HomeMy WebLinkAbout2010-02-02 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA 0i.
TOM
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., FEBRUARY 2, 2010
NOTE: Times of items are approximate, subject to change, and cannot
be relied upon to determine at what time Council will consider
an item.
1. ITEM /TOPIC: Citizen Participation. (15 min.)
PRESENTER(S): Public
2. ITEM /TOPIC: Review and approve the recommendations for minor
modifications from the Parking Task Force for the remainder of the 2009-
2010 season. (10 min)
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Review the recommendations of the
parking Task Force and approve /disapprove or modify the changes to the
parking program for the remainder of the 2009 - 20010.
BACKGROUND: The Vail Town Council established the parking task force
to provide direction to the council regarding parking operation policies for
each year. The task force meets annually after the Martin Luther King
Holiday to evaluate the results of the operational changes implemented,
review trends and see if any changes need to be addressed and
recommends possible changes to the operating policies if needed. The two
areas focused on were the value pass lot and trailhead and park parking.
STAFF RECOMMENDATION: The parking task force recommends the
following changes to the parking policies for the remainder of the 2009 -2010
season. Open the value pass qualification to Eagle County Residents,
employees or property owners on an experimental basis for the remainder of
this season. The value(discount) would only apply Monday - Thursday. The
discount allows access at a rate of $15 for a full day of parking. Trailhead
and Park Parking; Sign a portion of each trailhead and Stephens Park
parking spaces with s 3 hour limit only restriction. Approve the
recommendations.
3. ITEM /TOPIC: Town Manager's Report.
a. Revenue Update
c. Rocky Mountain Rail Feasibility Update (30 min.)
PRESENTER(S): Stan Zemler
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4. ITEM /TOPIC:
Consent Agenda.
a. Approval of the 01.05.10 & 01.19.10 Vail Town Council Minutes.
(5 min.)
5. ITEM /TOPIC: Resolution No. 4, Series of 2010, a resolution authorizing the
Town of Vail to apply for a Local Parks and Outdoor Recreation grant from
the State Board of the Great Outdoors Colorado Trust Fund for the Red
Sandstone Elementary School playground renovation; and setting forth
details in regard thereto. (10 min.)
PRESENTER(S): Gregg Barrie and Eagle County School District
Representative
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 4, Series of 2010.
BACKGROUND: The State Board of the Great Outdoors Colorado Trust
Fund ( "GOCO ") assists local governments in acquiring, expanding,
enhancing and improving parks, outdoor recreation and environmental
education facilities. The Town of Vail (the "Town ") has a 30 year lease with
Eagle County School District (the "District ") for the elementary school known
as Red Sandstone Elementary School ( "RSES "). The Town has requested
$200,000.00 from GOCO to sponsor the relocation and renovation of the
RSES playground on behalf of the District.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 4,
Series of 2010.
6. ITEM /TOPIC: A presentation of three alternatives for considering a request
toextend the approval periods for four existing development review
application approvals which are presently set to expire. (30 min.)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Inform staff whether the Vail Town
Council wishes to pursue any of the three alternatives outlined in the staff
memorandum. If the Vail Town Council wishes to pursue either Alternative
#1 or #2, then instruct staff to grant administrative extensions for four the
development review applications approvals pursuant to the terms outlined in
the staff memorandum..
BACKGROUND: On December 1, 2009, the Vail Town Council held a work
session to review the existing regulations pertaining to the lapse of
development review application approvals and to discuss whether to grant
extensions to four existing development review application approvals.
Following discussion on the topic, the Vail Town Council asked the staff to
return with alternatives for the Council to consider and an analysis of the
impacts granting an extension may have on the ability to collect the building
materials and construction use tax, sales tax and the employee housing
mitigation requirements.
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STAFF RECOMMENDATION: The Community Development Department
recommends the Vail Town Council instructs staff to pursue Alternative #1,
as outlined in the staff memorandum.
7. ITEM /TOPIC: Adjournment. (7:40 p.m.)
NOTE UPCOMING MEETING START TIMES BELOW:
(ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE)
THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL
BEGIN AT TBD, TUESDAY, FEBRUARY 16, IN THE VAIL TOWN COUNCIL
CHAMBERS.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 2, 2010
ITEM /TOPIC: Review and approve the recommendations for minor modifications from the
Parking Task Force for the remainder of the 2009 -2010 season.
PRESENTER(S): Greg Hall
ACTION REQUESTED OF COUNCIL: Review the recommendations of the parking Task
Force and approve /disapprove or modify the changes to the parking program for the
remainder of the 2009 - 20010.
BACKGROUND: The Vail Town Council established the parking task force to provide
direction to the council regarding parking operation policies for each year. The task force
meets annually after the Martin Luther King Holiday to evaluate the results of the operational
changes implemented, review trends and see if any changes need to be addressed and
recommends possible changes to the operating policies if needed. The two areas focused on
were the value pass lot and trailhead and park parking.
STAFF RECOMMENDATION: The parking task force recommends the following changes to
the parking policies for the remainder of the 2009 -2010 season. Open the value pass
qualification to Eagle County Residents, employees or property owners on an experimental
basis for the remainder of this season. The value(discount) would only apply Monday -
Thursday. The discount allows access at a rate of $15 for a full day of parking. Trailhead and
Park Parking; Sign a portion of each trailhead and Stephens Park parking spaces with s 3 hour
limit only restriction. Approve the recommendations.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 2, 2010
ITEM /TOPIC: Town Manager's Report.
a. Revenue Update
c. Rocky Mountain Rail Feasibility Update
PRESENTER(S): Stan Zemler
ATTACHMENTS:
Revenue Highlights
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TOWN OF VAIL
REVENUE HIGHLIGHTS
January 26, 2010
Sales Tax
When all sales tax returns are received for the month of December, collections
for the month are expected to be $2,542,446 up 12.8% from budget (down 4.2%
from December, 2008). Year -to -date total sales tax collections of $16.9 million
exceeded the annual budget by 1.8% (down 13.9% from 2008). Inflation as
measured by the consumer price index was up 2.7% for the month of December,
and down 0.4% for all of 2009 compared to 2008.
Use Tax
Use tax collections as of January 26, 2010 total $13,353, a 44% increase from
last January. Collections for 2009 totaled $714,784, exceeding the $700,000
budget. The budget for 2010 is $500,000.
Lift Tax
2009 lift tax collections total $3,048,011, down 2.2% from the annual budget of
$3,115,000 (down 7.0% from 2008).
Construction Permit Fee Revenue
2009 construction permit revenue totals $794,181, down 7.4% from a budget of
$858,000 and down 68% from full year 2008. The decrease in activity from the
prior year is due to both major and non -major redevelopment projects. Major
redevelopment projects make up 48% of the total, and construction permit fee
revenue from those projects is down by 81 % from prior year. Revenue from non -
major projects is down 23% from 2008.
January 2010 construction permit revenue totals $8,018, down 50% from
January, 2009.
Real Estate Transfer Tax (RETT)
With a majority of 2009 transactions recorded, year -to -date RETT collections
through December 31, 2009, total $2,508,099, an increase of 3.6% over the
annual budget of $2,420,000. This amount is a 72% decrease from 2008, a
record year, due to both major and non -major redevelopment projects. Eagle
County as of November, 2009 was down 60% in sales dollars and down 45% in
the number of sales transactions. 2009 collections not related to major projects
year -to -date are 39% down from this time last year.
January 2010 RETT collections total approximately $205,463. This is 14% less
than collections in January of 2009.
Finance /Budget/Budgetl0 /Town Council Memos /100202 Revenue Highlights
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Parking Revenue
2009
Total parking revenue of $4,975,795 exceeded 2008 by 5.7 %, but was down
8.4% from 2009 budget. This revenue consists of both revenue from pass sales
and daily sales from the parking structures:
Pass sales for 2009 total $701,813, a 12.4% decrease from full year 2008, and a
21.7% decrease (or $195,000) from the 2009 budget.
Daily sales from the parking structures total $4.3 million for 2009, up 9.4% from
full year 2008, and down 5.8% from budget. Daily sales started strong early in
2009, but have lagged so far this season.
Season year -to -date (Nov /Dec '09)
Pass sales for November /December total $652,534, down 12.6% compared to
November /December 2008.
Daily sales for November /December total $735,972, down 24.8% compared to
November /December 2008.
January, 2010
Pass sales total $33,094, up 47.8% from January 2008.
As of January 18, daily sales total approximately $659,496. Although sales were
lean the early part of the month, this past weekend showed improvement with an
8% increase over the same weekend last year.
Across all funds for 2009, total revenue of $42.5 million met the annual budget
(down only 0.8 %). Town reserves total an estimated $50.6 million.
Finance /Budget/Budgetl0 /Town Council Memos /100202 Revenue Highlights
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3-1 - 2 \n
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 2, 2010
ITEM /TOPIC:
Consent Agenda.
a. Approval of the 01.05.10 & 01.19.10 Vail Town Council Minutes.
ATTACHMENTS:
01.05.10 Minutes
01.19.10 Minutes
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Vail Town Council Meeting Minutes
Tuesday, January 5, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Kerry Donovan
Susie Tjoseem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Public Input.
There was none.
The second item on the agenda Consent Agenda.
a. Approval of 12.01.09 & 12.15.09 Town Council Minutes.
Foley moved to approve with minor amendments with Rogers seconding. The motion
passed unanimously, 7 -0.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update.
Finance Director Judy Camp reported that when all sales tax returns are received for
the month of November, collections for the month are expected to be $645,639
down 10.2% from November, 2008. Year -to -date total sales tax collections of
$14.3 million are down 15.6% from 2008 and less than 1% down from budget.
Inflation as measured by the consumer price index was up 1.8% for the month of
November compared to 2008. Use tax collections as of December 30, 2009, total
$714,785, a 12% increase from this time last year. The annual budget of
$700,000 has been met. Construction permit revenue through December 30
totals $793,365 down 68% from 2008. The 2009 budget assumed a 66% drop.
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The decrease in activity from the prior year is due to both major and non -major
redevelopment projects underway in 2008. Major redevelopment projects so far
this year make up 48% of the total dollars, and are down 81% from 2008.
Revenue from non -major projects is down 23% from 2008. Real Estate Transfer
Tax (RETT) collections through December 30, 2009, total $2.5 million, compared
to a full year forecast of 2.4 million. This amount is a 73% decrease from last
year due to both major and non -major redevelopment projects. Eagle County as
of October, 2009 is down 60% in sales dollars and down 46% in the number of
sales transactions. At this time last year, the town had collected $9.1 million in
RETT from sales of major redevelopment projects such as Arrabelle, Forest
Place, One Willow and the Vail Plaza. Year -to -date 2009 has seen limited sales
from major redevelopment projects and is down 88 %. Collections not related to
major projects year -to -date are 39% down from this time last year. Across all
funds, total revenue of $38.6 million is down 26.7% year -to -date from this time
last year and down 3.7% from the budget. These numbers should improve as we
continue to receive December revenues. Town reserves total an estimated
$50.6 million.
b. Confirm annual community meeting date: Tuesday evening, March 9, 2010.
Council agreed to host the annual community meeting on March 9.
Daly joined the meeting.
c. The Vail Valley Athlete Commission
Assistant Town Manager Pam Brandmeyer explained the Vail Valley Athlete
Commission is composed of four members, each contributing $6,000 annually (a
decrease from $10,000 annually): Vail Valley Foundation, Vail Resorts, Beaver Creek
Resort Company and the Town of Vail. This Commission was established in the '90's to
combine resources and coordinate individual athlete requests for funding support. The
winter'09 2010 recipients are as follows:
Sarah Schleper $4,000 Alpine Ski Racing
Kevin Hochtl $3,500 Nordic Skiing
Hunter Schleper $3,000 Alpine Ski Racing
Taylor Seaton $1,500 Halfpipe Skiing
Dylan Bidez $1,500 Freestyle Snowboarding
Nathan Asoian $1,000 Alpine Ski Racing
Greta Byrne $1,000 Alpine Ski Racing
Claudia Bourier $ 750 Halfpipe, Slopestyle, Big Mountain
Skiing (needs to qualify)
Jessica Cumming $1,500 Freeskiing Halfpipe (needs to qualify)
Joshua Smith $1,000 Cross County Skiing (needs to qualify)
Christian Kloser $ 750 Nordic, Winter Triathlon (needs to
qualify)
Lisa Isom $ 750 Winter Triathlon (needs to qualify)
Heidi Kloser $1,000 Freestyle Mogul Skiing (needs to
qualify)
Tommie Bennett $ 500 Snowboarding (needs to qualify)
John Spriggs $ 750 Halfpipe / Slopestyle Skiing (needs to
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qualify)
International competition is one of the components of awarding these funds. In the case
of competitors who have "needs to qualify" attached to their names, if they do not qualify
to compete internationally.
The fourth item on the agenda was the Planning & Environmental Commission
(PEC) /Design Review Board (DRB) Update.
During a review of the most recent meetings of the PEC and DRB, Chief of
Planning Warren Campbell answered questions regarding the latest proposals to
go before the two boards. No items were discussed in detail.
The fifth item on the agenda was an Information Update.
Council discussed the potential reappointment of former Council Member, Chuck Ogilby
to the Water Quality and Quantity Committee. Daly said there appeared to be some
tension between the Eagle River Water & Sanitation District ( ERWSD) and the Town of
Vail. "I think we should have a solid discussion about that He may be the best guy but
I would like to have some discussion about it." Zemler encouraged meeting with the
ERWSD and the Northwest Colorado Council of Governments Water Quality and
Quantity Committee to discuss the matter of Ogilby's appointment.
Foley clarified the Arosa Drive duplex affordable housing Lottery would take place on
January 13.
The sixth item on the agenda was Matters from Mayor & Council.
Foley congratulated those who participated in a recent ice skating show at Dobson Ice
Arena. He then said that skier drop -off continues to happen on East LionsHead Circle.
"If that is where people want to be we should enhance it and make it easy for people to
get in and out."
Tjossem said the town had created good locations for skier drop -off but they are being
underutilized. "I believe the marketing of available parking opportunities is worth
exploring. She then spoke highly of the customer centered performance of a bus driver
she had encountered. She finished her comments by noting that the absence of ski
racks around town makes it difficult for people to linger.
Newbury asked how many people had purchased Frontage Road parking passes. She
encouraged getting the word out to employers about their availability.
Rogers thanked the Public Works Department for shoveling the recreation path in Ford
Park. She then announced the annual Triumph Winter Fest ice sculpture event would be
taking place at the Gore Creek Promenade in the near future.
Daly asked why bus service was discontinued from 10 -12:00 a.m. on New Year's Eve.
Public Works Director Greg Hall explained it was intended to limit intoxicated people
from entering Vail Village. Daly then asked asked if Vail had the critical mass to support
another Village and portal (the proposed Ever Vail project) to Vail Mountain. "What are
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the potential impacts to Vail Village and LionsHead if there is a third village area Will it
draw down on the amount of traffic we see in Vail Village ?" Zemler said the town would
address what the impact to town services would be (i.e., transit, snow removal) during
the planning process.
Donovan said it had been a delightful holiday season.
Council questioned the functionality of Seibert Circle. Zemler reported repairs were
scheduled to be made to the fire element of the fountain.
The seventh item on the agenda was the annual appointment of newspaper of record
for Town of Vail publications and notices for 2010.
Assistant Town Manager Pam Brandmeyer reported that the town annually establishes a
newspaper of record for all public notices. This year, the town requested a bid from
Eagle Summit Publishers, owner of the general circulation newspaper, The Vail Daily,
and requested a bid for The Vail Daily publications. Daly moved to approve a contract
with the Vail Daily with Rogers seconding. The Vail Daily proposal was 21 % less than
the previous year. The motion passed unanimously, 7 -0. For details, contact Loreliei
Donaldson at 7 -0.
The eighth item on the agenda was a NEXTbus Update.
Transportation Director Mike Rose reported a large volume of guests and residents were
using the system. He then explained how the system "anticipated" where a bus should
be based on schedule and historical performance. Vail Homeowner's Association
representative Jim Lamont said the NEXTbus service was useful. Council agreed to
continue utilizing the service.
The ninth item on the agenda was Ordinance No. 1, Series of 2010, an emergency
ordinance amending the Town of Vail's Health Insurance Fund budget for 2009; making
supplemental appropriations thereto; and declaring an emergency.
Budget and Financial Reporting Manager Kathleen Halloran reported town staff was
notified on December 29 of significant health claim expenditures that were unforseen at
the last 2009 budget adjustment. As these claims would cause an overage in the Health
Insurance Fund 2009 expenditure budget, staff requested additional funds to be
appropriated. Daly moved to approve the ordinance with Tjossem seconding. The
motion passed unanimously, 7 -0.
The tenth item on the agenda was Resolution No. 1, Series of 2010, a resolution
designating a public place within the Town of Vail for the posting of notice for public
meetings of the Vail Town Council, Planning and Environmental Commission, Design
Review Board, and other boards, commissions, and authorities of the Town of Vail.
Brandmeyer reported that pursuant to Section 24- 6- 402(2)(c) of the C.R.S. as amended,
local public bodies must give full and timely notice to the public of any meetings at which
the adoption of any proposed policy, position, resolution, rule, regulation, or formal
action occurs at which a majority or quorum of the body is in attendance, or is expected
to be in attendance. Brandmeyer explained the town's official postings occurred at the
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east and west entrances of the Municipal Building. Rogers moved to adopt the resolution
with Daly seconding. The motion passed unanimously, 7 -0.
The eleventh item on the agenda was Resolution No. 2, Series of 2010, a Resolution
Approving an Intergovernmental Agreement between the Town of Vail and the Roaring
Fork Transportation Authority.
Public Works Director Greg Hall reported that in 2009 the Roaring Fork Transit Authority
(the "RFTA ") had a bid and award to purchase buses. The Town of Vail has budgeted
the purchase of six (6) buses in 2010. The town would like to enter into an agreement
with RFTA to utilize RFTA's bid and award to purchase the town's six buses at the same
or similar terms. The agreement would not require the town to purchase any bus
equipment. Hall then asked Council to approve the IGA, and authorize the Town
Manager to sign and enter into the IGA with RFTA in a form approved by the Town
Attorney. Daly moved to approve the resolution with Rogers seconding. The motion
passed unanimously, 7 -0.
Town Attorney, Matt Mire, asked the Council if they would be inclined to enter
into Executive Session at the end of the meeting for an update on current activity
in Colorado regarding current case law that has been reported in the Vail Daily
newspaper. Rogers moved to enter into Executive Session, pursuant to: 1)
C.R.S. §24- 6- 402(4)(b) - to receive legal advice on specific legal questions, with
Foley seconding. The motion passed 6 -1, with Cleveland opposed.
The twelfth item on the agenda was Adjournment.
Foley moved to adjourn with Daly seconding at approximately 7:45 p.m.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, January 19, 2009
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at
approximately 6:00 P.M. by Mayor Dick Cleveland.
Members present: Dick Cleveland, Mayor
Kevin Foley
Margaret Rogers
Andy Daly
Kim Newbury
Kerry Donovan
Susie Tjoseem
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
a. Timber Ridge Update
Zemler reported the contemplated redevelopment continued to move forward and
financing for the project remained viable. "U.S. Bank is being highly cooperative."
Newbury said the Vail Economic Advisory Committee unanimously supported the
project.
The third item on the agenda was the Eagle County Regional Airport (EGE)
Update.
Air Planner Inc. representative Kent Myers provided an overview of operations
and planning at the EGE:
• Growth and history of EGE
• Supporters of "guaranteed" air service
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• EGE Airport Economic Impact
• The EGE Airport's relative size and traffic levels to other regional airports in
the US
• Future air service opportunities
Meyers reported 500,000 skier days to "Vail proper" are generated on an annual
basis by the Eagle County Airport. "By 2004 EGE had become the third busiest
air hub in the state Currently EGE is served by four major airlines We have all
of the legacy carriers in place There are many communities of 500,000 people
who do now have the service available to EGE during the winter." During a
pause for public comments, Michael Cacioppo asked Myers who he worked for.
Myers said he worked for the Eagle Air Alliance (a group of local government and
business supporting air service guarantees.)
The fourth item on the agenda was a Joint meeting of the Town of Vail Planning
& Environmental Commission and the Town Council to hear a presentation from
the Ever Vail team.
The presentation included Rob Katz, Vail Resorts CEO, who spoke to the reason
and need for a fifth portal to Vail Mountain. The redevelopment team will then do
an overview of the proposed project with a focus on the proposed provision of
parking and plan for allocation of that parking. The presentation concluded with
a discussion to identify topics to be considered for future hearings. The Council
was not asked to make any formal action. Applicant representatives Dominic
Mauriello, Tom Miller and Tom Allender explained the Ever Vail project is
comprised of multiple applications to establish the entitlements for the
redevelopment of the approximate 12.2 acre site. Katz explained, "The
redevelopment of the area known as Ever Vail is an intricate project with many
applications and steps within the development review process." Katz said the
primary intent of his presentation was to focus on guest service. "The new
mountain portal will reduce crowding on mountain, add parking, and create iconic
development with high environmental standards Vail Resorts only wants to
participate in real estate deals that enhance the on- mountain experience In this
market we would not launch this project Timing is everything I can't stress
enough that a project like this needs to get going as soon as the market
recovers Why process the Ever Vail application now? ... Because our company
wants to be ready to go when the market rebounds to ensure success We
really are looking for community and Council input on this project I think the
community and the Council want this project to be financially successful."
Rogers asked if Vail Resorts was able to provide construction completion
guarantees. Katz responded he would be willing to provide guarantees on an
incremental phases which would be synched with the phased construction of the
project. "Our company has never walked away from a project we have started."
Responding to a question from Daly in regard to guest experience and parking,
Katz commented, "Frontage Road parking is a huge detriment to the guest
experience." Foley asked why Vail Resorts would not want to improve the
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Cascade Portal as opposed to building a new one. Katz stated the current
allowable parking on the parcel was inadequate. During a pause for public
comment, Paul Rondeau asked if Ever Vail would only add to guest confusion in
regard to way finding. Michael Cacioppo asked how many employee housing
units would be included in the project and for a proposed construction timeline.
Katz confirmed the start date depended on the market. Cacioppo then spoke in
support of the project as it would create jobs. Allender provided the audience
with a discussion on estimated skier distribution and parking analysis. "We
predict 908 skiers per day will be added due to the development This is a pretty
good number to use The "manage to" number is predominantly determined by
Town of Vail limitationsL The mountain is not the limiting factor." Allender
explained that Vail Resorts is conducting a study and analysis of all on- mountain
facilities in order to prioritize capital improvements. The group later clarified the
proposed Ever Vail parking structure, with 1,551 spaces, would be the largest
parking garage in Vail. Allender noted, "The parking at Ever Vail is going to
become the favorite parking for some distribution of Vail skiers." Mauriello
commented, "Ever Vail will be an extension of the Lions Head Village core The
project is hugely pedestrian oriented." Daly expressed concern that parking
requirements do not take into consideration newly added parking opportunities
created by the town (diminishing the actual need for parking stalls). Zemler
asked Council to identify issues they would like to discuss at future meetings.
Rogers and Foley confirmed that as the project developed employee housing
would be built as required and incrementally. PEC member Michaels Kurz said
he would like to see conceptual renderings with views from the north and south
of the waste water treatment plant on the south side of the proposed project.
Zemler stated that in the future the town would need to focus on operational
concepts. Daly asked, "How much retail can the town support ?" Michael
Cacioppo said parking on the Frontage Roads served as a positive as opposed
to a negative. "Parking on the Frontage Roads tells people Vail is the place to
be." Cleveland said he was looking forward to expanding the LionsHead parking
structure right now.
-- LionsHead Transit Center Recommendation.
Town Engineer Tom Kassmel explained The Town of Vail and the Vail
Reinvestment Authority (VRA) were in the process of studying the feasibility of
constructing a LionsHead Transit Center in response to past planning efforts
including the LionsHead Master Plan (1998), A Report on the Recommendation
of a Preferred Site for the Town of Vail Transit Center (2005), Vail 20/20 (2007),
the LionsHead Transit Center White Paper (2008), and the Vail Transportation
Master Plan (2009). The VRA has contracted with the 4240 Architecture Team to
complete the design study. The purpose of the evening session was to present
the recommended revised components of the 113/213 Modified scenario based on
previous input and discussions; further investigation of skier drop -off; scaling
down and refining the impacts of the Frontage Rd. bus area; and softening the
entrance to LionsHead Mall. Staff requested Council provide staff and the design
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team with direction to bring the recommended components through the Design
Development (DD) and entitlement process. Kassmel noted that progress of the
project since the project kick -off in May has been tracked on the Town of Vail
website at http:// www. vailgov.com /subpage.asp ?page_id =916. All formal
documentation, memos and presentations are available for review. He then
asked Council to provide staff and the design team with direction to bring the
recommended components forward through design development and the town's
entitlement process with a maximum total project budget of $15 million; authorize
staff to enter into contract negotiations with the design team for the completion of
Phase III - Design Development and Entitlements; and direct staff to update the
LionsHead Master Plan to reflect the recommended components and ultimate
long term solution. During a pause for public comment, local hotelier Bob Lazier
spoke in support of the project and recommended a second floor entrance on the
West in West Out to leave the option open for a east side exit. Steve Vrostic said
the private sector could help redevelop the auxiliary building. One of Concert
Hall plaza owners, Kim Hughes spoke in support of redeveloping Concert Hall
Plaza. Council agreed to continue onto the design /development. Council did not
support proceeding with the east mall plaza or Concert Hall Plaza improvements.
-- Ordinance No. 2, Series of 2010, an emergency ordinance imposing a
temporary moratorium of one hundred eighty (180) days in duration on the
processing and approval of any application for a permit or license related to the
operation of a business that sells medical marijuana pursuant to the authority
granted by article XVII, § 14 of the Colorado Constitution; directing the prompt
investigation of the Town's regulatory authority over such businesses.
In the November 2000 general election, the voters of the State of Colorado
adopted Amendment 20 to the Colorado Constitution (Article XVIII, § 14), which
authorizes and limits the sale of medical marijuana for use in the treatment of
certain debilitating medical conditions. The town has received inquiries from
persons who are interested in opening and operating businesses and
cooperatives that would offer medical marijuana for sale or distribution, including
the cultivation of marijuana. The town's current regulations prohibit the operation
of Medical Marijuana Dispensaries in the town. The imposition of a moratorium
on the processing and approval of applications for town permits and licenses
relating to the operation of Medical Marijuana Dispensaries will allow town staff,
the Town Attorney and the Council to investigate the town's regulatory authority
over Medical Marijuana Dispensaries. Rogers moved to approve the emergency
ordinance based on the memorandum from Town Attorney Matt Mire, with Daly
seconding. The motion passed unanimously, 7 -0.
-- Information Update
Assistant Town Manager Pam Brandmeyer told Council they were invited to
outgoing Northwest Colorado Council of Government's Executive Director Gary
Severson's retirement luncheon.
\n 2/2/2010 \n 4
-- Matters from Mayor & Council.
Newbury announced closing contracts had been signed for two families to move
into the town built Arosa Drive duplex intended to serve as workforce housing.
Tjossem thanked long time local Mery Lapin for his continued efforts (30 years)
with Vail Junior Hockey. Council then agreed to publically acknowledge Lapin for
his volunteer work that had impacted generations of youth in the Vail Valley.
Foley said a recently added waste receptacle on the 1 -70 pedestrian bridge was
appreciated and being used. He then said the Vail Recreation District (VRD)
would like to have joint meeting prior to the upcoming May election. Foley
concluded his comments by mentioning the recent Fire Department swearing in
was a great event.
a. Parking Task Force Appointment
Council agreed to invite potential Task Force applicants to attend the next
Parking Task Force Meeting and ask them what their thoughts are.
-- Adjournment.
Foley moves to adjourn at 11:02 with Daly seconding. The motion passed
unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
\n 2/2/2010 \n 5
M.
iV f3i7 4!� T' i
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 2, 2010
ITEM /TOPIC: Resolution No. 4, Series of 2010, a resolution authorizing the Town of Vail to
apply for a Local Parks and Outdoor Recreation grant from the State Board of the Great
Outdoors Colorado Trust Fund for the Red Sandstone Elementary School playground
renovation; and setting forth details in regard thereto.
PRESENTER(S): Gregg Barrie and Eagle County School District Representative
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 4, Series of
2010.
BACKGROUND: The State Board of the Great Outdoors Colorado Trust Fund ( "GOCO ")
assists local governments in acquiring, expanding, enhancing and improving parks, outdoor
recreation and environmental education facilities. The Town of Vail (the "Town ") has a 30 year
lease with Eagle County School District (the "District ") for the elementary school known as
Red Sandstone Elementary School ( "RSES "). The Town has requested $200,000.00 from
GOCO to sponsor the relocation and renovation of the RSES playground on behalf of the
District.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 4, Series of 2010.
ATTACHMENTS:
Memorandum, Resolution No. 4, Series of 2010, & Letters of Support
\n 2/2/2010 \n
MEMORANDUM
TO: Town Council
FROM: Gregg Barrie, Department of Public Works
DATE: February 2, 2010
SUBJECT: Resolution 4 Series 2010 - Town Council Support of GOCO Grant Application for
Red Sandstone Elementary School Playground Improvements
I. Background
In 2009, the Vail Town Council contributed $25,000 to Red Sandstone Elementary School in
conjunction with equal matches from both the PTA and the Eagle County School District (District)
for the purpose of designing and installing improvements to the school's play area and
equipment. The District hired a local architect for design and project management with some
participation from town staff.
The design for the new play area is progressing well and has been submitted into the Town's
design review process. And, with the possibility of a grant from Great Outdoors Colorado
(GOCO), the project could begin construction as soon as July 2010.
II. GOCO Grant and Support Resolution
Great Outdoors Colorado is funded by the Colorado Lottery. Over 15 years, the program has
assisted with more than 1000 park /playground projects throughout the state. The Red
Sandstone School Playground Renovation is an ideal match for the program's Local Parks and
Outdoor Recreation Grant which allocates up to $200,000 for qualifying projects.
By State Law, non - profits, including school districts, are not eligible to apply for a GOCO grant.
Therefore, the local government agency (Town of Vail) must sponsor the ineligible entity (District)
by applying for the grant.
The Grant Application requires the Town to pass a Resolution of Support. The Resolution
generally states that the Vail Town Council supports the project and the application, and outlines
responsibilities should the grant be awarded.
III. Design Update
• Play Area - The new design proposes to relocate the play area up to the open turf area
located just west of the school building, and just east of the soccer field. The relocation
serves numerous purposes:
a) Safety: the existing play area is highly visible to 1 -70, the Frontage Roads and the
North Recreation Path. It is fairly noisy, and with no significant separation from public
areas. The new location is more secluded and secure, as well as more convenient to
the school building.
b) Capacity: the existing play equipment is designed to accommodate approximately 40
students. The new equipment will accommodate 75 students, which is closer to
typical usage.
\n 2/2/2010 \n
5 -1 -1 \n
c) Space: the new location is an existing turf area and therefore is already leveled.
Installation would require minimal disturbance. The larger space allows for more
equipment and is adjacent to open turf area permitting students to spread out. The
alternative of increasing the size of the existing area would require additional
retaining walls for only minimal gain.
d) Cost: Because existing surfacing, access, retaining walls and fencing would require
repairs /alterations and because all of the play equipment is to be replaced, the cost of
relocation is essentially offset by the site work savings.
• Existing Play Area - At this time, it is anticipated that the existing play area will be re- graded
to a natural slope and then landscaped with native grasses, aspens and shrubs. The existing
fence and walls will be removed, and a small flat picnic area will remain.
• Community Use /Benefits — Relocating the play area has some important benefits for the
school, as noted above, but also for the community.
a) Improves the facility for VRD After - School and Camp Vail programs and places two
recreational facilities (soccer field and play area) in close proximity, likely improving
use on the soccer field for the school, VRD and the neighborhood.
b) Significantly improves the safety and security of the play area for the school, VRD
and the neighborhood.
c) Adds a larger, improved play facility to Vail in close proximity to Lionshead
d) Provides an ADA accessible play area. The existing location is not accessible.
e) Improves the aesthetics of the front of the school and opens that space for a future
use such as parking, basketball court or other community facility.
IV. Project Schedule and Next Steps
January 25, 2010 Submit DRB /PEC applications (complete)
February 2 Request Town Council to pass Support Resolution
February 17 DRB presentation
February 22 PEC presentation
March 2 GOCO Application Deadline
June 17 Tentative GOCO decision deadline
If the grant is awarded, the project would be put out to bid by late June, with construction
anticipated to begin in early August.
V. Attachments
1) Resolution 4, Series 2010
2) Proposed plans
3) Support Letters
VI. Staff Recommendation
Staff recommends approval of Resolution 4, Series 2010 supporting the Red Sandstone
Elementary School Playground Renovation Project and GOCO Grant Application.
\n 2/2/2010 \n
5 -1 -2 \n
RESOLUTION NO. 4
Series of 2010
A RESOLUTION AUTHORIZING THE TOWN OF VAIL TO APPLY FOR A LOCAL
PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE
GREAT OUTDOORS COLORADO TRUST FUND FOR THE RED SANDSTONE
ELEMENTARY SCHOOL PLAYGROUND RENOVATION; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the "Charter "); and
WHEREAS, the members of the Town Council of the Town (the "Council ") have
been duly elected and qualified; and
WHEREAS, the Town owns the property referred to as the Red Sandstone
Elementary School, (the "RSES "); and
WHEREAS, On April 12, 2006, the Town and Eagle County School District RE-
50J ( "District ") entered into the Red Sandstone Elementary School Lease. This lease is
for a minimum of 30 years; and
WHEREAS, the Town and District additionally have a joint use agreement at the
same location with Vail Recreation District (the "VRD ") for a soccer field; and
WHEREAS, the Town supports the Great Outdoors Colorado ( "GOCO ") grant
application for the RSES playground renovation; and
WHEREAS, the Town has requested $200,000.00 from GOCO to sponsor the
RSES playground renovation on behalf of the District; and
WHEREAS, the Council's approval of Resolution No. 4, Series 2010, is required
for the Town to apply for the GOCO grant.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves and supports the application for a
grant with GOCO.
Section 2. The Council's express understanding is that the District has
appropriated matching funds for the grant with LOCO. Additionally, it is the
understanding of the Council that the District will authorize the expenditures of funds
necessary to meet the terms and obligations of any grant awarded.
Section 3. The project site is owned by the Town and will be owned by the
Town for the next twenty -five (25) years.
Resolution loo. 4, Series 2010 An 2/2/2010 \n
5 -1 -3 \n
Section 4. If a GOCO grant is awarded, the Town will enter into an
Intergovernmental Agreement with the District binding the District to all GOCO Grant
obligations.
Section 5. The Town has the ability to complete this project and has
demonstrated this ability on numerous park and playground projects in recent years.
Additionally, in 2004, the District oversaw the construction and maintenance of the
resurfacing of a track at the Battle Mountain High School, this project was funded by a
GOCO grant.
This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 2 d day of February, 2010.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution loo. 4, Series 2010 An 2/2/2010 \n
5 -1 -4 \n
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\n 2/2/2010 \n
5 - 1 - 6 \n
EAGLE COUNTY SCHOOLS
EDUCATING EVERY STUDENT FOR SUCCESS P.O. BOX 740 • EAGLE, COLORADO 81631 970.328.6321 • FAX 970.328.1024
January 27, 2010
Town of Vail:
Please accept this letter as support for the requested assistance with
playground improvements at Red Sandstone Elementary.
As you know, that site has always been a challenge to maintain. From both
a grounds /landscaping perspective and a child safety focus, the desired
improvements will greatly improve the facility. In addition, this project will
also provide needed equipment replacement for the school.
This project will allow ADA and accessibility issues to be addressed as well.
The design also strives to achieve improved site security in accordance with
state school standards.
We look forward to the opportunity to partner with the Town of Vail to
improve the recreational experience and safety of our children at play.
Diana Scott
Director of Facilities
Eagle County School District
970 -328 -1324
\n 2/2/2010 \n
5 -1 -7 \n
January 25, 2009
AIL RECREATION
0 1 S T R I C T To Whom It May Concern:
The Vail Recreation District (VRD) supports the proposed changes to the Red
700 S. Frontage Road East Sandstone Elementary School (RSES) playground. The VRD uses this playground
Vail, Colorado 81657
970.479.2279 throughout the year. The KidZone After School and School's Out Camp programs use
f 970.479.2197 the playground throughout the school year including school holidays. On average,
www.vailrec.com
10 of the 25 children use the playground 2 to 3 afternoons per week — depending on
weather. In addition, the VRD hosts Camp Vail at RSES throughout the summer
where 20 to 50 of the 80 children use the playground five days per week.
VAIL GOLF CLUB
1778 Vail Valley Drive In addition to school and VRD uses, the RSES playground has many other users. With
479.2260
f 479.2355 its proximity to the West Vail Red, West Vail Green, Sandstone and ECO bus lines,
many families use the playground while waiting for the bus. Children with siblings in
GOLF MAINTENANCE the gymnastics center use the playground quite often as well. Finally, many children
1278 Vail Valley Drive
479.2262 use the playground immediately after school or while waiting for an after school
f 479.3451 sport or program to begin.
PARK MAINTENANCE Safety is our main concern. The retaining walls have stones that fall off the wall
700 S. Frontage Road East
479.2457 rather frequently. In fact, these stones are at the bottom of the wall so often our
f 479.2197 children hardly notice. The run -off drainage provides children an enticing play
VAIL TENNIS CENTER opportunity requiring close supervision by adults. Additionally, the run -out from the
700 S. Frontage Road East drainage structure tends to flood the lower playground in the spring. While this
479.2294 does not pose a safety concern, it does make for some rather muddy la I did not
f 479.2197 p Y Y p Y�
J OHN A. DOBSON ARENA mention one user in the above paragraph: the playground's proximity to the 170
321 Lionshead Circle pedestrian bridge offers a stop on the swings to many local workers on their way to
479.2271 or from work. There is a smaller p opulation of workers whose most direct p ath
f 479.2267 p p p
across the bridge is directly through the playground. While vigilant supervision
VAIL YOUTH SERVICES keeps our children out of harm, keeping pedestrian paths separate from our playing
395 E. Lionshead Circle
479.2292 children would add some comfort to VRD staff and our children's parents.
f 479.2835
While the overall square footage of the playground is sufficient for many children to
VAIL NATURE CENTER play, the actual structures can keep fewer children occupied. I would consider the
841 Vail Valley Drive
479.2291 capacity of the swing, slide, monkey bars and other structures to be 20 children
f 479.3459 including those waiting for a turn on one of the designed structures.
VAIL GYMNASTICS Since ely
545 N. Frontage Road West
479.2287
f 479.2286
ADULT & YOUTH SPORTS Chad Young Mike Ortiz
700 S. Frontage Road East
479.2280 VRD Youth ServicCic r VRD Exectutive Director
f 479.2281
Or visit us on the web at:
www.vailrec.com
\n 2/2/2010 \n
5 -1 -8 \n
Red Sandstone
Elementary
NANcy A. Ricci
HARRY MCQUEENEY
11 R INT C I PAL S
'7
Q,
AU
January 25, 2010
Dear Honorable Mayor Dick Cleveland & Town of Vail Council Members,
Representing the RSES/PTA, I am writing to you in support of the Red Sandstone
Elementary School Playground renovation project. As well as the Town of Vail's support of
the GoCo Grant application.
My name is Lynda Sampson. I currently serve as the PTA President for Red Sandstone
Elementary School. I have been involved in the Playground Renovation project for the last
four years. During that time the PTA has been able to raise $75K towards improving our
playground. Money has come from RSES/PTA fundraising efforts (25K), the Eagle
County School Board (25K) as well as from the Town of Vail (25K). This is a great start
and offers the support we need to raise the additional money needed to complete the
project through the GoCo Grant application.
The rationale behind the playground improvement is based on safety issues, parent
concerns and student capacity.
The existing playground does not meet safety specifications, presents major safety
concerns for students due to its proximity to 1-70 and the pedestrian overpass and does
not accommodate the current student population or the local community residents.
The project plans to move the playground further from the traffic safety hazards by building
an upper playground with traditional but updated playground equipment. In turn this plan
would include a lower playground that will sustain organized play and classroom modules
designed for the outdoors as well as added landscaping elements to promote enhanced
security.
This proposed plan address all of our concerns and still allows for community access to the
playground after school hours. It also increases the capacity of the playground from 45
students to 75 allowing for greater opportunity for recreation and outdoor learning.
RSES is an important part of the Vail Community and providing a safe and viable
neighborhood school only enhances the Town of Vail.
I thank you in advance for your continued support of the RSES/Community project and ask
that you take that support one step further by approving and signing off on the
Memorandum of Understanding for the GoCo Grant application.
Sincerely,
Lynda Sampson
RSES PTA President \n 2/2/2010 \n
551 N. FRONTAGE ROAD - VAIL, COLORADO 81657 -'I'E',EPHONfi:-91' ,-)-%D8-2910 - FAX- 97/0-476-4769
ESTW INDAT VAIL
548 S. Frontage Road ® Vail, Colorado 81657
(970) 476 -9378 * (888) 588 -9378 s Facsimile (970) 479 -5598
January 22, 2010
Dear Town of Vail Council Members,
I am writing this letter of support for the Red Sandstone Elementary Playground proposal.
My name is Jeff Jacobs and I am the General Manager of the Westwind at Vail Condominiums which is
located directly across the high way from RSES. The pedestrian overpass bridge gives our owners and
guests easy access to the playground.
RSES playground is the only one in walking distance from the Westwind and I have been sending owners
and guest's children to that play area for 17 years. I assume that my condominium neighbors also
recommend that facility for their guests. My daughter goes to RSES so I have been to that play ground
many times over the years and we have 3 employees that have children and use the park.
1 agree that it is time to rebuild and reposition the area for safety and esthetic reasons. The current play
ground has always been too close to the traffic, has not had adequate fencing, is too small, has no
landscaping and needs to be updated with safer equipment.
The Town of Vail has always done such a nice job on its park and play ground renovations such as
Donovan Park, Pirate ship Park and the Ellefson park. Please recognize the importance of this
playground for the students at RSES and also the owners and guests of the neighboring condominiums.
Thank you for your attention to this matter.
Sincerely,
r
1
Jeff Jacobs
General Manager
Westwind at Vail
548 S. Frontage Rd.
Vail, CO 81657
\n 2/2/2010 \n
�A .
mcmtqxemeta c6 \
4
4NTLER5 AT VWL
CONDOMINIUMS & CONFERENCE CENTER
680 W. Lionshead Place Vail, CO 81657 970 -476 -2471 970 -476 -1012 fax www.antlersvaii.com
January 22, 2010
To Whom It May Concern:
Please accept this letter of support for the improvements to the Red Sandstone
Elementary School playground. The Antlers is a small condominium hotel in Lionshead,
just down the street from the school. There are several reasons that these
improvements are needed. Obviously, there's the benefit of having an appropriate place
for the children in our community to play and recreate. Unfortunately, in the context of
all Vail has to offer for adult recreation, facilities geared toward younger children are
sorely lacking.
Under the unlikely heading of economic development, I suggest that the proximity to
Lionshead of a suitable playground will actually improve our visitors' experience to the
point where it could actually benefit our tourism based economy. While the majority of
users will undoubtedly be from local families, some number of our visitors' children will
certainly enjoy the facilities as well. Perhaps that's part of the reason the Town of Vail is
willing to offer matching funds for this project.
Even less measurable is the added attraction to our guests of simply having an active
and attractive playground nearby, although most may not actually utilize it. Many Vail
visitors are charmed by the seamless interaction between themselves and the locals.
Priding itself on NOT being just "Disneyland with snow ", this genuine community feel is
critical to the ambience and success of our tourist economy. Having local kids playing in
the neighborhood goes a long way to further that feeling.
It seems that the ordinary "quality of life" benefit of a much needed playground,
combined with the added value of an economic development component (particularly in
these challenging times) make this a project surely worth funding.
Thank you for your consideration. Please don't hesitate to contact me with any
questions or clarifications.
Sincerely,
a&
Rob LeVine
General Manager
\n 2/2/2010 \n
5 -1 -11 \n
l b) - AV,c Itaneras
0
in Vail
Dear Town Council Members:
As the General Manager of Montaneros in Vail, I support the concept of the new Red
Sandstone Elementary School (RSES) playground. The current playground is very sub
standard to most playgrounds in the community and this playground is the closest to
Lionshead. Lionshead has always needed a playground area and having a more
updated playground nearby would be a benefit. Moving the playground to the upper
level of RSES is not a big deal. Our guests mainly use this playground when school is
not in session, therefore to walk up the hill a little more is not a big deal.
As a parent of a RSES student, I also support moving the playground to the higher area.
Thank you
Keith Odza
General Manager
Montaneros Condominiums
\n 2/2/2010 \n
5 - 1 - 12 \n
N
MIDDVVEEK
January 22, 2010
Town of Vail
Council Members
To Whom It May Concern:
On behalf of Middle Creek Village, I am writing this letter IN SUPPORT of Red
Sandstone Elementary playground update.
The new playground plan enhances the safety for the children and staff who use it — AND
WHAT COULD MORE IMPORTANT THAN THAT — by increasing the size of the
playground so that it comfortably and safely acconlrnodates the student population, and
by moving the playground farther away from the traffic hazards that it is exposed to now.
The proposed landscape improvements also promote safety and benefit the community
even for those who only experience it as they drive by.
Red Sandstone Elementary is a valuable asset for Vail and supporting the school as it
attempts to address concrete needs to benefit the students should be a priority of all of Lis
in the community, and especially those of you who represent us on the Council.
I urge you to approve the plans for Red Sandstone Elementary.
11c ely, ,.
ichaeI Coughlin
Owner
MhDDLE CREEK VILLAGE, LLC 2/2/2010 \n
115 North Frontage Road West #A -100 • Vail, Colorado 81657
TOLL FREE 1- 866 - 554 -8200 • LOCAL. 970-4-79 -8200 + FA7597d- 47§,%P01
M.
iV f3i7 4!� T' i
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: February 2, 2010
ITEM /TOPIC: A presentation of three alternatives for considering a request toextend the
approval periods for four existing development review application approvals which are
presently set to expire.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Inform staff whether the Vail Town Council wishes to
pursue any of the three alternatives outlined in the staff memorandum. If the Vail Town
Council wishes to pursue either Alternative #1 or #2, then instruct staff to grant administrative
extensions for four the development review applications approvals pursuant to the terms
outlined in the staff memorandum..
BACKGROUND: On December 1, 2009, the Vail Town Council held a work session to review
the existing regulations pertaining to the lapse of development review application approvals
and to discuss whether to grant extensions to four existing development review application
approvals. Following discussion on the topic, the Vail Town Council asked the staff to return
with alternatives for the Council to consider and an analysis of the impacts granting an
extension may have on the ability to collect the building materials and construction use tax,
sales tax and the employee housing mitigation requirements.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council instructs staff to pursue Alternative #1, as outlined in the staff
memorandum.
ATTACHMENTS:
Town Council Memorandum
\n 2/2/2010 \n
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: January 19, 2010
SUBJECT: A presentation of policy alternatives for considering a request to extend a lapse
in development application approvals.
I. PURPOSE
The purpose of this agenda item is to present three alternatives for consideration for four
existing development review approvals which are set to expire. The Vail Town Council
is being asked to instruct staff to pursue one of the three alternatives.
II. BACKGROUND
There are presently four approved development plans which received approval of
development review and design review applications within the last several years. Those
projects include:
• Cascade Residences (SDD amendment)
• Cornerstone Residences (SDD amendment)
• Strata (approved development plan)
• Timberline Roost Lodge (approved development plan)
Each of these projects went through the appropriate development review process and
has been granted an approval by the Town of Vail. While each of the projects differ in
some regards (ie SDD amendment, major exterior alteration, building permit application,
building permit issuance, etc.), they all have several factors in common. The common
factors are that the projects was reviewed and approved by the Town of Vail prior to the
effective date of the ordinance adopting the Construction and Building Materials Use
Tax, the ordinance amending the Zoning Regulations requiring that at least 50% of the
employee housing obligation of the project be provided on site and the ordinance
adopting the 2009 International Building Codes (IBC).
According to the Town's files, approvals for these projects were granted on the following
dates:
• Cascade Residences (approved 11/06/07 — expires 11/06/10) (11/11)
• Cornerstone Residences (approved 05/06/08 — expires 05/06/11) (5/12)
• Strata (approved 06/09/08 — expires 06/09/10) (building permit expiration
06/09/11, per letter dated 07/20/09, attached for reference) (6/12)
• Timberline Roost Lodge (first approved 10/11/08, amendments approved 1/16/08
expires 1/16/11) (1/12)
1
\n 2/2/2010 \n
6 -1 -1 \n
The Vail Town Council adopted the following three ordinances which affect development
proposals within the Town:
• Ordinance No. 37, Series of 2007 (effective January 1, 2008) - Construction and
Building Materials Use Tax
• Ordinance No. 1, Series of 2008 (effective January 1, 2008) - 50% On -site
Employee Housing Requirement
• Ordinance No. 18, Series of 2009 (effective January 1, 2010) —Adoption of the
2009 International Building Codes
III. APPLICABLE ZONING REGULATIONS
Special Development Districts
12- 9A -12: TIME REQUIREMENTS:
A. Start Of Construction; Completion: The developer must begin initial construction
of the special development district within three (3) years from the time of its final
approval, and continue diligently toward the completion of the project. If the special
development district is to be developed in phases, the developer must begin
construction of subsequent phases within one year of the completion of the previous
phase.
B. Approval Voided: If the applicant does not begin and diligently work toward the
completion of the special development district or any stage of the special development
district within the time limits imposed by the preceding subsection, the approval of said
special development district shall be void. The Planning and Environmental Commission
and Town Council shall review the special development district upon submittal of an
application to reestablish the special development district following the procedures
outlined in Section 12 -9A -4 of this Article. (Ord. 21(1988) § 1)
Approved Development Plans (exterior alteration)
12- 7A -12: EXTERIOR ALTERATIONS OR MODIFICATIONS:
5. Lapse Of Approval: Approval of an exterior alteration as prescribed by this article shall
lapse and become void three (3) years following the date of approval by the design
review board unless, prior to the expiration, a building permit is issued and construction
is commenced and diligently pursued to completion. Administrative extensions shall be
allowed for reasonable and unexpected delays as long as code provisions affecting the
proposal have not changed. (Ord. 5(2003) § 5: Ord. 31(2001) § 7: Ord. 23(1999) § 1)
Conditional Use Permit
12 -16 -8: PERMIT APPROVAL AND EFFECT:
Approval of a conditional use permit shall lapse and become void if a building permit is
not obtained and construction not commenced and diligently pursued toward completion
or the use for which the approval has been granted has not commenced within two (2)
years from when the approval becomes final. Approval of a conditional use permit shall
also lapse and become void if the use for which the approval has been granted is
discontinued for a period of two (2) years, regardless of any intent to resume operation
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of the use. (Ord. 5(2003) § 18: Ord. 10(1998) § 10: Ord. 48(1991) § 1: Ord. 16(1978) §
4(d))
There is no procedure prescribed in the Zoning Regulations which permits an
administrative extension to a development review application approval (ie, PEC /TC
action).
Design Review Application
12- 11 -12: LAPSE OF DESIGN REVIEW APPROVAL:
Approval of the design of a proiect as prescribed by this chapter shall lapse and shall
become void one year following the date of final approval of the proiect unless prior to
the expiration of one year, a building permit is issued and construction is commenced
and diligently pursued toward completion. However, if there have been no zoning
revisions or revisions or amendments to these guidelines which would alter the
conditions under which the approval was given, the community development staff may
extend the period of approval. (Ord. 39(1983) § 1)
IV. ALTERNATIVES FOR CONSIDERATION
#1: Extend the Approvals for 12 months Subject to an Administrative Action
Given the unique circumstances of the present conditions of the economy and
other factors out of the control of the applicants, the Vail Town Council may
conclude that an extension is warranted. With this in mind, the Town Council
could choose to instruct staff to grant an extension to the approvals for the four
specific projects in question, subject to the following terms:
1) One -time 12 month extension from the date of the expiration date.
2) The extension shall only be valid for the approved development plan(s)
that was granted. Any request for a change to the approved plans (ie any
change that requires a review by the PEC), except for a design review
change to approved plans request, shall cause the extension to be void.
3) Any application that has not yet received approval for a building permit
shall fully comply with the 2009 International Building Codes, as adopted
and as may be amended.
4) The granting of the extension shall be by administrative action
#2: Extend the Approvals for 12 months Subject to the Terms Outlined in
Alternative #1 with a Use Tax Payment Provision
Since payment of the Construction and Building Materials Use Tax does not
require a physical change to the approved plans, the Vail Town Council may
choose to grant an extension subject to the terms outlined in Alternative #1
above and require payment of the use tax. This alternative allows additional
flexibility given the unique circumstances of the economy and acknowledges the
resulting delay that it caused, but it still allows the town to collect the taxes
approved by the taxpayers of Vail. Additionally, this alternative acknowledges
the significant difficulties in redesigning an entire project.
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#3: Enforce the Zoning Regulations as Adopted
The Zoning Regulations as presently adopted contemplate and make provisions
for lapse of approvals. The applicable regulations are outlined in Section III of
this memorandum. While the current circumstances of the real estate market
have been difficult on many facets of our community, the reality is that town has
adopted the regulations for lapses of approvals for a reason. Additionally, the
Vail Town Council and the electorate of the community have adopted new
legislation which affects and alters the four projects described in section II in this
memorandum.
V. STAFF RECOMMENDATION
Staff believes that the first question that must be addressed is whether they find that the
circumstances of the economy warrants granting an exception to the Vail Town Code for
the four projects identified. If after discussing this question with the Town Council and
public it is determined that some form of change is believed to be warranted, then staff
recommends the Town Council instructs town staff to grant an extension pursuant to
Alternative #1, subject to the terms described in this memorandum. If, however, it is
determined that changes to the existing regulations are not warranted, then no further
analysis is necessary at this time (Alternative #3). If the Vail Town Council believes that
the collection of the use tax is necessary then Alternative #2 should be pursued.
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