HomeMy WebLinkAbout2009-10-20 Agenda and Support Documentation Town Council Work SessionVAIL TOWN COUNCIL
WORK SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
11:00 A.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.
Public comments on work session item may be solicited by the Town
Council.
1.
ITEM/TOPIC: Site Visit. A work session to present options for addressing
the color and/or reflectivity of the newly installed metal roof atop the Dobson
Ice Arena. (45 min.)
PRESENTER(S): George Ruther / John Gallegos / Scott O'Connell (VRD)
ACTION REQUESTED OF COUNCIL: Does the Town Council wish to instruct the
town staff to follow up on any of the options identified for addressing the color
and/or reflectivity of the newly installed metal roof atop the Dobson Ice Arena?
BACKGROUND: On September 15, 2009, Snowden Smith, General Manager,
Vail International Condominiums, appeared at the Vail Town Council meeting on
behalf to the condominium owners to express their dissatisfaction with the results
of the re-roofing project at the Dobson Ice Arena and the adjacent property owner
notification process. At that time staff committed to returning to the Town Council
with a list of potential options for resolving the aesthetics of the re-roofing project.
STAFF RECOMMENDATION: Possible options may include 1) Replacing the
metal roof material 2) Painting the metal roof material a different color 3) Planting
additional landscaping to screen the view of the roof from adjacent properties 4)
Keep the roof "as is" and approved by the Town of Vail, Design Review Board.
2. ITEM/TOPIC: Lunch. (20 min.)
3.
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)
(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property
interests; to receive legal advice on specific legal questions; and to
determine positions, develop a strategy and instruct negotiators, Re:
LionsHead ParkingStructure development option agreement; 2) C.R.S. §
24-6-402(4)(b) - to receive legal advice on specific legal questions; Re:
pending and threatening litigation; 3)C.R.S. § 24-6-402(4)(b) - to receive
legal advice on specific legal questions; Re: marijuana dispensaries. (60
min.)
PRESENTER(S): Matt Mire
4.
ITEM/TOPIC: PEC/DRB Update. (15 min.)
PRESENTER(S): Warren Campbell
5.
ITEM/TOPIC: The purpose of this work session item is to request Vail Town
Council (Council) to direct Staff on the next steps for pursuing an
appropriate compliance strategy related to private encroachments into
public stream tracts now that a professional survey of public stream tracts
along Gore Creek and the primary tributaries in the Town of Vail has been
completed. (30 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Should Town Staff actively pursue the next
steps identified in Developing A Compliance Strategy (section IV of this
memorandum) for addressing illegal encroachments of private improvements in
the town-owned stream tract?
BACKGROUND: Council has identified the environment as a top priority for
immediate and future consideration and protection. Protecting publicly-owned
riparian areas is considered a high priority and has necessitated a professional
survey of the public stream tracts along Gore Creek and the primary tributaries in
the Town of Vail. Now that the survey has been completed and is being evaluated
by Staff, the Town is better situated to identify the magnitude of private
encroachments into public stream tracts which will enable Staff to more effectively
follow through with a compliance strategy as directed by Council.
STAFF RECOMMENDATION: Staff requests that Council listen to the
presentation and asks any appropriate questions, as well as provide direction to
Staff on next steps in pursuing an appropriate compliance strategy related to
private encroachments into public stream tracts.
6.
ITEM/TOPIC: Development Permit and Impact Fees. (20 min.)
PRESENTER(S): George Ruther / Tom Kassmel / Mark Miller
ACTION REQUESTED OF COUNCIL: Listen to staff presentation regarding
existing development fees and proposed impact fees. Provide feedback and
direction to staff.
BACKGROUND: The Town of Vail has recently completed two nexus studies
related to Transportation and Fire infrastructure to determine the allowable impact
fee that can be attributed to future development growth within the Town. The
purpose of the impact fees is to have development growth 'pay its way' for the
proportionate share of the anticipated needs for Transportation and Fire
infrastructure. Each nexus study was presented to the Council this past July and
September. In September, Council requested to see the ‘Big Picture’ with regard
to Town fees, so Council could understand what the cost of development is based
on current Town fees and what it would be with enacted impact fees. Staff has
prepared a few examples based on actual projects within the Town, summarizing
all fees collected by the Town.
STAFF RECOMMENDATION: Direct staff to move forward through the process
and to draft an ordinance for review and approval by Town Council in order to
implement the impact fees.
7.
ITEM/TOPIC: A work session to present the findings of fee waiver programs
for other communities and to determine if the Town Council wishes to
proceed with this type of economic incentive program. (20 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Does the Vail Town Council wish to
instruct the Town staff to return to a future Town Council evening meeting with a
proposal to waive the fees for certain development and building permit
applications?
BACKGROUND: The number of development applications and the amount
building permit activity has slowed significantly with the recent downturn in the
economy. Research indicates that the local economy is significantly influenced by
real estate development and construction activity. In an effort to stimulate and
influence the local economies, several other communities in the region and across
the State have temporarily waived the fees for certain development and building
permit applications.
STAFF RECOMMENDATION: As this is a worksession, staff is not making a
recommendation at this time. Staff will make a formal recommendation should the
Town Council decide to proceed forward with an amending ordinance.
8.
ITEM/TOPIC: Discussion of the 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. (15
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 Commission
recommends that the Vail Town Council approves, with modifications, Ordinance
No. 22, Series of 2009, upon first reading.
9.
ITEM/TOPIC: Eagle County School District Update RE50J. (30 min.)
PRESENTER(S): Sandra Smyser, RE50J Superintendent
10.
ITEM/TOPIC: Discuss the second reading of the 2010 Budget Ordinance
No. 19, Series 2009, in preparation for approval during the evening session.
(30 min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the capital items identified by
Council during the October 6th meeting.
BACKGROUND: Council asked to have further discussion of capital items within
the 2010 proposed budget. The 2010 budget ordinance may be amended to
include any changes based on these discussions.
STAFF RECOMMENDATION: Staff recommends that the Town Council
approves, or approves with amendments, Ordinance No. 19, Series 2009, upon
second reading this evening.
11.
ITEM/TOPIC: Information Update.
a. Vail Nature Center Greenhouse Update. (15 min.)
PRESENTER(S): Pam Brandmeyer
12.
ITEM/TOPIC: Matters from Mayor & Council. (15 min.)
PRESENTER(S): Town Council
13.
ITEM/TOPIC: Adjournment. (4:15 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
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THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, NOVEMBER 3, IN THE VAIL TOWN
COUNCIL CHAMBERS.
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Site Visit. A work session to present options for addressing the color and/or
reflectivity of the newly installed metal roof atop the Dobson Ice Arena.
PRESENTER(S): George Ruther / John Gallegos / Scott O'Connell (VRD)
ACTION REQUESTED OF COUNCIL: Does the Town Council wish to instruct the town staff
to follow up on any of the options identified for addressing the color and/or reflectivity of the
newly installed metal roof atop the Dobson Ice Arena?
BACKGROUND: On September 15, 2009, Snowden Smith, General Manager, Vail
International Condominiums, appeared at the Vail Town Council meeting on behalf to the
condominium owners to express their dissatisfaction with the results of the re-roofing project at
the Dobson Ice Arena and the adjacent property owner notification process. At that time staff
committed to returning to the Town Council with a list of potential options for resolving the
aesthetics of the re-roofing project.
STAFF RECOMMENDATION: Possible options may include 1) Replacing the metal roof
material 2) Painting the metal roof material a different color 3) Planting additional landscaping
to screen the view of the roof from adjacent properties 4) Keep the roof "as is" and approved
by the Town of Vail, Design Review Board.
ATTACHMENTS:
Town Council Memorandum
1
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
Public Works Department
Vail Recreation District
DATE: October 20, 2009
SUBJECT: A worksession to present options for addressing the color and/or
reflectivity of the newly installed metal roof atop the Dobson Ice Arena.
I. PURPOSE
The purpose of this worksession is to present options for addressing the color
and/or reflectivity of the newly installed metal roof atop the Dobson Ice Arena.
II. BACKGROUND
On July 15th, the Town of Vail Design Review Board approved an
amended design application to allow for the replacement of the roof on the
Dobson Ice Arena. According to the applicant, the Town of Vail, on behalf of the
Vail Recreation District, the request was to replace the existing wood shake roof
material with a new raised panel metal roof system. A metal roof material was
selected by the applicant because of its durability, low maintenance, cost, snow
shedding capabilities and ease of installation. The color proposed by the
applicant was a "zinc metal gray" to match an existing siding color on the eastern
end of the arena.
During the public hearing on the application, the Design Review Board found that
the zinc metal gray color was too drab and not warm enough and asked the
applicant to consider an alternate color. The final color selected and approved by
the parties at the meeting was "sandstone". The sandstone color was selected as
it matched the color of the two existing ventilation shafts atop the arena and
some architectural elements on the building. A small material sample, less than 4
inches square, was presented to the Board for consideration. The lighter
"sandstone" color was also selected as it absorbed less radiant heat resulting in
reduced indoor cooling costs for the operator of the ice arena.
Pursuant to Section of the Town of Vail Design Guidelines, in part,
"Metal roofing, when permitted, shall not reflect direct sunlight onto
an adjacent property and shall be surfaced with a low gloss finish or
be capable of weathering to a dull finish. Metal roofing, when
permitted, shall be of a heavy gauge and designed to provide visual
relief to the roof surface (including, but not limited to, a standing
seam). "
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On August 6, 2009, the Vail Town Council authorized the Town Manager to enter
into a contract with roofing contractor for the installation of the new metal roof.
On September 15, 2009, Snowden Smith, General Manager, Vail International
Condominiums, appeared at the Vail Town Council meeting on behalf to the
condominium owners to express their dissatisfaction with the results of the re-
roofing project and the adjacent property owner notification process. At that time
staff committed to returning to the Town Council with a list of potential options for
resolving the aesthetics of the re-roofing project.
III. STAFF RECOMMENDATION
The Town staff has identified the following options for consideration for
addressing the color and/or reflectivity of the Dobson Ice Arena roof:
1. Replace the roof panels with new panels which are less reflective and/or a
different color. The cost of new roof panels could be as much as $450,000 and
could be completed as soon as the spring of 2010.
2. Screen the view of the roof with large deciduous and coniferous trees planted
on town-owned land north of the Dobson Ice Arena. The trees will need time to
grow to screen the view of the roof from the adjacent properties.
3. Paint the roof with a low gloss paint to minimize the reflective finish and/or to
change the color of the panels. The cost to do so may be as much as $100,000.
Painting the panels will not affect the 30-year warranty against leaks but will
affect the 20-year warranty for the “baked on” finish. Once the roof is painted it
will require regular maintenance. The manufacturer recommends against
painting the roof panels.
4. Do nothing and keep the roof “as is”. The metal roof finish will likely dull and
“weather” over time. It is uncertain, however, how long that process may take.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Lunch.
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct
negotiators, Re: LionsHead ParkingStructure development option agreement; 2) C.R.S. § 24-
6-402(4)(b) - to receive legal advice on specific legal questions; Re: pending and threatening
litigation; 3)C.R.S. § 24-6-402(4)(b) - to receive legal advice on specific legal questions; Re:
marijuana dispensaries.
PRESENTER(S): Matt Mire
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: PEC/DRB Update.
PRESENTER(S): Warren Campbell
ATTACHMENTS:
October 7, 2009 DRB Meeting Results
October 12, 2009 PEC Meeting Results
Page 1
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
October 7, 2009
Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 1:30pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DuBois
Pete Dunning
Brian Gillette
Libby Plante
SITE VISITS 2:00pm
1. Eye Pieces – 278 Hanson Ranch Road
2. Ritz-Carlton Destination Club – 288 Bridge Street
3. Joe’s Deli – 288 Bridge Street
4. Antlers Condominiums – 680 Lionshead Place
5. Carey Residence – 875 Forest Road
PUBLIC HEARING – TOWN COUNCIL CHAMBERS 3:00pm
1. Carey Residence DRB090444 / 10 minutes Bill
Final review of a minor exterior alteration (fence)
825 Forest Road, Unit 1/Lot 3, West Day Subdivision
Applicant: Colin Doyle
ACTION: Tabled to October 21, 2009
MOTION: Gillette SECOND: Plante VOTE: 5-0-0
2. Antlers Condominiums DRB090470 / 15 minutes Warren
Final review of a minor exterior alteration (re-roof, stucco, solar panels)
680 Lionshead Place/Lot 3, Block 1, Vail Lionshead Filing 3
Applicant: Architectural Services
ACTION: Approved
MOTION: Dantas SECOND: Plante VOTE: 5-0-0
3. Eye Pieces DRB090488 / 10 minutes Warren
Final review of a minor exterior alteration (new entrance)
278 Hanson Ranch Road / Lots A & B, Blk 2, Vail Village Filing 1
Applicant: Dan Barry
ACTION: Approved
MOTION: DuBois SECOND: Gillette VOTE: 5-0-0
4. Joe's Deli DRB090443 / 15 minutes Rachel
Final review of a sign (menu board, daily special)
288 Bridge Street, Unit C-1/Lot D, Block 5A, Vail Village Filing 1
Applicant: Joseph Joyce
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Page 2
ACTION: Approved with conditions
MOTION: Dantas SECOND: DuBois VOTE: 5-0-0
CONDITION(S):
1. The applicant shall locate the menu box on the south side of the column with a one inch
border of stone on the left and right of the menu box.
2. The menu box shall match the color and material of the Ritz-Carlton display box located on
the subject property.
3. The specials board shall be located on the north side of the column below the existing
business identification sign and be consistent in design with the existing business
identification sign.
5. Ritz-Carlton Destination Club / 15 minutes Rachel
Appeal of staff denial (signage)
288 Bridge Street/Lots E, F, Block 5A, Vail Village Filing 1
Appellant: Jeff Selby
ACTION: Uphold Staff Denial
MOTION: DuBois SECOND: Plante VOTE: 5-0-0
FINDINGS:
1. The subject plaques are signs as defined in Title 11, Sign Regulations and therefore are
subject to the regulations within Title 11, Sign Regulations, Vail Town Code.
2. The subject plaques are business signs, as defined in Title 11, Sign Regulations, Vail Town
Code.
3. The subject plaques exceed the limit of one sign per business, in violation of Title 11, Sign
Regulations, Vail Town Code.
Information Update:
Frontage Road Lighting Master Plan Update / 60 minutes Bill
STAFF APPROVALS
Hicks Residence DRB090308 Bill
Final review of a minor exterior alteration (patio and water feature)
225 Forest Road/Lot 25, Block 7, Vail Village Filing 1
Applicant: Mary Ferero
Vail Resorts DRB090334 Bill
Final review of a sign (projecting and wall)
616 West Lionshead Circle, Unit 300/Vail Lionshead Filing 4
Applicant: Jeff Babb
Loftus Residence DRB090349 Bill
Final review of a minor exterior alteration (windows)
4335 Spruce Way #4/Lot 4, Block 3, Bighorn Subdivision 3rd Addition
Applicant: Steve Loftus
Versman Residence DRB090353 Warren
Final review of changes to approved plans (landscaping)
4230 Spruce Way/Lot 3, Block 7, Bighorn 3rd Addition
Applicant: Eco Irrigation & Landscaping
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Page 3
Ritz-Carlton DRB090356 Rachel
Final review of a minor exterior alteration (sign lighting)
288 Bridge Street, Unit C3/Lots E, F, Block 5A, Vail Village Filing 1
Applicant: Firtzlen Pierce Architects
Daigle-Vail LLC Residence DRB090362 Bill
Final review of a minor exterior alteration (deck)
4770 Bighorn Road, Unit 2, Building K/Unplatted
Applicant: Harriet Daigle
Vail Spa Condominiums DRB090364 Bill
Final review of a minor exterior alteration (pavers and light fixtures)
710 West Lionshead Circle/Lot 1, Block 2, Vail Lionshead Filing 3
Applicant: KH Webb Architecture
Bridge Street Jewelers DRB090365 Rachel
Final review of a minor exterior alteration (windows)
286 Bridge Street/Lot A, Bock 5A, Vail Village Filing 1
Applicant: Bridge Street Jewelers
Duke Residence DRB090366 Bill
Final review of changes to approved (garage, deck, windows, landscaping)
4868 Meadow Drive/Lot 3, Block 6, Bighorn Sub. 5th Filing
Applicant: Nedbo Construction
Seabridge Partnership Residence DRB090371 Bill
Final review of a minor exterior alteration (deck)
123 Willow Place, Unit 2/Lot 5, Block 6, Vail Village Filing 1
Applicant: Paul Breitenwischer
Bryony Investment Holdings LTD Residence DRB090374 Warren
Final review of a minor exterior alteration (patio and hot tub)
950 Fairway Drive/Lot 6, Vail Village Filing 10
Applicant: Adam Harrison
White Residence DRB090375 Warren
Final review of a minor exterior alteration (re-paint)
1833 Lionsridge Loop/Lot 4, Block 3, Lionsridge Filing 3
Applicant: Kenneth White
Greenwald DRB090379 Rachel
Final review of a minor exterior alteration (doors and windows)
5020 Main Gore Place, Unit L2/Unplatted
Applicant: Atlas Construction
Ford Amphitheater DRB090380 Warren
Final review of changes to approved plans (doors and bollards)
841 Vail Valley Drive/Unplatted
Applicant: Morter Architects
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Page 4
Ritz-Carlton DRB090381 Warren
Final review of changes to approved plans (decorative pavement)
728 West Lionshead Circle/West Day Subdivision
Applicant: Cody O'Kelly, Vail Resorts
Becker Appointment Trust Residence DRB090383 Warren
Final review of changes to approved plans (fire pit)
4026 Lupine Drive/Lot 13, Bighorn Subdivision
Applicant: Brown-Wolin Construction
Lublan Residence DRB090384 Jen
Final review of a minor exterior alteration (re-roof)
1994 Sunburst Drive/Lot 21A, Vail Valley Filing 3
Applicant: Michael Charles
Laidlaw Residence DRB090385 Jen
Final review of a minor exterior alteration (landscaping)
1722 Geneva Drive/Lot 10, Matterhorn
Applicant: W.C. Laidlaw
Snow Fox DRB090386 Warren
Final review of a minor exterior alteration (driveway)
1030 Lions Ridge Loop/Lot B2, Lions Ridge Filing 1
Applicant: Jay Nobrega
Checkpoint Charlie DRB090388 George
Final review of new construction (new structure)
Corner of Willow Bridge Rd and Gore Creek Drive
Applicant: Town of Vail
Covered Bridge ParkDRB090389 Rachel
Final review of a minor exterior alteration (reconfiguration)
75 South Frontage Road/Unplatted
Applicant: Town of Vail
Lauridsen Residence DRB090390 Bill
Final review of a minor exterior alteration (landscaping, curb and gutter)
265 Forest Road/Lot 21, Block 7, Vail Village Filing 1
Applicant: Vail Capital Partners
Treakle Residence DRB090392 Warren
Final review of a minor exterior alteration (drainage and gutters)
5064 Black Gore Drive/Lot 4, Vail Meadows Filing 1
Applicant: Bill Bain
International Milling LTD Residence DRB090393 Warren
Final review of a minor exterior alteration (patio)
994 Ptarmigan/Lot 3, Block 4, Vail Village Filing 7
Applicant: R&H Mechanical
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Villa Valhalla DRB090396 Bill
Final review of a minor exterior alteration (vent screening)
384 Gore Creek Drive/Lot J, Block 5, Vail Village Filing 5
Applicant: Villa Valhalla represented by John Cohagen
Gore Creek Condominiums DRB090397 Rachel
Final review of a minor exterior alteration (re-roof)
5026 Main Gore Drive/Lot 1, Gore Creek Meadows
Applicant: Roland Rautenstraus
Yarde Residence DRB090398 Rachel
Final review of changes to approved plans (retaining wall)
1895 Meadow Ridge Road/Lot 17, Buffehr Creek Resubdivision
Applicant: K.H. Webb Architects
Vail Dover Associates, LLC DRB090399 Bill
Final review of a minor exterior alteration (re-roof)
1 Willow Bridge Road/Lot 2, Block 5E, Sonnenalp
Applicant: Vail Dover Associates, LLC
Vail Racquet Club Condominiums DRB090402 Bill
Final review of a minor exterior alteration (re-roof)
4695 Racquet Club Drive/Unplatted
Applicant: Vail Racquet Club HOA
Timber Falls DRB090403 Warren
Final review of a minor exterior alteration (re-paint)
4500 Streamside Circle/Unplatted
Applicant: Karl Edgerton
Woodall Residence DRB090406 Rachel
Final review of a minor exterior alteration (deck)
4200 Columbine Way, Unit 2/Lot 2, Bighorn Terrace
Applicant: Ronda Woodall
Kneen/Valenti Residence DRB090407 Warren
Final review to changes to approved plans (exterior)
4424 Streamside Circle/Lot 10-A, Bighorn Subdivision 4th Addition
Applicant: John M. Perkins
Rams-Horn DRB090408 Warren
Final review of changes to approved plans (parking and landscaping)
416 Vail Valley Drive, Unit 16/Lot A, Block 3, Vail Village Filing 1
Applicant: Diane Milligan
Lodge Tower DRB090410 Bill
Final review of a sign (building identification)
200 Vail Road/Lot A, Block 5C, Vail Village Filing 1
Applicant: Stan Cope
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Mallinckrodt Residence DRB090411 Bill
Final review of a minor exterior alteration (re-roof)
123 Beaver Dam Road/Lot 36, Block 7, Vail Village Filing 1
Applicant: Master Sealers
C&J Ventures Residence DRB090412 Bill
Final review of a minor exterior alteration (re-paint)
2667 Bald Mountain Road/Lot 9E, Block 2, Vail Village Filing 13
Applicant: Bryan Johnson
Kelton Residence DRB090413 Rachel
Final review of a minor exterior alteration (reroof)
1034 Homestake Circle/Lot, Block 6, Vail Village Filing 1
Applicant: Plath Construction
Schwartz/Walsh Residence DRB090414 Warren
Final review of a minor exterior alteration (landscaping)
1136 Hornsilver Circle/Lot 10, Block 6, Vail Village Filing 7
Applicant: John Walsh
Sharer Residence DRB090415 Rachel
Final review of changes to approved plans (fireplace and water feature)
1187 Hornsilver Circle/Lot 13, Block 6, Vail Village Filing 7
Applicant: Shepherd Resources Inc.
Vail Golf Course DRB090416 Bill
Final review of changes to approved plans (ADA ramp)
2450 South Frontage Road East/Unplatted
Applicant: Vail Recreation District
Mahoney Residence DRB090417 Bill
Final review of changes to approved plans (windows)
433 Gore Creek Drive/Lot 15, Block 4, Vail Village Filing 1
Applicant: Steven James Riden, Architect
Ford Park Playground DRB090418 Warren
Final review of a minor exterior alteration (re-roof)
841 Vail Valley Drive/Unplatted
Applicant: Town of Vail
Daigle Residence DRB090419 Warren
Final review of a minor exterior alteration (hot tub)
1850 Lions Ridge Loop/Lot 15, Dauphinais-Moseley Filing 1
Applicant: A & K Construction
Theriault Residence DRB090421 Bill
Final review of changes to approved plans (landscaping and retaining walls)
2585 Bald Mountain Road/Lot 13, Block 2, Vail Village Filing 13
Applicant: Julie Spinnato
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Vail Sports DRB090423 Bill
Final review of a sign (individual business, hanging, window decals)
244 Wall Street, Unit M-1/Parcel 2, A Resubdivision of Part of Lot C, Block 5C, Vail Village 1st Filing
Applicant: Joe Walker
Kondos Residence DRB090424 Bill
Final review of changes to approved plans (basement)
1673 Matterhorn Circle/Lot 20A, Matterhorn Village Filing 1
Applicant: William Reslock
Rams-Horn Lodge Suite 16 DRB090425 Warren
Final review of changes to approved plans (mezzanine)
416 Vail Valley Drive, Unit 16/Lot A, Block 3, Vail Village Filing 1
Applicant: John & Diane Milligan
Austrian Residence DRB090426 Rachel
Final review of a minor exterior alteration (windows)
696 Forest Road/Lot 8A, Block 1, Vail Village Filing 6
Applicant: Robert L. Arnold Architect
Northwoods F-6 LLC Residence DRB090427 Warren
Final review of a minor exterior alteration (deck)
600 Vail Valley Drive, Unit F6/Unplatted
Applicant: Nedbo Construction
Broughton Residence DRB090428 Rachel
Final review of a minor exterior alteration (roof)
864 Spruce Court, Units A & B/Lot 12, Block 3, Vail Village Filing 9
Applicant: Saundra Spaeh Architect
Brennen Residence DRB090429 Jen
Final review of a minor exterior alteration (landscaping)
1838 Alpine Drive/Lot 15, Vail Village West Filing 1
Applicant: John Brennen
Carpenter Residence DRB090430 Bill
Final review of a minor exterior alteration (re-roof)
3226 Katsos Ranch Road/Lot 2, Block 1, Vail Village Filing 12
Applicant: Robert Carpenter
Mason Residence DRB090431 Warren
Final review of a minor exterior alteration (deck)
2602 Cortina Lane, Unit B/Lot 2, Block B, Vail Ridge
Applicant: James Mason
Plzak Residence DRB090433 Rachel
Final review of changes to approved plans (retaining wall)
740A Sandy Lane/Lot 4, Vail Potato Patch Filing 2
Applicant: Beth Plzak
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Page 8
Dean Residence DRB090434 Warren
Final review of a minor exterior alteration (landscaping)
4512 Streamside Circle East, Unit A/Lot 14, Bighorn 4th Addition
Applicant: Karl Edgerton
Kneen Residence DRB090436 Warren
Final review of a minor exterior alteration (landscaping)
4424 Streamside Circle East, Unit B/Lot 10-A, Bighorn 4th Addition
Applicant: James Pratt
Esrey Residence DRB090437 Rachel
Final review of a minor exterior alteration (windows and doors)
1314 Spraddle Creek Road/Lot 15, Spraddle Creek
Applicant: Beck Building Company
354 Beaver Damn Road Partners Residence DRB090438 Rachel
Final review of a minor exterior alteration (landing)
354 Beaver Dam Raod, Unit B/Lot 9, Block 2, Vail Village Filing 3
Applicant: Michael Charles
Town of Vail Library DRB090439 Rachel
Final review of a minor exterior alteration (windows)
292 West Meadow Drive/Lot 5, Block 1, Vail Lionshead Filing 2
Applicant: Susie Hervert
Apollo Park DRB090440 Jen
Final review of a minor exterior alteration (landscaping)
442 South Frontage Road East/Unplatted
Applicant: Herman Romero
The Wren DRB090441 Rachel
Final review of a minor exterior alteration (deck and hot tubs)
500 South Frontage Road East/Unplatted
Applicant: Derek Schmidt
Evergreen Lodge DRB090442 Warren
Final review of a minor exterior alteration (repaint)
250 South Frontage Road West/Lot 2, Block 1, Vail Lionshead Filing 2
Applicant: Pamela Stenmark
Brody/Dean Residence DRB090445 Bill
Final review of a minor exterior alteration (repaint)
4512 Streamside Circle East/Lot 14, Bighorn 4th Addition
Applicant: KH Webb Architects
Vail Racquet Club DRB090446 Bill
Final review of a minor exterior alteration (landscaping)
4770 Vail Racquet Club Townhouses Drive, Unit L-4/Unplatted
Applicant: Steve Loftus
4 - 1 - 8\n
Page 9
Vail Racquet Club DRB090447 Bill
Final review of a minor exterior alteration (pool fence)
4695 Vail Racquet Club Drive/Unplatted
Applicant: Steve Loftus
Orlinsky Residence DRB090448 Warren
Final review of a minor exterior alteration (entry)
1459 Greenhill Court, Unit A/Lot 6A, Glen Lyon Subdivision
Applicant: Bruce Wall
Oliver Residence DRB090449 Warren
Final review of a minor exterior alteration (deck)
1476 Westhaven Drive, Unit 5/Lot 53, Glen Lyon Subdivision
Applicant: Danielle Alberter
Simmons Residence DRB090450 Bill
Final review of a minor exterior alteration (stone veneer)
5157 Gore Circle/Lot 13, Block 3, Bighorn 5th Addition
Applicant: Patricia Simmons
Park Meadows Lodge DRB090451 Rachel
Final review of a minor exterior alteration (landscaping)
1472 Matterhorn Circle/Unplatted
Applicant: Franklin Boyer
Eagle Pointe Resort DRB090452 Warren
Final review of a minor exterior alteration (deck)
1500 Matterhorn Circle/Unplatted
Applicant: East West Resorts
Kelton Residence DRB090453 Rachel
Final review of a minor exterior alteration (window, deck)
1034 Homestake Circle/Lot 5, Block 6, Vail Village Filing 7
Applicant: Duane Piper
Beard Residence DRB090455 Warren
Final review of an addition (bedroom and exercise room)
1275 Westhaven Circle Unit A/Lot 46, Glen Lyon
Applicant: Stan & Bonnie Beard
White Rock Properties Residence DRB090457 Warren
Final review of a minor exterior alteration (landscaping)
4057 Lupine Drive/Lot 4, Bighorn Subdivision
Applicant: Alan Goncharoff
Sundial Townhomes HOA DRB090460 Warren
Final review of a minor exterior alteration (sidewalks)
5040 Main Gore Place/Unplatted
Applicant: Sundial Townhomes HOA, Represented by John Yapindich
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Page 10
Habenicht Residence DRB090461 Rachel
Final review of a minor exterior alteration (gutters)
1622 Matterhorn Circle/Lot 25, Matterhorn Village Filing 1
Applicant: Florence Habenicht
Checkpoint Charlie DRB090463 George
Final review of changes to approved plans (streetscape)
190 Gore Creek Drive/Town of Vail Right-of-Way
Applicant: Town of Vail
Simmons Residence DRB090466 Bill
Final review of changes to approved plans (stairs)
5157 Gore Circle/Lot 13, Block 3, Bighorn 5th Addition
Applicant: Patricia Simmons
Bryan Residence DRB090467 Bill
Final review of a minor exterior alteration (porch)
2395 Bald Mountain Road/Lot 23, Block 3, Vail Village Filing 13
Applicant: Tony Bryan
Billabong DRB090475 Bill
Final review of a sign (business identification)
227 Bridge Street, Unit D/Lot B, Block 5B, Vail Village Filing 1
Applicant: Dana Scheer
Bighorn Townhomes DRB090477 Rachel
Final review of changes to approved plans (siding)
4718 Meadow Drive/Tract C, Bighorn Townhomes
Applicant: Bighorn Townhomes HOA
Benducci Residence DRB090482 Jen
Final review of a minor exterior alteration (landscaping)
425 Forest Road, Unit A/Lots 4 & 6, Block 2, Vail Village Filing 3
Applicant: A Cut Above Forestry
Wiepking Residence DRB090489 Warren
Final review of a minor exterior alteration (landscaping)
332 Beaver Dam Circle/Lot 6, Block 4, Vail Village Filing 3
Applicant: Kevin Bossow
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner’s office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479-2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479-2356,
Telephone for the Hearing Impaired, for information.
4 - 1 - 10\n
Page 1
PLANNING AND ENVIRONMENTAL COMMISSION
October 12, 2009
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Michael Kurz
Bill Pierce
Rollie Kjesbo
Dave Viele
Scott Lindall
Susie Tjossem
Sarah Paladino
Site Visits:
No Site Visits
60 minutes
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, with modifications
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.
4 - 2 - 1\n
Page 2
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, 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 officially taken a stance on this proposed land use.
Commissioner Kurz asked for clarification regarding the exclusion of the land use from 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 business licenses issued. 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 a
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 per
the suggested criteria.
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.
4 - 2 - 2\n
Page 3
60 minutes
2. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12-3-7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
Rachel Friede gave a presentation per the staff memorandum.
Commissioner Viele inquired as to the statement of sustainability as an intent of the Zoning
Regulations. He stated that the language was too vague yet restrictive and could have serious
ramifications for building within the Town.
Commissioner Pierce requested that Ms. Friede generally describe the changes versus reading
the entirety of the submitted documents.
Jim Lamont stated he had no input on this item.
Commissioners provided feedback on specific ideas, thoughts and concerns they had from
reading the proposed language.
5 minutes
3. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
5 minutes
4. A request for a work session to discuss a conditional use permit, pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road/Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to October 26, 2009
MOTION: Viele SECOND: Kjesbo VOTE: 7-0-0
5. Approval of September 28, 2009 minutes
MOTION: Kurz SECOND: Tjossem VOTE: 7-0-0
6. Information Update
The Commissioners were invited to partake in the Trees for Vail program buy adopting and
planting a tree.
Discussion occurred around the number of scheduled meetings for the Commission in the
coming months.
4 - 2 - 3\n
Page 4
7. Adjournment
MOTION: Lindall SECOND: Kurz VOTE: 7-0-0
STAFF APPROVALS:
A conditional use permit amendment, pursuant to Section 12-16-10, Amendment Procedures, Vail
Town Code, to allow for a one year extension of a previously approved conditional use permit
(PEC070064) for the development of public buildings, grounds and facilities (temporary public
parking lot) located at Parcel A, Vail das Schone Filing 1 (former Wendy’s Restaurant site), and
setting forth details in regard thereto. (PEC090031)
Applicant: Town of Vail
Planner: Bill Gibson
Warren Campbell detailed that staff administratively extended the conditional use permit for the
temporary public parking lot on the former Wendy’s site for a period of one year to allow for the
continuation of the use up until the potential fire station project got going.
The Planning and Environmental Commission expressed there support for this extension.
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479-2138 for additional
information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published October 9, 2009, in the Vail Daily.
4 - 2 - 4\n
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: The purpose of this work session item is to request Vail Town Council (Council)
to direct Staff on the next steps for pursuing an appropriate compliance strategy related to
private encroachments into public stream tracts now that a professional survey of public
stream tracts along Gore Creek and the primary tributaries in the Town of Vail has been
completed.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Should Town Staff actively pursue the next steps
identified in Developing A Compliance Strategy (section IV of this memorandum) for
addressing illegal encroachments of private improvements in the town-owned stream tract?
BACKGROUND: Council has identified the environment as a top priority for immediate and
future consideration and protection. Protecting publicly-owned riparian areas is considered a
high priority and has necessitated a professional survey of the public stream tracts along Gore
Creek and the primary tributaries in the Town of Vail. Now that the survey has been
completed and is being evaluated by Staff, the Town is better situated to identify the
magnitude of private encroachments into public stream tracts which will enable Staff to more
effectively follow through with a compliance strategy as directed by Council.
STAFF RECOMMENDATION: Staff requests that Council listen to the presentation and asks
any appropriate questions, as well as provide direction to Staff on next steps in pursuing an
appropriate compliance strategy related to private encroachments into public stream tracts.
ATTACHMENTS:
Town Council Memorandum
Stream Tract Survey Extent
Private Encroachments
1
MEMORANDUM
TO: Vail Town Council
FROM: Public Works Department
Community Development Department
DATE: October 6, 2009
SUBJECT: A worksession to present the findings of the Gore Creek Stream Tract
Survey project and a discussion on next steps for developing a
compliance strategy for removal of private improvements from Town-
owned lands
I. PURPOSE
The purpose of this worksession is to
1) present the findings of the Gore Creek Stream Tract survey project,
and
2) discuss next steps for developing a compliance strategy.
II. BACKGROUND
Council has identified the “protect of the natural environment” as a top priority for
immediate and future efforts. Focused on sustainability and reducing our impact
on the environment, the Town has committed to continuous improvement of our
environmental practices by promoting ecosystem protection and a campaign for
community awareness and education.
The reach of Gore Creek flowing through Vail has been subjected to numerous
disturbances over the past 30 years including increased encroachment into the
public stream tracts. Over the past couple of years, efforts, including visual
assessment of properties adjacent to town-owned stream tracts along Gore
Creek from Vail Village Filing 11, just east of the golf course spanning west to
Cascade Village, have been made to investigate possible encroachments into
town-owned stream tracts. These inspections have identified numerous
properties that have apparently undergone some form of modification or
encroachment onto these sensitive riparian areas including, but not limited to:
landscaping town-owned riparian property; building decorative planters; using the
areas for recreational seating; or, in more severe cases, building structures, such
as a basketball court, on these town-owned properties. In some instances, Staff
has been able to work with owners to mitigate encroachments at numerous
properties, resulting in restoration of the stream tract closer to its natural state;
however, these issues have been resolved in only a few instances.
5 - 1 - 1\n
2
Previously, the Staff was unable to accurately and undoubtedly identify the
boundaries of existing publicly-owned stream tracts along Gore Creek and its
primary tributaries which present difficulties in enforcement of every
encroachment into public stream tracts. This particular aspect of management
practice will be critical for improving and protecting the future stream health
conditions of Gore Creek, thus maintaining Vail’s Gold Medal Trout status which,
in turn, sustains our summer fishing tourism economy.
Staff realized that a professional land survey needed to be conducted on specific
public stream tracts along Gore Creek and its primary tributaries resulting in the
accurate and indisputable identification, regulation and legally defensible pursuit
of compliance of encroachment issues. Such a survey for specific portions of
public stream tracts was identified as very resourceful to the Town since Staff
would have a clearer understanding of public stream tracts in relation to possible
encroachments as they are recognized.
On April 1, 2009, at the request of Town Council, a Request for Bids (RFB) was
released by the Town of Vail. The purpose of the RFB was to solicit bids from
qualified professional survey firms to provide surveying services for public stream
tracts along Gore Creek and the primary tributaries in the Town of Vail.
On May 19, 2009, Town Council authorized Staff to proceed with the issuance of
a contract in the amount of $55,000 to PLC, Inc. for the surveying of public
stream tracts along Gore Creek and the primary tributaries in the Town of Vail.
III. STREAM TRACT SURVEY RESULTS
Based upon preliminary visual analysis of the survey drawing of public stream
tracts overlaid onto the most up-to-date aerial photography (flow in 2004),
twenty-seven (27) properties have been identified as extremely likely to be
encroaching, to varying degrees, into public stream tracts. Additionally, twenty-
seven (27) more properties have been identified as likely to be encroaching but
may require additional follow-up in order to determine their actual status.
IV. NEXT STEPS IN DEVELOPING A COMPLIANCE STRATEGY
Compliance with the Town of Vail adopted land use regulations is the goal of this
effort. Enforcement is not the preferred alternative.
With that in mind, staff proposes that the Vail Town Council adopts the following
compliance strategies:
1. Maintain a “zero tolerance” policy for allowing illegal private encroachments
on town-owned stream tract lands. For instance, there is no discernible
difference between illegal landscape improvements and a basketball court.
Neither is permitted by the Town.
2. Draft an abatement ordinance for the Town Council’s consideration. An
abatement ordinance grants the Town the ability, among other things, to recoup
the cost of abatement and aids in facilitating the removal of illegal
5 - 1 - 2\n
3
encroachments if a violator is uncooperative. Presently, these important
compliance mechanisms do not exist in the Vail Town Code.
3. Develop a priority list for moving forward with the compliance process. Given
the large number and varying magnitude of the encroachments, a substantial
amount of staff time will be dedicated to this effort and prioritization of the task is
necessary.
4. Provide for up to six months (180 days) to prepare and implement a plan for
the complete removal of the illegal encroachments.
V. ACTION REQUESTED OF THE TOWN COUNCIL
Staff requests that the Town Council listens to the staff’s presentation and asks
any appropriate questions. Staff also requests that the Town Council answers
the following question:
Should Town staff actively pursue the next steps identified in developing a
compliance strategy (section IV of this memorandum) for addressing illegal
encroachments of private improvements into the town-owned stream tract?
V. ATTACHMENTS
A. List of properties potentially encroaching into public stream tracts
5 - 1 - 3\n
4
ATTACHMENT A
The purpose of this list is to provide an update to the Vail Town Council on several potential
encroachments into public stream tracts. Over the past couple of years, Staff has been working
with owners to mitigate some of the encroachments, resulting in restoration of the stream tract
to its natural state at numerous properties. The following charts provide a summary of the
potential encroachments with a general description, including the address, identified during
preliminary visual analysis of the survey drawing of public stream tracts overlaid onto the most
up-to-date aerial photography (flown in 2004),
Likely encroachments into public stream tracts:
Address Encroachment Description Existing Case #
(if applicable)
44 West Meadow Drive Landscaping 06Enc-06
63 Willow Place Landscaping
83 Willow Place Landscaping
123 Willow Place Landscaping
181 West Meadow Drive Parking area
228 Bridge Street Landscaping 06Enc-11
232 West Meadow Drive Bridge 06Enc-02
292 & 321 West Meadow Drive Landscaping
300 East Lionshead Circle Landscaping
302 Gore Creek Drive Landscaping
380 & 390 East Lionshead Circle Fence and walkway
413 Gore Creek Drive Landscaping and patio
483 Gore Creek Drive Decks
1225 Westhaven Lane, Unit A Landscaping
1255 Westhaven Circle, Unit A Landscaping
1295 Westhaven Circle Basketball court 06Enc-34
1385 Westhaven Circle Landscaping 06Enc-38
1415 Westhaven Drive, A & B Landscaping & path 06Enc-35/26
1476 Westhaven Drive Landscaping
2810 Aspen Court Patio
2910 Booth Creek Drive Landscaping
2920 Booth Creek Drive Landscaping 06Enc-17
2930 Booth Creek Drive, A & B Landscaping 06Enc-28/29
2950 Booth Creek Drive Landscaping and patio 06Enc-27
2990 Booth Creek Drive Landscaping and patio 06Enc-15
3010 Booth Creek Drive Landscaping & wood patio/artwork 06Enc-26
3070 Booth Creek Drive Bench and wood patio 06Enc-16
3110 Booth Creek Drive, A & B Landscaping
Possible encroachments into public stream tracts, requiring more investigation:
Address Encroachment Description Existing Case #
(if applicable)
20 Vail Road Landscaping
62 East Meadow Drive Walkway
82 West Meadow Drive, A & B Retaining walls 06Enc-01/04
122 West Meadow Drive, A & B Landscaping
5 - 1 - 4\n
5
123 Beaver Dam Road Landscaping
124 Willow Bridge Road Landscaping & retaining wall
142 West Meadow Drive Landscaping 06Enc-03
193 Beaver Dam Road Landscaping & bench
250 South Frontage Road West Parking area
265 Forest Road Landscaping 06Enc-14
303 Gore Creek Drive Landscaping 06Enc-20-25
352 East Meadow Drive Deck
385 Gore Creek Drive Parking
452 East Lionshead Circle Undetermined
625 Forest Road Undetermined
660 Lionshead Place Landscaping
680 Lionshead Place Swimming pool
825 Forest Road General disturbance
1241 Westhaven Circle Landscaping
1275 Westhaven Circle, A & B Path 06Enc-30/31
1325 Westhaven Circle, A & B Landscaping
1345 Westhaven Circle Grading 06Enc-37
2820 Aspen Court, A & B Landscaping
2830 Aspen Court Landscaping
2920 Manns Ranch Road Undetermined
3005 Booth Falls Road, A & B Landscaping
3025 Booth Falls Road, Unit B Undetermined
3030 Booth Creek Drive Landscaping
5 - 1 - 5\n
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes onl y. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Updated: October 6, 2009
Donovan Park /
Matterhorn
Intermountain
Chamonix /
Das Schone
Buffehr Creek
Cascade
Lions-
head
Vail
Village
Golf
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Spraddle
Creek
Booth Creek
Potato Patch
Bighorn
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PUBLIC STREAM TRACT EXTENTS ALONG
GORE CREEK AND THE PRIMARY
TRIBUTARIES IN THE TOWN OF VAIL
PUBLIC STREAM TRACT EXTENTS ALONG
GORE CREEK AND THE PRIMARY
TRIBUTARIES IN THE TOWN OF VAIL
I
010.5
Miles
Legend
Stream Tract Survey Extent
5 - 2 - 1\n
I
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. Th e Town of Vail does not warrant the accuracy of the information contained herein. (where shown, parcel line work is approximate)
Booth Creek
Westhaven
Village &
Lionshead
INDEX MAP
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Vail Village and Lionshead
181
20
292
250
380
300
825
680
63
452
44
660
123
62
193
83
232
352
303
142
625
82
413
122
265
385
302
124
228
483
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Westhaven
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PRIVATE ENCROACHMENTS INTO
PUBLIC STREAM TRACTS ALONG
GORE CREEK AND THE PRIMARY
TRIBUTARIES IN THE TOWN OF VAIL
PRIVATE ENCROACHMENTS INTO
PUBLIC STREAM TRACTS ALONG
GORE CREEK AND THE PRIMARY
TRIBUTARIES IN THE TOWN OF VAIL
Last Modified: October 6, 2009
LEGEND
Stream Tract Survey Extent
Encroachment Type
Probable
Possible
5 - 3 - 1\n
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Development Permit and Impact Fees.
PRESENTER(S): George Ruther / Tom Kassmel / Mark Miller
ACTION REQUESTED OF COUNCIL: Listen to staff presentation regarding existing
development fees and proposed impact fees. Provide feedback and direction to staff.
BACKGROUND: The Town of Vail has recently completed two nexus studies related to
Transportation and Fire infrastructure to determine the allowable impact fee that can be
attributed to future development growth within the Town. The purpose of the impact fees is to
have development growth 'pay its way' for the proportionate share of the anticipated needs for
Transportation and Fire infrastructure. Each nexus study was presented to the Council this
past July and September. In September, Council requested to see the ‘Big Picture’ with
regard to Town fees, so Council could understand what the cost of development is based on
current Town fees and what it would be with enacted impact fees. Staff has prepared a few
examples based on actual projects within the Town, summarizing all fees collected by the
Town.
STAFF RECOMMENDATION: Direct staff to move forward through the process and to draft
an ordinance for review and approval by Town Council in order to implement the impact fees.
ATTACHMENTS:
Memo
Impact Fee Comparisons
Traffic Impact Fee Comparisons
Impact Fee Article
Fee Matrix
1
MEMORANDUM
TO: Vail Town Council
FROM: Public Works Department
DATE: October 20, 2009
SUBJECT: Development Permit and Impact Fees
Applicant: Town of Vail
____________________________________________________________________________
I. DESCRIPTION OF THE REQUEST
The Town of Vail has recently completed two nexus studies related to Transportation
and Fire infrastructure to determine the allowable impact fee that can be attributed to
future development growth within the Town. The purpose of the impact fees is to have
development growth 'pay its way' for the proportionate share of the anticipated needs for
Transportation and Fire infrastructure. Each nexus study was presented to the Council
this past July and September. In September, Council requested to see the ‘Big Picture’
with regards to Town fees, so Council could understand what the cost of development is
based on current Town fees and what it would be with enacted impact fees. Staff has
prepared a few examples based on actual projects within the Town, summarizing all fees
collected by the Town.
II. ATTACHMENT
• The fee comparison for two single family residences, an addition, two duplexes, a
multifamily restoration, and two large commercial developments.
• The Impact Fee comparisons for various communities outside of Vail.
• An article entitled “Paying for Prosperity: Impact Fees and Job Growth” by the
Brookings Institute
6 - 1 - 1\n
6 - 2 - 1\n
6 - 2 - 2\n
Transportation Impact Fee Vail,Colorado
Figure 2 –Road Impact Fee Comparison
Single FamilyMultifamilyRetailOffice
National Average$3,077$2,096$5,327$3,381
Durango$2,169$1,298$3,810$2,823
Ft. Collins$2,792$1,804$8,534$3,067
Vail current*$0$2,366$10,569$9,685
Proposed in Core Area of Vail$5,890$4,038$9,420$4,200
Proposed Outside Core Area$5,890$5,048$20,360$4,200
Adams Co.$1,599$983$2,131$1,178
Eagle Co.$1,600$1,109$4,923$1,887
Jefferson Co.$2,591$2,155$5,630$3,790
Larimer Co.$2,913$2,044$5,870$2,408
Mesa Co.$1,589$1,100$2,448$1,665
Pitkin current$5,664$3,505$10,064$3,921
Pitkin proposed$6,520$4,760$10,150$3,770
Weld Co.$1,987$1,377$1,024$2,430
Incorporated Areas in Colorado
Counties in Colorado
Per Housing Unit Per 1,000 Sq Ft
Source: Data for all locations except Vail and Pitkin County from National Impact Fee
Survey by Duncan Associations (2008). Single Family assumes 2,000 square feet or
three bedrooms. Nonresidential fees per thousand square feet assume a building with
100,000 square feet of floor area.
* Current fees in Vail are based on the net increase in PM Peak Hour vehicle trip ends
generated by the entire development, with mitigation limited to certain areas and
reductions given for multi-modal travel. Town staff pr ovided the average mitigation fees
currently collected.
5
6 - 3 - 1\n
WEDNESDAY OCTOBER 14, 2009
Executive Summary
Growth costs money. And increasingly many municipalities, confronted with tax-averse electorates, have turned to
impact fees—one-time charges against new development—to pay the costs of growth. Traditionally, these costs have
been financed by property taxes. However, those revenues have proven mostly inadequate to fund the roads,water an
sewer infrastructure, and schools required by new residential and commercial development.
Impact fees, though, are not universally accepted. Conventional wisdom among some
private interests and public officials is that impact fees constrain local economic
development, serving as a de facto "tax" on capital, stifling investment, and driving job
growth to other fee-free jurisdictions. Supporters argue impact fees act as an
investment in the community, spurring economic growth through the timely provision of
new infrastructure and the expansion of buildable land. Given that impact fees often
pay for public infrastructure projects, understanding the relationship between impact
fees and local economic development, defined here as local job growth, is key.
This report addresses the controversy around impact fees by reviewing the academic
literature concerning the effect of impact fees on employment and the economy
generally. In addition, the report presents a new analysis of the relationship between
impact fees and job creation by assessing impact fee and economic data, assembled
for the period 1993 to 1999, for the 67 counties of Florida. Overall, the paper finds that:
Property tax revenues increasingly fail to cover the full costs of the
infrastructure needed to serve new development. More and more, political
resistance to property taxes compromises the conventional way to pay for
infrastructure needs brought on by new development. Consequently, new property
values would have to be very high or property tax rates raised across the board to
pay for the full array of infrastructure needs For example, one study of a rapidly
growing city in Georgia in the 1990s found that the city faced a 50 percent shortfall
in funding the new infrastructure demanded by new development and would need
to raise $90 million more than it projected in total revenues from all state and
JUNE 2003 —
RELATED CONTENT
The Shape of Metropolitan
Growth: How Policy Tools
Affect Growth Patterns in
Seattle and Orlando
Chris Williamson, The Brookings
Institution, April 01, 2006
Candidate Issue Index:
Transportation
Robert Puentes, The Brookings
Institution, August 26, 2008
The Benefits of High
Density Development
Amy Liu, Delaware Valley Smart
Growth Alliance 2nd Annual Forum,
November 17, 2005
More Related Content »
Paying for Prosperity: Impact Fees and Job Growth
Infrastructure, Cities, Sprawl
Arthur C. Nelson
Mitch Moody
The Brookings Institution
Page 1of 2Paying for Prosperity: Impact Fees and Job Growth -Brookings Institution
10/14/2009http://www.brookings.edu/reports/2003/06metropolitanpolicy_nelson.aspx?p=1
6 - 4 - 1\n
federal transfers and property taxes.
Impact fees, like user fees, offer a more efficient way to pay for infrastructure than general taxes, and
ensure benefits to those who pay them. Academic literature suggeststhat the aggregate benefits of impac
fees improve efficiency in the provision of infrastructure. While impact fees often do not reflect the full price o
infrastructure improvements, fees do make the economic linkage between those paying for and those receiving
benefits more direct, and so promote economic efficiency. The obvious direct economic benefits include the actua
infrastructure investment, such as new roads, new schools, and new water andsewer extensions. Indirect benefits
include improved predictability in the marketplace, knowing when and where infrastructure investment will occur,
and that all developers are treated equitably.
Impact fees increase the supply of buildable land. In the absence of impact fees, local governments may not
have the revenue necessary to accommodate growth.With impact fees, they gain necessary infrastructure¾ wate
sewer, drainage, and road facilities¾ to open new parcels of land development. One study also found that impact
fees may reduce uncertainty and risk for developers by giving them a reasonably predictable supply of buildable
land.
Impact fees have complex effects on housing prices. One particularly thorough study of the effect of impact
fees on housing prices found that fees reduced land prices by the amount of fees paid but also raised finished
house prices by about half again the fee amount. One interpretationis that while impact fees lower raw land prices
as predicted by conventional economic theory, the amount of the fee reflecting infrastructure value isrecovered in
the sales price. Additionally, the increment above the fee represents the value of the infrastructure as a whole
and/or the certainty perceived by the market that facilities will be provided at a desired level and quality of service
(i.e. no congestion) regardless of growth pressures.
Impact fees do not slow job growth. In this study, we find, at minimum, that impact fees are not a drag on local
economies. At most, impact fees are the grease that helps sustain job growth in the local economy.
While impact fees will continue to draw detractors, this paper shows that impact fees are a practical and valuable tool
for financing local infrastructure needs. Without them, growing communities maynot be able to sustain growth. In short
impact fees can directly fund vital infrastructure improvements, while increasing the supply of buildable land,improving
predictability in the development process, and indirectly promotinglocal employment at the same time. Faced with the
growing demand for investment and the public resistance to tax increases, localities in growing regions that institute
impact fees may become more prosperous in the long run than communities in such regions that do not have them.
Page 2of 2Paying for Prosperity: Impact Fees and Job Growth -Brookings Institution
10/14/2009http://www.brookings.edu/reports/2003/06metropolitanpolicy_nelson.aspx?p=1
6 - 4 - 2\n
ExistingProposed
Development
Name Address Building Type
Development -
Project Number
Project
Valuation
Permit Fees
Due (excluding
Use Tax)
Construction
Use Tax Paid
Recreation
Fees
Permit
Fees Paid
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values)
Existing Proposed Existing Proposed
Total Project Costs
(includes permit fees due;
existing- hsg mitigation fee,
use tax, rec fees, bonds/DIA,
Impact Fees)
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees,
bonds/DIA, Impact Fees)
% of Project
Valuation
Yarde
1895 Meadow
Ridge Rd
NSFR (new single
family)PRJ07-0597
A09-0007 2,200 315 - 315 - - - - -
B08-0202 901,687 9,256 17,834 1,093 28,183 - - 5,890 - 2,373
DRB070688 - 0- - - - - - -
DRB080036 - 650- 650 - - - - -
DRB080589 - 20- 20 - - - - -
DRB090071 - 20- 20 - - - - -
DRB090101 - 57- 57 - - - - -
DRB090127 - 20- 20 - - - - -
DRB090398 - 20- 20 - - - - -
E08-0206 1,500 56- 56 - - - - -
E09-0008 125,000 320- 320 - - - - -
M09-0028 96,000 2404- 2,404 - - - - -
M09-0033 36,000 904- 904 - - - - -
M09-0049 4,000 104- 104 - - - - -
P08-0144 68,000 1279- 1,279 - - - - -
PW08-0156 - 500- 500 - - - - -
1,234,387 15,925 17,834 1,093 34,852 2.82%- - 5,890 - 2,373 34,852 43,115 3.49%
Dyroff
1451 Buffehr
Creek Rd
NSFR (new single
family)DEV09-0006
PRJ09-0009
B09-0069 375,000 4,181 7,300 682 12,163 - - 5,890 - -
DRB090041 - 650 - - 650 - - - - -
DRB090276 - 20 - - 20 - - - - -
E09-0073 27,200 104 - - 104 - - - - -
F09-0033 9,756 991 - - 991 - - - - -
M09-0093 18,000 454 - - 454 - - - - -
M09-0171 12,000 304 - - 304 - - - - -
P09-0060 10,000 192 - - 192 - - - - -
PW09-0152 - 90 - - 90 - - - - -
451,956 6,986 7,300 682 14,968 3.31%- - 5,890 - - 14,968 20,858 4.62%
Dyroff
1451 Buffehr
Creek Rd
Addition to
existingPRJ09-0475
B09-0115 324,996 3,833 6,300 263 10,395 - - 5,890 - -
DRB090004 - - - - - - - - - -
DRB090040 - 300 - - 300 - - - - -
P09-0062 23,000 435 - - 435 - - - - -
347,996 4,568 6,300 263 11,130 3.20%- - 5,890 - - 11,130 17,020 4.89%
Lupine LLC4918 Meadow Dr
NDUP (new
duplex)PRJ08-0288
A09-0060 5,630 499 - - 499 - - - -
A09-0061 5,331 480 - - 480 - - - -
B09-0097 2,241,800 16,734 44,630 1,358 62,722 - - 13,799 - 4,746
D09-0001 6,500 234 - - 234 - - - -
DRB080264 - - - - - - - - -
DRB080575 - 650 - - 650 - - - -
E09-0045 - 54 - - 54 - - - -
E09-0060 60,000 283 - - 283 - - - -
F09-0019 15,000 988 - - 988 - - - -
F09-0020 25,000 1,413 - - 1,413 - - - -
M09-0111 95,000 2,399 - - 2,399 - - - -
P09-0068 75,000 1,410 - - 1,410 - - - -
2,529,261 25,144 44,630 1,358 71,132 2.81%- - 13,799 - 4,746 71,132 89,677 3.55%
Traffic Impact Fee Fire Impact Fee
Development Review Process Matrix
C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\development review matrix_impact fees.xls 1 of 4 10/14/2009
6 - 5 - 1\n
Development
Name Address Building Type
Development -
Project Number
Project
Valuation
Permit Fees
Due (excluding
Use Tax)
Construction
Use Tax Paid
Recreation
Fees
Permit
Fees Paid
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values)
Existing Proposed Existing Proposed
Total Project Costs
(includes permit fees due;
existing- hsg mitigation fee,
use tax, rec fees, bonds/DIA,
Impact Fees)
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees,
bonds/DIA, Impact Fees)
% of Project
Valuation
Monogram745 Forest Rd
NDUP (new
duplex)PRJ06-0536
A07-0157 1,800 300 - - 300 - - - - -
A07-0158 2,000 307 - - 307 - - - - -
B07-0107 3,000,000 21,923 - 1,554 23,477 - - 14,000 - 4,746
D07-0003 20,000 533 - - 533 - - - - -
DRB060558 - - - - - - - - - -
DRB070059 - 650 - - 650 - - - - -
DRB070289 - 20 - - 20 - - - - -
DRB070293 - - - - - - - - - -
DRB070307 - 20 - - 20 - - - - -
DRB070534 - 20 - - 20 - - - - -
DRB070564 - 20 - - 20 - - - - -
DRB070625 - 20 - - 20 - - - - -
DRB070706 - 20 - - 20 - - - - -
E07-0096 - 55 - - 55 - - - - -
E07-0217 - 477 - - 477 - - - - -
M07-0153 252,000 6,303 - - 6,303 - - - - -
M08-0012 6,725 179 - - 179 - - - - -
P07-0108 123,000 239 - - 239 - - - - -
PW08-0175 - 400 - - 400 - - - - -
3,405,525 31,486 - 1,554 33,040 0.97%- - 14,000 - 4,746 33,040 51,786 1.52%
Strata
705 West
Lionshead Cr
NCOM (new
commercial)DEV07-0003
PRJ07-0191
A08-0087 1,000 270 - - 270 - - - - -
B08-0277 90,233,000 508,018 1,804,460 310,818 176,705 - 273,000 87,345 - 135,261
DRB070204 - 650 - - 650 - - - - -
DRB080151 - 20 - - 20 - - - - -
DRB090024 - 20 - - 20 - - - - -
E08-0242 17,007 56 - - 56 - - - - -
F08-0077 2,900 473 - - 473 - - - - -
PEC070027 - 800 - - 800 - - - - -
PEC070028 - 650 - - 650 - - - - -
PEC080014 - 250 - - 250 - - - - -
PEC080027 - 650 - - 650 - - - - -
PEC080028 - 800 - - 800 - - - - -
PEC080030 - 650 - - 650 - - - - -
PRJ07-0470
A07-0137 1,500 288 - - 288 - - - - -
B07-0339 51,000 1,078 - - 1,078 - - - - -
B08-0308 171,500 5,539 - - 5,539 - - - - -
PEC070061 - 800 - - 800 - - - - -
PEC080050 - 800 - - 800 - - - - -
90,477,907 521,811 1,804,460 310,818 190,499 0.21%- 273,000 87,345 - 135,261 2,637,089 2,859,695 3.16%
Ramshorn416 Vail Valley Dr
AMF (multi family
alteration)DEV09-0004
PRJ07-0233
B09-0071 14,405,305 90,106 287,906 14,904 392,916 - 26,000 20,190 - 16,661
DRB070698 - - - - - - - - -
DRB080012 - 300 - - - - - - -
DRB090005 - - - - - - - - -
DRB090173 - 20 - - - - - - -
DRB09-0179 - - - - - - - - -
DRB090408 - 20 - - - - - - -
DRB090425 - 20 - - - - - - -
E09-0082 - 54 - - - - - - -
F09-0031 5,000 645 - - - - - - -
PEC070038 - 6,000 - - - - - - -
PEC090025 - 1,000 - - - - - - -
PEC090029 - 1,000 - - - - - - -
PW09-0122 - 2,147 - - - - - - -
PW09-0189 - 2,374 - - - - - - -
14,410,305 103,685 287,906 14,904 392,916 2.73%- 26,000 20,190 - 16,661 432,495 443,346 3.08%C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\development review matrix_impact fees.xls 2 of 4 10/14/2009
6 - 5 - 2\n
Development
Name Address Building Type
Development -
Project Number
Project
Valuation
Permit Fees
Due (excluding
Use Tax)
Construction
Use Tax Paid
Recreation
Fees
Permit
Fees Paid
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values)
Existing Proposed Existing Proposed
Total Project Costs
(includes permit fees due;
existing- hsg mitigation fee,
use tax, rec fees, bonds/DIA,
Impact Fees)
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees,
bonds/DIA, Impact Fees)
% of Project
Valuation
Solaris
143 East Meadow
Dr
NCOM (new
commercial)
DEV05-0003
(exclude PRJ04-
PRJ05-0569
A09-0026 4,200 399 - - - - - - -
A09-0034 1,764,092 66,385 - - 66,385 - - - -
A09-0057 9,900 4,001 - - 4,001 - - - -
ASB07-0002 14,500 116 - - 116 - - - -
B07-0275 92,299,893 677,711 - 181,532 863,136 7,629,918 442,000 424,990 - 237,300
D07-0001 540,000 5,652 - - 5,652 - - - -
DRB050640 - 650 - - 650 - - - -
DRB070314 - 20 - - 20 - - - -
DRB070392 - 20 - - 20 - - - -
DRB070551 - 20 - - 20 - - - -
DRB080580 - 20 - - 20 - - - -
DRB090096 - 97 - - 97 - - - -
E07-0288 85,000 1,821 - - 1,821 - - - -
E07-0366 7,200 179 - - 179 - - - -
E08-0027 6,200 1,345 - - 1,345 - - - -
E08-0102 17,866,000 349,023 - - 349,023 - - - -
F08-0063 1,798,000 76,765 - - 76,765 - - - -
F08-0881 55,000 2,688 - - 2,688 - - - -
M08-0080 10,060,090 251,529 - - 251,529 - - - -
M08-0280 22,000 1,114 - - 1,114 - - - -
M09-0031 377,901 9,454 - - 9,454 - - - -
M09-0059 96,800 2,429 - - 2,429 - - - -
M09-0155 32,294 829 - - 829 - - - -
M09-0165 478,000 11,954 - - 11,954 - - - -
P08-0027 7,222,948 135,435 - - 135,435 - - - -
PEC050093 - 6,000 - - 6,000 - - - -
PEC050094 - 650 - - 650 - - - -
PEC050095 - 1,300 - - 1,300 - - - -
PEC070004 - 1,250 - - 1,250 - - - -
PEC070005 - 650 - - 650 - - - -
PEC070035 - 1,250 - - 1,250 - - - -
PEC070082 - 1,000 - - 1,000 - - - -
PEC080068 - 1,000 - - 1,000 - - - -
PEC090003 - 1,250 - - 1,250 - - - -
PEC090026 - 1,250 - - 1,250 - - - -
PW07-0046 - - - - - - - - -
PW07-0047 - - - - - - - - -
PW07-0064 - 1,218 - - 1,218 - - - -
PW07-0065 - 218 - - 218 - - - -
PW07-0147 - 2,670 - - 2,670 - - - -
PW07-0200 - 4,730 - - 4,730 - - - -
PW07-0201 - - - - - - - - -
PW07-0245 - 220 - - 220 - - - -
PW07-0246 - 220 - - 220 - - - -
PW07-0307 - 21,482 - - 21,482 - - - -
PW08-0090 - 50 - - 50 - - - -
PW08-0091 - 13,981 - - 13,981 - - - -
PW08-0102 - 445 - - 445 - - - -
PW08-0109 - - - - - - - - -
PW08-0124 - 150 - - 150 - - - -
PW08-0130 - 500 - - 500 - - - -
PW08-0202 - 700 - - 700 - - - -
PW08-0206 - 150 - - 150 - - - -
PW08-0242 - 150 - - 150 - - - -
PW08-0243 - 784 - - 784 - - - -
PW08-0275 - 250 - - 250 - - - -
PW08-0324 - 250 - - 250 - - - -
PW08-0325 - 150 - - 150 - - - -
PW08-0345 - 21,532 - - 21,532 - - - -
PW09-0010 - 2,170 - - 2,170 - - - -
PW09-0026 - 213 - - 213 - - - -
PW09-0041 - - - - - - - - -
PW09-0045 - 150 - - 150 - - - -
C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\development review matrix_impact fees.xls 3 of 4 10/14/2009
6 - 5 - 3\n
Development
Name Address Building Type
Development -
Project Number
Project
Valuation
Permit Fees
Due (excluding
Use Tax)
Construction
Use Tax Paid
Recreation
Fees
Permit
Fees Paid
% of
Project
Valuation
Housing Fee In
Lieu
Payment(2009
values)
Existing Proposed Existing Proposed
Total Project Costs
(includes permit fees due;
existing- hsg mitigation fee,
use tax, rec fees, bonds/DIA,
Impact Fees)
Total Project Costs
(includes permit fees due;
proposed - hsg mitigation
fee, use tax, rec fees,
bonds/DIA, Impact Fees)
% of Project
Valuation
Solaris
143 East Meadow
Dr
NCOM (new
commercial)
DEV05-0003
(exclude PRJ04-
PW09-0048 - 888 - - 888 - - - -
PW09-0049 - - - - - - - - -
PW09-0051 - - - - - - - - -
PW09-0054 - 150 - - 150 - - - -
PW09-0077 - 1,540 - - 1,540 - - - -
PW09-0079 - 12,959 - - 12,959 - - - -
PW09-0080 - 505 - - 505 - - - -
PW09-0089 - 150 - - 150 - - - -
PW09-0090 - 150 - - 150 - - - -
PW09-0102 - 250 - - 250 - - - -
PW09-0126 - 100 - - 100 - - - -
PW09-0140 - - - - - - - - -
PW09-0169 - 100 - - 100 - - - -
PW09-0190 - - - - - - - - -
PW09-0191 - 150 - - 150 - - - -
PRJ06-0492 - - -
DRB060504 - 56 - - 56 - - - -
PRJ06-0530 - - - -
B06-0348 500 65 - - 65 - - - -
PRJ07-0163 - - -
DRB070172 - 110 - - 110 - - - -
PRJ08-0247 - - -
PEC080034 - 1,250 - - 1,250 - - - -
PEC080075 - 500 - - 500 - - - -
PRJ08-0417 - - -
B08-0287 1,675,000 13,399 - - 13,399 - - - -
E09-0131 257,238 15,417 - - 15,417 - - - -
M09-0105 190,000 4,754 - - 4,754 - - - -
P09-0062 110,000 2,067 - - 2,067 - - - -
PRJ09-0023 - - -
B09-0010 167,875 5,430 - - - - - - -
E09-0024 6,471 157 - - - - - - -
PRJ09-0024 - - -
B09-0011 53,920 1,991 - - - - - - -
E09-0025 6,471 157 - - - - - - -
PRJ09-0034 - - -
B09-0016 1,576,500 12,952 - - 12,952 - - - -
E09-0130 795,336 16,158 - - 16,158 - - - -
M09-0104 256,000 6,404 - - 6,404 - - - -
P09-0061 155,000 2,910 - - 2,910 - - - -
PRJ09-0040 - - -
B09-0021 983,125 9,349 - - 9,349 - - - -
PRJ09-0305 - - -
B09-0170 249,500 7,820 - - 7,820 - - - -
139,222,954 1,805,527 - 181,532 1,982,818 1.42%7,629,918 442,000 424,990 - 237,300 2,429,058 10,279,266 7.38%
C:\DOCUME~1\ADMINI~1\LOCALS~1\Temp\XPgrpwise\development review matrix_impact fees.xls 4 of 4 10/14/2009
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: A work session to present the findings of fee waiver programs for other
communities and to determine if the Town Council wishes to proceed with this type of
economic incentive program.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Does the Vail Town Council wish to instruct the Town
staff to return to a future Town Council evening meeting with a proposal to waive the fees for
certain development and building permit applications?
BACKGROUND: The number of development applications and the amount building permit
activity has slowed significantly with the recent downturn in the economy. Research indicates
that the local economy is significantly influenced by real estate development and construction
activity. In an effort to stimulate and influence the local economies, several other communities
in the region and across the State have temporarily waived the fees for certain development
and building permit applications.
STAFF RECOMMENDATION: As this is a worksession, staff is not making a
recommendation at this time. Staff will make a formal recommendation should the Town
Council decide to proceed forward with an amending ordinance.
ATTACHMENTS:
Town Council Memorandum
Town of Avon, Colorado - Resolution No. 09-25
1
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: October 20, 2009
SUBJECT: Fee Waiver for Certain Development and Building Permit Applications
I. PURPOSE
The purpose of this memorandum is to share the information gathered regarding
fee waivers for certain development and building permit applications and to get
additional policy direction from the Town Council.
II. BACKGROUND
On October 6, 2009, the Vail Town Council instructed the Community
Development Department to explore the idea of granting fee waivers for certain
development and building permit applications as a means of stimulating
development activity within the community.
Over the past 12 months, several neighboring communities within the region
have granted “fee holidays” for certain types of development and building permit
applications. For example, Eagle County, Summit County, and the Town of
Avon, have recently passed legislation which temporarily reduces or waives
certain development fees. Pursuant to the adopted language of the respective
legislation, the intent of these programs is to stimulate development activity
within the respective jurisdictions. In preparing this memorandum for the Town
Council’s consideration, the Town staff spoke with representatives from each of
the jurisdictions
By way of example, the Town of Avon passed Resolution No.09-25, Series of
2009, a resolution adopting a temporary fee reduction and waiver program for
zoning, design review and building permit applications collected by the Town of
Avon ( see attachment A). According to Resolution No. 09-25, in part,
“the Avon Town Councilfinds that the temporary waiver of zoning and
design review fees and certain building permit fees shall encourage
development and building activities and will thereby promote the
economic recovery and health of the Avon community.”
Pursuant to Resolution No. 09-25,
“100% of all zoning fees and all design review fees and all building permit
fees for interior remodels, replacement of exterior stucco and/or siding
and roof covering repair and replacement AND 10% for all other building
permit fees are waived until February 12, 2010.”
7 - 1 - 1\n
2
In discussing the impacts of the policy change with representatives from each of
the jurisdictions, none believed that the policy objective of stimulating the
economy or contributing to an economic recovery was achieved by the
legislation. In fact, all felt that critical revenues otherwise needed to operate the
functions and services of their agencies were lost. For example, Eagle County
waived approximately $15,000 in building permit fees during the 30 day period
the fee waivers were in affect. By contrast, to date, the Town of Avon has
waived more than $21,000 for 48 development applications alone. To that end,
each of the agencies contacted track development and building permit
application data on a quarterly and annual basis. Looking back, none of the
representatives I spoke with noticed any changes in historical trends or actual
submittals. Each continued to show a downward decline in applications
received. All agreed, however, that the move on the part of the decision-makers
demonstrated a gesture of good faith and gained them positive comments in the
media.
III. POTENTIAL IMPACTS ON THE TOWN OF VAIL
Year-to-date (YTD) the Community Development Department has issued 815
building permits with a total valuation of approximately $51,000,000 and collected
approximately $1,400,000 in building permit and plan review fees. The Town of
Vail budgeted $858,000 in building permit fees for 2009 and is projecting
approximately $425,000 in building permit fees in 2010.
Additionally, the Department has received a total of 501 development
applications (484 DRB/27 PEC) and collected approximately $48,000 in
development application fees (YTD). These figures are down dramatically over
previous years figures.
Lastly, by comparison, development application fees charged by the Town of Vail
are significantly lower than those charged in other resort communities.
Development application fees have not been increased in the Town of Vail since
2000. The majority of the development applications received by the Department
are for minor changes or additions to existing structures and sites. In most
instances, the fees charged for these types of applications and projects are less
than $50.
Had the Town of Vail adopted legislation similar to that adopted by the Town of
Avon, since August 1, 2009, the total amount of financial incentive returned to the
development community would have been approximately $7,083 on a total of 281
applications and the associated building permit fees.
IV. STAFF RECOMMENDATION
In determining the potential success of a waiver of fees program it is important to
clearly understand and articulate the goal that the Town is intending to achieve.
Based upon the data collected from other communities and discussions with their
respective representatives, if the goal is to incentivize development activity within
the community, waiving certain development applications and building permit
fees is not likely to achieve the desired results. It is clear a much greater
7 - 1 - 2\n
3
incentive will be required (ie, waive employee housing fees, traffic impact fees,
construction and materials use tax, etc.) For instance, the Town may want to
implement a larger and more financially significant “Dollars for Demo’s” economic
stimulus program.
However, if the goal is to demonstrate the Town’s support for the development
community during these tough economic times, waiving certain fees would be a
gesture of goodwill and a way to gain local media coverage on the issues.
Does the Vail Town Council wish to instruct the Tow n staff to return to a
future Town Council evening meeting with a proposal to waive the fees for
certain development and building permit applications? If so, what is the
Town Council’s policy intent of the fee waiver program?
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4
7 - 1 - 4\n
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7 - 2 - 2\n
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Discussion of the 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.
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 Commission recommends
that the Vail Town Council approves, with modifications, Ordinance No. 22, Series of 2009,
upon first reading.
ATTACHMENTS:
Ord 22, Series 2009 Memo with Attachments A, B, C
Ord 22, Series 2009 Attahcment D
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
8 - 1 - 1\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
8 - 1 - 2\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
8 - 1 - 3\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.
8 - 1 - 4\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.
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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.
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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
8 - 1 - 7\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
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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
8 - 1 - 9\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.
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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
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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
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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.
8 - 1 - 22\n
ATTACHMENT C OMITTED FOR TOWN COUNCIL MEMO ATTACHMENT
UPDATED MAPS INCLUDED IN ATTACHMENT D OF TOWN COUNCIL MEMO.
8 - 1 - 23\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
8 - 1 - 24\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.
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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
8 - 1 - 26\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.
8 - 1 - 27\n
ATTACHMENT D: Maps of Districts in Consideration in Relation to
Schools
8 - 1 - 28\n
8 - 2 - 1\n
8 - 2 - 2\n
8 - 2 - 3\n
8 - 2 - 4\n
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Eagle County School District Update RE50J.
PRESENTER(S): Sandra Smyser, RE50J Superintendent
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Discuss the second reading of the 2010 Budget Ordinance No. 19, Series
2009, in preparation for approval during the evening session.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Discuss the capital items identified by Council during
the October 6th meeting.
BACKGROUND: Council asked to have further discussion of capital items within the 2010
proposed budget. The 2010 budget ordinance may be amended to include any changes
based on these discussions.
STAFF RECOMMENDATION: Staff recommends that the Town Council approves, or
approves with amendments, Ordinance No. 19, Series 2009, upon second reading this
evening.
ATTACHMENTS:
2010 Budget
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
10 - 1 - 1\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.
10 - 1 - 2\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
10 - 1 - 3\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.
10 - 1 - 4\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
10 - 1 - 5\n
Above: Similar decline along another portion of the wall.
Below: Note stress fractures beginning to appear.
E
10 - 1 - 6\n
PROPOSED 2010 BUDGET
October 20, 2009
Second Reading
10 - 1 - 7\n
Town of Vail
Proposed 2010 Budget
Table of Contents
2010 Budget Highlights 1
This is a verbal summary of the key assumptions, changes, and results
of the 2010 proposed Budget.
Major Revenue Analysis 9
Summary of Changes in Personnel 10
Ten-Year Summary of Budgeted Positions by Department 11
Employee Benefits Summary 13
This report shows the list of employee benefits by percentage and costs.
General Fund Revenue and Expenditures 15
This schedule shows the major revenue and expenditures by category
In the General Fund
Contributions and Special Events 17
Proposed expenditures for the 2010 budget.
Capital Plan Summary 26
This summary provides project costs grouped by type of capital project (i.e. “Roads”)
Real Estate Transfer Tax Fund Revenue and Expenditures 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
10 - 1 - 8\n
TOWN OF VAIL
2010 BUDGET PROPOSAL
GENERAL AND RELATED FUNDS
The Town of Vail 2010 budget proposal presented in this document reflects the town’s
vision to be the premier mountain resort community in a fiscally responsible manner.
During 2009, the budget was adjusted for reduced revenue projections as well as
significant reductions in expenditures. Specifically, the revenue budget has been
reduced by $3.0 million, and operating expenditures have been cut by $2.9 million.
Capital projects in both the Capital and RETT funds have been deferred to later years, or
in some cases will be completed early due to cost savings. In June, Council agreed to
use the $3.2 million of surplus from 2008 to support ongoing operations in 2009 and
2010. 2010 no longer requires the use of surplus, as indicated in this 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
10 - 1 - 9\n
Sales Tax will produce approximately 35% of annual revenue for 2010. The $16.6
million of sales tax projected is flat with the 2009 budget, and a 15% decrease from 2008
collections.
Real Estate Transfer Tax collections of $4.3 million represent 9% of total annual
revenues. Since 2004, we have separated RETT revenue into two categories:
collections from major redevelopment projects (such as Arrabelle, Four Seasons, Ritz
Carlton Residences, etc.) and “base” collections, which represent all other real estate
transactions. This separation allows for more accurate trending. “Base” collections are
projected flat for 2010, and collections from major redevelopment are budgeted at an
increase with the assumption that the Four Seasons, Ritz Carlton Residences and
Solaris will begin sales during 2010.
Property and Ownership Tax of $5.0 million will generate 11% of total revenues for 2010.
The current base mil levy is 4.69 and constitutes 10% of the average taxpayer’s property
tax bill. The property tax projection was increased by $200,000 based on the August ’09
report received from the County assessor. Ownership tax was budgeted flat with 2009.
Parking revenue from the transportation centers is projected at $5.4 million for 2010, or
12% of total revenues. This projection is flat with the 2009 budget.
Intergovernmental revenue includes federal and state grants, county sales tax, county
road and bridge tax, highway users’ tax, cigarette tax and E911 Authority Board. For
2010, this revenue source represents $4.8 million, or 10% of total revenues for the town.
A majority of this revenue stems from the federal transit center grant ($2.5 million
expected in 2010), $117,000 for fire fighters from the SAFER grant, and $82,000 for a
police officer from the COPS grant.
Ski Lift Tax and Franchise Fees total $3.1 million and $1.1 million, respectively for 2010,
virtually flat with the 2009 budget. These revenues represent 9% of the total annual
revenue.
2
10 - 1 - 10\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
10 - 1 - 11\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
10 - 1 - 12\n
is the same percentage approved in the 2009 original budget. However, by Charter,
approval of this budget will require an affirmative vote by five out of seven Council
members (a super majority) because less than 50% of the sales tax revenue will be
dedicated to capital acquisition and improvements. 2010 sales tax revenue is
projected to be flat with the 2009 budget. 2009 is currently budgeted at a 15%
decrease from 2008.
Property Tax, Parking Revenue, Ski Lift Tax and Franchise Fees budgetary
assumptions were discussed above, in the Revenue section.
Licenses and Permit Fees - $732,200
The largest component of licenses and permits is construction permit fees, which
includes building, mechanical, plumbing, and electrical permits. The 2010 budget for
construction permits is projected at a 45% decrease from 2009 due to limited
construction activity.
EXPENDITURES - $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
10 - 1 - 13\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
10 - 1 - 14\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
10 - 1 - 15\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.
10 - 1 - 16\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 10 - 1 - 17\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
10 - 1 - 18\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
10 - 1 - 19\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
10 - 1 - 20\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
10 - 1 - 21\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
10 - 1 - 22\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 10 - 1 - 23\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 10 - 1 - 24\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 10 - 1 - 25\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 10 - 1 - 26\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).
10 - 1 - 27\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.
10 - 1 - 28\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
10 - 1 - 29\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.
10 - 1 - 30\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.
10 - 1 - 31\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.
10 - 1 - 32\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.
10 - 1 - 33\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 10 - 1 - 34\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 10 - 1 - 35\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 10 - 1 - 36\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 10 - 1 - 37\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 10 - 1 - 38\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 10 - 1 - 39\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
10 - 1 - 40\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
10 - 1 - 41\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
10 - 1 - 42\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 10 - 1 - 43\n
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Information Update.
a. Vail Nature Center Greenhouse Update.
PRESENTER(S): Pam Brandmeyer
ATTACHMENTS:
Greenhouse Attachment
MEMORANDUM
TO : Vail Town Council
FROM: Community Development Department
DATE: October 20, 2009
SUBJECT: INFORMATION UPDATE: Vail Nature Center Greenhouse
This is an information update only, and is not a Town Council agenda item.
The Vail Recreation District is proposing to construct a 176 sq . ft . solar powered geodesic dome
greenhouse at the Vail Nature Center located at 841 Vail Valley Drive . The proposed
greenhouse has a 15 foot diameter and will be approximately 9 feet in height. The proposed
greenhouse will be used for gardening exhibits and numerous educational programs by the Vail
Nature Center. A vicinity map (Attachment A) and the Vail Recreation Districts description of
the project (Attachment B) have been attached for reference .
The proposed greenhouse was reviewed and approved through the Vail Recreation District's
public review process .
In accordance with Title 12, Zoning Regulations, Vail Town Code, the Planning and
Environmental Commission reviewed and approved a conditional use permit for the proposed
greenhouse at its June 22, 2009 public hearing. This action was reported to the Vail Town
Council at its July 7,2009, public hearing.
In accordance with Title 12, Zoning Regulations, Vail Town Code, the Design Review Board
reviewed and approved the New Construction Design Review Application for the proposed
greenhouse at its July 1, 2009 public hearing. This action was reported to the Vail Town
Council at its July 21, 2009 public hearing .
The Vail Town Code does not require the Vail Town Council 's review of the Vail Recreation
District's proposed greenhouse at the Vail Nature Center . However, a resolution from 1987
titled "A Resolution for the Preservation and Maintenance of the Vail Nature Center" sets forth a
policy that "Substantial changes to the building and grounds must be reviewed by the Town
Council and other applicable Town review agencies". Resolution No. 27, Series of 1987, has
been attached for reference (Attachment C).
Staff has determined that the new greenhouse is not a "substantial" change to the buildings and
grounds of the Vail Nature Center and does require separate Town Council review . Staff made
this determination based upon the following factors:
• The proposed greenhouse is located within the Vail Recreation District's lease area of
the Vail Nature Center.
• The proposed greenhouse replaces an existing greenhouse at the Vail Nature Center.
• The proposed greenhouse was reviewed and approved by the Vail Recreation District
through its public review process.
• The proposed greenhouse was reviewed and approved by both the Planning and
Environmental Commission and the Design Review Board at their respective public
hearings in accordance with Title 12, Zoning Regulations, Vail Town Code.
• The actions of both the Planning and Environmental Commission and the Design
Review Board were reported to the Town Council at its public hearings .
• Staff believes the proposed greenhouse is consistent with the purposes and policies
outlined in Resolution No. 27, Series of 1987, as follows :
RESOLUTION 27, SERIES OF 1987, PURPOSE
Whereas; the Vail Nature Center is located on seven (7) acres of ground along the
south bank of the Gore Creek, in the south section of Ford Park, and
Staff Response: The Vail Recreation District's proposed greenhouse will have no effect
on the size or location of the Vail Nature Center.
Whereas; the Vail Nature Center is a valuable resource to the Town of Vail in that
it provides the Town with a natural preserve, an interpretive center, self-guided
trails and environmental and educational programs, and
Staff Response : The Vail Recreation District's proposed greenhouse is intended to
increase the Vail Nature Center's value to the Town of Vail. The proposed greenhouse
will be located in close proximity to the west of the existing interpretive center for
improved solar access and for minimal impacts to the existing nature preserve . The
proposed greenhouse is intended to replace the existing greenhouse attached to the
east side of the interpretive center that is in a state of disrepair. The proposed
greenhouse will not affect any self-guided trails. The proposed greenhouse is intended
to expand and enhance the environmental and education programs offered at the Vail
Nature Center.
Whereas; the Vail Nature Center serves as an educational tool and example to
demonstrate preservation and conservation of the natural environment, and
Staff Response: The Vail Recreation District's proposed greenhouse as an educational
tool and a demonstration of high altitude gardening, energy efficiency, solar power,
green construction and other opportunities for the preservation and conservation of the
natural environment.
Whereas; the Town Council of the Town of Vail is desirous of establishing general
policies to maintain, preserve and enhance the appeal of the Vail Nature Center.
Staff Response : The Vail Recreation District's proposed greenhouse is intended to
maintain, preserve, and enhance the appeal of the Vail Nature Center by replacing an
existing structure that is in a state of disrepair with a new structure that creates the
potential for a wider variety of educational programming and increased visits.
RESOLUTION 27, SERIES OF 1987, POLICY GUIDELINES
1. The seven (7) acres designated as the Vail Nature Center will be preserved in
their natural state as an example of the Gore Valley's natural history.
Staff Response: The Vail Recreation District's proposed greenhouse will be located in
close proximity to the west of the existing interpretive center for improved solar access
and for minimal impacts to the existing nature preserve .
2
2. The Center will remain accessible only via the foot paths (4 self guided trails).
Vehicle access will be prohibited with the exception of delivery of items too
cumbersome or heavy to be manually delivered to the Center.
Staff Response: The Vail Recreation District's proposed greenhouse will not alter access
to the Vail Nature Center.
3. The Policies and Procedures manual of the Vail Nature Center addresses in
detail the goals and objectives of the Vail Valley Nature Center and the
maintenance record for the grounds and facility. Staff procedures for appropriate
care, preservation and maintenance of the Center's building and grounds are
listed in detail in this manual.
Staff Response: The Policies and Procedures Manual of the Vail Nature Center is a Vail
Recreation District organization document identifying staff procedures for the Vail Nature
Center facility. The Vail Recreation District ensures compliance with the policies and
procedures of the Vail Nature Center.
4. Substantial changes to the building and grounds must be reviewed by the Town
Council and other applicable Town review agencies.
Staff Response: In accordance with Title 12, Zoning Regulations, Vail Town Code, and
the policies outlined in Resolution No. 27, Series of 1987, the Planning and
Environmental Commission reviewed and approved a conditional use permit for the
proposed greenhouse at its June 22,2009, public hearing.
The Planning and Environmental Commission's action was reported to the Vail Town
Council at its July 7,2009, public hearing.
In accordance with Title 12, Zoning Regulations, Vail Town Code, and the policies
outlined in Resolution No. 27, Series of 1987, the Design Review Board reviewed and
approved the New Construction Design Review Application for the proposed greenhouse
at its July 1, 2009 public hearing.
The Design Review Board's action was reported to the Vail Town Council at its July 21,
2009, public hearing.
3
Attachment A
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, Attachment B
Vail Nature Center
841 Vail Valley Drive
Vail, CO 81657
June 9, 2009
TO: Design Review Board
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Growing Dome Geodesic Greenhouse
I. Introduction
Thisyear, the Vail Nature Center celebrates its 35th year of operation. We wish to mark this historic season with
a project that conveys the Vall Nature Center's continued relevance to environmental education and outdoor
recreation while creating the potential for a wider variety of programming and increased visits.
II. Objective
To install a Growing Dome Greenhouse at the Vail Nature Center. A Growing Dome is a geodesic dome
greenhouse which enables year-round high-altitude gardening without (or with minimal) consumption of fossil
fuels. This greenhouse space would serve as an innovative, hands-on educational space with an interesting
"Iook" to attract visitors to the Vail Nature Center.
III. How this project meets VNCgoals and mission
• The current greenhouseis not largeenoughtouseasan exhibit or educational space;a Growing Dome
is large enough for approximately 12 people to walk through with wall and floor space for displays and
posters (in addition to garden space).
• The greenhouse can be used to educate on a large variety of topics including high-altitude gardening,
organic gardening, local food, hydroponics, what plants need, and solar energy. It can be used as a
vehicle to teach about global issues such as carbon footprints, water shortages, and food production.
,
• The VNCalready has an excellent hydroponics unit that needs to be displayed I
• The innovative design of the greenhouse itself serves an educational purpose; people can learn about
energy efficiency, solar power, and green construction by learning how the Growing Dome functions.
• The Growing Dome would be an interactive and hands-on exhibit; something the Vail Nature Center
prides itself in and visitors love. Gardening creates possibilities for children's activities (Camp Eco Fun
especially) and volunteerism.
• The Growing Dome is unique and interesting-looking, which may make the Vail Nature Center more
appealing from a marketing perspective and attract more visitors who see it from afar. A greenhouse
also offers the appeal of growing gardens that change on a daily and annual basis. It would invite
questions, which would engage visitors more closely with staff who could In turn communicate about
other VNCprograms.
• The current greenhouse is in disrepair and is in a bad location for growing. We would like to fix-up the
existing greenhouse and use it for the less "attractive" gardening stages, l.e. starting seedlings and
mixing fertilizer/compost.
IV. Specifications (size, location, etc)
Growing Domes come in many sizes; we feel we only need one large enough to serve as an exhibit space. The
desired Growing Dome specifications are:
!J.~• yn. diameter
17~ . 9'
• ~are feet of floor space an~1
• Location: south side of existing outdoor garden beds in open field. No tree or shrub removal required.
Should not change character of area or diminish any vistas.
• Built to withstand harsh, high-altitude winters, including wind, hail, and snow
• Photovoltaic (solar) panel which automatically opens window vents at preset temperatures and can be
used to run water pumps for a hydroponics system or cooling fans.
• Will not require external power source or emit light or create emissions.
• Does not require a concrete foundation andisdesigned to beeasily disassembled. Sitsonagravelbase.
• Can be installed by 2 people, but is a good "volunteer day" project.
• No effect on vehicular traffic, utilities, or other public facilities.
A lIttique combination of se~n features moke the Growing Domer>'
the II10St energy-efficient greenhouse on the mar-leet today!
Tem!"'rarure activated vents
Insulated Door
(nor Shown)
More information available at http://www.geodesic-greenhouse-kits.com/.
V. Planof action/Upkeep
• The Vail Nature Center has staff and volunteers who are Willing and able to install the Growing Dome,
and we may be able to arrange for a Growing Spaces staff member to help supervise and help for free.
• Current VNC staff and volunteers are already maintaining a regular garden and hydroponics garden; they
would continue to maintain the Growing Dome through the fall with the possibility of winter gardening.
• The Growing Dome is built to handle large loads of snow and therefore would require only minimal
winter maintenance.
Growing Spaces, LLC. "Greenhouse Kits of the Future. H 2009. Growing Spaces, LLC. 25 May 2009 http://www.growingspaces.com.
\
Vail Nature Center Greenhouse Proposal
Aerial view of proposed greenhouse location
Yellow st ake will be the center
-
Attachment C
RESOII11'IOO 00. 27
series of 1987
. " ~ ' ~ ..,.,.....-.. .
WHERE'AS; the Vall Nature center is located on seven (7) acres of grcurx:l
alorg the ~._~ of the Gore creek, in the south section of Ford Park, am
WHERFAS; the Vail Nature center is a valuable resan:oe to the town of vau
in that it provides the Town with a natural preserve, an :interpretive center,
self~ded trails am enviromnental am educatialal p:t'OgIall1S, arxl
WHEREAS; the Vail Nature center serves as an educational tool am exanple to
derronstrate preservatioo am conservation of the natural environment, arxl
WHEREAS; the Town cnmcll of the Tawn of Vail is desirous of establi.shirg
general policies to maintain, preserve am enhance the aweal of the Vail Nature
center.
tKM, 'llIEREFORE, be it resolved by the Town o:uncll of the TcMn of vail,
that:
'!he followi.n:J policies shall establish general guidelines for the
maintenance, enha.noement am i'uture develcpnent of the Vail Nature center:
1. '!he seven (7) acres designated as the Vall Nature center will be
preserved in their natural state as an exanple of the Gore Valley's
natural history.
2. '!he center will remain accessible only via the foot paths (4 self
guided trails). Vehicle access will be prohibited with the exception
of delivery of items too a.nnbersome or heavy to be manually delivered
to the center.
3. '!he R:>licies and Procedures manual of the vail Nature center addresses
in detail the goals am objectives of the Vail Natu.re center am the
maintenance record for the 9roorrls am facility. staff procedures for
awrepriate care, preservat.Ion and ma:intenanoe of the center's l::W.lcli.n]
am 9roorrls are listed in detail in this manual.
4. SUbstantial changes to the b.rlldirq am 9roorrls nust be reviewed by the
TcMn co.mcil and other awlicable TcMn review agencies.
!NrnOI:lJCEI), READ,
~A.~Ul.J
Town Clerk
\
APf'R)VEI) AND AOOPl'ED, this,~f'(j .'---ck, ;x:. ~H--
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: October 20, 2009
ITEM/TOPIC: Matters from Mayor & Council.
PRESENTER(S): Town Council