester certification by December 31 of each year, as required by the Department.
AAMVA membership fees are the responsibility of the driving tester.
(18) Charge fees only in accordance with 42- 2-406, CRS. A tester and a testing unit shall only charge
for tests administered.
(a) The fees for the administration of driving skill tests for commercial drivers shall not
exceed the sum of one hundred seventy -five dollars.
(b) The fees for the administration of driving skill tests for commercial drivers to any
employee or volunteer of a nonprofit organization that provides specialized transportation
services for the elderly and for persons with disabilities, to any individual employed by a
school district, or to any individual employed by a board of cooperative services shall not
exceed one hundred dollars.
(c) The fees for the administration of a retest for a commercial driver after failing all or any
of the driving tests shall not exceed one hundred seventy -five dollars.
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(d) The fees for the administration of a retest for a commercial drivers to any employee or
volunteer of a nonprofit organization that provides specialized transportation services for
the elderly and for persons with disabilities, to any individual employed by a school
district, or to any individual employed by a board of cooperative services shall not exceed
one hundred dollars.
(19) Make all CDL testing records available for inspection during regular business hours.
(20) Hold the state harmless from liability resulting from the administration of the CDL program.
(21) Make annual application for renewal of the unit's testing license and individual tester license(s)
before the license expires on June 30` of each year.
J. DRIVING TESTER REQUIREMENTS
(1) The driving tester shall possess a valid USDOT medical card and a valid CDL with the appropriate
class and endorsement(s) to operate the vehicle(s) in which the CDL driving skill tests are
administered.
(2) The driving tester shall conduct the full CDL driving skill tests in accordance with Department
procedures and shall use state grading forms.
(3) The driving tester shall administer all portions of the CDL driving skill tests in English.
(4) Interpreters are not allowed for any portion of the driving skill tests.
(5) The driving tester agrees as part of the application to hold the State harmless from the liability of
CDL driving skill testing.
(6) The driving tester shall test in the CDL class of vehicle or endorsement(s) group authorized by the
Department.
(7) Prior to administering the CDL driving skill tests, the tester shall ensure that the applicant has in
his/her immediate possession, a current USDOT medical card, a current CDL instruction permit or
a current CDL for operating the class and endorsement(s) of vehicle being used for testing.
(8) The driving tester shall ensure that the vehicle that the CDL Skill tests will be administered in shall
be in proper working and mechanical order.
(9) A driving tester removed from performing a safety sensitive function, shall not perform any
functions under the CDL Third Party Testing Program.
(10) The vehicle inspection, the basic vehicle control skills and the on -road driving tests shall be
administered by the same tester in sequential order with no more than a 15- minute break between
each test and the road test. Tests shall be scheduled to avoid the lunch break.
(11) The driving tester shall be employed by a licensed testing unit prior to attending a new CDL Third
Party tester's training class.
(12) The driving tester may only administer the CDL driving skill tests on a test area and route that has
been approved by the Department. With prior approval from the Department, a driving tester may
use an alternate test area and route that has been approved by the Department.
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(13) The driving tester shall inform the applicant that he /she maybe randomly selected for a retest as
mandated by the FMCSR 383.75(a)(2)(iv) *. The driving tester shall ensure that the applicant reads
and signs the DR2736 (Colorado CDL Driving Skill Test Completion form).
* Matter incorporated by reference.
(14) The driving tester may administer CDL driving skill tests as an employee of, and on behalf of, the
licensed testing unit. The driving tester may administer tests for more than one unit. However the
driving tester shall be licensed under each unit to conduct testing on his/her behalf. The tester shall
keep all CDL records separate for each testing unit. License fees shall apply.
(15) If an applicant fails any portion(s) of the CDL driving skill tests they shall return on a different day
and perform all three (3) portions of the test over.
(16) The driving tester shall administer at least four (4) complete CDL driving skill tests within the
twelve -month period preceding the application for renewal from the Department.
(17) The driving tester shall verify the identity of the driver by comparing the photo on a drivers' license
with the driver.
(18) Upon leaving a testing unit, the driving tester's license may be transferred to another testing unit
within 6 months. If the tester is not employed at a licensed testing unit within 6 months, the tester
will be required to attend a new tester training class to be licensed by the Department. All training
and license fees shall apply and are the responsibility of the tester.
(19) The driving tester cannot administer CDL tests to a driver that he /she has trained within the same
day.
K. COURSE AND ROUTE REQUIREMENTS
(1) A testing unit shall have a paved area for the CDL vehicle inspection; vehicle control skill testing
that is large enough to administer all of the required CDL control maneuvers. These include:
(a) Solid painted lines and traffic cones shall be used to mark the testing boundaries in
accordance with Department standards.
(i) Traffic cones used to mark the test boundaries shall be a minimum of twelve
inches in height and the same size traffic cones shall be used for each maneuver.
Traffic cones shall be replaced when they are no longer retaining the original
shape and color.
(b) The vehicle control testing area shall be cleared to a condition that allows the applicant to
readily determine the boundary lines and cones during the test.
(i) The testing area boundaries shall be cleared of snow, debris, or vehicles that
would obstruct the applicant's view during the vehicle control maneuvers.
(ii) Testing on dirt, sand or graveled area is not allowed.
(c) The testing unit shall request and receive approval from the Department for any
change(s) to the approved road test route prior to administering a CDL road test.
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L. RIGHTS
(1) The driving tester may refuse to test an applicant. The tester shall notify the CDL Compliance
section if an applicant is refused a test and refer that applicant to the CDL Compliance Section.
(2) Governmental driving testers who want to test outside of their own unit shall request, in writing,
and receive approval from the CDL Compliance Section prior to administering CDL tests.
M. RECORDING AND AUDITING REQUIREMENTS
(1) An applicant who has successfully completed the driving skill tests shall be issued the "Colorado
CDL Driving Skill Test Completion" form (DR 2736). The testing unit will retain the carbon copy
of this form and attach it to all of the applicant's score form(s) for the testing unit's records. This
form is not authorization to the driver to drive unsupervised.
(2) The CDL Compliance Section shall be notified in writing after an applicant fails the road test
portion of the driving test. All failures shall be reported on the monthly report and testers shall fax
or send electronically the failed road test (front and back) score form to the CDL Compliance
Section no later than 5 p.m. of the following business day.
(3) The testing unit shall maintain all pass /fail records for three years. These will include the CDL
driving skill testing records for each driver tested, the dates of the testing, the applicant's
identification information, the vehicle information and the name and state assigned tester number
who administered the test. If a testing unit becomes unlicensed, the unit shall return all testing
records to the Department within 30 days.
(4) A testing unit shall prepare and submit a monthly report of testing results to the Department. The
report shall include: the unit's name, the unit's number, the name of each applicant tested, CDL
permit Number, endorsements (H, X, P), the length of time it took to administer the test (i.e. start
and completion time), and the pass /fail results. These reports shall be submitted to CDL
Compliance Section by the fifth day of each month
(a) After three years, testing units may destroy all pass/fail records (shred, burn).
(5) During CDL compliance audits and/or inspections, driving testers shall cooperate with the
Department and FMCSA, by allowing access to testing areas and routes, furnishing driving skill
testing records and results, and other items pertinent to the mandated inspection. The tester must
surrender testing records upon request. The tester may make copies and retain copies of such
records.
(6) If the testing unit provided the vehicle for the initial test, the testing unit will furnish the vehicle for
a driver selected for a retest. No fees, including any vehicle rental fees required for testing will be
collected for this mandatory evaluation. The Department shall not be held liable during retests for
any damage, injury or expense incurred.
(7) If the driver tested in his/her own vehicle, the driver selected shall supply the vehicle for the test.
(8) The testing unit will not be authorized to conduct any further testing if the CDL Compliance
Section determines that the testing unit is not cooperating with the audit requirements.
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N. BOND
(1) A testing unit that is not an agency of government, or any Colorado school district, shall maintain a
bond in the amount of $20,000.00 with the Department. A surety company authorized to do
business within the State of Colorado shall execute the bond.
(a) The bond shall be for the use and benefit of the Department in the event of a monetary
loss within the limitations of the bond, attributable to the willful, intentional or negligent
conduct of the testing unit or its agent(s) or employee(s).
(b) If the amount of the bond is decreased or terminated, or if there is a final judgment
outstanding on the bond, the testing unit's license shall be suspended. The suspension
shall continue until satisfactory steps are taken to restore the original amount of the bond
required by the Department.
(2) A testing unit that is an agency of government, or any Colorado school district, that will administer
CDL driving tests outside of their unit, shall maintain a bond in the amount of $5,000.00 with the
Department. A surety company authorized to do business within the State of Colorado shall execute
the bond.
(a) The bond shall be for the use and benefit of the Department in the event of a monetary
loss within the limitations of the bond, attributable to the willful, intentional or negligent
conduct of the testing unit or its agent(s) or employee(s).
(b) If the amount of the bond is decreased or terminated, or if there is a final judgment
outstanding on the bond, the testing unit's license shall be suspended. The suspension
shall continue until satisfactory steps are taken to restore the original amount of the bond
required by the Department.
O. ETHICAL REQUIREMENTS FOR THIRD PARTY TESTING UNITS
(1) No advertisement shall imply that a unit can issue or guarantee the issuance of a CDL.
(2) No advertisement shall imply that the unit has any influence over the Department in the issuance of
a license.
(3) No tester, employee, or agent for the testing unit will be permitted to solicit on the premise of a
Colorado State Driver License Office.
(4) No test can be administered unless the applicant is present.
(5) A fee cannot be collected unless an applicant is present.
P. REVOCATION, CANCELLATION OR SUSPENSION OF TESTING UNITS AND TESTERS.
(1) The license of a testing unit or driving tester may be suspended or revoked for willful or negligent
actions that may include but are not limited to any of the following:
(a) Misrepresentation on the application to be a testing unit or driving tester;
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(b) Improper testing and certification of an applicant who has applied for a CDL;
(c) Falsification of test documents or results;
(d) Violations of the provision of the CDL rules related to the testing unit and driving testers;
(e) Failure to employ a minimum of at least one licensed CDL tester;
(f) Willful action to avoid or the refusal to cooperate in a CDL Compliance audit and record
review; and
(g) Violations of the contract terms and conditions; and
(h) For cause.
(2) Summary Suspension: The Department may issue an immediate cease testing notice if it has
reasonable grounds to believe that a testing unit or driving tester has deliberately and willfully
violated the provisions of these rules or the law, or that the public health, safety or welfare
imperatively requires emergency action. The cease testing notice shall operate as a summary
suspension of the license, and testing shall not be permitted until the issue is resolved. The notice
shall state the reason(s) for the order, shall offer the tester or testing unit a hearing, and shall be sent
to the tester or testing unit at issue. If the tester or testing unit requests a hearing, proceedings for
suspension or revocation of the license shall be promptly instituted and determined.
(3) Appeal Process: A testing unit or driving tester may contest a cease testing notice, notice of
suspension or a notice of violation by requesting a hearing. The request must be submitted in
writing and appropriately labeled, such as "CDL Cease Testing Appeal," to the Department of
Revenue, Hearings Division, 1881 Pierce Street, Room 106, Lakewood, Colorado, 80214.
Subsequent appeal may be had as provided by law.
(4) Material incorporated by reference in this rule does not include later amendments to or editions of
the incorporated material. Copies of the material incorporated by reference may be obtained by
contacting the Division of Motor Vehicles, Division of MCS of the Department of Revenue, 1881
Pierce Street, Room 118, Lakewood, Colorado, 80214, 303 - 205 -5600, and copies of the materials
may be examined at any state publication depository library.
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Attachment A
LAND USE AUTHORIZATION
The land used for the purposes of driver skill testing not owned by the CDL Testing Unit shall require
written permission from the respective landlord or land owner on this form and submit to the CDL
Compliance Section for approval prior to driver skill testing.
This certification confirms that
Landowner (print)
is the property owner of the land located at:
Property address
This property will be used for the purposes of CDL driver skill testing and access to the testing area will
be granted to the CDL Compliance Section for inspection at any time.
grants permission to
Landowner (print) Landowner Representative (print)
for the purposes of
CDL Testing Unit name
administering the CDL driving skills test and State inspections.
Landowner Representative (signature) Phone # Date
This authorization expires on
(Date, if applicable)
For: CDL Compliance Section
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Attachment B
Colorado Third Party Testing
Professional Code of Ethics
It shall be the guiding purpose and the individual duty of every licensed Third Party Testing unit and
Tester to:
RECOGNIZE that this is a position of highest public trust, and that many people depend upon the
wisdom of your decisions.
IMPARTIALLY administer all official duties without regard to race, gender, creed, national origin,
position or influence.
CONDUCT all examinations in a manner reflecting their importance to public safety.
SERVE the public with all possible promptness and courtesy.
REJECT all presents and favors from applicants or others relating to your official duties.
CONVEY only authorized information to the public.
SERVE people with disabilities in an impartial manner.
WORK only by official testing standards -- never substituting personal ideas for prescribed methods.
MAINTAIN professional appearance and demeanor.
INTERACT professionally with co- workers, supervisors, medical and vision specialists, and other
professionals.
MAINTAIN awareness of developments in the safety related field.
UPHOLD the honor and dignity of the profession, by reporting any fraudulent activities.
CARRY out all duties not specifically covered by this code with the safety and welfare of the public as
the controlling motive.
\n 25 6/2/2009 \n
7- 2 -25 \n
Attachment C
OPTION LETTER No.
(Date) , Fiscal Year (`FY ")
In accordance with Section of the Contract dated (Contract Routing No.
) , between the State of Colorado, Department of Revenue, and
(CDL Testing Unit's Name), DOR
hereby exercises the option for an additional () year's performance period from
20_ through 20
State of Colorado:
Bill Ritter, Jr., Governor
By:
For the Executive Director
Colorado Department of Revenue
Date:
\n 26 6/2/2009 \n
7- 2 -26 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Information Update.
a. Arosa Drive Duplex Update.
b. 2009 November Election Options.
PRESENTER(S): Pam Brandmeyer
ATTACHMENTS:
Arosa Drive Duplex
1 st Quarter Investment Report
05.22.09 Ford Park Improvements Memorandum
Ford Park Consultant Selection
\n 6/2/2009 \n
MEMORANDUM
TO: Vail Town Council
FROM: Vail Local Housing Authority
Community Development Department
DATE: June 2, 2009
SUBJECT: Arosa Drive Duplex Request for Proposals Responses
On May 5, 2009, Town Council authorized the issuance of a Request for Proposals
(RFP) to construct a duplex on the Town owned lot at 2657 Arosa Drive. The RFP was
issued on May 6, 2009.
Fourteen (14) responses were received and reviewed by both the Vail Local Housing
Authority (VLHA) and Staff. The following is an alphabetical list of the teams that
responded to the RFP.
Burke Harrington Construction JJP Companies
CHC Mountain Structures J.L. Viele Construction
Contract One Plan B Builders
Dantas Builders, Inc. R.A. Nelson
Evans Chaffee Construction Group Thrasher, LLC
George Shaeffer Construction Woodstone Homes
Gregg & Co Builders Vail Custom Builders
Each RFP response was reviewed and discussed by the VLHA at its May 26, 2009,
meeting. Based upon that review and discussion, the VLHA and Staff believe the
following teams have the experience necessary to develop the duplex and additionally
they submitted the most complete responses to the RFP. The thoroughness of the
responses allowed the VLHA and Staff to better understand the scope and expectations
each team had related to the duplex. The VLHA and Staff have invited the following six
teams to proposed interviews where the respondents will present their proposals and
answer questions raised during the review of the proposals.
➢ Evans Chaffee Construction Group and RKD Architects
➢ George Shaeffer Construction and Snowdon & Hopkins Architects
Gregg & Co Builders and O'Bryan Partnership, Inc.
➢ J.L. Viele Construction and Vail Architecture Group
➢ R.A. Nelson and GPSL Architects
➢ Vail Custom Builders and Martin Manley Architects
The VLHA is scheduled to forward a recommendation to the Town Council of which
team should be selected to construct the proposed duplex 2657 Arosa Drive at the Town
Council's June 16, 2009, public hearing.
All proposals are available for inspection at the Community Development office during
normal business hours.
\n 6/2/2009 \n
8 -1 -1 \n
TOWN OF VAIL MEMORANDUM
TO: Stan Zemler
Council Members
FROM: Kathleen Halloran
DATE: 1 st Qtr 2009
RE: Investment Report
Enclosed is the investment report with balances as of March 31, 2009.
The estimated average yield for the pooled cash fund is .82 %. As of
3/31/09, the Treasury yield curves for 3 months, 6 months, and 1 year are .22 %, .43 %,
and .64% respectively. TOV investments performed above these yields.
Our investment mix follows the policy objectives of safety, liquidity, and yield in that order.
2009 Investment Mix
$6.6M
Gov't
$5.7M Securities, 10%
Cash, 8% $1.9M
CD's, 3%
$54.1 M
Colorado
Investment
Pool, 79%
Other than transfer of funds for operating uses, the Town did not change banking institutions
or investment products during the 1 st quarter of 2009.
Please call me if you have any questions.
Town of Vail, Colorado
Investment Report
Summary of Accounts and Investments
As of 3/31/09
2009
Balances Percentage
Cash 03/31/09 of Total
Commercial Banks $5,598,086 8.19%
Money Market Funds $122,680 0.18%
Total Cash $5,720,766 8.37%
U.S. Government Securities (see page 5)
Government Agency Seurities -Piper Jaffray $4,592,779 6.72%
FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana $2,061,352 3.02%
Total Government Securities $6,654,131 9.74%
Certificates of Deposit $1,880,352 2.75%
Colorado Investment Pools $54,073,072 79.14%
Total Portfolio $68,328,320 100.0%
Maturing Within 12 Months $63,735,541 93.28%
Maturing Within 24 Months $1,322,249 1.94%
Maturing After 24 Months $3,270,530 4.79%
$68,328,320 100.0%
Performance Summary
as of 3/31/09
Institution Average Balances
Type of Accounts Return 03/31/09
"CASH "ACCOUNTS
Commercial Bank Accounts:
First Bank of Vail - Operating
Interest 0.130% $5,598,086
Money Market Accounts:
Schwab Institutional Money Market Fund - Dana Investments
Interest and Balance 1.070% $22,490
Vail Super Now Public Funds Account - Piper Jaff ray
Interest and Balance 0.900% $100,190
Total Money Market Funds $122,680
Total "Cash" Accounts $5,720,766
GOVERNMENT SECURITIES (see pg 5)
Government Agency Seurities -Piper Jaff ray 3.70% $ 4,592,779
FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 4.72%_ 2,061,352
$ 6,654,131
Total Government Securities $ 6,654,131
CERTIFICATES OF DEPOSIT
U.S. Bank, Vail Colorado Matures Sept 10, 2009 3.350% 620,277
Alpine Bank, Vail Colorado ( #19750) Matures Sept 7, 2012 4.400% 592,210
Alpine Bank, Vail Colorado ( #19751) Matures Sept 7, 2010 4.100% 667,865
1,880,352
Total Certificates of Deposit $ 1,880,352
LOCAL GOVERNMENT INVESTMENT POOLS
Colotrust General Fund
Interest 0.400% $54,073,072
Total Local Government Investment Pools Accounts $54,073,072
Total All Accounts $68,328,320
Government Securities
as of 3/31/09
Days/Years
Int Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
** *Federal Agency Discount Notes & Bonds * **
FHLB 3133XR -QN -3 Piper Jaffray 3.450% 3.480% 10/24/2008 1/25/2010 1.3 $306,189
FHLMC3128X7QR8 Piper Jaffray 2.990% 3.010% 5/21/2008 2/22/2010 1.8 $0
FFCB 31S -TD -5 Piper Jaffray 4.440% 4.490% 7/22/1905 4/5/1910 4.7 $258,985
FHLB 3133XR2K5 Piper Jaffray 3.120% 3.140% 4/29/2008 5/5/2010 2.0 $250,548
FHLMC 3128X7PE8 Piper Jaffray 3.160% 3.180% 4/29/2008 5/12/2010 2.0 $255,903
FNMA3136F9NP4 Piper Jaffray 3.340% 3.370% 8/2/2008 11/8/2010 2.3 $250,625
FHLB3133XR -NN -6 Piper Jaffray 4.320% 4.360% 11/5/2008 7/1/2011 2.7 $403,252
FNMA 3136F9JW4 Piper Jaffray 3.360% 3.370% 2/26/2009 10/21/2011 2.6 $500,625
FHLB 31331 GGQ6 Piper Jaffray 2.980% 2.980% 1/13/2009 12/15/2011 2.9 $503,440
FHLB3133XKHR9 Piper Jaffray 5.190% 5.240% 11/13/2008 4/17/2012 3.4 $400,752
FHLB3133XMEF4 Piper Jaffray 4.860% 4.900% 6/19/2008 10/1/2012 4.3 $509,690
FHLB 3133XP3C6 Piper Jaffray 3.920% 3.910% 12/12/2008 1/29/2013 4.1 $184,106
FHLB 3133XKDM4 Piper Jaffray 4.900% 4.900% 2/26/2009 4/5/2013 4.1 $519,530
FNMA 31398ARC8 Piper Jaffray 4.050% 4.050% 2/5/2009 5/6/2013 4.2 $249,136
Average Yield 3.70% $4,592,779
Days/Years
Interest Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
* * *FNMA'S, ARM'S & SBA'S * **
FNMA Dana 5.000% 5.0% 23- Jan -06 23- Jan -09 3.0 -
SBA 500463V -Q Pooled - Dana 7.625% 3.2% 1- Aug -88 25- Jan -13 24.5 $2,509
SBA 502647V -Q Pooled - Dana 8.475% 4.0% 1- Jul -94 25- Jun -19 25.0 $9,577
SBA 504417V -Q Pooled - Dana 8.000% 3.5% 1- Feb -99 25- Feb -24 25.1 $3,721
SBA 505536V -M Pooled - Dana 7.875% 3.0% 1- Aug -01 25- Jun -26 24.9 $25,732
GNMA 8417 Pooled - Dana 5.125% 4.1% 1- Oct -88 20- Oct -18 30.1 $4,033
GNMA 8703 Pooled - Dana 4.750% 4.6% 1- Sep -95 20- Sep -25 30.1 $1,233
GNMA 8720 Pooled - Dana 5.125% 4.1% 30- Sep -95 20- Oct -25 30.1 $1,230
GNMA 8788 Pooled - Dana 5.375% 5.3% 1- Jan -96 20- Jan -26 30.1 $1,078
GNMA 80426 Pooled - Dana 4.500% 4.6% 21- Jul -00 20- Jul -30 30.0 $11,331
GNMA 80593 Pooled - Dana 5.375% 5.3% 1- Apr -02 20- Apr -32 30.1 $6,305
GNMA 80710 Pooled - Dana 5.625% 4.6% 1- Jul -03 20- Jul -33 30.1 $11,561
FNMA 462382 Pooled - Dana 6.141% 5.9% 1- Sep -07 1- Oct -16 9.1 $76,732
FNMA 555921 Pooled - Dana 4.483% 4.8% 1- Oct -03 1- Sep -35 31.9 $47,489
FNMA 422251 Pooled - Dana 5.589% 4.8% 1- Dec -95 1- Jan -21 25.1 $60,622
FNMA 334439 Pooled - Dana 6.200% 5.7% 1- Dec -95 1- Apr -24 28.4 $5,837
FNMA 520790 Pooled - Dana 6.077% 5.6% 1- Jun -00 1- Apr -28 27.9 $8,597
FNMA 546468 Pooled - Dana 5.563% 5.1% 24- May -00 1- Jun -28 28.0 $5,039
FNMA 535326 Pooled - Dana 5.263% 4.9% 26- Jun -00 1- Jun -28 28.0 $6,454
FNMA 323798 Pooled - Dana 5.749% 4.7% 1- Dec -99 1- May -29 29.4 $2,251
FNMA 576517 Pooled - Dana 6.165% 4.9% 1- Mar -01 1- Feb -30 28.9 $1,269
FNMA 567875 Pooled - Dana 6.336% 5.7% 1- Dec -00 1- Sep -30 29.8 $5,789
FNMA 593941 Pooled - Dana 6.010% 5.8% 1- Dec -01 1- Dec -30 29.0 $21,940
FNMA 545057 Pooled - Dana 5.487% 5.1% 1- May -01 1- May -31 30.0 $1,228
FNMA 650970 Pooled - Dana 5.118% 5.1% 1- Aug -01 1- Jul -32 30.9 $8,237
FNMA 555378 Pooled - Dana 5.120% 4.8% 14- May -08 1- Apr -33 24.9 $100,303
FNMA 709092 Pooled - Dana 5.085% 5.1% 1- Jun -03 1- Jun -33 30.0 $13,429
FNMA 723661 Pooled - Dana 5.025% 5.0% 1- Jul -03 1- Jul -33 30.0 $3,973
FNMA 761737 Pooled - Dana 6.488% 4.5% 16- May -05 1- Dec -33 28.6 $18,406
FNMA 725462 Pooled - Dana 5.688% 5.3% 1- Apr -04 1- Jan -34 29.8 $13,701
FNMA 745160 Pooled - Dana 5.763% 4.9% 1- Dec -05 1- Mar -34 28.3 $38,932
FNMA 791573 Pooled - Dana 5.057% 5.1% 1- Jul -04 1- Aug -34 30.1 $8,107
FNMA 888321 Pooled - Dana 5.737% 4.4% 1- Mar -07 1- Aug -34 27.3 $67,689
FNMA 849207 Pooled - Dana 6.340% 4.4% 1- Jan -06 1- Jan -36 30.0 $58,762
FNMA 888710 Pooled - Dana 5.374% 4.7% 1- Sep -07 1- Jul -36 28.9 $62,467
Government Securities
as of 3/31/09
Days/Years
Int Rate Purchase Maturity to Maturity Market
Agency Broker Coupon Yield Date Date at Purchase Value
FNMA 893933 Pooled - Dana 5.209% 4.4% 1- Sep -06 1- Oct -36 30.1 $69,770
FNMA 555624 Pooled - Dana 5.366% 4.9% 1- Jun -03 1- Mar -38 34.8 $9,460
FNMA 735967 Pooled - Dana 6.107% 4.4% 1- Sep -05 1- Mar -38 32.5 $15,189
FNMA 888386 Pooled - Dana 5.623% 4.6% 1- Apr -07 1- Mar -38 30.9 $113,733
FNMA 888618 Pooled - Dana 5.799% 4.7% 1- Jul -07 1- Mar -38 30.7 $41,116
FNMA 995451 Pooled - Dana 4.581% 4.7% 12- Feb -09 1- May -38 29.2 $137,321
FNMA 557073 Pooled - Dana 4.255% 3.5% 1- Sep -00 1- Jun -40 39.8 $8,003
FNMA 110540 Pooled - Dana 5.150% 5.1% 1- Nov -90 1- May -20 29.5 $7,968
FNMA 327446 Pooled - Dana 5.747% 4.8% 1- Oct -95 1- Aug -22 26.9 $5,022
FNMA 868877 Pooled - Dana 5.191% 4.4% 1- Apr -06 1- Apr -36 30.0 $56,522
FNMA 701045 Pooled - Dana 4.830% 4.8% 1- Apr -03 1- Apr -33 30.0 $107,578
FNMA 848390 Pooled - Dana 3.755% 4.0% 12- Feb -09 1- Dec -35 26.8 $148,659
FHLMC 775572 Pooled - Dana 5.594% 4.7% 1- Sep -94 1- Jun -24 29.8 $30,373
FHLMC 865469 Pooled - Dana 6.440% 6.2% 1- Dec -95 1- Aug -25 29.7 $1,502
FHLMC 755344 Pooled - Dana 5.160% 5.1% 1- May -00 1- Mar -28 27.9 $3,959
FHLMC 645235 Pooled - Dana 6.340% 5.2% 1- Jul -00 1- Mar -29 28.7 $2,742
FHLMC 846784 Pooled - Dana 5.576% 4.9% 1- Jul -00 1- May -29 28.9 $3,542
FHLMC 786867 Pooled - Dana 5.970% 4.1% 1- Nov -99 1- Aug -29 29.8 $3,489
FHLMC 846956 Pooled - Dana 6.446% 5.0% 1- Nov -01 1- Nov -31 30.0 $2,750
FHLMC 847166 Pooled - Dana 5.092% 4.8% 1- Jul -03 1- Aug -33 30.1 $7,903
FHLMC 847359 Pooled - Dana 6.072% 4.5% 1- Dec -04 1- Dec -34 30.0 $9,970
FHLMC 782526 Pooled - Dana 4.509% 4.5% 1- Apr -05 1- Apr -35 30.0 $128,636
FHLMC 848000 Pooled - Dana 4.665% 4.6% 1- Sep -08 1- Feb -36 27.4 $129,240
FHLMC 847629 Pooled - Dana 6.092% 4.9% 1- Oct -06 1- Sep -36 29.9 $33,411
FHLMC 865006 Pooled - Dana 6.935% 6.8% 1- Feb -89 1- Aug -18 29.5 $1,424
FHLMC 865127 Pooled - Dana 5.449% 4.5% 1- Aug -89 1- Mar -19 29.6 $2,418
FHLMC 865476 Pooled - Dana 6.082% 6.0% 1- Apr -96 1- Feb -36 39.9 $1,846
FHLMC 865663 Pooled - Dana 6.040% 6.0% 1- Nov -00 1- Feb -30 29.3 $3,414
FHLMC 765114 Pooled - Dana 6.963% 6.8% 1- Mar -99 1- Jan -18 18.9 $4,558
FHLMC 847427 Pooled - Dana 5.264% 5.1% 1- Jul -05 1- Sep -34 29.2 $9,776
FHLMC 1G1840 Pooled - Dana 5.315% 4.9% 1- Feb -06 1- Nov -35 29.8 $59,485
FHLMC 1133063 Pooled - Dana 5.553% 5.5% 1- Aug -06 1- Aug -36 30.0 $116,153
FHLMC 847058 Pooled - Dana 5.181% 5.1% 1- Aug -02 1- Aug -32 30.0 $37,548
FHLMC 611384 Pooled - Dana 6.953% 4.9% 11- Feb -05 1- Dec -32 27.8 $10,844
Accrued Interest 4.720% $9,879
Income Receivable $10,588
Average Yield 4.72% 2,061,352
Total $6,654,131
TO: VAIL TOWN COUNCIL
FROM: TOWN OF VAIL STAFF
DATE: MAY 22, 2009
RE: FORD PARK IMPROVEMENTS - TRAFFIC AND
TRANSPORTATION SUGGESTIONS - SUMMER CULTURAL
PROGRAMS
Staff was requested to respond to the Vail Homeowner's Association's Ford Park
Improvements Memorandum dated February 27, 2009, in regard to mass transit, capital
improvements to the infrastructure, access - impaired improvements for close -in parking,
vehicular drop -off and pickup and electric cart service. The following responses reflect
projects already completed, work in progress and /or longer -term solutions for the park.
1. It was suggested the walk path from the north parking lot to the Amphitheater could
be widened so that it can carry a greater capacity of pedestrians and electric cart traffic.
ANSWER: Requests for Proposals have been solicited and a recommendation will be
made to Council on June 2nd at their regular meeting to proceed w/a parking feasibility
study for Ford Park. Until this study is complete, there are no plans to provide
engineering and improvements for this path, in that any forthcoming recommendations
from the parking analysis could presume other solutions to access issues to the
Amphitheater. Outcomes from this analysis could potentially constitute major projects
and could be costly.
Additionally, this suggestion was originally called out in the approved Ford Park
Management Plan (April 1997) but during the ensuing 10+ years, Council believed it was
prudent to put capital dollars into outlying "neighborhood" parks and to defer further
improvements to Ford Park.
2. The capacity of the hotel shuttle van stop and private vehicle drop -off and pickup
facilities in the north lot could be improved and expanded, particularly to handle the
access impaired.
ANSWER: The following has been completed.
- North lot, east side 8 existing handicapped spaces + 5 added
- North lot, west side 4 existing handicapped spaces
- North lot, bus pull through Up to 10 spaces, first come /first served for handicapped
until 6:00 p.m. concert start
- Soccer field lot 1 existing + 3 added
- Amphitheater 3 existing
There is no question the parking at Ford Park to accommodate all summer venues is
inadequate. +/- 40 managed paid parking days for the park have already been set by
the Ford Park Parking Committee, which is comprised of representatives of all park user
groups, this in response to Goal #3 (Ford Park Management Plan, April 14, 1997):
Reduce conflicts between all Ford park venues. Policy Statement #9: No one event or
type of use will be allowed to dominate the usage of the park.
\n 6/2/2009 \n
8 -3 -1 \n
3. Access impaired parking spaces should be set aside and given priority of location in
the north (east) parking lot.
ANSWER: Please see the answer above. Additionally, the Council has approved for
the '09 season the "triangle" space on the south side of the eastern lot as a first in /last
out parking opportunity for up to 17 cars which supports the Bravo! Guild and the Vail
Valley Foundation volunteers. Re- striping has occurred in the east upper parking lot and
the soccer field parking lot at a ratio of 3 regular parking spaces required to create 2
handicapped spaces. The added handicapped spaces were located according to state
and federal ADA guidelines which require appropriate posting and embarkation space.
4. An access - impaired parking space should be able to be reserved and purchased
w /an event ticket.
ANSWER: By Colorado law, a vehicle must have a handicapped placard in order to
access a handicapped space. As well, goals and policy statements in the Ford Park
Management Plan support "No one event or type of use will be allowed to dominate the
usage of the park." Because of the multiple venues, times and users of the park, parking
choices have been left to the individual user. Fees were not originally charged for in-
close parking until the pedestrian path from the northeast side of the Village Parking
structure was complete, thus allowing differing user groups to make a choice about how
best to access the park. Not all park venues /activities require ticketing, so it would be
difficult to provide equity treatment for those that do not ticket their events /programs.
5. Similarly, all close -in event parking spaces serving Ford Park should become paid
spaces, which also should be reserved and purchased with the ticket. All free parking
should be terminated during special events.
ANSWER: Paid parking for multiple special events for Ford Park has been in effect for
10 years. Because all special events /activities are not ticketed but there is a
commitment toward treating all events equitably, this would be difficult, at best, to do.
Additionally, it could put some activities in a less viable position as to access to in -close
parking.
6. Post -event priority should be given to passenger vehicles on the South Frontage
Road, so that TOV buses are not delayed because they are mixed w/a high volume of
passenger car traffic.
ANSWER: The "in town" shuttle is extended during concert performances. This serves
attendees accessing the parking via the pedestrian path behind the Wren and Apollo
Park, and Mountain View; the Manor Vail Bridge; and the Nature Center Bridge access
off Vail Valley Drive. Staff has observed the lots emptying onto the South Frontage
Road following performances and does not believe the delay is excessive.
7. Pre -event express buses should be run along the South Frontage Road.
ANSWER: The town has tried this in the past w /unsuccessful results. There has been
confusion particularly w /visitors who are not so familiar w /Vail's lay out and don't recall
exactly which route took them into Ford park. Staff has found the consistent pre and
post event extended in -town shuttle to be the most effective.
\n 6/2/2009 \n
8 -3 -2 \n
8. Post event buses should be massed on Vail Valley Drive at the park's south entrance
so that attendees do not have to wait for buses.
ANSWER: For some time, the town has been running "shadow buses" along w /the
direction to bus drivers to call immediately for back up if buses are at capacity and
cannot carry all riders on the first stop. Again, staff has not observed back up with
waiting bus riders.
9. Car traffic and public parking should be discouraged from using Vail Valley Drive both
pre and post event so the pedestrians and bus traffic is given priority.
ANSWER: The town has used CEO's the past several years to help direct traffic more
efficiently. Staff would not want to discourage the public from accessing Vail Valley
Drive since the soccer field parking lot contains almost 70 spaces, including 4
handicapped spaces and access is convenient to the Nature Center Bridge pedestrian
path.
10. Express buses (what staff refers to as the extended in town shuttle) should follow
along the in town shuttle route, thus dropping passengers off in the commercial areas.
ANSWER: Agreed and already in place.
Please let staff know whether Council would like additional information.
\n 6/2/2009 \n
8 -3 -3 \n
1309 Elkhorn Drive
Vail, Colorado 81657
O V AI 970 - 479 -2158
rr ytiT��T Fax: 970 - 479 -2166
j�JTIL�f www.vailgov.com
Department of, Public Works 6 Transportation
MEMORAI DUM
To: Vail Town Council
From: Greg Hall, Director of Public Works and Transportation
Date: May 28, 2009
RE: Ford Park Parking and Recreation Management Plan Update - consultant
selection and contract award.
Requested action
The Ford Park selection committee has selected the firm EDAW /AECOM of Fort
Collins, CO, for the Ford Park Parking and Recreation Management Plan Update project.
The town is prepared to award a consultant contract to EDAW /AECOM in the amount of
$206,148 for the Ford Park Parking and Recreation Plan Update.
Background
Staff published a Request for Proposal (RFP) for the Ford Park Parking and Recreation
Management Plan Update on March 12, 2009 to create a planning document to guide the
Town of Vail in decision making regarding additional parking and enhanced civic
facilities in Ford Park. In response to the RFP 16 firms, with teams of subconsultants,
submitted proposals. After review of the proposals received, 5 firms were selected as
finalists and interviewed for the work. The selection team is comprised of members of
the following disciplines, Public Works, Community Development, Transportation, Park
Planning, and the Town Manager's office along with the Vail Recreation District. The
team led by EDAW /AECOM, Fort Collins, CO, was selected as the most qualified to
perform the work. The fee proposal, following staff requested revisions to the team,
remained consistent with other proposals received. References for similar work
performed by EDAW led teams as very positive. The EDAW team is prepared to begin
work immediately upon signing of the contract. The project is expected to be completed
in the fall of 2009.
\n 6/2/2009 \n
8 -4 -1 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Matters from Mayor & Council.
PRESENTER(S): Town Council
\n 6/2/2009 \n
l J� y 'J y l�Jy* - a
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 2, 2009
ITEM /TOPIC: Executive Session, pursuant to: 1) C.R.S. §24- 6- 402(4)(e) - to determine
positions, develop a strategy and instruct negotiators, Re: preliminary draft results of economic
impact study.
PRESENTER(S): Matt Mire
\n 6/2/2009 \n