HomeMy WebLinkAbout2011-04-19 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA "fi TOW
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., APRIL 19, 2011
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: Consent Agenda:
Approval of Town Council meeting minutes from March 1, 2011 and March
15, 2011 (5 min.)
PRESENTER(S): Pam Brandmeyer
3. ITEM /TOPIC: Town Manager Report:
Eagle County Regional Planning Advisory Committee Invitation (15 min.)
PRESENTER(S): Various
4. ITEM /TOPIC: USA Pro Cycling Challenge Update (30 min.)
PRESENTER(S): Ceil Folz and Adam Lueck, Vail Valley Foundation
ACTION REQUESTED OF COUNCIL: Listen to the presentation and ask
any questions.
BACKGROUND: The purpose of this session is to provide the Council with
an update on the USA Pro Cycling Challenge, formerly known as the
Quiznos Pro Cycling Challenge. Updates will include benefits to the Town of
Vail for the $175,000 cash and $25,000 in -kind sponsorship fees as well as
the proposed route for the August 25, 2011 Vail Time Trial and resulting
impacts to businesses and residents.
5. ITEM /TOPIC: Conference Center Ballot Language and Timing (30 min.)
PRESENTER(S): Stan Zemler and Judy Camp
ACTION REQUESTED OF COUNCIL: Staff requests feedback from Council
on both ballot timing (August 23 or November 8) and if there is a preferred
format for the ballot based on the examples provided.
BACKGROUND: The purpose of this session is to provide Council with
samples of ballot language, as well as additional information surrounding
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each potential election date.
STAFF RECOMMENDATION: Staff recommends that Council provide staff
with direction on ballot timing and if there is a preferred format for the ballot
language.
6.
ITEM /TOPIC: First reading of Ordinance No. 5, Series of 2011, an
ordinance amending Section 14 -10 -5, Building Materials and Design, Vail
Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for
changes to the solar energy device regulations, and setting forth details in
regard thereto. (30 min.)
PRESENTER(S): Rachel Dimond and Kristen Bertuglia
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall
approve, approve with modifications, or deny Ordinance No. 5, Series of
2011, upon first reading.
BACKGROUND: On May 4, 2010 the Vail Town Council passed Ordinance
No. 3, Series 2010 amending Section 14 -10 -5, Building Materials and
Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of
Standards, for changes to the solar panel regulations and setting forth details
in regard thereto. Several months into the regulation local solar installers and
homeowners brought to the attention of the Town Council and staff specific
requirements in the ordinance that prohibited several projects from moving
forward as designed. Council instructed Staff to work with the affected parties
to resolve these issues and arrive at an updated version of the ordinance that
fulfills the goals of the Town while allowing for more flexibility in solar
installations. Town Staff then convened solar installers from the Vail area,
the Front Range and the Colorado Solar Energy Industries Association
(COSEIA) in order to gain input on the existing regulations.
On January 10, 2011, the Planning and Environmental Commission
recommended approval, with modifications, for the proposed text
amendments to the Vail Town Council.
On March 1, 2011, an introductory work session was held with the Town
Council.
STAFF RECOMMENDATION: On January 10, 2011, the Planning and
Environmental Commission recommended approval, with modifications, for
the proposed text amendments to the Vail Town Council. Recommended
modifications to the proposed regulations are as follows:
1. Staff shall provide in the ordinance presented to Town Council,
additional language addressing maintenance and continued operation.
2. Staff shall provide in the ordinance presented to Town Council,
additional language containing an intent section detailing the goals and
objectives of the regulations to minimize negative visual impacts.
3. Staff shall provide in the ordinance presented to Town Council,
additional language addressing the calculation of site coverage for ground
mounted panels.
4. Staff shall amend in the ordinance presented to Town Council, a revised
definition of solar energy devices which matches the State's definition.
5. Staff shall amend the in the ordinance presented to Town Council, the
language to substitute "up to 50" for "40 to 50" degrees.
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Minutes of the January 10, 2011 PEC hearing are attached for reference
(see Attachment C).
7. ITEM /TOPIC: Resolution No. 7, Series of 2011, establishing the 2011
payment of fees in lieu for each employee to be housed and for each square
foot for commercial linkage and inclusionary zoning mitigation. (5 Minutes)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications
or Deny Resolution No. 7, Series of 2011.
BACKGROUND: On April 3, 2007 the Vail Town Council adopted
Ordinances Nos. 7 and 8, Series of 2007, establishing commercial linkage
and inclusionary zoning requirements. Pursuant to 12 -23 -613-4 and 12 -24-
613-4, Payments of Fees in Lieu, Vail Town Code, "the fee in lieu for each
employee to be be housed..." and "the fee in lieu for each square foot of
employee housing required shall be established annually by resolution of the
Town Council."
The annual fee in lieu amount reflects the gap between a two - person
household earning 120% of area median income (AMI) and the previous
year's median cost per unit.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council
approve Resolution No. 7, Series of 2011.
8. ITEM /TOPIC: First reading of Ordinance No. 11, Series of 2011, an
Ordinance authorizing a ten foot wide utility easement along the common
property line between Parcel A and Parcel B, a resubdivision of Tract D, a
resubdivision of Vail Das Schone Filing No. 1, a resubdivision of Parcel A
and Parcel B, Town of Vail, County of Eagle, State of Colorado; and setting
forth details in regard thereto. (10 minutes)
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny Ordinance No. 11, Series of 2011 on first reading.
BACKGROUND: On May 24, 2010, the Town of Vail Planning and
Environmental Commission approved an amended final plat modifying the
shared property line between Parcel A and Parcel B. A utility easement was
not platted at the time the property line was modified. The sole purpose of
Ordinance No. 11 is authorize the platting of a ten foot wide easement.
STAFF RECOMMENDATION: The Community Development Department
recommends the Town Council approves Ordinance No. 11, Series of 2011
on first reading.
9.
ITEM /TOPIC: 2011 Overlay Project Award (5 min)
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to
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enter into an agreement with B &B Excavating to complete the 2011 Overlay
Project in the amount not to exceed $396,655.99.
BACKGROUND: The project consists of an asphalt mill and overlay of
roads in the Intermountain neighborhood, Matterhoron Cir, Geneva Dr and
portions of roads in East Vail. Bids were received on April 5, 2011 from B &B
Excavating and Elam Construction. B &B Excavating's bid is in the amount of
$396,665.25 and Elam Construction's bid is in the amount of
$400,722.00. Staff recommends contracting with B &B Excavating for their
construction services for the bid amount. This project is budgeted from the
Capital Street Maintenance budget and is within the engineer's
estimate. The project is scheduled to be completed no later than the end of
June 2011.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an
agreement, in a document approved by the Town Attorney, with B &B
Excavating to complete the 2011 Overlay Project in the amount not to
exceed $396,655.99
10. ITEM /TOPIC: Matterhorn Bridge Design Award (5 min)
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to
enter into an agreement with Loris and Associates to complete the design
phase of the Matterhorn Bridge Replacement Project in the amount not to
exceed $231,664.25.
BACKGROUND: The Town of Vail was awarded full funding bridge grant for
the replacement of Structure Number VAIL- MATTERHORN in November
2007. In January 2011, the Town advertised for a Request For Qualifications
(RFQ) for the design phase of the project. Submittal of qualifications were
received February 10, 2011 from 11 firms. As required with a federally
funded project, fees were not submitted and compensation was negotiated
with the selected qualified consultant. Loris and Associates has been
selected as the qualified consultant based on the project team and
experience with similar projects. Construction is scheduled for 2012.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an
agreement, in a document approved by the Town Attorney, with Loris and
Associates to complete the design phase of the Matterhorn Bridge
Replacement Project in the amount not to exceed $231,664.25
11. ITEM /TOPIC: Adjournment (8:30 p.m.)
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Citizen Participation
PRESENTER(S): Public
4/19/2011
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Consent Agenda:
Approval of Town Council meeting minutes from March 1, 2011 and March 15, 2011
PRESENTER(S): Pam Brandmeyer
ATTACHMENTS:
March 15, 2011 Council Minutes
March 1, 2011 Council Minutes
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Vail Town Council Meeting Minutes
Tuesday, March 15, 2011
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
Andy Daly
Kerry Donovan
Kevin Foley
Kim Newbury
Margaret Rogers
Susie Tjossem
Kim Newbury
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Rayla Kundolf, resident of Vail, handed
out documents supporting a cultural center in Vail and wants this project to be part of the
discussion on how to use some of the conference center funds. She said part of the Colorado
Mountain College campus building near Cascade Village is in foreclosure and she feels the
town and community members should step up and purchase the whole building for a cultural
center like LoDo, Chelsea, Tribeca, etc. She said the building could be used for the music, arts,
theater, education, visiting artists, master classes and community events.
Jonathan Levine, owner of Hummers of Vail, said he spoke with the Council at the last meeting.
He said he has tried to follow all the rules with regard to limousine staging at the Vail
Transportation Center that the Vail Police Department implemented. He said his vehicles are
too big for the area designated as drop off and pick up zones. He wants to have the Council
reconsider this whole process. Levine said he is not breaking any rules and has prearranged
rides. However, he doesn't want the current rules to stay, and wants at a minimum, signage. He
said in today's world, when people Google the word "taxi ", they get folks like him, "limousines ".
He said he will be accessing the transportation center as he used to. He wants a meeting to
figure out a new way of doing business and servicing the guests of Vail.
The second item on the agenda was the recognition of Howard & Cathy Stone of the Vail Jazz
Foundation. Andy Daly read a proclamation into the record honoring Howard and Cathy. Mayor
Cleveland presented the Proclamation honoring the Stone's on behalf of the Council and
community. The Stone's have over 18 years of commitment and service to the cultural life of
Vail. Combining their love of music and Vail, Cathy and Howard have dedicated themselves to
supporting classical and jazz performances and youth educational activities. Howard thanked
the Council and community and said there is a pictorial book that just came out on the Vail Jazz
Festival. Vail is known for great Jazz around the world.
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The third item on the agenda was the Colorado Judicial Branch (CJB) presentation to Vail for
hosting the 2010 Conference of Chief Judges and Conference of State Court Administrators
(CCJ /COSCA) conference.
Mindy Masias, a representative of the Colorado Supreme Court Judicial Branch, stated they
wanted to thank and acknowledge the help of town staff members who helped make the
conference a success. They began the process for this conference two years ago. She said in
2010, the Town of Vail hosted the Conference of Chief Judges and Conference of State Court
Administrators (CCJ /COSCA). This annual meeting hosts the Chief Justices and State Court
Administrators from all 50 states and U.S. territories. The Town of Vail also played host to
dignitaries such as Retired Justice of the United States Supreme Court Sandra Day O'Connor
and Senator Mark Udall of Colorado, to name a couple. The Town of Vail was instrumental in
hosting this event with a number of employees going above and beyond to make the event a
huge success. The State of Colorado Judicial Branch wants to thank the Town of Vail and its
employees for the tremendous amount of support and assistance they provided to the 2010
CCJ /COSCA conference. Many guests have commented that the 2010 conference was a
tremendous success and raised the bar of excellence for such conferences. The Town of Vail
and its employees were instrumental in making the conference happen and be a success.
Mindy and her staff were responsible for the security and recreational activities of the
conference. Eric Brown said Pam Brandmeyer was instrumental in the success of the
conference, as well as Chad Young, Tom Kassmel, Lorelei Donaldson, Dwight Henninger, Tom
Gaylord, Hannah Irwin and the staff at the Vail transportation department and Vail emergency
services, as well as the sheriff's department and state patrol and all the others that played a part
behind the scenes. Brown said Colorado only gets this conference once every 50 years. Masias
presented a plaque to the Town of Vail and expressed gratitude for such a successful event.
The fourth item on the agenda was the Town Manager Report. There was none to report.
The fifth item on the agenda was an introduction to the proposed Ever Vail project and a review
of the development review process. Lionshead Redevelopment Master Plan (Resolution No. 6,
Series of 2011): A request for a recommendation to the Vail Town Council for an amendment to
the Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment
of the Master Plan, Lionshead Redevelopment Master Plan, to amend the detailed plan
recommendations for West Lionshead (Ever Vail), and setting forth details in regard thereto.
Cleveland explained that this process started in the work session and now continues into this
evening for the public hearings for Ever Vail. Warren Campbell stated binders will be handed
out at the end of the meeting on the overall project.
Alex Iskadarian, with Vail Resorts Inc. (VRI), reviewed the project with the Council and
community. He said the Lionshead Redevelopment Master Plan was adopted in 1998. The
Ever Vail project represents a continuation of forward thinking. Ever Vail is about the future. He
said in the resort business, you are growing or stagnating; moving forward or moving backward;
having new ideas, services, reinventing ourselves, making new innovations, and focusing on
customer service. Ten or 15 years ago, Vail was the premier mountain community and today it
still is. It takes strategic planning and innovating to keep this momentum going. Ever Vail is
part of that movement and VRI is greatly improving this area. He also stated the Planning and
Environmental Commission (PEC) and staff is recommending approval. During the past two
years of process, it has made the plan better. He also said this has been a collaborative
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process and wants it to continue to be so. VRI has kept Vail on top of the industry and that isn't
easy.
Dominic Mauriello, presented a video of the beginning, evolution and vision of Vail. He said the
Ever Vail project is part of that visioning. He reviewed the current proposal for Ever Vail. He
said the east side is proposed to be the commercial area, with a grocery, live music venue and
retail shops. It will be serve to connect the project to Lionshead. The central plaza will have a
hotel, gondola, a plaza with skier services, a transit center and skier drop off. The creek side
area will have the Red Sandstone Creek corridor in it and an enhanced and restored creek
area. It will also have a new pedestrian and bicycle bridge over Gore Creek, DEVO will be
relocated to this site, and will have youth services and a climbing wall. The west side is the
residential zone with quiet pedestrian ways, terrace gardens and the bulk of employee housing.
Mauriello said there are 314 commercial parking spaces; 457 private residential parking spaces;
400 skier parking obligatory spaces; and 283 replacement employee parking obligatory spaces.
The total required 1,455. He discussed all the various aspects of the parking spaces; the skier
drop -off area; transit center; spaces for buses and short term parking. He said the parking
figures come from the Master Plan and the direction in the master plan calls them an obligation.
Rogers asked if this project would be built in two phases. Mauriello said the east side would be
built first and then the west side with a myriad of sub - phases. Rogers then asked if the majority
of employee housing is in Phase 2, where will the employees be housed for the first phase.
Mauriello said 50 % would be on -site and 50% off -site. He stated the project is designed to
meet the requirements for each phase. He said on the east side is the W3 building, which is
employee housing.
Mauriello stated with advanced planning, the project wouldn't be started until the market
requires it. Further discussion on various aspects of the project ensued.
Eric Perkins asked where the storm drainage will go and if there is a potential problem with
digging down for the parking structure between two creeks. Mauriello said nothing goes into the
river without treatment.
Greg Moffet said he had three items to discuss: 1) When the master plan is revised, he wants to
have community members on the committee, 2) insist on employee housing and community
benefits and profitability, and 3) Developer Improvement Agreements need to be included
whether there is profitability or not. He also suggested Council require buildings to narrow as
they rise (like a wedding cake) to get more light and air into lower levels of the project.
Georgina Burton asked about a possible pathway under the four -lane highway. She said that
putting in the pathway doesn't seem to be an unreasonable request or an unreasonable amount
of money. She asked to give more thought to this idea before a death occurs. Jim Lamont, with
the Vail Home Owners Association (VHOA), said this project has been in the town process for
years. He said it was the Council's responsibility to help make this project as successful as it
can be by correcting any errors in the master plan. He also said the Eagle River Water and
Sanitation District (ERWSD) needs to participate in the master plan process and should be
obligated to bring their site up to the same excellence as Ever Vail. He said if this doesn't
occur, this site will be blight on the community and Ever Vail. He suggested a Founder's Garage
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type approach to get them underground. He said the community has a reasonable expectation
of having the most successful project, which includes the ERWSD site.
Ruther asked the Council to continue the public hearing on the request for the Major
Amendment, Ordinance No. 7, 8, and 9, Series of 2011, and Resolution No. 6, Series of 2011 to
the April 5, 2011 public hearing.
Daly made a motion to continue Ordinance Nos. 7, 8 and 9, Series of 2011 and Resolution No.
6, Series of 2011 to the April 5, 2011 Council evening meeting; the motion was seconded by
Rogers. A vote was taken and the motion passed unanimously, 7 -0.
The sixth item on the agenda was second reading of Ordinance No. 6, Series of 2011, an
Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Dispatch Services Fund, and Heavy Equipment
Fund of the 2011 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. This item also
included a response from the Vail Valley Foundation regarding a funding request for the 2015
Alpine Ski World Championships.
Kathleen Halloran, Budget Manager, stated the ordinance was revised per the changes made
by Council at the last meeting. In addition, another discussion on the 2015 Championships was
held. Daly said he has more questions on the supplemental budget but he will hold them until
after the 2015 Championship presentation.
Ceil Folz, President of the Vail Valley Foundation (VVF) said one of the benefits of having this
discussion is having it with a community that wants the races instead of having a discussion
with a community that asks why we are having the races. She said the question at the last
meeting was what benefit Vail is getting for the $1.25 million donation to the 2015
Championships. She said Vail would be named first on the Vail/ Beaver Creek 2015
Championships, bumper television spots, have two screen stadiums, have between 5,000-
10,000 people attend the opening ceremonies at Golden Peak, host 10 awards ceremonies in a
medals plaza with fireworks, laser shows, etc. Vail will also have two qualifying races at Golden
Peak. Only the top 50 racers qualifying will go on to race in the men's races. There will also be
street parties like the final street beat concert -type parties; "public picks" which brings ski racers
out to pick their starting place for next day race and have one screen in the stadium and
possibly a second screen in Arrabelle Square. There will also be many evening festival events,
which may include snowboarding and free styling events and winter sports celebrations at
Golden Peak. In addition, there will be TV bumper spots, with host broadcasters and a
selection of different shots and stories. Those will be provided to all TV syndicates, for free, to
tie into their shows. The closing party on the final day the closing ceremony, which is about
protocol, includes exchanging flags with the country that will have the next championships. A
final celebration with a community party including volunteers, guests and community members
will send off the world championships.
Folz said there are hard core benefits and marketing benefits with enormous marketing
messages. They did the math and it maps out to a conservative estimate of $3.5 million
marketing benefits throughout the valley, with 2.5 billion marketing impressions via social media
and television. The Town of Vail's $1.25 million contribution would be 2.5% of the overall
budget of the 2015 Championships. She also said the marketing standards equal $630 million
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and nearly 1 billion viewers. Our valley doesn't have anything like this and eclipses all marketing
in the past for any events ever held. So there are significant benefits. Folz said to have Vail
host the women's slalom and giant slalom is cost prohibitive, as well as a difficult venue.
Folz stated there is a good possibility for Vail to host a Nations Team event, which is one of the
eleven events that make up the championships. She said the FIS changed the format on the
way this event is run. It was originally scheduled to be in Beaver Creek. However, now with the
changes, it could be held in Vail. It was one of the most popular events in Garmisch. The dual
format, where the racers race against each other at the same time, instead of against the clock,
is very popular with Americans. The star athletes of skiing are part of this event. Originally,
Golden Peak was deemed too easy as a timed event because of the terrain. Now that it's racer
against racer, it meets the criteria. Over the last 10 days, the FIS has opened the door and said
it could be terrific for Vail. She said additional hurdles of this event are that TV costs are an
additional $1.5 million. Some duplication of services and production may be needed, around
$300,000. She said race official members from FIS need to say Golden Peak qualifies and they
will be here in the spring to check it out. Folz said the VVF is very positive that Vail has a good
shot at getting this event.
Ron Riley asked besides the creation of bumper spots, how many of the other events will be
shot in Vail. Folz said all the awards ceremonies, opening ceremonies, the qualifying races and
whatever they choose to shoot. He doesn't want anything to fall through the cracks. He
encouraged the VVF to insure there are no potential snags in what is being proposed. Mia
Vlaar, a property owner, was here for the 1989 championships, when she first heard the
proposal, wasn't sure about it. But now that she has heard what was presented this evening, it
sounds awesome. The cost is more reasonable and no longer doubts that it will be Vail /Beaver
Creek Championships. She is in total support of this event.
Greg Moffet asked if Eagle County, Avon and Beaver Creek are donating to the championships.
Folz said Avon and Beaver Creek are in and they are working on Eagle County. Rob Deluca
said more meetings may bring more possibilities. He does not want to rush this. It will make a
better event. The final appropriation of the $250,000 should be slowed down as people are
getting more informed. One possibility is to use the conference center funds to produce
something in Vail for racing. He asked the Council to hold the appropriation to see if Vail could
meet the short fall.
Bill Suarez, owner of Billy's Island Grill and representing the Vail Chamber and Business
Association, thanked the VVF for getting back with the community with answers that were
requested. He knows some folks are disappointed at not having races, but it came down to
$6.8 million to pull it off. This last presentation is a great deal. If we can't have the races, it's
tough; but this is still a good deal and wants the community to get behind this deal. He said
nobody wants to not have participation from Vail. Mike Cacioppo said the Nations Event should
be on Golden Peak.
Rogers asked if her understanding is correct that it would take an additional $6.8 million to the
$1.25 million to get the women's races here. Folz said this is correct. The FIS has determined
the men's racing can't be done in Vail as the finish corral needs can't be met because it is too
steep and there is not enough run out.
Donovan said the proposal for the Nations Team event has enormous opportunity and potential.
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She said the buzz about this event is spectacular and one of the fan's favorites as the best
racers from each of the countries will participate. This is really a great option. As the marquee
event of the championships, it has great potential. She thanked the VVF to get this race in Vail.
Council was supportive and appreciative of the additional information provided from the VVF.
They are confident the VVF can make the Nations event happen in Vail. It's a win -win situation
for everyone.
Rogers said to break this supplemental item down to two discussions: 1) the 2015
Championship donation request of $250,000; and 2) discuss the rest of the supplemental items.
Rogers also said the VVF did exactly what she asked them to do to explain what the money will
be spent on. She said this is a great deal and she will be voting in favor of giving them the
money tonight. She stated she was one of the biggest critics but the VVF is very good at what
they do. She said she will trust if they didn't feel confident we would get the Nations event, they
wouldn't have brought it up. Rogers said bringing in one of the medal award races is exactly
what the American audience wants. It's an Important race and well worth the cost of $1.5
million to get the races here. Daly echoed thanks for the genuine effort and raising Vail's
stature and keeping our heritage alive.
Daly made a motion to approve the $250,000 for the VVF and Rogers seconded the motion; a
vote was taken and passed unanimously, 7 -0.
Daly had questions on the capital projects funds. He wants to delay the expenditures for the
variable message signs and way- finding system. Hall stated one sign is already ordered and
will be installed next week at the Solaris area. There was additional discussion on various line
items in the supplemental appropriation.
Daly made a motion to approve the Ordinance No. 6, Series of 2011, with the reduction of the
$250,000 variable message signs, and the motion was seconded by Newbury. A vote was
taken and the motion passed, 6 -1. Foley was opposed due to the uneven fund split between
capital and operations.
The seventh item on the agenda was a presentation of the 2010 year -end investment report.
Kathleen Halloran, Budget Manager, stated this report, per Section 2 -2 -8 of the Town Code
requires an annual presentation of the town's investment report, which is also provided as a
written report for each quarter. This agenda item is a presentation of the town's investment
report as of December 31, 2010.
Daly asked why a larger percentage of funds isn't in Certificates of Deposits (CD's). Halloran
said they have moved $5 million in new CD's into local banks. Camp said the yield on CD's is
no longer at the rates shown on the memorandum. She said the return was not there and they
will look at investments with Piper Jaffray and the best options. Daly asked for an update in 30
days. Judy Camp said staff will come back with more information.
The eighth item on the agenda was a discussion regarding the November 8, 2011 Regular
Municipal Election. The Council needed to discuss and decide to either hold an At- the -Polls or
Mail Ballot election.
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Pam Brandmeyer, Assistant Town Manager, stated the Council needs to make a decision on
whether to hold an At- the -Polls election or a Mail Ballot election for the November 8, 2011,
regular election of the Town of Vail. The town's charter states, "Section 2.3 - Municipal
Elections: A regular municipal election shall be held on the first Tuesday following the first
Monday in November. Due to this provision of the charter, the town does not have an option to
have a coordinated election with Eagle County, as the date of the State and County election will
be held on the first Tuesday in November, which is November 1, 2011. Other options are to
have an at- the -polls election or a mail ballot election.
Cleveland likes going to the polls and Rogers agreed. Donovan made a motion to have an at-
the -polls election for the November 8, 2011, election, and the motion was seconded by
Newbury. A vote was taken and the motion passed, 7 -0.
The ninth item on the agenda was a Town of Vail Real Estate Transfer Tax Exemption Appeal
for the property known as 600 Vail Drive A -5 and Parking Unit AP -25, Northwoods
Condominiums, Vail, CO. 81657.
Matt Mire, Town Attorney, stated the applicant has appealed the Town Manager's denial of the
Real Estate Transfer Tax (RETT) Exemption Application filed by Bonnie Hughey ( "Appellant ")
concerning property located in the Northwoods Condominiums (the "Property ").
On November 18, 2010, the Appellant, as Vice President of Pacific Condor and as Manager of
Parpolcondor, filed an application for a RETT exemption for the September 29, 2010, transfer of
the Property (the "Transfer "). The basis for the exemption request is that the Transfer was
made to an organization that is owned by the same party that owns the grantor organization and
that no funds were exchanged, other than a promissory note by the same party that owns both
the grantor and grantee organizations. On December 2, 2010, the Town Manager denied the
appellant's exemption application. The Appellant has appealed the Town Manager's denial on
the grounds that the Transfer was made to an organization which is owned by persons having
the same interest as the seller, and that no actual consideration was paid in the Transfer. To
qualify for a RETT exemption, an appellant must prove that: (1) the property owners must have
the same relative interest in Parpolcondor as they had in the property before the Transfer; and
(2) there is no consideration paid in the Transfer.
Mire stated for the record receipt of documentation received late from the appellant's law office
of Daniel Newman, P.A., the appellant's attorney, and the documentation is now part of the
record.
Cleveland opened the hearing and accepted all documentation, including the supplemental
received from the law office of Daniel Newman as part of the record. The applicant has the
burden of proving their case that an exemption from the RETT applies. Cleveland noted that
there wasn't a representative for the applicant at the meeting.
Foley made a motion to uphold the town manager's decision to deny the RETT exemption
request, and the motion was seconded by Tjossem.
Newbury asked Foley to the amend the motion to deny because the applicant has failed to
prove that the transfer qualifies for a real estate transfer tax exemption, for the following
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reasons: 1)The applicant failed to prove that the transfer was made to an organization that is
owned by the persons by whom such transfer was made. The evidence did not establish that
Parpolcondor was owned by the same persons who owned Pacific Condor; 2) The applicant
failed to prove that the owners of Parpolcondor have the same relative interests in Parpolcondor
as they had in the property immediately prior to the transfer and 3) There was consideration
paid in this transfer and therefore the transfer is disqualified from a RETT exemption.
Specifically, the evidence shows that a $1.2 million mortgage and note were executed by
Parpolcondor to Pacific Condor in the transfer. This mortgage is consideration under the Code,
because it is a mortgage given to secure the property's purchase price.
Foley so moved to amend his motion to include the above and Tjossem seconded the motion.
Cleveland then added that the motion should also be amended to include that the Council
requests the Town Attorney prepare written findings in this matter, stating the findings of fact
and conclusions of law forming the basis for the Council's decision. The Council will review and
approve the findings at its next regular meeting, and then a copy of the written findings will be
sent by mail to the applicant.
Foley amended his motion for the third time to include the amendments Cleveland added and
Tjossem seconded the motion. A vote was taken and the motion passed unanimously, 7 -0.
The tenth item on the agenda was the appointment of three members to the Art in Public
Places (AIPP), two members to the Design Review Board (DRB) and three members to the
Planning and Environmental Commission (PEC).
The Council interviewed all applicants at their work session today. Ballots were handed out and
after the Council voted, Newbury made a motion to appoint Susan Frampton, Kathy
Langenwalter, and Cookie Flaum to the AIPP, Rogers seconded the motion. A vote was taken
and the motion passed unanimously, 7 -0.
Newbury then made a motion to appoint Tom DuBois and Brian Gillette to the DRB, and Daly
seconded the motion. A vote was taken and the motion passed unanimously, 7 -0.
Newbury made a motion to appoint Michael Kurz, Luke Cartin and Pam Hopkins to the PEC,
and Foley seconded the motion. A vote was taken and the motion passed unanimously, 7 -0.
The eleventh item on the agenda was a construction contract approval for the Frontage Road
Shoulder Widening Project
Gregg Barrie, Project Manager, discussed the various add /alternate phases of the road work
with Council. The Frontage Road shoulder widening project will provide 6' wide paved shoulders
to the Frontage Road from the east end of Ford Park through the East Vail Interchange. The
town received nine qualified bids for the work. The original bid included the work from Ford Park
through the Bald Mountain Underpass. However, because the submitted bids were lower than
anticipated, staff is recommending that the full length of the project be completed during the
summer of 2011.
Barrie discussed the top four contracts with Council and said the town has a very qualified low
bidder. He stated the town staff has worked with all the top four bidders in the past. Barrie said
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staff recommends authorizing the Town Manager to enter into a Construction Agreement with
Columbine Hills Concrete, Inc., out of Summit County; in an amount not to exceed $1,246,000
for the full project. Barrie said Columbine Hills Concrete is a very qualified bidder and has
worked with CDOT in the past and the recommendation is based on the low bid and the
qualifications of the contractor.
Rogers asked if there is any idea why their bid states they can complete the job three weeks
sooner than the other contractors. Barrie said extra crews would be the best idea of why they
would finish earlier. Leonard Sandoval, Public Works Construction Coordinator, said Columbine
Hills Concrete has finished work as stated with the town on prior projects and they have a good
background with other Colorado Department of Transportation (CDOT) projects.
Tjossem said she feels strongly about keeping the contract award in the county and local if the
difference in the contracts is a 1.6% difference. She said for $12,476, it doesn't seem right to
give the contract to an out -of- county contractor with no penalties attached.
Cleveland asked for more information about Icon and their business history. He said the town
has a very tight schedule and a major international race coming up. Rogers agrees with
Tjossem about keeping the contract local. Daly asked if staff confirmed that Columbine will not
charge extra. Barrie said that is correct. Daly said there should be a bonus and a penalty
clause in the contract. Barrie said there is a $1,000 day penalty in the contract if the project is
not substantially complete by August 12, 2011.
Cleveland is concerned about finishing the project before August 24, 2011, as the damage
cannot be undone if the project is not completed on time.
Rogers made a motion to authorize the Town Manager to enter into a Construction Agreement
with Columbine Hills Concrete, Inc., for the construction of the Frontage Road shoulder
widening with future parameters needed to include bonuses and penalties. The motion was
seconded by Newbury. Further discussion ensued.
Jim Lamont, representing the Vail Homeowners Association (VHOA), said he has never had an
explanation on why the project is being done. Greg Hall, Public Works Director, said this project
has been in process since 1998 and is for improving safety for bicyclists.
Lamont said he wants the town to create a rating system that gives preferential treatment to
local contractors and asked that the Public Works Department be directed to come up with a
proposal for Council to consider.
Albert Quintano said Icon is located in Avon and has been in business for 13 years. He said
Icon had 40 employees at their peak and the number of local sub - contractors that will be used
for this project is 52. Icon would have twelve employees working on this project and would be
using B &B, another local contractor, to do the project. He said without Alternates 2, 3 and 4,
they could meet the June 26, 2011, deadline. He said CDOT is currently working with them on
a project in Grand Junction, Colorado. If April 18 is the start date of the project, Scott with
Scott Green Excavating said they weren't looking at it as a bonus but an accelerated date. He
has been in the community for 35 years and in business for 16 years and worked with B &B for 9
years. He said the bottom line is to keep the contract local because it will help other businesses
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in Eagle County and keep the dollars in the community. He said they have never missed a
deadline and have always worked within the project budget.
Robert Martinez, with Martinez Trucking in Minturn, said he has worked with Quintano, Green
and B &B and this project would be beneficial for his business as it will get a couple of guys off
unemployment.
Rogers asked what is in the bid of $783,034 from Icon, as she based her motion on $883,000
not $783,034. Barrie said the base bid for Icon is $783,034 and the base bid for Columbine
Hills is $770,558 and all work has to be done by August 12 He clarified that the base bid
included the road from the east end of Ford Park to the Bald Mountain Underpass.
Rogers withdrew her motion.
Tjossem made a motion to award the contract to Icon with the base bid of $783,034 plus
Alternate 3 work of $22,396 for a total of $810,430, and the motion was seconded by Rogers.
Further discussion ensued about local preferences and other bid awarding processes.
Newbury made a motion to move to executive session per Section 24- 6- 402(4)(b) for legal
advice on the bid process and the motion was seconded by Foley. A vote was taken and the
motion passed 7 -0. Council went into Executive Session at 10:32 P.M.
Council reconvened the regular evening meeting at 10:38 P.M.
Foley said he is voting against the motion as the preference discussion was not discussed prior
to this item discussion.
A vote was taken and the motion passed, 4 -3, with Cleveland, Newbury and Foley opposed.
The twelfth item on the agenda was a request to continue Second reading of Ordinance No. 15,
Series of 2010, an ordinance amending Chapter 12 -6, Residential Districts, Vail Town Code, to
establish the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto.
Bill Gibson, Planner, stated the applicant is requesting the Council table the second reading of
Ordinance No. 15, Series of 2010, to its May 3, 2011, public hearing.
Newbury made a motion to table second reading of Ordinance No. 15, 2010, to the May 3,
2011, evening meeting; the motion was seconded by Daly. A vote was taken and the motion
passed, 6 -1, Foley opposed as the time has dragged on too long.
The thirteenth item on the agenda was a request to table Resolution No. 23, Series of 2010, a
resolution amending Chapter VII, Vail Village Sub - Areas, East Gore Creek Sub -Area ( #6) to
include recommendations related to a new Vail Village Townhouse (VVT) District, and setting
forth details in regard thereto.
Bill Gibson, Planner, stated the applicant is requesting the Council table Resolution 23, Series
of 2010, to coincide with second reading of Ordinance No. 15, 2010 at its May 3, 2011 public
hearing.
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Rogers made a motion to table Resolution No. 23, Series of 2010 to the May 3, 2011, evening
meeting; the motion was seconded by Donovan. A vote was taken and the motion passed 6 -1
with Foley opposed as the time has gone on too long.
The fourteenth item on the agenda was adjournment.
Newbury made a motion to adjourn; the motion was seconded by Foley. A vote was taken and
the motion passed unanimously, 7 -0. The meeting adjourned at 10:43 p.m.
Respectfully submitted,
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, March 1, 2011
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
Andy Daly
Kerry Donovan
Kevin Foley
Kim Newbury
Margaret Rogers
Susie Tjossem
Kim Newbury
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation. Robert Milfeld, R.J. Limo of
Vail, stated he supports the current regulations of not allowing limousines on the top of
Vail Transportation Center (VTC) to solicit business. He said limousines are not allowed
by the Public Utilities Commission (PUC) to solicit for business and are only allowed to
pick up and drop off people that have made prior reservations. Brian Bosel, with High
Country Taxi, and Brad with Vail Coach agreed as well. They said the current system
the Vail police department put in place works and they support continuing the process
to keep it in place. Jonathan Levine, with Eco Limousine, said he originally came to the
meeting because he was still confused about the regulations in place. He wants to
make sure everyone follows the same rules. He said when the town prohibited limos on
the top deck of the VTC, there was an open void and Blue Sky Shuttle came in and
solicited business. He said several companies are misbehaving and have not taken the
regulations seriously, have been trolling for rides and the conflict between taxis, limos
and shuttles is more complicated and involved. He said another issue is oversized
vehicles and where the police department wants the limos to pick up and drop off does
not have adequate access and maneuverability for his vehicles. He said he can live with
what is currently approved except for access. He wants to form a committee made up
of limo, taxi and shuttle representatives to come up with solutions with the police
department.
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Avi, with Rocky Mountain Limousine, said the Federal PUC laws state the limo
companies cannot pick up clients from the street; there has to be a prior reservation.
He said if you want to be a taxi, go get a license to do that instead of being a limo
company. He said everyone should obey the law. Jacob, with Colorado Mountain
Transportation, said the problem is Levine comes with all his fleet and takes all the
spaces for pick up and drop off. He leaves no place for taxi's to park. He said Levine
takes up the whole area with his vehicles. He said the police need to control the
situation and monitor the VTC so that only taxis can wait and pick up passengers with
no reservation.
Foley reminded the community there is a State of the Town meeting on Tuesday, March
8, 2011, at 6:00 p.m. to 8:00 p.m. at Donovan Pavilion.
The second item on the agenda was a presentation of the Silver Wreath Medal of Valor
Award to Melissa Bixler.
Dwight Henninger, Vail Police Chief, presented the department's Silver Wreath Valor
Award to Melissa Bixler. He introduced Ms. Bixler and said Ms. Bixler disarmed a
suicidal person on January 4, 2011, thereby saving the person's life. Chief Henninger
said the Silver Wreath of Valor is the highest award the Vail Police Department can
bestow on a Vail citizen and thanked Melissa Bixler for her service. Cleveland read the
proclamation and thanked her for being an asset to the Vail community.
The third item on the agenda was the Consent Agenda:
1. Approval of the February 1, 2011 meeting minutes; and
2. Approval of the February 15, 2011 meeting minutes.
Foley made a motion to approve the meeting minutes of February 1, 2011, and
February 15, 2011, with the correction to remove Newbury as being at the February 1,
2011, meeting as she was absent; and the motion was seconded by Tjossem. A vote
was taken and the motion passed unanimously, 7 -0.
The fourth item on the agenda was the Town Manager Report.
Kathleen Halloran, Budget Manager, discussed the Revenue Highlights through
February 22, 2011, with the Council. She said upon receipt of all sales tax returns,
January collections are expected to be around $2.7 million, up 10.3% from budget and
8.3% from last year. The ski season (November- January) is up 11.6% from the prior
year. Inflation, as measured by the consumer price index, was up 1.6% in January. She
said the Real Estate Transfer Tax (RETT) collection total through February 22, 2011,
was $582,966, up 13.8% from this time last year. Approximately $350,240 or 60 %, was
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from major redevelopment projects including Manor Vail, Mountain View, Ritz Carlton
Residences, Solaris and The Sebastian. Collections not related to major redevelopment
projects totaled $232,726 compared with $325,318 through 2010, a 28% decrease. The
Parking Revenue Pass sales total through February 22, 2011, is $113,635, up 28%
from 2010. She also stated the daily sales from the parking structures total was
approximately $1.3 million, down 30% from 2010. However, the 2011 sales are only as
of February 22, not the full month. It looks like it will be more like 20% down.
The second topic discussed under the town manager's report was the Forest Service
Land Swap Exchange.
Diane Johnson, Eagle River Water and Sanitation District ( ERWSD) representative,
discussed the memorandum she submitted to Council and asked the Council to send a
support letter to the U.S. Forest Service by the March 11, 2011, deadline. She
discussed the five parcels (out of fourteen) that ERWSD are interested in. She said
there are two parcels in the Vail area which are located in the Potato Patch area. The
ERWSD wants to acquire parcel 9a and place a two- million gallon storage tank in that
area in order to service the Town of Vail for emergency services. Cleveland said the
Colorado Department of Transportation (CDOT) needs to relocate their maintenance
facility from Dowd to that parcel as well. Cleveland asked if the Council is in support of
sending the letter.
Daly made a motion to send a letter of support to the U.S. Forest Service, and the
motion was seconded by Foley. A vote was taken and the motion passed, 7 -0.
The fifth item on the agenda was preliminary year end results and first reading of
Ordinance No. 6, Series of 2011, an ordinance making supplemental appropriations to
the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Dispatch Services Fund, and Heavy Equipment Fund of the 2011 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.
Kathleen Halloran, Budget Manager, discussed the first supplemental to the 2011
budget with the Council. She recapped the 2010 year end results, and said an all -time
record December lead to a $17.7 million sales tax which was a 4.5% increase over the
prior year. The Real Estate Transfer Tax (RETT) fund was $7 million, the second
highest in history due to major redevelopment projects. Total revenue for 2010 of
$51.5 million is up 18.7% from 2009. With regard to expenditures, there was $2 million
in general fund savings. One -half million of that was from salary savings due to
eliminated and vacant positions. All of these contributed to keeping the general and
reserve funds healthy. The current supplemental request is for on -going capital
projects. Daly doesn't agree with adding supplemental re- appropriations until actual
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projects come back. He wants the parking structure and energy projects presented to
Council prior to being included in the later 2011 supplemental appropriations.
Cleveland shared the same concern about the parking structure costs. Further
discussion ensued regarding various items of the supplemental.
Included in the supplemental was a request of $250,000 for 2011 to support the 2015
Championships. Harry Frampton, Vail Valley Foundation (VVF) Chairperson, said he
understood there were concerns among the Vail Community because there aren't any
races in 2015 that take place in Vail. He said the VVF lost over $1 million after each of
the 2009 and 2013 championships. The VVF had to decide whether to go for the 2015
Championships as they risked $1 million to go through the process. He said the FIS
process is a long process, which began a year earlier. He stated the FIS gave $42
million to Garmisch for their championships and that Garmisch had an advantage
because their government contributed $40 million to their championships.
Frampton said the VVF received a contract from FIS for $35 million, which is $7 million
less than they were told and had to reconsider whether to move forward with the
championships in Vail and Beaver Creek. He said raising additional funds will be
difficult as the FIS sells all the sponsorships. All the VVF will have is local sponsorships
and government support. The VVF has analyzed their options on how to save money
and raise money. He said they will save $5 million by combining two venues down to
one.
Frampton said one billion people are predicted to view the races on television. He gave
the example that when the Olympics were in Canada, Whistler received credit even
though no races were held at Whistler. If marketed properly, Vail will see big benefits.
VVF is proposing that Vail host many events such as the Opening Ceremonies, Awards
Ceremonies, animation and video screens.
Rogers asked about the return on investment (ROI) and how much bang for the buck
Vail can expect. Frampton said it would be impossible to predict. He said skiers from
70 countries will be here and 10,000 people will be here participating in the
championships, over 30 hours of television and 1 billion viewers, and approximately
200,000 spectators and many articles will be written about Vail.
Newbury said there are so many people in the community questioning why Vail is
spending money on an event that will not be held in Vail. She reiterated that it doesn't
matter how they could improve or alter the mountain because it would cost millions
that is not available. John Dakin, with the VVF, said the only races that could
potentially be in Vail would be the women's slalom and women's giant slalom. Daly
asked what the FIS concerns were for having races in Vail. Dakin said the standards
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have changed dramatically and it comes down to the short distance in the finish area,
stopping and safety of the athletes, as well as the cost of having a second stadium and
broadcast center.
Mike Cacioppo said he wants the Council to put pressure on the VVF to have some of
the races in Vail and the VVF could raise more money. Jonathan Staufer, Vail business
owner, expressed that he wants to see some of the women's races in Vail. Rob
DeLuca, resident and business owner, wants the women's races in Vail as well.
Ceil Folz, President of the VVF, said to add races in Vail would cost approximately $5 -7
million. Some of the costs are $2.8 million for television duplication, $2 million for the
media center, IBC duplication, volunteer and VIP headquarters and $2 million for the
finish stadium at Golden Peak.
Tjossem asked what kind of assurances Vail would have that team houses will be in
Vail. Folz stated the media, each TV station and team houses make their own choices.
She also said typically the team houses are where the awards are held. The VVF can
only support them in making good choices.
Billy Suarez, a Vail restaurant owner and member of the Vail Chamber and Business
Association, asked if it was too late to bring races to Vail, they need to just say it. Kaye
Ferry, resident, stated she agrees with everything said by the business community.
Folz stated there are only three ways the VVF can raise funds: $6.5 million from private
donations; $5 million from government donations; and some additional funding from
event ticket sales.
Daly made a motion to approve first reading of Ordinance No. 6, Series of 2011,
excluding $239,000 for the parking structures, $866,754 for the facilities capital
maintenance funds and $459,679 out of the capital street maintenance funds until more
details are brought before Council. He also asked the VVF for a detailed budget for
potentially having a race in Vail. The Council can then address the $250,000
expenditure for the 2015 Championships before second reading; the motion was
seconded by Tjossem.
Rogers said her concern is that Vail needs to know how their financial contribution will
be used, marketing versus races, and what the ROI could be. Tjossem said if the
money Vail contributes is used for marketing this is a great use of funds as the local
marketing district funds of $1.7 a year only covers local marketing. The $1.5 million for
the championships would contribute to international marketing. Frampton said the
reality is unless Vail has $7 million to contribute, races will not happen in Vail. If Vail
doesn't contribute any money, they will have to de- emphasize Vail as part of the
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championships. The VVF doesn't have any money and they will have to go to other
entities to raise the money.
Foley said he won't be supporting the ordinance for supplemental appropriations.
Halloran asked that $175,000 be added back in the supplemental: $130,000 for the
energy audit work which is under contract; $20,000 for a final payment of garage doors
under contract; and $25,000 for the VVI loading and delivery elevator construction
already approved by Council.
Daly amended his motion to add $175,000 back into the supplemental and the motion
was seconded by Tjossem. A vote was taken and the motion passed, 5 -2 with Rogers
and Foley opposed.
The sixth item on the agenda was Proposed Amendments to 12 -13 -5: Employee
Housing Deed Restriction Exchange Program portion of the town code.
Nina Timm, Housing Coordinator, stated staff is requesting feedback to move forward
on other options for the Employee Housing Deed Restriction Exchange Program. She
said that on January 6, 2009, the Town of Vail adopted the Employee Housing Deed
Restriction Exchange Program. On February 15, 2011, the Council requested staff
present amendments to the Exchange Program. Staff recommends the following: 1)
Continue to utilize the existing Exchange Rate Formula; 2) Town Council adopts an
Exchange Rate Formula for EHU owners who are not required to have their EHU
occupied; and 3) Fee -in -lieu payments are the preferred exchange methods. The
primary change is proposing a new exchange method, which is a cash payment only
option allowing a deed restricted unit to be paid instead of provided. She said fewer
than 75 units would take advantage of this program. Currently no one has taken
advantage of the current program. Further discussion ensued on various options and
policy direction was requested.
Galen Aasland, resident, said when Ordinance No. 9, of 1992, was approved, any unit
before that time is not an EHU, and 53 units fall under this category. Prior to 1992
there was no definition that clarified the difference between primary and secondary
units. The town recognizes that units prior to 1992 are not EHU's.
Craig Cohn, who lives on Buffehr Creek Road, said he has an EHU and said writing a
check is not a realistic goal for a working person. He said the goal is to increase EHU's
in town. The town should consider allowing an exchange that includes having a
separate unit that may have a mortgage attached with it as another option.
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Rogers made a motion to support an effort to move forward with modifying this
program and the motion was seconded by Foley. A vote was taken and the motion
passed, 6 -1, with Donovan opposed.
The seventh item on the agenda was a discussion regarding proposed amendments to
the Town of Vail Employee Housing Strategic Plan.
Nina Timm, Housing Coordinator, asked the Council if they supported the amendments
recommended by staff. She said on September 2, 2008, the Town of Vail adopted the
Employee Housing Strategic Plan that identifies a number of action steps for the Town
towards achieving its goal of ensuring there is deed restricted housing for at least 30%
of Vail's workforce within the Town of Vail. On February 1, 2011, Council received a
memorandum providing an update on the actions taken. At that meeting, Council
requested staff propose amendments to the Employee Housing Strategic Plan to
address the full spectrum of wage earners in Vail, with a particular focus on families
earning greater than 120% of Area Median Income ($103,920 per year for a family of
four). Staff recommends Council move forward with funding for the infrastructure at
Chamonix Commons; add the Middle Bench of Donovan Park; add 2507 Arosa Drive
(Town Manager's residence); and Sandstone Park to the Implementation Matrix.
Timm said adding 2507 Arosa Drive, which is the town manager's residence, which was
built in 1979 and sits on a third of an acre, could accommodate two units. Staff said
land swap opportunities with the water district in East Vail and West Vail exist. Timm
said all the properties can be added to the implementation matrix and provide desirable
living opportunities for the future.
Further discussion ensued on all the proposed options. Newbury said the Housing
Authority has not been consulted on these items and wants this to go to the Housing
Authority for consideration first. Council decided to have the Housing Authority review
this first. Council decided not to move forward on this item at this time.
The eighth item on the agenda was an overview of the Lionshead Redevelopment
Master Plan; Lionshead Mixed Use 2 Zone District; the development review process and
the five development review applications intend to facilitate the Ever Vail Project.
Cleveland stated the Council has opened the process for a formal review of Ever Vail.
He stated there are five development review applications which will be reviewed in the
coming weeks. He stated a work session will be held on March 15, 2011 and an update
on zoning, Lionshead Mixed Use 1 (LHMU1) and Lionshead Mixed Use 2 (LHMU2) will be
discussed so the Council can understand the implications.
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Cleveland also stated at the Council's evening meeting of March 15, 2011, Vail Resorts
will give a presentation outlining the entire project and will be open for discussion that
evening. There are not set dates for conclusions on the project.
George Ruther, Community Development Director, requested the Council table
Ordinance No. 7, Series of 2011, (Rezoning), Ordinance No. 8, Series of 2011, (SDD
Amendment), and Ordinance No. 9, Series of 2011, (Title 12 Zoning Code Amendment),
and Resolution No. 6, Series of 2011 (Lionshead Redevelopment Master Plan
Amendment), to the March 15, 2011 public hearing.
Ruther stated staff will provide an overview of the project and discuss actions taken by
the Planning and Environmental Commission (PEC) to date at the evening meeting of
March 15, 2011.
Newbury made a motion to continue Ordinance No. 7, Series of 2011, (Rezoning),
Ordinance No. 8, Series of 2011, (SDD Amendment), and Ordinance No. 9, Series of
2011, (Title 12 Zoning Code Amendment), and Resolution No. 6, Series of 2011
(Lionshead Redevelopment Master Plan Amendment), to the March 15, 2011 public
hearing; and the motion was seconded by Donovan. A vote was taken and the motion
passed unanimously, 7 -0.
The ninth item on the agenda was adjournment.
Foley made a motion to adjourn, and the motion was seconded by Newbury. A vote
was taken and the motion passed unanimously, 7 -0. The meeting adjourned at 8:55
p.m.
Respectfully submitted,
Dick Cleveland, Mayor
Attest:
Lorelei Donaldson, Town Clerk
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ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Town Manager Report:
Eagle County Regional Planning Advisory Committee Invitation
PRESENTER(S): Various
ATTACHMENTS:
Eagle County Regional Airport Planning Advisory Committee Invitation
4/19/2011
Stan Zemler
From: Chris Anderson <Chris.Anderson @eaglecounty.us>
Sent: Wednesday, April 13, 20114:09 PM
To: Stan Zemler
Subject: Eagle County Regional Airport Planning Advisory Committee Invitation
Attachments: EGE PAC Zemler.pdf
Mr. Zemler,
As you may know the Eagle County Regional Airport has commenced on an update of its airport Master Nan. The 18
month Master Plan Update project will inventory the airport's existing facilities, forecast airport activity over a 20 year
period, and forecast future facility and financial capital needs to meet forecasted growth demands. Community and
stakeholder participation is critical to the success of the development of an airport Master Plan, to ensure that the
airport may continue to meet the goals and needs of the community that it serves.
It is our pleasure to extend an invitation to participate on the Eagle County Regional Airport Master Plan Update
Planning Advisory Committee (PAC).
Details of participation on PAC participation can be found in the attached letter.
Please let me know by replying to this e-mail if you are able to accept this appointment, or if you would like another
person to participate on behalf of your organization. Also, please RSVP is you desire to participate in one of the airport
tours.
We look forward to your participation in this process! Please let us know if you have any questions. We are available at
your convenience.
Sincerely,
Chris Anderson
Terminal Manager
Eagle County Airport
(970) 328 -2680 Office
(970) 328 -2687 Fax
www eaglecounty uslairport
` Please consider the environment before printing.
4/19/2(A i
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: USA Pro Cycling Challenge Update
PRESENTER(S): Ceil Folz and Adam Lueck, Vail Valley Foundation
ACTION REQUESTED OF COUNCIL: Listen to the presentation and ask any questions.
BACKGROUND: The purpose of this session is to provide the Council with an update on the
USA Pro Cycling Challenge, formerly known as the Quiznos Pro Cycling Challenge. Updates
will include benefits to the Town of Vail for the $175,000 cash and $25,000 in -kind sponsorship
fees as well as the proposed route for the August 25, 2011 Vail Time Trial and resulting
impacts to businesses and residents.
ATTACHMENTS:
USAPCC Tov Update 041911
4/19/2011
USA P ro Cycll Ch
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USA Pro Cycll Ch
• Name & Logo Change
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— Reflects a national and global repositioning of
the race.
— Helps to define what the event is.
— Quiznos is still in for their full sponsorship
commitment.
4/19/2011
4 -1 -2
USA Pro Cycling Challenge
• Vail Event Summary
—Vail Time Trial on Thursday, August 25 t
—Time Trail Start approx 12pm
—Time Trail End approx 4pm
—Time Trail is arguably the best stage of the tour
to have and will generate the most exposure
relative to any other stage.
USA Pro Cycli Ch
• Vail Event Local Organizing Committee
— Spearheaded and lead by Vail Valley Foundation
— Representation by TOV staff and community members
throughout Executive and Committee levels
— Committees focusing on:
• Technical
• Marketing / PR
• Lodging
• Hospitality & Ancillary Events
• Volunteers
• Sponsorship
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4 -I -4
USA Pro Cycli Ch
• Event Budget Summary
— TOV investment of $175k + $25K in -kind services
• TOV contribution to pay for host city items
— Tour Entourage and Athlete lodging - $65K
— Athlete /Tour Entourage /Volunteer meals - $3oK
— Hospitality F &B - $15K
— Venue & Facility requirements - $12K
— Marketing & PR - $1oK
— Insurance - $6K
— Ancillary Events - $25K (Artist Fees, sound, staging, etc.)
— Misc requirements — $5K (Awards, gift Bags, decor, etc.)
• TOV Contribution only used for Vail Event
4 -1-
USA Pro Cycling Challenge
• Vail Stage Details
— 120+ International world class athletes
— 20,000- 30,000 conservative estimated on -site spectators
— 3 -6 Million dollar conservative estimated local economic
impact (Based on Tour of Missouri impact study)
— 500+ credentialed media resulting in millions of world
wide impressions
— 400 official volunteers
— 600 official tour staff
— 400 tour staff hotel rooms
USA Pro Cycll Ch
•
Vail Stage Overview
— Time Trial from Vail Village to Vail Pass (old Hwy 6 Cul -de-
Sac)
• Entire Stage is inclusive to Vail
• The most spectator friendly stage (verses a stage start or finish)
— Course Description
• Start on Meadow Drive in front of Solaris
• Right onto Willow Bridge Road
• Left onto Gore Creek Drive
• Left onto Vail Valley Drive
• Right onto Frontage Road
• Frontage Road to East Vail and up to Cul -de -Sac
4/19/2011
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USA Pro Cycll Ch
•
Vail Stage Overview
— Road Closures — Long Term
• Meadow Drive from late Wednesday, 24th to End of Day on
Thursday, 25th
• Willow Bridge Road & Gore Creek Drive (for deliveries)
Thursday, 25th
— Road Closures — Short Term (liam
• Vail Valley Drive (staffed vehicle crossings)
• Frontage Road between Transportation Center and East Vail
Exits (staffed vehicle one way traffic)
• Big Horn Road (staffed vehicle one way traffic)
4/19/2011
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USA Pro Cycling Challenge
• Media Update
— Tour TV Package
• 25 hours on Versus and NBC for total tour package
• Two hour live show broadcast from Vail on Versus
• 1.5 hour recap show that evening from Vail on Versus
• Two hour live webcast from Vail
USA Pro Cycll Ch
• Vail Benefits and Rights
— Promotional
• Opportunity for Vail to submit a national caliber 3osec
commercial to air on Live Broadcast for Thursday stage
• Vail host city page on USAPCC website
• Logo inclusion on all LOC printed marketing materials
• Name recognition on all LOC radio spots
— On -Site
• Vail header sign on TT starthouse
• Vail banners in Field of Play
• PA announcements onsite
• Big- Screen commercial
• Opportunity for -expo booth space
4 -1 -10
USA Pro Cycling Challenge
• Vail Benefits and Rights
— Hospitality and Ancillary
• VIP Hospitality Invitations
• Awards Presentation by Town Dignitary
• Forerunner and Citizens ride spots
USA Pro Cycling Challenge
• Multi -Day Destination Event
— Couple Vail stage with Avon stage to create a compelling
reason for spectators to visit Vail and Avon and stay for
more than just the day
— Three night hotel stay packages
— Animate around the event to create a lasting impression
on spectators and the tour.
USA Pro Cycll Ch
• Multi -Day Destination Event
—Thursday Ancillary Events
• Time Trial Forerunners
— Coors Classic Winners
— Celebrities
— VIP's
• Village animation post race
— Pasta Cookoff Concept
— Free Concert at Mountain Plaza
• Coors Classic Reunion
4/19/2011
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USA Pro Cycll Ch
• Multi -Day Destination Event
— Friday Ancillary Events
• Citizens Ride from Avon to Wolcott Divide for
premium viewing of first big climb of the day.
• Avon Start Line animation
— Taste of Avon or BBQ Cook -off
— Kids events / races
• Headliner paid concert at GRFA Friday evening
— Saturday Ancillary Events
Exploring 2nd Citizens ride on Saturday morning.
4/19/2011
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Conference Center Ballot Language and Timing
PRESENTER(S): Stan Zemler and Judy Camp
ACTION REQUESTED OF COUNCIL: Staff requests feedback from Council on both ballot
timing (August 23 or November 8) and if there is a preferred format for the ballot based on the
examples provided.
BACKGROUND: The purpose of this session is to provide Council with samples of ballot
language, as well as additional information surrounding each potential election date.
STAFF RECOMMENDATION: Staff recommends that Council provide staff with direction on
ballot timing and if there is a preferred format for the ballot language.
ATTACHMENTS:
041111 Ballot Language Memorandum
Sample August Ballot Language
Sample November 2011 Ballot Lnguage
4/19/2011
MEMORANDUM
To: Town Council
From: Stan Zemler and Judy Camp
Date: April 14, 2011
Subject: Conference Center Funds Ballot Question and Election Timetable
Background
On November 5, 2002, the electors of the Town of Vail approved a ballot measure authorizing
the imposition of a 1.5% lodging tax and a 0.5% sales tax for the purpose of building and
operating a conference center. On November 8, 2005, the voters rejected a second ballot issue
that would have increased the lodging tax to cover additional costs of construction and
operation of the conference center. In rejecting the tax increase, the electors also voted to
terminate the existing tax and "either refund any remaining revenues from such taxes pursuant
to such refund methodology as the Town Council determines or submit a question to the voters
on how such revenues shall be used."
During the three years the conference center taxes were in effect, a total of $10.6 million was
collected. Approximately $2.4 million of the tax was spent on planning, design, engineering, and
financing of the proposed conference center and administration of the funds, leaving $8.2 million
of unspent funds at the end of 2005. Since then, the segregated funds have earned investment
income to bring the available funds to $9.4 million.
On February 7, 2006, Town Council voted unanimously to direct staff to not pursue determining
how to refund the tax collected. Efforts to determine the best use of the fund to present through
a ballot issue have been ongoing since that time. Town Council has twice taken formal action to
defer a ballot issue for use of the funds. On April 17, 2007, Council voted unanimously to
postpone the ballot- setting process until 2008 when additional information would be known
regarding future plans for public parking and a privately- funded conference center as part of the
LionsHead parking structure redevelopment process. On February 19, 2008, Council voted 4 -3
to defer a ballot question on the conference center funds until at least 2009.
Most recently, on April 5, Kent Logan and Stan Zemler presented an update of three concepts
developed during a public outreach process led by Kent. A brief discussion of ballot language
and election timetable was included in that meeting. At your direction, legal counsel has
provided additional samples of ballot language shown below. Tuesday's meeting is also an
opportunity to take a more detailed look at election timing.
A community open house featuring the three concepts plus the recently submitted Ford Park
Gardens and possibly other ideas will be held 4:00 — 6:00 p.m. prior to your evening meeting on
Tuesday. Also, staff is meeting with various community organizations including the Vail
Economic Advisory Council, the LionsHead Merchants Association, the Vail Chamber and
Business Association and the Vail Local Marketing District Advisory Committee. The
community input gathered from these events will be summarized and presented to Council on
May 3.
Ballot Lanquage
Town Council has just one opportunity to submit a ballot question to the voters on this issue. If
the question fails, any money collected through the conference center taxes and not spent on
the original proposal must be returned through a reasonable methodology determined by
Council.
1
4/19/2011
5 -I -1
The following are sample questions with different approaches. The samples currently include
the three projects staff have been directed to explore as a result of the public outreach process
facilitated by Kent Logan. Projects may be added, deleted, or changed up until Council
approves the ballot language by resolution on June 21 for an August 23 election or August 18
for a November election. A summary of the input currently being gathered from the community
will be presented on May 3.
Sample #1 — Asks for authority to spend the funds within certain parameters and provides
examples but does not limit the spending to specific projects. This sample was included on
April 5.
Shall the Town of Vail use existing lodging and sales tax revenues that were
originally collected for a conference center to fund projects and activities that
will promote recreation and tourism in the Town of Vail, such as, but not
limited to, the following: expansion of a welcome center, guest services
enhancements, upgrades to existing recreational and cultural facilities and
construction of new recreational and cultural facilities?
Sample #2 — Allows the voters to choose among projects.
Shall the Town of Vail use existing lodging and sales tax revenues that
were originally collected for a conference center to fund projects and
activities that will promote recreation and tourism in the Town of Vail?
YES. If voting "yes ", vote for not more than two of the following
projects:
Vail Village Welcome Center improvements.
Golf course clubhouse improvements.
Expansion of fields at Ford Park.
NO.
Sample #3 - includes specific projects selected by the Town Council.
Shall the Town of Vail use existing lodging and sales tax revenues that
were originally collected for a conference center to fund the following
projects that will promote recreation and tourism in the Town of Vail: Vail
Village Welcome Center improvements; golf course clubhouse
improvements; and the expansion of the fields at Ford Park?
YES.
NO.
Election Calendar
There are two options for an election this year — a special election on Tuesday, August 23 or the
regular municipal election on Tuesday, November 8.
2
4/19/2011
5 -I -2
A special election on August 23 is the earliest opportunity to get the question in front of the
voters. Reallocation of the conference center funds would be the only issue on the ballot and
may generate more voter attention to the issue since it is not competing with other items. With
an August 23 election the issue will be decided before the regular municipal election in which
four seats on the Town Council will be chosen. The earlier special election is also before the
2012 budget is adopted and the outcome of the election can be considered in the budget
ordinance including appropriations to begin work on selected projects. If the ballot question
fails, more time is available to implement a refund methodology. Potential downsides of the
special election are the timeline that must be met per Colorado election law and the additional
cost. As shown in the attached sample calendar, June 21 is the latest possible date for council
to adopt a resolution setting the ballot language. The cost of the election is approximately
$12,000, which has not been budgeted.
The regular election on Tuesday, November 8, allows more time for public comment and
Council consideration prior to adopting ballot language by resolution on August 16 (at the
latest). With Council seats on the ballot, there may be higher participation in a November
election than a special election in August. Since the regular election is already planned, there is
no additional expense to add the conference center question. As mentioned above, the 2012
budget is planned for approval prior to the November election, which means it will be necessary
to amend the budget to reflect the outcome of the election. If the ballot issue fails, there will be
less time available to adopt and implement a refund methodology if implementation is January
1.
Regardless of the timing of the election, once a resolution is adopted to put the question on the
ballot, the issue falls under the requirements of the Fair Campaign Practices Act and Council
activity related to the issue is limited. Candidates, whether incumbents or not, could advocate
about the conference center funds ballot issue on their own time with their own funds. However,
the ballot question will be set by the current council well before the council election.
Refund Methodology - This information is repeated from the April 5 packet for your
information since it is related to the ballot issue.
If the voters do not authorize spending the conference center funds, the funds must be
refunded, with the methodology determined by the Town Council. TABOR legislation allows
local governments to "use any reasonable method for refunds..... including temporary tax credits
or rate reductions." (Colorado Constitution Article X, section 20(1).
One reasonable refund methodology would be for the Town to suspend a small portion of the
existing sales tax on lodging for a term of years or until the full refund amount is reached. As an
example, if the sales tax on lodging only were reduced by 0.3 percentage points from 4.0% to
3.7% and lodging sales remained at 2010 levels, the unspent tax collections would be repaid in
20 years.
Reducing the sales tax rate has the advantage of being relatively simple to implement. Since
we certainly could not expect to return the funds to the taxpayers who paid them originally, this
method achieves a distribution to a similar group of people. Other methods, reduction amounts,
and /or time periods could be considered as long as the method is reasonable.
Once Council determines a refund methodology, it should be adopted by ordinance following
the election if the ballot issue requesting authorization to spend the money fails.
3
4/19/2011
5 -I -3
Council Direction
Staff requests direction on these items:
• Ballot timing — Should staff continue to work toward an August 23 special election or
include the conference center funds reallocation question in the general election on
November 8?
• Ballot question — Does Council have a preferred format based on the samples provided
above?
4
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TOWN OF VAIL
Tuesday, August 23,2011* Special Election Calendar
SAMPLE ONLY
FYI: Possible Town of Vail Special Election would be an At -the -Polls Election (or mail ballot ?),
which will be held at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, CO
from 7:00 A.M. to 7:00 P.M. on August 23, 2011* (date is not set, example purposes only).
Possible Ballot Question re: Use of Conference Center Funds
Dates Town of Vail Special Election
August 23, 2011*
June 21(Tues) Latest date for approving a Resolution to approve ballot
issues to be placed on election ballot (per town attorney)
July 8 (Fri) 45 days Any Ballot Issues - Last day for Pro /Con statements (31-
*deadline falls on Sat so 10- 501.5; 1 -7- 901(4)(45 days)
Friday deadline date) Does this apply ?? VERIFY
July 19 (rues) Last day to Appoint Election Judges at TC evening mtg.
(31 -10 -401)
July 22 (Fri) Last day to mail TABOR ballot issue notices (31- 10- 501.5)
If applicable VERIFY
July 24 ( Sun) Last day a person can move into municipal precinct in
which they want to vote; 30 days (31 -10 -208)
July 25 (Mon) 29 days Last day to register to vote (31 -10- 203(2)
July 26 (Tues) 28 days Last day to give County Clerk any voter registration forms
of anyone who registered with Muni Clerk
August 1 — Mon Election Judges School -In TOV admin conf room
August 10 - Wed Get Poll Book from Eagle County
August 11 (Thurs) 12 Ballots must be in possession of Muni. Clerk (31 -10 -902)
days Absentee ballot requests mailed out
EARLY VOTING BEGINS
POST election notice (from 6/2 to 6/14) (31 -10 -1005)
August 11 (Thurs) Mail copy of Notice of Election to County Clerk (no later
than 10 days prior to election)
August 12 (Fri) 10 Written notice of election must be published and posted
days* (add to website)
(* 10 days falls on Sat (31 -10 -501) send to newspaper on Wed 5/31/11 for 6/3/11
so Fri before election) newspaper edition
August 19 (Fri) Last day of early voting (31 -10- 1005(1 & 2)
Last day to request absentee ballot (31 -10 -1002)
August 23 (Tues) Election Day Polls open from 7:00 a.m. to 7:00 p.m.
** *Latest date a special election can be held prior to regular
election is August 23, 2011 (90 days prior to regular
election). Cost comparable to cost of regular election and
would need additional funding (approx. $12,000 + / -)
4/19/2011
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TOWN OF VAIL
Tuesday, November 8, 2011 Election Calendar
FYI: The Town of Vail Regular Municipal Election will be an At- the -Polls Election, which will
be held at the Town of Vail Municipal Building, 75 South Frontage Road, Vail, CO from 7:00
A.M. to 7:00 P.M. on Election Day.
Terms Expiring
Dick Cleveland 4 year term
Andy Daly 4 year term
Margaret Rogers 4 year term
Kim Newbury 2 year term
Candidates receiving the three highest number of votes shall be elected for four -year terms and
the fourth highest votes shall be elected to a two -year term of office.
Dates Eagle County Coordinated Town of Vail Election
Election is Nov. 1, 2011 Nov. 8, 2011 (separate)
July 22, 2011 (Friday) Last day to notify County of Or NOTIFY EAGLE
participation in Eagle County COUNTY THIS WILL BE AN
Election (100 days prior) 1 -7- AT THE POLLS ELECTION
116(5) and 1 -1- 106 -(5)
Aug 2 (Tues) Latest date for i reading to
approve any ballot issues to
be placed election ballot
Aug 10 (Wed) First day applications for
absentee ballots may be filed
in writing with clerk; 90 days
before (31 -10 -1002)
Aug 16 (Tues) Latest date for a 2 reading
to approve ballot issues to be
placed on election ballot
Sept. 12 ( Mon) First day nomination
petitions may be circulated
(31 -10- 302(2)(50 days)
Sept 23 (Fri) 45 days Any Ballot Issues - Last day
*deadline falls on Sat so for Pro /Con statements (31-
Friday deadline date) 10- 501.5; 1- 7- 901(4)(45 days)
October 4 (Tues) Last day to Appoint Election
Judges at TC evening mtg. (31-
10 -401)
Oct 7 (Fri) * 30 day Last day nomination petitions
deadline falls on Sunday can be circulated, signed and
so Friday preceding is filed with municipal clerk for
deadline date) regular election. (31 -10- 302(2)
(30 days prior to election)
October 7 (Fri) Last day to mail TABOR
ballot issue notices (31 -10-
501.5) If applicable
4/19/2011
5 -3 -1
Oct 9 ( Sun) Last day a person can move
into municipal precinct in
which they want to vote; 30
days (31 -10 -208)
Oct 10 (Mon) 29 days Ballot arrangement of names
of all duly nominated
candidates (draw names); 31-
10- 902(2)
(Monday after deadline)
Last day to register to vote (31-
10- 203(2)
Oct 11 (Tues) 28 days Last day to give County Clerk
any voter registration forms of
anyone who registered with
Muni Clerk
Oct 14 (Fri) 24 days* Last day any person who has
*falls on Sun. so accepted a nomination — to
deadline is Friday withdraw from such
nomination (23 days before
election — 31 -10 -303)
Last day to order ballots after
close of day. Send out memory
cards to be programmed!
Oct 18 (Tues) 21 days 1 FCPA contribution report
due from candidates
Oct 19 (Wed) 20 days Town Council Candidate
TBD Briefing from 5:00 p.m. to
7:00 p.m. in the Town Council
Chambers /roles /responsibilities
Oct 26 (Wed) 13 days VCBA Candidate Forum from
TBD 6pm to 8pm
Oct. 19 — Wed (8a -12p) Election Judges School
or In TOV admin conf room
Oct 25 —Tues (lp -5p) Get Poll Book from Eagle
County by 10/25
Oct 27 (Thurs) 12 days Ballots must be in possession
of Muni. Clerk (31 -10 -902)
Absentee ballot requests
mailed out
EARLY VOTING BEGINS
POST election notice (from
10/27 to 11/8) (31 -10 -1005)
Oct 27 (Thurs) Mail copy of Notice of
Election to County Clerk (no
later than 10 days prior to
election)
4/19/2011
5 -3 -2
Oct 28 (Fri) 10 days* Written notice of election must
(* 10 days falls on Sat be published and posted (add
so Fri before election) to website)
(31 -10 -501) send to newspaper
on Wed 10/26 for 10/28/11
edition
Nov 4 (Fri) Last day of early voting (31-
10- 1005(1 & 2)
Last day to request absentee
ballot (31 -10 -1002)
2nd FCPA contribution reports
due from candidates
Nov. 8 (Tues) Election Day Election Day Polls open from
7:00 a.m. to 7:00 p.m.
Dec 8 (Thurs) Final FCPA contribution report
due from candidates
4/19/2011
5 -3 -3
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: First reading of Ordinance No. 5, Series of 2011, an ordinance amending
Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3,
Administration of Standards, for changes to the solar energy device regulations, and setting
forth details in regard thereto.
PRESENTER(S): Rachel Dimond and Kristen Bertuglia
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 5, Series of 2011, upon first reading.
BACKGROUND: On May 4, 2010 the Vail Town Council passed Ordinance No. 3, Series
2010 amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to
Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations and
setting forth details in regard thereto. Several months into the regulation local solar installers
and homeowners brought to the attention of the Town Council and staff specific requirements
in the ordinance that prohibited several projects from moving forward as designed. Council
instructed Staff to work with the affected parties to resolve these issues and arrive at an
updated version of the ordinance that fulfills the goals of the Town while allowing for more
flexibility in solar installations. Town Staff then convened solar installers from the Vail area,
the Front Range and the Colorado Solar Energy Industries Association (COSEIA) in order to
gain input on the existing regulations.
On January 10, 2011, the Planning and Environmental Commission recommended approval,
with modifications, for the proposed text amendments to the Vail Town Council.
On March 1, 2011, an introductory work session was held with the Town Council.
STAFF RECOMMENDATION: On January 10, 2011, the Planning and Environmental
Commission recommended approval, with modifications, for the proposed text amendments to
the Vail Town Council. Recommended modifications to the proposed regulations are as
follows:
1. Staff shall provide in the ordinance presented to Town Council, additional language
addressing maintenance and continued operation.
2. Staff shall provide in the ordinance presented to Town Council, additional language
containing an intent section detailing the goals and objectives of the regulations to minimize
negative visual impacts.
3. Staff shall provide in the ordinance presented to Town Council, additional language
addressing the calculation of site coverage for ground mounted panels.
4. Staff shall amend in the ordinance presented to Town Council, a revised definition of solar
energy devices which matches the State's definition.
5. Staff shall amend the in the ordinance presented to Town Council, the language to
substitute "up to 50" for "40 to 50" degrees.
4/19/2011
Minutes of the January 10, 2011 PEC hearing are attached for reference (see Attachment C).
ATTACHMENTS:
Ordinance No. 5 Series of 2011 Memo
Ordinance No. 5, Series of 2011- Attach A
Ordinance No. 5, Series of 2011 - Attach B
Ordinance No. 5, Series of 2011- Attach C
Ordinance No. 5, Series of 2011 - Attach D
Ordinance No. 5 Series of 2011 - Attach E
4/19/2011
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: April 19, 2011
SUBJECT: First reading of Ordinance No. 5, Series of 2011, an ordinance amending Section
14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14-
1-3, Administration of Standards, for changes to the solar energy device
regulations, and setting forth details in regard thereto. (PEC100055)
I. SUMMARY
The applicant, the Town of Vail, is requesting a first reading of Ordinance No. 5, Series
of 2011, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail
Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for changes to the
solar energy device regulations, and setting forth details in regard thereto.
The proposed amendments are summarized as follows:
• The proposed regulations add language to require solar energy devices only to
project the minimal distance, up to 8 feet, necessary to achieve optimal solar energy
device angle. The current regulations allow solar energy devices to project up to 8
feet from the attached roof plane with no additional limitations.
• Flexibility is provided in architectural integration for installations on existing buildings.
• Guidelines are added for screening of solar energy devices.
• The proposed regulations allow solar energy devices to project up to one foot above
roof ridges, while current regulations require that solar energy devices not project
above roof ridges.
• The proposed regulations allow solar energy devices to extend to roof eaves,
amending the current requirement of a 2 foot buffer from roof eaves.
• The proposed regulations allow roof and fagade mounted solar energy devices to
project up to four feet into required setbacks.
• The proposed regulations address ground mounted solar energy devices, allowing
them only when the Design Review Board determines there is no practical ability to
install on a structure on the property.
The following are pros and cons for adopting the proposed amendments:
PROS:
• The amendments would allow solar energy devices to extend to the edge of a roof
eave and up to the ridge, allowing for more panels to be installed on smaller roof
areas.
• The amendments provide more detailed guidelines for applicants.
• The amendments allow for staff approvals for installations that clearly meet all
guidelines and requirements, and provide a mechanism for design review board
review for projects that meet all requirements but questionably meet guidelines.
Ordinance No. 5, Series of 2011 4/19/20111
6 -1 -1
CONS:
• The amendments would allow solar energy devices to be visible above a roof ridge,
which may impact visibility, bulk and mass.
• The amendments do not address commercial applications such as solar utility
installations in the form of solar fields.
• The amendments create additional regulations that may be viewed by applicants as
requiring further regulation.
Attached to this memorandum are the following documents for review: Ordinance No. 5,
Series of 2011 (Attachment A), Staff memorandum on amendments to Title 14 to the
Planning and Environmental Commission (PEC) dated January 10, 2011 (Attachment
B), the minutes from the Planning and Environmental Commission hearing dated
January 10, 2011 (Attachment C), comment letters from members of the public
(Attachment D) and a PowerPoint presentation dated April 19, 2011 (Attachment E).
II. BACKGROUND
• On May 4, 2010, the Vail Town Council passed Ordinance No. 3, Series of 2010
which amended the design regulations for solar energy devices.
• In September, 2010, numerous solar energy company representatives made
requests to the Vail Town Council for amendments to the new regulations in order to
help facilitate the installation of solar energy devices. The Vail Town Council
instructed Staff to work with solar energy representatives to propose amendments to
the existing regulations, which occurred through three meetings with 6
representatives from solar energy companies. The goals for this process were as
follows:
• Meet the concerns of local and state solar industry professionals with respect to
the current solar energy device regulations, while advancing the policy direction
of the Vail Town Council:
• Encourage energy efficiency and renewable energy in the Town of Vail in
accordance with the Environmental Sustainability Strategic Plan
• Architecturally integrate solar energy devices with building
• Minimize view of solar energy devices from street
• Avoid new perceived building heights
• Avoid increased bulk and mass of buildings
• Maintain character of buildings
• Achieve regulations that fall in the middle 50 %, meaning the regulations are
neither too lenient, where any system goes, nor too stringent, which prohibits
most systems from being installed. (see figure 1 below)
mWIVAEFTIVIR 1.
• On January 10, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval for amendments to Section 14 -10 -5, with the following
modifications:
Ordinance No. 5, Series of 2011 4/19/201
6 -1 -2
1. Additional language addressing maintenance and continued operation of
solar energy devices.
2. Additional language containing an intent section detailing the goals and
objectives of the regulations to minimize negative visual impacts.
3. Additional language clarifying the calculation of site coverage for ground
mounted solar energy devices.
4. A revised definition of solar energy devices which matches the State's
definition.
5. An amendment to the language describing the ideal solar energy device
angle substituting "up to 50" for "40 to 50" degrees.
• On March 1, 2011, the Vail Town Council held a work session to provide an
introduction to the proposed regulations amendments.
III. ACTION REQUESTED OF THE COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
5, Series of 2011, upon first reading.
IV. RECOMMENDATION
The Planning and Environmental Commission forwarded a recommendation of
approval to the Town Council for Ordinance No. 5, Series of 2011, an ordinance
amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to
Section 14 -1 -3, Administration of Standards, for changes to the solar energy device
regulations, and setting forth details in regard thereto.
Should the Vail Town Council choose to approve Ordinance No. 5, Series of 2011, the
Community Development Department recommends the Vail Town Council pass the
following motion:
"The Town Council approves, on first reading, Ordinance No. 5, Series of 2011,
an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail
Town Code, pursuant to Section 14 -1 -3, Administration of Standards, for
changes to the solar energy device regulations, and setting forth details in regard
thereto. "
Should the Vail Town Council choose to approve Ordinance No. 5, Series of 2011, 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 January 10,
2011 memorandum to the Planning and Environmental Commission and the
evidence and testimony presented, the Vail Town Council finds:
1. That the amendments are consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive plan
and is compatible with the development objectives of the town; and
2. That the amendments further the general and specific purposes of the
Ordinance No. 5, Series of 2011 4/19/201
6 -1 -3
development standards; and
3. 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. "
V. ATTACHMENTS
A. Ordinance No. 5, Series of 2011
B. Staff memorandum to the PEC dated January 10, 2011
C. Minutes from PEC hearing dated January 10, 2011
D. Comment letters
E. PowerPoint presentation dated April 19, 2011
Ordinance No. 5, Series of 2011 4/1y/2o14
6 -1 -4
ORDINANCE NO. 5
SERIES OF 2011
AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL
TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR
CHANGES TO THE SOLAR ENERGY DEVICE REGULATIONS, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Planning and Environmental Commission of the Town of Vail has held
public hearings on the proposed amendments in accordance with the provisions of the Vail
Town Code of the Town of Vail;
WHEREAS, the Planning and Environmental Commission of the Town of Vail has
recommended approval with modification of these amendments at its January 10, 2011
meeting, and has submitted its recommendation to the Vail Town Council;
WHEREAS, the Vail Town Council finds that the proposed 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;
WHEREAS, the Vail Town Council finds that the proposed amendments further the
general purpose of Title 14, Development Standards, Vail Town Code;
WHEREAS, the Vail Town Council finds that the proposed 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;
WHEREAS, the Vail Town Council finds that the proposed amendments are consistent
with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting
energy conservation and a reduction in greenhouse gas emissions by supporting renewable
energy projects; and
WHEREAS, the Vail Town Council finds that these amendments further the policy
direction of the Vail Town Council for solar energy devices and will provide more appropriate,
improved regulations for solar energy devices consistent with the architectural and aesthetic
Ordinance No. 5, Series of 2011 1
4/19/2011
6 -2 -1
character of the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building
Materials and Design, in order to amend regulations for solar energy devices.
Section 2. Section 14 -2 -1 is hereby amended as follows (Text that is to be deleted is
+rte Text that is to be added is bold. Sections of text that are not amended may be
omitted.):
Solar energy device: A solar collector or similar device or a structural design feature of a
structure, such as a roof shingle with integrated photovoltaic cells, which collects
sunlight and c-^� comprises part of a system for the conversion of the sun's
radiant energy into thermal, chemical, mechanical, or electrical energy
Section 3. Section 14 -10 -5H is hereby amended as follows (Text that is to be
deleted is s +rte Text that is to be added is bold. Sections of text that are not amended may
be omitted.):
H. Solar Energy Devices:
1. The intent of these regulations is to facilitate the installation of alternative
energy sources in Vail while minimizing visual impacts.
2. Solar energy devices should be installed on building facades and roof planes
Y,l,f- „P fr,r.r,rll,9 and oriented for energy production, except as permitted by
Section 14- 10 -5H -11 of this Code. In Vail, optimal solar energy device
orientation for maximized energy production and adequate snow shed is
typically achieved by up to a 50 degree orientation.
3. Solar energy devices shall be designed and placed in a manner compatible and
architecturally integrated into the overall design of the building and site, with
some flexibility granted for existing structures.
4. Solar energy devices may be screened to minimize visual impact with a
false fagade, roof plane or parapet walls integrated into the overall design
of the building.
5. Solar energy devices may project not more than four (4) feet into a required
setback area. P4°" be it °+ °"° 141141hr;Tt-lhP- FeGJ „ use + +” us ti
i
� nor
+,. �n +i pro f �",� o +ri �n i + pro io lorvo llii 9rm inry r m i +toi-I +e onGrAon" in +�
CYi if the 6 �cT i-S n�n��nf
Cga
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6. Solar energy devices shall not be included in calculation of building height.
7. Solar energy devices should follow the slope direction of the roof plane
upon which it is mounted.
Ordinance No. 5, Series of 2011 2
4/19/2011
6 -2 -2
8. Solar energy devices shall project no further from the building fagade or
roof plane than the minimum distance necessary to achieve up to a 50
degree orientation. No portion of any solar energy device shall project more
than eight feet (8) from the building fagade or roof plane ° to which the
solar energy device paP4 is attached.
9. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or
steeper, solar energy device shall extend no higher than one (1) foot above
the rid eline. C! 1 ,r ° d °;q &.14 e t °„t °r„1 ";°"„F t ".,n the t p
dj.an°nt Gu ge4pe °n r°°fo w44 n;tnh °o °f thr°° t° fi4,°11v° (' .4 °r ,vr°oter
10. When mounted to a roof plane, solar energy devices shall not extend beyond
the roof eave. h! ;r 4t- 1led with;,, Ave feet (2) ,f a of r;dge !,f 4944
r ° °fo n,ith nitnh °o j ess thou thr°° t° fin, °h,° (' 42) the .-I °oirvn r°v,;°w h °or,-I oho4
,l i a ,-.t
11. Solar energy device framing, brackets and associated equipment shall be
paipte black or a color that matches adjacent building surfaces at th° ,-lio,- •r °t1 °n
of th° ,] ° c+;, - vn r °,,; °, ^, h °or4 No advertising shall be permitted on any solar
energy device, framing, brackets and associated equipment.
12. Solar energy devices, framing, brackets and associated equipment shall be
maintained and kept in good repair, including repainting when appropriate
and other actions that contribute to attractive building aesthetics.
13. Solar energy devices may be ground mounted only when the Design
Review Board determines that the design or site planning of an existing
structure creates practical difficulties in mounting a solar energy device to
a building fagade or roof plane to achieve energy production. Cost or
inconvenience to the applicant of strict or literal compliance with this
regulation shall not create a practical difficulty. Ground mounted solar
energy devices shall not be permitted in the required setback area. Ground
mounted solar energy devices shall count as site coverage. Site coverage
is calculated by measuring the footprint created by vertical projection from
the energy devices and associated hardware to the ground. Should ground
mounted solar energy devices be adjustable, site coverage shall be
calculated for the position that creates the greatest site coverage. Ground
mounted solar energy devices shall not exceed eight (8) feet in height
above grade. Ground mounted solar energy devices shall be located and
screened to minimize visual impact.
S ee A;. F! � ? � d it f th; h t; r f r 1 ! r I r --,t;l of re „I N ,r
v��arcS � —� o- urra-- r- v -rrrrS svNiasv2cnvT- rvr`cr'svN rcmvrT-;
Section 4. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 5. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the
inhabitants thereof.
Section 6. The amendment of any provision of the Town Code as provided in this
Ordinance No. 5, Series of 2011 3
4/19/2011
6 -2 -3
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 7. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of April, 2011 and a public
hearing for second reading of this Ordinance set for the 3r day of May, 2011, 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. 5, Series of 2011 4
4/19/2011
6 -2 -4
MEMORANDUM
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: January 10, 2011
SUBJECT: A request for a recommendation to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code,
to amend Section 14- 10 -5H, Building Materials and Design, Vail Town Code, to amend
regulations for solar panels, and setting forth details in regard thereto. (PEC100055)
Applicant: Town of Vail
Planner: Rachel Dimond/ Kristen Bertuglia
I. SUMMARY
The applicant, the Town of Vail, is requesting a final recommendation to the Vail Town
Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, for
amendments to Section 14 -10 -5, Building Materials and Design, Vail Town Code, to allow for
changes to the solar energy device regulations.
Staff initiated the proposed amendments after requests from homeowners and solar installers
when the existing regulations proved to be too restrictive. As a result, Staff is proposing
amendments to the existing solar energy device regulations that allow solar panels to extend
onto eaves and extend up to one foot above roof ridges. The proposed regulations also
provide guidelines for ground mounted panels.
Based on the criteria and findings in Section V of this memorandum, and the testimony
presented at the public hearing, Staff recommends that the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council for this
application.
II. DESCRIPTION OF THE REQUEST
The following issues have been identified regarding the existing solar energy device
regulations:
• The 2 -foot setback rule limits many solar installations due to economic feasibility and
limited, complicated, appropriate roof space for solar gain. The rule may also not
achieve any aesthetic gain, as in some cases, a flush mounted solar system that
extends to the edge of a roof eave may be more architecturally integrated than one that
is setback from the eaves ( "a square within a square ").
• The current regulations are prescriptive, and do not allow for a performance -based
process.
• The current regulations allow for panels to no higher than the roof ridgeline, limiting
solar access and installations on many roofs in Vail, particularly with a low sloping roof.
• Visibility vs. Performance — installations need to be placed at certain angles on south -
facing roofs for optimal performance, which does not always allow them to be hidden
from view. In addition, if the solar system does not achieve a minimum performance
level, it is not eligible for certain state rebates, making it uneconomical.
1
4/19/2011
6 -3 -1
• Painting hardware associated with solar systems will void a warranty. Ordering the
hardware in black, or simply spray - painting the ends of a flush- mounted system should
be appropriate.
The proposed amendments are summarized as follows:
• The current regulations allow panels to project up to 8 feet from the attached roof
plane. The proposed regulations would add language to require panels only to project
the minimal distance, up to 8 feet, necessary to achieve optimal panel angle (40 to 50
degrees).
• Flexibility is provided in architectural integration for installations on existing buildings.
• Guidelines are added for screening of panels.
• The proposed regulations allow panels to project up to one foot above roof ridges,
while current regulations require that panels not project above roof ridges.
• The proposed regulations allow panels to extend to roof eaves, amending the current
requirement of a 2 foot buffer from roof eaves.
• The proposed regulations allow roof and fagade mounted panels to project up to four
feet into required setbacks.
• The proposed regulations address ground mounted solar panels, allowing them only
when the Design Review Board determines there is no practical ability to install on a
structure on the property.
The proposed regulation amendments to Title 14, Development Standards, Vail Town Code,
are as follows (text to be deleted is in 4 4ke t4e � 4g 4 , text that is to be added is bold):
14- 10 -5H, Building Materials and Design (in part):
14 -10 -5: BUILDING MATERIALS AND DESIGN:
H. Solar Energy Devices:
1. Solar energy devices should be installed on building facades and roof planes �:epf
^"` fa P--;; and oriented for energy production, except as permitted by Section 14-
10-5H-11 of this Code. In Vail, optimal solar energy device orientation for
maximized energy production and adequate snow shed is typically achieved
through a 40 to 50 degree orientation.
2. Solar energy devices shall be designed and placed in a manner compatible and
architecturally integrated into the overall design of the building and site, with some
flexibility granted for existing structures.
3. Solar energy devices may be screened to minimize visual impact with a false
fagade, roof plane or parapet walls integrated into the overall design of the
building.
4. Solar energy devices may project not more than four (4) feet into a required
setback area. may be ; s* wi th;„ the r * e 1 9etha - Ls „ ; 9t - „ 9 ;f
the mot,- ,G r , s e 11„ ,f Y., Y, YpeY ., ;*teel bg ! . h ;
to the ; setback -.
5. Solar energy devices shall not be included in calculation of building height.
6. Solar energy devices should follow the slope direction of the roof plane upon
which it is mounted.
7. Solar energy devices shall project no further from the building fagade or roof
plane than the minimum distance necessary to achieve a 40 to 50 degree
orientation. No portion of any solar energy device shall project more than eight feet
(8) from the building fagade or roof plane e to which the solar energy
device pai4e4 is attached.
8. When mounted to a roof plane with a pitch of three in twelve feet (3:12) or
steeper, solar energy device shall extend no higher than one (1) foot above the
2
4/19/2011
6 -3 -2
ridgeline. c °I or °n°rrni .-I °Iii^° Sha Pet e4ep -I h gh°r fhon the °vi ofini oG- ac °nf
ri °n r°°fo Inlifh nit^h °o °f thr°° f° finI°lI i° °r gFeater
9. When mounted to a roof plane, solar energy devices shall not extend beyond the
roof eave. "° inoto 11 °i-1 Inlifl-in tlni° feet (2) °f o r° °f ru-Ige °r r° °f °oIi° (ln r° °fo Inlifh
P tr^-- he;3 —Ie -P- thou fh I tt- fini° the Gle r °Iii°Ini h °orr-I oll a,
10. Solar energy device framing, brackets and associated equipment shall be n
black or a color that matches adjacent building surfaces at the ref the P
No advertising shall be permitted on any solar energy device,
framing, brackets and associated equipment.
11. Solar energy devices may be ground mounted only when the Design Review
Board determines that the design or site planning of an existing structure
creates practical difficulties in mounting a solar energy device to a building
fagade or roof plane to achieve energy production. Cost or inconvenience to the
applicant of strict or literal compliance with this regulation shall not create a
practical difficulty. Ground mounted solar energy devices shall not be permitted
in the required setback area. Ground mounted solar energy devices shall count
as site coverage and shall not exceed eight (8) feet in height above grade.
Ground mounted solar energy devices shall be located and screened to minimize
visual impact.
See Al l e ; E `� `� o a 4 ° H�tl� ��h�^fi° ��ol °vnlonofi°n °f r °rvlllo -rte
vt� ngci 1 rc a� —� �o- i- rr f m --r-vr
The following are pros and cons for adopting the proposed amendments:
PROS:
• The amendments would allow panels to extend to the edge of a roof eave and up to the
ridge, allowing for more panels to be installed on smaller roof areas.
• The amendments provide more detailed guidelines for applicants.
• The amendments allow for staff approvals for installations that clearly meet all guidelines
and requirements, and provides a mechanism for design review board review for projects
that meet all requirements but questionably meet guidelines.
CONS:
• The amendments would allow solar energy devices to be visible above a roof ridge, which
may impact visibility, bulk and mass.
• The amendments do not address commercial applications such as solar utility installations
in the form of solar fields.
• The amendments create additional regulations that may be viewed by applicants as
requiring further regulation.
III. BACKGROUND
On May 4, 2010 the Vail Town Council approved on second reading Ordinance No. 3, Series
2010 amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to
Section 14 -1 -3, Administration of Standards, for changes to the solar panel regulations and
setting forth details in regard thereto. Amendments were made in keeping with the Town of
Vail's commitment to environmental sustainability and reducing carbon emissions by, along
with other programs, promoting renewable energy. This update in solar regulations was
intended to allow for optimal efficiency and more flexibility in solar installations. Solar energy
has become a popular source of on -site alternative energy since the Vail area with its cold
climate and abundance of sun is one of the most optimal geographic regions for panel
function. Prior to Ordinance No. 3, Town regulations required that solar panels lie flat on
4/19/2011
6 -3 -3
pitched roofs to ensure that the panels do not detract from the landscape, views, or the
character of the buildings in the community. However, in Vail, the recommended angle for
solar photovoltaic and thermal panels is 40 -50 degrees on a flat roof to allow for snow
shedding and proper solar collection. A flush- mounted installation may not always optimize
the efficiency of the solar panels, depending on roof slope. Updates to the regulations were
intended to ensure that any proposed panels are installed at an efficient angle while
maintaining the character of the existing building through architectural integration in design.
However, several months into the regulation local solar installers and homeowners brought to
the attention of the Town Council and staff specific requirements in the ordinance that
prohibited several projects from moving forward as designed. Council instructed Staff to work
with the affected parties to resolve these issues and arrive at an updated version of the
ordinance that fulfills the goals of the Town while allowing for more flexibility in solar
installations.
Town Staff then convened solar installers from the Vail area, the Front Range and the
Colorado Solar Energy Industries Association (COSEIA) in order to gain input on the existing
regulations.
The goals for this process were as follows:
• Meet the concerns of local and state solar industry professionals with respect to the current
solar panel regulations, while advancing the policy direction of the Vail Town Council:
• Encourage energy efficiency and renewable energy in the Town of Vail in
accordance with the Environmental Sustainability Strategic Plan
• Architecturally integrate panels with building
• Minimize view of panels from street
• Avoid new perceived building heights
• Avoid increased bulk and mass of buildings
• Maintain character of buildings
• Achieve regulations that fall in the middle 50 %, meaning the regulations are neither too
lenient, where any system goes, or too stringent, which prohibits most systems from being
installed. (Figure 1 below)
IV. APPLICABLE DOCUMENTS
Staff believes the following documents are relevant to the review of this proposal:
TITLE 14: DEVELOPMENT STANDARDS
14 -1 -1: PURPOSE AND INTENT. It is the purpose of these rules, regulations, and standards
to ensure the general health, safety, and welfare of the community. These rules, regulations,
and standards are intended to ensure safe and efficient development within the town of Vail for
pedestrians, vehicular traffic, emergency response traffic, and the community at large. The
4
4/19/2011
6 -3 -4
development standards will help protect property values, ensure the aesthetic quality of the
community and ensure adequate development of property within the town of Vail.
14- 10 -5H, Building Materials and Design (in part):
Solar energy devices should be installed on building roofs and facades and oriented for energy
production. Solar energy devices shall be designed and placed in a manner compatible and
architecturally integrated into the overall design of the building. Solar energy devices may be
installed within the required setbacks on existing structures if the structure is legally
nonconforming or permitted to encroach into the setback. Solar energy devices shall not be
included in calculation of building height. No portion of any solar energy device shall project
more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar
energy devices shall not be installed within two (2) feet of a roof ridge or roof eave. Solar
energy devices shall not extend higher than the existing adjacent ridgeline on roofs with
pitches of 3:12 or greater. On roofs with pitches less than 3:12, the Design Review Board
shall make a determination that the solar panels are installed to minimize excessive visual
impact. Solar energy device framing, brackets and associated equipment shall be painted
black or a color that matches adjacent building surfaces at the discretion of the Design Review
Board.
VAIL ENVIRONMENTAL STRATEGIC PLAN
Goal #2: Energy Efficiency: Reduce the Town of Vail municipal and community energy use by
20% below 2006 levels by 2020, in order to effectively reduce the Town's contribution to
greenhouse gas emissions and impact on global climate change.
Objectives:
5. Implement community energy efficiency and renewable energy program.
Goal #4 : Sustainable Economic and Social Development: Lead programmatic efforts to
promote sustainable and profitable business practices within the Town of Vail and the Vail
community. Implement employee sustainability programs to maintain high quality of life.
VAIL 20120 STRATEGIC PLAN:
Vail Values:
Natural Environment: Vail values the environment as a source of health, beauty, recreation
and economic strength that makes Vail a special place to live, work and play. As stewards of
the environment, Vail is committed to promoting sustainable environmental practices in every
aspect of the community.
V. REVIEW CRITERIA
1. The extent to which the text amendment furthers the purpose of the Development
Standards; and
Staff finds the proposed text amendments further the purpose of the Development
Standards, identified in Section 14 -1 -1, Purpose and Intent, Vail Town Code. Specifically,
the purpose "to ensure the... welfare of the community" is met by improving the design
standards for solar energy devices. The proposed regulations also reduce barriers to
installation of solar energy devices, which will have positive environmental impacts that
benefit the community as a whole. Another purpose of the Development Standards is to
"help protect property values, ensure the aesthetic quality of the community and ensure
5
4/19/2011
6 -3 -5
adequate development of property within the town of Vail." Solar panels can increase
property values, and Staff believes the proposed amendments help further homeowners'
ability to install the panels. Because the proposed regulations include additional detailed
requirements, it will help to streamline the development review process. Therefore, Staff
believes the proposed amendments are consistent with the purposes of the Town's
Development Standards as outlined in Section IV above.
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
The Environmental Sustainability Strategic Plan and the Vail 20120 Strategic Plan call for
improved regulations for alternative energy, a partnership with the community and the
need for reduced energy usage. The proposed amendments would further the goals,
objectives and policies outlined in these plans, including the addition to Subsection 1 that
outlines optimal angles for panels furthers Environmental Sustainability Strategic Plan Goal
2, aimed at reducing the Town's total energy consumption as well as carbon emissions.
Staff believes the proposed amendments further the adopted Town Council goals, listed in
the background section. The proposed regulations also further the Town Council goal of
architectural integration and maintenance of character. The proposed regulation that
allows panels to project one foot above roof ridges on steeper roofs is in line with the
regulation that allows one foot over height maximums for cold roofs. While panels would
be permitted to extend above roof ridges, Staff believes the proposed amendments still
meet the Town Council goal of maintaining character and avoiding new perceived building
heights. Allowing panels to extend to the edge of roof eaves will further the goal of
architectural integration, as it may allow panels to blend into roof forms to a better degree.
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 text amendments are a response to concerns raised with the recently adopted
regulations. The solar panel installation community has voiced concern that the currently
adopted regulations may be too prohibitive and requested that Staff propose amendments
to the regulations to address design flaws. For example, the minimum two foot distance
from roof eaves proved to be prohibitive on multiple structures within the Town. The text
amendment addresses the problems found with the existing regulations when applied in
the field, which demonstrates that the existing regulations are no longer appropriate.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives.
The proposed regulation amendments are intended to ensure safety, help protect property
values, and ensure the aesthetic quality of the community. The proposed amendments
continue to ensure that solar panels are integrated into the design of the structure to meet
the aesthetic goals of the town, which include development that is compatible with its
surroundings. Therefore, Staff believes the proposed text amendments will facilitate and
provide a harmonious, convenient, workable relationship among land use regulations
consistent with the Town of Vail master plans and development objectives.
5. Such other factors and criteria the Commission and /or Council deem applicable to
6
4/19/2011
6 -3 -6
the proposed text amendment.
VI. STAFF RECOMMENDATION
The Community Development Department recommends the Planning and Environmental
Commission forwards a recommendation of approval to the Vail Town Council, pursuant to
Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend Section 14 -10 -5,
Building Materials and Design, Vail Town Code, for changes to the solar panel regulations,
and setting forth details in regard thereto. This recommendation is based upon the review of
the criteria outlined in Section V of this memorandum and the evidence and testimony
presented.
Should the Planning and Environmental Commission choose to forward a recommendation
of approval for this request, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval
to the Vail Town Council, pursuant to Section 14 -1 -3, Administration of Standards, Vail
Town Code, to amend Section 14 -10 -5, Building Materials and Design, Vail Town
Code, for changes to the solar panel regulations, and setting forth details in regard
thereto."
Should the Planning and Environmental Commission choose to forward a recommendation of
approval for this request, the Community Development Department recommends the
Commission makes the following findings based upon a review of Section V of this
memorandum, and the evidence and testimony presented:
"The Planning and Environmental Commission finds:
1. 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. The amendment furthers the general and specific purposes of the Development
Standards outlined in Section 14 -1 -1, Purpose and Intent, Vail Town Code; and
3. 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.
4. The amendment promotes the policy set by the Vail Town Council, as outlined in
Section III of this memorandum."
7
4/19/2011
6 -3 -7
PLANNING AND ENVIRONMENTAL COMMISSION (IN PART)
January 10, 2011 at 1:OOpm
Tp1, o f y IL ' TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road -Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Luke Cartin
Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Tyler Schneidman
David Viele
30 minutes
5. A request for a recommendation to the Vail Town Council for a prescribed regulation
amendment, pursuant to Section 14 -1 -3, Administration of Standards, Vail Town Code, to amend
Section 14- 10 -5H, Building Materials and Design, Vail Town Code, to amend regulations for
solar panels, and setting forth details in regard thereto. (PEC100055)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Recommendation of approval with conditions
MOTION: Kurz SECOND: Viele VOTE: 6 -1 -0 (Cartin opposed)
CONDITIONS:
1. Staff shall provide in the ordinance presented to Town Council, additional language
addressing maintenance and continued operation.
2. Staff shall provide in the ordinance presented to Town Council, additional language
containing an intent section detailing the goals and objectives of the regulations to
minimize visual impacts.
3. Staff shall provide in the ordinance presented to Town Council, additional language
addressing the calculation of site coverage for ground mounted panels.
4. Staff shall amend in the ordinance presented to Town Council, a revised definition of
solar energy devices which matches the State's definition.
5. Staff shall amend the in the ordinance presented to Town Council, the language to
substitute "up to 50" for "40 to 50."
Rachel Dimond made a presentation per the Staff memorandum.
Commissioner Kurz voiced his concern about maintenance. He wants to make sure panels are
not aesthetically objectionable and maintained over time.
Commissioner Cartin stated that the proposed regulation may be in violation of State law. He
also stated the proposed regulations do not address new technologies in solar collection.
Rachel Dimond responded that legal counsel believes the Town regulations are not in violation
of State law.
Commissioner Pratt asked if homeowners have to follow any regulations based on State law.
Rachel Dimond responded that homeowners must follow Town regulations.
George Ruther briefly touched upon the process and the background of the proposed
regulations.
Pa gqe 1
4/ 19/2 11
6 -4 -1
Commissioner Rediker asked if any aesthetic requirements would violate State law.
Commissioner Kurz stated that the PEC needs to decide whether to move forward to the Town
Council to let them decide on compliance with State law.
Rediker stated the proposed regulations should say "up to 50" instead of "40 -50."
Commissioner Pierce stated that we are trying to adapt to new technologies and the ne4ed for
solar panels.
Commissioner Rediker asked whether the definition of solar panels matches the State's
definition. He suggested Staff expand the definition to include future technologies and includes
appurtenant equipment. He suggested more clarity on how to calculate site coverage.
Commissioner Pierce asked whether is it better to put panels on the ground for reduction to
visual impacts.
Commissioner Pratt suggested a statement of intent be added that includes reducing visual
impact.
Commissioner Cartin added that he is concerned about the stringent regulations and their lack of
ability to adjust to new technologies.
Commissioner Viele asked if the debate on State law should occur at PEC or Town Council.
Pa gqe 2
4/19 /2011
6 -4 -2
Attachment D: Ordinance No. 5, Series of 2011
ATTENTION: VAIL CITY COUNCIL
CC: COSEIA, CRES, GEO, local solar installers and customers
RE: PROPOSED SOLAR ORDINANCE REVISION / WORKGROUP AND READING
MEETINGS OF MARCH 1 2011
Thank you for revising Vail's solar ordinance. This new version is a great improvement from the
previous version. In particular, it removes the "2- foot - from -all- edges" rule, which prevented most
solar system possibilities.
The new ordinance still has one key hurdle which will prevent a great number of systems from
the onset: it sets a maximum panel height above the roof's Apex to 1'. In many case (roofs
facing East or West, south facing roofs that are short, roofs with partial shade due to the
southern mountains & forests which many Vail homes face, solar space heating systems which
direly need winter sun access and steeper angles), panels must be higher than 1' above the
roof's apex. This is the case on existing solar systems in Vail, starting with the two obvious solar
heating systems which one sees south of the highway when driving into town. It is also the case
with a system for which we have been trying to obtain a permit for a year, for a long -time Vail
resident - this permit would be the first solar thermal system for which Vail grants a permit in
over 20 years.
At a previous Council meeting, we were told that a variance process was available. We went
down this path, and staff recommended against the variance request because we could not
prove exceptional hardship. We were explained that hardship cannot be established when
a similar situation applies to a significant amount of Vail's residents, and that the Town's caution
came from lost court cases over this very point. Also, the variance application was $520, which
exceeds the maximum allowed by law (the Fair Permit Act stipulates that the cost of a solar
permit cannot exceed $500 in aggregate, and the variance charge already exceeds that $500,
before the actual permit is charged for).
Therefore, we ask that the new ordinance include one of two possibilities:
1) enable panels to exceed 1' of height. This is consistent with language already in the new
ordinance, that shows how systems need more angle fro efficiency, and how angle also helps
snow slide off the panels. This is our first choice, as it removes thousands of dollars of "soft
costs" in time and documentation of variance processes, and it will enable the town to obey the
Fair Permit Act more easily, by limiting its own staff costs in reviewing solar systems.
2) if #1 is denied, enable some zoning staff approval of variations without the formal variance &
associated impossible proof of hardship.
While reviewing the topic of Vail's solar ordinance, I kindly request that you keep the following
aspects in your heart and mind:
State law dating back to 1978 clearly states that aesthetic restrictions on solar devices are void
and unenforceable. Although Vail's legal council feels this law applies to HOAs only, I can tell
you that limitation was not the heart -felt intent of this Act, nor how it is interpreted by most AHJs.
The Fair Permit Act is being re- presented to the CO legislature during this session, with
strengthened language and two Republican sponsors which practical guaranty its passage.
Governor Hickenlooper stated in his inaugural address that Colorado is the country's epicenter
for renewable energy, and made one of three executive order to cut red tape, simplify licenses
and regulations, work cooperatively with AHJ to enable innovation and show the business
4/19/2011
6 -5 -1
community that Colorado is open for business. Our previous Governor Bill Ritter just took a
position at CSU to spearhead a consortium on renewable energy. Our president has made
repeated clear statements about the economic, ecological and geo- political implications of
renewable energy and energy independence. The town of Vail has already established
sustainability as a strategic priority for the community, as posted in the very Council room, and
embodied by the function of the sustainability coordinator. The Director of the Office of
Economic Development & International Trade of Colorado states publicly that the new energy
economy has created 5300 jobs in Colorado, while the coal industry shows on its web site it
currently employs less than 2500 folks in our state. 53 pieces of renewable energy legislation
have been passed in Colorado in the last four years, including a key solar amendment voted by
the people. The recent oil spill in the gulf is, to say the least, a more consequential aesthetic
disaster than panels a few feet above a roof's apex, while nasty chimney flues and electric poles
already tower above roof apexes and potential solar panels. These new solar objects need your
support so they may be installed with somewhat logical returns on investments for home
owners, and progressively become part of our usual urban landscape, disappearing in the
background.
The solar industry is fragile, and needs your support! According to the Department of Energy,
the oil & gas industry receives $557 billion dollars per year in subsidies and tax breaks. We
drastically need a fair playing field, and simple permits are a big step in this direction. Governor
Hickenlooper caries a vision for Colorado to attract both business and tourism to Colorado with
its natural beauty and renewable energy landscape. Vail, with its obvious beauty, tourism, and
ability for leadership, is a natural partner for this vision.
On behalf of the many stakeholders waiting for your deliberation, I thank you for your
willingness to revisit this topic and involve solar professionals in this second round. I also want
to express my gratitude for the time invested by George Ruther and his staff in this matter.
Laurent Meillon, Director, Capitol Solar Energy, LLC, Harvesting Sunlight for 29 years
Board Member and Treasurer of the Colorado Solar Energy Industries Association
Policy Committee Member of the Colorado Renewable Energy Society
Tel (303) 623 2542
www.car)itolsolarenergy.com
"We run the risk of being the first generation in history to leave the next generation a problem for
which there is no solution. We must have a sense of urgency to seize the low- hanging fruit that
saves taxpayer money, preserves the environment and creates economic opportunity."
Governor Hickenlooper
4/19/2011
6 -5 -2
Elizabeth W. Dean
4918 Meadow Drive
Vail, CO 81657
719- 332 -1251
warrenhdean @yahoo.com
February 17, 2011
Town Council
Town of Vail
Vail, CO
Dear Council Members,
own a recently built property in East Vail and have been trying to
install a solar system to heat occupied space and water.
For personal, social and political reasons I am committed to
maintaining a sustainable lifestyle through curtailed energy
consumption am ready to commit to a system. However,
unfortunately I have run into conflicts with Vail's restrictive solar
ordinance and have had significant problems with obtaining a permit
to install a system on my roof.
Essentially, the system would sit on the roof, collect heat from
exposure to the sun, and store that heat. Due to property location
and proximity to the adjacent forest and mountains, physical
limitations exist on the placement of the panels, which need to face
south and be set at a specific angle to make the system work. I fully
realize that systems need to be aesthetically pleasing and not be an
eyesore to neighbors. But, as I will detail below, though the proposed
new solar ordinance has effectively addressed some of the
restrictions on the system designs it still needs to address a couple
of critical items for operable systems, such as mine to be built.
4/19/2011
6 -5 -3
know that many within the solar industry have been working with the
Town of Vail staff to address many issues and that a new, revised
ordinance is before you now. The meetings with the City Manager,
Rachel at Plan Review and Kirsten, the sustainability manager, have
been positive and as a result you are now considering a revised solar
ordinance. I appreciate everyone's efforts and want to thank
everyone for taking the time to work on the ordinance details.
One of the important results of that work is that the existing restriction
prohibiting systems from being located within two feet of the edge of
a roof area is removed in the proposed ordinance. This modification
greatly improves the ability to design and install systems with the
proper orientation and slope.
However, the current and new ordinances still have a restriction on
system heights and prohibits components from sticking up above a
building's roof apex. The reality is that some designs, due to the
proximity to forests, and the mountains, need to stick up a small
amount so they can "see" the sun. My property is a good example in
that it is at the east edge of East Vail close to the mountains and the
south side faces the National Forest. For the system to work, parts of
it need to be about three feet above the roof apex. In this instance,
there are no neighbors to the south (due to the forest) and thus no
one can see them from that direction. A couple of neighbors to the
east can see parts of the system from the side and their view would
be the same whether the panels stuck up above the apex or not. One
of them is next -door but screened by many mature evergreen trees
and the other is about 150 yards away. Finally, a neighbor across the
street to the north, from whom you may have received input, can only
see a small part of the system because it would be located on the
south side of the roof. Again, I would agree that the visual impact
should be considered in system design and approval, but in this case,
there is no real impact. Unfortunately, the current and revised
ordinances do not provide for a way to consider unique designs,
which do not comply the letter of the law, but which also, do not have
4/19/2011
6 -5 -4
a negative visual impact. Thus, I request a way to allow specific
designs to be considered in a way, which does not require a full
complex variance review with impossible proof of hardship
Finally, I also request that the Town consider the State of Colorado's
solar permitting law, which clearly states that the total cost of
residential solar permits not exceed $500. In our case, the costs of
the variance and zoning application already exceed this and at this
point, this total does not even include the costs of the construction
permit. I therefore also request that the revised ordinance be
changed to limit the fees that the Town of Vail's various offices
charge to $500. These would include zoning, permitting, and any
other fees that the town might collect in the process and approval of
solar and alternative energy systems.
appreciate your consideration of these points and the revised solar
ordinance. Please call or e -mail me if you have any questions or need
any clarification of any points in this e -mail.
Sincerely,
Elizabeth W. Dean
4/19/2011
6 -5 -5
From: vailrobbins @comcast.net [mailto:vailrobbins @comcast.net]
Sent: Sunday, March 13, 2011 8:12 PM
To: Council Dist List
Subject: variance of town code regarding solar panels
October 7, 2010 we received a letter from TOV that a hearing was being held re a
request for variance of town code to allow installation of solar panels above roof
ridgeline on a home at 4918A east meadow drive. Our home is adjacent to this
lot. Attached is a copy of our October 18, 2010 letter of protest to bill gibson, TOV
community development dept. We asked him to E -mail this letter to town council, but
expect it was not done since the review was delayed to January 2011. Now in March
we understand the solar companies are lobbying for a change in code. We hope you
will do a site evaluation of this particular home (the framework is still installed tho mostly
under snow), and on your 8 -mile route to East Vail, imagine these panels extending
above the roofs in the Village and golf course, as well as homes on your right near the
mountains. Compare this vision to the excellent placement of the solar panels on Vail
Mountain School. Please consider what is right for the ambience of Vail (as well as our
neighborhood). Thank you for your consideration, Jim and Jeannie Robbins. I would
like to scan the letter sent to Bill Gibson on 10/18/2010 but, alas, I am without expertise
on the computer, so have no choice but to recopy itas written. "TOV Community
Development Department, 75 South Frontage Road, Vail CO 81657 Attn: Bill
Gibson Thank you for your letter regarding a review for variance of town code for
placement of solar panels above roof ridgeline at 4918 E Meadow Drive, side A. This
lot is between our home and an amazing mountain. My husband and I have lived at
4948 E Meadow Drive since spring 1979. We are full -time residents. There are real
estate ads selling homes with a beautiful view of distant mountains. Our home not only
has a wonderful distant view, but most of our back and side lot is adjacent to BLM
wetlands and forest. Only the house at 4918 E Meadow is between our front side lot
and this grand mountain. Living here is a dream come true, where we find sanctuary in
the trees and the mountain. Paragraph. "In May 2009, as you know, the single family
home located on the wetlands at 4918 E Meadow was removed and a large duplex was
built. It is an attractive building; however, earlier this summer a solar panel was
installed on the south roof of home A, at the rear of the lot, adjacent to the mountain. It
was mounted a few feet above the roof ridgeline and was a very unpleasant distraction
of our view of the trees and the mountain. Our window was a frame abound the panel
and the view from our kitchen was just plain annoying. It was also visible from our
decks, especially the highest one which is used daily in nice weather. Perhaps the
potential buyer of side B might also be offended; will the opportunity to comment be
given them? Paragraph. "The Town of Vail is considerate of us in East Vail; through
lean times you resisted selling the property of our fire station. These first responders
saved Jim's life in 2006 when he had no pulse and had quit breathing. Again the
firemen came in 2008 when E -coli brought Jim down; also, the town keeps Bighorn Park
immaculate and the dog park is much loved. We don't have a dog but share in others'
joy. The park has been there for our children and later, the grandchildren when babies- -
and now as high school students. We have always had excellent snow removal on our
streets, free bus service, and a code to keep the neighborhood consistent; for instance
the recent rule to keep solar panels below roof ridgeline. (It was good the first HUGE
4/19/2011
6 -5 -6
satellite TV receiver in E. Vail hiddden under a big, white yard umbrella didn't "catch on"
and receive approval for dozens of homes!) We are very thankful for all you have done
for us. Paragraph. "Your letter was no surprise to the neighborhood as the frame for the
panel was again placed on the roof above ridgeline, and September 24 a truck delivered
equipment which MIGHT be part of this system; so we expected a request for
variance. When you do your site evaluation, we hope you will notice how close this roof
is to the mountain. Right now the sun is behind the mountain before 5 p.m. and as
autumn progresses, about 1:30 by that home. Is solar effective adjacent to conifers and
the mountain? We also hope you will envision the panels above ridgeline on other
homes, as this will surely reverse your recent code for others that request variance- -
from East Vail to Intermountain. No doubt other homes were built adjacent to elevation
without placing the south roof in a more sun - friendly location on the
lot. Paragraph. "We do not object to panels below ridgeline; certainly if effective on that
lot, the panels could help to heat the home, hot tub and driveway. However, it is just
plain rude to mount this distraction above the roof for others to see daily, especially
since it is not even visible to the owners of side A. Their "green" would impact our view
of GREEN; therefore, if we had a vote, it would be to oppose the code
variance. Sincerely, Jim and Jeannie Robbins
4/19/2011
6 -5 -7
Ordinance No. 5, Series of 2011
Solar Energy Device Regulations
April 19, 2011
11 Am"
TOWN OF VAIL'
4/19/2011
6 -6 -1
Ordinance No. 5, Series of `011
Town Council Policy Direction
• Encourage energy efficiency and renewable energy in
accordance with the Environmental Sustainability Strategic Plan
• Architecturally integrate solar energy devices with buildings
• Minimize view of solar energy devices from street
• Avoid new perceived building heights
• Avoid increased bulk and mass
• Maintain character of buildings
• Achieve regulations that fall in the middle 50 %, meaning the
regulations are neither too lenient, where any system goes, nor
too stringent, which prohibits most systems from being installed.
TOWN OF VA
4/19/2011
6 -6 -2
Ordinance No. 5, Series of 2011
PEC Modifications
• Additional language addressing maintenance and continued
operation of solar energy devices.
• Additional language containing an intent section detailing the
goals and objectives of the regulations to minimize negative
visual impacts.
• Additional language clarifying the calculation of site coverage
for ground mounted solar energy devices.
• A revised definition of solar energy devices which matches
the State's definition.
• An amendment to the language describing the ideal solar
energy device angle substituting "up to 50" for "40 to 50"
degrees.
TOWN OF VA
4/19/2011
6 -6 -3
Ordinance No. 5, Series of 2011
Existing Regula
Wr
... .
Cannot project more than eight feet Minimum distance necessary, up to
off roof or attaching structure eight feet, to achieve optimal angle
Prohibited within 2 feet of eaves Permitted install to edge of eave
Prohibited above ridge height Permitted up to one foot above
ridge height
Devices must be architecturally Flexibility added for existing
integrated into structure structures only
Framing, brackets and associated Additional language requiring
equipment shall be painted to match maintenance and operations, no
adjacent building surfaces. advertising
No ground mounted regulations New ground mounted regulations
allowing ground mounted when no
ability to mount on structure
TOWN OF VA
4/19/2011
6 -6 -4
Existing Regulations
IFT FID 1� 11 11 Fll
litu -------
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TOWN OF VA
4/19/2011
6 -6 -i
Proposed Regulations
E IF 1� 11 ILI� IF
TOWN OF VA
4/19/2011
6 -6 -6
Existing Regulations
------------------ - - - - -- ------ ---------
9 f
0
r
0
I
TOWN OF VA�
4/19/2011
6 -6 -7
Proposed Regulations
------------------ - - - - -- - - -- _ -- - �___ - - - - --
s 12
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00 00
FI n
TOWN OF VA�
4/19/2011
6 -6 -5
Ordinance No. 5, Series of `011
Town Council Policy Direction
• Encourage energy efficiency and renewable energy in
accordance with the Environmental Sustainability Strategic Plan
• Architecturally integrate solar energy devices with buildings
• Minimize view of solar energy devices from street
• Avoid new perceived building heights
• Avoid increased bulk and mass
• Maintain character of buildings
• Achieve regulations that fall in the middle 50 %, meaning the
regulations are neither too lenient, where any system goes, nor
too stringent, which prohibits most systems from being installed.
TOWN OF VA
a i,zou
ITL1 Oil
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Resolution No. 7, Series of 2011, establishing the 2011 payment of fees in
lieu for each employee to be housed and for each square foot for commercial linkage and
inclusionary zoning mitigation.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications or
Deny Resolution No. 7, Series of 2011.
BACKGROUND: On April 3, 2007 the Vail Town Council adopted Ordinances Nos. 7 and 8,
Series of 2007, establishing commercial linkage and inclusionary zoning requirements.
Pursuant to 12- 23 -613-4 and 12- 24 -613-4, Payments of Fees in Lieu, Vail Town Code, "the fee
in lieu for each employee to be be housed..." and "the fee in lieu for each square foot of
employee housing required shall be established annually by resolution of the Town Council."
The annual fee in lieu amount reflects the gap between a two - person household earning 120%
of area median income (AMI) and the previous year's median cost per unit.
STAFF RECOMMENDATION: Staff recommends the Vail Town Council approve Resolution
No. 7, Series of 2011.
ATTACHMENTS:
memorandum
Resolution No. 7, Series of 2011
4/19/2011
MEMORANDUM
TO: Vail Town Council
FROM: Community Development Department
DATE: April 19, 2011
SUBJECT: Resolution No. 7, Series of 2011
I. INTRODUCTION
On April 4, 2007, the Vail Town Council adopted Ordinances Nos. 7 and 8, Series of
2007, establishing commercial linkage and inclusionary zoning. The ordinances provide
five methods of mitigation to supply the requisite employee housing. One of the
methods of mitigation is paying a fee in lieu of supplying the employee housing.
In accordance with Sections 12 -23 -5 and 12 -24 -6, the fee in lieu for each employee
to be housed and for each square foot of employee housing required shall be
established annually by resolution.
The employee housing fee in lieu amount reflects the gap between a two - person
household earning 120% of the 2010 Area Median Income and the 2010 median cost
per unit plus an administrative fee of $3,000 per employee or $3.65 per square foot. The
two - person Area Median Income decreased $1,500 from 2009 to 2010 and the Town of
Vail median price per square foot increased $93. The assumed interest rate remained
constant at 5.5 %, reflective of current mortgage interest rates.
Additionally, in 2010, the Vail Town Council modified the calculation of fee in lieu to
reflect a three -year average.
II. 2011 FEE IN LIEU CALCULATION
The formula for commercial linkage is:
Affordability Gap ($189,141) / 1.5 (average employees per unit) = Gap per
Employee ($126,094) + Averages from the two previous years ($71,299 and
$326,206) + administrative fee ($3,000 per employee) _ $177,533
The formula for inclusionary zoning is:
Affordability Gap ($189,141) / 825 (average square feet of units) = Gap per
Square Foot ($229) + Averages from the two previous years ($87 and $395) +
administrative fee ($3.65 per square foot) _ $240.65
III. ACTION REQUESTED OF COUNCIL
Approve, approve with modifications or deny Resolution No. 7, Series of 2011.
4/19/2011
7 -1 -1
IV. STAFF RECOMMENDATION
Staff recommends Town Council Approve Resolution No. 7, Series of 2011
V. ATTACHMENT
A. Resolution No. 7, Series of 2011
4/19/2011
7 -1 -2
RESOLUTION NO. 7
Series of 2011
A RESOLUTION ESTABLISHING THE 2011 PAYMENT OF FEES -IN -LIEU FOR EACH
EMPLOYEE TO BE HOUSED, AS REQUIRED BY CHAPTERI2 -23, COMMERCIAL
LINKAGE, AND FOR EACH SQUARE FOOT, AS REQUIRED BY CHAPTER 12 -24,
INCLUSIONARY ZONING, VAIL TOWN CODE; AND SETTING FORTH DETAILS IN
REGARD THERETO.
WHEREAS, on April 3, 2007, the Vail Town Council adopted of Ordinance Nos. 7
& 8, Series of 2007, establishing Commercial Linkage and Inclusionary Zoning
requirements in the Town of Vail; and
WHEREAS, pursuant to Sections 12 -23 -5 and 12 -24 -6, Methods of Mitigation,
payment of fees -in -lieu is one of five (5) methods by which the mitigation of employee
housing required may be accomplished; and
WHEREAS, in accordance with Sections 12 -23 -5 and 12 -24 -6, the fees -in -lieu for
each employee to be housed and for each square foot of employee housing required
shall be established annually by resolution of the Vail Town Council; and
WHEREAS, the Vail Town Council has determined that the proposed fee -in -lieu
amounts accurately reflect the affordability gap between a two person household earning
120% of the Area Median Income (AMI) and the 2010 Median Cost per Unit;
WHEREAS, the Vail Town Council has determined the proposed fee -in -lieu
amount should be calculated and then averaged with the two (2) previous years to more
accurately reflect market conditions; and
WHEREAS, the Vail Town Council finds that this Resolution furthers the
development objectives of the Town and is in the best interest of the Town as it
promotes the coordinated and harmonious development of the Town in a manner that
conserves and enhances the availability of employee housing within the Town of Vail.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO:
1. Establishment of Fees -in -Lieu
a. The fees -in -lieu for each employee to be housed or for
each square foot of employee housing provided in accordance
with Chapters 12 -23, Commercial Linkage, and 12 -24,
Inclusionary Zoning, shall be established annually by resolution of
the Town Council, provided that, in calculating that fee, the Town
Council shall include the net cost (total cost less the amount
covered by rental or sale income) of real property and all related
planning, design, site development, legal, construction and
construction management costs of the project, in current dollars,
which would be incurred by the Town to provide housing for the
Resolution No. 7, Page 1 of 3
Series of 2011
4/19/2011
7 -2 -1
employee to be housed or for each square foot of employee
housing provided in that year;
b. An administrative fee of $3,000 /per employee or $3.65 per
square foot shall be added to the amount set forth in paragraph a
hereof.
C. Fees -in -lieu shall be calculated each year and that amount
shall be averaged with the previous two (2) years calculated fees -
in -lieu to establish the new annual fees -in -lieu.
d. Fees -in -lieu shall be due and payable prior to the issuance
of a building permit for the development.
e. The Town shall only use monies collected from fees -in -lieu
to provide new employee housing.
The calculation formula for fee -in -lieu has been attached for reference
(Exhibit A).
2. 2011 Payment of Fees -in -Lieu Amounts
a. Fee -in -lieu per employee (commercial linkage) _ $177,533
b. Fee -in -lieu per square foot (inclusionary zoning) _ $240.65
3. Effective Date of the Resolution
This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of April,
2011.
Richard D. Cleveland, Mayor, Town of
Vail
ATTEST:
Lorelei Donaldson, Town Clerk
Resolution No. 7, Page 2 of 3
Series of 2011
4/19/2011
7 -2 -2
Exhibit A
2011
Fee -in -Lieu Calculation Formula
120% Area Median Income (2- person household)* $81,600
Affordable Monthly Housing Payment $2,040
Property Taxes /Insurance /HOA (20% of Housing Payment) $408
Mortgage Payment $1,632
Maximum Mortgage Amount* $287,431
Affordable Purchase Price $302,559
Average Square Feet of Units 825
2010 Median Price per Square Foot (all units) ** $596
Cost per Unit $491,700
Affordability Gap /Payment per Unit in Lieu $189,141
** *Assumes 5% down, 5.5% interest for 30 years.
Gap per Employee (1.5 emps/household on average) $126,094
2010 Gap per Employee (not averaged) $71,299
2009 Gap per Employee $326,206
Administrative Fee per Employee $3,000
Fee per Square Foot per Employee $229.00
2010 Fee Per Square Foot per Employee (not averaged) $87.00
2009 Fee per Square Foot per Employee $395.00
Administrative Fee per Square Foot per Employee $3.65
Fee -in -Lieu per Employee $177,533 * **
Fee -in -Lieu per Square Foot $240.65
(Note — these figures to be established annually by the Vail Town Council)
* As published by the US Department of Housing and Urban Development
** Calculated by RRC Associates from the 2010 Eagle County Assessor's Data Base
* * * Rounded to the nearest dollar
Resolution No. 7, Page 3 of 3
Series of 2011
4/19/2011
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: First reading of Ordinance No. 11, Series of 2011, an Ordinance authorizing a
ten foot wide utility easement along the common property line between Parcel A and Parcel B,
a resubdivision of Tract D, a resubdivision of Vail Das Schone Filing No. 1, a resubdivision of
Parcel A and Parcel B, Town of Vail, County of Eagle, State of Colorado; and setting forth
details in regard thereto.
PRESENTER(S): George Ruther
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny
Ordinance No. 11, Series of 2011 on first reading.
BACKGROUND: On May 24, 2010, the Town of Vail Planning and Environmental
Commission approved an amended final plat modifying the shared property line between
Parcel A and Parcel B. A utility easement was not platted at the time the property line was
modified. The sole purpose of Ordinance No. 11 is authorize the platting of a ten foot wide
easement.
STAFF RECOMMENDATION: The Community Development Department recommends the
Town Council approves Ordinance No. 11, Series of 2011 on first reading.
ATTACHMENTS:
Town Council Memorandum
4/19/2011
ORDINANCE NO. 11
Series of 2011
AN ORDINANCE AUTHORIZING A TEN FOOT WIDE UTILITY EASEMENT ALONG THE
SHARED PROPERTY LINE BETWEEN PARCEL A AND PARCEL B, A RESUBDIVISION OF
TRACT D, A RESUBDIVISION OF VAIL DAS SCHONE FILING NO.1, A RESUBDIVISION OF
PARCELS A & B, TOWN OF VAIL, COUNTY OF EAGLE, STATE OF COLORADO; 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 ");
WHEREAS, the members of the Town Council of the Town (the "Council ") have been
duly elected and qualified;
WHEREAS, the Town of Vail is the owner of record of Parcel A and Parcel B, a
resubdivision of Tract D, a resubdivision of Vail Das Schone Filing No.1, a resubdivision of
Parcels A & B, Town of Vail, County of Eagle, State of Colorado;
WHEREAS, the Charter of the Town of Vail enables the Vail Town Council to dedicate
town -owned land for demonstrated public purposes;
WHEREAS, as a result of the completion of the new West Vail Fire Station #3 a ten foot
wide utility easement (the "Easement ") is needed along the entire length of the shared property
line between Parcel A and Parcel B, as shown in the attached Exhibit A ;
WHEREAS, at this time Comcast Cable desires to bury a cable line within the area of
the Easement to serve the needs of the fire station and the properties in the vicinity;
WHEREAS, the Town desires to dedicate a ten foot wide utility easement along the
shared property line;
WHEREAS, the Council considers it in the best interest of the public health, safety and
welfare of the Town of Vail to dedicate the Easement as shown in the attached Exhibit A .
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. The Council hereby approves and authorizes the dedication a ten foot
wide utility easement along the entire length of the common property line between Parcel A and
Parcel B, as shown in the attached Exhibit A .
Section 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 effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof,
regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
4/19/2011
8 -1 -I
Section 4. The 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.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 19 day of April, 2011, and a public
hearing for second reading of this Ordinance set for the 3 rd day of May, 2011, at 6:00 P.M. in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 3 rd day of
May, 2011.
Richard Cleveland
Town Mayor
Attest:
Lorelei Donaldson
Town Clerk
4/19/2011
8 -1 -2
EXHIBIT "
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4/19/2011
8 -1 -3
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: 2011 Overlay Project Award
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an
agreement with B &B Excavating to complete the 2011 Overlay Project in the amount not to
exceed $396,655.99.
BACKGROUND: The project consists of an asphalt mill and overlay of roads in the
Intermountain neighborhood, Matterhoron Cir, Geneva Dr and portions of roads in East Vail.
Bids were received on April 5, 2011 from B &B Excavating and Elam Construction. B &B
Excavating's bid is in the amount of $396,665.25 and Elam Construction's bid is in the amount
of $400,722.00. Staff recommends contracting with B &B Excavating for their construction
services for the bid amount. This project is budgeted from the Capital Street Maintenance
budget and is within the engineer's estimate. The project is scheduled to be completed no
later than the end of June 2011.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement, in a
document approved by the Town Attorney, with B &B Excavating to complete the 2011 Overlay
Project in the amount not to exceed $396,655.99
4/19/2011
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 19, 2011
ITEM /TOPIC: Matterhorn Bridge Design Award
PRESENTER(S): Chad Salli
ACTION REQUESTED OF COUNCIL: Authorize the Town Manager to enter into an
agreement with Loris and Associates to complete the design phase of the Matterhorn Bridge
Replacement Project in the amount not to exceed $231,664.25.
BACKGROUND: The Town of Vail was awarded full funding bridge grant for the replacement
of Structure Number VAIL- MATTERHORN in November 2007. In January 2011, the Town
advertised for a Request For Qualifications (RFQ) for the design phase of the project.
Submittal of qualifications were received February 10, 2011 from 11 firms. As required with a
federally funded project, fees were not submitted and compensation was negotiated with the
selected qualified consultant. Loris and Associates has been selected as the qualified
consultant based on the project team and experience with similar projects. Construction is
scheduled for 2012.
STAFF RECOMMENDATION: Authorize the Town Manager to enter into an agreement, in a
document approved by the Town Attorney, with Loris and Associates to complete the design
phase of the Matterhorn Bridge Replacement Project in the amount not to exceed $231,664.25
4/19/2011