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Home My WebLink About2009-10-06 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA Li ~~i ~ = AM + VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., OCTOBER 6, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Proclamation of Community Planning Month. (5 min.) PRESENTER(S): Community Development Department ACTION REQUESTED OF COUNCIL: Proclaim October 2009 as Community Planning Month in the Town of Vail. BACKGROUND: Each year the American Planning Association, its members, chapters, divisions, and professional institute sponsor National Community Planning Month to raise the visibility of the important role of planning in communities across America. National Community Planning Month also creates an opportunity for local communities to recognize the public service contributions of their professional planners and the citizen volunteers of their councils, boards, and commissions. In celebration of Nation Community Planning Month, the Town of Vail Community Development Department will host a series of public walking tours each Thursday in October to showcase development projects within VailVillage and Lionshead that formed Vail's "Billion Dollar Renewal". The tours will depart from the ColoradoSkiMuseum entrance at the VailVillageTransportationCenter as follows: Thursday, Oct. 1st 5:30 to 7:00 p.m. Thursday, Oct. 8th 5:30 to 7:00 p.m. Thursday, Oct. 15th Noon to 1:30 p.m. Thursday, Oct. 22nd Noon to 1:30 p.m. Members of the Community Development Department will also be speaking to local non-profit organizations and schools about community planning and the Community Planning Month events. STAFF RECOMMENDATION: Staff requests the Vail Town Council joins other communities across America in promoting October 2009 as Community Planning Month. 3. ITEM/TOPIC: Town Manager's Report. a. Winter Parking Update. b. Revenue Update. (15 min.) PRESENTER(S): Stan Zemler 4. ITEM/TOPIC: Consent Agenda. a. Approval of the 09.01.09 and 09.15.09 Town Council Minutes. b. Appoint seven people to be election judges for the Regular Municipal Election on November 3, 2009. A memorandum has been provided to Council with the names of seven judges. (5 min.) 5. ITEM/TOPIC: Eagle County Airport I-70 Interchange Presentation. (15 min.) PRESENTER(S): Peter Runyon, Eagle County Commissioner 6. ITEM/TOPIC: Public presentation and discussion regarding design schemes, financing options, and staffing recommendation (SAFER grant) for West Vail Fire Station. (45 min.) PRESENTER(S): Mark Miller / Don Watkins (Belford-Watkins Architects) ACTION REQUESTED OF COUNCIL: Listen, incoroporate citizen input, provide direction. BACKGROUND: At the Council evening session on September 15th, Council provided direction to staff to come back on October 6th to do a formal public presentation on the West Vail Fire Station and solicit citizen feedback relative to design schemes, etc. In addition, the Town Manager and Finance staff will present a revised 2010 budget incorporating funding options for staffing and constructing the West Vail Station. STAFF RECOMMENDATION: Staff recommends the Town Council approve or approve with amendments the recommended funding option for the West Vail Fire Station, and moving to next phase of Design Development. 7. ITEM/TOPIC: Second reading of the 2010 Budget Ordinance No. 19, Series 2009. (30 min.) PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of the 2010 Budget Ordinance No. 19, Series 2009. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Approve or approve with amendments the second reading of the 2010 Budget Ordinance No. 19, Series 2009. 8. ITEM/TOPIC: Presentation and request to operate a pedicab business within the Town Vail. (10 min.) PRESENTER(S): Dave Wasserman ACTION REQUESTED OF COUNCIL: Authorize pedicabs to operate on the streets of Vail. BACKGROUND: The Town Code Title 7, Chapter 5, Section 7, "Pedicabs Allowed" requires that before any such pedicab may lawfully operate on the streets of the Town, the operator must obtain the appropriate license or authorization from the Town Council. On September 23, 2009, Dave Wasserman, Pedicab owner/operator, presented his business proposal to Town of Vail staff. The staff has reviewed the proposal and the approved route and do not find any issues with operating a pedicab business on the streets of Vail. STAFF RECOMMENDATION: N/A 9. ITEM/TOPIC: Holy Cross Energy Electric Line Easement at Public Works Shop. (5 min.) PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Aprrov/ modify/Deny the easement Agreement BACKGROUND: CDOT requires an upgrade to their electrical service for the I-70 Variable Message Signs. Their service connection is at the Public Works Shop Entry. Holy Cross Energy lines are north of the Towns Property. In order to place a line from the Holy Cross lines to the CDOT service, Holy Cross will need to cross Town of Vail land which is the Public Works Shop. See attached easement and exhibit for location. Public Works has meet with CDOT and Holy Corss and determined the routing. STAFF RECOMMENDATION: Approve the easement 10. ITEM/TOPIC: First Reading of Ordinance No. 18, Series of 2009, an ordinance repealing and re-enacting Chapter 10, Building Codes, Vail Town Code; adopting by reference the 2009 editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code; 2008 edition of the National Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and with regard to the above described codes, adopting certain appendices, setting forth certain amendments thereto, and setting forth details in regard thereto. (20 min.) PRESENTER(S): Martin Haeberle / Mike McGee ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 18, Series of 2009. BACKGROUND: The Building and Fire Appeals Board has, through a process of community consensus, reviewed the 2009 International Building Codes and is recommending that the Vail Town Council adopts the 2009 International Building Codes with several amendments. The proposed amendments specifically address the uniqueness of the construction environment in Vail. STAFF RECOMMENDATION: Staff in conjunction with the Building & Fire Appeals board recommend that the Vail Town Council approves, Ordinance No. 18, Series of 2009, on first reading. 11. ITEM/TOPIC: First Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. (30 min.) PRESENTER(S): Warren Campbell / Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of of Ordinance No. 20, Series of 2009. BACKGROUND: On September 14, 2009, the Planning and Environmental Commission unanimously recommended approval of a major amendment to SDD No. 39, Crossroads, to increase the number of dwelling units from 78 to 79 dwelling units. This increase in the number of dwelling units was accomplished by converting an existing common space within the structure. There was no increase in GRFA or reduction in commercial floor area associated with this change. The memorandum to the Planning and Environmental Commission dated September 14, 2009, is attached for reference. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, Ordinance No. 20, Series of 2009, on first reading, 12. ITEM/TOPIC: Ordinance No. 21, Series of 2009, An Ordinance Amending Ordinance No. 15, Series of 2009, Defining Electronic Personal Assistive Mobility Device ("EPAMD"); Establshing Regulations Regarding the Operation of such Devices in the Town of Vail; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2009, on first reading. BACKGROUND: On September 15, 2009 Town Council directed staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance Expiration for an additiional year to October 5, 2010 and by adding new section requiring EPMAD's to have audible warning safety equipement installed. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2009, on first reading. 13. ITEM/TOPIC: Resolution No. 23, Series 2009: Approval of Vail Local Marketing District's 2010 Operating Plan and Budget. (20 min.) PRESENTER(S): Kelli McDonald / Kathleen Hallaron ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution No. 23, Series 2009. BACKGROUND: Please see attached memo. STAFF RECOMMENDATION: Approve or approve with amendments Resolution No. 23, Series 2009, the 2010 Budget for the Vail Local Marketing District. 14. ITEM/TOPIC: Adjournment. (9:45 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, OCTOBER 20, IN THE VAIL TOWN COUNCIL CHAMBERS. *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Proclamation of Community Planning Month. PRESENTER(S): Community Development Department ACTION REQUESTED OF COUNCIL: Proclaim October 2009 as Community Planning Month in the Town of Vail. BACKGROUND: Each year the American Planning Association, its members, chapters, divisions, and professional institute sponsor National Community Planning Month to raise the visibility of the important role of planning in communities across America. National Community Planning Month also creates an opportunity for local communities to recognize the public service contributions of their professional planners and the citizen volunteers of their councils, boards, and commissions. In celebration of Nation Community Planning Month, the Town of Vail Community Development Department will host a series of public walking tours each Thursday in October to showcase development projects within VailVillage and Lionshead that formed Vail's "Billion Dollar Renewal". The tours will depart from the ColoradoSkiMuseum entrance at the VailVillageTransportationCenter as follows: Thursday, Oct. 1st 5:30 to 7:00 p.m. Thursday, Oct. 8th 5:30 to 7:00 p.m. Thursday, Oct. 15th Noon to 1:30 p.m. Thursday, Oct. 22nd Noon to 1:30 p.m. Members of the Community Development Department will also be speaking to local non-profit organizations and schools about community planning and the Community Planning Month events. STAFF RECOMMENDATION: Staff requests the Vail Town Council joins other communities across America in promoting October 2009 as Community Planning Month. ATTACHMENTS: memo and proclamation MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 6, 2009 SUBJECT: Proclamation of Community Planning Month 1. PURPOSE To promote October 2009 as Community Planning Month in the Town of Vail. II. BACKGROUND Each year the American Planning Association, its members, chapters, divisions, and professional institute sponsor National Community Planning Month to raise the visibility of the important role of planning in communities across America. National Community Planning Month also creates an opportunity for local communities to recognize the public service contributions of their professional planners and the citizen volunteers of their councils, boards, and commissions. In celebration of Nation Community Planning Month, the Town of Vail Community Development Department will host a series of public walking tours each Thursday in October to showcase development projects within Vail Village and Lionshead that formed Vail's "Billion Dollar Renewal". The tours will depart from the Colorado Ski Museum entrance at the Vail Village Transportation Center as fol lows: Thursday, Oct. 1St 5:30 to 7:00 p.m. Thursday, Oct. 8th 5:30 to 7:00 p.m. Thursday, Oct. 15th Noon to 1:30 p.m. Thursday, Oct. 22nd Noon to 1:30 p.m. Members of the Community Development Department will also be speaking to local non-profit organizations and schools about community planning and the Community Planning Month events. III. DIRECTION REQUESTED FROM TOWN COUNCIL Staff requests the Vail Town Council joins other communities across America in promoting October 2009 as Community Planning Month. 1 2-1 -1\n COMMUNITY PLANNING MONTH PROCLAMATION WHEREAS, change is constant and affects all communities; and WHEREAS, community planning helps manage change in ways that provides better choices for how people work, live, and play in Vail; and WHEREAS, community planning provides opportunities for all residents to be meaningfully involved in making choices that determine the future Vail; and WHEREAS, the full benefits of community planning require public officials and citizens who understand, support, and demand excellence in planning and plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America; and WHEREAS, The American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of communities; and WHEREAS, the Town of Vail has experienced an unprecedented volume of construction activities and redevelopment during "Vail's Billion Dollar Renewal"; and WHEREAS, the Town Council recognizes the participation and dedication of the members of the Planning and Environmental Commission and the Design Review Board who have contributed their time and expertise to the improvement of the Town of Vail; and WHEREAS, the Town Council also recognizes the many valuable contributions made by the Town of Vail's professional Town Planners and extends a heartfelt thanks for their continued commitment to public service; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2009 is hereby designated as Community Planning Month in the Town of Vail in conjunction with the celebration of National Community Planning Month. INTRODUCED, READ, APPROVED AND ADOPTED this 6t" day of October, 2009. Richard D. Cleveland, Mayor, ATTEST: Lorelei Donaldson, Town Clerk 2 2-1 -2\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Town Manager's Report. a. Winter Parking Update. b. Revenue Update. PRESENTER(S): Stan Zemler ATTACHMENTS: Revenue Update TOWN OF VAIL REVENUE HIGHLIGHTS September 30, 2009 Sales Tax When all sales tax returns are received for the month of August, collections for the month are expected to be $1.1 million down 20.9% from August, 2008. Year- to-date total sales tax collections are down 16.4% from 2008 and flat with the budget. Inflation as measured by the consumer price index was down (-1.5%) for the month of August compared to 2008. Use Tax Use tax collections as of September 30, 2009 total $642,274, a 14% increase from this time last year, due to the Ramshorn project moving forward. The annual budget of $500,000 has already been met. Construction Permit Fee Revenue Construction permit revenue through September 30 totals $700,221 down 64% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is due to both major and non-major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 60% of the total. Revenue from non-major projects is down 39% from 2008. Real Estate Transfer Tax (RETT) RETT collections through September 29, 2009, total $1.7 million, compared to a full year forecast of $2.4 million. This amount is a 71 % decrease from last year due to both major and non-major redevelopment projects. Eagle County as of July, 2009 is down 66% in sales dollars and down 54% in the number of sales transactions. At this time last year, the town had collected over $5.7 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 84%. Collections not related to major projects year-to-date are 44% down from this time last year. Across all funds, total revenue of $33.3 million is down 22.8% year-to-date from this time last year and down 2.9% from the budget. Town reserves total an estimated $50.6 million. PDFConvert.679.1.091006_Revenue_Highlights.doc - 1 - 3-1 -1\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Consent Agenda. a. Approval of the 09.01.09 and 09.15.09 Town Council Minutes. b. Appoint seven people to be election judges for the Regular Municipal Election on November 3, 2009. A memorandum has been provided to Council with the names of seven judges. ATTACHMENTS: Election Judges 09.01.09 Minutes 09.15.09 Minutes MEMORANDUM TO: VAIL TOWN COUNCIL FROM: LORELEI DONALDSON, TOWN CLERK DATE: September 29, 2009 for October 6, 2009 Council Meeting SU137ECT: APPOINTMENT OF REGULAR MUNICIPAL ELECTION JUDGES It is my pleasure to suggest the following seven prospective appointees as judges (at-the-polls and mail -in/ab sentee judges) for the Regular Municipal Election to be held Tuesday, November 3, 2009: Vi Brown - Supply Judge 2556 Cortina Lane, P.O. Box 547 Vail, CO 81658 Mary Jo Allen 1956 Cabin Circle, P.O. Box 861 Vail, CO 81657 Mary Caster 2510 Bald Mountain Road Vail, CO 81657 Summer Holm 1858 West Gore Creek Drive Vail, CO 81657 Carol McKown 2092 Zermatt Lane, #D Vail, CO 81657 Mary Ann Best 115 Lupine Lane; P.O. Box 51 Leadville, CO 80461 Earl Best 115 Lupine Lane, P.O. Box 51 Leadville, CO 80461 4-1 -1\n Vail Town Council Meeting Minutes Tuesday, September 1, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Kim Newbury Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. There was none. The second item on the agenda was the Consent Agenda. a. Approval of 08.04.09 & 08.18.09 Town Council Minutes. Daly moved to approve the minutes with a minor amendment with Foley seconding. The motion passed unanimously, 7-0. The third item on the agenda was the Town Manager's Report. a. Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales tax returns are received for the month of July, collections for the month were expected to be $1.1 million, down 20.5% from July, 2008. Year-to-date total sales tax collections were down 15.9% from 2008 and up 0.1% from budget. Inflation as measured by the consumer price index was down (-2.1%) for the month of July compared to 2008. Use tax collections as of August 27, 2009, total $565,514, a ten percent increase from this time last year, due to the Ramshorn project moving forward. The annual budget of $500,000 has already been met. Construction permit revenue through August 27 totals $626,435 down 63% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is due to both major and non-major redevelopment projects 1 underway in 2008. Major redevelopment projects so far this year make up 64% of the total. Revenue from non-major projects is down 45% from 2008. Real Estate Transfer Tax (RETT) collections through August 27, 2009, total $1.5 million. This amount is a 74% decrease from last year due to both major and non-major redevelopment projects. Eagle County as of June, 2009, is down 64% in sales dollars and down 54% in the number of sales transactions. At this time last year, the town had collected over $5.7 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 84%. Collections not related to major projects year-to-date are 52% down from this time last year. The fourth item on the agenda was the Vail Village Loading and Delivery Update and Review of Pilot Programs. Public Information Officer Suzanne Silverthorn reported that on June 19, 2007, staff received direction to develop an operational plan for the successful use of a dispersed loading and delivery network in Vail Village. A 17-member working group was formed during the summer of 2007 with representation from the business community, residential neighborhood, vendors and the Town Council. The group met numerous times throughout 2007 and 2008 to develop recommendations for a pilot operational plan to address the opening of the underground Mountain Plaza facility (12 shared bays) and the Vail Plaza Hotel facility (five shared bays) during the 2008-09 ski season. This review by the Town Council follows a series of incremental actions: • November 18, 2008: Pilot Program for Village Core loading and delivery policies approved for implementation on January 9, 2009, and review on March 17, 2009. • March 17, 2009: Village Core pilot program reviewed to include modifications for designated courier access and limited on-street delivery pilot program for East Meadow Drive to be reviewed on July 7, 2009. • July 7, 2009: Pilot programs modified for review on September 1, 2009, as fol lows: --Village Core Program. • Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily. • On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. on Gore Creek Drive. • Designated courier areas for Fed Ex, UPS, USPS, etc. • Determine optimal location on Gore Creek Drive (either north side, east end of Gorsuch Building as currently in use) or move to south side of street. Hours are 6 a.m. to 6 p.m. • Remove Mill Creek Court Building loading zone on Gore Creek Drive. Improve ADA parking visibility (signage and paint) in front of Mill Creek Court Building and expand spaces if possible. • Explore restricting westbound traffic on Gore Creek Drive for better optimization of Checkpoint Charlie. • Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking. 2 • All loading and delivery policies will be strictly enforced. --East Meadow Drive Pilot Program. • On-street loading and delivery on the street's north side from Vail Boot and Shoe west to Alpenrose from 5 a.m. to 8 a.m. • Policies will be strictly enforced. • Staff will work to facilitate cooperative agreements with affected parties and property in the Vail Village Inn Special Development District (SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift that will accommodate the transport of deliveries from the loading dock at Vail Plaza Hotel to businesses on East Meadow Drive. Silverthorn then requested consideration of the following recommendations: • Retain current loading and delivery policies for Village Core and East Meadow Drive through the remainder of 2009 and into mid-2010 with interim modifications as needed. Likely modifications would result upon completion of interior options identified for Vail Village Inn Special Development District, #6. Also, continue to monitor impacts associated with removal of the loading zone in front of Mill Creek Court Building and recommend adjustments, if needed. • Direct staff to evaluate opportunities for future incremental adjustments in the Vail Village loading and delivery policies upon completion of Solaris in July 2010. The four shared bays at Solaris will complete the Village core public improvements for dispersed loading and delivery which will include a total of 21 public bays (located at Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public improvements invested by the developers, and ongoing contractual cost-share investments by the town for operation of the Mountain Plaza facility. During a pause for public comment Bridge Street home owner Yvonne Maloney expressed concern about the lack of loading and delivery access in the Mill Creek Court area. Cleveland said the town has never denied Vail Village access to individuals living and staying on Bridge Street. Kaye Ferry spoke in support of allowing loading and delivery in the Mill Creek Court area. Vail Homeowner's Association representative Jim Lamont said he had not heard any complaints about the recent loading and delivery program changes. Johnathon Staufer asked if loading and delivery between the Vail Plaza Club and Vail Village Inn area was at a standstill or still moving forward. Ruther commented, "We are not dead in the water we have more work to do." Wright asked for the opportunity for Community Development, Police and local merchants to develop a positive outcome. United States Postal Service representative Jim Armstrong then complained one of his postal carriers was denied vehicular access to the Mountain Haus from the Austria Haus on Meadow Drive. The fifth item on the agenda was a Motion to approve the Town of Vail's contribution ($3,000) to a settlement agreement concerning case number 09-CV-142, Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al. Town Attorney Matt Mire explained the total amount of the settlement amongst all named defendants is $15,000. The other defendants in the case include the Town of 3 Rifle Police Department, Garfield County Sheriff's Department and the Town of Silt Police Department. Daly moved to approve the request with Foley seconding. The motion passed unanimously, 6-0. Newbury had left the room. The sixth item on the agenda was an Option to redevelop the LionsHead Parking Structure. Town Attorney Matt Mire asked Council to authorize and direct the Town of Manager to send a letter to Open Hospitality Partners (OHP) on behalf of the Town of Vail declining the counteroffer from OHP dated July 28, 2009, and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. On July 15, 2009, a letter was sent on behalf of the town to Mark Masinter of OHP acknowledging the Developer Improvement Agreement (DIA), dated October 16, 2007, between the town and OHP pertaining to a proposed redevelopment on the LionsHead Parking Structure (LHPS) had expired by its own terms. The letter went on to offer OHP an option to redevelop the property pursuant to certain terms and conditions of a Development Option Agreement which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded to the town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. On August 18, 2009, the Town Council tabled this item to this meeting. Gordon moved to direct staff to continue negotiations until October 20th with Hitt seconding. Masinter stated he wished to look forward and not backwards. "We are totally willing to help pay for parking structure improvements." During a pause for public comment, Rob Levine, Matt Morgan, Phil Long, Frank Johnson, Mark Depahlis, Chris Romer, Michael Bartman and Ann Sweed all spoke in support of continuing negotiations with OHP. Vail Homeowner's Association, Jim Lamont said in the past the town has unsuccessfully spent millions of dollars to redevelop the structure. Bob Lazier asked Council to treat Masinter as fairly as possible. "I believe he is a valuable asset to the community." Kaye Ferry said she believed the deed restriction on the property (controlled by Vail Resorts) would not be lifted until Vail Resorts got every approval they wanted out of the proposed EverVail project. "He deserves it because he has dealt with this town in an honorable way." Zemler said he was concerned that the negotiations were beginning to develop into a perpetual cycle. Daly expressed concern about continuing negotiations. "That's tying up one of the most critical and valuable pieces of property in the town... That is neglecting our fiduciary responsibility." Foley said the deed restriction issue had to be resolved. "We shouldn't be negotiating with anyone until the deed restriction is lifted." Newbury moved to approve the resolution with Rogers seconding. The motion passed 5-2 with Cleveland and Daly opposed. The seventh item on the agenda was Resolution No. 22, Series 2009 for the Transportation Master Plan Amendment for West Vail Fire Station access. Town Engineer Tom Kassmel asked Council to approve Resolution 22, Series 2009, an amendment to the Vail Transportation Master Plan Access Management Plan for West Vail Fire Station access. In May of this year the town adopted the Vail Transportation Master Plan which included an Access Management Plan (AMP) that was developed jointly between the town and the Colorado Department of Transportation (CDOT). The AMP showed one access point for the future West Vail Fire Station. The current preferred design shows two access points, one for the general public and one for emergency vehicles. Kassmel said CDOT would permit this additional emergency access if the town was willing to amend the AMP. An amendment to the AMP and the 4 Master Plan required approval of a resolution. Newbury moved to approve the resolution with Rogers seconding. The eighth item on the agenda was Adjournment. Newbury moved adjourn with Foley seconding at approximately 8:05 p.m. The motion passed unanimously, 7-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 5 Vail Town Council Meeting Minutes Tuesday, September 15, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Mark Gordon Kevin Foley Margaret Rogers Andy Daly Farrow Hitt Kim Newbury Not present: Dick Cleveland, Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. Eagle County Commissioner Peter Runyon asked for Council support of an Eagle Airport Interchange (off of I-70). He then asked Council to not link decisions on projects or use a"quid pro-quo mentality." Rogers asked if the only reason the County wanted to pursue the project was because the Federal Government funding might be available. Hitt said he opposed the project because of the cost and the impact to the environment. Local businessman Steve Rosenthal spoke in support of the Vail Chamber and Business Association sponsored Premier Impression program. "It has been very well supported by the business community." Vail International Homeowner's Association representative Snowden Smith expressed concern about the color of the new Dobson Ice Arena roofing material, as well as concern about the material itself. Vail Homeowner's Association representative Jim Lamont asked for improved public notification for all public projects. "It is time that we become more transparent... How are we going to fix the design review process?" Local restaurateur Billy Suarez asked Council to continue the Premier Impression program. 1 Colorado Ski Museum representative Suzie Tjossem asked for Council's financial support of the museum. Paul Rondeau complimented the town for budget transparency. Tom Saaffeld encouraged better public notification be provided on projects that may impact adjacent property owners. The second item on the agenda was the Town Manager's Report. There was none. The third item on the agenda was the West Vail Fire Station Discussion/Update. Fire Chief Mark Miller reported a third station (and staffing) would clearly improve the department's response time and resources. These are the two most critical factors in station location and firefighter deployment. A new West Vail station could potentially reduce response times by nearly four minutes, which has significant life/safety benefits to Vail residents. A fire doubles in size every 30 seconds. To cut the overall response time makes a measurable difference in life safety/property loss scenarios. In addition, relative to cardiac arrest and other critical medical incidents, it is the difference between life and death. Resources (firefighters) on scene will increase by 30%, giving the department 14 firefighters (including mutual aid) on scene within the first ten minutes to accomplish the critical tasks that must be performed on a structure fire. With approximately 16% of the department's incidents being "back to back" the additional resources also allow for coverage of the town when the two other engine companies are on incidents. The Insurance Services Office (ISO) indicates the department needs to respond with two engines and one ladder truck on all fires. The addition of the third station allows for this as well. He then reported the specific and measurable benefits of a third station include: • Puts critical resources in our most vulnerable area (West Vail). • Allows for reducing size of facilities and renovation of Main and East Vail stations(due to all residents being located in West Vail), and also allows for some employee housing options. • Significant reduction of "Target Hazard" problem. Vail has significant "exposure" issues (proximity of homes to wild land interface). • Room for fire apparatus and Police communication van currently being stored at PW facility - Satellite station for PD. • Back-up Emergency Operations Center (EOC). • Gives the Fire Department a place to train, have a meeting (besides truck room), all residents firefighters in one location, etc. Miller said he felt the Town of Vail is vulnerable. "We have significant staffing and response time deficiencies...A third station would be a significant improvement to our operations throughout the Town of Vail." Miller emphasized the importance of the "readiness to serve." "The National Fire Protection Association drives what we do and of course fire fighter safety." Miller also reported the town received a grant to partially fund three firefighters for five years. "I think this is the perfect time to build a new fire station... the fire station has not faired well in the competing priorities of the TOV over the last two decades, now is the time." Rogers clarified the equipment in the new station 2 would be useful in the event of a large wildfire. Newbury suggested improving the other two fire stations through the use of bond proceeds acquired for the construction of the new station. Zemler thanked Miller for his diligent efforts on the project. The fourth item on the agenda was a request for direction on Electric Personal Assistive Mobility Devices ("EPAMD's"). Police Commander Steve Wright reported that on June 16, 2009, the Town Council passed Ordinance No. 15, Series of 2009, which authorized the operation of EPAMD's on certain pedestrian and bike paths otherwise prohibited by state law. The rights granted pursuant to Ordinance No. 15, Series of 2009, were to expire on September 30, 2009. The options available to Council were to 1) allow EPAMD's to continue to operate in the Town of Vail pursuant to the limitations set forth in Ordinance No. 15, Series of 2009; or 2) further regulate the operation of EPAMD's by repealing or amending Ordinance No. 15, Series of 2009. Based on minor complaints and incidents the staff recommended amending Ordinance No. 15, Series of 2009, by extending the sunset provision and ordinance expiration to September 30, 2010. "The PD has some minor safety concerns but not enough reason to oppose the continuation of Segways... We have had some anecdotal complaints but no formalized complaints that required a Police response." During a pause for public comment, Nancy Rondeau commented, "Why do we need to turn our walkways into a circus parade...These Segways make people startled and they leap out of the way." Vail Homeowner Association representative Jim Lamont said, "I would suggest that we continue with the experiment... I'm concerned our pathway systems are being loved to death." Newbury confirmed the Segways could be manually moved. Local Segway operator Daryl Bangert said about 300 individuals went on guided tours there were 300 self-guided rentals. In addition there were there 250 demos. Joe Dimasic said the group only used a very small section of the recreation path. "On Sundays we never go close to the farmer's market as a rule." Paul Rondeau asked Council to remain ahead of the curve and not be defensive. He then encouraged Segways be required to have a warning device. Foley moved to extend the ordinance with Hitt seconding. The motion passed unanimously, 5-1 with Gordon opposed. The fifth item on the agenda was the First reading of the 2010 Budget Ordinance No. 19, Series of 2009. Budget and Financial Reporting Manager Kathleen Halloran reported that proposed expenditures across all funds total $48.4 million. Gordon asked how much in reserves across all funds; Judy Camp responded that reserves totaled a similar amount, approximately $48 million. Daly expressed concern over funding for the 5-year capital budget; Gordon clarified the Capital Improvement Plan was not a multiyear obligation. During a pause for public comment, Tom Steinburg asked if there was still money budgeted for a Ford Park Master Plan. He then expressed displeasure with the possibility of a parking structure being placed in the park. "Parking structures are not allowed on FordPark...lndustrialization of Ford Park is not allowed." Kathy Michaelasy spoke in support of Council supporting Small Champions (a local non-profit which provides activities for disabled children). Paul Rondeau recommended Council not fund road overlays in 2010, using those budgeted funds for the West Vail Fire Station construction. Daly clarified several road improvements have been deferred in the 2010 budget. Gordon moved to approve the ordinance with Newbury seconding. The motion passed 5-1 with Daly opposed. Hitt thanked staff for their diligent work preparing the budget. Zemler applauded the efforts required of Halloran to develop the 2010 budget. 3 The sixth item on the agenda was adjournment. Newbury moved to adjourn at 8:44 p.m. with Foley seconding. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Eagle County Airport I-70 Interchange Presentation. PRESENTER(S): Peter Runyon, Eagle County Commissioner *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Public presentation and discussion regarding design schemes, financing options, and staffing recommendation (SAFER grant) for West Vail Fire Station. PRESENTER(S): Mark Miller / Don Watkins (Belford-Watkins Architects) ACTION REQUESTED OF COUNCIL: Listen, incoroporate citizen input, provide direction. BACKGROUND: At the Council evening session on September 15th, Council provided direction to staff to come back on October 6th to do a formal public presentation on the West Vail Fire Station and solicit citizen feedback relative to design schemes, etc. In addition, the Town Manager and Finance staff will present a revised 2010 budget incorporating funding options for staffing and constructing the West Vail Station. STAFF RECOMMENDATION: Staff recommends the Town Council approve or approve with amendments the recommended funding option for the West Vail Fire Station, and moving to next phase of Design Development. ATTACHMENTS: West Vail Fire station narrative West vail Fire Station site plan West Vail Fire station elevationsand floor plans West Vail Fire stat elevations West Vail Fire station floor plan West vail Fire station floor plan - upper West vail Fire station cost estimate 1 1 , EMERGENCY -SERVICES Meiiiio To: Town of Vail, Town Council From: Mark Miller, Fire Chief Date: October 6, 2009 Re: West Vail Fire Station Design/Funding Options At the September 15t", 2009 Council Evening Session, staff presented an update on the West Vail Fire Station design, operating costs, and why it is such an important project for the TOV. In addition, the architect provided answers to the questions posed by Council at the work session on August 18t". The October 6t" TOV Evening Council session will focus on presenting various design schemes for public comment and, the Finance Department will present funding options to Council for staffing and capital costs. In an effort to reduce the actual presentation time, I'm including pertinent detailed/technical information for the presentation in this memo. Our main focus is "Readiness to Serve"....it drives our decision making and overall mission. Simply stated, the addition of a 3rd station will allow us to arrive on scene with adequate resources to perform our job safely and effectively, and increase the overall protection of our community. There are numerous factors that have led us to identify the life/safety importance of a West Vail fire station, including; • Six studies have indicated the need for a 3rd Fire Station in West Vail (19747 19977 20037 20057 2007/2008). • Recent ISO evaluation (June 2009) indicates deficiencies in staffinq, traininq, and a "3`d enqine". • National Standards.....NFPA 1710; OSHA - we are deficient in meeting national standards (see page 2). • Growth -(Additional 6 million SF of commercial/residential space from 2005 - 2010). 1 6-1 -1\n • People, weather, & variables out of our control; drive demand for emergency response.... historical increase in call volume of 5% - 7% PerFormance Obiectives VFES has developed performance objectives that are specific to our needs, but also aligned with accepted National Standards for the Fire Service. We realize it is unrealistic to meet all national standards to the full extent, but feel it is our due diligence to meet the intent of the national standards when possible. NFPA 1710 indicates that the first arriving engine is on scene within 6 minutes (total) on 80% of incidents, and 14 - 16 firefighters should be on scene within 10 minutes (total response time) on 80% of incidents for a residential structure fire). As a matter of note, today we can only assemble 10 - 11 firefighters on scene (including mutual aid). The goal is to meet the 14-16 firefighters within the first 10 minutes with the addition of the 3rd station. Federal OSHA standards mandate a"2 in/2 out" policy which means that firefighters cannot enter a structure (past the incipient fire stage) without doing so in teams of 2, one inside and one outside (4 total). It is the intent, that with the addition of the West Vail Station, we can meet these objectives/standards more than 80% of the time. This means improved life/safety response throughout the community. Critical Factors of Influence Two factors are the premise of fire station location and deployment: Response Time and Resources. They go hand in hand.... you can't do one well, and not the other or the objective is lost. Response time is critical, but not without the resources to do the job, and vice versa. Factors that are affected by response time include: • Flashover...typically occurs in first 6-8 minutes. Greatest loss of life/firefighter safety occurs in this period. Fire doubles in size everv 30 seconds • Medical incidents (cardiac arrest) - Within 4-6 minutes the brain starts to die from lack of oxygen - irreversible in 10 minutes. • Fire Alarms - water flow alarm sprinkler activation/malfunction. How long should it take to mitigate these situations? (Our objective - 8 minutes from time of dispatch). Currently it takes 11 - 12 minutes to accomplish this objective. These incidents are significant customer service disruptions. • Vehicle accidents - trauma (severe bleeding) extrication, fuel/electrical hazards m itigation • Evacuation/structural triage on wildfire incidents - Early evacuation/notification is essential in a wildfire situation. Structural triage must begin immediately to ensure occupants are notified should they have to evacuate. • Page 2 6-1 -2\n • Exposures Protection.... Wildland to Structures - Structures to Wildland. "Slope" in West Vail is a strong driver of fire behavior. The second critical factor, Resources, is equally important, not only to meet the 2 in/2 out standard, but also to provide minimum firefighters/equipment to do the job safely. For example, a typical residential house fire takes 14 - 16 firefighters to complete the simultaneous tasks, including: • Fire Attack Line = 2 FF + 1 Support • Back -up line - 2 FF and 1 support • Water supply and utilities = 1 FF • Search and Rescue = 2 FF • Ventilation = 2 FF • Vehicle Operator = 1 FF • 2 in/2 out 2 FF • Incident Commander-1 FF • Safety Officer -1 FF • Total - 14 - 16 FF (Obviously, a large commercial or hotel would need at least triple the number of personnel). What does a third Station do for the TOV? A third station (and staffing) clearly improves our Response Time and Resources.....the two most critical factors in station location and firefighter deployment. Response times drop by nearly four minutes, (current 10:41 to proposed 6:45) which has significant life/safety benefits to the citizens of Vail. Fire doubles in size every 30 seconds. To cut the overall response time makes a measurable difference in life safety/property loss scenarios. In addition, relative to cardiac arrest and other critical medical incidents, it is the difference between life and death. Resources (firefighters) on scene will increase by 30%, giving us 14 firefighters (including mutual aid) on scene within the first 10 minutes to accomplish the tasks outlined above. With approximately 16% of our incidents being "back to back" the additional resources also allow for coverage of TOV when the two other Engine Companies are on incidents. The Insurance Services Office (ISO) has indicated we need to respond with two engines and one ladder truck on all fires.... the addition of the 3rd station allows for this as well. • Page 3 6-1 -3\n Specific and Measurable Benefits include: • Puts critical resources in our most vulnerable area (West Vail) • Allows for reducing size of facilities and renovation of Main and East stations (due to all residents being located in West Vail), and also allows for some employee housing options. • Significant reduction of "Target Hazard" problem. Vail has significant "exposure" issues (proximity of homes to wildland interface) • Room for fire apparatus and Police communication van currently being stored at PW facility - Satellite station for PD. • Back-up Emergency Operations Center (EOC) • Gives the Fire Department a place to train, have a meeting (besides truck room), all residents firefighters in one location, etc. Alternative Staffinq/Location Options As a matter of due diligence, staff studied a variety of other staffing and station location options, however, the objective is life/safety for the TOV, and all options were studied with that being the primary goal and responsibility. Additional options reviewed, included; • No new FTE's - Turn down SAFER grant and utilize Resident firefighters to provide extra staffing for West Vail Station. This option would cause a 100% increase in the number of shifts currently being worked by Resident firefighters. This option is not recommended due to the ever fluctuating resource of the Resident Firefighters. In addition it would cause heavy reliance of a part time resource. • Relocation Alternatives; Staff studied the possibility of building the West Vail Station, then relocating the East Vail Station further west (close Main Vail), or, relocate the Main Vail Station further east (close East Vail). This alternative proved to be troublesome due to inefficient access to I-70, therefore not improving overall response times. Additionally, the two station concept does not improve the deficiencies in resources (firefighters). Impetus to Build Now • Responsibility to "Readiness" • The West Vail Station has been deemed one of the top capital priorities by TOV Directors and staff. • Insurances Services Office (ISO) re-evaluation (as soon as complete) may lower insurance rates for commercial/residential properties. • Page 4 6-1 -4\n • Construction costs 15% - 20% lower Fundinq Options • Presented by TOV Finance Department and Town Manager • Page 5 6-1 -5\n I I / ~ \ ~ - ~ ~ Utility Easement _ i ~ x ~ Z . U, ~ I ~N ~ a D m ~ ~W 3 S s ~ c ~ .t O~ 3 i O ~ ~ I z ~ rn ~ 0 l 1 " 1 lM W` ~ I ~ J Ln ' 7z 7 2 -a ' Belford Watklns - _ 'n - Group . . . . W y ~ #i Y - t ~ - a ~ ~ _ _ ~ ➢ El ❑ ~ , ~ ~ ~ ' ~ ~ - ~ - ~ _ , ~ ~ ~ 0❑0 ~ ~ ❑0~ ~ - ~ ~ ~ ~ ~ 0❑0 - - ~ ❑DO 0❑0 ~ < < ~ 0 Z Z 7y _ C eeirom w ki c,o. n ..Os \ ' ~ - i tj v r. ~','li t ^:y1Yg`~° - _D~. .E 1 I~ ~ , . A - - - r - ~ - - i a ~ - 71 - ~ _ I . - ~ 0~_ i ~ ~k, I~I~~ - F... ~ Y~.. - P + . - MIL tF I~ K4~ Y ~ O ~ \ m ~ n \ G G D ➢ 0 O z z 0 O v ? 0 ° O Belford Watklns - ~ ~ C mn a - ~ 2 0 ~ ro ~ oe ~ eD = - O ---~m t s3v~ ~ ~ s ~ --3 w ~ - A - - - - - O i i i ~ 0 o ~ oo y I- w ~ ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ --------J - 0 0 ~ eD ~ @n . i ~ eDa 3. O eD. w m Z) Ln n 7~ p ~ fD n ~ i ' ~ ~ , i i c ~ eD• ~LJ ~-j CLJ ~Lj un ~ aQ o n 0 O:LJ ~Lj ~ A G ~ ~ .-a _ D ? Z Belford Watklns _ . N . & 3 •nr - GrouP . . . . i~c 2 0 ~ ~ ~ 0 ~ m ~ 0 X o oX _ aa aa aa ao ~ --J S aq W D 0 ~ - 0 ~ w w a~ IT] ro s~ v~ O z 0 ~ ~ i ~ O z 0 ~ O OoO ~ o• ~ 0 s ~ o~ o00 ~ o ~ ~ ~I ~ _ O S " O W~~ O n ~n ~ lJ o ~ ~ o m ~ A O G ~ O O ~ _ D ? Z Belford Watklns 'n - Group . . . . iic C q - ~ . . ~ ~ LL ~ U J J ~ ~ ~C Vail Fire Station #3 ~ U ~ L_ a Date: October 6, 2009 o =3 0 m C~ Subject: Project Budget Recap Vail Fire Station #3 A r c h i t e c t u r e Project #09083 P l Q„„;„ g Cost Modifications August 18t" Estimate $5,625,000 I n t e r i o r s Slte • New Retaining Walls $236,000 • Overexcavation $44,000 • Add back in sidewalk to residential $7,000 • Increased Soft Costs $15,000 Subtotal $5,927,000 Tap Fees • Pre-paid tap fees ( $130,000) • Delete Road Base ( $39,000) Subtotal $5,758,000 Remove Community Room Usage • Reduced Parking ( $21,000) • Reduced Building SF (Less 1,300 s.f.) ($172,000) • Less impact on hillside ( $65,000) • Reduced Soft Costs ( $16,000) Subtotal $5,484,000 Reduce Shift Quarters • Reduced Building SF (Less 900 s.f.) ($42,000) • Reduced Soft Costs ( $3,000) Subtotal $5,439,000 6-7-1\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Second reading of the 2010 Budget Ordinance No. 19, Series 2009. PRESENTER(S): Kathleen Halloran ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the second reading of the 2010 Budget Ordinance No. 19, Series 2009. BACKGROUND: To be provided in a separate memo. STAFF RECOMMENDATION: Approve or approve with amendments the second reading of the 2010 Budget Ordinance No. 19, Series 2009. ATTACHMENTS: Ord 19 - 2010 Budget MEMORANDUM To: Town Council From: Stan Zemler, Judy Camp, Kathleen Halloran Date: October 1, 2009 Subject: 2010 Proposed Budget The 2010 budget presented on September 15 included a shortfall of approximately $140,000 in the General Fund, requiring the use of surplus to balance. Council asked staff to come back with a balanced budget without using surplus, and that is included in the attached proposal. Details regarding how we reached the balanced budget are listed below. In addition, staff committed to providing a budget that would reflect both the operational and capital costs for a West Vail Fire Station. These are included in the attached proposal as well. Specifically, the following adjustments have been made since the September 15th budget presentation: 1) Highway User Tax revenue (General Fund) has been increased by $20,000 based on an updated report from the Colorado Municipal League. The increase is due to additional collections resulting from the FASTER bill passed in 2009. 2) Eagle County Treasurer fees (2% of all property tax collections) have been updated for the revised property tax revenue increased revenue projection, resulting in $6,000 more in fees. These fees are paid from the General Fund within the Finance department. 3) Salary expense has been adjusted to reflect job vacancies that will not be filled in 2010. Specifically, 1 electrical inspector, 1 police officer, .75 police records coordinator and .25 fire administrative assistant. Total personnel savings of $242,677 is offset by the need to contract out for electrical inspections, at an estimated cost of $45,000. 4) The General Fund now includes cost estimates for the operation of a West Vail Fire Station. This budget assumes acceptance of the SAFER grant, which provides $325,140 of funding over five years to hire three firefighters. The following costs were assumed in the budget presented on page 15: • Three firefighters added January, 2010 at an annual cost of $210,000 including benefits (offset by $117,000 of grant revenue). • Increased resident shifts added spring, 2011 at an annual cost of $86,280. • Utilities, supplies and other operations of the new station added 2011 at an annual cost of $19,000. • Heavy Equipment charges were added starting 2011 for the new fire truck at an annual cost of $20,000. 5) In order to break even after the above adjustments, staff reduced the Investment in Employee Home Ownership Program by $10,000 and various other operating line items totaling approximately $10,000. A 7-1-1\n 6) The capital budget presented on page 26 was also updated to reflect staff's recommendation to move forward with the West Vail Fire Station, including the purchase of a new fire truck for the West Vail Fire Station in 2011 ($570,000), as well as the financing of construction for the new station using Certificates of Participation (COPs), estimated at $480,000 per year for 20 years. 7) The Real Estate Transfer Tax (RETT) budget (page 29) has been updated with the removal of the widening of Vail Valley Drive for a bike/pedestrian pathway. Staff recognizes that the General Fund 2011 forecast is not balanced at this time, but we are committed to either reducing expenditures or pursuing revenue sources to achieve that goal. Specifically, adding operations for a new West Vail Fire Station increase the challenge to balance the General Fund in future years. One solution that covers the increase from fire operations is to alter the sales tax split from 61/39 to 63/37, a 2% increase to the General Fund (decrease to the Capital Projects Fund). This would provide approximately $350,000 -$370,000 per year based on current revenue projections. Changing economic conditions require a new look at our current capital strategic plan. Beyond 2011, our current projections indicate a lack of sufficient funding for the town's capital needs. Council and staff will be challenged to prioritize capital projects and how to fund them. Potential revenue sources and funding mechanisms not incorporated in capital projections at this time include impact fees, a$4.3 million commitment from Vail Resorts for net new parking, new debt financing, potential use of Conference Center Funds, changing the split sales tax, and potential transfer of General Fund balance. All of these sources, along with a thoughtful prioritization of projects will be reviewed by staff during the 2011 budget process. B 7-1-2\n MEMORANDUM To: Town Council From: Stan Zemler Mark Miller Judy Camp Date: October 1, 2009 Subiect: West Vail Fire Station Fundinq Oqtions Action Requested of Council In the evening session of Tuesday's Council meeting, Mark Miller and Don Watkins of Belford-Watkins Architects will present West Vail fire station design schemes, followed by a discussion of an operating budget and capital funding options. Council is requested to: • Direct staff to move forward with design development of the West Vail fire station • Direct staff to accept the SAFER matching grant for partial funding of three firefighters • Adopt the 2010 General Fund including the SAFER grant and West Vail station operating expenses budgets as presented for second reading • With regard to capital funding for the West Vail fire station 1. Adopt the 2010 budget with an amendment to incorporate the non-debt financing option proposed below, with the exception of fire impact fees which have been presented, but not approved or 2. Adopt the 2010 budget as currently proposed including debt financing and continue to pursue the non-debt financing option for inclusion at a later date West Vail Fire Station Budget Impact The attached spreadsheet shows the impact of the West Vail station on General Fund operating expense and Capital Projects fund as currently included in the 2010 proposed budget and five-year projections. Staff Recommendation for Capital Funding Staff recommends pursuing a combination of several options including: a fire impact fee; Eagle County capital funding; and cash from the Capital Projects and General Fund. Although we have included debt financing in the 2010 proposed budget to illustrate how the project could be financed, we encourage Council to consider the following scenario for cash funding in 2010 with the potential of subsequent replenishment of up to 80% from a fire impact fee: General Fund 2008 Surplus $2,341,000 General Fund Balance 1,318,000 Capital Projects Fund Balance or Deferrals 1,000,000 Eagle County 500,000 2008 Incremental Property Tax Reserved for Council Discretion 441,000 $5,600,000 Capital Funding Alternatives • Certificates of Participation (C.O.P.'s) - This is the funding mechanism included in the 2010 proposed budget and five-year Capital Projects Fund projection. C 7-1-3\n Certificates of participation are a type of bond financing collateralized by the project being undertaken or, in some case, another important municipal building. They do not require a TABOR election as other types of bonds do and, therefore, could be available in April of 2010 corresponding with the desired start time for construction of a West Vail fire station. The projections used in the 2010 budget proposal are based on Piper Jaffray's analysis which includes 20-year financing at 4.4% interest to fund a$5.6 million project. Annual debt service on these C.O.P.'s is approximately $480,000. Financing costs under this scenario are $4.2 million in addition to the $5.6 million project costs for a total cash expenditure of $9.8 million over 20 years. The town's investments are currently earning 0.75%. At that rate, the opportunity cost of $5.6 million is just $42,000 annually compared with an annual cost of $246,400 at the C.O.P. rate of 4.4%. The actual amount of C.O.P.'s required will be adjusted as costs of the station and other potential financing sources are finalized. All numbers included in the 2010 budget at this time are planning tools, subject to formal approval by Town Council of the project and the bond issuance. • Eagle County - We have submitted a request for $500,000 in capital funding for the West Vail station from Eagle County. The county has previously included this funding in their budget; however, it must be requested annually. We submitted our 2010 request in August as part of the county's capital budgeting process and expect a decision following the county's adoption of their 2010 budget. When we have approval from the County Commissioners, we will adjust the proposed budget accordingly. County funding could reduce the proposed C.O.P. debt service by approximately $40,000 annually and $800,000 over the 20 year life of the C.O.P.'s. • Cash - Assuming the West Vail fire station is a priority; staff recommends Council consider the use of cash to fund the West Vail fire station, with partial replenishment from the fire impact fee discussed below. Recognizing the challenges facing the Capital Projects Fund in 2011 and 2012, use of cash avoids up to $4.2 million of financing costs for this project and preserves our ability to fund larger projects in the future as part of our long-term capital strategy. Because we have deferred capital projects from 2010, cash is available from the Capital Projects Fund. Staff recommends using $1.0 million for the West Vail fire station. The proposed budget also includes $441,000 from incremental property tax generated in 2008, which you have set aside for a capital project at your discretion. There is a logical basis for using funds generated by property owners to pay for increased fire protection provided by a third station. If $1 million is funded from the capital projects budget, the ending fund balance will be $2.6 million, representing 33% of annual revenue. The General Fund 2008 surplus is also a possible source of cash, with approximately $2.3 of the $3.2 million available per the 2010 budget proposal as presented for second reading. The General Fund balance accumulated over the past several years is another potential source. If Eagle County appropriates $500,000 as discussed above and D 7-1-4\n Council agrees to the cash sources mentioned above ($441,000 incremental property tax; $1 million from the Capital Projects budget; and the remaining 2008 surplus of $2.3 million) an additional $1.3 million would be needed. Transferring that amount from the General Fund balance, the resulting fund balance of $18.5 million would be 64% of annual income compared with Council's goal of a minimum of 35% during redevelopment. • Fire Impact Fees - Outside consultants presented a nexus study for fire impact fees and to Council on September 1, 2009. A fire impact fee of $2,373 per single family equivalent (the maximum allowed by the study) could be expected to generate $5.1 million for capital improvements (including a third fire station) over fifteen years. Actual amounts and timing would depend on new development activity. A fire impact fee can be imposed by ordinance based on the nexus study already completed and can work in conjunction with the other options discussed here. With the C.O.P. option, the impact fee would provide cash to pay debt service. In the non-debt option, the impact fee would replenish cash spent from existing sources in 2010. • Federal Grant - The best funding alternative would be receipt of a$5 million federal grant. We applied for a grant earlier this year and expect to hear on September 30tn whether it will be awarded to us. Based upon the number of grant applicants, however, we believe our chances of receiving the grant are small. E 7-1-5\n West Vail Fire Station Cost projections 2009 2010 2011 2012 2013 2014 Amended Proposed Forecast Forecast Forecast Forecast Comments Operations: Revenue Intergovernmental Revenue (Federal Grant) - 117,000 104,000 65,000 39,000 - SAFER Grant revenue Total Revenue - 117,000 104,000 65,000 39,000 - Expenditures Salaries 150,000 214,710 240,780 248,003 255,444 3 FF's; starting spring 2011, Increase In resldentshlfts Benefits - 59,850 60,000 61,800 63,654 65,564 Subtotal Compensation and Benefits - 209,850 274,710 302,580 311,657 321,007 All Other Operating Expenses - - 19,000 19,000 19,000 19,000 Flre Statlon utllltles, supplles Heavy Equipment Operating Charges - - 20,000 20,700 21,425 22,174 Fuel and maintenance for truck Total Expenditures - 209,850 313,710 342,280 352,082 362,181 Revenue Over (Under) Expenditures • (92,850) (209,710) (277,280) (313,082) (362,181) Capital: Fire Truck 570,000 Fire Station: Planning & Design 300,000 Fire Station: Construction 2,800,000 2,800,000 Total Expenditures 300,000 2,800,000 3,370,000 - - - Debt Proceeds on Fire Certificates of Participation (5,600,000) Debt Service on Fire Certificates of Participation 121,081 482,163 484,163 485,488 481,113 Total Debt Service and Financing: - (5,478,919) 482,163 484,163 485,488 481,113 Total Expenditures 300,000 (2,678,919) 3,852,163 484,163 485,488 481,113 F 7-1-6\n ~ TOWN OF VAIL ~ PROPOSED 2010 BUDGET October 6, 2009 Second Reading 7-1-7\n Town of Vail Proposed 2010 Budget Table of Contents 2010 Budget Highlights 1 This is a verbal summary of the key assumptions, changes, and results of the 2010 proposed Budget. Major Revenue Analysis 9 Summary of Changes in Personnel 10 Ten-Year Summary of Budgeted Positions by Department 11 Employee Benefits Summary 13 This report shows the list of employee benefits by percentage and costs. General Fund Revenue and Expenditures 15 This schedule shows the major revenue and expenditures by category In the General Fund Contributions and Special Events 17 Proposed expenditures for the 2010 budget. Capital Plan Summary 26 This summary provides project costs grouped by type of capital project (i.e. "Roads") Real Estate Transfer Tax Fund Revenue and Expenditures 29 This schedule shows revenue by type and expenditures by project in the RETT Fund for 2008, 2009 and proposed 2010. Marketing Fund Revenue and Expenditures 31 Debt Services Fund and Expenditures 31 Heavy Equipment Fund Revenue and Expenditures 32 Dispatch Services Fund Revenue and Expenditures 33 Conference Center Fund Revenue and Expenditures 34 Health Insurance Fund Revenue and Expenditures 34 7-1-8\n TOWN OF VAIL 2010 BUDGET PROPOSAL GENERAL AND RELATED FUNDS The Town of Vail 2010 budget proposal presented in this document reflects the town's vision to be the premier mountain resort community in a fiscally responsible manner. During 2009, the budget was adjusted for reduced revenue projections as well as significant reductions in expenditures. Specifically, the revenue budget has been reduced by $3.0 million, and operating expenditures have been cut by $2.9 million. Capital projects in both the Capital and RETT funds have been deferred to later years, or in some cases will be completed early due to cost savings. In June, Council agreed to use the $3.2 million of surplus from 2008 to support ongoing operations in 2009 and 2010. 2010 no longer requires the use of surplus, as indicated in this second reading of the budget ordinance. During the budget process for 2011, staff will propose additional changes to operations in order to function within annual revenues. This document has been updated to reflect changes made in the General Fund, Capital Projects Fund and the Real Estate Transfer Tax (RETT) Fund. All changes are highlighted in gray. REVENUE The town's 2010 budget is funded by a projected $46.9 million net revenue budget. Net revenues exclude inter-fund charges and transfers. 2010 projected revenues are a 11.0% increase from the 2009 forecast and a 19% reduction from 2008. (See page 9 for the Major Revenue Analysis). The below chart identifies the various sources of town revenue: WHERE THE MONEY COMES FROM 2010 Proposed Net Revenue $46.9 million Rent, Fines & Miscellaneous 7% Earnings on Investments Charges for Services 3% Transportation Centers 120o Sales Tax 35% Intergovernmental Revenue 10% Licenses and Permits 2% Real Estate Transfer Tax Property and Ownership 9% Ski Lift Tax and Use Tax Tax Franchise Fees 1% 11% 9% 1 7-1-9\n Sales Tax will produce approximately 35% of annual revenue for 2010. The $16.6 million of sales tax projected is flat with the 2009 budget, and a 15% decrease from 2008 collections. Real Estate Transfer Tax collections of $4.3 million represent 9% of total annual revenues. Since 2004, we have separated RETT revenue into two categories: collections from major redevelopment projects (such as Arrabelle, Four Seasons, Ritz Carlton Residences, etc.) and "base" collections, which represent all other real estate transactions. This separation allows for more accurate trending. "Base" collections are projected flat for 2010, and collections from major redevelopment are budgeted at an increase with the assumption that the Four Seasons, Ritz Carlton Residences and Solaris will begin sales during 2010. Property and Ownership Tax of $5.0 million will generate 11 % of total revenues for 2010. The current base mil levy is 4.69 and constitutes 10% of the average taxpayer's property tax bill. The property tax projection was increased by $200,000 based on the August '09 report received from the County assessor. Ownership tax was budgeted flat with 2009. Parking revenue from the transportation centers is projected at $5.4 million for 2010, or 12% of total revenues. This projection is flat with the 2009 budget. Intergovernmental revenue includes federal and state grants, county sales tax, county road and bridge tax, highway users' tax, cigarette tax and E911 Authority Board. For 2010, this revenue source represents $4.8 million, or 10% of total revenues for the town. A majority of this revenue stems from the federal transit center grant ($2.5 million expected in 2010), $117,000 for fire fighters from the SAFER grant, and $82,000 for a police officer from the COPS grant. Ski Lift Tax and Franchise Fees total $3.1 million and $1.1 million, respectively for 2010, virtually flat with the 2009 budget. These revenues represent 9% of the total annual revenue. 2 7-1-10\n EXPENDITURES The town's expenditure budget for 2010 is $51.2 million excluding inter-fund transfers and charges. This is a 10.4% decrease from the 2009 amended budget. Sixty-five percent of the expenditures are to provide municipal services and thirty-five percent to fund capital improvements including debt service. WHERE THE MONEY GOES 2010 Proposed Expenditures $51.2 million Debt Service, 5% Capital Improvements, Municipa Servi es Personnel, 43% 30% 6 % Materials & Services, 18% Contributions, Marketing & Special Events, 4% Within municipal services, 43% of spending is related to staffing costs. These costs include salary expense, overtime, and benefits such as health insurance, disability coverage, worker's compensation, pension, life insurance, unemployment and Medicare. The town's operations are supported by 289 full time equivalent (FTE) positions in 2010, down from 300 at the beginning of 2009. Of these, 221.5 are full-time regular employees. During 2009, the town reduced a net of 10.6 FTEs. The only additions to the 2010 proposed budget are two dispatch services positions which will be externally funded by the E911 Board. The town is proceeding with a federal "COPS" grant, which will fund one police office for three years (four year commitment). This grant will fund a position that has been previously budgeted, but is currently vacant. Also included in the 2010 proposed budget is the acceptance of the SAFER grant, which will fund a portion of 3 fire fighters for 4 years. This grant acceptance is dependent upon Council moving forward with the West Vail Fire Station construction. Please refer to page 10 for a detailed explanation of FTE changes, and page 11 for a 10 year history of the town's FTE count. Employee benefits are projected at $5.7 million, representing 36.3% of salary expense for 2010 (please refer to page 13 for a breakout of employee benefits). The largest single component of benefit cost is health insurance at 43%, followed by pension contributions at 38%. 3 7-1-11\n BENEFIT COSTS By Category Wellness Benefit Medicare 3% 4% Health Insurance 43% Pension 38% Life, Disability, and Unemployment Workers' Insurance Compensation 7% Insurance 5% The town is self-insured and has managed rising benefit costs by increasing healthcare contributions paid by both the town and the employee, utilizing forfeited pension benefits to offset pension contributions, and using $150,000 of reserves in the 2010 Health Insurance Fund to offset an 8% trend in expected claims experience. The reserve will be maintained at a healthy level, and is adequate to cover 47% of annual claims expense (guideline is normally 35%). See page 34 for a detailed fund statement for the Health Insurance Fund. While the above narrative summarized the overall proposed town financial outlook for 2010, the following provides an explanation of budgetary assumptions for each fund: GENERAL FUND The General Fund supports the town's basic municipal operations. The attached General Fund proposed budget has been balanced, which results in a projected fund balance of $22.2 million at the end of 2010, representing 76% of annual revenues. 35% was the Council directive in prior years as the minimum fund balance during redevelopment. REVENUE - $29,095,088 The General Fund's primary source of revenue is sales tax followed by parking, property and ownership tax, and lift tax. Sales Tax - $10,126,000 In this budget proposal, 61 % of the town's 4% general sales tax is allocated to the General Fund. The remaining 39% is allocated to the Capital Projects Fund. This split 4 7-1-12\n is the same percentage approved in the 2009 original budget. However, by Charter, approval of this budget will require an affirmative vote by five out of seven Council members (a super majority) because less than 50% of the sales tax revenue will be dedicated to capital acquisition and improvements. 2010 sales tax revenue is projected to be flat with the 2009 budget. 2009 is currently budgeted at a 15% decrease from 2008. Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary assumptions were discussed above, in the Revenue section. Licenses and Permit Fees - $732,200 The largest component of licenses and permits is construction permit fees, which includes building, mechanical, plumbing, and electrical permits. The 2010 budget for construction permits is projected at a 45% decrease from 2009 due to limited construction activity. EXPENDITURES - $29,095,088 During the budget process, the town manager directed the following goals: • 0% increase to operations • 0% performance-based merit pool for salaries & wages • Maintain benefits cost at 40% or less of full-time employee total wages All three goals were met or exceeded. Departmental expenditures came in at a decrease of 7.0% compared to the original 2009 budget and a decrease of 0.7% compared to the amended 2009 budget for operating expenditures. The departments made additional reductions which resulted in a total decrease in spite of additional charges for loading and delivery of $75,000 and a 6% increase in utilities ($65,000). Charges to the departments for fleet maintenance and replacement increased 5% ($132,500) due to the uncertainty of fuel costs. Although 3 new fire fighters (partially funded by the SAFER grant) are currently included, total personnel costs are proposed at a 1.0% decrease, and the cost of benefits for full-time employees came in under the goal in spite of an overall increase of 0.7 percentage points for a total of 36.3% of wages (page 13). All of the above result in total expenditures for the General Fund at a decrease of 0.7% from the 2009 amended budget. Council contribution requests are included in this proposal so that Council can review them as a part of the entire budget and evaluate financial impact to the town. Of the $2.0 million in funding requests, $1.6 million is recommended by staff (flat with 2009). Currently, funding for Council contributions is included in the proposed budget at this level. Please refer to pages 17-25 for detailed information regarding Council contributions. CAPITAL PROJECTS FUND REVENUE - $10,459,515 Sales tax is a primary revenue source for capital projects. For 2010, $6,474,000 or 39% of the town's projected sales tax revenue is allocated to the Capital Projects Fund. This is the same split used in the 2009 original budget. 5 7-1-13\n Federal grant revenue of $2.5M is included, however that money is restricted to use toward a transit center and is offset by the same amount of expenditure, currently shown as a transfer to the Vail Reinvestment Authority. An additional $28,500 of grant money has been awarded to the police department for the LiveScan Interface software, which links the town's software data to other agencies. The sale of the Arosa Drive duplex employee housing units is included in 2010, for a total of $770,000. This will reimburse the town for construction costs incurred in 2009, also budgeted at $770,000. Use Tax collections are budgeted at $500,000, flat with the 2009 amended budget. No major projects are assumed. EXPENDITURES - $14,499,794 In addition to a debt service payment totaling $2.3 million, noteworthy projects for 2010 include: • Annual capital maintenance of town facilities, parking structures and streets totaling $1.8M. • Neighborhood road reconstruction of $1.1 M for Mill Creek Circle to correspond with a project to be completed by the Eagle River Water and Sanitation District. Road reconstruction of Vail Valley Drive was put on hold until 2011. • Replacement of 6 town buses ($2.2 million). • Annual budget of $500,000 for the purchase or buy-down of employee housing • Transfer of federal grant money for the transit center to the Vail Reinvestment Authority (shown both in revenue and expense): $2.5M Since the first reading of the 2010 proposed budget, expenditures have been updated to include assumptions relating to the West Vail Fire Station. The Capital Projects Fund now includes construction of the station at an estimated $5.6 million, offset by Certificates of Participation (COPs) and the related debt service ($121,081 in 2010, and approximately $480,000 each year thereafter for 20 years). Expenditures also include the purchase of a new fire truck in 2011 ($570,000). The Capital Projects fund is projected to have a fund balance of $6.3M at the end of 2010, not including unfunded projects. Changing economic conditions require a new look at our current capital strategic plan. Beyond 2011, our current projections indicate a lack of sufficient funding for the town's capital needs. Council and staff will be challenged to prioritize capital projects and how to fund them. Potential revenue sources and funding mechanisms not incorporated in capital projections at this time include impact fees, a$4.3 million commitment from Vail Resorts for net new parking, new debt financing, potential use of Conference Center Funds, changing the split sales tax, and potential transfer of General Fund balance. All of these sources, along with a thoughtful prioritization of projects will be reviewed by staff during the 2011 budget process. 6 7-1-14\n REAL ESTATE TRANSFER TAX (RETT) FUND REVENUE - $4,818,826 The primary revenue source for this fund is the 1% real estate transfer tax, accounting for $4,283,000 in projected revenue for 2010. Base transactions are budgeted flat compared to the 2009 forecast however preliminary sales from the Four Seasons, Ritz Carlton Residences and Solaris contribute to the overall increase. Although all three projects are scheduled for completion by July, 2010, budgeted revenue is based on only 25% of units selling, at 80% of current list price. EXPENDITURES - $5,054,905 Use of the RETT Fund is restricted by ordinance to parks, recreation, open space, and environmental sustainability. In addition to ongoing capital maintenance items of $2.5M, noteworthy projects for 2010 include: • Continued master planning for Ford Park, including parking survey work ($1.OM). • Improvements to VRD-managed assets totaling $690K. Significant projects include improvements to the golf clubhouse, tennis court repairs, and ADA access for both the clubhouse and youth services facility. • Reconstruction of the Red Sandstone Park and Playground ($439K). • Continuation of Forest Health projects ($265K). • Environmental Sustainability programs ($250K). The RETT fund is projected to have a fund balance of $9.4 million by the end of 2010. VAIL MARKETING FUND Business license fees provide the revenue for this fund, which is restricted to marketing Vail. Revenue is expected to be down less than one percent compared to 2009. Expenditures for marketing through the Commission on Special Events (CSE) are flat at $280,000. DEBT SERVICE FUND This fund is used to manage principal and interest on the town's outstanding debt. Funds are transferred from the Capital Projects Fund to meet annual debt service requirements and to cover the next upcoming principal and interest payments on the 2002B and 2008 bonds. All debt (principal balance of $6.3M at 12/31/09) is scheduled to be repaid by the end of 2012. 7 7-1-15\n HEAVY EQUIPMENT FUND This is an internal services fund that manages the maintenance and repair of town vehicles and equipment and the purchase of replacement vehicles other than buses and fire trucks. Costs are charged back to departments based on their use of the vehicles and equipment. The 5% increase in charges back to the departments is attributable to the uncertainty of fuel costs in 2010 (during 2009, the fuel budget was reduced significantly). DISPATCH SERVICES FUND This is an enterprise fund, e.g., more than half of its revenue is from sources outside of the town, managing emergency communications for all of Eagle County. The county and 911 Board currently funds seven dispatcher positions and a systems engineer. In 2010, this will increase to nine dispatchers and a system engineer. CONFERENCE CENTER FUND This fund was established in 2003 to account for a 1.5% public accommodations tax and a.5% sales tax imposed by election for the purpose of building and operating a conference center in the town. These taxes were rescinded by election in November of 2005. A TABOR election is required to release Conference Center funds for any purpose. The fund balance is projected to be $9.4M by the end of 2010. HEALTH INSURANCE FUND This internal services fund manages the costs of providing health and short-term disability insurance to employees. Net costs are charged to departments as employee benefits. Since the town is self-insured on these items, a sufficient fund balance is maintained to absorb extraordinary claims experience. Claims over $75,000 per person are covered by an indemnity "stop loss" insurance product. Although increasing healthcare costs are shared with employees, staff has recommended use of $150,000 of fund balance to help offset the anticipated increase in medical claims for 2010. 8 7-1-16\n Major Revenue Analysis 2010 Budget 2005 2006 2007 2008 2009 2009 2010 2011 Actual Actual Ac[ual Actual Budget Forecas[ Proposed Projection Commen[s vs.'08 actuel vs.'OS acwal 'm vs.'09 amanti , vs. 2010 General Sales Taz 16,791,157 17,986,796 18,913,138 19,631,366 19,400.000 16,600,000 16,600,000 17,430.000 2009 collections reduced by 15%; Rat in 2010: 5% increase in 2011 7.8% 7.1 % 5.2% 3B% -1.2'% -15 .r./ 0.0% 5.0% RETT Tax 6,206p54 6,239,744 6,536,118 9,091,917 6,241,000 2,420,000 4,283,000 3,561,000 Projeclion for 2009 reauced. mis change also alterea me 2010 - 2014 projections 28.0 % 0.5 % 1 .7 % 39.1% -314% -714% 77.0 % -16.9 % 2010 inGludes intial Sales of Solaris. RitZ and FoUf Seasons estimated at 25% oP total units available, at 80 % oP the currently listed price. Parking Revenue 3,651.537 4.007.334 4.514,392 4705,985 5,680,744 5,432744 5,432744 5,622.900 2009 reduced for pass sales 2010 flat with'09: 2011 3.5 % increase 'I1.1% 97% 12.7% 1 .2% 20.7% 15.4 % 0.0%i 3.5% Property Taz Revenue 2.468,978 2,750,693 2,819,823 4,092,056 4.110,000 4,110,000 4,830,647 4,830,647 Updated basad on August'09 report from CounTy assessor; 0 .1'/ 11 11/1, 25/ 15.1 / 0 .1 'G, a<% 17.5'/ o.o'/ did not indude potential abatement mils as a safeguard against future appeals Lik Taz Revenue 2,777,698 2,975,097 3,039,619 3,277,703 3,190,000 3,115,000 3,115,000 3,193,000 2009 based on YTD ac[ual and assumes remainder of year to be flat with 11.3 % 7.1 % 22% 7.8 % -27 % -5.0% 0 0% 25% 2008 (net 5% decr); 2010 Flat with 2009 and 2011 slight increase of 2.5% Constructlon Fees 2,466954 3.481.989 4.992752 3799,444 1,681250 1,261,250 673250 673,250 Reduced based on slowdown of redevelopment activiry; No major 533'/, 11.2%~3.~%-23.9% -55.8%-66.8%-16.6/, 0.0%, IedeVelopmentpYOjeCtsassumedfDl'2010o12011 Construction Use Taz - - - 608.483 1.000,000 500,000 500,000 500.000 Reduced hased on slowdown of redevelopment activity; No major N/A 61.3 % -17.8 % 0.0 % 0.0 % fedeVelopment projeGts assUmed for 2009 thYU 2011 Other Taxes 1,251,928 1.367,139 1,399739 1.644.975 1,298,719 1,333,719 1.335200 1,341,760 County sales tax, Road & Bridge. Hwy users revenue, etc. -02'/ 92'% 21/ 17.5/. -21 0'/ -18.9ti O.T/ 0.5/ Federal I County Grants 19.500 1,739.052 59.542 - 1,400.000 120.834 2,707,015 1.515.000 S120K in'09 and $25M in'10 fortransit center; 2010 SAFER grant $117K, NIA N/A NIA NIA NIA NIA 21~0.3 0 <<<.o a COPs Grant $82K and $28.51K police LlveScan software: 2011: buses 6600K. bridge reconstitictlon 5828K Earnings on Investmen[s 1,112,872 2,133,315 2,585,412 1,478,466 985,111 298,719 240,200 354,906 2009 based on .5% return on fund balances; 2010 flat but reduced fund 199.39K 91.7% 21.2% -428a -33.4% -79.8% -19.6% 478% balance5:2011basedon1%fetum Rental Income 780214 827280 897.958 949.961 795.300 906.382 882796 905.000 2009 increase due to additional employee units to rent 2010 and 2011 flat -3.0% 6.0% 8.5% 5.8% -16.3% -"6% -26% 2.5% With2009 E911 and Interegency Dispatch 1,165,164 1.337.583 1.528.608 1.657.622 1,814.512 1.846.415 1,916.339 1,956,776 Incl. adding 1 FTE inid-year 2009 and 1 more FTE 2010 (funded by E911) 7.1 % 11, .8/: 11 .3/ 8.,% 9.51/1' 11.2/: 3.8% 21% Otherwise.2010interagencychargesflatwith2009:1.5% increasefor2011 All Other Revenue 1425Q560 5,317,935 7,558,115 7,080720 3.348,558 4,169,534 4,348,765 3.868270 20051nduded S4M Conference Center collectlons & 52M project relmb. 17.0/ t8.1 / 12 ,1y -6.3 / 527 / -11.1 1 .3 / -11 .0 1/12007 Induded 612M recreaCion ammenlCies and S1.3M project reimb. 2008 Induded over S1 M of project relmbursement and $500K in Employee Total Revenue 48,941716 50.163.958 54.845217 58.018.698 50.945.194 42.114.597 46.862.956 45752509 Housing Fee-in-Lieu % compared to Prior Year 11.1% 2.5% 9.3% 5.8% -12.2% -27.4%: 11.3%: -2.1% 7- 1 g 1 7\I1 Town of Vail 2008 Budget Summary of Changes in Personnel From 2009 Original Budget to 2010 Budget 2009 Changes Comments Full-time Regular Positions Fire 3.00 Fire fighters for new West Vail station; partially funded by grant Transit - Buses (2.00) Reversed the conversion of 2 seasonals to full-time employees Community Development (1.00) Reduced planner position Community Development (1.00) Reduced electrical inspector vacancy Fleet Maintenance (1.00) Converted full-time journey mechanic to summer seasonal (2.00) Fixed Term / Externally Funded Community Development (3.50) Building inspector, plans examiner, Sr. Planner and Admin support Fire (2.00) Fire inspectors Police (3.00) CEO Capital projects (1.50) Engineer and .5 streetscape inspector Dispatch 2.00 E911 funding two additional dispatch positions (8.00) Seasonal Positions Public Works Street Mtce (0.96) Remove 2 seasonals Parks - Landscaping (1.44) Remove 3 seasonals Transit - Buses 1.76 Reversed the conversion of 2 seasonals to full-time employees Fleet Maintenance 0.25 Converted full-time journey mechanic to summer seasonal Community Development (0.25) Removed Planning Intern (0.64) Total Changes to FTE Count: (10.64) 10 7-1-18\n TOWI OF VA[L 20U9 6GDGGT TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2010 Positions Department 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Change Full-Time Regular Positions - Funded by TOV Town Officials 6.50 7.10 7.10 6.50 6.90 6.90 7.06 6.23 623 6.23 0.00 Administrative Services 18.45 18.00 18.00 18.00 19.15 18.15 19.68 21.02 20.35 20.35 0.00 Community Development 14.00 15.00 15.00 14.00 13.85 13.85 15.18 15.18 17.85 15.85 (2.00) Fire 16.00 18.20 18.20 18.00 18.00 18.00 18.00 22.00 2125 24.25 3.00 Police and Communications 61.25 60.25 61.75 54.25 56.25 54.25 54.50 54.50 54.50 54.50 0.00 Library 8.75 8.75 8.75 6.38 6.38 6.38 6.63 6.63 6.55 6.55 0.00 Public Works, Streets & Roads, L 30.00 29.00 29.75 29.75 31.25 31.75 31.75 31.75 30.80 30.80 0.00 Transportation & Parking 28.50 28.50 28.50 27.50 30.50 31.00 31.00 31.00 33.00 31.00 (2.00) Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 12.00 (1.00) Facility Maintenance 21.50 21.50 20.50 20.50 20.00 20.00 20.00 20.00 20.00 20.00 0.00 Capital Projects 1.00 1.00 1.00 1.00 1.00 0.00 0.00 0.00 0.00 0.00 0.00 Total FTE's - Full-Time Regular 278.95 220.30 227.55 208.88 216.28 213.28 216.80 221.31 223.53 221.53 (2.00) Fixed Term Employees Administrative Services 1.00 1.00 1.00 - 1.00 - - - - 0.00 Community Development 2.00 6.00 6.00 5.00 4.00 4.00 0.50 (3.50) Fire 1.00 2.00 2.00 2.00 2.00 - (2.00) Police and Communications - - - - 1.48 3.48 3.48 3.48 3.00 - (3.00) Public Works, Streets & Roads, Landscaping 1.75 1.63 1.63 1.63 1.50 1.50 0.00 Capital Projects 125 1.63 1.63 1.63 1.50 - (1.50) Document Imaging 0.75 0.75 0.75 0.75 1.00 1.00 1.00 0.00 Total Fixed-Term 0.00 1.00 1.00 3.75 1223 16.49 14.49 13.74 13.00 3.00 (10.00) Externally Funded Employees Police and Communications 4.00 4.00 7.50 8.00 6.50 8.00 9.00 9.00 9.00 11.00 2.00 7-1-19\n ii TOWI OF VA[L 20U9 6GDGGT TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 2010 Positions Department 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 Change TExternally Funded 4.00 4.00 7.50 8.00 6.50 8.00 9.00 9.00 9.00 11.00 2.00 Seasonal Positions - Funded by TOV Town Officials 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Administrative Services 0.42 0.42 0.42 0.42 0.98 1.04 0.59 1.19 1.94 1.94 0.00 Community Development 0.96 0.96 0.96 0.48 0.00 0.00 0.00 1.25 0.25 0.00 (025) Fire 1.40 1.40 1.40 1.51 1.68 7.20 7.20 10.20 10.20 0.00 Police and Communications 0.93 0.93 0.48 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Library 0.93 0.93 1.09 2.48 2.48 2.48 1.70 1.70 1.70 1.70 0.00 Public Works/ Streets & Roads/L~ 10.18 10.18 9.55 7.57 8.69 8.94 11.42 11.90 12.86 10.46 (2.40) Transportation & Parking 25.75 28.00 26.89 25.84 23.24 22.78 25.31 26.70 25.70 27.46 1.76 Fleet Maintenance 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.25 025 Facility Maintenance 0.83 0.83 0.83 1.33 1.33 1.36 1.38 1.38 1.38 1.38 0.00 Total Seasonal / Part-Time 40.00 43.65 41.62 39.52 3823 38.28 47.60 51.32 54.03 53.39 (0.64) All FTE's (Full-Time Equivalents) Town Officials 6.50 7.10 7.10 6.50 6.90 6.90 7.06 6.23 6.23 6.23 0.00 Administrative Services 18.87 19.42 19.42 19.42 20.13 20.19 20.27 22.21 22.29 2229 0.00 Community Development 14.96 15.96 15.96 16.48 19.85 19.85 20.18 20.43 22.10 16.35 (5.75) Fire 16.00 19.60 19.60 19.40 20.51 21.68 27.20 31.20 33.45 34.45 1.00 Admin 3.00 3.00 2.00 2.00 2.00 2.00 2.00 0.00 Patrol 27.00 28.98 30.48 31.00 31.25 31.00 28.00 (3.00) Investigation 5.00 5.00 5.00 5.00 5.00 5.00 5.00 0.00 Records 5.25 525 5.25 5.50 525 5.50 5.50 0.00 Dispatch 22.00 22.00 23.00 23.48 23.48 23.00 25.00 2.00 Police and Dispatch Total 62.18 61.18 62.23 6225 64.23 65.73 66.98 66.98 66.50 65.50 (1.00) Library 9.68 9.68 9.84 8.86 8.86 8.86 8.33 8.33 8.25 825 0.00 Public Works, Streets & Roads 40.18 39.18 39.30 37.32 41.69 42.32 44.80 45.28 45.16 42.76 (2.40) Transportation & Parking 5425 56.50 55.39 53.34 53.74 53.78 56.31 57.70 58.70 58.46 (024) Fleet Maintenance 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 13.00 12.25 (0.75) Facility Maintenance 22.33 22.33 21.33 21.83 21.33 21.36 21.38 21.38 21.38 21.38 0.00 Capital Projects 1.00 1.00 1.00 1.75 3.00 2.38 2.38 2.63 2.50 1.00 (1.50) Total FTE's 258.95 264.95 264.17 260.15 27324 276.05 287.88 295.37 299.56 288.92 (10.64) 7- 1 - 20\n 12 Town of Vail Employee Benefits 2008 2009 2010 Actual % Salary Budget % Salary Proposed % Salary Full-Time Regular Employees Fee Based Health Insurance 2,300,000 17.6% 2,475,000 17.2% 2,475,000 18.0°/o Group Term Life and Accidental Death Insurance 258,578 2.0% 85,000 0.6% 90,000 0.7% Long-term Disability Insurance 60,000 0.4% 60,000 0.4% Survivor's Life Insurance 76,000 0.5% 75,000 0.5% Short-term Disability Insurance 40,000 0.3% 40,000 0.3% 35,000 0.3% Wellness Benefit 98,672 0.8% 94,000 0.7% 96,000 0.7% Sworn Officer Death and Disability Insurance 56,263 0.4% 62,000 0.4% 70,000 0.5% Subtotal Fee Based 2,753,513 21.1% 2,892,000 20.1°/o 2,901,000 21.1% Payroll Based Pension Contribution 1,959,542 15.0% 2,271,720 15.8% 2,105,425 15.3% Medicare 170,794 1.3% 208,114 1.5% 199,263 1.5% Workers' Compensation Insurance 192,871 1.5% 194,100 1.4% 228,500 1.7% Unemployment Compensation Insurance 27,846 0.2% 43,100 0.3% 48,100 0.4% Subtotal Payroll Based 2,351,053 18.0% 2,717,034 18.9% 2,581,289 18.8% Total Full-Time Benefits 5,104,566 39.1% 5,609,034 39.1°/o 5,482,289 39.9% Part-Time and Seasonal Employees Fee Based Wellness 78,012 4.1% 80,000 4.2% 75,000 4.0°/a Wellness - Boards & Commissions 9,100 0.5% Mini-Med Program 20,000 1.0% 16,000 0.8% Payroll Based Pension Contribution 28,546 1.5% 28,769 1.5% 28,381 1.5% Medicare 27,594 1.5% 27,810 1.5% 27,435 1.5% Workers' Compensation Insurance 28,122 1.5% 25,900 1.4% 31,500 1.7% Unemployment Compensation Insurance 4,060 0.2% 5,754 0.3% 6,622 0.4% Subtotal Payroll Based 88,322 4.7% 88,233 4.6% 93,938 5.0% Total Part-Time and Seasonal Benefits 166,334 8.8% 188,233 9.8% 194,038 10.3% Total Benefits - All Employees 5,270,900 35.2% 5,797,267 35.6% 5,676,326 36.3% Salary expense: Full time employees 14,352,706 13,821,791 Salary expense: Part-time/seasonal employees 1,917,923 1,892,047 Total Salary expense (not incl OT): 16,270,629 15,713,838 Note: Total cost has decreased from 2009 by $120,941 The percentage increases because total salary expense has gone down 13 7-1-21\n Town of Vail Health Care Plan Employee Contribution Summary 2009 employee costs 2008 Employee Contributions 2007 Employee Contributions 2006 Employee Contributions 2005 Employee Contributions Monthly Premiums Employee only $30 to $60 (deducted from Employee +1 $60 to $120 $ 268,260.00 $ 209,808.00 $ 201,276.00 $ 210,691.00 paychecks) Family $90 to $180 Rx $5 to $45 Co-pays: 90 day Rx $10 - $90 Varies ($25 & up to full Physician visit cost of deductible) Deductibles: Individual $250 to $2,000 Family $500 to $4,000 % of total bill to be paid by $ 275,443.00 $ 292,578.00 $ 260,226.00 $ 257,956.00 Co-Insurance Patient - afterdeductible, up to the out-of-pocket 10% to 40% depending maximum upon plan and network Out of Pocket Maximums Individual $2,500 to $4,500 Family $4,000 to $8,500 Preventative Services $0 Dental Basic & Major Services 30 % to 50 % $ 66,833.00 $ 65,357.00 $ 54,469.00 $ 52,555.00 Maximum of $1500/ ear 100 % of charges over $1 Total Employee Contributions $ 610,536.00 27% $ 567,743.00 20% $ 515,971.00 25% $ 521,202.00 29% Total Eligible Charges for Plan $ 2,292,361.00 $ 2,899,405.00 $ 2.081,412.00 $ 1,809,017.00 14 7 - 1 - 22\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2009 0% 5% 2% 2% 2% 2008 Original 2009 2010 2011 2012 2013 2014 Actual Budget Amended Proposed Forecast Forecasf Forecas[ Forecast Revenue Total Sales Tax Revenue: S 19,631,366 3 19,400,000 9 16,600,000 5 16,600,000 5 17,430,000 S 17,780,000 S 18,135,000 5 18,500,000 Sales Tax Split b/t Gen'I Fund & Capital Fund 59141 61/39 59141 61139 61139 61/39 61139 61139 SalesTax - GeneralFund S 11,640,000 $ 11,860,000 $ 9,760,000 S 10,126,000 $ 10,630,000 $ 10,846,000 S 11,063,000 5 11,285,000 Propcrty and Owncrship 4,309,622 4,293,500 4,293,500 5,013,647 5,013,647 4,391,000 4,398,000 4,482,000 SkiLiftTax 3,277,703 3,190.000 3.115,000 3.115,000 3,193.000 3,288,800 3,357,500 3,489,100 Franchisc Fees, Penalties, and OtherTaxes 1,075,209 899,935 1,049,935 1,056,126 1,091,653 1,122,700 1,156,400 1,191,100 Licenses & Pcrmits 3,903,026 1,755,200 1,335,200 732,200 745,000 781,250 804,000 827,000 Intergovemmental Revenue 1,706,197 1,308,719 1,384,953 1,544,000 1,562,975 1,573,379 1,493,400 1,420,900 SAFER grant added ($177 Yr 7,$704 Yr 2.$65 Yr 3,$39 Yr 4) Transporta[ion Ccn[ers 4,816,505 5,680,744 5,432,744 5,432,744 5,622,900 5,819,700 6,023,400 6,234,200 Charges tor Scrvices 1.000,733 798.838 716,788 724,775 691.100 666,340 694,730 724,743 Fines & Forfei[ures 396,707 260,000 260,000 260,000 269,100 278,500 288,200 298,300 Eamings on Investments 571,073 495,000 115,000 115,000 215,000 423,100 612,100 585,400 Rental Revenuc 949,961 795,300 906,382 882,796 905,000 936,700 969,500 1,003,400 Miscellancous and Project Reimbursements 163,025 59,000 118,440 92,800 91,000 94,200 97,500 100,900 Total Revenue 33,809,761 31,396,236 28,487,942 29,095,088 30,029,775 30,221,663 30,987,730 31,641,443 2.1% 32% 0.6% 25% 2.1% Expenditures Salaries 19,919,994 14,119,592 13,679,687 13,530,070 13,874,405 14,310,266 14,739,574 15,181,761 3 FF's added Jan 2010; Resident shiRs added starting spring 2011 Benefits 4,404,800 4,795,382 4,665,287 4,619,212 4,718,068 4,859,610 5,005,398 5,155,560 Savings from vacant positions $24271K (salary 8 benefits) Subtotal Compensa[ion and Benefits 17,724,794 18,914,974 18,338,974 18,149,282 18,592,479 19,169,876 19,744,972 20,937,921 -1.0% 2.4% 9.1% 9.01/1, 3.0% Contributions, Marke[ing and Special Events 1,366,668 1,315,675 1,322,125 1,225,025 1,286,276 1,328,000 1,367,800 1,408,800 All OtherOperating Expenses 7,038,794 7,383,434 6,241,412 6,206,218 6,434,000 6,572,400 6,713,700 6,915,900 Added $45K for elec insp; $61K for Treas fees; utili[ies 8 ops ofthird fire sta[ion ($19K) '11 -14 Heavy Equipment Opcrating Chargcs 2,351,269 2,147,637 1,940,928 2,074,812 2,198,553 2,275,502 2,355,145 2,437,575 2011: $20K per year for maintenance and fuel of new fire truck Heavy Equipmen[ Replacemen[ Charges 635,903 678,881 678,881 677,538 980,100 865,944 966,700 777,000 DispatchScrvices 533,164 543,072 543,072 522,213 544,220 571,087 593,715 615,667 Total Expcndi[ures 29,650,592 30,983,673 29,065,392 28,855,088 30,035,622 30,782,809 31,742,032 32,492,263 -07% 4.1% 2.5% 3.1°0 2.4% Revenue Over (Under) Expenditures 4,159,169 412,563 (577,450) 240,000 (5,847) (561,10.6) (750.,302) (850,820) Transferto Capital Projects Fund (441,000) Winter Economic Marketing Campaign (550,000) Investment in Employee Home Ownership' (375,000) (250,000) (240,000) (250,000) (250,000) (250,000) (250,000) Reduced [0 6 employees at $40K each for2010 Total Expendi[ures 30,641,592 91,358,679 29,315,392 29,095,088 90,285,622 31,092,809 31,992,032 92,742,269 Use of 2008 Surplus 827,450 Ne[Surplus(Expenditures) 3,168,169 37,563 (255,847) (811,146) (1,004,302) (1,100,820) Beginning Fund Balance 19,834,717 21,563,411 23,002,886 22,175,436 22,175,496 21,919,589 21,108,443 20,104,140 Ending Fund Balance 5 23,002,886 5 21,600,974 5 22,175,436 5 22,175,436 5 21,919,589 S 21,108,443 5 20,104,140 5 19,003,320 Perccnt to Annual Revenue 68 % 69 % 78 % 76 % 79 % 70 % 65 % 60 % ' EHOP program is not a permanent expenditure. These funds get retumed to the town if the employee sells or refinances the home. this -item is considered an "Accounts Receivable" Item. but due to govemmental accounting niles must be shown as an expenditure for appropriation and budgeting purposes. 7 - 11; 23\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERALFUND 2009 2009 2008 Original Amended 2010 2011 2012 2013 2014 Actual Budget Budget Budget Forecast Forecast Forecast Forecast Revenue Total Sales Tax Revenue: S 19.631.366 S 19.400:000 5 16.600:000 5 16.600.000 5 17.430.000 S 17.780.000 S 15.135.000 S 1S.500:000 Sales Tax Split b/t Gen9 Fund & Capital Fund 59141 61139 59141 61139 61139 61139 61139 61139 SalesTax S 11.640.000 S 11.860.000 S 9]60.000 S 10.126.000 S 10.630.000 S 10.846.000 S 11,063.000 S 11285.000 Property and Ownership 4.309.622 4293500 4293500 5.013.647 5.013.647 4.391.000 4.398.000 4.482.000 Ski Lift Tax 3277703 3.190.000 3.115.000 3.115.000 3.193.000 3,288,800 3,387.500 3.459.100 Franchise Fees. Penalties. and Other Taxes 1.075209 899.935 1.049.935 1.056.126 1.091.653 1.122700 1.156.400 1.191.100 Licenses & Permits 3.903.026 1755200 1.335200 732200 745.000 781250 804.000 827.000 Intergovernmental Revenue 1706.197 1.308719 1.384.953 1.544.000 1.562.375 1,573.373 1.493.400 1.420.300 Transportation Centers 4.816.505 5.680744 5.432744 5.432]44 5.622.900 5.S19700 6.023.400 6234200 Charges for Services 1.000.733 79S.83S 716]8S 724]75 691.100 666.340 694730 724.743 Fines & Forfeitures 396707 260.000 260.000 260.000 269.100 278.500 288200 298.300 Earnings on Investments 571.073 495.000 115.000 115.000 215.000 423100 612100 585400 Rental Revenue 949.961 795.300 906.382 582796 905.000 936700 969.500 1.003.400 Miscellaneous and Project Reimbursements 163.025 59.000 118.440 92.800 91,000 94200 97.500 100.900 Total Revenue 33,809,761 31,396,236 28,457,942 29,095,088 30,029,775 30,221,663 30,987,730 31,641,443 2.1% 32% 0.6% 25% 2.1% Expenditures by Type: Municipal Services: Town Officials 1224.007 1298703 1267297 1234.126 1284.478 1.315.520 1.356.610 1.388219 Administrative Services & Risk Management 3.164.384 3.466.328 3228.825 3.350.484 3.487.184 3.572271 3.683.011 3768.826 Community Development & Housing 3.327.400 3282.081 2.379.975 1.847.525 1.922.904 1.969.823 2.030.888 2.0782W Police 4.511.846 4.871.111 4708180 4.587.116 4774270 4.890763 5.042.377 5.159.864 Police Communications 535.657 541072 543.072 522213 544220 571.087 593715 615.667 Fire 2577.087 2769703 2]35.009 2.869.190 2.986253 3.059.118 3.153.951 3227.438 Public Works & Streets 3.717.159 3726.449 3552.133 3.649.854 3]9S]6S 1891 458 4.012.093 4.105.575 Transportation & Parking 47S0 515 4.723.939 4.582.449 4.701.320 4.593.134 5.012.526 5.167.914 5285.327 Facilities 3.442.953 3.945.981 3.723.070 3.572255 4.032.789 4.131.915 4260.039 4.361.821 Library 828.056 554.593 520.745 805.119 837.968 858.414 885.025 905.646 Economic Development 1.541.498 1.501713 1.524.634 1.415.586 1.473.654 L509.611 1556.409 1.592.673 Total Expenditures 29.650 .592 30.983.673 29.065.392 28.S55.0S8 30.035.622 30]82.509 31]42.032 32.492263 Revenue Over (Under) Expenditures 4.159.169 412563 (577A50) 240.000 (5,847) (561:146) (754.302) (850.820) Transfer to Capital Projects Fund (441.000) Winter Economic Marketing Campaign (550.000) Investment in Employee Home Ownership Program (375,000) (250,000) (240.000) (250.000) (250.000) (250,000) (250000) Total Expenditures 30.641.592 31.358.673 29.315.392 29.095.088 30285.622 31.032.809 31.992.032 32742263 Use of 2008 Surplus 527.450 Net Surplus (Expenditures) 3,165,169 37,563 - - (255,547) (511,146) (1,004,302) (1,100,520) Beginning Fund Balance 19,834717 21.563.411 23.002.886 22.175.436 22.175.436 21.919.589 21.108.443 20.104.140 Ending Fund Balance $ 23,002,886 $ 21,600,974 $ 22,175,436 $ 22,175,436 $ 21,919,559 $ 21,108,443 $ 20,104,140 $ 19,003,320 7 - 11624\n 2010 Contribution Request Spreadsheet Last Year (incl. off-cycle) 2010 Requests Staff Recommendations Variance to S[aff 20101n- 2009 Cash 20091n-Kind Funded 20091n- 2010 Cash 20101n-Kind Reques[ 20701n- Z009 ~a9e Staff Recom'd In-Kind Kind TOWN OF VAIL FUNDING REQUEST Funded Kind Value Request Kind Value Var Recom'd GENERAL FUND Con[ribu[ions: Funding Cash Value ECONOMIC: A Bravo! Colorado / New York Phllharmonlc 67.500 75.000 7.500 75.000 A Bravo! Colorado / Philadel phia Orchestra 67.500 75D00 7.500 75D00 A Bravo! Colorado/Music Matters Education & Outreach 7.500 7.500 7.500 A Bravo! Golorado - General o eratlons 22.500 15 Ford Park Parkin 15 Ford Park Parkinc7 V2.50015 Ford Park Parkln B Nationai Re ertoN orcr,estra 1 000 1 000 1 o00 C Vail Farmers' Market 5B50 Traffic. buses. si n 4.500 6.500 Traffc. buses. sicns 4.500 650 Treffic. buses. ,,Ins 4.500 D Vail Jazz Festlval (JuneSe t'09) 30.600 45.000 14.400 30.600 E Colorado Ski Museum 95350 95.850 F Vail Vallev Foundation Birds of Prey (Dec 1-4. OS) ADA & ubllc transit 10.000 TOV buses 15D00 TOV buses 10.000 The Session - cancellation announced Nov 52008 Parkin 3.000 American Ski Classic 5.000 Parkinc 3.500 18.000 arkln vouchers 3.000 13000 5.000 parkin vouchers 3.000 Street Beat! Winter Concert Senes 25.650 PD & PN/ su ort 7.500 28.500 PD & PW su ort 7.500 2.850 25.650 PD & PW su ort 7.500 Vail Intemational Dance Festival 45.000 55.000 10.000 45.000 Gerald R Ford Amph-itheater (Hot Summer Nights) 24.525 PD presence 2800 27.250 PD presence 2800 2.725 24.525 PD presence 2800 International Gycle Classic / Colorado Stage 150.000 PD. Fire & PW 15.000 150.000 ve funds 15,000 G Vail Ghamber & Business Association VCBA Premier linpressions 13.500 30.000 16.500 Vail Guide 10.000 10D00 H Radio Free Mintum 2.500 2.500 I Commisslon on 5 ecial Events 791.810 836.810 45.000 791.810 Fund Climbin Wall World Gu 50.000 50.00045.000 kee s arate from CSE TOTALECONOMIC 7,760,235 7,463,910 47,800 303,675 22% 7,726,085 42,800 EDl1CATIONAL J Eacle Valle v Ghildcare -annual contribution 45.000 53.000 8.000 45.000 donate TOV coin uters & set u K Vail Valle Chantable Fund 2.500 2.500 L Pro~ectGraduation 2.500 2.500 M CASA of the Continental Divide 1.000 1.000 N First Descents 5.000 5.000 Vall Valle Exchance / Youth Recocnition AwaN 6,300 6.300 TOTALEDUCATIONAL 51,300 64,000 12,700 22% 45,000 RECREATION O Ski & Snowboard Club Vail (Oct 28-31. 2010) 4 davs of ice 5285 4 da s of ice 5285 2 da s evlsit if an left over 2b50 P VVMCS ri~c Fash~ion5how& Wncheon Mar24.2010 3001av-0av erkinq a 7.500 3001-da arkin 7.500 3001-0a parkinc a e5 7.500 Q Vail Jun~ior Hocke Association - Nov 2010 Toumament 9 ds of ice + Donovan 1 da 15.391 9 davs of ice + Donovan 1 da + arkin 24.016 5 da ys ice+Donovan/noarkinq a 10.125 R Skatine Glub of Vail (Jul 1418'10 & late Dec.'10 9 da s of ice 11.891 9 da s of ice 11.891 5 da s ice;revlslt if an left over 6.625 5 5 ecial OI m cs (Sunda s Jan . Feb. Mar'10 6 arkln es for7 Sunda s 1.050 9 sunda s of arkin s 42 villa e 1.050 42 arking passes LH onl 1.050 7 Vail Valley Athlete Gommon (See item F) 6.000 10.000 4.000 6.000 U Foresicht5ki Guides 2-arkin in Vllla e 2200 2 blue asses/LH onl 2200 V Small Cham ~io s of Colorado 10000 10D00 ARRANGEMENTS and AGREEMENTS: W Vail Valley Comm. TV/Gh5 Franchise Fee 70,000 70.000 70.000 30% of collected Franchise Fees RealEstate TransferTax Fund: X Bett Ford AI ine Garden Foundation Operatlons 55.620 2 desi nated Ford Park spacesl 75.000 2 desi nated Ford Park s ac 19380 15 620 2 desi nated Ford Park s ac 5n 17 2010 Contribution Request Spreadsheet Last Year (incl. off-cycle) 2010 Requests Staff Recommendations Variance to S[aff 20101n- 2009 Cash 20091n-Kind Funded 20091n- 2010 Cash 20101n-Kind Re [ 20701n- 2009 1 a9e Staff Recom'd In-Kind Kind TOWN OF VAIL FUNDING REQUEST Funded Kind Value Request ques Kind Value Var Recom'd GENERAL FUND Con[ribu[ions: Funding Cash Value Y Eagle Rrver Watershed Sediment Pollution Efforts 90.000 99.793 9.793 90D00 Z EacleValle Alllance for5ustainability 20.000 20D00 Information Booth Contract 209.990 209.990 209.990 GrandTotal 1,646,145 2,002,693 99,742 0 0% 1,602,695 72,950 7 - 1 - 26\n is 2010 Contributions Please see the attached spreadsheet to coincide with the following background and recommendations. ECONOMIC A. Bravo! Colorado BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $157,500 to help fund the 2010 Philadelphia Orchestra and the New York Philharmonic - Vail Residency programs. Bravo! is requesting $75,000 for each program, and $7,500 for the Music Matters Education and Outreach Program. STAFF RECOMMENDATION: Staff recommends funding at $157,500 (flat with 2009). Historically, the Town of Vail has contributed funding to the New York Philharmonic and the Philadelphia Orchestra Tier 1 programs as well as another $25,000 towards Bravo! operating expenses. This year Bravo! is not requesting funds for operations. The cultural benefit to the Town of Vail and the tourist attraction of this event are major factors in staff's recommendation for funding. B. Bravo! Family Concert (National Repertory Orchestra) BACKGROUND INFORMATION: The Orchestra is requesting $1,000 to offset travel expenses associated with their annual concert in Vail. Each season, they perform a free family concert at the Ford Amphitheatre in conjunction with Bravo!. STAFF RECOMMENDATION: Staff recommends funding at $1,000 based on the cultural benefit to the town and the potential increase in drive traffic from the Summit area. C. Vail Farmer's Market BACKGROUND INFORMATION: Vail Farmer's Market is requesting $4,500 of in-kind value to cover the cost of services provided by the Town of Vail during the events, and $6,500 cash to cover the cost of traffic control. The Commission on Special Events (CSE) funded $56,000 toward the Farmer's Market in 2009. STAFF RECOMMENDATION: Staff recommends funding the in-kind request of $4,500 which will be included in the town's 2010 operating budget. Staff recommends consolidating the cash request with the funding provided by the CSE. D. Vail Jazz Foundation BACKGROUND INFORMATION: The Vail Jazz Foundation is requesting $45,000 to help fund the free Jazz at Vail Square concert series in August/September, the Vail Jazz Party during Labor Day weekend, summer concerts at the Vail Farmers' Market and ICEF Jazz & Marching Band performances at the Vail America Days celebration. STAFF RECOMMENDATION: Staff recommends funding a total of $30,600 (flat with 2009). 19 7 - 1 - 27\n E. Colorado Ski Museum BACKGROUND INFORMATION: The museum is requesting total funding of $95,850. The funding will be used as follows: $25,000 to match a grant given by Martha Head and the Howard Head Foundation to design, fabricate and install two interactive video viewing stations and develop video content for those stations. $70,850 will be used for the final editing of 13 Vail Pioneers videos that have been filmed by Eef Productions over the last 6 years for use at the viewing stations. STAFF RECOMMENDATION: While the town agrees with the importance of the Vail Pioneer project (having invested $23,000 over the past several years), staff is concerned with the pricing of the final editing. Staff does not recommend funding at this time, but is committed to continue filming additional Vail pioneers through the public relations 2010 budget. Staff does not recommend funding the $25,000 matching grant. F. Vail Valley Foundation (VVF) BACKGROUND INFORMATION: The Foundation is requesting $128,750 of cash funding and $28,300 of in-kind for entertainment programs and winter events. (Street Beat; Vail International Dance Festival and Hot Summer Nights, Birds of Prey, and the American Ski Classic). The Vail Valley Foundation (VVF) presented a proposed cycling event for 2008 that ultimately was withdrawn because major sponsorship was not secured. Although the 2010 International Pro Cycling Classic is still tentative, the Foundation is requesting a cash contribution of $150,000 and in-kind of $15,000 contingent upon the event coming to fruition. STAFF RECOMMENDATION: Staff recommends funding the in-kind requests for the special events, although limits the Birds of Prey in-kind to $10,000, and those costs are built into the town's 2010 operating budget. Staff also recommends the following levels of cash funding: $25,650 toward Street Beat; $45,000 to the Vail International Dance Festival; and $24,525 toward Hot Summer Nights, and $5,000 for the American Ski Classic for a total of $100,175. The level of funding recommended is flat with the 2009 contribution awarded. While staff supports the International Pro Cycling Classic, the budget cannot support the increase in funding. Reserve funds are available pending Council's direction. G. Vail Chamber & Business Association (VCBA) BACKGROUND INFORMATION: The VCBA is requesting a total of $40,000 of funding for the following programs: $10,000 to expand the Vail Guide to include all business license holders and $30,000 to be used for both a winter and summer Premier Impressions Program. STAFF RECOMMENDATION: Due to current economic conditions, staff recommends suspending funding the Premier Impressions Program for one year. Staff does not recommend funding for the Vail Guide as advertisers normally cover the cost of publication. The town has budgeted for a half- page advertisement in the 2010 Vail Guide through the Economic Development department at an estimated cost of $2,495. 20 7 - 1 - 28\n H. Radio Free Minturn BACKGROUND INFORMATION: Radio Free Minturn is requesting $2,500 to continue the station's educational programs, such as out of pocket expenses for school programs and the station's tower and studio leases. STAFF RECOMMENDATION: Although the town awarded $2,000 in operations from the 2007 off- cycle contributions as a part of start-up funding, staff does not recommend funding operations in future years. 1. Commission on Special Events (CSE) BACKGROUND INFORMATION: The CSE is requesting funding for various events, totaling $836,810. This amount is flat with 2009, including funding allocated in 2009 for the World Cup Climbing event. STAFF RECOMMENDATION: Staff recommends funding at $791,810 (same as last year), with the additional $45,000 eligible for consideration for the Teva Mountain Games. An additional $61,556 of staffing & related expense is currently included in the town's 2010 operating budget. The entire CSE budget is part of the Economic Development Department of the town. EDUCATIONAL J. Eagle Valley Childcare (EVC) BACKGROUND INFORMATION: The EVC has requested $53,000 of funding for 2010. This includes $50,000 subsidy for childcare, and $3,000 for the purchase and installation of new administrative computers. STAFF RECOMMENDATION: Because the town is a founding partner, staff recommends funding the same amount as 2009 ($45,000) to be used for the Vail Childcare facility. This is the only childcare facility in Vail that provides infant care. In addition, staff recommends that the town donate our used computers and IT staff time for installation. K. Vail Valley Charitable Fund (WCF) BACKGROUND INFORMATION: VVCF is requesting $2,500 in cash toward the 2010 Big Beers, Belgians, and Barleywines Festival. This event raises money for individuals who work or live full time in Vail and who are facing a medical crisis. STAFF RECOMMENDATION: Although this request supports the production of an event in Vail, staff cannot recommend funding a charitable contribution from taxpayer dollars. L. Project Graduation - Battle Mountain High School BACKGROUND INFORMATION: Project Graduation is requesting $2,500 of funding to be used 21 7 - 1 - 29\n toward the annual event providing a safe and sober place to celebrate graduation. STAFF RECOMMENDATION: Although this event is important and has a positive impact to the town, staff does not view this as appropriate for town funding. The town does make other donations to Battle Mountain H.S. through free use of Donovan Pavilion for prom, banquets and other school events. M. CASA of the Continental Divide BACKGROUND INFORMATION: CASA is requesting $1,000 of funding to be used toward the recruiting, training and supervising of volunteers to serve as Court Appointed Special Advocates (CASA's) for children involved in juvenile dependency proceedings in the courts of the Fifth Judicial District of Colorado. STAFF RECOMMENDATION: Staff does not view this program as appropriate for town funding. N. First Descents BACKGROUND INFORMATION: First Descents is requesting $5,000 of funding to be used toward week-long outdoor adventure programs which aim to improve the quality of life for young adult cancer survivors. STAFF RECOMMENDATION: Staff does not view this program as appropriate for town funding. RECREATIONAL 0. Ski & Snowboard Club of Vail BACKGROUND INFORMATION: The Ski & Snowboard Club of Vail has requested in-kind funding of $5,285 for 4 days of ice for their annual Ski & Snowboard Swap event to be held Oct 28 - 31, 2010. STAFF RECOMMENDATION: Staff recommends funding this in-kind request for two days (out of four requested) with appropriate approval and coordination with the Vail Recreation District. The Ski & Snowboard Club will be responsible for hard costs for use of the Dobson Arena such as set- up, tear-down, cleaning, and utilities. Two days are recommended at this time because the town is currently recruiting participatory sporting events and may need to use some of our allocated free days to offset costs for those groups. However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. P. Vail Valley Medical Center Volunteer Corps (WMC) BACKGROUND INFORMATION: The VVMC is requesting in-kind funding for 300 parking vouchers for the Spring Fashion Show & Luncheon event held at the Vail Marriott on Wednesday, March 24, 2010. STAFF RECOMMENDATION: Staff recommends funding this in-kind request as in prior years. It is included in the town's 2010 operating budget. 22 7 - 1 - 30\n Q. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior HockeyAssn. is requesting a total of$15,391 in- kind funding including $11,891 for 9 days of ice (3 weekends during November, 2010) and $3,500 for use of the Donovan Pavilion in the spring of 2010 for an End of Hockey Season gathering for volunteers, sponsors, parents, and players. In addition, they are requesting free or reduced parking in the LionsHead Parking Structure for the 3rd weekend of the tournament (scheduled for November 19 - 21) at an estimated cost of $8,625. STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested), subject to approval and coordination with the Vail Recreation District for the ice time. Staff recommends waiving the fee for ponovan Pavilion, contingent upon approval and coordination with the Donovan Management Company regarding availability. However, the Hockey Assn. will be responsible for hard costs for use of the Dobson Arena and Donovan Pavilion such as set-up, tear- down, cleaning, and utilities. The reduced days relate to the town's need for ice time as mentioned in item "O". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. The parking request is estimated at a cost of $8,625. Staff does not recommend funding this request as the budget cannot support an increase from the prior year's contribution. R. Skating Club of Vail BACKGROUND INFORMATION: The Skating Club of Vail has requested in-kind funding of $11,891 for 9 days of ice for two separate competitions (29th Annual Vail Invitational Championships July 14-18, 2010 and the Holiday Ice Shows in late December, 2010). STAFF RECOMMENDATION: Staff recommends providing 5 days of ice time (out of 9 requested) subject to approval and coordination with the Vail Recreation District. The Skating Club will be responsible for hard costs for use of the Dobson Arena such as set-up, tear-down, cleaning, and utilities. The reduced days relate to the town's need for ice time as mentioned in item "O". However, if there are enough available days remaining prior to this event, staff recommends providing the full amount of days. S. Special Olympics BACKGROUND INFORMATION: The Special Olympics is requesting in-kind funding of $1,050 for 6 parking vouchers for five Sundays in January, 3 Sundays in February and 1 Sunday in March. STAFF RECOMMENDATION: Staff recommends funding this in-kind request, for the LionsHead parking structure only, with one-time entry/exit coupons (total of 42). T. Vail Valley Athlete Commission (see backup for item F) BACKGROUND INFORMATION: The Athlete Commission is requesting a$10,000 cash contribution to support local athletes. The athletes are also funded by the Vail Valley Foundation, Vail Resorts and the Beaver Creek Resort Company. 23 7-1-31\n STAFF RECOMMENDATION: Staff recommends funding this request at $6,000 (flat with 2009) in support of our athletes and for the international exposure for the Town of Vail. U. Foresight Ski Guides BACKGROUND INFORMATION: Foresight Ski Guides is requesting two parking passes for the Vail Village parking structure for January - April 2010 and November/December 2010. Foresight provides parking to volunteer guides, half of which drive from Denver. Local guides usually take public transportation and/or carpool. Foresight provides challenge recreation opportunities to visually impaired participants and guides, including the Colorado School for the Blind and soldiers blinded in Iraq and Afghanistan. STAFF RECOMMENDATION: Staff recommends providing two blue passes, restricted to the LionsHead parking structure. V. Small Champions of Colorado BACKGROUND INFORMATION: Small Champions of Colorado is requesting $10,000 of funding to help support children's programming. The programs provide children with special disabilities one-on-one coaching in sports such as swimming, golf, rock climbing, skiing/snowboarding, etc. STAFF RECOMMENDATION: Staff does not recommend funding as this is more appropriate for funding from the county health and human services department. ARRANGEMENTS & AGREEMENTS W. Vail Valley Community TV / Channel 5 BACKGROUND INFORMATION: Channel 5 is requesting a portion of the franchise fee the Town of Vail receives annually from Comcast. In 2009 this amount was budgeted at $70,000. STAFF RECOMMENDATION: Staff recommends funding the franchise fee at 30%, approximately $70,000 based on 2010 budgeted franchise fee revenue. The percentage has been reduced from 40% based on increased franchise revenue collected by the town. Staff recommends retaining the funding at the $70,000 level (same amount normally appropriated annually by Council). REAL ESTATE TRANSFER TAX FUND X. Betty Ford Alpine Gardens BACKGROUND INFORMATION: The Alpine Garden Foundation is requesting funding of $75,000 for operating expenses. The Garden hosts thousands of visitors per year and has achieved World- premier status as a high altitude garden. 24 7 - 1 - 32\n STAFF RECOMMENDATION: Staff recommends funding operating expenses at $55,620, flat with 2009 funding. 2009 had been reduced by 10% from 2008. Y. Eagle River Watershed BACKGROUND INFORMATION: The Eagle River Watershed is requesting $99,793 of funding. Of this request, $67,793 relates to the maintenance and monitoring of the Black Gore Creek, $20,000 for general operating support, $5,000 of public outreach/information and $6,000 for collaborative action monitoring with other local municipalities. STAFF RECOMMENDATION: Staff recommends funding of $90,000 based on prior year's contribution, pending a review of 2009 results. Staff also recommends that not more than 20% go toward general operations, with the remainder for specific projects as they are completed. Z. Eagle Valley Alliance for Sustainability BACKGROUND INFORMATION: The Alliance is requesting $20,000 of funding to partnerwith the Town on environmental programs to provide a neutral forum for stakeholder participation and create education and outreach programs. STAFF RECOMMENDATION: Staff does not recommend funding out of Council contributions. However, if the environmental sustainability staff would like to contract for services, Eagle Valley Alliance would be considered as a potential bidder for those services. 25 7 - 1 - 33\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES. AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 Forecast 2010 2017 2012 2013 2014 Commen[s Revenue Total Sales Tax Revenue: $ 16.600A00 $ 16.600.000 $ 17.430.000 $ 17.780D00 $ 18.135.000 $ 18.500.000 2012-2014 increase assumes a recovery to 20071evels by 2014 Sales Tar Split b/t Gen'I Fund & Capital Fund 59141 61139 61139 61139 61139 61139 Sales Tax - Capltal Projects Fund $ 6.840.000 $ 6.474.000 $ 6.800.000 $ 6.934.000 $ 7.072.000 $ 7.215.000 Use Tax 500.000 500 000 500.000 500.000 500.000 500.000 2009: 50% reduction'. Flat [hrough 2014 Federal Grant Revenue 120.834 2508.015 1 A28D00 - _ _ $2.5M In'10 fortransltcenter: $28.SK in'10 for Pollce Live Scan Interface software:2011'. $828K for bndge reconstruction. $600K buses Eaqle Counry Grant Revenue - Have requested $SOOK funding from Eaqle Counry for Wes[ Vail Fire Station Lease Revenue 188.550 184.500 184.500 184.500 184.500 189.135 Per Vail Gommons commercial and residential leases Employee Housing Fee-In-Lieu 72.000 Project Relmbursement 210.000 - - - Reimbursement from Vail Resorts forGDOT's study of the Frontage Rd relocation (EveNail)'. Resale of Arosa duplex / GGOL Loan repayment - 775000 5.000 5.000 5.000 _ Children's Garden of Leaning loan balance at 12/3112008 is $25K with $SK peryeardue'. $770K resale of Arosa duplex Eamings on Investments and Other 18.750 18D00 2009. Based on eamings at .5%'. 2010 1%'. 2011 - 2014 at 2% Total Revenue 7,950,134 10,459,515 8,977,500 7,623,500 7,761,500 7.904135 Expendi[ures Capi[al Maintenance Expendi[ures Bus Shelters 27.000 27.000 27.900 30.000 30.000 30.000 Parking StrucNres 540.000 486D00 819.000 1.055.000 860.000 920.000 2009: $120K Elevator replaceinent. 2010 -2014 various repairs Including deck topping replacement. expansion joint repairs and other structu ral repairs 2009 repair PW shop roof and various repairs to municipal facilities. 2010 and 2011 various Facilities 679.500 473.000 450.000 1.290.000 705.000 1,005.000 repairs'. 2012 $425K for replacement of in Floor heat and wash equipmentfor Bus Bam. $165K repairs to PW Admin and $100K repairs to Munlcipal bullding'. 2014 $400K Iibrary roof replacement Building Remodels 49.500 54.900 67.000 On-going minorremodels of vanous Town fecilities Creekside Housing Improvements 54.000 54.000 54.000 Need to gut plumbing. electrical wiring'. roofing. etc. Donovan Park Pavlfion - - - 450.000 220.000 _ 2012'. $SOK fumiture replacement.$400K to change ventilation & improve nolse'. 2013 replacement of heating/ai r co nd itioni ng system Street Light Improvements 67.500 67,500 67,500 50.000 50.000 50.000 New street lights and refurbish residential Ilghting On-going maintenance to roads and bndges Including asphalt overlays. patching end repairs: Gapital Street Maintenance 1.337.087 730D00 1.153.500 1.OOOD00 1.170.000 915.000 2012- 2014 based on readjusted bid prices (savings of $925K). Assumes that we do not see dramatic Increase from current prices and that reconstruction of Neighborhood Roads is ompleted. thus reducing malntenance in East Vail and Vall Valley Drive Flammable storage / Mag Chlonde containment 16.560 - _ Secondary containment around Maq tank / remove glycol tenk to meet containment requlrements: Thls is a compllance issue. Fire Truck Rebuild / Refurbish - 570D00 590A00 - 620.900 2011 new fire truck for W Vai1:2012 replace pumper truck from 19942014 replace pumper truck from 1999 Fire infrastructure improvemts (Main Vail station) 975D00 Remodel of Main Vail station after W Vail built: previously budgeted in 201( Audio Visual (Council video.5ecurity. PD carvideo) 61.150 8.000 - 437.500 437.500 09 Council chamber sheaming video:'10 pollce car cameras.'13.'14 Town-wide video secunt Document Imaging 106.699 110.000 110.000 30.000 30.000 30.000 Annual maintenance. Iicensing and contract posih'on thru 2011 Software Licensing 68.200 37000 15.000 15.000 65000 75.000 Upgrade Microsoft products on all equipment. replacement PC's. serverupgrades. A5400. These upgrades occur everv 3-5 years on a rotation schedule Hardware Purchases 84.380 45000 65.000 48.000 48.000 50.000 Scheduled rotation of PCs. printers and servers Data Center (Gomputer Rooms) 47,500 15.000 17.000 19.000 21 000 - Flre suppression in computer rooms'. malntenance. securily and power systems for 3 rooms Website and e-coinmerce 28.500 12.000 27.000 29.000 31 000 12.000 Intemet security & application Interfaces. website redevelopment2008/09 Comm Dev ArcG15 System 52.000 10.000 Web access to town GIS informatlon (similar to County's website GIS product) Fiber Optics in Buildings 15.000 21.000 17.000 23.000 18.000 Cabling / Network Infrastructure'. to repair. maintain & upgrade Networkupgrades 18300 30.000 21,000 35.000 60.000 40.000 Gomputernetworksystems-replacementcycleevery3-Syears Computer Alded Dlspatch (CAD) / RMS Project 51.650 55.000 57.000 59000 61 000 50.000 Gounty-wide °Computer Alded Dispatch/Records Mgmt System" Comm Dev Interactive Pennit software 25.000 200.000 Replacement of Permit Plus soRware. allows forweb access by customers Live Scan Interface 28.500 Funded by grant above. Links our Live Scan software to other aqencies 7 - 1 zZ 34\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES. AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 Forecast 2010 2017 2012 2013 2014 Commen[s Vehicle Expansion 34.730 2009 continued set up of Pollce Volvos $16K: Forklift for PW $18K Main[enance Paid forby Capital Fund 3,364,256 2,409,000 3,525,800 5,698,000 3.873.500 4,235.400 Capi[al Replacemen[ Expendi[ures West Meadow Drive 600.683 Gompletion of projects undercontract'. $200Ksavings Village Streetscape 792.706 300.000 - _ _ Future work may include newspaperboxes. Checkpoint Gharlie. Covered Bridge. VVD walk. etc. Per Gounci1717/09, defer $300K to 2010 for covered bridge heat and VVD heated walk Neighborhood Roed Reconstruction 200.000 1.100D00 1.800.000 5.575.000 7.300.000 _ 0~erhaul resldentlal streets '09 design. Construction 2010 $1 .1 M for Mill Creek: 2011 $1.8M for Vail Velley Dnve reconshuction and 2012/2013 East Vail roads Neighborhood Bridge Reconshuction 150.000 - 1 050.000 1.650000 _ _ Matterhom Bridge reconstruction moved to 2011 due to GDOT fiscal year and requirements'. Partial funding from federal grant Fire Breathing Apparatus 180.000 - - - Replacement of all (30) cylinders/compressors'. Older model currently used not effective Parking Entry System / Equipment 145.000 Metered lols'. equipment obsolete and not servicable by vendor: Time sensitlve for Installation pnor to next perking season Radio Equlpment replacement (pub, works. pub. safet 48.000 Replacement of 1998 radlos for PW. Fire. PD. delayed Hybrid Bus Battery Replacement 40.000 294.000 Scheduled replacement Office Equlpment> $5.000 9,000 09 GIS Equlp Generator- Munlcipal Building / Dispatch 20.124 2009: work Flnished up In 2009/ belance due on a contract Replace Buses 173.400 2,199.600 1.203,400 2009 for spare parts on new hybrid buses - stocking parts reduces downtlme when buses nee cing'. 2010. 6 regularbuses: 2011 2 Hybrid buses Replacement Paid for by Capital Fund 2.270.913 3,599.600 4.053.400 7,313,000 7,300.000 294,000 Se Property Tax Increment - Reserved 441.000 Reserve for unidentified projects Other Improvemen[s Wesl Vail Fire Station - Planning / Design 300.000 2.800.000 2B00D00 Gonstruction of West Vail F-ire Station -see Debt Service below ArosaDrive - DuplexforEmployeeHousing 770.000 Developmentprojectfordeed-restrictedhousing Buy-down Program 500.000 500D00 500.000 500.000 500.000 500.000 Inereased to $SOOK peryear as of 2009 per Housing Sfrategic Plan Variable Messege Signs / Way-Finding Improvements 190.973 65.000 130.000 135.000 _ _ 09 Vail Vlllage wayfnding signs on order: $180K for Main Vail round-about & Four 5easons. 10 Solaris'.'11 LionsHead and'12 East Vail Construction of and East Vall berm would be phased: costs not known at this time. $751 K I-70 Noise 300.000 251.639 SOOA00 250.000 250D00 250.000 a mulated amount over the years'. split between 2010 and 2011: Annual $250K budget begins agaln in 2012 I-70 Fiber Optics 168 ,781 _ _ _ 2009'. project nearing completion'. Town wlll have fiber optic connection to I-70 corridor for improved pubhc safely communlcations Underground Utility improvements 156.000 Transfer of utility lines from above ground to underground'. ofiset by $156K revenue above from Holy Cross. work already completed and awaiting final billing. Manor Vall Street Plen 83.800 Expenditure related to impact fee paid by Manor Vail development: Keep funds In bugdet due to developer agreement Chamonix Area Planning 30.000 Continued work on Chamonix area planning Fire Impact Fee Nexus study 15.000 Nexus study to determine redevelopment impact on Fire Department; Potential revenue Traffic Impact Fee study 30.000 SNdy to determine redevelopment impact on traffc / potential revenue:ldentified as a next step In transportation plan Timber Ridge Legal2oning 100.000 Re-eppropnation of $19K. plus an additlonal $81 K to comlete the second phase of negotiating ontract and to recognize incremental cosls due to a higher numberof respondanls TimberRidgeDebtServiceGuarantee 925.000 Annueldebtserviceguarantee - reyu-irementofTRdebt This Is offset by contnbutions from Val Resorts and CDOT and covers completion of Ihe LionsHead Improvements 34.000 - - - - - transportation study (currently underway) and consultantS review of EverVail frontage road plan Frontage Road Relocation 20.000 ' - SNd of the Fronta e Rd relocation EverVail- see imbursement fmm Vail Resorts abovF 7- 127 35\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES. AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 2009 Forecast 2010 2017 2012 2013 2014 Commen[s Bio-Mass Study 50.000 - _ _ _ Forthe research of Bio-mass options'. Staff is applying for a grant in May to fund a feaslbility study and being able to show a budget may be critical for grant eligity. To[al O[her Improvements 3,673.554 3,616,639 3,930.000 885,000 790,000 750,000 Total Capi[al before Financing 9,749,723 9,625,239 11,509,200 13,896.000 11,963,500 5.279.400 Debt Service and Financing Debt Service on Outstanding Bonds 2.298.121 2.273.959 2.279.572 2.088.346 Pald off by Jan 1. 2013: annual payments updated for refunding of 1998 Bonds Debt Proceeds on Fire Certifcates of Participation (5.600.000) Debt Service on Fire Gertificates of Participation 121.081 482.163 484.163 485.488 481 .113 20-year COP's at 4.4 % Transfer to Vall ReinvestmentAuthoriry 120.834 2479.515 390,000 2009 & 2010. Transfer federal grant money to VRk VRA coverin(j all expenditures forthe transit center project 2011 transfer traffic impact fees to VRA Total Deb[ Service and Financing: 2.418.955 (725.445) 3.151.735 2,572,509 485,488 481113 To[al Expendi[ures 12,168,678 8,899,794 14.660,935 16,468,509 12.448,988 5.760.513 Revenue Over(Under) Expenditures (4,218,544) 7,559,721 (5,743,435) (8,845,009) (4,687,488) 2.143.622 Beginning Wnd Balance 8.981.869 4161325 6323D46 579.611 (8.265.398) (12.952.886) Ending Fund Balance 4.763.325 6323,046 579,671 (8,265,398) (72,952,886) (10.809.264) Unfunded Capi[al Projec[s Chamonix Site Development - Housing East Vall Fire Station Remodel 775A00 Toevn Shop Improveinents 9.225.000 Creekside Hous-ing Improvements 588.000 262.500 315,000 Munlcipal Bldg - HVAC Renovation 1400.000 Slmba Run Underpass 19.500.000 Frontege Rd - LionsHead 8.81 5.000 N. Frontaqe Rd -East Vall 2.100.000 Frontage Road - Ford Park 5.635.000 N. Frontage Rd - West Vail 7.513000 Main Vall Round-about Major Reconstruction 1600A00 West Vail Round-about Major Reconstruction 1.000.000 LH Auxilliary Bullding Renovation 1.015.000 LH Information Center Renovation 550.000 LionsHead Parking Structure Enhancements 5.000.000 Total Unfunded Projects 9.173,000 46,480.500 10.225.000 2.415,000 Ending Fund Balance Incl. Unfunded list 4.763.325 6323,046 (8.593.389) (63.918.898) (78,837,386) (79.102.764) 7- 1 z8 36\n TOW N OF VAIL 2010 BUDGET SUMMARY OF REVENUE. EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 Forecast 2010 2017 2012 2073 2014 Comments REVENUE Real Estate Transfer Tax $ 2.420.000 $ 4.283.000 $ 3.561.000 $ 3245,000 $ 2.630000 $ 2715.000 Ritz. Solans and Four Seasons. assume 25% sold 2010 at 80°/ list pnce'. Base transactions flat in 2010. up 5% 2011 - 2014'. Limited amount of sales from major redevelopment Federal Grents 145.458 Federal grant for the Tlmber Ridge/ Buffehr Greek path Golf Course Lease 120.000 122.000 124.440 126.929 129.467 132.057 Annual lease paymenl from Vail Recreation District 2% annual lncrease - deposited to "REA" VRD repayment for promissory note 341.098 343.424 337.568 331.712 325.856 Note based on $1 b M loan at 3.5 % over 5 years'. Adjusted 2009 forinterest timing Intergovenmental Revenue 20.000 20.000 20.000 20.000 20.000 20.000 Lottery proceeds Project Relmbursements 2500 1st Bank sponsorshlp of shopping bags Recreation Amenity Fees 47.000 10.000 10.000 10.000 10.000 10.000 Based on aclual collections in 2009 Eamings on Investments and Other 81.250 40A02 15.879 2009 & 2010: Based on .5 % reNm on pnor year's fund balance'. 2011 besed on 1%.2012-14 2% Total Revenue 3.181.306 4,818,826 4.068.887 3.733.641 3115323 2.877.057 Capi[al Maintenance Expenditures Annual Park and Landscape Maintenance 1290.882 1.323.478 1.363.182 1.431.341 1.474282 1,518,510 Ongoing path. park and open space maintenance. project mgmt: $75K reduction In expenses 2009- 11: $30K vings 2012-14 (watersavings & backFlow repair & mtce) Manaqement Fee to General Fund (5%) 121.000 214.150 178.050 162.250 131.500 135.750 5% of RETT Collections - fee remitted to the General Fund foradministration Rec. Path Capital Maint 193.540 150.000 104.745 117.583 107.048 110.000 Capltal mamtenance of the town's recreation path system'. $40K reduction in 2010 as of 9115/09 Tree Malntenance 109.954 65.000 65,000 65.000 65.000 65.000 Regular malntenance for tree health within the town (spraying. removing. newtrees)'.'09 to continue with scale spraying on town-owned property at approx. $120 per tree Forest Health Management 265.000 265.000 265,000 265.000 265.000 265.000 Pine beetle mltigation In conjunction wl forest servlce Street Fumiture Replacement 25.983 22,500 22500 25.000 25.000 25.000 Additions and replacement of street fumiture:'09 re-appropriation to expand bike rack installatlons (at approx. $1.000 perblke rack) Park / Playyround Capital Maintenance 110.000 115.000 90.000 80.000 82.400 84.872 Repair & ma'mtenance of playgrounds. restrooms. ete. Bald Mountaln Underpass Maintenance 200.000 Reconstruction of retaining wall that supports bike path through the underpess Alpine Garden Support 55.620 55.620 65.564 67.531 69.557 71.644 Annual supportat3% increase per year (2010 Flat with 2009) Black Gore Creek Sand M-itigation 180.569 90D00 100,000 100.000 100.000 100.000 Annual support of water protectlon programs:'09 to inove a waterline to make room for addltional sand retention To[al Capi[al Main[enance 2,352,548 2,500,748 2.254.041 2,313.705 2,319,787 2,375.776 Other Improvemen[s Meadow Drive Streetscape 411.788 09 for West Meadow Drive (Library to Vail Road). on9oing costs under contract Katsos Ranch Bike Path 7.000 09 for wetland re-vegetation - Ihe last task in resurfacing rec path fmm Sunburst to E. Vail Path (rom TimberRidge to Roost; of(set by Federal Grant of approx. $150K'. $46K addltional funds necessary to T-imber Rldge-BuffehrGreek Rd separation 700A00 - - - - - _mply with federal funding requirements and origlnal costestimates were from 2003. Gontract awarded at June 2nd meeting. Lionshead to Meadow Dr 202.500 Improvements to existing bike path along the stream Treilhead Development / Improvement 23.200 24.000 50.000 Improve trailheads'. Gontinued need through 2012 (one trail per year)'. Ellminated 2010 as of 9/15/09 ADA Compliance wl VRD 85.881 10.000 10.000 10.000 10.000 10.000 Shared costs with VRD - ADA access at recreetional facillties'.'09 re-appropriation to remodel restroom at golf urse hole #13. LH auxilliary bldg ADA improvements (lift) and a ramp/restroom upgrade at the Clubhouse. Recreation Master Planning 6.415 Concept and design of recreation asset improvements'. 2008/09 the Vail Golf Gourse Glubhouse Streamwalk ADA & Safely improvements 1.033 To covera remaining engineering bill Greenhouse 250.000 $100K originally budgeted forjustthe greenhouse structure. another $150K requested based on revised cost estimates to include concrete base and other constructions costs Constructwidened 6'shoulders along all frontage roads. first priority Is Blue GowGhute to East Vail'. path from Frontage Road Bike Lanes/Trails 150.000 - 2.275.000 1.150.000 - - Vail Mtn School to E. Vail exit 2009 for deslgn ($SOK) and survey work ($100K). construc[ion was budgeted In 2010'. now pushed to 2011 Vail Valley Dnve - Bike Path - - - - - - Widened shoulders (forbike path) dunng reconstruction of Vail Valley Drive'. Per Council. eliminate project for no~ Ford Park Master Plan 300.000 1.000A00 2.150.000 _ _ Re-appropriation from 2008 for master planning and parking survey work (Phase I); Interviewed 5 candidates on Apr. 27'. Reduced 2010 from $3.3M to $1.0 M Main Vail Roundabout pavement apron - - 130.000 $1 30K concrete apron to protect the grass from cars/trucks on the edge of the roundabout- delayed from 2010 to 2012 as of 9!1 5/09 Ford Park Improvements 200.000 - - - - - Ford Park pathwork. restrooms and other improvements Seibert Circle 212696 To complete project Raw Water / Irrigation Control 371,752 Watersupply infrastructure. Ong plan to include in water bills. but Interest rate now 5%. so paying up fmnt Instead of fina Kayak Take-out 10D00 Kayakrat take-outarea along stream (partof One Willow Bridge developmentagreementand must be accounted for sepaely) 7 - 129 37\n TOW N OF VAIL 2010 BUDGET SUMMARY OF REVENUE. EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 2009 Forecast 2010 2017 2012 2073 2014 Comments Stream Tract Encroachment Survey 64.881 - - - - - Survey along Gore Creek Reconstruction of playground persafery plan:20 years old. in-house design currently underway and staff working Red Sandstone Park- Per Safety plan 25.000 439.000 - - - - a plan to deal wlth parking and ADA requirements. $25K to finish design: $439K for construction deferred until 2010 Booth Greek Playground i 5D00 385.250 Design In 2011'. deferred construction untll 2012 Booth Creek Park redevelopment 50.000 1.340D00 Design in 2011 . deferred construction until 2012 White Water Park 5.000 - - - - - 3rd hole / bladder system at W hitewater Park - last part of pmject Is to program the waterfeaNre's system Ford Park Soccer Field Parking Lot - - Porous pavement for reconstruction of this lot: Delayed from 2010 to 2015 b/c was able to overlay in 2009 Art in Public Places - Programs / Art 215.156 80.000 80.000 80000 80.000 80.000 To purchase sculptures, artwork. art programs and events: remainder Is re-appropriated each year to accumulate ough funds Public Art - Morales relocation 125.000 Transferred from Seibert project to cover cost of relocating the Morales artwork Public Art- Meadow Drive Entry 85.000 Transferred In'08 from streetscape proiect to cover cost of new Meadow Drive entry feature Publlc Art - Operating 84.359 85.157 87,712 90.343 93053 95.845 AIPP salary and operating expenses related to RETT. 3i'o annual Increase Landscape Medlans 300000 - _ _ _ Fmnt~ee road medlans alongside redevelopment projects: working on lighting plan for In front of Solaris. Vail Plaza and Four Seasons Public Restrooms - - 670.000 _ _ _ 09 Tear down and rebuild (end enlarge) Ford Park restmom'. Restrooms at W. Meadow Drive & Vail Road: Pushed from'09 to'11 Environmental Sustainabillry 315.000 250D00 250.000 250.000 250.000 250.000 Envirommiietal projects such as energy efficiency studies of municipal buildings. recycling programs. ete. Capi[al Paid for by RETT Funds: 4,151.661 1,864,157 5,611.712 3.485.593 433.053 435,845 VRD-Managed Facility Projects Recreation Enhancement Account 120.000 122000 124.440 126.929 129.467 132057 Reserve accountforgolf course -improvements - funded by annual lease revenue Golf Course Irrigation - VRD's portion 1 807.522 Flnance VRD's portion of irrigation system replacement (5-year payback) Golf Gourse Irngation 1.350.000 Based on estimates from Bome Englneenng. spllt 50'/ with VRD (10% reduction) GolfCourseClubhouse.5tarterShack,etc. 232.500 33000 900,000 2912 18.390 79.936 Improvementstomaintenancebuildingandmainclubhouse Golf Course -Other Improvements 227.500 200.000 50.000 11.863 7.896 ADA access to clu6house. bridge and retaining wall repairs Dobson Ice Arena 740,000 100.000 15.000 58.796 2.784 11.580 09 Roof and cen[ral air repair: outer years lighting and locker rooms Ford Park l7ennls Center Improvements 5.000 175.000 200.000 309.382 2.214 9.816 2009: Defer continued refurbishing of Ford Park tennls courts to 2010 ($62K). 2010. walkweys & res[room roof pe lease aqreement delayed from 2008 due to park master planning AthleticFields 25.000 2.278 12483 09irrigationsystem.'12asphaltoverlayofparkinglot Youth Services 60D00 25.000 09 ADA access and fumaces Gymnastics Genter 25D00 1.582 09 retaining walls.'10 mechanical improvemenls NaNre Center 10.000 8.517 2012 wood open rail fencing Total VRD-Managed Facility Projec[s 4.367522 690,000 1.289,440 519.981 155.133 253,768 Total Expenditures 10.871,731 5,054,905 9155,193 6.319279 2,907,973 3.065,389 Revenue Over (Under) Expenditures (7,690.425) (236,079) (5,086,306) (2.585,639) 207.350 (188,332) Beginning Fund Balance 17,288.266 9.597.841 9.361.762 4.275.456 1.689.817 1.897.167 Ending Fund Balance $ 9.597.841 $ 9,361,762 $ 4,275,456 $ 1,689,817 $ 1.897.167 $ 1,708,835 7 - 13a 38\n TOWN OF VAIL 2010 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND 2009 2010 2008 Original Proposed Actual Budget Budget Revenue Business Licenses $ 312,839 $ 314,500 $ 312,000 Earnings on Investments 3,819 - - Total Revenue 316,658 314,500 312,000 Expenditures Commission on Special Events 280,000 280,000 280,000 Collection Fee - General Fund 15,642 15,725 15,600 Total Expenditures 295,642 295,725 295,600 Revenue Over (Under) Expenditures 21,016 18,775 16,400 Beginning Fund Balance 62,619 81,394 102,410 Ending Fund Balance $ 83,635 $ 100,169 $ 118,810 DEBT SERVICE FUND 2009 2009 2010 2008 Original Amended Proposed Actual Budget Budget Budget Revenue Transferfrom Capital Projects Fund $ 2,204,670 $ 2,266,775 $ 2,298,121 $ 2,395,040 Earnings on Investments and Other 50,830 - - Total Revenue 2,255,500 2,266,775 2,298,121 2,395,040 Expenditures Principal 1,890,000 2,000,000 1,980,000 2,035,000 Interest Expense 432,395 266,775 296,295 359,412 Fiscal Agent Fees 2,500 2,500 6,950 4,000 Refunding Bonds Issuance Costs - - Total Expenditures 2,324,895 2,269,275 2,283,245 2,398,412 Revenue Over (Under) Expenditures (69,395) (2,500) 14,876 (3,372) Other Financing Sources (Uses) Debt proceeds, net (96,461) Issuance costs premium 203,221 Issuance costs, net (115,741) - - Total Other Financing Sources (Uses) (8,981) - - - Beginning Fund Balance 252,710 249,639 174,334 189,210 Ending Fund Balance $ 174,334 $ 247,139 $ 189,210 $ 185,838 31 7 - 1 - 39\n TOWN OF VAIL 2010 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 2009 2009 2010 2008 Original Amended Proposed 2011 2012 2013 2014 Actual Budget Budget Budget Forecast Forecast Forecast Forecast Revenue Town of Vail Interagency Charge $ 3,067,497 $ 2,910,595 $ 2,703,886 $ 2,836,464 $ 3,243,653 $ 3,205,746 $ 3,385,420 $ 3,277,400 Insurance Reim burse ments & Other 111,337 38,800 38,800 - - - - - Earningsonlnvestments 41,169 37,000 8,000 10,298 1Q172 11,365 12,090 12,964 Equipment Sales and Trade-ins 77,964 79,880 79,880 123,240 233,580 131,485 144,210 109,580 Total Revenue 3,297,967 3,066,275 2,830,566 2,970,002 3,487,405 3,348,596 3,541,720 3,399,944 Expenditures Salaries & Benefits 899,228 1,010,532 942,623 965,912 986,368 1,016,976 1,039,772 1,064,819 Operating, Maintenance & Contracts 1,424,612 1,294,625 1,155,825 1,244,911 1,282,258 1,320,726 1,360,348 1,401,158 CapitalOutlay 640,907 74Q500 74Q500 784,500 98Q100 865,944 966,700 777,000 Total Expenditures 2,964,747 3,045,657 2,838,948 2,995,323 3,248,726 3,203,646 3,366,820 3,242,977 Revenue Over (Under) Expenditures 333,220 20,618 (8,382) (25,321) 238,678 144,950 174,900 156,967 Beginning Fund Balance 1,734,787 1,617,232 2,068,007 2,059,625 2,034,304 2,272,982 2,417,932 2,592,832 Ending Fund Balance $ 2,068,007 $ 1,637,850 $ 2,059,625 $ 2,034,304 $ 2,272,982 $ 2,417,932 $ 2,592,832 $ 2,749,799 32 7 - 1 - 40\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 2008 2009 2009 2010 2011 2012 2013 2014 Actual Budget Amended Proposed Forecast Forecast Forecast Forecast Revenue E911 Board Revenue $ 607,183 $ 657,015 $ 688,918 $ 754,108 775,506 797,500 82Q200 843,600 Interagency Charges 1,050,439 1,157,497 1,157,497 1,162,231 1,181,270 1,239,588 1,288,703 1,336,352 Town of Vail Interagency Charge 533,164 543,072 543,072 522,213 544,220 571,087 593,715 615,667 Earningsonlnvestments 18,763 12,142 5,000 5,000 10,000 1Q000 1Q000 1Q000 Other 7,500 - 69,750 - - - - - Total Revenue 2,217,049 2,369,726 2,464,237 2,443,552 2,510,996 2,618,175 2,712,618 2,805,619 Expenditures Salaries & Benefits 1,588,183 1,732,699 1,753,602 1,854,062 1,933,396 2,014,561 2,078,790 2,144,971 Operating, Maintenance & Contracts 459,767 499,535 499,535 511,633 527,600 543,428 559,731 576,523 CapitalOutlay 5Q121 135,000 124,750 5Q000 5Q000 50,000 5Q000 5Q000 Total Expenditures 2,098,071 2,367,234 2,377,887 2,415,695 2,510,996 2,607,989 2,688,521 2,771,494 Revenue Over (Under) Expenditures 118,978 2,492 86,350 27,857 0 10,186 24,097 34,125 Transfer to Capital Projects Fund (75,000) - - - - - - - Beginning Fund Balance 918,366 821,458 962,344 1,048,694 1,076,551 1,076,551 1,086,737 1,110,834 Ending Fund Balance $ 962,344 $ 823,950 $ 1,048,694 $ 1,076,551 $ 1,076,551 $ 1,086,737 $ 1,110,834 $ 1,144,959 33 7-1-41\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 2010 2008 2009 2009 Proposed Actual Budget Amended Budget Revenue Taxes Sales Tax - - - - Public Accomodations Tax - - - - Penalties and Interest on Delinquent Taxes Subtotal Taxes - - - - Other Earnings on Investments 218,193 235,000 46,000 46,500 Total Revenue 218,193 235,000 46,000 46,500 Expenditures - General Government Management Fee - - - - General Supplies and meetings - - - - CapitalOutlay - - - - Total Expenditures - - - - Revenue Over (Under) Expenditures 218,193 235,000 46,000 46,500 Beginning Fund Balance 9,046,283 9,271,283 9,264,476 9,310,476 Ending Fund Balance $ 9,264,476 $ 9,506,283 $ 9,310,476 $ 9,356,976 HEALTH INSURANCE FUND 2009 2010 2008 Original Proposed Actual Budget Budget Revenue Town of Vail Interagency Charge - Prem $ 2,394,290 $ 2,515,000 $ 2,510,000 Employee Contributions 286,058 288,000 305,000 Insurer Proceeds 111,957 20,000 100,000 Earnings on Investments 35,866 24,719 5,000 Total Revenue 2,828,171 2,847,719 2,920,000 Expenditures Health Inusrance Premiums 287,533 339,660 365,000 Claims Paid 2,163,853 2,448,059 2,650,000 Short-term Disability Pay 7,442 40,000 35,000 Professional Fees 20,000 20,000 20,000 Total Expenditures 2,478,828 2,847,719 3,070,000 Revenue Over (Under) Expenditures 349,343 - (150,000) Beginning Fund Balance 990,117 1,089,099 1,414,762 Ending Fund Balance $ 1,339,460 $ 1,089,099 $ 1,264,762 34 7 - 1 - 42\n ORDINANCE NO. 19 SERIES OF 2009 ANNUAL APPROPRIATION ORDINANCE: ADOPTING A BUDGET AND FINANCIAL PLAN AND MAKING APPROPRIATIONS TO PAY THE COSTS, EXPENSES, AND LIABILITIES OF THE TOWN OF VAIL, COLORADO, FOR ITS FISCAL YEAR JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 WHEREAS, in accordance with Article IX of the Charter of the Town of Vail, Colorado, the Town Manager prepared and submitted to the Town Council a proposed long-range capital program for the Town and a proposed budget and financial plan for all Town funds and activities for the fiscal year; and WHEREAS, it is necessary for the Town Council to adopt a budget and financial plan for the 2010 fiscal year, to make appropriations for the amounts specified in the budget; and NOW, THEREFORE, be it ordained by the Town Council of the Town of Vail, Colorado, that: 1. The procedures prescribed in Article IX of the Charter of the Town of Vail, Colorado, for the enactment hereof, have been fulfilled. 2. Pursuant to Article IX of the Charter, the Town Council hereby makes the following annual appropriations for the Town of Vail, Colorado, for its fiscal year beginning on the first day of January, 2010, and ending on the 315t day of December, 2010: FUND AMOUNT General Fund 29,095,088 Capital Projects Fund 14,499,794 Real Estate Transfer Tax Fund 5,054,905 Vail Marketing Fund 295,600 Debt Service Fund 2,398,412 Heavy Equipment Fund 2,995,323 Health Insurance Fund 3,070,000 Dispatch Services Fund 2,415,695 Total 59,824,817 Less Interfund Transfers (8,597,567) Net Expenditure Budget 51,227,250 Ordinance No. 19, Series of 2009 7 - 1 - 43\n 3. The Town Council hereby adopts the full and complete Budget and Financial Plan for the 2010 fiscal year for the Town of Vail, Colorado, which are incorporated by reference herein and made part hereof, and copies of said public records shall be made available to the public in the Municipal Building of the Town. This Ordinance shall take effect five (5) days after publication following the final passage hereof. 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. 5. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. 6. The repeal or the repeal and reenactment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. 7. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of September, 2009. A public hearing shall be held hereon on the 6th day of October, 2009, at 6:00 pm at the regular meeting of the Town Council of the Town of Vail, Colorado, in the Municipal Building of the Town. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2009 7 - 1 - 44\n READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 6th day of October 2009. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 19, Series of 2009 7 - 1 - 45\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Presentation and request to operate a pedicab business within the Town Vail. PRESENTER(S): Dave Wasserman ACTION REQUESTED OF COUNCIL: Authorize pedicabs to operate on the streets of Vail. BACKGROUND: The Town Code Title 7, Chapter 5, Section 7, "Pedicabs Allowed" requires that before any such pedicab may lawfully operate on the streets of the Town, the operator must obtain the appropriate license or authorization from the Town Council. On September 23, 2009, Dave Wasserman, Pedicab owner/operator, presented his business proposal to Town of Vail staff. The staff has reviewed the proposal and the approved route and do not find any issues with operating a pedicab business on the streets of Vail. STAFF RECOMMENDATION: N/A ATTACHMENTS: Pedicabl Proposal pedicab route Request for a license to operate one pedicab in Vail during the 2009-2010 ski season. Requested by: Dave Wasserman 847-274-8885 Reintroduce Pedicabs to Vail in a slow, controlled and safe manner. ~ ~ ~h~j !F'.: t ,a . , ` . . ! ;i' ._r~ •Improves Guest ~ . Experience • Helpful • Environmentally Friendly • Charming - ~■r"'~ • Practical Most European guests and those from New York City are accustomed to pedicabs. The . k {w r - OV will g, o " dg' d learn if p' d . bs are feasible on a wid" scale or at the propo ' d environmentally . b Town of Vail Ordinance 7-5-7: PEDICABS ALLOWED: A. PEDICABS DEFINED: NOTHING IN THIS CHAPTER SHALL BE DEEMED TO PROHIBIT LICENSED OR AUTHORIZED PEDICABS FROM OPERATING ON THE STREETS OF THE TOWN. FOR THE PURPOSE OF THIS CHAPTER, "PEDICABS" SHALL BE DEFINED AS A MULTI-WHEELED HOODED OR UNHOODED VEHICLE THAT IS PROPELLED BY HUMAN POWER AND IS USED IN THE TRANSPORT OF PASSENGERS AND IS AVAILABLE FOR HIRE ON THE STREETS OF THE TOWN WITH A PEDICAB DRIVER. B. LICENSE REQUIRED: BEFORE ANY SUCH PEDICAB MAY LAWFULLY OPERATE ON THE STREETS OF THE TOWN, THE OPERATOR MUST OBTAIN THE APPROPRIATE LICENSE OR AUTHORIZATION FROM THE TOWN COUNCIL. (ORD. 1(1984) ? 1) Safety First: The most important factor is the safety of our guests. Both passenger and pedestrian safety will be our highest priority. Page 1 8- 1- 1\n Owner/Operator Dave Wasserman. 1 100 Whitfield Rd. Northbrool<, IL. 60062. or, 2121 N Frontage Rd. Box 183, Vail, CO 81657. Seasonal Vail Valley resident and part-time SI<i Instructor at Vail Resorts the past 4 seasons. Potential need for secondary driver. Hours of Operation : Dayli_. hq t onlX. Initially I plan to offer only afternoon service from noon to 4pm. However, if requested, I might provide hotel picl<-urafer, service in the mornings. After daylight savings time, when sundown is the pedicab service might operate until 6pm. Storage/Transport: Pedicab fits easily into the bacl< of a picl<-up trucl<. When not in use, the pedicab can stand upright and has a foot-print similar to a trash can. . - - - , ~ ~ - - _ Y F ~ . . F Fits into the rear of a standard pick-up truck Ple. e • • e . - • • . willing • Stands upright . - . - . - - and has a ; , _ „ , _ , ll. _ , . _ , , , , _ , _ footprint similar i . , _ , _ which , to a trash can. include . . . events . . - • • - a Pedicab Route See the Town of Vail's map of approved route. Passengers will be picl<ed-up and dropped-off along the pedicab route. Page 2 8-1 -2\n Insurance: Underwritten by a national casualty insurance company Best's Rated A IX) for one-million-dollars-per incident, 2-million total liability ~or both assen ers and ro erty. Town of Vail will be added as additional insured on the igsurance polcy. Business Operation: One pedicab offering rides along the TOV's Pedicab Route area. There is no charge to the passengers except a gratuity if the passenger appreciates the service. Gratuities are normally S5-10 per ride. Vehicle: 2009 model "Broadwall<" pedicab, by Main Street Pedicab of Broomfield,CO. World Class machines, with rear hydraulic bral<es. the Broadwalk Pedicab by Main Street Pedicab in Broomfield, CO , ~ °~T.s.~ A4[ r . - - - ~ ;.o. a ,.j ~~C. • ~ - , ,l~'~°~t. ~``"e~'c~► ' , _ i , ~ - , I {t- . / ~ y . R r F o ~.c. _6 2~a'~r t 4. ❑ . O ~ a 6 . Advertising: In most cities, on-bil<e advertising helps operators „our offset insurance costs or allows the potential for name trade-outs for edicab storage. Vail'S Slgn here ordinance mi9~t limit this option? x X Page 3 8-1 -3\n Code of Ethics 1. Ensure the safety of my passengers, other road users and myself at all times and tal<e all measures to avoid accidents and incidents 2. Abide by the rules as set out in Vail, Colorado at all times 3. At no time be under the influence of alcohol or any drug including prescription drugs that may affect my judgement 4. Ensure that my passengers are seated and secure before all journeys 5. Ensure that all items belonging to passengers are stowed and that scarves, coats, or any other items are safely contained within the pedicab 6. Not aggressively tout business 7. Not overload my pedicab ie I will only tal<e passengers if they can be seated i n my ped ica b. 8. Be courteous and considerate to other road users, pedestrians, bus driver, the police and passengers at all times 9. Not cause an obstruction to other vehicles or pedestrians especially around fire exits from buildings or bus stops. 10. Carry out safety checl<s each time I tal<e out my pedicab 12. Not become involved in racing of any I<ind 13. Hand in any lost property to "Lost and Found." 14. Ensure that my passengers arrive at their destination safely and that I will tal<e particular care of the vulnerable 15. Not smol<e or use a mobile phone while riding 16. Not mal<e any action that might damage the reputation of the industry or the TOV. 17. Report and document any accident or incident immediately. Page 4 8-1 -4\n m ou ~ ~ mp ~ fl. CD Q 0 ~ \ cr ~ N ~a o o c CD v ~ ~ ~ , Q ~ _f ~ cn 3 m 3 0 S ° r fn A 7 ~ y m ~~,s<. tll o ~0o~ mCD5 m A-1 a o ~ o o `'i.. 0 oZ= zoo 9 ~1 A m 1~ r O y ~ ~ T o 'F CD i~ ' ~ SY g E e = ~ m Y ~m E m % n l 4 1 o ~lltln O ~O ~ ~ae C i rnm pj U IG aa~o: mc sr ' 9 \ ~ ~ m b ~ ~ p ~ V• ~ a 9 L ~ C T N Z (U ~ m ~ ,~g • O \ JI 0) n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Holy Cross Energy Electric Line Easement at Public Works Shop. PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Aprrov/ modify/Deny the easement Agreement BACKGROUND: CDOT requires an upgrade to their electrical service for the I-70 Variable Message Signs. Their service connection is at the Public Works Shop Entry. Holy Cross Energy lines are north of the Towns Property. In order to place a line from the Holy Cross lines to the CDOT service, Holy Cross will need to cross Town of Vail land which is the Public Works Shop. See attached easement and exhibit for location. Public Works has meet with CDOT and Holy Corss and determined the routing. STAFF RECOMMENDATION: Approve the easement ATTACHMENTS: Holy Cross i a m~ a w ro a a ~ a c c v _ ~ ~ v ~ ' o ..`oA? 9 .°1c 'v ca `o c'm o v °ro~m -°c ~ c o. 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SllMiIOtISNtl1IS`J.L13 6 B S ~.-~Yrezv~ Y S - aoo ~ 3 M E4 N n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: First Reading of Ordinance No. 18, Series of 2009, an ordinance repealing and re-enacting Chapter 10, Building Codes, Vail Town Code; adopting by reference the 2009 editions of the International Building Code, International Residential Code, International Fire Code, International Mechanical Code, International Plumbing Code, International Fuel Gas Code, International Energy Conservation Code, International Performance Code; 2008 edition of the National Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and with regard to the above described codes, adopting certain appendices, setting forth certain amendments thereto, and setting forth details in regard thereto. PRESENTER(S): Martin Haeberle / Mike McGee ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 18, Series of 2009. BACKGROUND: The Building and Fire Appeals Board has, through a process of community consensus, reviewed the 2009 International Building Codes and is recommending that the Vail Town Council adopts the 2009 International Building Codes with several amendments. The proposed amendments specifically address the uniqueness of the construction environment in Vail. STAFF RECOMMENDATION: Staff in conjunction with the Building & Fire Appeals board recommend that the Vail Town Council approves, Ordinance No. 18, Series of 2009, on first reading. ATTACHMENTS: Town Council Memo Ordinance No. 18, Series of 2009 - first reading Power Point Presentation Frequently Asked Questions Fire Code Cost Impact Analysis Sprinkler System Requirements MEMORANDUM TO: Vail Town Council FROM: Community Development Department Building and Fire Appeals Board DATE: October 6, 2009 SUBJECT: First reading of Ordinance No.18 Series of 2009, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code, and setting forth details in regard thereto. 1. DESCRIPTION OF THE REQUEST Staff is requesting a first reading of Ordinance No. 18, Series of 2009, an ordinance repealing and reenacting Chapter 10-1, Building Codes, Vail Town Code, and setting forth details in regard thereto. For your reference, Staff has attached Ordinance No. 18, Series of 2009, (Attachment A), a powerpoint presentation (Attachment B), a frequently asked questions memorandum (Attachment C), a cost analysis related to sprinkler systems as requested at the Town Council work session on September 1, 2009 (Attachment D), and criteria for installation of a fire sprinkler system ( Attachment E). The adoption of Ordinance No. 18, Series of 2009, will allow the Town of Vail to maintain compliance with state and federal regulations in regards to the state electrical code, state plumbing code, state elevator requirements, federal accessibility laws, and energy compliance regulations. Further, it will allow the Town of Vail to maintain the most current minimum standards for the protection of life, safety, health and welfare in the construction of buildings. The Town will also be able to insure that buildings constructed in the Town of Vail promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. II. BACKGROUND The Town of Vail Building and Fire Appeals Board has completed an extensive review of the adopted Building Codes in Title 10, Building Codes, Vail Town Code, and the 2009 International Code Council (ICC) Building Codes. Staff worked with the Building and Fire Appeals Board, and established seven technical advisory committees made up of engineers, architects, contractors, and code officials who actively work in the area. The Building and Fire Board of Appeals made a recommendation of approval to the Vail Town Council for the amendments proposed in Ordinance No. 18, Series of 2009. III. STAFFING REQUIREMENTS Adoption of Ordinance No. 18, Series of 2009, will replace existing requirements for building with updated versions from the ICC. The adoption of the latest edition of the building codes and proposed amendments will not increase review time or funding required to administer the codes. 1 10-1-1\n IV. ACTION REQUESTED Staff requests that the Vail Town Council approve, approve with modifications, or deny Ordinance No. 18, Series of 2009, upon first reading. V. STAFF RECOMMENDATION Staff recommends that the Vail Town Council approves Ordinance No. 18, Series of 2009, upon first reading. VI. ATTACHMENTS A. Ordinance No. 18, Series of 2009 B. Powerpoint presentation dated October 6, 2009 C. Frequently asked questions memorandum D. Fire Code cost impact analysis E. Criteria for requirements to install Fire Sprinkler Systems 2 10-1-2\n ORDINANCE NO. 18 SERIES OF 2009 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10, BUILDING CODES, VAIL TOWN CODE; ADOPTING BY REFERENCE THE 2009 EDITIONS OF THE INTERNATIONAL BUILDING CODE, INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL FIRE CODE, INTERNATIONAL MECHANICAL CODE, INTERNATIONAL PLUMBING CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL PERFORMANCE CODE ;2008 EDITION OF THE NATIONAL ELECTRICAL CODE; 1997 EDITION OF THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS AND WITH REGARD TO THE ABOVE-DESCRIBED CODES, ADOPTING CERTAIN APPENDICES, SETTING FORTH CERTAIN AMENDMENTS THERETO, AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, publication of the 2003 International Building Code, as currently adopted by the Town of Vail, has been threw two code changes requiring new buildings to meet out of date standards that limit their compatibility to technological advancements; and WHEREAS, the 2009 Editions of the International Building Code, the International Residential Code, the International Fire Code; the International Mechanical Code; the International Plumbing Code; the International Fuel Gas Code; the International Energy Conservation Code, the International Performance Code, the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings, and the 2008 Edition of the National Electric Code have been published; and WHEREAS, the Building and Fire Code Appeals Board of the Town of Vail has recommended adoption of the Building Codes, as set forth in this ordinance, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the proposed amendments further the development objectives of the Town of Vail; and WHEREAS, the International Plumbing Code and National Electrical Code are required by the State of Colorado; and WHEREAS, the International Energy Conservation Code has been recommended as a minimum standard for the energy conservation of buildings by the State of Colorado and the United States of America; and WHEREAS, by adopting the 2009 Editions of the International Building Codes the Town of Vail will establish the most current standards for the removal of barriers for person with disabilities; and WHEREAS, the Vail Town Council finds that the amendments promote the health, safety, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. 1 10-2-1\n NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 10-1, Building Codes, Vail Town Code, is hereby repealed and reenacted to read as follows: CHAPTER1 BUILDING CODES SECTION: 10-1-1: Preamble 10-1-2: Codes Adopted By Reference 10-1-3: Amendments to International Building Code 10-1-4: Amendments to International Residential Code 10-1-5: Amendments to International Fire Code 10-1-6: Amendments to International Mechanical Code 10-1-7: Amendments to International Plumbing Code 10-1-8: Amendments to International Fuel Gas Code 10-1-9: Amendments to National Electrical Code 10-1-10 Amendments to the International Energy Conservation Code 10-1-11 Amendments to the Uniform Code for the Abatement of Dangerous Buildings 10-1-12: Copies of Codes Available 10-1-13: Penalties 10-1-1: PREAMBLE: The Charter of the Town of Vail and the statutes of the State of Colorado provide that standard codes may be adopted by reference with amendments; and the Town of Vail wishes to adopt the 2009 editions of the International Building Code, the International Residential Code, the International Fire Code, the International Mechanical Code, the International Plumbing Code, the International Fuel Gas Code, the International Energy Conservation Code, the International Performance Code, 1997 edition of the Uniform Code for the Abatement of Dangerous Buildings and the 2008 edition of the National Electric Code. 10-1-2: CODES ADOPTED BY REFERENCE: A. Building Code: The International Building Code, 2009 edition, including Appendix Chapters B, C, E, G, J, K and the International Residential Code, 2009 edition, including Appendix Chapters F and G, is hereby adopted by reference. The International Building Code, 2009 edition and the International Residential Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795 2 10-2-2\n B. Fire Code: The International Fire Code, 2009 edition, including Appendix Chapters B, C, D, E, G, H, and J as amended, is hereby adopted by reference. The International Fire Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. C. Mechanical Code: The International Mechanical Code, 2009 edition, including Appendix A, is hereby adopted by reference. The International Mechanical Code, 2009 edition, is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. D. Plumbing Code: The International Plumbing Code, 2009 edition, is hereby adopted by reference. The International Plumbing Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. E. International Fuel Gas Code: The International Fuel Gas Code, 2009 edition, is hereby adopted by reference. The International Fuel Gas Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5795. F. Energy Code. The International Energy Conservation Code, 2009 edition, is hereby adopted by reference. The International Energy Conservation Code, 2009 edition, is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, II 60478-5705. G. Electrical Code: The National Electrical Code, 2008 edition, is hereby adopted by reference. The National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, Ma 02269. H. Performance Code: The International Performance Code, 2009 edition, is hereby adopted by reference. The International Performance Code, 2009 edition, is published by International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. 1. Abatement Code: The Uniform Code for the Abatement of Dangerous Buildings, 1997 edition, is hereby adopted by reference. The Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, II 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the International Building Code, 2009 edition: SECTION 101.1 - TITLE: Title is amended as follows: These regulations shall be known as the Building Code of (The Town of Vail), hereinafter referred to as "this code" SECTION 101.4 - REFERENCED CODES: Section 101.4, Referenced Codes, is hereby amended as follows: The other codes listed in 101.4.1 through 101.4.7 and referenced elsewhere in this code shall not be considered part of this code, unless specifically adopted. SECTION 105.1.1 - ANNUAL PERMIT: Delete section in its entirety. 3 10-2-3\n SECTION 105.2 - WORK EXEMPT FROM PERMIT: Section 105.2, Work exempt from permit, is hereby amended as follows: Item 2: Fences not over 6 feet. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1203.2.1- UNVENTED ATTIC ASSEMBLIES: With the addition of this new section to read as follows: Unvented attic assemblies, (spaces between the ceiling joist of the top story and the rafters), shall be permitted if ALL of the following conditions are met. 1. The unvented attic spaces is completely contained within the building thermal envelope 2. No interior vapor retarders are installed on the ceiling side (attic floor) of the unvented attic assembly. 3. Any air-impermeable insulation shall be a vapor retarder, or shall have a vapor retarder coating or covering in direct contact with the underside of the insulation. 4. Either of items 4.1, 4.2, or 4.3 shall be met, depending on the air permeability of the insulation directly under the structural sheathing: Air- impermeable insulation only. Insulation shall be applied in direct contact with the underside of the structural roof sheathing. Air-permeable insulation only. In addition to the air-permeable installed directly below the structural sheathing, rigid board or sheet insulation shall be installed directly above the structural roof sheathing as specified in the International Residential Code Table R806.4 for condensation control. Air impermeable and air-permeable insulation. The air impermeable insulation shall be applied in direct contact with the underside of the structural roof sheathing as specified International Residential Code Table 8006.4 for condensation control. The air-permeable insulation shall be installed directly under the air-impermeable insulation. SECTION 1503.7- SNOWGUARDS/ RETENTION: With the addition of this new section to read as follows: The design of snow retention devices/snow guards shall be designed by a licensed structural engineer or as determined by the Building Official. SECTION 1505.6 - FIRE RETARDANT TREATED WOOD SHINGLES AND SHAKES: This section is deleted in its entirety and shall be replaced with the following text: All roof coverings and roof assemblies shall comply with ordinance No. 3, series 2007, which requires Class A roof coverings or Class A roof assemblies for all structures within the Town of Vail. Wood shingles and shake coverings or assemblies are prohibited SECTION 1507.8 - WOOD SHINGLES: Delete section in its entirety SECTION 1507.9 - WOOD SHAKES: Delete section in its entirety SECTION 1510.4 - ROOF COVERING: This section is amended as follows: Existing wood shingles or wood shakes shall be removed prior to installation of a new roof covering. SECTION 1510.7- SNOW RETENTION. With the addition of this new section to read as follows: Roofs shall be designed to prevent accumulations of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, 4 10-2-4\n alleys, areas directly above or in front of gas and electrical utility meters, or adjacent properties. The design of snow retention devices shall be provided by a licensed structural engineer or as determined by the Building Official. Exception: Roof areas with a horizontal dimension of no more than 48 inches that will not receive snow shedding from a higher roof. The horizontal projection shall be measured perpendicular to the exterior wall line from the edge of the roof or eave to any intersecting vertical surface. SECTION 1603.2-BOULDER WALLS: With the addition of this new section to read as follows; Four feet and taller boulder walls (rock walls) shall be designed by an engineer licensed to practice in the State of Colorado. SECTION 1604.1.1- HAZARD AREA REQUIREMENTS: With this new section to read as follows: All new and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed as required by the" Town of Vail Code" sections 12-21-13 and 14-7-1 SECTION 1607.7.1- HANDRAILS AND GUARDS: Amend this section to include the following text: Maximum guardrail deflection shall be U180 between supports. SECTION 1608.2- GROUND SNOW LOADS: This section is to be deleted in its entirety and shall be replaced with the following text; Designs for roof snow loads shall be as follows: Roof pitches of less than 4:12, shall be designed to carry a 100 pound per square foot snow load and roof pitches of 4:12 and greater shall be designed to carry an 80 snow load. There is no allowance for pitch reduction nor is there a requirement to increase loading due to wind, valleys, snow drifting or type of roof covering. Any modification for snow load design shall be accomplished using section 1604.1 SECTION 1608.2.1- ALTERNATIVE ROOFS: With the addition of this new section to read as follows; Alternative roofs shall be designed to carry a roof snow load resulting from a ground snow load of 143 psf. All provisions of section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. Engineer of record is responsible for determining increased localized snow loading due to architectural building features SECTION 1803.2.1- SOILS REPORT: With the addition of this new section to read as follows; Site specific soils and foundation investigation reports shall be prepared by a Registered Soils Engineer for the completion of construction documents. Assumption and "open hole" investigations are allowed for additions to an existing building of less than 2000 square feet of floor area. SECTION 2301.2- GENERAL DESIGN REQUIREMENTS: Amend this section to include the following text; Item # 5. Stress increases SHALL not be permitted for snow load duration. TABLE 2902.1- MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is amended as follows: 1. Footnote f is amended as follows: Drinking fountains are not required for an occupant load of 100 or less, or in A-2, B, M occupancies, regardless of occupant load 5 10-2-5\n 2. Footnote g is hereby added to read; Service Sinks are recommended, but not required in B or M occupancies with an occupant load of 50 or less if a lavatory is provided. SECTION 2902.2- SEPARATE FACILITIES: Exception 2 and 3 of this section is amended as fol lows: Exception 2; Separate facilities shall not be required in structures or tenant spaces with a total occupant load, including both employees and customers of 30 or less. Exception 3; Separate facilities shall not be required in mercantile occupancies in which the maximum occupant load is 100 or less 10-1-4: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments are hereby made to the International Residential Code, 2009 edition: SECTION R102 - APPLICABILITY: Section R102.4, Referenced codes and standards, is hereby amended by adding the following: Reference to other codes such as Plumbing, Mechanical and Electrical shall refer only to the currently adopted code of that type. SECTION R105.2- WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 10 to be deleted in its entirety and replaced with the following text: Decks, patios, sidewalks and driveways not more than 30 inches above grade and not over any basement or storage below and which are not part of an accessible route. SECTION R301.2.4- FLOODPLAIN CONSTRUCTION: This section is hereby amended as follows: Delete section in its entirety and replace with the following text: Buildings and structures constructed in flood hazard areas are subject to section 12-21-1 of the Vail Town Code. SECTION R303.8 - REQUIRED HEATING: This section is hereby amended by adding the following: Minimum winter design temperature is -20 degrees F. Heat loss calculations shall be required for all dwelling units. SECTION R313.2- ONE AND TWO FAMILY DWELLINGS AUTOMATIC FIRE SYSTEMS- This section is deleted in its entirety and replaced with the following text: An automatic residential fire sprinkler system shall be required as determined by the Vail Fire and Emergency Services" Criteria for Requirements to Install Fire Sprinkler Systems." SECTION R313.2.1- DESIGN AND INSTALLATION: This section is to be deleted in its entirety and replaced with the following text; Automatic residential fire sprinkler systems shall be designed and installed in accordance to the International Fire Code Section 903. SECTION R905.7 - WOOD SHINGLES: This section shall be deleted in its entirety. SECTION R905.8 - WOOD SHAKES: This section shall be deleted in its entirety. SECTION R907.3 - RECOVERING VERSUS REPLACEMENT: This section shall be amended 6 10-2-6\n as follows: Exception # 2 shall be deleted in its entirety. SECTION R907.4 - ROOF RECOVERING: This section shall be deleted in its entirety. SECTIONS R1004.3 and R1005.2- DECORATIVE SHROUDS: These sections are to be amended to add Exception: Decorative shrouds that are not listed and labeled for use with the specific factory built fireplace SHALL be permitted when the decorative shroud complies with the requirements of Section R1003.9.1 CHAPTER 4 thru CHAPTER 8: Delete in their entirety and amend to read; All structural elements and design shall conform to International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 42: Delete in their entirety and reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the International Fire Code, 2009 edition: SECTION 101.1 - TITLE: is hereby amended as follows: These regulations shall be known as the Fire Code of the Town of Vail, hereinafter referred to as "this code." SECTION 102.7- REFERENCED CODES AND STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text; The codes and standards referenced in this code shall be those listed in Chapter 45 with the addition of National Fire Protection Association Standards (NFPA) 90A-06, 90B - 06, 96-98, 326-05, and 551-07 and Vail Fire & Emergency Services Standards as approved by the Chief and as published on the Town of Vail web site at vailqov.com. Such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where codes and standards are adopted by other governmental jurisdictions, and where differences occur between provisions of this code and the adopted standards, the more stringent of the two shall apply. Fire sprinkler standards, fire alarm standards, Commissioning Standards, and related standards shall be published and available for review. SECTION 103.1.1- ASSIGNED DEPUTIES: is hereby amended as follows; Where this code makes reference to fire code official, such rights and powers and associated liability coverage, legal defense and protection from removal of office except for due cause, shall also be assigned to any such deputies performing within the scope of this position. SECTION 104.10.2- AUTHORITY AS PEACE OFFICER: Amend this new section to read as fol lows: The fire code official and appointed deputies, while performing under this code, shall have the authority of a peace officer as defined by the Colorado Revised Statutes. The powers of authority of such persons shall be subject to the joint approval of the fire chief and police chief respectively. 7 10-2-7\n SECTION 105.3.9- TRANSFER OF PERMIT: Amend to add this new section to read as follows; In the event of a change of contractor, engineer or registered design professional of record to another contractor, engineer or registered designed professional; plans and documents shall be resubmitted unless an appropriate letter of release is furnished accordingly. SECTION 105.3.10- PERMIT FEES / PLAN CHECK FEES: Amend to add this new section to read as follows; Plan check fees for permits required under this code are non-refundable. Minimum Plan Check fees shall be paid at the time of application. Plan check fees will be assessed according to the Fee Schedule as adopted by the Town of Vail. Additional plan check fees may be assessed if the plan review requires more than two hours for review. Additional plan check fees shall be assessed for review of re-submittals. Any additional plan check fees shall be paid prior to issuance of the permit. Permit fees shall be assessed according to the Fee Schedule as adopted by the Town of Vail. Permit fees are based on one rough-in inspection for each space in the building and one final inspection for each space in a building. Permit fees shall be paid prior to the issuance of the permit. Permit fees are non-refundable once the permit has been issued. Re-inspections shall be assessed additional inspection fees according to the Fee Schedule adopted by the Town of Vail. Re-inspection fees (if applicable) shall be paid prior to requesting a Final Inspection. SECTION 105.4.2- INFORMATION ON CONSTRUCTION DOCUMENTS: Amend this section to add the following language as follows; Information contained in such documents and plans shall be deemed intellectual property of the applicant. SECTION 202 -DEFINITIONS: Amend to add this new section to read as follows; Tampering: Any alteration, damage, misuse or deactivation and/or any similar actions that render inoperable any fire protection, fire detection or life safety system without express approval of the fire department. [See Section 901.8] SECTION 303.2- LOCATION: Amend to add this new section to read as follows; Asphalt tar kettles shall not be utilized inside or on the roof of a building or structure or on any balcony, overhang, or other location that is not accessible by fire department apparatus. SECTION 303.2.1- WATER-PROOFING: Amend to add this new section to read as follows; Application of water proofing materials that require open flame (torch down), possess highly toxic properties, or present a risk to life or property shall be subject to requirements of this section, including permits. SECTION 308.1.4 -OPEN-FLAME COOKING DEVICES: Amend this section to add the following language as follows; Exception 4. Listed or AIG certified Natural Gas appliances. SECTION 312.4- ELECTRIC METERS, GAS METERS AND PIPING: Amend to add this new section to read as follows; Above ground electric meters, gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways or parking areas, shall be protected from such damage in accordance with section 312.1 of this code. Location of electric meters and gas meters in new installations shall be approved by the local utility company prior to installation. 8 10-2-8\n SECTION 503.1-WHERE REQUIRED: Amend this section to add the following language as follows; Refer Town of Vail Municipal Code, Title 14 for additional requirements. SECTION 503.7- ELECTRICALLY POWERED GATES: Amend to add this new section to read as follows; Electrically powered gates shall be provided with an approved fire department emergency access key switch. Key access shall be assessable in a location acceptable to the fire department. Electrically powered gates opened using the fire department key switch shall remain open not less that one minute after opening. SECTION 503.8 -ELECTRICALLY POWERED GATES, FAIL SAFE HINGE: Amend to add this new section to read as follows; Electrically powered gates shall be equipped with a fail safe hinge pin that will disable the operating arm. The safety hinge pin shall be accessible without use of special key or tool. SECTION 507.5.7- MOUNTAIN HYDRANTS: Amend to add this new section to read as follows: New fire hydrants and hydrants replaced or relocated in locations other in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely, shall be "mountain hydrants". Mountain hydrants shall be placed such that the center point of the discharge outlet is not less than 36 inches above finish grade. SECTION 507.5.5 -OBSTRUCTION: This section is to be deleted in its entirety and shall be replaced with the following text; A clear and unobstructed space shall be maintained around a fire hydrant with the following minimum distances: front - 15 feet, rear - 4 feet, sides - 7 feet. Fire hydrants shall be installed and maintained to provide a minimum of 36 inches of clearance between the centers of the outlet caps and finish grade. Standards set forth by other agencies including the water district, may be referenced and enforced providing the most restrictive shall apply. SECTION 508.1.6 -USE: Amend to add this new section to read as follows; The Fire Command Center shall not be used for any purpose other than by the Vail Fire and Emergency Services unless specifically granted by the Fire Code Official. SECTION 510.1- EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: Amend this section to add the following language as follows; See Town of Vail Municipal Code Title 10, Chapter 3 for additional requirements. SECTION 603.4 PORTABLE NON-VENTED HEATERS: This section is to be deleted in its entirety and shall be replaced with the following text; Portable non-vented fuel-fired heating equipment shall be prohibited on the interior of any structure, tent or other space used for occupancy or storage. Exception: Portable non-vented heaters on construction job sites shall be regulated under Chapter 14 of this code. SECTION 603.4.2.1.1- PROHIBITED LOCATIONS: Amend this section to add the following language as follows; 1. Inside of any occupancy when connected to the fuel gas container as an integral 9 10-2-9\n component. For example, a"Torpedo" burner with an electric fan and diesel/kerosene tank, burners attached to 201b propane tanks, and similar appliances. 4. Portable heaters on construction job sites as regulated in Chapter 14 of this code. SECTION 603.7- DISCONTINUING OPERATION OF UNSAFE HEATING APPLIANCES: This section is to be deleted in its entirety and shall be replaced with the following text; The fire code official is authorized to order that measures be taken to prevent the operation of any existing stove, oven, furnace, incinerator, boiler, fireplace or any other heat-producing device or appliance or process found to be defective, hazardous to life or property, or that is being used in violation of this code. Notice shall be given to the owner, operator, firm, agent or other responsible person. Such notice may be given verbally and shall be binding until a written notice is issued. The fire code official is authorized to take measures to prevent the operation or use of any device, appliance, or equipment without prior notice if such use presents a clear and present danger to life or property. Defective devices, appliances or equipment shall remain withdrawn from service until all necessary repairs, alterations, permits or other remedy has been completed and approved by the fire code official. SECTION 603.8.2 -SPARK ARRESTORS: This section is to be deleted in its entirety and shall be replaced with the following text; "Incinerators, outdoor solid fuel burning fire pits and fireplaces shall be equipped with an effective means for arresting sparks. Spark arrestors shall not have openings larger than 1/4 inch." SECTION 607.5 - OVERVIEW: Amend to add this new section to read as follows: New and existing elevators shall comply with regulations as adopted by the State of Colorado.. SECTION 609 SECTION 609.1-GENERAL: Amend this section to add the following language as follows; Compliance with National Fire Protection Association (NFPA) Standard 96 is required. SECTION 610-SKI SHOP REQUIREMENTS: Amend to add this new section to read as follows: SECTION 610.1- GENERAL: This section shall apply to all commercial operations involving the processing, manufacturing, repair, waxing, preparation and associated functions with respect to snow skis, snow boards, snow boots, water skis, skate boards and other equipment with similar features. SECTION 610.2- EQUIPMENT: All equipment used in the above operations shall be listed by an approved agency when the equipment uses heat, flame or power operations. Said equipment shall be maintained in good condition and used according to the manufacturer's recommendations. SECTION 610.3- USAGE: Heat and flame producing devices shall be used only by qualified personnel and shall be equipped with a suitable base or holder. Said equipment shall not be used on work tables with combustible surfaces. 10 10-2-10\n SECTION 610.4- ELECTRICAL: All electrical appliances, fixtures and equipment shall be listed by an approved agency and shall be maintained in a safe and operable manner. Non-grounded extension cords and multi-plug receptacles are strictly prohibited. SECTION- 610.5 FLAMMABLE AND COMBUSTIBLE LIQUIDS: No more than one U.S. gallon (3.78 I) of flammable or combustible liquid shall be permitted on the premises at any time. All flammable liquids stored on the premises shall be stored in an approved container in a safe area. No flammable or combustible liquids shall be stored within 25 feet of any open flame or heat producing device capable of ignition. SECTION 610.6- OPEN FLAME: No open flame or heat producing device shall be left unattended while in operation. All such devices shall be turned off, disconnected or extinguished if not in immediate use. SECTION 610.7- VENTILATION: All shops in which toxic, flammable or poisonous gases or other vapors which are potential hazards shall be equipped with proper ventilation. Said ventilation systems shall be designed to have the capacity of providing 1.5 cfm/ft2 per square foot of floor area. This mechanical system shall be provided by a method of supply and exhaust air. The amount of supply air shall be approximately equal to the amount of exhaust air. Said system shall be designed and installed in accordance to the International Mechanical Code. Location of fans, hoods and ducts shall meet the approval of the fire department. SECTION 610.8- INTERIOR FINISH: All ski shops shall have no less than one hour fire resistive assemblies for walls, ceilings and floors. Interior finish of the room shall be class A, as tested in accordance to ASTM E 84. All work tables where the use of open flame or heat producing devices is permitted, shall be of non-combustible construction on the surface and all exposed surfaces adjacent to such production processes. SECTION 610.9- TEMPORARY SKI REPAIR FACILITIES: Temporary ski repair facilities may be allowed under the following conditions; 1. Temporary ski repair facilities are defined as those designated and intended for less than 30 days use, and outlined in section 610.1. 2. Ventilation requirements for the immediate ski repair area may be waived, provided the room or space in which the ski repair operation is located is provided with mechanical and/or natural ventilation sufficient to provide a minimum of six air changes per hour, or meet the International Building Code requirements for building usage. 3. Flammable liquid usage shall be limited to rooms equipped with automatic fire sprinkler systems. Maximum quantity shall not exceed one U.S. gallon. 4. Temporary ski repair operations shall not adversely affect the health or life-safety of the occupants of the building. 5. Temporary ski repair operations shall not be allowed to cause false alarms. It shall be the responsibility of both the building owner/manager and the operator of the ski repair 11 10-2-11\n operation to take appropriate measures to avoid false alarms (activation of fire detection system under non-emergency circumstances). 6. A fire extinguisher with a minimum rating of 3A40bc shall be provided for each 400 square feet of ski shop repair area. Such fire extinguisher shall be equipped with a service tag, provided by a licensed fire protection company, indicating that the extinguisher has been serviced and/or recharged within the last twelve months. 7. Temporary ski repair operations shall not be allowed within the residential portions, accommodation units, dwelling units, condominiums or sleeping rooms of buildings. Hazardous rooms shall not allow (i.e. - boiler rooms, HVAC, electrical rooms, rooms beneath stairs, non fire-rated attics, storage rooms and similar spaces). 8. All installations and features thereof are subject to the approval of the fire chief and chief building official. SECTION 901.4.2- NON REQUIRED FIRE PROTECTION SYSTEMS: Delete this section in its entirety. SECTION 901.4.3 -ADDITIONAL FIRE PROTECTION SYSTEMS: Amend this section to add the following language as follows: "Such safeguards may also include a requirement to provide a fire command center meeting the requirements as per Section 508. Elements to be included in the fire command center may be modified as to size and function with the approval of the fire department. SECTION 901.4.5 - QUALIFICATIONS: Amend to add this new section to read as follows Service personnel shall be registered with the Colorado Division of Fire Safety as a Fire Suppression System contractor and qualified and experienced in the inspection, testing, and maintenance of fire sprinkler systems. Qualified personnel shall meet the requirements for Item 1 and either Item 2 or 3(minimum). 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Journeyman certification program through an organized labor union. 3. A minimum of 8 hours of continuing education annually. 4. Certified by examination by a state or local authority. 5. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 6. Factory trained and certified. 7. Completion of apprentice program through an accredited educational program. SECTION 901.4.6- CONTRACTOR REGISTRATION: Amend to add this new section to read as follows 12 10-2-12\n Pursuant to Town of Vail Municipal Code Section 4-7-2, persons engaged in servicing, installation, repair and maintenance of fire alarm systems and components shall be registered as Contractors and subject to the requirements set forth therein. SECTION 901.6.1- STANDARDS: This section is to be deleted in its entirety and shall be replaced with the following text; Fire protection systems shall be installed, inspected, tested and maintained in accordance with the referenced standards listed in Table 901.6.1 and in accordance with Vail Fire and Emergency Services Fire Sprinkler Installation Standards. Standards may be altered, changed, or updated from time to time with the approval of the Fire Chief. Such standards shall be published and available for review. SECTION 901.7.4 -PREPLANNED IMPAIRMENT PROGRAMS: The first paragraph is hereby amended as follows: Preplanned impairments shall be authorized by the Vail Fire and Emergency Servicest. An Impairment Permit is required prior to authorization. Before authorization is given, a designated individual shall be responsible for verifying that all of the following procedures have been implemented: SECTION 901.10- LIFE SAFETY REPORTS: Amend to add this new section to read as fol lows: A Life Safety Report shall be submitted for review for all buildings 55 feet or more in height, for inaccessible buildings, or where the building is employing a performance based design. Elements of the Life Safety Report shall include but are not limited to exiting, travel distances, smoke control, smoke management, fire alarm and detection, fire sprinkler systems, standpipe systems, fire pumps, and other elements directly related to fire and life safety. Format and content shall meet the approval of the Fire Chief. SECTION 902 -DEFINITIONS: Amend this section to add the following language as follows; False Alarms: See Town of Vail Municipal Code Title 4 Chapter 9. Inaccessible Buildings: Where fire department access does not extend to at least 50% of the exterior perimeter, or does not provide aerial apparatus access within 20 feet of the exterior perimeter of the highest occupied floor, or where the most remote point of the exterior perimeter is greater than 150 feet of any fire staging area as defined in the Town of Vail Municipal Code Title 14. SECTION 903.2 -WHERE REQUIRED: Exception: Amend this section to add the following text; "and an alternative fire suppression system is installed per Section 903.1.1" SECTION 903.2.10- GROUP S-2 ENCLOSED PARKING GARAGES: Delete the following: Exception: Enclosed parking garages located beneath Group R-3 occupancies. 13 10-2-13\n SECTION 903.2.11.1- STORIES WITHOUT OPENINGS: Amend this section to add the following text: 3. Openings referred to in items 1 and 2 above shall have approved fire department access. SECTION 903.2.11.3- BUILDINGS 55 FEET OR MORE IN HEIGHT: Exception: Delete the following; 2. Open parking structures. SECTION 903.2.11.3.1- INACCESSIBLE BUILDINGS: Amend to add this new section to read as follows: An automatic sprinkler system shall be installed through all buildings classified as an inaccessible building. See Section 902 Definitions. SECTION 903.3.1.1- NFPA 13 SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following text; Where the provisions of this code require that a building or portion thereof be equipped with throughout with an approved automatic fire sprinkler system in accordance with this section, sprinklers shall be installed in accordance with NFPA 13 and Vail Fire & Emergency Services Standards as published at vailgov.com. SECTION 903.3.1.1.1- EXEMPT LOCATIONS: Delete section in its entirety Section 903.3.1.4- UNDERGROUND FIRE MAINS: Amend to add this new section to read as follows; Underground fire mains shall comply with NFPA 24. SECTION 903.3.1.3- NFPA 13R SINGLE FAMILY / DUPLEX SPRINKLER SYSTEMS: This section is to be deleted in its entirety and shall be replaced with the following text; Where a fire sprinkler system is required by this code, automatic sprinkler systems installed in one and two- family dwellings and townhouses shall be installed throughout in accordance with NFPA 13R. See Vail Fire & Emergency Standards as published. SECTION 903.3.5.1.1- LIMITED AREA SPRINKLER SYSTEMS: Delete section in its entirety SECTION 903.4- SPRINKLER SYSTEM SUPERVISION AND ALARMS: Amending this section by deleting Exceptions 1 through 7. SECTION 903.4.3- FLOOR CONTROL VALVES: Amend this section to add the following language as follows: Floor control valves shall be readily accessible without the use of special key, knowledge or ladder. Locations of floor control valves shall be subject to approval of the fire department. SECTION 905.2.1- INSTALLATION STANDARDS - STANDPIPE SYSTEMS: Amend to add this new section to read as follows; Class I standpipes may be required to be manual wet when 14 10-2-14\n required by the Fire Code Official. Standpipes shall be hydraulically separate from fire sprinkler risers. Combination risers are prohibited without expressed permission of the fire code official. SECTION 905.3.1-HEIGHT EXCEPTIONS: Amend this section by deleting the following exception; 5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible. SECTION 907.1- QUALIFICATIONS: Amend this section to add the following text: Alarm Service personnel shall be registered with the Town of Vail as a Fire Alarm System contractor and qualified and experienced in the inspection, testing, and maintenance of fire alarm systems. Qualified personnel shall meet the requirements for Item 1 and either Item 2 or 3(minimum). 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Factory trained or certified. 3. Journeyman that have completed a BAT certification program through the State of Colorado. 4. Certified by examination by a state or local authority. 5. A minimum of 8 hours of continuing education annually. 6. Trained and qualified personnel employed by an organization listed by a national testing laboratory for the servicing of fire sprinkler systems. 7. Completion of apprentice program through an accredited educational program. SECTION 907.1.4- FIRE ALARM STANDARDS: Amend to add this new section to read as follows: See Vail Fire & Emergency Service Standards. SECTION 907.1.5.1- CONDUIT REQUIREMENTS: Amend to add this new section to read as follows: Fire alarm wiring and cables in buildings over four stories in height shall be installed in EMT or rigid conduit. Installation shall comply with National Electrical Code 760. SECTION 907.1.5.2 - WIRING REQUIREMENTS: Amend to add this new section to read as follows: In buildings four stories or less, all wiring shall be not less than plenum rated FPLT or installed in EMT or rigid conduit. SECTION 907.9.5.1- FIRE ALARM SYSTEMS: Amend to add this new section to read as follows; Registered Fire Alarm Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire and Emergency Services Fire Prevention Bureau. Such reports shall be submitted within 30 days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the National Fire Protection Association National Fire 15 10-2-15\n Alarm Code, also known as NFPA 72. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. SECTION 907.9.5.2- FIRE PROTECTION SYSTEMS: Amend to add this new section to read as follows; Tests and Inspection Reports - Registered Fire Sprinkler Contractors are required to submit a signed copy of each Test and Inspection report on their company letterhead to Vail Fire & Emergency Services Fire Prevention Bureau. Such reports shall be submitted within 30 days of the inspection and may be transmitted by mail, electronic transmission, or hand delivered. All deficiencies identified during the tests and inspection shall be duly noted as to nature and location. Reports shall contain without regard to format, all essential information as is contained and addressed in the National Fire Protection Association Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, also known as NFPA 25. Failure to submit copies in a timely manner may result in suspension of the contractor's Town of Vail Contractor's registration. SECTION 909.1- SCOPE AND PURPOSES: Amend this section to add the following language as follows; Standard 92 A and 92 B as published by the National Fire Protection Association are hereby adopted by reference. Where provisions of IFC and IBC differ from NFPA 92 A and 92 B, NFPA standards shall prevail. SECTION 909.4.3- WIND EFFECT: This section is to be deleted in its entirety and shall be replaced with the following text; Wind-loading provisions shall be consistent with NFPA 92A and 92B and ASHRAE standards. SECTION 909.6.1- MINIMUM PRESSURE DIFFERENCES: This section is to be deleted in its entirety and shall be replaced with the following text; The minimum pressure difference across a smoke barrier shall be 0.05-inch water gage (0.0124kPa) in fully sprinklered buildings. In buildings allowed to be other than fully sprinklered, the smoke control system shall be designed in accordance with requirements as indicated in Table 5.2.1.1, 2006 NFPA 92A. SECTION 909.6.1.1- ELEVATOR PRESSURIZATION: Amend to add this new section to read as follows; With respect to International Building Code 2009 edition, Section 708.14.2.1, providing elevator pressurization in lieu of elevator lobbies, the minimum pressures shall be as indicated in NFPA 92A, 2006 edition, Table 5.2.1.1. The maximum pressure of 0.25-inches of water (67 kPA) as prescribed by the International Building Code section 708.14.2.1 is subject to engineering review and may be altered such that the maximum pressure differential shall allow for elevator door opening and closing without malfunctioning. 2009 International Building Code Section 909.20.5 is hereby amended to replace 0.10-inches of water (25kPa) pressure with the minimum pressure requirements in 2006 NFPA 92A, Table 5.2.1.1. An engineered design shall be submitted the system can work with two doors open, one at the level of exit discharge and the other at the top of the stair shaft as well as with all doors closed. SECTION 914.3.1- AUTOMATIC SPRINKLER SYSTEMS: Exception 1 and Exception 2, This 16 10-2-16\n section is to be deleted in its entirety and shall be replaced with the following text; Note: With the approval of the fire code official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 914.6.1 - AUTOMATIC SPRINKLER SYSTEMS. This section is to be deleted in its entirety and shall be replaced with the following text; Note: With the approval of the fire code official, alternate automatic fire suppression systems may be considered for use in areas where a fire sprinkler system may not be suitable. SECTION 4603.6.1- MANUAL PULL STATIONS: Group E Exceptions 1 and 2; Delete this section in its entirety SECTION 4603.6.2 -MANUAL PULL STATIONS: Group I-1. Exception 2; Delete this section in its entirety SECTION 4603.6.5.1- MANUAL PULL STATIONS: Exception 1 and 2; Delete this section in its entirety SECTION 4603.6.5.1.1- GROUP R-1 HOTEL AND MOTEL AUTOMATIC SMOKE DETECTION SYSTEMS Exception. Delete section in its entirety SECTION 4603.5.2.1- GROUP R-1 BOARDING AND ROOMING HOUSES AUTOMATIC SMOKE DETECTION SYSTEM: Amend the text of this section by deleting the following; "not equipped with an approved supervised sprinkler system installed in accordance with Section 903." SECTION 4603.6.6- GROUP R-2 Exceptions 1, 2 and 3. Delete section in its entirety SECTION 4603.7- BATTERY POWERED DETECTORS: Amend to add this new section to read as follows: Where battery powered detectors have been installed as a result of an exception in this section, and where the fire alarm system is required by another section of this code, the Chief may require the use of RF system detectors. SECTION 4603.7.3- POWER SOURCE Exception 3: This section is to be deleted in its entirety and shall be replaced with the following text; In structures where alterations are taking place, RF detectors may be installed in lieu of hard wired detectors. RF detectors may be battery powered detectors. SECTION 4603.8 - MONITORING REQUIRED: All fire alarm and fire sprinkler systems shall be monitored by a UL listed central monitoring station or by Vail Public Safety Communication Center. 17 10-2-17\n APPENDIX B- FIRE FLOW REQUIREMENTS: Amend to read "The maximum reduction for sprinklered buildings shall be not greater than 50%. APPENDIX D- FIRE APPARATUS ACCESS ROADS : Amend this section to add the following language as follows: This section is for reference only but may be used in performance based design. Refer to Town of Vail Municipal Code Title 14. APPENDIX G- CYROGENICS : Weight and Volume Tables Amend this section to add the following language as follows: Use as reference only. APPENDIX J- EMERGENCY RESPONDER RADIO COVERAGE: Amend this section to add the following language as follows: See Ordinance 1, 2007, Town of Vail Municipal Code 17 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the International Mechanical Code, 2009 edition: SECTION 101.1 - TITLE: Section 101.1, Title, is hereby amended as follows: These regulations shall be known as the Mechanical Code of the Town of Vail, hereinafter known as "this code". SECTION 101.2 - SCOPE: This section is hereby amended as follows: Delete exception 1 in its entirety. SECTION 106.5.2 - FEE SCHEDULE: This section is hereby amended to read as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 106.5.2 - FEE REFUNDS: This section is hereby to amended to read as follows: Item 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. SECTION 306.5- EQUIPMENT AND APPLIANCES ON ROOFS OR ELEVATED STRUCTURES: This section is hereby amended with addition of the following text: Item 8; For additional rooftop access requirements, refer to Town of Vail Fire and Emergency Services policy manual. 18 10-2-18\n TABLE 403.3- MINIMUM VENTILATION RATES: This table to be amended by the addition of the following text; Note I"Ski Shop Ventilation": For Ski shop ventilation compliance requirements, refer to Vail International Fire Code Section 610.4.7 SECTION 903.3 - UNVENTED GAS LOG HEATERS: This section is hereby amended to read as follows: Un-vented gas fireplaces are prohibited. 10-1-7: AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE: The following amendments are hereby made to the International Plumbing Code, 2009 edition: SECTION 101.1- TITLE: This section is hereby amended as follows: These regulations shall be known as the Plumbing Code of the Town of Vail hereinafter referred to as "this code." SECTION 101.2- SCOPE: This section is hereby amended as follows: Delete Exception in its entirety. SECTION 106.6.2 FEE SCHEDULE: This section is hereby amended as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. SECTION 106.6.3 FEE REFUNDS: This section is hereby amended as follows: Item 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. SECTION 412.5 - MECHANICAL ROOMS: With the addition of this new section to read as follows; For heating or hot-water boiler applications, the boiler room shall be equipped with a floor drain or other means suitable for disposing of the accumulation of liquid waste incidental to cleaning, recharging and routine maintenance. SECTION 606.2- LOCATION OF SHUTOFF VALVES: Section 606.2, Location of shut off valves, Item 1, is hereby amended as follows: On the fixture supply to each plumbing fixture other than bathtubs, showers and concealed wall mounted faucets in one and two family residential occupancies, and other than in individual guestrooms that are provided with unit shutoff valves in hotels, motels, boarding houses and similar occupancies shutoff valves are required. SECTION 904.1 - ROOF EXTENSION: This section is hereby amended to read as follows: All open vent pipes that extend through a roof shall be terminated at least 12 inches above the roof, except that where a roof is to be used for any purpose other than weather protection, the vent shall be run a least 7 feet (2134mm) above the roof. SECTION 904.2 - FROST CLOSURE: This section is hereby amended as follows: Every vent extension through a roof or wall shall be a minimum of 3 inches (76mm) in diameter. Any increase in size of the vent shall be made inside the structure a minimum of 1 foot (305mm) below the roof or inside the wall. 19 10-2-19\n CHAPTER 13- REFERENCED STANDARDS: This chapter is hereby amended by the addition of the following; The State of Colorado Plumbing Code revisions as published by the State of Colorado 10-1-8 AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: The following amendments are hereby made to the International Fuel Gas Code, 2009 edition: SECTION 101.1- TITLE: This section is hereby amended to read as follows: These regulations shall be known as the Fuel Gas Code of the Town of Vail, hereinafter referred to as "this code". SECTION 101.2- SCOPE: This section is hereby amended as follows: The exception is deleted in their entirety. SECTION 106.6.2- FEE SCHEDULE: This section is hereby amended to read as follows: The construction fee schedule for the Town of Vail shall be on file and maintained in the office of the Community Development Department. All work regulated by the Fuel Gas Code shall be subject to fees as designated in the construction fee schedule for mechanical permits. SECTION 106.6.3- FEE REFUNDS: This section is hereby amended to read as follows: Item 2. Not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this code. SECTION 303.3- PROHIBITED LOCATIONS: This section is hereby amended as follows; Delete exception 2, 3 and 4 in their entirety. SECTION 304.11- COMBUSTION AIR DUCTS: This section is hereby amended to read as follows; Item 8. Combustion air intake openings located on the exterior of a building shall have the lowest side of such openings located not less than 60 inches vertically from the adjoining ground or 36 inches above the roof. SECTION 304.1- GENERAL: This section is hereby amended to include the following text: New construction shall be considered unusually tight construction as defined by this code. SECTION 304.5- INDOOR COMBUSTION AIR: This section is hereby amended as follows: Delete this section in its entirety. SECTION 404.5 - PROTECTION AGAINST PHYSICAL DAMAGE: This section is hereby amended with addition of the following text; Above ground gas meters, regulators, and piping shall be protected from damage by ice or snow, and if exposed to vehicular damage due to proximity to alleys, driveways or parking areas, shall be protected from such damage. SECTION 406.4.1 -TEST PRESSURE: This section is hereby amended as follows: This test shall include an air, carbon dioxide or nitrogen pressure test, at which time the gas piping shall 20 10-2-20\n withstand a pressure of not less than 10 psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding 14 inch water column, the test shall be at least 60 psig (414 kPa). SECTION 406.4.2- TEST DURATION: This section is hereby amended as follows: Test duration shall not be less than 15 minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding 14 inch water column, the duration shall not be less than 30 minutes. SECTION 409.7- NATURAL GAS EMERGENCY GENERATORS: With the addition of this new section to read as follows; Gas emergency generators shall have a dedicated gas line connected on the supply side of the main gas shutoff valve and marked as supplying an emergency generator per NFPA 110.7.9.7 & 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4- FIRE PITS: With the addition of this new section to read as follows; Fire pits serving all residential units require automatic shut-off controls with a maximum timer of 30 minutes and may only be served by a 3/4" gas pipe. SECTION 501.8 -EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended as follows: Delete item 8 and 10. SECTION 503.6.4- GAS VENT TERMINATIONS: This section is amended with the addition of the following text Item 8. Gas appliance vent terminations located on the exterior of a building shall have the lowest side of such openings located not less than 60 inches vertically from the adjoining ground or 36 inches above the roof. SECTION 603- LOG LIGHTERS: This section is hereby be amended with the addition of the following text: Log lighters shall be prohibited to be installed in the Town of Vail. SECTION 621.2- PROHIBITED USES: The section is herby amended with the addition of the following text; Log lighters are not permitted. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the National Electrical Code, 2008 edition: ARTICLE 210.25(C) - MULTI FAMILY DWELLING UNITS: This article shall be amended to read as follows; In multi-family dwelling units, no electrical wiring or feeder cables shall pass from one unit to another. Common walls and common spaces shall be exempt from this requirement. ARTICLE 230, Part II - OVERHEAD SERVICE-DROP CONDUCTORS: This article is hereby amended to read as follows; Overhead services shall not be permitted within the Town of Vail. ARTICLE 230.32 - PROTECTION AGAINST DAMAGE: This article is hereby amended with the addition of the following text; (a) Underground service shall be installed in approved conduit from the transformer to the electric meter/disconnect switch, and to the main circuit breaker (service entrance). 21 10-2-21\n ARTICLE 250.52 - GROUNDING ELECTRODES: This article shall be amended to include the following text; (C) for new construction; electrical services shall be bonded to a concrete encased electrode. Where the water pipe is metal, it shall also be bonded within five feet of the water pipe entrance. ARTICLE 300.5 - UNDERGROUND INSTALLATIONS: This article is hereby amended with the addition of the following text; All underground electrical wiring of 120 volts or more shall be installed in PVC conduit. Minimum depth of 18 inches from the top of the conduit and warning tape is required per the NEC. ARTICLE 310.5 - CONDUCTORS FOR GENERAL WIRING: This article shall hereby be amended with the addition of the following text; Aluminum wire or copper clad aluminum wire smaller than #8 AWG shall not be permitted. ARTICLE 334.12 - USES NOT PERMITTED: This article is hereby amended with the addition of the following text; C) Type NM. Type NM cables shall not be used under the following conditions:(1) Any building containing occupancy groups A, B, E, F, H, I, M, S, as defined in the 2009 International Building Code. ARTICLE 230.70(A)- FOR RESIDENTIAL STRUCTURES: This article is hereby amended to read as follows; The main disconnect shall be readily accessible, and located next to the meter on the exterior wall of the structure. ARTICLE 410.10(D) - BATHTUB AND SHOWER AREAS: This article is hereby amended with the addition of the following text; Fixtures in bathtub and shower area shall be rated for the use (damp/wet location) and shall have a lens on the fixture trim. 10-1-10: AMENDMENTS TO THE INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments are hereby made to the International Energy Conservation Code 2009 edition. SECTION 101.4 - COMPLIANCE: This section is hereby amended with the addition of the following text; The latest editions of Rescheck and Comcheck software, as developed by the United States Department of Energy, may be used to demonstrate compliance with International Energy Conservation Code 2009 edition. SECTION 303.1.3- FENESTRATION PRODUCT RATING: This section is hereby amended to read as follows; U-factors of fenestration products (windows, doors and skylights) shall be determined in accordance with NFRC 100 by an accredited, independent laboratory, and labeled and certified by the manufacturer. Products lacking such a labeled U-factor shall be assigned a default U-factor from table 303.1.3(1) or 303.1.3(2), or the designer must submit calculated U-values for review by the building official using methods set forth in ASHRAE Fundamentals chapter 30, page 30.4, "U-Factor (Thermal Transmittance) - Determining Fenestration U-factors." TABLE 402.1.1- INSULATION AND FENSTRATION REQUIREMENTS BY COMPONENTS: 22 10-2-22\n This table to be revised by the addition of footnote h to read as follows; The fenestration U- factor for the Town of Vail shall be .30 for all new one and two family dwelling units SECTION 402.4.2.1 TESTING OPTION: This section is hereby amended with the addition of the following text; The testing agency shall be approved by the Town of Vail Building Official. SECTION 403.9.3- POOL COVERS: The exception to this section is hereby deleted in its entirety. SECTION 403.6- EQUIPMENT SIZING (MANDATORY): This section is hereby amended to read as follows; Heating equipment shall be sized in accordance with ASHRAE Chapter 17 for residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of 92% AFUE. 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendments are hereby made to the Uniform Code for the Abatement of Dangerous Buildings 1997 edition: SECTION 301- GENERAL: This section is herby amended to read as follows: For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the Building Code. BUILDING CODE: is the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: is any building or structure deemed to be dangerous under the provisions of Section 302 of this code. 10-1-12: COPIES OF CODES AVAILABLE: Copies of all the codes adopted by this Chapter and all amendments thereto shall be available for inspection at the office of the Town Clerk. 10-1-13: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fail to comply therewith, or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statements, specifications, or plans submitted and approved thereunder, or any certificate or permit issued thereunder, or within the time fixed therein shall be guilty of a misdemeanor and subject to penalty as provided in Section 1-4-1 of this Code. The imposition of a penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required 23 10-2-23\n to correct or remedy such violation or defects within a reasonable time, and each day that the prohibited conditions are maintained shall constitute a separate offense. B. The Town may maintain an action for damages, declaratory relief, specific performance, injunction, or any other appropriate relief in the District Court in and for the County of Eagle for any violation of any of the provisions of this Chapter. (1997 Code: Ord. 25(1991) § Section 2. The building codes adopted by this ordinance shall be effective for all building permit applications received by the Town of Vail, Department of Community Development, Building Safety and Inspection Services, on or after January 1, 2010. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 6. 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard Cleveland, Mayor ATTEST: 24 10-2-24\n Lorelei Donaldson, Town Clerk Ordinance No. 4, Series of 2005 25 10-2-25\n 2009 Building Codes ~ . ~ ~ . W ~ h F ; • iA,~ . - . " ' - 1 _ _ ~ ~ ` _ _ ' ~-r~ KJ ` ■,y ~ I •l'~6 '~x'~_' A. ,v~.~M,.: 1~ 5~(~i~~~ Rs'~ 4y ~~4r.~.' ~ ~ ~ October 6, 2009 Vail Town Council . 10-3-1\n What are the 2009 Building Code Changes? Ex7isffng OM . _ . - . . . 00• Amendments ~ International Building, • Uniform Abatement Code Residential and Fire Codes • International Performance Code ~ International Plumbing/ Mechanical and Fuel gas codes ~ International Energy Conservation Code ~ National Electrical Code 0 Town of Vail Community 2 no OFDevelopment Department 10-3-2\n Why the 2009 Codes? • Bring the Town Code up to the current building standard for construction - Allows for the construction industry to take advantage of the most recent building science • Safety, efFiciency, latest technology • Achieve the goals of the Sustainable Building Initiative through the adoption of the 2009 Energy Conservation Code 0 Town of Vail Community 3 Development Department 10-3-3\n Who? • Technical Advisory Committees - Over 30 volunteer professionals donated over 500 hours toward review, modeling, and analysis of code changes • Board of Appeals - Chaired each Technical Advisory Committee - Reviewed all code recommendations • Sustainable Building Initiative Committee - Worked with Technical Advisory Committees on proposed SBI items Town of Vail Community 4 no OFDevelopment Department 10-3-4\n How? • The 2009 Code Review Process - Committees recommended changes to model codes, based on Vail's unique construction environment - Reviewed existing amendments for relevancy - Presented to Board of Appeals for review and approval Town of Vail Community 5 no OFDevelopment Department 10-3-5\n When? • Code Changes effective January 2010 • Training seminar on IBC and IFC • October 9, 2009 Town of Vail Community 6 no OFDevelopment Department 10-3-6\n Thank You Martin Haeberle, CBO 970-479-2142 MHaeberle@vailgov.com Town of Vail Community 7 no OFDevelopment Department 10-3-7\n Memorandum To Vail Town Council From: Community Development Department Date: October 6, 2009 Re: Frequently Asked Questions Regarding the Adoption of the 2009 Building Codes 1. Why should the Vail Town Council adopt the 2009 Building Codes (Ordinance No. 18, Series of 2009) ? The Vail Town Council should adopt the 2009 Building Codes for the following reasons: • Buildings built in the Town of Vail will be able to utilize the current minimum construction standards available. • The use of current standards allows the design professional and the contractor to build the most efficient, cost effective, and safe structure without the burden of out of date standards. • By adoption of the 2009 Building Codes the Town will be in compliance with current state and federal regulations. 2. Upon adoption of the 2009 Building Codes will additional staff be required to administer the new codes? No additional staff will be required to administer the new codes. Presently, the Town of Vail staffing level is properly aligned to administer the 2003 Building Codes, with amendments, and the adoption of the 2009 Building Codes will not generate the need for increased staffing levels. 3. Will it take additional time to process a building permit pursuant to the provisions of the 2009 Building Codes? No. Again, the Town of Vail staffing level is properly aligned to administer the 2009 Building Codes. As such, the town staff will be able to maintain our current levels of customer service and continue to meet or exceed or customer's expectations. With the exception of the larger and more complex projects, our customer service standard is to complete the initial review of a building permit application in fifteen working days or less. 4. Do the provisions of the 2009 Energy Code increase the costs for the construction of a new single family or duplex residence? Yes and no. Some initial cost increases exist however the initial cost increase is paid back to the homeowner over the life cycle of the building. For instance, the additional cost incurred for increasing the efficiencies of windows has an 10-4-1\n approximate five-year payback, depending on the quality of windows and use, in energy savings (heating & cooling) and the installation of a high efficient boiler is a common practice in construction in Vail and has a high return on payback. Use and size of the boiler determines the amount of payback. By contrast however, the insulation requirements for exterior walls and ceilings remain unchanged from the current standards. 5. The Town of Vail presently does not have a Performance Code. Why should the Vail Town Council adopt a Performance Code? More than 90% of all proposed buildings in the Town of Vail easily can achieve full compliance with the 2009 Building Codes through the prescriptive requirements of the codes. The remaining 10% of the buildings require a performance based design to achieve full compliance due to the complexity of the design or location. The Performance Code establishes specific guidelines for achieving this compliance. 6. How are dangerous buildings addressed without the Abatement of Dangerous Building Code? In the past, the Community Development Department required abatement of dangerous buildings by reference within the adopted fire code. This approach did not allow for a process of compliance by due process for the owner nor gave specific criteria for when a building may be abated. Through the adoption of the Abatement of Dangerous Building Code, these shortcomings to the current approach are resolved. 7. The 2009 Building Codes require the use of fire sprinkler systems in most residential and commercial development. Why is this requirement beneficial to homeowners in the Town of Vail? The International Building Code regulates multi family and commercial development. Single family homes and duplexes are regulated by the International Residential Code. The provisions in the 2009 International Residential Code that requires all new single family home and duplexes to install a fire sprinkler system is proposed to be deleted and replaced with a matrix titled," Criteria for Requirements to Install Fire Sprinkler Systems", that is utilized for new homes today. National statistics have shown that the best way to protect loss of life in a home from a fire is by the installation of an operational fire sprinkler system. Over the last several years the building codes have continually increased the criteria for fire sprinklers in residential occupancies in reaction to these statistics. As of 2003 all new residential occupancies of other than one and two family dwellings are required to have a fire sprinkler system. By requiring a fire sprinkler system in a new single family home, Vail will be providing the highest level of protection from loss of life to the homeowner. 8. Why increase the efficiency requirements for windows in new homes? The increase in efficiency requirements in windows provides the best value for increased cost versus energy savings that can be done in a home. This helps the 10-4-2\n Town of Vail achieve its environmental sustainable imitative goals and provides years of operating cost savings to the homeowner. 9. What were the various roles and responsibilities of the town staff, advisory committees and the Town of Vail Building and Fire Code Board of Appeals in the process of developing this ordinance? The town staff provided technical and administrative support to the technical advisory committees. The technical advisory committees provided proposed code amendment recommendations to the Town of Vail Building and Fire Code Appeals Board for consideration. The Building and Fire Code Appeals Board reviewed the recommended amendments and has forwarded a recommendation of approval of the proposed code amendments to the Vail Town Council. 10. How is the 2009 Building Codes going to deal with roof tiles and ice from falling from a building onto walkways? Amendments to the building code addressing the snow guard design and snow retention of roofs over exits and pedestrian walkways requires the building designer to incorporate snow retention into their roof design. This will require the design professional to consider types of roof coverings that would best achieve this requirement as well as appropriate snow guards. 11. What circumstances or conditions trigger the requirement to install a fire sprinkler system in an existing single family or duplex residence? Is there a variance process which allows for The Building and Fire Appeals Board recommends using a matrix titled; "Criteria for Requirements to Install Fire Sprinkler Systems" for new and existing single family homes as well as duplexes. This matrix includes eight automatic exceptions. Attachment A explains this in detail. Yes, a variance may be made to the Town of Vail Fire Chief for relief of this requirement and then to the Building and Fire Appeals Board. 12. On average, how much does it cost to install a fire sprinkler system? A review of 12 single family structure fires occurring in Vail over the last eight years reveals the theoretical cost of a fire sprinkler system at $4.00 to $6.00 sq/ft. When compared to the valuation (Eagle County Assessors Office) the cost of installing a fire sprinkler system is less than is less than 1%. The review also indicates the cost of installing a fire sprinkler system averages less than 10% of the actual fire damage. 13. Why did the Building and Fire Appeals Board recommend fire sprinkler systems for new single family and duplex buildings at this time? The action by the Board of Appeals is to delete the requirement for all new single family and duplex construction from the International Fire Code, transfer the 10-4-3\n jurisdiction for fire sprinkler requirements to the Fire Code, and replace the 100% requirement with the Criteria for Requirements to Install Fire Sprinkler Systems". 14. What is the savings of the change to the plumbing fixture requirements in commercial buildings? The current code requires new small business owners to provide a male and female restroom, a drinking fountain and service sink. The Building and Fire Appeals Board approved relief of this requirement by increasing the number of occupants per square foot ratio before these requirements become effective. This allows a small business owner to utilize more space before additional plumbing facilities would be required. The new small business owner will only be required to install one restroom thereby allowing a substantial savings in construction cost. 15. Where is the major savings in energy from the energy code due to the insulation requirements have not changed? Most of the savings in energy is in the increase in criteria for commercial and large multifamily structures that are over four stories. The savings that will be achieved in the single family residence is seen in the efficiency increases of the boilers and windows. 16. Is additional fees associated with the adoption of the 2009 Building Codes? No. The adoption of this ordinance will not create additional permit fees or plan check fees. The Towns current fee schedule will not be affected by this ordinance. 17. What otherjurisdictions have adopted the 2009 Building Codes? The Town of Vail will be the first in the Western Slope Region of Colorado to adopt the entire family of 2009 Building Codes. Aspen however, has adopted the 2009 International Energy Conservation Code but has not as of yet adopted the rest of the 2009 codes. Most jurisdictions in Colorado are currently utilizing the 2006 Building Codes. 18. Will existing buildings be required to comply with the 2009 Building Codes? No. Existing buildings are allowed to maintain their existing use without having to update to the 2009 Building Codes. Only new structures, additions, and areas being remodeled are affected by the 2009 Building Codes. 19. How does the building code protect the exterior of roofs from forest fires? The building codes have maintained an existing amendment to the building code that does not allow wood shake roofs and also requires a Class A roof system which is fire resistive. 19. What effect does adoption of the 2009 Building Codes have on the processing of a building permit? 10-4-4\n There will not be an increase in the processing time or staffing by adopting the 2009 codes. By utilizing the new codes for construction, plan review and design of projects the process shall be more efficient and utilize less time trying to find alternatives to out of date standards. 10-4-5\n VAIL FIRE & EMERGENCY SERVICES 2009 INTERNATIONAL FIRE CODE COST IMPACT ANALYSIS Estimated cost impacts of "new code" amendments over 2003 edition as adopted, given identical design elements. Chapter 1 Administrative Section No Impact Chapter 2 Definitions No Impact Chapter 3 General requirements - Heat Producing Equipment No Impact Chapter 5 Fire Service Features No Impact Note: Fire Command Centers are already required. Chapter 6 Building Services and Systems No Impact General Provisions for Ignition Sources Chapter 9 Fire Protection Systems IFC 903 IRC Single Family / Duplex Fire Sprinkler System Not Otherwise Required by IFC - See matrix $4.50 -$6.00 sq ft. * May go as high as $8.00/sq.ft for complex design or extraordinary esthetic treatments. IFC 905.21 Manual Wet Standpipes vs Class III 2% - 25% Less Install 25% Less Operating IFC 907 Conduit Requirements vs Free Wiring No Impact on Materials 50% - 75% Less on Labor to Cure Ground Faults IFC 907.1.5.2 Plenum Rated Wire Significantly Less Toxic than Non-Rated Wire Insulation at Virtually the Same Cost 10-5-1\n 2009 1NTERNATIONAL FIRE CODE COST 1MPACT ANALYSIS Page 2 Chapter (9 (continued) IFC 909 - 914 Smoke Control Expanded Options for Design Services and Parameters. Cost Impact Neutral or Less Chapter 46 4603.7 RF Detectors - Retrofit Cost Savings of Potential Asbestos Abatement, Drywall Damage, Wire Run, Drywall Repair, Texture Matching and Re-Painting and Labor - 75% Savings Over Hard Wired Detectors NOTE: Property owners have options. Designers have options. Cost impacts are directly related to decisions made in the absence of considerations of options to design and operational features of life safety systems. The Town Council of 1983 allowed the Fire Department to work directly with property owners to inform them of possible decision options and help equalize bids, equalize system performance as proposed in the bid documents, and evaluate performance of the proposed system. 10-5-2\n 2009 1NTERNATIONAL FIRE CODE COST 1MPACT ANALYSIS Page 3 COST COMPARISONS The following cost comparisons are based on 2009 dollars for a 5000 square foot single family residence. Fire Sprinkler System - New Construction $4.00 6.00 sq ft $20,000 -$30,000 Carpet (555.55 sq. yards.) @ $45/yrd = $24,999.75 ($25,000) _ $5.00 sq ft. Note: According to a survey of local stores, New SFR installations of $40 -$45/yrd or above (installed) is estimated at 20% by two stores and 50% by another store. Framing: The cost of framing in Vail runs a minimum of $35 -$45 per sq ft equivalent. Exposed wood beams, log trusses and high vaulted ceilings can easily run the cost up to $50/sq.ft.. Fire Loss History in Residential Occupancies other than Single Family Vail has only had one fire in a single family residence where a fire sprinkler system had been installed. That particular fire occurred in a malfunctioning gas fireplace and was too small to activate the sprinkler head. The fire loss history in condos and hotel rooms that did have a fire sprinkler system present at the time of the fire, averaged a direct loss of $3000 per incident. Additional minor damage was attributed to water from the fire sprinkler system when the fire occurred on an upper floor. The maximum loss in a sprinklered building was $50,000 due to an arson fire where the window was broken and gasoline was thrown into the unit. However, in all cases where a fire sprinkler system activated in residential occupancies, the fire damage was limited to the "obj ect first ignited" (bed, couch, drapes, appliance, etc.) in the room of origin. No building was closed and adjacent rooms were able to be occupied the same day. National Study - Costs and Impact on Development The Fire Protection Research Foundation i issued a Final Report titled Home Fire Sprinkler Costs Assessment in September, 2008. The Executive Summary states in part: "Residential fire sprinkler ordinances have been adopted by several hundred United states communities for use in single family dwellings. Such systems have been shown to provide significant life safety benefits, however the installed cost i The Fire Protection Research Foundation, One Batterymarch Park, Quincy, MA, 02169, foundation(cr~nfpa.org, www.nfpa.org/foundation 10-5-3\n 2009 1NTERNATIONAL FIRE CODE COST 1MPACT ANALYSIS Page 4 of these systems remains as a point of uncertainty and a potential barrier to broader adoption.." "To obtain information on the costs of installing residential sprinkler systems, ten case study communities were selected: nine in the United States, and one in Canada." The study also states: In Colorado, annual homeowner's insurance premium discount percentages were obtained from State Farm, Farmers, American Family, Allstate, and Travelers. Discounts ranged from 3 to 10%. Penalties and Fees as a result of Fire Sprinkler Leakage are "treated the same as a regular household plumbing as far as coverage and pricing..." In a second study titled Comparative Analysis of Housing Cost and Supply Impacts of Sprinkler Ordinances at the Community Level, Final Report, June 2009, which evaluated among other factors, the impact of fire sprinkler ordinances on development potential, stated in summary: "VII. Conclusion The analysis of construction permit and survey data, interviews with builders, building industry trade groups, and local officials consistently indicated an absence of adverse impacts on housing supply and costs from the implementation of residential sprinkler requirements. Indeed, the data generally suggest that there were increases in housing supply that coincided with the times that requirements became effective, although that probably reflects the broader finding from this analysis-that sprinkler requirements were insignificant alongside much stronger influences, including other regulations and fees, growth in jobs and population, and the cost and availability of land, financing, materials, and labor." Property Values / Fire Damage A review of 12 single family structure fires occurring in Vail over the last eight years reveals the theoretical cost of a fire sprinkler system at $6.00 sq/ft. when compared to the valuation (Eagle County Assessors Office) is less than 1%. The review also indicates the cost of installing a fire sprinkler system averages less than 10% of the actual fire damage. 10-5-4\n VAIL FIRE & EMERGENCY SERVICES CRITERIA FOR REQUIREMENTS TO INSTALL FIRE SPRINKLER SYSTEMS The following criteria shall be used in determining whether a fire sprinkler system will be required to be installed in single family / duplex residences for which a Building Permit is required. Fire sprinkler systems shall not be required for existing single family / duplex residences where no Building Permit is required. Exemptions: Work including but not limited to the following is EXEMPT from any requirement to install a new fire sprinkler system. Work in structures with an existing fire sprinkler system will require the fire sprinkler system be altered, amended, added to or reconfigured to meet the minimum code requirements. Exempt: 1 Exterior Modifications. 2. Remodel of interior space that does not include removal of ceilings. 3. Re-configuration of existing interior space that includes removal of ceilings, less than 60% the existing GRFA.. 4. Addition of dormers, 5. Conversion of crawl spaces to habitable space, 6. Replacement of doors and windows and what is reasonably considered trim. 7. The addition of new habitable space less than 25% of the existing GRFA. 8. Mechanical, plumbing and electrical permits. NOTE: Due to the unique environment, inherent limitations on building sites, topography, climatic conditions, existing vehicular access, and other elements beyond the control of the applicant, due regard shall be given for existing but non-conforming conditions. Redevelopment, remodels, improvements, and changes to existing structures that do not result in an increase in the fire and/or occupant load, may propose alternate means and methods to mitigate the impact of the proposed work. Alternate means and methods to mitigate the impact of proposed work shall be submitted and reviewed on a"performance based design." 10-6-1\n New and Existing Single Family / Duplex Other Than Exempt Work Background: All seven of the requirements listed below are included in the body of the Fire Code in various sections. These code sections have existed in some format since about 1983. The cited sections form the foundation for the "matrix" Vail has used for more than 20 years. New single family / duplex construction and existing single family / duplex construction other than that listed under the Exempt Category shall be evaluated according to the following process: 1. Evaluate site plan to determine if the exterior perimeter is in excess of 300 ft. IFC 503.1.1 If YES, sprinkler system is required. 2 If the structure perimeter is less than or equal to 300 ft., does the site provide for year round access by foot? IFC 5041 If NO, sprinkler system is required. 3.. Does the driveway between the staging area and the ROW comply with TOV Municipal Code Driveway Standards as set forth in Chapter 3, Title 14, Tables 1, 2 and 3? If NO, sprinkler system is required. 4. Determine whether the point of fire apparatus access meets minimum staging requirements per TOV Municipal Code 14-4-1. Does fire department access and staging meet the minimum requirements of 14-4-1? If NO, sprinkler system is required. 5. Fire Flow - Does the site have adequate fire flow from a public water supply as prescribed by the Fire Code, from a minimum of two fire hydrants within 500 ft of approved fire apparatus staging? IFC 507.1 If NO, sprinkler system is required. 6. Urban Wildfire Interface - Does the structure meet the minimum requirements for the Urban Wildfire Interface Code? TOV Municipal Code 5-11 If NO, sprinkler system is required. 7. Direct Attack Option: Structures 2 Stories or Less - Are all portions of the interior within 30 feet "line of sight" of a maximum of 150 foot route of an approved hose lay and have an approved monitored addressable fire alarm and detection system? IFC 904 If NO, sprinkler system is required. 10-6-2\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: First Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. PRESENTER(S): Warren Campbell / Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the first reading of of Ordinance No. 20, Series of 2009. BACKGROUND: On September 14, 2009, the Planning and Environmental Commission unanimously recommended approval of a major amendment to SDD No. 39, Crossroads, to increase the number of dwelling units from 78 to 79 dwelling units. This increase in the number of dwelling units was accomplished by converting an existing common space within the structure. There was no increase in GRFA or reduction in commercial floor area associated with this change. The memorandum to the Planning and Environmental Commission dated September 14, 2009, is attached for reference. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, Ordinance No. 20, Series of 2009, on first reading, ATTACHMENTS: Town Council Memo Draft Ordinance No. 20, Series of 2009 PEC Memoroandum September 14, 2009 Floor Plans Attachment to PEC Memorandum MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 6, 2009 SUBJECT: First reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, and setting forth details in regard thereto. Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a first reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, amending Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 78 to 79 units. The additional unit is proposed to be created from an existing common area space (meeting room for stafo and measures 926 square feet. There is no reduction in commercial floor area or an increase in Gross Residential Floor Area associated with this application. Staff has attached a copy of the draft Ordinance No. 20, Series of 2009, (Attachment A) and the staff inemorandum to the Planning and Environmental Commission dated September 14, 2009 (Attachment B). II. BACKGROUND On June 2, 2009, The Town Council approved Ordinance No. 7, Series of 2009, on second reading by a vote of 4-3-0 (Cleveland, Foley, Daly opposed), which increased the number of dwelling units from 77 to 78 units through the conversion of a commercial space. On September 14, 2009, the Planning and Environmental Commission unanimously forwarded a recommendation of approval on the adoption of Ordinance No. 20, Series of 2009, which proposes to increase the number of dwelling units from 78 to 79 units. III. ACTION REQUESTED OF COUNCIL The Vail Town Council shall approve, approve with modifications, or deny the first reading of Ordinance No. 20, Series of 2009. 1 11-1-1\n IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on first reading, Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 78 to 79 units, and setting forth details in regard thereto. Should the Town Council choose to approve these amendments, the Community Development Department recommends the Town Council pass the following motion: "The Town Council approves, on first reading, Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District No. 39, Crossroads, to increase the permitted number of dwelling units from 78 to 79 units, and setting forth details in regard thereto. " Should the Town Council choose to approve Ordinance No. 20, Series of 2009, on first reading, the Community Development Department recommends the Town Council makes the following findings: "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. That the proposed gross residential floor area of 174.4% of lot area, additional thirty-two dwelling units over allowable (at 29.9 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the character of the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." V. ATTACHMENTS A. Ordinance No. 20, Series of 2009 B. Memorandum to the Planning and Environmental Commission dated September 14, 2009 2 11-1-2\n ORDINANCE NO. 20 Series of 2009 AN ORDINANCE REPEALING AND RE-ENACTING ORDINANCE NO. 5, SERIES OF 2006, ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 39, CROSSROADS, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING TITLE, TOWN CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9, Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for amending special development districts; and WHEREAS, Solaris Property Owner LLC, has submitted an application to the Town of Vail Community Development Department to amend Special Development District No. 39, Crossroads, to facilitate the redevelopment of an existing mixed use development; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 14, 2009, on the application to amend Special Development District No. 39, Crossroads, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the Planning and Environmental Commission of the Town of Vail found that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval, by a vote of 7-0-0 of this request for a major amendment to increase the maximum number of dwelling units from 78 to 79 for Special Development District No. 39, Crossroads, to the Vail Town Council; and WHEREAS, the Vail Town Council finds that the request to amend Special Development District No. 39, Crossroads, complies with the design criteria prescribed in the Title 12, Zoning Title, Town Code of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 20, Series of 2009, which repeals and re-enacts Ordinance No. 5, Series of 2006, which established Special Development District No. 39, Crossroads, in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 39, Crossroads, is established for development on two parcels of land, legally described as Lot P and A Part of Tract C, Block 5D, Vail Village Filing 1, which comprise a total of 115,129 square feet (2.643 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 39". Special Development District No. 39 shall be reflected as such on the Official Zoning Map of the Town of Vail. The Ordinance No. 20, Series 2009 ~ 11-2-1\n underlying zoning for Special Development District No. 39, Crossroads, shall be Commercial Service Center (CSC) District. Section 2. Special Development District No. 39, Crossroads, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 39, Crossroads, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 39, Crossroads, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Barnes Coy Architects and Davis Partnership Architects, entitled "Solaris", dated January 15, 2007, and stamped approved April 3, 2007 and amended pages dated August 10, 2009, and stamped approved October 20, 2009. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 39, Crossroads. The development standards for Special Development District No. 39, Crossroads, are described below: 1. A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 39, Crossroads, shall be those uses listed in Title 12, Chapter 7, Article E, Commercial Service Center zone district, Town Code of Vail, as may be amended from time to time. The approval of SDD No. 39 shall restrict the uses upon the plaza level tenant spaces to "retail/restauranY' uses solely and shall not be utilized for "professional offices, business offices, and studios" uses, as defined in Title 12. A professional office intended for real estate sales may be allowed on the plaza level of the building for a period of two years following the date of the issuance of a temporary certificate of occupancy or a final certificate of occupancy to allow for the sales of the on- site dwelling units and leasing of commercial spaces. No space noted as retail/restaurant space on the Approved Development Plan shall be converted to a dwelling unit. B. Lot Area: The minimum lot area for Special Development District No. 39, Crossroads, shall be 115,129 square feet (2.643 acres). C. Setbacks: The minimum setbacks for Special Development District No. 39, Crossroads, shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 39, Crossroads shall be ninety-nine and nine tenths feet (99.9'), and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Ordinance No. 20, Series 2009 2 11 -2-2\n E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 39, Crossroads, shall be 200,858 square feet and the maximum allowable density shall be seventy- nine (79) dwelling units, as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. F. Site Coverage: The maximum allowable site coverage shall be ninety-three and six tenths percent (93.6%) or 107,772 square feet of the total lot area, and as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least twenty percent (20%) of the total site shall be landscaped. The minimum width and length of any area qualifying as landscaping shall be fifteen (15) feet with a minimum area of not less than three hundred (300) square feet. The landscaping and site development shall be as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. H. Parking and Loading: Off street parking and loading shall be provided in accordance with title 12-10 of the Vail Town Code. At least one-half (1/2) of the required parking shall be located within the main building or buildings. The minimum number of loading and delivery bays shall be five (5), as indicated on the Crossroads Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The following conditions of approval shall become part of the Town's approval of the establishment of Special Development District No. 39, Crossroads: The Developer shall address the following conditions of approval prior to appearing before the Vail Town Council for second reading of an adopting ordinance forthe establishment of Special Development District No. 39, Crossroads: 1. The Developer shall prepare an amended written agreement, for Town Council review and approval, outlining the responsibilities and requirements of the required offsite improvements, as indicated on the proposed Approved Development Plan. This agreement shall include, but not be limited to, all streetscape improvements along Village Center Road and East Meadow Drive, public access to the plaza for pedestrians and Town sponsored events, which may include the establishment of an easement on the plaza and language in the covenants and declarations for owners of property in the project regarding the use of the plaza for special events, inclusion of the loading and delivery facility in the overall loading and delivery system, payment of traffic impact fees and credits given to offset fee, and details for funding public art. The Developer shall address the following conditions of approval prior to submitting a building permit application (a grading permit/excavation permit shall constitute a building permit); 1. The Developer shall submit a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval Ordinance No. 20, Series 2009 3 11 -2-3\n of the Design Review Board, prior to submittal of an application for a building permit. 2. The Developer shall submit a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the submittal of a building permit application. All rooftop mechanical equipment shall be incorporated into the overall design of the structure and enclosed and visually screened from public view. 3. The Developer shall receive all the required permits from the Colorado Department of Transportation (CDOT) prior to submitting for a building permit. Failure to receive the appropriate permits to access the South Frontage Road per the Approved Development Plan will require the project to return through the special development district review process. 4. The Developer shall comply with the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated January 16, 2006, prior to submitting an application to the Town of Vail Community Department for the issuance of a building permit for this project. 5. The Developer shall submit a written letter agreeing to install a public safety radio communications system within the subterranean parking structure which meets the specifications of the Town of Vail Communications Center. The specifications and details of this system shall be submitted to staff for review and approval with the application for a building permit. 6. The Developer shall submit a fire and life safety plan for review and approval by the Town of Vail Fire Department in conjunction with the building permit submittal. The Developer shall address the following conditions of approval prior to release of a full building permit, requesting a temporary certificate of occupancy, or a final certificate of occupancy; 1. The Developer shall submit a comprehensive sign program for review and approval by the Design Review Board, prior to requesting a temporary certificate of occupancy, or a final certificate of occupancy. 2. The Developer shall be assessed a traffic impact fee of $6,500 per net trip increase in p.m. traffic. The traffic and trip generation report prepared by Fox Higgins Transportation Group dated June 2007, that specifically addresses the change in number of condominium units from 75 to 77, states that the net peak increase is 81 trips, 13 more trips than in the original approved traffic study dated November 2005. Since the usage of the commercial space is still in flux the Public Works Department will require that a new study be performed prior to the issuance of a full building permit to address the traffic generation created by the specific tenants that will lease the commercial/retail space within the project. This change may cause the trip generation to increase. The applicant shall be responsible for mitigating the number of net peak trip increases depicted in the revised study. This impact fee shall not be offset by any public improvements and shall be paid prior to requesting a temporary certificate of occupancy or certificate of occupancy. Ordinance No. 20, Series 2009 4 11 -2-4\n 3. The Developer shall post a bond to provide financial security for 125% of the total cost of the required off-site public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed streetscape improvements. 4. The Developer shall commence initial construction of the Crossroads improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 39, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. 5. Employee Housing: Crossroads shall furnish deed restricted employee housing sufficient to accommodate 22 occupants by executing appropriate restrictive covenant(s) on form(s) provided by the Town. Any dwelling unit(s) restricted shall conform to the following floor area requirements: a one-bedroom unit shall contain at least 550 sq. ft. of floor area and accommodate no more than 2 occupants; a two- bedroom unit shall contain at least 850 sq. ft. of floor area and accommodate no more than 3 occupants; a three-bedroom unit shall contain at least 1,350 sq. ft. of floor area and accommodate no more than 4 occupants; and a four-bedroom unit shall contain at least 1,500 sq. ft. of floor area and accommodate no more that 5 occupants. The Town may approve minor variations in floor area when the overall intent of the floor area requirements is being met. Any deed restriction shall be for property located within the Town. Such deed restriction(s) shall be executed and provided to the Town for recording and restricted unit(s) shall be available for occupancy prior to the issuance of a temporary certificate of occupancy for the Crossroads Project or any phase thereof. Any deed restricted employee housing unit shall comply with the standards and procedures established by the Town Zoning Regulations. 6. The approval of SDD No. 39, Crossroads, shall restrict the uses upon the plaza level tenant spaces to retail uses solely and shall not be utilized for professional offices, business offices, and studios. The second floor retail space may be utilized for any allowable or conditional use as listed in the Commercial Service Center Zone District. No space noted as retail space on the Approved Development Plan shall be converted to a residential dwelling unit. Temporary real estate sales offices may be allowed on the plaza level of retail during the first two years following the issuance of a certificate of occupancy in order to allow effective sales of dwelling units on-site. Section 5. 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 Vail 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. 20, Series 2009 cJ 11 -2-5\n Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 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 8. 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October 2009, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 20, Series 2009 6 11 -2-6\n MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 2009 SUBJECT: A request for a final recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9A, Special Development District, Vail Town Code, to allow for an additional dwelling unit; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. (PEC090026) Applicant: Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC Planner: Warren Campbell 1. SUMMARY The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 78 units to 79 units; located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Upon review of the applicable elements of the Town's planning documents and adopted criteria for review, the Community Development Department is recommending the Planning and Environmental Commission forwards a recommendation of approval, with conditions of the applicant's request for a major amendment to Special Development District (SDD) No. 39, Crossroads, to the Vail Town Council. A complete summary of our review is provided in Section VIII of this memorandum. II. DESCRIPTION OF THE REQUEST The applicant is requesting a recommendation to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 78 units to 79 units. The key element of the proposed major amendment to SDD No. 39, Crossroads, include: • An increase in the number of dwelling units from 78 to 79, resulting in no increase in Gross Residential Floor Area (GRFA). A proposed deviation from the allowable number of dwelling units (47) which is 32 dwelling units greater. The proposed new unit will replace the "support area" for staff depicted on the Approved Level 3 floor plan behind the front desk service area. Support areas for staff have been relocated to other areas of the Approved Promenade Level and the Proposed Level 3, which are shown in blue. The proposed new unit measures 926 square feet and will be a one bedroom with one full bathroom. 1 11-3-1\n The conversion of this space from common area to a dwelling unit does not result in an increase in the GRFA on the site due to the loss of GRFA throughout the building as structural and mechanical systems were fully designed to meet all Code requirements. These areas where GRFA was lost are shown in red on each of the floor plans. There was a total of 1,076 square feet of GRFA lost throughout the structure as wall widths increased, mechanical chases were designed, and other Code compliance was achieved. Therefore the conversion of the "support area" does not result in additional GRFA as approved within the SDD. A copy of the text detailing the application entitled Solaris: Application for a Maior Amendment to Special Development District No, 39, Solaris, to allow for an increase from 78 to 79 dwellinq units dated August 10, 2009, (Attachment A) and a reduced copy of the floor plans and elevations dated August 10, 2009, (Attachment B) have been attached for reference. A copy of draft Ordinance No. 20, Series of 2009, containing recommended conditions is attached for reference (Attachment C). Pursuant to Section 12-9A-9, Development Standards, Vail Town Code, the applicant is requesting a major amendment to the SDD No. 39, Crossroads, to request changes in the deviation from the prescribed development standards for density (number of units). III. BACKGROUND • On January 23, 2006, the Planning and Environmental Commission voted 5-2-0 (Viele and Lamb opposed) to forward a recommendation of approval of SDD No. 39, Crossroads, to the Vail Town Council. The Planning and Environmental Commission voted 7-0-0 to approve the conditional use permits for a major arcade; a theater; meeting rooms, and convention facilities; multiple-family dwellings; a private club (parking club); a bowling alley; and the outdoor operation of an accessory use (ice skating rink). • On March 21, 2006, the Town Council on second reading of Ordinance No. 5, Series of 2006, voted 4-3-0 (Slifer, Foley, and Logan opposed) to approve the adoption of SDD No. 39, Crossroads. • On April 3, 2007, the Town Council approved Ordinance No. 10, Series of 2007, increasing the permitted number of dwelling units from 69 to 75 dwelling units. This ordinance also increased the number of employee beds to be provided from 12 to 22 beds. • On August 7, 2007, the Town Council approved Ordinance No. 21, Series of 2007, increasing the number of permitted dwelling units from 75 to 77 dwelling units. • On October 2, 2007, the Town Council adopted Resolution No. 22, Series of 2007, which established the managed parking plan for Solaris. • On November 24, 2008, and January 12, 2009, the Planning and Environmental Commission upheld separate staff approved Minor Amendments to the SDD increasing the commercial square footage of the project by approximately 700 square feet. • On March 9, 2009, the Planning and Environmental Commission forwarded a recommendation of approval to the Town Council by a vote of 6-1-0 (Pierce opposed) to • Increase in the number of dwelling units from 77 to 78. A proposed deviation from the allowable number of dwelling units (47) which is 31 dwelling units greater; 2 11 -3-2\n • Increase in the proposed Gross Residential Floor Area (GRFA) from 198,859 square feet to 200,858 square feet. A proposed deviation from the allowable amount of GRFA (45,080 sq. ft.) which is 155,778 sq. ft. greater; and • Decrease in the approved commercial, 34,536 square feet, by 1,999 square feet to 32,537 square feet. • On June 2, 2009, the Town Council approved the second reading of Ordinance No.7, Series of 2009, adopting the changes recommended by the Planning and Environmental Commission by a vote of 4-3-0 (Cleveland, Foley, Daly opposed) IV. ROLES OF REVIEWING BOARDS Planninq and Environmental Commission: The PEC shall review the proposal for and make a recommendation to the Town Council based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. Town Council: The Town Council takes into consideration the PEC's recommendation when reviewing an application for a special development district and is responsible for final approval/denial of an SDD. The Town Council shall review the proposal and approve/approve with conditions/deny the application based upon the findings made on the criteria located in Chapter 12-9A, Special Development District, Vail Town Code. V. APPLICABLE PLANNING DOCUMENTS Vail Villaqe Master Plan The Vail Village Master Plan is based on the premise that the Village can be planned and designed as a whole. It is intended to guide the Town in developing land use laws and policies for coordinating development by the public and private sectors in Vail Village and in implementing community goals for public improvements. It is intended to result in ordinances and policies that will preserve and improve the unified and attractive appearance of Vail Village. Most importantly, this Master Plan shall serve as a guide to the staff, review boards, and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. Furthermore, the Master Plan provides a clearly stated set of goals and objectives outlining how the Village will grow in the future. The Vail Village Master Plan is intended to serve as a guide to the staff, review boards and Town Council in analyzing future proposals for development in Vail Village and in legislating effective ordinances to deal with such development. The most significant elements of the Master Plan are the goals, objectives, policies and action steps. They are the working tools of the Master Plan. They establish the broad framework and vision, but also layout the specific policies and action steps that will be used to implement the Plan. 3 11 -3-3\n As noted on page 35 of the Master Plan, "It is important to note that the likelihood of project approval will be greatest for those proposals that can fully comply with the Vail Village Master Plan." Staff believes this statement re-emphasizes that the Master Plan is a general document providing advisory guidelines to aid the Town in analyzing development proposals and that full compliance is not required in order for a project to be approved. The stated goals of the Vail Village Master Plan which staff believes are applicable to this application appear in Section VIII under staff's assessment of Criterion D. Specific Sub- Area Details found in the Vail Village Master Plan Mixed Use Sub Area (#1) The Mixed-Use sub-area is a prominent activity center for Vail Village. It is distinguished from the Village core by the larger sca/e buildings and by the limited auto traffic along East Meadow Drive. Comprised of five major development projects, this sub-area is characterized by a mixture of residential/lodging and commercial activity. There is a great deal of potential forimprovements to both public and private facilities in the area. Among these is the opportunity to develop gateway entries to the Village at the 4-way stop and at the intersection of Vail Road and Meadow Drive. It is a/so a long term goa/ to strengthen the connection between this area and the Village core area by reinforcing the established pedestrian linkages. Pedestrianization in this area may benefit from the development of retail infill with associated pedestrian improvements along East Meadow Drive and the development of public access to Gore Creek. A significant increase in the Village's overnight bed base will occur in this sub-area with the development of the final phase of the Vail Village Inn project. In addition, commercial and residential/lodging development potential is identified in sub-area concepts 3, 4, 6, and 8. The completion of these projects will essentially /eave the sub-area "built ouY' #1-6 Crossroads Infill Commercial infill over new underground parking lot in conjunction with a large public plaza with greenspace area (existing and new parking demand to be provided on site). While configuration ofinfill maybe done a numberof ways, it is the overall intent to replace existing surface parking with pedestrian corridors into a commercial area, as well as to provide a strong building edge on Meadow Drive and streetscape improvements. Improvements of the planted buffer adjacent to the Frontage Road is a/so important. Relocation of the loading and delivery functions and entry to parking structure is strongly encouraged to reduce traffic on Meadow Drive. Potential to improve fire access a/so exists in the redevelopment scheme. Special emphasis on 2.4, 2.5, 2.6, 3.1, 4.1, 5.1, 6.1, and 6.2. 4 11 -3-4\n Town of Vail Zoninq Requlations Article E. Commercial Service Center (CSC) District (in part) 12-7E-1: Purpose: The Commercial Service Center District is intended to provide sites for general shopping and commercial facilities serving the Town, together with limited multiple-family dwellinq and lodqe uses as may be appropriate without interferinq with the basic commercial functions of the District. The Commercial Service Center District is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted types of buildings and uses, and to maintain a convenient shopping center environment for permitted commercial uses. VI. ZONING ANALYSIS According to the application information provided by the applicant, staff has performed an analysis of the proposal in relation to the requirements of the Vail Code. The deviations to the prescribed development standards that are currently approved are shown in bold text in the table below. The parameters that would change in conjunction with this major amendment request are shown in bold ifalics. Development Standard Allowed Proposed Lot Area: 20,000 sq. ft. 115,129 sq. ft. (2.643 acres) Buildable Area: 115,129 sq. ft. Setbacks: Front (Frontage Road): 20' 0' to 19' West Side: 20' 2' (loading dock) to 25' East Side: 20' 0' to 25' Front (Meadow Drive): 20' 0' to 150' Building Height: 38' 99.9 ft. Density: 18 units/acre 29.9 units /acre 47.5 D.U.s 79 D.U.s GRFA: 46,051.6 sq. ft. 200,858 sq. ft. (40%) (174.4%) Site Coverage: 86,346.8 sq. ft. 107,772 sq. ft. (75%) (93.6%) Landscape Area: Total 23,025.8 sq. ft. 43,316 sq. ft. (20% total site) (37.6% total site) Minimum Softscape of total permitted 18,420.6 sq. ft. 13,433 sq. ft. (80%) (31.0%) Maximum Hardscape of total permitted 4,605.1 sq. ft. 29,078 sq. ft. (20%) (67.1 5 11 -3-5\n Parking: 218 spaces 304 spaces (81 spaces approved to be in private parking club and 5 surplus public spaces) VII. SURROUNDING LAND USES AND ZONING Land Use Zoninq North: CDOT ROW None South: Mixed Use Commercial Core II District/Public Accommodation East: Public Parking General Use District West: Mixed Use SDD No. 6 VIII. THE SPECIAL DEVELOPMENT DISTRICT MAJOR AMENDMENT REVIEW PROCESS Chapter 12-9 of the Town Code provides for the review of a major amendment to an established special development districts in the Town of Vail. According to Section 12-9A-1, the purpose of a special development district is, "To encourage flexibility and creativity in the development of land, in order to promote its most appropriate use; to improve the design characterand quality of the new development within the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goa/s of the community as stated in the Vail Comprehensive Plan. An approved development plan for a Special Development District, in conjunction with the property's underlying zone district, shall establish the requirements forguiding development and uses of property included in the Special Development District." The Town Code provides nine design criteria which shall be used in evaluating the merits of a major amendment to an established SDD. It shall be the burden of the applicant to demonstrate that submittal material and the proposed development plan complywith each of the following standards, or demonstrate that one or more of them is not applicable, or that a practical solution consistent with the public interest has been achieved. The following is a staff analysis of the project's compliance with the nine SDD review criteria: A. Consideration of Factors Reqardinq Special Development Districts: A. Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the architectural design, scale, bulk, building height, buffer zones, identity, character, visual integrity and orientation of the approved structure staff has not included the discussion on these review points. As stated previously the major amendment proposes to increase the number of dwelling units from 78 to 79 and includes no change to the approved GRFA. These 6 11 -3-6\n changes are accomplished within the approved bulk, mass, and height of the structure. There are no changes to the approved heights and setbacks of the structure. Staff believes the proposed amendments comply with this criterion. B. Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail, the uses, activity, and density of the redeveloped Crossroads site and its compatibility to surrounding uses and activity. In that analysis Staff showed howthe GRFA being proposed within the project was less than possible development potential of the public plaza area in relation to the recommendations of the Vail Village Master Plan on height and density. The proposal is to increase the number of dwelling units by one with no increase in GRFA due to the offset crated by the progression of the structural and mechanical system design. As this proposal is to convert 926 square feet of staff "support area" within the approved bulk and mass, Staff does not believe there is a negative impact to the surrounding properties with regard to density on the Solaris project with this amendment. During the initial review of the Solaris project there was a great deal of discussion centered on the uses and location of those uses within the project. It was identified in this conversation that the primary purpose of the underlying zone district, Commercial Service Center, is to provided for commercial/retail development with "limited multiple-family dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions" The result of this conversation was an initial approval of 199,830 square feet of GRFA and 69 dwelling units with 5 attached accommodation units. While staff is supporting this request to convert 926 square feet of floor area to a condominium, there is a concern that the development has already increased by nine units and if this request were approved that would make it a 10 unit increase. If approved this would be a 14.4% increase over the initial approval. Staff believes that as this request is reviewed it should be viewed from a perspective of whether or not 79 units is appropriate for the site, not that it is just one additional unit. Employee Housinq Requirements As indicated in a number of the goals and objectives of the Town's Master Plans, providing affordable housing for employees is a critical issue which should be addressed through the planning process for SDD proposals. In reviewing the proposal presented to the Planning and Environmental Commission on January 23, 2006, for employee housing needs, staff relied on the Town of Vail Employee Housing Report. This report has been used by the staff in the past to evaluate employee housing needs. That analysis showed a net new generation of employees by the Crossroads project to be six (6) employee beds. In the most recent approval of Ordinance No. 21, Series of 2007, the Town Council required a total of 22 employee beds be provided off-site in conjunction with the Solaris project. The conversion of the proposed 926 square foot meeting space to residential does not generate an increase in the employee housing generation due to the allowable GRFA not being increased from the approved 200,858 square feet. Staff believes that the proposal does comply with this criterion. 7 11 -3-7\n C. Compliance with parking and loading requirements as outlined in Chapter 12-10 of the Vail Town Code. As indicated in the Zoning Analysis outlined in Section VI of this memorandum, the total number of required parking spaces for the Crossroads project is 218 spaces. The applicants are proposing to provide a total of 304 spaces, all of which are to be provided in the proposed underground parking structure. There are 87 additional parking spaces proposed to be constructed above and beyond that which is required. Of these additional parking spaces there are 81 proposed to be in a private parking club and the remaining five (5) the applicant is proposing will serve as additional public benefit. The applicant has not proposed any changes to the compliant loading and delivery facility associated with the project. Staff believes that the application complies with this criterion. D. Conformity with the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the applicable elements of the Vail Comprehensive Plan, Town policies and Urban Design Plan and how they applied to the Crossroads redevelopment. As this proposal for a major amendment will affect the number of dwelling units on the site staff will focus on this aspect of the proposal and its impact on this criterion. The goals contained in the Vail Land Use Plan are to be used as the Town's policy guidelines during the review process for the establishment of a special development district. Staff has reviewed the Vail Land Use Plan and believes the following goals and policies are relevant to the review of this major amendment to SDD No. 39, Crossroads, proposal: 1.0 General Growth/Development 1.1 Vail should continue to grow in a controlled environment, maintaining a balance between residential, commercial and recreational uses to serve both the visitor and the permanent resident. 1.12 Vail should accommodate most of the additional growth in existing developed areas (infill areas). 4.0 Village Core / Lionshead 4.2 Increased density in the Core areas is acceptable so long as the existing character of each area is preserved thorough implementation of the Urban Design Guide Plan. 4.3 The ambiance of Vail Village is important to the identity of Vail and should be preserved. (scale, alpine character, small town feeling, mountains, natural setting, intimate size, cosmopolitan feeling, environmental quality.) 8 11 -3-8\n 5.0 Residential 5.1 Additional residential growth should continue to occur primarily in existing, platted areas and as appropriate in new areas where high hazards do not exist. 5.3 Affordable employee housing should be made available through private efforts, assisted by limited incentives, provided by the Town of Vail with appropriate restrictions. 5.4 Residential growth should keep pace with the marketplace demands for a full range of housing types. 5.5 The existing employee housing base should be preserved and upgraded. Additional employee housing needs should be accommodated at varied sites throughout the community. Vail Villaqe Master Plan Staff believes that the following stated goals of the Vail Village Master Plan are applicable to this major amendment application: Goa/ #2: To foster a strong tourist industry and promote year-around economic health and viability for the Village and for the community as a whole. Objective 2.5: Encourage the continued upgrading, renovation and maintenance of existing lodging and commercial facilities to better serve the needs of our guests. Staff believes that the application complies with all the goals and objectives of the Vail Comprehensive plan. E. Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. According to the Official Town of Vail Geologic Hazard Maps, the Crossroads development site is not located in any geologically sensitive areas. Staff believes that the application complies with this criterion. F. Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the site plan, building design and location and open space provisions in great detail. As this proposal for a major amendment to SDD No. 39, Crossroads, does not include any changes to the site plan, building design and location and open space provisions of the approved structure staff has not included the discussion on these review points. 9 11 -3-9\n Staff believes the proposal complies with this criterion. G. A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the vehicular and pedestrian circulation both on-site and off-site. As the proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. H. Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and functions. In a memorandum to the Planning and Environmental Commission dated January 23, 2006, staff discussed in detail the landscaping and open spaces included in the Crossroads redevelopment. Furthermore the Design review Board provided their input on the refinement of these spaces. As this proposed major amendment does not affect these elements staff believes the proposal continues to comply with this criterion. 1. Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. The applicant is proposing to construct the project in one phase and a subdivision of the property will be necessary to facilitate the development of the Crossroads project. IX. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forwards a recommendation of approval, with conditions, to the Vail Town Council on a proposed major amendment to Special Development District No. 39, Crossroads, pursuant to Article 12-9(A), Special Development District, Vail Town Code, to allow for an increase in the number of dwelling units from 78 units to 79 units, located at 141 and 143 Meadow Drive/Lot P, Block 5D, Vail Village Filing 1. Staff's recommendation is based upon a review of the criteria and findings as outlined in this memorandum and from the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval, with conditions of the applicants' request, staff recommends that the following findings be made as part of the motion: Special Development District No. 39, Crossroads "That the proposal to amend Special Development District No. 39, Crossroads, complies with the nine design criteria outlined in Section 12-9A-8 of the Vail Town Code. Furthermore, the applicant has demonstrated to the satisfaction of the Commission, based upon the testimony and evidence presented during the public hearing, that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided. Lastly, the Commission finds that the request is consistent with the development goa/s and objectives of the Town. 10 11-3-10\n That the proposed gross residential f/oorarea of 174.4 % of lot area, additional thirty- one dwelling units over allowable (at 29.9 units per acre total) in the Commercial Service Center zone district is in conformance with applicable elements of the Vail Comprehensive Master Plan. That the development is in compliance with the purposes of the Commercial Service Center zone district, that the proposal is consistent with applicable elements of the Vail Village Master Plan, the Vail Land Use Plan, and the Vail Streetscape Master Plan, and that the proposal does not otherwise have a significant negative effect on the characterof the neighborhood, and that the proposal substantially complies with other applicable elements of the Vail Comprehensive Plan." Should the Planning and Environmental Commission choose to recommend approval the applicant's request, staff recommends that the draft Ordinance No. 20, Series of 2009, containing conditions, be forward to the Town Council. X. ATTACHMENTS A. Application for a Maior Amendment to Special Development District No, 39, Solaris, to allow for an increase from 78 to 79 dwellinq units Dated August 10, 2009 B. Reduce plans of the proposal dated August 10, 2009 C. Draft of Ordinance No. 20, Series of 2009 11 11-3-11\n y4914" ~ Application for a Major Amendment to Special Development District No. 39, Solaris, to allow for an increase from 78 to 79 dvuelling units . --4 ~~~~j~R . _ 1 • . ~ - ~r s _ ~ - _ In ~ ~ Z y , 7 ! ~5 171 . . ,r , a . ~ : i'~~ 1 ~I 4 l ~ ~r * ~•T~~y ~ ~ > i ~_I~ ~ ~ _ ~ 4' ~ ` • ~ r~-i,~ , ~ h ~ f rj ~ ` ~ ' - ,y' . ~ I~~ '•yL ~ s', x ~ ~~~°ti'r~; . • I , i Submitted August 10, 2009 ~ I Mauriello Planning Croup 11 -3-12\n I. Introduction We are requesting a major amendment to Special Development District No. 39, Solaris, to allow for the addition of a dwelling unit, increasing the total number of dwelling units from 78 to 79 dwelling units. The dwelling unit is being added at the lobby level in a space that was previously considered support ofFice for the project. There is adequate parking for this use. This change has occurred as a result of continuing refinement to the project throughout the construction process. A large storage area has been created in the loading dock area. Storage was previously accommodated in areas adjacent to the lobby. Freeing up the storage space adjacent to the lobby allows for these areas to become much more functional ofFice spaces. The space that is being converted to a unit was located inconveniently - physically separated from the lobby - and required access to occur by entering the residential hallway. (See plans below, a full-sized set has been submitted with this application). Existing: fo"' - c 1=0i. 6 . rw. ~ . . .rrer c) ~ ~ ~ ~ ~ ➢ ~ ~ ° ~ , , . II Cl - . i ru ~ LJ _ - 0 G~ ~ B R [7 ~ ~o 0 0 0 - Q"' . . - / -haM uMrm ~urnr sr :MIT1P! .t ~I - I: ~ r~r ~rd O APf'RbVED LEVEL 3 ll'lVLL~ "i~-i'' hi . u1~7 14 .~Lp4 SO'ld"b Major Amendment 1 11 -3-13\n Proposed: . • ~ai~N~, • r wn r,s. .,M, s~ . . ~ rEl 0 I - 0 a _ JI ` :„r 1 F ~ t1iiRSQ ~ ~ - op~ n # ~ Q ~ ' . 0 i . . ~ ~ , i ❑ 'y ~ ~ / IlNiaoF ~ _ J O JXIF 391 ~ \ ~ ' I - ~ C=) a,u,l• [1 F~ 6 PiiOPt] sEQ LEVEI 3 This application for an additional dwelling unit does not increase the allowable GRFA currently approved for the Solaris project. Changes to the interior of the building throughout the construction project have eliminated a total of 1,076 sq. ft. of GRFA from the total GRFA of existing units. Plans indicating where mechanical chases have been added and/or GRFA lost has been submitted with this application. As a result, this new unit consisting of 926 sq. ft. of GRFA will not increase the total approved GRFA of 200,858 sq. ft. In addition, there are no impacts to the bulk and mass of the building, and no modifications to the exterior of the building. The new unit is not subject to the Inclusionary Zoning regulations as no new GRFA is proposed. However, the new unit does require additional parking, which is available as there is excess parking in the project. A new parking analysis has been provided. II. Background On January 23, 2006, the Planning and Environmental Commission recommended approval of Special Development District No. 39, Solaris. In addition, conditional use permits were also approved for a major arcade, a movie theater, meeting rooms and convention facilities, a private club, a bowling alley, and an ice rink. In March of 2009, the Town Council voted to approve the adoption of Ordinance 5, Series of 2006, approving the SDD and development plan for Solaris. Various amendments to Special Development District No. 39, Solaris, have been approved following its original adoption. Most recently, Ordinance No. 7, Series of 2009, was SO'ld'tb Major Amendment 2 11 -3-14\n approved by the Town Council, allowing for the conversion of a commercial space on the promenade level to a residential dwelling unit. The current approval allows for 200,858 sq. ft. of GRFA, and a total of 32,537 sq. ft. of net commercial floor area. This application does not increase the allowable GRFA, but results in a total of 79 dwelling units. There are no other changes associated with this amendment application. This application increases the total number of dwelling units from the currently approved 78 dwelling units up to a total of 79 dwelling units. The total lot size of Solaris is 2.643 acres, and the additional dwelling unit increases the density of the project from 29.51 dwelling units per acre to 29.89 dwelling units per acre. The proposed unit is a one-bedroom, one-bath unit, of approximately 926 sq. ft. As the building has progressed, this space is no longer necessary for this function. III. Parking Analysis Solaris will meet and actually exceed the parking requirement as provided by the Town of Vail Zoning Regulations. As currently proposed, 304 parking spaces are provided, while only 218 spaces are required for the uses on-site. The parking club still consists of 81 spaces (no change from the previous approval) and there are 5 excess parking spaces remaining. A complete parking analysis is provided below: Use Number of Code Ratios Total Units / Sq. Ft. Dwelling Units 79 1.4 110.600 Retail 32,537 0.0023 74.835 Theater Seating 3,059 0.006060606 18.539 Restaurant Seating 5,611 0.004 22.444 Bowling 1,170 0.0023 2.691 Total 229.109 5% Reduction 11.455 Net Required Parking 218 Parking Provided 304 Parking Club Provided 81 Excess Parking 5 S"Id"b Major Amendment 3 11 -3-15\n IV. Employee Housing Plan Because there is no increase in the GRFA, the requirement for employee housing based on Chapter 24, Inclusionary Zoning, does not apply to this application. V. Special Development District - Standards and Criteria "The purpose of the special development district is to encourage flexibility and creativity in the development of land in order to promote its most appropriate use; to improve the design character and quality of the new development with the Town; to facilitate the adequate and economical provision of streets and utilities; to preserve the natural and scenic features of open space areas; and to further the overall goals of the community as stated in the 1/ail comprehensive plan:" The following design criteria are used by the Town in the evaluation of a Special Development District. The proposed Solaris redevelopment plan adequately addresses each of these criteria. Below is a summary of how the project implements each of these criteria. A. Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood and adjacent properties relative to architectural design, scale, bulk, building height, bufFer zones, identity, character, visual integrity and orientation. Our Analvsis: There are no changes to the design of the proposed building as a result of this proposal. The proposed Solaris redevelopment plan was designed to be compatible with the mountain environment and the new trends in alpine architecture. While the site is not located in the area regulated by the Vail Village Urban Design Guide Plan, most of the recommendations and goals of that plan are implemented by the proposed development plan. The site is located on the periphery of the village adjacent to the South Frontage Road. The Vail Village Master Plan recommends taller buildings be concentrated along the Frontage Road and step down toward the village core. The proposed structures follow this guideline. The site is also being redeveloped in the context of recent approvals made by the Town on adjacent sites. The Vail Plaza Hotel and the Four Season projects have both been approved following the same general concept of taller buildings along the Frontage Road. However, the Crossroads project, unlike the other two, focuses more of the building bulk and mass along the Frontage Road in order to maintain a large public plaza (1/2-acre in area) along the south side of the site. The proposed plan provides generous setbacks to adjacent development located to the west of the site and the buildings are oriented to help maintain views in the area. The building was also designed to appear as several building forms. The roof ridges were turned north south to prevent a long continuous roof ridge running east west across the site which has been fairly common on other redevelopment projects. There are no major flat roofs proposed on this structure. S"Id'tb Major Amendment 4 11 -3-16\n The materials are of the highest quality and include Telluride Gold stacked stone, strip sandstone (laid on side), wood-like siding, dark zinc roof and siding elements, timber arches and bracing, rolled logs, heavy deck rails, planter boxes, and proportional glazing. The proposed materials are such high quality that maintenance is minimally required. The building was designed to stand the test of time and to respond to the Rocky Mountain climate and harsh conditions. B. Relationship: Uses, activity and density which provide a compatible, efficient and workable relationship with surrounding uses and activity. Our Analvsis: The Vail Village Master Plan recognizes this area of Town as mixed-use commercial and high density residential. The proposed redevelopment plan responds to the uses already developed in the neighborhood and also provides a high quality mix of uses along East Meadow Drive. The proposed amendment does not change this vibrancy along East Meadow Drive. C. Parking and Loading: Compliance with parking and loading requirements as outlined in Chapter 10 of this Title. Our Analvsis: The proposed redevelopment plan meets or exceeds all of the parking and loading standards found in Chapter 10 of the Zoning Regulations. Please refer to other sections of this report and the proposed development plan for details on parking and loading. In fact, a surplus of 5 spaces are being provided above and beyond the requirement for all uses on the site. D. Comprehensive Plan: Conformity with applicable elements of the Vail Comprehensive Plan, Town policies and urban design plans. Our Analvsis: The proposed Solaris redevelopment plan complies with all relevant master planning documents and Town policies. The plan also complies with relevant sections of the Urban Design Guide Plan; however, this plan is not applicable to this site. E. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or geologic hazards that affect the property on which the special development district is proposed. Our Analvsis: There are no natural or geologic hazards existing or mapped by the Town on the site. F. Design Features: Site plan, building design and location and open space provisions designed to produce a functional development responsive and sensitive to natural features, vegetation and overall aesthetic quality of the community. Our Analvsis: S"Id"b Major Amendment 5 11 -3-17\n There are no changes to the above-reference design features as a result of this proposal. The Solaris site has been developed for more than 30 years and therefore there are no natural features on the site and little in terms of vegetation. The proposed project was designed to reflect mountain alpine architecture, the alpine climate, and quality demanded by the Town. The project was also developed around the master plan direction and the community desire to extend a public plaza into the site. The proposed plan includes a large open plaza (nearly 20% of the area of the entire site). This 1/2-acre plaza will improve the Town's ability to accommodate outdoor gatherings and events. The proposed landscape plan introduces additional trees and vegetation in meaningful locations throughout the site to improve the aesthetics of the site and the surrounding area. G. Traffic: A circulation system designed for both vehicles and pedestrians addressing on and off-site traffic circulation. Our Analvsis: The proposed amendment has no impact on this criterion. The Solaris project has been designed to address three major issues within the Town: availability and adequacy of parking; pedestrian circulation and gathering; and loading and delivery. A long-standing goal of the Town is to remove loading and delivery entering the Solaris site through E. Meadow Drive and require access directly to the South Frontage Road. The proposed plan includes a new, enclosed loading dock facility that is accessed directly from the South Frontage Road. The loading facility includes five loading berths, the maximum required by the Town Code for a mixed-use facility. The loading dock also includes a trash facility for the project. The loading dock provides access to grade on the west side of the site to allow for use by merchants on adjacent sites. All of the parking for the site is accessed from Village Center Road. All of the parking is located below grade. The control gate for the site is located deep within the garage to prevent cars from stacking into Village Center Road. Cars exiting the facility cue within the parking structure, thus preventing any blocking of trafFic on Village Center Road. Additionally, there is a porte cochere along the South Frontage Road for residential guests arriving at the site. The porte cochere will provide temporary pick-up for guests and valet parking. A trafFic report is included in the Environmental Impact Report (EIR) for this project and, as agreed previously in the DIA, a new letter amending the analysis will be provided as the commercial uses are finalized. This report indicates that all roadways adjacent to the site have excess capacity upon completion of this redevelopment project. There is no need for major roadway improvements due to the trafFic generated for the proposed uses on-site. There is no vehicular access proposed to the East Meadow Drive frontage of the site. The pedestrian improvements associated with this site are extensive. Pedestrian access is provided on all adjacent roadways and between the VVI project and the Solaris site. The applicant is proposing a significant public plaza on the site that will allow for pedestrian trafFic and public gatherings. S"Id'tb Major Amendment 6 11 -3-18\n H. Landscaping: Functional and aesthetic landscaping and open space in order to optimize and preserve natural features, recreation, views and function. Our Analvsis: There are no changes to the landscaping as a result of this proposal. The Solaris project is currently developed with buildings, structured parking, and surface parking. There is very little existing landscaping on the property. The site is located within an urban setting which presents challenges in terms of providing landscape areas and materials. Retail, plaza areas and gathering places, and pedestrian walks all compete with landscape improvements. However, the proposed redevelopment plan for Solaris provides significant landscape materials in strategic locations which do not interfere with retail store fronts or needed gathering spaces. The proposed hardscape areas of the site provide an aesthetic quality not currently existing in the area. The proposed development plan and landscape plan optimize the site as a gathering space, a recreation complex, and as a place to sit and view the surrounding urban fabric. 1. Workable Plan: Phasing plan or subdivision plan that will maintain a workable, functional and efficient relationship throughout the development of the special development district. Our Analvsis: There are no changes to the phasing of this project as a result of the proposed major amendment. The project is proposed to be developed in one phase. S"Id"b Major Amendment 7 11 -3-19\n VI. Adjacent List of owners C/O FINANCE DEPT VILLAGE INN PLAZA-PHASE V AUSTRIA HAUS CONDO ASSOC INC 75 S FRONTAGE RD CONDOMINIUM 242 E MEADOW DR. VAIL, CO 81657 ASSOCIATION VAIL, CO 81657 100 EAST MEADOW DRIVE STE 31 HIBBERD, FRED, JR VAIL, CO 81657 ANN BISHOP 400 NW RIDGE RD VAIL VILLAGE INN PHASE III ASSOC JACKSON, WY 83001 VILLAGE INN PLAZA PO BOX 820 CONDOMINIUM VAIL, CO 81658 VAIL CORE CONDOMINIUM COLORADO REGISTRATION, INC. ASSOCIATION, INC. 880 HOMESTEAD DRIVE, NO. 25 CDOT VAILTAX & ACCOUNTING, INC. EDWARDS, CO 81632 4201 E. ARKANSAS AVENUE P O BOX 5940 DENVER, CO 80222 AVON, CO 81620 VILLAGE INN PLAZA-PHASE V CONDOMINIUM MAURIELLO PLANNING GROUP, VILLAGE CENTER ASSOCIATION ASSOCIATION LLC PO BOX 5968 COLORADO REGISTRATION, INC POST OFFICE BOX 1127 VAIL, CO 81658 880 HOMESTEAD DRIVE NO. 25 AVON, CO 81620 EDWARDS, CO 81632 VAIL DOVER ASSOCIATES LLC SOLARIS 4148 N ARCADIA DR VILLAGE INN PLAZA-PHASE V 2211 NORTH FRONTAGE ROAD, PHOENIX, AZ 85018 CONDOMINIUM SUITE A ASSOCIATION VAIL, CO 81657 TALISMAN CONDO ASSOC. COLORADO REGISTRATION, INC W. THOMAS SAALFELD PO BOX 666 62 E MEADOW DR VAIL, CO 81658 VAIL, CO 81657 VILLAGE INN PLAZA SONNENALP PROPERTIES INC CONDOMINIUM 20 VAIL RD ASSOCIATION VAIL, CO 81657 COLORADO REGISTRATION, INC. POST OFFICE BOX 666 VAIL VILLAGE PLAZA VAIL, CO 81658 CONDOMINIUM ASSOCIATION C/O ABPLANALP LAW OFFICE LLC, VAIL VILLAGE PLAZA POST OFFICE BOX 2800 CONDOMINIUM ASSOCIATION VAIL, CO 81658, UNITED STATES 143 E. MEADOW DRIVE NO. 360 C/O SLIFER MANAGEMENT CO VILLAGE INN PLAZA VAIL, CO 81657 CONDOMINIUM ASSOCIATION JOSEF STAUFER VAIL VILLAGE PLAZA 100 E MEADOW DR #31 CONDOMINIUM ASSOCIATION VAIL, CO 81657, UNITED STATES SALLY HANLON 385 GORE CREEK DRIVE- NO. R-2 VAIL, CO 81657 S"Id'tb Major Amendment 8 11 - 3 - 20\n Solaris Square Footage Lost Calculations 7.28.09 Unit Number Square Footage Lost Unit 307 73 Unit 308 57 Unit 309 14 Unit 401 26 Unit 402 54 Unit 406 73 Unit 409 13 Unit 411 10 Unit 414 3 Unit 415 73 Unit 416 77 Unit 501 72 Unit 505 73 Unit 508 10 Unit 514 47 Unit 515 19 Unit 605 73 Unit 607 10 Unit 613 47 Unit 614 19 Unit 704 Upper & Lower 146 Unit 705 28 Unit 706 12 Unit 711 47 Total: 1076 11 -3-21\n ~ e: p o. o 0 0 0 0 0_0 0 0, o o~ o 0 0 0 0 o~w. 11 0 0 ~ ~ ~ eo~oa o E °o o 0 0 o 0 0~ o 0 o~ o o ✓ o 0 0 03 0 0 0 0 0 o o ° o o ° o o a o a o~ ~m / o ~ o.. a o: o o ° ~m o ~ o 0 0 0 0 0~ ~ 0 0 0 0, o m om~=a 0 0 0 ~ o 0 0 0~ 0 o ~ o~ o 0 0 ~ a 0 0 0 0, o o ~ ~u ~P o / 0 0 o o" ~ o o a o 'o 0 o _ o G o o k o \ o~ e= o - 0 0 - 0 o. ~ ~ . 0 o. 03 0 0 ~A - o 0 0 0 0 ~ 0 0 0 ~ o m i o 0 0 „ o o: c C,) > Nm G)~ 0 01; E N ~ r O 0 ~2 ~a9 0 v r -'7 ~ ( ))v J ~ ~ od, 0 ~ _ - - ~ ~ - - - ~ ~ A. - ~ o, ~ 0. 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A mv_ ~ mmu, - ~ ~ rpo ti ~ El~ ED ~ o3 0 ~ - ~ae C ~I 2 ~ C UL3 ~ ~ z Z N o CD Ol ~ cl) ~ D r -0 ~ m m ~ m Q ~ ~ ❑ ~ N ii r C rcz m mv_ o ' o v rAm ~ ~ ° ~ -mn ~ mm. ~ ~ z ~ ~ y tn ~ C ~ ti 2 ~ I1 N I ' - ~ , ~E PM~ ; - - ~ ❑ o I~~ ou ~ i ~ CD ~ Hill ~ ° rrz ~ <`Zy 0 mo3 ~A° ~Ery I mm-~ r p j _ nn z L ~ c m~Z. . m m ~ V o~ rpo ~ o~ ~p I~ c Z 0 ~ on no 0 . : ~ ~❑l z y u_ El ~ z ~ mm~ - Ppw rfm Z w Ll y Q ~ V - ~ xs ~ °I m~~~ . moz W G ~~^o mmti , AA ~Am D n cC D m Ill ~ ~ cn~<a7 m 0 ° v ITI o ~ ~ ~ c - - Cti Cv~ C v~ mmm z _ ~ rAo ~ -iP ~ ~ ❑ 0 ~ m ~ Mvz P ;mu ~ o 0 ~ mvc 3 0 0 _ ~ r I ❑ ~ ~ ~c ~ [Ej❑~ m ~ C ~ p? ~D~I' <o ~ a o m~ oLl I~ rcZ . ~OD _ m A W oaw ~ i 0 J W ~ ~ I......... ug rC °E:l 0~~ C D c m Ill ~ co I, C ;a _ o ~ m O - ` N I I G o; oo m ~j. / ~ v~ << ❑ > , 4 ~ z i' m ~ c v v m A _ ' Cy C 0 ~ { " = OI✓-'.^, ~Dr~ - o c m Ill o ~ m O - N II G 0 / *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Ordinance No. 21, Series of 2009, An Ordinance Amending Ordinance No. 15, Series of 2009, Defining Electronic Personal Assistive Mobility Device ("EPAMD"); Establshing 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: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2009, on first reading. BACKGROUND: On September 15, 2009 Town Council directed staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance Expiration for an additiional year to October 5, 2010 and by adding new section requiring EPMAD's to have audible warning safety equipement installed. STAFF RECOMMENDATION: Approve, approve with modifications, or deny Ordinance No. 21, Series of 2009, on first reading. ATTACHMENTS: Ordinance No. 21, Series of 2009 ORDINANCE NO. 21 SERIES OF 2009 AN ORDINANCE AMENDING ORDINANCE NO. 15 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, On September 15, 2009 the Council directed the staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision and Ordinance Expiration for an additional year to October 5, 2010 and by adding a new section requiring EPMAD's to have audible warning safety equipment installed; 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 Ordinance No. 21, Series of 2009 12-1-1\n be subject to the provisions and regulations concerning bicycles contained in the Model Traffic Code, as adopted by the Town of Vail. 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) Vail Nature Center (2) Betty Ford Alpine Garden (3) Village Streamwalk (currently pedestrian only) (4) All children's playgrounds (5) All turf areas (6) All natural/unimproved areas 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 be 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. EXCEPTIONS The provisions of this section limiting the use of EPAMDs do not apply to an EPAMD when that devise is operated by a person with a mobility impairment caused by physical disability who uses the device to enhance that person's mobility. Section 9. SUNSET PROVISION AND ORDINANCE EXPIRATION This Ordinance, and the rights granted by this Ordinance, shall expire on Sepzernber 30-, 2999 October 5, 2010. Section 10. REQUIRED SAFETY EQUIPMENT All EPAMD's operated within the Town of Vail must be equipped with an audible warning device. Section 11. 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 Ordinance No. 21, Series of 2009 12-1-2\n would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. 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 13. 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 6th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 20th day of October, 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. 21, Series of 2009 12-1-3\n *il VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 6, 2009 ITEM/TOPIC: Resolution No. 23, Series 2009: Approval of Vail Local Marketing District's 2010 Operating Plan and Budget. PRESENTER(S): Kelli McDonald / Kathleen Hallaron ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Resolution No. 23, Series 2009. BACKGROUND: Please see attached memo. STAFF RECOMMENDATION: Approve or approve with amendments Resolution No. 23, Series 2009, the 2010 Budget for the Vail Local Marketing District. ATTACHMENTS: 2010 VLMD Budget MEMORANDUM TO: Vail Town Council FROM: Kathleen Halloran, Kelli McDonald SUBJECT: Vail Local Marketing District 2010 Operating Plan and Budget DATE: October 6, 2009 1. BACKGROUND ON VLMD 2010 OPERATING PLAN AND BUDGET The mission of the Vail Local Marketing District (VLMD) is to market and promote Vail to attract overnight guests primarily during the May - October time frame, creating economic vitality by increasing both the visitor base and lodging sales tax revenues. The 2009 results to date have yielded the following insights: • More people are coming to Vail, but are being conservative with their spending • Guests are seeking added value now more than ever • Vail is building the guest experience and loyalty for intent to return • Vail is stealing share of voice and share of market • Vail is addressing the "new normal" economic conditions and, as in the winter months, Vail is down in occupancy and sales tax but is ahead of the industry 2. 2010 MARKETING OBJECTIVES After reviewing 2009 results to date, reviewing consumer trends as well as market analyses and conducting a SWOT analysis, the following 2010 marketing objectives have been adopted by the VLMD: • Drive incremental overnight spring, summer and fall bookings • Maintain revenue levels of 2009 lodging sales tax generated • Continue to build long-term brand awareness that drives short-term sales • Increase market share by widening audience reach while maintaining loyal guest base • Continue to position Vail as a world-class, year-round destination brand 3. STAFF RECOMMENDATION Staff requests Town Council approve the 2010 VLMD Operating Plan and Budget. 4. ACTION REQUESTED OF VAIL TOWN COUNCIL Approve the VLMD 2010 Operating Plan and Budget. ATTAC H M E NTS VLMD 2010 proposed Budget Resolution No. 23, Series 2009 1 13-1-1\n Vail Local Marketing District 2010 Proposed Budget 2009 2009 2008 Original Amended 2010 Actual Budget Budget Budget Income 310 - Lodging Tax 2,179,300 2,075,000 1,745,000 1,745,000 313 - Other Income 579,926 - - - 399 - Interest Income 8,877 6,025 6,025 6,025 Totallncome 2,768,104 2,081,500 1,751,025 1,751,025 Expense 6301 • Destination 6301.01 - Advertising 256,124 313,921 158,000 158,725 6301.09 - Partnerships - - 70,075 70,000 6301.20 - Advertising - Winter - - 121,201 - Total 6301 - Destination 256,124 313,921 349,276 228,725 6302 - Front Range 6302.06 - Advertising 29Q620 198,500 239,000 6,000 6302.07 - Promotions 240,000 148,000 157,300 345,000 6302.18 - Advertising - Winter 102,379 - 97,621 - Total 6302 - Front Range 632,999 346,500 493,921 351,000 6303 - Groups and Meetings 6303.01 - Print Advertising 96,416 8Q000 56,665 5,000 6303.03 • Marketing Services 53,895 75,000 7Q000 62,000 6303.04 - Travel/Tradeshows 101,769 105,000 77,500 80,000 6303.05 - Memberships 4,647 5,000 3,000 3,000 6303.07 - Collateral - - - 13,500 6303.11 • Familiarization Trips 41,673 25,000 25,000 15,000 6303.15 • Public Relations 15,000 15,000 10,000 8,000 6303.17 - Direct Sales 12,000 12,000 97,835 98,500 6303.18 • Participatory Sports - - - 30,000 Total 6303 - Groups and Meetings 325,400 317,000 34Q000 315,000 6304 - Public Relations Expenses 172,540 124,500 118,000 100,300 6305 - Fulfillment 3,026 3,000 3,000 3,000 6306 - Photography 55,188 5Q000 9,500 65,000 6307 - Research 19,500 43,500 43,500 23,500 6308 - Web Site 84,031 10Q000 90,000 75,000 6310 - Admin Miscellaneous 7,652 10,000 10,000 9,675 6311.01 - Database & Direct Mail Winter 178,799 - - - 6314 • Collateral 9,000 9,000 - - 6315 - Email Marketing 49,992 25,000 25,000 25,500 6316.01 - Events - Winter 153,000 - 50,000 - 6318 - Asset Marketing 14$000 82,950 - - 6320 - Branding - - 22Q000 95,000 6322 - Air Service 10,000 - - - 6400 - Contingency - 7,500 - - 7000 - Professional Fees 7001 - Legal and Accounting 23,524 20,000 20,000 20,000 7003 - Advertising Agent Fees 71,913 42,000 83,000 55,000 7004 - Media Agency Fees 40,000 20,000 - - 7007 • Marketing Coordination-VVP/TOV 125,000 125,000 125,000 125,000 7008 - PR - Professional Fees 103,500 100,000 100,000 100,000 7010 • Strategic Advisory Fees 135,393 35,000 23,000 20,000 7011 - Partnership Fees 7015 - Ft Range Promotion Fees - 50,625 53,125 50,000 7016 - Strategic Alliance Fees 8 Trvl - 101,454 50,000 42,500 7017 • Asset Marketing 27,050 - - Tota1 7011 - Partnership Fees 12Q678 179,129 103,125 92,500 7013 - Concierge Program 23,000 48,000 48,000 4Q800 Tota1 7000 - Professional Fees 643,008 748,258 502,125 453,300 Total Expense 2,748,260 2,002,000 2,254,322 1,745,000 Net Income 19,844 79,500 (503,297) 6,025 Beginning Fund Balance 1,006,744 602,276 1,026,588 523,291 Ending Fund Balance 1,026,588 681,776 523,291 529,316 % age Fund Balance (25 % required) 37 % 33 % 1 33o .A - 2\n 30 % page 1 of 1 RESOLUTIOI I O. 23, SERIES 2009 A RESOLUTIOI APPROVII G A BUDGET AI D MAKII G APPROPRIATIOI S TO PAY THE COSTS, EXPEI SES, AI D LIABILITIES OF THE VAIL LOCAL MARKETII G DISTRICT, FOR ITS FISCAL YEAR JAI UARY 1, 2010 THROUGH DECEMBER 31, 2010. WHEREAS, the Town Council rcceived and approved the opcrating plan and budget for fiscal year 2010 on Septcmber 15, 2009; and WHEREAS, in accordancc with CRS section 29-1-106 a notice of budget hearing has been published; and WHEREAS, notice of this public hearing to consider the adoption of the proposed Vail Local Marketing District budget was published in the VAIL DAILY on the 30th day of Scptcmbcr, 2009; and I OW THEREFORE, LET IT BE RESOLVED by thc Vail Local Marketing District of Vail, Colorado, as follows: The Vail Town Council approves the submitted budgct and appropriates $1,745,000 for markcting relatcd cxpenditures bcginning on the first day of January, 2010, and ending on the 31sr day of December, 2010. Attested: Signed: Town Clcrk Dick Clcveland, Mayor 13-1-3\n