HomeMy WebLinkAbout2010-07-06 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA +`
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VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JULY 6, 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: Town Manager's Report.
a. Revenue Update.
b. Summer Parking Update.
c. Timber Ridge Update.
d. Bio -Fuels Plant Update. (25 min.)
PRESENTER(S): Stan Zemler
3. ITEM /TOPIC: Consent Agenda.
a. Approval of 06.01.10 & 06.15.10 Town Council Minutes. (5 min.)
4. ITEM /TOPIC: Resolution No. 19, Series of 2010, A Resolution Opposing
Proposition 101 and Amendments 60 and 61. (20 min.)
PRESENTER(S): Judy Camp
ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Resolution
No. 19, Series of 2010. Direct staff regarding additional actions to take in
anticipation of Proposition 101 and Amendments 60 and 61 as ourlined in the
attached memo.
BACKGROUND: On May 4, 2010, Dee Wisor, Esq., of Sherman and
Howard presented information regarding three initiatives which will be on the
statewide ballot in November. The attached memo provides further
information and analysis of how each of the initiatives, if passed, will reduce
the town's revenue and limit its ability to issue debt.
STAFF RECOMMENDATION: Approve, amend, or deny Resolution No. 19,
Series of 2010.
5. ITEM /TOPIC: A request to release an Employee Housing Unit Deed
Restriction on Vail Intermountain - Block 9, Lot 4 also known as 2840
Basingdale Boulevard recorded against the property. (45 min.)
7/6/2010
PRESENTER(S): Dan Frederick (Property Owner) and George Ruther
ACTION REQUESTED OF COUNCIL: The property owner, Mr. Dan
Frederick, is requesting the Town Council authorize the release of the
employee housing unit deed restriction recorded against his property.
BACKGROUND: At the June 15, 2010, Town Council Meeting Mr. Frederick
requested Town Council consider authorizing the release of the employee
housing unit deed restriction recorded against his property. Following the
request the Town Council requested the item be placed on the July 6, 2010
agenda.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council
maintain the employee housing unit deed restriction on the property.
6. ITEM /TOPIC: First reading of Ordinance No. 11, Series of 2010, An
Ordinance making supplemental appropriations to the Town of Vail General
Fund, Capital Projects Fund, Capital Projects Fund, Real Estate Transfer Tax
Fund, Dispatch Services Fund, and Marketing Fund of the 2010 Budget for
the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein; and setting forth details in regard thereto.
Also included are staff recommendations for off -cycle funding requests. (30
min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments the first reading of Ordinance No. 11, Series of 2010.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council
approves or approves with amendments Ordinance No. 11, Series of 2010,
upon first reading.
7.
ITEM /TOPIC: First reading of Ordinance No. 12, Series of 2010, an
ordinance amending Section 12 -15 -5, Additional Gross Residential Floor
Area (250 Ordinance), Vail Town Code, to allow applications to be made for
additional GRFA prior to all the allowable GRFA being constructed on a
property, and setting forth details in regard thereto. (PEC100021) (30 min.)
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -7,
Amendment, Vail Town Code, the Vail Town Council shall approve, approve
with modifications, or deny Ordinance No. 12, Series of 2010, on first
reading.
BACKGROUND: Pursuant to Sub - section 12- 3 -7 -B, (Amendment) Initiation,
Vail Town Code, amendments to the Town Code may be initiated by the
Town Council, Planning and Environmental Commission, any resident or
property owner, and the Administrator. At its April 12, 2010, public hearing,
the Planning and Environmental Commission initiated an application for
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amendments to the Town of Vail Zoning Regulation's "Additional Gross
Residential Floor Area (250 Ordinance)" standards.On June 14, 2010, the
Planning and Environmental Commission forwarded a recommendation of
approval to the Vail Town Council on prescribed regulation amendments to
Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance),
Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code,
to allow applications to be made for additional GRFA prior to all the allowable
GRFA being constructed on a property, and setting forth details in regard
thereto, by a vote of 6 -0 -0.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves Ordinance No.
12, Series of 2010, on first reading.
8. ITEM /TOPIC: Resolution No. 16, Series of 2010 a resolution prohibiting
Medical Marijuana Centers, Infused Product Manufactures and Optional
Premises Cultivation Operations. (10 min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 16, Series of 2010.
BACKGROUND: At the January 19, 2010 meeting, Town Council
( "Council ") approved a 180 -day moratorium on businesses that sell medical
marijuana. The moratorium was put in place while the State Legislature
determined how to regulate the industry from a statewide perspective. The
Towns moratorium expires on July 18, 2010. House Bill 10 -1284 was
recently passed by the General Assembly and signed by the Govenor
creating a state medical marijuana licensing authority under a model
generally similar to the state liquor authority. It allows for local regulation of
Medical Marijuana Centers (commonly referred to as dispensaries), Infused
Product Manufacturers and Optional Premises Cultivation Operations. On
June 1, 2010, the Council directed staff to return with legislation prohibiting
Medical Marijuana Centers, Infused Product Manufacturers and Optional
Premises Cultivation Operations within the Town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 16,
Series of 2010.
9. ITEM /TOPIC: Adjournment (9:00 p.m.).
7i6i2010
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Granby, TRC
PO Box 29
Granby, CO 80446
R?CArAM UM $1010AM{MArrA"WIM 970. 887.0104
BID PROPOSAL Fax 970.887
Date: 6126/2010 TIN # 37- 1660592
Contractor: Bold Solutions Address: 995 Red Standstone
Vail, Co
� Project , Red Sandstone Condominiums Contact: Michelle Rampelt
970 -393 -6077
RMSF may modify after walk-thru michellerpbjIgogluti
Estimate good for 30 Days - ::;Terms'::'?:::
sit, balance upon completion
Attic Spaces: Per Unit
Spray 3" Closed Cell Spray foam at att knee walls with adjacent living space (R -21)
Spray Closed Cell Spray foam over Interior walls, heel and penetrations to stop air leakage
Blow 10" (R -21) over existing R -30 fiberglass bait Insulation
Extend aombustlon air ducts from ait/c spaces and terminate through roof
on 4.0 AB has a blown In Insulatio ». Cost to airseal �,9 AD .
Unit .0 Al pn m attics VC . ;
I Shed roofs and roofs over garages do not have access: Attic access to be made by others
Crawispace: Per Unit '
Remove existing fiberglass batt Insulation at exterior walls
Spray 3" Closed Cell Spray foam to exterior concrete wall and rim joist (R -21)
Install Cleenspace 20 MY poly liner all seams and penetrations sealed
Install a smart pump sump pump piped to outside with alarm
Cost :$,740.00 .
Unit # A2 and Big do n9tharra.cw/spac�s.. NC
Unit # Al and 88 hays.erawlfpaees twke.tlhe.area of others Cost - " 55,380.00 chi
Total Cost All 18 Units $85,070.00
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Included: Preparation /Protection
* Contractor must Install ventilatorlair exchange. system - ERV /HRV System '
Project must meet OSHA standards re.. Pail protection
For Spray Foam Application. from topelde.CAntregW. sheath immediately upQninsulaliat trlstedlation .
- Vu ' Contractor to provide 110v/20amp power.
Contractorlowner is responsible.for roof venting details. We will spray per manufacturefs epeclfications
* Contractor /owner is responsible for Installing a thermal barrier In attic storage areas and u ftflrdshed spaces
' House required to be heated (40.degrees) prior to spraying - RMSF supplied at $150_ per day p lease initial.
Due to chemical nature of the spray, contractor must keep all other trades from spraying arose .
' Project must be clean and floor area clear prior to our arrival.
* There will be a $500 tee if house is not ready upon arrival - We require a 24 hour notice for dale chwW
Date Sigl3ature
15. Pre - Completion Loss or Damage If there its such substantial loss or
damage to the Property so as to make the Property uninkmEtable as of Closing, the
Closing may be extended by the Seller by written notice w the Buyer and Bank within ten
(10) days after being notified or learning of such loss ormtanuge. Seller shall receive and
hold as additional Construction Funds all insurance or otkim proceeds payable with respect
to such loss or damage, and Seller shall restore such loss ®r damage pursuant to the
original Plans, including Upgrades and Options. In the exam of any loss or damage to the
Property which does not make the Property uninhabitablem of Closing, the Buyer shall
accept and receive the Residence in accordance with Sec&ns 13 and 14 above. The
insurance or other proceeds, if any, payable with respect W such loss or damage shall be
the property of the Seller, and the Seller shall restore sunk dDss or damage.
16. Warranties and Disclaimers For a period , �d one (1) year from the
Closing, the Seller guarantees all workmanship and matenL aincorporated into the
construction and installation of the Residence and will, at =cost to the Buyer, repair or
replace any portion of the Property which is defective as tko materials or workmanship, eXCa14cl i v l
eX}e_ri or popping nails resulting from normal settling, normal hairline cracks, cracks in concrete,
spalling of concrete due to the application of salts or deici* agents, weathering of paint
and stain, and normal wear and tear. Seller's liability fora deficiencies in any part of the l l r
Subdivision is expressly limited to the repairs or replacenims of the original construction
according to the Plans. In no event shall Partain or the.Sellerbe responsible for any
consequential damages arising as a result of any deficiency finom any element altered by the
Buyer if the Buyer adds to, deletes from, or changes the Rmidence. In no event shall the
Seller be responsible for any consequential damages arising m a result of any deficiency.
Seller's warranty excludes damage or defect caused by abets, modifications not designed
by Reed or Reed or executed by Vannice, improper or inswfl>:icient maintenance, improper
operation and normal wear and tear under normal usage.
Seller shall transfer and assign to the Buyer at Claiiing any and all manufacturers'
or dealers' warranties and any product warranties applicablt to the Residence. such as roof,
windows, insulating glass, appliances, equipment, furnace, hmt water heater, and any other
consumer product (as that term may be defined under applicable federal laws) which may
be contained in the Residence, but Seller neither makes aw adopts any warranty of
any nature as being a warranty from the Seller regardiingsuch items.
EXCEPT AS SET FORTH IN THIS SECTION, THE BUYER ACKNOWLEDGES
THAT THE SELLER HAS NOT MADE, AND THE BUYER d NOT RELYING UPON, ANY
REPRESENTATIONS OR WARRANTIES OF ANY TYPE OYBIND WHATSOEVER,
EXPRESS OR IMPLIED, WITH REGARD TO THE PROPHrFY OR THE COMMON
ELEMENTS. _ THE BUYER SPECIFICALLY WAIVES ANY IMPLIED WARRANTIES IN
CONNECTION THEREWITH EXCEPT THE WARRANTY Or WORKMANLIKE
CONSTRUCTION AND HABITABILITY WHICH WARRANIFY IS EXPRESSLY NOT
WAIVED.
'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: Town Manager's Report.
a. Revenue Update.
b. Summer Parking Update.
c. Timber Ridge Update.
d. Bio -Fuels Plant Update.
PRESENTER(S): Stan Zemler
ATTACHMENTS:
07.06. 10 Revenue Highlights
Summer Parking Memo
7/6(2010
TOWN OF VAIL
REVENUE HIGHLIGHTS
June 30, 2010
Sales Tax
Upon receipt of all sales tax returns for the month of May, collections for the
month are expected to be $412,148, down 18.9% from budget and 20.2% from
last year. Year -to -date sales tax collections are expected to be up 0.62% from
budget and down 0.95% from last year. Inflation as measured by the consumer
price index was up 2.0% in May compared with May 2009.
Construction Permit Fee Revenue
Construction permit revenue through June 30 totals $309,198 including $125,900
from major redevelopment projects compared with $241,241 from major projects
at this time last year. Revenue from non -major projects is up 14% from 2009 due
to a number of additions and remodels. The 2010 budget for construction permit
fees is $425,000 with year -to -date revenue about $100,000 higher than expected
for the first half of the year.
Use Tax
Use tax collections as of June 30, 2010 total $574,843 compared with $220,084
at this time last year and $264,000 budgeted. Major redevelopment projects
including First Chair, Lodge Tower, and Ramshorn contributed $265,409 or 46%
of the total. Several remodel projects including additions to units at Vail Village
Inn and Vail Mountain Lodge and remodels at Millrace Condos, the Antlers, and
Vail Point also paid use tax in 2010. No comparable activity occurred in the first
half of last year. Year -to -date use tax collections have already exceeded the full -
year budget of $500,000, which will be reflected by an increase of $100,000 in
tonight's budget ordinance.
Real Estate Transfer Tax (RETT)
RETT collections through June 29, 2010 total $2,895,326, compared with
$1,574,000 budgeted and $1,135,900 at this time last year. Approximately
$1,506,653 of the 2010 RETT collected is from major redevelopment projects
including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage,
Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Solaris, and
Vail Plaza Hotel. Collections not related to major redevelopment projects total
$1,388,673 compared with $591,231 through June of 2009. The full -year budget
for RETT is $4,283,000 and we have collected 69% of that budget through the
end of June.
Summary
Across all funds and revenue accounts through May 31, 2010, total revenue of
$26.3 million is up 8.6% year -to -date from this time last year and up 8.4% from
the budget.
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TOWN OF WAIL MEMORANDUM
To: Vail Town Council
From: Stan Zemler
Mike Rose
Dwight Henninger
Subject: Summer Parking
At the June 1, 2010 Council Meeting several questions were asked concerning
how parking is managed in the summer. Provided in this document is an outline
of three types of events and their parking impacts along with current parking
management practices.
If Council would like to change how summer event parking is currently managed
staff will return at the next meeting with policy changes and their potential
implications as well as an opportunity for public comment.
Current summer parking scenarios.
The goal is to:
• Maximize the guest attendance at an event and maximize their
experience.
• Minimize the distance an attendee must travel to an event.
• Provide adequate transportation to and from the event.
• Ensure that parking and the pedestrian experience are done in the safe's
manner possible.
New Trends:
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• With the second year of the gates being down in the structures we have a
much better idea of how many cars are arriving and the number of spaces
that are available.
• Both structures now fill at a close to equal rate during the day.
Types of Parking:
Event A
• Both Villages have activities and /or visitor volume to the town will surely fill
both structures, 4 of July is an example or a busy skier /rider day.
• A winter style filling procedure, fill both structures first, then go to the
Frontage Road for a parking emergency.
• Buses will service temporary stops East of Ford Park as traffic demands.
Event B
• Any event at Ford Park.
• Fill paid parking at Ford Park and Soccer field first.
• Fill Village parking structure, then park on Frontage Road West of Blue
Cow Chute.
• In town shuttle is extended to the soccer field for transportation to and
from the event.
Event C
• An event that is specific to either the Village, Lionshead, Cascade, Red
Sandstone School or Vail Mountain School. The Farmers Market or an
NSSA event at the Cascade are examples.
• When the closest parking structure to the event is full, then go to the
Frontage Road
• In Town Shuttle will still service areas but is re- routed to portions of the
Frontage Road, as dictated by the event.
7i6i2010
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: Consent Agenda.
a. Approval of 06.01.10 & 06.15.10 Town Council Minutes.
ATTACHMENTS:
06.01.10 Minutes
06.15. 10 Minutes
7/6(2010
Vail Town Council Meeting Minutes
Tuesday, June 1, 2010
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
Kim Newbury
Kerry Donovan
Susie Tjoseem
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Hidden Gems Wilderness proposal Susie Kincaide provided and update on the proposed
legislation.
The second item on the agenda was a Vail Youth Recognition Award Presentation.
Vail Valley Exchange board members Scott O'Connell and Kim Newbury announced
the 2010 Youth recognition winners. Those were Riley Ebel of Vail Mountain School
and Valeria Rivero of Battle Mountain High School. Each received a $1,000 college
scholarship. Youth recognition winners were selected based upon academic excellence;
involvement in athletics, civic activities, fine or the performing arts; and how they
exemplify ideals that set standards for other students in all facets of their lives.
The third item on the agenda was the Town Manager's Report.
a. Revenue Update
Finance Director Judy Camp announced that upon receipt of all sales tax returns
for the month of April, collections for the month are expected to be $1,150,981,
down 5.4% from budget and 6.8% from last year. This follows a favorable
March, which staff believes was influenced by guests in town the last week in
March for the Easter holiday on April 4th. Combined results for the two months
are $3.8 million in collections and compare favorably with both budget (up 3.9 %)
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and last year (up 2.3 %). Year -to -date sales tax collections are expected to be up
1.7% from budget and flat with last year. Inflation as measured by the consumer
price index was up 2.2% in April compared with April 2009. Lift tax collections
through April of $2,570,856 are up 5.8% from last year. Ski season lift tax
revenue is $3,160,255, up 2.4% from last season. The 2010 annual budget
totals $3,115,000, an increase of 2.2% over full -year 2009. Parking revenue of
$3.5 million for the first four months of the 2010, is down slightly from the some
period in 2009. Ski season revenue of $4.9 million is down 7 % from the
2008/2009 season. The full -year budget for 2010 is $5.4 million, an increase of
9.2% over full -year 2009. If no changes are made to the parking program for
winter 2010/2011, a shortfall of approximately $0.5 million versus budget can be
anticipated. Construction permit revenue through May 26 totals $235,786
including $125,900 from major redevelopment projects compared with $170,120
from major projects at this time last year. Revenue from non -major projects is up
16% from 2009, due to a number of additions and remodels. The 2010 budget
for construction permit fees is $425,000 with year -to -date revenue about $76,000
higher than expected for the first five months of the year. Use tax collections as
of May 26, 2010, total $442,108 compared with $100,604 at this time last year
and $114,000 budgeted. Major redevelopment projects including First Chair,
Lodge Tower, and Ramshorn contributed $265,409 or 60% of the total. Several
remodel projects including additions to units at Vail Village Inn and Vail Mountain
Lodge and remodels at Millrace Condos, the Antlers, and Vail Point also paid use
tax in 2010. No comparable activity occurred in the first four months last year.
Year -to -date use tax collections are already 88% of the full -year budget of
$500,000. RETT collections through May 26, 2010 total $2,068,142, compared
with $1,414,000 budgeted and $854,465 at this time last year. Approximately
$920,277 of the 2010, RETT collected is from major redevelopment projects
including Arrabelle, Chalets at the Lodge at Vail, Founders' Park Garage,
Landmark, Lions Square Lodge North, Manor Vail, Mountain View, Solaris, and
Vail Plaza Hotel. Collections not related to major redevelopment projects total
$1,147,863 compared with $469,296 through May of 2009. The full -year budget
for RETT is $4,283,000 and we have collected almost half the budget through the
end of May. Across all funds and revenue accounts through April 30, 2010, total
revenue of $21.9 million is up 6.9% year -to -date from this time last year and up
4.7% from the budget.
b. Construction Update
The fourth item on the agenda was the Consent Agenda.
a. Approval of 05.04. 10 & 05.18. 10 Town Council Minutes
Foley moved to approve the consent agenda with a minor amendment suggested by
Donovan with Tjossem seconding. The motion passed unanimously, 6 -0. Daly
abstained as he did not attend one of the meetings.
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The fifth item on the agenda presented the 2009 audited financial statement.
Michael Jenkins of McMahan and Associates, LLC announced that in accordance with
section 9.11 of the Vail Town Charter, an independent audit shall be made of all town
accounts at least annually. The audit is to be conducted by certified public accountants
and copies made available for public inspection at the municipal building. "Financial
results positions are positive for the Town of Vail, Vail Local Marketing District (VLMD),
Timber Ridge and Vail Reinvestment Authority (VRA) ... 2009 was a challenging year
although the town weathered it well." The town received a clean, qualified opinion with
no limiting comments.
The sixth item on the agenda was the Results of the 2010 Town of Vail Community
Survey.
RRC Associates representative Chris Cares and Public Information Officer Suzanne
Silverthorn reported that during the spring of 2010 the Town of Vail conducted a
community survey similar to efforts conducted in the past. It consisted of questionnaires
completed by full- and part -time town residents, property owners and business owners to
evaluate opinions on a variety of issues. Using survey techniques that permit
comparisons to past research, the town employed a combination of Web and mail -based
surveys to gather opinions from the community. The purpose of the surveys was to
evaluate respondents' level of satisfaction with respect to a full range of services and to
gather opinions on selected issues currently facing the town. Similar questions have
been posed to Vail part -time and year -round residents on a periodic basis since 1987.
The 2010 survey was designed to permit comparisons to past results, as well as to
provide new insights on a variety of topics of current interest. It was reported that the
overall tenor of the results was very positive and they are posted on the town's web site.
There was over 100 pages of extensive open -ended comments. Rogers expressed
concern over a drop in parking structure cleanliness and booth attendant courtesy.
Donovan noted the public comments were very insightful. During a pause for public
comment, Vail Homeowner's representative Jim Lamont said he believed the internet
based survey was more user friendly to the community. "One of the problems with this
survey process is it reaches such a narrow band of the community... The next time we
do this we should try to weave in guest response."
The seventh item on the agenda was Strategy for addressing Town of Vail parking
deficit.
Public Works Director Greg Hall asked Council to review the material presented and
provide direction on the recommended strategy and next steps to address additional
parking in Vail. Overflow parking has always occurred in Vail; however, the last ten years
this overflow parking has been at levels above the town's goal of 15 days per ski season.
The Town Council has adopted priorities to address the parking problem as well as
enhance the guest experience. The town staff has provided over the last year, locations
of all public spaces (supply) and the use of these spaces (demand). Various parking
solutions have been presented that included both structured parking as well as surface
parking at Ford Park, plus additions to the LionsHead Parking Structure, and
improvements to both the north and south Frontage Roads. Staff analyzed the various
parking solutions and determined a recommended solution and next steps necessary to
proceed in providing a parking solution. Hall explained the recommendation would be to
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incrementally add surface parking at Ford Park and the adjacent Frontage Road and
make improvements to the North Frontage Road in West Vail and adjacent to Middle
Creek. This recommendation comes with some challenges, and to further refine the
solution, a set of next steps have been outlined to proceed forward. The town currently
manages over 4,000 parking spaces. There are around 600 private spaces. He then
explained that Frontage Road parking occurred 21 time this past winter. "When people
are parked on the Frontage Road, the town feels full and that begins to impact guest
experience." Rogers and Tjossem asked if the Vail Village structure could be expanded.
Hall explained there were many functional issues that would prevent expansion.
Donovan said she did not care for Frontage Road parking as it did not provide a world
class experience. Foley said he believed 2009 -2010 was a "transition" year as the town
provided better utilization of existing spaces which impacted demand for structure
parking. Cleveland also said the town was doing a better job of managing existing
spaces. Newbury asked why estimates to build new parking spaces varied so widely.
Hall said it was primarily due to the amount of improvements that would be required to
accommodate parking. Newbury then said Vail Resorts should partner with the town in
trying to solve the skier parking issue. Town Manager Stan Zemler said he would like
the Council Members to meet with the Colorado Department of Transportation (CDOT)
in regard to Frontage Road parking so they could have a better feel of the state's stance
on the issue. "Council needs to hear the message that is being sent to staff." Cleveland
emphasized the town must maintain a free component of parking within the town.
Zemler said he would return with refined recommendations.
The eighth item on the agenda was a request to proceed through the development
review process with a proposal to construct private improvements on the Town of Vail
owned Eaton Plaza a Part of Lot C, Block 5C, Vail Village Filing 1, generally located
adjacent to the Hong Kong Cafe Building at 250 Gore Creek Drive.
The applicant, TJ Brink (Four Seasons representative) requested permission to proceed
through the development review process with a proposal to construct a new entry stair
and ramp on the south side of the Hong Kong Cafe Building. The proposed ramp will
create a more accessible entrance to the building at the plaza level to facilitate the
operation of the Four Season's ski concierge service approved in this location by the
Town Council on July 21, 2009. The applicant cannot proceed with a development
application without first obtaining the Town Council's authorization for the proposed
construction on the town owned parcel. Daly noted the town must use caution when
approving improvements to town owned property. Rogersexpressed concern the
ramping would not be ADA compliant and it would remove open space. Cleveland said
the project had no positive impacts to the town. "I think it would create a dangerous
condition." Brink said the current stairs are in a horrible condition. "We are trying to
figure out how to get the guest service to function the way it should." The request died
for lack of a motion.
The ninth item on the agenda is the Memorandum discussing the Town of Vail Council's
options concerning regulation of medical marijuana centers, infused product
manufacturers and optional premises cultivation operations.
Community Development Director George Ruther asked Council to provide direction on
how to proceed with the regulation of Medical Marijuana Dispensaries (MMD), Infused
Product Manufacturers and Optional Premises Cultivation Operations. In November
2000, Coloradans passed Amendment 20, legalizing the use of medical marijuana. As a
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result, Medical Marijuana Dispensaries MMDs are currently operating statewide in many
municipalities. Until recently, the State had deferred to local jurisdictions the authority to
regulate MMDs, typically through business licensing, nuisance and zoning regulations.
On January 19, 2010, Council imposed a temporary moratorium of one hundred eighty
(180) days on the processing of any application for an MMD within the Town of Vail. This
moratorium expires on July 18, 2010. Now, with House Bill 10 -1284 likely becoming
state law very soon, local jurisdictions will be permitted to either regulate or simply
prohibit MMDs, Infused Product Manufacturers and Optional Premises Cultivation
Operations. Rogers spoke in support allowing MMDs as she had witnessed an upscale
MMD in the Cherry Creek area. "It can be done tastefully." Foley moved to direct staff
to pursue prohibiting MMD's with Daly seconding. The motion passed 6 -1, with Rogers
opposed.
The tenth item on the agenda was a Discussion /recommendation for approval of
Guaranteed Maximum Price (GMP) based on 100% Construction Documents for the
West Vail Fire Station.
Adam Williams - ARC Integrated Program Management and Fire Chief Mark Miller
asked for approval to award the construction contract for the West Vail Fire station to
Drahota Commercial LLC, at a GMP not to exceed $4,264,280. Council expressed
concern about increased costs related to furniture, fixtures, and equipment in the fire
station. Daly commented, "So you are telling us you can come back in two weeks and
it's not going to impact the project." Miller answered by saying yes. Foley moved to
table the item until June 15 with Daly seconding. The motion passed unanimously, 7 -0.
The eleventh item on the agenda was Adjournment.
Foley moved to adjourn with Donovan seconding at approximately 10:17 p.m.
The motion passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
5
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Vail Town Council Meeting Minutes
Tuesday, June 15, 2010
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
Kim Newbury
Kerry Donovan
Susie Tjoseem
Margaret Rogers
Andy Daly
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Dan Frederick asked Council to remove the deed restriction on his home located
on Basingdale lane.
Local restaurateur Bill Suarez expressed concern that the Commission on
Special Events (CSE) allocated funds to Vail Village on an unequal footing with
LionsHead Village.
The second item on the agenda was the Town Manager's Report.
a. Spring Flooding Update.
Town Engineer Tom Kassmel reported recent stream flows hit the 100 year
volumes. During the event the Town of Vail spent significant amounts of man
hours protecting private and public property. Finance Director Judy Camp
clarified the town maintained slightly over $1 million that is TABOR exempt for
emergency purposes. Tjossem said Town of Vail staff should be highly
commended for their effective response to the flooding emergency.
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The third item on the agenda was a presentation of the Ever Vail fiscal and
economic impact analysis report.
Andy Knudtsen and Brian Duffany with EPS asked Council to listen to the
presentation, ask questions, and provide feedback on the contents of the report.
Pursuant to Section 12- 71 -713, Submittal Items Required, Vail Town Code, and
the scope and potential economic and fiscal impacts of the proposed Ever Vail
development, the Town of Vail commissioned an analysis by EPS to evaluate the
impacts in terms of revenue generation and the costs to provide municipal
services. Duffany commented, "Primary impacts will affect the public works, fire
and police departments." He then made clear that retail development does not
generate sales by itself. Rogers clarified a branded residence is a wholly owned
condominium that has access to front desk services. It is anticipated that 85% of
those residences would be included in the rental pool. The proposed four star
hotel would be anticipated to maintain a 60% occupancy rate. Conservative
estimates assume 75 — 80% of visitor expenditures will be captured within the
town. A ten year build out for the proposal is estimated. Duffany continued,
"The project should be $840,000 - $960,000 advantageous to the general
fund... Town staff has indicated there may be increases to police and fire... We do
not see the project as having a negative fiscal impact on the town." It was noted
transit impacts had not yet been completed. Knudtsen commented, "The warmth
of the bed is directly related to the vitality of the community... You want to make
sure collectively that the connectivity of public and private areas are accessed
seamlessly... Investment on the part of the developer will create a 90% set of
new guests... It (the project) will introduce new visitors to the new market." Daly
asked, "What is incremental and what is cannibalization... What we are being
asked to do is approve the most major new project since LionsHead in 1968."
Daly also questioned the redistribution of parking. "How does that impact sales
tax and other revenue sources in other parts of the Village... How much
commercial space can the Town of Vail support." Rogers clarified Vail Resorts
continued to develop an appropriate phasing plan. Cleveland asked if the
development were enough to cover the review costs that would be incurred by
the Community Development department. "It's my recollection that our fees don't
cover our own costs." Town Attorney Matt Mire verified a public service plan has
not been formally reviewed or received. Zemler noted, "It appears your positive
numbers are based on the fact that your service plan covers all the services that
will be provided in that district." Council expressed concern there would not be
ski down access to the project. During a pause for public comment, Vail
Homeowner's Association representative Jim Lamont asked for a working public
session to delve into the financial estimates. Local shop owner Tommy Neyens
said he felt like the project was already on its way to approval. He then
expressed concern that retail cannibalization would occur. Tjossem asked if
visitor patterns showed significant cross Village (i.e. Cascade to Golden Peak)
movement.
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The fourth item on the agenda was a review of the Guaranteed Maximum Price
(GMP) for construction costs for the West Vail Fire Station, including cost
increases and detailed budget information on specific items per request of
Council.
Adam Williams (ARC Program Management) and Fire Chief Mark Miller asked
Council to review detailed budget /return on investment information presented by
the consultant and staff and approve a final Guaranteed Maximum Price (GMP)
for construction for the West Vail Fire Station. The final GMP was presented to
Council on June 1, 2010 with specific changes in scope and associated cost
impacts. Council requested that additional analysis be completed on six of the
items presented to confirm return on investment and why each change would be
good value for the town. Current total budget as of the June 15 ", including all
applicable soft costs, contingencies and other anticipated costs was projected at
$5,137,566. Water /sewer tap fees (not included) and water line costs are being
negotiated with Eagle River Water and Sanitation District. Miller noted, "I take
this very seriously and we are scrutinizing every dollar... This is an every day
thing... There has been a ton of due diligence here." William's verified the
difference in bids submitted by local and non -local contractors was at times more
than 20 %. Mire clarified the town could negotiate with local sub - contractors.
Daly had questions regarding the roof warranty and subsequent to the meeting
Miller clarified that the roof has a 35 year warranty and the Bylin heat panels
have a 30 year warranty. Cleveland clarified there was a three percent
construction contingency and $80,000 with the contractor. Foley moved to award
the contract with Rogers seconding. Daly said he was not willing to pay a
substantial premium for local contractors. Miller clarified the town received a
grant to hire three firefighters. While discussing the necessity of stainless steel
counter tops, Miller explained they provided for the most hygienic option
possible, and they have a 100 year life expectancy. Other increases (other than
change of scope increases) showed a good return on investment and good long
term value for the Town of Vail. The motion passed 4 -3, with Tjossem, Donovan
and Daly opposed, approving the GMP for construction of the station at
$4,225,635.
The fifth item was an appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town
Code, of the Town of Vail Planning and Environmental Commission's approval,
with a condition, of a request for a conditional use permit, pursuant to Section 12-
6D-3, Conditional Uses, Vail Town Code, to allow for a Bed and Breakfast,
located at 765 Forest Road, Unit A/Lot 8, Block 2, Vail Village Filing 6.
The Town Council shall uphold, uphold with modifications, or overturn the PEC's
April 26, 2010 decision. On April 26, 2010, the Planning and Environmental
Commission approved the Applicant's request for a conditional use permit to
allow for a bed and breakfast at 765 Forest Road by a vote of 5 -0 -1 (Pierce
recused) with the condition that the permit expire on April 26, 2012
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Planner Bill Gibson reported that on May 14, 2010, the appellants, Cliff and
Bonne Illig represented by Sarah Baker PC, filed an appeal of the PEC's April 26,
2010, decision. Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town
Council shall hear appeals of the PEC's decisions. Baker commented, "My client
cares about the character of the neighborhood... By its very nature it is changing
the character of what Forest Road has been... We are challenging the
subjective... does this fit the character of the neighborhood... One of the adjoining
land owners was not properly noticed... The parking requirements are unable to
be met... People are going to park wherever there is room... Transient guests will
not understand how to responsibly manage the situation." Adams spoke in
support of the decision and said previous DRB requirements had diminished the
available parking. Rogers moved to uphold the PEC approval with Newbury
seconding. Foley clarified the PEC decision was only a two year approval. The
motion passed unanimously, 7 -0.
The sixth item on the agenda was the LionsHead Transit Center Welcome
Center (Auxilary Bldg).
Town Engineer Tom Kassmel reported that in May 2010 the LionsHead Center
Design Team presented the Design Development level plans for Phase I
construction and a preliminary program plan for the LionsHead Transit Welcome
Center. Phase I has moved into the construction document phase and is
scheduled to be bid and start construction this year. Phase II, the Transit
Welcome Center, has been updated to reflect the comments heard at the May
Council session, which includes opportunities to expand guest service functions,
ski lockers, great room, and flexible exhibition space. Council agreed the project
should be a more welcoming place that links the parking structure to LionsHead
Village and Vail Mountain. Zemler said Council should be cautious as the
property has a deed restriction on it held by Vail Resorts. The uses being
contemplated by Council extend beyond the allowed public uses for the property
which are transit and parking. Zemler said the town staff would find out whether
the town needs Vail Resorts approval to move forward with the project.
The seventh item on the agenda was Resolution No. 15, Series of 2010 a
Resolution Approving an Intergovernmental Agreement between the Town of Vail
and Eagle County Regarding the Use of Eagle County's 800 MHz Area Wide
SmartzoneTrunked Radio Services.
Police Chief Dwight Henninger announced Eagle County has installed and
maintained an 800 MHz radio system and is offering non - exclusive access of the
radio system. The system will allow multi - jurisdictional agencies exclusively to
communicate directly with public safety organizations, including but not limited to
police activity, code enforcement, fire and emergency and disaster response.
This Intergovernmental Agreement formalizes the existing process and gives
authorization for a newly formed executive committee to make budget
recommendations to the Board of County Commissioners. Newbury moved to
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approve the resolution with Daly seconding. The motion passed 6 -1, with Foley
opposed.
The eighth item on the agenda was Resolution No. 18, Series of 2010, A
Resolution Approving an Intergovernmental Agreement between the Town of Vail
and Eagle River Water and Sanitation District ( ERWSD) Regarding the 2010 Mill
Creek Circle Utility Improvements.
Town Engineer Tom Kassmel reported the town and ERWSD have budgeted for
a joint reconstruction project along Mill Creek Circle. The project was publicly bid
and five bids were received, ranging between $1.13 and $1.30 million. Ewing
Trucking and Construction was the lowest responsible bid at $1.13 million.
ERWSD will be administering and entering into a contract with Ewing to complete
the project. The town will reimburse ERWSD for the town's portions as delineated
in the IGA. The project has $1.1 million budgeted, of which staff expects to need
$300,000 to complete the town's portion of the work, thus providing significant
savings due to cost sharing and taking advantage of excellent construction
pricing. Newbury moved to approve the resolution with Tjossem seconding. The
motion passed unanimously, 7 -0.
The ninth item on the agenda was Adjournment.
Newbury moved to adjourn the meeting at approximately 9:35 p.m. with Foley
seconding. The motion passed unanimously, 7 -0.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
5
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3 -2 -5
T VAIL
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: Resolution No. 19, Series of 2010, A Resolution Opposing Proposition 101 and
Amendments 60 and 61.
PRESENTER(S): Judy Camp
ACTION REQUESTED OF COUNCIL: Approve, amend, or deny Resolution No. 19, Series of
2010. Direct staff regarding additional actions to take in anticipation of Proposition 101 and
Amendments 60 and 61 as ourlined in the attached memo.
BACKGROUND: On May 4, 2010, Dee Wisor, Esq., of Sherman and Howard presented
information regarding three initiatives which will be on the statewide ballot in November. The
attached memo provides further information and analysis of how each of the initiatives, if
passed, will reduce the town's revenue and limit its ability to issue debt.
STAFF RECOMMENDATION: Approve, amend, or deny Resolution No. 19, Series of 2010.
ATTACHMENTS:
100706 Ballot Initiatives
100706 Voter Initiative
Resolution No. 19, Series of 2010
7i6i2010
MEMORANDUM
To: Town Council
From: Stan Zemler, Matt Mire, Judy Camp
Date: July 1, 2010
Subject: Colorado Ballot Issues
Background
On May 4` Dee Wisor, Esq., of Sherman and Howard presented an overview of three
initiatives placed on the November ballot in the state of Colorado. As we move into the
2011 budget process, it is important to understand the potential impact of these
initiatives on the town's finances and what actions we may be able to take to mitigate
some of the proposed revenue reductions should the initiatives pass.
Summary and Recommendation
The attached model, which was developed by the Colorado Government Finance
Officers' Association, indicates an annual revenue shortfall to the town of over $5 million
by 2013 if all three initiatives pass and the Town takes no action to mitigate the impact of
the legislation. In addition, we estimate a loss of approximately $1.3 million annually
from Vail Reinvestment Authority tax increment financing (TIF) revenue.
Staff has identified two opportunities to mitigate the potential impact of these initiatives.
Additional details are discussed below. First, Amendment 61 requires a reduction of tax
revenue equal to the average debt service on any bond issue when it is fully paid off. A
$2.3 million annual revenue reduction beginning in 2013 could be avoided by defeasing
our outstanding debt in 2010. Staff recommends defeasing all of the town's
outstanding debt in 2010 if Amendment 61 passes.
The second opportunity is to issue debt through the Vail Reinvestment Authority (VRA)
before the end of 2010. Amendment 61 would change the rules for urban renewal
authorities requiring a November vote to incur debt; limiting the term of the debt to ten
years; and requiring a reduction of taxes when the debt is paid off. Amendment 60
would also cut future VRA revenue and bonding capacity by limiting property taxes as
more fully described below. Council has approved the first phase of the LionsHead
Transit Center and is considering plans for the Welcome Center (auxiliary building).
Staff recommends financing the LionsHead Transit Center and Welcome Center
projects in 2010 if Amendment 61 passes.
Staff does not recommend incurring non -VRA debt since there are no capital projects far
enough along in the planning process to require near -term financing. Also, the town's
revenue sources for bond repayment could be significantly reduced by each of the voter
initiatives if they pass in November putting additional stress on the town's ability to repay
the bonds.
Staff does not believe there are any actions we can take to mitigate the $3 million of
revenue reductions related to property taxes, motor vehicle taxes, and sales tax on
communications if the initiatives are passed by the Colorado voters in November. These
reductions are over 10% of the town's General Fund revenue and would require a
commensurate reduction in services to our community and guests. Although the fair
campaign practices act prohibits spending town resources to campaign against the three
voter initiatives, Council is permitted to issue a resolution opposing Proposition 101 and
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Amendments 60 and 61. Staff recommends approval of Resolution No. 19, Series
2010, Opposing Proposition 101 and Amendments 60 and 61.
Proposition 101
— Reduces various motor vehicle fees and taxes
— Reduces fees on telecommunication service
— Reduces state income tax
The direct impact of Proposition 101 to the town is a revenue reduction estimated at
$1,054,500 from the following sources:
Specific Ownership Tax on Motor Vehicles 184,000
Motor Vehicle Registration 25,500
Highway Users' Tax 190,000
Sales Tax on Vehicle Leases and Rentals 50,000
Sales Tax on Telecommunications 345,000
Franchise Fees on Telecommunications 260,000
Total Revenue Impact of Proposition 101 1,054,500
Emergency 911 fees applied to telecommunications are allowed to continue, but only at
the 2009 rates, with no provision for increase in the future. Vail Communications
(Dispatch Services) is supported by approximately $750,000 of E -911 fees annually.
There appears to be no way to mitigate these reductions.
Amendment 60
This amendment limits property taxes. The key provision having an immediate impact
on the town reverses the de- Brucing action taken by Vail electorate in 1992 and causes
a re- calculation of permitted revenue increases back to the effective date of the
Taxpayer Bill of Rights (TABOR) legislation. The estimated impact of this provision is
just over $2.0 million.
The Vail Reinvestment Authority (VRA) would also see a reduction in property tax
revenue. VRA's revenue is dependent upon the mil levies of the various entities,
including the county, school district, and Town of Vail, who impose a property tax within
the LionsHead TIF district. Assuming all entities were required to reduce their mil levies
by the same proportion as the town, VRA's revenue would be reduced by 43% in future
years from approximately $3.0 million to $1.7 million annually.
Amendment 60 also requires enterprises and authorities such as the Vail Recreation
District and Eagle River Water and Sanitation District to pay property taxes. The town
would be required to reduce its property tax collections by an amount equal to what is
paid to it by the VRD and ERW &S. The districts, in turn, would be prevented from
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4 -1 -2
raising their taxes to cover the new costs of property tax payments. In the case of VRD,
this may limit their ability to share with the town on capital expenditures as agreed in the
property lease agreements between the two entities. In the case of ERW &S, the district
may choose to increase fees to offset their new property tax payments. This in turn
would increase the operating costs of the town, Timber Ridge, and the VRD and also
increase costs for residents.
Additional provisions of Amendment 60 make it more difficult to increase property taxes
in the future by requiring November elections to increase property tax and sunsetting
approved tax increases in ten years, among others.
Amendment 61
This amendment limits state and local government debt. One provision with a
quantifiable impact on the town provides that when a borrowing is repaid, rates must
decline in an amount equal to its planned average repayment. We have two sales tax
revenue bond issues outstanding with annual debt service payments of $2.3 million.
Both bond issues will be fully repaid in 2012, requiring an annual reduction of $2.3
million in sales tax revenue beginning in 2013 under the provisions of Amendment 61.
Although we are not permitted to call the bonds to pay them off early, our bond counsel
has identified defeasing the bonds as a method of mitigating the $2.3 million revenue
reduction. Defeasing the bonds involves placing $4.6 million with a trustee, who is then
responsible for making payments to the bondholders as originally scheduled. Costs to
defease the bonds are minimal and we could wait to execute defeasance until after the
election. Staff feels it is important to preserve $2.3 million in annual revenue and
recommends defeasing all outstanding debt if Amendement 61 passes.
Other provisions of Amendment 61 would limit the town's future borrowings and /or
increase borrowing costs. The most significant of these provisions limits the term of any
debt to 10 years, whereas most municipal bonds today are issued for 20 to 30 years.
For example, our current debt service payments of $2.3 million could support a $33.7
million bond issue with a 30 -year term based on current assumptions. If we are limited
to a ten -year term, the same annual debt service would only support only $18.7 million, a
45% reduction.
Similarly, TIF revenue could support up to $26 million of project funding for public
improvements in LionsHead based on current rates for an A -rated issued and a 20 -year
term. If all taxing entities within the TIF district are required to reduce mil levies by the
same 43% as the town and bond terms are limited to 10 years, TIF revenue will support
only $8.5 million in project costs. Furthermore, when the debt is repaid after 10 years,
the town and /or the TIF district would be required to reduce taxes by the amount of the
annual debt service payment thereby removing a source of repayment of new debt.
Another provision of Amendment 61 requires a November vote for all borrowing by local
governments, thereby limiting the some flexibility currently available. For example,
borrowing through certificates of participation (COP's) and lease purchase agreements,
which are collateralized by buildings or equipment, do not currently require a vote.
Proposition 61 would also add a new voter approval requirement for borrowings by
urban renewal authorities including the Vail Reinvestment Authority.
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With the LionsHead Transit Center project approved and the LionsHead Welcome
Center well along in the planning process, staff recommends issuing 20 -year TIF
bonds in 2010 to finance the LionsHead Transit Center and Welcome Center if
Proposition 61 passes. This strategy allows us to take advantage of the 20 -year
remaining life of the TIF District and avoid the requirements to conduct a November
election and to reduce tax revenue after the 10 -year term expires. Some of the bond
documents, including the preliminary offering statement and rating agency information,
will need to be in place before November 3r to be ready to go as soon as the election
results are known. This preparation generally takes a minimum of eight to ten weeks. If
Council agrees with this recommendation, staff will work with our bond consultants,
Piper Jaffray and Sherman and Howard, LLC, and return to Council with more details on
recommended bond structure, estimated costs and a specific timetable.
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PROPOSITION ESTIMATED IMPACT OF
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
PROPOSITION
2009 or 2010 Base
I VEHICLE TAX/FEE: Revenues 2011 2012 2013 2014
Specific ownership taxes decreased in four equal steps to
$2 for new vehicles & $1 per used vehicles
Specific Ownership Revenues (Motor Vehicle Fees
distributed by Counties) $ 190,000 $ 46,000 $ 92,000 $ 138,000 $ 184,000
Number of new vehicles licensed in jurisdiction in 2009, if
known
Number of old vehicles licensed in jurisdiction in 2009, if
known
New calculated SOT after full implementation baseU_on_W o
vehicles $
Estimated total % reduction in SOT collections, default is
971 97.0
Total $ reduction in SOT collections $ 184,300
Annual reduction to phase -in $ 46,075
Remaining amt after phase -in $ 5,700
7/6/2010 Page 1 of 7
4 -2 -1
PROPOSITION ESTIMATED IMPACT OF
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
2009 or 2010 Base
Revenues 2011 2012 2013 2014
All registration, license & title fees combined to $10 yearly
per vehicle
Add'I Motor Vehicle
FASTER Revenues Registration $ 25,500 25,500 25,500 25,500 25,500
Other impacts to HUTF revenue distributions, if known is 190, 190,000 190,000 190,000 190,000
Financial impact is subject to state changes since funding is distributed from the
Highway Users Transportation Fund to local governments. At this point, amount
shown reflects the elimination of all FASTER revenues for local governments.
Elimination of state /local taxes on vehicle rentals and
leases
Sales and use tax - vehicle rental and lease companies is 50,000 50,000 50,000 50,000 50,000
Enter the amount of 2009 sales /use tax (or 2010 estimated revenue) collected
from vehicle rental and lease companies. Sales and use tax collection divisions
should be able to identify the obvious rental companies. It is quite likely the total
impact will be greater due to other rental or lease arrangements that are not
separately identifiable.
7/6/2010 Page 2of7
4 -2 -2
PROPOSITION ESTIMATED IMPACT OF t
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
2009 or 2010 Base
Revenues 2011 2012 2013 2014
Exemption on collection of state /local taxes on first $10,000
of vehicle value.
Sales and Use Taxes - New Vehicle Sales (Remitted by
Counties) 0 0 0 0
Enter Current Sales Tax Rate 3.0000%
2011 Rate on First $10,000 2.2500%
2012 Rate on First $10,000 1.5000%
2013 Rate on First $10,000 0.7500%
7U 77Za — te — on — F1 — rst - T1Tuuu 0.0000%
Purchase Price of New Vehicles, if available $ 15,367
Purchase Price of New Vehicles over $10,000, if available $
Ratio of rice Over $10,000 to Total Purchase Price,
Default 50% 0.0000%
County Treasurer may be able to provide a monthly listing of sales taxes
collected on new car sales. Calculate by individual vehicle the amount of the
purchase price that exceeded $10,000. Enter the totals of total purchase price
and the purchase price exceeding $10,000 above. The formula will use this to
determine the percentage of purchase price that was greater than $10,000 as a
basis for future projection. If purchase price information is not available, the
default rate of 50% will be used.
Total Revenue Reduction - Vehicle Tax/Fee Component $ 311,500 $ 357,500 $ 403,500 $ 449,500
7/6/2010 Page 3of7
4 -2 -3
PROPOSITION ESTIMATED IMPACT OF
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
2009 or 2010 Base
Revenues 2011 2012 2013 2014
TELECOMMUNICATION TAX:
Elimination of sales /use taxes on telecommunication
services
Sales Tax Revenue - telecommunication services
(telephone, cable, cell phone, etc.) $ 345,000 345,000 345,000 345,000 345,000
Enter amount of 2009 sales /use tax (or 2010 estimated revenue) generated by
telecommunication services. Information should be obtained from sales and use
tax collection divisions.
Elimination of franchise fees on telecommunication
services
Franchise fee revenue - telephone and cable Qwest & Cable TV $ 260,000 260,000 260,000 260,000 260,000
Franchise fees may or may not be impacted by Proposition 101. This may
depend in part on how the individual franchise agreements are worded and future
court determinations. This elimination has been contemplated within this
template for your consideration of the potential impact. Use your discretion about
whether to include franchise fees within the calculation.
Total Revenue Reduction- Telecommunication Tax Component 605,000 605,000 605,000 605,000
Total Revenue Reduction Impact of Proposition 101 $ 916,500 $ 962,500 $ 1,008,500 $ 1,054,500
7/6/2010 Page 4 of 7
4 -2 -4
ESTIMATED IMPACT OF PROPOSITION 1 AMENDMENT 1 AND AMENDMENT 61
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
2009 or 2010 Base
Revenues 2011 2012 2013 2014
Prior revenue changes "de- Braced" are no longer in effect
Property tax revenues "de- Bmced" is 2,022,956 2,022,956 2,022,956 2,022,956 2,022,956
Total mill levy in excess of TABOR limits currently being
collected based upon local voter action ( "de- Braced ") 2.011
Assessed Value per Mill $ 1,026,426,880
Budgeted Allowance for Uncollectible Accounts (default
0% ) 0%
County Collection Fees (Percentage) Enter your% 2%
If the entity is partially de- Braced or in the process of de- Brucing over a multi -year
period, this calculation may need to be modified accordingly.
TOTAL REVENUE REDUCTION OF BOTH PROPOSITION
101 AND AMENDMENT .1
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4 -2 -5
PROPOSITION ESTIMATED IMPACT OF
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
10% LIMITATION OF DEBT
Except for enterprises, the borrowing limit total of all borrowings issued will not exceed 10% of the assessed taxable value of the real property in the jurisdiction. This limit is not
just for the amount of bonds. It is a limit that applies to all kinds of debt and borrowing and the 10% limit is of assessed real property. Therefore, it does not include the personal
property portion of assessed valuation (which can be obtained from the abstract of assessment for your entity). The amount of personal property varies widely for each
local government entity.
Total assessed valuation $ 1,071,550,200
Less assessed valuation that is not for real pro $ 2,143,100
Assessed valuation on real property $ 1,069,407,100
10% of assessed value on real property $ 106,940,710
Total amount of all borrowing outstanding at this time do not include enterprises) $ 6,345,000
Difference over (under) maximum 10% limit $ (100,595,710)
REQUIRED REDUCTION OF TAX RATES
Except for enterprise borrowing, when a borrowing is repaid, tax rates must decline in an amount equal to the average of the annual payment that was made to pay off the borrowing.
Therefore, you will need to know both the total amount of borrowings per year and the average annual debt service. This includes all types of borrowings (bonds, tax anticipation
notes, certificates of participation, other short term leases, revenue bonds, or any other type of borrowing no matter the length of time outstanding) that are not tied to a tax that
will end when the debt will be paid off.
2010 Base Year
Outstanding Debt 2011 2012 2013 2014
Total outstanding for the borrowings not paid by a tax that ends when the debt is
paid off $ 4,310,000
Average annual borrowing debt service for the borrowings not paid by a tax that
ends when the debt is paid off $ 2,276,896 $ 2,276,896
Amount that taxes of some type will have to be reduced when the borrowing is
paid off $ 2,276,896 $ 2,276,896 $ - $ -
7/6/2010 Page 6of7
4 -2 -6
PROPOSITION ESTIMATED IMPACT OF
Instructions: Fill in the information highlighted in yellow from your 2009 actual or 2010 budgeted revenues. Many of these amounts will require identification of specific
sections of your sales and use tax collections and property tax projections. Some of this information may not be readily available if you do not collect your own sales and use
tax revenues. Information highlighted in blue may be available from other sources, such as County records. However, if it is not available, the formulas will use a default rati
based upon analysis of actual ratios for the city of Boulder.
DEBT TERM LIMIT OF 10 YEARS
In the following calculator enter the estimated amount you intend to borrow in 2011 and enter your interest rates for a 10 year issue and a 20 year issue, if known. The formulas
in this example use level amortization and default interest rates of 3.45% for a 10 year term and 4.2% for a 20 year term for a AA rated bond. For a more customized calculation,
contact your financial advisor to obtain your specific borrowing rates. While a 10 year term will reduce the total amount of interest paid when compared to a 20 year term, it will also
mean higher cash flows will be needed to make the higher payments. This calculator will help you estimate the potential impact on your budget of these increases in debt (borrow) service
requirements resulting from this decrease in the maturity of the borrowing.
Estimated amount your entity plans to borrow in the coming year
Interest rate over 10 years enter your own or leave blank) 3.45
Interest rate over 20 years enter your own or leave blank) 4.20
Average 10 year debt (borrowing) service, level amortization $
Average 20 year debt (borrowing) service, level amortization $
Average increase in debt (borrowing) service cash flow per year $
This spreadsheet is protected to prevent unintended modification of formulas. However, the sheet is not password protected so users can
deactivate the cell protection as needed. In Excel 2002, protection can be found under the tools menu.
7/6/2010 Page 7 of 7
4 -2 -7
RESOLUTION NO. 19
Series of 2010
A RESOLUTION OPPOSING PROPOSITION 101 AND AMENDMENTS
60 AND 61
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; and
WHEREAS, the members of the Town Council of the Town (the "Council')
have been duly elected and qualified; and
WHEREAS, state voters will have the opportunity at the November 2
statewide general election to protect the fiscal health of local government by
defeating Proposition 101, Amendment 60, and Amendment 61; and
WHEREAS, during this current economic downturn the Town has already
cut budgets, including twelve (12) full -time positions and $3.5 million dollars from
the original 2009 operating budget; and
WHEREAS, these measures individually and collectively significantly
reduce or otherwise restrict both state and local revenues in a number of different
ways including but not limited to: specific ownership taxes, telecommunication
taxes, state income taxes, state - shared revenues to assist municipalities with
local street and transit improvements, other state grants and loans to help local
government, and property taxes; and
WHEREAS, the ability to finance long -term capital improvements like
parking structures, transit centers, recreational projects, fire stations, and other
public facilities are dramatically impaired by the restrictions on debt financing as
proposed by Amendment 61; and
WHEREAS, services and programs in the Town will be limited or curtailed
because of the numerous restrictions and revenue reductions proposed by these
three measures; and
WHEREAS, a number of prominent individuals, newspapers, and
organizations including the Colorado Municipal League are voicing opposition to
these measures as not being in the best interests of Colorado and of local
communities; and
WHEREAS, provisions of state law do allow the Town to put forth this
resolution as a statement of opposition to the measures known as Proposition
101, Amendment 60, and Amendment 61.
Resolution No. 19, Series 2010
7/6/2010
4 -3 -1
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby opposes Proposition 101, Amendment
60, and Amendment 61 and urges our citizens to vote against all three ballot
measures.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the
Town Council of the Town of Vail held this 6 day of July, 2010.
Richard Cleveland,
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 19, Series 2010
7/6/2010
4 -3 -2
F VAIL
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: A request to release an Employee Housing Unit Deed Restriction on Vail
Intermountain - Block 9, Lot 4 also known as 2840 Basingdale Boulevard recorded against the
property.
PRESENTER(S): Dan Frederick (Property Owner) and George Ruther
ACTION REQUESTED OF COUNCIL: The property owner, Mr. Dan Frederick, is requesting
the Town Council authorize the release of the employee housing unit deed restriction recorded
against his property.
BACKGROUND: At the June 15, 2010, Town Council Meeting Mr. Frederick requested Town
Council consider authorizing the release of the employee housing unit deed restriction
recorded against his property. Following the request the Town Council requested the item be
placed on the July 6, 2010 agenda.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council maintain the
employee housing unit deed restriction on the property.
ATTACHMENTS:
Council Memorandum
7i6i2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: July 6, 2010
SUBJECT: Request for the release of a Type I employee housing unit deed
restriction at 2840 Basingdale Boulevard, Lot 4, Block 9, Vail
Intermountain Subdivision
I. PURPOSE
The purpose of this public hearing is to consider the release of a Type I employee
housing unit deed at 2840 Basingdale Boulevard. The applicant making the request,
Mr. Daniel Frederick, is the owner of a single family residence located on the
property. Pursuant to the signed deed restriction, the Town of Vail and Mr. Frederick
are the beneficiaries of the restriction. A request to release a deed restriction must
be reviewed and approved by the Vail Town Council.
II. BACKGROUND
Legal Description: 2840 Basingdale Boulevard
Vail Intermountain — Block 9, Lot 4
Deed Restriction: Type I deed restriction was recorded on September
14, 1995
1,600 square feet are deed restricted — 1,200 sq ft
primary residence and 400 sq ft of GRFA above
the garage
March 1994
• The applicant, Mr. Frederick, submitted a development application and a
variance request to construct a single family residence and a detached, one
story tall, two -car garage on the property located at 2840 Basingdale
Boulevard. The proposed detached, one story tall, two -car garage was to be
located within the required twenty -foot front yard setback with retaining walls
greater than three feet in height.
April 1994
• The Town of Vail Design Review Board granted a separation request allowing
for a detached, one story tall, two -car garage to be constructed at 2840
Basigndale Boulevard. According to the Design Review Action Form on file,
the separation request was granted
"based on the fact that the lot is very steep and separated structures will
reduce site disturbance."
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5 -I -I
April 1994
• Mr. Frederick received approval of a variance request to construct a
detached, one story tall, two -car garage in the required twenty -foot front yard
setback with retaining walls greater than three feet in height. The variance
request was approved in order to reduce the size (height and square footage)
of retaining walls that would otherwise be needed in the front yard setback to
accommodate development on the steeply sloping site.
May 1994
• The Town of Vail Design Review Board approved a development review
application to allow for the construction of a new single family residence and
a detached, one story tall, two -car garage on the property located at 2840
Basingdale Boulevard.
August 1994
• The Town of Vail Design Review Board approved a development review
application allowing for changes to previous approved plans to allow for a two
story tall garage to be constructed in place of the one story tall garage. The
approval carried with it the following condition,
"Applicant may NOT locate GRFA in the front setback w /out a
variance. No floor is allowed. Garage must remain open from
garage slab to roof. "
September 1994
• The property owner submitted a development application requesting a
variance to allow for 400 square of GRFA to be constructed on the second
floor of the garage. According to the request,
"This request will allow for 300 sq.ft. of GRFA to be built in the
front setback with 100 sq.ft. being built behind the front setback. It
is necessary to build the garage with a floor to insure it's structural
integrity." The request for the variance was subsequently denied
by the Town of Vail Planning and Environmental Commission.
October 1994
• The property owner filed an appeal of the Town of Vail Planning and
Environmental Commission action denying the variance request. According
to the written narrative provided by the applicant with the appeal request,
"I am a long time resident of this valley, and one who due to lack
of rental space in Vail, has been forced to move down Valley. As
a concession on my part I am willing to deed restrict all currently
proposed development to Type II employee housing. This would
be a total of 1600 sq. ft. living space along with a 2 car garage. I
understand that this would be, if granted a Conditional Use Permit.
I also understand that all future development will need to reviewed
in a traditional manner."
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5 -I -2
November 1994
• The Vail Town Council overturned Commission's action denying GRFA in the
front setback. As stated in the written narrative provided by the applicant, Mr.
Frederick agreed to place an employee housing unit deed restrict on the
single family residence and the GRFA (bedroom) constructed in the front
setback. The deed restriction was to include a price appreciation cap —
limiting appreciation on the property to 3% per year based upon the value of
the property at that time.
September 1995
• An Employee Housing Unit Deed Restriction was recorded against all GRFA
( +/- 1,600 square feet) constructed on the property on September 14, 1995.
III. RESULTS OF OTHER REQUESTS TO RELEASE DEED RESTRICTIONS
The Vail Town Council has granted the release of employee housing unit deed
restrictions on three previous occasions. The following information summarizes the
circumstances and terms by which other requests where evaluated:
1) Spraddle Creek Estates Subdivision — Lot 12
The owner of Spraddle Creek Estates Lot 12 purchased the property with a deed
restriction recorded against the property. When the property was purchased the
756 square foot employee housing unit had been incorporated into the existing
dwelling unit. The owner came to the Town and requested to find an alternative
method of fulfilling the deed restriction obligation other than reconstruct the
employee housing unit on -site. In May, 2000, the Town allowed the owner to
replace the existing deed restriction with a restriction on a 1,204 square foot unit
with an attached two -car garage. The unit must always be conveyed with
Spraddle Creek Estate Lot 12 as it fulfills the employee housing unit requirement.
An additional option discussed for this property was to remove the restriction and
place the requirement on another lot in Spraddle Creek Estates. This was not
approved as the Town would have one fewer employee housing units in Town
until the vacant lot was built on.
2) Lionsridge Filing 4 — Lot 3, Block 2
In 1995, an employee housing unit deed restriction was recorded against the
property. No GRFA credit was given and the deed restriction was not required
by the Town of Vail, it is unclear why the deed restriction was recorded. It is
possible the then owner, who applied to operate a bed and breakfast at the
property anticipated the need for an employee housing unit to operate the bed
and breakfast. The bed and breakfast was approved by the Planning and
Environmental Commission in October, 1997. This approval was overturned by
the Town Council on appeal and no bed and breakfast ever operated on this
property. The current owner, upon purchasing the home, requested the Town
Council remove the deed restriction as there was no requirement to have the
deed restriction and no additional consideration had been given in exchange for
the deed restriction. The Town Council agreed and the deed restriction was
removed in January, 2002.
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3) Vail Village Filing 1 — Lot A, Block 5B
There were two (355 sq. ft. and 242 sq. ft.) employee housing units in the Bell
Tower Building in Vail Village. The owner of the employee housing units as well
as the adjacent unit were in the process of preparing plans for a remodel of the
unit when it was discovered the existing employee housing units did not comply
with building codes and there were not practical design solutions to bring the
units up to minimum standards. The owners of the employee housing units
proposed and the Town of Vail accepted an offer to release the two existing deed
restrictions and purchase a 1,191 square foot unit in East Vail for $178,700. The
Town of Vail purchased the unit for $178,700 placed a price appreciation capped
deed restriction on the unit and resold it for $178,700.
IV. STAFF RECOMMENDATION
Based upon our review of the property file and the historical background and the
development history on Lot 4, Block 9, Vail Intermountain Development, the
Community Development Department recommends that the Vail Town Council
maintains the employee housing unit deed restriction on the property.
The deed restriction that was placed on the property was a Type I Employee
Housing Unit deed restriction. This type of restriction has been historically used on
properties with non - conforming lot sizes. A Type 11 deed restriction has traditionally
been used on properties with conforming lot sizes where additional density is then
permitted. While the actual restriction recorded against the property is not a Type 11
deed restriction, the existing deed restriction was placed on the property under
nearly identical circumstances and a nearly identical intent. The existing Type I deed
restriction was simply used as the vehicle to carrying out the mutually agreed upon
intent of the both the property owner and the Town.
An option to exchange this employee housing unit deed restriction exists. Pursuant
to Ordinance No 31, Series of 2008, if an owner of a deed restricted employee
housing unit (that does not contain a price appreciation cap) can demonstrate
continued compliance with all zoning regulations the existing deed restriction can be
removed and a new unit at least two times (in this particular instance) the size of the
existing deed restricted unit can be conveyed to the Town of Vail.
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: First reading of Ordinance No. 11, Series of 2010, An Ordinance making
supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Marketing Fund
of the 2010 Budget for the Town of Vail, Colorado; and authorizing the expenditures of said
appropriations as set forth herein; and setting forth details in regard thereto.
Also included are staff recommendations for off -cycle funding requests.
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments the first reading
of Ordinance No. 11, Series of 2010.
BACKGROUND: To be provided in a separate memo.
STAFF RECOMMENDATION: Staff recommends that the Town Council approves or
approves with amendments Ordinance No. 11, Series of 2010, upon first reading.
ATTACHMENTS:
Ord 11 2nd Supp
7/6(2010
MEMORAI DUM
To: Town Council
From: Stan Zemler
Judy Camp
Kathleen Halloran
Date: June 30, 2010
Subject: 2010 Budget Amendment —Ordinance 11
On Tuesday evening, you will be asked to approve the second budget amendment and
supplemental appropriation of 2010 upon first reading. The following information is a summary
of changes proposed in the attached Statements of Revenue, Expenditures, and Changes in Fund
Balances.
Included in this supplemental discussion are five requests for funding outside of the town's
normal budget cycle, or "off -cycle contributions ". The purpose of the mid -year review is to
provide an opportunity for organizations that have newly identified projects or unforeseen
changes to their budgets to come forward all at the same time and for Council to provide
consistent criteria and evaluations. Staff recommendations for these requests are attached on
page 3, with budgetary impacts included below.
General Fund
Revenue has been adjusted by a total increase of $43,885. This includes a projected shortfall of
$500,000 in annual parking revenue, offset by $150,000 of additional county road and bridge tax
collections, $200,000 in construction permits, $100,000 in plan check fees and $50,000 of public
way permits. Due to the results of a sales tax audit, the town has collected an additional $36,000
in sales tax revenue at a cost of $9,248 (for the sales tax audit & recovery group).
Other revenue adjustments are directly offset by expenditures such as $20,830 of expense for a
police officer's participation in a regional drug task force that is directly reimbursed from a
federal grant. Staff has recommended $5,000 of off -cycle contributions for the production of a
Vail's 50 anniversary DVD which will be covered within the Economic Development budget
due to savings in advertising from the cancellation of this year's Vail Guide. A reduction in
occupancy revenue of $13,282 (collected from the Dispatch Fund) is directly offset by a
reduction in expenditures for the dispatch vehicle previously charged to the police department.
The vehicle expense had been included in the occupancy charge and now will be expensed
directly to the Dispatch Services Fund.
There are only two expenditure items not reimbursed or offset by revenue: an increase to
budgeted litigation expenditures of $25,000 relates to ongoing lawsuits, including costs relating to
the use of experts and other legal fees. There may be revenue resulting from a potential
settlement, although the exact outcome is unknown at this time. The second expenditure of
$6,092 relates to additional seasonal staff time, overtime and other incidental expenses caused by
the recent flooding in Vail.
Total adjustments to the General Fund are an increase to revenue of $43,885 and an increase to
expenditures of $47,888
7/6/2010
6 -1 -1
Capital Projects Fund
Several increases to revenue include Construction Use Tax of $100,000, which is based on
current collections at this time. Employee Housing Fee -in -Lieu of $100,000 has already been
collected primarily from the Ramshorn project and a renovation on Meadow Drive. Revenue
from the sale of the Arosa Drive duplex will come in $41,000 higher than budgeted to reflect the
actual purchase price. Ultimately, the Arosa Dr. duplex project was sold for a total of $816,000
with construction costs of $806,039.
Reimbursement revenue directly offset by an increase to expenditures include $33,800 collected
from Solaris and Four Seasons to cover additional streetscape work and $11,300 to continue
Timber Ridge legal and other costs.
Expenditures requested for appropriation include moving funds that were budgeted in later years
such as $2.8 million for the West Vail Fire Station (1/2 the budgeted cost) so that the full amount
of funding is appropriated for 2010, and $500,000 to replace the Library roof. The fire station
construction budget totaling $5.6 million had been split between two years (20 10 and 2011), and
the Library roof had been previously budgeted in 2014 but due to serious leaks occurring this
spring, Council agreed in April to move this project forward to 2010.
Due to savings on the Mill Creek Circle road reconstruction, budgeted project expenditures will
be reduced by a total of $850,000.
New expenditures include $3,440 in temporary capital repairs due to the flood incident, $13,000
to purchase one additional parking ticket dispenser to allow public use of the value pass lot and
$8,020 to complete Arosa Drive (based on Council's approval of the construction contract back in
2009, due to change orders requested and paid for by the new homeowners).
Total adjustments are an increase in revenue of $286,100 and an increase in expenditures of
$2,519,560 (although newly budgeted expenditures only total $69,560).
Real Estate Transfer Tax (RETT) Fund
Revenue will be increased by a total of $20,324, all relating to grants. The revenues include a
$6,000 reimbursement from Eagle County for a USDA grant for staff time in surveying three
counties (Eagle, Pitkin and Garfield) regarding solid waste reduction, a weed control grant of
$8,000 from the Colorado Department of Agriculture and an ECO- Trails grant for $6,324 to
stripe the recreation path from S. Frontage Rd West to Intermountain. The weed control grant
and ECO- Trails grant are directly offset by the same amount of expenditures.
New expenditures requested include $1,636 for the parks staff who assisted in response to the
flood incident and an estimated $95,372 in capital repairs of pedestrian bridges and pathways. As
part of the off -cycle contribution requests, staff is recommending $10,000 be funded from RETT
fund balance for the Betty Ford Alpine Gardens (please refer to page 3 for staff recommendations
on off -cycle contributions).
Dispatch Services Fund
An adjustments to revenue of $3,000 is offset by the same increase to expenditures for this fund,
relating to aircard service for the Avon police department.
7i6/20
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Marketing Fund
This fund accounts for business license fee revenue used for special events. The General Fund
collects a 5% fee for administration of the fund. Staff is projecting a small increase in revenue of
$5,500, and a corresponding increase in fees paid to the General Fund ($500). The fees are
projected slightly higher than the straight 5% as a buffer if revenues exceed this current
projection.
Heavy Equipment Fund
An increase in expenditures totaling $68,428 includes the replacement of two variable message
signs ($32,000) and an upgrade to the budgeted amount for the purchase of two sweepers for the
parking structures ($36,428).
The variable message signs in the parking structures (purchased in 1997) were included in the
2009 budget. Staff delayed the replacement in order to ensure compatibility with CDOT's
systems.
Staff had previously decreased the budget for the two sweepers, with the intent to purchase
smaller models. Upon testing the equipment, it was determined that the smaller sweepers were
not able to handle the volume of dirt and would require many more trips to empty the hoppers and
therefore were significantly less efficient than the larger models previously purchased by the
town.
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6 -1 -3
2010 Off -Cycle Contributions
A. Betty Ford Alpine Gardens
BACKGROUND INFORMATION: The Alpine Gardens is requesting $10,000 after an additional
$90,000 is raised from other funding partners / donors. This fundraising effort stems from an
unexpected "challenge" matching grant from a benefactor in the amount of $100,000. If raised,
these funds would contribute to the Garden's operating expenses during 2010 and 2011.
STAFF RECOMMENDATION: Staff supports this request because the matching grant has created
a new opportunity to help fund the Gardens' operations. In addition, there are serious concerns
with the ongoing viability of this organization and these funds will give the organization some
additional time to develop a sustainable budget.
B. Bravo! Colorado
BACKGROUND INFORMATION: Bravo! Vail Valley Music Festival is requesting a total of $20,000
to help fund two additional concerts this summer. The added events include a June 26 free family
concert starring Yo -Yo -Ma and a July 3r performance entitled "Nothin' but the Blues ".
STAFF RECOMMENDATION: Staff does not recommend funding for the additional concerts, as
the "Nothin' but the Blues" was already a planned performance for the July 4 th weekend, and the
free family concert was an add -on to the June 25th Yo -Yo Ma performance. The town contributed a
total of $157,500 in 2010 to Bravo! programs.
C. Colorado Ski Museum
BACKGROUND INFORMATION: The Ski Museum is requesting $55,000 to apply toward programs
including history education, a speaker series and outreach initiatives.
STAFF RECOMMENDATION: Staff is supportive of the Ski Museum's expanded programs and
the museum's contribution to Vail's cultural and educational experiences. Staff recommends that
the Ski Museum apply for 2011 funding for these programs because the request does not meet the
requirement of "newly identified projects or unforeseen changes to budgets."
D. Summit Films: Vail 50 DVD "In the Spirit of the Founders"
BACKGROUND INFORMATION: Summit Films is requesting $10,000 for 2010 (a total of $30,000
over a three -year period) to be used for the production of a two hour DVD set documenting the first
fifty years of Vail. To date approximately $195,000 has been committed to this project from other
donors, including a $150,000 commitment from Vail Resorts.
STAFF RECOMMENDATION: Staff recommends funding $5,000 at this time based on ' / 2 year
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6 -1 -4
funding for 2010 and a total funding level of $25,000 over the next 2 years @ $10,000 per year
would meet the "Silver" sponsorship level. Because the town cannot commit funds beyond the
current fiscal year, staff requests that Summit Films apply for annual funding for the upcoming
years. This endeavor is the first of several celebrations that the town intends to participate in for
Vail's 50` anniversary and we look forward to the results of this project.
E. Vail Entertainment District (VED)
BACKGROUND INFORMATION: VED is requesting $40,000 for consulting services during the
launch of an entertainment district in Vail. Ultimately, VED would like to place media platforms
throughout Vail and enhance the guest experience with tourist information and promotions. Total
project costs are estimated at $245,000.
STAFF RECOMMENDATION: Staff is supportive of the study of this concept, but believes it is too
early in the process to commit funding. If this group is successful passing the concept through the
planning department, staff would ask that Council consider funding in 2011 during the normal
budget cycle.
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TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
2009 2010
Amended 2009 Variance 2010 1st 2010 2nd Proposed
Budget Actual Fav /(Unfav) Budget Supplemental Amended Supplemental Amended Comments
Revenue
Local Taxes: $ 16,600,000 $ 16,913,338 $ 16,600,000 $ 16,600,000 $ 16,600,000
Sales Tax Split b/t Gen'I Fund & Capital Fund 59141 52/48 61/39
Sales Tax $ 9,760,000 $ 8,760,000 $ (1,000,000) $ 10,126,000 $ 10,126,000 17,624 $ 10,143,624 Sales tax audit proceeds
Property and Ownership 4,293,500 4,506,491 212,991 5,013,647 5,013,647 5,013,647
Ski Lift Tax 3,115,000 3,048,011 (66,989) 3,115,000 3,115,000 3,115,000
Franchise Fees, Penalties, and Other Taxes 1,049,935 944,084 (105,851 ) 1,056,126 1,056,126 18,438 1,074,564 Sales tax audit penalty revenue
Licenses & Permits 1,335,200 1,440,972 105,772 732,200 732,200 350,000 1,082,200 Projected construction fees ($200K), public way
permits $50K Ian check fees $100K
Intergovernmental Revenue 1,581,680 1,611,570 29,890 1,544,000 3,000 1,547,000 170,830 1,717,830 $150K Cty Road& Bridge tax projections;
$20,380 Drug Task Force grant
Transportation Centers 5,459,744 4,975,795 (483,949) 5,432,744 5,432,744 500,000 4,932,744 Projected shortfall through ear -end
$13,282 reduction in occupancy charges to
Charges for Services 686,788 717,653 30,865 724,775 724,775 (13,007) 711,768 Dispatch Services Fund offset by $275
additional fee coll'd from Business Licenses
Fines & Forfeitures 260,000 330,660 70,660 260,000 260,000 260,000
Earnings on Investments 115,000 170,353 55,353 115,000 115,000 115,000
Rental Revenue 906,382 912,091 5,709 882,796 882,796 882,796
Miscellaneous and Project Reimbursements 180,500 1 243,991 63,491 92,800 1 245,000 337,800 337,800
Total Revenue 28,743,729 27,661,671 1,082,058 29,095,088 248,000 29,343,088 43,885 29,386,973
Expenditures
Salaries 13,750,464 13,357,585 392,879 13,530,070 30,000 13,560,070 23,752 13,583,822 $18K Drug task force; $5.6K Flood incident
seasonal staff and overtime costs
Benefits 4,666,547 4,555,786 110,761 4,619,212 4,619,212 2,760 4,621,972 Drug task force
Subtotal Compensation and Benefits 18,417,011 17,913,371 503,640 18,149,282 30,000 18,179,282 26,512 18,205,794
Contributions and Special Events 1,322,125 1,333,890 (11,765) 1,225,025 1,225,025 1,225,025
All Other Operating Expenses 6,304,787 4,892,123 1,412,664 6,206,218 123,000 6,329,218 34,658 6,363,876 $25K litigation; $9.2K Sales tax audit cost
Heavy Equipment Operating Charges 1,940,928 1,929,721 11,207 2,074,812 2,074,812 (7,688) 2,067,124 Reduction for Dispatch vehicle
Heavy Equipment Replacement Charges 678,881 632,271 46,610 677,538 677,538 (5,594) 671,944 Reduction for Dispatch vehicle
Dispatch Services 543,072 539,763 1 3,309 522,213 522,213 522,213
Total Expenditures 29.206.804 27,241,139 1,965,665 28,855,088 153.000 29,008,088 47,888 29,055,976
Revenue Over (Under) Expenditures (463,075) 420,532 883,607 240,000 95,000 335,000 (4,003) 330,997
Transfer to Capital Projects Fund (3,659,000) (90,000) (3,749,000) (3,749,000)
Winter Economic Marketing Campaign
Employee Home Ownership Program (250,000) (250,000) (240,000) (240,000) (240,000)
Total Expenditures 29,456,804 27,491,139 32,754,088 243,000 32,997,088 47,888 33,044,976
Surplus Net of Transfers & New Programs (713,075) 170,532 883,607 (3,659,000) 5,000 (3,654,000) (4,003) (3,658,003)
Beginning Fund Balance 23,002,885 23,002,885 23,173,417 23,173,417 23,173,417
Ending Fund Balance $ 22,289,810 $ 23,173,417 $ 19,514,417 $ 19,519,417 $ 19,515,414
7/6/2010
-x-
6-1-6
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERALFUND
2009 2010
Amended 2009 Variance 2010 1st 2010 2nd Proposed
Budget Actual Fav /(Unfav) Budget Supplemental Amended Supplemental Amended Comments
Revenue
Local Taxes: $ 16,600,000 $ 16,913,338 $ 313,338 $ 16,600,000 $ 16,600,000 $ 16,600,000
Sales Tax Split b/t Gen'I Fund & Capital Fund 59141 52148 61139 61139 61139
Sales Tax $ 9,760,000 $ 8,760,000 $ 1,000,000 $ 10,126,000 $ 10,126,000 17,624 $ 10,143,624 Sales tax audit proceeds
Property and Ownership 4,293,500 4,506,491 212,991 5,013,647 5,013,647 5,013,647
Ski Lift Tax 3,115,000 3,048,011 (66,989) 3,115,000 3,115,000 3,115,000
Franchise Fees, Penalties, and Other Taxes 1,049,935 944,084 (105,851) 1,056,126 1,056,126 18,438 1,074,564 Sales tax audit penalty revenue
Licenses & Permits 1,335,200 1,440,972 105,772 732,200 732,200 350,000 1,082,200 Projected construction fees ($200K), public way permits ($50K), plan
check fees ($t 00K)
Intergovernmental Revenue 1,581,680 1,611,570 29,890 1,544,000 3,000 1,547,000 170,830 1,717,830 $150K Cry Road & Bridge tax projections; $20,380 Drug Task Force
grant
Transportation Centers 5,459,744 4,975,795 483,949 5,432,744 5,432,744 500,000 4,932,744 Projected shortfall through year -end
686,788 717,653 30,865 724,775 724,775 (13,007) 711,768 $13,282 reduction in occupancy charges to Dispatch Services Fund
Charges for Services offset by $275 additional fee coll'd from Business Licenses
Fines & Forfeitures 260,000 330,660 70,660 260,000 260,000 260,000
Earnings on Investments 115,000 170,353 55,353 115,000 115,000 115,000
Rental Revenue 906,382 912,091 5,709 882,796 882,796 882,796
Miscellaneous and Project Reimbursements 180,500 243,991 63,491 92,800 245,000 337,800
337,800
Total Revenue 28,743,729 27661,671 1,082,058 29,095,088 248,000 29,343,088 43,885 29,386,973
Expenditures by Type:
Municipal Services:
Town Officials 1,261,297 1,161,906 99,391 1,234,126 20,000 1,254,126 25,000 1,279,126 Increase In estimated litigation costs for ongoing lawsuits
Administrative Services & Risk Management 3,234,825 2,986,758 248,067 3,350,484 3,350,484 9,248 3,359,732 Sales tax audit recovery fees
Community Development & Housin 2,405,353 1,888,707 516,646 1,847,525 100,000 1,947,525 1,947,525
Police 4,772,217 4,496,447 275,770 4,587,116 3,000 4,590,116 7,880 4,597,996 $20,830 for drug task officer; reduction of $13,282 for heavy equipment
charges; flood expenses of $332
Police Communications 543,072 539,763 3,309 522,213 522,213 522,213
Fire 2,735,009 2,717,947 17,062 2,869,190 30,000 2,899,190 3,053 2,902,243 Flood Incident seasonal staff and overtime costs
Public Works & Streets 3,552,133 3,357,816 194,317 3,649,854 3,649,854 2,707 3,652,561 Flood incident seasonal staff and overtime costs
Transportation & Parking 4,629,449 4,458,923 170,526 4,701,320 4,701,320 4,701,320
Facilities 3,723,070 3,308,598 414,472 3,872,255 3,872,255 3,872,255
Library 825,745 808,649 17,096 805,119 805,119 805,119
Economic Development 1,524,634 1,515,625 9,009 1,415,886 1,415,886 1,415,886
Total Expenditures 29,206,804 27,241,139 1,965,665 28,855,088 153,000 29,008,088 47,888 29,055,976
Revenue Over (Under) Expenditures (463,075) 420,532 883,607 240,000 95,000 335,000 (4,003) 330,997
Transfer to Capital Projects Fund (3,659,000) (90,000) (3,749,000) (3,749,000
Investment in Employee Home Ownership Progr (250,000) (250,000) (240,000) (240,000) (240,000)
Total Expenditures 29,456,804 27,491,139 1,965,665 32,754,088 243,000 32,997,088 1 47,888 33,044,976
Net Change in Fund Balance 713,075 170,532 883,607 3,659,000 5,000 3,654,000 4,003 3,658,003
Beginning Fund Balance 23,002,885 23,002,885 22,289,810 883,607 23,173,417 23,173,417
Ending Fund Balance S 22,289,810 S 23,173,417 $ 18,630,810 $ 19,519,417 $ 19,515,414
%a a of Fund Balance to Annual Revenue 77 5%1 83.8%1 64.0%1 66.5% 1 66.4
6- 1 -7 -7-
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2010
2009 2009 Variance 2010 list 2010 2nd Proposed
Amended Actual Fav I(Unfav) Budget Supplemental Amended Supplemental Amended Comments
Revenue
Total Sales Tax Revenue: $ 16,600,000 $ 16,913,338 $ 313,338 $ 16,600,000 $ 16,600,000 $ 16,600,000
Sales Tax Split b/t Gen'I Fund & Capital Fund 59/41 52148 61139 61139
Sales Tax - Capital Projects Fund $ 6,840,000 $ 8,251,795 $ 1,411,795 $ 6,474,000 $ 6,474,000 $ 6,474,000
Use Tax 700,000 713,582 13,582 500,000 500,000 100,000 600,000 Based on YTD collections of $75K over budget plus $25K for remainder
of the year
Federal Grunt Revenue 120,834 (120,834) 2,508,015 2,520,485 5,028,500 5,028,500 Transit center gmnt:$5.OM; $28.5K for Police Live Scan interface software;
2011: $828K for badge reconstruction, $600K buses
Other State Revenue 24,000 24,000
Lease Revenue 188,550 201,450 12,900 184,500 184,500 184,500 Per Vail Commons commercial & residential leases
Employee Housing Fee -In -Lieu 186,000 72,425 (113,575) - - 100,000 100,000 Based on YTD collections from Ramshom & Meadow Drive renovation
$11,300 reimbursement of Timber Ridge legal expense and $33,800
additional reimbursement from Solaris and Four Seasons for
Project Reimbursement 187,000 246,858 59,858 - 664,000 664,000 45,100 709,100 streetscape.; $444K for Reimbursement for stmetscape work done in 2009
during redevelopment projects: ($275K from Solaris and $169K from Four
Seasons); $200K reimbursement from Eagle County for a portion of the 1 -70
Fiber Optic installation; Bald Mtn berm $10K ERW &S & $10K nei hbors
Sale of Amsa Duplex / CGOL loan repayment - - 775,000 775,000 41,000 816,000 Increased sale price based on home buyer's change orderslupgrades
Earnings on Investments and Other 18,750 109,605 90,855 18,000 18,000 18,000
Total Revenue 8,241,134 9,619,715 1,378,581 10,459,515 3,184,485 13,644,000 286,100 13,930,100
Expenditures
Land / Property Purchases
Capital Maintenance Expenditures
Bus Shelters 27,000 21,085 5,915 27,000 27,000 27,000 Annual maintenance of town bus shelters
Parking Structures 540,000 325,380 214,620 486,000 - 486,000 486,000 2010 includes repair of ventilation, fire system, painting & rust control,
concrete and joints
Re- appropriated '09 funds and utilize savings from parking structure projects
Facilities 679,500 263,423 416,077 473,000 600,000 1,073,000 1,073,000 to address deferred maintenance following study and prioritization of town's
aging facilities; $17K library tap fee
Per Council's approval April, 2010 as part of long-term capital plan;
Library Roof Replacement 500,000 500,000 originally budgeted in 2014 but due to leaks Council agreed to move th
project up
Building Remodels 49,500 - 49,500 - _ - - Transfer 2009 funds to Creekside Housing to address continued issues of
plumbing, electrical and now asbestos
Creekside Housing Improvements 54,000 46,918 7,082 54,000 56,582 110,582 110,582 Utilized savings from Building Remodels to address continued issues of
plumbing, electrical and now asbestos inside units
Vail Village Inn Condo Roof (TOV Portion) 17,000 17,000 17,000 TOV's portion of special assessment for new roof on WI Plaza condo
building
Street Light Improvements 67,500 65,765 1,735 67,500 67,500 67,500 New street lights and refurbish residential lighting
$3,440 temporary repairs to bridges from flood incident; On -going
Capital Street Maintenance 1,337,087 1,317,330 19,757 730,000 - 730,000 3.440 733,440 maintenance to roads and bridges induding asphalt overlays, patching and
repairs
Flammable storage / Mag Chloride containment 16,560 16,560 - - - - - Secondary containment around Mag tank / remove glycol tank to meet
containment requirements; This is a compliance issue.
Fire Truck Rebuild / Refurbish - - - - 570,000 570,000 570,000 New fire truck for W Vail station - moved forward from 2011 to place order;
delivery expected 2011
Audio Visual (Council video,Security, PO car video) 61,150 35,271 25,879 8,000 25,879 33,879 33,879 09 re- appropriated for Council chamber for fixed cameras and potential
technology equipment for Council; '10 police car cameras
Document Imaging 154,699 136,421 18,278 110,000 20,592 130,592 130,592 09 reappropriation to continue historical scanning; Annual maintenance,
scanning, licensing and contract position thm 2011
7/6/2010
6 -1 -8 e
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2010
2009 2009 Variance 2010 list 2010 2nd Proposed
Amended Actual Fav I(Unfav) Budget Supplemental Amended Supplemental Amended Comments
Upgrade Microsoft products on all equipment, replacement PC's, server
Software Licensing 20,200 12,382 7,818 37,000 - 37,000 37,000 upgrades, AS400. These upgrades occur every 3 -5 years on a rotation
schedule
Hardware Purchases 84,380 68,221 16,159 45,000 48.000 93,000 93,000 09 re- appropriated for purchase of two backup appliances - utilize savings
from Data Center and Website unspent 2009 funds to help cover
Data Center (Computer Rooms) 47,500 33,598 13,902 15,000 - 15,000 15,000 Fire suppression in computer rooms, maintenance, security and power
systems for 3 rooms
Website and e- commerce 28,500 28,500 12,000 12,000 12,000 Internet security & application interfaces: website redevelopment
To complete project relating to web access to the town's GIS information:
Comm Dev ArcGIS System 52,000 20 31,101 10,000 15.700 25,700 25,700 includes purchase of "base data" from Eagle County and consulting services
to develop applications for the system
Fiber Opfics in Buildings 15,000 7,273 7,727 21,000 21,000 21,000 Cabling / Network Infrastructure; to repair, maintain & upgrade
Network upgrades 18,300 16,014 2,286 30,000 30,000 30,000 Computer network systems - replacement cycle every 3-5 years
Computer Aided Dispatch (CAD) / RMS Project 51,650 41,769 9,881 55,000 55,000 55,000 County -wide "Computer Aided Dispatch /Records Mgmt System"
Comm Dev Interactive Permit software 25,000 - 25,000 200,000 25,000 225,000 225,000 Upgrade of Permit Plus software; $25K re- appropriated for consultant to
identify system requirements, etc.
Live Scan Interface software (Police) - - - 28,500 - 28,500 28,500 Funded by grant above; Links our Live Scan software to other agencies
Library Self -Check System 90,000 90,000 90,000 Funded by Library donations collected over the years
Vehicle Expansion 34,730 34,730 2009 continued set up of Police Volvos $16K; Forklift for PW $18K
Maintenance Paid for by Capital Fund 3,364,256 2,463,039 901,217 2,409,000 1,468,753 3,877,753 503,440 4,381,193
Capital Replacement Expenditures
West Meadow Drive 600,683 520,539 80,144 64,389 64,389 18,800 83,189 $18.8K Four Seasons streetscape; see reimbursement above
$15K Salads streetscape; see reimbursement above;Future work
Village Streetscape 764,706 312,317 452,389 300,000 452,389 752,389 15,000 767,389 includes Covered Bridge (heat and /or safety) for $150K; Finish Vail Valley
Drive to Gold Peak $150K; Replace newspaper boxes $100K
Neighborhood Road Reconstruction 200,000 20,531 179,469 1,100,000 179,469 1,279,469 (850,000) 429,469 Project savings; Overhaul residential streets (Mill Creek Circle):
Construction split between 2010 and'11
Overhaul residential bridges (Matterhorn Bridge) - 2010 design with
Neighborhood Bridge Reconstruction 150,000 - 150,000 - 150,000 150.000 150,000 construction in 2011; Delayed design to coincide with CBOT 's matching
grant schedule
Fire Breathing Apparatus 180,000 180,043 (43) - _ _ Replacement of all (30) cylinders /compressors; Older model currently used
n o t e ffective or safe
Parking Entry System / Equipment 145,000 118,388 26,612 - - - 13,000 13,000 Purchase 1 add'] ticket dispensor to allow public use of value pass lot
Office Equipment> $5,000 9 9
Generator- Municipal Building / Dispatch 20,124 19,960 164 2009: work finished up in 2009 / balance due on a contract
$30K for spare pads on new hybrid buses - stocking pads reduces downtim
Replace Buses 173,400 23,174 150,226 2,199,600 83,614 2,283,214 2,283,214 when buses need servicing; Remainder will go for new buses in 2010 (6
regular buses); 2011 2 Hybrid buses
Replacement Paid for by Capital Fund 2,242,913 1,194,952 1,047,961 3,599,600 929,861 4,529,461 (803,200) 3,726,261
Property Tax Increment - Reserved 441,000 441,000 Use in 2010 toward construction of the West Vail Fire Station
Other Improvements
West Vail Fire Station - Planning / Design 300,000 102,548 197,452 2,800,000 197,452 2,997,452 2,800,000 5,797,452 Appropriate full amount of original budget in 2010 (originally split
between 2010 and 2011)
Arosa Drive - Duplex for Employee Housing 770,000 517,681 252,319 - 280,338 280,338 8,020 288,358 Development project for deed - restricted housing based on construction
contract approved by Council; total project cost $806,039
Buy -down Program 500,000 261,882 238.118 314,000 238.118 552,118 552,118 Re- appropriated to help fund purchase of Red Sandstone parking lot
Buy -down Program Funded by Pay -in -Lieu - - 186,000 - 186,000 186,000 Funding for the buy -down program from developers electing the employee
housing pay -in -lieu option
Variable Message Signs 190,973 62,320 128,653 65,000 128,653 193,653 193,653 Re- appropriated '09 funds for wayfinding signs installation (W, Main Vail
round about & Four Seasons; '10/11 Solaria
7/6/2010
6 -1 -9 9-
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
CAPITAL PROJECTS FUND
2010
2009 2009 Variance 2010 1s1, 2010 2nd Proposed
Amended Actual Fav I(Unfav) Budget Supplemental Amended Supplemental Amended Comments
$300K was allocated in 2009 for utility and drainage work to accomdate
1 -70 Noise 300,000 18,320 281,680 251,639 131,541 383,180 383,180 bens near Bald Mtn townhomes; project was delayed while obtaining
approvals from COOT and homeowners' agreement extension; $101.5K to
relocate water line under 1 1-70 Fiber Optics 168,781 158,623 10,158 - _ _ 2009:Town has fiber optic connection to 1 -70 corridor for improved public
safety communications
Underground Utility improvements 156,000 147,221 8,779 - - _ Transfer utility lines from above ground to underground; offset by $156K
revenue above from Holy Cross
Expenditure related to impact fee paid by Manor Vail development; Keep
Manor Vail Street Plan 83,800 - 83,800 - 83,800 83,800 83,800 funds in budget due to developer agreement; intent is for streetscape in that
neighborhood
Chamonix Area Planning 30,000 20,265 9,735 50,000 50,000 50,000 Next phase of Chamonix area planning / engineering
LH Parking Structure Redevelopment 5,000 3,460 1,540 - _ _ - Final expenditures regarding this RFP; offset by reimbursement in revenue
above
Fire Impact Fee Nexus study 15,000 15.000 - - _ _ - Nexus study to determine redevelopment impact on Fire Department;
Potential revenue source
Traffic Impact Fee study 30,000 8,355 21,645 21,645 21,645 21,645 Re-appropriated '09 funds to prepare Exaction ordinance
Timber Ridge Legal2oning 100,000 51,220 48,780 - 48,780 48,780 11,300 60,080 Add - I $11,300 for ongoing legal and other expense- see reimbursement
offset above
Timber Ridge Debt Service Guarantee 925,000 925,000 925,000 925,000 925,000 Annual debt service guarantee - a requirement of TR debt
LionsHead Improvements 34,000 34,000 - - _ _ This is offset by contributions from Vail Resorts and CDOT and covers
completion of the transportation study (currently underway)
S.Frontage Road Relocation 20,000 20,000 - _ _ Study of the Frontage Rd relocation (EverVail) - reimbursed from Vail
Resorts above
Bio -Mass Study 50,000 50,000 W II re- submit when a project is more clearly identified
Total Other Improvements 3,678,554 1,420,895 2,257,659 3,616,639 2,105,327 5,721,966 2,819,320 8,541,286
Total Capital before Financing 9,726,723 5,078,886 4,647,837 9,625,239 4,503,941 14,129,180 2,519,560 16,648,740
Debt Service and Financing
Debt Service on Outstanding Bonds 2,298,121 2,289,492 8,629 2,273,959 2,273,959 2,273,959
Transfer federal grant money to VRA; VRA covering all expenditures for the
Transfer to Vail Reinvestment Authority 120,834 120,834 2,479,515 2,520,485 5,000,000 5,000,000 transit center project; 2011: $390K transfer from collected traffic impact fees
due to VRA
Total Debt Service and Financing: 2,418,955 2289,492 129,463 4,753,474 2,520,485 7,273,959 7,273,959
Total Expenditures 12,145,678 7,368,378 4,777,300 14,378,713 7,024,426 21,403,139 2,519,560 23,922,699
$3.66M Transfer of General Fund fund balance for West Vail Fire Station
Transfer from General Fund - (3,659,000) (90,000) (3,749,000) (3,749,000) construction; $90K transfer of Library donations for use toward new self
check system
Net Change in Fund Balance 1 (3,904,544)1 2,251,337 1 6,155,881 1 (260,198) (3,749,941) (4,010,139) (2,233,460) (6,243,599)
Beginning Fund Balance 8,981,869 8,981,869 5,077,325 5,077,325 6,155,881 11,233,206
Ending Fund Balance 5,077,325 11,233,206 4,817,127 1,067,186 4,989,607
7/6/2010
6 -1 -10 -to-
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
2010
2009 2009 Variance 2010 1st 2010 2nd Proposed
Amended Actual Fav /(Unfav) Budget Supplemental Amended Supplemental Amended Comments
REVENUE
Real Estate Transfer Tax $ 2,420,000 $ 2,513,481 $ 93,481 $ 4,283,000 $ 4,283,000 $ 4,283,000 2010/2011: Ritz, Solaris and Four Seasons: assume 50% sold in each year at 80% of list price
Federal Grants 157,458 157,628 170 - 9,000 9,000 8,000 17,000 $8K Weed management grant; $3K grant from NW COG for regional energy efficiency survey;
$6K grant awarded for Stephen's park restoration
Golf Course Lease 120,000 126,768 6.768 122.000 122,000 122.000 Annual lease payment from Vail Recreation District
Onginal note based on $1.6 M loan at 3.5% over 5 years; Add'I repayment in 2009 due to
VRD repayment for promissory note 341,098 572,000 230,902 343,424 (86,424) 257,000 257,000 project savings of $315K. 2010 adjusted future loan repayment amount to reflect reduced
princip
Intergovenmental Revenue 20,000 22,958 2,958 20,000 20,000 12,324 32,324 $6,324 ECO- Trails grant; $6,000 reimb. For USDA grant to survey 3 counties regarding
solid waste reduction; $20K Lottery proceeds
Project Reimbursements 2.500 53,777 51,277
Recreation Amenity Fees 72.000 72,308 308 10,000 10,000 10,000 Based on actual collections in 2009
Earnings on Investments and Other 81,250 136,150 54,900 40,402 6,000 46,402 46,402 $6K supplement for Winterfest donations; earnings rate of return for2009 & 2010: Based on
.5% return on r is fund balance: 2011 based on I%
Total Revenue 3,214,306 3,655,070 440,764 4,818,826 71,424 4,747,402 20,324 4,767,726
Capital Maintenance Expenditures
Annual Park and Landscape Maintenance 1,298,882 1,145481 153,401 1 1,323,478 1.323,478 9,636 1,333,114 $8,000 weed control; $1,636 seasonal staff and overtime from flood incident
Management Fee to General Fund (5%) 120,000 123,180 3,180 214,150 214,150 1 214,150 5%of RETT Collections -fee remitted to the General Fund for administration
Rec. Path Capital Maint 193,540 123,406 70,134 150,000 20,000 170,000 91,196 261,196 $84,872 repairs due to flood incident; $6,324 stripe rec path per ECO Trail grant;
m letion of sewer lan t bike ath work
Tree Maintenance 109,954 47,111 62;843 65,000 62,843 127,843 127,843 Continued pine beetle / pine needle scale / aspen scale treatment / spruce tree fertilization
Forest Health Management 265,000 189,442 75,558 265,000 265,000 265,000 Pine beetle mitigation in conjunction w/ Forest Service
Street Furniture Replacement 25,983 18,113 7,870 22,500 - 22,500 22.500 Additions and replacement of street furniture and to expand bike rack installations (at approx.
$1,000 per bike rack
Park / Playground Capital Maintenance 110,000 92,399 17,601 115,000 - 115,000 7,500 122.500 $7,500 repairs due to flood incident; Repair & maintenance of playgrounds, restrooms
Bald Mountain Underpass Maintenance 200,000 200.000 200,000 Reconstruction of retainin wall that su ports bike pat throw h the under as
Alpine Garden Support 55,620 55,620 55,620 55.620 10,000 65,620 $10,000 matching grant off - cycle; $55K Annual support flat with 2009
Black Gore Creek Sand Miti ation 180,569 38 937 141.632 90,000 90,000 90,000 Annual support of water protection programs
Total Capital Maintenance 2,359,548 1,833,689 525,859 2,500,748 82,843 2,583,591 118,332 2,701,923
Other lm ro ents
Ste hen's Park Stream Repairs 66,000 66,000 66,000 Re -build waterfront area at Stephen's park due to erosion
Meadow Drive Streetscape 411,788 411,788 09 for West Meadow Drive (Library to Vail Road); ongoing costs under contract
Katsos Ranch Bike Path 7,000 5,499 1.501 - - - - 09 for wetland re- vegetation - the last task in resurfacing rec path from Sunburst to E. Vail
Timber Ridge - Buffehr Creek Rd separation 700,000 473,506 226 494 - 15,000 15,000 15,000 Path from TimberRidge to Roost; offset by Federal Grant of approx. $149K; Re- appropriated
'09 funds to plan t trees ins rin to fnish ro'ect.
Lionchead to Meadow Dr 202,500 202,500 Im ro rn to existin bike ath alon the stream - cancelled
Trailhead Develo ment / Im rovement 23,200 23,200 improve tmilheads; Continued need throw h 2012 one trail er e
ADA Compliance 85,881 46,101 39.780 10,000 15.000 25,000 25,000 Shared costs with VRD - ADA access at recreational facilities
Recreation Master Planning 6,415 5,406 1 - _ - _ Concept and design of recreation asset improvements; 2008/09 the Vail Golf Course
Clubhouse
Streamwalk ADA & Safety improvements 1.033 1,033 To cover a remaining engineering bill
Greenhouse 250000 230,165 19,835 5,000 5,000 5,000 Re-appropriated '09 funds to finish r enhouse irrigation inspring
Construct widened 6' shoulders along all frontage roads; Re- appropriated'09 funds to finish
Frontage Road Bike Lanes/Trails 150,000 30,732 119,268 - 119.268 119,268 119,268 design work on Blue Cow Chute to E. Vail ; construction was budgeted in 2010, but now
p ushed to 2011
Ford Park Master Plan 300,000 171,983 128,017 200,000 128,017 328,017 326,017 Re-appropriated.'09 funds for ongoing project design relative to master planning; Reduced
2010 from $3.3M to $200K for'ust the continuation of Ford.Park master Ian.
Ford Park Improvements 200,000 200,000 Use '09 funds for Ford Park restrooms to be constructed in 2011
Seibert Circle 212,696 194,922 17,774 - 17,774 17,774 17 774 Re- appropriated'09 funds w for initial replacement part inventory, which was delayed; ongoing
main tenance is bud eted ithin General Fund o erations.
Raw Water/ Irrigation Control 371,752 5,259 366.493 366,493 366.493 366,493 To reimburse Ea le River Water " San. for infrastructure out at golf course;
Kayak Take -out 10,000 - 10,000 - 10,000 10,000 10,000 Kayak take -out area along stream (part of One Willow Bridge development agreement and
must be accounted for separatel
Stream Tract Encroachment Survey 64.881 50,800 14,081 14,081 14,081 14.081 Re-appropriated '09 funds for final bills and to complete project
Reconstruction of playground per safety plan; 20 years old; in -house design currently underway
Red Sandstone Park - Per Safety plan 25,000 - 25,000 439,000 25,000 464,000 464,000 and staff working on a plan to deal with parking and ADA requirements; $25K to finish design;
Construction to be re- evaluated in June 10. Delayed due to parking lot discussions
White Water Park 5,000 2,522 2,478 - _ _ _ 3rd hole / bladder system at Whitewater Park - last part of project is to program the water
feature's stem
7/6/2010
6 -1 -11 11-
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
REAL ESTATE TRANSFER TAX
2010
2009 2009 Variance 2010 1st 2010 2nd Proposed
Amended Actual Fav /(Unfav) Budget Supplemental Amended Supplemental Amended Comments
To purchase sculptures, artwork, art programs and events; remainder is re- appropriated each
Public Art - General Programs Art 215,156 27,188 187,968 80,000 141,816 221,816 221,816 year to accumulate enough funds for larger projects; Reduction relates to allocation to
Winterfest now that it is accounted for separatel
Public Art - Morales relocation 125,000 - 125,000 164,728 164,728 164,728 Re- appropriated leftover from Meadow Drive project to put toward the Morales relocation
$39K lus re -a r riation of2009 funds $125K
Public Art - Meadow Drive Entry 85,000 45,272 39,728 See above comment
Public Art - Winterfest - - - 63,446 63,446 63,446 Allocation from current year's appropriation in Public Art general projects of $57K plus $6K
donations received in 2010
Public Art - Operating 84.359 81,861 2,498 85,157 85,157 85.157 APP salary and operating expenses related to RETT
Re-appropriated '09 funds for Frontage Rd medians.. lighting (Four Seasons / =is); Will
Landscape Medians 300,000 109,689 190,311 - 190,311 190,311 190,311 upgrade what those projects have approved by DRB in order to reduce future maintenance
costs
Environmental Sustainability 315,000 209,264 105136 250,000 128,160 378,160 378,160 Environmental projects such as energy efficiency studies of municipal buildings, recycling
etc.
Capital Paid for by RETT Funds 4,151,661 2,102,990 2,048,671 1,064,157 1,470,094 2,534,251 2,534,251
VRD- Managed Facility Projects
Recreation Enhancement Account 120.000 120,000 122,000 120,000 242,000 242,000 Reserve account for olf course improvements - funded by annual lease revenue
Golf Course Irrigation - VRD's portion 1,607,522 1,600,000 7,522 Funds were loaned to VRD in 2009 with payback over 5 ye
:
Course Irrigation 1,446,522 1,286,022 160,500 - 22,000 22,000 22,000 Replacement of inigation system on golf course; 50% split with VRD; Reappropriate for final bill
ment and lands ca in
Golf Course Clubhouse, Starter Shack, etc 542.175 12,724 529.451 33,000 529,450 562.450 562,450 Re-appropriation of '09 funds for remodel of existing clubhouse
Golf Course - Other Improvements 571,237 196,137 375,100 200,000 375,100 575.100 575,100 IRe -appropriation of '09 funds for remodel of existin clubhouse
Dobson Ice Arena 975,993 624,919 351,074 100,000 140,000 240,000 240.000 Re- appropriation of'09 funds for louver system upgrade on roof.
Ford Park / Tennis Center Improvements 115,986 - 1150,986 Re
,986 175,000 115,986 290,986 29 furbishi ng of Ford Park tennis courts, walkways & restroom roof per lease agreement;
delayed due to ark master tannin
Athletic Fields 18,280 18.280 09 irrigation system
Youth Services 164,983 97,907 67,076 25,000 25,000 25.000 09 ADA access and furnaces
G mnastics Center 27,621 27,621 25,000 25,000 25.000 09 retainin walls :'10 mechanical improvements
Nature Center 10,000 10,000 10.000 10 wood open rail fencin
Total VRD- Managed Facility Projects 5,590,319 3,817,709 1,772,610 690,000 1,302,536 1,992,536 1,992,536
Total Expenditures 12,101,528 7,754,388 4,347,140 4,254,905 2,855,473 7,110,378 118,332 7,228,710
Revenue Over (Under) Expenditures (8,887,222) 4,099,318) 4,787,904 563,921 2,926,897) (2,362,976) 98,008) 2,460,984)
l Beginning Fund Balance 1 17,288,265 17,288,265 1 8,401,043 4,787,904 1 13,188,947 13,188,947
Ending Fund Balance 1 $ 8,401,043 $ 13,188,947 1 $ 4,787,904 $ 8,964,964 $ 10,825,971 $ 10,727,963
7/6/2010
6-1-12 12-
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
2010
2009 2009 Variance 2010 tat 2010 2nd Proposed
Amended Actual Fav / (Unfav) Budget Supplemental Amended Supplemental Amended Comments
Revenue
E911 Board Revenue $ 761,918 $ 753,913 $ (8,005) $ 754,108 $ 754,108 $ 754,108
Interagency Charges 1,157,497 1,150,659 6,838 1,162,231 1,162,231 1,162,231
Town of Vail Interagency Charge 543,072 539,763 (3,309) 522,213 522,213 522,213
Earnings on Investments 5,000 7,946 2,946 5,000 5,000 5,000
Other 76,349 78,860 2,511 3,000 3,000 Reimbursement from Avon P.D. for aircard service
Total Revenue 2,543,836 2,531,141 (12,695) 2,443,552 2,443,552 3,000 2,446,552
Expenditures
Salaries & Benefits 1,753,602 1,691,378 62,224 1,854,062 1,854,062 1,854,062
Operating, Maintenance & Contracts 506,134 441,695 64,439 511,633 511,633 3,000 514,633 Aircard service for Avon P.D.
Voice logger system replacement, continuation of
Capital Outlay 197,750 69,731 128,019 50,000 73,000 123,000 123,000 projectfrom 2009; Reimbursement was rec'd in 2009
and expense originally budgeted in 2009
Total Expenditures 2,457,486 2,202,804 254,682 2,415,695 73,000 2,488,695 3,000 2,491,695
Revenue Over (Under) Expenditures 86,350 328,337 241,987 27,857 (73,000) (45,143) - (45,143)
Transfer to Capital Projects Fund -
Beginning Fund Balance 962,344 962,344 1,048,694 241,987 1,290,681 1,290,681
Ending Fund Balance $ 1,048,694 1 $ 1,290,681 1 $ 1,076,551 1 $ 1,245,538 1 $ 1,245,538
-13-
7/6/2010
6 -1 -13
TOWN OF VAIL 2010 BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING FUND
2009 2010
Original 2009 Variance 2010 2nd Proposed
Budget Actual Favl (Unfav) Budget Supplemental Amended Comments
Revenue
Business Licenses $ 314,500 $ 317,190 $ 2,690 $ 312,000 $ 5,500 $ 317,500 Estimated revenue increase
Earnings on Investments - 1,215 1,215
Total Revenue 314,500 318,405 3,905 312,000 5,500 317,500
Expenditures
Commission on Special Events 280,000 280,000 - 280,000 280,000
Collection Fee - General Fund 15,725 15,681 44 15,600 500 16,100 5% fee paid for administration
Total Expenditures 295,725 295,681 44 295,600 500 296,100
Revenue Over (Under) Expenditures 18,775 22,724 3,949 16,400 5,000 21,400
Beginning Fund Balance 81,394 83,635 2,241 100,169 100,169
Ending Fund Balance $ 100,169 $ 106,359 $ 6,190 $ 116,569 $ 5,000 $ 121,569
14
7/6/2010
6 -1 -14
TOWN OF VAIL 2010 BUDGET PROPOSAL
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
2010
2009 2009 Variance 2010 1st 2010 2nd Proposed
Amended Actual Fav / (Unfav) Budget Supplemental Amended Supplemental Amended Comments
Revenue
Town of Vail Interagency Charge $ 2,703,886 $ 2,636,688 $ (67,198) $ 2,836,464 $ 2,836,464 $ 2,836,464
Insurance Reimbursements & Other 58,800 124,695 65,895
Earnings on Investments 8,000 14,323 6,323 10,298 10,298 10,298
Equipment Sales and Trade -ins 91,880 77,238 14,642 123,240 1 45,000 168,240 1 168,240
Total Revenue 2,862,566 2,852,944 9,622 2,970,002 45,000 3,015,002 3,015,002
Expenditures
Salaries & Benefits 942,623 947,824 (5,201) 965,912 965,912 965,912
Operating, Maintenance & Contracts 1,155,825 1,013,185 142,640 1,244,911 1,244,911 1,244,911
$36,428 for purchase of two sweepers;
originally budgeted at lesser cost, cut based
Capital Outlay 852,500 612,152 240,348 784,500 230,000 1,014,500 68,428 1,082,928 on trial run need to go back to larger
equipmt; $32,000 to replace two variable
message signs
Total Expenditures 2,950,948 2,573,161 377,787 2,995,323 230,000 3,225,323 68,428 3,293,751
Revenue Over (Under) Expenditures (88,382) 279,783 368,165 (25,321) (185,000) (210,321) (68,428) (278,749)
Beginning Fund Balance 2,063,818 2,063,818 1,975,436 368,165 2,343,601 2,343,601
Ending Fund Balance $ 1,975,436 $ 2,343,601 $ 1,950,115 $ 2,133,280 $ 2,064,852
7/6/2010
-ts-
6-1-15
ORDINANCE NO. 11
SERIES OF 2010
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, DISPATCH
SERVICES FUND, HEAVY EQUIPMENT FUND AND MARKETING FUND OF THE 2010
BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE SAID
ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH DETAILS IN REGARD
THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2010 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
19, Series of 2009, adopting the 2010 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(x) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2010 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 47,888
Capital Projects Fund 2,519,560
Real Estate Transfer Tax Fund 118,332
Dispatch Services Fund 3,000
Heavy Equipment Fund 68,428
Marketing Fund 500
Total $ 2,757,708
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
Ordinance No. 11, Series of 2010
7/6/2010
6 -1 -16
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.
3. 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.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 6th day of July, 2010, and a public hearing shall be held on this Ordinance on
the 20th day of July, 2010, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 11, Series of 2010
7/6/2010
6- 1 - 17
APPLICAT101 FOR TOWI OF VAIL OUT OF CYCLE FUI DII G
Submitted May 28, 2010
by Betty Ford Alpine Gardens
1. Name of organization: Betty Ford Alpine Gardens (BFAG)
2. Contact person: Ann Kurronen, Executive Director
3. Mailing address: 183 Gore Creek Drive, Vail, CO 81657
4. Telephone: 476 -0103 x 6
5. Members and Titles of your governing board: See attached Board Member list.
6. Amount of contribution requested: Will leave to the Town Council's determination.
7. Why was this not part of the normal contribution request process for 2010?
Last month (April, 2010), the Gardens received an unexpected challenge grant
opportunity from one of our benefactors in the amount of $100,000. The benefactor has
agreed to match "new" revenue raised by the Gardens on a dollar for dollar basis and we
believe we have an extraordinary opportunity to double the donor's contribution to be
used for general operating funds during the 2010 and 2011 fiscal years.
Previous Out -of -C, cl�pport Provided to Betty Ford Alpine Gardens
In 2008, the Gardens requested financial support to replace three aging bridges, one of
which collapsed during the previous winter. The TOV provided $20,000 for the bridge
project to supplement the $30,000 awarded from the Gardens insurance. All three new
structurally engineered bridges were installed in 2008 and are expected to last for years
to come.
In 2004, the Gardens requested and received $40,000 through an out -of -cycle TOV Grant
Application to repair the upper pool that was cracked and leaking. At that time, the upper
pool was mechanically connected to the system that regulated the waterfall beneath it.
The out -of -cycle funding was used to repair the leaks and redirect the upper pool to a
stand alone water system. While water features are notorious for their imperfections,
altering the upper pool to its own "system" has proven a wise strategy.
8. Organization fiscal year -end: September 30, 2010
9. Are your books audited? Yes, by McMahon & Associates.
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7/6/2010
6 -1 -18
10. How will the contribution be used?
During our nearly twenty -five year history, Betty Ford Alpine Gardens has relied upon
donations to fund our modest operational expenses so that we may benefit the public
(without charging them an entrance or program fee), while at the same time serving as
stewards of our mountain environment.
However, like most non - profit organizations in the Vail area, and nation -wide, the
Gardens has experienced a decrease in donations during these economically challenging
times. This year we have tightened our budget as best we can while continuing to provide
our guests a quality botanic garden experience and conduct our vital environmental
education and research.
We feel fortunate that we have been given the matching grant opportunity, as explained
above, to help us financially weather these challenging times as we work toward returned
stability and strength. We ask the Town of Vail to partner with Betty Ford Alpine Gardens
in turning the $100,000 challenge match into $200,000 revenue for one our community's
most valued assets.
11. How does your request support item 1C of the TOV contribution policy?
Betty Ford Alpine Gardens mission and contribution to the community is in strong
alignment with the towns mission in the following ways:
A Premier Mountain Resort Community
Betty Ford Alpine Gardens is a nationally and internationally recognized botanic garden
hosting 100,000 visitors each summer. Conserving plants of the American West, it is our
mission to inspire passion for plants in high altitude communities through beautification,
conservation, education and research.
Our vision has been to be recognized as the foremost authority on high altitude plants in
natural and cultivated landscapes in the Rocky Mountain Region and similar
environments. We are often recognized by the American Public Garden Association as a
nationally significant botanic garden we believe we have realized our vision and are
considered the experts in our field of alpine flora to which all others turn for guidance on
the topic of mountain flora.
We believe our vision compliments the town's desire to be considered by all current and
potential stakeholders, as a resort community whose name is synonymous with
excellence.
Committed To Providing Citizens and Guests With A Superior Level of Environmentally -
Sensitive Services
Betty Ford Alpine Gardens gates are open free to all who visit our Valley. On a weekly
basis in the summer we offer hand's on children's education programs that inspire
curiosity and encourage participants to treat our landscape in an environmentally
respectful manner. These programs are offered to locals and tourists alike, and are well
advertised so that we are able to reach approximately 1,200 youth annually.
2
7/6/2010
6 -1 -19
Each year we partner with other like - minded environmental organizations for our
conservation programs and research such as the Bureau of Land Management,
U.S. Forest Service, Colorado Natural Heritage Program, Colorado Fish and Wildlife,
North American Plant Conservation Consortium, and Nature Conservancy.
Offering an Abundance of Recreational, Educational and Cultural Opportunities
Betty Ford Alpine Gardens is a uniquely wonderful place to visit with something to
delight, amaze and educate people of all ages. Our exhibits change daily, and in some
cases hourly, thanks to the whims of Mother Nature. We inspire people to do great things
by providing quiet space for meditation and reflection. BFAG is a living museum that
teaches people to appreciate high altitude plants and their role in preserving our
mountain culture. We are experts in the field of plant science, conservation and habitat
restoration, and we share that knowledge with our visitors.
This coming summer will be filled with events and programs to attract visitors and
spread our environmental message. In addition to our regularly scheduled children's and
horticulture therapy programs we will offer:
• Arts in the Gardens
• Music in the Gardens (in collaboration with Bravo!)
• Yoga in the Gardens
• Chefs in the Gardens (in collaboration with local restaurants)
• Guest speakers on - High altitude gardening, wildflower hikes, etc.
In conclusion, Betty Ford Alpine Gardens matters to the local and tourist community
because we:
• Educate people of all ages about high altitude plants which, other than snow and
rocks, are the greatest attraction and valued asset of our mountain landscape.
• Work to restore habitats and conserve endangered plant species.
• Reach out to young people and provide a safe a space to learn.
• Positively impact the local economy through offering tourists a unique and
ever - changing botanic garden display (which encourages return visits), provide
a pleasant shopping experience at our two retail gift stores, and encourage local
citizens to beautify their lawns and porches with attractive and drought - tolerant
trees and plants.
• Serve as stewards of the heritage and history of places.
• Awaken and nurture an affinity for the beauty of the Rocky Mountain region and
natural world.
We have a saying in the botanic garden world, "Gardens are considered the first sign
of commitment to a community. When people plant something they are saying, let's
stay here. And by their connection to the land, they are connected to one another."
3
7/6/2010
6 -1 -20
12. Who currently funds your organization (other governments, private donations,
user fees, etc.)?
The current BFAG annual operating budget (excludes our gift shops) is supported by
the following sources:
65% Private Donations
7% BFAG Membership Dues
8% BFAG Events and Facility Use
4% Grants (Federal and foundations)
16% Town of Vail (March 2010 - $55,600)
100%
13. Organization's mission statement:
Betty Ford Alpine Gardens' Mission Statement
Conserving plants of the American West, our mission is to inspire a passion for plants in
high altitude communities through beautification, conservation, education, and research
programs.
Betty Ford Alpine Gardens' Vision
To be recognized as the foremost authority on high altitude plants in natural and cultivated
landscapes in the Rocky Mountain region and similar environments.
Betty Ford Alpine Gardens Aims To Be:
The most beautiful and acclaimed summer attraction in the Colorado high country.
The "go to" resource for sustainable landscaping and gardening information.
Regularly published as a horticultural authority.
Recognized as the best summer volunteer opportunity in Eagle County.
A leader in a coordinated /partnered education programs on sustainable living in the
Colorado high country.
An organization whose value to the community stimulates financial support.
A recognized leader in mountain plant conservation and research.
4
7/6/2010
6 -1 -21
APPLICATION FOR TOWN OF VAIL FUNDING
Betty Ford Alpine Gardens
Balance Sheet
Most Recently Completed
Fiscal Year (Date: September 30, 2009
Assets:
Cash $ 37,250
Endowment $ 251,375
Accounts Receivable $ 8,950
Gift Shop Inventory $ 46,138
Fixed Assets $2,033,322
(Gardens /plant collections,
interpretive displays,
office equipment, library
gift shop in Vail Village)
Total Assets: $2,376,990
Liabilities:
Accounts Payable $ 11,643
Payroll $ 7,846
Sales Tax Payable $ 967
Total Liabilities 20,456
Net Worth $2,356,534
5
7/6/2010
6 -1 -22
APPLICATION FOR TOWN OF VAIL FUNDING
Betty Ford Alpine Gardens Statement of Sources and Uses
Current Fiscal Year Budget (October 2009 - September 2010)
Revenues:
Annual Membership $ 22,000
Garden Donation Boxes & Tours $ 11,000
Individual Donations $141,000*
Operating Grants $ 75,000
Facility Use $ 8,000
Gift Shops $254,000
Total Revenue $511,000
Expenses:
Gardens $ 81,000
Education & Programs $ 51,700
Administration & Staff $226,700
Gift Shops $233,350
Total Expenses $593,000
Total Revenue Minus Expense ($82,000
* Does not include revenue we expect to generate
from the $100,000 challenge match.
6
7/6/2010
6 -1 -23
APPLICATION FOR TOWN OF VAIL FUNDING
GENERAL INSTRUCTIONS
All applications must be submitted to the Town of Vail by Friday, May 28, 2010 by 5:00 P.M.. You must
provide hard 12 copies of the application as well as an electronic copy (aj anus z@vailgov.com). Any
application received after that date or any application packet with fewer than 12 copies will not be
considered.
Please send application to:
Town of Vail
Attn: Andy Janusz
75 S. Frontage Road
Vail, Colorado 81657
For questions on the financial statements, please contact Andy Janusz at 4792100.
PLEASE TYPE THIS APPLICATION OR PRINT IN BLACK INK
1. Name of organization: Bravo Colorado at Beaver Creek - Vail (dba, Bravo! Vail Valley
Music Festival)
2. Contact person: John W. Giovando, Executive Director or Jeanne Reid White, Director
of Development
3. Mailing address: 2271 N. Frontage Road W., Suite C, Vail, Colorado 81657
4. Telephone: 970 -827 -5700
5. Members and Titles of your governing board: Please see attached list.
6. Amount of contribution requested: $20,000
7. Why was this not part of the normal contribution request process for 2010 budgeting (due
June 26, 2009)? This request is for funding to assist with two concerts that were not
scheduled when the original application was submitted. The original contribution
request is applied to the fees associated with the New York Philharmonic and the
Philadelphia Orchestra in addition to operating expenses.
8. Organization fiscal year -end: September 30
9. Are your books audited.? A financial review is conducted at the end of each fiscal year
by Stephanie Novosad, CPA of Novosad, Lyle and Associates. A Sarbanes -Oxley
review is performed by Jerry McMahan formerly of McMahan and Associates.
10. How will the contribution be used?
A contribution of $10,000 from the Town of Vail will assist the Festival in funding two
concerts that have been added to the 2010 program since the Festival's initial 2010 grant
request. The first concert, to be held on June 26, is a very exciting collaboration
between the Bravo Festival and the Vail Valley Foundation. World renowned cellist,
Yo -Yo Ma, has agreed to host and erform in a free family concert the morning
7i6i2D10
6 -1 -24
following his June 25 recital. The program is aimed at introducing children and their
families to classical music, music composition and dance. The program, entitled
"Imagination Celebration. Adventures in the Arts," will take place on Saturday, June
26 at 10:30 a.m. at the Gerald R. Ford Amphitheater. The concert will include
performances by Yo -Yo Ma, Eugenia Zukerman from the Bravo Festival, Damian
Woetzel from the Vail Valley Foundation, and the children from the Bravo Young
Composers Program, First Notes, and Celebrate the Beat.
Yo -Yo Ma and Eugenia Zukerman will perform a piece written by two local children
who participant in the Bravo! Young Composers program. Ben West and Jeremiah
Johnston, bath Eagle County residents, have worked with Program Director John Deak
to compose anew, original work that will be performed onstage. Students from the
"Celebrate the Beat" program will perform a creative dance and the second grade
orchestra from the "First Notes" program will demonstrate what they have learned by
performing a piece as well. This program will demonstrate what can be accomplished
through the critically important music and dance education programs offered by the
Bravo! Festival and the Vail Valley Foundation.
Yo -Yo Ma, Eugenia Zukerman and Damian Woetzel have worked closely together to
create an interactive program that is both entertaining and educational to demonstrate
to children and their parents the importance of arts education. Admission to the June
26 performance will be FREE. The Festival requests $10,000 from the Town of Vail to
assist with production and marketing costs associated with this concert. Concert
attendance is expected to exceed 1,500.
The second concert for which the Festival is requesting $10,000 in funds is the July 3
performance entitled "Nothin' but the Blues." This performance will broaden the
Festival's repertoire to include jazz and blues works performed by internationally
renowned musicians and vocalists. Performers for this concert include: Dee Daniels,
Vocalist; Wycliffe Gordon, Trombone; Byron Stripling, Trumpet; Dave Mancini,
Drums; Bobby Floyd, Organ; Peter Summer, Alto/Tenor Saxophone; Steve Kovalcheck,
Guitar. This concert was developed through a collaboration with the Bravo Festival
Artistic staff and beloved Pops Conductor Jeff Tyzik. Jeff Tyzik has long been a
favorite for many in the Vail Valley. His arrangements of pops and patriotic works are
known across the country.
In order to hire the number and caliber of professional musicians necessary to perform
this special concert, the Festival incurred an additional expense of more than $33,000.
This concert is intended to draw in new audiences as well as to entertain returning
patrons of the Festival. This is expected to be one of the most popular programs of the
2010 Bravo Festival with an anticipated audience of more than 3,500. The Festival
requests $10,000 from the Town of Vail to assist with production and marketing costs
M associated with this concert.
11. How does your request support item 1C of the contribution policy ?
Both the June 26 concert with Yo -Yo Ma and the July 3 concert with Byron Stripling
and Dee Daniels appeal to a wide regional audience. Both programs present unique
collaborative efforts between some of the nation's most well -known and respected
artists. Each offers a `once in a lifetime' experience that will draw large diverse crowds,
many who will be experiencing Bravo and Vail for the first time.
7/6/2010
6 -1 -25
The Bravo Festival is unlike any other music festival in the country. The Festival's
ability to continue to add these types of programs to the already impressive roster takes
the popular appeal of the Festival to a new, broader level. In order to promote these
events to new and broader audiences, the Festival, in collaboration with the Vail Valley
Foundation, has undertaken an extensive marketing effort in the Front Range.
12. Who currently funds your organization (other governments, private donations, user fees,
etc.)?
The Bravo! Festival receives funding support from private and family foundations;
federal, state and local government; corporate enterprises; individual patrons; as well
as from membership fees from the local community Guild. Earned income is generated
through ticket sales, program advertising, concession sales and investments.
13. Organization's mission statement:
To enhance the cultural life of the Vail Valley through the organization and
presentation of classical and popular music programs at the highest international
artistic level. To foster the performing arts - music, dance and theater - in the Vail
Valley. To promote public education in the arts. To provide an additional cultural
dimension to the summer season that encourages part time residents to spend more
time in the Vail Valley and attract summer visitors in larger numbers for longer stays
thereby contributing to the cultural and economic well being of the Vail Valley.
Attachments:
• Bravo! Vail Valley Music Festival Board of Directors
• 2009 Financial Information (Statement of Financial Position and Statement of Activities)
• 2010 Budget
• June 26 Program information (from the 2010 Program Book)
• July 3 Program information (from the 2010 Program Book)
• 2010 Ticket Brochure
4
N
7/6/2010
6 -1 -26
na
a
m
VAIL VALLEY MUSIC FESTIVAL
ro Board Members
Board of Trustees Advisory Board
Jan Broman Adam Aron
Jan Coulson Paul Becker
Anne Collins Michael Byram
Timothy Dalton, Vice Chair* Marge Burdick **
Lucy Davis, Secretary* Bill Clinkenbeard
Connie Dorsey Amy Coyer
Cookie Flaum Kathleen Eck **
Ceil Folz Tom Edwards
John Galvin* Sallie Fawcett
�t
Dan Godec, Treasurer* David Ferguson
Jeanne Gustafson* Harry Frampton
Linda Hart* Joan Francis
Betsy Hendrickson Mark Gordon
Chris Jarnot Seeme Hasan
Alan Kosloff, Chairman* Martha Head
Honey Kurtz Steven Holt
?" Marion Laughlin Ida Kavafian **
Rob Levine Jeremy Krieg
Richard Liebhaber* Mery Lapin
Vicki Logan* Patricia Lynch
Tony Mayer Matthew Martinucci
{ Shirley McIntyre Jerry McMahan
fir' Matt Morgan Bill Morton
.d
•''' Doug Rippeto Sarah Nash
Susan Rogel Steve Pope
Margaret Rogers Martha Rehm
r ; I Byron Rose Ann Sansbury
Terie Roubos* Rod Slifer
Carole Segal Phil Smiley
1 ' Rob Shay Thomas Steinberg
Jim Shpall Sue Sturm
I = ;* Cathy Stone* Susan Suggs
Argie Tang* Dick Swank **
Doug Tansill* Karen Weber **
Dennis Wentz Betsy Wiegers
'.r Luanne Wells
" * Executive Committee
!t.-_ ** Chairman Emeritus
%> MAILING 2271 N. Frontage Road W., Unit C, Vail, CO 81657
7/6
G e.
rr��Y�r PHONF 970.827.5700 Fax 970.827.5707 BOX OFFICE 877.812.5700 bravo @vailmusicfestival.org
1�4 I,
6- 1 -27
Bravo! Colorado at Beaver Creek/ Vail, Inc.
dba Vail Valley Music Festival
(A Colorado Non - Profit Corporation)
Statement of Financial Position
September 30, 2009 and September 30, 2008
2009 2008
Temporarily
Unrestricted Restricted Total Total
Assets
Current Assets
Cash and cash equivalents 413,615 137,529 551,144 619,979
Investments at market value 28,204 28,204 1,345,021
Accounts receivables, net 86,579 - 86,579 202,970
Prepaid expenses 54,812 54,812 64,719
Total Current Assets 583,210 137,529 720,739 2,232,689
Non-Current Assets
Restricted cash 500,856 - 500,856 439,570
Fixed Assets
Leasehold Improvements 52,968 52,968 108,249
Less: accumulated amortization (4,889) (4,889) (90,607)
Furniture, fixtures and equipment 388,799 388,799 380,989
Less: accumulated depreciation (285,877) {285,877} (255,117)
Net Fixed Assets 151,001 151,001 143,514
Total Assets 1,235,067 137,529 1,372,596 2,815,773
Liabilities and Net Assets
Current Liabilities
Accounts payable and accrued liabilities 55,284 55,284 80,622
Lease payable _ _ 952
Total Current Liabilities 55,284 55,284 81,574
Non - Current Liabilities
Deferred compensation obligation 452,440 452,440 347,563
Total Non - Current Liabilities 452,440 452,440 347,563
Total Liabilities 507,724 507,724 429,137
Net Assets
Unrestricted
Designated 727,343 727,343 806,260
I
Undesignated - - 884,913
Temporarily restricted - 137,529 137,529 695,463
Total Net Assets 727,343 137,529 864,872 2,386,636
Total Liabilities and Net Assets 1,235,067 137,529 1,372,596 2,815,773
See accountants' review report and accompanying notes to these financial statements.
Z
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Bravo! Colorado at Beaver Creek/ Vail, Inc.
dba Vail Valley Music Festiva!
(A Colorado lion- Profit Corporation)
Statement of Activities
For the Years Ended September 30, 2009
and September 30, 2008
2009 2008
Temporarily
Unrestricted Restricted Total Total
Revenues, Gains and Other Support
Event income 1,266,202 1,266,202 1,414,703
Festival contributions 2,287,511 44,250 2,331,761 2,801,825
Grant revenue 184,500 184,500 227,000
Program advertising 138,135 138,135 180,540
Investment income (loss) (99,776) (100,154) (199,930) (254,151)
Miscellaneous income - 602
in -land contributions 3,544,773 3,544,773. 3,400,990
Contribution from Foundation - - 40,000
Net assets released from restrictions 141,125 (141,125)
Total Revenues, Gains and Other Support 7,462,470 (197,029) 7,265,441 7,811,509
Expenses
Orchestra /artist fees /travel /housing 2,039,255 2,039,255 2,032,430
Special artistic 134,689 134,689 189,113
Marketing 390,536 390,536 465,408
Adminsuative 266,812 266,842 285,334
Salary, benefits and bonus 1,303,770 - 1,303,770 1,405,782
Contributions to Foundation 746,435 360,905 1,107,340 443,426
In -Kind:
Housing 638,000 - 638,000 701,000
Advertising 422,300 422,300 407,800
Production 346,244 346,244 302,440
Orchestra 1,290,000 - 1,290,000 1,215,000
Other 848,229 848,229 774,750
Total Expenses 8,426,300 360,905 8,787,205 8,222,483
Change in Net Assets (Deficit) (963,830) (557,934) (1,521,764) (410,974)
Net Assets - Beginning of Year 1,691,173 695,463 2,386,636 2,797,610
Net Assets - End of Year 727,343 137,529 864,872 2,386,636
See accountants' review report and accompanying notes to these financial statements.
3
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Bravo Vail Valley Music Festival
October 1 - September 30, Fiscal Year 2010
2010 Budget Summary
Revenues
EarnedlUnearned Income
Ticket Income $I,435,000.00
Festival Contributions /Gifts $2,517,000.00
Grant Revenue $201,000.00
Program Advertising $135,000.00
Interest Income $12,000.00
Miscellaneous Income $0.00
Total Earned/Unearned Income $4,300,000.00
Total Revenues $4,300,000.00
Expenses
Artist Fees /Travel $2,144,870.00
Special Artistic $162,140.00
Marketing $473,715.00
Administration $217,000.00
Salaries /Taxes $1,302,275.00
Total Expenses $4,300,000.00
In kind
01- 40332 In Kind contributions $3,660,000.00
01 -50460 In Kind Expense $3,660,000.00
Total $0.00
NET SURPLUS /(DEFICIT) $0.00
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COLORADO
SKI €t 5N OWBOARD
E3
ti y
0-\ � - \r
i
MUSEUM AND HALL OF FAME
APPLICATIOI FOR TOWI OF VAIL FUI DII G
2010 Off -Cycle Request
1. Name of organization: Colorado Ski Museum, Inc.
2. Contact person: Erica Lloyd- Curator
Cindy Clement - Development
David Scott-Board Chairman
Kent Erickson - Treasurer
3. Mailing address: PO Box 1976, Vail CO 81658
4. Telephone: 970-476-1876
5. Members and Titles of your governing board:
David Scott - Chairman James Dunn
Hart Axley -Vice Chairman Andy Franklin (Vail 2nd homeowner)
Kent Erickson- Treasurer (Vail) Jon Franklin
Joy Spring - Secretary David Gorsuch (Vail)
Jim Bain Ned Gwathmey (Vail)
Bob Beattie David Kelly
Diane Boyer (Vail) Janet Martin (Vail 2nd homeowner)
Conrad Breviellier John McMurtry (Vail)
Trent Bush Adam Sutner (Vail)
Linda Cain (Vail 2 nd homeowner) Erik Steinberg
Ruth DeMuth (Vail) Bill Tomcich
Lynn Deutschman (Eagle)
6. Amount of contribution requested: $55,000.
7. Why was this not part of the normal contribution request process for 2010 budgeting (due
June, 2009)? The museum applied for, but was not granted, any funding during the normal 2009 &
2010 budgeting processes. The museum is one of Vail's unique cultural and educational amenities
and should be excluded from funding. Our prior requests may have been rejected because we had a
reputation of being a small museum, one that did not contribute to the unique fabric of Vail. The
museum has transformed itself with a new team whose goal is to become a place of learning where
the community, local and tourist meet to create shared experiences. We have expanded our scope to
include education programs, a speaker series and outreach initiatives, which are increasingly earning
the praise of visitors as the best thing they did while vacationing in Vail. We are requesting general
programming funds similar in size and scope to the Betty Ford Alpine Gardens, another town owned
property. In addition to the Gardens, there are many other seasonal arts /culture events and
attractions under the Economic Vitality category which continue to receive similar, if not higher,
levels of funding. Museums, libraries and other arts /cultural community amenities are,
unfortunately are not self - sustaining and so require both private and public funding on an annual
basis. To provide some perspective as to why annual funding by the Town of Vail is justified, let us
transport you back 36 years to 1974 when the Town of Vail decided to apply for status as a
Centennial city as part of Colorado's Centennial Bicentennial celebration. One of the three
requirements for this status was a heritage project. On May 23, 1975, the non - profit educational and
historical institution, the Vail Centennial Skiing Museum, was incorporated to fulfill the heritage
(history) project need. The museum was to be a place that would commemorate "100 Years of
Skiing." "The museum seemed most appropriate for Vail, an idea that had been waiting to be born,
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now brought to life in a community created expressly for the sport of skiing." The Town of Vail
acquired the old Mountain Bell telephone building at the intersection of Vail Road and Meadow
Drive just a block from the 1 -70 exit, and donated it for the Museum. In 1991, the town of Vail
presented the Museum with a lease for a larger more visible space in the heart of Vail Village. The
Town of Vail's first visionaries and town leaders were responsible for the creation of this institution
knowing that a museum, like a library, is vital to a town's sense of community, because a museum
helps shape public education. From its inception the Town of Vail was an equal partner.
8. Organization fiscal year -end: September 30 (In the process of changing to April 30)
9. Are your books audited? Not formally.
10. How will the contribution be used?
Funding will be used to maintain the program momentum we have established during our recent
transformation. Our programming plays an important part in Vail's tourism; it appeals to the skiers
and non - skiers, young and old, locals and tourists, and is especially popular with destination and
international guests. The museum hosts several education programs, the winter weekly speaker
series, K -12 field trips for students, museum tours, partner with the Town of Vail Art in Public
Places Tour, a veteran l O th Mountain Division fire -side chats on Fridays and local events held at
the museum all year- round. Daily, we receive confirmation that people exit 1 -70 because the
museum is advertised as a featured attraction. Others find the museum because they are intrigued
with the famous le Mountain Division, which trained at Camp Hale, fought in WWII and played
an instrumental role in the development of the ski industry in Colorado. The museum, unlike many
of Vail's arts /cultural amenities, is a year -round attraction that serves over 60,000 visitors annually.
Many visitors tell us their museum visit, meeting a 10 Mountain veteran, hearing stories of Vail's
beginnings or Colorado's ski heroes was "the best part of their vacation" because it made them feel
more connected to Vail.
11. How does your request support item 1C of the contribution policy?
Funding for the Colorado Ski & Snowboard Museum aligns with Vail's desire to offer "an
abundance of recreational, cultural, and educational opportunities." The museum is both a cultural
and educational institution expressly designed to connect Vail's locals and visitors to Vail's heart
and soul and Colorado's colorful skiing history. Most importantly, the museum keeps alive the
legacy of the famed l Oth Mountain Division and the spirit of Vail's founders.
12. Who currently funds your organization?
Vail Resorts ($33,000 cash plus $30,000 in -kind services), individual museum members ($88,000),
Speaker Series and Field Trip participants ($4,500), museum visitor donations ($15,000), event
sponsors and participants ($72,000), museum evening receptions ($2,400) and gift shop net
proceeds ($110,000). This does not include restricted grants that have to be used for a specific
project/exhibit.
13. Organization's mission statement: The Colorado Ski & Snowboard Museum and Hall of Fame
preserves and interprets the history of skiing and snowboarding; honors those individuals who have
made significant contributions to the sport; and educates the public about Colorado's rich skiing
legacy.
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Colorado Ski & Snowboard Museum Balance Sheet as of March 30, 2010
BALANCE SHEET Mar 31, 10
ASSETS
Current Assets Restricted or
Designated Unrestricted
Total 1494 • Cash & cash equivalents 203,722.50 74,810.00 128,912.50
Accounts Receivable
Total 1300 - Accounts Receivable 3,018.52
Total Accounts Receivable 3,018.52
Other Current Assets
1489 • Prepaid Expenses 2,222.02
1491 • Retail Inventory Asset 48,841.85
Total Other Current Assets 51,063.87
Total Current Assets 257,804.89
Fixed Assets
1401 • Jacques Parker Art 40,000.00
Total Collections 40,000.00
Property and Equipment
SOAC EXHIBIT 105,127.51
1400 • Furniture & Fixtures 54,444.30
1402 Accum. Depreciation - 82,527.49
1403 Accum Deprec - SOAC - 105,127.51
Total Property and Equipment - 28,083.19
Total Fixed Assets 11,916.81
TOTAL
ASSETS 269,721.70
LIABILITIES & EQUITY
Liabilities
Current Liabilities
1500 - Accounts Payable 9,346.27
Total Accounts Payable 9,346.27
Other Current Liability
2200 • Sales Tax Payable 2,107.91
Total Other Current Liabilities 2,107.91
Total Liabilities 11,454.18
Equity
3900 - Retained Earnings 119,938.65
3902 - Temporarily Restricted RE 33,130.00
3903 - Permanently Restricted 580.00
Net Income 104,618.87
Total Equity 258,267.52
TOTAL LIABILITIES & EQUITY 269,721.70
Note: Balance sheet cash includes $74,810 in restricted grants earmarked for a specific use.
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Colorado Ski & Snowboard Museum 2010 Budget FY2010
Ordinary Income /Expense
Income
4030 Event Income 139,000.00
4041 Contributions 50,500.00
4060 Membership Income 88,000.00
4070 Retail Income 218,595.00
4090 Receptions Income 2,400.00
4055 HOF TV Program 16,000.00
4095 Other Income 1,750.00
Total Income 516,245.00
Cost of Goods Sold
6120 Event Expenses 66,500.00
5000 Retail Expenses 117,200.00
Total COGS 183,700.00
Gross Profit 332,545.00
Expense
CURATORIAL & RESOURCE CENTER 24,867.80
MUSEUM & EXHIBIT EXPENSE 27,089.00
ADMIN & MARKETING EXPENSE 45,788.66
STAFF & CONSULTANT EXPENSE 234,362.46
Total Expense 332,107.92
Net Ordinary Income 437.08
Other Income /Expense
Other Income
6997 • Non - Operating Income 10,000.00
Sales Tax Service Fee Income
Total Other Income 10,000.00
Other Expense
6998 • Non - Operating Expense 10,000.00
Total Other Expense 10,000.00
Net Other Income 0.00
Net Income 437.08
I ote: The budget does not include one -time restricted grants that halve to be used for a specific museum exhibit or project.
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In the Spirit of the Founders
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Table of Contents
Information requested by the Town of Vail 3, 4, 5
1. The Project 6
2. Development and Production 6,7
3. Disc Content 8
4. Draft Budget 9
5. Sponsorship Opportunities 9
6. Production Timeline 10
7. Subjects Under Consideration 11, 12, 13, 14, 15, 16
8. Producer credits 17, 18, 19
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1. Name of organization submitting proposal
Summit Films
2. Contact person
Roger Brown
3. Mailing address
Post Office Box 420, Gypsum, Colorado 81637
4. Telephone
970 524 1588
5. E -mail address
rogercottonbrownkearthlink.net
6 .Members of governing board
Adam Sutner, Vail Resorts marketing director
John Horan - Kates, Vail Leadership Institute
Kerry Donovan, Town of Vail (if she accepts)
Others to be determined
7. Amount requested
$30,000 in three annual $10,000 installments starting in July 2010.
8. Organizational year end, December.
9. Our books are not audited.
10. Attached.
11. Funding passes through the International Skiing History Association. Vail Resorts,
Pepi and Sheika Gramshammer, The First Bank of Vail, other businesses,
foundations, and individuals are donors.
12. Organization Mission Statement. To produce a two hour DVD set about the first fifty
years of Vail; the mountain, the town, and that people who made it happen.
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Answer to the Town of Vail question 11. How does your request support item 1C of the
contribution policy?
To understand where we are going as a community and ski resort, and to continue Vail's
successful evolution, we need to look to the past to see where we have been.
Vail will be 50 years old in December, 2012. Those founders that are still with us will be
in their 80's (and `90s) or close to it when it's time for the celebration.
Most of Vail's citizens were not here when Pete Seibert and Earl Eaton implemented
their dream for a Rocky Mountain Ski Resort. It's an important story, a story that
shouldn't be forgotten.
The founders of Vail were pioneers in the true sense of the word, carving a ski resort out
of near wilderness forest lands and high summer pastures. It was not easy. They had to
acquire the private land at the base of the mountain, raise money to build the lifts and
trails, plan and build the town, bring in the gas, electric, and water lines to service the
homes and businesses, build roads, and at the same time convince the public that Vail had
some of the best skiing in the world.
In the beginning recreation, other than skiing, was hunting, fishing, and riding horses in
the back country. Golf and tennis came later, as did the other amenities; a hospital a
library, the Dobson ice arena, the interfaith chapel, the Colorado Ski Museum, the
parking structure, the Gore Range Natural Science School, the Ford Amphitheatre, the
Donovan Pavilion, and more. Each of these amenities had its proponents, who were also
pioneers like Pete and Earl, bent on creating a mountain paradise where they could reside
in comfort, make a living, raise a family, and ski...
Some might say Pete and Earl were lucky. Others would admit to their genius and
tenacity, first in finding the right place and then in finding the right people to make it all
happen.
The value in telling the story is obvious. It is a testament to the fact that dreams can come
true, "if' and it's a big "if', the vision is powerful and the concept is true and pure. The
founders loved skiing above all and the ski life that went with the sport and they were
willing to let their little secret get out. And "get out" it did. Some partners were a little
chagrin, wondering what happened to their idea of a little club made up of close friends.
But they were not unhappy about what happened to their land values and lift tickets. The
profit motive became more significant later, as it should have, but it was a necessity more
than the primary driving force. It helped to keep the resort alive, vibrant, and "with the
times ". Vail has always been a leader in the ski industry.
Vail has done well. There is a lot to be proud o£ Some might say the early years were
better, but without the amenities that came later, like the hospital, the old timers would
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have had a much shorter stay. It is the urban comfort in the mountains that makes the
difference. One can somehow grow older and still stay young in Vail.
Growth is a two edged sword. It has been a challenge for Vail to remain one of the
nation's most popular destination resorts, particularly while sitting on one of the three
biggest Interstate highways in the country with its constant flow of people and commerce.
Vail has made this easy access a plus... minimum time lost getting to the resort,
maximum time on the slopes.
Today the perfectly groomed mountain offers a wonderful experience to those would
have found the slopes in the early years far too challenging. Today powder is a friendly
word for everyone, not a warning to beginners. We can thank "Sarge" Brown for this. Of
course the equipment has changed too. "Cheater" skis that hatched out of Vail resident
Howard Head's inventive mind have evolved into much easier- to- turn tools that have
made the sport even more available. And the latest high speed lifts maximize slope time.
People like Pepi and Sheika Gramshammer set a high standard for lodging and dining in
the early years as did the Gorsuch's for apparel and equipment. Lots of healthy
competition has followed, giving the town its wonderful variety and international charm.
I could go on telling the Vail story, listing more heroes, but that's the mission of the Vail
50 Anniversary DVD project, to create a permanent record of the history of Vail that
will inspire all who come to Vail, to visit, or to call home.
The Town of Vail will be a Gold Sponsor with acknowledgement on the packaging and
in the film.
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The Project
The purpose of this project is to create and distribute a broadcast quality hour for national
television as well as another hour of "scrapbook" material, on the history of Vail and the
people that made it happen. The broadcast quality hour will be made available to PBS,
the History Channel, and other networks and cables interested in airing the Vail story.
Both hours will be available for purchase in a DVD set, packaged attractively for retail
sales.
Initial Development Phase
- Review and edit all available historical film footage sound, and still photography
about Vail and the Eagle River Valley.
- Transfer all the useful material to HD DVD.
- Interview anyone who might contribute to the story of the history of Vail.
-Edit historical sequences.
- Develop refine the story.
Film Production
After we have assembled all available Vail historical material, as well as interviews with
people who have had a significant involvement in the history of Vail, we will begin the
larger editing process and create a shot list (story board) that fills in the blanks and covers
the Vail scene from 1961 to the present; the people, the trails, the lifts, the villages,
seasonal amenities, and events that demonstrate Vail's character and community spirit.
Major shooting will follow, a script will be written, a narrator recorded, music selected,
and final editing completed. The completed DVD set will be released in late November
2012.
Disc Content
The disc set will contain:
1. A one hour broadcast quality documentary on the history of Vail. This disc will be
designed to entertain audiences around the world; some may never have skied or visited
Vail, as well as skiing public.
2. A scrapbook hour titled "Vail, Pieces of Time" designed primarily for local viewing.
This hour will have images submitted by locals and repeat visitors about their
experiences in Vail during the last fifty years, and longer stories on people briefly
mentioned in the broadcast documentary.
3. An index and menus that will allow people to easily navigate to their favorite place,
person, family, or event.
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Other Possibilities Under Consideration
1. An interactive link to various web sites to view additional material and possible online
contests (while viewing of the DVD on a networked device).
2. An open invitation to submit special personal stories about experiences in Vail. These
submissions can be entered into periodic contests to win items like a day pass. The
purpose of these submissions will be to raise awareness and increase excitement about
the DVD project. The best of these will become part of the "pieces of time" collection.
3. There are constantly changing opportunities to use parts or the whole of the Vail 50
Anniversary productions in various media and internet applications. We will facilitate
these efforts.
4. Research, interviews, and photos acquired for the DVDs will be shared with John
Horan Kates who is doing a book for the 50 Anniversary.
Vail 50 DVD Draft Budget
Introductory notes, development
The development period will be devoted to reviewing the many hours of old films that
are about Vail, about the Colorado ski resorts including Vail, and anything else that might
bare on the story. This will include material from all seasons.
We have much of the film covering the first 25 years of Vail organized as a result of the
production of the 1987 "Vail; Wilderness to World Class" documentary however this
material needs to be refined and updated. The work tapes are primarily on 1" video which
is high quality. Additionally old footage not in "Vail; Wilderness to World Class ", will be
reviewed, edited, and transferred. All this material, plus new shooting, will be
incorporated into a contemporary Vail history documentary with new music, effects,
editing.
The finished DVD set will contain one hour of broadcast quality material, plus one hour
of "scrapbook" material not used in the broadcast documentary but still worthy of being
on the DVD..
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Budget
Total budget for the entire production, not including DVD copies;
$253,440.00
Development budget ------------------------------------------------------- - - - - -- $67,440.00
Development related to reviewing and transferring
all old Vail footage and sound.
Steenbeck flatbed editing machine purchase --------------- - - - - -- 2,000
The Steenbeck allows us to review film
without scratching it.
Space to house old film and editing equipment -------------- - - - - -- 4,200
36 months (Brown has actually been
storing this film for 47 years).
RCB time interviewing, reviewing,
editing, and writing treatment ------------------ - - - - -- 30,000
Transferring film, stills, and video to DVD -- - - - - -- 23,000
Camera purchase (acquired) ----------------- - - - - -- 4,000
Travel ----------------------------------------------- - - - - -- 4,240
Production (shooting and recording) ---------------------------------------- - - - - -- 60,000
Post production ------------------------------------------------------------------ - - - - -- 86,000
Editing @$2,000 /day. Includes facility, equipment,
editor and assistant editor. ------------------------------- - - - - -- 30,000
Original music --------------------------------------------- - - - - -- 20,000
Script------------------------------------------------------- - - - - -- 10,000
Narrator----------------------------------------------------- - - - - -- 6,000
Producer and outside director fees
RCB-------------------------------------------------------- - - - - -- 10,000
Outside director, Nick Brown, consultation ----------- - - - - -- 10,000
Overhead ------------------------------------------------------------------------- - - - - -- 40,000
Accounting ------------------------------------------------ - - - - -- 3,600
Insurance -------------------------------------------------- - - - - -- 3,000
Legal ------------------------------------------------------ - - - - -- 5,000
Contingency---------- - - - - -- ---------------------------- - - - - -- 28,400
There are many unknowns with this project, information we will not have until the
project is well underway; therefore the need for a contingency.
Total --------------------------------------------------------------------------- - - - - -- $ 253,440
8
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Sponsorship Opportunities:
Title Sponsor — `Presented By' — $150k — Receives full credit on the front
of DVD sleeve as well as at the beginning and end of the film.
Gold - $30k — Receives acknowledgement on the DVD sleeve and at end of
film.
Silver - $25,000k — Receives credit at end of film, menu item "sponsor"
available.
Bronze - $10,000k — Receives credit at end of film, menu item "sponsor ".
Patron - $5,000k — Receives credit at end of film.
Benefactor - $100 or more — Receives block credit.
Sponsorship Opportunities
Per /yr
Sponsorship # of Commitment Per
Level Sponsors Per Level Sponsor TOTAL
Title Sponsor 1 $150,000 $50,000 $150,000
Gold 1 $30,000 $10,000 $30,000
Silver 1 $25,000 $8,334 $25,000
Bronze 2 $10,000 $3,334 $20,000
Patron 8 $2,500 $1,666 $20,000
Minimum One time
Benefactor Balance $100 Commitment $8,500
Total $253,500
Total Budget: $ 253,440.00
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Vail 50 DVD Timeline
TASK 2010 2011 2012 TOTAL
Development
Review, edit and 0
transfer old material
Interviewing
Production /Shooting
Post Production
Fine Cut
DVD Release NEON[=
TOTAL $80,000 $80,000 $93,440 JW53.440
Note: Originally the budget was considerably higher but the bad
economy has forced us to reduce our expectations. If we are able to
raise money more than budgeted it will improve things like the quality
of music we are able to acquire, special effects, etc. But I am
confident that we can produce an excellent film with the budget as
outlined.
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TREATMEI T
(Notes on subjects under consideration)
Opening: Three to five minutes.
1. Aerials of the majestic Rockies. Vast sometimes threatening sometimes inviting
terrain. Seemingly endless beautiful slopes. Discover Vail after passing over the Gore
Range or the Holy Cross Wilderness.
2. 1. A visual essay on the excitement of skiing- gravity, snow, speed, exploration of
terrain. Excitement at any skill level ... all ages
3. An antidote to urban civilization- introspective thoughts expressed under POVs of
skis and snow boards flying over (and through) the snow.
The Story.
1. The beginning (re- enactment). Earl Eaton's father, a logger, is working at what is
now Beaver Creek, He cuts down a spruce tree, takes a chunk of it home and makes a
pair of skis for young Earl to ride to school on. The school is downhill from their log
cabin.
2. Move forward to World War II, and shots of the 10 mountain ski troopers
training at Camp Hale, not far from where Vail is now. War film in Italy. Narration,
"Some soldiers came back to Colorado. These men harbored the universal dream of
making a living at what they really liked to do, ski. Pete Seibert and Earl Eaton were
among these hopefuls. They embodied the child that is in all of us, the dream of building
an idyllic playground in the wilderness. They started by getting any work they could in
the ski business.
Pete and Earl didn't meet in Europe but they crossed paths in Colorado. The two were a
perfect match. Pete had the ambition and connections, Earl was an Eagle County native
who had scouted most of the skiable terrain in the Colorado Rockies. Their war
experiences had toughened them, particularly Pete. Tenacity was an essential ingredient
and Pete had more than his share of it.
3.. Earl introduces Pete to what is now Vail Mountain.
4. Pete starts to line up investors
George Caulkins, chief fund raiser, wife, Elli
Dick Hauserman, Blanche ( Christie Hill )
Jack Tweedy, wife, Penny, horse racing, owner of Secretariat
Harley and Larraine Higbie
Ben and Maude Duke, Gates Rubber
Moose Taylor, mining, wife Anne
Keith Brown, wife Carol, daughter Susan
John Murchison, Texas oil man, biggest initial investor
Fred and Erma Lazarus
Bob Fowler
Gerry Hart
Charley Meyer
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Chuck Lewis
Dick Bohr
Bill Coleman
5. They acquire the private land at the base of the mountain.
6. The trails and lifts are designed and built.
Earl Eaton, the finder, works at installing the lifts and clearing the trails.
Bob Parker gets the lifts delivered on time.
Bill "Sarge" Brown, an innovative mountain manager, designs machines to
groom the snow to perfection.
7. Selling the resort.
Bob Parker- marketing director
8. A town is created
Fitzhugh Scott, architect
Bob Parker adds the gas line to his duties
John Dobson is the first mayor.
Joe Staufer - pushes through an innovative parking garage,
Ted Kindel, mayor
Gordon Brittan, hospital
Dr.Tom Steinberg, hospital
Rod Slifer, mayor
George Knox- The Vail Trail
9. The ski school.
Morrie Shepard, first director
Ludwig Kurtz,
10. The '76 Olympic bid
Merrill Hastings, magazine publisher
Dick Lamm, governor to be, shoots it down
11. Executives that follow Pete.
Dick Peterson
Harry Bass
Harry Frampton
Jack Marshall
Jerry Jones
George Gillett
Andy Daly
Adam Aron
Chris Jarnot- local who works up through the ranks
John Garnsey
13. Other interesting characters and celebrities
Gerald Ford
Howard Head, inventor, entrepreneur
Tom Watson Jr. IBM
Roger Staub, 1960 Olympic gold medal winner
Buddy Werner, racer, inspiration for kids ski racing program
Lowell Thomas, radio journalist
Ann Taylor, WWII pilot trainer and ski fashion designer
12
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Families of the people listed will be documented where appropriate.
Note: Obviously we cannot develop all of the characters listed, but I plan to interview
most of them and then decide about inclusion in the editing.
14. Other locals
Pepi and Sheika Gramshammer- Austrian ski racer,
Las Vegas dancer, hotel owners
Bill Whiteford, Casino Vail, Greta, Batten
Dave and Renie Gorsuch, Olympians, ski shop owners
John and Diana Donovan, Carrie
Joe and Ann Staufer, Jonathan
Don and June Simonton, Denny and Cliff
Warren and Helga Pulis
Bob, Diane, and Buddy Lazier, car racing
Joe and Bunny Langmaid, Charlie, Lynne, Kim
Bill Hanlon
The Gartons; Dave, Tim, and Rob, Bart
Bud Palmer, sports announcer, host of NYC, New York Nicks player
Chuck Lewis
Paul Testwuide, ski patrol to VA executive
Elaine and Art Kelton
Christie Hill ( Blanche Hauserman ) ski school parka design
Jim and Daphne Slevin
Vi and Byron Brown, son Mike- national team ski racer
Packy Walker
Shirley Ward
Chuck and Meredith Ogilby
Doris and Dick Bailey
Jebbie Browne
Annalese Freeman
John and Laurie McBride, built the Clock Tower Bldg.
Barry Stott, photographer
Peter Runyon, photographer, County Commissioner
Jack and Joan Carney
Helmut Fricker, street entertainer
Chupa Nelson, gondola accident rescue story
Walter and Marie Claire Moritz, restaurant owners
Jimmy Heuga, Olympic racer, MS foundation
Marge and Larry Burdock, Red Lion
Diane Boyer, Ski Industries America Chair
John Horan Kates, Vail Valley Foundation; Vail Leadership Institute
Chuck Ogilby, stopping diversions in the Holy Cross
John Dakin
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Steve Haber, Bolle
Cathy and Morgan Douglas
Dr. Jack Eck
I interviewed many of the people listed when I made the "Vail, Wilderness to
World Class" film in the late `80s, but I have not done much since then. Vail
Resorts has lots of Betacam material shot for various purposes between 1988 and
now which we will review. I am open to suggestion for inclusion of people and
subjects that are not listed here. Where nothing else is available we will look at
still photographs to tell the stories.
I also know many out of town cinematographers that have done work in Vail and
have material that may be useful to us.
Activities
1. All season recreation, early
Hunting
Fishing
Hiking
Horseback riding
I Oth Mountain Huts, Buck Elliot
Road biking - Ceasar Moretti
Golf
Tennis
Rafting
2. New sports
Hockey- Mery Lapin
Kayaking
Mountain biking
Snowmobiling
ATV's
Ice climbing on the Fang
Rock climbing
3. The 76 Olympics fiasco
The Second 25 Years
Note: This needs research as I was not as involved with the resort during these years. We
will review all of the film, video, and stills taken during this period. (This info overlaps
the first 25 years in part.)
1. Spreading down valley (the whole county becomes "Vail ")
2. Beaver Creek
3. Freestyle; jumps, stunts, and accidents to Olympic events
Footage from Vail Pass (The Edge, the Magic Skis)
14
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The Hart Skis film series.
4. Snowboarding
This story is like freestyle. Bad boys from the other side of the tracks make good.
Pin down the first snowboarding in Vail, first events. When did the ski
school pick it up? Am Menconi. Olympics.
5. Skiers, contemporary
Lindsey Vonn
Sarah Schleper
Others, snowboarders, etc.
7. Ski racing, part of Pete Siebert's original dream.
Early training camps in the '60s
Beaver Creek, Olympic trails
Birds of Prey downhill
'89 World Championships
World Cup races
8. Other changes, issues, struggles
Dealing with success and managing ( or not managing) growth.
Loss of the cowboy culture
Environmental battles
Water - stopping the DWB
Open space, the Land Trust
Struggle for locals to live next to extraordinary wealth
9. Transportation: Airport, parking, roads, and dreams of rail?
10. Events; sports, arts, music, etc.
Facilities; Dobson Ice Arena, Ford Amphitheatre, Donovan Pavilion
11. Lodges, restaurants and bars. Again, we can only give this limited attention in a
documentary; more about colorful chefs than meals.
12. Mountain Developments.
The mountains will be developed as a personalities of their own
throughout the DVD production. Grooming will be covered within the
Sarge Brown story for instance.
13. This is Vail's story, not Beaver Creek's, but in so far as they are intertwined both
will show up in the productions.
Significant Dates
1962 Vail opens
The incredible Back Bowls
1970 LionsHead opens
1973 chair 10 opens
1974 chairs 11 and 14 open
1976 Beaver Creek is permitted
The Birds of Prey
1977 Harry Bass takes over Vail Associates
1985 George Gillett takes control of Vail Resorts
1987 chair 21 opens accessing Tea Cup, China, and Inner Mongolia Bowls.
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1989 World Alpine Ski Championships
1996 Eagle Bahn gondola opens out of LionsHead
1999 World Alpine Ski Championships
2000 Blue Sky Basin opens ( a whole new mountain)
? Adam Aron takes over as CEO of Vail
? Chris Jarnot takes over as CEO of Vail
20125 01h Anniversary
Vail today. Aerials of the mountain and the village, trail management and grooming,
high speed lifts, event parks in all seasons, ski and snowboard schools, the turned on
public.
Close. Montage of old and new.
Roll on credits
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Filmmaker Experience
Partial List of Credits
Roger C. Brown
Roger Brown has received four national Emmys. He has received twenty eight national
and international first place awards, including grand prizes at the International Ski Film
Festival, the American Film Festival, the Sunset Film Festival, and the Cortina Film
Festivals and first place awards at the Michigan Outdoor Writers, Trento, Venice,
Palermo, Telluride, and Banff Mountain Film Festivals. He has received 18 Cinc Golden
Eagles and two Cleos.
Brown was listed in Ski Magazine's 100 most influential skiers of all time and has
received a Lifetime Achievement award from the International Skiing History
Association. He has been a guest of honor at the Telluride Mountain Film Festival on two
occasions.
Brown's sons Nick, Michael and Gordon have expressed an interest in working on the
Vail 50 t1i project. Following are some of their credits.
Nicolas Brown
1 ote: Nick may offer us our best chance for getting national and international exposure
for the Vail 50 documentary because of his proven international track record and his
connections in the television industry.
In Production
THE HUMAN PLANET 2X 60 (DOC) BBC 1 (due 2010)
PRODUCER/ DIRECTOR: A BBC "super- landmark" series
to follow the BBC's Planet Earth. Two years in the making, this project will be a
sweeping look at man's relationship with nature in the most iconic environments
on Earth. Brian Lieth, Executive Producer, BBC NATURAL HISTORY UNIT.
Most Recent Films
DISCOVERY PROJECT EARTH 1X 60 (DOC) DISCOVERY
PRODUCER/ DIRECTOR: The Discovery Channel's most
expensive and ambitious series to date. The production finances 7 geo-
engineering projects to save the environment from global warming. Aerial
Reforestation. Tim Haines, Executive, IMPOSSIBLE PICTURES.
EXPEDITION ALASKA 1X 120 (DOC) DISCOVERY
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DIRECTOR/ CAMERA: Steve Backshall (biologist/
presenter) and Sanjayan Muttlingham (lead scientist for the Nature Conservancy)
lead a team of scientists and wildlife filmmakers to study climate change in the
great wilderness of Alaska. Steve Robinson, Executive Producer, INDUS FILMS.
HD ATLAS: France 1X 120 (DOC) DISCOVERY
DIRECTOR/ CAMERA: Blue chip, high definition study of the
country of France, as seen through the eyes of 8 extraordinary people. Alan
Eyres, Producer, WALL TO WALL TELEVISION.
ENERGY, Building the Future 1X 60 (DOC) DISCOVERY
BEST ENVIRONMENTAL FILM, TELLURIDE MOUNTAINFILM FESTIVAL
PRODUCER/ DIRECTOR: A "Blue Chip" look at how we will
get our energy in the future. Examining at 5 sources, from methane hydrates to
nuclear fusion. Rod Parker, Series Producer, WALL TO WALL TELEVISION.
CLIMATE CHAOS with Sir David Attenborough: 2X 60 (DOC), BBC 1
GRAND PRIZE WINNER, INTERNATIONAL WILDLIFE FILM FESTIVAL,
MISSOULA MONTANA (PLUS 5 ADDITIONAL CATAGORIES)
GRAND PRIZE WINNER, FIRST CHINESE ENVIRONMENTAL FILM
FESTIVAL XU YI, YUNAN PROVINCE
CLIMATE CHANGE AWARD, CMS VATAVARAN FILM FESTIVAL,
NEW DHELI, INDIA
BEST SCIENCE FILM OF 2006, EUROPEAN BROADCAST COMMISSION
(EUROVISION)
NOMINATED FOR OCTOBER 2008 WILDSCREEN FILM FESTIVAL
DIRECTOR: "Blue Chip" BBC films on Climate Change,
famously influenced Blair Government Policy. First time in history an
environmental film rates 5.5 million viewers. Presented by Sir David
Attenborough. Sacha Baveystock, Series Producer, BBC SCIENCE.
THE TRUTH ABOUT GLOBAL WARMING: WHAT YOU NEED TO
KNOW with Tom Brokaw: 1X 90 (DOC) DISCOVERY, NBC
EMMY AWARD 2007 AWARD
DIRECTOR: A hard hitting look at the evidence and the facts
surrounding the issue of our times. Presented by NBC's Tom Brokaw.
Discovery's highest rated special of the year. Emmy for Excellence in an On-
Going News Story - Long Form. Paul Gasek, Executive Producer, DISCOVERY.
COLONIAL HOUSE: 2X60 OBSERVATIONAL, PBS, CHANNEL 4
PRIME TIME EMMY NOMINATION
PRODUCER/ DIRECTOR Highest rated PBS series in 2
years. 26 people go back to the year 1628 to build a New England Colony.
Leanne Klien, Executive Producer WALL TO WALL TELEVISION
18
7/6/20 10
6 -1 -s?
FRONTIER HOUSE: 3X60 OBSERVATIONAL, PBS, CHANNEL 4
PRIME TIME EMMY NOMINATION
PRODUCER/ DIRECTOR: Highest rated PBS series in 5
years. Three families travel back to 1883 to homestead in the Montana Territory.
Alex Graham, Executive Producer: WALL TO WALL TELEVISION
Michael Brown
Producer, /director of "Farther than the Eye Can See ", a documentary about the blind
climber Eric Weihenmayer's ascent of Mt. Everest. This film has received 18 film
festival awards. Michael has summited Everest five times shooting films.
Gordon Brown
Three national Emmys for cinematography. Featured in the Imax film "Mystery of the
Nile" where he was both kayaker and cinematographer on the 3000 mile first descent of
the Blue Nile River in Africa. Gordon has been a Director of Photography on dozens of
adventure productions shot worldwide.
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APPLICATI01 FOR TOWI OF VAIL FUI DII G
Town of Vail
Attn: Andy Janusz
75 S. Frontage Road
Vail, Colorado 81657
For questions regarding the application please contact David Ehrlich (303- 709 -9089) or
DEhrlich 1156(ygmail. com
Application for 2010 Interim Funding of Vail Entertainment District
1. Name of organization: Vail Entertainment District LLC
2. Contact person: David Ehrlich /Alby Segall
3. Mailing address: FinWater Advisors LLC
215 Fairfax Street
Denver Colorado 80220
DEhrlich 1156 @gmail.com
4. Telephone: 303 - 709 -9089
5. Members and Titles of your governing board: David Ehrlich — Member
Alby Segall - Member
6. Amount of contribution requested: $40,000
7. Why was this not part of the normal contribution request process for 2010
budgeting (due June 26, 2009)? We began our discussions with the Town
of Vail and local stakeholders in 2010.
8. Organization fiscal year -end: December 31
9. Are your books audited? I of currently, however they will be if the Vail
Entertainment District is approved by Town Council and launched.
10. How will the contribution be used? Consulting services through complete
launch of the district: see Annex A - Financial Information
7/6/2010
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11. How does your request support item 1 C of the contribution policy?
The Vail Entertainment District will create an experience for Vail guests that
is appropriate for the best ski resort in the World. There are two primary
benefits:
(A) I eighborhood and Destination Through increased vitality and guest
information, the Vail Entertainment District (VED) will enhance Vail Village
and Lionshead as visitor destinations. Applying best practice technology and
attractive presentation, the VED media platforms will allow Vail guests to
know where to go and when to be there. Previews, live feeds and promotional
opportunities will enhance the experience and create a state of the art
information network so that people can fully experience the unique nature of
Vail.
(B) An Economic Opportunity for the Town VED will fund itself. There
are no new taxes and no public money required to launch VED.
Additionally, VED will generate revenue for the Town.
VED will generate revenue in several ways. First, by marketing and
directing people to core Vail assets, VED will enhance the guest experience
for local hotels and restaurants. Making it easy for guests to experience all
Vail has to offer will be a primary economic benefit of VED.
Additionally, the district can fund supplemental activities that add vitality to
Vail's existing public art and music performances. With exciting events
already in place, VED will work to increase attendance and enhance the
attendee experience.
Finally, to the extent VED media platforms are placed in the public right of
way, the Town will receive a revenue share from such platforms that can
offset current Town costs.
12. Who currently funds your organization (other governments, private donations,
user fees, etc.)? Vail Entertainment District has been self funded to date.
13. Organization's mission statement: Use light, art and vitality in unique and
special ways to supplement the Vail experience for all Vail guests.
7/6/2010
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Annex A — Financial Information
VAIL Entertainment District
(VED)
Total City hard costs = $20,000 - 40,000 - Time estimated from inception to launch: 11 - 16 months
Bracketed items are not Town
costs
Plan/Code PHASE 1: Sign
Objectives:
Verify geographic boundaries of proposed district with Town Staff
Work with Town Attorney and Planning on proper legal course for zoning revisions
Build district sign plan withTown Staff based on boundaries
Build preliminary proforma /model
Complete presentation process for key stakeholders
Timeline: 4 - 6 months
Budget: CONSULTING PHASES I -IV 20,000
(normally 10 -12 month process at $10,000 /month)
TRAVEL /ENTERTAINMENT Trade
LEGAL (not a Town cost) [$30,000 - 50,000]
COLLATERAL (not a Town cost)
Interactive sign plan [25,000]
Enhanced presentation [20,000]
Phase I Subtotal: 20,000
7i6i2010
6- 1 -56
PHASE II: Approval Process
Objectives:
Formal presentations starting at committee level to City Council passage
Media company leasing effort
Media company pre- engineering review
Finalize cost and revenue projections for pro forma
Timeline: 3 - 6 months
Budget: LEGAL (not a Town cost) [50000]
Media Company negotiations
CONSULTING 20,000
Alby /David approx 20 trips
COLLATERAL [5000]
Revised printed sign plan (media company cost)
Web based posting of sign plan for
viewing
ADMINISTRATIVE /FILING [5000]
Town application fees
Miscellaneous office expenses (overnights, printing, etc.)
Media Company leasing
Earnest money to secure leases
Phase III $
Subtotal: 20,000
— PHASE III: Pre-Construction
Media Company Objectives:
Finalize pro formas
7/6/2010
6 -1 -57
Secure entitlements (permits) for district
Finalize engineering plans
Order infrastructure / plan construction schedule
Installations
3
Timeline: months
Budget: LEGAL /LOBBYING [10000]
Expedite permits
ADMINISTRATIVE /FILING [30000]
Permit fees (building, electrical, road blockages)
ENGINEERING [30000]
Construction plans and drawings
Phase IV
Subtotal: $ -
* Costs to be determined by media
company
Construction 1 - 2
months
7i6i2010
6 -1 -58
'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: First reading of Ordinance No. 12, Series of 2010, an ordinance amending
Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, to
allow applications to be made for additional GRFA prior to all the allowable GRFA being
constructed on a property, and setting forth details in regard thereto. (PEC100021)
PRESENTER(S): Bill Gibson, Planner
ACTION REQUESTED OF COUNCIL: Pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, the Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
12, Series of 2010, on first reading.
BACKGROUND: Pursuant to Sub - section 12- 3 -7 -B, (Amendment) Initiation, Vail Town Code,
amendments to the Town Code may be initiated by the Town Council, Planning and
Environmental Commission, any resident or property owner, and the Administrator. At its April
12, 2010, public hearing, the Planning and Environmental Commission initiated an application
for amendments to the Town of Vail Zoning Regulation's "Additional Gross Residential Floor
Area (250 Ordinance)" standards.On June 14, 2010, the Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council on prescribed
regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to
allow applications to be made for additional GRFA prior to all the allowable GRFA being
constructed on a property, and setting forth details in regard thereto, by a vote of 6 -0 -0.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 12, Series of 2010, on first reading.
ATTACHMENTS:
Town Council memo
Ordinance No. 12, Series of 2010
PEC memo
PEC results
7/6(2010
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: July 6, 2010
SUBJECT: Ordinance No. 12, Series of 2010, an ordinance amending Section 12 -15 -5,
Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code, to
allow applications to be made for additional GRFA prior to all the allowable
GRFA being constructed on a property, and setting forth details in regard
thereto. (PEC100021)
Applicant: Town of Vail
Planner: Bill Gibson
I. DESCRIPTION OF THE REQUEST
The applicant, Town of Vail, is requesting a first reading of Ordinance No. 12, Series of
2010, an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area
(250 Ordinance), Vail Town Code, to allow applications to be made for additional GRFA
prior to all the allowable GRFA being constructed on a property, and setting forth details
in regard thereto.
Pursuant to Sub - section 12- 3 -7 -B, (Amendment) Initiation, Vail Town Code,
amendments to the Town Code may be initiated by the Town Council, Planning and
Environmental Commission, any resident or property owner, and the Administrator. At
the April 12, 2010, Planning and Environmental Commission's public hearing, the
Commission initiated the request for a prescribed regulations amendment application to
consider changes to the Town's 250 Ordinance regulations. The Commission requested
that Town Code amendments be considered to allow applications for the construction of
additions to existing residential dwelling unit utilizing the Additional GRFA 250 Ordinance
provisions prior to all the allowable GRFA being constructed on the subject property.
The proposed text amendments as they relate to single - family and two - family structures
are as follows (text deleted is in stF text added is in bold, text not affected by
this amendment has been omitted):
12- 15 -5 -C: Single - Family Dwellings And Two - Family Dwellings In Zone Districts
Other Than The Single- Family Residential (SFR), Two - Family Residential (R),
And Two - Family Primary/Secondary Residential (PS) Districts:
6. Applicability: No pooling of gross residential floor area shall be allowed in
single- family or two - family dwelling units. No application for additional GRFA
shall request more than two hundred fifty (250) square feet of gross residential
floor area per single- family dwelling or two - family dwelling n or ° " °II °n„
a4
alln 1^��
Minn he mad r additnn�l G F4 i�n� ciinh ,i-1 a ;;s I fhe �ey
`"!'"M��"`"crc�n — �rr e n�cr� cr i c �uvr t
r zn II rcr�a. an Il vwa-prc
aRF hoc hoop nnnc�nfPd on the r i or pp#Ga n is es
nre
in nnn i
v rcr�- - -r�-pc �vnv vc � Fi�IJ � � an a PF^ °a��F /. � r �� i QTY
� rli iiIRG{in�� t,h�� atinn f Iinnal GRRA that -'ftf .� "I° 664 fort, eprepeFy Applications for additional GRFA may be
submitted before all the allowable GFRA has been constructed on the
property.
1
7/6/2010
7 -1 -1
The proposed text amendments as they relate to multiple - family structures are as follows
(text deleted is in st text added is in bold, text not affected by this
amendment has been omitted):
12- 15 -5 -D: Multi - Family Dwellings:
Applicability: The provisions of this section are applicable only to GRFA additions
to individual dwelling units. No pooling of GRFA shall be allowed in multi - family
dwellings. No application for additional GRFA shall request more than two
hundred fifty (250) square feet of gross residential floor area per dwelling unit -neF
III _ny appgGagop be —m maa� f o r �rlrliti�nol GRFA U c �avrrt av -;;U + mom ° .
a4lni'ya - We r`OCA has boon nnnc +n un+orl nn the „r,, 9 49 1 when exterior additions
are proposed to a multi - family structure, the addition of the GRFA shall be
designed and developed in context of the entire structure. Applications for
additional GRFA may be submitted before all the allowable GFRA has been
constructed on the property.
As further elaborated in the June 14, 2010, Staff memorandum to the Planning and
Environmental Commission, the following are "pro's" and "con's" of the proposed text
amendments:
Pro's
• The time and costs associated with re- calculating GRFA for existing multiple -
family developments have been disincentives for redevelopment to some
property owners. The proposed amendments defer the burdens of re-
calculating GRFA, thus creating an incentive for redevelopment.
• The proposed amendments do not alter the purpose of the 250 Ordinance to
"provide an inducement for the upgrading of existing dwelling units" Bringing
existing multiple - family properties into compliance with the Town's design
guidelines may be achieved sooner if the 250 Ordinance is utilized before the
allowable GRFA on a property has been constructed.
• The proposed amendments will simplify the administrative process of
determining homeowner eligibility to construct the additional floor area
allowed by the 250 Ordinance.
Con's
• The proposed amendments are not simply a change in administrative
process, but a change in the Town's GRFA policies.
• The proposed amendments do not eliminate the need for homeowners to re-
calculate GRFA for existing multiple - family developments. Instead, the
proposed amendments simply defer this requirement to a later date.
• The proposed amendments do not benefit multiple - family residential
developments constructed after 1995, associations wishing to construct new
dwelling units, or individual homeowners wishing to construct additions larger
than 250 sq. ft.
• Allowing 250 Ordinance additions to be constructed prior to all the allowable
GRFA being constructed further complicates the administration of the Town's
property file record keeping which may result in the inconsistent application of
the 250 Ordinance policies.
• The 250 Ordinance has not been a guaranteed development right. Allowing
the 250 Ordinance additions to be constructed prior to all the allowable GRFA
being constructed may by default make such additions a guaranteed right.
2
7/6/2010
7 -1 -2
The proposed Ordinance No. 12, Series of 2010, (Attachment A), the June 14, 2010,
Staff memorandum to the Planning and Environmental Commission (Attachment B), the
June 14, 2010, Planning and Environmental Commission hearing results (Attachment C)
have been attached for review.
II. BACKGROUND
At its April 12, 2010, public hearing, the Planning and Environmental Commission
initiated an application for amendments to the Town of Vail Zoning Regulation's
"Additional Gross Residential Floor Area (250 Ordinance)" standards.
On June 14, 2010, the Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council on prescribed regulation
amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code,
to allow applications to be made for additional GRFA prior to all the allowable GRFA
being constructed on a property, and setting forth details in regard thereto, by a vote of
6 -0 -0.
Since the Commission's June 14, 2010, public hearing, Staff is recommending modifying
the term "property" in the proposed text to the term "development site ". Staff believes
the term development site more clearly communicates the intent of the proposed
regulations than the previously used term "property ". This change has been
incorporated into the attached Ordinance No. 12 (Attachment A).
III. RECOMMENDATION
The Planning and Environmental Commission forwarded a recommendation of
approval to the Vail Town Council for the first reading Ordinance No. 12, Series of 2010,
an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, to allow applications to be made for additional GRFA prior
to all the allowable GRFA being constructed on a property, and setting forth details in
regard thereto.
Should the Vail Town Council choose to approve these amendments, the Community
Development Department recommends the Vail Town Council pass a modification to
replace the term "property" with the term "development site" in the proposed text to
further clarify the item of the amendment. Staff recommends the proposed text read as
follows:
"Applications for additional GRFA may be submitted before all the allowable
GFRA has been constructed on the development site."
Should the Vail Town Council choose to approve these amendments, the Community
Development Department recommends the Vail Town Council pass the following
motion:
"The Town Council approves, on first reading, Ordinance No. 12, Series of 2010,
an ordinance amending Section 12 -15 -5, Additional Gross Residential Floor Area
(250 Ordinance), Vail Town Code, to allow applications to be made for additional
GRFA prior to all the allowable GRFA being constructed on a property, and
setting forth details in regard thereto. "
3
7/6/2010
7 -1 -3
Should the Vail Town Council choose to approve Ordinance No. 12, Series of 2010, on
first reading, the Community Development Department recommends the Vail Town
Council makes the following findings:
"Based upon the review of the criteria outlined in Section V of StalTs June 14,
2010, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
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; 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. "
IV. ATTACHMENTS
Attachment A: Ordinance No. 12, Series of 2010
Attachment B: June 14, 2010, Staff memorandum to the PEC
Attachment C: June 14, 2010, PEC hearing results
4
7/6/2010
7 -1 -4
ORDINANCE NO. 12
Series of 2010
ORDINANCE NO. 12, SERIES OF 2010, AN ORDINANCE AMENDING SECTION 12 -15 -5,
ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE), VAIL TOWN CODE, TO
ALLOW APPLICATIONS TO BE MADE FOR ADDITIONAL GRFA PRIOR TO ALL THE
ALLOWABLE GRFA BEING CONSTRUCTED ON A PROPERTY, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, Section 12 -3 -7, Amendment, Vail Town Code, sets forth the procedures for
amending the Town's Zoning Regulations; and
WHEREAS, on April 12, 2010, the Town of Vail Planning and Environmental Commission
initiated an application to amend the Town's Zoning Regulations, in accordance with the provisions
of Section 12- 3 -7 -B, Initiation, Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission held a public
hearing on June 14, 2010, on the application to amend the Town's Zoning Regulations, in
accordance with the provisions of the Vail Town Code; and
WHEREAS, the Town of Vail Planning and Environmental Commission has forwarded a
recommendation of approval to the Vail Town Council by a vote of 6 -0 -0 of the request to amend the
Town's Zoning Regulations; and
WHEREAS, the Vail Town Council finds and determines that the amendments are consistent
with the applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town; and,
WHEREAS, the Vail Town Council finds and determines that the amendments further the
general and specific purposes of the Town's Zoning Regulations; and,
WHEREAS, the Vail Town Council finds and determines that the 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 . Section 12- 15 -5 -C, Single - Family Dwellings And Two - Family Dwellings In
Zone Districts Other Than The Single - Family Residential (SFR), Two - Family Residential (R), And
Two - Family Primary/Secondary Residential (PS) Districts, Vail Town Code, is hereby amended in
part as follows (text to be deleted is in stFikethF9ugI4, text that is to be added is bold, and sections of
text that are not amended have been omitted)
Applicability: No pooling of gross residential floor area shall be allowed in single -
family or two - family dwelling units. No application for additional GRFA shall request
more than two hundred fifty (250) square feet of gross residential floor area per
single - family dwelling or two - family dwelling,
fer ar]d] GRF4 that „t aII aIlnyiahIe r'_DC4 ferthe pFepeFty Applications
Ordinance No. 12, Series of 2010, first reading 1
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7 -2 -1
for additional GRFA may be submitted before all the allowable GFRA has been
constructed on the development site.
SECTION 2 . Section 12- 15 -5 -D, Multi - Family Dwellings, Vail Town Code, is hereby
amended in part as follows (text to be deleted is in strikethpe gI text that is to be added is bold,
and sections of text that are not amended have been omitted)
Applicability: The provisions of this section are applicable only to GRFA additions to
individual dwelling units. No pooling of GRFA shall be allowed in multi - family
dwellings. No application for additional GRFA shall request more than two hundred
fifty (250) square feet of gross residential floor area per dwelling unit nnr � ,,.,
application he m - ade Fnr GRFA uptil cunh time as all the alleymable GRF
h_c heen n9n6tr11ntert GR the rr„rert., When exterior additions are proposed to a
multi - family structure, the addition of the GRFA shall be designed and developed in
context of the entire structure. Applications for additional GRFA may be
submitted before all the allowable GFRA has been constructed on the
development site.
SECTION 3. If any part, section, subsection, sentence, clause or phrase of this ordinance
is for any reason held to be invalid, such decision shall not effect the validity of the remaining
portions of this ordinance; and the Vail Town Council hereby declares it would have passed this
ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the
fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared
invalid.
SECTION 4. The Vail Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof. The Council's finding, determination and declaration is based upon the review
of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in
consideration of this ordinance.
SECTION 5. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding
as commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
SECTION 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 7 day of July, 2010 and a public hearing for second
reading of this Ordinance set for the 21 day of July, 2010, at 6:00 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
Richard D. Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
Ordinance No. 12, Series of 2010, first reading 2
7/6/2010
7 -2 -2
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: June 14, 2010
SUBJECT: A request for a recommendation to the Vail Town Council on prescribed
regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor
Area (250 Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, to allow applications to be made for additional GRFA prior to all
the allowable GRFA being constructed on a property, and setting forth details in
regard thereto. (PEC100021)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
A request for a recommendation to the Vail Town Council on prescribed regulation
amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code,
to allow applications to be made for additional GRFA (gross residential floor area) prior
to all the allowable GRFA being constructed on a property, 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 Planning and Environmental Commission forwards a recommendation
of approval subject to the findings noted in Section VI of this memorandum.
II. DESCRIPTION OF REQUEST
At the April 12, 2010, Planning and Environmental Commission's public hearing, the
Commission initiated the request for a prescribed regulations amendment application to
consider changes to the Town's 250 Ordinance regulations. The Commission requested
that Town Code amendments be considered to allow applications for the construction of
additions to existing residential dwelling unit utilizing the Additional GRFA 250 Ordinance
provisions prior to all the allowable GRFA being constructed on the subject property.
The proposed text amendments as they relate to single - family and two - family structures
are as follows (text deleted is in str text added is in bold, text not affected by
this amendment has been omitted):
12- 15 -5 -C: Single- Family Dwellings And Two - Family Dwellings In Zone Districts
Other Than The Single- Family Residential (SFR), Two - Family Residential (R),
And Two - Family Primary/Secondary Residential (PS) Districts:
6. Applicability: No pooling of gross residential floor area shall be allowed in
single- family or two - family dwelling units. No application for additional GRFA
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shall request more than two hundred fifty (250) square feet of gross residential
floor area per single- family dwelling or two - family dwelling nor ° " an an„
annlinatnn he „,,,.,,.I,, f,,,. .,,.I,.I r_' i n Li nh a tho nni,n hl n
�v� +cr i vn --�ti-h7dCttYi- Yftll•Xt ti I OCA ' Ltf I cio vrr[fi7Y� n ��.rr ll rcrn. an ll vw n crrnc
r hoc hoop nonc�ntPd on nro 4 , - nnlina n is nrese ,
v rcrr - - r� - pc �vnv vc �rrt
l � o � an a PF ^ °a ��F r QT Y
n rlino i
in noni4nn n 4 , the nnli i
naton for arlrliti l ona GRFA that ili c
`RFa Wxa all
nvltt 144
Tr -vvrtH h a
cra�nvcrcrorrrvr crcrcrrcro cvzrrr
allov ° C „ .ArTCrt,",f°prepeFt . Applications for additional GRFA may be
submitted before all the allowable GFRA has been constructed on the
property.
The proposed text amendments as they relate to multiple - family structures are as follows
(text deleted is in stF +h Fe ,nh text added is in bold, text not affected by this
amendment has been omitted):
12- 15 -5 -D: Multi - Family Dwellings:
Applicability: The provisions of this section are applicable only to GRFA additions
to individual dwelling units. No pooling of GRFA shall be allowed in multi - family
dwellings. No application for additional GRFA shall request more than two
hundred fifty (250) square feet of gross residential floor area per dwelling unit -neF
all an„ apgGatin�ma tinnal GRFA U 6-ur --h AIm7raS all the
a4lovn,ahle G hac heen nonctnUntarl on -the nronarh, When exterior additions
are proposed to a multi - family structure, the addition of the GRFA shall be
designed and developed in context of the entire structure. Applications for
additional GRFA may be submitted before all the allowable GFRA has been
constructed on the property.
II. BACKGROUND
The 250 Ordinance provision allows additional gross residential floor area (GRFA) to be
constructed in excess of the GRFA limits prescribed by the various zone districts as an
incentive for homeowners to upgrade their existing properties.
The original 250 Ordinance regulations were adopted through Ordinance No. 4, Series
of 1985, based upon the following:
"WHEREAS, the Town of Vail Community Action Plan encourages the upgrading
and remodeling of existing structures; and
WHEREAS, the Town Council is of the belief that it would benefit the health,
safety, and welfare of the Town of Vail to allow property owners to add up to an
additional 250 square feet of Gross Residential Floor Area (GRFA) as an
inducement for the upgrading of existing structures which are five years old or
older. "
The original 250 Ordinance granted an additional 250 sq.ft. of GRFA to every dwelling
unit existing for more than 5 years. To utilize this additional floor area, property owners
were required to demonstrate compliance with a list of criteria including: compliance with
the Town's other zoning regulations (or obtain a variance), existing garages would not
be converted to GRFA unless a new garage was proposed, final certificates of
occupancy had already been obtained for the existing structure, and the additional floor
area would not be used to enclose deck and balconies in multi - family dwellings.
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Ordinance No. 6, Series of 1995, an ordinance which precluded "demo /rebuild" projects
from qualifying for the 250 Ordinance additional floor area, more thoroughly outlined the
original intent of the 250 Ordinance as follows:
"WHEREAS, prior to 1985 the Planning and Environmental Commission
entertained many requests for GRFA variances for small additions to homes that
provided primary residence; and
WHEREAS, such applications were to improve the property and enhance its
livability such as a mud room, an airlock, enlarging an existing room or adding a
bathroom; and
WHEREAS, much of the housing stock was originally built for vacation use and
needed small improvements to be better adaptable to full time living; and
WHEREAS, these dwelling units in many instances did not meet the Design
Review Guidelines in regard to landscaping, paved driveways, paved parking
areas and undergrounded utilities; and
WHEREAS, it was apparent that the increase in GRFA would be offset by the
enhancements to the property which resulted in a benefit to the Town by
improving the housing stock; and
WHEREAS, the Town Council has studied the effects of Chapter 18.71 in the
Town of Vail as it has been applied; and
WHEREAS, this examination has led the Town Council to find that there have
been abuses of the additional GRFA process and that the original intent of the
allowance of additional GRFA is not being met in the majority of the 250
additions', and
WHEREAS, The Town Council finds that allowing a demo /rebuild to take
advantage of an additional 250 square feet has not met the purpose and
intention of the ordinance and does not prove to be an inducement for the
upgrading of existing housing stock but rather simply confers a benefit upon an
individual with no benefit being conferred upon the Town; and
WHEREAS, Council finds it is inappropriate to allow an additional 250 square
feet in the instance of a demo /rebuild where the same advantage is not provided
to a parcel of land, or lot similarly situated that has never been developed. "
In addition from precluding demo /rebuild projects from utilizing the additional floor area
provisions, Ordinance No. 6, Series of 1995, further clarified that applications for
additional floor area could not be submitted "until such time as all allowable GRFA has
been constructed on the property" and that any addition involving exterior changes to a
building required Planning and Environmental Commission review.
In 1997, the Town of Vail adopted the "Interior Conversion" provisions to supplement the
250 Ordinance by allowing property owners to "convert" interior spaces of an existing
building to GRFA if that property had no remaining allowable GRFA by the limits
prescribed in the various zone districts.
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In 2004, the Town of Vail revised the GRFA regulations in the Town's residential
districts. The Planning and Environmental Commission recommended eliminating the
250 Ordinance and Interior Conversions in all residential districts. The Town Council
chose to eliminate the 250 Ordinance and the Interior Conversion only in the lower
density districts (Single Family, Two - Family, Two - Family Primary/Secondary). The
allowable GRFA limits in these districts were adjusted to grant an increase in the
allowable floor area equivalent to the 250 and an Interior Conversions. Today, existing
individual dwelling units in the multi - family districts and the mixed -use commercial
districts are still eligible to utilize the 250 Ordinance to construct new gross residential
floor area (GRFA) beyond the limits prescribed in the district.
As thoroughly discussed by both the Town Council and the Planning and Environmental
Commission, the 2004 GRFA amendments did not simplify the Town's development
review process. It was acknowledged that the code changes not only created multiple
calculation methods, created new credits such as the "basement deduction ", but also
rendered the Town's historic GRFA records worthless. It was acknowledged in 2004
that future new construction or remodel projects would be required to re- calculate their
existing GRFA and could not defer to the Town's archives for this information. As
required by the Town Code, all construction projects involving 250 Ordinance and
Interior Conversion GRFA bonuses since 2004 have been required to complete this task.
IV. APPLICABLE DOCUMENTS
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.
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.
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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.
12 -15 -1: PURPOSE:
This chapter is intended to control and limit the size, bulk, and mass of residential
structures within the town. Gross residential floor area (GRFA) regulation is an effective
tool for limiting the size of residential structures and ensuring that residential structures
are developed in an environmentally sensitive manner by allowing adequate air and light
in residential areas and districts.
12 -15 -5: ADDITIONAL GROSS RESIDENTIAL FLOOR AREA (250 ORDINANCE):
A. Purpose: The purpose of this section is to provide an inducement for the upgrading of
existing dwelling units which have been in existence within the town for a period of at
least five (5) years by permitting the addition of up to two hundred fifty (250) square feet
of gross residential floor area (GRFA) to such dwelling units, provided the criteria set
forth in this section are met. This section does not assure each single- family or two -
family dwelling unit located within the town an additional two hundred fifty (250) square
feet, and proposals for any additions hereunder shall be reviewed closely with respect to
site planning, impact on adjacent properties, and applicable town development
standards. The two hundred fifty (250) square feet of additional gross residential floor
area may be granted to existing single- family dwellings, existing two - family and existing
multi - family dwelling units only once, but may be requested and granted in more than
one increment of less than two hundred fifty (250) square feet. Upgrading of an existing
dwelling unit under this section shall include additions thereto or renovations thereof, but
a demo /rebuild shall not be included as being eligible for additional gross residential floor
area.
B. Applicability: The provisions of this section shall apply to dwelling units in all zone
districts except the single- family residential (SFR), two- family residential (R), and two -
family primary/secondary residential (PS) districts.
C. Single- Family Dwellings And Two - Family Dwellings In Zone Districts Other Than The
Single- Family Residential (SFR), Two - Family Residential (R), And Two - Family
Primary/Secondary Residential (PS) Districts: A single- family or two - family dwelling unit
shall be eligible for additional gross residential floor area (GRFA) not to exceed a
maximum of two hundred fifty (250) square feet of GRFA in addition to the existing or
allowable GRFA for the site. Before such additional GRFA can be granted, the single -
family or two - family dwelling unit shall meet the following criteria:
1. Eligible Time Frame: A single- family or two- family dwelling unit shall be eligible
for additional GRFA, pursuant to this section, if it is in existence prior to
November 30, 1995, or a completed design review board application for the
original construction of said unit has been accepted by the department of
community development by November 30, 1995. In addition, at least five (5)
years must have passed from the date the single- family dwelling or two- family
dwelling unit was issued a certificate of occupancy (whether temporary or final)
or, in the event a certificate of occupancy was not required for use of the dwelling
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at the time of completion, from the date of original completion and occupancy of
the dwelling.
2. Use Of Additional Floor Space: Proposals for the utilization of the additional
gross residential floor area (GRFA) under this provision shall comply with all town
zoning requirements and applicable development standards. If a variance is
required for a proposal, it shall be approved by the planning and environmental
commission pursuant to chapter 17 of this title before an application is made in
accordance with this section. The applicant must obtain a building permit within
one year of final planning and environmental commission approval or the
approval for additional GRFA shall be voided.
3. Garage Conversions: If any proposal provides for the conversion of a garage
or enclosed parking area to GRFA, such conversion will not be allowed unless: a)
either the conversion will not reduce the number of enclosed parking spaces
below the number required by this code; or b) provision is made for creation of
such additional enclosed parking spaces as may be required for the new total
GRFA under this code. Plans for a new garage or enclosed parking area, if
required, shall accompany the application under this section, and shall be
constructed concurrently with the conversion.
4. Parking: Any increase in parking requirements as set forth in chapter 10 of this
title due to any GRFA addition pursuant to this section shall be met by the
applicant.
5. Conformity With Guidelines: All proposals under this section shall be required
to conform to the design review guidelines set forth in chapter 11 of this title. A
single- family or two- family dwelling unit for which an addition is proposed shall be
required to meet the minimum town landscaping standards as set forth in chapter
11 of this title. Before any additional GRFA may be permitted in accordance with
this section, the staff shall review the maintenance and upkeep of the existing
single- family or two - family dwelling and site, including landscaping, to determine
whether they comply with the design review guidelines. No temporary certificate
of occupancy shall be issued for any expansion of GRFA pursuant to this section
until all required improvements to the site and structure have been completed as
required.
6. Applicability: No pooling of gross residential floor area shall be allowed in
single- family or two - family dwelling units. No application for additional GRFA
shall request more than two hundred fifty (250) square feet of gross residential
floor area per single- family dwelling or two - family dwelling, nor shall any
application be made for additional GRFA until such time as all the allowable
GRFA has been constructed on the property, or an application is presently
pending in conjunction with the application for additional GRFA that utilizes all
allowable GRFA for the property.
7. One Time Grant: Any single- family or two - family dwelling unit which has
previously been granted additional GRFA pursuant to this section and is
demo /rebuild, shall be rebuilt without the additional GRFA as previously
approved.
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8. Demo /Rebuild Not Eligible: Any single- family or two - family dwelling unit which
is to be demo /rebuild shall not be eligible for additional GRFA.
9. Nonconforming Structures And Site Improvements: Structures which do not
conform to density controls shall be eligible for additional GRFA pursuant to this
section.
D. Multi - Family Dwellings: Any dwelling unit in a multi - family structure that meets
allowable GRFA shall be eligible for additional gross residential floor area (GRFA) not to
exceed a maximum of two hundred fifty (250) square feet of GRFA in addition to the
existing or allowable GRFA for the site. Any application of such additional GRFA must
meet the following criteria:
1. Eligible Time Frame: A multiple- family dwelling unit shall be eligible for
additional GRFA, pursuant to this section, if it is in existence prior to November
30, 1995, or a completed design review board application for the original
construction of said unit has been accepted by the department of community
development by November 30, 1995. In addition, at least five (5) years must
have passed from the date the building was issued a certificate of occupancy
(whether temporary or final) or, in the event a certificate of occupancy was not
required for use of the building at the time of completion, from the date of original
completion and occupancy of the building.
2. Use Of Additional Floor Space: Proposals for the utilization of the additional
GRFA under this provision shall comply with all town zoning requirements and
applicable development standards. If a variance is required for a proposal, it shall
be approved by the planning and environmental commission pursuant to chapter
17 of this title before an application is made in accordance with this section. The
applicant must obtain a building permit within one year of final planning and
environmental commission approval or the approval for additional GRFA shall be
voided.
3. Parking Area Conversions: Portions of existing enclosed parking areas may be
converted to GRFA under this section if there is no loss of existing enclosed
parking spaces in said enclosed parking area.
4. Parking Requirements Observed: Any increase in parking requirements due to
any GRFA addition pursuant to this section shall be met by the applicant.
5. Guideline Compliance; Review: All proposals under this section shall be
reviewed for compliance with the design review guidelines as set forth in chapter
11 of this title. Existing properties for which additional GRFA is proposed shall be
required to meet minimum town landscaping standards as set forth in chapter 11
of this title. General maintenance and upkeep of existing buildings and sites,
including the multi - family dwellings, landscaping or site improvements (i.e., trash
facilities, berming to screen surface parking, etc.) shall be reviewed by the staff
after the application is made for conformance to said design review guidelines.
No temporary certificate of occupancy shall be issued for any expansion of
GRFA pursuant to this section until all required improvements to the multi - family
dwelling site and building have been completed as required.
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6. Condominium Association Submittal: An application for additional GRFA shall
be made on behalf of each of the individual dwelling unit owners by the
condominium association or similar governing body.
7. Applicability: The provisions of this section are applicable only to GRFA
additions to individual dwelling units. No pooling of GRFA shall be allowed in
multi - family dwellings. No application for additional GRFA shall request more
than two hundred fifty (250) square feet of gross residential floor area per
dwelling unit nor shall any application be made for additional GRFA until such
time as all the allowable GRFA has been constructed on the property. When
exterior additions are proposed to a multi - family structure, the addition of the
GRFA shall be designed and developed in context of the entire structure.
8. Nontransferable To Demo /Rebuild: Any building which has previously been
granted additional GRFA pursuant to this section and is demo /rebuild, shall be
rebuilt without the additional GRFA as previously approved.
9. Demo /Rebuild Not Eligible: Any multiple- family structure or dwelling unit which
is to be demo /rebuild shall not be eligible for additional GRFA.
10. Nonconforming Structures And Site Improvements: Structures which do not
conform to density controls shall be eligible for additional GRFA pursuant to this
section.
E. Procedure:
1. Application; Content: Application shall be made on forms provided by the department
of community development. If the property is owned in common (condominium
association) or jointly with other property owners such as driveways or C parcels in
duplex subdivisions, by way of example, and not limitation, the written approval of the
other property owner, owners or applicable owners' association shall be required. This
can be either in the form of a letter of approval or signature on the application. The
application shall also include:
a. A fee pursuant to the current schedule shall be required with the application.
b. Information and plans as set forth and required by subsection 12 -11 -4C of this title.
c. Any other applicable information required by the department of community
development to satisfy the criteria outlined in this section.
2. Hearing Set; Notice: Upon receipt of a completed application for additional GRFA, the
design review board shall set a date for a hearing in accordance with subsection 12-11 -
4C2 of this title. The hearing shall be conducted in accordance with subsections 12-11 -
4C2 and C3 of this title.
3. Compliance Required: If the department of community development staff determines
that the site for which additional GRFA is applied for pursuant to this section does not
comply with minimum town landscaping or site standards as provided herein, the
applicant will be required to bring the site into compliance with such standards before
any such temporary or permanent certificate of occupancy will be issued for the
additional GRFA added to the site. Before any building permit is issued, the applicant
shall submit appropriate plans and materials indicating how the site will be brought into
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compliance with said town minimum standards, which plans and materials shall be
reviewed by and approved by the department of community development.
4. Building Permit: Upon receiving the necessary approvals pursuant to this section, the
applicant shall proceed with the securing of a building permit prior to beginning the
construction of additional GRFA.
V. REVIEW CRITERIA
Before acting on an application for an amendment to the regulations prescribed in the
Zoning Regulations, the Planning and Environmental Commission shall consider the
following factors with respect to the requested text amendment:
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
As stated in Section 12 -15 -5, Additional Gross Residential Floor Area, Vail Town Code,
the purpose of the 250 Ordinance is as follows:
"The purpose of this section is to provide an inducement for the upgrading of
existing dwelling units which have been in existence within the town for a period
of at least five (5) years by permitting the addition of up to two hundred fifty (250)
square feet of gross residential floor area (GRFA) to such dwelling units..."
As proposed, the text amendments do not change the requirement that existing non-
conforming properties must be upgraded to meet the Town's design review guidelines
when the 250 Ordinance floor area is utilized. Whether the 250 Ordinance is utilized
before or after the allowable GRFA has been constructed, the end result is the same.
Therefore, Staff believes the proposed amendments are consistent with the purpose of
the 250 Ordinance policy.
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
As noted above, the purpose of the 250 Ordinance is to provide an incentive for the
upgrading of existing dwelling units. Whether the 250 Ordinance is utilized before or
after the allowable GRFA has been constructed, the end result of compliance with the
design guidelines is the same.
Today Section 12 -11 -3, Design Review, Vail Town Code, requires existing properties to
upgrade into compliance with the Town's design guidelines when any addition of GRFA
is constructed. However, this section of the Town Code also allows a one -time
exemption from this requirement for residential additions no larger than 500 sq. ft. in
GRFA.
Since conformance with the design guidelines will be achieved sooner if the 250
Ordinance is utilized before the allowable GRFA is constructed, Staff believes the
proposed amendment better implements the adopted 250 Ordinance policy.
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As described further in the criteria below, the time and costs associated with calculating
the allowable GRFA in multiple - family developments has discouraged some
homeowners from moving forward with plans to construct an addition to their residence.
Staff believes the proposed text amendments remove this barrier to redevelopment and
therefore better achieves the adopted goals of the 250 Ordinance.
There are negatives associated with the implementation of the proposed text
amendments. The proposed amendments do not eliminate the need for homeowners to
re- calculate GRFA for existing multiple - family developments. Instead, the proposed
amendments simply defer this requirement to a later date. The proposed amendments
do not benefit multiple - family residential developments constructed after 1995,
associations wishing to construct new dwelling units, or individual homeowners wishing
to construct additions larger than 250 sq. ft.
From an administrative perspective, the proposed text amendments both simplify and
complicate the Town's development review process. The proposed amendments will
simplify the process of determining homeowner eligibility to utilize the 250 Ordinance.
However, allowing 250 Ordinance additions to be constructed prior to all the allowable
GRFA being constructed further complicates the Town's property file record keeping.
The proposed amendments will also complicate future determinations of collective
development rights for those multiple - family developments were individual 250
Ordinance additions were constructed.
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 Town of Vail has historically kept record of the allowed, constructed, and remaining
GRFA for every residential property constructed under Town of Vail jurisdiction (GRFA
records do not exist for some properties constructed under Eagle County jurisdiction
prior to annexation). In 2004, Vail's GRFA regulations were amended. These
amendments altered the methodology for calculating GRFA and the Town's historic
GRFA records became null and void. It was acknowledged in 2004 that future
residential addition projects would require a re- calculation of the allowed, constructed,
and remaining GRFA. Homeowners can no longer rely upon the Town's archives for this
GRFA information.
Due to the complexity of the Town's GRFA calculation methodology, many multiple -
family dwelling unit owners must hire architects, land surveyors, and other consultants to
assist in re- calculating the GRFA for their properties. Depending upon the scale of the
residential development, number of buildings, number of dwelling units, complexity of
floor plans, the availability of accurate architectural drawings, the availability of an
accurate topographic survey (necessary to calculate "basement deductions "), and other
factors; the re- calculation of GRFA can be both time consuming and financially
expensive. In some multiple - family developments these costs have been shared by the
collective home owner's association. In other residential developments, the association
has been unwilling to collectively participate in the re- calculation of GRFA and the costs
have been the burden of the first individual owner wishing to construct an addition. In
some circumstances, residential property owners have determined that re- calculating
GRFA is cost prohibitive to them proceeding with the construction of an addition to their
residence.
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4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The final build -out bulk and mass of multiple - family residential structures will be the
same whether residential additions utilizing the 250 Ordinance are constructed before or
after the allowable GRFA is constructed. Additionally, for multiple - family properties,
there are few design review required upgrades associated with an individual unit's 250
Ordinance addition.
5. Such other factors and criteria the planning and environmental 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 Vail Town Council on prescribed
regulation amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code,
to allow applications to be made for additional GRFA prior to all the allowable GRFA
being constructed on a property, and setting forth details in regard thereto.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval of this request; Community Development Department
recommends the Commission pass the following motion:
" "Based upon a review of Section V of the StalTs June 14, 2010, memorandum to
the Planning and Environmental Commission and the evidence and testimony
presented, the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council on prescribed regulation
amendments to Section 12 -15 -5, Additional Gross Residential Floor Area (250
Ordinance), Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town
Code, to allow applications to be made for additional GRFA prior to all the
allowable GRFA being constructed on a property, and setting forth details in
regard thereto. "
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed text amendment,
the Community Development Department recommends the Commission makes the
following findings:
"Based upon the review of the criteria outlined in Section V of StalTs June 14„
2010, memorandum and the evidence and testimony presented, the Planning
and Environmental Commission finds:
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; and
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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. "
12
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PLANNING AND ENVIRONMENTAL COMMISSION
June 14, 2010
1:OOpm
7C1WNOiff�
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin departed at 2:15pm Henry Pratt
Michael Kurz
Sarah Paladino departed at 2:15pm
Bill Pierce
Tyler Schneidman arrived at 1:08pm
David Viele departed at 2:15pm
Special Presentation 15 minutes
Linn Brooks, Assistant General Manager of the Eagle River Water & Sanitation District, provided a
brief update on District matters. She also queried the Commission on topics that might be of interest
for future presentations by the District, such as information on the health of Gore Creek and its
watershed, the affects of land use on water supply and water quality, and District projects that
impact stream flows.
Commissioner Pierce inquired about the affects of storm water run -off and parking lot drainage on
the quality of Gore Creek, and asked about opportunities for the Town and the District to address the
issue.
Commissioner Cartin inquired about the proportion of indoor and outdoor water usage.
Commissioner Pierce requested that Staff present a summary of the Town's current storm water
run -off regulations at a future hearing.
Commissioner Kurz requested that Staff also provide information about the health of Gore Creek at
a future hearing.
Site Visits:
No Site Visits
30 minutes
1. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Chapter 12 -6, Residential Districts, Vail Town Code, pursuant to Section 12 -3 -7, Amendment,
Vail Town Code, to establish a new zone district, Townhouse and Row House District (TRH)
District, and setting forth details in regard thereto. (PEC100011)
Applicant: Chris Galvin, represented by K.H. Webb Architects /Mauriello Planning Group
Planner: Bill Gibson
ACTION: Tabled to July 12, 2010
MOTION: Kurz SECOND: Viele VOTE: 6 -0 -0
Bill Gibson gave a presentation per the staff memorandum.
Dominic Mauriello, representing the applicant, gave a power point presentation highlighting the
findings from the GRFA analysis they conducted on townhouse projects in the vicinity.
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Commissioner Pierce stated that he has walk past the townhouse projects several times in the
past weeks, and does not believe there should be incentives for larger townhouses. He noted
that owners are already allowed to make the units larger by constructing "common area" and
garages. He further added that parking should be required to be enclosed. He commented that
street level garage doors may not be attractive, but they would be more attractive than the
existing chains across the townhouse's driveways.
Commissioner Kurz felt the variance process has been cumbersome and created inequities in
the redevelopment of townhouse properties. He believes a common ground is desired and that
a single 1.5 GRFA ratio may be appropriate. He prefers the existing driveway and privacy
chains to street level garage doors. He is concerned that garage doors on these townhouses
would create too much of a suburban character.
Commissioner Paladino asked for clarification about the 1.98 GRFA ratio that would be created if
townhouses were only regulated by height and site coverage.
Commissioner Schneidman inquired if the proposed GRFA ratio would create equality.
Commissioner Cartin noted that the proposed zoning changes would "clean -up" past inequities.
Commissioner Viele reminded the Commission that the goal of the previous SDD application
was to create a simpler alternative to the variance process and to simplify the reconstruction of
townhouse units. He does not believe increasing the allowable GRFA to 1.5 should be the goal
of this new district, but it should be to create a simpler process for constructing what is allowed
today. He believes Unit 11 at the Vail Rowhouse should set the minimum bar for an allowable
GRFA ratio.
John Dunn, representing Dolph and Barbara Bridgewater, Unit 11 Vail Rowhouses, noted
concerns about a statement in the staff memorandum regarding properties not meeting current
real estate standards. He questioned the scope of the zone district and asked if the proposed
district was a large SDD (i.e. special development district) application. He noted concern about
the public notice process for the application. He commented that the applicant has not yet
addressed all the questions posed in the April 26, 2010, staff memorandum. He noted that a
presentation has not yet been given on how other communities regulate townhouses.
Dominic Mauriello stated that they sent letters to 80 individual townhouse owners describing the
proposal and providing their contact information and Staff's contact information. He noted that
he has only received one phone call and Staff has not received any calls from these 80
individuals.
Bill Gibson confirmed that Staff has not be contacted by any townhouse owners other than Mr.
Bridgewater.
30 minutes
2. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Section 12 -15 -5, Additional Gross Residential Floor Area (250 Ordinance), Vail Town Code,
pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow applications to be made for
additional GRFA prior to all the allowable GRFA being constructed on a property, and setting
forth details in regard thereto. (PEC100021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Recommendation of approval
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
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Bill Gibson gave a presentation per the staff memorandum. He highlighted the 250 Addition
regulations, the impacts of the current regulation on multi - family projects, and how the 2004
changes to GRFA calculation methodology have affected these properties.
There was no public comment.
Commissioner Pierce stated that Staff's presentation explained this complicated issues very well.
Commissioner Cartin inquired about options to make GRFA record keeping simpler.
Commissioner Paladino expressed that the proposed amendments removed barriers for
individual property owners in the spirit of the original 250 Ordinance and she supported the
amendments.
60 minutes
3. A request for a work session on a major exterior alteration, pursuant to Section 12 -71 -7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail" (West Lionshead), with multiple mixed -use structures including but not limited to,
multiple - family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to June 28, 2010
MOTION: Kurz SECOND: Schneidman VOTE: 3 -0 -2 (Carlin and Viele recused)
Commissioner Paladino departed prior to the start of this item.
Dominic Mauriello summarized the comments from the Commission's last public hearing.
Michael Lee, Calison Architects, presented the modifications made to the architectural plans in
response to comments from the Commission's last public hearing. The most prominent changes
were made to the bridges associated with the project.
Commissioner Kurz commented on the opportunity for fountains or other landmarks to visually
draw pedestrian to specific areas.
Jeff Winston, Winston Associates, presented a three - dimensional model of the Ever Vail project
reflecting the applicant's recent changes. Jeff Winston provided commentary on the applicant's
individual plan changes, and noted the improvements made to the pedestrian visual experience
due to the applicant's changes in bridge design.
Commissioner Kurz recommended exploring more organic building forms along the Frontage
Road and Red Sandstone Creek.
Jeff Winston commented that the applicant's changes have improved the lighting and solar
access for the public plazas.
Commissioner Kurz recommended exploring archways similar to those used at Arrabelle.
Dominic Mauriello stated their excitement about public art opportunities.
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Commissioner Pierce recommended exploring sidewalks designed in the direction of pedestrian
travel and not designed with right angles.
Dominic Mauriello explained how the applicant considered those sidewalk design options, but
due to the intersection with vehicular traffic certain sidewalks needed to be at right angles.
Jeff Winston commented on the need to further address the relationship and connection between
Ever Vail and the existing areas of Lionshead.
Commissioner Kurz asked about future opportunities to change the roof the water treatment
plant.
Commissioner Pierce liked the applicant's modifications to improve the lighting and visibility of
the transit center.
Jeff Winston commented on the building bulk and mass along the creek, and recommended the
building heights could be stepped even more than proposed.
Dominic Mauriello asked if the Commission would like to review these changes again at the June
28 meeting since Commissioners Paladino and Pratt were not present for this presentation.
Commissioner Pierce stated that reviewing the model again would be beneficial.
5 minutes
4. A request for an amendment to an Approved Development Plan, pursuant to Section 12- 61 -11,
Development Plan Required, Housing Zone District, Vail Town Code, to allow for revisions to the
required landscape plan and geologic hazard mitigation plan for the redevelopment of the
easternmost 5.24 acres of the Timber Ridge Village Apartments; and a request for the review of
a variance, from Section 14 -5 -1, Minimum Standards, Parking Lot and Parking Structure Design
Standards for All Uses, Vail Town Code, pursuant to Chapter 12 -17, Variances, Vail Town Code,
to allow for a crossover drive aisle width of less than thirty -feet (30') within the required parking
structure, located at 1280 North Frontage Road /Lots 1 -5, Block C, Lions Ridge Subdivision Filing
1,and setting forth details in regard thereto. (PEC100018 /PEC100019)
Applicant: Vail Timber Ridge L.L.C.
Planner: George Ruther
ACTION: Table to June 28, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
5. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail" (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West rig ht-of-way/U nplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 28, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
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5 minutes
6. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12 -3 -7, Amendment, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right -of -way
which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail' (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
West right -of -way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 28, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
7. A request for a final review of a variance from 12- 71 -14, Site Coverage, Vail Town Code,
pursuant to Chapter 12 -17, Variances, to allow for additional site coverage below grade, within
"Ever Vail" (West Lionshead), located at 934 (BP Site), 953 (Vail Professional Building), 1031
(Cascade Crossing) S. Frontage Road / Unplatted; 862 (VR Maintenance Shop) and 923 (Holy
Cross Lot) S. Frontage Road / Tracts A and B, S. Frontage Road Subdivision; 1000 (Glen Lyon
Office Building) S. Frontage Road / Lot 54, Glen Lyon Subdivision (a complete legal description
is available for inspection at the Town of Vail Community Development Department), and setting
forth details in regard thereto. (PEC090035)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 28, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
8. A request for a final recommendation to the Vail Town Council for a proposed major amendment
to Special Development District No. 4, Cascade Village, pursuant to Article 12 -9A, Special
Development District, Vail Town Code, to allow for the removal of the Glen Lyon Commercial
Site, Development Area D, (Glen Lyon Office Building) from the District for incorporation into the
properties known as "Ever Vail' (West Lionshead), located at 1000 S. Frontage Road West/Lot
54 Glen Lyon Subdivision, and setting forth details in regard thereto. (PEC090036)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Table to June 28, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
9. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Table to July 12, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
10. 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
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ACTION: Table to July 12, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
11. A request for a final recommendation to the Vail Town Council for the establishment of a new
special development district, pursuant to Article 12 -9A, Special Development (SDD) District, Vail
Town Code, located at 303 Gore Creek Drive, Units 7, 8, 9, 10, 12, 13 (Vail Rowhouses) /Lots 7,
8, 9, 10, 12, 13, Block 5, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC090037)
Applicant: Christopher Galvin, represented by Mauriello Planning Group, LLC
Planner: Bill Gibson
ACTION: Table to July 12, 2010
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
5 minutes
12. A request for a recommendation to the Vail Town Council, pursuant to Section 12- 9A -10,
Amendment Procedures, Vail Town Code, for a major amendment to Special Development
District No. 6, Vail Village Inn, to allow for a change in land use, an increase in site coverage and
building footprint, a decrease in the side setback and a deviation from parking requirements to
accommodate a new restaurant, located at 68 East Meadow Drive, Unit 602/ Lot O, Block 5D,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC100026)
Applicant: Joe Staufer, represented by John G. Martin, Architect
Planner: Rachel Friede
ACTION: WITHDRAWN
13. Approval of May 10, 2010 minutes
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
14. Approval of May 24, 2010 minutes
MOTION: Viele SECOND: Kurz VOTE: 6 -0 -0
15. Information Update:
Discussion about electronic Commissioner packets.
16. Adjournment
MOTION: Kurz SECOND: Schneidman VOTE: 3 -0 -0 (Carlin, Paladino, Viele absent)
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 June 11, 2010, in the Vail Daily.
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'OWN OF VAM .
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: July 6, 2010
ITEM /TOPIC: Resolution No. 16, Series of 2010 a resolution prohibiting Medical Marijuana
Centers, Infused Product Manufactures and Optional Premises Cultivation Operations.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 16, Series of
2010.
BACKGROUND: At the January 19, 2010 meeting, Town Council ( "Council ") approved a 180 -
day moratorium on businesses that sell medical marijuana. The moratorium was put in place
while the State Legislature determined how to regulate the industry from a statewide
perspective. The Towns moratorium expires on July 18, 2010. House Bill 10 -1284 was
recently passed by the General Assembly and signed by the Govenor creating a state medical
marijuana licensing authority under a model generally similar to the state liquor authority. It
allows for local regulation of Medical Marijuana Centers (commonly referred to as
dispensaries), Infused Product Manufacturers and Optional Premises Cultivation Operations.
On June 1, 2010, the Council directed staff to return with legislation prohibiting Medical
Marijuana Centers, Infused Product Manufacturers and Optional Premises Cultivation
Operations within the Town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 16, Series of 2010.
ATTACHMENTS:
MMJ Memorandum 070610
Resolution No. 16, Series of 2010
7/6(2010
MEMORANDUM
TO: Vail Town Council
FROM: Town Attorney, Matt Mire
DATE: July 6, 2010
SUBJECT: Regulation of Medical Marijuana Centers, Infused Product Manufacturers and
Optional Premises Cultivation Operations.
At the January 19, 2010 meeting, Town Council (the "Council ") approved a 180 -day
moratorium on businesses that sell medical marijuana. The moratorium was put in place while
the State Legislature determined how to regulate the industry from a statewide perspective. The
Town's moratorium expires on July 18, 2010. Now that House Bill 10 -1284 has been signed
into law, the new law creates a state medical marijuana licensing authority under a model
generally similar to the state liquor authority. It allows for local regulation of Medical Marijuana
Centers (commonly referred to as dispensaries), Infused Product Manufacturers and Optional
Premises Cultivation Operations. This is accomplished through zoning and a licensing process
similar to licensing liquor establishments. The bill also allows local jurisdictions, either by a
majority vote of the governing body or the voters, to prohibit these uses within their respective
jurisdictions. On June 1, 2010, the Council directed staff to return with legislation prohibiting
Medical Marijuana Centers, Infused Product Manufacturers and Optional Premises Cultivation
Operations within the Town. Accordingly attached is Resolution No. 16, Series of 2010, a
resolution prohibiting medical marijuana centers, infused product manufactures and optional
cultivation operations.
It is important to note, a ban in the Town of Vail, as allowed under House Bill 10 -1284,
would be a ban only on Medical Marijuana Centers, Infused Product Manufacturers and
Optional Premises Cultivation Operations. It would not be a ban on use of medical marijuana for
registered patients. The Colorado Constitution guarantees the right for individuals properly
registered with the State to consume, possess, and grow limited amounts of medical marijuana
for personal use. It also extends rights to designated caregivers. This guarantee would not
change under a ban. No specific justification for prohibition is required under House Bill 10-
1284.
7i6i2010
8 -1 -I
RESOLUTION NO. 16
Series of 2010
A RESOLUTION PROHIBITING MEDICAL MARIJUANA CENTERS, INFUSED
PRODUCT MANUFACTURES AND OPTIONAL CULTIVATION OPERATIONS; 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 Council previously adopted Ordinance No. 02, Series of 2010, imposing
a moratorium on the processing and approval of all applications for permits and licenses by the
Town related to what were referred to as "Medical Marijuana Dispensaries" to allow Town staff,
working with the Town Attorney, to investigate and evaluate the regulatory authority of the Town
concerning such dispensaries within the Town; and
WHEREAS, during the pendency of the Moratorium Ordinance, the Colorado Legislature
adopted legislation which in pertinent part added a new Article 43.3 to Title 12 of the Colorado
Revised Statutes, to be known as the Colorado Medical Marijuana Code; and
WHEREAS, the Colorado Medical Marijuana Code clarifies Colorado law regarding the
scope and extent of Amendment 20 to the Colorado Constitution, Article XVIII, §14, and at the
same time authorizes a regulatory scheme for the retail sale, distribution, cultivation and
dispensing of medical marijuana known as a "Medical Marijuana Center," and further authorizes
licensing mechanisms known as an "Optional Premises Cultivation Operation" and a "Medical
Marijuana- Infused Products Manufacturers' License "; and
WHEREAS, C.R.S. §12- 43.3 -106 specifically authorizes the governing body of a
municipality to "vote to prohibit the operation of medical marijuana centers, optional premises
cultivation operations, and medical marijuana- infused products manufacturers' licenses "; and
WHEREAS, C.R.S. §12- 43.3 -310 specifically authorizes a municipality "to prohibit the
operation of medical marijuana centers, optional premises cultivation operations, and medical
marijuana- infused products manufacturers' licenses . . . based on local government zoning,
health, safety, and public welfare laws for the distribution of medical marijuana that are more
restrictive than this article "; and
WHEREAS, C.R.S. §12- 43.3- 308(1)(c) provides that the state and local licensing
authorities shall not receive or act upon a new application pursuant to the Colorado Medical
Marijuana Code "for a location in an area where the cultivation, manufacture, and sale of medical
marijuana as contemplated is not permitted under the applicable zoning laws of the municipality,
city and county, or county "; and
WHEREAS, the Council has carefully considered Article XVIII, §14 of the Colorado
Constitution, the Colorado Medical Marijuana Code, and the secondary effects of medical
marijuana centers, optional premises cultivation operations, and medical infused products
manufacturing on the health, safety and welfare of the Town of Vail and its inhabitants.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Resolution No. 16, Series 2010
7/6/2010
8 -2 -1
Section 1. It is the intent of this Section to prohibit certain land uses related to medical
marijuana in the Town, and in furtherance of its intent, the Council makes the following findings:
a. The Colorado Medical Marijuana Code, C.R.S. §12- 43.3 -101, et seq.,
clarifies Colorado law regarding the scope and extent of Article XVIII, §14 of the Colorado
Constitution.
b The Colorado Medical Marijuana Code specifically authorizes the
governing body of a municipality to "vote to prohibit the operation of medical marijuana centers,
optional premises cultivation operations, and medical marijuana- infused products manufacturers'
licenses."
c. The Colorado Medical Marijuana Code specifically authorizes a
municipality "to prohibit the operation of medical marijuana centers, optional premises cultivation
operations, and medical marijuana- infused products manufacturers' licenses ... based on local
government zoning, health, safety, and public welfare laws for the distribution of medical
marijuana."
d. Based on careful consideration of the Colorado Medical Marijuana
Code, Article XVIII, §14 of the Colorado Constitution, and the potential secondary effects of the
cultivation and dispensing of medical marijuana, and the retail sale, distribution, and
manufacturing of medical marijuana- infused products, such land uses have an adverse effect on
the health, safety and welfare of the Town and its inhabitants.
e. As a matter of the Town's local land use and zoning authority, and
consistent with the authorization provided by the Colorado Medical Marijuana Code, no suitable
locations exists within the Town for the operation of medical marijuana centers, medical
marijuana cultivation operations or medical marijuana infused products manufacturing.
Section 2 . The Town's authority to adopt this Section is found in: the Colorado Medical
Marijuana Code, C.R.S. §12- 43.3 -101, et seq.; the Local Government Land Use Control Enabling
Act, C.R.S. §29 -20 -101, et seq.; C.R.S. §31 -23 -101, et seq. (municipal zoning powers); C.R.S.
§31 -15 -103, 31 -15 -401. (municipal police powers); C.R.S. §31 -15 -501 (municipal authority to
regulate businesses); and the Town of Vail Home Rule Charter.
Section 3. 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 6 th day of July, 2010.
Richard Cleveland,
Town Mayor
ATTEST:
Lorelei Donaldson,
Town Clerk
Resolution No. 16, Series 2010
7/6/2010
8-2-2