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Home My WebLink About2009-10-20 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., OCTOBER 20, 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: Town Manager's Report. (15 min.) PRESENTER(S): Stan Zemler 3. ITEM/TOPIC: Resolution 22, Series of 2009. A resolution in support of the Energy Smart Loan program, a ballot measure to be posed to voters on November 3rd, 2009, which will allow Eagle County to provide bonding authority to issue low interest loans to residents for energy efficiency and renewable energy improvements on their homes and allow the participants to repay these loans through property taxes. (15 min.) PRESENTER(S): Kristen Bertuglia ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council review the submitted material and consider adopting Resolution No. 22, Series 2009, in support of the Energy Smart Loan program. BACKGROUND: Eagle County is seeking to establish an “Energy Smart Local Improvement District” (LID) in order to create a financing pool to fund energy efficiency and renewable energy (EE/RE) improvements within the County. This financing program provides a voluntary mechanism for commercial and residential property owners to obtain financing for renewable energy and/or energy efficiency improvements to properties in EagleCounty. Each property owner who receives financing through the program will be responsible for repaying the loan via a special property tax assessment on the improved property. The Energy Smart LID requires voter approval for the County to issue up to $10 million in special assessment bonds. Loans obtained through the Energy Smart LID are not funded through a county-wide tax increase. Property owners opt-in to the special assessment district on an individual basis. By supporting this measure, the Town of Vail will show its support for a proven successful program to drive energy efficiency in the Eagle Valley. This innovative measure directly supports individual and county-wide environmental sustainability. The City and County of Boulder were the first in the state of Colorado to implement this program as "ClimateSmart" and was extremely successful. \n 10/20/2009\n Current supporters of this initiative include: Eagle County Commissioners, The Vail Valley Partnership, Holy Cross Energy, Vail Resorts, Aspen Chamber Resort Association, the Pitkin County Commissioners, the Aspen City Council, and the Snowmass Village Town Council, and many others. STAFF RECOMMENDATION: Staff recommends the Vail Town Council adopt Resolution No. 22, Series 2009, in support of the Energy Smart Loan program, and, provided voters approve the ballot measure on November 3rd, opt into this voluntary program so that Town of Vail residents may participate if they so choose. 4. ITEM/TOPIC: Initial review of parking feasibility concepts for Ford Park. (60 min.) PRESENTER(S): Greg Hall, Director of Public Works and Transportation / Jana McKenzie, EDAW ACTION REQUESTED OF COUNCIL: Become familiar with the feasibility concepts to provide parking at Ford Park. In the next several months there are additional steps that the consultant team and staff will complete before requesting direction from Council on the following issues. 1. Should expanded parking be incorporated into the Ford Park Management Plan Update? 2. If expanded parking is to be included in the Ford Park Management Plan Update, which scenario or scenarios should be carried forward to design development and detailed cost estimating? At this time, staff is requesting the Council provide direction in regards to any of the parking scenarios presented that should be eliminated, any additional parking concepts that should be evaluated and what additional information Council will require to make a future decision. BACKGROUND: The feasibility evaluation of parking alternatives on Ford Park is a strategic initiative of the Council. A consulting team led by EDAW was hired to facilitate the development of parking scenarios for Ford Park as well as update the Ford Park Management Plan. The first phase of the work was the parking feasibility study. EDAW has completed the initial site analysis and parking demand study for Ford Park. Prior to beginning the public process, the consulting team was to develop parking concepts to a level of detail to allow the following information to be presented to the Council. 1. Where parking could be located (horizontally and vertically) on the site. This will include a surface parking scenario. 2. How many new parking spaces can be created with each concept. 3. The cost of each concept. 4. An initial concept screening and pro/con analysis. Included in your packet is the concept parking presentation, open house boards which provide additional narrative regarding each concept and the Ford Park parking demand analysis. STAFF RECOMMENDATION: No formal action is requested. Staff requests Council provide direction as stated. 5. ITEM/TOPIC: Recommendations of the Parking Task Force for 2009-2010 winter parking season. (20 min.) PRESENTER(S): Greg Hall \n 10/20/2009\n ACTION REQUESTED OF COUNCIL: Review and approve or approve with revisions the recommendations of the Parking Task Force for 2008-2009 season. BACKGROUND: The Town Council established the parking task force to provide direction to Council regarding parking operation policies for each year. The task force is represented by members of the Vail Town Council, Vail Resorts, the retail business community, as well as a citizen at large representative. STAFF RECOMMENDATION: The parking task force recommendations are provided. Staff recommends to adopt the recommendations as approved by the task force. Approve or approve with modifications the recommendations of the Parking Task Force. 6. ITEM/TOPIC: First reading of Ordinance No. 22, Series of 2009, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical marijuana dispensaries as a conditional use in the Commercial Core III, Arterial Business, General Use, and Commercial Service Center Districts, and setting forth details in regard thereto. (45 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: The Vail Town Council may approve, approve with modifications, or deny Ordinance No. 22, Series of 2009, upon first reading. BACKGROUND: In November, 2000, Coloradoans passed Amendment 20 to the Colorado Constitution, legalizing the use of medical marijuana. Amendment 20 created an exception to the state’s criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana. Amendment 20 also created an exception to the state’s criminal laws for physicians to advise and authorize medical marijuana use for patients who have been diagnosed with debilitating medical conditions. While possession and use of medical marijuana is regulated by the State, the sale of medical marijuana is not regulated by the State. As a result, new businesses in the form of medical marijuana dispensaries (MMDs) are appearing under the interpretation that the business is a primary caregiver for those diagnosed with debilitating medical conditions. The State has deferred to local jurisdictions to regulate MMDs, typically through business licensing, nuisance and zoning regulations. On October 12, 2009, the Planning and Environmental Commission (PEC) held a hearing on the proposed amendments found in Ordinance No. 22, Series of 2009. The PEC forwarded a recommendation of approval, with modifications, to the Vail Town Council, with a vote of 7-0-0. See Attachment A for the Staff memorandum to the PEC, dated October 12, 2009. The main modifications recommended by the PEC include adding the General Use District, increasing the distance from schools and other MMDs, and requiring security cameras at all entrances. STAFF RECOMMENDATION: The Planning and Environmental \n 10/20/2009\n Commission recommends that the Vail Town Council approves, with modifications, Ordinance No. 22, Series of 2009, upon first reading. 7. ITEM/TOPIC: Second 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 second 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 adopt the 2009 International Building Codes with several amendments. The proposed amendments specifically address the uniqueness of the construction environment in Vail. STAFF RECOMMENDATION: The Building and Fire Appeals Board recommends that the Vail Town Council approve, Ordinance No. 18, Series of 2009, on second reading. 8. ITEM/TOPIC: Second reading of the 2010 Budget Ordinance No. 19, Series 2009. (15 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. 9. ITEM/TOPIC: Second Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) No. 39, Crossroads, and setting forth details in regard thereto. (15 min.) PRESENTER(S): Warren Campbell / Dominic Mauriello ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 20, Series of 2009. \n 10/20/2009\n 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 Gross Residential Floor Area (GRFA) or reduction in commercial floor area associated with this change. On October 6, 2009, the Town Council unanimously approved Ordinance No. 20, Series of 2009, on first reading. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, Ordinance No. 20, Series of 2009, on second reading. 10. ITEM/TOPIC: Resolution No. 24, Series of 2009, A Resolution Approving the Pre-Development Agreement Between the Town of Vail, Colorado, Timber Ridge Affordable Housing Corporation and Vail Timber Ridge LLC Regarding the Redevelopment of the Timber Ridge Property; and Setting Forth Details in Regard Thereto. (15 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve the Pre-Development Agreement and authorize the Town Manager to sign and enter into the agreement with Vail Timber Ridge LLC in a form approved by the Town Attorney. BACKGROUND: On December 18, 2008, the Town issued a request for qualifications and proposals ("RFQP") seeking qualified individuals or organizations to develop the Timber Ridge property. The Vail Timber Ridge LLC submitted a response to the RFQP as the best option for the development of the Timber Ridge property. The Town, Timber Ridge Affordable Housing Corporation and the Vail Timber Ridge LLC wish to enter into a Pre-Developer Agreement for the redevelopment of the Timber Ridge property STAFF RECOMMENDATION: Approve the Pre-Development Agreement and authorize the Town Manager to sign and enter into the agreement with Vail Timber Ridge LLC in a form approved by the Town Attorney. 11. ITEM/TOPIC: Resolution No. 25, Series of 2009, A Resolution Approving the Development Option Agreement Between the Town of Vail, Colorado, and OHP Vail One, LLC, Regarding the Lionshead Parking Structure Development Option Agreement; and Setting Forth Details in Regard Thereto. (15 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve the Development Option Agreement and authorize the Town Manager to sign and enter into the agreement with OHP Vail One LLC in a form approved by the Town Attorney. \n 10/20/2009\n BACKGROUND: On October 16, 2007, The Town and OHP Vail One, LLC entered into a Development Improvement Agreement and a First Amendment to the Development Improvement Agreement (DIA) August 19, 2008. The Parties acknowledge and the DIA recongnizes that the LionsHead Parking Structure is currently encumbered by a deed restriction held by Vail Associates, Inc., The Vail Corporation, D/B/A Vail Associates Inc. or another related corporate entity setting forth the rights and obligations of the Parties with respect to the redevelopment site. The DIA expired by its terms on June 17, 2009. STAFF RECOMMENDATION: N/A 12. ITEM/TOPIC: Adjournment. (10:10 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) ------- THE NEXT VAIL TOWN COUNCIL REGULAR EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, NOVEMBER 3, IN THE VAIL TOWN COUNCIL CHAMBERS. \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Town Manager's Report. PRESENTER(S): Stan Zemler ATTACHMENTS: CDOT Parking \n 10/20/2009\n COLORADO DEPARTMENT OF TRANSPORTATION FRONTAGE ROAD OVERFLOW PARKING AGREEMENT The Colorado Department of Transportation (CDOT) has requested that a formal agreement regarding frontage road overflow parking be established. CDOT will work with the Federal Highway Administration in any agreement established as the frontage roads are part of the interstate right of way. CDOT has proposed terms of an agreement that states the town is working toward parking solutions which are less dependent on the use of the frontage roads if ownership stays in the hands of CDOT. The agreement would establish limits of days allowed without a fee imposed tentatively (15 days) of winter overflow and then have thresholds of payments for additional days beyond 15 days with a corresponding rate. Currently discussed days and rates are: 0-15 overflow days No charge 16-25 overflow days $2000/day, 26-35 overflow days $3000/day 35+ overflow days of $5000/day. These funds would be placed in a similar fund as the frontage road permit parking funds. Terms and progress would be reviewed annually and the agreement is anticipated to be for a 5 year as no new permanent solution would be in place before then. It is CDOT’s intention to have this agreement in place soon. 2 - 1 - 1\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Resolution 22, Series of 2009. A resolution in support of the Energy Smart Loan program, a ballot measure to be posed to voters on November 3rd, 2009, which will allow Eagle County to provide bonding authority to issue low interest loans to residents for energy efficiency and renewable energy improvements on their homes and allow the participants to repay these loans through property taxes. PRESENTER(S): Kristen Bertuglia ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council review the submitted material and consider adopting Resolution No. 22, Series 2009, in support of the Energy Smart Loan program. BACKGROUND: Eagle County is seeking to establish an “Energy Smart Local Improvement District” (LID) in order to create a financing pool to fund energy efficiency and renewable energy (EE/RE) improvements within the County. This financing program provides a voluntary mechanism for commercial and residential property owners to obtain financing for renewable energy and/or energy efficiency improvements to properties in EagleCounty. Each property owner who receives financing through the program will be responsible for repaying the loan via a special property tax assessment on the improved property. The Energy Smart LID requires voter approval for the County to issue up to $10 million in special assessment bonds. Loans obtained through the Energy Smart LID are not funded through a county-wide tax increase. Property owners opt-in to the special assessment district on an individual basis. By supporting this measure, the Town of Vail will show its support for a proven successful program to drive energy efficiency in the Eagle Valley. This innovative measure directly supports individual and county-wide environmental sustainability. The City and County of Boulder were the first in the state of Colorado to implement this program as "ClimateSmart" and was extremely successful. Current supporters of this initiative include: Eagle County Commissioners, The Vail Valley Partnership, Holy Cross Energy, Vail Resorts, Aspen Chamber Resort Association, the Pitkin County Commissioners, the Aspen City Council, and the Snowmass Village Town Council, and many others. STAFF RECOMMENDATION: Staff recommends the Vail Town Council adopt Resolution No. 22, Series 2009, in support of the Energy Smart Loan program, and, provided voters approve the ballot measure on November 3rd, opt into this voluntary program so that Town of Vail residents may participate if they so choose. ATTACHMENTS: Memo - Resolution No. 22 Series 2009 Resolution No. 22, Series of 2009 Energy Smart Loan Program Frequently Asked Questions Energy Smart Loan Program Eagle Co Ballot Lanauge \n 10/20/2009\n 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 20, 2009 SUBJECT: Resolution No. 22, Series 2009, supporting the Energy Smart Loan Program, ballot measure 1A. I. BACKGROUND Eagle County is seeking to establish an “Energy Smart Local Improvement District” (LID) in order to create a financing pool to fund energy efficiency and renewable energy (EE/RE) improvements within the County. This financing program provides a voluntary mechanism for commercial and residential property owners to obtain financing for renewable energy and/or energy efficiency improvements to properties in Eagle County. Each property owner who receives financing through the program will be responsible for repaying the loan via a special property tax assessment on the improved property. The Energy Smart LID requires voter approval for the County to issue up to $10 million in special assessment bonds. Because Eagle County would be the bonding authority, towns within Eagle County that opt in to this voluntary program incur no debt or cost. In addition, loans obtained through the Energy Smart LID are not funded through a county-wide tax increase. Property owners opt-in to the special assessment district on an individual basis. By supporting this measure, the Town of Vail will show its support for a proven successful program to drive energy efficiency in the Eagle Valley. This innovative measure directly supports individual and county-wide environmental sustainability. For example, Boulder County’s ClimateSmart Loan Program has become a nationally recognized model for financing renewable energy and energy efficiency measures. Thus far the ClimateSmart Loan Program is the largest loan program in the country, and is at the forefront of national trends among communities that are seeking to improve energy efficiency and renewable energy installation in their neighborhoods. Numerous communities across the country are considering launching similar programs in effort to reduce greenhouse gas emissions and propel a strong green economy. As a result of Boulder voters passing this measure and cities and towns within the county opting into the program, over 750 building applications for renewable energy and energy efficiency upgrades were submitted in the first month of the program. Current supporters of the Energy Smart Eagle County ballot initiative include: Eagle County Commissioners, Eagle Valley Home Builders Association, East West Resorts, R.A. Nelson, Town of Eagle, Town of Avon, Town of Red Cliff, Holy Cross Energy, Vail Resorts, Aspen Chamber Resort Association, the Pitkin County Commissioners, the Aspen City Council, the Snowmass Village Town Council, and many others. 3 - 1 - 1\n \n 10/20/2009\n 2 Eagle County is currently working with the Governor’s Energy Office, as well as Gunnison, Pitkin, and Boulder County to collaborate on a joint program to establish the best possible program design with the lowest possible interest rate. II. PROS/CONS OF THE ENERGY SMART LOAN PROGRAM PROS • Voluntary program that removes the up-front cost barrier of energy efficiency and renewable energy without raising taxes for everyone. • Lowers monthly utility bills. • Stimulates jobs and invests in Eagle County’s economy. • Results in lowered overall community carbon footprint. • Older structures will be upgraded to current code requirements. CONS • Loan interest rates in some cases may be higher than an individual could obtain through a home equity loan. Interested parties will need to investigate the most economical option for them. • There may be more requests for loans for projects than funding available. • Reasonable payback periods will need to be considered. However, the way the program is designed under similar models in other communities, loans that do not cash-flow positive are not granted. III. ACTION REQUESTED OF THE TOWN COUNCIL Staff requests that the Vail Town Council review the submitted material, ask any pertinent questions, and consider adopting Resolution No. 22, Series 2009, in support of the Energy Smart Loan program. By adopting a resolution in support of the program, this is simply a way of reassuring voters that their Town Council is behind them if they choose to vote “yes” on the ballot measure. After voters have approved the measure, the Vail Town Council will then be asked to adopt an ordinance that will allow the Town of Vail to “opt in” to the program, allowing residents to participate. Towns must opt in due to the statutory requirements of this and other districts. No staffing or financial obligations would exist for the Town of Vail, but rather, Eagle County or a designated third party will administer the loan program, with administrative costs paid by closing costs associated with the loans given. Does the Vail Town Council support the Energy Smart Loan program in Eagle County? Staff requests that the Vail Town Council approve, approve with modifications, or deny the adoption of Resolution No. 22, Series 2009, in support of ballot measure 1A. 3 - 1 - 2\n \n 10/20/2009\n 3 IV. STAFF RECOMMENDATION Staff recommends the Vail Town Council adopts Resolution No. 22, Series 2009, in support of the Energy Smart Loan program, and, provided voters approve the ballot measure on November 3rd, 2009, opt in via ordinance to this voluntary program in the future so that Town of Vail residents may participate if they so choose. V. ATTACHMENTS • Resolution No. 22, Series of 2009 • Frequently Asked Questions • Eagle County Ballot Language 3 - 1 - 3\n \n 10/20/2009\n RESOLUTION NO. 22 (Series of 2009) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, DECLARING SUPPORT FOR THE APPROVAL OF EAGLE COUNTY REFERENDUM 1A “ENERGY SMART LOAN PROGRAM” WHEREAS, Colorado House Bill 08-1350 declares that the development, production, and efficient use of renewable energy will advance the security, economic well-being, and public and environmental health of this state, as well as contributing to the energy independence of our nation; and WHEREAS, the same Bill declares that the inclusion of energy efficiency and renewable energy production projects for residential and commercial use in Local Improvement Districts will serve a valid public purpose; and, WHEREAS, the same Bill allows for the said Districts to issue bonds in order to provide to interested property owners within the District loans attached to the property via a special tax assessment; and, WHEREAS, residents of the district who do not make use of these arrangements will not be assessed any additional taxes; and, WHEREAS, eligible improvements include upgrading insulation, replacing inefficient heating systems, upgrading lighting systems and fixtures, sealing air leakages, and installing solar electric, solar hot water and wind energy, among other measures; and WHEREAS, the benefits of the resulting “Energy Smart Loan Program” include financing energy improvements at a low-cost, helping property owners save on their utility bills, repaying the costs through a voluntary special assessment on the property, keeping the financial obligation with the property and not the owner, utilizing long-term, fixed-rate repayment, stimulating the local economy by creating jobs, and ensuring no increased property taxes for non-participants; and WHEREAS, the Town of Vail has adopted a policy of environmental stewardship and values programs that support energy efficiency and renewable energy. WHEREAS, the Town of Vail aims to fulfill its adopted goal of a reduction of community energy use and greenhouse gas emissions of 20 percent by the year 2020, the “Energy Smart Loan Program” removes the up-front cost barriers for energy efficiency projects and allows County residents to reduce energy consumption in their homes, and resulting greenhouse gas emissions on a long term basis. 3 - 2 - 1\n \n 10/20/2009\n NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Town of Vail Town Council supports Eagle County Referendum 1A, “Energy Smart Loan Program.” In the case that the said Referendum is approved by the voters of Eagle County, the Board will consider a Town Ordinance to opt into the Special Improvement District, thereby making the Town of Vail residents eligible for special tax assessment loan financing. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of October, 2009. ___________________________ Dick Cleveland, Mayor of the Town of Vail, Colorado ATTEST: _____________________________ Lorelei Donaldson, Town Clerk 3 - 2 - 2\n \n 10/20/2009\n 1 ENERGY SMART LOCAL IMPROVEMENT DISTRICT FAQs What is 1A about? Energy Smart Local Improvement District: Eagle County is seeking to establish an “Energy Smart Local Improvement District” (LID) in order to create a financing pool to fund energy efficiency and renewable energy (EE/RE) improvements within the County. This financing program provides a voluntary mechanism for commercial and residential property owners to obtain financing for renewable energy and/or energy efficiency improvements to properties in Eagle County. Each property owner who receives financing through the program will be responsible for repaying the loan via a special property tax assessment on the improved property. The Energy Smart LID requires voter approval for the County to issue up to $10 million in special assessment bonds. Loans obtained through the Energy Smart LID are not funded through a county‐wide tax increase. Property owners opt‐in to the special assessment district on an individual basis. What types of improvements will be eligible for loans? Many energy efficiency and renewable energy improvements can be financed through the Energy Smart LID. These improvements could include energy efficiency upgrades such as replacement of inefficient windows, increased insulation, replacing inefficient heating and cooling systems, sealing air leakages, and other measures. Renewable energy improvements could include solar photovoltaic, solar thermal, or small wind energy systems. Who will be able to obtain financing through the Energy Smart LID? Loans through the Energy Smart LID will only be available to property owners who contract for renewable energy and/or energy efficiency improvements to their properties. Property owners must live in unincorporated areas of Eagle County or in municipalities that opt in to participate in the Energy Smart LID. How do municipalities opt in, and what is their risk? Towns must opt in by ordinance. There is no risk, obligation or cost to the municipality. How will the loan process work? The loan process will have the following steps: 1. The property owner will attend an informational workshop. 2. The property owner will obtain a “not to exceed” bid from a contractor. 3. The property owner will submit an application to th e County. 4. The County will pre‐qualify the property owner for inclusion in the program. 5. The County will aggregate pre‐qualified projects and obtain financing. 6. The County will issue a notice to proceed with the project. 7. Upon project completion, the County will pay the contractor, and the property owner will begin repayment via special property tax assessment. What does it mean that the improvements “stay or run with the property”? Normally, when you sell your property, the debt runs with “you” and you have to pay off that debt at time of sale. With the Energy Smart Loan Program, you need not pay off the obligation when the home is sold. The obligation, can, but doesn’t have to be, assumed by the new owner. This makes financial sense because the improvements, in most cases, will “cash‐flow” and pay back over time. Who is a good candidate for seeking financing through the Energy Smart LID? You may be a good candidate for an Energy Smart loan if you: • Are not likely to qualify for a lower‐interest loan through a private lender (e.g. home equity loan) due to lack of equity. 3 - 3 - 1\n \n 10/20/2009\n 2 • Do not want to incur personal debt tied to your name and would rather have the debt associated with (and potentially stay with) the property. • Want to obtain a loan with a longer repayment period (Energy Smart LID loans will be 15‐20 year loans). • You have a home that will greatly benefit from the improvements, e.g., an older home that will see a short payback period due to the energy efficient upgrades such as new windows and doors or improved insulation. What is a special assessment bond? A special assessment bond is a bond (debt) sold by a government to investors to provide funds for special development projects; in this case, bonds will be issued in order to establish a funding pool to p rovide financing to individual property owners for them to implement energy efficiency and renewable energy improvements to their properties. The “special assessment” refers to the fact that the individual property owners who obtain financing through the Energy Smart LID will repay their debt via a special assessment on their individual properties that will be included with their annual property tax bills. What is a Local Improvement District? A local improvement district is a very common taxing district allowed under state law. Depending on where you live in Eagle County, you are subject to multiple taxing districts, e.g., fire, school, ambulance, water, library, etc. The taxes you are subject to pay in these districts are mandatory and are usually assessed via a mil levy. One of the differences with the Energy Smart LID is that the program is 100% voluntary and under this program NO special assessments can be implemented on your property unless you opt‐in to the program. How much will this program cost the County? The program will have some administrative costs, all of which may be covered by the program’s application/processing fees and interest on loans. Applicants will pay an application fee to pay for County‐related staff and administration of the program, plus a loan processing fee in order to facilitate the County obtaining a high bond rating which in turn gives applicants lower interest rates. It is important to note that each bond deal may be structured differently, so these upfront costs are not fixed. Why does this need to go to a vote of Eagle County citizens? Under Colorado State Law, any multi‐year fiscal obligation must be voted on by the citizens who would be affected by the change in law. Again, since this program requires voluntary participation, voters in Eagle County are casting their ballots to establish the authorization for a taxing district but no one will be assessed a tax increase unless they choose to participate in the program. Why should the county be involved in the banking business? The county will not be involved in the banking busi ness. The reason is that Governments cannot loan money or get into debt obligation for other than “public purposes” (roads, utilities, infrastructure, etc.). In the case of the legislation that allows for the formation of the Energy Smart Local Improvement District, the state legislature made a finding that energy saving measures and green retrofits (as determined by the local authority that was granted the powers – the county) were a public purpose and, hence, Private Activity Bonds were authorized to be used for this purpose. Therefore, the county is not truly in the banking business but the county is in the ‘business’ of reducing energy consumption in the community by way of using its bonding authority for low‐interest loans that are paid back through 3 - 3 - 2\n \n 10/20/2009\n 3 property tax collections. If granted authority by the voters, the county will be in the business of reducing energy consumption which is an environmental benefit to the entire community. Shouldn’t these loans be standard home equity loans or some other standard loan product currently available from a lending institution? The Energy Smart Loan District loans will be paid back through property taxes. Citizens who voluntarily join the program will have an additional payment to be made on their own personal property taxes. The repayment of the loan will ‘run with the property’ and the obligation (lien) will not necessarily have to be paid back when the property transfers ownership. This is unique to the program and not something that the banking industry can offer. There are unique advantages to having the repayment of the loan run with the property. For example, I own my house and want to replace my old windows and insulation so that my utility bill costs decrease. I hire a contractor and do an energy analysis on the project. We calculate that the payback for these upgrades would take 15 years. I think that this is a good deal if I’m going to stay in the house for more than 15 years. Through the Energy Smart Loan Program, I can do a simple cost‐benefit analysis and determine that I will save money through the efficiency upgrades of windows and insulation over the 15 years. If I sell my house within the 15 year time period, however, it won’t be a good financial deal for me. However, since the loan runs with the property, the purchaser of the house will be aware of the additional property tax assessment and will also be aware of the lower utility costs. In this case, it makes sense for both parties since they both benefit from the upgraded windows and insulation. This scenario is not available through standard banking products since the loan obligation must be paid off at the time of sale. What towns have adopted a resolution in support of 1A? The Towns of Eagle, Avon, Red Cliff, Snowmass Village, and Basalt. Other Towns are considering resolutions in the upcoming weeks. Why did the Town of Minturn decide against adopting a resolution in support of 1A? Town of Minturn Council members have told us that they chose to wait until the voters pass this measure, rather than try to influence their vote before the ballot measure is posed on November 3rd. They have said they will support an ordinance to opt into the program once it passes. What is the financing mechanism of this program? Issuing bonds is only one way that the program might be financed. There is the possibility to issue QECB's (Qualified Energy Conservation Bonds ‐ a partnership with the Governor’s Energy Office) or the County may explore other means of financing. The county will explore the best financing option and will ONLY go forward with the program if there is a good financial solution. 3 - 3 - 3\n \n 10/20/2009\n 4 How would the bonds be collateralized? Since the program is not yet final, several funding mechanisms are available and will be explored. However, in Boulder County, revenue bonds were issued. A revenue bond is a special type of municipal bond distinguished by its guarantee of repayment solely from revenues generated by a specified revenue‐generating entity associated with the purpose of the bonds. Unlike general obligation bonds, only the revenues specified in the legal contract between the bond holder and bond issuer are required to be used for repayment of the principal and interest of the bonds; other revenues (notably tax revenues) and the general credit of the issuing agency are not so encumbered. Because the pledge of security is not as great as that of general obligation bonds, revenue bonds may carry a slightly higher interest rate than G.O. bonds; however, they are usually considered the second‐most secure type of municipal bonds. Boulder County chose to include a moral obligation clause, pledging some amount of their general fund to back the bonds to obtain a better interest rate. Therefore, in the case that all of the tax repayment loans defaulted (which is not expected due to the vetting process of the recipients), the Boulder County Commissioners would be obligated to hold a public hearing to discuss repayment, but are not obligated to use taxpayer dollars to pay off those loans. Leans would be placed on property similar to cases in which homeowners default on their property taxes. If someone pays their property taxes, but not the Energy Smart Loan repayment portion of their tax obligation, can the County still sell this tax debt to a third party, or would the County be responsible for collection or repayment of this debt, making all taxpayers ultimately responsible? If someone defaults on any portion of their property tax repayment (Energy Smart Loan portion included), the homeowner would be considered in default. The County does not distinguish between default on either, and all of the tax debt obligation may be sold to a third party. Therefore, as with the current property tax system, all taxpayers will not be responsible for defaulted tax payments. Does a “yes” vote on 1A obligate Eagle County to implement an Energy Smart Loan Program? No. A “yes” vote will allow the County to fully explore the Energy Smart program to determine the appropriate program design and make sure it is financially viable. Learn more at www.EnergySmartEagle.org. 3 - 3 - 4\n \n 10/20/2009\n 1 ENERGY SMART LOCAL IMPROVEMENT DISTRICT BALLOT LANGUAGE Shall Eagle County debt (for Eagle County Energy Smart Local Improvement District) be increased by up to $10,000,000, with a maximum repayment cost of up to $25,000,0000, with no increase in any county tax or tax rate, for the purpose of financing the costs of constructing, acquiring and installing renewable energy and energy efficiency improvements and equipment for property owners that consent to be included in the district by entering into a contract for inclusion in the district, including without limitation: - Solar Photovoltaic Systems, - Small Wind Systems, - Biomass Systems, - Geothermal Systems, - Insulation Upgrades, - Inefficient Heating and Cooling Systems Replacement, - Inefficient Lighting Systems and Fixtures Replacement, - Sealing Air Leakages, and - Any other modification, installation, remodeling or improvement designed to produce energy from an alternative or renewable energy source or reduce energy consumption as approved by Eagle County and any costs necessary or incidental thereto, including without limitation the cost of establishing reserves to secure the payment of such debt, by the issuance of special assessment bonds or by incurring other multiple fiscal year financial obligation, such debt to be payable from special assessments imposed against benefited properties for which the owners thereof have consented to be included within the District by entering into a contract for inclusion, and from other funds that may be lawfully pledged to the payment of such debt, such debt to bear interest at a maximum net effective interest rate not to exceed 10% per annum, such interest to be payable at such time or times, and which may compound annually or semiannually, and such debt to mature, be subject to redemption, with or without premium, be issued and sold at, above or below par, be issued at one time or from time to time, and in such manner, in one or more series, and to contain such other terms, not inconsistent herewith, as the Board of County Commissioners may determine; and shall the County be authorized to enter into a multiple-fiscal year obligation to advance amounts for payment of a portion of such debt and to reimburse itself for such advances by collecting unpaid assessments as provided in the applicable provisions of Colorado Revised Statutes, as amended; and shall the proceeds of such debt and 3 - 4 - 1\n \n 10/20/2009\n 2 the revenue from such special assessments and any earnings thereon be collected, retained and spent by the county as a voter-approved revenue change, without regard to any spending, revenue-raising, or other lim itation contained within Article X, Section 20 of the Colorado Constitution, or any other law which purports to limit the county’s revenues or expenditures as it currently exists or as it may be amended in the future, and without limiting in any year the amount of other revenues that may be collected, retained and spent by the County? YES____ NO _____ 3 - 4 - 2\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Initial review of parking feasibility concepts for Ford Park. PRESENTER(S): Greg Hall, Director of Public Works and Transportation / Jana McKenzie, EDAW ACTION REQUESTED OF COUNCIL: Become familiar with the feasibility concepts to provide parking at Ford Park. In the next several months there are additional steps that the consultant team and staff will complete before requesting direction from Council on the following issues. 1. Should expanded parking be incorporated into the Ford Park Management Plan Update? 2. If expanded parking is to be included in the Ford Park Management Plan Update, which scenario or scenarios should be carried forward to design development and detailed cost estimating? At this time, staff is requesting the Council provide direction in regards to any of the parking scenarios presented that should be eliminated, any additional parking concepts that should be evaluated and what additional information Council will require to make a future decision. BACKGROUND: The feasibility evaluation of parking alternatives on Ford Park is a strategic initiative of the Council. A consulting team led by EDAW was hired to facilitate the development of parking scenarios for Ford Park as well as update the Ford Park Management Plan. The first phase of the work was the parking feasibility study. EDAW has completed the initial site analysis and parking demand study for Ford Park. Prior to beginning the public process, the consulting team was to develop parking concepts to a level of detail to allow the following information to be presented to the Council. 1. Where parking could be located (horizontally and vertically) on the site. This will include a surface parking scenario. 2. How many new parking spaces can be created with each concept. 3. The cost of each concept. 4. An initial concept screening and pro/con analysis. Included in your packet is the concept parking presentation, open house boards which provide additional narrative regarding each concept and the Ford Park parking demand analysis. STAFF RECOMMENDATION: No formal action is requested. Staff requests Council provide direction as stated. ATTACHMENTS: Parking Demand Analysis Open House Boards Council Presentation Staff Memo \n 10/20/2009\n 621 17th Street, #2301 Denver, CO 80293 (303) 296-4300 Fax (303) 296-4302 www.fehrandpeers.com MEMORANDUM Date: October 12, 2009 To: Todd Oppenheimer – Town of Vail From: Carlos Hernandez, AICP Subject: Ford Park Parking Demand Analysis DN09-0248 Vail Ford Park Master Plan Summary & Results Fehr & Peers conducted a parking demand analysis to understand how events in Ford Park translate into overall town-wide parking demand in public parking facilities. This analysis is a critical first step in determining the parking and transportation strategies for the Ford Pak Master Plan update. Based on data collected during weekends in August 2009 it appears: x The peak parking demand for events at Ford Park occurs when the Kick-it 3v3 Soccer Tournament, an event is scheduled at the Gerald Ford amphitheater, and general use at the Betty Ford Alpine Gardens overlap. x Between 5:00pm and 6:00pm the overlapping events at Ford Park and typical town-wide uses appear to have a peak parking demand of approximately 2,800 spaces in public parking facilities. x During the peak period parking period approximately 37% of the parking demand is associated with the Kick-it 3v3 Soccer Tournament, 43% is associated with the event at the Gerald Ford Amphitheater, 19% is associated with town-wide uses, and less than 1% is associated with activity in the Betty Ford Alpine Garden. Parking Model Inputs Fehr & Peers prepared a parking model that captured the individual parking demands that occur in the town parking facilities and along the frontage road based on field observation on July 31st, 2009, August 1st, 2009, & and August 22nd, 2009. The parking demand data used in this model was also validated with staff input, recreation staff interviews, user surveys, promotional materials, and event summaries. In particular, event schedules from the Vail Recreational District, the Vail Valley Foundation, and the Betty Ford Alpine Gardens were a critical resource for this analysis. Additional event participation information was collected from the “Post Event Report to Commission on Special Events for the Vail Lacrosse Shootout 2008” and survey information received from the Ford Amphitheater. This information was compiled to estimate “peak attendance” in August when overlapping events occur in Ford Park. The “peak attendance” is the highest number of people that attend the event at a given time. The “peak attendance” is different than the “total attendance” of an event and is an important factor in determining parking demand. The “peak attendance” calculation analyzes several event characteristics such as the number of event participants, typical size of a sporting 4 - 1 - 1\n \n 10/20/2009\n Ford Park Master Plan 10/12/2009 Parking Demand Analysis team, the number of spectators at an event, the number of games being played, event schedules, time of day, etc. After “peak attendance” was estimated, estimates of the automobile mode share to Ford Park and the estimated occupancy rates of the vehicles traveling to the park were calculated. This information is combined with the “peak attendance” data to determine the peak parking demand. The automobile mode share defines the percent of people that will arrive at an event driving an automobile rather than taking a shuttle, walking, or bicycling. Vehicle occupancy describes how many people are riding in each vehicle that arrives at Ford Park. Field observations of automobile mode share and vehicle occupancy rates were not available for the events being evaluated in this study. As a result, planning level estimates based on Fehr & Peers national and local project experience were developed. The parking model estimates that 80% of people accessing Ford Park during the “peak attendance” period do so via an automobile with an average of 2 people per vehicle. Table 1 shows the results of the “peak attendance” projections, automobile mode share estimates, vehicle occupancy rate estimates, and the resulting parking demand estimates for each individual event or venue related to the Park. Table 1 – Peak Attendance Estimates Peak Attendance Automobile & Park & Ride Shuttle mode share to events** Vehicle Occupancy Rate (lodging/home to event or Vail) Kick-it 3v3 Soccer Tournament (Ford Park) 1,920 80% 2.5 Kick-it 3v3 Soccer Tournament (Soccer Field) 1,280 80% 2.5 Tennis Tournament 87 80% 2.5 Amphitheater 3,037 80% 2.0 Other Visitor Demand in Garages 1,000 80% 2.5 BF Alpine Gardens/Community Park 110 80% 2.5 Shared Parking Demand After the individual parking demands were estimated, demand curves were used to calculate the overlapping parking demands on a hourly basis when the largest events occur in Ford Park. Demand curves are used to understand how the total parking demand for different events accumulates at different times of the day. They are used in this analysis to provide a baseline forecast of the parking demand. Fehr & Peers’ review of the Summer 2009 event schedule concluded that the Vail Lacrosse Shootout, Rocky Mountain Coed Softball Tournament, Vail Invitational Soccer Tournament, and Kick-it 3v3 Soccer Tournament each occur on a different weekend during the summer. Therefore, all the events do not have an overlapping parking demand. Additionally, since the Hot Summer Nights events takes place on Tuesday evening during the summer, it will not overlap with any of major sporting tournaments in Ford Park. Based on the available data, the event that appears to produce the highest parking demand is the Kick-it 3v3 Soccer Tournament. 4 - 1 - 2\n \n 10/20/2009\n Ford Park Master Plan 10/12/2009 Parking Demand Analysis The results of this analysis suggest the peak parking demand for events at Ford Park occurs on a Saturday between 5:00 – 6:00 PM when the Kick-it 3v3 Soccer Tournament occurs, a Gerald Ford amphitheater event is underway, and the Betty Ford Alpine Gardens are open. The results of the demand curve analysis are shown in Tables 2 and 3. Next Steps & Considerations for Master Plan x Building a new centralized parking structure to accommodate the park demand reduces the need for a rigorous parking management program. However, such a structure has significant capital cost implications and design challenges. Such a parking structure would need to limit parking on the frontage road and resolve access conflicts at the entrance to Ford Park to the frontage road x Given the tight scheduling of the sporting tournaments the baseline model assumes that parking is required for the “current game” and the “next game” during peak periods. If the start times of games during amphitheatre events are spread out, the peak parking demand could be reduced by approximately 500 spaces. x Scheduling games during sporting event further apart could also reduce the peak and off peak parking demand. Players that drive to Ford Park that arrive early for games and stay late after their game are a large portion of the parking demand. If players who intended to spend most of the day or a significant time in the park used alternative modes or another a shared parking facility, the total parking spaces required at Ford Park would be significantly reduced. 4 - 1 - 3\n \n 10/20/2009\n 621 17th Street, #2301 Denver, CO 80293 (303) 296-4300 Fax (303) 296-4302 www.fehrandpeers.com Table 2 & 3 – Ford Park & town-wide public parking demand estimation 7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PM Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Spaces Required Kick-it 3v3 Soccer Tournament (Ford Park)1543076146146146146146146146146144924303076100 Kick-it 3v3 Soccer Tournament (Soccer Field)1022054104104104104104104104104103282872054100 Tennis Tournament 2828282828282828282828000300 Amphitheater 0012118218230442548654791112151215121512151215972607 Other Visitor Demand in Garages 255012525025037537537537542550050047525017510050 BF Alpine Gardens/Community Park 2452125182635263035222000 Total Parking Demand31159313041505150917481878194820002418280225362408197914951072657 1024 7:00 AM8:00 AM9:00 AM10:00 AM11:00 AM12:00 PM1:00 PM2:00 PM3:00 PM4:00 PM5:00 PM6:00 PM7:00 PM8:00 PM9:00 PM10:00 PM11:00 PM % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand % Demand Kick-it 3v3 Soccer Tournament 25%50%100%100%100%100%100%100%100%100%100%80%70%50%10%0%0% Kick-it 3v3 Soccer Tournament (Soccer Field)25%50%100%100%100%100%100%100%100%100%100%80%70%50%10%0%0% Tennis Tournament 100%100%100%100%100%100%100%100%100%100%100%0%0%0%10%0%0% Amphitheater 0%0%10%15%15%25%35%40%45%75%100%100%100%100%100%80%50% Other Visitor Demand in Garages 5%10%25%50%50%75%75%75%75%85%100%100%95%50%35%20%10% BF Alpine Gardens/Community Park 5%10%15%60%70%50%75%100%75%85%100%5%5%5%0%0%0% 0% 20% 40% 60% 80% 100%7 :0 0 A M 8:00 AM 9 :0 0 A M 1 0:0 0 A M 11:00 AM 12 :0 0 P M 1:00 P M 2:0 0 P M 3:00 PM 4:00 P M 5 :00 PM 6:00 P M 7 :00 PM 8:00 P M 9 :0 0 PM 10:0 0 PM 1 1 :0 0 P M Other Visitor Demand in Garages BF Alpine Gardens/Community Park Amphitheater Tennis Tournament Kick-it 3v3 Soccer Tournament (Soccer Field) Kick-it 3v3 Soccer Tournament (Ford Park) 0 500 1000 1500 2000 2500 30007:00 A M 8:00 A M 9:00 A M 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 P M 4:00 PM 5:00 PM 6:00 PM 7 :00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Kick-it 3v3 Soccer Tournament (Ford Park) Kick-it 3v3 Soccer Tournament (Soccer Field) Tennis Tournament Amphitheater BF Alpine Gardens/Community Park Total Parking Demand Other Visitor Demand in Garages 4 - 1 - 4\n \n 10/20/2009\n fo r d p a r k co n c e p t a section dr o p - o f f pl a z a su r f a c e p a r k i n g - 3 7 5 s p a c e s te n n i s c o u r t s a r e r e l o c a t e d o f f s i t e le s s e n s t e e p gr a d e t o am p h i t h e a t e r SO C C E R F I E L D VO L L E Y B A L L 0 5 0 1 0 0 2 0 0 FR O N T A G E R O A D R. O . W R. O . W IN T E R S T A T E 7 0 IN T E R S T A T E 7 0 G O R E C R E E K FO R D A M P H I T H E A T E R EX I S T I N G P A R K I N G LO T - 6 0 S P A C E S GO L F C O U R S E - H O L E 6 BE T T Y F O R D AL P I N E G A R D E N S PL A Y G R O U N D LA W N entry/exit entry/exit go r e cr e e k wa l k ex i s t i n g g r a d e su r f a c e p a r k i n g fr o n t a g e ro a d in t e r s t a t e 7 0 r.o.w se c t i o n mu l t i - p u r p o s e ﬁ e l d s / f e s t i v a l a r e a el e v a t o r no r t h V A I L V A L L E Y D R I V E EX P A N D E D S U R F A C E P A R K I N G Th i s a l t e r n a t i v e u t i l i z e s t h e a r e a c u r r e n t l y o c c u p i e d b y t e n n i s c o u r t s to p r o v i d e a d d i t i o n a l o n - s i t e p a r k i n g . A n e l e v a t o r a t t he e d g e o f t h e en t r y p l a z a p r o v i d e s v e r t i c a l c i r c u l a t i o n n e a r t h e b a c k e nt r a n c e o f t h e am p h i t h e a t e r f o r l e s s a b l e - b o d i e d p a r k v i s i t o r s a n d p a t r o n s. T h e p a t h b y th e t e n n i s c o u r t s , ﬁ e l d s a n d t h r o u g h t h e B e t t y F o r d A l pi n e G a r d e n c o u l d be i m p r o v e d a s a n a l t e r n a t e r o u t e t o t h e a m p h i t h e a t e r . Pa r k i n g s p a c e s o n s i t e : 4 3 5 Ne t i n c r e a s e i n s p a c e s : 1 7 6 Co s t : $ 5 , 8 0 0 , 0 0 0 o r $ 1 5 , 4 0 0 p e r s p a c e VE H I C L E C I R C U L A T I O N & P A R K I N G No t a p p l i c a b l e PA R K I N G G A R A G E PR O S Se p a r a t e d r o p - o f f i m p r o v e s s a f e t y , cl o s e r t o d e s t i n a t i o n s t h a n c u r r e n t co n d i t i o n . CO N S Re c o n ﬁ g u r e d p a r k i n g i n I 7 0 R O W ma y n o t b e a c c e p t a b l e t o C D O T Pa r k i n g S e p a r a t e d f r o m ﬁ e l d s b y dr o p - o f f r o a d PR O S A p a r k “ c e n t e r ” i s p o s s i b l e n e a r d r o p of f . N i c e o v e r l o o k o p p o r t u n i t i e s w i t h vi e w t o r i v e r a n d G o r e R a n g e . CO N S Mo r e o f t h e p a r k i s p a v e d . PA R K D E S I G N PR O S El e v a t o r p r o v i d e s v e r t i c a l a c c e s s fr o m e d g e o f p a r k i n g l o t . CO N S Ea s t a p p r o a c h i s a l e s s d e s i r a b l e pe d e s t r i a n r o u t e t o a m p h i t h e a t e r th a n B e t t y F o r d W a y . P a t h f r o m e a s t re q u i r e s p a s s i n g t h e l o a d i n g d o c k , an e l e v a t o r , o r n e g o t i a t i n g s t a i r s . FO R D A M P H I T H E A T E R PR O S Im p r o v e d ﬂ e x i b i l i t y w i t h p o r t a b l e fe n c i n g a n d s e a t i n g . CO N S MU L T I - P U R P O S E S P O R T S F I E L D S / E V E N T S L A W N PR O S C O N S Te n n i s r e l o c a t e d o f f - s i t e . V R D o f ﬁ c e s re c o n s t r u c t e d o n o r o f f - s i t e . TE N N I S PR O S C O N S Re d e s i g n i n g w e s t e r n p a t h t o am p h i t h e a t e r f r o m p a r k i n g m a y im p a c t t h e g a r d e n s BE T T Y F O R D A L P I N E G A R D E N S PR O S Ca n b u i l d w i t h o u t i m p a c t i n g ﬁ e l d s / fe s t i v a l a r e a . S h o r t c o n s t r u c t i o n ti m e . C a n b e p h a s e 1 f o r c o n c e p t B. CO N S PH A S I N G VO L L E Y B A L L im p r o v e c o n n e c t i v i t y a n d pe d e s t r i a n e x p e r i e n c e to V a i l V i l l a g e a n d ga r a g e BETT Y F O R D W A Y ne w pe d e s t r i a n co n n e c t i o n 4 - 2 - 1\n \n 10/20/2009\n 10 . 2 0 . 0 9 fo r d p a r k fo r d p a r k fo r d p a r k pa r k i n g / c i r c u l a t i o n c o n c e p t co n c e p t a s s 40 0 s p a c e s 22 5 s p a c e s 0 s p a c e s 29 5 s p a c e s 60 0 s p a c e s 25 0 s p a c e s 0 s p a c e s 35 0 s p a c e s Li o n s h e a d G a r a g e 1 , 1 5 0 s p a c e s Ne w “ C r e e k s i d e ” Tr a i l t o F P Ad d i t i o n a l “ I n T o w n ” B u s e s t o F P D r o p Va i l V i l l a g e G a r a g e - 1 , 2 0 0 s p a c e s XX X X NO F R O N T AGE R O A D P A R K I N G 20 0 s p a c e s 0 s p a c e s 0 s p a c e s 17 5 s p a c e s Fo r d P a r k : 3 7 5 p r o p o s e d s u r f a c e s p a c e 60 e x i s t i n g s u r f a c e s p a c e Am p h i t h e a t e r D e m a n d : 1 , 2 0 0 s p a c e s Ot h e r D e m a n d : 4 7 5 s p a c e s Te n n i s P a r k i n g D e m a n d : 0 s p a c e s Sp o r t i n g E v e n t D e m a n d : 8 2 0 s p a c e s 2, 5 0 0 S p a c e s R e q u i r e d existing tr a il t o F P 4 - 2 - 2\n \n 10/20/2009\n fo r d p a r k co n c e p t b section te n n i s c o u r t s dr o p - o f f pl a z a te n n i s ce n t e r 50 , 0 0 0 S F fu t u r e c i v i c bu i l d i n g pa r k i n g g a r a g e - 7 5 6 pa r k i n g s p a c e s SO C C E R F I E L D 0 5 0 1 0 0 2 0 0 FR O N T A G E R O A D R. O . W R. O . W IN T E R S T A T E 7 0 IN T E R S T A T E 7 0 G O R E C R E E K FO R D A M P H I T H E A T E R GO L F C O U R S E - H O L E 6 BE T T Y F O R D AL P I N E G A R D E N S PL A Y G R O U N D entry/exit mu l t i - p u r p o s e ﬁ e l d s / f e s t i v a l a r e a go r e cr e e k wa l k ex i s t i n g g r a d e pa r k i n g s t r u c t u r e bu f f e r pl a n t i n g to s c r e e n st r u c t u r e be r m fr o n t a g e ro a d te n n i s in t e r s t a t e 7 0 r.o.w 29 0 ’ - 0 ” su r f a c e p a r k i n g / dr i v e w a y se c t i o n el e v a t o r dr o p - o f f / p l a z a st a i r el e v a t o r no r t h LA W N VO L L E Y B A L L EX I S T I N G P A R K I N G LO T - 6 0 S P A C E S V A I L V A L L E Y D R I V E EA S T P A R K I N G G A R A G E Th i s a l t e r n a t i v e u t i l i z e s t h e a r e a s h o w n a s s u r f a c e p a rk i n g i n C o n c e p t A t o p r o v i d e a d d i t i o n a l o n - s i t e p a r k i n g t h r o u g h t h e c o n s t ru c t i o n o f an L - s h a p e d g a r a g e o n t h e e a s t p o r t i o n o f t h e s i t e w i t h t e n n i s c o u r t s on t o p . T h i s f r e e s u p s o m e p a r k s p a c e f o r m o r e p a r k a m e n i t ie s , s u c h as a n i c e d r o p o f f p l a z a , o r n a m e n t a l s t a i r s a n d g a r d e n s , a nd a t e n n i s ce n t e r / r e s t r o o m s s t r u c t u r e . T h e d r o p o f f i s p a r t i a l l y l o c a te d o n t o p o f t h e pa r k i n g g a r a g e . A n e l e v a t o r a t t h e s o u t h e n d o f t h e g a ra g e p r o v i d e s ve r t i c a l c i r c u l a t i o n n e a r t h e b a c k e n t r a n c e o f t h e a m p h i t h e at e r f o r l e s s ab l e - b o d i e d p a r k v i s i t o r s a n d p a t r o n s . T h e l o w e s t l e v e l of t h e p a r k i n g ga r a g e h a s d i r e c t a c c e s s t o t h e p a t h t o t h e a m p h i t h e a t e r , w i t h o u t ne e d i n g a n e l e v a t o r . A f u t u r e c i v i c s t r u c t u r e c o u l d b e b u il t a s p a r t o f th e p a r k i n g s t r u c t u r e p r o j e c t o r a d d e d i n t h e f u t u r e . T h e pa t h b y t h e te n n i s c o u r t s , ﬁ e l d s a n d t h r o u g h t h e B e t t y F o r d A l p i n e G a r d e n c o u l d b e im p r o v e d a s a n o t h e r m a i n p a t h t o t h e a m p h i t h e a t e r . Pa r k i n g s p a c e s o n s i t e : 8 1 6 Ne t i n c r e a s e i n s p a c e s : 5 5 7 Co s t : $ 5 4 , 4 0 0 , 0 0 0 o r $ 7 2 , 0 0 0 p e r s p a c e PR O S CO N S Dr o p o f f d r i v e s e p a r a t e s p a r k i n g fr o m ﬁ e l d s . VE H I C L E C I R C U L A T I O N & P A R K I N G PR O S Mo r e c l o s e l y l o c a t e d p a r k i n g f o r am p h i t h e a t e r g u e s t s . L o w e s t l e v e l ha s d i r e c t a c c e s s t o a c c e s s i b l e pa t h . CO N S So u t h e a s t c o r n e r o f s t r u c t u r e i s vi s u a l l y e x p o s e d . PA R K I N G G A R A G E PR O S A m o r e s u b s t a n t i a l p a r k “ c e n t e r ” is p o s s i b l e n e a r d r o p o f f . N i c e ov e r l o o k o p p o r t u n i t i e s w i t h v i e w t o ri v e r a n d G o r e R a n g e . CO N S Fe w i m p r o v e m e n t s p o s s i b l e wi t h r e t e n t i o n o f a l l e x i s t i n g p a r k el e m e n t s i n c u r r e n t l o c a t i o n s . PA R K D E S I G N PR O S El e v a t o r p r o v i d e s v e r t i c a l a c c e s s fr o m e d g e o f p a r k i n g l o t . G r a d e s fr o m l o w e r l e v e l o f g a r a g e t o b a c k of a m p h i t h e a t e r a r e g e n t l e . CO N S Le s s d e s i r a b l e p e d e s t r i a n a c c e s s ro u t e s t o a m p h i t h e a t e r . R o u t e t o ma i n e n t r a n c e i s n o t a s n i c e a s B e t t y Fo r d W a y , a n d r e q u i r e s p a s s i n g lo a d i n g d o c k . FO R D A M P H I T H E A T E R PR O S Im p r o v e d ﬂ e x i b i l i t y w i t h p o r t a b l e fe n c i n g a n d s e a t i n g CO N S MU L T I - P U R P O S E S P O R T S F I E L D S / E V E N T S L A W N PR O S 10 c o u r t s – i n c r e a s e o f 2 . CO N S Te n n i s o n t o p o f p a r k i n g g a r a g e is n o t a s a t t r a c t i v e o f a s e t t i n g as c u r r e n t l o c a t i o n . F e n c i n g i s vi s u a l b a r r i e r a l o n g f r o n t a g e r o a d . Re q u i r e s r e c o n s t r u c t i n g t e n n i s ce n t e r a n d V R D o f ﬁ c e s . TE N N I S PR O S C O N S Re c o n ﬁ g u r i n g w e s t e r n p a t h t o am p h i t h e a t e r f r o m p a r k i n g m a y im p a c t t h e g a r d e n s . BE T T Y F O R D A L P I N E G A R D E N S PR O S Ca n b u i l d w i t h o u t i m p a c t i n g ﬁ e l d s / fe s t i v a l a r e a . S u r f a c e l o t s h o w n o n co n c e p t A c o u l d b e ﬁ r s t p h a s e , w i t h ga r a g e a s f u t u r e p h a s e . CO N S Lo s s o f s u r f a c e l o t p a r k i n g d u r i n g ga r a g e c o n s t r u c t i o n . PH A S I N G im p r o v e c o n n e c t i v i t y a n d pe d e s t r i a n e x p e r i e n c e to V a i l V i l l a g e a n d ga r a g e ne w pe d e s t r i a n co n n e c t i o n BETT Y F O R D W A Y 4 - 2 - 3\n \n 10/20/2009\n 10 . 2 0 . 0 9 fo r d p a r k fo r d p a r k fo r d p a r k pa r k i n g g a r a g e d i a g r a m pa r k i n g / c i r c u l a t i o n c o n c e p t L E V E L 1 L E V E L 2 L E V E L 3 L E V E L 4 co n c e p t b s 20 0 s p a c e s 22 5 s p a c e s 0 s p a c e s 12 0 s p a c e s 60 0 s p a c e s 25 0 s p a c e s 0 s p a c e s 35 0 s p a c e s Li o n s h e a d G a r a g e 1 , 1 5 0 s p a c e s Ne w “ C r e e k s i d e ” Tr a i l t o F P Ad d i t i o n a l “ I n T o w n ” B u s e s t o F P D r o p Va i l V i l l a g e G a r a g e - 1 , 2 0 0 s p a c e s XX X X NO F R O N T A G E R O A D P A R K I N G 40 0 s p a c e s 0 s p a c e s 0 s p a c e s 35 0 s p a c e s Fo r d P a r k G a r a g e : 7 5 0 p r o p o s e d s p a c e Am p h i t h e a t e r D e m a n d : 1 , 2 0 0 s p a c e s Ot h e r D e m a n d : 4 7 5 s p a c e s Te n n i s P a r k i n g D e m a n d : 0 s p a c e s Sp o r t i n g E v e n t D e m a n d : 8 2 0 s p a c e s 2, 5 0 0 S p a c e s R e q u i r e d existing tr a il t o F P 60 e x i s t i n g s u r f a c e s p a c e s 4 - 2 - 4\n \n 10/20/2009\n fo r d p a r k co n c e p t c section dr o p - o f f 48 p a r k i n g s p a c e s SO C C E R F I E L D VO L L E Y B A L L 0 5 0 1 0 0 2 0 0 FR O N T A G E R O A D R. O . W R. O . W IN T E R S T A T E 7 0 IN T E R S T A T E 7 0 G O R E C R E E K FO R D A M P H I T H E A T E R GO L F C O U R S E - H O L E 6 BE T T Y F O R D AL P I N E G A R D E N S PL A Y G R O U N D entry/exi t en t r y / e x i t pa r k i n g g a r a g e - 6 5 0 pa r k i n g s p a c e s go r e cr e e k wa l k pa r k i n g s t r u c t u r e mu l t i - p u r p o s e ﬁ e l d s / f e s i t v a l a r e a fr o n t a g e ro a d in t e r s t a t e 7 0 r.o.w 31 0 ’ - 0 ” wa l k mu l t i - p u r p o s e ﬁ e l d s / f e s t i v a l a r e a TE N N I S CE N T E R no r t h wa l k be t t y f o r d w a y be t t y f o r d al p i n e g a r d e n s LA W N EX I S T I N G P A R K I N G LO T - 6 0 S P A C E S V A I L V A L L E Y D R I V E el e v a t o r PA R K I N G U N D E R F I E L D S Th i s a l t e r n a t i v e s h o w s a 1 - l e v e l g a r a g e u n d e r t h e ﬁ e l ds / f e s t i v a l a r e a . T h e ex i s t i n g t e n n i s c o u r t s a n d V R D o f ﬁ c e s r e m a i n i n t h e i r c u r re n t l o c a t i o n s . Ac c e s s f r o m t h e g a r a g e t o t h e a m p h i t h e a t e r i s v i a s t a i r s o r a n e l e v a t o r . Pa r k i n g s p a c e s o n s i t e : 7 5 8 Ne t i n c r e a s e i n s p a c e s : 4 9 9 Co s t : $ 3 0 , 0 0 0 , 0 0 0 o r $ 4 3 , 0 0 0 p e r s p a c e PR O S Se p a r a t e d r o p - o f f i m p r o v e s s a f e t y CO N S Pa r k i n g g a r a g e a c c e s s m a y c o n ﬂ i c t wi t h v e h i c l e s u s i n g d r o p - o f f . VE H I C L E C I R C U L A T I O N & P A R K I N G PR O S Cl o s e r t o V a i l V i l l a g e w i t h b e t t e r ac c e s s f o r s k i e r s i n w i n t e r , w h i c h co u l d g e n e r a t e r e v e n u e o f f - s e a s o n . Ea s i e r v e h i c l e c i r c u l a t i o n o n o n e la r g e ﬂ o o r . CO N S PA R K I N G G A R A G E PR O S CO N S So u t h w a l l o f p a r k i n g s t r u c t u r e pa r t i a l l y e x p o s e d . N e c e s s a r y s a f e t y fe n c i n g t o p r e v e n t f a l l s a n d c o n t a i n ba l l s . A r t i ﬁ c i a l t u r f m a y n e g a t i v e l y im p a c t t h e n a t u r a l c h a r a c t e r o f t h e pa r k . PA R K D E S I G N PR O S El e v a t e d ﬁ e l d s m a y r e d u c e n o i s e fr o m e v e n t s CO N S Po t e n t i a l n o i s e f r o m c a r s i n g a r a g e th r o u g h v e n t i l a t i o n o p e n i n g s . Re q u i r e s r e l i a n c e o n e l e v a t o r f o r ac c e s s i b i l i t y f r o m t h e g a r a g e . FO R D A M P H I T H E A T E R PR O S Im p r o v e d ﬂ e x i b i l i t y w i t h p o r t a b l e fe n c i n g . CO N S Li m i t e d s p a c e f o r b l e a c h e r s a n d sp e c t a t o r s . R e q u i r e s f e n c i n g ar o u n d s o u t h , w e s t a n d e a s t e n d s o f ﬁ e l d s t o p r e v e n t f a l l s a n d k e e p b a l l s in p l a y . MU L T I - P U R P O S E S P O R T S F I E L D S / E V E N T S L A W N PR O S C O N S TE N N I S PR O S C O N S Re c o n ﬁ g u r e d p a t h f r o m d r o p - o f f ma y i m p a c t g a r d e n s . BE T T Y F O R D A L P I N E G A R D E N S PR O S C O N S Mu l t i - p u r p o s e ﬁ e l d s / f e s t i v a l a r e a o u t of p l a y f o r a t l e a s t o n e s e a s o n . PH A S I N G im p r o v e c o n n e c t i v i t y a n d pe d e s t r i a n e x p e r i e n c e to V a i l V i l l a g e a n d ga r a g e ﬁ l l BETT Y F O R D W A Y se c t i o n 4 - 2 - 5\n \n 10/20/2009\n 10 . 2 0 . 0 9 fo r d p a r k fo r d p a r k fo r d p a r k pa r k i n g / c i r c u l a t i o n c o n c e p t pa r k i n g g a r a g e d i a g r a m L E V E L 1 L E V E L 2 co n c e p t c 25 0 s p a c e s 22 5 s p a c e s 0 s p a c e s 17 0 s p a c e s 60 0 s p a c e s 25 0 s p a c e s 0 s p a c e s 35 0 s p a c e s Li o n s h e a d G a r a g e 1 , 1 5 0 s p a c e s Ne w “ C r e e k s i d e ” Tr a i l t o F P Ad d i t i o n a l “ I n T o w n ” B u s e s t o F P D r o p Va i l V i l l a g e G a r a g e - 1 , 2 0 0 s p a c e s 35 0 s p a c e s 0 s p a c e s 0 s p a c e s 30 0 s p a c e s Fo r d P a r k G a r a g e : 6 5 0 p r o p o s e d s p a c e s 60 e x i s t i n g s u r f a c e s p a c e Am p h i t h e a t e r D e m a n d : 1 , 2 0 0 s p a c e s Ot h e r D e m a n d : 4 7 5 s p a c e s Te n n i s P a r k i n g D e m a n d : 0 s p a c e s Sp o r t i n g E v e n t D e m a n d : 8 2 0 s p a c e s 2, 5 0 0 S p a c e s R e q u i r e d existing tr a il t o F P NO F R O N T A G E R O A D P A R K I N G XX X X 4 - 2 - 6\n \n 10/20/2009\n fo r d p a r k co n c e p t d section dr o p - o f f pl a z a te n n i s ce n t e r sk a t e p a r k o r ev e n t s t a g i n g ar e a te n n i s co u r t s el e v a t o r su r f a c e p a r k i n g - 6 6 sp a c e s SO C C E R F I E L D 0 5 0 1 0 0 2 0 0 FR O N T A G E R O A D R. O . W R. O . W IN T E R S T A T E 7 0 IN T E R S T A T E 7 0 G O R E C R E E K FO R D A M P H I T H E A T E R GO L F C O U R S E - H O L E 6 PL A Y G R O U N D LA W N entr y / e x i t pa r k i n g g a r a g e - 5 4 5 pa r k i n g s p a c e s se c t i o n go r e cr e e k be t t y fo r d wa y pa r k i n g s t r u c t u r e te n n i s c o u r t s ex i s t i n g g r a d e dr o p - o f f / p l a z a st a i r fr o n t a g e ro a d in t e r s t a t e 7 0 r.o.w 12 5 ’ - 0 ” wa l k mu l t i - p u r p o s e ﬁ e l d s / f e s t i v a l a r e a re t a i n i n g w a l l no r t h BE T T Y F O R D AL P I N E G A R D E N S ﬁl l VO L L E Y B A L L EX I S T I N G P A R K I N G LO T - 6 0 S P A C E S V A I L V A L L E Y D R I V E WE S T P A R K I N G G A R A G E Th i s a l t e r n a t i v e h a s a 5 4 5 c a r p a r k i n g g a r a g e l o c a t e d a s f a r w e s t a s po s s i b l e o n t h e s i t e , a n d a s m a l l s u r f a c e l o t a t t h e e a s t e n d w i t h 6 6 s p a c e s . Th e c e n t e r o f t h e p a r k i s a m u l t i - p u r p o s e l a w n f o r s o c c e r , s o f t b a l l , f e s t i v a l s an d l a r g e o u t d o o r e v e n t s . T e n n i s c o u r t s a r e p l a c e d o n t o p o f t h e p a r k i n g st r u c t u r e . T h e t e n n i s c e n t e r c a n p r o v i d e a n a r c h i t e c t u r a l “ a n c h o r ” t o t h e pa r k c e n t e r , a n d b e c o m b i n e d w i t h r e s t r o o m s . A p o r t i o n o f t h e t o p d e c k of t h e p a r k i n g s t r u c t u r e i s u s e d f o r o t h e r p a r k f u n c t i o n s b e t w e e n t h e d r o p of f a n d t h e ﬁ e l d s / f e s t i v a l a r e a . T h i s a r e a c o u l d b e a s p e c i a l e v e n t s s t a g e or t o u r n a m e n t a w a r d s p l a z a i n t h e s u m m e r , o r i n c o r p o r a t e o t h e r p a r k am e n i t i e s . Pa r k i n g s p a c e s o n s i t e : 6 7 1 Ne t i n c r e a s e i n s p a c e s : 4 1 2 Co s t : $ 4 5 , 0 0 0 , 0 0 0 o r $ 7 4 , 6 0 0 p e r s p a c e PR O S Se p a r a t e d r o p - o f f i m p r o v e s s a f e t y CO N S Pa r k i n g g a r a g e a c c e s s m a y c o n ﬂ i c t wi t h v e h i c l e s u s i n g d r o p - o f f . VE H I C L E C I R C U L A T I O N & P A R K I N G PR O S Sm a l l f o o t p r i n t o n w e s t k e e p s ar c h i t e c t u r e n e a r e s t v i l l a g e . Co n v e n i e n t l o c a t i o n f o r s k i e r s a l l o w s fo r r e v e n u e i n o f f - s e a s o n . L o w e s t le v e l h a s d i r e c t a c c e s s t o p a t h . CO N S PA R K I N G G A R A G E PR O S Pa r k c e n t e r p l a z a i n n i c e l o c a t i o n ne a r r i v e r , a n d s t a g i n g a r e a f o r ev e n t s c o n v e n i e n t f o r m a n y pu r p o s e s , i n c l u d i n g a w a r d s ce r e m o n i e s , f e s t i v a l s o r c o n c e r t s . CO N S PA R K D E S I G N PR O S Mo r e d e s i r a b l e r o u t e t o m a i n en t r a n c e . L e s s t o t a l g r a d e c h a n g e al o n g p e d e s t r i a n r o u t e f r o m pa r k i n g . P a t h g o e s b y C o m m u n i t y La w n , r a t h e r t h a n l o a d i n g d o c k . Ea s t p a t h b e c o m e s d e l i v e r y r o u t e . CO N S FO R D A M P H I T H E A T E R PR O S La r g e s t m u l t i - p u r p o s e ﬁ e l d a r e a . Lo n g e r o u t ﬁ e l d p o s s i b l e w i t h ad d i t i o n o f r e t a i n i n g w a l l a l o n g cr e e k . CO N S MU L T I - P U R P O S E S P O R T S F I E L D S / E V E N T S L A W N PR O S 8 c o u r t s r e p l a c e d CO N S Te n n i s o n t o p o f p a r k i n g g a r a g e is n o t a s a t t r a c t i v e o f a s e t t i n g as c u r r e n t l o c a t i o n . F e n c i n g i s vi s u a l b a r r i e r a l o n g f r o n t a g e r o a d . Re q u i r e s r e c o n s t r u c t i n g t e n n i s ce n t e r a n d V R D o f ﬁ c e s . TE N N I S PR O S Mo r e d e s i r a b l e r o u t e t o m a i n en t r a n c e . N a t u r a l l y d i r e c t s m a j o r i t y of v i s i t o r s a l o n g B e t t y F o r d W a y t o ga r d e n s . G r a d e s o n p r i m a r y p a t h ge n t l e . CO N S BE T T Y F O R D A L P I N E G A R D E N S PR O S Al l o w s 2 / 3 o f e x i s t i n g ﬁ e l d / f e s t i v a l ar e a t o r e m a i n d u r i n g c o n s t r u c t i o n . CO N S PH A S I N G im p r o v e c o n n e c t i v i t y a n d pe d e s t r i a n e x p e r i e n c e to V a i l V i l l a g e a n d ga r a g e BETT Y F O R D W A Y 4 - 2 - 7\n \n 10/20/2009\n 10 . 2 0 . 0 9 fo r d p a r k fo r d p a r k fo r d p a r k pa r k i n g / c i r c u l a t i o n c o n c e p t pa r k i n g g a r a g e d i a g r a m L E V E L 1 L E V E L 2 L E V E L 3 L E V E L 4 L E V E L 1 L E V E L 2 L E V E L 3 L E V E L 4 co n c e p t d 26 5 s p a c e s 22 5 s p a c e s 0 s p a c e s 19 0 s p a c e s 60 0 s p a c e s 25 0 s p a c e s 0 s p a c e s 35 0 s p a c e s Li o n s h e a d G a r a g e 1 , 1 5 0 s p a c e s Ne w “ C r e e k s i d e ” Tr a i l t o F P Ad d i t i o n a l “ I n T o w n ” B u s e s t o F P D r o p Va i l V i l l a g e G a r a g e - 1 , 2 0 0 s p a c e s XX X X NO F R O N T A G E R O A D P A R K I N G 33 5 s p a c e s 0 s p a c e s 0 s p a c e s 28 0 s p a c e s 60 e x i s t i n g s u r f a c e s p a c e s Fo r d P a r k G a r a g e : 6 1 5 p r o p o s e d s p a c e s Am p h i t h e a t e r D e m a n d : 1 , 2 0 0 s p a c e s Ot h e r D e m a n d : 4 7 5 s p a c e s Te n n i s P a r k i n g D e m a n d : 0 s p a c e s Sp o r t i n g E v e n t D e m a n d : 8 2 0 s p a c e s 2, 5 0 0 S p a c e s R e q u i r e d existing tr a il t o F P 4 - 2 - 8\n \n 10/20/2009\n ford park parking analysis & concept alternatives 4 - 3 - 1\n \n 10/20/2009\n ford park project introduction KEY ISSUES During the summer season, there are parking problems at Ford Park generated by simultaneous major events held at the amphitheater and at the multi-purpose fields Currently, Vail is experiencing town wide parking deficits in both summer and winter seasons There is a potential opportunity to mitigate the summer parking issues at Ford Park, as well as solve some of the year round town wide parking issues KEY QUESTION What additional information do you need in order to determine ifstructured parking in Ford Park should be considered? 4 - 3 - 2\n \n 10/20/2009\n ford parkford park context INTERSTATE 70 GORE CREEK GOLF COURSE FORD PARK VAIL VILLAGE GARAGE VAIL VILLAGE GOLDEN PEAK BASE AREA 4 - 3 - 3\n \n 10/20/2009\n ford parkford park existing parking 60 spaces 54 spaces 60 spaces 1200 spaces 200 spaces 145 spaces ISSUES Frontage road parking is problematic & unsustainable Inadequate parking for summer events Managed parking Shortage of handicap accessible spaces FORD PARK INTERSTATE 70 GORE CREEK 259 TOTAL PARKING SPACES IN FORD PARK VAIL VILLAGE GARAGE 4 - 3 - 4\n \n 10/20/2009\n ford parkford park existing parking in ford park PARK PARKING 199 SOCCER FIELD PARKING 60 TOTAL 259 spaces 4 - 3 - 5\n \n 10/20/2009\n ford parkford park range of parking alternatives TOTAL 435 to 816 spaces RANGE OF ALTERNATIVES PROPOSED 435 816 259 EXISTING SPACES IN FORD PARK 4 - 3 - 6\n \n 10/20/2009\n ford parkford park ford park approximate capacity 435 816 600 TOTAL 600 space approximate parking capacity in Ford Park 259 EXISTING SPACES IN FORD PARK 4 - 3 - 7\n \n 10/20/2009\n ford parkford park town wide parking capacity 1150 space capacity LIONSHEAD 600 space capacity VAIL VILLAGE 1200 space capacity FORD PARK TOTAL 2,950 SPACES TOWN WIDE 4 - 3 - 8\n \n 10/20/2009\n ford parkford park park parking demand on a peak use day (reserved) SPACES 1,500 spaces 10:00 10:00 a.m. walk FORD PARKVAIL VILLAGE 0 spaces 1150capacity LIONSHEAD 630 spaces 1200 capacity 600 spaces 600 capacity Amphitheater: Sporting Event: Tennis : TOTAL 180 1,020 30 1,230 2,500 spaces 4 - 3 - 9\n \n 10/20/2009\n ford parkford park Amphitheater: Sporting Event: Tennis : TOTAL 1,500 spaces 10:00 4:00 p.m. shuttle shuttle walk FORD PARKVAIL VILLAGELIONSHEAD 4:00 300 spaces 1150capacity 950 spaces 1200 capacity 600 spaces 600 capacity 800 1,020 30 1,850 SPACES2,500 spaces park parking demand on a peak use day 4 - 3 - 10\n \n 10/20/2009\n ford parkford park 1,500 spaces 10:00 7:00 p.m. shuttle shuttle walk FORD PARKVAIL VILLAGELIONSHEAD 4:00 7:00 600 spaces 600 capacity 500 spaces 1150capacity 920 spaces 1200 capacity 1200 820 0 2,020 Amphitheater: Sporting Event: Tennis : TOTAL SPACES2,500 spaces park parking demand on a peak use day 4 - 3 - 11\n \n 10/20/2009\n ford parkford park 2,500 spaces 1,500 spaces 10:00 10:00 p.m. shuttle walk FORD PARKVAIL VILLAGELIONSHEAD 4:00 7:00 10:00 p.m. 275 spaces 1150capacity 350 spaces 1200 capacity 350 spaces 600 capacity Amphitheater: Sporting Event: Tennis : TOTAL 975 0 0 975 SPACES park parking demand on a peak use day 4 - 3 - 12\n \n 10/20/2009\n ford parkford park pedestrian access amphitheater ball fields gardens tennis ISSUES Conflicts between pedestrians & service vehicles along Betty Ford Way Poor pedestrian connection between Vail Village garage and Ford Park Steep grades create challenges for elderly & disabled access to the park 4 - 3 - 13\n \n 10/20/2009\n ford parkford park drop-off & arrival ISSUES Congested and confusing drop-off and arrival sequence at Ford Park The park lacks an identifiable entry 4 - 3 - 14\n \n 10/20/2009\n ford parkford park park elements SPORTS FIELDS TENNIS FORD AMPHITHEATERBETTY FORD ALPINE GARDENS PLAYGROUND & LAWN SOCCER & VOLLEYBALL ISSUES Conflicts between different user groups during overlapping events Vehicle noise from I-70 impacts the amphitheater Existing restroom & fixed fencing provide functional challenges for events NATURE CENTER 4 - 3 - 15\n \n 10/20/2009\n ford park 1.Define the number of parking spaces that can feasibly be accommodated on the park site, while being sensitive to aesthetics and the outdoor recreational experience. 2.Maintain park functions, including multi-purpose fields, tennis, amphitheater, gardens, community play and lawn areas, and improve design to accommodate special events and festivals. 3.Improve overall design quality of Ford Park, including identity, arrival experience, pedestrian and vehicular circulation, way finding, views, quality of restroom facilities and noise mitigation. 4.Improve pedestrian access to amphitheater, gardens and nature center. 5.Balance parking needs with programming –continue to have coordinated scheduling between the amphitheater and VRD. 6.Improve safety for pedestrians walking between the park and adjacent Vail Village garage. 7.Identify a potential site for a future recreational / cultural facility. 8.Minimize impact to park functions during construction. project goals 4 - 3 - 16\n \n 10/20/2009\n ford park COMMON TO ALL CONCEPTS: •Improve pedestrian access from Vail Village (transit stop to thewest, and along Gore Creek Trail from parking structure, and along frontage road). •Consider elimination of parking on Frontage Road. •Create a more flexible multi-purpose fields/festival area layout. •Relocate and enhance restrooms. •Ford Amphitheater, Community Lawn and Playground, Betty Ford Alpine Gardens and Nature Center remain in current locations. There will be recommended enhancements in the management plan to achieve the goals, but they are immaterial to decisions regarding parking. common elements and variables 4 - 3 - 17\n \n 10/20/2009\n ford park VARIABLES •Quality of the users’experiences •Parking, multi-purpose lawn area, transit and vehicular drop-off, and park center locations •Ability to accommodate tennis •Feasibility of a future recreational/cultural site •Option for parking garage with 160 spaces by the soccer field. •Cost •Phasing common elements and variables 4 - 3 - 18\n \n 10/20/2009\n ford parkford park surface parking frontage road interstate 70 gore creek walk multi-purpose fields/festival area R.O.W. drop-off NOTE: THIS CONCEPT ASSUMES THE TENNIS COURTS, TENNIS CENTER AND VRD OFFICES WILL BE RELOCATED ELSEWHERE frontage road ford amphitheater betty ford alpine gardens playground lawn g o r e c r e e k interstate 70 concept a –surface parking surface parking 60 spaces elevator 375 surface parking spaces 4 - 3 - 19\n \n 10/20/2009\n ford park concept a –surface parking ford parkford park concept b –east parking garage multi-purpose fields/festival area R.O.W. drop-off parking garage –756 spaces ford amphitheater betty ford alpine gardens playground lawn g o r e c re e k interstate 70 tennis frontage road interstate 70 gore creek elevator drop-off stair tennis center surface parking 60 spaces elevator stair frontage road 4 - 3 - 21\n \n 10/20/2009\n ford park concept b –east parking garage PEAK USE DAY 7:00 p.m. Ford Park 816 spaces Vail Village 920 spaces 1200 capacity Lionshead 284 spaces 1150 capacity ESTIMATED CONSTRUCTION COST: Total $54,400,000 Cost Per Space $72,000 (includes associated park improvements) 4 - 3 - 22\n \n 10/20/2009\n ford parkford park concept c -parking under fields g o r e c r e e k 48 parking spaces multi-purpose fields/festival area R.O.W. drop-off parking garage –650 spaces frontage road ford amphitheater betty ford alpine gardens playground lawn multi-purpose fields/parking garage frontage road interstate 70 gore creek walk interstate 70 betty ford alpine gardens walk tennis courts walk 60 parking spaces elevator stairs tennis center 4 - 3 - 23\n \n 10/20/2009\n ford park concept c-parking under fields PEAK USE DAY 7:00 p.m. Ford Park 758 spaces Vail Village 920 spaces 1200 capacity Lionshead 342 spaces 1150 capacity ESTIMATED CONSTRUCTION COST: GARAGE ABOVE GRADE GARAGE BELOW GRADE Total $30,000,000 $38,100,000 Cost Per Space $43,000 $54,500 ( both include associated park improvements) 4 - 3 - 24\n \n 10/20/2009\n ford parkford park concept d –west parking garage drop-off 66 parking spaces R.O.W. drop-off parking garage 545 spaces frontage road ford amphitheater betty ford alpine gardens playground lawn interstate 70 garage w/tennis on top frontage road interstate 70 gore creek walk multi-purpose fields stair plaza/recreational component g o r e c r e e k 60 parking spaces elevator 4 - 3 - 25\n \n 10/20/2009\n ford park concept d –west parking garage PEAK USE DAY 7:00 p.m. Ford Park 671 spaces Vail Village 920 spaces 1200 capacity Lionshead 429 spaces 1150 capacity ESTIMATED CONSTRUCTION COST: Total $45,600,000 Cost Per Space $74,600 (includes associated park improvements) 4 - 3 - 26\n \n 10/20/2009\n ford park optional parking garage by soccer field parking garage 160 spaces R.O.W. ford amphitheater betty ford alpine gardens playground lawn g o r e c re e k interstate 70frontage road tennis courtsmulti-purpose fields 4 - 3 - 27\n \n 10/20/2009\n ford park summary Structured parking is feasible at Ford Park. Important factors to consider in this decision include: Funding/Financing Qualitative vs. Cost Remaining Project Goals KEY QUESTIONS Should parking in Ford Park be part of an overall parking strategy for Vail? What additional information do you need in order to determine ifstructured parking in Ford Park should be considered? 4 - 3 - 28\n \n 10/20/2009\n ford park summary NEXT STEPS •Schematic designconcepts optimized •Funding and financing schemes •Review winter parking operations •Provide opportunities for community dialogue •Use of Real Estate Transfer Tax (RETT) funds and land •Soccer field parking lot structure details •Other items brought forward 4 - 3 - 29\n \n 10/20/2009\n MEMORANDUM To: Vail Town Council From: Greg Hall, Director of Public Works and Transportation Date: October 20, 2009 RE: Parking feasibility concepts - Ford Park Management Plan Update BACKGROUND This is the initial session for the Town Council and public to receive information regarding the feasibility of placing additional parking at Ford Park. The feasibility evaluation of parking alternatives on Ford Park is a strategic initiative of the Council. In addition, the Vail 20/20 and Greenplay studies identified parking issues at Ford Park, as well as overall community parking issues in the winter. A consulting team led by EDAW was hired to facilitate the development of parking scenarios for Ford Park, as well as to update the Ford Park Management Plan. The first phase of the work was the parking feasibility study. EDAW has completed the initial site analysis and parking demand study for Ford Park. Prior to engaging the public, the consulting team was to develop parking concepts to a level of detail to allow the following information to be presented to the Council. 1. Where parking could be located (horizontally and vertically) on the site. This includes a surface parking scenario. 2. How many new parking spaces can be created with each concept. 3. The cost of each concept. 4. An initial concept narrative of pros/cons. ACTION REQUESTED Included in your packet is the concept parking feasibility presentation, open house boards which provide additional narrative regarding each concept, and the Ford Park parking demand analysis. The Ford Park user groups were consulted regarding issues they each have with parking at Ford Park to provide additional insight to design concept generation. The purpose of this discussion is to demonstrate the feasibility, cost and potential impacts of various parking scenarios and to raise issues and concerns relative to the concept of expanded parking at Ford Park. The decision which selects one alternative over another is not being requested at this time. The updated Ford Park Management Plan will address internal circulation, access and conflicts between uses. Each of these issues is affected to a large degree by the parking issue. Staff and the design team need to begin to resolve the large issue of parking before beginning on the more interrelated issues. The design team has considered and evaluated multiple parking alternatives in three locations on Ford Park plus one additional scenario at the Soccer Field parking lot. Four parking alternatives have been developed in detail for presentation to the Council. An overriding goal within each of the alternatives is no net loss of recreation space. Three 4 - 4 - 1\n \n 10/20/2009\n of the alternatives accomplish this goal on-site. One alternative, surface parking, would require the tennis center and Vail Recreation District office be relocated off-site. Analysis of the parking demand generated by the various uses in Ford Park requires looking at the number of cars to be parked over time rather than as a static number. The design team will present the parking demand numbers in this fashion. It is important to note that none of the presented scenarios meet one hundred percent of the generated parking demand on-site. Each of the scenarios creates parking spaces for a certain amount of the demand. All of the scenarios rely on existing parking in the Village and LionsHead structures to provide the balance. Guest experience, user comfort, accessibility requirements and aesthetics will play an important role in the final decision making process. The cost of construction is an important consideration in each of the scenarios. A parking alternative can not be considered if the town does not have the capability to construct it. The cost per space to construct the parking varies up to 30% between alternatives. The cost per space values presented includes all the work required to construct an alternative, including all contractor’s fees. All of the alternative scenarios include costs for frontage road improvements, relocated recreation facilities and landscaping. Design and other soft costs are not included at this time. Provide initial input to the staff and design team with regard to the presented material to date. No decision is requested of the Council. NEXT STEPS In the next several months, staff will return to the Council asking Council to make a decision regarding the Ford Park Management Plan update. The key question is will the updated plan have an expanded parking component; and if so, what concept should be included. In order to make this important decision, the following additional information will be prepared and presented: • The design concepts will be optimized to ensure the issues and concerns which arise are evaluated, and if necessary, the costs adjusted. • The select concept scenarios will be further refined to further understand design functionality issues. • Funding and financing schemes will be provided as well as more detailed cost estimates. • A review of the various parking concepts and what effects each have on winter parking operations. • Provide opportunities for community and user group dialogue • Address the issue of use of Real Estate Transfer Tax (RETT) funds and the use of land purchased with RETT funds for parking. • If additional recreational /cultural uses should be planned for and how they effect the various Ford Park parking concepts and other site uses. • Costs and design concept sketches of the soccer field parking lot structure • Other items Council will need to make its decision. 4 - 4 - 2\n \n 10/20/2009\n Once a decision is made, the remainder of the Ford Park Management Plan update can be addressed in a similar interactive process. The updated management plan would then proceed to Planning and Environmental Commission to obtain a recommendation for adoption by the Town Council. The Town Council then would adopt an amended Ford Park Management Plan. 4 - 4 - 3\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Recommendations of the Parking Task Force for 2009-2010 winter parking season. PRESENTER(S): Greg Hall ACTION REQUESTED OF COUNCIL: Review and approve or approve with revisions the recommendations of the Parking Task Force for 2008-2009 season. BACKGROUND: The Town Council established the parking task force to provide direction to Council regarding parking operation policies for each year. The task force is represented by members of the Vail Town Council, Vail Resorts, the retail business community, as well as a citizen at large representative. STAFF RECOMMENDATION: The parking task force recommendations are provided. Staff recommends to adopt the recommendations as approved by the task force. Approve or approve with modifications the recommendations of the Parking Task Force. ATTACHMENTS: Council memo and Presentation \n 10/20/2009\n MEMORANDUM To: Vail Town Council From: Parking Task Force members Jeff Babb and Chris Jarnot - Vail Resorts, Farrow Hitt and Kevin Foley – Town Council Members, Anne Fitz and Dan Telleen – Retail Representative, Barbara Krichbaum – Citizen of Large, Subject: Parking Recommendations ski season 2009-2010 Date: October 20, 2009 BACKGROUND The Parking Task Force reconvened on October 13, 2009 to refine the recommendations winter season based on Council input. The Town Council earlier this year directed the Task Force to explore with CDOT a Frontage Road parking program. In addition the parking program from last year was to remain relatively unchanged. CDOT tentatively has allowed the concept of use of the frontage road7 days a week for parking in the following locations (See Attached map), Tentative is because final approval will be based on the details of an adopted program along with concurrence of the Federal Highway Administration. A stipulation with the program is it could not be for free and a reasonable fee be charged. The fees collected would be placed in a Town of Vail special account that must be used for transportation purposes as agreed to by both CDOT and the Town. The free peak period parking area in front of Safeway is not part of this program and will operate as it did last year. The Task Force agenda regarding frontage road parking was a review and recommendation of: x Appropriate locations x Who was eligible for the spaces x What rate should be charged x What effect does the frontage road program have and if any changes are needed to realign the overall parking program. The review was in the context of the Policy Objectives and Guidelines the task force uses in making recommendations, see attachment. The second item, the committee reviewed, is the change in the operation of the top deck of the Village structure and middle south deck of the Lionshead structure, due to the new equipment being installed. These are the value lots and shopper or premier short term spots. 5 - 1 - 1\n \n 10/20/2009\n RECOMMENDATIONS The task forces recommendations follow and were unanimous. 1) FRONTAGE ROAD PARKING PROGRAM Locations x West of the Shell Station on both sides of the North Frontage Road. Approximately 100 spaces x The north side of the North Frontage Road adjacent to Children’s Garden and Middle Creek Apartments. Approximately 40 spaces These were selected due to relative low speed limits, adequate bus/pedestrian facilities and street lighting in the area. In addition, we did not want confuse guests expectations regarding frontage road parking during overflow days. Eligibility of use It was easily agreed these spaces should be for employees. The recommendation is as follows: x Current Employee Pink Pass, Green Pass, Blue Pass and Value card eligibility, the same requirements as last year. A minimum of 30 hours/week for employees of a Vail Business License holder. x The area by Middle Creek -A minimum of 20 hours/week of employees of a Vail Business License holder x The area of the Shell Station to Chamonix –A minimum of 20 hours/week of employees who work in Vail. This would include the contracting community working on Vail projects. It was felt the 30 % reduction in ECO transit service levels this coming winter combined with the three large construction projects in the final stages of completion (most workers on site) during the entire winter season merited we make some accommodation for this additional demand. The overall program intent is to continue to free up spaces in the structures for our guests. This area was recommended to be free Saturdays and Sundays. Rates x The frontage road locations were priced at $ 100 for the season with the purchase of a rear view mirror hang tag. This equates to about a $1/day. This rate was also compared to the price to take the ECO bus which with an increase of $125/five month season will now be $425. Effects on other aspects of the overall Parking Program x Pink Pass Price -It was felt that this employee parking location is preferred compared to the two frontage road locations and should be priced relatively to the other programs. The frontage road program also now provides a choice for the users to decide what product works best for their situation. The recommendation is to increase the price from $100 to $150 for the season. This also reflects the increase of the ECO bus rates. The pink pass price was not raised last year. x Wendy’s Lot -Having the frontage road next to Wendy’s being a charged area and the Wendy’s lot as free was an inconsistency. It was felt charging for the Wendy’s lot we could avoid the situation of over parking the uncontrolled lot. Wendy’s lot is recommended to be equivalent to the frontage road price of $100 with the same eligibility requirements as the Shell Station to Chamonix frontage 5 - 1 - 2\n \n 10/20/2009\n road. It was noted last year the majority of the users of Wendy’s were construction workers during the week. Wendy’s is recommended to be free Saturdays and Sundays. 2) VALUE CARD/SHOPPER PARKING OPERATING CHANGES The new equipment being installed on the top deck of the Village Structure and the middle south deck of the Lionshead Structure will be a ticket and pass system verses the pay and display system in use last year. Access and entry is gained through use of gates. The value program allows the town to provide a discounted rate for residents and employees without the purchase of a season pass. Value card holders will use a proximity pass, similar to all other passes in use last year. Value is deducted for each use based on the same rates as last year. A separate 51 space lot in the same area of the current shopper parking will utilize ticket spitters and self pay exit gates. The number one issue for retailers was the ability to inform customers especially from down valley that there will be a spot in Vail to park close even during our busiest of times. This is the premium short term (up to 2 1/2 hours) parking space. Success is contingent upon these spaces turning over. In order to strongly encourage turnover, the council instituted a $50 violation for parking over the 2 1/2 hour limit that was strictly enforced. The new system places the same concept into the fee structure. The fee is $15 for the first 2 ½ hours and for time over 2 ½ hours $15 plus an assessment of $50 which equals $65. The parking task force agrees and recommends this concept. The task force acknowledges that a grace period can be programmed into our system and recommends 15 minutes. 3) REMAINING RECOMMNEDATIONS OF THE PROGRAM The committee recommends all other aspects of the parking program remain the same as last year. ACTION REQUESTED OF COUNCIL Approve and/or modify the Task Force Recommendations. Attachment 5 - 1 - 3\n \n 10/20/2009\n Recommended Town of Vail Parking Program Winter 2008 – 2009 Presented by the Vail Parking Task Force ¾ Parking Plan Policy Objectives Service Core Markets Skiers, shoppers, employees Manage the Yield Simplify the Product Design Products so it is Revenue Neutral Increase Safety In addition the Parking Task Force works with the following guidelines o Strongly encourage the use of transit o Recover transit enhancement costs through parking o Parking cost increases will be borne by parking o Encourage turnover of shopper parking spaces o Have the rate of the shopper parking track closer to rates in the structure o Raise the top rate to offset continued increased cost of operation o Encourage carpooling/vanpool o Pass prices reflect a relative value received based on the daily rate (i.e. season cost is based on 21 weeks at 5 times per week at daily rate) o Strictly enforce parking violations 5 - 1 - 4\n \n 10/20/2009\n PARKING FEE SCHEDULE RECOMMENDATIONS 08-09 ¾ CLOSE-IN PARKING Vail Village & Lionshead structures, 2,500 spaces Hourly Parking x Pay Upon Exit Proposed Rates Fees Are Good 7 Days A Week Less than 1½ hours Free 1½ to 2 hrs $10 2 to 3 hrs $15 3 to 4 hrs $20 4 to 24 hrs $25 All Day cap Short-Term Metered parking (recommended for 2 1/2 hours or less, or late arrivals) x Pre-Paid Metered Rates Rates Fees Good 7 Days A Week Both Structures 0 to 2 1/2 hrs. $15 60 Spaces on top deck in Vail Village for short-term parking only. 25 spaces available on the middle deck of Lionshead. Available on a first-come, first-served basis. 0-24 hours in the remaining 160 spaces, $25. Program will be strictly enforced. Pre-paid meters accept credit cards and cash. Free Parking Programs for Vail Village, Lionshead Structures x Free 90 minute parking x Free entry after Three (free parking in both structures for entries from 3 p.m. to 3 a.m.) 5 - 1 - 5\n \n 10/20/2009\n Parking Passes Premier Parking x Gold parking Pass, $3250. Good in all lots all the time. Guaranteed space. Come and go privileges Business License Holder x Silver Pass, $1800. All the privileges of a gold pass for one structure. Limited to 50 at each structure. One per business license holder restricted to the structure the business is located at. Will be available first-come, first-served. If after December 5, 2008, additional passes are available in the Lionshead structure, Village merchants may purchase the remaining allocation for use in the Lionshead parking structure. Employee/Locals Parking x Blue Parking Pass, $1100. Good 7 days a week Lionshead, Ford Park, and Soccer Field. Mon – Thurs Vail Village. x Green Parking Pass, $500. Good Mon-Thurs Lionshead only. We are reviewing the ability to isolate the use to an area of the structure that is less desirable to our guests. Good 7 days a week in Soccer Field, Ford Park. Available to Vail or Lionshead-based Vail business license holder’s employees, minimum of 30 hours per week with each pass purchase. x Debit Card, $12. For Vail residents, Vail/Lionshead business holder employees and Vail property owners for use Mon through Thurs in Vail Village structure; $20 on peak days which include Fri, Sat and Sun, December 19-January 4, and the two national holidays Martin Luther King Day and Presidents Day. No Eagle County resident/property owner rate. Debit card holders will use an inventory of 160 metered spaces on the top deck of the Village Parking Structure, and 75 spaces on the southern middle deck of Lionshead. All spaces are allocated on a first-come, first-served basis. 5 - 1 - 6\n \n 10/20/2009\n Permit-Only Employee Parking East Ford Park Lot, Soccer Field, 250 spaces. x Employee Parking Pink Pass, $150. Enables access to gated lots Vail Village or Lionshead-based Vail business license holder employee 30+hr/wk. Ford Park and Soccer Field serviced by the existing transportation system. Permit-Only Employee Parking Frontage Roads/Wendy’s North Frontage Road next to Middle Creek Apartments and Children’s Garden of Learning, 40 spaces x Employee rearview mirror hang tag, $100. Enables parking on the Frontage Road 7 days a week for a Vail Village or Lionshead-based Vail business license holder employee 20+hr/wk. North Frontage Road west of the Shell Station both sides of the Road, 100 spaces and Wendy’s Lot 75 Spaces x Employee rearview mirror hang tag, $100. Enables parking on the Frontage Road 5 days a week M-F for a Vail employee 20+hr/wk. Vanpool Spaces Any employee vanpool (vehicles with 5 or more commuters) registered with the Town of Vail can get either a free Pink pass or access for free parking to an outlying Lionshead Lot, or receive discounted guaranteed debit card spaces at the following discounted price of $8 and $15 for the non peak and peak periods. Free Outlying parking for all 7 a.m. to 11 p.m. All areas listed below are serviced by existing Town of Vail transportation system. Frequency varies from 15 min. during peak to 1 hr. non-peak. Available all days x Red Sandstone Park, 15 spaces x Stephens Park, 15 spaces x East Vail Interchange Trailhead, 12 spaces x Spraddle Creek Trailhead, 18 spaces x North Trail Trailhead, 6 spaces (Time Limited 2 hours) Available on non event days x Donovan Park, 70-90 spaces Available peak days or Saturdays and Sundays x North Frontage Road in West Vail Safeway, 80 spaces peak days x North Frontage Road in West Vail West of Shell, 100 spaces Sat. and Sun. x Wendy’s Lot, 75 spaces Sat. and Sun 5 - 1 - 7\n \n 10/20/2009\n 5 - 1 - 8\n \n 10/20/2009\n 5 - 1 - 9\n \n 10/20/2009\n 5 - 1 - 10\n \n 10/20/2009\n 5 - 1 - 11\n \n 10/20/2009\n 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department DATE: October 20, 2009 SUBJECT: First reading of Ordinance No. 22, Series of 2009, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical marijuana dispensaries as a conditional use in the Commercial Core III, Arterial Business, General Use and Commercial Service Center Districts, and setting forth details in regard thereto. Applicant: Town of Vail Planner: Rachel Friede I. DESCRIPTION OF THE REQUEST The applicant, Town of Vail, is requesting a first reading of Ordinance No. 22, Series of 2009, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical marijuana dispensaries as a conditional use in the Commercial Core III, Arterial Business, General Use and Commercial Service Center Districts, and setting forth details in regard thereto (see Attachment A). II. BACKGROUND In November 2000, Coloradoans passed Amendment 20 to the Colorado Constitution, legalizing the use of medical marijuana. Amendment 20 created an exception to the state’s criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana. Amendment 20 also created an exception to the state’s criminal laws for physicians to advise and authorize medical marijuana use for patients who have been diagnosed with debilitating medical conditions. While possession and use of medical marijuana is regulated by the State, the sale of medical marijuana is not regulated by the State. As a result, new businesses in the form of medical marijuana dispensaries (MMDs) are appearing under the interpretation that the business is a primary caregiver for those diagnosed with debilitating medical conditions. The State has deferred to local jurisdictions to regulate MMDs, typically through business licensing, nuisance and zoning regulations. On October 12, 2009, the Planning and Environmental Commission (PEC) held a hearing on the proposed text amendments (see Attachment B for Staff memorandum to the PEC). Because of the potentially controversial nature of this application, Staff sent a courtesy notice to 139 properties within and adjacent to the subject zone districts prior to the hearing. In response, Staff received two phone calls from adjacent property owners, both of which had no comment on the matter. At the PEC hearing, there was one public comment from Jim Lamont, which is included in the attached PEC minutes (see Attachment C). The PEC forwarded a recommendation of approval, with modifications, to the Vail Town Council, with a vote of 7-0-0. See Attachment A for the Staff memorandum to the PEC, dated October 12, 2009. The PEC approval included the following modifications, which are highlighted in Ordinance No. 22, Series of 2009: 1. Add medical marijuana dispensaries as a conditional use to the General Use (GU) District. 2. Change “50 feet” to “100 feet” in the following use specific criteria: “Medical Marijuana 6 - 1 - 1\n \n 10/20/2009\n 2 Dispensaries shall be located a minimum of fifty feet from any school or educational facility serving persons under eighteen (18) years of age or any other medical marijuana dispensary.” 3. Change “main entrances” to “all entrances” in the following use specific criteria: “Medical marijuana dispensaries shall install security surveillance cameras to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities.” 4. Change “at medical marijuana dispensaries” to “on-site” in the following use specific criteria: “Consumption of medical marijuana in any form is prohibited at medical marijuana dispensaries.” 5. Change “sale” to “distribution” in the following use specific criteria: “Growing and/or the sale of live marijuana plants is prohibited at medical marijuana dispensaries.” 6. Change “marijuana paraphernalia” to “drug paraphernalia” in the following use specific criteria: “Any signage that is visible to the public from roadways, pedestrian walkways or from other public areas shall not contain graphics of marijuana or marijuana paraphernalia.” III. ACTION REQUESTED The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 22, Series of 2009, upon first reading. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION On October 12, 2009, the Planning and Environmental Commission (PEC) unanimously forwarded a recommendation of approval, with modifications, to the Vail Town Council. Should the Vail Town Council choose to approve Ordinance No. 22, Series of 2009, the Community Development Department recommends the Council make the following motion: “Based upon the review of the criteria outlined in Section V of Staff’s October 12, 2009 memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council approves on first reading Ordinance No. 22, Series of 2009, an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical marijuana dispensaries as a conditional use in the Commercial Core III, Arterial Business, General Use and Commercial Service Center Districts, and setting forth details in regard thereto, with the following findings: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” V. ATTACHMENTS A. Ordinance No. 22, Series of 2009 B. PEC memo dated October 12, 2009 (Attachments A and C of this memo omitted) C. Excerpt of minutes from October 12, 2009 PEC meeting D. Maps of Districts in Consideration in Relation to Schools 6 - 1 - 2\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 1 ORDINANCE NO. 22 SERIES OF 2009 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, TO ALLOW MEDICAL MARIJUANA DISPENSARIES AS A CONDITIONAL USE IN THE COMMERCIAL CORE III, ARTERIAL BUSINESS, GENERAL USE AND COMMERCIAL SERVICE CENTER DISTRICTS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the voters of the State of Colorado affirmed the medical use of marijuana by approving Amendment 20 in November of 2000; and, WHEREAS, the intent of Amendment 20 was to enable persons who are in medical need of marijuana to be able to obtain and use it without fear of criminal prosecution; and, WHEREAS, the State of Colorado has not adopted regulations for medical marijuana dispensaries, instead deferring to local jurisdictions to adopt regulations; and, WHEREAS, the existing Town of Vail Zoning Regulations do not specifically address medical marijuana dispensaries, which are a hybrid of retail, medical office and pharmacy that caters to medical marijuana patients that are registered with the State of Colorado; and, WHEREAS, the Town of Vail needs to address regulation of medical marijuana dispensaries in order to ensure compliance with the Town’s comprehensive plans, ensure harmony among uses, and to protect the public health, safety and welfare; and, WHEREAS, on October 12, 2009, the Planning and Environmental Commission unanimously forwarded a recommendation of approval, with modifications, to the Vail Town Council for this ordinance; and WHEREAS, the Vail Town Council finds that the prescribed regulations amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and WHEREAS, the Vail Town Council finds that the prescribed regulations amendments further the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and ATTACHMENTA 6 - 1 - 3\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 2 WHEREAS, the Vail Town Council finds that the prescribed regulations amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Purpose: The purpose of this ordinance is to establish regulations for medical marijuana dispensaries, and allow them as a conditional use in the appropriate commercial zone districts. Section 2. Section 12-2-2, Vail Town Code is hereby amended as follows: Section 12-2-2: Definitions of Words and Terms: Medical Marijuana Dispensary: Any business that sells, distributes, transmits, gives, dispenses or otherwise provides medical marijuana, in accordance with the laws of the State of Colorado. Section 3. Section 12-7D-2, Vail Town Code is hereby amended as follows: Section 12-7D-2: CONDITIONAL USES: The following conditional uses shall be permitted in the commercial core 3 district, subject to issuance of a conditional use permit in accord with the provisions of chapter 16 of this title: Any use permitted by section 12-7D-1 of this article which is not conducted entirely within a building. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Brewpubs. Child daycare center. Commercial laundry and cleaning services, bulk plant. Commercial storage. Dog kennels. Drive-up facilities. Major arcades. Massage parlors. Medical Marijuana Dispensaries. Outside car wash. Pet shops. Public buildings, grounds, and facilities. Public park and recreation facilities. Public utility and public service uses. Radio and television signal relay transmission facilities. 6 - 1 - 4\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 3 Theaters, meeting rooms, and convention facilities. Transportation businesses. Section 4. Section 12-7E-4, Vail Town Code is hereby amended as follows: Section 12-7E-4: CONDITIONAL USES: The following conditional uses shall be permitted in the CSC district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7E-3 of this article, which is not conducted entirely within a building. Bed and breakfasts, as further regulated by section 12-14-18 of this title. Bowling alley. Brewpubs. Child daycare centers. Commercial laundry and cleaning services. Communications antennas and appurtenant equipment. Dog kennels. Major arcades. Medical Marijuana Dispensaries. Multiple-family residential dwellings and lodges. Outdoor operation of the accessory uses as set forth in section 12-7E-5 of this article. Private clubs. Private parking structures. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses. Ski lifts and tows. Theaters, meeting rooms, and convention facilities. Section 5. Section 12-7F-4, Vail Town Code is hereby amended as follows: Section 12-7F-4: CONDITIONAL USES: A. Enumerated: The following conditional uses shall be permitted in the arterial business district, subject to the issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Any use permitted by section 12-7F-3 of this article, which is not conducted entirely within a building. Bed and breakfasts, as further provided by section 12-14-18 of this title. Brewpubs. Child daycare centers. Communications antennas and appurtenant equipment. Medical Marijuana Dispensaries. Microbreweries. Private unstructured parking. Public buildings, grounds and facilities. Public park and recreation facilities. Public utility and public service uses, including screened outside storage. Service yards. Transportation businesses. 6 - 1 - 5\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 4 Section 6. Section 12-9C-3, Vail Town Code is hereby amended as follows: 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU district, subject to issuance of a conditional use permit in accordance with the provisions of chapter 16 of this title: Child daycare centers. Equestrian trails. Golf courses. Healthcare facilities. Helipad for emergency and/or community use. Major arcades. Medical marijuana dispensaries. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. Public and private schools. Public and quasi-public indoor community facilities. Public buildings and grounds. Public parking structure. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Public transportation terminals. Public unstructured parking. Public utility and public service uses. Religious institutions. Seasonal structures or uses to accommodate educational, recreational or cultural activities. Ski lifts, tows and runs. Water and sewage treatment plants. Section 7. Section 12-16-7, Vail Town Code is hereby amended as follows: Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS: The following criteria and standards shall be applicable to the uses listed below in consideration of a conditional use permit. These criteria and standards shall be in addition to the criteria and findings required by section 12-16-6 of this chapter. A. Uses And Criteria: 17. Medical Marijuana Dispensaries: A. Location: Medical Marijuana Dispensaries shall be located a minimum of one hundred (100) feet from any school or educational facility serving persons under eighteen (18) years of age or any other medical marijuana dispensary. The distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. B. On-Site Restrictions: a. Medical marijuana dispensaries shall conduct all business activities indoors. Outdoor display of goods is prohibited. 6 - 1 - 6\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 5 b. Consumption of medical marijuana in any form is prohibited on site. c. Growing and/or the distribution of live marijuana plants is prohibited at medical marijuana dispensaries. d. Processing of medical marijuana into any derivative product, including but not limited to cooking, baking and purification, is prohibited on site. e. Medical marijuana or associated products shall not be visible from outside of the business. C. Signs: a. Business identification signs shall be limited to one (1) sign with a maximum area of up to six (6) square feet. b. Medical Marijuana Dispensaries shall not cover any portion of windows of the business, except with window signs, as further regulated by Title 11, Sign Regulations c. Signage, decoration and other print materials that are visible to the public from roadways, pedestrian walkways, common areas or from other public areas shall not contain graphics of marijuana or drug paraphernalia. D. Security: a. Medical marijuana dispensaries shall install security surveillance cameras to monitor all entrances and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities. Security video shall be preserved for at least 72 hours. b. Medical marijuana dispensaries shall install professionally monitored alarm systems, which shall be maintained in good working condition. Section 8. 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 9. 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 10. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or 6 - 1 - 7\n \n 10/20/2009\n Ordinance No. 22, Series of 2009 6 proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20th day of October, 2009, and a public hearing for second reading of this Ordinance set for the 3rd day of November 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 6 - 1 - 8\n \n 10/20/2009\n 7 MEMORANDUM TO: Planning and Environmental Commission FROM: Community Development Department DATE: October 12, 2009 SUBJECT: A request for a final recommendation to the Vail Town Council on prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land use in specific zone districts, and setting forth details in regard thereto. (PEC090030) Applicant: Town of Vail Planner: Rachel Friede I. SUMMARY The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town Council for prescribed regulations amendments (Ordinance No. 22, Series of 2009) pursuant to Section 12-3-7, Amendment, Vail Town Code, for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries (MMD) as a land use in specific zone districts, and setting forth details in regard thereto. Based upon Staff’s review of the criteria outlined in Section V of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Commission forward a recommendation of approval, with the findings noted in Section VI of this memorandum. II. BACKGROUND In November, 2000, Coloradoans passed Amendment 20 to the Colorado Constitution, legalizing the use of medical marijuana. Amendment 20 created an exception to the state’s criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana. Amendment 20 also created an exception to the state’s criminal laws for physicians to advise and authorize medical marijuana use for patients who have been diagnosed with debilitating medical conditions. While possession and use of medical marijuana is regulated by the State, the sale of medical marijuana is not regulated by the State. As a result, new businesses in the form of medical marijuana dispensaries (MMDs) are appearing under the interpretation that the business is a primary caregiver for those diagnosed with debilitating medical conditions. The State has deferred to local jurisdictions to regulate MMDs, typically through business licensing, nuisance and zoning regulations. Unlike sexually oriented businesses, which operate under the first amendment right to freedom of speech within the U.S. Constitution, there is no constitutional right to operate a medical marijuana dispensary. To the contrary, the operation of such facilities is the result of an interpretive loophole within the Colorado Constitution, rather than any express U.S. ATTACHMENTB 6 - 1 - 9\n \n 10/20/2009\n 8 constitutional or statutory authority. It is the right to use medical marijuana that is protected under the Colorado Constitution. III. DESCRIPTION OF REQUEST Title 12, Zoning Regulations, Vail Town Code, does not specifically address MMDs, which are a hybrid of retail, pharmacy and medical office. Because the land use is not listed within any zone district in the Town of Vail, it is thereby not permitted. However, pursuant to Section 12-3-4, Determination of Similar Use, Vail Town Code, an applicant could request that the Vail Town Council make a determination that MMDs are a similar use to a land use listed within the regulations. Because of the recent increase in MMDs in the region, the Town of Vail has identified this as an issue that needs to be addressed. There are three courses of action that the Town of Vail could take to address MMDs: 1. No changes to the Vail Town Code, which would effectively ban medical marijuana dispensaries within the Town; or 2. Amend the Vail Town Code to allow medical marijuana dispensaries anywhere within the Town; or 3. Amend the Vail Town Code to define, permit and regulate medical marijuana dispensaries within appropriate zone districts within the Town of Vail. The purpose of the proposed Ordinance No. 22, Series of 2009 is to take the third listed course of action and proactively address MMDs through amendments to Title 12, Zoning Regulations, Vail Town Code. There have been numerous inquiries to the Community Development Department regarding MMDs by parties interested in opening these businesses in Vail. New businesses contribute sales tax and provide additional economic benefits to the community. MMDs could be a compatible use, and Staff examined all zone district characteristics to determine which zone districts would be appropriate for this use. Because of the resort community nature of the Town of Vail, certain zone districts were deemed inappropriate for this use. Staff determined that the most appropriate zone districts for MMDs are the Commercial Core III, Arterial Business and Commercial Service Center Districts. The purpose statements and underlying land use of these districts lends support for the additional of MMDs as a conditional use, as is further discussed in Section V of this memorandum. The proposed text amendments are included in the draft Ordinance No. 22, Series of 2009, which is found in Attachment A. The regulations provide a definition of medical marijuana dispensaries and allow MMDs as a conditional use in Commercial Core III (CC3), Commercial Service Center (CSC), and Arterial Business (ABD) Districts. Use specific criteria are also established for MMDs, including the regulation of distance from schools, distance from each other, signage, security, and business practices. Zone District Maps are included in Attachment C for reference. IV. APPLICABLE DOCUMENTS TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE (IN PART): 12-1-2: PURPOSE A. General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the Town, and to promote the coordinated and harmonious development of the Town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 6 - 1 - 10\n \n 10/20/2009\n 9 B. Specific: These regulations are intended to achieve the following more specific purposes: 1. To provide for adequate light, air, sanitation, drainage, and public facilities. 2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other dangerous conditions. 3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen congestion in the streets. 4. To promote adequate and appropriately located off street parking and loading facilities. 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. 7. To prevent excessive population densities and overcrowding of the land with structures. 8. To safeguard and enhance the appearance of the town. 9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural features. 10. To assure adequate open space, recreation opportunities, and other amenities and facilities conducive to desired living quarters. 11. To otherwise provide for the growth of an orderly and viable community. ARTICLE 12-7E. COMMERCIAL SERVICE CENTER (CSC) DISTRICT 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 dwelling and lodge uses as may be appropriate without interfering with the basic commercial functions of the zone 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. ARTICLE 12-7F: ARTERIAL BUSINESS (ABD) DISTRICT 12-7F-1: PURPOSE: The arterial business district is intended to provide sites for office space, public utilities, service stations, limited light industry having no adverse environmental impacts that provides significant on site tourist amenities and limited shopping and commercial facilities serving the town and Upper Eagle Valley residents and guests. Multiple-family dwellings for use as employee housing will be appropriate under specific circumstances. The arterial business district is intended to ensure adequate light, air, open space, and other amenities appropriate to permitted and conditional types of buildings and uses, and to maintain a convenient (limited) shopping, business, service, and residential environment. CHAPTER 12-16: CONDITIONAL USE PERMITS 12-16-6: CRITERIA; FINDINGS: A. Factors Enumerated: Before acting on a conditional use permit application, the planning and environmental commission shall consider the following factors with respect to the proposed use: 1. Relationship and impact of the use on development objectives of the town. 2. Effect of the use on light and air, distribution of population, transportation facilities, utilities, schools, parks and recreation facilities, and other public facilities and public facilities needs. 3. Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety and convenience, traffic flow and control, access, maneuverability, and removal of snow from the streets and parking areas. 6 - 1 - 11\n \n 10/20/2009\n 10 4. Effect upon the character of the area in which the proposed use is to be located, including the scale and bulk of the proposed use in relation to surrounding uses. 5. Such other factors and criteria as the commission deems applicable to the proposed use. 6. The environmental impact report concerning the proposed use, if an environmental impact report is required by chapter 12 of this title. B. Necessary Findings: The planning and environmental commission shall make the following findings before granting a conditional use permit: 1. That the proposed location of the use is in accordance with the purposes of this title and the purposes of the zone district in which the site is located. 2. That the proposed location of the use and the conditions under which it would be operated or maintained will not be detrimental to the public health, safety, or welfare, or materially injurious to properties or improvements in the vicinity. 3. That the proposed use will comply with each of the applicable provisions of this title VAIL LAND USE PLAN (IN PART) Community Commercial: This area includes activities aimed at accommodating the overnight and short-term visitor to the area. Primary uses include hotels, lodges, service stations, and parking structures (with densities up to 25 dwelling units or 50 accommodation units per buildable acre). These areas are oriented toward vehicular access from I-70, with other support commercial and business services included. Also allowed in this category, would be institutional uses and various municipal uses. Community Office: This area is to include primarily office uses of all types. Some limited commercial uses, such as retail businesses; including general merchandise, apparel and accessories and auto service facilities would also be permitted. V. REVIEW CRITERIA 1. The extent to which the text amendment furthers the general and specific purposes of the Zoning Regulations; and The proposed text amendments provide a medical land use within the Town of Vail, thus furthering the general purpose of the Zoning Regulations of “promoting the health, safety, morals, and general welfare of the Town.” By addressing the allowable zone districts for this use, the text amendments also further the general purpose “to promote the coordinated and harmonious development of the Town.” The specific purpose of securing safety from dangerous conditions is addressed by the use specific criteria that requires security on site. The specific purpose to “conserve and maintain established community qualities and economic values” is met by the use specific criteria that safeguards the community from any undesirable qualities and follows economic values of expanding types of businesses and land uses. The use specific criteria regulating signage and advertisements aims to “safeguard and enhance the appearance of the Town” another specific purpose. The introduction of the use itself provides new business opportunity and new services for the community, which furthers the specific purposes of assuring adequate amenities and “to otherwise provide for the growth of an orderly and viable community.” 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 6 - 1 - 12\n \n 10/20/2009\n 11 By addressing MMDs through regulations, the text amendments provide controlled growth of land uses and ensure that this land use is in appropriate locations. This better achieves the goal of the Land Use Plan stating, “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.” Since the proposed regulations require that MMDs be located in specific commercial and business districts, the amendments help to achieve another goal in the Land Use Plan, which is that “commercial growth should be concentrated in existing commercial areas to accommodate both local and visitor needs.” 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The adoption of Amendment 20 to the State of Colorado Constitution in 2000 set the stage for allowing MMDs through legal loopholes. Recently, at least five MMDs have opened in Eagle County. At least four different entities have expressed interest in opening MMDs in Vail. The proposed text amendments are a direct result of these changes to conditions, and reflect the Town’s efforts to be proactive in this changing environment. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives. Staff believes the text amendments provide a harmonious, convenient and workable relationship about land use regulations because the districts selected to include MMDs are appropriate and compatible with this use. While the Commercial Core 3 (CC3) District does not have a purpose statement, the District as a whole is the sole location of the Community Commercial designation in the Vail Land Use Plan. The Community Commercial designation includes commercial serving the local community. The CC3 District and Community Commercial designation encompass the properties in West Vail from the Brandess Building along the Frontage Road to 7-11 plus the Chamonix property. Allowed land uses in this district include a wide variety of commercial activities, such as offices, retail, supermarket, restaurant and banks. MMDs as a land use are appropriate for this zone district and the underlying land use designation. The purpose statement of the Arterial Business District (ABD) includes references to providing for offices that serve the local and tourist community. The underlying land use designation of the entire ABD is Community Office. This designation includes both properties zoned ABD as well as the Glen Lyon Office Building across the street. Because MMDs are a hybrid of existing uses including office, it would be an appropriate land use for this district and land use designation. The Commercial Service Center District consists of three properties, including Solaris, US Bank Building, and the Gateway Building. All three properties are also Special Development Districts that rely on underlying zoning for allowable land uses. All three properties include office space, and the US Bank Building includes a bank and medical offices. The purpose of the Commercial Service Center District is to provide for commercial with limited residential uses. Medical marijuana dispensaries would be appropriate in the Commercial Service Center District because of the concentration on commercial and not residential uses. The use specific criteria that requires MMDs to be located a minimum of 50 feet from schools ensures that the MMDs will not conflict with incompatible land uses within the 6 - 1 - 13\n \n 10/20/2009\n 12 same zone district. Required distances between two MMDs provides a safeguard that this use will not overpower other uses, thus maintaining a workable relationship among all land uses. Distances between MMDs and schools will be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each business. Attachment C includes a map that depicts schools and distances to the zone districts in consideration for MMDs. 5. Such other factors and criteria the Commission and/or Council deem applicable to the proposed text amendment. VI. STAFF RECOMMENDATION The Community Development Department recommends the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for prescribed regulations amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land use in specific zone districts, and setting forth details in regard thereto. Should the Planning and Environmental Commission choose to forward a recommendation of approval of this request, the Community Development Department recommends the Commission pass the following motion: “Based upon the review of the criteria outlined in Section V of Staff’s October 12, 2009 memorandum and the evidence and testimony presented, the Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land use in specific zone districts, and setting forth details in regard thereto, with the following findings: 4. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 5. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 6. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality.” VII. ATTACHMENTS A. Ordinance No. 22, Series of 2009 B. Amendment 20: State of Colorado Regulations on Medical Marijuana C. Relevant Maps D. Robbins, Rohn. “Vail law: Colorado's medical marijuana laws: Use of medical marijuana in Vail and Colorado is narrowly defined.” Vail Daily, 9/29/09 6 - 1 - 14\n \n 10/20/2009\n Ordinance No. 22, Series of 20091 ATTACHMENT A OMITTED FOR TOWN COUNCIL MEMO ATTACHMENT ORDINANCE NO. 22, SERIES OF 2009 IS IN ATTACHMENT A OF THE TOWN COUNCIL MEMO. 6 - 1 - 15\n \n 10/20/2009\n 1 Colorado Amendment 20 Ballot Title: An amendment to the Colorado Constitution authorizing the medical use of marijuana for persons suffering from debilitating medical conditions, and, in connection therewith, establishing an affirmative defense to Colorado criminal laws for patients and their primary care-givers relating to the medical use of marijuana; establishing exceptions to Colorado criminal laws for patients and primary care-givers in lawful possession of a registry identification card for medical marijuana use and for physicians who advise patients or provide them with written documentation as to such medical marijuana use; defining "debilitating medical condition" and authorizing the state health agency to approve other medical conditions or treatments as debilitating medical conditions; requiring preservation of seized property interests that had been possessed, owned, or used in connection with a claimed medical use of marijuana and limiting forfeiture of such interests; establishing and maintaining a confidential state registry of patients receiving an identification card for the medical use of marijuana and defining eligibility for receipt of such a card and placement on the registry; restricting access to information in the registry; establishing procedures for issuance of an identification card; authorizing fees to cover administrative costs associated with the registry; specifying the form and amount of marijuana a patient may possess and restrictions on its use; setting forth additional requirements for the medical use of marijuana by patients less than eighteen years old; directing enactment of implementing legislation and criminal penalties for certain offenses; requiring the state health agency designated by the governor to make application forms available to residents of Colorado for inclusion on the registry; limiting a health insurer's liability on claims relating to the medical use of marijuana; and providing that no employer must accommodate medical use of marijuana in the workplace. Text of Constitutional Amendment: Be it Enacted by the People of the State of Colorado: AN AMENDMENT TO THE CONSTITUTION OF THE STATE OF COLORADO, AMENDING ARTICLE XVIII, ADDING A NEW SECTION TO READ: Section 14. Medical use of marijuana for persons suffering from debilitating medical conditions. (1) As used in this section, these terms are defined as follows. (a) "Debilitating medical condition" means: (I) Cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome, or treatment for such conditions; (II) A chronic or debilitating disease or medical condition, or treatment for such conditions, which produces, for a specific patient, one or more of the following, and for which, in the professional opinion of the patient's physician, such condition or conditions reasonably may be alleviated by the medical use of marijuana: cachexia; severe pain; severe nausea; seizures, including those that are characteristic of epilepsy; or persistent muscle spasms, including those that are characteristic of multiple sclerosis; or (III) Any other medical condition, or treatment for such condition, approved by the state health agency, pursuant to its rule making authority or its approval of any petition submitted by a patient or physician as provided in this section. (b) "Medical use" means the acquisition, possession, production, use, or transportation of PEC-ATTACHMENTB 6 - 1 - 16\n \n 10/20/2009\n 2 marijuana or paraphernalia related to the administration of such marijuana to address the symptoms or effects of a patient's debilitating medical condition, which may be authorized only after a diagnosis of the patient's debilitating medical condition by a physician or physicians, as provided by this section. (c) "Parent" means a custodial mother or father of a patient under the age of eighteen years, any person having custody of a patient under the age of eighteen years, or any person serving as a legal guardian for a patient under the age of eighteen years. (d) "Patient" means a person who has a debilitating medical condition. (e) "Physician" means a doctor of medicine who maintains, in good standing, a license to practice medicine issued by the state of Colorado. (f) "Primary care-giver" means a person, other than the patient and the patient's physician, who is eighteen years of age or older and has significant responsibility for managing the well-being of a patient who has a debilitating medical condition. (g) "Registry identification card" means that document, issued by the state health agency, which identifies a patient authorized to engage in the medical use of marijuana and such patient's primary care-giver, if any has been designated. (h) "State health agency" means that public health related entity of state government designated by the governor to establish and maintain a confidential registry of patients authorized to engage in the medical use of marijuana and enact rules to administer this program. (i) "Usable form of marijuana" means the seeds, leaves, buds, and flowers of the plant (genus) cannabis, and any mixture or preparation thereof, which are appropriate for medical use as provided in this section, but excludes the plant's stalks, stems, and roots. (j) "Written documentation" means a statement signed by a patient's physician or copies of the patient's pertinent medical records. (2) (a) Except as otherwise provided in subsections (5), (6), and (8) of this section, a patient or primary care-giver charged with a violation of the state's criminal laws related to the patient's medical use of marijuana will be deemed to have established an affirmative defense to such allegation where: (I) The patient was previously diagnosed by a physician as having a debilitating medical condition; (II) The patient was advised by his or her physician, in the context of a bona fide physician-patient relationship, that the patient might benefit from the medical use of marijuana in connection with a debilitating medical condition; and (III) The patient and his or her primary care-giver were collectively in possession of amounts of marijuana only as permitted under this section. This affirmative defense shall not exclude the assertion of any other defense where a patient or primary care-giver is charged with a violation of state law related to the patient's medical use of marijuana. 6 - 1 - 17\n \n 10/20/2009\n 3 (b) Effective June 1, 1999, it shall be an exception from the state's criminal laws for any patient or primary care-giver in lawful possession of a registry identification card to engage or assist in the medical use of marijuana, except as otherwise provided in subsections (5) and (8) of this section. (c) It shall be an exception from the state's criminal laws for any physician to: (I) Advise a patient whom the physician has diagnosed as having a debilitating medical condition, about the risks and benefits of medical use of marijuana or that he or she might benefit from the medical use of marijuana, provided that such advice is based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship; or (II) Provide a patient with written documentation, based upon the physician's contemporaneous assessment of the patient's medical history and current medical condition and a bona fide physician-patient relationship, stating that the patient has a debilitating medical condition and might benefit from the medical use of marijuana. No physician shall be denied any rights or privileges for the acts authorized by this subsection. (d) Notwithstanding the foregoing provisions, no person, including a patient or primary care- giver, shall be entitled to the protection of this section for his or her acquisition, possession, manufacture, production, use, sale, distribution, dispensing, or transportation of marijuana for any use other than medical use. (e) Any property interest that is possessed, owned, or used in connection with the medical use of marijuana or acts incidental to such use, shall not be harmed, neglected, injured, or destroyed while in the possession of state or local law enforcement officials where such property has been seized in connection with the claimed medical use of marijuana. Any such property interest shall not be forfeited under any provision of state law providing for the forfeiture of property other than as a sentence imposed after conviction of a criminal offense or entry of a plea of guilty to such offense. Marijuana and paraphernalia seized by state or local law enforcement officials from a patient or primary care-giver in connection with the claimed medical use of marijuana shall be returned immediately upon the determination of the district attorney or his or her designee that the patient or primary care-giver is entitled to the protection contained in this section as may be evidenced, for example, by a decision not to prosecute, the dismissal of charges, or acquittal. (3) The state health agency shall create and maintain a confidential registry of patients who have applied for and are entitled to receive a registry identification card according to the criteria set forth in this subsection, effective June 1, 1999. (a) No person shall be permitted to gain access to any information about patients in the state health agency's confidential registry, or any information otherwise maintained by the state health agency about physicians and primary care-givers, except for authorized employees of the state health agency in the course of their official duties and authorized employees of state or local law enforcement agencies which have stopped or arrested a person who claims to be engaged in the medical use of marijuana and in possession of a registry identification card or its functional equivalent, pursuant to paragraph (e) of this subsection (3). Authorized employees of state or local law enforcement agencies shall be granted access to the information contained within the state health agency's confidential registry only for the purpose of verifying that an individual who has presented a registry identification card to a state or local law enforcement 6 - 1 - 18\n \n 10/20/2009\n 4 official is lawfully in possession of such card. (b) In order to be placed on the state's confidential registry for the medical use of marijuana, a patient must reside in Colorado and submit the completed application form adopted by the state health agency, including the following information, to the state health agency: (I) The original or a copy of written documentation stating that the patient has been diagnosed with a debilitating medical condition and the physician's conclusion that the patient might benefit from the medical use of marijuana; (II) The name, address, date of birth, and social security number of the patient; (III) The name, address, and telephone number of the patient's physician; and (IV) The name and address of the patient's primary care-giver, if one is designated at the time of application. (c) Within thirty days of receiving the information referred to in subparagraphs (3)(b)(I)-(IV), the state health agency shall verify medical information contained in the patient's written documentation. The agency shall notify the applicant that his or her application for a registry identification card has been denied if the agency's review of such documentation discloses that: the information required pursuant to paragraph (3)(b) of this section has not been provided or has been falsified; the documentation fails to state that the patient has a debilitating medical condition specified in this section or by state health agency rule; or the physician does not have a license to practice medicine issued by the state of Colorado. Otherwise, not more than five days after verifying such information, the state health agency shall issue one serially numbered registry identification card to the patient, stating: (I) The patient's name, address, date of birth, and social security number; (II) That the patient's name has been certified to the state health agency as a person who has a debilitating medical condition, whereby the patient may address such condition with the medical use of marijuana; (III) The date of issuance of the registry identification card and the date of expiration of such card, which shall be one year from the date of issuance; and (IV) The name and address of the patient's primary care-giver, if any is designated at the time of application. (d) Except for patients applying pursuant to subsection (6) of this section, where the state health agency, within thirty-five days of receipt of an application, fails to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. Receipt shall be deemed to have occurred upon delivery to the state health agency, or deposit in the United States mails. Notwithstanding the foregoing, no application shall be deemed received prior to June 1, 1999. A patient who is questioned by any state or local law enforcement official about his or her medical use of marijuana shall provide a copy of the application submitted to the state health agency, including the written documentation and proof of the date of mailing or other transmission of the written documentation for delivery to the state health agency, which shall be accorded the same legal effect as a registry identification card, until such time as the patient receives notice that the application has been denied. 6 - 1 - 19\n \n 10/20/2009\n 5 (e) A patient whose application has been denied by the state health agency may not reapply during the six months following the date of the denial and may not use an application for a registry identification card as provided in paragraph (3)(d) of this section. The denial of a registry identification card shall be considered a final agency action. Only the patient whose application has been denied shall have standing to contest the agency action. (f) When there has been a change in the name, address, physician, or primary care-giver of patient who has qualified for a registry identification card, that patient must notify the state health agency of any such change within ten days. A patient who has not designated a primary care-giver at the time of application to the state health agency may do so in writing at any time during the effective period of the registry identification card, and the primary care-giver may act in this capacity after such designation. To maintain an effective registry identification card, a patient must annually resubmit, at least thirty days prior to the expiration date stated on the registry identification card, updated written documentation to the state health agency, as well as the name and address of the patient's primary care-giver, if any is designated at such time. (g) Authorized employees of state or local law enforcement agencies shall immediately notify the state health agency when any person in possession of a registry identification card has been determined by a court of law to have willfully violated the provisions of this section or its implementing legislation, or has pled guilty to such offense. (h) A patient who no longer has a debilitating medical condition shall return his or her registry identification card to the state health agency within twenty-four hours of receiving such diagnosis by his or her physician. (i) The state health agency may determine and levy reasonable fees to pay for any direct or indirect administrative costs associated with its role in this program. (4) (a) A patient may engage in the medical use of marijuana, with no more marijuana than is medically necessary to address a debilitating medical condition. A patient's medical use of marijuana, within the following limits, is lawful: (I) No more than two ounces of a usable form of marijuana; and (II) No more than six marijuana plants, with three or fewer being mature, flowering plants that are producing a usable form of marijuana. (b) For quantities of marijuana in excess of these amounts, a patient or his or her primary care- giver may raise as an affirmative defense to charges of violation of state law that such greater amounts were medically necessary to address the patient's debilitating medical condition. (5) (a) No patient shall: (I) Engage in the medical use of marijuana in a way that endangers the health or well- being of any person; or (II) Engage in the medical use of marijuana in plain view of, or in a place open to, the general public. (b) In addition to any other penalties provided by law, the state health agency shall revoke for a 6 - 1 - 20\n \n 10/20/2009\n 6 period of one year the registry identification card of any patient found to have willfully violated the provisions of this section or the implementing legislation adopted by the general assembly. (6) Notwithstanding paragraphs (2)(a) and (3)(d) of this section, no patient under eighteen years of age shall engage in the medical use of marijuana unless: (a) Two physicians have diagnosed the patient as having a debilitating medical condition; (b) One of the physicians referred to in paragraph (6)(a) has explained the possible risks and benefits of medical use of marijuana to the patient and each of the patient's parents residing in Colorado; (c) The physicians referred to in paragraph (6)(b) has provided the patient with the written documentation, specified in subparagraph (3)(b)(I); (d) Each of the patient's parents residing in Colorado consent in writing to the state health agency to permit the patient to engage in the medical use of marijuana; (e) A parent residing in Colorado consents in writing to serve as a patient's primary care-giver; (f) A parent serving as a primary care-giver completes and submits an application for a registry identification card as provided in subparagraph (3)(b) of this section and the written consents referred to in paragraph (6)(d) to the state health agency; (g) The state health agency approves the patient's application and transmits the patient's registry identification card to the parent designated as a primary care-giver; (h) The patient and primary care-giver collectively possess amounts of marijuana no greater than those specified in subparagraph (4)(a)(I) and (II); and (i) The primary care-giver controls the acquisition of such marijuana and the dosage and frequency of its use by the patient. (7) Not later than March 1, 1999, the governor shall designate, by executive order, the state health agency as defined in paragraph (1)(g) of this section. (8) Not later than April 30, 1999, the General Assembly shall define such terms and enact such legislation as may be necessary for implementation of this section, as well as determine and enact (a) Fraudulent representation of a medical condition by a patient to a physician, state health agency, or state or local law enforcement official for the purpose of falsely obtaining a registry identification card or avoiding arrest and prosecution; (b) Fraudulent use or theft of any person's registry identification card to acquire, possess, produce, use, sell, distribute, or transport marijuana, including but not limited to cards that are required to be returned where patients are no longer diagnosed as having a debilitating medical condition; (c) Fraudulent production or counterfeiting of, or tampering with, one or more registry identification cards; or 6 - 1 - 21\n \n 10/20/2009\n 7 (d) Breach of confidentiality of information provided to or by the state health agency. (9) Not later than June 1, 1999, the state health agency shall develop and make available to residents of Colorado an application form for persons seeking to be listed on the confidential registry of patients. By such date, the state health agency shall also enact rules of administration, including but not limited to rules governing the establishment and confidentiality of the registry, the verification of medical information, the issuance and form of registry identification cards, communications with law enforcement officials about registry identification cards that have been suspended where a patient is no longer diagnosed as having a debilitating medical condition, and the manner in which the agency may consider adding debilitating medical conditions to the list provided in this section. Beginning June 1, 1999, the state health agency shall accept physician or patient initiated petitions to add debilitating medical conditions to the list provided in this section and, after such hearing as the state health agency deems appropriate, shall approve or deny such petitions within one hundred eighty days of submission. The decision to approve or deny a petition shall be considered a final agency action. (10) (a) No governmental, private, or any other health insurance provider shall be required to be liable for any claim for reimbursement for the medical use of marijuana. (b) Nothing in this section shall require any employer to accommodate the medical use of marijuana in any work place. (11) Unless otherwise provided by this section, all provisions of this section shall become effective upon official declaration of the vote hereon by proclamation of the governor, pursuant to article V, section (1)(4), and shall apply to acts or offenses committed on or after that date. 6 - 1 - 22\n \n 10/20/2009\n ATTACHMENT C OMITTED FOR TOWN COUNCIL MEMO ATTACHMENT UPDATED MAPS INCLUDED IN ATTACHMENT D OF TOWN COUNCIL MEMO. 6 - 1 - 23\n \n 10/20/2009\n 1 Vail law: Colorado's medical marijuana laws Use of medical marijuana in Vail and Colorado is narrowly defined By Rohn Robbins Vail, CO Colorado Printed in the Vail Daily on September 29, 2009 VAIL, Colorado — Pot dispensaries have come to Colorado's Vail Valley. Some may argue these dispensaries make it an even happier place. But that misses the point. The pot in those dispensaries, while just as capable of happy-making as any other pot, is for medical purposes only. Got that? No sniggering allowed. While debate may yet rage over the medicinal benefits of marijuana, the fact remains that medicinal use of marijuana is perfectly legal in Colorado. Its use, however, is narrowly confined. Treating a ‘debilitating condition' Following ratification by the voters in November of 2000, Colorado's medical marijuana law was adopted Dec. 28, 2000 and is found in Article 18, Section 14 of the Colorado State Constitution. The law's formal title is "Medical use of marijuana for person suffering from debilitating medical conditions." The title speaks volumes about the limitations of its legal use. "Debilitating condition" is limited to cancer, glaucoma, AIDS/HIV-positive, or other chronic diseases or medical conditions for which the medicinal use of marijuana produces alleviation of wasting, pain, nausea, seizures, or persistent muscle spasms. The patient's physician must certify that the patient's symptoms may "reasonably" be ameliorated by the use of marijuana. "Medical use" is also specifically defined and contemplates that marijuana may be acquired, produced, possessed and used only in relation to a patient's illness after diagnosis by the patient's physician. The physician must be in good standing and licensed to practice medicine in Colorado. The relationship between the doctor and the patient must be genuine. Possession and use of marijuana for medical purposes is an exception from the state's criminal laws, and unless all criteria of its use for medical purposes are met, the patient and/or the patient's primary care-giver may be charged with one or more crimes. Neither the doctor prescribing medical marijuana nor the patient (and/or primary care-giver) will be exempt from criminal prosecution if the acquisition, possession, manufacture, use, distribution or sale is for any reason other than legitimate medical use. Who qualifies? The state health agency maintains a confidential registry of patients who have applied for, and are entitled to receive, a registry identification card. Criteria to qualify for the card include residency within the Colorado and completion of the form adopted by the state. The form requires identifying information about both the patient and physician. State officials must verify the medical information within 30 days of receiving the form. The application may be denied if the information has not been provided or is falsified; the documentation fails to state that the patient has a debilitating medical condition; the condition does not qualify; or the physician does not have a valid license to practice in the state. If the patient qualifies, the state has five days to issue a registry card. PEC-Attachment D 6 - 1 - 24\n \n 10/20/2009\n 2 Besides identifying information about the patient, and certification by the state health agency that the person qualifies for the card, the card contains both the date of issuance and its expiration — one year from the date of issue. A patient who is questioned by law enforcement about his use of marijuana must provide his card. A patient may not reapply for at least six months if his or her application is denied. If the agency fails to either deny the application or issue a registry card within 35 days after the application is submitted, the application is deemed to have been approved. If questioned by law enforcement, the patient must provide a copy of his application, including the written documentation and proof of the date of mailing or other delivery to the state health agency. In these circumstances, the application will be accorded the same legal effect as a registry identification card, until, at least, the patient receives notice that the application has been denied. An approved patient may use marijuana, but only in a “medically necessary” amount. That means he may possess no more than two ounces in useable form and have no more than six marijuana plants with three or fewer being mature, flowering plants. The patient may not use marijuana openly or in public. Any person who commits fraud in representing a medical condition to a physician, the department of health, or a state or local law enforcement official for the purpose of falsely obtaining a marijuana registry card, or for the purpose of avoiding arrest and prosecution for a marijuana-related offense, commits a class 1 misdemeanor. Similarly, the fraudulent production, counterfeiting or tampering with a registry card is a class 1 misdemeanor. While perhaps controversial, there are those who sing the praises and medicinal virtues of marijuana. In any event, those who seek medical marijuana must ensure that they comply with the procedures and conditions of its possession and its use. Rohn K. Robbins is an attorney licensed before the Bars of Colorado and California who practices in the Vail Valley. 6 - 1 - 25\n \n 10/20/2009\n 1 EXCERPT FROM PLANNING AND ENVIRONMENTAL COMMISSION RESULTS October 12, 2009, 1:00pm TOWN COUNCIL CHAMBERS / PUBLIC WELCOME 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Michael Kurz None Bill Pierce Rollie Kjesbo Dave Viele Scott Lindall Susie Tjossem Sarah Paladino 1. A request for a final recommendation to the Vail Town Council on prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code for amendments to Title 12, Zoning Regulations, Vail Town Code, to allow for medical marijuana dispensaries as a land use in specific zone districts, and setting for details in regard thereto. (PEC090030) Applicant: Town of Vail Planner: Rachel Friede ACTION: Recommendation of approval MOTION: Kjesbo SECOND: Kurz VOTE: 7-0-0 CONDITIONS: 1. Add medical marijuana dispensaries as a conditional use to the General Use (GU) District. 2. Change “50 feet” to “100 feet” in the following use specific criteria: “Medical Marijuana Dispensaries shall be located a minimum of fifty feet from any school or educational facility serving persons under eighteen (18) years of age or any other medical marijuana dispensary.” 3. Change “main entrances” to “all entrances” in the following use specific criteria: “Medical marijuana dispensaries shall install security surveillance cameras to monitor the main entrance and the exterior of the premises to discourage and to facilitate the reporting of criminal acts as well as nuisance activities.” 4. Change “at medical marijuana dispensaries” to “on-site” in the following use specific criteria: “Consumption of medical marijuana in any form is prohibited at medical marijuana dispensaries.” 5. Change “sale” to “distribution” in the following use specific criteria: “Growing and/or the sale of live marijuana plants is prohibited at medical marijuana dispensaries.” 6. Change “marijuana paraphernalia” to “drug paraphernalia” in the following use specific criteria: “Any signage that is visible to the public from roadways, pedestrian walkways or from other public areas shall not contain graphics of marijuana or marijuana paraphernalia.” Rachel Friede gave a presentation on the proposed addition of medical marijuana dispensaries (MMDs) as a new land use per the staff memorandum. Ms. Friede covered all the proposed amendments to allow for MMDs in certain zone districts. Jim Lamont, Vail Homeowners Association, asked whether the Town is obligated to allow MMDs in the Town of Vail. Rachel Friede responded that the Town is not obligated to allow this use. Mr. Lamont asked what other similar communities have enacted ordinances to permit MMDs. Ms. Friede responded that similar regulations have been passed in Breckenridge, ATTACHMENTC 6 - 1 - 26\n \n 10/20/2009\n 2 Glenwood Springs, Commerce City and Northglenn. She also noted that Aspen has chosen not to regulate MMDs but is allowing them as a pharmacy. Mr. Lamont, stated that the Vail Homeowners Association has not official taken a stance on this proposed land use. Commissioner Kurz asked for clarification regarding the exclusion of the land use for certain zone districts. Commissioner Tjossem inquired as to why the hospital was not included. Ms. Friede responded that the hospital is in the General Use District, which is mostly town-owned properties. Ms. Friede also noted that this use has not been established in any hospitals in Colorado. Commissioner Kjesbo stated that he too wondered why the hospital was not included. Commissioner Viele had nothing further to add. Commissioner Lindall inquired as to the benefits of adding this land use. Ms. Friede stated that there is potential sales tax revenue from this use, and it will also expand the number and types of businesses within the Town. Commissioner Kurz said he was concerned that the overall number of MMDs within a close distance of each other could have a negative impact on surrounding land uses. He suggested that a maximum number be allowed in each zone district or in the Town. Ms. Friede suggested that a conversation with the Town Attorney may be warranted to address this concern. She suggested that it might be able to be handled through a limitation on the number of issued business licenses. Commissioner Pierce suggested that this concern could be addressed with each conditional use permit application. Commissioner Kjesbo said he believes that the land use will be fairly self-regulating, as the market will only require a certain amount of MMDs. Commissioner Pierce suggested that the General Use District be added to allow the hospital to have MMDs. Commissioner Kurz inquired as to the possibility of increasing control over the naming of business so as to not deviate from the medical intent of the business. Ms. Friede responded that while the name of the business might not be controllable due to the First Amendment freedom of speech, the depiction of marijuana and drug paraphernalia on signage would be prohibited. Commissioner Pierce asked the other Commissioners if they would want to increase the distance between MMDs and schools. Commissioner Palladino stated that security cameras should be required for all entrances, not just main entrances. A motion was made for a recommendation of approval with modifications to include the GU District, increase the required distance between MMDs, other MMDs and schools to 100 ft, and to require cameras at all entrances, as well as some changes to terminology. 6 - 1 - 27\n \n 10/20/2009\n ATTACHMENT D: Maps of Districts in Consideration in Relation to Schools 6 - 1 - 28\n \n 10/20/2009\n 6 - 2 - 1\n \n 10/20/2009\n 6 - 2 - 2\n \n 10/20/2009\n 6 - 2 - 3\n \n 10/20/2009\n 6 - 2 - 4\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Second 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 second 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 adopt the 2009 International Building Codes with several amendments. The proposed amendments specifically address the uniqueness of the construction environment in Vail. STAFF RECOMMENDATION: The Building and Fire Appeals Board recommends that the Vail Town Council approve, Ordinance No. 18, Series of 2009, on second reading. ATTACHMENTS: Town Council Memorandum Ordinance 18 Series of 2009 \n 10/20/2009\n 1 MEMORANDUM TO: Vail Town Council FROM: Community Development Department Building and Fire Appeals Board DATE: October 20, 2009 SUBJECT: Second reading of Ordinance No.18 Series of 2009, an ordinance repealing and reenacting Chapter 10, Building Codes, Vail Town Code, and setting forth details in regard thereto. I. DESCRIPTION OF THE REQUEST Staff is requesting a second reading of Ordinance No. 18, Series of 2009, an ordinance repealing and reenacting Chapter 10, 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. 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 have 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. On October 6, 2009, the Town Council unanimously approved Ordinance No.18, series of 2009, on first reading with formatting changes. 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. 7 - 1 - 1\n \n 10/20/2009\n 2 IV. ACTION REQUESTED Staff requests that the Vail Town Council approve, approve with modifications, or deny the second reading of Ordinance No. 18, Series of 2009. V. STAFF RECOMMENDATION Staff recommends that the Vail Town Council approves Ordinance No. 18, Series of 2009, upon second reading. VI. ATTACHMENTS A. Ordinance No. 18, Series of 2009 7 - 1 - 2\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 1 ORDINANCE NO. 18 SERIES OF 2009 AN ORDINANCE REPEALING AND REENACTING CHAPTER 10-1, 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 AND AMENDMENTS, 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 through 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 7 - 2 - 1\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 2 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 persons 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. 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: 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; 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, the 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 2009 Edition of the International Building Code, including Appendix Chapters B, C, E, G, J, K and the 2009 Edition International Residential Code, including Appendix Chapters F and G, are hereby adopted by reference. The 2009 Edition of the International Building Code and the 2009 Edition of the International Residential Code are published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il 60478-5795. B. Fire Code: The 2009 Edition of the International Fire Code, including Appendix Chapters B, C, D, E, G, H, I and J as amended, is hereby adopted by reference. The 2009 Edition of the International Fire Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il 60478-5795. C. Mechanical Code: The 2009 Edition of the International Mechanical Code, including Appendix A, is hereby adopted by reference. The 2009 Edition of the International Mechanical Code is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il 60478-5795. D. Plumbing Code: The 2009 Edition of the International Plumbing Code is hereby adopted by reference. The 2009 Edition of the International Plumbing Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, Il 60478-5795. 7 - 2 - 2\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 3 E. International Fuel Gas Code: The 2009 Edition of the International Fuel Gas Code is hereby adopted by reference. The 2009 Edition of the International Fuel Gas Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, Il 60478-5795. F. Energy Code: The 2009 Edition of the International Energy Conservation Code is hereby adopted by reference. The 2009 Edition of the International Energy Conservation Code is published by the International Code Council, 4051 Flossmoor Road, Country Club Hills, Il 60478-5705. G. Electrical Code: The 2008 Edition of the National Electrical Code is hereby adopted by reference. The 2008 Edition of the National Electrical Code is published by the National Fire Protection Association Inc., One Batterymarch Park, Quincy, MA 02269. H. Performance Code: The 2009 Edition of the International Performance Code is hereby adopted by reference. The 2009 Edition of the International Performance Code is published by International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il 60478- 5795. I. Abatement Code: The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is hereby adopted by reference. The 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings is published by the International Code Council, 4051 West Flossmoor Road, Country Club Hills, Il 60478-5795. 10-1-3: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments are hereby made to the 2009 Edition of the International Building Code: SECTION 101.1 – TITLE: This section is hereby 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: This section 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: This section shall be deleted in its entirety. SECTION 105.2 – WORK EXEMPT FROM PERMIT: This section is hereby amended as follows: Item 2: Fences not over 6 feet tall. Note: Fences required per IBC section 3109 are not exempt from a permit. SECTION 1203.2.1 - UNVENTED ATTIC ASSEMBLIES: This section is hereby amended to add the following language: 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 are 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. At least one of the following three options shall be met, depending on the air permeability of 7 - 2 - 3\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 4 the insulation directly under the structural sheathing: 4.1 Air-impermeable insulation only. Insulation shall be applied in direct contact with the underside of the structural roof sheathing; or 4.2 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; or 4.3 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: This section is hereby amended to add the following language: 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 shall be deleted in its entirety and shall be replaced with the following language: All roof coverings and roof assemblies shall comply with Ordinance No. 3, Series of 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: This section shall be deleted in its entirety. SECTION 1507.9 – WOOD SHAKES: This section shall be deleted in its entirety. SECTION 1510.4 – ROOF COVERING: This section is hereby 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. This section is hereby amended to add the following language: Roofs shall be designed to prevent accumulation of snow from shedding onto exterior balconies, decks, pedestrian and vehicular exits from buildings, stairways, sidewalks, streets, 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 are exempt from the requirement of design by a licensed structural engineer. 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: This section is hereby amended to add the following language: Boulder walls (rock walls) four feet and taller shall be designed by an engineer licensed to practice in the State of Colorado. SECTION 1604.1.1 - HAZARD AREA REQUIREMENTS: This section is hereby amended to add the following language: All new structures and additions to existing structures located in mapped debris flow, rock fall, avalanche and flood hazards shall be designed in compliance with Hazard Regulations within Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town Code. 7 - 2 - 4\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 5 SECTION 1607.7.1 - HANDRAILS AND GUARDS: This section is hereby amended to add the following language: Maximum guardrail deflection shall be L / 180 between supports. SECTION 1608.2 - GROUND SNOW LOADS: This section shall be deleted in its entirety and shall be replaced with the following language: 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 pound per square foot 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: This section is hereby amended to add the following language: Alternative roofs shall be designed to carry a roof snow load resulting from a ground snow load of 143 pounds per square foot. All provisions of section 1608 shall apply to the analysis of the roof structure except for reductions for unobstructed slippery surfaces. The Engineer of Record is responsible for determining increased localized snow loading due to architectural building features. SECTION 1803.2.1 - SOILS REPORT: This section is hereby amended to add the following language: 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 2,000 square feet of floor area. SECTION 2301.2 - GENERAL DESIGN REQUIREMENTS: This section is hereby amended to add the following language: Item # 5: Stress increases shall not be permitted for snow load duration. TABLE 2902.1 - MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES: This Table is hereby 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, or M occupancies, regardless of occupant load. 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 are amended as follows: 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 2009 Edition of the International Residential Code: SECTION R102 – APPLICABILITY: This section is hereby amended to add the following 7 - 2 - 5\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 6 language: 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 is 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 shall be deleted in its entirety and shall be replaced with the following language: 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 to add the following language: The 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 shall be deleted in its entirety and shall be replaced with the following language: An automatic residential fire sprinkler system shall be required as determined by the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems. SECTION R313.2.1 - DESIGN AND INSTALLATION: This section shall be deleted in its entirety and shall be replaced with the following language: 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 is hereby amended 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 hereby amended to add the following language: 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: These Chapters shall be deleted in their entirety and replaced with the following language: All structural elements and design shall conform to the 2009 Edition of the International Building Code as amended by the Town of Vail. CHAPTER 11 thru CHAPTER 42: These Chapters shall be deleted in their entirety and replaced with the following language: Reference other codes adopted by reference respectively. 10-1-5: AMENDMENTS TO THE INTERNATIONAL FIRE CODE: The following amendments are hereby made to the 2009 Edition of the International Fire Code: 7 - 2 - 6\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 7 SECTION 101.1 – TITLE: This section 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 shall be deleted in its entirety and shall be replaced with the following language: 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 and Emergency Services Standards as approved by the Vail Fire Chief and as published on the Town of Vail web site at www.vailgov.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. Town of Vail Fire Sprinkler Standards, Fire Alarm Standards, Commissioning Standards, and related standards shall be published at www.vailgov.com and available for review. SECTION 103.1.1 - ASSIGNED DEPUTIES: This section 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: This section is hereby amended as follows: 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 Vail Fire Chief and Vail Police Chief respectively. SECTION 105.3.9 - TRANSFER OF PERMIT: This section is hereby amended to add the following language: In the event of a change of contractor, engineer or registered design professional of record to another contractor, engineer or registered design professional, plans and documents shall be resubmitted unless an appropriate letter of release from the original contractor, engineer, or registered design professional is furnished to the Town of Vail accordingly. SECTION 105.3.10 - PERMIT FEES / PLAN CHECK FEES: This section is hereby amended to add the following language: Permit Fees and/or Plan Check Fees for permits required under this Code are non-refundable. Permit fees shall be assessed according to the Fee Schedule as currently 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. Minimum Plan Check fees shall be paid at the time of application. Plan check fees will be assessed according to the Fee Schedule as currently 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 according to the Fee Schedule as currently adopted by the Town of Vail for review of re-submittals. Any additional plan check fees shall be paid prior to issuance of the permit. 7 - 2 - 7\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 8 Re-inspections shall be assessed additional inspection fees according to the Fee Schedule as currently 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: This section is hereby amended to add the following language: Information contained in such documents and plans shall be deemed intellectual property of the applicant and those whose signatures and seals appear therein. SECTION 202 - DEFINITIONS: This section is hereby amended to add the following language: Tampering: Any alteration, damage, misuse or deactivation and/or any similar action that renders inoperable any fire protection, fire detection or life safety system without approval of the Vail Fire Department. [See Section 901.8 of the 2009 Edition of the International Fire Code.] SECTION 303.2 - LOCATION: This section is hereby amended to add the following language: Asphalt tar kettles shall not be utilized inside or on the roof of a building or structure or on any balcony, overhang, or location that is not accessible by Vail Fire Department apparatus. SECTION 303.2.1 - WATER-PROOFING: This section is hereby added to this Code 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 the requirements of this section, including permits. SECTION 308.1.4 - OPEN-FLAME COOKING DEVICES: This section is hereby amended to add the following language: Exception 4. Listed or AIG certified Natural Gas appliances. SECTION 312.4 - ELECTRIC METERS, GAS METERS AND PIPING: This section is hereby amended to add the following language: 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. SECTION 503.1 - WHERE REQUIRED: This section is hereby amended to add the following language: Refer to Title 14, Development Standards, Vail Town Code, for additional requirements. SECTION 503.7 - ELECTRICALLY POWERED GATES: This section is hereby added to this Code as follows: Electrically powered gates shall include a Vail Fire Department approved emergency access key switch. The key access shall be in a location acceptable to the Vail Fire Department. Electrically powered gates opened using the fire department key switch shall remain open for not less that one minute. SECTION 503.8 - ELECTRICALLY POWERED GATES, FAIL SAFE HINGE: This section is hereby added to this Code 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: This section is hereby added to this Code as follows: New fire hydrants and fire hydrants replaced or relocated in locations other than in a heated sidewalk or in immediate proximity thereto, such that snow accumulation is likely, shall 7 - 2 - 8\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 9 be Mountain Fire Hydrants. Mountain Fire Hydrants shall be placed such that the center point of the discharge outlet is no less than 36 inches above finish grade. Mountain Fire Hydrants shall comply with all Eagle River Water and Sanitation District requirements. Please reference the 2009 Edition of the Vail Fire and Emergency Services Standards for Fire Hydrants as published at www.vailgov.com. SECTION 507.5.5 - OBSTRUCTION: This section shall be deleted in its entirety and replaced with the following language: A clear and unobstructed space shall be perpetually 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 the Eagle River Water and Sanitation District may be referenced and enforced, providing the most restrictive requirements shall apply. SECTION 508.1.6 - USE: This section is hereby added to this Code as follows: The Fire Command Center shall not be utilized by anyone but Vail Fire and Emergency Services unless permission is specifically granted by the Fire Code Official. SECTION 510.1 - EMERGENCY RESPONDER RADIO COVERAGE IN BUILDINGS: This section is hereby amended as follows: See Chapter 10-3, Vail Town Code, for additional requirements. SECTION 603.4 - PORTABLE NON-VENTED HEATERS: This section shall be deleted in its entirety and replaced with the following language: 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: This section is hereby amended to add the following language: 1. Inside of any occupancy when connected to the fuel gas container as an integral component. For example, a “Torpedo” burner with an electric fan and diesel / kerosene tank, burners attached to 20 pound propane tanks, or 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 shall be deleted in its entirety and replaced with the following language: 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 and/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 shall be deleted in its entirety and replaced with the following language: Incinerators, outdoor solid fuel burning fire pits and 7 - 2 - 9\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 10 fireplaces shall be equipped with an effective means for arresting sparks. Spark arrestors shall not have openings larger than ¼ inch. SECTION 607.5 - OVERVIEW: This section is hereby added to this Code as follows: New and existing elevators shall comply with the elevator regulations as adopted by the State of Colorado. SECTION 609 SECTION 609.1 - GENERAL: This section is hereby amended to add the following language: Compliance with NFPA Standard 96 is required. SECTION 610 - SKI SHOP REQUIREMENTS: This section is hereby added to this Code 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. 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 l) 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 Vail 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 7 - 2 - 10\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 11 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 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, or hazardous rooms (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 Code Official and the Chief Building Official. SECTION 901.4.2 - NON REQUIRED FIRE PROTECTION SYSTEMS: This section shall be deleted in its entirety. SECTION 901.4.3 - ADDITIONAL FIRE PROTECTION SYSTEMS: This section is hereby amended to add the following language: 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 Code Official. SECTION 901.4.5 - QUALIFICATIONS: This section is hereby added to this Code as follows: Service and installation personnel shall be registered with the Colorado Division of Fire Safety as a Fire Suppression System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire sprinkler systems. Qualified personnel shall meet the requirements for either Items 1, 2 or 7 and a minimum of one additional element. 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 pre-approved state or local authority. 7 - 2 - 11\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 12 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 with proof of such training within the last three years. 7. Completion of apprentice program through an accredited educational program. SECTION 901.4.6 - CONTRACTOR REGISTRATION: This section is hereby added to this Code as follows: Pursuant to Town of Vail Municipal Code Section 4-7-2, persons engaged in installation, servicing, repair and maintenance of fire protection systems and components shall be registered as Contractors and subject to the requirements set forth therein. SECTION 901.6.1 - STANDARDS: This section shall be deleted in its entirety and replaced with the following language: 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 the 2009 Edition of the 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 Vail Fire Chief. Such standards shall be published at www.vailgov.com and available for review. SECTION 901.7.4 - PREPLANNED IMPAIRMENT PROGRAMS: The first paragraph of this section is hereby amended as follows: Preplanned impairments shall be authorized by Vail Fire and Emergency Services. 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: This section is hereby added to this Code as follows: A Life Safety Report shall be submitted for review for all new buildings fifty-five (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. The Life Safety Report format and content shall meet the approval of the Fire Code Official. SECTION 902 - DEFINITIONS: This section is hereby amended to add the following language: 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 one hundred and fifty (150) feet of any fire staging area as defined in the Town of Vail Municipal Code Title 14. SECTION 903.2 - WHERE REQUIRED: Exception: This section is hereby amended to add the following language: and an alternative fire suppression system is installed per Section 903.1.1. SECTION 903.2.10 - GROUP S-2 ENCLOSED PARKING GARAGES: The following shall be deleted from this section: Exception: Enclosed parking garages located beneath Group R-3 occupancies. SECTION 903.2.11.1 - STORIES WITHOUT OPENINGS: This section is hereby amended to add the following language: 3. Openings referred to in items 1 and 2 above shall have approved fire department access. 7 - 2 - 12\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 13 SECTION 903.2.11.3 - BUILDINGS 55 FEET OR MORE IN HEIGHT: The following shall be deleted from this section: Exception: 2. Open parking structures. SECTION 903.2.11.3.1 - INACCESSIBLE BUILDINGS: This section is hereby added to this Code 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 language: Where the provisions of this Code require that a building or portion thereof be equipped throughout with an approved automatic fire sprinkler system, sprinklers shall be installed in accordance with NFPA 13 and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.1.1.1 - EXEMPT LOCATIONS: This section shall be deleted in its entirety. Section 903.3.1.4 - UNDERGROUND FIRE MAINS: This section is hereby added to this Code 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 language: 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 and the 2009 Edition of the Vail Fire and Emergency Services Criteria for Requirements to Install Fire Sprinkler Systems as published at www.vailgov.com. SECTION 903.3.5.1.1 - LIMITED AREA SPRINKLER SYSTEMS: This section shall be deleted in its entirety. SECTION 903.4 - SPRINKLER SYSTEM SUPERVISION AND ALARMS: This section shall be amended by deleting Exceptions 1 through 7. SECTION 903.4.3 - FLOOR CONTROL VALVES: This section is hereby amended to add the following language: Floor control valves shall be readily accessible without the use of a special key, knowledge or ladder. Locations of floor control valves shall be subject to approval of the Vail Fire Department. SECTION 905.2.1 - INSTALLATION STANDARDS - STANDPIPE SYSTEMS: This section is hereby added to this Code as follows: Class I standpipes may be required to be manual wet when required by the Fire Code Official. Standpipes shall be hydraulically separate from fire sprinkler risers. Combination risers are prohibited without the express permission of the Fire Code Official. SECTION 905.3.1 - HEIGHT EXCEPTIONS: This section shall be amended by deleting the following: 5.2 Conditions where topography makes access from the fire department vehicle to the building impractical or impossible. SECTION 907.1 - QUALIFICATIONS: This section is hereby amended to add the following language: Alarm Service personnel shall be registered with the Town of Vail as a Fire Alarm System contractor and qualified and experienced in the installation, inspection, testing, and maintenance of fire alarm systems. Qualified personnel shall meet the requirements for Item 1, 7 - 2 - 13\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 14 2 or 7 and a minimum of one additional element. 1. National Institute for Certification in Engineering Technologies. Level II minimum is required for field supervisors. 2. Factory trained or certified with proof of such training within the last three years. 3. Journeyman that have completed a BAT certification program through the State of Colorado. 4. Certified by examination by a pre-approved 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 alarm systems. 7. Completion of apprentice program through an accredited educational program. SECTION 907.1.4 - FIRE ALARM STANDARDS: This section is hereby added to this Code as follows: See Vail Fire and Emergency Services Standards as published on the Town of Vail web site at www.vailgov.com. SECTION 907.1.5.1 - CONDUIT REQUIREMENTS: This section is hereby added to this Code 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 Section 760. SECTION 907.1.5.2 - WIRING REQUIREMENTS: This section is hereby added to this Code 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: This section is hereby added to this Code 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 Code Official. Such reports shall be submitted within thirty (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 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: This section is hereby added to this Code 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 the Fire Code Official. Such reports shall be submitted within thirty (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 NFPA 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: This section is hereby amended to add the following language: Standard 92 A and 92 B as published by the NFPA 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 language: Wind-loading provisions shall be consistent with NFPA 7 - 2 - 14\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 15 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 language: 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: This section is hereby added to this Code as follows: With respect to the 2009 Edition of the International Building Code, 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 2009 Edition of 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. The 2009 Edition of the 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 the 2006 Edition of the NFPA 92A, Table 5.2.1.1. An engineered design shall be submitted such that the system will 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 section shall 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 shall 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: This section shall be deleted in its entirety. SECTION 4603.6.2 - MANUAL PULL STATIONS: Group I -1. Exception 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1 - MANUAL PULL STATIONS: Exception 1 and 2: This section shall be deleted in its entirety. SECTION 4603.6.5.1.1 - GROUP R-1 HOTEL AND MOTEL AUTOMATIC SMOKE DETECTION SYSTEMS Exception: This section shall be deleted in its entirety. SECTION 4603.5.2.1 - GROUP R-1 BOARDING AND ROOMING HOUSES AUTOMATIC SMOKE DETECTION SYSTEM: This section shall be amended by deleting the following: not equipped with an approved supervised sprinkler system installed in accordance with the 2009 Edition of the International Fire Code Section 903. SECTION 4603.6.6 - GROUP R-2 Exceptions 1, 2 and 3: This section shall be deleted in its entirety. 7 - 2 - 15\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 16 SECTION 4603.7 - BATTERY POWERED DETECTORS: This section is hereby added to this Code 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 Vail Fire Chief may require the use of Radio Frequency (RF) system detectors in lieu of battery detectors. Hardwired detectors may also be approved. SECTION 4603.7.3 - POWER SOURCE, Exception 3: This section shall be deleted in its entirety and shall be replaced with the following language: In structures where alterations are taking place, RF detectors may be installed in lieu of hard wired detectors. RF detectors may be battery powered. SECTION 4603.8 - MONITORING REQUIRED: This section is hereby amended to add the following language: All fire alarm and fire sprinkler systems shall be monitored by a UL listed central monitoring station or by the Vail Public Safety Communication Center. APPENDIX B - FIRE FLOW REQUIREMENTS: This section is hereby amended as follows: The maximum reduction for sprinklered buildings shall be not greater than fifty percent (50%). APPENDIX D - FIRE APPARATUS ACCESS ROADS: Amend the text of this section to add the following language: 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: This section is hereby amended to add the following language: Use as reference only. APPENDIX J - EMERGENCY RESPONDER RADIO COVERAGE: This section is hereby amended to add the following language: See Chapter 10-3, Vail Town Code. 10-1-6: AMENDMENTS TO THE INTERNATIONAL MECHANICAL CODE: The following amendments are hereby made to the 2009 Edition of the International Mechanical Code: SECTION 101.1 – TITLE: This section 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 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 amended as follows: Item 2. Not more than eighty percent (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 to add the following language: Item 8: For additional rooftop access requirements, refer to Town of Vail Fire and Emergency Service 7 - 2 - 16\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 17 Standards, available at www.vailgov.com. TABLE 403.3 - MINIMUM VENTILATION RATES: This table is hereby amended to add the following language: Note: 1. Ski Shop Ventilation: For ski shop ventilation compliance requirements, refer to the 2009 Edition of the International Fire Code Section 610.4.7 SECTION 903.3 - UNVENTED GAS LOG HEATERS: This section is hereby amended 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 2009 Edition of the International Plumbing Code: 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 eighty percent (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: This section is hereby amended to add the following language: 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: This section 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 as follows: All open vent pipes that extend through a roof shall be terminated at least twelve (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 seven (7) feet (2,134mm) 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 three (3) inches (76mm) in diameter. Any increase in size of the vent shall be made inside the structure a minimum of one (1) foot (305mm) below the roof or inside the wall. CHAPTER 13- REFERENCED STANDARDS: 7 - 2 - 17\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 18 This chapter is hereby amended by the addition of the following language: 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 2009 Edition of the International Fuel Gas Code: SECTION 101.1 - TITLE: This section is hereby amended 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 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. 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 as follows: Item 2. Not more than eighty percent (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 exceptions 2, 3 and 4 in their entirety. SECTION 304.11 - COMBUSTION AIR DUCTS: This section is hereby amended 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 sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 304.1 - GENERAL: This section is hereby amended by the addition of the following language: New construction shall be considered unusually tight construction as defined by this Code. SECTION 304.5 - INDOOR COMBUSTION AIR: This section shall be deleted in its entirety. SECTION 404.5 – PROTECTION AGAINST PHYSICAL DAMAGE: This section is hereby amended by the addition of the following language: 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 withstand a pressure of not less than ten (10) psig (69 kPa). For welded pipe and for piping carrying gas pressure exceeding fourteen (14) inches of water column, the test shall be at least sixty (60) psig (414 kPa). SECTION 406.4.2 - TEST DURATION: This section is hereby amended as follows: Test duration shall not be less than fifteen (15) minutes for threaded pipe. For welded pipe and piping carrying gas pressure exceeding fourteen (14) inches of water column, the duration shall not be 7 - 2 - 18\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 19 less than thirty (30) minutes. SECTION 409.7 - NATURAL GAS EMERGENCY GENERATORS: This section is hereby amended with the addition of the following language: 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 and 7.9.8. This valve shall have a monitored tamper switch. SECTION 411.4 - FIRE PITS: This section is hereby added to this Code as follows: Fire pits serving all residential units require automatic shut-off controls with a maximum timer of thirty (30) minutes and may only be served by a ¾” gas pipe. SECTION 501.8 - EQUIPMENT NOT REQUIRED TO BE VENTED: This section is hereby amended as follows: Delete items 8 and 10. SECTION 503.6.4 - GAS VENT TERMINATIONS: This section is hereby amended with the addition of the following language: 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 sixty (60) inches vertically from the adjoining ground or thirty-six (36) inches above the roof. SECTION 603 - LOG LIGHTERS: This section is hereby amended with the addition of the following language: Log lighters shall not be installed in the Town of Vail. SECTION 621.2 - PROHIBITED USES: The section is herby amended with the addition of the following language: Log lighters are not permitted in the Town of Vail. 10-1-9 AMENDMENTS TO THE NATIONAL ELECTRICAL CODE: The following amendments are hereby made to the 2008 Edition of the National Electrical Code: ARTICLE 210.25(C) - MULTI FAMILY DWELLING UNITS: This article is hereby amended 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 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 language: (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). ARTICLE 250.52 – GROUNDING ELECTRODES: This article is hereby amended with the addition of the following language: (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 (5) feet of the water pipe entrance. ARTICLE 300.5 – UNDERGROUND INSTALLATIONS: This article is hereby amended with the addition of the following language: All underground electrical wiring of one hundred and twenty (120) volts or more shall be installed in PVC conduit. A minimum depth of eighteen (18) inches from the top of the conduit and warning tape is required per the NEC. 7 - 2 - 19\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 20 ARTICLE 310.5 – CONDUCTORS FOR GENERAL WIRING: This article is hereby amended with the addition of the following language: 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 language: C) 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 Edition of the International Building Code. ARTICLE 230.70(A) - FOR RESIDENTIAL STRUCTURES: This article is hereby amended 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 language: Fixtures in the 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 2009 Edition of the International Energy Conservation Code: SECTION 101.4 – COMPLIANCE: This section is hereby amended with the addition of the following language: The latest editions of Rescheck and Comcheck Software, as developed by the United States Department of Energy, may be used to demonstrate compliance with the 2009 Edition of the International Energy Conservation Code. SECTION 303.1.3 - FENESTRATION PRODUCT RATING: This section is hereby amended 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 may submit calculated U-values for review by the Chief Building Official using methods set forth in Edition of the 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: This table is hereby by amended 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 Chief 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 as follows: Heating equipment shall be sized in accordance with ASHRAE Chapter 17 for 7 - 2 - 20\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 21 residential occupancies and Chapter 18 for nonresidential occupancies. All gas fired boilers and furnaces shall have a minimum efficiency of ninety-two percent (92%) AFUE. 10-1-11: AMENDMENTS TO THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS: The following amendments are hereby made to the 1997 Edition of the Uniform Code for the Abatement of Dangerous Buildings: SECTION 301 - GENERAL: This section is herby amended 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: This definition is hereby amended as follows: The Building Code is the 2009 Edition of the International Building Code as adopted and amended by the Town of Vail. DANGEROUS BUILDING: This definition is hereby amended as follows: A 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 Vail Town Clerk. 10-1-13: PENALTIES: A. Any person who violates any of the provisions of the Codes adopted by this Chapter or fails to comply therewith, or who violates or fails to comply with any order made there under, or who builds in violation of any detailed statements, specifications, or plans submitted and approved there under, or any certificate or permit issued there under, 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 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. Section 2. The building codes adopted by this Ordinance shall be effective for all building permit applications received by the Town of Vail, Community Development Department, 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 7 - 2 - 21\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 22 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 Vail 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 D. Cleveland, Mayor ATTEST: __________________________ Lorelei Donaldson, Town Clerk 7 - 2 - 22\n \n 10/20/2009\n Ordinance No. 18, Series of 2009 23 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 20th day of October 2009. _______________________ Richard D. Cleveland, Mayor ATTEST: ______________________________ Lorelei Donaldson, Town Clerk 7 - 2 - 23\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 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: 2010 Budget \n 10/20/2009\n MEMORANDUM To: Town Council From: Stan Zemler, Judy Camp, Kathleen Halloran Date: October 15, 2009 Subject: 2010 Proposed Budget The following adjustments have been made since the last review of the 2010 proposed budget: The Capital Projects Fund budget presented on page 27 was updated to reflect Council’s agreement to finance the construction of the West Vail Fire Station with cash, which includes a transfer of $3,659,000 from the General Fund ($2,341,000 remaining surplus from 2008 and an additional $1,318,000 from the fund reserves), use of the Property Tax Increment reserve ($441,000), potential grant revenue from Eagle County ($500,000), and $1,000,000 from the Capital Projects Fund. The $500,000 from the County is not reflected yet in the budget because a decision on the grant is not final. The General Fund budget was updated to reflect the above transfer of $3.7M to the Capital Projects Fund as well. This leaves the General Fund with a fund balance of $18.5 million, representing 64% of annual revenues. Council guideline is currently 35%, or $10.2 million. During the October 6th meeting, Council voted to table the 2nd reading of the budget ordinance. Although the General Fund budget was agreed upon, Council had further questions regarding the capital budgets. Since the first look at 2010 projections, staff and Council have eliminated capital projects totaling $2.5 million and deferred $9.2 million. Council requested further discussion of the following projects/issues: 1. Buy-Down program (Capital). This program is currently funded at $500,000 per year, to fund the purchase and discounted re-sale of housing units for individuals working within the town limits. The annual appropriation was increased to the $500K level during the 2009 budget process after Council established employee housing as a top priority. Currently, $261,907 has been spent from the 2009 appropriation, and no additional spending is anticipated during 2009. 2. Construction costs for the West Vail Fire Station (Capital). The project is currently budgeted up to $5.6 million. Actual costs won’t be known until further in the process; the $5.6 million is based on estimated costs at this time. 3. Red Sandstone Park/Playground Reconstruction (RETT). This project is currently budgeted at $439,000 in 2010. Please refer to page C, with information on design and construction plans. Since this project is not scheduled until the fall of 2010, staff recommends leaving this item in the budget subject to 2010 revenue performance. Due to the size of the project, Council approval is required prior to the start of construction. 4. Ford Park Master Plan (RETT). This project was budgeted at $1 million in 2010 in the budget presented on October 6th. This number included funds to begin work on a construction project pending Council’s direction and approval. Since a specific project has not been identified as yet, staff recommends reducing this amount to $200,000 to be used to complete the master plan. As projects are identified, funding will be requested from Council. A 8 - 1 - 1\n \n 10/20/2009\n B 5. Street Light Improvements (Capital). Staff recommends keeping this annual budget at $67,500 for 2010 (this item was already reduced by 10% since the first look at the budget). These funds are used for the scheduled replacement of Vail’s older light fixtures that no longer meet the town’s dark sky requirements, replacement of worn out lights, lights that have been damaged in accidents, and additions of new lights based on safety concerns. Approximately 30-35 fixtures are replaced per year. The cost per light replacement is between $1,500 and $3,000 depending on how much work is required. 6. Chamonix Site (Capital). No dollars are currently budgeted for the potential construction of employee housing on this site. This item is listed as “unfunded”, as the current capital fund reserves would not support cash financing of any housing construction project. 7. Bald Mountain Underpass (RETT). This project is currently budgeted for $200,000. Since this project is not scheduled until the fall of 2010, staff recommends leaving this item in the budget subject to 2010 revenue performance. It relates to the reconstruction of an existing retaining wall originally installed in 1996 to support the bike path through the underpass. Winter snow removal from the interstate is causing the wall to deteriorate earlier than anticipated. Because the block walls deteriorated prematurely, we will likely need to come up with a better, more durable solution. Please see page E for attached photos. 8. Ford Park / Tennis Facilities (RETT). The $175,000 budgeted in 2010 is recommended for completion in the fall, pending 2010 revenue performance. It includes improvements based on a master list settled upon by the town and the Vail Recreation District as a part of the lease agreement; they also will be dependent upon the outcome of the Ford Park management plan and parking study. The improvements for 2010 include: possible placement of temporary restroom buildings to be cost-shared with the Vail Recreation District ($65K), repair of retaining walls, repair and replacement of tennis court fencing on a failed court ($56.7K) and renovation of the tennis locker rooms ($33.7K) and various smaller improvements ($19.6K). Over $400K of other improvements to the tennis center facilities have been deferred since the preliminary 2010 capital plan. 9. Capital Street Maintenance (Capital). The $730,000 currently budgeted covers annual capital street repairs such as asphalt patching, striping, concrete, guardrail, and minor bridge repairs. This item has already been reduced by $851,000 ($665K of which was for asphalt overlays that were completed within this year’s budget). A significant portion of the 2010 dollars are planned for drainage improvements along Rockledge Road ($400K). This project coincides with the Eagle River Water and Sanitation District water line replacement. 10. Neighborhood Road Reconstruction (Capital). $1.1 million is currently budgeted for the reconstruction of Mill Creek Circle to coincide with work being done by the Eagle River Water and Sanitation District. Until final design is completed it is unknown what the cost share will be between ERWSD and TOV. The $1.1 million budgeted assumes the town will be responsible for 100% of the road work. Assuming the TOV and ERWSD enter into an IGA to cost share, staff believes the Town’s portion should be under $850,000. Mill Creek Circle is rated as one of the two worst conditioned roads in Vail, along with Streamside Circle West. (Portions of Mill Creek Circle are rated at a 36, with other portions rated at a 46 out of a scale of 100, based on this fall’s pavement inspections by Borstad Engineering). This is also one of the poorest performing sections of waterline for ERWSD, having multiple breaks in the past few years. 8 - 1 - 2\n \n 10/20/2009\n Red Sandstone Park: Outline of Red Sandstone Issues 1. Playground Safety and Improvement Plan, a. Adopted by the Town Council in 2001 b. A plan for upgrading all Town of Vail play areas to current Consumer Product Safety Commission and ASTM playground safety guidelines. c. To date, 7 out of 9 Vail play areas have been modified to meet current guidelines, with Red Sandstone and Booth Creek parks remaining. 2. Americans with Disabilities Act (ADA) a. No access from parking lot into the play area b. No access to the restroom c. Play elements on the school-aged structure are not accessible d. Play surfacing is not accessible (see item 3) 3. Existing sand/pea gravel surfacing needs to be replaced a. High maintenance (tilled bi-weekly) b. Does not meet fall-height requirements (fundamental playground safety requirement) c. Replacement of surfacing material requires some border reconstruction 4. Insufficiently sized use-zones (fundamental playground safety requirement) a. Tot structure b. Swings c. Merry-go-round 5. Tire swings a. Removed per CIRSA recommendation b. Structure remains and occupies a large percentage of the overall play area 6. Stairs into play area are in disrepair and require reconstruction 7. School-aged structure a. Issues with falls on interior of structure b. Little play value Budget Break-out A significant portion of the recommended budget is tied to site work in the existing park. A breakdown of the anticipated costs is as follows: Site Work: Demolition: $ 19,000 Site Access: $ 62,000 (sidewalks, ramps, etc) Walls, borders: $ 25,000 Landscape/ irrig. $ 20,000 Gen Conditions/Contingency $ 30,000 Total Site Work: $156,000 Parking Improvements: $74,000 C 8 - 1 - 3\n \n 10/20/2009\n D Play Area: Play Structures/ Equipment $ 189,000 ie: includes structural and civil design, custom structures, artistic elements, swings, play equipment, etc. Playground surfacing: $ 20,000 Total Play Area: $ 209,000 Total: $ 439,000 For Comparison Bighorn Park (2006): $ 350,000 (play area: $ 175,340 not inc. design) Pirateship Park (2004): $ 345,000 (play area: $ 194,997 not inc. design or custom Town of Vail-built equipment) Note that neither of the above projects required parking improvements or significant ADA site access improvements. 8 - 1 - 4\n \n 10/20/2009\n Above: Wall deterioration. On the right, the facia has peeled off, exposing the interior of the block. At the left, the back of the block is exposed through to the backfill. Below: Asphalt is deteriorating due to poor drainage. Western edge has settled several inches. E 8 - 1 - 5\n \n 10/20/2009\n Above: Similar decline along another portion of the wall. Below: Note stress fractures beginning to appear. E 8 - 1 - 6\n \n 10/20/2009\n PROPOSED 2010 BUDGET October 20, 2009 Second Reading 8 - 1 - 7\n \n 10/20/2009\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 30 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 32 Debt Services Fund and Expenditures 32 Heavy Equipment Fund Revenue and Expenditures 33 Dispatch Services Fund Revenue and Expenditures 34 Conference Center Fund Revenue and Expenditures 35 Health Insurance Fund Revenue and Expenditures 35 8 - 1 - 8\n \n 10/20/2009\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 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 as of October 6th in the General Fund and Capital Projects 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 Sales Tax 35% Property and Ownership Tax 11% Use Tax 1% Ski Lift Tax and Franchise Fees 9% Real Estate Transfer Tax 9% Licenses and Permits 2% Intergovernmental Revenue 10% Transportation Centers 12% Charges for Services 3% Rent, Fines & Miscellaneous 7% Earnings on Investments 1% 1 8 - 1 - 9\n \n 10/20/2009\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 8 - 1 - 10\n \n 10/20/2009\n EXPENDITURES The town’s expenditure budget for 2010 is $50.3 million excluding inter-fund transfers and charges. This is a 12% decrease from the 2009 amended budget. Sixty-six percent of the expenditures are to provide municipal services and thirty-four percent to fund capital improvements including debt service. WHERE THE MONEY GOES 2010 Proposed Expenditures $50.3 million Contributions, Marketing & Special Events, 4% Municipal Services 66%Capital Improvements, 29% Debt Service, 5% Personnel, 43% Materials & Services, 19% 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.. 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 8 - 1 - 11\n \n 10/20/2009\n BENEFIT COSTS By Category Health Insurance 43% Workers' Compensation Insurance 5% Pension 38% Medicare 4% Wellness Benefit 3% Life, Disability, and Unemployment Insurance 7% 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 35 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 $18.5 million at the end of 2010, representing 64% 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 8 - 1 - 12\n \n 10/20/2009\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 - $32,754,088 A transfer of fund balance from the General Fund to the Capital Projects Fund is included, totaling $3,659,000. This transfer will help fund the construction of the West Vail Fire Station, as agreed to by Council on October 6, 2009. Without the transfer, operating expenditures total $29.1 million, flat with estimated revenues. During the budget process, the town manager directed the following goals: x 0% increase to operations x 0% performance-based merit pool for salaries & wages x 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. 5 8 - 1 - 13\n \n 10/20/2009\n 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. 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 - $14,378,713 In addition to a debt service payment totaling $2.3 million, noteworthy projects for 2010 include: x Annual capital maintenance of town facilities, parking structures and streets totaling $1.8M. x Neighborhood road reconstruction of $1.1M 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. x Replacement of 6 town buses ($2.2 million). x Annual budget of $500,000 for the purchase or buy-down of employee housing x 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 over two years, offset by a transfer from the General Fund ($3,659,000) and use of the Property Tax Increment reserve ($441,000). Pending a decision by Eagle County, another $500,000 in grant money may help to offset in the future (this revenue is not included at this time). 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 $4.5M at the end of 2010, not including unfunded projects. 6 8 - 1 - 14\n \n 10/20/2009\n 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. 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 - $4,254,905 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: x Continued master planning for Ford Park ($200K). x Improvements to VRD-managed assets totaling $690K. Significant projects include improvements to the golf clubhouse and tennis court repairs x Reconstruction of the Red Sandstone Park and Playground ($439K). x Continuation of Forest Health projects ($265K). x Environmental Sustainability programs ($250K). The RETT fund is projected to have a fund balance of $10.2 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. 7 8 - 1 - 15\n \n 10/20/2009\n 8 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. 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 - 1 - 16\n \n 10/20/2009\n Major Revenue Analysis 2010 Budget 20052006200720082009200920102011 ActualActualActualActualBudgetForecastProposedProjectionComments % vs. '08 actual% vs. '08 actual% vs. '09 amend% vs. 2010 General Sales Tax 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%; Flat in 2010; 5% increase in 2011 7.8%7.1%5.2%3.8%-1.2%-15.4%0.0%5.0% RETT Tax 6,206,054 6,239,744 6,536,118 9,091,917 6,241,000 2,420,000 4,283,000 3,561,000 Projection for 2009 reduced; this change also altered the 2010 - 2014 projections 28.0%0.5%4.7%39.1%-31.4%-73.4%77.0%-16.9%2010 includes intial sales of Solaris, Ritz and Four Seasons estimated at 25% of total units available, at 80% of the currently listed price. Parking Revenue 3,651,537 4,007,334 4,514,392 4,705,985 5,680,744 5,432,744 5,432,744 5,622,900 2009 reduced for pass sales; 2010 flat with '09; 2011 3.5% increase 11.1%9.7%12.7%4.2%20.7%15.4%0.0%3.5% Property Tax 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 based on August '09 report from County assessor; 0.1%11.4%2.5%45.1%0.4%0.4%17.5%0.0%did not include potential abatement mils as a safeguard against future appeals Lift Tax 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 actual and assumes remainder of year to be flat with 11.3%7.1%2.2%7.8%-2.7%-5.0%0.0%2.5%2008 (net 5% decr); 2010 flat with 2009 and 2011 slight increase of 2.5% Construction Fees 2,466,054 3,481,989 4,992,752 3,799,444 1,681,250 1,261,250 673,250 673,250 Reduced based on slowdown of redevelopment activity; No major 53.3%41.2%43.4%-23.9%-55.8%-66.8%-46.6%0.0%redevelopment projects assumed for 2010 or 2011 Construction Use Tax - - - 608,483 1,000,000 500,000 500,000 500,000 Reduced based on slowdown of redevelopment activity; No major N/A64.3%-17.8%0.0%0.0%redevelopment projects assumed for 2009 thru 2011 Other Taxes 1,251,928 1,367,139 1,399,739 1,644,975 1,298,719 1,333,719 1,335,200 1,341,760 County sales tax, Road & Bridge, Hwy users revenue, etc. -0.2%9.2%2.4%17.5%-21.0%-18.9%0.1%0.5% Federal / County Grants 19,500 1,739,052 59,542 - 1,400,000 120,834 2,707,015 1,515,000 $120K in '09 and $2.5M in '10 for transit center; 2010 SAFER grant $117K, N/AN/AN/AN/AN/AN/A2140.3%-44.0%COPs Grant $82K and $28.5K police LiveScan software ; 2011: buses $600K, bridge reconstruction $828K Earnings on Investments 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 149.3%91.7%21.2%-42.8%-33.4%-79.8%-19.6%47.8%balances; 2011 based on 1% return Rental Income 780,214 827,280 897,958 949,961 795,300 906,382 882,796 905,000 2009 increase due to additional employee units to rent; 2010 and 2011 flat -3.0%6.0%8.5%5.8%-16.3%-4.6%-2.6%2.5%with 2009 E911 and Interagency 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 mid-year 2009 and 1 more FTE 2010 (funded by E911) 7.1%14.8%14.3%8.4%9.5%11.4%3.8%2.1%Otherwise, 2010 interagency charges flat with 2009; 1.5% increase for 2011 All Other Revenue 10,250,560 5,317,935 7,558,115 7,080,720 3,348,558 4,169,534 4,346,765 3,868,270 2005 included $4M Conference Center collections & $2M project reimb. 17.0%-48.1%42.1%-6.3%-52.7%-41.1%4.3%-11.0%2007 included $1.2M recreation ammenities and $1.3M project reimb. 2008 included over $1M of project reimbursement and $500K in Employee Total Revenue 48,941,716 50,163,958 54,845,217 58,018,698 50,945,194 42,114,597 46,862,956 45,752,509 Housing Fee-in-Lieu % compared to Prior Year 11.1%2.5%9.3%5.8%-12.2%-27.4%11.3%-2.4% 9 8 - 1 - 17\n \n 10/20/2009\n 2009 ChangesComments 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 Maintenance0.25 Converted full-time journey mechanic to summer seasonal Community Development(0.25) Removed Planning Intern (0.64) Total Changes to FTE Count:(10.64) Town of Vail 2008 Budget Summary of Changes in Personnel From 2009 Original Budget to 2010 Budget 10 8 - 1 - 18\n \n 10/20/2009\n TOWN OF VAIL 2009 BUDGET 2010 Positions Department2001200220032004200520062007200820092010Change Full-Time Regular Positions - Funded by TOV Town Officials6.507.107.106.506.906.907.066.236.236.230.00 Administrative Services18.4518.0018.0018.0019.1518.1519.6821.0220.3520.350.00 Community Development14.0015.0015.0014.0013.8513.8515.18 15.1817.8515.85(2.00) Fire16.0018.2018.2018.0018.0018.0018.0022.0021.2524.253.00 Police and Communications61.2560.2561.7554.2556.2554.2554.5054.5054.5054.500.00 Library8.758.758.756.386.386.386.636.636.556.550.00 Public Works, Streets & Roads, L 30.0029.0029.7529.7531.2531.7531.7531.7530.8030.800.00 Transportation & Parking28.5028.5028.5027.5030.5031.0031.0031.0033.0031.00(2.00) Fleet Maintenance13.0013.0013.0013.0013.0013.0013.0013.0013.0012.00(1.00) Facility Maintenance21.5021.5020.5020.5020.0020.0020.00 20.0020.0020.000.00 Capital Projects1.001.001.001.001.000.000.000.000.000.000.00 Total FTE's - Full-Time Regular 218.95220.30221.55208.88216.28213.28216.80221.31223.53221.53(2.00) Fixed Term Employees Administrative Services1.00 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 1.25 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 0.001.001.003.7512.2316.4914.4913.7413.003.00(10.00) Externally Funded Employees Police and Communications4.004.007.508.006.508.009.009.009.0011.002.00 TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT 11 8 - 1 - 19\n \n 10/20/2009\n TOWN OF VAIL 2009 BUDGET 2010 Positions Department2001200220032004200520062007200820092010Change TEN-YEAR SUMMARY OF BUDGETED POSITIONS BY DEPARTMENT Total Externally Funded 4.004.007.508.006.508.009.009.009.0011.002.00 Seasonal Positions - Funded by TOV Town Officials0.000.000.000.000.000.000.000.000.000.000.00 Administrative Services0.420.420.420.420.981.040.591.191.941.940.00 Community Development0.960.960.960.480.000.000.001.250.250.00(0.25) Fire 1.401.401.401.511.687.207.2010.2010.200.00 Police and Communications0.930.930.480.000.000.000.000.000.000.000.00 Library0.930.931.092.482.482.481.701.701.701.700.00 Public Works/ Streets & Roads/La 10.1810.189.557.578.698.9411.4211.9012.8610.46(2.40) Transportation & Parking25.7528.0026.8925.8423.2422.7825.3126.7025.7027.461.76 Fleet Maintenance0.000.000.000.000.000.000.000.000.00 0.250.25 Facility Maintenance0.830.830.831.331.331.361.381.381.381.380.00 Total Seasonal / Part-Time 40.0043.6541.6239.5238.2338.2847.6051.3254.0353.39(0.64) All FTE's (Full-Time Equivalents) Town Officials6.507.107.106.506.906.907.066.236.236.230.00 Administrative Services18.8719.4219.4219.4220.1320.1920.2722.2122.2922.290.00 Community Development14.9615.9615.9616.4819.8519.8520.18 20.4322.1016.35(5.75) Fire16.0019.6019.6019.4020.5121.6827.2031.2033.4534.451.00 Admin3.003.002.002.002.002.002.000.00 Patrol27.0028.9830.4831.0031.2531.0028.00(3.00) Investigation5.005.005.005.005.005.005.000.00 Records5.255.255.255.505.255.505.500.00 Dispatch22.0022.0023.0023.4823.4823.0025.002.00 Police and Dispatch Total62.1861.1862.2362.2564.2365.73 66.9866.9866.5065.50(1.00) Library9.689.689.848.868.868.868.338.338.258.250.00 Public Works, Streets & Roads40.1839.1839.3037.3241.6942.3244.8045.2845.1642.76(2.40) Transportation & Parking54.2556.5055.3953.3453.7453.7856.3157.7058.7058.46(0.24) Fleet Maintenance13.0013.0013.0013.0013.0013.0013.0013.0013.0012.25(0.75) Facility Maintenance22.3322.3321.3321.8321.3321.3621.38 21.3821.3821.380.00 Capital Projects1.001.001.001.753.002.382.382.632.501.00(1.50) Total FTE's 258.95264.95264.17260.15273.24276.05287.88295.37299.56288.92(10.64) 12 8 - 1 - 20\n \n 10/20/2009\n 200820092010 Actual % Salary Budget % Salary Proposed % Salary Full-Time Regular Employees Fee Based Health Insurance2,300,00017.6%2,475,00017.2%2,475,00018.0% Group Term Life and Accidental Death Insurance258,5782.0%85,0000.6%90,0000.7% Long-term Disability Insurance 60,0000.4%60,0000.4% Survivor's Life Insurance 76,0000.5%75,0000.5% Short-term Disability Insurance40,0000.3%40,0000.3%35,0000.3% Wellness Benefit 98,6720.8%94,0000.7%96,0000.7% Sworn Officer Death and Disability Insurance56,2630.4%62,000 0.4%70,0000.5% Subtotal Fee Based 2,753,51321.1%2,892,00020.1%2,901,000 21.1% Payroll Based Pension Contribution1,959,54215.0%2,271,72015.8%2,105,42515.3% Medicare 170,7941.3%208,1141.5%199,2631.5% Workers' Compensation Insurance192,8711.5%194,1001.4%228,500 1.7% Unemployment Compensation Insurance27,8460.2%43,1000.3%48,1000.4% Subtotal Payroll Based2,351,05318.0%2,717,03418.9%2,581,28918.8% Total Full-Time Benefits 5,104,56639.1%5,609,03439.1%5,482,28939.9% Part-Time and Seasonal Employees Fee Based Wellness 78,0124.1%80,0004.2%75,0004.0% Wellness - Boards & Commissions 9,1000.5% Mini-Med Program 20,0001.0%16,0000.8% Payroll Based Pension Contribution28,5461.5%28,7691.5%28,3811.5% Medicare 27,5941.5%27,8101.5%27,4351.5% Workers' Compensation Insurance28,1221.5%25,9001.4%31,5001.7% Unemployment Compensation Insurance4,0600.2%5,7540.3%6,6220.4% Subtotal Payroll Based 88,3224.7%88,2334.6%93,9385.0% Total Part-Time and Seasonal Benefits 166,3348.8%188,2339.8%194,03810.3% Total Benefits - All Employees 5,270,90035.2%5,797,26735.6%5,676,32636.3% Salary expense: Full time employees 14,352,70613,821,791 Salary expense: Part-time/seasonal employees 1,917,9231,892,047 Total Salary expense (not incl OT):16,270,62915,713,838 Note: Total cost has decreased from 2009 by $120,941 The percentage increases because total salary expense has gone down Town of Vail Employee Benefits 13 8 - 1 - 21\n \n 10/20/2009\n Town of Vail Health Care Plan Employee Contribution Summary 2009 employee costs2008 Employee Contributions2007 Employee Contributions2006 Employee Contributions2005 Employee Contributions Monthly Premiums (deducted from paychecks) Employee only$30 to $60 268,260.00$ 209,808.00$ 201,276.00$ 210,691.00$ Employee +1$60 to $120 Family$90 to $180 Co-pays: Rx$5 to $45 275,443.00$ 292,578.00$ 260,226.00$ 257,956.00$ 90 day Rx$10 - $90 Physician visit Varies ($25 & up to full cost of deductible) Deductibles:Individual$250 to $2,000 Family$500 to $4,000 Co-Insurance % of total bill to be paid by patient – after deductible, up to the out-of-pocket maximum 10% to 40% depending upon plan and network Out of Pocket Maximums Individual$2,500 to $4,500 Family$4,000 to $8,500 Dental Preventative Services$0 66,833.00$ 65,357.00$ 54,469.00$ 52,555.00$ Basic & Major Services30% to 50% Maximum of $1500/year 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 8 - 1 - 22\n \n 10/20/2009\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 2009 0%5%2%2%2% 2008Original200920102011201220132014 ActualBudgetAmendedProposedForecastForecastForecastForecast Revenue Total Sales Tax Revenue:19,631,366$ 19,400,000$ 16,600,000$ 16,600,000$ 17,430,000$ 17,780,000$ 18,135,000$ 18,500,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 59/4161/3959/4161/3961/3961/3961/3961/39 Sales Tax - General Fund11,640,000$ 11,860,000$ 9,760,000$ 10,126,000$ 10,630,000$ 10,846,000$ 11,063,000$ 11,285,000$ Property and Ownership4,309,6224,293,5004,293,5005,013,6475,013,6474,391,0004,398,0004,482,000 Ski Lift Tax 3,277,7033,190,0003,115,0003,115,0003,193,0003,288,8003,387,5003,489,100 Franchise Fees, Penalties, and Other Taxes1,075,209899,9351,049,9351,056,1261,091,6531,122,7001,156,4001,191,100 Licenses & Permits3,903,0261,755,2001,335,200732,200745,000781,250804,000827,000 Intergovernmental Revenue1,706,1971,308,7191,384,9531,544,0001,562,3751,573,3731,493,4001,420,300 SAFER grant added ($117 Yr 1,$104 Yr 2,$65 Yr 3,$39 Yr 4) Transportation Centers4,816,5055,680,7445,432,7445,432,7445,622,9005,819,7006,023,4006,234,200 Charges for Services 1,000,733 798,838716,788724,775691,100666,340694,730724,743 Fines & Forfeitures 396,707260,000260,000260,000269,100278,500288,200298,300 Earnings on Investments571,073495,000115,000115,000215,000423,100612,100 585,400 Rental Revenue 949,961 795,300906,382882,796905,000936,700969,500 1,003,400 Miscellaneous and Project Reimbursements163,025 59,000118,44092,80091,00094,20097,500100,900 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%3.2%0.6%2.5%2.1% Expenditures Salaries 13,319,994 14,119,59213,673,68713,530,07013,874,40514,310,26614,739,57415,181,761 3 FF's added Jan 2010; Resident shifts added starting spring 2011 Benefits 4,404,800 4,795,3824,665,2874,619,2124,718,0684,859,610 5,005,3985,155,560 Savings from vacant positions $242.7K (salary & benefits) Subtotal Compensation and Benefits17,724,794 18,914,974 18,338,974 18,149,282 18,592,473 19,169,876 19,744,972 20,337,321 -1.0%2.4%3.1%3.0%3.0% Contributions, Marketing and Special Events1,366,668 1,315,6751,322,1251,225,0251,286,2761,328,000 1,367,8001,408,800 All Other Operating Expenses7,038,794 7,383,4346,241,4126,206,2186,434,0006,572,400 6,713,7006,915,900 Added $45K for elec insp; $6K for Treas fees; utilities & ops of third fire station ($19K) '11 -14 Heavy Equipment Operating Charges2,351,269 2,147,6371,940,9282,074,8122,198,5532,275,502 2,355,1452,437,575 2011: $20K per year for maintenance and fuel of new fire truck Heavy Equipment Replacement Charges635,903 678,881678,881677,538980,100865,944966,700 777,000 Dispatch Services 533,164 543,072 543,072522,213544,220571,087593,715615,667 Total Expenditures 29,650,592 30,983,673 29,065,392 28,855,088 30,035,622 30,782,809 31,742,032 32,492,263 -0.7%4.1%2.5%3.1%2.4% Revenue Over (Under) Expenditures4,159,169 412,563 (577,450) 240,000 (5,847) (561,146) (754,302) (850,820) Transfer to Capital Projects Fund (441,000) (3,659,000) Transfer remaining surplus of $2.3M plus an additional $1.3M for Fire Stn 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 to 6 employees at $40K each for 2010 Net Change in Fund Balance 3,168,169 37,563 (827,450) (3,659,000) (255,847) (811,146) (1,004,302) (1,100,820) Beginning Fund Balance19,834,717 21,563,411 23,002,886 22,175,436 18,516,436 18,260,589 17,449,443 16,445,140 Ending Fund Balance23,002,886$ 21,600,974$ 22,175,436$ 18,516,436$ 18,260,589$ 17,449,443$ 16,445,140$ 15,344,320$ Percent to Annual Revenue68%69%78%64%61%58%53%48% * EHOP program is not a permanent expenditure; These funds get returned to the town if the employee sells or refinances the home; this item is considered an "Accounts Receivable" item, but due to governmental accounting rules must be shown as an expenditure for appropriation and budgeting purposes. 15 8 - 1 - 23\n \n 10/20/2009\n TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 20092009 2008OriginalAmended20102011201220132014 ActualBudgetBudgetBudgetForecastForecastForecastForecast Revenue Total Sales Tax Revenue:19,631,366$ 19,400,000$ 16,600,000$ 16,600,000$ 17,430,000$ 17,780,000$ 18,135,000$ 18,500,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 59/4161/3959/41 61/39 61/3961/3961/3961/39 Sales Tax 11,640,000$ 11,860,000$ 9,760,000$ 10,126,000$ 10,630,000$ 10,846,000$ 11,063,000$ 11,285,000$ Property and Ownership 4,309,6224,293,500 4,293,500 5,013,6475,013,6474,391,0004,398,0004,482,000 Ski Lift Tax 3,277,7033,190,000 3,115,000 3,115,0003,193,0003,288,8003,387,5003,489,100 Franchise Fees, Penalties, and Other Taxes 1,075,209899,935 1,049,935 1,056,1261,091,6531,122,7001,156,4001,191,100 Licenses & Permits 3,903,0261,755,200 1,335,200 732,200745,000781,250804,000827,000 Intergovernmental Revenue 1,706,1971,308,719 1,384,953 1,544,0001,562,3751,573,3731,493,4001,420,300 Transportation Centers 4,816,5055,680,744 5,432,744 5,432,7445,622,9005,819,7006,023,4006,234,200 Charges for Services 1,000,733 798,838 716,788 724,775691,100666,340694,730724,743 Fines & Forfeitures 396,707260,000 260,000 260,000269,100278,500288,200298,300 Earnings on Investments 571,073495,000 115,000 115,000215,000423,100612,100585,400 Rental Revenue 949,961 795,300 906,382 882,796905,000936,700969,5001,003,400 Miscellaneous and Project Reimbursements 163,025 59,000 118,440 92,80091,00094,20097,500100,900 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%3.2%0.6%2.5%2.1% Expenditures by Type: Municipal Services: Town Officials 1,224,007 1,298,7031,267,297 1,234,1261,284,4781,315,8201,356,6101,388,219 Administrative Services & Risk Management3,164,384 3,466,3283,228,825 3,350,4843,487,1843,572,2713,683,0113,768,826 Community Development & Housing3,327,400 3,282,0812,379,978 1,847,5251,922,9041,969,8232,030,8882,078,207 Police 4,511,846 4,871,1114,708,180 4,587,1164,774,2704,890,7635,042,3775,159,864 Police Communications535,657 543,072543,072 522,213544,220571,087593,715615,667 Fire 2,577,087 2,769,7032,735,009 2,869,1902,986,2533,059,1183,153,9513,227,438 Public Works & Streets3,717,159 3,726,4493,552,133 3,649,8543,798,7683,891,4584,012,0934,105,575 Transportation & Parking4,780,515 4,723,939 4,582,449 4,701,320 4,893,1345,012,5265,167,9145,288,327 Facilities 3,442,983 3,945,981 3,723,070 3,872,255 4,032,7894,131,9184,260,0394,361,821 Library 828,056 854,593820,745 805,119837,968858,414885,025905,646 Economic Development1,541,498 1,501,713 1,524,634 1,415,886 1,473,6541,509,6111,556,4091,592,673 Total Expenditures29,650,592 30,983,673 29,065,392 28,855,088 30,035,622 30,782,809 31,742,032 32,492,263 Revenue Over (Under) Expenditures 4,159,169 412,563 (577,450) 240,000 (5,847) (561,146) (754,302) (850,820) Transfer to Capital Projects Fund (441,000) (3,659,000) Winter Economic Marketing Campaign (550,000) Investment in Employee Home Ownership Program (375,000) (250,000) (240,000) (250,000) (250,000) (250,000) (250,000) Net Change in Fund Balance3,168,169 37,563 (827,450) (3,659,000) (255,847) (811,146) (1,004,302) (1,100,820) Beginning Fund Balance19,834,717 21,563,411 23,002,886 22,175,436 18,516,436 18,260,589 17,449,443 16,445,140 Ending Fund Balance23,002,886$ 21,600,974$ 22,175,436$ 18,516,436$ 18,260,589$ 17,449,443$ 16,445,140$ 15,344,320$ 16 8 - 1 - 24\n \n 10/20/2009\n 2010 Contribution Request Spreadsheet Staff TOWN OF VAIL FUNDING REQUEST Recom'd GENERAL FUND Contributions:Cash ECONOMIC: ABravo! Colorado / New York Philharmonic67,500 75,000 7,500 75,000 ABravo! Colorado / Philadelphia Orchestra67,500 75,000 7,500 75,000 ABravo! Colorado/Music Matters Education & Outreach 7,500 7,500 7,500 ABravo! Colorado - General operations22,500 15 Ford Park Parking 15 Ford Park Parking (22,500) 15 Ford Park Parking BNational Repertory Orchestra 1,000 1,000 1,000 CVail Farmers' Market 5,850 Traffic, buses, signs4,500 6,500 Traffic, buses, signs4,500 650 - Traffic, buses, signs4,500 DVail Jazz Festival (June-Sept '09)30,600 45,000 14,400 30,600 EColorado Ski Museum - 95,850 95,850 - FVail Valley Foundation Birds of Prey (Dec. 1-4, 05)ADA & public transit10,000 TOV buses 15,000 - TOV buses10,000 The Session - cancellation announced Nov 5,2008Parking3,000 - American Ski Classic 5,000 Parking3,500 18,000 parking vouchers3,000 13,000 5,000 parking vouchers3,000 Street Beat / Winter Concert Series 25,650 PD & PW support7,500 28,500 PD & PW support7,500 2,850 25,650 PD & PW support7,500 Vail International Dance Festival45,000 55,000 10,000 45,000 Gerald R. Ford Amphitheater (Hot Summer Nights) 24,525 PD presence2,800 27,250 PD presence 2,800 2,725 24,525 PD presence2,800 International Cycle Classic / Colorado Stage 150,000 PD, Fire & PW 15,000 150,000 - use reserve funds15,000 GVail Chamber & Business Association (VCBA) Premier Impressions 13,500 30,000 16,500 - * $10K granted from 2009 budget Vail Guide - 10,000 10,000 - HRadio Free Minturn 2,500 2,500 - ICommission on Special Events 791,810 836,810 45,000 791,810 Fund Climbing Wall World Cup50,000 (50,000) 45,000 keep separate from CSE TOTAL ECONOMIC1,160,235 1,463,910 47,800 303,675 22%1,126,085 42,800 EDUCATIONAL JEagle Valley Childcare - annual contribution45,000 53,000 8,000 45,000 donate TOV computers & set up KVail Valley Charitable Fund 2,500 2,500 - LProject Graduation 2,500 2,500 - MCASA of the Continental Divide 1,000 1,000 - NFirst Descents 5,000 5,000 - Vail Valley Exchange / Youth Recognition Award6,300 (6,300) TOTAL EDUCATIONAL51,300 64,000 - 12,700 22%45,000 - RECREATION OSki & Snowboard Club Vail (Oct 28 - 31, 2010) 4 days of ice5,285 4 days of ice 5,285 - 2 days ice/revisit if any left over2,650 PVVMC Spring Fashion Show & Luncheon (Mar 24, 2010)300 1-day parking passes7,500 300 1-day parking passes7,500 - 300 1-day parking passes7,500 QVail Junior Hockey Association - Nov 2010 Tournament9 days of ice + Donovan 1 day15,391 9 days of ice + Donovan 1 day + parking passe24,016 - 5 days ice+Donovan/no parking passes10,125 RSkating Club of Vail (July 14-18 '10 & late Dec. '10) 9 days of ice11,891 9 days of ice 11,891 - 5 days ice/revisit if any left over6,625 SSpecial Olympics (Sundays Jan , Feb, Mar '10)6 parking passes for 7 Sundays1,050 9 sundays of parking passes (42) village1,050 - 42 parking passes - LH only1,050 T Vail Valley Athlete Commission (See item F)6,000 10,000 4,000 6,000 UForesight Ski Guides 2 parking passes in Village2,200 - 2 blue passes/LH only2,200 VSmall Champions of Colorado 10,000 10,000 ARRANGEMENTS and AGREEMENTS: WVail Valley Comm. TV/Ch5 - Franchise Fee 70,000 70,000 - 70,000 30% of collected Franchise Fees Real Estate Transfer Tax Fund: XBetty Ford Alpine Garden Foundation - Operations 55,620 2 designated Ford Park spaces75,000 2 designated Ford Park spaces19,380 55,6202 designated Ford Park spaces 2010 Requests 2010 Cash Request 2010 In-Kind Request 2010 In- Kind Value Variance to 2009 Funding Last Year (incl. off-cycle) 2009 Cash Funded Staff Recommendations 2010 In- Kind Value Staff Recom'd In-Kind%age Var 2009 In- Kind Value 2009 In-Kind Funded 17 8 - 1 - 25\n \n 10/20/2009\n 2010 Contribution Request Spreadsheet Staff TOWN OF VAIL FUNDING REQUEST Recom'd GENERAL FUND Contributions:Cash 2010 Requests 2010 Cash Request 2010 In-Kind Request 2010 In- Kind Value Variance to 2009 Funding Last Year (incl. off-cycle) 2009 Cash Funded Staff Recommendations 2010 In- Kind Value Staff Recom'd In-Kind%age Var 2009 In- Kind Value 2009 In-Kind Funded YEagle River Watershed Sediment Pollution Efforts90,000 99,793 9,793 90,000 ZEagle Valley Alliance for Sustainability 20,000 20,000 - Information Booth Contract209,990 209,990 - 209,990 Grand Total 1,646,145 2,002,693 99,742 0 0%1,602,695 72,950 18 8 - 1 - 26\n \n 10/20/2009\n 19 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). 8 - 1 - 27\n \n 10/20/2009\n 20 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. 8 - 1 - 28\n \n 10/20/2009\n 21 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. I. 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 (VVCF) 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 8 - 1 - 29\n \n 10/20/2009\n 22 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 O. 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 (VVMC) 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. 8 - 1 - 30\n \n 10/20/2009\n 23 Q. Vail Junior Hockey Association BACKGROUND INFORMATION: The Vail Junior Hockey Assn. 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 Donovan 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. 8 - 1 - 31\n \n 10/20/2009\n 24 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. 8 - 1 - 32\n \n 10/20/2009\n 25 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 partner with 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. 8 - 1 - 33\n \n 10/20/2009\n Town of Vail Capital Plan Summary * does not include unfunded projects Actual AmendedForecast 20082009200920102011201220132014 Capital Projects Fund Streetscape 1,197,015 1,668,162 1,668,162 365,000 130,000 135,000 - - Roads 1,950,435 2,060,587 2,060,587 2,149,139 3,521,000 6,875,000 8,770,000 1,215,000 Bridges - 150,000 150,000 - 1,050,000 1,650,000 - - Facilities 781,302 765,684 765,684 473,000 504,900 1,740,000 992,000 1,005,000 Transit 3,714,402 200,400 200,400 2,226,600 1,231,300 70,000 30,000 324,000 Information Technology 1,709,399 684,510 684,510 488,000 272,000 247,000 710,500 644,500 Fleet Expansion 44,681 34,730 34,730 - - - - - Fire 6,900 495,000 495,000 2,800,000 3,370,000 1,565,000 - 620,900 Police 104,324 51,650 51,650 83,500 57,000 59,000 61,000 50,000 Housing Improvements - 54,000 54,000 54,000 54,000 - - - Housing Development (New)784,195 1,270,000 1,270,000 500,000 500,000 500,000 500,000 500,000 Parking Structures 814,348 685,000 685,000 486,000 819,000 1,055,000 860,000 920,000 Timber Ridge 44,520 1,025,000 1,025,000 - - - - - Planning / Studies 265,416 164,000 164,000 - - - 40,000 - Property Tax Increment - Restricted- 441,000 441,000 - - - - - Debt Service 2,204,670 2,298,121 2,298,121 2,273,959 2,279,572 2,088,346 - - Total Capital Expenditures for Capital Projects Fund13,621,607 12,047,844 12,047,844 11,899,19813,788,772 15,984,34611,963,500 5,279,400 RETT Fund Streetscape 668,892 737,771 737,771 222,500 22,500 155,000 25,000 25,000 Recreation Paths 252,183 1,148,614 1,148,614 - 2,299,000 1,200,000 - - Parks / Playgounds 213,641 1,168,167 1,168,167 639,000 2,885,000 1,725,250 - - Fountains 85,534 212,696 212,696 - - - - - Art in Public Places 131,537 425,156 425,156 80,000 80,000 80,000 80,000 80,000 Open Space - - - - - - - - VRD-Managed Assets 82,049 5,676,200 4,453,403 700,000 1,299,440 529,981 165,133 263,768 Total Capital Expenditures for RETT 1,433,836 9,368,604 8,145,807 1,641,500 6,585,940 3,690,231 270,133 368,768 26 8 - 1 - 34\n \n 10/20/2009\n 2009 Forecast20102011201220132014 Comments Revenue Total Sales Tax Revenue:16,600,000$ 16,600,000$ 17,430,000$ 17,780,000$ 18,135,000$ 18,500,000$ 2012 - 2014 increase assumes a recovery to 2007 levels by 2014 Sales Tax Split b/t Gen'l Fund & Capital Fund 59/4161/3961/3961/3961/3961/39 Sales Tax - Capital Projects Fund6,840,000$ 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 through 2014 Federal Grant Revenue 120,834 2,508,015 1,428,000 - - - $2.5M in '10 for transit center; $28.5K in '10 for Police Live Scan Interface software; 2011: $828K for bridge reconstruction, $600K buses Eagle County Grant Revenue - - - - - - Have requested $500K funding from Eagle County for West Vail Fire Station Lease Revenue 188,550 184,500 184,500 184,500 184,500 189,135 Per Vail Commons commercial and residential leases Employee Housing Fee-In-Lieu72,000 - - Project Reimbursement 210,000 - - - - Reimbursement from Vail Resorts for CDOT's study of the Frontage Rd relocation (EverVail); Resale of Arosa duplex / CGOL Loan repayment- 775,000 5,000 5,000 5,000 - Children's Garden of Leaning loan balance at 12/31/2008 is $25K with $5K per year due; $770K resale of Arosa duplex Earnings on Investments and Other18,750 18,000 - - - - 2009: Based on earnings at .5%; 2010 1%; 2011 - 2014 at 2% Total Revenue 7,950,134 10,459,515 8,917,500 7,623,500 7,761,500 7,904,135 Expenditures Capital Maintenance Expenditures Bus Shelters 27,000 27,000 27,900 30,000 30,000 30,000 Parking Structures 540,000 486,000 819,000 1,055,000 860,000 920,000 2009: $120K Elevator replacement; 2010 - 2014 various repairs including deck topping replacement, expansion joint repairs and other structural repairs Facilities 679,500 473,000 450,000 1,290,000 705,000 1,005,000 2009 repair PW shop roof and various repairs to municipal facilities, 2010 and 2011 various repairs; 2012 $425K for replacement of in floor heat and wash equipment for Bus Barn, $165K repairs to PW Admin and $100K repairs to Municipal building; 2014 $400K library roof replacement Building Remodels 49,500 - 54,900 67,000 - On-going minor remodels of various Town facilities Creekside Housing Improvements54,000 54,000 54,000 - - - Need to gut plumbing; electrical wiring; roofing, etc. Donovan Park Pavilion - - - 450,000 220,000 - 2012: $50K furniture replacement; $400K to change ventilation & improve noise; 2013 replacement of heating/air conditioning system Street Light Improvements 67,500 67,500 67,500 50,000 50,000 50,000 New street lights and refurbish residential lighting Capital Street Maintenance1,337,087 730,000 1,153,500 1,000,000 1,170,000 915,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; 2012 - 2014 based on readjusted bid prices (savings of $925K); Assumes that we do not see a dramatic increase from current prices and that reconstruction of Neighborhood Roads is completed, thus reducing maintenance in East Vail and Vail Valley Drive Flammable storage / Mag Chloride containment16,560 - - - Secondary containment around Mag tank / remove glycol tank to meet containment requirements; This is a compliance issue. Fire Truck Rebuild / Refurbish - 570,000 590,000 - 620,900 2011new fire truck for W Vail; 2012 replace pumper truck from 1994; 2014 replace pumper truck from 1999 Fire infrastructure improvemts (Main Vail station)- - 975,000 Remodel of Main Vail station after W Vail built; previously budgeted in 2010 Audio Visual (Council video,Security, PD car video)61,150 8,000 - - 437,500 437,500 09 Council chamber streaming video; '10 police car cameras; '13,'14 Town-wide video security Document Imaging 106,699 110,000 110,000 30,000 30,000 30,000 Annual maintenance, licensing and contract position thru 2011 Software Licensing 68,200 37,000 15,000 15,000 65,000 75,000 Upgrade Microsoft products on all equipment, replacement PC's, server upgrades, AS400. These upgrades occur every 3-5 years on a rotation schedule Hardware Purchases 84,380 45,000 65,000 48,000 48,000 50,000 Scheduled rotation of PCs, printers and servers Data Center (Computer Rooms)47,500 15,000 17,000 19,000 21,000 - Fire suppression in computer rooms; maintenance, security and power systems for 3 rooms Website and e-commerce 28,500 12,000 27,000 29,000 31,000 12,000 Internet security & application interfaces; website redevelopment 2008/09 Comm Dev ArcGIS System52,000 10,000 - - - - Web access to town GIS information (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 Network upgrades 18,300 30,000 21,000 35,000 60,000 40,000 Computer network systems - replacement cycle every 3-5 years Computer Aided Dispatch (CAD) / RMS Project51,650 55,000 57,000 59,000 61,000 50,000 County-wide "Computer Aided Dispatch/Records Mgmt System" Comm Dev Interactive Permit software25,000 200,000 - - - - Replacement of Permit Plus software; allows for web access by customers Live Scan Interface 28,500 Funded by grant above; Links our Live Scan software to other agencies TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND 27 8 - 1 - 35\n \n 10/20/2009\n 2009 Forecast20102011201220132014 Comments TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Vehicle Expansion 34,730 - - - - - 2009 continued set up of Police Volvos $16K; Forklift for PW $18K Maintenance Paid for by Capital Fund3,364,256 2,409,000 3,525,800 5,698,000 3,873,500 4,235,400 Capital Replacement Expenditures West Meadow Drive 600,683 - - - - - Completion of projects under contract; $200K savings Village Streetscape 792,706 300,000 - - - - Future work may include newspaper boxes, Checkpoint Charlie, Covered Bridge, VVD walk, etc. Per Council 7/7/09, defer $300K to 2010 for covered bridge heat and VVD heated walk Neighborhood Road Reconstruction200,000 1,100,000 1,800,000 5,575,000 7,300,000 - Overhaul residential streets -'09 design; Construction 2010 $1.1M for Mill Creek; 2011 $1.8M for Vail Valley Drive reconstruction and 2012/2013 East Vail roads Neighborhood Bridge Reconstruction150,000 - 1,050,000 1,650,000 - - Matterhorn Bridge reconstruction moved to 2011 due to CDOT fiscal year and requirements; Partial funding from federal grant Fire Breathing Apparatus180,000 - - - - - Replacement of all (30) cylinders/compressors; Older model currently used not effective Parking Entry System / Equipment145,000 - - - - - Metered lots; equipment obsolete and not servicable by vendor; Time sensitive for installation prior to next parking season Radio Equipment replacement (pub. works, pub. safety - - - 48,000 - - Replacement of 1998 radios for PW, Fire, PD; delayed Hybrid Bus Battery Replacement- 40,000 - 294,000 Scheduled replacement Office Equipment > $5,000 9,000 - - - - - 09 GIS Equip Generator - Municipal Building / Dispatch20,124 - - - - - 2009: work finished up in 2009 / balance 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 downtime when buses need servicing; 2010: 6 regular buses; 2011 2 Hybrid buses Replacement Paid for by Capital Fund2,270,913 3,599,600 4,053,400 7,313,000 7,300,000 294,000 Property Tax Increment - Reserved 441,000 - - Reserve for unidentified projects Other Improvements West Vail Fire Station - Planning / Design300,000 2,800,000 2,800,000 - - - Construction of West Vail Fire Station - see Debt Service below Arosa Drive - Duplex for Employee Housing770,000 Development project for deed-restricted housing Buy-down Program 500,000 500,000 500,000 500,000 500,000 500,000 Increased to $500K per year as of 2009 per Housing Strategic Plan Variable Message Signs / Way-Finding Improvements190,973 65,000 130,000 135,000 - - 09 Vail Village wayfinding signs on order; $180K for Main Vail round-about & Four Seasons; '10 Solaris; '11 LionsHead and '12 East Vail I-70 Noise 300,000 251,639 500,000 250,000 250,000 250,000 Construction of and East Vali berm would be phased; costs not known at this time; $751K accumulated amount over the years; split between 2010 and 2011; Annual $250K budget begins again in 2012 I-70 Fiber Optics 168,781 - - - - - 2009: project nearing completion; Town will have fiber optic connection to I-70 corridor for improved public safety communications Underground Utility improvements156,000 - - - - - Transfer of utility lines from above ground to underground; offset by $156K revenue above from Holy Cross; work already completed and awaiting final billing. Manor Vail Street Plan 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 study15,000 - - - - - Nexus study to determine redevelopment impact on Fire Department; Potential revenue source Traffic Impact Fee study 30,000 - - - - - Study to determine redevelopment impact on traffic / potential revenue; identified as a next step in transportation plan Timber Ridge Legal/Zoning100,000 - - - - - Re-appropriation of $19K, plus an additional $81K to comlete the second phase of negotiating a contract and to recognize incremental costs due to a higher number of respondants Timber Ridge Debt Service Guarantee925,000 - - - - - Annual debt service guarantee - requirement of TR debt LionsHead Improvements 34,000 - - - - - This is offset by contributions from Vail Resorts and CDOT and covers completion of the transportation study (currently underway) and consultant's review of EverVail frontage road plans Frontage Road Relocation20,000 - - - Study of the Frontage Rd relocation (EverVail) - see reimbursement from Vail Resorts above 28 8 - 1 - 36\n \n 10/20/2009\n 2009 Forecast20102011201220132014 Comments TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE CAPITAL PROJECTS FUND Bio-Mass Study 50,000 - - - - - For the research of Bio-mass options; Staff is applying for a grant in May to fund a feasibility study and being able to show a budget may be critical for grant eligibility. Total Other Improvements3,673,554 3,616,639 3,930,000 885,000 790,000 750,000 Total Capital before Financing9,749,723 9,625,239 11,509,200 13,896,000 11,963,500 5,279,400 Debt Service and Financing Debt Service on Outstanding Bonds2,298,121 2,273,959 2,279,572 2,088,346 - - Paid off by Jan 1, 2013; annual payments updated for refunding of 1998 Bonds Transfer to Vail Reinvestment Authority120,834 2,479,515 390,000 2009 & 2010: Transfer federal grant money to VRA; VRA covering all expenditures for the transit center project; 2011 transfer traffic impact fees to VRA Transfer from Dispatch Fund - - Total Debt Service and Financing:2,418,955 4,753,474 2,669,572 2,088,346 - - Total Expenditures 12,168,678 14,378,713 14,178,772 15,984,346 11,963,500 5,279,400 Revenue Over (Under) Expenditures(4,218,544) (3,919,198) (5,261,272) (8,360,846) (4,202,000) 2,624,735 Transfer from General Fund (3,659,000) - Transfer of GF fund balance for West Vail Fire station Beginning Fund Balance8,981,8694,763,3254,503,127(758,145)(9,118,991)(13,320,991) Ending Fund Balance4,763,325 4,503,127 (758,145) (9,118,991) (13,320,991) (10,696,256) Unfunded Capital Projects Chamonix Site Development - Housing East Vail Fire Station Remodel 775,000 Town Shop Improvements 9,225,000 Creekside Housing Improvements 588,000 262,500 315,000 Municipal Bldg - HVAC Renovation 2,400,000 Simba Run Underpass 19,500,000 Frontage Rd - LionsHead 8,815,000 N. Frontage Rd -East Vail 2,100,000 Frontage Road - Ford Park 5,635,000 N. Frontage Rd - West Vail 7,513,000 Main Vail Round-about Major Reconstruction 3,600,000 West Vail Round-about Major Reconstruction 1,000,000 LH Auxilliary Building 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 list4,763,325 4,503,127 (9,931,145) (64,772,491) (79,199,491) (78,989,756) 29 8 - 1 - 37\n \n 10/20/2009\n 2009 Forecast20102011201220132014 Comments REVENUE Real Estate Transfer Tax 2,420,000$ 4,283,000$ 3,561,000$ 3,245,000$ 2,630,000$ 2,715,000$ Ritz, Solaris and Four Seasons: assume 25% sold 2010 at 80% list price ; Base transactions flat in 2010, up 5% 2011 - 2014; Limited amount of sales from major redevelopment Federal Grants149,458 - - - - - Federal grant for the Timber Ridge/ Buffehr Creek path Golf Course Lease120,000 122,000 124,440 126,929 129,467 132,057 Annual lease payment from Vail Recreation District 2% annual increase - deposited to "REA" VRD repayment for promissory note341,098 343,424 337,568 331,712 325,856 - Note based on $1.6 M loan at 3.5% over 5 years; Adjusted 2009 for interest timing Intergovenmental Revenue20,000 20,000 20,000 20,000 20,000 20,000 Lottery proceeds Project Reimbursements2,500 - - - - - 1st Bank sponsorship of shopping bags Recreation Amenity Fees47,000 10,000 10,000 10,000 10,000 10,000 Based on actual collections in 2009 Earnings on Investments and Other81,250 40,402 15,879 - - - 2009 & 2010: Based on .5% return on prior year's fund balance; 2011 based on 1% ; 2012-14 2% Total Revenue 3,181,306 4,818,826 4,068,887 3,733,641 3,115,323 2,877,057 Capital Maintenance Expenditures Annual Park and Landscape Maintenance1,290,882 1,323,478 1,363,182 1,431,341 1,474,282 1,518,510 Ongoing path, park and open space maintenance, project mgmt; $75K reduction in expenses 2009 - 11; $30K savings 2012-14 (water savings & backflow repair & mtce) Management 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 for administration Rec. Path Capital Maint193,540 150,000 104,745 117,583 107,048 110,000 Capital maintenance of the town's recreation path system ; $40K reduction in 2010 as of 9/15/09 Tree Maintenance109,954 65,000 65,000 65,000 65,000 65,000 Regular maintenance for tree health within the town (spraying, removing, new trees); '09 to continue with scale spraying on town-owned property at approx. $120 per tree Forest Health Management265,000 265,000 265,000 265,000 265,000 265,000 Pine beetle mitigation in conjunction w/ forest service Street Furniture Replacement25,983 22,500 22,500 25,000 25,000 25,000 Additions and replacement of street furniture; '09 re-appropriation to expand bike rack installations (at approx. $1,000 per bike rack) Park / Playground Capital Maintenance110,000 115,000 90,000 80,000 82,400 84,872 Repair & maintenance of playgrounds, restrooms, etc. Bald Mountain Underpass Maintenance- 200,000 Reconstruction of retaining wall that supports bike path through the underpass Alpine Garden Support55,620 55,620 65,564 67,531 69,557 71,644 Annual support at 3% increase per year (2010 flat with 2009) Black Gore Creek Sand Mitigation180,569 90,000 100,000 100,000 100,000 100,000 Annual support of water protection programs; '09 to move a waterline to make room for additional sand retention Total Capital Maintenance 2,352,548 2,500,748 2,254,041 2,313,705 2,319,787 2,375,776 Other Improvements Meadow Drive Streetscape411,788 - - - - - 09 for West Meadow Drive (Library to Vail Road); ongoing costs under contract Katsos Ranch Bike Path7,000 - - - - - 09 for wetland re-vegetation - the last task in resurfacing rec path from Sunburst to E. Vail Timber Ridge-Buffehr Creek Rd separation700,000 - - - - - Path from TimberRidge to Roost; offset by Federal Grant of approx. $150K; $46K additional funds necessary to comply with federal funding requirements and original cost estimates were from 2003; Contract awarded at June 2nd meeting. Lionshead to Meadow Dr202,500 - - - - - Improvements to existing bike path along the stream Trailhead Development / Improvement23,200 - 24,000 50,000 - - Improve trailheads; Continued need through 2012 (one trail per year); Eliminated 2010 as of 9/15/09 ADA Compliance w/ VRD85,881 10,000 10,000 10,000 10,000 10,000 Shared costs with VRD - ADA access at recreational facilities; '09 re-appropriation to remodel restroom at golf course hole #13; LH auxilliary bldg ADA improvements (lift) and a ramp/restroom upgrade at the Clubhouse. Recreation Master Planning6,415 - - - - - Concept and design of recreation asset improvements; 2008/09 the Vail Golf Course Clubhouse Streamwalk ADA & Safety improvements1,033 - - - - - To cover a remaining engineering bill Greenhouse 250,000 - - - - - $100K originally budgeted for just the greenhouse structure; another $150K requested based on revised cost estimates to include concrete base and other constructions costs Frontage Road Bike Lanes/Trails150,000 - 2,275,000 1,150,000 - - Construct widened 6' shoulders along all frontage roads; first priority is Blue Cow Chute to East Vail; path from Vail Mtn School to E. Vail exit; 2009 for design ($50K) and survey work ($100K); construction was budgeted in 2010; now pushed to 2011 Ford Park Master Plan300,000 200,000 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 $1.0M Main Vail Roundabout pavement apron- - 130,000 - - $130K concrete apron to protect the grass from cars/trucks on the edge of the roundabout - delayed from 2010 to 2012 as of 9/15/09 Ford Park Improvements200,000 - - - - - Ford Park pathwork, restrooms and other improvements Seibert Circle 212,696 - - - - - To complete project Raw Water / Irrigation Control371,752 - - - - - Water supply infrastructure; Orig plan to include in water bills, but interest rate now 5%, so paying up front instead of financing Kayak Take-out 10,000 - - - - - Kayak take-out area along stream (part of One Willow Bridge development agreement and must be accounted for separately) Stream Tract Encroachment Survey64,881 - - - - - Survey along Gore Creek TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX 30 8 - 1 - 38\n \n 10/20/2009\n 2009 Forecast20102011201220132014 Comments TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE REAL ESTATE TRANSFER TAX Red Sandstone Park - Per Safety plan25,000 439,000 - - - - Reconstruction of playground per safety plan; 20 years old; in-house design currently underway and staff working on a plan to deal with parking and ADA requirements; $25K to finish design; $439K for construction deferred until 2010 Booth Creek Playground 15,000 385,250 - - Design in 2011; deferred construction until 2012 Booth Creek Park redevelopment- - 50,000 1,340,000 - - Design in 2011; deferred construction until 2012 White Water Park5,000 - - - - - 3rd hole / bladder system at Whitewater Park - last part of project is to program the water feature's system Art in Public Places - Programs / Art215,156 80,000 80,000 80,000 80,000 80,000 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds Public Art - Morales relocation125,000 Transferred from Seibert project to cover cost of relocating the Morales artwork Public Art - Meadow Drive Entry85,000 - Transferred in '08 from streetscape project to cover cost of new Meadow Drive entry feature Public Art - Operating84,359 85,157 87,712 90,343 93,053 95,845 AIPP salary and operating expenses related to RETT; 3% annual increase Landscape Medians300,000 - - - - - Frontage road medians 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 (and enlarge) Ford Park restroom; Restrooms at W. Meadow Drive & Vail Road; Pushed from '09 to '11 Environmental Sustainability315,000 250,000 250,000 250,000 250,000 250,000 Environmnetal projects such as energy efficiency studies of municipal buildings, recycling programs, etc. Capital Paid for by RETT Funds:4,151,661 1,064,157 5,611,712 3,485,593 433,053 435,845 VRD-Managed Facility Projects Recreation Enhancement Account120,000 122,000 124,440 126,929 129,467 132,057 Reserve account for golf course improvements - funded by annual lease revenue Golf Course Irrigation - VRD's portion1,607,522 - - - - - Finance VRD's portion of irrigation system replacement (5-year payback) Golf Course Irrigation1,350,000 - - - - - Based on estimates from Borne Engineering; split 50% with VRD (10% reduction) Golf Course Clubhouse, Starter Shack, etc.232,500 33,000 900,000 2,912 18,390 79,936 Improvements to maintenance building and main clubhouse Golf Course - Other Improvements227,500 200,000 50,000 11,863 - 7,896 ADA access to clubhouse; bridge and retaining wall repairs Dobson Ice Arena740,000 100,000 15,000 58,796 2,784 11,580 09 Roof and central air repair; outer years lighting and locker rooms Ford Park / Tennis Center Improvements5,000 175,000 200,000 309,382 2,214 9,816 2009: Defer continued refurbishing of Ford Park tennis courts to 2010 ($62K), 2010: walkways & restroom roof per lease agreement; delayed from 2008 due to park master planning Athletic Fields 25,000 - - - 2,278 12,483 09 irrigation system; '12 asphalt overlay of parking lot Youth Services 60,000 25,000 - - - - 09 ADA access and furnaces Gymnastics Center - 25,000 - 1,582 - - 09 retaining walls; '10 mechanical improvements Nature Center 10,000 - 8,517 - - 2012 wood open rail fencing Total VRD-Managed Facility Projects4,367,522 690,000 1,289,440 519,981 155,133 253,768 Total Expenditures10,871,731 4,254,905 9,155,193 6,319,279 2,907,973 3,065,389 Revenue Over (Under) Expenditures(7,690,425)563,921 (5,086,306) (2,585,639) 207,350 (188,332) Beginning Fund Balance17,288,2669,597,84110,161,7625,075,4562,489,8172,697,167 Ending Fund Balance9,597,841$ 10,161,762$ 5,075,456$ 2,489,817$ 2,697,167$ 2,508,835$ 31 8 - 1 - 39\n \n 10/20/2009\n 20092010 2008OriginalProposed ActualBudgetBudget Revenue Business Licenses312,839$ 314,500$ 312,000$ Earnings on Investments3,819 - - Total Revenue 316,658 314,500 312,000 Expenditures Commission on Special Events280,000 280,000 280,000 Collection Fee - General Fund15,642 15,725 15,600 Total Expenditures295,642 295,725 295,600 Revenue Over (Under) Expenditures21,016 18,775 16,400 Beginning Fund Balance62,619 81,394 102,410 Ending Fund Balance83,635$ 100,169$ 118,810$ 200920092010 2008OriginalAmendedProposed ActualBudgetBudgetBudget Revenue Transfer from Capital Projects Fund2,204,670$ 2,266,775$ 2,298,121$ 2,395,040$ Earnings on Investments and Other50,830 - - Total Revenue2,255,500 2,266,775 2,298,121 2,395,040 Expenditures Principal 1,890,000 2,000,000 1,980,000 2,035,000 Interest Expense432,395 266,775 296,295 359,412 Fiscal Agent Fees 2,500 2,500 6,950 4,000 Refunding Bonds Issuance Costs- - Total Expenditures2,324,895 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 premium203,221 Issuance costs, net(115,741) - - Total Other Financing Sources (Uses)(8,981) - - - Beginning Fund Balance252,710 249,639 174,334 189,210 Ending Fund Balance174,334$ 247,139$ 189,210$ 185,838$ TOWN OF VAIL 2010 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING FUND DEBT SERVICE FUND 32 8 - 1 - 40\n \n 10/20/2009\n 200920092010 2008OriginalAmendedProposed2011201220132014 ActualBudgetBudgetBudgetForecastForecastForecastForecast Revenue Town of Vail Interagency Charge3,067,497$ 2,910,595$ 2,703,886$ 2,836,464$ 3,243,653$ 3,205,746$ 3,385,420$ 3,277,400$ Insurance Reimbursements & Other 111,337 38,800 38,800 - - - - - Earnings on Investments41,169 37,000 8,000 10,298 10,172 11,365 12,090 12,964 Equipment Sales and Trade-ins77,964 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 Capital Outlay 640,907 740,500 740,500 784,500 980,100 865,944 966,700 777,000 Total Expenditures2,964,747 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$ TOWN OF VAIL 2010 BUDGET PROPOSAL SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 33 8 - 1 - 41\n \n 10/20/2009\n 20082009200920102011201220132014 ActualBudgetAmendedProposedForecastForecastForecastForecast Revenue E911 Board Revenue607,183$ 657,015$ 688,918$ 754,108$ 775,506 797,500 820,200 843,600 Interagency Charges1,050,439 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 Charge533,164 543,072 543,072 522,213 544,220 571,087 593,715 615,667 Earnings on Investments18,763 12,142 5,000 5,000 10,000 10,000 10,000 10,000 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 & Benefits1,588,183 1,732,699 1,753,602 1,854,062 1,933,396 2,014,561 2,078,790 2,144,971 Operating, Maintenance & Contracts459,767 499,535 499,535 511,633 527,600 543,428 559,731 576,523 Capital Outlay50,121 135,000 124,750 50,000 50,000 50,000 50,000 50,000 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) Expenditures118,978 2,492 86,350 27,857 010,18624,09734,125 Transfer to Capital Projects Fund (75,000) - - - - - - - Beginning Fund Balance918,366 821,458 962,344 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$ TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 34 8 - 1 - 42\n \n 10/20/2009\n 2010 200820092009Proposed ActualBudgetAmendedBudget Revenue Taxes Sales Tax - - - - Public Accomodations Tax- - - - Penalties and Interest on Delinquent Taxes Subtotal Taxes - - - - Other Earnings on Investments218,193 235,000 46,000 46,500 Total Revenue 218,193 235,000 46,000 46,500 Expenditures - General Government Management Fee - - - - General Supplies and meetings- - - - Capital Outlay - - - - Total Expenditures - - - - Revenue Over (Under) Expenditures218,193 235,000 46,000 46,500 Beginning Fund Balance9,046,283 9,271,283 9,264,476 9,310,476 Ending Fund Balance9,264,476$ 9,506,283$ 9,310,476$ 9,356,976$ 20092010 2008OriginalProposed ActualBudgetBudget Revenue Town of Vail Interagency Charge - Premiums2,394,290$ 2,515,000$ 2,510,000$ Employee Contributions 286,058 288,000 305,000 Insurer Proceeds 111,957 20,000 100,000 Earnings on Investments35,866 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 Expenditures2,478,828 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$ HEALTH INSURANCE FUND TOWN OF VAIL 2010 BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE CONFERENCE CENTER FUND 35 8 - 1 - 43\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Second Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and re-enacting Ordinance No. 5, Series of 2006, establishing Special Development District (SDD) 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 second reading 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 Gross Residential Floor Area (GRFA) or reduction in commercial floor area associated with this change. On October 6, 2009, the Town Council unanimously approved Ordinance No. 20, Series of 2009, on first reading. STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the Vail Town Council approves, Ordinance No. 20, Series of 2009, on second reading. ATTACHMENTS: Town Council Memorandum Ordinance No. 20, Series of 2009, Second Reading \n 10/20/2009\n 1 MEMORANDUM TO: Town Council FROM: Community Development Department DATE: October 20, 2009 SUBJECT: Second 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 I. DESCRIPTION OF THE REQUEST The applicant, Solaris Property Owner, LLC, represented by Mauriello Planning Group, LLC, is requesting a second 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 staff) 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) which has had no amendments since first reading. II. BACKGROUND 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. On October 6, 2009, the Town Council unanimously approved Ordinance No.20, Series of 2009, on first reading with no changes. III. ACTION REQUESTED OF COUNCIL The Vail Town Council shall approve, approve with modifications, or deny the second reading of Ordinance No. 20, Series of 2009. IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION The Planning and Environmental Commission recommends the Town Council approves, on second 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 9 - 1 - 1\n \n 10/20/2009\n 2 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 second 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 second 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 goals 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 9 - 1 - 2\n \n 10/20/2009\n Ordinance No. 20, Series 2009 1 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 9 - 2 - 1\n \n 10/20/2009\n Ordinance No. 20, Series 2009 2 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/restaurant” 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. 9 - 2 - 2\n \n 10/20/2009\n Ordinance No. 20, Series 2009 3 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 for the 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 9 - 2 - 3\n \n 10/20/2009\n Ordinance No. 20, Series 2009 4 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. 9 - 2 - 4\n \n 10/20/2009\n Ordinance No. 20, Series 2009 5 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. 9 - 2 - 5\n \n 10/20/2009\n Ordinance No. 20, Series 2009 6 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of October, 2009. Richard D. Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk 9 - 2 - 6\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Resolution No. 24, Series of 2009, A Resolution Approving the Pre- Development Agreement Between the Town of Vail, Colorado, Timber Ridge Affordable Housing Corporation and Vail Timber Ridge LLC Regarding the Redevelopment of the Timber Ridge Property; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve the Pre-Development Agreement and authorize the Town Manager to sign and enter into the agreement with Vail Timber Ridge LLC in a form approved by the Town Attorney. BACKGROUND: On December 18, 2008, the Town issued a request for qualifications and proposals ("RFQP") seeking qualified individuals or organizations to develop the Timber Ridge property. The Vail Timber Ridge LLC submitted a response to the RFQP as the best option for the development of the Timber Ridge property. The Town, Timber Ridge Affordable Housing Corporation and the Vail Timber Ridge LLC wish to enter into a Pre-Developer Agreement for the redevelopment of the Timber Ridge property STAFF RECOMMENDATION: Approve the Pre-Development Agreement and authorize the Town Manager to sign and enter into the agreement with Vail Timber Ridge LLC in a form approved by the Town Attorney. ATTACHMENTS: Resolution No. 24, Series of 2009 Pre-Development Agreement \n 10/20/2009\n Resolution No. 24, Series 2009 RESOLUTION NO. 24 Series of 2009 A RESOLUTION APPROVING THE PRE-DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO, TIMBER RIDGE AFFORDABLE HOUSING CORPORATION AND VAIL TIMBER RIDGE LLC REGARDING THE REDEVELOPMENT OF THE TIMBER RIDGE PROPERTY; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, on December 18, 2008, the Town issued a request for qualifications and proposals (“RFQP”) seeking qualified individuals or organizations to develop the Timber Ridge property (the “property”); and WHEREAS, the Vail Timber Ridge, LLC (the “Developer”) submitted a response to the RFQP, and the Town selected the Developer’s response to the RFQP as the best option for development of the Property for employee housing; and WHEREAS, the Town, Timber Ridge Affordable Housing Corporation (“TRAHC”) and the Developer wish to enter into a Pre-Developer Agreement (the “Agreement”) for the redevelopment of the Timber Ridge property. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Agreement with TRAHC and the Developer, in a form approved by the Town Attorney, for the redevelopment of the Timber Ridge property Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of October, 2009. _________________________ Richard Cleveland Town Mayor ATTEST: _____________________________ Lorelei Donaldson Town Clerk 10 - 1 - 1\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC PRE-DEVELOPMET AGREEMET THIS PRE-DEVELOPMENT AGREEMENT ("Agreement") is made this ______ day of _______________, 20___ (the "Effective Date"), by and between the Town of Vail, Colorado, a Colorado home rule municipality, (the "Town"), Timber Ridge Affordable Housing Corporation, a Colorado non-profit corporation (the "Corporation") and Vail Timber Ridge LLC, a Nevada limited liability corporation ("Developer"), (individually a "Party" and collectively the "Parties"). WHEREAS, the Corporation is the owner of certain real property, more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, on December 18, 2008, the Town issued a request for proposals ("RFP") seeking qualified individuals or organizations to develop the Property for employee housing; WHEREAS, Developer submitted a response to the RFP, and the Town selected Developer's response to the RFP as the best option for development of the Property for employee housing; WHEREAS, to accomplish the development of the Property for employee housing, the Corporation would retain fee ownership of the Property, but would provide Developer with a long- term ground lease of the Property; and WHEREAS, the Parties wish to establish terms of the pre-development process and parameters of the eventual development of the Property for employee housing. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the parties hereto agree as follows: 1. Exclusive Option to Develop. During the term of this Agreement and subject to all of its terms, Developer shall have the exclusive option to develop the Property for employee housing. 2. Parameters of Development. The eventual development of the Property for employee housing ("Development") shall be subject to the execution of a mutually acceptable development improvement agreement ("DIA"). The Development shall meet the following parameters, which may be further detailed in the DIA: a. Except as otherwise expressly provided in this Agreement and the DIA, the Development shall at all times be subject to the Vail Town Code. b. The Town shall provide the Developer with a long-term ground lease of the Property, with an initial term of sixty (60) years, plus three (3) options to renew for a period of ten (10) years each, for no additional compensation, with each renewal option contingent upon the condition that all improvements on the Site are in good condition and the buildings on the Site are habitable ("Ground Lease"). All rentals due under the Ground Lease will be reflected by a one-time up-front payment of eleven million dollars ($11,000,000) due at the Ground Lease Closing. All improvements constructed on the Property shall be owned by Developer; provided that, to the extent necessary for tax purposes and mutually agreed by the 10 - 2 - 1\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 2 Parties, Developer may grant to the Town or its housing authority a one-percent (1%) interest in such improvements. c. Developer shall conduct at least one pre-application conference with the Town Council, the Development Review Board ("DRB") and the Planning and Environmental Commission ("PEC") prior to submitting its initial application for the Development. Such pre-application conference is an opportunity for Developer to hear comments from the Town Council, the DRB and the PEC concerning the Development, but the Town shall not be bound by any such comments, and any reliance on such comments shall be at Developer's own risk. d. Developer shall submit to the Town the initial application for the Development on or before April 1, 2010. The application must be signed by the Town and the Corporation, because the Corporation will remain the fee owner of the Property and the Town and the Corporation must consent to the Development application. All applications for the Property shall be processed in accordance with the Vail Town Code. e. The Development shall include three hundred fifty-nine (359) Employee Housing Units capable of housing five hundred seventy (570) beds for employees, as the term "employee" is defined in Section 12-2-2 of the Vail Town Code. It is acknowledged by the Parties that Developer has relied on this number of Employee Housing Units and beds in calculating its financing for the Development, and therefore, the number of Employee Housing Units and beds shall not be increased or reduced by Developer or the Town Council at any time, except by mutual written agreement of Developer and the Town. f. Parking for the Development shall be determined pursuant to the Vail Town Code. g. At no time shall the Development eliminate access to or the ability to safely occupy the Timber Ridge housing units currently existing on the real property adjacent to the Property, as more particularly described on Exhibit B, attached hereto and incorporated herein by this reference (the "Adjacent Property"). h. The Town shall refund all amounts paid by Developer for the Town's construction and building materials use tax applicable to the Property within ten (10) days of the Town’s receipt thereof. i. The Town agrees to waive all demolition and building permit fees for permits issued by the Town in connection with the Development. j. The Town shall impose typical and customary plan review fees for review of all plans for the Property, and Developer shall be responsible for payment of such fees as required by Town regulations. k. The Town shall use its best efforts to help Developer obtain an exemption from property taxes for the Development from all taxing authorities. To the extent the 10 - 2 - 2\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 3 Property is not tax-exempt, the Town shall refund any property taxes, net of the Eagle County Treasurer's fee, collected by the Town on the Property or improvements thereon. l. If Developer wishes to use federal funds for the Development, it shall be Developer's sole responsibility to procure such funds. m. Developer shall be responsible for construction of any public improvements necessary for the Development, including streets, sidewalks and utilities (including relocating the gas line currently located in the Frontage Road); provided, however, the Town shall reimburse Developer for the costs of the improvements to the Frontage Road required for the Development, including a deceleration lane. The timing of such reimbursement shall be addressed in the DIA. 3. Ground Lease Closing. The Ground Lease Closing shall occur within thirty (30) days of final approval of all of Developer's applications for the Development and satisfaction of all conditions for Development financing. If the Town or the Corporation fails to execute the Ground Lease at the Ground Lease Closing, the Developer shall be entitled to the remedies specified in Section 6 hereof. At the Ground Lease Closing, the Town, the Corporation and the Developer shall execute a deed restriction stating that (i) the Property shall include approximately three hundred fifty- nine (359) Employee Housing Units capable of housing five hundred seventy (570) employee beds in perpetuity, unless the number of beds or Employee Housing Units is modified by mutual agreement of the parties pursuant to Section 2.e. hereof; and (ii) such beds may be leased to non-employees in the event not leased by employees, pursuant to the terms of the Ground Lease. 4. Town and Corporation Obligations. a. During the term of this Agreement, the Town and the Corporation shall work with Developer and the Colorado Department of Transportation ("CDOT") to resolve roadway issues related to the Development. b. The Town and the Corporation will cause an updated title commitment for the Property and the Adjacent Property to be delivered to Developer within thirty (30) days of the date of this Agreement. The Town and the Corporation shall amend the deed restriction currently existing on the Property to allow for the Development, and the Town shall issue a corrective deed to the Corporation removing the restrictive covenants existing on the Property. c. The Town and the Corporation shall grant to Developer, for the benefit of the Property, easements across the Adjacent Property that are mutually determined to be necessary for the Development; including without limitation, utility, drainage, and access easements; provided, however, no such easements will have a material adverse effect on the operation of the Adjacent Property. d. Except as otherwise provided in this Agreement, the Town and the Corporation shall cause any existing liens and encumbrances on the Property to be released in order to facilitate Developer’s financing. 10 - 2 - 3\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 4 e.The Town and the Corporation shall obtain the release of any master lease on the Property and deliver the Property free of any leases or parties in possession on the date of the Ground Lease Closing. f. The Town, Corporation and Developer will negotiate and execute a commercially reasonable form of Ground Lease which will reflect necessary provisions for Developer's financing. g. The Town and the Corporation shall contribute to Developer for purposes of the Development any tap fee credits attributed to the Property as of the Effective Date of this Agreement. h. Within thirty (30) days of the Effective Date, the Town shall commission a study to determine the total cost of the rock fall mitigation necessary for the Development, and Developer shall reimburse the Town for fifty percent (50%) of the cost of such study within ten (10) days of receipt of an invoice from the Town. The details regarding payment for rock fall mitigation costs shall be set forth in the DIA. i. The Town shall waive traffic impact fees associated with the Development. j. If necessary, the Town shall subordinate its existing indebtedness on the Property to the Ground Lease and construction financing for the Development. k. The Town and the Corporation shall negotiate in good faith with Developer for an exclusive option to develop the Adjacent Property on terms similar to the final structure of this Development, to be more particularly set forth in a commercially reasonable form of option agreement. The term of such option shall be five (5) years from the issuance of the first certificate of occupancy for the Development. l. The Town shall not amend applicable development standards, subdivision regulations or zoning regulations in any manner that has a material adverse effect on the scope or parameters of the Development. 5. Due Diligence. During the term of this Agreement, Developer shall conduct all due diligence necessary to determine whether the Property is suitable for the Development, at Developer's sole cost. 6. Term, Termination and Breach. a. This Agreement shall commence upon the Effective Date and terminate two (2) years thereafter, provided that either Party may terminate this Agreement earlier than such date upon thirty (30) days written notice to the other Parties. b. In the event of a breach by a Party to this Agreement, the non-breaching Party will provide written notice of each breach to the breaching Party, and the breaching Party will have a period of thirty (30) days from receipt of such notice in which to cure such breach, provided that if such breach would reasonably be expected to take longer than thirty (30) 10 - 2 - 4\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 5 days to cure, the breaching party may have an additional period to cure as may be reasonably necessary, provided such cure is promptly commenced and diligently prosecuted to completion. c. In the event of an uncured breach by Developer and a termination of this Agreement by the Town or the Corporation as a result of such breach, Developer shall lose the option set forth in Section 1 hereof, and the Town and the Corporation shall have no further obligation to Developer. d. In the event of a termination of this Agreement due to any of the following four events: (i) an uncured breach by the Town or the Corporation; (ii) a termination by the Town or the Corporation without cause; (iii) the inability of the Town to close on the Ground Lease; or (iv) a unilateral change by the Town in the number of Employee Housing Units or beds that is not agreed to by Developer; the Town shall reimburse Developer for its actual out-of-pocket expenses incurred for third-party consultants for architectural and engineering services in connection with the Development, incurred from the Effective Date through the date of termination, uncured breach or the Ground Lease Closing, whichever occurs first, up to a maximum amount of one million dollars ($1,000,000), subject to the submission to the Town of actual invoices proving such costs. Such out-of-pocket costs shall not include any fees for legal services or salaries for any employees of Developer. 7. Costs. Except as otherwise set forth herein, each Party shall be responsible for its own costs under this Agreement. 8. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. 9. Integration. This Agreement and any attached exhibits constitute the entire Agreement between Developer and the Town, superseding all prior oral or written communications. 10. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns. 11. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. If any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 12. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. 13. Assignment. There shall be no transfer or assignment of any of the rights or obligations of Developer under this Agreement without the prior written approval of the Town. 10 - 2 - 5\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 6 14. Recordation. This Agreement shall be recorded in the real estate records of Eagle County and shall be a covenant running with the Property. 15. Title and Authority. Developer expressly warrants and represents to the Town that the undersigned individuals have full power and authority to enter into this Agreement. Developer and the undersigned individuals understand that the Town is relying on such representation and warranty in entering into this Agreement. 16. Third Parties. There are no intended third-party beneficiaries to this Agreement. 17. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. 18. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. WHEREFORE, the parties hereto have executed this Agreement on the day and year first above written. TOWN OF VAIL, COLORADO ____________________________________ Dick Cleveland, Mayor ATTEST: _________________________________ Lorelei Donaldson, Town Clerk APPROVED AS TO FORM: _________________________________ Matt Mire, Town Attorney 10 - 2 - 6\n \n 10/20/2009\n 10/16/2009 PDFConvert.746.1.Timber_Ridge_pre-DIA.DOC 7 TIMBER RIDGE AFFORDABLE HOUSING CORPORATION By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of ________________________, 20___, by _________________________ as the _______________________ of Timber Ridge Affordable Housing Corporation. My commission expires: (S E A L) _____________________________________ Notary Public VAIL TIMBER RIDGE LLC By: Name: Its: STATE OF COLORADO ) ) ss. COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of ________________________, 20___, by _________________________ as the _______________________ of Vail Timber Ridge LLC. My commission expires: (S E A L) _____________________________________ Notary Public 10 - 2 - 7\n \n 10/20/2009\n VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: October 20, 2009 ITEM/TOPIC: Resolution No. 25, Series of 2009, A Resolution Approving the Development Option Agreement Between the Town of Vail, Colorado, and OHP Vail One, LLC, Regarding the Lionshead Parking Structure Development Option Agreement; and Setting Forth Details in Regard Thereto. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Approve the Development Option Agreement and authorize the Town Manager to sign and enter into the agreement with OHP Vail One LLC in a form approved by the Town Attorney. BACKGROUND: On October 16, 2007, The Town and OHP Vail One, LLC entered into a Development Improvement Agreement and a First Amendment to the Development Improvement Agreement (DIA) August 19, 2008. The Parties acknowledge and the DIA recongnizes that the LionsHead Parking Structure is currently encumbered by a deed restriction held by Vail Associates, Inc., The Vail Corporation, D/B/A Vail Associates Inc. or another related corporate entity setting forth the rights and obligations of the Parties with respect to the redevelopment site. The DIA expired by its terms on June 17, 2009. STAFF RECOMMENDATION: N/A ATTACHMENTS: 101609 OHP Letter Resolution No. 25, Series of 2009 Development Option Agreement \n 10/20/2009\n To: Vail Town council From: Matt Mire, Town Attorney Subject: Development Option Agreement Attached for Council consideration is a resolution and development option agreement between the Town of Vail and Open Hillwood Partners, Vail One, LLC (OHP). The attached agreement outlines the conditions under which a development option would be provided to OHP for the LionsHead Parking Structure and an unimproved charter bus parking lot. Staff Recommendation: Staff recommend Council consider the attached resolution and determine if they want to enter into the proposed agreement. 11 - 1 - 1\n \n 10/20/2009\n Resolution No. 25, Series 2009 RESOLUTION NO. 25 Series of 2009 A RESOLUTION APPROVING THE DEVELOPMENT OPTION AGREEMENT BETWEEN THE TOWN OF VAIL, COLORADO, AND OHP VAIL ONE, LLC, REGARDING THE LIONSHEAD PARKING STRUCTURE DEVELOPMENT OPTION AGREEMENT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the “Charter”); and WHEREAS, the members of the Town Council of the Town (the “Council”) have been duly elected and qualified; and WHEREAS, on October 16, 2007, the Town and OHP Vail One, LLC (the “Developer”) entered into a Development Improvement Agreement and a First Amendment to the Development Improvement Agreement on August 19, 2008 (collectively, the “DIA”) ; and WHEREAS, the Parties acknowledge, and the DIA recognizes that the LionsHead Parking Structure (the “Site”) is currently encumbered by a deed restriction held by Vail Associates, Inc., The Vail Corporation, D/B/A Vail Associates Inc., or another related corporate entity setting forth the rights and obligations of the Parties with respect to the redevelopment site; and WHEREAS, The Parties acknowledge that the DIA expired by its terms on June 17, 2009; and WHEREAS, though the DIA is no longer in effect, the Town desires to provide the Developer with an exclusive option to develop the Site under terms and conditions of the attached Agreement. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the Town Manager to enter into the Agreement with OHP Vail One, LLC, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of October, 2009. _________________________ Richard Cleveland Town Mayor ATTEST: _____________________________ Lorelei Donaldson Town Clerk 11 - 2 - 1\n \n 10/20/2009\n Resolution No. 25, Series 2009 11 - 2 - 2\n \n 10/20/2009\n 1 DEVELOPMET OPTIO AGREEMET THIS DEVELOPMENT OPTION AGREEMENT (“Agreement”) is entered into by and between the TOWN OF VAIL, COLORADO, a Colorado home rule town, with offices at 75 South Frontage Road, Vail, Colorado 81657 (the “Town”) and OHP VAIL ONE, LLC, a limited liability company organized under the laws of the State of Delaware (“Developer”), located at 2525 McKinnon Street, Suite 750, Dallas, Texas 75201 (each individually a “Party” and collectively “the Parties”). WHEREAS, following an extensive request for proposal process beginning in May, 2006, the Town selected Developer to redevelop approximately 6.6 acres of real property owned by the Town and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the “Site”), which consists of the Lionshead Parking Structure and an unimproved charter bus parking lot located at 395 South Frontage Road, Vail, Colorado 81657; WHEREAS, the Town and Developer entered into a Development Improvement Agreement dated October 16, 2007 and a First Amendment to Development Improvement Agreement on August 19, 2008 (collectively, the “DIA”), setting forth the rights and obligations of the Parties with respect to the redevelopment of the Site; WHEREAS, the Parties acknowledge, and the DIA recognized that the Site is currently encumbered by a deed restriction (the “Deed Restriction”) held by Vail Associates, Inc., The Vail Corporation, D/B/A Vail Associates, Inc., a Colorado corporation, or another related corporate entity; WHEREAS, the Parties acknowledge that the DIA expired by its terms on June 17, 2009; WHEREAS, though the DIA is no longer in effect, the Town desires to provide Developer with an exclusive option to develop the Site under the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as hereinafter set forth, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each Party hereto, the Parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: “Project Plan” means the schematic, architectural internal and external layouts of the Site, which may include architectural concepts, defined and architectural uses, massing, a valet parking program and movement of people, but shall not include architectural details including colors, materials, or other similar architectural or design specifics. “Public Improvements” means and includes roadways, sidewalks, parking, drainage facilities and transportation facilities. 11 - 3 - 1\n \n 10/20/2009\n 2 2. DIA. The Parties acknowledge and agree that the DIA expired by its terms on June 17, 2009, and is no longer in effect. The Parties further acknowledge that the Town was at all times in compliance with the DIA and that there are no outstanding claims or issues related to the DIA. 3. Term. a. This Agreement shall commence on October 15, 2009 and shall terminate on the earlier of (i) December 31, 2014, or (ii) the date that is three years following the date that the Deed Restriction has been removed as an encumbrance to the Site; provided that this Agreement may be terminated pursuant to Section 3(b) or (c) below, and may be extended by mutual agreement of the Parties. b. This Agreement may be terminated by the Town if Developer has not complied with Section 4(b) hereof. This Agreement may be terminated by Developer only if the Town violates Section 4(a) of this Agreement. c. This Agreement may be terminated by the Town or Developer for convenience upon thirty (30) days prior written notice, prior to the date Developer exercises the Option. 4. Option to Develop Site. a. During the term of this Agreement, the Town hereby grants Developer an exclusive option to develop the Site, subject to the terms of this Agreement (the “Option”). The Town agrees not to engage in negotiations with any other person or entity regarding the development of the Site while this Agreement is in effect. b. The fee for exercising the Option shall be five hundred thousand dollars ($500,000) (the “Initial Fee”), which fee shall be due and payable by Developer sixty (60) days following the date the Town notifies the Developer that the Deed Restriction has been removed as an encumbrance to the Site. Upon such notice, if Developer makes the Initial Fee payment, the Option shall be deemed to have been exercised. 5. Development of Site. a. If Developer exercises the Option, Developer shall obtain written approval from the Town before resubmitting its Project Plan. The resubmitted Project Plan shall be treated as a new development application, subject to all provisions of the Vail Town Code applicable to the project as of the date of resubmittal of the Project Plan. b. If Developer exercises the Option, Developer shall pay the Town an additional option fee (“Additional Option Fee”) of one hundred thousand dollars ($100,000) every six months until commencement of construction. If Developer has not filed its first application for a building permit within twenty-four (24) months from the date Developer exercises the Option, the Option shall expire and this Agreement shall terminate. 11 - 3 - 2\n \n 10/20/2009\n 3 c. Any amounts paid by the Developer for the Initial Fee or any Additional Option Fee shall be first credited against any costs for maintenance that Developer is responsible to reimburse the Town for pursuant to Section 6 hereof, and if any amounts are remaining, the remaining amounts shall be credited against any public improvements for which the Developer will be required to construct as part of the development of the Site. 6. Maintenance, Repair and Replacement. a. During the term of this Agreement, the Town shall maintain, repair and to the extent necessary, replace Public Improvements on the Site. The Town may use its own funds or, as allowed by law, funds of the Vail Reinvestment Authority. The extent of maintenance, repair and replacement of Public Improvements shall lie within the sole discretion of the Town. b. Prior to the Developer commencing construction, Developer shall reimburse the Town or the Vail Reinvestment Authority, as applicable, for any costs incurred by the Town or the Vail Reinvestment Authority related to any improvements made to the Site between the date of the execution of this Agreement and Developer’s commencement of construction of the redevelopment. Such reimbursement shall be paid by Developer prior to commencement of construction. 7. Amendment. This Agreement may not be amended or terminated except by mutual written consent of the Parties. 8. Assignment. Developer shall not assign or otherwise transfer this Agreement or any rights or obligations therein, without the Town’s prior written consent. 9. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the Eagle County, Colorado. 10. No Waiver. No Party shall have waived the exercise of any right that it holds hereunder unless such waiver is made expressly and in writing. Delays in the enforcement or the waiver of any one more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement. 11. Entire Agreement. This Agreement and the attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. 12. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 13. No Third-Party Beneficiaries. There are no intended third-party beneficiaries to this Agreement. 11 - 3 - 3\n \n 10/20/2009\n 4 14. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 15. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity participating in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of Developer. 16. Recording. Developer may record this Agreement in the real property records of Eagle County, Colorado, at Developer’s sole cost. IN WITNESS WHEREOF, each Party has executed this Agreement or caused it to be executed on its behalf by its duly authorized representative on the ___ day of ___________, 2009. TOW OF VAIL, COLORADO: Stan Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk OHP VAIL OE, LLC: By: Name: Title: 11 - 3 - 4\n \n 10/20/2009\n