HomeMy WebLinkAbout2012-06-05 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL
EVENING SESSION AGENDA
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., JUNE 5, 2012
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:
1) Approval of May 1 and May 15 meeting minutes; (5 min.)
PRESENTER(S): Various
3.
ITEM/TOPIC: Town Manager Report:
Vail Bike & Hike App (10 min.)
PRESENTER(S): Various
4.
ITEM/TOPIC: Presentation of the 2011 audited financial statements (15
min.)
PRESENTER(S): Michael Jenkins, McMahan and Associates, LLC
ACTION REQUESTED OF COUNCIL: The 2011 audited financial
statements are presented for Council information; no action is requested
BACKGROUND: In accordance with section 9.11 of the Vail Town Charter,
an independent audit shall be made of all town accounts at least annually.
The audit shall be conducted by certified public accountants and copies
made available for public inspection at the municipal building. The 2011
audit was conducted by McMahan and Associates, LLC. Michael Jenkins,
C.A., CPA, and a principal of the firm will present the results of the audit to
Council and the public.
STAFF RECOMMENDATION: None - Information only
5. ITEM/TOPIC: Results of the 2012 Town of Vail Community Survey (40
min.)
PRESENTER(S): Suzanne Silverthorn/Chris Cares
ACTION REQUESTED OF COUNCIL: Review the survey results and
determine if additional follow up is needed.
6/5/2012
BACKGROUND: During the spring of 2012 the Town of Vail fielded a
community survey similar to efforts conducted in the past. It consisted of
questionnaires completed by full- and part-time residents, property owners
and business owners to evaluate opinions on a variety of issues. Using
survey techniques that permit comparisons to past research, the town
employed a combination of personalized invitations via postcard mailings as
well as open invitations to take the survey online. Respondents were also
given a third option to request a mail-back version. The purpose of the survey
is to evaluate respondents’ level of satisfaction with respect to a full range of
services and to gather opinions on selected issues and areas of focus.
Similar questions have been posed to Vail part-time and year-round residents
on a periodic basis since 1987. The 2012 survey was designed to permit
comparisons to past results, as well as to provide new insights on a variety of
topics of current interest.
STAFF RECOMMENDATION: None.
6.
ITEM/TOPIC: Resolution No. 20, Series of 2012, A Resolution Authorizing
the Town Manager to Sign a Wireless Communications and License
Agreement Between the Town of Vail and NewPath Networks, LLC; and
Setting Forth Details in Regard Thereto. (30 min.)
PRESENTER(S): Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution
No. 20, Series of 2012.
BACKGROUND: The Town Council wishes to enter into a wireless
communications and license agreement with NewPath Networks, LLC to
enhance the wireless communications services and to avoid unnecessary
disruption and administrative burdens throughout the town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 20,
Series of 2012.
7.
ITEM/TOPIC: Appointment of new members to the Commission on Special
Events (CSE), Vail Local Housing Authority (VLHA) and Vail Local Licensing
Authority (VLLA) boards. (10 min.)
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council
appoint one member to the CSE, one member to the VLHA and two
members to the VLLA at the evening meeting.
BACKGROUND: See memorandum and letters of interest attached to work
session agenda item.
8.
ITEM/TOPIC: Ever Vail - The Community Development Department
requests that the major subdivision and Ordinance Nos. 7, 8 and 9, Series of
2011 be continued to the July 17, 2012, public hearing.
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant
6/5/2012
to Chapter 13-3, Major Subdivision, Vail Town Code, to allow for the creation
of two lots for the redevelopment of the properties known as Ever Vail (West
Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage
Road West, and the South Frontage Road West right-of-way/unplatted (a
complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard
thereto. (PEC080062)
Rezoning (Ordinance No. 7, Series of 2011):
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to allow for a establish Lionshead Mixed Use 2 District zoning on
Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923,
934, 953, 1000, and 1031 South Frontage Road, and the South Frontage
Road right-of-way/unplatted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and
setting forth details in regard thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of 2011):
A request for a recommendation to the Vail Town Council for a major
amendment to Special Development District No. 4, Cascade Village,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the removal of Development Area D (Glen Lyon Office Building)
from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to include the subject property in the Lionshead Mixed Use 2
District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon
Subdivison, and setting forth details in regard thereto. (PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No.
9, Series of 2011):
A request for a final recommendation to the Vail Town Council for prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 12-10-19, Core Areas Identified, Vail Town Code, to
amend the core area parking maps to include "Ever Vail" (West Lionshead)
within the "Commercial Core" designation, and setting forth details in regard
thereto. (PEC080065) (5 min.)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Community Development
Department requests that the major subdivision and Ordinance Nos. 7,
8, and 9, Series of 2011 be continued to the July 17, 2012 public
hearing.
BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and
Environmental Commission forwarded a recommendation of approval, with
conditions, on the preliminary plan for the major subdivision to establish
Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-0-2 (Viele and
Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, for a
zone district boundary amendment to establish Lionshead Mixed Use 2
District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5-
6/5/2012
0-2 (Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the
Planning and Environmental Commission forwarded a recommendation of
approval, with conditions, for a major amendment to Special Development
District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office
Building from the SDD in order for it to be incorporated into the Ever Vail
Subdivision, by a vote of 4-0-2 (Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11,
2010, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a prescribed regulations
amendment to Section 12-10-19, Core Areas Identified, Vail Town Code, by a
vote of 4-0-2 (Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development
Department requests that the major subdivision and Ordinance Nos. 7,
8, and 9, Series of 2011 be continued to the July 17, 2012 public
hearing.
9.
ITEM/TOPIC: First Reading of Ordinance No. 7, Series of 2012, an
ordinance repealing and reenacting the approved development plan for
Phase IV of Special Development District No. 6, Vail Village Inn, pursuant to
Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of one existing fractional fee club unit to one dwelling unit, located
at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D,
Vail Village Filing 1, and setting forth details in regard thereto. (20 minutes)
PRESENTER(S): Rachel Dimond, Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 7, Series of 2012, upon
first reading.
BACKGROUND: On May 12, 2012, the Planning and Environmental
Commission (PEC) recommended approval, with conditions, to the Vail Town
Council for a major amendment to Special Development District No. 6. The
PEC also approved, with conditions, the amendment to an existing
conditional use permit for the reduction in fractional fee units. Should
Ordinance No. 7, Series of 2012 be approved, The Sebastian will be
permitted to increase the number of dwelling units from one to two and
decrease the number of fractional fee units from 50 to 49.
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves, with conditions,
Ordinance No. 7, Series of 2012, upon first reading. The PEC recommends
the following condition be placed on the approval:
1. “The applicant shall amend all applicable condominium maps to reflect
the change in use and cause said maps to be recorded in the office of the
Eagle County Clerk and Recorder within 90 days of approval of the major
amendment to the special development district application.”
10. ITEM/TOPIC: First Reading of Ordinance No. 8, Series of 2012, an
ordinance amending the Official Zoning Map to rezone the Vail Golf Course
Clubhouse Parcel from the Outdoor Recreation District to the General Use
6/5/2012
District, located at 1778 Sunburst Drive/Vail Golf Course Clubhouse Parcel,
and setting forth details in regard thereto. (60 minutes)
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 8, Series of 2012, on first
reading.
BACKGROUND: The Vail Golf Course clubhouse and parking lot are
located on separate parcels. The Vail Golf Course clubhouse is located in the
Outdoor Recreation District and the parking lot is located in the General Use
District. The purpose of this ordinance is to consolidate the Vail Golf Course
clubhouse and parking lot sites into the same zone district. The proposed
ordinance is also intended to facilitate renovations to the Vail Golf Course in
response to the November 8, 2011 election. In November 2011, the Vail
electorate approved ballot question #1 which re-allocated conference center
funds, in part, for the “Expansion and improvement of the clubhouse at the
Vail Golf Course and Nordic Center, including multi-use community
space.”The subject Vail Golf Course (including the clubhouse) was annexed
into the Town of Vail in 1972 and subsequently zoned to the Agriculture
District. In 1973, the golf course (including the clubhouse) was rezoned from
the Agriculture District to the newly created Agriculture and Open Space
District. In 1995, the Vail Golf Course (including the clubhouse) was rezoned
from the Agriculture and Open Space District to the newly created Outdoor
Recreation District. The Vail Golf Course parking lot site was also annexed
into the Town of Vail in 1972 and in 1973 was zoned as part of Special
Development District No. 1, Sunburst Development. In 1977, the Vail Golf
Course parking lot was rezoned from SDD No. 1 to the Public Use District
(which was renamed the General Use District in 1994).On May 14, 2012, the
Planning and Environmental Commission approved, with conditions, a final
plat establishing the Vail Golf Course Clubhouse Parcel. This final
plat established the golf course clubhouse as a separate development site
from the remainder of the unplatted golf course parcel. At that same hearing,
the Planning and Environmental Commission forwarded a recommendation
of approval for the proposed rezoning of the Vail Golf Course Clubhouse
Parcel from the Outdoor Recreation District to the General Use District by a
vote of 4-3-0 (Cartin, Pratt and Rediker opposed).
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approves Ordinance No. 8,
Series of 2012, on first reading.
11. ITEM/TOPIC: Adjournment (9:30 p.m.)
6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Consent Agenda:
1) Approval of May 1 and May 15 meeting minutes;
PRESENTER(S): Various
ATTACHMENTS:
May 1 2012 Meeting Minutes
May 15 2012 Meeting Minutes
6/5/2012
Town Council May 1, 2012 minutes Page 1
Vail Town Council Meeting Minutes
Tuesday, May 1, 2012
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 Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
_________________________________________________________________
The first item on the agenda was a Proclamation No. 4, Series of 2012, designating the month
of May, 2012 as “Building Safety Month” in the Town of Vail.
Ludwig Kurz read the proclamation for "Building Safety Month" into the record.
Moffet made a motion to adopt Proclamation No. 4, and Foley seconded the motion. A vote
was taken and the motion passed unanimously, 7-0.
Martin Haeberle, Chief Building Official, thanked Council. He said there will be several events
supporting building safety month throughout the month including: disaster mitigation; drought
resistant landscaping; fire safety; a tour of the fire station; backyard safety and others.
The second item on the agenda was Citizen's Participation. Brandmeyer introduced Shane
Gremer on behalf of Safebuilt. Safebuilt is celebrating their 25th anniversary and is giving back
to the community of Vail. They presented a check to Red Sandstone Elementary School
Principal Katherine Lange for $1,000. Lange thanked Gremer and Safebuilt for the generous
donation. Daly thanked Safebuilt for investing in Vail’s community.
Chris Moffet, wife of Councilmember Greg Moffet, brought in a cake to celebrate Greg’s
birthday. The Council and attendees sang happy birthday to Greg.
Jeff Layman introduced himself to the Council and the community as a candidate for
commissioner for Eagle County. He stated Peter Runyon is term limited and cannot run again.
He said he has the knowledge, skill and abilities to serve county residents well. He said he is
not a one issue candidate. He said he will remember that Vail is a predominant economic driver
in the county. He said the Primary Election is June 26 and the General Election is November
6th. He asked people to vote at both elections.
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Town Council May 1, 2012 minutes Page 2
Jamie Duke introduced himself as the new Chairman of the Board for the Colorado Ski
Museum. He thanked the town for 37 uninterrupted years of support. He said there has been
confusion on what the museum’s role is in Vail. He said the board passed a resolution at their
last meeting which clarified their role and responsibilities in the Vail area. The intent is to serve
local and state ski museum roles. The museum was originally funded by the Town of Vail, Vail
Resorts and the Forest service. The museum’s site is ideal and as a community and statewide
museum. He read the resolution into the record. The Resolution will be attached for the record.
Daly thanked Duke for the clarification regarding their important role to the community and the
ski and snowboard industry.
The third item on the agenda was the Town Manager's Report.
Greg Hall discussed the re-zoning of the Golf Course Clubhouse and said the application to the
Planning and Environmental Commission (PEC) had been submitted for General Use zoning. If
all goes as planned, this project will be in front of Council on June 5, 2012. A text amendment
will also clean up the code language.
Zemler addressed the replacement of one of the fire trucks. He said the replacement would be
a wild land fire fighting truck, which is a Type 7 vehicle. The current Type 6 vehicle will be added
back into the fleet. The new truck will truly be a wild land fire truck to enhance Vail’s ability to
respond to any wild land fire issue. The Eagle River Fire District and Eagle Fire District have
these vehicles and this will bring the total up to about 6 or 7 wild land fire trucks that can be
utilized across Eagle County.
Tjossem asked if a fire is on Forest Service or BLM land, would Vail go after it as if it’s in Vail.
Zemler said initially, the Vail Fire Department would definitely strike immediately until other
resources arrived. The objective is to contain the fire as quickly as possible.
The fourth item on the agenda was a review of the ballot language and voter poll for a
proposed tax increase for the purpose of creating, sustaining and ensuring a dedicated funding
source for qualified athletic and cultural events and programs in the Town of Vail and supporting
operations and infrastructure in the Town of Vail related to special events.
Kelli McDonald, Economic Development Manager, reviewed the memorandum with Council.
She said staff is requesting the Council review the ballot language and voter poll questions
presented by Magellan Strategies and provide direction for the polling scheduled to begin May
7, 2012. At the April 3 meeting, Council directed up to $15,000 be spent on a voter poll to
gauge support for a proposed tax increase. Such taxes would require approval by the Vail
electorate. The proposed ballot issue of an annual levy of an additional one and one-half
percent (1.5%) lodging tax and one-half percent (.5%) sales tax on all transactions the town’s
existing tax applies to, except for the sales of food for home consumption, is projected to
generate $4.5 million annually, commencing January 1, 2013 and expiring on December 31,
2017. In 2012, the Council allocated approximately $2.4 million in funding and $300,000 to in-
kind services for a total of $2.7 million for this same purpose.
David Flaherty, with Magellan Strategies, discussed the proposed language and the voter poll
his company will be doing for this issue. He said due to trends, a cell phone cannot be used to
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Town Council May 1, 2012 minutes Page 3
poll voters. They have to attempt to call land lines and then cell phones. He proposed a three
mode interview approach. The first attempt will be to call land lines for three nights, then
attempt to contact registered voters by cell phones (they will comply with federal regulations);
and then attempt to contact people via on-line email addresses. A web-based survey will be on-
line and they will send emails to registered individual voters. To participate in the online survey,
they are requesting the first and last name of the person and their birth year. Once the survey is
taken, it’s locked in so they can’t vote again. He said through the three modalities, they hope to
get 300 surveys done. He reviewed the ballot language with Council.
Rogers said the ballot language needs to be consistent with what the survey questions are
asking.
Daly said they haven’t had a discussion on how the funds will be allocated relative to existing
organizations and to new events. Also, if this moves forward, will approximately $2.1 million be
put into special events and other activities, what type of return are they looking for and what is
the urgency to get this done now.
Kelli McDonald, Economic Development Manager, said this is not the time to discuss how the
funds will be allocated as this was discussed previously by Mia Vlaar. Daly said he doesn’t
want to put the cart before the horse. Rogers said she has the same concerns and wants to
know how they will be allocating it. Will it be the same as we are currently doing or will it be
different. What if a constituent asks the question, what is Council going to tell them. Tjossem
said there were tiers that were part of the original proposal and descriptions of each tier. She
said the application process is extensive. She asked if Rogers and Daly would be comfortable
moving forward with just the criteria of the tiers. Rogers said the Council hasn’t agreed to use
the tiered system. Rogers said people don’t like to raise taxes. Zemler said this is time
sensitive and needs to stay on track.
McDonald said the results would be brought to Council at a June meeting. She stated the
criteria and details of the tiering method would need to be finalized prior to going on the
November ballot in July if they have a positive response from the survey.
Donovan said there are a lot of questions to be answered prior to getting it on the November
ballot. Tjossem said Council may decide to hold off on getting it on the November ballot.
Daly said the model is good but there are already groups that have expectations of the amount
of funds they will be receiving. Daly asked if there is a savings to the town, shouldn’t there be a
property tax refund to the taxpayers.
Moffet said the five-year sunset clause on this is a great concern to him. If they reduce taxes,
how would the town fund events after the five years.
Michael Kurz, Vail resident, said they are listing twelve events in the poll and most are iconic
events. He asked what percentage of these particular events is part of the total events. He said
the ones chosen are problematic. He said these are events everyone likes. He wants more
balance between iconic events and lesser known events in the poll. He said there is a question
about what percentage the town would put in and if the promoters put in less money, are we
funding the promoters or should they return money to the town.
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Town Council May 1, 2012 minutes Page 4
Rich ten Braak, with the Vail Chamber and Business Association (VCBA), said the VCBA
members have discussed this issue but they are waiting for the poll results.
Michael Cacioppo said the ballot language is too vague. He read the sunset language and said
that was the only part of the ballot language that made sense. He said not having sunset
language would not get this passed. He asked Flaherty what other projects he has polled in
Eagle County. Flaherty said he handled the Eagle River Station (ERS) poll.
Jim Lamont, representing the Vail Village Homeowners Association (VVHA), asked how the on-
line poll would work. Flaherty said they want to link and post the survey on the town’s website.
They would match the person and their address. Lamont stated the ballot language should say
“draft ballot question” as there needs to be flexibility to change the ballot language after the poll
is done. This is a time sensitive issue which needs to get it into the process, but they need
flexibility on how the language will read. This is an economic development tool.
Mia Vlaar, representing the Athletic and Cultural Events (ACE) group, thanked those who
participated in the discussion and said they had valid comments. She said the point of this
discussion is to get the poll done and see if there is community support for the ballot initiative
itself.
Tjossem asked Vlaar to explain why a sunset clause was included. Vlaar said this was to take
what they are proposing, have a cohesive process to see if it works and then go back to the
voters again after the sunset, to see if the community wants to keep it.
Donovan said Lamont’s comment to add “draft ballot question” to the language is important and
is an honest way to proceed. She said Kurz’ comments to add more variety of events to the poll
survey is valid. Tjossem also agreed with Donovan.
Rogers said her concern is the language as is, is too narrow. Flaherty said they have time to
put this off in the next two weeks. Daly said the current committee and two council members
should meet and modify the language. He feels the best thing to do is to table this item to the
next meeting. Further discussion ensued.
Donovan made a motion to make the language more narrow and add “draft” to the survey poll
document, and the motion was seconded by Foley. A vote was taken and the motion passed,
4-3 with Moffet, Rogers and Daly opposed. Rogers said she thinks this process is placing the
cart before the horse.
The fifth item on the agenda was Resolution No. 22, Series of 2012, a resolution approving the
sale of real property in the Town of Vail legally described as a part of the Southeast Quarter of
Section 6, Township 5 South Range 80 West of the 6th Meridian According to the Map Thereof
Recorded in the Office of the Eagle County, Colorado Clerk and Recorder; and Setting Forth
Details in Regard Thereto.
Matt Mire, Town Attorney, said a revised Purchase and Sale Agreement was handed out and is
at the back of the room for the public, and a copy was placed in front of Council. He reviewed
the resolution changes and said the resolution approves the sale of the property.
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Town Council May 1, 2012 minutes Page 5
Daly asked Mire if they were going to add the language to the resolution to move forward with
the sale of the property to encourage the long term residence of the Steadman Clinic and the
hospital to stay in Vail.
George Ruther, Community Development Director, stated that language was in the ordinance.
Moffet made a motion to approve Resolution No. 22, Series of 2012, and the motion was
seconded by Rogers. A vote was taken and the motion passed, 7-0.
The sixth item on the agenda was first reading of Ordinance No. 2, Series of 2012, an
ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section
12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse
(VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012,
amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village
Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master
Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and
setting forth details in regard thereto.
George Ruther said this process has been on going for two years. Staff identified there was a
blatant and clear need that this section of the code needed to be cleared up. He said they have
seen about three or four projects come through and this process is very time consuming.
He said staff has worked long and hard on a solution that achieves the objectives in an
equitable fashion. This ordinance has created an incentive that allows for redevelopment to
occur. This will be an easier and clearer process. Creating the design guidelines will maintain
and preserve the character of the neighborhood.
Tjossem reminded the Council that staff came up with a creative way to solve a problem that the
town has been grappling with for a very long time.
Rogers said this is a well drafted ordinance, and the process has gone on for over two-and-a-
half years. She asked what the final decision was on the gross residential floor area (GRFA):
was it 1.25, 1.35 or 1.50. Council had given a recommendation of 1.25. Campbell said the final
recommendation by PEC was 1.35.
Dominic Mauriello, representing some of the homeowners, said they wanted the GRFA to be
1.50. He said at that time these were built, there were no design guideline principles in place.
Mauriello reviewed a three-dimensional model with Council with regard to the GRFA. Further
discussion ensued regarding height, GRFA, setbacks, number of stories, etc.
Kyle Webb, Architect, showed another model that tested and maxed out the GRFA. He showed
what is allowable under current code and what could happen now but probably couldn’t be built.
Mauriello said they could get away with not having GRFA but no building could be more than
1.73 GRFA. He said Council should consider not having GRFA. Moffet was concerned about
that comment.
Rogers is concerned with the height being 43 feet.
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Town Council May 1, 2012 minutes Page 6
Mauriello said the need for 43 feet is to allow for a ridge and down slope toward the creek. He
said this is not noticeable from the street side.
Campbell pointed out one of the design standards is that the roofs are pitched and sloping and
in keeping with the character of the neighborhood.
Rogers is concerned there will be too many tall buildings in town around Vail Trails East.
Further discussion on height and setbacks ensued.
Tjossem said the other buildings around this area are four and five levels. This is a different
scale. The design guidelines preserve the neighborhood and will allow the owners to redevelop.
They need incentives to regenerate and upgrade their 1960’s buildings. She said staff has done
a lot of work in this process and will vote in favor of this ordinance. Kurz said Tjossem
explained it well and agrees this area needs to be improved. Council needs to be serious about
future economic viability and incentivize to have these redeveloped. Donovan said staff has
addressed the concerns of Council and appreciates their efforts. The guidelines encourages
the intent. She is not comfortable about the 1.35 GRFA in the ordinance. She could support
the ordinance without the 1.35 allowance. Moffet said current successes are key to the ability to
adapt. He doesn’t see this as damaging. He is fine deleting 12-6j-9, but is okay to keep in if
other Council members want it left in. He said Council wants this area to be as nice an
investment as the rest of the community. Rogers said getting over the character of the
neighborhoods is the hard part for her. She feels this changes the character of Vail. She wants
to go with 1.25 GRFA.
Kyle Webb said the perception is the same from the street whether it’s 1.35 or 1.25 GRFA. He
said other parts of the neighborhood have changed. Owners have put their redevelopment on
hold waiting for this ordinance.
Mauriello said these units could be condominiumized and become larger. There could be lots of
things that can be done that could make it bigger.
Daly said what is being proposed dramatically facilitates the development process without
penalties. Staff has done a terrific job coming up with guidelines. He is uncomfortable passing
this without GRFA. He is comfortable with the staff recommendation of 1.25 even though the
PEC recommendation was 1.35.
Moffet made a motion to approve Ordinance No. 2 with the staff findings in the memorandum,
with a change from 1.35 to 1.25 for the GRFA. The motion was seconded by Donovan.
A vote was taken and passed 6-1, Foley opposed.
Staff requested the Council table Resolution No. 7, Series of 2012, to its May 15, public hearing
to correspond to the second reading of the associated Ordinance No. 2, Series of 2012.
Moffet made a motion to table Resolution No. 7 to the May 15, meeting to be heard at the time
second reading of Ordinance No. 2 is heard. The motion was seconded by Donovan. A vote
was taken and the motion passed, 7-0.
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Town Council May 1, 2012 minutes Page 7
The seventh item on the agenda was Resolution No. 20, Series of 2012, a resolution
authorizing the Town Manager to sign a Wireless Communications and License Agreement
between the Town of Vail and NewPath Networks, LLC; and setting forth details in regard
thereto.
Ron Braden, IT Director, said the 4G cellular service is with Crown Castle. He said this
agreement is to bring 4G wireless to Vail and revamp the existing wireless network now in
place. He said the Council wished to enter into a wireless communications and license
agreement with NewPath Networks, LLC to enhance the wireless communications services and
to avoid unnecessary disruption and administrative burdens throughout the town.
Moffet made a motion to approve Resolution No. 20, Series of 2012, a resolution authorizing the
Town Manager to sign a Wireless Communications and License Agreement between the Town
of Vail and NewPath Networks, LLC; and setting forth details in regard thereto. The motion was
seconded by Kurz.
Foley asked if this agreement is replacing Century Link on the WiFi side. Braden said yes, this
is a free and working WiFi system that will bring it up-to-date and the town will get much better
service. The 4G service parameters are not in this agreement as that will be with various
carriers.
Daly said there is no way for us to force Crown Castle to ask for guarantees to provide service
for a world class resort. There is nothing that guarantees better service and may not get us in a
better position. Braden said the carriers will hold Crown Castle to do this. He said technology
changes from year to year and is hard to nail down. He said the communication expert
reviewed the technical aspects of the agreement and signed off on this agreement. Mire said
Ken Feldman looked at this agreement and had some concerns and Mire had questions as well.
He said he shares some concerns and wants a work session to discuss the agreement as a 30-
year term with no ability to raise standards should be addressed. Rogers asked if it will be free
WiFi across the town. Braden said yes.
Moffet made a motion to withdraw his previous motion at this time. Kurz withdrew his second of
the original motion.
Moffet then moved to table this item to the May 15th meeting, and the motion was seconded by
Foley and Kurz. Donovan asked for copy of what the coverage areas are, not just the cellular.
Braden said the goal is to provide town wide coverage.
A vote was taken and the motion passed, 7-0.
The eighth item on the agenda was the Ever Vail project.
Warren Campbell, Chief Planner, stated staff requests the major subdivision and Ordinance
Nos. 7, 8 and 9, Series of 2012 be continued to the June 5, 2012, public hearing.
Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series
of 2011 to the June 5, 2012 public hearing. The motion was seconded by Kurz.
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Foley asked why this item was being tabled again. Daly said it’s because the developer
improvement agreement hasn’t been done.
A vote was taken and the motion passed, 7-0.
The ninth item on the agenda was adjournment.
As there was no further business, Foley made a motion to adjourn and the motion was
seconded by Donovan. A vote was taken and the motion passed unanimously, 7-0. The
meeting adjourned at 8:35 p.m.
Respectfully Submitted,
__________________________________
Andy Daly, Mayor
Attest:
________________________________
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, May 15, 2012
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 Andy Daly.
Members present: Andy Daly, Mayor
Kerry Donovan
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Members Absent: Kevin Foley
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
_________________________________________________________________
The first item on the agenda was the Vail Youth Recognition Awards for 2012. Scott O’Connell,
representative for the Vail Valley Exchange and the Vail Recreation District, presented the 2012
Vail Youth Recognition Awards for 2012 to Battle Mountain High School junior Meredith Steinke,
and Vail Mountain School senior, Sage Ebel. These awards were created to recognize and
award youth in Vail for their excellence in academics and as great role models for their peers.
The second item on the agenda was Citizen's Participation. Jim Lamont, representing the Vail
Homeowners Association (VHOA), said they have been watching the Ever Vail project being
continued for quite some time. They have been looking for the Ever Vail project to be
developed and are curious to get an update on where the Ever Vail process will continue. Daly
said what has delayed was the negotiation of the Developer Agreement. This should be in front
of Council within 30-45 days, then back to the approval process in July.
The third item on the agenda was a discussion regarding the water supply and drought
conditions in Eagle County by Eagle River Water and Sanitation District (ERWDS)
representatives.
Diane Johnson, Public Affairs and Communications Director for ERWSD, said they have been
notifying and educating as many people as possible on drought conditions in the area and how
to handle it. Eagle County is classified as a D2 class or severe conditions area. Overall 95% of
Colorado is in drought conditions. The lack of winter snowpack is the cause of the drought
conditions in Colorado. She reviewed the power point presentation with Council. She said the
peak run day is usually around May 2nd. This year it was two months early, March 4-8. As of
May 14, snow pack is 57% of average. Snowpack is Colorado’s primary water reservoir.
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Todd Fessenden, Director of Operations for ERWSD, noted the improvements they have done
to create more efficient use of water. He said the Vail Golf Course is a community leader in
improving their water system. He reviewed the improvements that have been done since 2002:
expansion of capacity; tank capacity; improved intake structures; identification of ground water
lost within the system due to leaks was reduced from 30% to 10%; and managing water
demand through community actions. The drought management priorities are public safety and
health (maintain fire storage and normal indoor use); aquatic health (proactively support stream
ecology); local economy (recreation and tourism); and reliability (minimize disruption of service).
He said the prevention and coordination will help increase monitoring of water use regulations.
They will work with local governments to identify and prioritize through an intergovernmental
agreement based on priority needs. ERWSD will coordinate necessary diversions, processes
and outreach education. They are working with landscapers and educating property owners.
Johnson said there has been a lot of great work done with town departments. They have been
working with Fire and Emergency services on wildfire preparedness; protection of critical
infrastructure and safety training; working with Public Works to prioritize water use in parks and
public spaces and irrigation permit processing; and landscaping requirements with the
Community Development Department. They will be focusing on outdoor usage with the
community. They are preparing people to make plans this summer when outdoor usage will be
restricted. They are educating them on how to be prepared when a notice is issued that water
will not be available for outdoor usage.
The fourth item on the agenda was the Consent Agenda, which included the April 3 and April
17, meeting minutes.
Moffet made a motion to approve the consent agenda and the motion was seconded by
Donovan. A vote was taken and the motion passed, 6-0.
The fifth item on the agenda was the Town Manager Report. There was nothing to report.
The sixth item on the agenda was Resolution No. 21, Series 2012, a resolution authorizing the
Town Manager to enter into agreement(s) between the Town of Vail and selected vendors for
the purchase and installation of financial systems for the town.
Kathleen Halloran, Budget Manager, stated staff reviewed several finance systems. The town
staff has chosen New World Systems Corporation for the financial system upgrade. She said
this system doesn’t meet all of the town’s financial system needs but meets most of them. She
requested Council approve the Town Manager to enter into an agreement with New World
Systems. Overall, staff will keep the project within budget.
Daly asked if all four systems that the town has could be done by one vendor and when staff
would implement the new system.
Halloran said one system for all the needs would be wonderful. However, there is not an
available option, especially for the sales tax component, as there are few municipalities that are
self collecting for sales tax like Vail. She said they would move forward as early as June and go
“live” in October. Zemler said one of the challenges is the possible move of the municipal
building. Halloran said the current AS 400 financial system is directly connected to the
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municipal site and cannot be accessed remotely. The new system is web based and can be
accessed from several sites.
Moffet made a motion to approve Resolution No. 21, and the motion was seconded by Tjossem.
A vote was taken and the motion passed, 6-0.
Zemler thanked staff for the tremendous number of hours expended in time, effort and research
put into this process.
The seventh item on the agenda was the Welcome Center Operations discussion.
Suzanne Silverthorn did a historical recap of how this process and discussion came about. She
said the Town of Vail (TOV) has historically provided the funding and facilities to operate visitor
centers in Vail Village and Lionshead in its role to stimulate economic vitality and prosperity for
Vail businesses. For many years, the centers were managed by a non-profit, the Vail Valley
Chamber & Tourism Bureau (VVCTB). In 2005, a subcommittee was created with
representation from town staff and Council to refine a request for proposal (RFP) process for the
future operation of the centers based on a set of singular guest service goals, with an emphasis
on equal representation of all Vail business license holders. This included elimination of a
commission fee for lodging and activities booked within the center, a policy which remains in
place today.
During the 2005 RFP process, operational bids were submitted by the VVCTB, Vail Chamber &
Business Association (VCBA) and Vail Info, Inc. The review team recommended selection of
Vail Info, Inc., to operate the centers, in part, because its independent status as a for-profit
business would align best with the town’s vision and goals in providing fairness in representing
the business community. Since then, Vail Info, Inc., has been contracted to operate the visitor
centers for two-concurrent three-year terms, plus a one-year extension to allow the town to
complete initial phases of the Guest Enhancement Initiative, including the opening of the new
Lionshead Welcome Center. The current operational contract with Vail Info, Inc., ends on
September 30, 2012. This $206,813 contract provides for 5,784 hours of annual operation
($198,290), plus new services to include scheduling and coordination of the Community Hosts
($8,523). The review team, which included Council members Kerry Donovan and Susie
Tjossem, and staff members, JP Power, Krista Miller and Suzanne Silverthorn, evaluated the
desired scope of services for future operation of the Welcome Centers which incorporates the
Guest Enhancement Initiative programming components of high-touch/high-tech. The review
team identified two operational approaches for consideration and policy direction by the Council:
1) Selection of contract operator via an RFP process. The RFP would be issued in May, 2012
with the contract to begin Oct. 1, 2012. (Note: Another alternative is to negotiate a new contract
with the existing contract operator, Vail Info. Inc.); or 2) Town-operated function overseen by a
Town of Vail guest services manager and guest services specialist with support from TOV
seasonal employees and volunteer hosts to begin Oct. 1, 2012.
After evaluating the two approaches and the pros and cons associated with each, the review
team recognizes inherent conflicts within the recently adopted Town Council Strategic Plan. On
the one hand, the Council has endorsed actions to “develop an economic development strategy
to encourage small business to remain and to locate in Vail.” Another stated goal is to “improve
the quality of the guest experience” that will set Vail apart from its competition. After thoughtful
debate and consideration, the review team believes that while both operational approaches
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would contribute to the Council’s overriding goal to improve economic vitality, a town-managed
operation for the near-term (three years) would provide the greatest benefits.
The rationale is as follows: because the Guest Service Enhancement Initiative is in its early
stages, a town-managed operation for the near-term allows the Welcome Center programming
to evolve more fully with greater opportunities for shared resources and consolidation of effort.
Currently a work in progress, the opportunity to test and refine the operations in-house before a
fixed contract is assigned would be of great benefit to the town and a future contractor. This pilot
arrangement would provide the flexibility for adjustment and adaptation on a daily basis. In
addition, after analyzing associated costs, the Review Team has determined a town-managed
operation would be comparable in cost to a contracted Welcome Center program. In this
scenario, the return on the town’s investment would be derived from value-added services
through increased coordination and integration as a result of direct day-to-day management of
the Welcome Centers. Additional efficiencies are envisioned in the future with the possibility of
enhanced guest services at Checkpoint Charlie, the ability to sell parking passes from the
Welcome Centers, and potential staffing support for management of The Grand View
community space. The town received correspondence from Bobby Bank with Vail Info., Inc., to
continue to have a three-year contract. Staff is looking for policy direction from Council.
Rogers asked if the staff has investigated if other towns manage this process in-house.
Silverthorn said they didn’t uncover any entity that operated it as the town did, most were in-
house.
Daly said he thinks the review team should solicit input and feedback from the community.
Tjossem said there were several community members involved in the Welcome Center process.
Kurz asked if the RFP would be different from 2005 with the changes and enhancements.
Silverthorne said this was an entirely different scenario from 2005. The current contract is static
and calls out specific levels of service and no ability to add new services or items. The current
RFP could help with add-ons, new programming and would adapt to have active involvement.
Tjossem said she was surprised at the number of town departments that are already involved in
this process. Silverthorn said even though the current contract is a stand alone third party
contract, there are town services provided to Info. Vail, Inc., with a significant amount of
interaction from IT, Finance, Human Resources and other town departments. She said because
some departments already have active involvement, it makes sense to bring it in house in the
short term to figure out how to fine tune the process.
Rich ten Braak, representing the Vail Chamber and Business Association (VCBA), asked if
funding for the programs existing were tied in to the business license fee. Camp said the
information contract is part of a departmental general fund budget. Daly asked if the cost would
be the same as now. Silverthorn said it would be comparable and be a salaried employee. One
of the “ah-has” in the process was the importance of hiking as an activity. The Vail Local
Marketing District Advisory Council (VLMDAC) and the Commission on Special Events (CSE)
would need to be consulted on how to staff the centers for special events coming to town and to
bring in visitors.
Ten Braak said they could reach out to their members to see how they feel about this shift. He
said he hasn’t heard any complaints. This comes down to finances and he would like to see
what is being proposed. There are a lot of components that need to be addressed. He asked if
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the goals and objectives of the community will be addressed. He offered the VCBA services to
help with this process. He doesn’t see the benefits of changing the current system.
Tjossem said there are currently many loose ends to clean up and there is no final product yet.
They need to find out who provides different components of the process and who will be
responsible for different parts of the process.
Bobby Bank, owner of Vail Info. Inc., said his staff has seen 500,000 guests and sold over $1.3
million in lodging to date. He is proud of his staff and company. He stated there is no
commission for booking lodging. Staff has tried to courteously greet every guest, meet their
every need and help benefit the community. Bank handed Council twenty-two letters of support
from community members and businesses. Daly said the letters of support will be part of the
public record. Bank said the task of promoting various entities has been easy as they don’t
have an affiliation with any one entity. He said 90% of what they do is guest interactions of
where various locations are in town. Ten percent is the bells and whistles type stuff. They have
developed a “Vail app” and are excited to see it launched. He thanked the Council for the
possible opportunity to continue to provide this service.
Donovan asked Bank to give examples of the 90% and the 10% bells and whistles. Bank said
getting last minute rooms for guests is 10% of what they do. The other 90% is to provide every
other type of service to every guest as needed. They need to keep in mind they are there to
help people get what they want. He said by 2014 most lodging will be booked on smart phones
and not on computers.
Dale Bugby, a local property management representative, said Bank came to him for support.
He said he remembered how ugly and contentious this process used to be. He said this
process is best done by an independent third party. He doesn’t want to see a small business be
put out of business. He wants Council to adopt option number three and give Bank another
three year contract.
Moffet said he and Kurz have scars about the Welcome Center process from previous years
when they were on Council. He said Bank advocates for customer service. He was
disappointed that this process was designed before great ideas were discarded. He said
customer service is not the town’s core competency. As a consequence he doesn’t feel the
town can put customer service first. He doesn’t want a municipal product there. He asked who
would be hired for three years. He said adding a new department goes against current
personnel policies. He can’t support staff recommendations. He said Council ought to have
Vail Info., Inc., for three more years, with a caveate that in another 3 years there would be a
whole new ballgame.
Rogers agrees with most of what Moffet said. However, she feels customer service within the
town is very high. She doesn’t want to lose Vail Info., Inc., by taking what he has developed
and then flounder. She said they should expand the scope of his responsibilities and ask him
what he thinks would work as he is the expert. She recommended a fourth option to have the
review team committee sit down with Bank and talk about expectations, what needs to be done
and get his input of what can be accomplished. She said the town can’t afford to disregard
ideas like the “Vail app.” She said they could greatly expand Vail Info., Inc.’s, scope of
responsibilities and see if it can work. She doesn’t feel the Council has all the information they
need to make a recommendation.
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Donovan said the review team tried to remove the current Vail Info., Inc. stuff and to approach
and see this process at the 30,000 foot level. The option Rogers recommended was not an
option that was discussed within the committee. A discussion with Bank with increased scope
of services discussion should be had with Bank. They don’t know how some of the pieces will
operate. She said the pilot program didn’t include a three-year term. She said there may be
potential unforeseen synergies to be had if this is brought in-house.
Kurz said what the town has currently is not broken and things have gone well. His sentiment is
along the lines of Moffet and there will be fifteen months of displacement of staff. He asked if
staff should be burdened by this displacement. He is not sure how, after making the
recommendation, the committee can work well with Bank and have an outcome of what is
expected. The idea is good but the execution will be difficult. No decision should be made
tonight as they need more information and feedback. He wants business and community input.
Tjossem re-emphasized that Vail is a resort town and not just a municipality. She said this
Council adopted a guest service initiative and Council and staff are passionate about it. She
said this process wasn’t about Vail Info., Inc., or Bank. This was about being neutral and to see
what structure was needed to integrate, coordinate and go in a different direction. She said
within the scope from seven years ago this is not broken, but the scope and direction needs to
change. She said staff already provides a lot of support to the welcome centers now. She
stated Silverthorn laid out a great RFP on how to proceed.
Daly said there are three alternatives on the table. The issues raised by Donovan to
communicate with guests is exciting. The complexities have yet to be understood. He suggests
extending the current contract with Vail Info., Inc., for one year and to continue to work it out,
and to have one year to continue conversations and to fine tune the process.
Zemler said he is concerned with the comment of leaving the process as is because it’s not
broken. He acknowledged that Bank does a fine job within the scope of services as is in the
contract now. The underlining themes of innovation and expansion of being better with
technology and having better customer service was the purpose of this process. He said at a
minimum he would like to use the RFP as a template. The thrust behind the RFP is to make
this operation work better and to reinvigorate the process. There needs to be better integration
and advocacy on behalf of the town’s initiative. His recommendation is to negotiate and use the
RFP as the template. Daly agreed with that recommendation. The core principal is to embrace
innovation. Bank needs to change his operations to incorporate this into his operation.
Moffet said to remember the primary purpose is customer driven. He said it was incumbent
upon the Council to take heed of what the customer is asking for, not what the town wants the
customers to want. Tjossem said the community guest service enhancement is high customer
touch, high tech and the next wave of what the customer wants. She said “Apps” are what the
customers are using. The high touch and high tech has always been the basis of all the review
team’s discussions.
Rogers said a one year contract doesn’t work. She wants to incorporate Bobby Banks into the
discussions and to consider having his company use the RFP parameters to redefine the
operations of the information centers.
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The eighth item on the agenda was Resolution No. 23, Series of 2012, a Resolution Approving
a Scope of Services and a Fee for Triumph Vail MOB, LLC for certain development
management services related to the Town of Vail municipal site redevelopment; authorizing the
Town Manager to execute a Development Management Agreement on behalf of the town for
provision of said services; and setting forth details in regard thereto.
George Ruther, Community Development Director, stated the purpose is it approve Resolution
No. 23, authorizing the Town Manager to execute a development and construction management
agreement, on behalf of the Town of Vail, for the completion of the town's portion of the parking
garage and required off site improvements. The scope of services generally described in Exhibit
A of the resolution will be formalized in the agreement. The agreement shall be drafted in a form
acceptable to the Town Attorney.
Zemler said the dilemma is to go with either the flat fee versus a seven percent (7%) fee. They
don’t know what the final cost will be.
Rogers said she could live with the 7% but if the cost is more than $4 million, the money starts
adding up. She wants to know that before the Council commits to the 7%. She said projects
expand and it could be more than $280,000. Daly said it would be up to the Council to control
the scope of the project.
Ruther said in the parking structure, the greatest risk is how many parking spaces are built in
the parking structure and how it is managed. This is the real question of why it’s a percentage
fee versus a flat fee.
Daly shares Rogers concern. They were told a fee of $280,000 was what they had agreed
upon. Ruther said this was not true. Daly said this was not what Council was lead to believe at
the work session. Tjossem asked if they can build in a “not to exceed” in the agreement.
Kurz said he agreed with Ruther that if the town does their job, he is comfortable with the 7%
fee. Tjossem is okay with 7% as well.
Moffet made a motion to approve Resolution No. 23, with a change in Article No. 2 to change
the fee to a 7% fee, and the motion was seconded by Kurz. A vote was taken and the motion
passed, 6-0.
Zemler said staff will commit to Council and to report to Council if they think it will surpass the
$4 million cost.
The ninth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the determination of the Town of Vail Planning and Environmental Commission (PEC)
that the zoning administrator correctly determined an appeal submitted by the Vail Gateway
Plaza Condominium Association on January 4, 2012, was untimely, and therefore, could not be
heard by the PEC. This determination was made in accordance with Section 12-3-3.3 of the
Zoning Regulations of the Town of Vail. The Vail Gateway Condominiums are located at 12 Vail
Road/Lot N, Block 5D, Vail Village Filing 1.
George Ruther, Community Development Director, said there was quite a bit of material in the
packet. On March 26, 2012 the Town of Vail PEC heard an appeal and voted 5-0-1 (Pierce
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recused) to uphold the determination of the zoning administrator that the appeal filed on
January 4, 2012, by the Vail Gateway Plaza Condominium Association was untimely, pursuant
to Section 12-3-3.3, Appeals, Vail Town Code. Staff recommends the Council uphold the
determinations of the zoning administrator and the Town of Vail PEC. The appeal was
submitted after the 20 day time limit of the appeal process.
TJ Vobril, representing the Vail Gateway Plaza Condominium Association (VGPCA), said the
VGPCA wants to have their project reconsidered and the appeal to go back before the PEC. He
went through the documentation submitted to Council for consideration.
Nancy Adams, a homeowner, said 18 of the 20 owners want this appeal dismissed. She said
Council should be aware the condominium association had time to process this and the court
denied the request for an injunction. She said the condominium association information was
speculation and Judge Thompson’s decision is part of the Council packet. She said the judge
found the use was consistent with the homeowner’s association documents and the town code.
He dismissed the restraining order and also found the permit was properly posted.
Mire commented for the record, that the court found the association had actual notice of the
construction permit and the contemplated use was properly noticed and available at the town for
inspection. The letter from Ruther might have been interpreted incorrectly by the association.
The code is very clear about when the decision is final. Mire said the determination was made
prior to September 21, 2011, and complied with the zoning at the time.
Vobril said he represents the homeowners association and Ms. Adams does not. He wants to
find out if the association can be heard on the determination from the PEC. Mire pointed out the
association had notice and time to have gone to the PEC prior to the deadline.
Rogers made a motion to deny the appeal and to uphold the Planning and Environmental
Commission decision, and the motion was seconded by Kurz. A vote was taken and the motion
passed, 6-0.
The tenth item on the agenda was second reading of Ordinance No. 2, Series of 2012, an
ordinance amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section
12- 3-7, Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse
(VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012,
amending Chapter VII, Vail Village Sub-Areas, East Gore Creek Sub-Area (#6), Vail Village
Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master
Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and
setting forth details in regard thereto.
Moffet said a variety of new information has been produced in the last few days. He wants
more time to prepare on the subject. He said if the town goes to 1.35 ratio, a sizeable portion of
the townhomes will lose square footage.
Moffet made a motion to table this item to the June 5th meeting. Tjossem seconded the motion
as there was an inadvertent error. If they are acting on this information, Council needs
confidence to know that the information presented is correct.
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Warren Campbell, Chief Planner, said the information in the packet is correct. Unfortunately,
there was a typographical error carried forward in the table presented. He said the data in the
tables accurately reflects the three goals of the policy. If they want to move forward tonight,
they can discuss the difference between 1.25 versus 1.35 and what that means. Daly said
Campbell said it was a typo but they had heard it was a miscalculation. Moffet said this was not
an intentional error. Campbell said there is a miscalculation on the Vail Trails Chalet and Vail
Trails East section of the table. The error would have taken the calculations on the Vail Trails
Chalet from 1.22 to 1.33 and the Vail Trails East from 1.17 to a 1.4. Those numbers fall within
the acceptable range that were exhibited to the PEC and reflect what GRFA was allowed for
those properties
John Dunn, representing one of the owners, the Bridgewater’s, stated the Bridgewater’s have
been under this uncertainty for three-and-a-half years. This is now a town initiated ordinance
and they urge the Council to adopt the ordinance without further delay.
Jim Lamont said this was a sufficiently critical issue and didn’t think this was communicated with
affected parties sufficiently. He said this is somewhat worrisome. He asked for sufficient time
to send out to affected parties in order to formulate a response back to the Council and have
public input that is informed.
Jerry Orton, representing the Vail Town House Association, supports the Council motion to
continue this item and wants Council to hear a proposal to have a broader ratio for these
condominiums to redevelop. This needs to be incentivised and will present additional nuances.
Dale Bugby, Vistar Real Estate, representing some of the owners of the condominiums, said he
supports the decision for Council to table this item. The Council needs to get more input from
the condominium owners. These were the first condominiums built in the 1960’s. They are
concerned about street parking and losing development rights. They want the parking to be their
right from the beginning. A permanent right not a revocable right; and they also want to have
the 1.50 GRFA ratio.
Chris Galvin wants this item tabled as well. He said he has been coming to Vail for 47 years
and the calculation error may impact homeowners. He wants the data to be accurate.
Dominic Mauriello asked that this item be tabled to the second meeting in June which is June
19th.
Moffet made an amendment to his motion to table to the June 19th meeting and Tjossem
seconded the motion.
Tjossem stated one thing not addressed is the diminished development rights and whether that
feels right to potentially take away owner’s development rights. That wasn’t one of the criteria
worked under.
Donovan asked if the recommendation would have changed if this error had not occurred.
Campbell said no, the errors still fell in the range based on the town’s polices and goals.
Daly said he would like communications between staff and Council when issues come up so if
Council get calls or people on the streets come up to them, they are informed on the issues.
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A vote was taken and the motion passed 4-2 with Rogers and Donovan opposed.
The eleventh item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was
seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The
meeting adjourned at 8:33 p.m.
Respectfully Submitted,
__________________________________
Andy Daly, Mayor
Attest:
________________________________
Lorelei Donaldson, Town Clerk
2 - 2 - 10
6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Town Manager Report:
Vail Bike & Hike App
PRESENTER(S): Various
6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Presentation of the 2011 audited financial statements
PRESENTER(S): Michael Jenkins, McMahan and Associates, LLC
ACTION REQUESTED OF COUNCIL: The 2011 audited financial statements are presented
for Council information; no action is requested
BACKGROUND: In accordance with section 9.11 of the Vail Town Charter, an independent
audit shall be made of all town accounts at least annually. The audit shall be conducted by
certified public accountants and copies made available for public inspection at the municipal
building. The 2011 audit was conducted by McMahan and Associates, LLC. Michael Jenkins,
C.A., CPA, and a principal of the firm will present the results of the audit to Council and the
public.
STAFF RECOMMENDATION: None - Information only
ATTACHMENTS:
2011 cover letter
2011 Financial Statements
6/5/2012
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6/5/2012
Financial Statements
December 31, 2011
4 - 2 - 1
6/5/2012
Town of Vail, Colorado
Financial Statements
December 31, 2011
Table of Contents
Page
Independent Auditor’s Report A1 - A2
Management’s Discussion and Analysis B1 – B7
Basic Financial Statements:
Government-Wide Financial Statements:
Statement of Net Assets C1
Statement of Activities C2
Fund Financial Statements:
Governmental Funds:
Balance Sheet C3
Statement of Revenues, Expenditures and Changes in Fund Balances C4
Proprietary Funds:
Statement of Net Assets C5
Statement of Revenues, Expenses and Changes in Fund Net Assets C6
Statement of Cash Flows C7
Fiduciary Funds:
Statement of Fiduciary Net Assets C8
Statement of Changes in Fiduciary Net Assets C9
Notes to the Financial Statements D1 – D32
Required Supplementary Information:
General Fund:
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget (GAAP Basis) and Actual E1- E2
Special Revenue Funds:
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget (GAAP Basis) and Actual:
Capital Projects Fund E3
Real Estate Transfer Tax Fund E4
Conference Center Fund E5
Vail Marketing Fund E6
Vail Local Marketing District E7
Vail Reinvestment Authority E8
Supplementary Information:
Debt Service Fund:
Schedule of Revenues, Expenditures and Changes in Fund Balances -
Budget (GAAP Basis) and Actual F1
Enterprise Funds:
Schedule of Revenues, Expenses and Changes in Net Assets –
Budget (GAAP Basis) and Actual -
Timber Ridge Affordable Housing Corporation F2
Schedule of Revenues, Expenses, and Changes in Net Assets –
Budget (Non-GAAP Basis) and Actual - With Reconciliation to GAAP Basis –
Dispatch Services Fund F3
Internal Service Funds:
Schedule of Revenues, Expenses, and Changes in Net Assets –
Budget (Non-GAAP Basis) and Actual - With Reconciliation to GAAP Basis –
Heavy Equipment Fund F4
Schedule of Revenues, Expenses and Changes in Net Assets –
Budget (GAAP Basis) and Actual - Health Insurance Fund F5
4 - 2 - 2
6/5/2012
Town of Vail, Colorado
Financial Statements
December 31, 2011
Table of Contents
(Continued)
Page
Supplementary Information (continued):
Internal Service Funds (continued):
Combining Statement of Net Assets F6
Combining Statement of Revenues, Expenses and Changes in Net Assets F7
Combining Statement of Cash Flows F8
Special Revenue Funds:
Schedule of Project Expenditures - Budget (GAAP Basis) and Actual:
Capital Projects Fund F9
Real Estate Transfer Tax Fund F10
Local Highway Finance Report F11 – F12
Undertaking to Provide Continuing Disclosure:
Table I – Debt Service Coverage G1
Table III – History of Town 4% Sales Tax Receipts G1
Table IV – Monthly Comparison of Collections of Sales Tax G1
Table V – Sales Tax Collections by Principal Sales Tax Generators G2
Table VI – Capital Projects Fund – 2011 Actual / Projected 2012 – 2015 G2
Table XIX – History of General Fund Revenues, Expenditures and Changes in Fund Balance G3
Table XX – General Fund – 2011 Budget and Actual Comparison / 2012 Budget G4
Table XXI – Outstanding Revenue Obligations G4
Single Audit Reports and Schedules:
Report on Internal Control over Financial Reporting and on Compliance
and Other Matters based on an Audit of Financial Statements Performed
in Accordance with Governmental Auditing Standards H1 – H2
Report on Compliance with Requirements Applicable to Each Major Program and
Internal Control over Compliance in Accordance with OMB Circular A-133 H3 – H4
Schedule of Findings and Questioned Costs H5
Schedule of Prior Audit Findings and Questioned Costs H6
Schedule of Expenditures of Federal Awards H7
4 - 2 - 3
6/5/2012
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6/5/2012
MANAGEMENT’S DISCUSSION AND ANALYSIS
4 - 2 - 6
6/5/2012
B1
Town of Vail, Colorado
Management’s Discussion and Analysis
December 31, 2011
As management of the Town of Vail, Colorado (the “Town”), we offer readers of the Town’s financial
statements this narrative overview and analysis of the financial activities of the Town for the fiscal year
ended December 31, 2011.
Overview of the Financial Statements
This discussion and analysis is intended to serve as an introduction to the Town’s basic financial
statements. The Town’s basic financial statements include three components: 1) government-wide
financial statements; 2) fund financial statements; and 3) notes to the financial statements. This report
also contains other supplementary information in addition to the basic financial statements.
Financial Highlights:
• The assets of the Town exceeded its liabilities at the close of the 2011 fiscal year by $177,874,622
(net assets). Of this amount, $205,647 is restricted for debt service, and $1,618,000 is restricted for
TABOR emergency reserves and $30,650,198 is restricted by enabling legislation.
• The Town’s total net assets increased in the 2011 fiscal year by $8,261,923 which was attributable to
an increase from governmental activities of $8,190,933 and an increase of $70,990 from business-
type activities.
• At December 31, 2011, the fund balance of the General Fund was $23,546,285. Of that amount,
$1,553,000 was restricted for TABOR emergency reserves.
Government-wide financial statements: The government-wide financial statements are designed to
provide readers with a broad overview of the Town’s finances in a manner similar to a private-sector
business.
The Statement of Net Assets presents information on the Town’s assets and liabilities, with the difference
between the two reported as net assets. Over time, increases or decreases in net assets may serve as a
useful indicator of whether the financial position of the Town is improving or deteriorating.
The Statement of Activities presents information showing how the government’s net assets changed
during the most recent fiscal year. All changes in net assets are reported as soon as the underlying event
giving rise to the change occurs, regardless of the timing of related cash flows. Thus, revenues and
expenses are reported in this statement for some items that will only result in cash flows in future fiscal
periods (e.g. uncollected grant revenues or earned but unused vacation leave.)
Both of the government-wide financial statements distinguish functions of the Town that are principally
supported by taxes and intergovernmental revenues (governmental activities) and those that are
supported by external revenues (business-type activities). The governmental activities of the Town
include general government, public safety, public works, transportation, and economic development. The
business-type activities of the Town consist of housing conducted through Timber Ridge Affordable
Housing Corporation (a component unit of the Town), and dispatch services, conducted through Vail
Public Safety Communications (an enterprise fund of the Town).
The government-wide financial statements include not only the Town itself (known as the primary
government), but also a legally separate marketing district (Vail Local Marketing District), a legally
separate urban renewal authority (Vail Reinvestment Authority), and a non-profit housing corporation
(Timber Ridge Affordable Housing Corporation) for which the Town is financially accountable. Because
these component units function for all practical purposes as departments of the Town, their financial
position and activities have been included as an integral part of the primary government.
The government-wide financial statements can be found on pages C1 and C2 of this report.
4 - 2 - 7
6/5/2012
B2
Overview of the Financial Statements (continued)
Fund Financial Statements: A fund is an accounting entity that has a set of self-balancing accounts that
records all financial transactions for specific activities or governmental functions. The Town, like other
state and local governments, uses fund accounting to ensure and demonstrate compliance with finance-
related legal requirements. The Town’s funds can be divided into three categories: governmental funds,
proprietary funds, and fiduciary funds.
Governmental Funds: Governmental funds are used to account for essentially the same functions
reported as governmental activities in the government-wide financial statements. However, unlike
government-wide financial statements, governmental fund financial statements focus on near-term inflows
and outflows of spendable resources as well as on balances of spendable resources available at the end
of the fiscal year. Such information may be useful in evaluating a government’s near-term financing
requirements.
Because the focus of governmental funds is narrower than that of the government-wide financial
statements, it is useful to compare the information presented for governmental activities in the
government-wide financial statements. By doing so, readers may better understand the long-term impact
of the governments’ near-term financing decisions. Both the governmental fund Balance Sheet and the
governmental Statement of Revenues, Expenditures and Changes in Fund Balances provide a
reconciliation to facilitate this comparison between governmental funds and governmental activities.
The Town’s governmental funds include the General Fund, Debt Service Fund, Capital Projects Fund and
three Special Revenue Funds – Real Estate Transfer Tax Fund, Vail Marketing Fund and Conference
Center Fund – as well as the Vail Local Marketing District and the Vail Reinvestment Authority, which are
component units of the Town.
The Town adopts an annual appropriated budget for all governmental funds. A budgetary comparison
statement has been provided for all funds to demonstrate compliance with the state budget statute.
The basic governmental fund financial statements can be found on pages C3 and C4 of this report.
Proprietary Funds: The Town reports two categories of proprietary funds – Internal Service and
Enterprise. The Heavy Equipment Fund and Health Insurance Fund are internal service funds, while
Timber Ridge Affordable Housing Corporation, which is a component unit and the Dispatch Services
Fund are reported as enterprise funds. As their name implies, the internal service funds provide services
to the Town’s governmental activities. Timber Ridge Affordable Housing Corporation provides affordable
rental housing to people who work in Vail and the Dispatch Services Fund provides dispatch services to
emergencies service agencies throughout Eagle County. Enterprise fund functions are presented as
business-type activities in the government-wide financial statements.
Proprietary funds provide the same type of information as the government-wide financial statements, only
in more detail.
The basic proprietary fund financial statements can be found on pages C5 through C7 of this report. The
Town also presents a budgetary comparison for its proprietary funds.
Fiduciary Funds: Fiduciary funds are used to account for resources held for the benefit of parties
outside the government. Fiduciary funds are not reflected in the government-wide financial statements
because the resources of those funds are not available to support the Town’s own programs. The
accounting used for fiduciary funds is much like that used for proprietary funds. The basic fiduciary fund
financial statements, for the Town’s pension plan, can be found on pages C8 and C9 of this report.
Notes to the Financial Statements: The notes provide additional information that is essential to a full
understanding of the data provided in the government-wide and fund financial statements. The Notes to
the Financial Statements can be found on pages D1 through D32 of this report.
4 - 2 - 8
6/5/2012
B3
Overview of the Financial Statements (continued)
Government-wide Financial Analysis: As previously mentioned, the government-wide financial
statements are designed to provide readers with a broad overview and long-term analysis of the Town’s
finances, in a manner similar to a private-sector business.
Net assets may serve over time as a useful indicator of a government’s financial position. In the case of
the Town, governmental assets exceeded liabilities by $176,679,731 at the close of the most recent fiscal
year. Approximately 52% of the Town’s net assets are invested in capital assets (land, buildings,
equipment), less related outstanding debt. Since the Town uses these capital assets to provide services
to citizens, these assets are not available for future spending, including provision of resources to repay
the debt.
The table below shows the Town’s net assets for 2011 and 2010.
Governmental Activities Business-type Activities Total
2011 2010 2011 2010 2011 2010
Current and Other
Assets
$95,859,946
99,762,195
4,823,293
4,773,278
100,683,239
104,535,473
Capital Assets
106,052,818
96,132,099
16,960,290
16,863,515
123,013,108
112,995,614
Total Assets
201,912,764
195,894,294
21,783,583
21,636,793
223,696,347
217,531,087
Long-term Liabilities
Outstanding
12,051,686
14,663,118
19,206,257
19,691,468
31,257,943
34,354,586
Other Liabilities 13,181,347 12,742,378 1,382,435 821,424 14,563,782 13,563,802
Total Liabilities
25,233,033
27,405,496
20,588,692
20,512,892
45,821,725
47,918,388
Net Assets:
Invested in capital
assets, net of
related debt
92,107,267
79,788,340
(1,779,710)
(2,326,485)
90,327,557
77,461,855
Restricted 32,473,845 1,753,282 - - 32,473,845 1,753,282
Unrestricted 52,098,619 86,947,176 2,974,601 3,450,386 55,073,220 90,397,562
Total Net Assets $176,679,731 168,488,798 1,194,891 1,123,901 177,874,622 169,612,699
The Town’s current assets from governmental activities decreased mainly due to reduced revenue
collections during 2011, specifically property tax, construction permit fees, parking revenue and federal
grants. Significant investment in capital assets also occurred during 2011 such as construction of the
new LionsHead Transit Center, LionsHead Welcome Center and energy enhancements to town facilities.
The Town’s long-term liabilities from governmental activities decreased due to principal payments on
outstanding debt. The Town’s 2002B and 2008 Sales Tax Revenue Bonds will be retired in 2012. The
Town’s 2010A and 2010B Tax Increment Bonds will be retired in 2018 and 2030, respectively.
Long-term liabilities from business activities decreased as a result of a principal payment on the
Corporation’s 2003A bonds. The Timber Ridge Affordable Housing 2003A bonds and note payable
mature in 2032. Additional information regarding the town’s long-term debt is available on pages D21 –
D28 of this report.
4 - 2 - 9
6/5/2012
B4
Overview of the Financial Statements (continued)
The chart below provides financial information from the Town’s Statement of Activities for the years 2011
and 2010.
201120102011201020112010
Revenue:
Program Revenue
Charges for services8,621,386$ 9,952,961$ 3,285,048 3,983,079 11,906,434 13,936,040
Operating grants2,532,499 2,282,534 748,042 750,440 3,280,541 3,032,974
Capital grants2,079,711 4,450,242 - - 2,079,711 4,450,242
General Revenue
Property and ownership tax8,412,204 7,329,812 - - 8,412,204 7,329,812
Sales and lodging tax23,334,080 21,468,640 - - 23,334,080 21,468,640
Other taxes9,046,093 11,404,562 - - 9,046,093 11,404,562
Interest and other revenue748,238 375,525 26,594 38,655 774,832 414,180
Total Revenue 54,774,211 57,264,276 4,059,684 4,772,174 58,833,895 62,036,450
Expenses:
General government6,535,508 6,619,693 - - 6,535,508 6,619,693
Public safety8,854,261 8,604,466 2,339,404 2,406,428 11,193,665 11,010,894
Public works and transportation20,909,029 20,235,385 - - 20,909,029 20,235,385
Culture and recreation6,579,854 5,944,942 - - 6,579,854 5,944,942
Economic development2,789,722 2,364,570 - - 2,789,722 2,364,570
Housing - - 1,649,290 1,647,885 1,649,290 1,647,885
Interest914,904 249,110 - - 914,904 249,110
Total Expenses 46,583,278 44,018,166 3,988,694 4,054,313 50,571,972 48,072,479
Increase in Net Assets 8,190,933 13,246,110 70,990 717,861 8,261,923 13,963,971
Net Assets January 1 168,488,798 155,242,688 1,123,901 406,040 169,612,699 155,648,728
Net Assets December 31 176,679,731$ 168,488,798 1,194,891 1,123,901 177,874,622 169,612,699
Town of Vail's Changes in Net Assets
Total
Governmental
Activities
Business-type
Activities
Governmental Activities: Governmental activities increased the Town’s net assets by $8,190,933. Key
elements of this increase are as follows:
• Revenue exceeded expenditures in the General Fund and Capital Projects Fund $659,593 and $1.1
million, respectively.
• Capital outlay exceeded depreciation by $9.9 million
• Long-term liabilities were reduced by $2.3 million through principal repayments.
Business-type Activities: Business-type activities are comprised of: Timber Ridge Affordable Housing
Corporation, a component unit of the Town established to provide affordable housing to people working in
Vail, and Vail Public Safety Communications Center, an enterprise fund providing dispatch services to
emergency service agencies throughout Eagle County.
4 - 2 - 10
6/5/2012
B5
Financial Analysis of the Town’s Funds
As previously mentioned, the Town uses fund accounting to ensure and demonstrate compliance with
finance-related legal requirements.
Governmental Funds: The focus of the Town’s governmental funds is to provide information on near-
term inflows, outflows, and balances of spendable resources. Such information is useful in assessing the
Town’s financing requirements. In particular, fund balance may serve as a useful measure of a
government’s net resources available for spending at the end of the fiscal year.
As of the end of the current fiscal year, the Town’s governmental funds reported combined ending fund
balances of $81,674,298 a decrease of $3,954,792 from the prior year’s ending fund balances. The
following details ending fund balances for the past five years:
Fund 2007 2008 2009 2010 2011
General Fund $ 19,834,717 $ 23,002,886 $ 23,423,417 $ 22,886,692 $ 23,546,285
Capital Projects Fund 12,109,128 10,906,870 13,153,206 19,279,317 20,358,739
Real Estate Transfer Tax 11,769,273 17,288,266 14,216,947 17,681,155 17,285,604
Conference Center Fund 9,046,283 9,264,476 9,324,654 9,365,004 8,915,791
Vail Marketing Fund 62,619 83,635 106,359 138,171 156,543
Vail Local Marketing District 1,006,736 1,026,588 572,930 855,364 1,061,697
Debt Service Fund 252,710 174,334 189,428 194,282 205,647
Vail Reinvestment Authority 314,105 1,333,551 2,637,172 15,229,105 10,143,992
Total $ 54,395,571 $ 63,080,606 $ 63,624,113 $ 85,629,090 $ 81,674,298
The General Fund balance grew steadily until 2010, when reserves were used to cash-fund construction
of a new West Vail Fire Station. Sales tax collections in 2011 matched the previous record in 2008. This,
along with continued conservative spending contributed to an increase in fund balance this year. The
Capital Projects Fund and RETT Fund normally fluctuate as funds are spent on major projects and due to
less revenue collections during recent economic challenges. RETT continues to have volatile revenue
streams based on the timing of real estate sales from major redevelopment projects which have now
been completed. The Capital Projects Fund benefited from increased sales tax during 2011, as well as
federal grant funding.
The Conference Center Fund was created in 2003 to administer the sales and public accommodations
taxes that went into effect on January 1, 2003 for the purpose of building and operating a conference
center in the Town. However, the conference center taxes were rescinded as of January 1, 2006 with
additional growth in the fund balance due entirely to earnings on investments. In November, 2011 voters
approved use of these funds for improvements to Vail’s recreational and cultural facilities.
The Vail Reinvestment Authority (VRA) was added in 2004 to administer an urban renewal authority
established in the LionsHead area of the town. The incremental property taxes generate an average of
$2.5 million per year, providing a funding mechanism for capital improvements within the district by
covering debt service payments for $11.9 million in bonds issued in 2010. The bonds will fund several
projects including a new transit and welcome center, a remodel of the Vail Library and improvements to
both the east and west portals into LionsHead Village. As of December 31, 2011, the transit and
welcome centers were nearly complete, with the other projects underway. The bonds are scheduled to
be paid off by 2030, when the district will expire.
4 - 2 - 11
6/5/2012
B6
Financial Analysis of the Town’s Funds (continued)
Proprietary Funds: The Town’s proprietary funds provide the same type of information found in the
government-wide financial statements, but in more detail.
Unrestricted net assets for the Heavy Equipment Fund and the Dispatch Services Fund at the end of the
year were $2,213,052 and $1,097,230, respectively. The Health Insurance Fund net assets were
$954,387, all of which are restricted for the Town’s self-funded health insurance program.
Budget Variances in the General Fund: General Fund revenue was higher than the amended budget
by $323,788 or 1.1%, including: Ski Area Lift Ticket Admissions Tax up $336,125; Total Permits and
Licenses $96,766; and County Sales Tax up $90,924. These revenue items helped to offset a decrease
in Parking revenue of $387,560. Expenditures were below budget by $1,577,273 or 5.3%. The majority
of the favorable spending variance was primarily due to expense savings in all departments, but also
attributable to conservative budgeting.
Capital Assets: The Town’s government-wide capital assets, net of accumulated depreciation,
increased $9,920,719. Capital additions included the completion of a new fire station at West Vail and a
new transit center in LionsHead, a new welcome center at the LionsHead parking structure, replacement
of buses, energy enhancements in several town facilities, new bike lanes on frontage roads and various
other projects. Additional information as well as a detailed classification of the Town’s net capital assets
can be found in the Notes to the Financial Statements in footnote IV.C of this report.
Long-term Debt: As of the end of the current fiscal year, the Town had $2,195,000 in sales tax revenue
bonds outstanding, the full amount of bond principal due within one year. The Vail Reinvestment
Authority had $11,690,000 of tax increment bonds outstanding, of which $445,000 of bond principal is
due within one year. Debt related to Timber Ridge Affordable Housing Corporation totaled $17,740,000
of which $475,000 is due within one year. Additional information regarding the Town’s debt can be found
in the Notes to the Financial Statements in footnote IV.F of this report.
Sales Tax: During 2011, the Town had a 4% general sales tax to support governmental operations,
including capital expenditures. The following chart shows changes in the general sales tax for the past
five years.
4 - 2 - 12
6/5/2012
B7
Next Year’s Budget and Rates: The Town’s General Fund balance at the end of the current fiscal year
was $23,546,285 representing 77% of annual revenue. The town anticipates using $1,076,846 of this
fund balance during 2012, mainly to fund one-time special events such as the 2015 World Alpine Ski
Championships and Vail’s 50th Anniversary Celebration.
Request for information
This financial report is designed to provide a general overview of the Town’s finances for all those with an
interest in the government’s finances. Questions concerning any of the information provided in this report
should be addressed to the Town of Vail, Finance Director, 75 S. Frontage Road, Vail, CO 81657.
4 - 2 - 13
6/5/2012
GOVERNMENT-WIDE FINANCIAL STATEMENTS
4 - 2 - 14
6/5/2012
Town of Vail, Colorado
Statement of Net Assets
December 31, 2011
Governmental Business-type
Activities Activities Total
Assets:
Equity in pooled cash and investments70,671,267 1,717,753 72,389,020
Unrestricted cash and investments5,572,253 1,606,583 7,178,836
Cash - restricted 6,578,764 1,083,428 7,662,192
Receivables (net of allowance for uncollectible accounts):
Property taxes assessed 4,057,451 - 4,057,451
Other taxes 1,334,827 - 1,334,827
Other governments 313,746 - 313,746
Employees 280 - 280
Other 4,097,743 5,119 4,102,862
Inventory 285,702 - 285,702
Prepaid expenses 94,996 15,948 110,944
Interest receivable 210,468 - 210,468
Loans receivable:
Collectible within one year 10,000 - 10,000
Collectible in more than one year2,366,068 - 2,366,068
Bond issue costs, net of accumulated amortization255,557 394,462 650,019
Deferred debt refunding costs 10,824 - 10,824
Property, plant, and equipment, net of accumulated
depreciation 106,052,818 16,960,290 123,013,108
Total Assets 201,912,764 21,783,583 223,696,347
Liabilities:
Accounts payable 3,024,016 531,954 3,555,970
Due to other governments 9,858 - 9,858
Retainage payable 881,703 - 881,703
Accrued salaries and wages 893,884 64,484 958,368
Interest payable 58,004 213,934 271,938
Deferred property taxes 4,057,451 - 4,057,451
Other deferred revenue 637,386 1,238 638,624
Deposits payable 369,879 68,320 438,199
Debt issuance premium 71,375 - 71,375
Compensated absences:
Due within one year 537,791 27,505 565,296
Due in more than one year 806,686 41,257 847,943
Bonds payable:
Due within one year 2,640,000 475,000 3,115,000
Due in more than one year11,245,000 17,265,000 28,510,000
Notes payable - 1,900,000 1,900,000
Total Liabilities 25,233,033 20,588,692 45,821,725
Net Assets:
Invested in capital assets, net of related debt92,107,267 (1,779,710) 90,327,557
Restricted for:
Debt service 205,647 - 205,647
Emergencies 1,618,000 - 1,618,000
Other purposes 30,650,198 - 30,650,198
Unrestricted:52,098,619 2,974,601 55,073,220
Total Net Assets 176,679,731 1,194,891 177,874,622
The accompanying notes are an integral part of these financial statements.
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Town of Vail, Colorado
Statement of Activies
For the Year Ended December 31, 2011
Net (Expense) Revenue and
Program Revenues Changes in Net Assets
OperatingCapital
Charges forGrants andGrants andGovernmentalBusiness-type
ExpensesServicesContributionsContributionsActivitiesActivitiesTotal
Governmental Activities:
General Government:6,535,508 3,556,852 - - (2,978,656) (2,978,656)
Public Safety8,854,261 428,310 229,372 - (8,196,579) (8,196,579)
Public Works & Transportation20,909,029 4,158,700 2,098,898 1,473,667 (13,177,764) (13,177,764)
Culture & Recreation6,579,854 145,420 204,229 411,879 (5,818,327) (5,818,327)
Economic Development2,789,722 332,104 - 194,165 (2,263,452) (2,263,452)
Interest on long-term debt914,904 - - - (914,904) (914,904)
Total Governmental Activities:46,583,278 8,621,386 2,532,499 2,079,711 (33,349,682) (33,349,682)
Business-type Activities:
Dispatch services2,339,404 1,752,753 748,042 - 161,391 161,391
Housing (Timber Ridge)1,649,290 1,532,295 - - (116,995) (116,995)
Total Business-type Activities:3,988,694 3,285,048 748,042 - 44,396 44,396
Total 50,571,972 11,906,434 3,280,541 2,079,711 (33,349,682) 44,396 (33,305,286)
General Revenues:
Taxes:
Sales and use taxes21,188,092 - 21,188,092
Real estate transfer taxes4,403,706 - 4,403,706
Lodging taxes 2,145,988 - 2,145,988
Property and specific ownership taxes8,412,204 - 8,412,204
Ski area lift ticket admissions tax3,529,125 - 3,529,125
Franchise taxes 1,039,185 - 1,039,185
Cigarette taxes 74,077 - 74,077
Investment earnings 594,879 16,997 611,876
Gain (loss) on sale of capital assets(384,705) - (384,705)
Miscellaneous 538,064 9,597 547,661
Total General Revenues and Transfers 41,540,615 26,594 41,567,209
Change in Net Assets 8,190,933 70,990 8,261,923
Net Assets - January 1 168,488,798 1,123,901 169,612,699
Net Assets - December 31 176,679,731 1,194,891 177,874,622
The accompanying notes are an integral part of these financial statements.
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FUND FINANCIAL STATEMENTS
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6/5/2012
CapitalReal EstateConferenceVailVail LocalVailDebt Total
GeneralProjectsTransfer TaxCenterMarketingMarketing ReinvestmentServiceGovernmental
FundFundFundFundFundDistrictAuthorityFundFunds
Assets:
Equity in pooled cash and investments23,646,607 17,239,257 17,508,157 8,915,791 156,543 - - 205,647 67,672,002
Cash and cash equivalents - Unrestricted10,160 - - - - 757,114 4,804,979 5,572,253
Cash and cash equivalents - Restricted- - - - - - 5,968,742 - 5,968,742
Receivables, net of allowance for uncollectible
accounts:
Property taxes assessed4,057,451 - - - - - - - 4,057,451
Other taxes 750,366 - 180,638 - - 403,823 - - 1,334,827
Other governments 105,049 47,494 161,203 - - - - - 313,746
Employees 280 - - - - - - - 280
Other 374,008 3,477,040 16,762 - - - - - 3,867,810
Due from other funds - 625,196 - - - - - - 625,196
Loans receivable 466,068 1,910,000 - - - - - - 2,376,068
Prepaid expenses 1,619 93,377 - - - - - - 94,996
Total Assets 29,411,608 23,392,364 17,866,760 8,915,791 156,543 1,160,937 10,773,721 205,647 91,883,371
Liabilities and Fund Equity:
Liabilities:
Accounts payable 412,948 1,730,829 532,364 - - 99,240 - - 2,775,381
Due to other governments5,325 - - - - - 4,533 - 9,858
Due to other funds - - - - - - 625,196 - 625,196
Retainage payable - 856,764 24,939 - - - - - 881,703
Accrued payroll and related liabilities825,579 2,787 23,854 - - - - - 852,220
Deferred revenue 194,141 443,245 - - - - - - 637,386
Deferred property taxes not
collectible until subsequent year4,057,451 - - - - - - - 4,057,451
Deposits payable 369,879 - - - - - - - 369,879
Total Liabilities 5,865,323 3,033,625 581,157 - - 99,240 629,729 - 10,209,074
Fund Balances:
Non-spendable 467,687 2,003,377 - - - - - - 2,471,064
Restricted 1,670,010 - 17,285,604 8,915,791 156,543 65,000 4,175,250 205,647 32,473,845
Committed 7,859,980 14,263,034 - - - 996,697 - - 23,119,712
Assigned - 4,092,328 - - - - 5,968,742 - 10,061,070
Unassigned 13,548,607 - - - - - - - 13,548,607
Total Fund Balances 23,546,285 20,358,739 17,285,604 8,915,791 156,543 1,061,697 10,143,992 205,647 81,674,298
Total Liabilities and Fund Balances 29,411,608 23,392,364 17,866,760 8,915,791 156,543 1,160,937 10,773,721 205,647
Amounts reported for governmental activities in the Statement
of Net Assets are different because:
Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds.102,615,556
Other long-term assets and deferred charges are not available for current period expenditures and, therefore, are not reported in the funds.1,086,871
Internal service funds are used by management to charge the costs of heavy equipment and health insurance to individual funds.
The assets and liabilities of the internal service funds are included in governmental activities in the Statement of Net Assets.6,604,701
Long-term liabilities, including bonds payable, interest payable, and compensated absences within governmental activities are not due and payable
in the current period and, therefore, are not reported in the funds.(15,301,696)
Net Assets of Governmental Activities 176,679,731
Town of Vail, Colorado
Balance Sheet
Governmental Funds
December 31, 2011
The accompanying notes are an integral part of these financial statements.
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CapitalReal EstateConferenceVailVail LocalVailDebt Total
GeneralProjectsTransfer TaxCenterMarketingMarketingReinvestmentServiceGovernmental
FundFundFundFundFundDistrictAuthorityFundFunds
Revenues:
Taxes 20,493,034 9,677,254 4,403,706 - - 2,145,988 3,366,594 - 40,086,576
Permits and licenses1,136,966 - - - 332,104 - - - 1,469,070
Intergovernmental revenue2,066,191 1,205,465 184,029 - - - - - 3,455,685
Charges for services6,147,729 205,193 136,508 - - - - - 6,489,430
Investment income189,591 111,166 126,562 65,787 1,874 857 35,873 12,973 544,683
Interest Subsidy - - - - - - 194,165 - 194,165
Miscellaneous 477,102 1,264,862 429,255 - - - - - 2,171,219
Total Revenues 30,510,613 12,463,940 5,280,060 65,787 333,978 2,146,845 3,596,633 12,973 54,410,829
Expenditures:
General government6,001,080 - - - - - - 500 6,001,580
Public safety 7,898,115 - 92,067 - - - - - 7,990,182
Public works and transportation11,362,070 18,127,736 4,360,230 - - - - - 33,850,036
Culture and recreation2,743,955 - 1,705,350 - - - - - 4,449,305
Economic development- - - - 315,606 1,940,512 629,875 - 2,885,993
Debt service:
Principal - - - - - - 250,000 2,115,000 2,365,000
Interest - - - - - - 676,675 165,682 842,357
Total Expenditures 28,005,220 18,127,736 6,157,647 - 315,606 1,940,512 1,556,550 2,281,182 58,384,453
Excess (Deficiency) of Revenues
Over Expenditures 2,505,393 (5,663,796) (877,587) 65,787 18,372 206,333 2,040,083 (2,268,209) (3,973,624)
Other Financing Sources (Uses):
Sale of assets - 18,832 - - - - - - 18,832
Transfers in - 9,003,960 515,000 - - - - 2,279,574 11,798,534
Transfers (out)(1,845,800) (2,279,574) (32,964) (515,000) - - (7,125,196) - (11,798,534)
Total Other Financing Sources (Uses)(1,845,800) 6,743,218 482,036 (515,000) - - (7,125,196) 2,279,574 18,832
Net Change in Fund Balances 659,593 1,079,422 (395,552) (449,213) 18,372 206,333 (5,085,113) 11,365 (3,954,792)
Fund Balances - January 1 22,886,692 19,279,317 17,681,155 9,365,004 138,171 855,364 15,229,105 194,282 85,629,090
Fund Balances - December 31 23,546,285 20,358,739 17,285,604 8,915,791 156,543 1,061,697 10,143,992 205,647 81,674,298
Net Change in Fund Balances of Governmental Funds (3,954,792)
Amounts reported for governmental activities in the Statement of Activities are different because:
Governmental funds report capital outlays as expenditures. However, in the Statement of Activities, the cost of those assets is allocated
over their estimated useful lives as depreciation expense. This is the amount by which capital outlay exceeded depreciation expense,
net of disposals for the year.9,918,676
Internal service funds are used by management to charge the cost of heavy equipment and health insurance to
individual funds. This is the amount of internal service fund change in net assets for the year.(127,596)
Repayment of bond and lease principal are expenditures in the governmental funds, but the repayment reduces long-term liabilities in the
Statement of Net Assets. This is the amount of principal repayments.2,365,000
Revenues in the Statement of Activities that do not provide current financial resources are not reported as revenues in the funds.95,951
Some expenses reported in the Statement of Activities do not require the use of current financial resources and, therefore, are not reported
as expenditures in governmental funds. (106,306)
Change in Net Assets of Governmental Activities 8,190,933
Town of Vail, Colorado
Statement of Revenues, Expenditures Changes in Fund Balances
Governmental Funds
For the Year Ended December 31, 2011
The accompanying notes are in integral part of these financial statements.
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Enterprise Fund -Enterprise Fund -Governmental
Timber Ridge Dispatch Activities -
Affordable Housing Services Internal
Corporation Fund TOTAL Service Funds
Assets:
Current Assets:
Equity in pooled cash and investments - 1,717,753 1,717,753 2,999,265
Cash and cash equivalents - Unrestricted1,606,583 - 1,606,583 -
Accounts receivable , net of allowance for uncollectibles4,757 362 5,119 229,933
Inventory - - - 285,702
Prepaid expenses 15,948 - 15,948 -
Total Current Assets 1,627,288 1,718,115 3,345,403 3,514,900
Non-current Assets:
Cash and cash equivalents - Restricted1,083,428 - 1,083,428 -
Bond issue costs, net of accumulated amortization 394,462 - 394,462 -
Property, plant, and equipment, net of accumulated
depreciation 15,680,484 1,279,806 16,960,290 3,437,262
Total Non-current Assets 17,158,374 1,279,806 18,438,180 3,437,262
Total Assets 18,785,662 2,997,921 21,783,583 6,952,162
Liabilities:
Current Liabilities:
Accounts payable 44,314 487,640 531,954 248,635
Tenant security deposits 68,320 - 68,320 -
Deferred revenue 1,238 - 1,238 -
Accrued interest payable 213,934 - 213,934 -
Accrued salaries and wages - 64,484 64,484 41,664
Current portion of bonds payable475,000 - 475,000 -
Current portion of compensated absences- 27,505 27,505 22,864
Total Current Liabilities 802,806 579,629 1,382,435 313,163
Non-current Liabilities:
Bonds payable, net of current portion17,265,000 - 17,265,000 -
Notes payable 1,900,000 - 1,900,000 -
Compensated absences, net of current portion- 41,257 41,257 34,298
Total Non-current Liabilities 19,165,000 41,257 19,206,257 34,298
Total Liabilities 19,967,806 620,886 20,588,692 347,461
Net Assets (Deficit):
Invested in capital assets, net of related debt(3,059,516) 1,279,806 (1,779,710) 3,437,262
Unrestricted 1,877,371 1,097,230 2,974,601 3,167,439
Total Net Assets (Deficit)(1,182,145) 2,377,036 1,194,891 6,604,701
Town of Vail, Colorado
Proprietary Funds
Statement of Net Assets
December 31, 2011
Business-type Activities
The accompanying notes are an integral part of these financial statements.
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Enterprise Fund -Enterprise Fund -Governmental
Timber Ridge Dispatch Activities -
Affordable Housing Services Internal
Corporation Fund TOTAL Service Funds
Operating Revenues:
Charges for services - Internal - 537,827 537,827 5,403,915
Charges for services - External - 1,214,926 1,214,926 408,081
Rent 1,520,426 - 1,520,426 -
Laundry room lease 11,869 - 11,869 -
Insurance reimbursements - - - 624,437
Other 9,508 89 9,597 39,765
Total Operating Revenues 1,541,803 1,752,842 3,294,645 6,476,198
Operating Expenses:
Operations 759,692 2,123,490 2,883,182 2,381,418
Health claims and premiums - - - 3,742,665
Depreciation 519,974 215,914 735,888 602,354
Total Operating Expenses 1,279,666 2,339,404 3,619,070 6,726,437
Operating Income (Loss)262,137 (586,562) (324,425) (250,239)
Non-Operating Revenues (Expenses):
Intergovernmental revenues - 748,042 748,042 -
Gain (loss) on disposal of assets - - - 100,946
Investment income 7,106 9,891 16,997 21,697
Interest expense (70,573) - (70,573) -
Financing fees (262,459) - (262,459) -
Amortization of bond issue costs (36,592) - (36,592) -
Total Non-Operating Revenues (Expenses)(362,518)757,933395,415122,643
Change in Net Assets (100,381) 171,371 70,990 (127,596)
Net Assets (Deficit) - January 1 (1,081,764) 2,205,6651,123,901 6,732,297
Net Assets (Deficit) - December 31 (1,182,145) 2,377,036 1,194,891 6,604,701
Town of Vail, Colorado
Proprietary Funds
Statement of Revenues, Expenses and Changes in Fund Net Assets
For the Year Ended December 31, 2011
Business-type Activities
The accompanying notes are an integral part of these financial statements.
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Enterprise Fund -Enterprise Fund -Governmental
Timber RidgeDispatch Activities -
Affordable HousingServices Internal
CorporationFundTOTALService Funds
Cash Flows From Operating Activities:
Cash received from other funds - 537,827 537,827 5,403,915
Cash received from tenants for rent 1,531,662 - 1,531,662 -
Cash received from (refunded to) tenants for security deposits, net54,328 - 54,328 -
Other cash receipts 19,212 1,215,015 1,234,227 993,688
Cash paid for goods and services (764,306) (431,377) (1,195,683) (5,348,579)
Cash paid to employees - (1,711,623) (1,711,623) (957,069)
Net Cash Provided (Used) by Operating Activities 840,896 (390,158) 450,738 91,955
Cash Flows From Non-Capital Financing Activities:
Cash received from operating grants - 748,042 748,042 -
Net Cash Provided by Non-Capital Financing Activities - 748,042 748,042 -
Cash Flows From Capital and Related Financing Activities:
Cash received from sale of fixed assets - - - 106,494
Principal repaid on bonds and notes (450,000) - (450,000) -
Cash drawn on line of credit 42,884 - 42,884 -
Repayments of amounts drawn on line of credit (42,884) - (42,884) -
Interest paid (42,884) - (42,884) -
Financing fees paid (262,233) - (262,233) -
Bond Issuance costs paid (3,500) - (3,500) -
Acquisition and construction of capital assets (95,822) (256,520) (352,342) (609,946)
Net Cash (Used) by Capital and Related Financing Activities (854,439) (256,520) (1,110,959) (503,452)
Cash Flows From Investing Activities:
Interest on investments 7,106 9,891 16,997 21,697
Net Cash Provided by Investing Activities 7,106 9,891 16,997 21,697
Net Increase (Decrease) in Cash and Cash Equivalents (6,437) 111,255 104,818 (389,800)
Cash and Cash Equivalents - Beginning 2,696,448 1,606,498 4,302,946 3,389,065
Cash and Cash Equivalents - Ending 2,690,011 1,717,753 4,407,764 2,999,265
Cash and Cash Equivalents - End of Period is Comprised of:
Equity in pooled cash and investments - 1,717,753 1,717,753 2,999,265
Cash and cash equivalents - Unrestricted 1,606,583 - 1,606,583 -
Cash and cash equivalents - Restricted 1,083,428 - 1,083,428 -
Total - Cash and Cash Equivalents 2,690,011 1,717,753 4,407,764 2,999,265
Reconciliation of Operating (Loss) to Net Cash
Provided by Operating Activities:
Operating Income/(Loss)262,137 (586,562) (324,425) (250,239)
Adjustments:
Depreciation 519,974 215,914 735,888 602,354
(Increase) decrease in accounts receivable 9,051 12,393 21,444 (78,594)
(Increase) decrease in inventory - - - 26,315
(Increase) decrease in prepaid expenses 40 - 40 -
Increase (decrease) in accounts payable (4,654) (8,731) (13,385) (212,895)
Increase (decrease) in other liabilities 54,348 - 54,348 -
Increase (decreases) in accrued wages and benefits - (23,172) (23,172) 5,014
Total Adjustments 578,759 196,404 775,163 342,194
Net Cash Provided (Used) by Operating Activities 840,896 (390,158) 450,738 91,955
Town of Vail, Colorado
Proprietary Funds
Statement of Cash Flows
For the Year Ended December 31, 2011
Business-type Activities
The accompanying notes are an integral part of these financial statements.
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Deferred
Pension Compensation
Trust Plan
Assets:
Cash and investments - Restricted42,268,165 8,674,592
Loans to participants460,573 -
Total Assets 42,728,738 8,674,592
Net Assets:
Held in trust for pension benefits and
other purposes 42,728,738 8,674,592
Total Net Assets 42,728,738 8,674,592
Town of Vail, Colorado
Fiduciary Funds
Statement of Fiduciary Net Assets
December 31, 2011
The accompanying notes are an integral part of these financial statements.
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Deferred
Pension Compensation
Trust Plan
Additions:
Contributions 2,891,855 816,620
Investment Income / (Loss)(230,287) (43,941)
Total Additions 2,661,568 772,679
Deductions:
Professional fees 75,481 60
Benefits paid 2,437,620 368,102
Total Deductions 2,513,101 368,162
Change in Net Assets 148,467 404,517
Net Assets - January 1 42,580,271 8,270,075
Net Assets - December 31 42,728,738 8,674,592
Town of Vail, Colorado
Fiduciary Funds
Statement of Changes in Fiduciary Net Assets
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements
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NOTES TO THE FINANCIAL STATEMENTS
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
D1
I. Summary of Significant Accounting Policies
The Town of Vail, Colorado (the “Town”) was incorporated in 1972, under the provisions of Article
XX of the Colorado Constitution and Municipal Home Rule Act of 1971. The Town operates
under a Council-Manager form of government. The Town’s major operations include public
safety, public works and transportation, culture and recreation, economic development,
administration (general government), and housing.
The Town’s financial statements are prepared in accordance with generally accepted accounting
principles (“GAAP”). The Governmental Accounting Standards Board (“GASB”) is responsible for
establishing GAAP for state and local governments through its pronouncements (Statements and
Interpretations). Governments are also required to follow the pronouncements of the Financial
Accounting Standards Board (“FASB”) issued through November 30, 1989, when applicable, that
do not conflict with or contradict GASB pronouncements. The more significant accounting
policies established by GAAP used by the Town are discussed below.
A. Reporting Entity
The reporting entity consists of (a) the primary government; i.e., the Town, and (b)
organizations for which the Town is financially accountable. The Town is considered
financially accountable for legally separate organizations if it is able to appoint a voting
majority of an organization's governing body and is either able to impose its will on that
organization or there is a potential for the organization to provide specific financial
benefits to, or to impose specific financial burdens on, the Town. Consideration is also
given to other organizations which are fiscally dependent; i.e., unable to adopt a budget,
levy taxes, or issue debt without approval by the Town. Organizations for which the
nature and significance of their relationship with the Town are such that exclusion would
cause the reporting entity's financial statements to be misleading or incomplete are also
included in the reporting entity.
The accompanying financial statements present the primary government and its
component units; entities for which the government is considered to be financially
accountable. Blended component units, although legally separate entities, are, in
substance, part of the Town’s operations. There are three blended component units
reported in the Town’s financial statements: Vail Local Marketing District (the “District”),
Timber Ridge Affordable Housing Corporation (the “Corporation”) and Vail Reinvestment
Authority (the “Authority”). The financial statements of theses entities can be obtained
from the Town’s administrative offices. A fourth blended component unit, the Town of
Vail General Improvement District No. 1, is a dormant entity and, therefore, has no
financial statements to report.
1. Vail Local Marketing District
The District was authorized on November 2, 1999 by a general election that
established a 1.4% tax on lodging within the Town’s boundaries, beginning
January 1, 2000. Proceeds from the tax are to be used for organization,
management, promotion, and marketing of public events, for business
recruitment, and for tourism promotion. Town Council members also act as the
District’s Board of Directors. The District is reported as a special revenue fund.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D2
I. Summary of Significant Accounting Policies (continued)
A. Reporting Entity (continued)
2. Timber Ridge Affordable Housing Corporation
The Corporation was incorporated on July 9, 2003 as a Colorado non-profit
corporation to provide affordable housing for persons employed in the Town or
Eagle County, Colorado. The Corporation owns and operates, exclusively on behalf
of and for the benefit of the Town, a 198-unit rental housing project (the “Project”)
located in the Town.
The formation of the Corporation was approved by the Town, and its operations are
governed by a Board of Directors comprised, as of March 2005, of members of the
Town’s management team. Previously, the Board was comprised solely of
members of the Town Council. Upon dissolution of the Corporation and retirement
of all liabilities, all property of the Corporation is to be transferred to the Town. The
acquisition of the Project was financed through the issuance of revenue bonds and a
note payable to the Town. While the Town is not legally obligated to pay the
indebtedness of the Corporation, the Town has agreed to consider providing funds,
if needed, to the Corporation to make the scheduled debt service payments of the
Corporation. The Town has a right to obtain title to the Project at any time by
defeasing all outstanding bonds of the Corporation. The Corporation is reported as
an enterprise fund.
The Corporation’s total expenses exceeded revenues by $100,381 for 2011. This
adds to the Corporation’s $1,081,764 deficit net assets balance through December
31, 2010. The net asset deficit totals $1,182,145 as of December 31, 2011. Since
the inception of operations, the Corporation incurred mold remediation costs totaling
$1,417,292, of which the majority of expenses were incurred prior to 2007. As of
January 2007, all 198 units at the Project had been renovated.
In addition to limitations on the Corporation’s revenue base, the Corporation has
substantial long-term debt obligations. As detailed in Note IV.G.1., a significant
portion of the Corporation’s bonds currently bears a variable weekly interest rate.
Short-term interest rates have fluctuated since the issuance of these bonds. The
Corporation’s Rate Protection Agreement outlined in Note V. F. below, has limited
the Corporation’s effective interest rate on the 2003A Bonds to 5.5% per annum.
While short-term interest rates have stabilized below the current rate cap threshold,
any significant increase in rates could have an adverse impact on the Corporation’s
cash flow.
At the time of purchase, the Town advanced the Corporation $1,000,000 of the
purchase price of the property. During 2005 and 2006, the Corporation was
advanced $700,000 and $200,000 respectively, by the Town. This additional
funding helped improve the Corporation’s year-end liquidity position. There have
been no additional advances from the Town.
In 2007, the Board commissioned an engineering study and began a capital
maintenance and replacement program using over $500,000 from the Replacement
Reserve Fund for major improvements to the property.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D3
I. Summary of Significant Accounting Policies (continued)
A. Reporting Entity (continued)
3. Vail Reinvestment Authority
The Authority was created on November 4, 2003 pursuant to the Colorado Urban
Renewal Law (C.R.S. 31-25-1) to oversee development and redevelopment of
identified blighted areas within the Town. The Town Council approved the formation
of the Authority at a public hearing, and filed applicable certification of compliance
with the Division of Local Government. Its operations are governed by a Board of
Commissioners comprised solely of members of the Town Council. The Authority is
reported as a special revenue fund.
4. Town of Vail General Improvement District No. 1
On October 3, 2006, the Town Council accepted a petition requesting formation of
the Town of Vail Public Improvement District No. 1. The District is a public, or quasi-
municipal subdivision of the state of Colorado and a body corporate with the powers
set forth in Part 6, Article 25, Title 31 of the Colorado Revised Statutes. The Town
Council is the ex officio Board of Directors of the District. Services provided by the
District include (a) programming, regulating, and generally administering public
functions to be conducted on the public plaza which will be constructed as part of
the Solaris redevelopment project and (b) maintaining the plaza to the extent that
the Solaris Metropolitan District fails to do so.
At a special election on November 7, 2006, the eligible electors of the District
authorized imposition of a mill levy of not more than fifteen mills in any year for the
purpose of funding the administration, operation, and maintenance of the District’s
facilities should the Solaris Metropolitan District fail to do so.
As of December 31, 2011, the District had not begun operations or imposed a mill
levy, resulting in no financial statements to be reported.
B. Government-wide and Fund Financial Statements
The Town’s basic financial statements include both government-wide (reporting the Town as
a whole) and fund financial statements (reporting the Town’s major funds). Government-
wide financial statements report on information of all of the non-fiduciary activities of the
Town and its component units. Both the government-wide and fund financial statements
categorize primary activities as either governmental or business-type. The Town’s public
safety, public works and transportation, culture and recreation, economic development, and
administration functions are classified as governmental activities. The Corporation and
emergency dispatch services of the Town are classified as business-type activities.
The government-wide Statement of Activities reports both the gross and net cost of each of
the Town’s governmental functions and business-type activities. The governmental
functions are also supported by general government revenues (sales taxes, property and
specific ownership taxes, investment earnings, etc.). The Statement of Activities reduces
gross expenses (including depreciation) by related program revenues, operating and capital
grants.
Program revenues must be directly associated with the governmental function or a business-
type activity. Operating grants include operating-specific and discretionary (either operating
or capital) grants while the capital grants column reflects capital-specific grants.
4 - 2 - 28
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D4
I. Summary of Significant Accounting Policies (continued)
B. Government-wide and Fund Financial Statements (continued)
The government-wide focus is on the sustainability of the Town as an entity and the change
in the Town’s net assets resulting from the current year’s activities.
C. Fund Financial Statements
The financial transactions of the Town are reported in individual funds in the fund financial
statements. Each fund is accounted for by providing a separate set of self-balancing
accounts that comprises its assets, liabilities, fund equity, revenues and
expenditures/expenses.
The fund focus is on current available resources and budget compliance.
The Town reports the following major governmental funds:
The General Fund is the Town’s primary operating fund. It accounts for all financial
resources of the Town, except those required to be accounted for in another fund.
Resources restricted within this fund relate to TABOR reserve requirements (see
Note III.E) and Police Confiscation funds.
The Capital Projects Fund accounts for and reports financial resources that are
restricted by outside parties (i.e., a portion of the Town’s sales tax as well as
restricted intergovernmental grants and awards received) as well as amounts
committed by Council for expenditures of capital outlay, including the acquisition or
construction of capital facilities and other capital assets. It excludes those types of
capital-related cash outflows financed by proprietary funds or for assets that will be
held in trust for individuals, private organizations, or other governments.
Real Estate Transfer Tax Fund is used to account for the collection of a real estate
transfer tax which is specifically restricted per Town ordinance for acquiring,
maintaining, and improving real property for parks, recreation, open space and for
supporting sustainable environmental practices.
The Conference Center Fund was established to account for the collection of a sales
tax and public accommodations tax which were specifically restricted for the
financing of the construction and operations of a conference center in the Town.
The conference center taxes were rescinded by election in November 2005. Voters
elected in November 2011, to authorize use of the funds for specific capital projects
including the clubhouse at the Vail golf course and Nordic center, the Ford Park
athletic fields, and improvements to the Gerald R. Ford amphitheater.
The Vail Marketing Fund accounts for the collection of business license fees which
are specifically restricted for expenditures related to the marketing of the Town.
The Vail Local Marketing District accounts for collection of lodging taxes, which are
restricted for use for the activities of the District.
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6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D5
I. Summary of Significant Accounting Policies (continued)
C. Fund Financial Statements (continued)
The Vail Reinvestment Authority accounts for the collection of Tax Increment
Financing revenues which are restricted for use for the activities of the Authority.
The Debt Service Fund accounts for resources that are restricted to expenditure for
principal and interest that have been legally mandated, as well as the accumulation
for resources for, and the payment of, long-term obligation debt principal, interest,
and related costs.
The Town reports the following major proprietary or business-type funds:
Timber Ridge Affordable Housing Corporation accounts for the activities of the
Corporation.
The Dispatch Services Fund accounts for the emergency dispatch services provided
by the Town within Eagle County, Colorado.
Additionally, the Town reports the following fund types:
Internal service funds account for the repair and maintenance costs and purchase of
Town vehicles and equipment, excluding buses and fire trucks. In addition, internal
service funds are used to account for the health insurance plan provided to Town
employees.
Trust funds are used to account for the accumulation of resources for pension
benefit payments to qualified Town employees and to account for assets held for
employees in accordance with the provisions of Internal Revenue Code section 457.
No budget is adopted for the Town’s trust funds.
D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation
Measurement focus refers to whether financial statements measure changes in current
resources only (current financial focus) or changes in both current and long-term resources
(long-term economic focus). Basis of accounting refers to the point at which revenues,
expenditures, or expenses are recognized in the accounts and reported in the financial
statements. Financial statement presentation refers to classification of revenues by source
and expenses by function.
1. Long-term Economic Focus and Accrual Basis
Both governmental and business-type activities in the government-wide financial
statements and the proprietary and fiduciary fund financial statements use the long-
term economic focus and are presented on the accrual basis of accounting.
Revenues are recognized when earned and expenses are recognized when
incurred, regardless of the timing of the related cash flows. On an accrual basis,
revenue from property taxes is recognized in the fiscal year for which the taxes are
levied. Revenue from grants and donations are recognized in the fiscal year in
which all eligibility requirements have been satisfied.
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6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D6
I. Summary of Significant Accounting Policies (continued)
D. Measurement Focus, Basis of Accounting, and Financial Statement Presentation
(continued)
2. Current Financial Focus and Modified Accrual Basis
The governmental fund financial statements use the current financial focus and are
presented on the modified accrual basis of accounting. Under the modified accrual
basis of accounting, revenues are recorded when susceptible to accrual; i.e., both
measurable and available. The Town considers all revenues reported in the
governmental funds to be available if they are collected within sixty days after year-
end. Expenditures are recorded when the related fund liability is incurred, except for
principal and interest on general long-term debt, claims and judgments, and
compensated absences, which are recognized as expenditures when due. General
capital asset acquisitions are reported as expenditures in governmental funds.
Proceeds of general long-term liabilities and acquisitions under capital leases are
reported as other financing sources.
3. Financial Statement Presentation
As a general rule the effect of interfund activity has been eliminated from the
government-wide financial statements. Exceptions to this rule are payments where
the amounts are reasonably equivalent to the value of the interfund services
provided and other charges between the various functions of the Town. Elimination
of these charges would distort the direct costs and program revenues are reported.
Amounts reported as program revenues include 1) charges to customers and
applicants for goods, services or privileges provided, 2) operating grants and
contributions and 3) capital grants and contributions, including special assessments.
Internally dedicated resources are reported as general revenues rather than as
program revenues. Likewise, general revenues include all taxes.
Proprietary funds distinguish operating revenues and expenses from non-operating
items. Operating revenues and expenses generally result from providing services
and producing and delivering goods in connection with a proprietary fund’s principal
ongoing operations. The principal operating revenue of the Town’s enterprise funds
are rents from individuals employed in the Town and charges for services related to
emergency dispatch. Operating expenses for the enterprise fund includes operating
expenses and depreciation on capital assets. All revenues and expenses not
meeting this definition are reported as non-operating revenues and expenses.
E. Financial Statement Accounts
1. Equity in Pooled Cash and Investments
The Town has a policy of central cash management whereby cash balances of each
of the Town’s funds are pooled in and invested in certain investments for all funds
except the Pension Trust Fund and the Deferred Compensation Plan Fund.
Additionally, the component units do not participate in the Town’s central cash
management.
Equity in pooled cash and investments include demand deposits, short-term
investments with original maturities of three months or less from the date of
acquisition, and long-term investments in U.S. government obligations. Investments
are stated at fair market value.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D7
I. Summary of Significant Accounting Policies (continued)
E. Financial Statement Accounts (continued)
2. Cash and Cash Equivalents
Cash and cash equivalents include cash on hand and investments with original
maturities of three months or less from the date of acquisition.
Cash equivalents are both readily convertible to cash and are so near their maturity
they present insignificant risk of change in value due to interest rate changes.
Restricted cash and cash equivalents represent certain proceeds of debt issuances,
as well as certain resources set aside for their repayments because their use is
limited by the applicable covenants. Restricted assets also include certain deposits
that have been limited as to usage pursuant to escrow and similar agreements.
3. Receivables
Receivables are reported net of an allowance for uncollectible accounts.
Loans receivable in governmental funds consist principally of housing loans that are
generally not expected or scheduled to be collected in the subsequent year, although
payment has started on several of the loans.
4. Property Taxes
Property taxes are assessed in one year as a lien on the property, but not collected
by the governmental unit until the subsequent year. In accordance with GAAP, the
assessed but uncollected property taxes have been recorded as a receivable and as
deferred revenue.
5. Inventory
Inventory is valued at cost using the first-in / first-out (FIFO) method. Inventories of
governmental funds are recorded as expenditures when consumed rather than when
purchased.
6. Prepaid Items
Payments to vendors that reflect costs applicable to future accounting periods are
recorded as prepaid items in both government-wide and fund financial statements.
7. Debt Issuance Costs
Issuance costs for long-term bonds and debt payable are recorded and amortized
over the term to maturity of the debt, using the straight-line method for governmental
activities.
The Corporation and the Authority use the bonds outstanding method, which
approximates the effective interest method, to amortize these costs.
4 - 2 - 32
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D8
I. Summary of Significant Accounting Policies (continued)
E. Financial Statement Accounts (continued)
8. Interfund Transactions
Interfund services provided and used are accounted for as revenues, expenditures
or expenses. Transactions that constitute reimbursements to a fund for
expenditures or expenses initially made from it that are properly applicable to
another fund, are recorded as “due from other funds” or “due to other funds” on the
balance sheet when they are expected to be liquidated within one year. Any
residual balances outstanding between the governmental activities and business-
type activities are reported in the government-wide financial statements as “internal
balances”. If the receivable or payable is not expected to be liquidated after one
year, it is classified as “advances to other funds” or “advances from other funds”.
9. Capital Assets
Capital assets, which include land, buildings, improvements, equipment, vehicles
and infrastructure assets, are reported in the applicable governmental or business-
type activity columns in the government-wide financial statements. Capital assets
are defined by the Town as assets with an initial cost of $5,000 or more and an
estimated useful life in excess of one year. Such assets are recorded at cost where
historical records are available and at an estimated historical cost where no
historical record exists. Donated capital assets are recorded at estimated fair
market value at the date of donation.
The costs of normal maintenance and repairs that do not add to the value of the
asset or materially extend asset lives are not capitalized. Improvements are
capitalized and depreciated over the remaining useful lives of the related fixed
assets, as applicable.
Capital outlay for projects is capitalized as projects are constructed. Costs related to
the construction of assets include interest, engineering, legal, surveying and
landscaping that were incurred from the beginning of construction until the assets
were substantially complete are capitalized.
Capital assets (excluding land and art) are depreciated using the straight-line
method, over the estimated useful life.
10. Bond Premiums and Discounts
Bonds payable are reported net of the applicable bond premium or discount. No
amortization was taken on these premiums or discounts in the first year. These
premiums and discounts are amortized over the life of the applicable bonds using
the bond outstanding method.
11. Deferred Revenue
For governmental funds, deferred revenues arise when potential revenue does not
meet both the “measurable” and “available” criteria for recognition in the current
period. For proprietary funds, deferred revenues arise when potential revenue is
unearned.
4 - 2 - 33
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D9
I. Summary of Significant Accounting Policies (continued)
E. Financial Statement Accounts (continued)
11. Deferred Revenue (continued)
In subsequent periods, when revenue recognition criteria are met, or when the Town
has legal claim to the resources, the liability for deferred revenue is removed and
revenue is recognized.
12. Compensated Absences
Vested or accumulated vacation leave that is expected to be liquidated with
expendable available financial resources is reported as expenditure and a fund
liability of the governmental fund that will pay it. Amounts of vested or accumulated
vacation leave that are not expected to be liquidated with expendable available
financial resources are reported in the governmental activities column in the
government-wide financial statements. Vested or accumulated vacation leave of the
proprietary fund type is recorded as an expense and liability of that fund as the
benefits accrue to employees. In accordance with the provisions of GASB
Statement No. 16, Accounting for Compensated Absences, no liability is recorded
for non-vesting accumulating rights to receive sick pay benefits.
After the completion of ten years of full-time service, employees are eligible for a
cash or gift benefit. The estimated liability for all eligible employees is recorded in
governmental activities in the Statement of Net Assets, as a component of
compensated absences.
13. Fund Equity
Governmental accounting standards establish fund balance classifications that
comprise a hierarchy based primarily on the extent to which a government is bound
to observe constraints imposed upon the use of the resources reported in
governmental funds. Fund balance classifications include Non-spendable,
Restricted, Committed, Assigned, and Unassigned. These classifications reflect not
only the nature of the funds, but also provide clarity to the level of restriction placed
upon fund balance. Fund balance can have different levels of restraint, such as
external versus internal compliance requirements. Unassigned fund balance is a
residual classification within the General Fund. The General Fund should be the
only fund that reports a positive unassigned balance. In all other funds, unassigned
is limited to negative residual fund balance. For further details of the various fund
balance classifications refer to Note IV.L.
F. Significant Accounting Policies
1. Use of Estimates
The preparation of financial statements in conformity with GAAP requires the Town’s
management to make estimates and assumptions that affect the reported amounts
of assets and liabilities, the disclosure of contingent assets and liabilities at the date
of the financial statements, and the reported amount of revenues and expenditures
or expenses during the reporting period. Actual results could differ from those
estimates.
4 - 2 - 34
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D10
I. Summary of Significant Accounting Policies (continued)
F. Significant Accounting Policies (continued)
2. Proprietary Funds
As required by GASB Statement No. 20, Accounting and Financial Reporting for
Proprietary Funds and Other Governmental Entities that use Proprietary Fund
Accounting, the Town has elected to follow for its proprietary funds, all (1) GASB
pronouncements and (2) FASB Statements and Interpretations, APB Opinions, and
Accounting Research Bulletins issued on or before November 30, 1989, except
those that conflict with a GASB pronouncement.
3. Credit Risk
The receivables of the various funds of the Town are primarily due from other
governments. Management believes that the credit risk related to the receivables is
minimal.
4. Restricted and Unrestricted Resources
When both restricted and unrestricted resources are available for use, it is the
government’s policy to use restricted resources first, then unrestricted resources as
they are needed.
5. Subsequent Event
Management has evaluated subsequent events through the date of the independent
audit report which is the date these financial statements were available to be
released.
II. Reconciliation of Government-wide and Fund Financial Statements
A. Explanation of Certain Differences Between the Governmental Fund Balance Sheet
and the Government-wide Statement of Net Assets
The governmental fund Balance Sheet includes reconciliation between the fund balance of
total governmental funds and net assets of governmental activities as reported in the
government-wide Statement of Net Assets. One element of that reconciliation explains
"Capital assets used in governmental activities are not financial resources and therefore are
not reported in the funds”. This $102,615,556 difference is related to property, plant and
equipment of $249,519,766 less accumulated depreciation of $146,904,210. Another
element of that reconciliation explains “Other long-term assets and deferred charges are not
available for current period expenditures and therefore are not reported in the funds”. This
$1,086,871 difference is bond issue costs of $500,356, less accumulated amortization of
$244,799, pension forfeitures of $610,022, deferred debt refunding cost of $10,824 and
interest receivable of $210,468. Net assets totaling $6,604,701 of internal service funds
used by management to charge the costs of heavy equipment and health insurance to
individual funds are included in the governmental activities in the Statement of Net Assets.
Additionally, the reconciliation states that long-term liabilities are not due and payable in the
current period and, therefore, are not reported in the funds. This $15,301,696 difference is
related to bonds and notes payable of $13,885,000, accrued compensated absences of
$1,287,317, premium on issued debt of $71,375 and interest payable of $58,004.
4 - 2 - 35
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D11
II. Reconciliation of Government-wide and Fund Financial Statements (continued)
B. Explanation of Certain Differences Between the Governmental Fund Statement of
Revenue, Expenditures and Changes in Fund Balances and the Government-wide
Statement of Activities
The governmental fund Statement of Revenues, Expenditures and Changes in Fund
Balances includes reconciliation between net change in fund balances of governmental
funds and changes in net assets of governmental activities as reported in the government-
wide Statement of Activities. One element of that reconciliation explains “Governmental
funds report capital outlays as expenditures. However, in the Statement of Activities, the
cost of those assets is allocated over their estimated useful lives as depreciation expense.”
The details of this $9,918,676 difference are comprised of capital outlay of $20,470,773 less
depreciation expense of $10,047,614 and a loss on the sale of assets of $504,483.
III. Stewardship, Compliance, and Accountability
A. Budgetary Information
An annual budget and appropriation ordinance is adopted by Town Council in accordance
with the Town’s Home Rule Charter.
Budgets are prepared on the basis of GAAP for all funds except the Heavy Equipment Fund
and Dispatch Services Fund. As required by Colorado Statutes, all funds have legally
adopted budgets and appropriations. The total expenditures for each fund may not exceed
the amounts appropriated. Appropriations for a fund may be increased if unanticipated
revenues offset them. All appropriations lapse at year-end.
The budgets for these funds have been adopted on a non-GAAP budget and are reconciled
to GAAP below:
HeavyDispatch
EquipmentServices
FundFund
Change in Net Assets - Budget Basis17,809$ (366,573)$
add/(less):
Change in compensated absences(2,715) 17,017
Capitalized assets 609,946 736,841
Depreciation (602,354) (215,914)
Net book value of disposed assets(5,548) -
Change in Net Assets - GAAP Basis 17,138$ 171,371$
The Town followed these procedures in preparing, approving, and enacting its budget for
2011.
(1) For the 2011 budget year, prior to August 25, 2010, the County Assessor sent the
Town a certified assessed valuation of all taxable property within the Town’s
boundaries.
(2) Prior to the end of the 2010 fiscal year, the Town Manager submitted to the Town
Council a budget and accompanying message.
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6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D12
III. Stewardship, Compliance, and Accountability (continued)
A. Budgetary Information (continued)
(3) Prior to December 15, 2010, the Town computed and certified to the County
Commissioners a levy rate that derived the necessary property taxes as computed
in the proposed budget.
(4) After a required publication of “Notice of Proposed Budget”, the Town adopted the
proposed budget and an appropriation ordinance which legally appropriated
expenditures for the upcoming year.
(5) After adoption of the budget ordinance, the Town may make the following changes:
a) transfer appropriated money between funds; b) approve supplemental
appropriations to the extent of revenues in excess of those estimated in the budget;
c) approve emergency appropriations; and d) reduce appropriations for which
originally estimated revenues are insufficient.
Taxes levied in one year are collected in the succeeding year. Thus, taxes certified in 2010
were collected in 2011 and taxes certified in 2011 will be collected in 2012. Taxes are due
on January 1 in the year of collection; however, they may be paid in either one installment
(no later than April 30) or two equal installments (not later than February 28 and June 15)
without interest or penalty. Taxes that are not paid within the prescribed time bear interest at
the rate of one percent (1%) per month until paid. Unpaid amounts and the accrued interest
thereon become delinquent on June 16.
During the year, supplemental appropriations were necessary. The budgetary comparison
statements reflect the original budget and the final budget after legally authorized revisions
were made.
B. Budgetary Information – Vail Local Marketing District
The District’s budget timetable varies from the Town’s. The District followed these
procedures in preparing, approving, and enacting its budget for 2011.
(1) On or before September 30, 2010, the District must submit to the Board a
recommended budget that details the revenues necessary to meet the District's
operating requirements. This was done on September 21, 2010.
(2) After appropriate public notice and a required public hearing, the Board must adopt
the proposed budget and a resolution that legally appropriated expenditures for the
upcoming year on or before December 5, 2010. The Board adopted the 2011
budget on November 2, 2010.
(3) After adoption of the initial budget resolution, the District may make the following
changes: a) approve supplemental appropriations to the extent of revenues in
excess of those estimated in the budget; b) approve emergency appropriations; and
c) reduce appropriations for which originally estimated revenues are insufficient.
During the year, supplemental appropriations were necessary. The budgetary comparison
statements reflect the original budget and the final budget after legally authorized revisions
were made.
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6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D13
III. Stewardship, Compliance, and Accountability (continued)
C. Deficit Net Assets - Timber Ridge Affordable Housing Corporation
The Corporation had a deficit of net assets at December 31, 2011 of $1,182,145.
D. Compliance with Trust Indentures - Timber Ridge Affordable Housing Corporation
The bond indenture for the Corporation’s Adjustable Rate Housing Facilities Revenue
Bonds, Series 2003A (the “2003A Bonds”), establishes initial funding of a bond reserve fund
at $317,094 and required additional funding during 2004. At December 31, 2011 the
Corporation’s balance in the Bond Reserve Fund was in compliance with the Bond Reserve
Requirement of $595,157 established by the 2003A Indenture.
As described in Note IV.K., the Reimbursement Agreement with U.S. Bank requires the
Corporation to fund a Replacement Reserve in 2003 and annually thereafter. For 2011, the
minimum funding required for the Replacement Reserve was met by the Corporation.
The 2003A Indenture imposes financial ratios relating to debt service coverage. At
December 31, 2011, the Corporation was in violation of the debt service coverage ratio due
to a reduction in Net Operating Income, as defined by the Indenture.
E. TABOR Amendment
In November 1992, Colorado voters amended Article X of the Colorado Constitution by
adding Section 20, commonly known as the Taxpayer's Bill of Rights (“TABOR”). TABOR
contains revenue, spending, tax and debt limitations that apply to the State of Colorado and
local governments. TABOR requires, with certain exceptions, advance voter approval for
any new tax, tax rate increase, mill levy above that for the prior year, extension of any
expiring tax, or tax policy change directly causing a net tax revenue gain to any local
government.
Except for refinancing bonded debt at a lower interest rate or adding new employees to
existing pension plans, TABOR requires advance voter approval for the creation of any
multiple-fiscal year debt or other financial obligation unless adequate present cash reserves
are pledged irrevocably and held for payments in all future fiscal years.
TABOR also requires local governments to establish an emergency reserve to be used for
declared emergencies only. Emergencies, as defined by TABOR, exclude economic
conditions, revenue shortfalls, or salary or fringe benefit increases. The reserve is
calculated at 3% of fiscal year spending for fiscal years ending after December 31, 1995.
Fiscal year spending excludes bonded debt service and enterprise spending. The Town has
reserved a portion of the December 31, 2011 fund balance in the General Fund for this
purpose in the amount of $1,553,000 which is the approximate required reserve.
The initial base for local government spending and revenue limits is December 31, 1992
fiscal year spending. Future spending and revenue limits are determined based on the prior
year's fiscal year spending adjusted for inflation in the prior calendar year plus annual local
growth. Fiscal year spending is generally defined as expenditures and reserve increases
with certain exceptions. Revenue, if any, in excess of the fiscal year spending limit must be
refunded in the next fiscal year unless voters approve retention of such revenue.
4 - 2 - 38
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D14
III. Stewardship, Compliance, and Accountability (continued)
E. TABOR Amendment (continued)
On November 16, 1993, voters of the Town approved the collection and expenditure of all
revenues generated, including reduction in debt service during 1993 and each subsequent
year (not including revenue generated from ad valorem property taxes) without any increase
in such tax rates and the expenditure of such revenues for debt service, municipal
operations, and capital projects, effective January 1, 1994.
On November 7, 2000, the Town’s electorate approved the collection and expenditure of all
revenues received from ad valorem property taxes levied in 2000 and each year thereafter.
The remaining restrictions of the TABOR Amendment apply, which are:
• Voter approval of all new taxes and tax rate increases;
• Voter approval for new or additional Town debt;
• No increase or imposition of a new real estate transfer tax; and,
• All election requirements remain in effect.
The Town's management believes it is in compliance with the financial provisions of TABOR.
However, TABOR is complex and subject to interpretation. Many of its provisions, including
the interpretation of how to calculate fiscal year spending limits, will require judicial
interpretation.
F. TABOR Amendment – Vail Local Marketing District
As required by TABOR, the District has reserved $65,000 of its fund balance for
emergencies, which is the approximate required reserve at December 31, 2011.
The ballot question approved by voters on November 2, 1999, which established the 1.4%
tax on lodging within the Town’s boundaries also authorized the District to collect and spend
the proceeds of the lodging tax, investment income, and all other revenues, without regard to
the limitations imposed by TABOR, effective January 1, 2000.
The District’s management believes it is in compliance with the financial provisions of
TABOR. However, TABOR is complex and subject to interpretation. Many of its provisions
will require judicial interpretation.
IV. Detailed Notes on all Funds
A. Cash and Investments
Pursuant to its charter, the Town has adopted, by ordinance, an investment policy governing
the types of institutions and investments with which it may deposit funds and transact
business. Under this policy, the Town may invest in federally insured banks, debt
obligations of the U.S. Government, its agencies and instrumentalities, governmental mutual
funds and pools including 2a7-like pools, and repurchase agreements subject to policy
requirements.
The Town also accounts for the operations of the employees' pension plans that are
administered by select employees acting as trustees who are governed by a trust
agreement. The trust agreement gives the trustees considerable latitude with investment
alternatives. As a result, all pension investments are considered legal under the trust
agreement.
4 - 2 - 39
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D15
IV. Detailed Notes on all Funds (continued)
A. Cash and Investments (continued)
The Town’s deposits and certificates of deposit are entirely covered by federal depository
insurance (FDIC) or by collateral held under Colorado Public Deposit Protection Act
(“PDPA”). The FDIC insures the first $250,000 of the Town’s interest bearing deposits at
each financial institution. Deposit balances over $250,000 are collateralized as required by
PDPA. As of year end, the bank balance of the Town’s deposits was $13,471,187. The
difference between the bank balance and book balance is primarily due to deposits in transit
or outstanding checks at December 31, 2011. At year end, the Town had the following
investments and maturities:
Carrying
Type Rating Maturities Value
Deposits:
Cash on hand 10,160$
Demand deposits 24,044,205
Certificates of deposit <1 year2,769,077
Certificates of deposit <5 years6,753,424
Total deposits 33,576,866$
Investments:
US Agencies - FHLMC, FHLB, FNMAAA+<5 years12,951,684$
Mortgage pools AA+N/A4,836,315
Colotrust AAAmN/A35,254,632
Pension and Section 457 investmentsN/AN/A51,553,308
Total investments 104,595,939
Total deposits and investments 138,172,805$
Reconciliation to Statement of Net Assets:
Equity in pooled cash and investments 72,389,020$
Cash and cash equivalents - Unrestricted 7,178,836
Cash and cash equivalents - Restricted 7,662,192
Fiduciary Funds 50,942,757
Total 138,172,805$
Pools. The Town has invested in the Colorado Government Liquid Asset Trust (“Colotrust”),
which is an investment vehicle established for local government entities in Colorado to pool
surplus funds. They operate similarly to a money market fund and each share is equal in
value to $1. Investments of the trusts consist of U.S. Treasury bills, notes and note strips,
and repurchase agreements collateralized by U.S. Treasury securities. Colotrust is rated
AAAm by Standard and Poor’s.
Interest Rate Risk. As a means of limiting its exposure to interest rate risk, the Town
diversifies its investments by security type and institution, and limits holdings in any one type
of investment with any one issuer. The Town coordinates its investments maturities to
closely match cash flow needs and invests primarily in securities with a maximum
investment term less than five years from the purchase date. As a result of the limited length
of maturities the Town has limited its interest rate risk.
Credit Risk. The Town’s general investment policy is to apply the prudent-person rule;
investments are made as a prudent person would be expected to act, with discretion and
intelligence, to seek reasonable income, preserve capital, and, in general, avoid speculative
investments.
4 - 2 - 40
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D16
IV. Detailed Notes on all Funds (continued)
A. Cash and Investments (continued)
Concentration of Credit Risk. The Town diversifies its investments by security type and
institution.
Credit quality distribution for investments, with credit exposure as a percentage of total
investments are as follows at year end:
Investment Type Rating Percentage
ColotrustAAAm41%
Investments in the Deferred Compensation Plan and the Pension Trust Funds are held by
trustees and are not categorized because they are not evidenced by specific securities that
exist in physical or book form.
B. Receivables
Receivables as of year-end for the Town’s funds, including applicable allowances for
uncollectible accounts, are as follows:
CapitalReal EstateVailVail Local
GeneralProjectsTransferMarketingMarketing
FundFundTax FundFundDistrict
Receivables:
Property taxes4,057,451$ - - - -
Other taxes750,366 - 180,638 - 403,823
Other governments105,049 47,494 161,203 - -
Employees 280 - - - -
Other375,008 3,477,040 16,762 - -
Gross Receivables5,288,154 3,524,534 358,603 - 403,823
Less: Allowance for
uncollectibles(1,000) - - - -
Net Receivables 5,287,154$ 3,524,534 358,603 - 403,823
VailHeavy
Rein-Equip-DispatchHealth
TimbervestmentmentServicesInsurance
RidgeAuthorityFundFundFundTotal
Receivables:
Property taxes-$ - - - - 4,057,451
Other taxes- - - - - 1,334,827
Other governments- - - - - 313,746
Employees - - - - - 280
Other4,757 - 4,935 362 224,998 4,103,862
Gross Receivables4,757 - 4,935 362 224,998 9,810,166
Less: Allowance for
uncollectibles- - - - - (1,000)
Net Receivables 4,757$ - 4,935 362 224,998 9,809,166
4 - 2 - 41
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D17
IV. Detailed Notes on all Funds (continued)
B. Receivables (continued)
Governmental funds report deferred revenue in connection with receivables for revenues
that are not considered to be available to liquidate liabilities of the current period. Total
deferred revenue for governmental activities totaled $4,694,837 and is comprised of the
following:
GeneralCapital Project
FundFund
Property taxes assessed but not
collectible until 2012:4,057,451$ -$
Other deferred revenues:
Business licenses94,906 -
Library grants65,037 -
Police programs34,198 -
Construction projects - 443,245
4,251,592$ 443,245$
Deferred revenue for construction projects relates to $274,445 of funds collected from Holy
Cross Energy for the community enhancement fund which is used to place utilities
underground. The other $168,800 was collected from developers for road improvements.
The revenue will be recognized in the year the money is spent.
4 - 2 - 42
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D18
IV. Detailed Notes on all Funds (continued)
C. Capital Assets
Capital asset activity for the year ended December 31, 2011 was as follows:
Beginning Ending
BalanceIncreasesDecreasesBalance
Governmental Activities:
Capital Assets, Not Being Depreciated:
Land 28,572,851$ 280,000 - 28,852,851
Total Capital Assets, Not Being Depreciated28,572,851 280,000 - 28,852,851
Capital Assets, Being Depreciated:
Buildings and improvements80,889,831 10,371,280 (501,104) 90,760,007
Infrastructure and improvements104,431,495 6,677,125 (1,213,426) 109,895,194
Equipment and vehicles 28,586,810 3,752,314 (2,401,588) 29,937,536
Total Capital Assets Being Depreciated213,908,136 20,800,719 (4,116,118) 230,592,737
Less Accumulated Depreciation For:
Buildings and improvements(52,832,627) (3,019,566) 420,471 (55,431,722)
Infrastructure and improvements(76,021,517) (5,071,279) 789,575 (80,303,221)
Equipment and vehicles(17,494,744) (2,559,122) 2,396,039 (17,657,827)
Total Accumulated Depreciation(146,348,888) (10,649,967) 3,606,085 (153,392,770)
Total Capital Assets Being Depreciated, Net67,559,248 10,150,752 (510,033) 77,199,967
Governmental Activities Capital Assets, Net 96,132,099$ 10,430,752 (510,033) 106,052,818
Business-type Activities
Capital Assets, Not Being Depreciated:
Land 4,399,500$ - - 4,399,500
Total Capital Assets, Not Being Depreciated4,399,500 - - 4,399,500
Capital Assets, Being Depreciated:
Buildings and improvements15,592,145 81,677 - 15,673,822
Equipment 2,474,901 750,986 - 3,225,887
Total Capital Assets Being Depreciated18,067,046 832,663 - 18,899,709
Less Accumulated Depreciation For:
Buildings and improvements(3,879,963) (519,974) - (4,399,937)
Equipment (1,723,068) (215,914) - (1,938,982)
Total Accumulated Depreciation(5,603,031) (735,888) - (6,338,919)
Total Capital Assets Being Depreciated, Net12,464,015 96,775 - 12,560,790
Business-type Activities Capital Assets, Net 16,863,515$ 96,775 - 16,960,290
4 - 2 - 43
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D19
IV. Detailed Notes on all Funds (continued)
C. Capital Assets (continued)
Depreciation expense was charged to functions of the Town as follows:
Depreciation on fixed assets is recorded using the following estimated useful lives:
Years
Buildings 25 - 40
Building improvements 7 - 25
Infrastructure 5 - 30
Vehicles 5 - 15
Equipment 5 - 10
At December 31, 2011, the Town had $27,132,763 of fully depreciated assets.
D. Operating Leases
The Town is committed under various leases for buildings, office space, and equipment.
For accounting purposes, these leases are considered to be operating leases, and
therefore, the liability and the related assets have not been recorded in these financial
statements.
E. Interfund Receivables, Payables, and Transfers
At December 21, 2011, the Vail Reinvestment Authority owed the Capital Projects Fund
$625,16 in connection with the LionsHead Transit Center construction.
During 2011, $1,845,800 was transferred from the General Fund to the Capital Projects
Fund, used for the implementation of energy enhancements to Town facilities. Another
$32,964 was transferred from the Real Estate Transfer Tax Fund to the Capital Projects
Fund for the same project.
The Capital Projects Fund transferred $2,279,574 to the Debt Service Fund for annual
debt service payments.
The Vail Reinvestment Authority transferred $7,125,196 to the Capital Projects Fund for
construction of the LionsHead Transit Center, LionsHead Welcome Center, East and
West Portals into LionsHead, and a renovation of the Vail Library.
Governmental Activities:
General government 455,711$
Public safety 382,304
Public works and transportation 8,497,616
Culture and recreation 1,314,336
Total Depreciation Expense - Governmental Activities 10,649,967$
Business-type Activities:
Dispatch services 215,914$
Housing 519,974
Total Depreciation - Business-type Activities 735,888$
4 - 2 - 44
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D20
IV. Detailed Notes on all Funds (continued)
E. Interfund Receivables, Payables, and Transfers (continued)
The Conference Center Fund transferred $515,000 to the Real Estate Transfer Tax Fund
to begin work on the Golf Clubhouse reconstruction and Ford Park Field improvements.
F. Long-term Liabilities - Governmental Activities
The Town has the following long-term debt outstanding for governmental activities:
1. Sales Tax Revenue Refunding Bonds, Series 2002B
The Town issued $5,570,000 of Sales Tax Revenue Refunding Bonds dated
September 1, 2002 (the “2002B Bonds”). Proceeds from the 2002B Bonds were
used to refund outstanding 1992 bonds.
The interest rate on the 2002B Bonds ranges from 2.5% to 4.0% per annum, and
is payable on June 1 and December 1 annually through December 1, 2012.
The 2002B Bonds are special limited obligations of the Town payable solely from
the Town's existing 4% sales tax and from any legally available tax or taxes or
fees (other than general ad valorem tax). The 2002B Bonds constitute an
irrevocable lien (but not an exclusive lien) upon the pledged revenues.
2002B Bonds maturing on or before December 1, 2011 are not subject to prior
redemption. 2002B Bonds maturing on or after June 1, 2012 are subject to
redemption prior to their maturities, at the option of the Town, in whole or in part,
on December 1, 2011 or thereafter, at a redemption price equal to the principal
amount redeemed, plus a redemption premium equal to 1% of the principal
redeemed, plus accrued interest to the redemption date.
2. Sales Tax Revenue Refunding Bonds, Series 2008
The Town issued $6,320,000 of Sales Tax Revenue Refunding Bonds dated
December 1, 2008 (the “2008 Bonds”). Proceeds from the 2008 Bonds were
used to refund outstanding 1998A bonds.
The interest rate on the 2008 Bonds ranges from 3.5% to 4.0% per annum, and
is payable on June 1 and December 1 annually through December 1, 2012.
The 2008 Bonds are special limited obligations of the Town payable solely from
the Town's existing 4% sales tax and from any legally available tax or taxes or
fees (other than general ad valorem tax). The 2008 Bonds constitute an
irrevocable lien (but not an exclusive lien) upon the pledged revenues.
The 2008 Bonds are not subject to redemption prior to maturity at the option of
the Town.
4 - 2 - 45
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D21
IV. Detailed Notes on all Funds (continued)
F. Long-term Liabilities - Governmental Activities (continued)
3. Vail Reinvestment Authority Tax Increment Revenue Bonds, Series 2010A
The Authority issued $3,670,000 of Tax-Exempt Tax Increment Revenue Bonds
dated November 4, 2010 (the “2010A Bonds”). Proceeds from the 2010A Bonds
will be used to finance the acquisition, construction and installation of an urban
renewal project(s).
The interest rate on the 2010A Bonds ranges from 2.5% to 4% per annum, and is
payable June 1 and December 1 annually through June 1, 2018.
The 2010A Bonds are special limited obligations of the Authority, equitably and
ratably secured by an irrevocable pledge of the Trust Estate, funded by pledged
property tax revenues.
2010A Bonds are not subject to redemption prior to maturity at the option of the
Authority.
4. Vail Reinvestment Authority Tax Increment Revenue Bonds, Series 2010B
The Authority issued $8,270,000 of Taxable Tax Increment Revenue Bonds
(Direct Pay Build America Bonds) dated November 4, 2010 (the “2010B Bonds”).
Proceeds from the 2010B Bonds will be used to finance the acquisition,
construction and installation of an urban renewal project(s).
The interest rate on the 2010B Bonds ranges from 5.269% to 6.659% per
annum, and is payable June 1 and December 1 annually from June 1, 2011
through June 1, 2030. Principal payments are payable June 1 and December 1
annually from June 1, 2019 through June 1, 2030.
The Authority will receive a federal subsidy known as the “BAB Credit” equal to
35% of corresponding interest as provided under the American Recovery and
Reinvestment Act of 2009.
The 2010B Bonds are special limited obligations of the Authority, equitably and
ratably secured by an irrevocable pledge of the Trust Estate, funded by pledged
incremental property tax revenues.
2010B Bonds maturing on or before June 1, 2020 are not subject to optional
redemption prior to their respective maturity dates. The 2010B Bonds maturing
on and after June 1, 2021 are subject to redemption prior to their respective
maturity dates at the option of the Authority at a price equal to the principal
amount plus accrued interest to the redemption date without a premium. All
2010B Bonds are subject to mandatory sinking fund redemption.
4 - 2 - 46
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D22
IV. Detailed Notes on all Funds (continued)
G. Long-term Liabilities - Business-type Activities
The Town has the following long-term debt outstanding for business-type activities:
1. Adjustable Rate Housing Facilities Revenue Bonds, Series 2003A
The 2003A Bonds were issued July 15, 2003 in the principal amount of
$19,025,000 as limited obligations of the Corporation and not indebtedness of
the Town. The 2003A Bonds are payable solely from the rents and other
receipts from operation of the Project, net of the Project’s actual operating
expenses (the “Pledged Revenues”) and the various reserve funds and other
monies pledged under the terms of the 2003A indenture. Certain capitalized
terms are further described in the 2003A indenture. The 2003A Bonds bear
interest at the Weekly Rate established by George K. Baum & Company (the
“Remarketing Agent”) until converted to another “mode”, including a Fixed Rate,
by the Corporation.
While in any interest rate mode other than a Fixed Rate, the 2003A Bonds are
subject to repurchase upon demand by any bondholder at 100% of the
outstanding principal amount plus accrued interest. All tendered bonds are then
to be subsequently remarketed by the Remarketing Agent.
The 2003A Bonds are subject to redemption prior to maturity (December 1, 2032
or specific maturity date, if converted to Fixed Rate) at the Corporation’s option,
using monies in the Redemption Fund, as follows:
• 2003A Bonds in a Daily Mode or Weekly Mode - on any date prior to Maturity
at 100% of the principal amount, plus accrued interest.
• 2003A Bonds in a Commercial Long-Term Mode - after the following No-Call
Period and at the following redemption prices, plus accrued interest:
Length of Rate Period No-Call Period Redemption Price
Greater than 12 years10 years from the Rate101%, declining 0.5% per
Change Date6 months to 100%
Greater than 4 years, butUntil 2 years prior to the 100%
less than 12 yearsend of the Rate Period
Less than or equal toLength of the Rate PeriodNot subject to optional
4 years redemption
4 - 2 - 47
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D23
IV. Detailed Notes on all Funds (continued)
G. Long-term Liabilities - Business-type Activities (continued)
1. Adjustable Rate Housing Facilities Revenue Bonds, Series 2003A
(continued)
• 2003A bearing a Fixed Rate - after the following No-Call Period and at the
following redemption prices, plus accrued interest:
Length of Rate Period No-Call Period Redemption Price
Greater than 12 years10 years from the101%, declining 0.5% per
Conversion Date6 months to 100%
Greater than 4 years, butUntil 2 years prior to100%
less than 12 yearsMaturity
Less than or equal toTerm to MaturityNot subject to optional
4 years redemption
From the date of issuance through December 31, 2011, the 2003A Bonds have
been in Weekly Mode, with interest rates set by the Remarketing Agent. Interest
rates on the 2003A Bonds ranged from 0.19% to .29% per annum in 2011. At
December 31, 2011, the interest rate on the 2003A Bonds was 0.23% per
annum; however, the Corporation’s effective interest rate has been limited to 4%
through August 1, 2006 and 5.5% thereafter, as provided by the Rate Protection
Agreement discussed in Note IV. K. Total interest expense for 2011 incurred in
respect of the 2003A Bonds was $42,073.
2. Promissory Note - Town of Vail (the “Town Notes”)
In connection with the Corporation’s purchase of the Project, the Town advanced
$1,000,000 to the Corporation upon execution of a promissory note. During 2005
and 2006, the Town made additional advances of $700,000 and $200,000,
respectively, to the Corporation upon execution of additional promissory notes.
At December 31, 2011, the balance outstanding under the terms of these
promissory notes (collectively, the “Town Notes”) was $1,900,000.
The Town Notes, which bear interest at the rate of 1.5% per annum, mature
December 1, 2032. The Town Notes are payable solely from the Pledged
Revenues, but the pledge of security interest in the Pledged Revenues is
subordinated to the pledge of these same revenues for payment of the 2003A
Bonds.
4 - 2 - 48
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D24
IV. Detailed Notes on all Funds (continued)
G. Long-term Liabilities - Business-type Activities (continued)
2. Promissory Note - Town of Vail (the “Town Notes”) (continued)
The Town Notes are payable to the extent that the Corporation has determined
that excess net revenues of the Project, after provision for necessary operating
or capital reserves, have accumulated semi-annually on the business day
following debt service on the 2003B Bonds. The Town Notes may be repaid by
the Corporation at any time without penalty.
In the event that a shortfall arises in the Bond Reserve Funds (as defined in the
2003A Indenture) for the 2003A Bonds which is not cured within the prescribed
deadlines by the Corporation, U.S. Bank National Association (the “Trustee”) will
request that the Town replenish the deficient Bond Reserve Fund, and the Town
has agreed to consider such requests but is not obligated to do so.
Any funds advanced by the Town to replenish Bond Reserve Funds will be
considered additional loans by the Town, subject to the same terms as the
original Town Notes.
The Town’s failure to replenish any deficiency in the Bond Reserve Funds will not
constitute an Event of Default (as defined in the 2003A Indenture) for the 2003A
Bonds.
The Corporation incurred interest expense totaling $28,500 during 2011 in
respect of the Town Notes. At December 31, 2011, the Corporation had accrued
a total of $210,468 in interest payable to the Town under the terms of the Town
Notes.
H. Long-term Liabilities - Compensated Absences
The Town has a policy allowing the accumulation of paid vacation and sick leave, subject
to certain maximum limits. In accordance with GAAP, the Town’s approximate liability for
vacation pay earned by employees and longevity pay at December 31, 2011 has been
reflected in the proprietary type fund financial statements and in the governmental
activities column of the government-wide financial statements. Accumulated sick pay of
approximately $3,058,893 at December 31, 2011 has not been reflected in the Town’s
financial statements as the amount is partially insured by an independent insurance
company and the amounts are not payable at termination.
I. Long-term Liabilities – Refunded
In prior years, the town defeased certain general obligations and other bonds by placing
the proceeds of new bonds in an irrevocable trust to provide for all future debt service
payments on the old bonds. The bonds intended to be refunded by the refunding issues
remain a contingent liability of the town until retired; however, they are not included for
the purposes of calculating debt limits of the town. The amount of debt considered
defeased cannot be readily determined as of December 31, 2011.
4 - 2 - 49
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D25
IV. Detailed Notes on all Funds (continued)
J. Long-term Liabilities - Activity and Debt Service Schedules
Long-term liability activity for the year ended December 31, 2011 was as follows:
Beginning Ending Due Within
Balance Additions Reductions Balance One Year
Governmental Activities:
Tax-Exempt Refunding Bonds,
Series 20083,260,000$ - (1,600,000) 1,660,000 1,660,000
Deferred amounts:
Issuance premium62,413 - (41,355) 21,058 -
Cost of refunding(32,081) - 21,257 (10,824) -
Refunding Bonds, Series 2002B1,050,000 - (515,000) 535,000 535,000
Tax-Increment Bonds, Series 2010A3,670,000 - (250,000) 3,420,000 445,000
Tax-Increment Bonds, Series 2010B8,270,000 - - 8,270,000 -
Deferred amounts:
Issuance premium63,427 - (13,110) 50,317 -
Compensated absences1,296,864 47,613 - 1,344,477 537,791
Total Governmental Activities
Long-term Liabilities 17,640,623$ 47,613$ (2,398,208)$ 15,290,028$ 3,177,791$
Business-type Activities:
Housing Facilities Revenue Bonds:
Adjustable Rate, Series 2003A18,190,000$ - (450,000) 17,740,000 475,000
Promissory note1,900,000 - - 1,900,000 -
Compensated absences85,780 - (17,018) 68,762 27,505
Total Business-type Activities
Long-term Liabilities 20,175,780$ - (467,018) 19,708,762 502,505
4 - 2 - 50
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D26
IV. Detailed Notes on all Funds (continued)
J. Long-term Liabilities - Activity and Debt Service Schedules (continued)
Debt service requirements at December 31, 2011 were as follows:
Governmental Activities:
20122,640,000$ 701,053 3,341,053
2013460,000 605,203 1,065,203
2014475,000 591,178 1,066,178
2015490,000 577,928 1,067,928
2016500,000 564,928 1,064,928
2017-20212,775,000 2,486,058 5,261,058
2022-20263,335,000 1,609,971 4,944,971
2027-20303,210,000 439,161 3,649,161
Total Governmental Activities 13,885,000$ 7,575,480 21,460,480
Business-type Activities:
2012475,000$ 42,481 517,481
2013500,000 41,336 541,336
2014530,000 40,130 570,130
2015560,000 38,852 598,852
2016585,000 37,503 622,503
2017-20213,445,000 164,731 3,609,731
2022-20264,475,000 118,481 4,593,481
2027-20315,815,000 58,417 5,873,417
20323,255,000 601,481 3,856,481
Total Business-type Activities 19,640,000$ 1,143,412 20,783,412
General obligation bonds issued for governmental activity purposes are liquidated by the
Debt Service Fund, whereas general obligation bonds issued for component unit
purposes are liquidated by the component unit.
Included in debt service requirements for business-type activities above are principal and
interest payments due to the Town in the amounts of $1,900,000 and $598,500
respectively.
K. Credit Facility and Reimbursement Agreement - Timber Ridge Affordable Housing
Corporation
Certain capitalized terms are defined in the 2003A Bonds Indenture.
In connection with the issuance of the 2003A Bonds, an irrevocable, stand-by, direct pay
letter of credit (the “Credit Facility”) in the amount of $19,207,432 was established July
17, 2003 by U.S. Bank, National Association (“U.S. Bank”) in favor of the Trustee for the
2003A Bonds. Under the terms of the Credit Facility, up to $19,025,000 may be drawn to
pay principal amounts of the 2003A Bonds, and up to $182,432 may be drawn to pay up
to 35 days’ accrued interest on the 2003A Bonds at a maximum rate of 10% per annum.
Available credit under the Credit Facility will be permanently and proportionately reduced
upon notice from the Trustee of redemption of less than all of the 2003A Bonds.
4 - 2 - 51
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D27
IV. Detailed Notes on all Funds (continued)
K. Credit Facility and Reimbursement Agreement – Timber Ridge Affordable Housing
Corporation (continued)
The Credit Facility expires at the earlier of:
a. July 17, 2008, although it automatically renews for successive one-year terms
(unless U.S. Bank notifies the Trustee that the Credit Facility has not been
renewed);
b. 15 days following notice by U.S. Bank requiring payment of all outstanding
2003A Bonds due to Default;
c. The date of acceleration or redemption of all 2003A Bonds;
d. The second business day after conversion of the 2003A Bonds to a Fixed Mode
interest rate; or
e. The date of surrender of the Credit Facility for cancellation, as required by the
Indenture.
Concurrent with the Credit Facility, the Corporation executed a Reimbursement
Agreement and a Demand Note in favor of U.S. Bank, evidencing the Corporation’s
obligation to repay all advances under the Credit Facility, together with interest on all
such draws. All amounts drawn on or charged against the Credit Facility bear interest at
the Bank Rate, which is equal to U.S. Bank’s Prime Rate plus 200 Basis Points. The
Credit Facility automatically renews each year, subject to the Corporation’s compliance
with requirements as to operational performance of the Corporation, provision of certain
records to the Trustee, and payment of all fees (including annual stand-by fees equal to
125 Basis Points calculated on the original credit commitment, plus U.S. Bank’s standard
fees and charges for processing draws on the Credit Facility).
Pursuant to this arrangement, the Corporation incurred financing fees during 2011
totaling $232,970 for U.S. Bank in respect of stand-by fees for the Credit Facility. During
2003, U.S. Bank was paid a one-time origination fee of $192,074 from the proceeds on
issuance of the 2003A Bonds, which has been capitalized as Bond Issue Costs.
During 2011, the Corporation drew and repaid $42,884 of advances on the Credit Facility.
At December 31, 2011, no balance was outstanding on the Credit Facility.
The Reimbursement Agreement imposes the following funding commitments on the
Corporation:
a. Commencing January 1, 2009, the Corporation is to deposit into the Bond
Principal Fund an amount equal to 1/12th of the scheduled principal reductions for
the 2003A Bonds, to be used by the Trustee to pay for optional redemptions as
provided in the 2003A Indenture.
b. $90,000 was paid from the proceeds of issuance of the 2003A Bonds into a
Replacement Reserve account. Annually thereafter, the Corporation is to deposit
an equal amount increased by 3% per annum into the Replacement Reserve
account, with usage of such funds restricted to capital improvements to the
Project approved by U.S. Bank. The Replacement Reserve Account is pledged
to U.S. Bank and not the owners of the 2003A Bonds.
c. The Corporation is required to deposit all security deposits received from tenants
of the Project into a separate account.
d. Commencing August 1, 2004 and annually thereafter, the Corporation is to
deposit into a Rate Cap Escrow Account an amount not less than $45,000, to be
used only to pay for required rate protection agreements. For the year ended
December 31, 2011, the Corporation received a one year waiver from U.S. Bank
of this funding requirement.
4 - 2 - 52
6/5/2012
Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D28
IV. Detailed Notes on all Funds (continued)
K. Credit Facility and Reimbursement Agreement - Timber Ridge Affordable Housing
Corporation (continued)
As required by the Reimbursement Agreement and for as long as the Credit Facility is
outstanding, the Corporation is required to have in effect a rate protection agreement at a
fixed interest rate acceptable to U.S. Bank in an amount equal to the then-outstanding
principal amount of the Credit Facility, with a floating rate payer acceptable to U.S. Bank.
The Corporation’s rate protection agreement is subsequently described.
L. Fund Balance Disclosures
The Town classifies governmental fund balances as follows:
Non-spendable – includes fund balance amounts inherently non-spendable since they
represent inventories, prepaid items, and long-term portions of loans receivable.
Spendable Fund Balance:
Restricted – includes fund balance amounts that are constrained for specific
purposes which are externally imposed by providers, such as creditors, or
amounts constrained due to constitutional provisions or enabling legislation.
Committed – includes fund balance amounts that are constrained for specific
purposes that are internally imposed by the government through formal action of
the highest level of decision making authority, which is the Town Council. The
Town’s original budget legislation begins with combining historical data,
assessment of needs for the upcoming year and the Town’s platform to review,
and/or make changes to each department’s budget. The budget is formally
presented to the Town Council via an advertised public process for review,
revisions and final approval by year-end. All subsequent budget requests made
during the year, after Town Council approval, must be presented via a public
process and again approved by Town Council.
Assigned – includes spendable fund balance amounts that are intended to be
used for specific purposes that are neither considered restricted nor committed.
Fund balance may be assigned by Town Council or its management designees.
Unassigned – includes residual positive fund balance within the General Fund,
which has not been classified within the other above mentioned categories.
Unassigned fund balance may also include negative balances for any
governmental fund if expenditures exceed amounts restricted, committed, or
assigned for those specific purposes.
The Town’s restricted amounts are to be spent first when both restricted and unrestricted
fund balance is available unless there are legal documents or contracts that prohibit this,
such as grant agreements that require dollar for dollar spending. Additionally, the Town
would first use committed, then assigned, and lastly unassigned amounts when
expenditures are made.
The Town has a minimum fund balance policy of 25% of annual General Fund revenues.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D29
V. Other Information
A. Pension Plans
The Town offers two defined contribution pension plans to cover all permanent paid
employees of the Town. The Town established these qualified money purchase pension
plans under Internal Revenue Code section 401(a), and may amend all of the plan
provisions. The first plan covers all full time and qualified seasonal employees other than
sworn police officers and firefighters; the second plan covers all full time and qualified
seasonal employees of the Town’s Police and Fire departments. The plan provisions are
the same for both plans.
In defined contribution plans, benefits depend solely on amounts contributed to the plans
plus investment earnings. Employees are eligible to participate in the plans from the date
of employment or the effective date of the plans, January 1, 1983, whichever is later.
The plans provide for contributions to be made by the Town of 12.6% of regular
compensation for the first year of employment and 17.6% thereafter. For employees
hired after April 1, 1986, the Town's contribution is 11.15% of regular compensation for
the first year, and 16.15% thereafter.
Employees have the option to make voluntary contributions of up to 10% of their
compensation. In the event of continued long-term disability of an employee, the Town's
disability insurance will continue to make contributions to the plan for the employee
through age 60 at the rate on the date of disability.
For employees hired before July 1, 1986, vesting of the Town's contributions is 77.5%
after the first year of employment with an additional vesting of 7.5% per year through the
fourth year, when vesting is 100%. For employees hired after June 30, 1986, vesting of
the Town's contributions to the employees is 20% after the first year of employment with
additional vesting of 20% per year through the fifth year, when vesting is 100%. If an
employee dies, becomes disabled, or attains the age of 60, their entire interest in the
plans becomes vested; normal retirement age is 60 with early retirement at age 50 and
four years of service.
In 1991, the Town established a defined contribution pension plan for seasonal
employees who work for the Town longer than 6 weeks. Seasonal employees are
required to contribute 6% of regular compensation to the plan and the Town contributes
1.5%. Seasonal employees are 100% vested after their first contribution.
Employees covered under the regular and seasonal pension plans do not participate in
the Social Security system.
The annual pension cost is the Town's contributions less forfeitures from the prior year.
The plans' invested assets at December 31, 2011 of $42,268,165 are stated at market
value. All earnings, losses, expenses and changes in the fair market value of the trust
fund will be apportioned at least annually among the participants in proportion to each
participant's current share of the Trust Investment Fund. The Town has no liability for
unfunded future vested employee benefits.
The trustees and administrators of the plans are the Retirement Board. The Retirement
Board determines investment options made available to participants, in adherence with
an adopted investment policy statement.
The total amount of the Town’s 2011 covered payroll was $14,920,230 of which
$12,818,461 was for permanent employees and $2,101,769 was for seasonal staff. Total
2011 payroll for all Town employees was $16,130,474
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D30
V. Other Information (continued)
B. Retirement Savings Plan - Deferred Compensation Plan - IRC 457
The Town offers its employees a deferred compensation plan (the “457 Plan”) created in
accordance with Internal Revenue Code section 457. The 457 Plan, available to all Town
employees, permits them to defer a portion of their salary until future years. The deferred
compensation is not available to employees until termination, retirement, death, or
unforeseeable emergency.
All amounts of compensation deferred under the 457 Plan, all property and rights
purchased with those amounts, and all income attributable to those amounts, property, or
rights are to be held in trust for the exclusive benefit of the 457 Plan participants and their
beneficiaries.
The modified accrual basis of accounting is used for the 457 Plan.
The trustees and administrators of the 457 Plan are the Retirement Board, which
comprises members of the Town’s administration. The Retirement Board determines
investment options made available to participants, in adherence to an adopted
investment policy statement.
The Town has no liability for losses under the 457 Plan but does have the duty of due
care that would be required of an ordinary prudent investor.
The total assets of the 457 Plan were $8,674,592 at December 31, 2011. The assets
were invested in mutual funds, as previously described.
Pursuant to the Town’s adoption of GASB Statement No. 32, Accounting and Financial
Reporting for Internal Revenue Code Section 457 Deferred Compensation Plans, the 457
Plan has been included in these financial statements as an expendable trust fund.
C. Cafeteria Plan
The Town offers a cafeteria compensation plan organized under section 125 of the
Internal Revenue Code, which includes dependent care and health expense
reimbursement. No cost to the Town is recognized as the plan is a salary reduction plan.
D. Risk Management
The Town is exposed to various risks of loss related to workers compensation, general
liability, unemployment, torts, theft of, damage to, and destruction of assets, and errors
and omissions. The Town carries commercial coverage for these risks and claims and
does not expect claims to exceed their coverage.
E. Commitments and Contingencies
1. Legal Claims
During the normal course of business, the Town may incur claims and other
assertions against it from various agencies and individuals. Management of the
Town and their legal representatives feel none of these claims or assertions are
significant enough that they would materially affect the fairness of the
presentation of the financial statements at December 31, 2011.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D31
V. Other Information (continued)
E. Commitments and Contingencies (continued)
2. Federal Funds
Funds received from Federal grants and programs are subject to audit and
disallowance on ineligible costs. Management of the Town feels any potential
questioned or disallowed costs would not materially affect the fairness of the
presentation of the financial statements at December 31, 2011.
F. Rate Protection Agreement - Timber Ridge Affordable Housing Corporation
In connection with the issuance of the 2003A Bonds and as required by the
Reimbursement Agreement, the Corporation entered into rate protection agreements
which limit the Corporation’s interest payable on the 2003A Bonds for specific periods.
Fees paid by the Corporation under these arrangements have been capitalized as Bond
Issue Costs.
Effective April 30, 2008, the Corporation’s existing Rate Protection Agreement with
SMBC Derivative Products Limited (“SMBC”) was revised in that SMBC agreed to limit
the Corporation’s interest payable on the 2003A Bonds to 5.5% per annum through May
1, 2010. SMBC was paid a fee of $14,650 in 2008 for this service, which has been
capitalized as Bond Issue Costs.
Effective May 5, 2010, the Corporation entered into a Rate Protection Agreement with
U.S. Bank National Association (“U.S. Bank”) whereby U.S. Bank agreed to limit the
Corporation’s interest payable on the 2003A Bonds to 5.5% per annum through May 1,
2011. During 2010, U.S. Bank was paid a $4,000 fee for its services under the Rate
Protection Agreement, which has been capitalized as Bond Issue Costs.
Effective May 5, 2011, the Corporation entered into a Rate Protection Agreement with
U.S. Bank National Association (“U.S. Bank”) whereby U.S. Bank agreed to limit the
Corporation’s interest payable on the 2003A Bonds to 5.5% per annum through May 1,
2012. During 2011, U.S. Bank was paid a $3,500 fee for its services under the Rate
Protection Agreement, which has been capitalized as Bond Issue Costs.
During 2011 and 2010, the Corporation did not receive a reimbursement under the rate
protection agreement, as the Corporation’s interest rate payable on the 2003A Bonds
was less than 5.5% per annum.
G. Related Party Transactions - Vail Local Marketing District
The District has executed a Coordination Agreement with Vail Valley Partnership (“VVP”)
under which VVP provides some marketing coordination services to the District in return
for a fixed fee. The District paid VVP $40,000 for its services in 2011. The Coordination
Agreement also requires the District to pay a fixed fee to the Town for accounting
services and marketing coordination provided by the Town. Fees totaling $20,000 for
accounting services and $85,000 for marketing coordination were incurred by the District
during 2011 from the Town.
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Town of Vail, Colorado
Notes to the Financial Statements
December 31, 2011
(Continued)
D32
V. Other Information (continued)
H. Conduit Debt - Town of Vail, Colorado Multifamily Housing Revenue Bonds (Middle
Creek Village Apartments Project), Series 2003A, 2003B and 2003-T
These bonds were issued in 2003 in an aggregate principal amount of $16,850,000 to
finance construction of multi-family housing projects within the Town. The bonds mature
in 2038. The bonds are solely payable from, and are secured by, a pledge of revenue
from loan agreements between the Town and Middle Creek Village, LLC (as borrower).
The borrower’s obligation is secured by Deeds of Trust, Security Agreements, Financing
Statements and assignment of rents and leases. The bonds are a special limited
obligation of the Town, payable solely from the specified revenues of the projects, and do
not constitute debt or indebtedness of the Town.
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REQUIRED SUPPLEMENTARY INFORMATION
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Taxes:
General sales taxes10,310,000 10,859,000 10,859,000 - 10,143,624
Property and ownership taxes5,055,000 5,055,000 5,031,770 (23,230) 4,951,386
Ski area lift ticket admissions tax3,193,000 3,193,000 3,529,125 336,125 3,357,717
Franchise tax1,045,965 1,045,965 1,039,185 (6,780) 1,023,398
Penalties and interest on delinquent taxes41,438 41,438 33,954 (7,484) 17,027
Total - Taxes 19,645,403 20,194,403 20,493,034 298,631 19,493,152
Permits and Licenses:
Construction fees673,250 923,250 985,377 62,127 1,272,606
Contractors' licenses15,000 73,000 76,015 3,015 34,983
Other permits and licenses43,950 43,950 75,574 31,624 79,748
Total - Permits and Licenses 732,200 1,040,200 1,136,966 96,766 1,387,337
Intergovernmental:
County sales tax540,800 540,800 631,724 90,924 546,335
County road and bridge500,000 860,000 862,559 2,559 851,934
Additional motor vehicle registration fees24,000 24,000 23,939 (61) 25,300
Cigarette tax 80,000 80,000 74,077 (5,923) 72,745
Highway users tax180,000 180,000 214,409 34,409 215,036
State health inspection8,240 8,240 10,379 2,139 11,787
Other state sources - 3,090 19,732 16,642 10,758
Federal sources191,025 191,025 229,372 38,347 195,226
Total - Intergovernmental 1,524,065 1,887,155 2,066,191 179,036 1,929,121
Charges for Services:
Management fees - Vail
Local Marketing District95,000 95,000 105,000 10,000 105,000
Internal service charge376,900 357,900 381,797 23,897 496,555
Out of district fire response30,000 130,192 137,248 7,056 36,798
Alarm monitoring fees30,000 30,000 25,487 (4,513) 28,127
Parking 4,911,500 4,411,500 4,023,940 (387,560) 5,037,042
Fines and forfeitures305,000 305,000 265,575 (39,425) 271,561
Rents 869,816 869,816 895,872 26,056 862,151
Other charges, services, and sales171,062 296,562 312,810 16,248 209,147
Total - Charges for Services 6,789,278 6,495,970 6,147,729 (348,241) 7,046,381
Other Revenues:
Earnings on investments194,000194,000189,591 (4,409) 119,049
Other 161,658 375,097 477,102 102,005 386,271
Total - Other Revenues 355,658 569,097 666,693 97,596 505,320
Total Revenues 29,046,604 30,186,825 30,510,613 323,788 30,361,311
2011
Town of Vail, Colorado
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
With Comparative Totals For the Year Ended December 31, 2010
The accompanying notes are an integral part of these financial statements.
E1
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Expenditures:
General Government:
Town officials 1,295,8601,435,657 1,279,098 156,559 1,162,640
Administrative 3,306,5653,369,444 3,227,937 141,507 3,043,095
Community development1,644,7651,731,933 1,494,045 237,888 1,722,407
Total - General Government 6,247,190 6,537,034 6,001,080 535,954 5,928,142
Public Safety:
Police department 5,128,9775,234,856 4,817,088 417,768 4,802,283
Fire department 2,981,1363,094,891 3,081,027 13,864 2,817,132
Total - Public Safety 8,110,113 8,329,747 7,898,115 431,632 7,619,415
Public Works and Transportation:
Highways and streets3,553,226 3,613,940 3,465,263 148,677 3,530,332
Transportation 3,664,297 3,803,571 3,736,484 67,087 3,569,718
Parking operations 997,430 1,075,694 1,001,388 74,306 925,925
Facility maintenance3,574,519 3,460,189 3,158,935 301,254 3,178,278
Total - Public Works and Transportation 11,789,472 11,953,394 11,362,070 591,324 11,204,253
Culture and Recreation:
Contributions, marketing and special events1,533,256 1,800,158 1,795,886 4,272 1,471,156
Special recreation facilities158,800 158,800 165,512 (6,712) 137,518
Library 800,579 803,360 782,557 20,803 794,879
Total - Culture and Recreation 2,492,635 2,762,318 2,743,955 18,363 2,403,553
Total Expenditures 28,639,410 29,582,493 28,005,220 1,577,273 27,155,363
Excess of Revenues
Over Expenditures 407,194 604,332 2,505,393 1,901,061 3,205,948
Other Financing Sources (Uses):
Transfers out - (1,845,800) (1,845,800) - (3,742,673)
Total Other Financing Sources (Uses)- (1,845,800) (1,845,800) - (3,742,673)
Net Change in Fund Balances 407,194 (1,241,468) 659,593 1,901,061 (536,725)
Fund Balances - January 1 20,340,414 22,886,692 22,886,692 - 23,423,417
Fund Balances - December 31 20,747,608 21,645,224 23,546,285 1,901,061 22,886,692
(Continued)
2011
Town of Vail, Colorado
General Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
With Comparative Totals For the Year Ended December 31, 2010
The accompanying notes are an integral part of these financial statements.
E2
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Taxes:
Sales tax 6,590,000 6,941,000 8,956,252 2,015,252 7,712,020
Construction use tax500,000 731,000 721,002 (9,998) 1,103,118
Total - Taxes 7,090,000 7,672,000 9,677,254 2,005,254 8,815,138
Intergovernmental:
State grants - 10,000 - (10,000) -
Federal grants1,428,000 2,176,364 1,205,465 (970,899) 3,576,818
Total - Intergovernmental 1,428,000 2,186,364 1,205,465 (980,899) 3,576,818
Charges for Services:
Leases - Vail Commons184,500 184,500 192,710 8,210 183,170
Resale fees - - 12,483 12,483 27,398
Total - Charges for Services 184,500 184,500 205,193 20,693 210,568
Other:
Interest on investments - - 111,166 111,166 60,377
Project reimbursements/shared costs- 1,086,163 1,015,645 (70,518) 782,522
Construction fees - 250,000 249,217 (783) 831,764
Workforce housing sales and other- - - - 816,631
Total - Other - 1,336,163 1,376,028 39,865 2,491,294
Total Revenues 8,702,500 11,379,027 12,463,940 1,084,913 15,093,818
Expenditures:
Public Works:
Capital projects and acquisition15,510,259 28,932,777 18,127,736 10,805,041 11,507,388
Excess (Deficiency) of Revenues
Over Expenditures (6,807,759) (17,553,750) (5,663,796) 11,889,954 3,586,430
Other Financing Sources (Uses):
Sale of assets - - 18,832 18,832 600
Transfers in 8,520,319 11,457,834 9,003,960 (2,453,874) 4,813,038
Transfers (out)(2,279,572) (2,279,572) (2,279,574) (2) (2,273,957)
Total Other Financing Sources (Uses)6,240,747 9,178,262 6,743,218 (2,435,044) 2,539,681
Net Change in Fund Balances (567,012) (8,375,488) 1,079,422 9,454,910 6,126,111
Fund Balances - January 1 6,842,351 19,279,317 19,279,317 - 13,153,206
Fund Balances - December 31 6,275,339 10,903,829 20,358,739 9,454,910 19,279,317
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Special Revenue Funds
Capital Projects Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Taxes:
Real estate transfer tax4,670,000 4,270,000 4,403,706 133,706 6,950,702
Intergovernmental Revenue:
Lottery revenue 20,000 20,000 22,826 2,826 21,724
Other county revenue - - - - 6,324
Other State revenue - 161,000 161,203 203 5,379
Other Federal grants - - - - 13,100
Total - Intergovernmental Revenue 20,000 181,000 184,029 3,029 46,527
Charges for Services:
Recreation amenities fee10,000 10,000 9,740 (260) 39,181
Land lease to Vail Recreation District124,400 124,400 126,768 2,368 126,768
Total - Charges for Services 134,400 134,400 136,508 2,108 165,949
Other:
Project reimbursements - 442,950 406,329 (36,621) 72,902
Donations - - 20,200 20,200 33,075
Interest on investments15,879 15,879 126,562 110,683 81,801
Other - 2,038 2,726 688 8,506
Total - Other 15,879 460,867 555,817 94,950 196,284
Total Revenues 4,840,279 5,046,267 5,280,060 233,793 7,359,462
Expenditures:
Culture and Recreation:
Project management 233,500 213,500 220,185 (6,685) 347,534
Park maintenance 1,317,340 1,307,126 1,229,538 77,588 1,198,869
Environmental sustainability250,000 207,975 174,605 33,370 178,431
Art in public places 89,371 90,390 81,022 9,368 94,072
Public Works:
Capital projects 7,489,383 11,793,637 4,360,230 7,433,407 1,870,194
Public Safety
Fire suppression 145,000 145,000 92,067 52,933 206,154
Total Expenditures 9,524,594 13,757,628 6,157,647 7,599,981 3,895,254
Excess (Deficiency) of Revenues
Over Expenditures (4,684,315) (8,711,361) (877,587) 7,833,774 3,464,208
Other Financing Sources (Uses):
Transfers in - 515,000 515,000 - -
Transfers (out)- (32,964) (32,964) - -
Total Other Financing Sources (Uses)- 482,036 482,036 - -
Net Change in Fund Balances (4,684,315) (8,229,325) (395,551) 7,833,774 3,464,208
Fund Balances - January 1 12,008,885 17,681,155 17,681,155 - 14,216,947
Fund Balances - December 31 7,324,570 9,451,830 17,285,604 7,833,774 17,681,155
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Special Revenue Funds
Real Estate Transfer Tax Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Interest on investments46,800 46,800 65,787 18,987 40,350
Total Revenues 46,800 46,800 65,787 18,987 40,350
Expenditures:
Economic Development
Capital outlay - 100,000 - 100,000 -
Total Expenditures - 100,000 - 100,000 -
Other Financing Sources (Uses):
Transfers (out)- (515,000) (515,000) - -
Total Other Financing Sources (Uses)- (515,000) (515,000) - -
Net Change in Fund Balances 46,800 (568,200) (449,213) 118,987 40,350
Fund Balances - January 1 9,371,154 9,365,004 9,365,004 - 9,324,654
Fund Balances - December 31 9,417,954 8,796,804 8,915,791 118,987 9,365,004
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Special Revenue Funds
Conference Center Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Permits and Licenses:
Business licenses317,000332,000332,104 104 314,452
Other:
Interest on investments - - 1,874 1,874 1,083
Total Revenues 317,000 332,000 333,978 1,978 315,535
Expenditures:
Economic Development:
Commission on Special Events300,000300,000299,001 999 268,000
Administration fee 16,10017,10016,605 495 15,723
Total Expenditures 316,100 317,100 315,606 1,494 283,723
Excess (Deficiency) of Revenues
Over Expenditures 900 14,900 18,372 3,472 31,812
Fund Balances - January 1 127,759138,171138,171- 106,359
Fund Balances - December 31 128,659 153,071 156,543 3,472 138,171
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Special Revenue Funds
Vail Marketing Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Original and Variance
Final Positive
Budget Actual (Negative)Actual
Revenues:
Taxes:
Lodging tax 1,745,000 2,145,988 400,988 1,954,713
Other:
Interest on investments 1,200 857 (343) 1,084
Total - Other 1,200 857 (343) 1,084
Total Revenues 1,746,200 2,146,845 400,645 1,955,797
Expenditures:
Economic Development:
Destination 445,650380,65864,992 180,008
Front Range 347,000342,3954,605 256,948
Groups and meetings 330,000318,24111,759 274,482
Marketing 482,100505,718(23,618) 508,625
Special Events - 108,500(108,500) -
Purchased services 395,000285,000110,000 453,300
Total Expenditures 1,999,750 1,940,512 59,238 1,673,363
Excess (Deficiency) of Revenues Over Expenditures (253,550) 206,333 459,883 282,434
Fund Balances - January 1 855,364 855,364 - 572,930
Fund Balances - December 31 601,814 1,061,697 459,883 855,364
With Comparative Totals For the Year Ended December 31, 2010
Town of Vail, Colorado
Special Revenue Funds
Vail Local Marketing District
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Other:
Property tax 4,088,647 3,359,647 3,366,594 6,947 2,370,229
Interest on investments50,000 50,000 35,873(14,127) 3,971
Interest Subsidy (Build America Bonds)190,463 190,463 194,1653,702 -
Total Revenues 4,329,110 3,600,110 3,596,632 (3,478) 2,374,200
Expenditures:
Economic Development:
Administration 72,240 72,240 57,706 14,534 39,906
Treasurer's fees 122,659 122,659 101,001 21,658 71,113
Professional fees 25,000 25,000 2,125 22,875 -
Vail Square Metro District462,348 462,348 466,843 (4,495) 365,558
Capital Outlay - - - - 1,859
Total Economic Development:682,247 682,247 627,675 54,572 478,436
Debt Service:
Principal 250,000 250,000 250,000 - -
Interest 676,676 676,676 676,675 1 -
Fiscal agent fees 2,200 2,200 2,200 - -
Total Debt Service:928,876 928,876 928,875 1 -
Total Expenditures 1,611,123 1,611,123 1,556,550 54,573 478,436
Excess (Deficiency) of Revenues
Over Expenditures 2,717,987 1,988,987 2,040,082 51,095 1,895,764
Other Financing Sources (Uses):
Debt proceeds - - - - 11,940,000
Issuance costs - - - - (236,893)
Issuance premium - - - - 63,427
Transfers out (8,520,319) (9,579,070) (7,125,196) 2,453,874 (1,070,365)
Total Other Financing Sources (Uses)(8,520,319) (9,579,070) (7,125,196) 2,453,874 10,696,169
Net Change in Fund Balances (5,802,332) (7,590,083) (5,085,114) 2,504,969 12,591,933
Fund Balances - January 1 15,126,522 15,229,105 15,229,105 - 2,637,172
Fund Balances - December 31 9,324,190 7,639,022 10,143,991 2,504,969 15,229,105
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Special Revenue Funds
Vail Reinvestment Authority
Schedule of Revenues, Expenditures and Changes in Fund Balances
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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SUPPLEMENTARY INFORMATION
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6/5/2012
2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Revenues:
Other:
Interest on investments- - 12,973 12,973 4,728
Total Revenues - - 12,973 12,973 4,728
Expenditures:
Debt Service:
Principal 2,115,000 2,115,000 2,115,000 - 2,035,000
Interest 165,681 165,681 165,682 (1) 238,331
Fiscal agent fees4,000 4,000 500 3,500 500
Total Expenditures 2,284,681 2,284,681 2,281,182 3,499 2,273,831
(Deficiency) of Revenues
Over Expenditures (2,284,681) (2,284,681) (2,268,209) 16,472 (2,269,103)
Other Financing Sources:
Transfers in 2,279,572 2,279,572 2,279,574 2 2,273,957
Total Other Financing Sources (Uses 2,279,572 2,279,572 2,279,574 2 2,273,957
Net Change in Fund Balances (5,109) (5,109) 11,365 16,474 4,854
Fund Balances - January 1 186,056 186,056 194,282 8,226 189,428
Fund Balances - December 31 180,947 180,947 205,647 24,700 194,282
Town of Vail, Colorado
Debt Service Fund
Schedule of Revenues, Expenditures and Changes in Fund Balances
For the Year Ended December 31, 2011
With Comparative Totals For the Year Ended December 31, 2010
2011
Budget (GAAP Basis) and Actual
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Operating Revenues:
Rent 1,672,160 1,528,708 1,520,426 (8,282) 2,286,910
Laundry room lease 24,255 12,900 11,869 (1,031) 17,607
Other 300 9,237 9,508 271 6,763
Total Operating Revenues 1,696,715 1,550,845 1,541,803 (9,042) 2,311,280
Operating Expenses:
Advertising 7,500 14,003 17,502 (3,499) 7,627
Office expenses 13,040 9,322 8,440 882 12,975
Management fee 90,000 70,000 70,000 - 90,000
Telecommunications 5,940 6,148 6,765 (617) 7,246
Wages - Administrative59,400 83,303 87,293 (3,990) 77,458
Wages - Maintenance and other130,428 128,507 132,250 (3,743) 120,898
Repairs and maintenance79,400 92,868 89,545 3,323 81,413
Electric 32,000 57,476 58,887 (1,411) 44,663
Water and sewer 130,150 127,438 125,868 1,570 125,611
Trash removal 26,400 22,260 21,654 606 18,256
Snow removal 37,000 28,939 31,181 (2,242) 30,952
Fire, life, safety, and security4,050 6,683 6,975 (292) 2,478
Property insurance 67,892 64,992 64,992 - 65,810
Professional fees 8,600 8,500 8,500 - 8,250
Bad debt expense - 2,951 3,701 (750) (750)
Miscellaneous 2,900 2,595 2,322 273 2,101
Capital maintenance and replacement155,000 106,134 23,817 82,317 46,491
Depreciation 519,264 519,264 519,974 (710) 519,267
Total Operating Expenses 1,368,964 1,351,383 1,279,666 71,717 1,260,746
Operating Income (Loss)327,751 199,462 262,137 62,675 1,050,534
Non-operating Revenues (Expenses):
Interest on investments 9,984 7,355 7,106 (249) 9,416
Interest expense (166,823) (73,506) (70,573) 2,933 (80,225)
Financing fees (262,772) (262,381) (262,459) (78) (267,793)
Amortization of bond issue costs(38,256) (37,146) (36,592) 554 (39,121)
Total Non-operating Revenue (Expenses)(457,867) (365,678) (362,518) 3,160 (377,723)
Change in Net Assets (130,116) (166,216) (100,381) 65,835 672,811
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Enterprise Fund
Timber Ridge Affordable Housing Corporation
Schedule of Revenues, Expenses, and Changes in Net Assets
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Operating Revenues:
Charges and Fees:
Dispatch service fee537,827 537,827 537,827 - 520,411
Dispatching contracts1,214,925 1,214,925 1,214,926 1 1,158,151
Other charges - - 89 89 15,741
Total Operating Revenues 1,752,752 1,752,752 1,752,842 90 1,694,303
Operating Expenses:
Public Safety:
Salaries and benefits1,849,958 1,849,958 1,705,469 144,489 1,702,928
Operating expenses519,006 519,006 435,038 83,968 463,094
Capital outlay 800,000 870,000 736,841 133,159 43,571
Total Operating Expenses 3,168,964 3,238,964 2,877,348 361,616 2,209,593
Operating (Loss) - Budget Basis (1,416,212) (1,486,212) (1,124,506) 361,706 (515,290)
Non-operating Revenues:
Other State Revenues - - 4,386 4,386 -
Operating grant - E-911 Board743,656 743,656 743,656 - 750,440
Earnings on investments7,500 7,500 9,891 2,391 6,735
Total Non-operating Revenues 751,156 751,156 757,933 6,777 757,175
Change in Net Assets - Budget Basis (665,056) (735,056) (366,573) 368,483 241,885
Reconciliation to GAAP Basis:
Adjustments:
Change in compensated absences 17,017 (13,751)
Depreciation (215,914) (226,655)
Capitalized assets 736,841 43,571
Total Adjustments 537,944 (196,835)
Change in Net Assets - GAAP Basis 171,371 45,050
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Enterprise Fund
Dispatch Services Fund
Schedule of Revenues, Expenses, and Changes in Net Assets
Budget (Non-GAAP Basis) and Actual with Reconciliation to GAAP Basis
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Operating Revenues:
Charges and Fees:
Operating charges2,128,7442,258,7442,250,636(8,108) 2,072,053
Replacement charges565,337565,337563,763(1,574) 717,336
Total - Charges and Fees 2,694,081 2,824,081 2,814,399 (9,682) 2,789,389
Other:
Insurance reimbursements- 43,240 31,635(11,605) 29,660
Other - - 39,76539,765 16,712
Total - Other - 43,240.000 71,400 28,160 46,372
Total Operating Revenues 2,694,081 2,867,321 2,885,799 18,478 2,835,761
Operating Expenses:
Public Works:
Vehicle maintenance and fuel2,185,9292,315,9292,378,703 (62,774) 2,117,235
Capital outlay 1,007,872 1,148,288 609,946 538,343 941,615
Total Operating Expenses 3,193,801 3,464,217 2,988,649 475,568 3,058,850
Operating Income (Loss) - Budget Basis (499,720) (596,896) (102,850) 494,046 (223,089)
Non-operating Revenues:
Earnings on investments10,32410,32414,1653,841 10,159
Proceeds from sale of assets203,550203,550106,494(97,056) 121,734
Total Non-operating Revenues:213,874 213,874 120,659 (93,215) 131,893
Change in Net Assets - Budget Basis (285,846) (383,022) 17,809 400,831 (91,196)
Reconciliation to GAAP Basis:
Adjustments:
Net book value of disposed assets (5,548) (98,931)
Depreciation (602,354) (564,862)
Change in accrued compensated absences (2,715) 4,623
Capitalized assets 609,946 941,615
Total Adjustments (671) 282,445
Change in Net Assets - GAAP Basis 17,138 191,249
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Internal Service Funds
Heavy Equipment Fund
Schedule of Revenues, Expenses, and Changes in Net Assets
Budget (Non-GAAP Basis) and Actual with Reconciliation to GAAP Basis
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Final Budget
Variance
Original Final Positive
Budget Budget Actual (Negative)Actual
Operating Revenues:
Charges and Fees:
Insurance premiums2,565,0002,565,0002,589,51624,516 2,540,066
Insurance premiums - Employee contributions410,000410,000408,081(1,919) 353,022
Insurer proceeds 270,000 620,000592,802(27,198) 680,429
Total Operating Revenues 3,245,000 3,595,000 3,590,399 (4,601) 3,573,517
Operating Expenses:
General Government:
Health claims 2,990,0003,340,0003,360,952(20,952) 3,278,644
Premiums 360,000360,000346,73813,262 367,094
Administrative fees 20,00020,00020,000- 20,000
Short-term disability payments35,00035,00014,975 20,025 35,758
Total Operating Expenses 3,405,000 3,755,000 3,742,665 12,335 3,701,496
Operating Income (Loss)(160,000) (160,000) (152,266) 7,734 (127,979)
Non-operating Revenues:
Earnings on investments10,00010,0007,532(2,468) 5,934
Change in Net Assets (150,000) (150,000) (144,734) 5,266 (122,045)
With Comparative Totals For the Year Ended December 31, 2010
2011
Town of Vail, Colorado
Internal Service Funds
Health Insurance Fund
Schedule of Revenues, Expenses, and Changes in Net Assets
Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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Heavy Health
Equipment Insurance
Fund Fund Total
Assets:
Current Assets:
Equity in pooled cash and investments2,034,231 965,034 2,999,265
Accounts receivable, net of allowance for uncollectibles4,935 224,998 229,933
Inventory 285,702 - 285,702
Total Current Assets 2,324,868 1,190,032 3,514,900
Non-current Assets:
Property, plant, and equipment, net of
accumulated depreciation 3,437,262 - 3,437,262
Total Assets 5,762,130 1,190,032 6,952,162
Liabilities:
Current Liabilities:
Accounts payable 12,990 235,645 248,635
Accrued salaries and wages 41,664 - 41,664
Current portion of compensated absences22,864 - 22,864
Total Current Liabilities 77,518 235,645 313,163
Non-current Liabilities:
Compensated absences, net of current portion34,298 - 34,298
Total Liabilities 111,816 235,645 347,461
Net Assets:
Invested in capital assets, net of related debt3,437,262 - 3,437,262
Unrestricted 2,213,052 954,387 3,167,439
Total Net Assets 5,650,314 954,387 6,604,701
Town of Vail, Colorado
Internal Service Funds
Combining Statement of Net Assets
December 31, 2011
The accompanying notes are an integral part of these financial statements.
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Heavy Health
Equipment Insurance
Fund Fund Total
Operating Revenues:
Charges for services - Internal2,814,399 2,589,516 5,403,915
Charges for services - External - 408,081 408,081
Insurance reimbursements 31,635 592,802 624,437
Other 39,765 - 39,765
Total Operating Revenues 2,885,799 3,590,399 6,476,198
Operating Expenses:
Operations 2,381,418 - 2,381,418
Health claims and premiums - 3,742,665 3,742,665
Depreciation 602,354 - 602,354
Total Operating Expenses 2,983,772 3,742,665 6,726,437
Operating Income (Loss)(97,973) (152,266) (250,239)
Non-operating Revenues (Expenses):
Gain (loss) on disposal of assets100,946 - 100,946
Investment income 14,165 7,532 21,697
Total Non-operating Revenues (Expenses) 115,111 7,532 122,643
Change in Net Assets 17,138 (144,734) (127,596)
Net Assets - January 1 5,633,176 1,099,121 6,732,297
Net Assets - December 31 5,650,314 954,387 6,604,701
Town of Vail, Colorado
Internal Service Funds
Combining Statement of Revenues, Expenses and Changes in Fund Net Assets
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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Heavy Health
Equipment Insurance
Fund Fund Total
Cash Flows From Operating Activities:
Cash received from other funds 2,814,399 2,589,516 5,403,915
Other cash receipts 76,988 916,700 993,688
Cash paid for goods and services (1,450,803) (3,897,776) (5,348,579)
Cash paid to employees (952,724) (4,345) (957,069)
Net Cash Provided (Used) by Operating Activities 487,860 (395,905) 91,955
Cash Flows From Capital and Related Financing Activities:
Cash received from sale of fixed assets 106,494 - 106,494
Acquisition and construction of capital assets(609,946) - (609,946)
Net Cash Provided (Used) by Capital and -
Related Financing Activities (503,452) - (503,452)
Cash Flows From Investing Activities:
Interest on Investments 14,165 7,532 21,697
Net Cash Provided (Used) by Investing Activities 14,165 7,532 21,697
Net Change in Cash and Cash Equivalents (1,427) (388,373) (389,800)
Cash and Cash Equivalents - Beginning 2,035,658 1,353,407 3,389,065
Cash and Cash Equivalents - Ending 2,034,231 965,034 2,999,265
Reconciliation of Operating Income (Loss) to Net Cash
Provided (Used) by Operating Activities:
Operating income (loss)(97,973) (152,266) (250,239)
Adjustments:
Depreciation 602,354 - 602,354
(Increase) decrease in accounts receivable5,589 (84,183) (78,594)
(Increase) decrease in inventory 26,315 - 26,315
Increase (decrease) in accounts payable(53,439) (159,456) (212,895)
Increase (decrease) in accrued wages and benefits5,014 - 5,014
Total Adjustments 585,833 (243,639) 342,194
Net Cash Provided (Used) by Operating Activities 487,860 (395,905) 91,955
Town of Vail, Colorado
Internal Service Funds
Combining Statement of Cash Flows
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
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2010
Variance
Project Final Positive
Number Project Name Budget Actual (Negative)Actual
CBI005Library Roof Replacement102,840 - 102,840 390,615
CBI010Fire Infrastructure / West Vail Fire Stn2,003,618 1,890,760 112,858 3,296,382
CEP001Fire Truck Purchase 253,917 253,900 17 316,083
CEP004Replace Buses3,486,614 2,240,636 1,245,978 -
CEP005Hardware Purchases145,000 105,450 39,550 95,158
FED021LiveScan System (Police)14,250 14,250 - 14,250
FED026Virtual Briefing System (Police)10,000 9,095 905 -
CEP008Parking Entry System55,000 53,195 1,805 75,123
CEP010Network Upgrades21,000 18,010 2,990 34,693
CEP011Document Imaging130,636 141,681 (11,045) 115,956
CEP017Radio Tower Equipment30,000 - 30,000 -
CEP018Web and E-commerce39,000 6,300 32,700 -
CEP019Computer-Aided Dispatch (CAD/RMS)57,000 60,690 (3,690) 69,204
CEP022Audio Visual 41,996 60,136 (18,140) 1,883
CEP031Software Licensing33,640 30,348 3,292 18,323
CEP033Data Centers / Computer Rooms15,000 8,950 6,050 7,117
CEP035Comm Dev Arc/GIS System16,000 - 16,000 3,472
CEP036Business Systems225,000 - 225,000 -
CEP037Library Self Check RFID System- - - 83,673
CHP001Buy-Down Program1,019,921 - 1,019,921 -
CHP005Creekside Housing Improvements160,000 136,525 23,475 110,581
CHP006Loan Guarantee - Timber Ridge925,000 - 925,000 -
CHP007Timber Ridge Legal / Zoning50,000 32,685 17,315 65,243
CHP018Arosa Drive Duplex - Empl Housing- - - 297,393
CMT003Bus Shelter Replacement Program27,900 735 27,165 1,046
CMT004Capital Street Maintenance1,215,979 874,501 341,478 270,321
CMT005Facility Capital 625,000 495,201 129,799 231,246
CMT007Parking Structure Maintenance504,000 333,873 170,127 246,985
CMT009Environmental Improvements3,122,715 1,989,694 1,133,021 -
CMT011Vail Village Inn Homeowners Roof Assessmt17,000 17,000 - 17,000
CMT012Flood Repairs 543,748 194,556 349,192 992
CMT010Underground Utilities273,000 151,800 121,200 -
COT002Street Light Improvement Program67,500 53,840 13,660 67,496
COT004Fiber-Optics in Buildings17,000 2,251 14,749 24,375
COT011I-70 Noise Mitigation378,140 27,957 350,183 5,040
COT018Chamonix Area Plan92,600 90,800 1,800 38,944
CSC010Way-Finding Improvements100,000 50,046 49,954 23,381
CSC011West Meadow Drive - - - 19,555
CSC012Village Streetscape172,429 86,111 86,318 594,961
CSR007Neighborhood Road Reconstruction2,038,701 229,206 1,809,495 195,055
CSR008Neighborhood Bridges1,195,882 144,067 1,051,815 4,118
CSI001Manor Vail Development83,800 - 83,800 -
VRA001LionsHead Transit Center - VRA Funded1,419,945 1,419,945 - 4,410,909
VRA002LionsHead Welcome Center - VRA Funded7,534,706 6,595,914 938,792 358,294
VRA003LionsHead Parking Addition - VRA Funded- - - 2,521
VRA004Library Remodel174,500 72,772 101,728 -
VRA005East LionsHead Portal200,000 158,711 41,289 -
VRA006West LionsHead Portal75,000 52,500 22,500 -
VRA007Guest Services Enhancements217,800 23,645 194,156 -
Total 28,932,777 18,127,736 10,805,042 11,507,388
2011
Town of Vail, Colorado
Special Revenue Funds
Capital Projects Fund
Schedule of Project Expenditures - Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
With Comparative Totals For the Year Ended December 31, 2010
The accompanying notes are an integral part of these financial statements.
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2010
Variance
Project Final Positive
Number Project Name Budget Actual (Negative)Actual
CCF001Golf Clubhouse Redevelopment340,000 2,071 337,929 -
CCF002Ford Park Fields Redevelopment175,000 1,400 173,600 -
RFP005Alpine Gardens Contribution65,620 65,620 - 55,620
RFP006Ford Park Master Plan - Improvements2,332,924 76,739 2,256,185 145,093
RFP009Ford Park - Improvements200,000 - 200,000 -
RGT002GOCO Grant - Red Sandstone Playground161,000 154,826 6,174 -
RMG001Project Management - 200 (200) 200
RMG002Environmental: Solid Waste 28,862 1,496 27,366 1,265
RMG003Environmental: Ecosystem Health27,989 22,542 5,447 460
RMG004Environmental: Public Education2,636 1,715 921 1,610
RMG005Environmental: Energy & Transportation35,884 20,534 15,350 69,960
RMT013Environmental Sustainability6,004 6,004 - 1,508
RMT001Recreation Path Maintenance141,177 68,675 72,502 119,241
RMT002Tree Maintenance 85,000 50,111 34,889 57,331
RMT005Street Furniture - Streetscape22,500 1,106 21,394 22,472
RMT006Black Gore Creek Sand Mitigation75,600 75,600 - 55,477
RMT009Park/Playground Capital Maintenance111,891 118,920 (7,029) 94,609
RMT010Stream Tract Encroachment Survey14,081 3,980 10,101 -
RMT012Forest Health Management - - - 29
RMT015Greenhouse - - - 1,576
RMT016Ford Park / Tennis Center Improvements433,753 91,198 342,555 84,656
RMT018Dobson Ice Arena 359,316 16,037 343,279 58,843
RMT019Gymnastics Center 25,000 2,098 22,902 -
RMT020Golf Course Irrigation Project - - - 23,405
RMT021Golf Course Clubhouse & Other1,265,966 5,922 1,260,044 23,349
RMT022Recreation Enhancement Account (VRD)377,900 - 377,900 -
RMT023Youth Services 25,000 25,000 - -
RMT025Nature Center 5,529 - 5,529 4,471
RMT026Bald Mtn Underpass - - - 5,100
RMT027Golf Course - Other Impr 400,623 267,456 133,167 200,799
RMT028Flood Repairs 400,000 382,237 17,763 269,167
RPA001Property Acquisition 290,000 281,720 8,280 350,261
RPD012Booth Creek Playground & Park65,000 - 65,000 -
RPD013Kayak Take-Out 10,000 - 10,000 -
RPD014Public Restrooms 370,000 - 370,000 -
RPI001Playground Safety Improvements (Red S.)464,000 266,369 197,631 -
RPI003Irrigation / Raw Water Project379,657 379,657 - -
RPI005Stephen's Park Improvements2,759 - 2,759 63,241
RPT007Trailhead Signs/Development24,000 - 24,000 -
RPT010Frontage Road Bike & Ped Paths2,364,658 1,663,643 701,015 29,610
RPT017Timber Ridge - Buffehr Creek Separation- - - 4,123
RRT001Public Art 287,016 43,382 243,634 24,040
RRT003ADA Compliance 10,000 8,263 1,737 533
RRT004Public Art - Morales Art 215,692 210,745 4,947 44,036
RRT006Public Art - Winterfest 51,600 23,206 28,394 38,394
RSS003Seibert Circle - - - 16,459
RSS004Landscape Medians 40,000 21,758 18,242 3,256
RSS005Guest Services Enhancements100,000 - 100,000 -
Total 11,793,637 4,360,230 7,433,407 1,870,194
2011
Town of Vail, Colorado
Special Revenue Funds
Real Estate Transfer Tax Fund
Schedule of Project Expenditures - Budget (GAAP Basis) and Actual
For the Year Ended December 31, 2011
With Comparative Totals For the Year Ended December 31, 2010
The accompanying notes are an integral part of these financial statements.
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LOCAL HIGHWAY FINANCE REPORT
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Financial Planning 02/01
The public report burden for this information collection is estimated to average 380 hours annually. Form # 350-050-36
City or County:Vail
YEAR ENDING :
December 2011
This Information From The Records Of Town of Vail:Prepared By: Kathleen Halloran
Phone:970-479-2116
A. Local B. Local C. Receipts from D. Receipts from
Motor-Fuel Motor-Vehicle State Highway-Federal Highway
Taxes Taxes User Taxes Administration
1. Total receipts available
2. Minus amount used for collection expenses
3. Minus amount used for nonhighway purposes
4. Minus amount used for mass transit
5. Remainder used for highway purposes
AMOUNT AMOUNT
A. Receipts from local sources:A. Local highway disbursements:
1. Local highway-user taxes 1. Capital outlay (from page 2)2,343,598
a. Motor Fuel (from Item I.A.5.) 2. Maintenance:1,868,408
b. Motor Vehicle (from Item I.B.5.) 3. Road and street services:
c. Total (a.+b.) a. Traffic control operations 235,155
2. General fund appropriations 4,463,877 b. Snow and ice removal 841,956
3. Other local imposts (from page 2)1,028,075 c. Other
4. Miscellaneous local receipts (from page 2)0 d. Total (a. through c.)1,077,111
5. Transfers from toll facilities 4. General administration & miscellaneous 259,902
6. Proceeds of sale of bonds and notes: 5. Highway law enforcement and safety 1,105,736
a. Bonds - Original Issues 6. Total (1 through 5)6,654,755
b. Bonds - Refunding Issues B. Debt service on local obligations:
c. Notes 1. Bonds:
d. Total (a. + b. + c.)0 a. Interest
7. Total (1 through 6)5,491,952 b. Redemption
B. Private Contributions 924,455 c. Total (a. + b.)-
C. Receipts from State government 2. Notes:
(from page 2)238,348 a. Interest
D. Receipts from Federal Government b. Redemption
(from page 2)- c. Total (a. + b.)-
E. Total receipts (A.7 + B + C + D)6,654,755 3. Total (1.c + 2.c)-
C. Payments to State for highways
D. Payments to toll facilities
E. Total disbursements (A.6 + B.3 + C + D)6,654,755
Opening Debt Amount Issued Redemptions Closing Debt
A. Bonds (Total)0
1. Bonds (Refunding Portion)
B. Notes (Total)0
A. Beginning Balance B. Total Receipts C. Total Disbursements D. Ending Balance E. Reconciliation
- 6,654,755 6,654,755 - 0
Notes and Comments:
FORM FHWA-536 (Rev. 1-05) PREVIOUS EDITIONS OBSOLETE (Next Page)
1
AND STREET PURPOSES
ITEM ITEM
IV. LOCAL HIGHWAY DEBT STATUS
(Show all entries at par)
V. LOCAL ROAD AND STREET FUND BALANCE
LOCAL HIGHWAY FINANCE REPORT
I. DISPOSITION OF HIGHWAY-USER REVENUES AVAILABLE FOR LOCAL GOVERNMENT EXPENDITURE
ITEM
II. RECEIPTS FOR ROAD AND STREET PURPOSES III. DISBURSEMENTS FOR ROAD
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STATE:
Colorado
YEAR ENDING (mm/yy):
December 2011
AMOUNT AMOUNT
A.3. Other local imposts:A.4. Miscellaneous local receipts:
a. Property Taxes and Assessments a. Interest on investments
b. Other local imposts: b. Traffic Fines & Penalities
1. Sales Taxes c. Parking Garage Fees
2. Infrastructure & Impact Fees d. Parking Meter Fees
3. Liens e. Sale of Surplus Property
4. Licenses f. Charges for Services
5. Specific Ownership &/or Other 1,028,075 g. Other Misc. Receipts
6. Total (1. through 5.)1,028,075 h. Other
c. Total (a. + b.)1,028,075 i. Total (a. through h.)0
(Carry forward to page 1) (Carry forward to page 1)
AMOUNT AMOUNT
C. Receipts from State Government D. Receipts from Federal Government
1. Highway-user taxes 214,409 1. FHWA (from Item I.D.5.)
2. State general funds 2. Other Federal agencies:
3. Other State funds: a. Forest Service
a. State bond proceeds b. FEMA
b. Project Match c. HUD
c. Motor Vehicle Registrations 23,939 d. Federal Transit Admin
d. Other (Specify) e. U.S. Corps of Engineers
e. Other (Specify) f. Other Federal
f. Total (a. through e.)23,939 g. Total (a. through f.)0
4. Total (1. + 2. + 3.f)238,348 3. Total (1. + 2.g)
(Carry forward to page 1)
ON NATIONAL OFF NATIONAL
HIGHWAY HIGHWAY TOTAL
SYSTEM SYSTEM
(a)(b)(c)
A.1. Capital outlay:
a. Right-Of-Way Costs 0
b. Engineering Costs 254,327 254,327
c. Construction:
(1). New Facilities 0
(2). Capacity Improvements 0
(3). System Preservation 2,089,271 2,089,271
(4). System Enhancement & Operation 0
(5). Total Construction (1) + (2) + (3) + (4)0 2,089,271 2,089,271
d. Total Capital Outlay (Lines 1.a. + 1.b. + 1.c.5)0 2,343,598 2,343,598
(Carry forward to page 1)
Notes and Comments:
FORM FHWA-536 (Rev.1-05) PREVIOUS EDITIONS OBSOLETE
2
III. DISBURSEMENTS FOR ROAD AND STREET PURPOSES - DETAIL
LOCAL HIGHWAY FINANCE REPORT
II. RECEIPTS FOR ROAD AND STREET PURPOSES - DETAIL
ITEM ITEM
ITEM ITEM
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6/5/2012
UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE
4 - 2 - 81
6/5/2012
Town of Vail, Colorado
Issuer's Annual Report
Update of Official Statement Tables to be Updated
Tables I, III, and IV
December 31, 2011
20072008200920102011
Pledged Revenues 18,913,138 19,631,366 16,913,338 17,676,115 19,581,415
Maximum Annual Debt Service2,324,457 2,324,457 2,280,681 2,280,6812,280,681
Coverage Factor 8.14x8.45x7.42x7.75x8.59x
20072008200920102011
Sales Tax Collections (see Note below)18,913,138 19,631,366 16,913,338 17,676,115 19,581,415
Per Cent Increase 6.01%3.80%-13.85%4.51%10.78%
Note:
The reported Sales Tax Collections vary from the sales tax revenues reported in the Town's audited financial statements because
one-time payments of sales tax on, for example, the sale of business assets or the settlement of a sales tax claim, are not included
above.
CurrentYear CurrentYear CurrentYear
Month MonthTo DateMonthTo DateMonthTo Date
January2,564,383 2,564,383 2,795,688 2,795,688 9.0%9.0%
February2,577,360 5,141,743 2,803,136 5,598,824 8.8%8.9%
March2,685,004 7,826,747 3,143,418 8,742,242 17.1%11.7%
April1,156,934 8,983,681 1,191,690 9,933,932 3.0%10.6%
May 421,925 9,405,606 473,292 10,407,224 12.2%10.6%
June 873,765 10,279,371 895,951 11,303,175 2.5%10.0%
July1,228,767 11,508,138 1,481,329 12,784,504 20.6%11.1%
August1,147,352 12,655,490 1,310,471 14,094,975 14.2%11.4%
September761,425 13,416,915 889,945 14,984,920 16.9%11.7%
October594,362 14,011,277 623,420 15,608,340 4.9%11.4%
November701,075 14,712,352 788,430 16,396,770 12.5%11.4%
December2,963,763 17,676,115 3,184,645 19,581,415 7.5%10.8%
Monthly Comparison of Collections of Sales Tax
12-month Period Ended12-month Period Ended
December 31, 2010December 31, 2011Percent Change
TABLE I
Debt Service Coverage
TABLE III
History of Town 4% Sales Tax Receipts
TABLE IV
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6/5/2012
Town of Vail, Colorado
Issuer's Annual Report
Update of Official Statement of Tables to be Updated
Tables V and VI
December 31, 2011
20072008200920102011
Annual Sales Tax Paid by
Ten Principal Generators6,123,462 6,404,706 5,237,655 5,467,868 6,091,354
Total Annual Sales Tax Collected by Town18,913,138 19,631,366 16,913,338 17,676,115 19,581,415
% of Total Annual Sales Tax Collections
Generated by Ten Principal Generators32.4%32.6%31.0%30.9%31.1%
20112012201320142015
Revenues:
Sales tax 8,956,252 6,941,000 7,081,000 7,223,000 7,367,000
Construction Use Tax721,002 515,000 530,400 546,000 562,400
Employee Housing Fee - in - Lieu249,217 70,000 - - -
Federal grants 1,205,465 828,000 - 1,024,800 -
Lease revenue 192,710 188,160 192,660 192,660 192,660
Project reimbursment1,015,645 174,435 - - -
Transfers in 9,003,960 9,035,574 1,510,000 3,340,000 350,000
Earnings on investments and other142,481 67,500 83,350 71,300 69,300
Total Revenues 21,486,732 17,819,669 9,397,410 12,397,760 8,541,360
Expenditures:
Equipment purchases2,821,662 2,961,928 1,101,000 1,938,900 227,000
Maintenance 4,137,474 2,043,991 1,415,000 165,000 1,445,000
Buildings and improvements1,890,760 2,167,709 1,750,000 670,000 -
Street projects 509,430 4,641,003 4,283,182 8,320,441 5,865,000
Housing programs - 1,474,921 1,400,000 - -
Lionshead redevelopment8,323,487 7,068,661 1,400,000 4,200,000 1,965,000
Other improvements444,924 2,546,719 - - -
Transfer to Debt Service Fund2,279,574 2,088,346 - - -
Total Expenditures 20,407,311 24,993,278 11,349,182 15,294,341 9,502,000
Revenues Over (Under)
Expenditures 1,079,422 (7,173,609) (1,951,772) (2,896,581) (960,640)
Beginning Fund Balance 19,279,317 20,358,739 13,185,130 11,233,358 8,336,777
Ending Fund Balance 20,358,739 13,185,130 11,233,358 8,336,777 7,376,137
TABLE V
Sales Tax Collections by Principal Sales Tax Generators
TABLE VI
Capital Projects Fund: 2011 Actual / Projected 2012- 2015
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Town of Vail, Colorado
Issuer's Annual Report
Update of Official Statement Tables to be Updated
Table XIX
December 31, 2011
20072008200920102011
Revenues:
General sales taxes10,741,500 11,640,000 8,760,000 10,143,624 10,859,000
Property and ownership taxes3,012,030 4,309,622 4,506,491 4,951,386 5,031,770
Ski area lift ticket admissions tax3,039,619 3,277,703 3,048,011 3,357,717 3,529,125
Franchise fees 858,285 1,052,665 908,577 1,023,398 1,039,185
Penalties and interest
on delinquent taxes19,348 22,544 35,507 17,027 33,954
Licenses and permits5,083,017 3,903,026 1,440,972 1,387,337 1,136,966
Intergovernmental revenues1,509,040 1,706,197 1,611,570 1,929,121 2,066,191
Charges for services5,351,540 5,817,239 5,693,448 5,912,669 4,986,282
Fines and forfeits 347,090 396,707 330,660 271,561 265,575
Interest 984,040 571,072 170,353 119,049 189,591
Rents 897,958 949,961 912,091 862,151 895,872
Other 195,016 163,025 243,991 386,271 477,102
Total Revenues 32,038,483 33,809,761 27,661,671 30,361,311 30,510,613
Expenditures:
General government7,730,300 7,715,791 6,037,371 5,928,142 6,001,080
Public safety 7,104,904 7,624,590 7,754,157 7,619,415 7,898,115
Public works and transportation10,365,091 11,779,063 10,975,098 11,204,253 11,362,070
Economic development and
community assistance1,461,991 1,703,092 1,665,864 1,608,674 1,961,398
Municipal library 752,031 828,056 808,649 794,879 782,557
Total Expenditures 27,414,317 29,650,592 27,241,139 27,155,363 28,005,220
Excess of Revenues
Over Expenditures 4,624,166 4,159,169 420,532 3,205,948 2,505,393
Other Financing Sources (Uses):
Operating transfers out(222,500) (991,000) - (3,742,673) (1,845,800)
Total Other Financing Sources (Uses)(222,500) (991,000) - (3,742,673) (1,845,800)
Excess of Revenues
Over Expenditures and Other
Financing Sources (Uses)4,401,666 3,168,169 420,532 (536,725) 659,593
Fund Balance:
Beginning 15,433,051 19,834,717 23,002,885 23,423,417 22,886,692
Ending 19,834,717 23,002,885 23,423,417 22,886,692 23,546,285
TABLE XIX
History of General Fund Revenues, Expenditures and Changes in Fund Balance
G3
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Town of Vail, Colorado
Issuer's Annual Report
Update of Official Statement of Tables to be Updated
Tables XX and XXI
December 31, 2011
2011
Amended 2011 2012
Budget Actual Budget
Revenues:
General sales taxes 10,859,000 10,859,000 10,859,000
Property and ownership taxes5,055,000 5,031,770 4,232,000
Ski area lift ticket admissions tax3,193,000 3,529,125 3,492,000
Franchise tax 1,087,403 1,039,185 1,112,753
Licenses and permits 1,040,200 1,136,966 955,000
Intergovernmental revenues 1,887,155 2,066,191 1,911,250
Charges for services 5,321,154 4,986,282 5,199,850
Fines and forfeits 305,000 265,575 325,000
Interest 194,000 189,591 116,900
Rents and other 1,244,913 1,406,928 1,076,816
Total 30,186,825 30,510,613 29,280,569
Expenditures:
Town officials 1,435,6571,279,098 1,453,334
Administrative 3,369,4443,227,937 3,467,195
Community development 1,731,9331,494,045 1,581,504
Public safety - Police 4,697,029 4,279,261 4,591,423
Public safety - Fire 3,094,891 3,081,027 3,078,507
Public works 3,613,9403,465,263 3,674,733
Transportation & Parking 4,879,2654,737,872 4,889,032
Facility maintenance 3,618,9893,324,447 3,551,345
Public library 803,360782,557 816,751
Contributions and special events1,800,1581,795,886 2,528,935
Dispatch service charges 537,827 537,827 575,706
Total 29,582,493 28,005,220 30,208,465
Excess (Deficiency) of Revenues
Over Expenditures 604,332 2,505,393 (927,896)
Other Financing Sources (Uses):
Transfer to Capital Projects Fund(1,845,800) (1,845,800) -
Total Other Financing Sources (Uses):(1,845,800) (1,845,800) -
Net Change in Fund Balances (1,241,468) 659,593 (927,896)
Fund Balance - January 1 22,886,692 22,886,692 21,645,224
Fund Balance - December 31 21,645,224 23,546,285 20,717,328
Outstanding
Issue Principal
Sales Tax Revenue Refunding Bonds, Series 2008 1,660,000
Sales Tax Revenue Refunding Bonds, Series 2002B 535,000
Vail Reinvestment Authority Tax Increment Revenue Bonds, Series 2010A3,420,000
Vail Reinvestment Authority Tax Increment Revenue Bonds, Series 2010B8,270,000
Housing Facilities Revenue Bonds, Series 2003A 17,740,000
Total 31,625,000
TABLE XXI
Outstanding Revenue Obligations
TABLE XX
General Fund
2011 Budget Summary and Actual Comparison / 2012 Budget
G4
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SINGLE AUDIT REPORTS AND SCHEDULES
4 - 2 - 86
6/5/2012
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Federal
CFDAMajor
Program Title NumberProgramExpenditures
Federal Transportation Agency:
Discretionary Funding Section 5309 20.500Yes1,301,951
Total - Federal Transportation Agency 1,301,951
Department of Homeland Security:
Staffing for Adequate Fire and Emergency Response (SAFER)97.083No133,601
Total - U.S. Department of Homeland Security 133,601
Department of Justice:
Passed through Colorado Department of Criminal Justice:
Justice Assistance Grant 16.738No10,000
COPs Hiring Recovery Program 16.710No69,677
Law Enforcement Assistance Grant 16.305No14,250
Total - U.S. Department of Justice 93,927
Total 1,529,479
Note 1. Basis of Presentation:
The Schedule of Expenditures of Federal Awards includes the federal grant activity of the Town of Vail and is presented on the modified
accrual basis of accounting. The information in this schedule is presented in accordance with the requirements of OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit Organizations . Therefore, some amounts presented in this schedule may differ
from amounts presented in or used in the preparation of the general purpose financial statements.
Note 2. Sub-recipients:
The Town of Vail did not provide any federal funds listed in the Schedule of Expenditures of Federal Awards to sub-recipients.
Notes to the Schedule of Expenditures of Federal Awards for the year ended December 31, 2011
Town of Vail, Colorado
Schedule of Expenditures of Federal Awards
For the Year Ended December 31, 2011
The accompanying notes are an integral part of these financial statements.
H7
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6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Results of the 2012 Town of Vail Community Survey
PRESENTER(S): Suzanne Silverthorn/Chris Cares
ACTION REQUESTED OF COUNCIL: Review the survey results and determine if additional
follow up is needed.
BACKGROUND: During the spring of 2012 the Town of Vail fielded a community survey
similar to efforts conducted in the past. It consisted of questionnaires completed by full- and
part-time residents, property owners and business owners to evaluate opinions on a variety of
issues. Using survey techniques that permit comparisons to past research, the town employed
a combination of personalized invitations via postcard mailings as well as open invitations to
take the survey online. Respondents were also given a third option to request a mail-back
version. The purpose of the survey is to evaluate respondents’ level of satisfaction with
respect to a full range of services and to gather opinions on selected issues and areas of
focus. Similar questions have been posed to Vail part-time and year-round residents on a
periodic basis since 1987. The 2012 survey was designed to permit comparisons to past
results, as well as to provide new insights on a variety of topics of current interest.
STAFF RECOMMENDATION: None.
ATTACHMENTS:
Town of Vail Community Survey 2012 Final Report
2012 Community Survey
6/5/2012
Prepared for:
Town of Vail
Prepared by:
RRC Associates, Inc.
4940 Pearl East Circle, Ste 103
Boulder, CO 80301
303/449-6558
www.rrcassoc.com
Town of Vail
Community Survey 2012
Final Report
May 2012
5 - 1 - 1
6/5/2012
Town of Vail Community Survey 2012
RRC Associates CONTENTS
Contents
AN OVERVIEW OF RESULTS ...................................................................................................................... 1
A Demographic Profile of Respondents ..................................................................................................... 2
Evaluations of Topics of Policy and Broad Community Interest ................................................................. 4
An Evaluation of Town of Vail Departments and Services ......................................................................... 7
Selected Takeaways from the 2012 Community Survey ........................................................................... 8
A REPORT OF SURVEY FINDINGS ........................................................................................................... 10
Community Priorities ................................................................................................................................ 13
Environmental Issues .............................................................................................................................. 17
Events Ratings ........................................................................................................................................ 19
Taxes and Fees ....................................................................................................................................... 22
Parking Issues ......................................................................................................................................... 23
RATINGS OF SATISFACTION²DEPARTMENTS ..................................................................................... 27
Community Development ........................................................................................................................ 27
Public Works ............................................................................................................................................ 30
Bus Service ............................................................................................................................................. 32
Fire Services ............................................................................................................................................ 36
Police Services ........................................................................................................................................ 37
Library ...................................................................................................................................................... 40
SOURCES OF LOCAL INFORMATION ...................................................................................................... 44
THE IMPACTS OF I-70 ............................................................................................................................... 47
5 - 1 - 2
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 1
AN OVERVIEW OF RESULTS
This summary provides an overview of selected survey results as well as an identification of some of the
major themes and findings that emerged from the 2012 Community Survey. The 2012 Town of Vail
Community Survey used methods virtually identical to those used in 2010, the last time a survey was
fielded by the Town of Vail. Once again, the survey resulted in extensive open-ended comments as well
as statistical measures of many topics that are of interest to the community. The comments are
excerpted in the body of the report, and are also presented verbatim in the attachments with no editing,
punctuation or spelling correction.
In 2012 the surveys were fielded using three techniques. The primary method of distribution was
through a postcard mailed to all identified postal addresses, including both boxes and home delivery, as
well as to all identified part-time residents that own property in the Town. The postcard contained an
invitation to complete the survey on-line using one of two unique passwords provided on the cards.
Also, residents that had a password but requested (by telephone) to complete the survey using a paper
form were provided a survey. Together these two response methods resulted in 412 completed
surveys. dŚĞƐĞƐƵƌǀĞLJƐĂƌĞƌĞĨĞƌƌĞĚƚŽŝŶƚŚĞƌĞƉŽƌƚĂƐƚŚĞ “ZĂŶĚŽ
Town of Vail Community Survey 2012
RRC Associates 2
A Demographic Profile of Respondents
The survey contained a number of demographic questions that are used to understand input from
residents. For example, much of the survey analysis presented in this report is based on overall
responses to the Random Link version of the survey. However, as noted above, in some instances
results from all respondents are presented in merged tables. Where graphs are based on the merged
results, a notation of the sample source is provided.
Where is your residence within the Town of Vail located? Random
Link
Open
Link Overall
East Vail 25% 24% 25%
West Vail (north of I 70) 17% 13% 16%
Potato Patch, Sandstone 14% 15% 14%
Intermountain 8% 9% 8%
Vail Village 8% 8% 8%
Other 5% 8% 6%
Buffehr Creek, Lionsridge, the Valley 6% 5% 5%
Lionshead 6% 2% 5%
Matterhorn, Glen Lyon 4% 4% 4%
Booth Falls and Bald Mountain Road areas 2% 6% 3%
Vail Commons/Safeway area 2% 4% 3%
Golf Course 3% 2%
Booth Creek/Aspen Lane 1% 0%
Not a resident of the town of Vail 1% 0%
n= 286 124 413
Do you own or rent your residence? Random
Link
Open
Link Overall
Own 87% 74% 82%
Rent 12% 25% 17%
Other 1% 2% 1%
n= 346 215 560
5 - 1 - 4
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 3
How long have you lived within the town of Vail (or owned property if a
non resident)?
Random
Link
Open
Link Overall
Less than 1 year 3% 5% 4%
1-5 years 13% 14% 13%
6-15 years 25% 22% 24%
More than 15 years 52% 35% 46%
Not applicable 8% 24% 14%
n= 354 209 563
Which of the following best describes you? Random
Link
Open
Link Overall
Year-round resident (11+ months/year) 53% 71% 60%
Part-time resident 37% 11% 28%
Employed in the town of Vail but don¶t live there 6% 16% 10%
Get mail in the town but don¶t live or work there 2% 1% 2%
Non-resident owner of business/commercial property 1%
1%
n= 354 211 565
(IF RESIDENT) Do you own or operate a business within the town of
Vail?
Random
Link
Open
Link Overall
No 84% 85% 85%
Yes 16% 15% 15%
n= 280 171 451
Are you a registered voter in Vail? Random
Link
Open
Link Overall
Yes 51% 50% 51%
No 49% 50% 49%
n= 338 205 543
Which of these categories best describes your household status? Random
Link
Open
Link Overall
Empty-nester, children no longer at home 32% 25% 30%
Couple, no children 24% 28% 26%
Household with children living at home 24% 20% 23%
Single, no children 19% 27% 22%
n= 352 209 561
5 - 1 - 5
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 4
Gender Random
Link
Open
Link Overall
Female 48% 57% 51%
Male 52% 43% 49%
n= 347 210 558
Which of the following best describes your employment status? Random
Link
Open
Link Overall
Work 8 months or more a year in the local area (Vail Valley) 41% 62% 49%
Not employed: retired 21% 12% 18%
Currently employed outside of the local area (work on Front Range, out
of state, etc.) 22% 10% 17%
Other 6% 7% 7%
Work 7 or fewer months a year in the local area (Vail Valley) 6% 4% 5%
Not employed: homemaker 3% 2% 3%
Not employed: unemployed and/or looking for work 1% 3% 2%
n= 355 214 568
Evaluations of Topics of Policy and Broad Community Interest
The survey contained a number of questions that were designed to provide input on policy-related
topics that are of interest to the community. The following sections of this report summarize the topics
that were probed.
Community Priorities. Respondents were asked to evaluate nine priority topics based on a scale of 1 to
5 with 1 being
5 - 1 - 7
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5 - 1 - 8
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 7
5 on the five-
5 - 1 - 10
6/5/2012
5 - 1 - 11
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 10
A REPORT OF SURVEY FINDINGS
Town of Vail Community Survey 2012
RRC Associates 11
Town of Vail Community Survey 2012
RRC Associates 12
Why do you feel the Town of Vail is going in the right direction, or has gotten off on the wrong track?
Survey: Email / Resident Type: Year-Round / Direction: Wrong Track
zInstead of focusing on making the experience better, both the Town and Vail Resorts are focusing on 'more' and 'bigger'. It
is dangerous to ski Vail mountain and buildings like Solaris and Vail Plaza are too large, out of character and offer no
charm.
zLost its charm. Big buildings, big bucks, big business, no style.
zMarketing district is a waste of money
zNeed to keep the town SMALL. That is what is attractive about it. Upgrading buildings is one thing, but don't need the
sprawling Denver effect.
zOver incentivizing projects, selling town land rather than leasing it, not paying enough attention to big environmental issues
including carrying capacity (sustainability is more than education and recycling)
zParking
zParking is just a mess, the whole Ever Vail proposal, seems like moving lot of different directions at one time.
zSale of town land without voter approval
zSelling land to the hospital, land which is not easy to come by.
zSpending public funds for the wrong things
zThe 'community' is no longer its residents, but those of us who live in Vail fulltime, regularly conscripted to remind the
managers, council and mayor of their fiduciary responsibility to protect our assets, which wrongly seem to be identified as
developers, paying guests and corporations. These are not assets, but paying dividends if we ALWAYS invest in
community.
zThe focus has been and is on luring the rich tourist - there is nothing for locals. We need a rec center like Avon or at
minimum Singletree Rec Center.
zThe present economic philosophy and end results of said philosophy are out of touch.
Sense of Community. Respondents were asked whether they feel the sense of community in the Town
of Vail has improved, gotten worse or stayed the same over the past two years. This question has been
asked over many years and, as shown below, there is a sharp improvement in the percentage saying Vail
has gotten better, up to 18% this year, from a low of 9% in 2010 and similar to the 17% obtained in
2005. The
5 - 1 - 15
6/5/2012
5 - 1 - 16
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 15
tier of priorities. However, these results are very different from those obtained in 2008 when housing
issues were identified in a number of ways as the highest priority of many in Vail.
Comparing the results from this question to a similar but not identical question in 2010, there are
pronounced differences. Parking was most frequently identified as the top priority at that time with
25% of respondents
5 - 1 - 18
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 17
Environmental Issues
The survey
Town of Vail Community Survey 2012
RRC Associates 18
The results also provide indications that the opinions of year-round and part-time residents are similar
but not identical. In general, year-round residents are particularly likely to believe the town should
place more emphasis on dealing with the beetle kill issue. Responses are similar on Gore Creek water
quality and addressing energy consumption. The survey results permit the constituencies that place
greatest priority on these types of actions to be identified and measured.
Emphasis on zero waste and a plastic bag initiative were evaluated for the first time in 2012. The survey
responses indicate that zero waste is a higher priority as measured by both the Random Link and the
Open Link survey respondents. For example, on the Random Link, 60% of all respondents rated zero
Town of Vail Community Survey 2012
RRC Associates 19
Events Ratings
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Town of Vail Community Survey 2012
RRC Associates 20
Town of Vail Community Survey 2012
RRC Associates 21
Figure 6.
Please rate your satisfaction with the following aspects of town-wide events
(All Respondents)
5 - 1 - 23
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 22
The survey also asked respondents to identify their three favorite events in Vail. Not surprisingly, the
large events dominate in the totals. Overall, the most identified events included in rank order: Bravo,
Fourth of July, Teva Games, Farmers Market and Taste of Vail. Many of the smaller events have strong
Town of Vail Community Survey 2012
RRC Associates 23
Taken together, these responses provide additional documentation that the overall support and
confidence in Town of Vail programs is positive at this time.
The survey asked specifically about services people would be willing to pay more to obtain. There were a
large number of suggestions but no single program or service stood out as lacking. (VIEW COMMENTS)
Comparing responses on this question between year-round residents and part-time residents, year-
round residents are about equally likely to say they pay too much (16% compared to 17% of part-time
residents). However, it is notable that the percentage of part-time residents that say they are paying
Town of Vail Community Survey 2012
RRC Associates 24
Respondents were asked to rate their level of satisfaction with their Parking Pass or Value Card on a
Town of Vail Community Survey 2012
RRC Associates 25
Table 7
Please rate your satisfaction with parking services
Satisfaction with Public Parking Services Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-
round
resident
(11+
months/
year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Overall parking
fees/pricing
structure
1 NOT AT ALL SATISFIED 21% 20% 22% 21% 19% 20% 14% 25%
2 26% 27% 24% 25% 26% 30% 29% 25%
3 26% 26% 27% 25% 24% 32% 43% 25%
4 17% 17% 17% 18% 22% 7% 14%
5 VERY SATISFIED 10% 10% 11% 11% 9% 11% 25%
Average 2.7 2.7 2.7 2.7 2.7 2.6 2.6 2.8
Booth attendant
courtesy
1 NOT AT ALL SATISFIED 1% 1% 2% 2% 2%
2 6% 7% 6% 6% 3% 7% 14% 25%
3 23% 22% 25% 23% 21% 28% 29% 25%
4 35% 39% 27% 34% 39% 28% 57%
5 VERY SATISFIED 35% 31% 40% 35% 35% 37% 50%
Average 3.9 3.9 4 3.9 4 4 3.4 3.8
Parking
structure
cleanliness
1 NOT AT ALL SATISFIED 3% 3% 2% 3% 2% 4%
2 12% 12% 14% 13% 12% 7% 13%
3 27% 30% 22% 28% 23% 29% 38%
4 36% 34% 39% 33% 40% 40% 25% 75%
5 VERY SATISFIED 22% 21% 23% 22% 23% 20% 25% 25%
Average 3.6 3.6 3.7 3.6 3.7 3.6 3.6 4.3
Parking
availability
during winter
periods
1 NOT AT ALL SATISFIED 12% 11% 13% 15% 8% 7%
2 19% 22% 13% 16% 24% 9% 40% 25%
3 26% 25% 29% 25% 31% 28%
4 28% 27% 29% 27% 28% 33% 60% 25%
5 VERY SATISFIED 15% 14% 16% 16% 9% 23% 50%
Average 3.1 3.1 3.2 3.1 3.1 3.6 3.2 4
Parking
availability
during summer
periods
1 NOT AT ALL SATISFIED 1% 1% 1% 2% 1%
2 5% 5% 5% 5% 5% 10%
3 15% 17% 12% 16% 13% 12%
4 30% 30% 29% 25% 37% 34% 63% 50%
5 VERY SATISFIED 49% 47% 52% 52% 44% 44% 38% 50%
Average 4.2 4.2 4.3 4.2 4.2 4.1 4.4 4.5
Parking
availability
during Ford
Park events
1 NOT AT ALL SATISFIED 10% 10% 9% 11% 6% 8% 14%
2 18% 20% 14% 15% 19% 27% 14%
3 32% 30% 36% 32% 38% 22% 50%
4 24% 24% 24% 23% 25% 24% 57%
5 VERY SATISFIED 16% 16% 17% 18% 12% 19% 14% 50%
Average 3.2 3.2 3.3 3.2 3.2 3.2 3.4 4
5 - 1 - 27
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 26
Figure 8.
Please rate your satisfaction with public parking services in Vail (Random Link)
Town of Vail Community Survey 2012
RRC Associates 27
Any comments on your satisfaction with public parking services in Vail?
Survey: Email / Resident Type: Year-Round
zBuild some more parking!
zCharge year round
zClean and wash and paint the parking structures more frequently.
zConcern: 1. High parking fees discourage skier-visits and decrease overall TOV revenue. 2. High parking fees actually
decrease the Town's revenue. Politicians: 'Don't be so selfish, Town-centered, and greedy!'
zCosts too high for all day events
zI refuse to pay for parking!
zI usually use the structures off season and off hours. I know everyone complains about parking fees, but they should see
the fees people pay in metro areas. They should also understand that some of our high-end guests now pay for parking in
the glitzy hotels in which they stay
zIf Ford park parking is full, notify drivers before they reach entrance to Vail Village parking structure.
zIf we have more parking, we have less open space. The pricing is high - but it does drive people to use alternative transport.
zIf you are a Vail resident you should get a discount on parking when you exit by showing your ID because sometimes you
have to park in the structure and $25 is really steep.
To view all comments click here: (VIEW COMMENTS)
RATINGS OF SATISFACTION³DEPARTMENTS
Community Development
The Community Development Department was used by 21% of respondents, down slightly from the 23%
reported in 2010 and 26% in 2007. As summarized in the graphs below, the ratings of Community
Development are based on that segment of the community that has used the services of the
department. Ratings have shown some declines from 2010 but gains over years prior to 2010. In
Town of Vail Community Survey 2012
RRC Associates 28
Figure 9.
Please rate your satisfaction with the following aspects of the Community Development Department
(Random Link)
Town of Vail Community Survey 2012
RRC Associates 29
Table 8
Please rate your satisfaction with Community Development Department
Community Development Department Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Availability of
information (e g ,
public records)
1 NOT AT ALL SATISFIED 5% 5% 5% 4% 13%
2 5% 8% 4% 4%
3 34% 36% 32% 40% 26% 17% 50%
4 29% 28% 31% 24% 35% 50% 100%
5 VERY SATISFIED 26% 23% 31% 28% 22% 33% 50%
Average 3.7 3.6 3.8 3.7 3.5 4.2 4 4
Overall service and
efficiency
1 NOT AT ALL SATISFIED 8% 8% 8% 7% 19%
2 15% 15% 14% 15% 19%
3 20% 26% 10% 24% 7% 14%
4 30% 28% 34% 25% 37% 43% 100% 50%
5 VERY SATISFIED 27% 23% 34% 29% 19% 43% 50%
Average 3.5 3.4 3.7 3.5 3.2 4.3 4 4.5
Timeliness of
response (to
telephone calls,
inspections,
questions/inquiries,
plan review, etc )
1 NOT AT ALL SATISFIED 7% 9% 5% 8% 4%
2 16% 15% 17% 18% 8% 14%
3 22% 26% 16% 21% 36% 50%
4 24% 24% 23% 21% 20% 43% 100% 50%
5 VERY SATISFIED 31% 26% 38% 33% 32% 43%
Average 3.6 3.4 3.7 3.5 3.7 4.1 4 3.5
Building permit
review and
inspections
1 NOT AT ALL SATISFIED 12% 15% 5% 7% 33%
2 19% 14% 28% 24% 14%
3 21% 32% 3% 22% 19% 25%
4 23% 23% 23% 18% 24% 50% 100% 50%
5 VERY SATISFIED 25% 16% 40% 29% 10% 25% 50%
Average 3.3 3.1 3.6 3.4 2.6 4 4 4.5
Courtesy and
attitude/helpfulness
1 NOT AT ALL SATISFIED 7% 10% 2% 5% 16%
2 4% 10% 4% 14%
3 26% 32% 16% 26% 28% 100% 50%
4 25% 26% 22% 22% 28% 43%
5 VERY SATISFIED 38% 31% 49% 42% 28% 43% 50%
Average 3.8 3.7 4.1 3.9 3.5 4.1 3 4
Knowledge/ ability to
answer questions
1 NOT AT ALL SATISFIED 2% 2% 2% 1% 8%
2 7% 5% 10% 7% 8%
3 26% 31% 17% 26% 32% 17%
4 34% 35% 33% 33% 24% 50% 100% 50%
5 VERY SATISFIED 31% 26% 38% 33% 28% 33% 50%
Average 3.8 3.8 3.9 3.9 3.6 4.2 4 4.5
5 - 1 - 31
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 30
Public Works
Ratings for Public Works remained high this year, ranging from an average of 4.5 for
Town of Vail Community Survey 2012
RRC Associates 31
Table 9
Please rate your satisfaction with Public Works
Public Works Services Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Snow removal
on roads
1 NOT AT ALL SATISFIED 0% 1% 0% 0%
2 1% 1% 1% 1% 1%
3 8% 9% 8% 9% 7% 7% 25%
4 31% 29% 34% 32% 26% 31% 71% 25%
5 VERY SATISFIED 59% 60% 58% 58% 65% 62% 29% 50%
Average 4.5 4.5 4.5 4.5 4.5 4.6 4.3 4.3
Road and street
maintenance by
the Town of
Vail (potholes,
sweeping,
drainage, etc )
1 NOT AT ALL SATISFIED 2% 2% 2% 3% 0% 2%
2 4% 4% 3% 6% 1%
3 16% 15% 16% 17% 15% 5% 13%
4 42% 43% 40% 39% 44% 55% 75% 50%
5 VERY SATISFIED 37% 36% 38% 36% 40% 39% 13% 50%
Average 4.1 4.1 4.1 4 4.2 4.3 4 4.5
Overall park
maintenance
1 NOT AT ALL SATISFIED 0% 0% 1% 0% 0%
2 2% 1% 2% 3%
3 11% 12% 8% 12% 10% 7% 25%
4 38% 40% 35% 36% 41% 42% 71%
5 VERY SATISFIED 49% 46% 53% 49% 49% 51% 29% 75%
Average 4.3 4.3 4.4 4.3 4.4 4.4 4.3 4.5
Appearance
and condition
of Town-owned
buildings
1 NOT AT ALL SATISFIED 1% 1% 1% 1% 0%
2 5% 4% 6% 6% 3% 2%
3 22% 22% 21% 26% 16% 18% 13%
4 41% 44% 36% 38% 45% 48% 50% 75%
5 VERY SATISFIED 31% 29% 35% 29% 35% 32% 38% 25%
Average 4 4 4 3.9 4.1 4.1 4.3 4.3
Friendliness
and courteous
attitude of
Public Works
employees
1 NOT AT ALL SATISFIED 1% 0% 2% 1% 1%
2 2% 2% 1% 2% 2%
3 18% 19% 16% 17% 20% 17% 20% 25%
4 32% 36% 27% 31% 37% 26% 60% 25%
5 VERY SATISFIED 47% 43% 54% 49% 40% 57% 20% 50%
Average 4.2 4.2 4.3 4.3 4.1 4.4 4 4.3
Cleanliness of
pedestrian
villages
2 2% 0% 4% 3% 2%
3 9% 10% 6% 10% 6% 7%
4 35% 37% 32% 33% 35% 38% 63% 25%
5 VERY SATISFIED 55% 52% 58% 54% 59% 53% 38% 75%
Average 4.4 4.4 4.4 4.4 4.5 4.4 4.4 4.8
Cleanliness of
public
restrooms
1 NOT AT ALL SATISFIED 1% 1% 1% 1% 2%
2 3% 3% 4% 3% 4% 5%
3 16% 18% 12% 19% 14% 10%
4 40% 41% 39% 39% 40% 33% 63% 67%
5 VERY SATISFIED 40% 37% 45% 38% 42% 50% 38% 33%
Average 4.1 4.1 4.2 4.1 4.2 4.2 4.4 4.3
5 - 1 - 33
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 32
Bus Service
Respondents remain largely satisfied with Town of Vail bus service, with over 84% of respondents rating
dependability of bus service, frequency of in-town shuttle, driver courtesy and cleanliness of buses a 4
or 5
Town of Vail Community Survey 2012
RRC Associates 33
As illustrated in the past, the neighborhood location of the survey respondent within Vail is closely
associated with the ratings of local buses. Shown below, there is a wide spread in average ratings by
neighborhood (that is, the distance between the highest and lowest points on the vertical axis). For
example, crowding on the buses is not identified as a problem from respondents that live in the Booth
Creek area, where the ratings of satisfaction are high; the ratings are lowest, or least satisfactory, from
Intermountain residents, and there are significant differences of opinion indicated by the wide range of
responses. In contrast, the frequency of in-town shuttles is rated high by all respondents and there is
relative agreement (a narrow spread) on this question.
Figure 12.
Please rate your satisfaction with bus service
By Neighborhood (All Respondents)
5 - 1 - 35
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 34
Table 10
Please rate your satisfaction with bus service
Satisfaction with Bus Service Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Frequency of
in-town shuttle
1 NOT AT ALL SATISFIED 1% 1% 2% 2% 0%
2 2% 3% 1% 2% 1% 2%
3 11% 12% 9% 12% 9% 14% 13%
4 31% 30% 32% 32% 29% 33% 38% 50%
5 VERY SATISFIED 55% 55% 55% 53% 60% 50% 50% 50%
Average 4.4 4.4 4.4 4.3 4.5 4.3 4.4 4.5
Frequency of
outlying service
1 NOT AT ALL SATISFIED 3% 2% 4% 3% 4% 4%
2 9% 10% 7% 9% 7% 8%
3 21% 23% 19% 19% 23% 32% 33%
4 31% 32% 30% 32% 30% 28% 67%
5 VERY SATISFIED 35% 32% 40% 37% 35% 28% 100%
Average 3.9 3.8 4 3.9 3.9 3.7 3.7 5
Bus driver
courtesy
1 NOT AT ALL SATISFIED 1% 1% 1% 1% 0% 2%
2 3% 3% 2% 4% 1%
3 11% 12% 8% 13% 9% 5%
4 33% 32% 34% 34% 29% 37% 50% 33%
5 VERY SATISFIED 53% 52% 54% 48% 60% 56% 50% 67%
Average 4.3 4.3 4.4 4.2 4.5 4.4 4.5 4.7
Dependability
of bus service
1 NOT AT ALL SATISFIED 0% 0% 1% 1%
2 2% 2% 3% 2% 2% 2%
3 11% 12% 9% 12% 8% 12% 25%
4 29% 29% 29% 30% 29% 20% 25% 33%
5 VERY SATISFIED 57% 57% 59% 55% 60% 66% 50% 67%
Average 4.4 4.4 4.4 4.4 4.5 4.5 4.3 4.7
5 - 1 - 36
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 35
Table 10 (cont.)
Please rate your satisfaction with bus service
Satisfaction with Bus Service Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Cleanliness of
buses
2 3% 3% 3% 3% 2% 2%
3 11% 11% 12% 14% 6% 12% 13%
4 35% 38% 29% 33% 40% 33% 25% 50%
5 VERY SATISFIED 51% 48% 56% 50% 52% 53% 63% 50%
Average 4.3 4.3 4.4 4.3 4.4 4.4 4.5 4.5
Level of
crowding on
buses
1 NOT AT ALL SATISFIED 5% 5% 6% 6% 6%
2 12% 14% 9% 11% 17% 10%
3 29% 29% 28% 30% 29% 27% 25%
4 36% 37% 36% 36% 32% 46% 38% 100%
5 VERY SATISFIED 18% 15% 22% 18% 16% 17% 38%
Average 3.5 3.4 3.6 3.5 3.4 3.7 4.1 4
Late night bus
service - Town
of Vail
1 NOT AT ALL SATISFIED 4% 5% 3% 5% 3%
2 11% 12% 10% 15% 6% 6%
3 28% 28% 28% 27% 29% 44%
4 28% 30% 25% 29% 27% 25% 67%
5 VERY SATISFIED 28% 25% 34% 24% 35% 25% 33% 100%
Average 3.6 3.6 3.8 3.5 3.8 3.7 4.3 5
Late night bus
service - ECO
Regional
Transit
1 NOT AT ALL SATISFIED 16% 14% 19% 22% 3% 17%
2 15% 21% 7% 15% 16% 17%
3 34% 33% 35% 32% 40% 39%
4 15% 12% 19% 16% 10% 17% 50%
5 VERY SATISFIED 21% 21% 20% 16% 31% 11% 50% 100%
Average 3.1 3.1 3.1 2.9 3.5 2.9 4.5 5
5 - 1 - 37
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 36
Fire Services
About 15 percent of respondents indicated that they had used fire services within the past 12 months,
identical to 2010 and down from the 22 percent reported in 2007. As in the past, ratings of fire services
are based on the relatively small part of the community that used services. Fire services continue to be
rated relatively high compared to most other departments and services provided by the Town. Courtesy
and helpfulness and response times are rated especially favorably (about 90% 4 or 5). As shown below,
plan check times and fire safety awareness receive relatively lower ratings but overall responses are
favorable. The fire safety, awareness and education ratings are pulled down slightly by a large segment
that rates these services a 3 (38%) and not by a large number calling these services a 1 or 2. There were
no 1 ratings and 8% of responses were a 2. The open-ended comments concerning the Fire Department
are found by clicking here. (VIEW COMMENTS)
Figure 13.
Please rate your satisfaction with the following aspects of Fire Services in the Town of Vail
(Random Link)
Town of Vail Community Survey 2012
RRC Associates 37
Table 11
Please rate your satisfaction with the following aspects of Fire Services in the Town of Vail
Public Safety Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-
round
resident
(11+
months/
year)
Part-time
resident
Employed
in the
town of
Vail but
don't live
there
Non-
resident
owner of
business/
commerci
al property
Response times to
basic medical
emergencies and
fires
1 NOT AT ALL SATISFIED 2% 3% 3%
3 7% 9% 9%
4 31% 31% 35% 31% 11% 50%
5 VERY SATISFIED 59% 58% 65% 56% 89% 50%
Average 4.5 4.4 4.7 4.4 4.9 4.5 .
Courtesy and
helpfulness of
firefighters and fire
prevention staff
1 NOT AT ALL SATISFIED 2% 2% 2%
2 1% 1% 6%
3 5% 7% 7%
4 22% 21% 25% 24% 6% 33%
5 VERY SATISFIED 70% 68% 75% 67% 88% 67% 100%
Average 4.6 4.5 4.8 4.5 4.8 4.7 5
Timely plan-check
and fire inspection
systems on
remodeled or new
construction
1 NOT AT ALL SATISFIED 4% 7% 4% 10%
2 4% 2% 7% 4% 10%
3 15% 19% 7% 16% 10% 100%
4 28% 31% 22% 36% 10% 17%
5 VERY SATISFIED 49% 41% 63% 40% 60% 83%
Average 4.1 4 4.4 4 4 4.8 3
Fire safety,
awareness and
education programs
provided
2 5% 8% 4% 25%
3 25% 38% 27% 40%
4 31% 27% 41% 38% 10% 100%
5 VERY SATISFIED 38% 27% 59% 31% 50% 75%
Average 4 3.7 4.6 4 4.1 4.3 4
Police Services
Police service ratings were similar to 2010 and mostly up from 2007 and 2005. In the categories of
feeling of safety and security (with 85%
Town of Vail Community Survey 2012
RRC Associates 38
Figure 14.
Please rate your satisfaction with the following aspects of Police Services in the Town of Vail
(Random Link)
Town of Vail Community Survey 2012
RRC Associates 39
Table 12
Please rate your satisfaction with the following aspects of Police Services in the Town of Vail
Police Services Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-
round
resident
(11+
months/
year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail in
the town
but don't
live or
work there
Non-
resident
owner of
business/
commercial
property
Overall feeling
of safety and
security
1 NOT AT ALL SATISFIED 0% 0% 1% 1%
2 2% 1% 4% 3% 0% 5%
3 12% 13% 9% 14% 9% 9% 33%
4 32% 33% 30% 31% 35% 27% 71% 33%
5 VERY SATISFIED 54% 53% 56% 51% 55% 59% 29% 33%
Average 4.4 4.4 4.4 4.3 4.5 4.4 4.3 4
Appropriate
presence of
police on
foot/vehicle
patrol
1 NOT AT ALL SATISFIED 3% 3% 4% 4% 2% 5%
2 5% 6% 4% 6% 4% 5%
3 20% 20% 20% 23% 16% 19% 13%
4 33% 33% 34% 32% 38% 33% 50% 67%
5 VERY SATISFIED 39% 39% 38% 36% 41% 38% 38% 33%
Average 4 4 4 3.9 4.1 4 4.3 4.3
Friendliness and
approachability
of Vail police
department
employees
1 NOT AT ALL SATISFIED 3% 2% 4% 3% 1% 5%
2 7% 7% 8% 10% 3% 7%
3 15% 16% 14% 14% 17% 17% 25% 33%
4 28% 28% 30% 27% 32% 32% 25% 33%
5 VERY SATISFIED 46% 47% 45% 46% 48% 39% 50% 33%
Average 4.1 4.1 4 4 4.2 3.9 4.3 4
Overall quality
of service
1 NOT AT ALL SATISFIED 3% 3% 3% 3% 1% 7%
2 3% 2% 4% 4% 1% 2%
3 16% 17% 15% 18% 18% 10%
4 36% 34% 40% 36% 33% 40% 50% 67%
5 VERY SATISFIED 42% 44% 39% 39% 47% 40% 50% 33%
Average 4.1 4.1 4.1 4 4.3 4 4.5 4.3
Crime
prevention
1 NOT AT ALL SATISFIED 3% 3% 2% 4% 3%
2 6% 5% 9% 8% 3% 3%
3 20% 22% 15% 20% 22% 15% 17% 100%
4 34% 32% 38% 31% 36% 48% 67%
5 VERY SATISFIED 37% 38% 36% 37% 39% 33% 17%
Average 4 4 4 3.9 4.1 4.1 4 3
Managing
parking and
traffic control
issues
1 NOT AT ALL SATISFIED 7% 6% 7% 9% 3% 5%
2 9% 9% 10% 11% 8% 7%
3 21% 21% 22% 22% 22% 17% 29%
4 34% 35% 32% 30% 41% 32% 43% 67%
5 VERY SATISFIED 29% 29% 29% 27% 27% 39% 29% 33%
Average 3.7 3.7 3.7 3.6 3.8 3.9 4 4.3
Visibility of
police
foot/vehicle
patrol
1 NOT AT ALL SATISFIED 4% 4% 5% 5% 3% 5%
2 8% 7% 10% 9% 7% 5%
3 22% 25% 18% 22% 24% 19% 13% 50%
4 32% 31% 33% 31% 31% 36% 50% 50%
5 VERY SATISFIED 33% 33% 34% 32% 35% 36% 38%
Average 3.8 3.8 3.8 3.8 3.9 3.9 4.3 3.5
5 - 1 - 41
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 40
Library
Library ratings were generally positive and comparable to past years. About 63% of respondents report
holding a library card. Differences are evident in card-holding among year-round residents (71%) and
part-time residents (52%).
Town of Vail Community Survey 2012
RRC Associates 41
Figure 15.
Please rate your satisfaction with the following at the library (Random Link)
Town of Vail Community Survey 2012
RRC Associates 42
Table 13
Please rate your satisfaction with the following at the library
Satisfaction with Library Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't live
or work
there
Non-
resident
owner of
business/
commercial
property
Library
collection
(including
magazines,
books, audio
and visual
media)
1 NOT AT ALL SATISFIED 1% 0% 1% 1% 2%
2 1% 2% 1% 2%
3 16% 18% 12% 15% 17% 17% 100%
4 39% 41% 36% 43% 32% 25% 50%
5 VERY SATISFIED 43% 39% 50% 41% 46% 58% 50%
Average 4.2 4.2 4.3 4.2 4.2 4.4 4.5 3
Library Story
Hour
1 NOT AT ALL SATISFIED 1% 1% 1%
2 2% 1% 4% 2% 11%
3 23% 26% 19% 28% 22%
4 30% 33% 25% 29% 29% 22% 33% 100%
5 VERY SATISFIED 44% 38% 52% 39% 49% 67% 67%
Average 4.1 4.1 4.3 4 4.3 4.4 4.7 4
Summer
Reading
Program
2 2% 2% 3% 3%
3 31% 31% 31% 32% 31% 33%
4 35% 37% 32% 37% 31% 33% 100%
5 VERY SATISFIED 32% 30% 35% 28% 38% 33% 100%
Average 4 3.9 4 3.9 4.1 4 4 5
Databases
1 NOT AT ALL SATISFIED 1% 1% 1%
2 1% 1% 1%
3 28% 30% 25% 30% 25% 15% 100%
4 36% 35% 37% 36% 37% 38% 50%
5 VERY SATISFIED 35% 32% 38% 32% 38% 46% 50%
Average 4 4 4.1 4 4.1 4.3 4.5 3
5 - 1 - 44
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 43
Table 13 (cont.)
Satisfaction with Library Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-round
resident (11+
months/year)
Part-time
resident
Employed
in the
town of
Vail but
don't live
there
Get mail
in the
town but
don't
live or
work
there
Non-
resident
owner of
business/
commercial
property
Friendliness/
courtesy of library
staff
1 NOT AT ALL SATISFIED 2% 1% 4% 3% 4%
2 3% 2% 4% 3% 1% 11%
3 9% 10% 8% 10% 11%
4 25% 27% 23% 27% 22% 19% 33% 50%
5 VERY SATISFIED 60% 60% 61% 56% 66% 67% 67% 50%
Average 4.4 4.4 4.3 4.3 4.5 4.3 4.7 4.5
Library news
releases
1 NOT AT ALL SATISFIED 2% 1% 2% 2%
2 2% 3% 1% 3%
3 26% 28% 24% 27% 26% 25% 50%
4 36% 38% 34% 35% 38% 60% 50%
5 VERY SATISFIED 34% 31% 39% 33% 36% 40% 25% 50%
Average 4 3.9 4 3.9 4.1 4.4 4 4
Library website
1 NOT AT ALL SATISFIED 1% 1% 1% 1% 1%
2 1% 1% 1%
3 31% 33% 27% 34% 26% 23% 17%
4 33% 33% 33% 31% 31% 54% 50% 50%
5 VERY SATISFIED 35% 34% 37% 34% 41% 23% 33% 50%
Average 4 4 4 4 4.1 4 4.2 4.5
Library mobile app
1 NOT AT ALL SATISFIED 1% 2% 2%
2 5% 4% 7% 4% 25% 100%
3 51% 53% 48% 54% 61% 25%
4 20% 18% 25% 20% 9% 50% 50%
5 VERY SATISFIED 22% 23% 20% 20% 30% 50%
Average 3.6 3.5 3.6 3.5 3.7 3.3 4.5 2
5 - 1 - 45
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 44
SOURCES OF LOCAL INFORMATION
Respondents were once again asked about how they receive information about the Town. Newspapers
were highest rated with 84% citing this source. Online sources were also important (54%), followed by
television (23%) and radio (9%).
As summarized below, the differences in sources of information between year-round and part-time
residents are evident. While both groups are generally similar, year-round residents are especially likely
to cite the newspaper, while part-time residents are especially apt to identify online sources and
Town of Vail Community Survey 2012
RRC Associates 45
Town of Vail Community Survey 2012
RRC Associates 46
The ratings of cell phone service vary significantly by part of Town as shown by the graph below.
Relative problems are most evident in the three areas shown on the left side of the graph: Booth Falls
and Bald Mountain Road areas; Buffehr Creek, Lionsridge, and the Valley; and Vail Village.
Figure 16.
How would you rate cell phone service at your residence or business in town?
(All Respondents)
There were a number of comments on cell phone service issues. In general, they reflect considerable
frustration among residents, both year-round and part-time alike. The service from AT&T was called out
specifically in a number of the comments and there were numerous requests to attend to this problem.
The comments may be found by clicking here. (VIEW COMMENTS)
22%
18%
27%
0%
13%
11%12%13%
10%9%
0%
5%
2%
17%
26%
13%
0%
16%
11%
12%
5%9%
7%
35%
7%
7%
2.82
2.90
2.98 3.00
3.16 3.22
3.38
3.41 3.44 3.46
3.55
3.86 3.92
2
3
4
5
0%
5%
10%
15%
20%
25%
30%
35%
40%
45%
50%
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Percent Responding "2"
Percent Responding "1"
Average
5 - 1 - 48
6/5/2012
Town of Vail Community Survey 2012
RRC Associates 47
THE IMPACTS OF I-70
The survey contained a new question designed to gather some feedback on the impacts of I-70 and
some preferences in terms of alternative actions. The question included some background information,
followed by a specific set of actions. The wording wa s as follows:
As you may be awDUHD´ELJLGHDµKDVEHHQSHULRGLFDOO\VXJJHVWHGWKDWZRXOGDWWHPSWWRDGGUHVVWKH
impacts of I-70 as it passes through Vail. Recognizing that this idea has received no serious study to
date and that any efforts to deal with the impacts will take many years, and would likely involve major
costs (including the potential for a property tax increase), please provide some initial input to local
decision makers.
To eliminate or reduce traffic noise from I-70, which of the following long-term solutions do you
support for exploratory consideration? (Check all that apply)
Extensive sound walls to contain Interstate noise
Covering portions of I-DOVRNQRZQDV³FXWand FRYHU´VROXWLRQ
A combination of sound walls and covering I-70
Relocating I-70 in a tunnel, removing it altogether from the community
Live with the condition, increasing enforcement of speed limits
No opinion
The survey found that most respondents had an opinion (92%) about the choices for dealing with I-70.
Interestingly, the responses from year-round and part-time residents and on the Random Link and Open
Town of Vail Community Survey 2012
RRC Associates 48
Figure 17.
To eliminate or reduce traffic noise from I-70, which of the following long-term solutions do you
support for exploratory consideration? (All Respondents)
Table 17
I-70 Solutions
To eliminate or reduce traffic noise
from I-70, which of the following
longer-term solutions do you support
for exploratory consideration?
Total All
Sources
Survey Version Which of the following best describes you?
Random
Link
Open
Link
Year-
round
resident
(11+
months/
year)
Part-
time
resident
Employed
in the
Town of
Vail but
don't live
there
Get mail
in the
town but
don't
live or
work
there
Non-
resident
owner of
business/
commercial
property
Live with the condition, increasing
enforcement of speed limits 37% 38% 37% 36% 40% 40% 25% 50%
A combination of sound walls and
covering I-70 29% 30% 29% 30% 32% 21% 38% 25%
Covering portions of I-70 (also known
as cut and cover solution) 28% 28% 27% 29% 25% 30% 38%
Extensive sound walls to contain
Interstate noise 23% 21% 27% 24% 27% 19%
Relocating I-70 in a tunnel, removing it
altogether from the community 23% 27% 18% 25% 25% 12% 13%
No opinion
8% 8% 10% 8% 7% 12% 13% 25%
5 - 1 - 50
6/5/2012
1
Community Survey 2012
SUMMARY OF RESULTS: RANDOM LINK
First, a few questions about the general state of Vail…
1. Would you say that things in the town of Vail are going in the right direction, or have they pretty seriously gotten off on
the wrong track?
2012
(n=412)
2010
(n=521)
2007
(n=397)
2005
(n=404)
70% 58% 58% 70% Right direction
18 28 30 19 Wrong track
13 14 12 10 Don’t know
In a few words, why do you feel that way?_____________________________________________________________________
(Please attach an additional sheet of paper with your comments if needed on any survey question.)
2. Over the past two years has the sense of community within the town improved, gotten worse or stayed the same?
2012
(n=411)
2010
(n=369)
2007
(n=400)
2005
(n=404)
18% 9% 14% 17% Improved
16 26 36 21 Gotten worse
50 54 45 53 Stayed the same
16 11 5 8 Don’t know/no opinion
Do you have any comments or suggestions on your response?_____________________________________________________
5 - 1 - 51
6/5/2012
2
COMMUNITY ISSUES
3. The Vail Town Council and staff value community input to help understand your priorities. For each area listed below,
indicate the level of priority you believe is appropriate. (Use a 1 to 5 scale where 1=Not a Priority, 3=Somewhat, 5=High
Priority.)
The Vail Town Council’s Long-Term Goals and Initiatives for 2012 through 2022 focus on four primary areas:
x Improve economic vitality
x Grow a balanced community (address the current and desired demographics for the town)
x Improve the quality of the experience
x Develop future leadership
Do you have any specific comments or suggestions for the Council regarding these goals?
______________________________________________________________________________________________
5 - 1 - 52
6/5/2012
3
EVENTS
Vail has developed a wide variety of events in all seasons that have become part of our community culture. Our events now
include concerts, festivals, athletic events and other activities.
4. In general, how would you describe the experience that events in Vail create for you and your guests?
VERY VERY
NEGATIVE NEUTRAL POSITIVE mean n
2 2 12 27 57 4.4 379
Do you have any comments on your response concerning events?
_______________________________________________________________________________________________
5. What are your three favorite events in Vail?
_____________________________________________
_____________________________________________
_____________________________________________
6. Please rate your satisfaction with the following aspects of town-wide events.
Quantity of events – are there:
12% Too few events 81 About the right number 8 Too many events n=353
NOT AT ALL VERY
SATISFIED SATISFIED mean n
The overall quality of events in Vail 1% 3 13 46 36 4.1 355
Ease of access to event venues (Ford Park Fields,
Gerald R. Ford Amphitheater, Vail Village,
Lionshead, Dobson Arena) 4 11 25 34 26 3.7 364
Parking availability during special events 12 24 33 21 11 3.0 349
Frontage Road express bus to transport event-goers
between Lionshead, Vail Village and
Ford Park in the summer 6 7 26 29 32 3.7 283
How do you typically access events in Vail?
30% Public transportation 26 Walking or cycling 44 Driving n=366
Do you have any further comments on events in Vail?_____________________________________________________
7. What do you believe is the town-wide economic impact of events in Vail?
VERY VERY
NEGATIVE NEUTRAL POSITIVE mean n
0% 2 9 38 50 4.4 352
FEES AND TAXES
8. Which statement below best describes your opinion about the relationship between taxes/fees and the services that are
provided by the Town of Vail?
61% I am satisfied with the current level of taxes and services
10 I am willing to pay more taxes to get more services
15 I feel that I pay too much for the services I receive
6 I am willing to accept service reductions if it means lower taxes
8 I have no opinion
n=371
(If satisfied or willing to pay more)
Are there specific types of services, programs or
amenities you would like to see expanded or
improved?____________________________
____________________________________
5 - 1 - 53
6/5/2012
4
THE ENVIRONMENT
9. Please rate the amount of emphasis that is being placed on the following in Vail. (Use a scale from 1 to 5 where 1
means “Much Too Little Emphasis” and 5 means “Far Too Much Emphasis.”)
MUCH TOO ABOUT FAR TOO
LITTLE RIGHT MUCH mean n
Overall attention to the threat of wildfire from beetle-killed trees
through forest management such as cutting and
removing trees, and forest regeneration 15% 27 54 3 1 2.5 330
Enforcement of the dead tree removal ordinance to address
the beetle infestation 17 26 51 4 1 2.4 304
Addressing energy consumption 5 25 53 8 8 2.9 300
Gore Creek water quality 11 27 55 6 1 2.6 286
10. Please indicate the level of priority you would like to see placed on the following:
NOT A HIGH
PRIORITY NEUTRAL PRIORITY mean n
Emphasis on “zero waste” (composting/recycling, etc.)
at community events 12% 10 21 29 29 3.5 357
A plastic bag initiative to ban the bags in grocery stores
(restrictions would apply at 2 grocery stores and shoppers
could bring their own bags and/or would have an option
to purchase a paper bag for 20 cents) 37 9 17 16 21 2.8 362
Any comments on your responses to Questions 9 and 10?______________________________________________________
___________________________________________________________________________________________________
TOWN SERVICES
The Community Development Department provides planning, design review, environmental programs, and building and
restaurant inspection services.
11. Have you used the services of the Community Development Department within the past 12 months?
21% Yes 79 No (GO TO Q. 14) n=360
12. (IF YES) How did you access their services? (Check all that apply) n=76
23% Website
43 Telephone
62 Walk in to office
19 Attend a meeting
12 Other:______________________________________
5 - 1 - 54
6/5/2012
5
13. Please rate your satisfaction with the following aspects of the Community Development Department.
Any comments on your response?_____________________________________________________________________
5 - 1 - 55
6/5/2012
6
The Public Works Department provides maintenance of public areas including parks, buildings, roads and village areas.
14. Rate your satisfaction with Public Works services in the Town of Vail:
Any comments on your response?____________________________________________________________________
5 - 1 - 56
6/5/2012
7
Public Safety
15. Have you utilized Vail Fire for any service, inspection or emergency within the past 12 months? n=354
15% Yes
85 No (GO TO Q. 17)
16. Please rate your satisfaction with the following aspects of Fire Services in the town of Vail.
Any comments on your response?_____________________________________________________________________
5 - 1 - 57
6/5/2012
8
17. Please rate your satisfaction with the following aspects of Police Services in the town of Vail.
Any comments on your response?______________________________________________________________________
5 - 1 - 58
6/5/2012
9
Parking and Bus Service
18. When you visit Vail Village/Lionshead, what is your first choice for parking for the following purposes? (Check one only
for each, as applicable)
FOR SHOPPING FOR WORK FOR SKIING
I PREFER I PREFER I PREFER
Lionshead Parking Structure 14% 18% 23%
Vail Village Parking Structure 69 28 35
Cascade Area 1 3
North Frontage Road in West Vail (Safeway area) 4 2 2
Donovan Park 1 1
Other: ______________________ 12 52 37
n=341 258 320
19. Why do you prefer that location to enter the mountain for skiing? n=325
3% Variety of shops and restaurants
9 Overall experience
13 Ski lockers
20 Shorter walking distance
28 Gets to parts of the mountain I prefer to ski
28 Other: _________________________
20. Do you own a parking pass or value card this season? 76% No (GO TO Q. 22)
24 Yes: 4% Gold pass
20 Blue pass
4 Green pass
4 Pink pass
68 Value card
21. How satisfied are you with the benefits of your pass this year?
NOT AT ALL VERY
SATISFIED SATISFIED mean n=
5% 8 29 25 33 3.7 80
Any comments on your response?______________________________________________________________________
5 - 1 - 59
6/5/2012
10
22. Please rate your satisfaction with public parking services in Vail.
Any comments on your response?_______________________________________________________________________
23. How many times per month do you use TOV bus service?
15.3 times per month in winter, n=330
7.7 times in summer, n=309
Are there any specific concerns or considerations that reduce your use of bus services?
_________________________________________________________________________________________________
5 - 1 - 60
6/5/2012
11
24. Please rate your satisfaction with bus service.
Any comments on your response?________________________________________________________________
Library Services
The Vail Public Library offers access to information resources of many types to serve the needs of Vail's guests, residents,
businesses and schools.
25. Do you hold a library card in the Town of Vail? n=356
63% Yes
37 No
26. What typically brings you to the library? (Check the two most important categories) n=257
90% Materials (books, magazines, audio CDs, DVDs)
15 Computers
10 Wireless access
11 Children’s story hours/programs
9 Programs for adults/families
27. How frequently do you use the library? 2.5 times per month, n=304
5 - 1 - 61
6/5/2012
12
28. What do you like best about your experiences at the library?___________________________________________________
29. Please rate your satisfaction with the following:
Any comments on your response?___________________________________________________________________________
5 - 1 - 62
6/5/2012
13
SOURCES OF LOCAL INFORMATION
30. How do you receive information about the Town of Vail that may be of interest to you? (Check all that apply) n=348
54% Online
84 Newspaper
9 Radio
23 Television
11 Other
31. Do you subscribe to e-services provided by the Town of Vail? n=61
81% No (GO TO Q. 33)
19 Yes (which ones?)
62% Special event info
63 News releases
23 Sales tax info
26 Library updates
17 Art in Public Places
29 Community Development Department updates
33 Meeting agendas
10 Twitter
5 Other__________________________________________
32. How satisfied are you with the e-services provided by the Town of Vail?
NOT AT ALL VERY
SATISFIED SATISFIED mean n
2% 2 14 40 42 4.2 61
33. As you may be aware, a “big idea” has been periodically suggested that would attempt to address the impacts of I-70
as it passes through Vail. Recognizing that this idea has received no serious study to date and that any efforts to deal
with the impacts will take many years, and would likely involve major costs (including the potential for a property tax
increase), please provide some initial input to local decision makers.
To eliminate or reduce traffic noise from I-70, which of the following long-term solutions do you support for exploratory
consideration? (Check all that apply) n=349
21% Extensive sound walls to contain Interstate noise
28 Covering portions of I-70 (also known as “cut and cover” solution)
30 A combination of sound walls and covering I-70
27 Relocating I-70 in a tunnel, removing it altogether from the community
38 Live with the condition, increasing enforcement of speed limits
8 No opinion
Do you have any additional comments on this topic? __________________________________________________________
Please provide the following demographic information. Remember that all responses remain strictly confidential
and are reported only in group format.
34. What is the ZIP code of your primary residence? _________________________________
35. Which of the following best describes you? n=354
53% Year-round resident (11+ months/year)
37 Part-time resident (what is the ZIP Code of your primary residence? ___________________)
6 Employed in the town of Vail but don’t live there
2 Get mail in the town but don’t live or work there
1 Non-resident owner of business/commercial property
5 - 1 - 63
6/5/2012
14
36. Which of the following best describes your employment status? n=355
41% Work 8 months or more a year in the local area (Vail Valley)
6 Work 7 or fewer months a year in the local area (Vail Valley)
22 Currently employed outside of the local area (work on Front Range, out of state, etc.)
21 Not employed: retired
1 Not employed: unemployed and/or looking for work
3 Not employed: homemaker
6 Other:____________________________________________________
37. Is your residence (either year-round or seasonal) within the town of Vail? n=354
82% Yes 18 No
If yes, where? n=289
25% East Vail
2 Booth Falls and Bald Mountain Road areas
Booth Creek/Aspen Lane
3 Golf Course
8 Vail Village
6 Lionshead
14 Potato Patch, Sandstone
6 Buffehr Creek, Lionsridge, the Valley
2 Vail Commons/Safeway area
17 West Vail (north of I-70)
4 Matterhorn, Glen Lyon
8 Intermountain
Not a resident of the town of Vail
5 Other______________________________
38. Do you own or rent your residence? n=346
87% Own
12 Rent
1 Other (specify)_________________________________________
39. How would you rate cell phone service at your residence or business in town?
POOR AVERAGE EXCELLENT mean n
13% 12 29 21 23 3.3 343
OR 1% Service not available
Don’t have a cell phone
Any comments on your response?__________________________________________________________________________
40. How long have you lived within the town of Vail (or
owned property if a non-resident)? n=280
3% Less than 1 year
13 1-5 years
25 6-15 years
52 More than 15 years
8 Not applicable
41. (IF RESIDENT) Do you own or operate a business
within the town of Vail? 16% Yes 84 No n=280
42. Are you a registered voter in Vail? 51% Yes 49 No
n=338
43. Which of these categories best describes your
household status? n=352
19% Single, no children
24 Couple, no children
24 Household with children living at home
32 Empty-nester, children no longer at home
44. Are you: n=347
52% Male 48 Female
45. In what year were you born? Average age=55.6, n=330
THANK YOU FOR YOUR PARTICIPATION IN OUR CONTINUING EVALUATION PROGRAM.
If you would like to receive updates and information from the Town of Vail, please include your email address:
_________________________________________________________________________________________________
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Resolution No. 20, Series of 2012, A Resolution Authorizing the Town Manager
to Sign a Wireless Communications and License Agreement Between the Town of Vail and
NewPath Networks, LLC; and Setting Forth Details in Regard Thereto.
PRESENTER(S): Ron Braden
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Resolution No. 20, Series of
2012.
BACKGROUND: The Town Council wishes to enter into a wireless communications and
license agreement with NewPath Networks, LLC to enhance the wireless communications
services and to avoid unnecessary disruption and administrative burdens throughout the town.
STAFF RECOMMENDATION: Approve, amend or deny Resolution No. 20, Series of 2012.
ATTACHMENTS:
Resolution No. 20, Series of 2012
6/5/2012
Resolution No. 20, Series 2012
RESOLUTION NO. 20
Series of 2012
A RESOLUTION AUTHORIZING THE TOWN MANAGER TO SIGN A WIRELESS
COMMUNICATIONS AND LICENSE AGREEMENT BETWEEN THE TOWN OF VAIL AND
NEWPATH NETWORKS, LLC; 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 wishes to enter into a Wireless Communications and License
Agreement (the “Agreement”) with NewPath Networks, LLC (NPN) to enhance the wireless
communications services and to avoid unnecessary disruption and administrative burdens
throughout the town;
WHEREAS, NPN proposes to occupy a portion of certain of Town structures and property
for the purposes of creating a wireless communications network available for hire from NPN by
telecommunications providers; and
WHEREAS, approval of Resolution 20, Series of 2012 is required to enter into the
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby authorizes the Town Manager to enter into the
Agreement with NPN on behalf of the Town in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 5th day of June, 2012.
_________________________
Andrew P. Daly, Town Mayor
ATTEST:
_____________________________
Lorelei Donaldson, Town Clerk
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Wireless Communications and License Agreement
by and between
Town of Vail
and
NewPath Networks, LLC
Dated _____________ ____, 2012
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TABLE OF CONTENTS
1. Definitions .......................................................................................................................................................... 1
2. Grant of License ............................................................................................................................................... 4
3. Term ................................................................................................................................................................. 65
4. Consideration .................................................................................................................................................. 65
5. Construction and Operation of the System ................................................................................................... 6
6. Removal of Attachments ................................................................................................................................ 87
7. Indemnification ................................................................................................................................................. 8
8. Insurance: Casualty ....................................................................................................................................... 98
9. Eminent Domain ............................................................................................................................................. 98
10. Default ................................................................................................................................................................ 9
11. Assignment .................................................................................................................................................... 109
12. Notice .............................................................................................................................................................. 109
13. Miscellaneous .............................................................................................................................................. 1110
SCHEDULES:
Schedule 1 System Description
Schedule 1.1 Hub Site/Node Location Form
Schedule 2 Property
Schedule 3 Existing Agreements
Schedule 4 Licensee’s Fiber Made Available to Licensor
EXHIBITS:
EXHIBIT A Application and Additional License
EXHIBIT B Notification of Removal by Licensee
EXHIBIT C System Specifications
EXHIBIT D Fiber Network Standards
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WIRELESS COMMUNICATIONS AND LICENSE AGREEMENT
THIS WIRELESS COMMUNICATIONS AND LICENSE AGREEMENT (this “Agreement”), in entered into as of
the date fully executed below (“Effective Date”), by and between the Town of Vail, a Colorado home rule
municipality (“Licensor”), and NewPath Networks, LLC, a New Jersey limited liability company (“Licensee”).
RECITALS
A. WHEREAS, Licensor is the owner of, with certain limited exceptions, the land and premises identified in
Schedule 22 hereto, including certain buildings and grounds (the “Property”), which Property includes
buildings, utility infrastructure, signage, light standards and other improvements (the “Structures”); and
B. WHEREAS, Licensor desires (i) to enhance the wireless communications services available at the Property
through a more comprehensive solution on the conditions agreed to herein; (ii) to rely on the resources and
experience of Licensee to manage access to the Property and the Structures by the use of common facilities
for all Wireless Carriers to minimize redundant use of the structures and minimize the visual impact of such
facilities; and (iii) to avoid unnecessary disruption and administrative burdens for Licensor’s business and
operations; and
C. WHEREAS, Licensee proposes to occupy a portion of certain of Licensor’s Structures and Property for the
purposes of creating a wireless communications network available for hire from Licensee by
telecommunications providers; and
D. WHEREAS, Licensor is authorized to grant certain Licenses to Licensee to make Attachments to the
Structures and to occupy a certain portion of the Property in accordance with the terms of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein contained, the parties
hereto do hereby covenant and agree as follows:
AGREEMENT
1. Definitions. For all purposes of this Agreement, the following terms shall be defined as follows:
a. Additional License shall mean any agreement to Attach to additional Structures and/or use of a
portion of the Property, as the Parties may reasonably agree during the Term upon execution of a
form of application and license attached as Exhibit AA hereto.
b. Additional Services shall have the meaning set forth in Section 2.e.
c. Agent shall mean any directors, trustees, officers, employees, affiliates, agents, assigns, successors,
representatives, contractors or subcontractors of a Party.
d. Agreement shall have the meaning set forth in the Preamble.
e. Alternate Location shall have the meaning set forth in Section 6.b.
f. Attach shall mean to install, connect, or construct Attachments on, at or in a Structure pursuant to
a License.
g. Attachments shall include wire, fiber optic, telecommunications and/or coaxial cable, Nodes, and
other wireless communications equipment attached and maintained upon a Structure pursuant to a
License.
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h. Claim shall mean shall mean any and all claims of liability or loss from personal injury or
property damage, and related damages, fines, judgments, penalties, costs, liabilities or losses
(including any and all sums paid for settlement of claims, attorneys’ fees, and consultants’ and
experts’ fees) arising from a Party’s violation of this Agreement, including reasonable attorneys’
fees and other direct costs of legal defense.
i. Cure Period shall have the meaning set forth in Section 10.
j. DAS shall have the meaning set forth in the “System” definition.
k. Defaulting Party shall have the meaning set forth in Section 10.
l. Effective Date shall mean the date set forth in the Preamble.
m. Environmental Law shall mean any Law regulating the presence of Hazardous Materials on or
relating to the Property, including the Solid Waste Disposal Act, 42 U.S.C. § 6901, et seq.; the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980, 42 U.S.C.
§ 9601, et seq., as amended by the Superfund Amendments and Reauthorization Act of 1986; the
Federal Water Pollution Control Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act, 42 U.S.C.
§ 7401, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Safe Drinking
Water Act, 42 U.S.C. § 300f, et seq.; or and state or local Law analogous thereto.
n. Existing Agreements shall mean the agreements identified in Schedule 33 hereto, each between a
Wireless Carrier and Licensor in full force and effect as of the Effective Date for the operation of
Wireless Carrier facilities on the Property.
o. Fiber Network shall mean collectively the (i) dark fiber capacity on Licensor’s fiber optic
network installed throughout the Property and dedicated for Licensee’s use through a License
(“Licensor’s Fiber”) or (ii) dark fiber capacity on fiber optic network installed by Licensee
throughout the Property and dedicated for Licensor’s use as identified on Schedule 4 hereto
(“Licensee’s Fiber”).
p. Fiber Network Standards are set forth in Exhibit DD hereto.
p.q. Force Majeure shall mean any event beyond the control of either Party and which is relied upon
by either Party as justification for delay in, or as excuse from complying with, any obligation
required of the Party under this Agreement, including, but not limited to: (i) an act of God, war,
terrorism, landslide, lightning, earthquake, fire, explosion, storm, flood or similar occurrence;
(ii) any act of any federal, state, county or local court, administrative agency or governmental
office or body that stays, invalidates or otherwise affects this Agreement, the operation of, or any
permits or licenses associated with or related to, the obligations hereunder; (iii) the adoption or
change (including a change in interpretation or enforcement) of any federal, state, county or local
law, rule, permit, regulation or ordinance after the date of execution of this Agreement, applicable
to the obligations hereunder, including, without limitation, such changes that have a substantial or
material adverse effect on the cost of performing the obligations herein; (iv) any work stoppages,
strikes, picketing, labor dispute, or similar activities at the Property; (v) the institution of a legal or
administrative action or similar proceeding by any person or entity that delays or prevents any
aspect of the obligations to be performed by either Party hereunder
q.r. Government Authority shall mean the United States of America, the State of Colorado, and the
Town of Vail, and any other entity exercising executive, legislative, judicial, regulatory or
administrative functions of, over, or pertaining to the System or the Property.
r.s. Government Permits shall mean all certificates, permits or other approvals which may be
required from any Government Authority necessary for the construction and operation of the
System.
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s.t. Hazardous Materials shall mean (i) any explosive or radioactive substances or waste, petroleum
or petroleum distillates, asbestos or asbestos-containing materials, polychlorinated biphenyls;
(ii) any ‘hazardous substances,’ ‘extremely hazardous substance,’ ‘hazardous chemical,’ ‘toxic
chemical,’ ‘hazardous waste’ or ‘pollutant,’ each as defined under Environmental Law; and
(iii) any substance or waste regulated under any Environmental Law.
t.u. Hub Site shall mean the exterior or interior space licensed by Licensor to Licensee: (i) for the
installation of Licensee’s equipment for the operation and control of the System; and (ii) to be
sublicensed to tenant Wireless Carriers for the placement and operation of their equipment
required for use of the System.
u.v. Initial License shall have the meaning set forth in Section 2.
v.w. Initial Term shall have the meaning set forth in Section 3.
w.x. Laws shall mean any administrative, judicial, legislative or other statute, law, ordinance,
Government Permit, regulation, rule, order, decree, written pronouncement, writ, award or
decision of any Government Authority.
x.y. License shall mean the right to Attach Attachments to Radio Space to a Structure for operation of
the System.
y.z. Licensed Structure shall mean a Structure upon which an Attachment has been made and is
maintained thereupon by Licensee pursuant to this Agreement.
z.aa. Licensee shall have the meaning set forth in the Preamble.
aa.bb. Licensee’s Fiber shall have the meaning set forth in the “Fiber Network” definition.
bb.cc. Licensor shall have the meaning set forth in the Preamble.
cc.dd. Licensor’s Fiber shall have the meaning set forth in the “Fiber Network” definition.
dd.ee. Node shall mean, alternatively, (i) a radio access node of the System, consisting of an antenna,
equipment box, cabling connecting the antenna and equipment box, and related attachments; or
(ii) an in-building system.
ee.ff. Non-Conflicting Agreement shall mean any agreement (except for the Existing Agreements)
between a Wireless Carrier and Licensor in full force and effect as of the Effective Date for the
operation of Wireless Carrier facilities on the Property.
ff.gg. Non-Defaulting Party shall have the meaning set forth in Section 10.
gg.hh. Parties or Party shall mean Licensor and Licensee.
hh.ii. Person shall mean any individual, corporation, partnership, joint venture, association, joint-stock
company, trust, unincorporated organization or government or any agency or political subdivision
thereof.
ii.jj. Primary Purpose shall have the meaning set forth on Schedule 22 hereto.
jj.kk. Property shall have the meaning set forth in the Recitals.
kk.ll. Radio Space shall be the locations on, in or at a Structure occupied by any Attachments for
operation of the System.
ll.mm. Renewal Term shall have the meaning set forth in Section 3.
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mm.nn. RF shall mean radio frequency energy, whether or not associated with operation of the System.
nn.oo. Structure Manager means Licensor’s designated manager for managing and administering, on
behalf of Licensor, the Attachments, Licenses, and administration of visual impact and aesthetics
provisions of this Agreement for a particular property.
oo.pp. Structure shall have the meaning set forth in the Recitals.
pp.qq. System shall mean collectively the Wi-Fi Network and the neutral access distributed antenna
system (“DAS”) (indoor and outdoor) constructed by Licensee under the License for the purpose
of providing RF coverage in and about the Property, including Licensee’s equipment at the Hub
Site, and all Attachments, power lines, coaxial, fiber optic and telecommunications cables, and
other associated equipment located throughout the Property and at the Hub Site, and operated by
Licensee on a commercial, for-profit basis to provide services to Wireless Carriers.
qq.rr. System Specifications means the specifications outlined in Exhibit CC.
rr.ss. Term shall have the meaning set forth in Section 3.
ss.tt. Term Commencement Date shall mean the date that Licensee commences construction of the
System (as confirmed in writing by the Parties).
tt. Wi-Fi Network shall mean a Wi-Fi network operating in frequencies not licensed by the
Federal Communications Commission (utilizing 802.11 a, b, g, and n, and any other available
frequencies, including the 2.4 and 5 GHz bands) to provide wireless broadband access to Licensor,
its employees, invitees and guests.
uu. Wireless Carrier shall mean (i) a wireless services provider offering communications services to
the public, including cellular, Personal Communications Service (“PCS”), specialized mobile
radio (“SMR”), paging, wireless broadband, telematics, and wireless data carriers or (ii) an entity
providing network capacity or services on a wholesale basis, including to wireline and wireless
communication service providers, cable operators, device manufacturers, web players or content
providers. Licensor shall not be considered a Wireless Carrier.
2. Grant of License. Licensor agrees, subject to the conditions in this Agreement, that it will permit Licensee
(a) to place and maintain Attachments within the Radio Space designated on the Structures in order to operate its
System as set forth in Schedule 11 hereto, including the construction of the Hub Site and (b) if applicable to use
Licensor’s Fiber or related conduit in operation of the System as set forth in Schedule 11 hereto (the “Initial
License”, collectively with all Additional Licenses, the “License”). Licensee agrees that its Attachments will be
used only in connection with Licensee's construction, operation and maintenance of the System and for no other
purpose. Licensee expressly recognizes that the Structures are used and are to continue to be used by Licensor for
the Primary Purpose, and that Attachments are and will continue to be secondary and subordinate to Licensor’s use
of the Structures. Licensee shall be solely responsible for obtaining other required attachment or license agreements
for Structures which may be located on Licensor's property, but not owned by Licensor.
a. Additional Licenses. Licensee shall have the right to (i) attach to any additional Structure; or
(ii) add additional Attachments to any Structure; or use additional portions of Licensor’s Fiber,
upon grant of an Additional License (substantially in the form attached hereto as Exhibit AA
hereto) by Licensor or by the Structure Manager on behalf of Licensor. Each Additional License
shall identify the location of the Attachments authorized in the Additional License. Subject to
Section 2.b below, Licensee shall have priority right to the use of the Structures for purpose of
operating a System on the Property and Licensor shall not permit the installation or operation of
any other services which cause material and harmful interference to the System.
b. Limitations. Regardless of its duration, Licensee's use of a Structure shall not vest in Licensee
any ownership rights in the Structure. The right to Attach herein granted shall at all times be
subject to pre-existing contracts and arrangements, written notice of which Licensor provides to
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Wireless Communications and License Agreement
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Licensee in advance of issuing a License. Nothing herein contained shall be construed to compel
Licensor to maintain any of its Structures for a period longer than is necessary for its Primary
Purpose. In addition, notwithstanding anything in this Agreement to the contrary, Licensee's right
to Attach to any Structure shall at all times be subject to Licensor's police power, and Licensee
acknowledges that Licensor cannot waive or limit such police power by entering into this
Agreement.
c. Consents. Licensor represents that it is authorized to grant Licenses to Licensee to Attach and
that Licensor has authorized the Structure Manager to grant Licenses on its behalf consistent with
the terms of this Agreement. With respect to any Structures to which Licensor's grant of a License
to Licensee requires third party consent, Licensor shall use reasonable efforts to obtain such
consent, provided that such reasonable efforts are at no cost to Licensor. Licensee will be
responsible at its expense for securing all Government Permits necessary for the installation and
operation of the System. To the extent that any Governmental Permits are subject to Licensor's
approval, nothing in this Agreement shall require Licensor's approval or issuance of such
Governmental Permits, or imply that Licensor will approve or issue such Governmental Permits.
Licensor shall process such Governmental Permit applications as any other permit applications are
processed in the normal course of business.
d. Preferred Provider. Licensor acknowledges that it intends each System to replace coverage
currently provided at each Property by certain Wireless Carriers through the Existing Agreements
and that Licensee has entered into this Agreement to construct and operate the System in reliance
upon Licensor’s covenants contained in this Section 2. Therefore, during the Term, except as
provided below, Licensor shall take no affirmative actions to renew or extend any of the Existing
Agreements, nor execute any amendments or other documents to extend the term of any Existing
Agreement beyond its currently effective final expiration date, unless specifically requested to do
so by an existing tenant. Without limiting the obligations above, Licensor reserves the right (a) to
continue the Existing Agreements until current term expiration; and (b) to maintain, amend, renew
or extend any Non-Conflicting Agreement. The DAS shall not cause interference to any networks
or network facilities utilized by Licensor, and if any such interference is identified, Licensee shall
take reasonable steps to correct such interference within a reasonable period of time. At such time
as Licensor enters into any agreement with any other Person utilizing municipal facilities
(including the Structures) or municipal rights of way for deployment of a wireless
communications network, the Licensor shall impose similar non interference requirements,
including preventing material and harmful interference with the System. Notwithstanding
anything to the contrary in this Section 2, Licensor expressly reserves its police power, and
nothing in this Section 2 shall limit Licensor’s police power.
e. System Expansion. Licensor and Licensee acknowledge and agree that increased demand,
changes or advances in wireless technology, among other reasons, during the Term may cause
Licensor to desire expansion of the System or the provision of additional wireless network
coverage on the Property (collectively, “Additional Services”), and Licensee shall have the non-
exclusive right to provide the Additional Services as set forth herein. In the event Licensor desires
Additional Services (whether such intent is initiated from its own request or in response to a
request from a Wireless Carrier to use space on the Property), it shall provide a written proposal to
Licensee setting forth its coverage, technology and other objectives. Licensee shall provide a
written proposal for the provision of Additional Services within sixtyninety (6090) days following
receipt of notice from Licensor. In the event that Licensor accepts Licensee’s proposal (as may be
modified by mutual consent), the Parties agree to execute an Application and Additional License
in substantially the form set forth in Exhibit AA (as mutually agreed) describing the Additional
Services. In the event that (i) Licensee declines to provide the Additional Services, or
(ii) following good faith negotiations, Licensor and Licensee cannot reach agreement on the
provision of Additional Services within ninety (90)one hundred eighty (180) days following
delivery of the proposal, then Licensor shall be free to enter into agreements with any third party
for Additional Services but similar to that set forth in its original request or initial Licensee’s
proposal. Notwithstanding the provisions of this section, Licensor shall have no obligation
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whatsoever to allow any Additional Services and Licensee shall have no obligation to effect or
right to require such expansion.
3. Term. This Agreement shall commence on the Effective Date and shall continue in effect for a period of
tenfifteen (105) years following the Term Commencement Date (the “Initial Term”) unless previously terminated
pursuant to the provisions herein. The Agreement shall automatically renew for twohree (23) additional five (5)
year terms (each a “Renewal Term”, collectively with the Initial Term, the “Term”), unless Licensee provides
written notice to Licensor of its intent not to renew not less than one hundred eighty (180) days prior to the
expiration of the then-current Term, provided, however, that if on such date there is not at least two (2) Wireless
Carriers then paying recurring fees and operating on all or at least fifty-one percent (51%) of the System, then the
right not to renew shall be mutual among Licensee and Licensor. The term of any License of a Structure shall,
unless previously terminated pursuant to the provisions of this Agreement, continue in effect until the end of the
Term.
4. Consideration.
a. In consideration for Licensor’s entering into this Agreement and granting the Licenses to Licensee
throughout the Term, Licensee shall provide the following at no cost to Licensor:
i. the installation, operation and maintenance of the indoor DAS part of the DAS at the Vail
Transportation Center, described in more detail in Schedule 1, to be installed as soon as
practical and operational before October 1, 2012 subject to Licensee’s obtaining all
Government Permits pursuant to the last sentence of Section 2.c.
ii. the construction of the remaining portion of the DAS, including the enhancement of
existing cellular and data services available for licensed carriers operating in this market,
through the installation of the DAS described in more detail in Schedules 1 and 1.1,
including cellular base nodes (or macro sites), with the prior approval of locations and
specifications by Licensor.
iii. a Wi-Fi Network described in Schedule 1.1.
iv. In consideration for Licensor’s entering into this Agreement, Licensee shall make an
initial payment to Licensor of Five Thousand Dollars ($5,000), due and payable within
thirty (30) days following the Effective Date.
a. Licensee agrees to reimburse Licensor for any documented increase in real estate or personal
property taxes, or any other taxes or fees levied against the Property that are directly attributable to
the improvements constructed by Licensee. Licensor agrees to provide Licensee any
documentation evidencing the increase and how such increase is attributable to Licensee’s use.
Licensee reserves the right to challenge any such assessment, and Licensor agrees to cooperate
with Licensee in connection with any such challenge; provided however, that any costs incurred
by Licensor in providing such cooperation shall be reimbursed by Licensee.
5. Construction and Operation of the System. Licensee shall commence the construction of the Indoor
DAS system at the Vail Transportation Center described in Section 4.a.i upon the execution of this Agreement,
which system will be ready for use by Wireless Carriers by October 31, 2012, subject to events of force majeure or
changes requested by Licensor. However, Licensee will not commence construction of the Wi-Fi Network or
additional Nodes for the System on the Property until it receives a binding contractual commitment from at least
one (1) Wireless Carrier to use the System. Licensee will endeavor, using commercially reasonable efforts but
subject to events of Force Majeure or changes requested by Licensor, that the Wi-Fi Network will be operational by
October 31, 2013 and the additional Nodes for the System will be ready for use by Wireless Carriers by October 31,
2013. Licensee, at its own cost and expense, shall construct the System at the Property as set forth in Schedule 11
accordance with the following:
a. Standard of Care. Licensee shall construct and maintain all Attachments in a safe condition in
accordance with the System Specifications, applicable Laws and Licensor's general construction
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and maintenance standards, as either may be amended, revised and supplemented from time to
time. In the event of conflict or ambiguity among Laws, Licensor in its sole but reasonable
discretion shall determine which Laws shall govern. No work shall be done by Licensee when
there is reason to suspect that working conditions on a Structure may be hazardous as the result of
weather or any other conditions.
b. Contact. Licensee shall respond on a 24/7 basis to any problems or emergencies reported by the
Structure Manager via contact to Licensee’s network operations center at (800) 788-0011 or via
any other toll-free or local telephone number designated by Licensee upon written notice to
Licensor.
c. Relocation. Licensee shall not change the location of its Attachments without the written consent
of Licensor, except in cases of emergency. In cases of emergency, Licensee shall first procure
Licensor's consent orally by contacting the Structure Manager and such request and consent may
be confirmed in writing by Licensee and approved in writing by Licensor once the emergency has
been resolved. Within thirty (30) days following the termination or resolution of the emergency,
Licensee at its sole expense shall return its Attachments to the authorized location at the Structure.
d. Licensor Liability. Licensor reserves to itself, its successors and assigns, the right to maintain the
Structures as necessary to fulfill its Primary Purpose. Licensor shall not be liable to Licensee for
any interruption of service for the System, or for any property of Licensor used by Licensee.
Licensee specifically waives any claim for indirect, special, consequential or punitive damages
against Licensor in connection with this Agreement, including any claims for loss or interruption
of service.
e. Licensee Liability. Licensee shall exercise reasonable caution in performing the activities
covered by this Agreement to avoid damage to the Structures. Licensee hereby agrees to
reimburse Licensor for any direct or indirect costs incurred in making repairs to any of such
property damaged by Licensee, its contractors or any other entity acting on Licensee’s behalf.
Licensee shall promptly advise Licensor of all incidents and claims relating to damage to property
or injury to or death of persons, arising or alleged to have arisen in any manner by Licensee’s
activities upon the Property.
f. Utilities. Licensor makes no representations or warranties with respect to availability of utilities
to serve each Attachment. Licensor shall allow Licensee to access its electrical power, provided
that Licensee pays the cost of utility service provided to the Property and attributable to Licensee’s
use. Such costs shall be billed monthly by Licensor to Licensee, with reasonable supporting
documentation of such utility consumption, and shall be paid be Licensee upon receipt of such
invoice. Licensee agrees to pay for utilities based on (i) sub-metering equipment at the Hub Site,
to be installed by Licensee at its cost; and (ii) estimated usage for each Node, based on equipment
specifications and spot measurements.
g. Hazardous Materials. Licensee shall not (either with or without negligence) cause or permit the
escape, disposal or release of any Hazardous Materials on or from the Property in any manner
prohibited by Law. Licensee shall indemnify and hold Licensor harmless from all Claims from
the release of any Hazardous Materials on the Property if caused by Licensee.
h. Fiber Network Operations. Licensee shall maintain and operate the Fiber Network in
accordance with the Fiber Network Standards.
i. Updating System. During the Term the System will support equipment technologies desired to
be operated by Wireless Carriers, as it is contemplated that most technological advances will not
impact the System, rather the equipment owned or operated by Wireless Carriers. The failure of
Wireless Carriers to update their respective equipment on the System will not result in a breach by
Licensee hereunder.
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j. Monitoring. Licensee’s Network Operations Center (NOC) shall provide 24 hours a day, 7 days
per week monitoring of the System. Licensee shall respond to any issues discovered by the NOC
or reasonable problems or emergencies reported by the Structure Manager via contact to the NOC
at (800) 788-0011. The NOC will promptly open a trouble ticket upon receipt of a service
impacting alarm. Licensee will use commercially reasonable efforts to respond to alarms for
failed Wi-Fi Network access points within four (4) hours during business hours in order to resolve
same as promptly as reasonably practicable. Notwithstanding the foregoing, Licensee shall not be
responsible to resolve any issues that are caused by or are the result of (i) the failure of Licensor’s
Fiber to satisfy the Fiber Standards or (ii) the failure of the Wireless Carriers’ equipment to
operate as expected,
k. Wi-Fi Network. The Wi-Fi network will contain Wi-Fi equipment to support technologies for
managing network traffic to enhance user experience such as measuring bandwidth and detecting
changes to network conditions and will maintain an uptime commitment for the core network of at
least ninety-nine percent (99%), measured annually.
6. Removal of Attachments. Without limiting or terminating the Term of the Agreement, specific Licenses
may be terminated without fault to either party upon the following conditions:
a. Termination by Licensee. Licensee may terminate its License as to any Structure by removing
its Attachments therefrom and restoring the Structure to its prior condition if, in its reasonable
business judgment: (i) such removal will not materially degrade the RF coverage on the Property;
or (ii) the Attachment being removed is to be relocated pursuant to a new License. At least
thirty (30) days prior to removal, Licensee shall give Licensor notice of such removal substantially
in the form attached hereto as Exhibit BB hereto.
b. Relocation by Licensor. Licensor may require Licensee to remove any Attachment if Licensor,
in support of its Primary Purpose, intends to remove, substantially alter or demolish the Structure
supporting such Attachment so that it is unable to support the Attachment or the Attachment will
interfere with Licensor’s use of the Structure. In order to require such removal, Licensor must
(i) provide at least one hundred eighty (180) days’ written notice prior to the date of the proposed
removal of any Attachment, but at least three hundred sixty-five (365) days’ written notice prior to
the date of the proposed removal of the Hub Site, (ii) propose a reasonable alternative location for
such Attachment (the “Alternate Location”); and (iii) must grant Licensee at least
one hundred eighty (180) days following receipt of all necessary Government Permits (but at least
three hundred sixty-five (365) days for relocation of the Hub Site) to complete the relocation. In
the event Licensee accepts the Alternate Location, Licensor and Licensee shall execute a License
before construction commences. Licensee shall be responsible for its cost of relocating the
Attachment. Notwithstanding anything in this Agreement to the contrary, Licensor may order
removal of any Attachment in a shorter period of time if Licensor determines that removal is in the
best interest of the public health, safety or welfare.
c. Conflict with Laws. Upon written notice from Licensor to Licensee that the use of any Structure
is forbidden by Law, the License to Attach to such Structure shall immediately terminate and the
Attachments of Licensee shall be removed by Licensee from the affected Structures, provided,
however, that Licensee, with Licensor’s reasonable assistance, may contest such adverse decision
in good faith, and during the pendency of such challenge may maintain such Attachment to the
extent allowed by Government Authorities. Licensor will cooperate with Licensee to identify a
suitable Alternative Location, in which case the Attachment shall be relocated in accordance with
the process set forth in Section 6.b above.
7. Indemnification. To the extent permitted by applicable law, Licensee and Licensor shall indemnify and
hold harmless each other and their respective Agents from and against all Claims, whether direct or indirect, as a
result of, arising out of or in any way connected with activities under this Agreement, whenever made or incurred.
Either Party shall have the right to demand that the other Party undertake to defend any and all suits and to
Formatted
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Wireless Communications and License Agreement
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investigate and defend any and all Claims. Notwithstanding the foregoing, neither Party shall have an obligation to
indemnify or defend against any Claim to the extent caused by the negligence or willful misconduct of the other
Party or its Agents. Licensor’s indemnification obligations, to the extent permitted by applicable law, are subject to
Section 13.g.
8. Insurance; Casualty. Licensee shall carry insurance at its sole cost and expense to protect the Parties
from risk arising out of placement of the Attachments on the Structures. Licensee shall provide the specified
insurance throughout the Term, shall file with Licensor's designated risk manager certificates of insurance
evidencing such coverage. Certificates and policies shall provide that coverage may not be canceled without
thirty (30) days’ prior written notice to Licensor.
a. Coverage Amounts. Throughout the Term Licensee shall maintain the following insurance
coverage from a carrier licensed to conduct business in the state where the Property is located:
i. Worker's compensation meeting statutory requirements.
ii. Commercial general liability insurance including personal injury, contractual liability,
independent contractors and broad form property damage with the following minimum
liability limits: (i) $1,000,000 per occurrence combined single limit; (ii) $2,000,000
general aggregate; and (iii) $3,000,000 umbrella liability, with an endorsement stating
Licensor is an additional insured with respect to operations relating to this Agreement.
iii. Commercial automobile liability insurance with a minimum liability limit of $1,000,000
per occurrence combined single limit.
b. Subcontractor Insurance. Licensee agrees that it will require all of its contractors and
subcontractors accessing the Property to provide insurance meeting the requirements of this
Section 8.
c. Casualty and Restoration. In the event that one or more of the Structures containing an
Attachment is damaged or destroyed such that it cannot be used for an Attachment, then within
five (5) days of such damage or destruction Licensor shall notify Licensee of its intent whether to
repair the Structure, and if so then the proposed schedule for such repair. Licensee will have the
option to (i) declare this Agreement null and void with respect to the affected Attachments, (ii) to
the extent that the damage will prevent continued operation of the Hub Site or the System in
Licensee’s reasonable discretion, terminate this Agreement, or (iii) wait for Licensor to repair the
Structure.
9. Eminent Domain. If Licensor receives notice of a proposed taking by eminent domain (or any agreement
in lieu of condemnation) of any part of the Property impacting any Attachment, Licensor will notify Licensee of the
proposed taking within five (5) days of receiving such notice. Licensee will have the option to: (i) declare this
Agreement null and void with respect to the affected Attachments and thereafter neither Party will have any liability
or obligation hereunder for each such Attachment; or (ii) respect to a taking which will prevent continued operation
of the Hub Site or the System in Licensee’s reasonable discretion, to terminate this Agreement. With either option,
Licensee shall have the right to contest the taking in good faith and to directly pursue an award from the
condemning authority.
10. Default. In the event of default by either Party (the “Defaulting Party”) with respect to any of the
provisions or obligations of this Agreement, the other Party (the “Non-Defaulting Party”) shall give the Defaulting
Party written notice of such default. After receipt of such written notice, the Defaulting Party shall have fifteen (15)
days in which to cure any monetary default and thirty (30) days in which to cure any non-monetary default. The
Defaulting Party shall have such extended periods as may be required beyond the thirty (30) day cure period to cure
any non-monetary default if the nature of the cure is such that it reasonably requires more than thirty (30) days to
cure, and Defaulting Party commences the cure within the thirty (30) day period and thereafter continuously and
diligently pursues the cure to completion (the “Cure Period”). The Non-Defaulting Party may not maintain any
action or effect any remedies for default against the Defaulting Party unless and until the Defaulting Party has failed
to cure the same within the time periods provided in this Section.
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a. Consequences of Licensee’s Default. In the event that Licensee remains in default beyond the
Cure Period, Licensor may, at its option, upon written notice: (i) terminate the Agreement with
respect to the Attachment(s) related to the default and be relieved from all further obligations
under this Agreement with respect to such Attachment; (ii) perform the obligations of Licensee
specified in such notice, in which case any expenditures reasonably made by Licensor in so doing
shall be deemed paid for the account of Licensee and Licensee agrees to reimburse Licensor for
said expenditures upon demand; or (iii) terminate the License with respect to the Attachment
giving rise to the Default, in which event Licensee shall remove the Attachment in accordance
with subsection c below, and the Parties shall amend the Agreement accordingly.
b. Consequences of Licensor’s Default. In the event that Licensor remains in default beyond the
Cure Period, Licensee may, at its option, upon written notice: (i) terminate the Agreement with
respect to the Attachment(s) related to the default, be relieved from all further obligations under
this Agreement with respect to such Attachment; or (ii) sue for damages to recover any amount
reasonably expended by Licensee as a result of such default excluding any claims of lost fees or
profits as well as exemplary and punitive damages.
c. Removal of Attachments. Upon expiration or earlier termination of this Agreement, Licensee
shall, within sixty (60) days following termination or expiration of the Term, remove at its sole
cost and expense, any or all of the Attachments, specifically excluding Licensee’s Fiber, or restore
all or any part of the Radio Space to the same condition as originally received by Licensee
(ordinary wear and tear excepted).
11. Assignment. This Agreement shall extend to and bind the successors, transferees and permitted assigns of
the Parties. Any attempted assignment or transfer by Licensee in violation of this Section shall be void.
a. Assignment by Licensee. Licensee shall not assign this Agreement without the prior written
consent of Licensor, provided that Licensee has the right to sublicense the Hub Site space and use
of the System to any Wireless Carrier.
b. Assignment by Licensor. Licensor may assign or transfer its interest in this Agreement, provided
that the assignee shall be bound by all provisions herein.
c. Sale of Property. If Licensor sells all or part of the Property, then such sale shall be subject to
this Agreement.
12. Notice. Except as otherwise specified, any notice to be given to Licensor under this Agreement shall be
sent by registered mail, return receipt requested, or by overnight courier with a tracking record of delivery to
respective addresses set forth below. Except as otherwise stated herein, any notice shall be effective immediately
upon being deposited with the applicable delivery agent.
Licensor: Licensee:
Town of Vail NewPath Networks, LLC.
75 South Frontage Road 2000 Corporate Drive
Vail, CO 81657 Canonsburg, PA 15317
(970) 479-2154 (724) 416-2000
Attn: Director of Information Technology Attn: Legal Department
With a copy that shall not constitute notice to:
Vail Town Attorney Contract Administrator
75 S. Frontage Road NewPath Networks, LLC
Vail, CO 81657 1100 Dexter Avenue North
Suite 250
Seattle, WA 98109
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13. Miscellaneous.
a. Governing Law; Venue. This Agreement shall be governed by and interpreted according to the
laws of the State of Colorado, without reference to its choice of law or conflict of law rules.
Venue for any proceeding brought in connection with this Agreement shall be in Eagle County,
Colorado.
b. No waiver. Except as expressly set forth in this Agreement: (i) neither Party shall be deemed to
have waived any of its rights hereunder unless such waiver is in writing; (ii) no delay or omission
by any Party in exercising any right shall operate as a waiver of such right or of any other right;
and (iii) a waiver on any one occasion shall not be construed as a bar to, or waiver of, any right or
remedy on any future occasion.
c. Interpretation. The singular includes the plural and the plural includes the singular. Except as
otherwise provided herein, references to a Section, Schedule or Exhibit mean a Section, Schedule
or Exhibit contained in or attached to this Agreement, all of which are incorporated herein by
reference. The caption headings in this Agreement are for convenience and reference only and do
not define, modify or describe the scope or intent of any of the terms of this Agreement. This
Agreement will be interpreted and enforced in accordance with its provisions and without the aid
of any custom or rule of law requiring or suggesting construction against the Party drafting or
causing the drafting of the provisions in question. If any one or more of the provisions of this
Agreement, or the applicability of any such provision to a specific situation, shall be held invalid
or unenforceable by Law, such provision shall be modified to the minimum extent necessary to
make it or its application valid and enforceable, and the validity and enforceability of all other
provisions of this Agreement and all other applications of any such provision shall not be affected
thereby. If any date herein set forth for the performance of any obligations by either party or for
the delivery of any instrument or notice as herein provided should be on a Saturday, Sunday or
legal holiday in Pennsylvania, the compliance with such obligations or delivery shall be deemed
acceptable on the next business day. These terms shall have the indicated meaning when used in
this Agreement: (i) including shall mean including, without limitation, (ii) or shall mean and/or
(unless indicated otherwise), and (iii) discretion means within the applicable party’s sole
discretion. Further, any reference to statute, act or code shall mean the statute, act or code as
amended.
d. Entire Agreement. This Agreement constitutes the entire and final expression of the Parties
hereto with respect to the subject matter hereof, and supersede all previous agreements and
understandings of the Parties, either oral or written. This Agreement can be amended only by
written agreement signed by the Parties.
e. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be
fully executed as an original and all of which together shall constitute one and the same instrument.
f. Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial
obligations of the Town not performed during the current fiscal year are subject to annual
appropriation, and thus any obligations of the Town hereunder shall extend only to monies
currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
g. Governmental Immunity. Licensor and its officers and employees are relying on, and do not
waive or intend to waive by any provision of this Agreement, the monetary limitations (presently
one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars
($600,000) per occurrence) or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise
available to Licensor and its officers or employees.
h. Rights and Remedies. The rights and remedies of Licensor and Licensee under this Agreement
are in addition to any other rights and remedies provided by law. The expiration of this
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Agreement shall in no way limit Licensor's legal or equitable remedies, or the period in which
such remedies may be asserted, for work negligently or defectively performed.
i. Municipal Corporation. Licensor is a municipal corporation under the laws of the State of
Colorado. Licensor and Licensee acknowledge that this Agreement is subject to public disclosure
as specified by the Colorado Open Records Act, CRS § 24-72-200 et seq.
j. Warranty. Licensor hereby expressly disclaims all warranties of merchantability and fitness for a
particular purpose associated with the Property. Licensee accepts the Property “As Is.” unless
otherwise set forth herein.
k. Waiver. The receipt of any sum paid by Licensee to Licensor after a breach of this Agreement
shall not be deemed a waiver of such breach unless expressly set forth in writing by Licensor.
l. Survival. Terms and conditions of this Agreement which by their sense and context survive the
termination, cancellation or expiration of this Agreement will so survive.
IN WITNESS WHEREOF, Licensor and Licensee have caused this Agreement to be executed by their duly
authorized representatives as of the Effective Date.
LICENSOR: LICENSEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: Richard A. Platt
Title: _________________________________________ Title: Vice President – DAS and Small Cell Sales
Date: _________________________________________ Date: ______________________________________
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Wireless Communications and License Agreement
Schedule 1 System Description Page 1 of 1
Schedule 1
System Description
The Hub Site and Node locations are generally identified on the attached preliminary network drawings. During the
design and installation process, Nodes and antennae locations will be specifically identified and approved (and may
be changed) by mutual agreement of Licensor and Licensee. A form for such approval (contemplated being
executed for each such location), is attached hereto as Schedule 1.1, which may be changed from time to time by
mutual agreement of the parties.
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Hub Lease Area
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Vail Transportation Center Indoor DAS Design
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Schedule 1.1
Hub Site/Node Location Form
Hub Site or Node location description set forth below or on attached map or construction drawing.
LICENSOR
Town of Vail
By: _________________________
Print Name: _________________________
Title: _________________________
Date: _________________________
LICENSEE
NewPath Networks, LLC
By: _________________________
Print Name: _________________________
Title: _________________________
Date: _________________________
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Schedule 1.1 Hub Site/Node Location Form Page 2 of 14
Outdoor DAS Node Locations
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Schedule 1.1 Hub Site/Node Location Form Page 4 of 14
Sites and Sectors for Outdoor DAS Nodes
Name Longitude Latitude
Fire #3 Fiber POP -106.4225 39.628
N2 -106.399117 39.640746
NEW3_A -106.368 39.63871
NEW5_B -106.414 39.631791
nNEW6 -106.405995 39.636834
VAIL MUNI -106.380056 39.644194
VAIL165Frst-EXPOL -106.380361 39.6405
VAILCasSpa-EXPOL -106.402167 39.638194
VAILCommns-EXPOL -106.415833 39.632194
VAILDonPav-EXPOL -106.409 39.634556
VAILFireN2-GWROF -106.379 39.642222
VAILFordSo-EXPOL -106.366 39.638361
VAILFrdPrk-EXPOL -106.366444 39.639944
VAILGorBus-EXPOL -106.410278 39.633444
VAILHou142-EXPOL -106.380556 39.642694
VAILIceRnk-EXPOL -106.383806 39.644
VAILLHBus-EXPOL -106.387083 39.643694
VAILLHSqu-EXPOL -106.389944 39.642667
VAILLHVAWhse-EXPOL -106.393389 39.642806
VAILMarriN-EXPOL -106.391583 39.643278
VAILMarStr-EXPOL -106.419167 39.628222
VAILMedCtr-EXPOL -106.383167 39.643083
VAILMidRnd-EXPOL -106.376778 39.643278
VAILPedXvr-EXPOL -106.390222 39.644639
VAILPopWgn-EXPOL -106.374 39.640083
VAILTivS-EXPOL -106.370861 39.63975
VAILTransE-GWROF -106.371694 39.641917
VAILTransW-EXPOL -106.374389 39.642444
VAILVrdTen-EXROF -106.364028 39.640833
VAILWestMa-EXPOL -106.417139 39.630833
VAILWilowPk-EXPOL -106.376583 39.640778
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Public Works Facility Monopine Design & Lease Area
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Fiber Layout
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Schedule 1.1 Hub Site/Node Location Form Page 10 of 14
Wi-Fi Network
Hostname Node Type Part
Number
Serial
Number Latitude Longitude Altitude MAC
VAIL165Frst-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935209 39.640545 -106.380386 2508.060303 00:0a:db:03:66:3f
VailAntlers-CPE SkyConnect
or Outdoor
710-
00010-03 F50161041 0 0 0 00:0a:db:02:11:b0
VAILAraPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908957 39.643986 -106.38887 2467.435303 00:0a:db:03:45:5f
VAILAspLne-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20881896 39.646687 -106.326447 2517.784912 00:0a:db:01:f2:3f
VAILBlkGrDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20933512 39.624428 -106.283089 2615.303223 00:0a:db:03:84:1f
VAILBooFls-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935196 39.647591 -106.321907 2534.149414 00:0a:db:03:68:3f
VAILBooFls-
GWTR SkyGateway 710-
00011-02 F20919211 39.64769 -106.321487 2534.939941 00:0a:db:03:19:15
VAILBooPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20839139 39.647873 -106.324867 2523.485107 00:0a:db:01:92:1f
VAILCasSpa-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891117 39.638218 -106.402176 2451.673584 00:0a:db:01:fd:9f
VAILChkChar-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908897 39.640606 -106.375458 2480.034424 00:0a:db:03:49:7f
VAILChxBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908969 39.624962 -106.424568 2402.950928 00:0a:db:03:44:5f
VAILColDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891108 39.637222 -106.29805 2570.971436 00:0a:db:01:fc:7f
VAILCommns-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20764255 39.632187 -106.415817 2434.696777 00:0a:db:01:44:7f
VAILDayCar-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891113 39.645519 -106.37854 2502.113037 00:0a:db:01:fd:1f
VAILDonPav-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20839131 39.63456 -106.409004 2430.747803 00:0a:db:01:8f:ff
VAILDouDia-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909035 39.643536 -106.387924 2469.311035 00:0a:db:03:31:9f
VAILDwdJct-
GWTR SkyGateway 710-
00011-02 F20919170 39.616257 -106.449623 2727.088867 00:0a:db:03:19:0c
VAILEasBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873719 39.638905 -106.300835 2556.262451 00:0a:db:01:cb:5f
VAILEastLdg-
GWROF SkyGateway 710-
00011-02 F20915118 -89.999992 89.999992 0 00:0a:db:03:18:2f
VAILEgeNstW-
GWTR SkyGateway 710-
00011-02 F20919176 39.620514 -106.392952 3134.248535 00:0a:db:03:18:fc
VAILElfPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908975 39.62785 -106.425392 2444.02832 00:0a:db:03:42:9f
VAILFalBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20809774 39.645042 -106.307068 2547.146729 00:0a:db:01:69:bf
VAILFireN1-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20859642 39.63773 -106.301155 2561.112305 00:0a:db:01:d7:7f
VAILFireN2-
GWROF SkyGateway 710-
00011-02 F20915135 39.642208 -106.37896 2488.088623 00:0a:db:03:18:33
VAILFordSo-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873794 39.638367 -106.366013 2492.923096 00:0a:db:01:a0:ff
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Schedule 1.1 Hub Site/Node Location Form Page 11 of 14
Hostname Node Type Part
Number
Serial
Number Latitude Longitude Altitude MAC
VAILFrdPrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908988 39.639935 -106.366386 2494.196289 00:0a:db:03:41:df
VAILGolf13-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908996 39.645691 -106.332069 2514.617188 00:0a:db:03:40:5f
VAILGolfCl-
EXROF
SkyExtender
DualBand
710-
00012-02 F20873736 39.64172 -106.344772 2506.025635 00:0a:db:01:c8:5f
VAILGorBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908980 39.633453 -106.410255 2420.54126 00:0a:db:03:40:df
VAILGorsuc-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891126 39.640823 -106.373116 2484.612061 00:0a:db:01:fe:bf
VAILGymnas-
GWROF SkyGateway 710-
00011-02 F20919169 39.646431 -106.388519 2506.913086 00:0a:db:03:19:0d
VAILGymnas2-
GWROF SkyGateway 710-
00011-02 F20915115 39.64653 -106.388481 2512.072754 00:0a:db:03:18:1e
VAILHanRan-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20916341 39.640106 -106.372879 2488.291016 00:0a:db:03:4b:df
VAILHou142-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908966 39.642715 -106.380516 2475.302246 00:0a:db:03:43:ff
VAILIceRnk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20832549 39.644001 -106.383789 2483.291748 00:0a:db:01:b3:df
VAILIntBri-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890359 39.641026 -106.375648 2477.281982 00:0a:db:01:f7:bf
VAILKinBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891133 39.618958 -106.428368 2382.718994 00:0a:db:01:fb:5f
VAILLftHse-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891112 39.644249 -106.388298 2474.272949 00:0a:db:01:fc:ff
VAILLHBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909027 39.643681 -106.387062 2475.569824 00:0a:db:03:30:9f
VAILLHI70-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908874 39.644806 -106.389137 2480.512451 00:0a:db:03:5d:df
VAILLHMoes-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891128 39.643898 -106.389816 2499.722168 00:0a:db:01:fe:ff
VAILLHPkC-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908962 39.64431 -106.38604 2482.513184 00:0a:db:03:43:7f
VAILLHPkE-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935227 39.64439 -106.385094 2486.199707 00:0a:db:03:9c:bf
VAILLHPkW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908876 39.64439 -106.386887 2483.990234 00:0a:db:03:5e:1f
VAILLHPlaz-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908951 39.643696 -106.390572 2470.389404 00:0a:db:03:44:9f
VAILLHSqu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908987 39.642658 -106.389923 2468.953613 00:0a:db:03:41:bf
VAILLHVAWh
se-EXPOL
SkyExtender
DualBand
710-
00012-02 F20908968 39.642818 -106.393349 2470.900879 00:0a:db:03:44:3f
VAILLibr-
GWROF SkyGateway 710-
00011-02 F20915117 39.643429 -106.383904 2471.096924 00:0a:db:03:18:30
VailLionsHeadA
nnex-CPE
SkyConnect
or Outdoor
710-
00010-03 F50161057 0 0 0 00:0a:db:02:11:a0
VailLionsHeadI
nn-CPE
SkyConnect
or Outdoor
710-
00010-03 F50161256 0 0 0 00:0a:db:02:10:a6
VAILMarriN-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891122 39.643188 -106.391518 2483.217773 00:0a:db:01:fe:3f
6 - 1 - 34
6/5/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 12 of 14
Hostname Node Type Part
Number
Serial
Number Latitude Longitude Altitude MAC
VAILMarriW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909033 39.642834 -106.39241 2467.881836 00:0a:db:03:31:5f
VAILMarStr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908972 39.628235 -106.419159 2402.526367 00:0a:db:03:42:3f
VAILMeaCrk-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908998 39.620056 -106.428001 2386.569824 00:0a:db:03:40:9f
VAILMedCtr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20930975 39.643082 -106.383202 2475.892578 00:0a:db:03:7f:ff
VAILMidCrk-
EXROF
SkyExtender
DualBand
710-
00012-02 F20924651 39.645966 -106.380539 2524.767578 00:0a:db:03:68:ff
VAILMidRnd-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891118 39.643307 -106.376778 2493.232422 00:0a:db:01:fd:bf
VAILMunCtr-
GWTR SkyGateway 710-
00011-02 F20915129 39.644127 -106.380066 2493.196289 00:0a:db:03:18:38
VAILPedXvr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891103 39.64463 -106.39019 2487.701904 00:0a:db:01:fb:df
VAILPopWgn-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909009 39.640079 -106.374008 2482.077637 00:0a:db:03:33:5f
VAILPtatoPDr-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20832525 39.648537 -106.392036 2574.099365 00:0a:db:01:af:9f
VAILPubWkE-
GWROF SkyGateway 710-
00011-02 F20915108 39.642845 -106.354698 2508.735352 00:0a:db:03:18:26
VAILRacClu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20858947 39.630207 -106.28669 2598.754883 00:0a:db:01:98:5f
VAILRedSanRd
-EXPOL
SkyExtender
DualBand
710-
00012-02 F20908983 39.647388 -106.396172 2501.432129 00:0a:db:03:41:3f
VAILSanBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890318 39.64563 -106.390503 2494.872803 yyyy
VAILSanDrBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935331 39.644733 -106.397934 2491.250488 00:0a:db:03:8b:1f
VAILSimRBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873779 39.643036 -106.399292 2478.290039 00:0a:db:01:cd:7f
VAILSkiClu-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20909003 39.638454 -106.367355 2492.670654 00:0a:db:03:35:1f
VAILSonAlp-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891119 39.642021 -106.377144 2482.66626 00:0a:db:01:fd:df
VAILStream-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908953 39.633232 -106.291451 2579.788086 00:0a:db:03:44:df
VAILSunBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20890321 39.641247 -106.349411 2502.162598 00:0a:db:01:f5:5f
VAILTimBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20876235 39.632984 -106.293503 2577.217773 00:0a:db:01:bd:5f
VAILTimRid-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908981 39.63924 -106.403969 2458.951172 00:0a:db:03:40:ff
VAILTivLod-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891129 39.64035 -106.370811 2488.428711 00:0a:db:01:ff:1f
VAILTivS-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20935277 39.63974 -106.370834 2490.051758 00:0a:db:03:9e:df
VAILTransCtr-
GWROF SkyGateway 710-
00011-02 F20807531 39.642246 -106.373215 2497.926025 00:0a:db:03:01:1a
VAILTransE-
GWROF SkyGateway 710-
00011-02 F20807533 39.64193 -106.371674 2496.168457 00:0a:db:03:01:18
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6/5/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 13 of 14
Hostname Node Type Part
Number
Serial
Number Latitude Longitude Altitude MAC
VAILTransW-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20858959 39.642445 -106.374367 2493.456787 00:0a:db:01:98:df
VAILVaiRun-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908869 39.642883 -106.396988 2472.231201 00:0a:db:03:5d:3f
VAILVillCtr-
EXROF
SkyExtender
DualBand
710-
00012-02 F20858956 39.64185 -106.375458 2487.357422 00:0a:db:01:97:bf
VAILVRC-
GWROF SkyGateway 710-
00011-02 F20919216 39.630875 -106.290375 2592.561035 00:0a:db:03:19:10
VAILVRCBrL-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908965 39.631248 -106.28846 2590.740479 00:0a:db:03:43:df
VAILVRCMid-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891121 39.632084 -106.290794 2590.630615 00:0a:db:01:fe:1f
VAILVRCWest-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20891104 39.631954 -106.291779 2592.123779 00:0a:db:01:fb:ff
VAILVrdTen-
EXROF
SkyExtender
DualBand
710-
00012-02 F20908994 39.640831 -106.364014 2506.95166 00:0a:db:03:40:1f
VAILWesBus-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20908964 39.630486 -106.41964 2419.594482 00:0a:db:03:43:bf
VAILWestMa-
EXPOL
SkyExtender
DualBand
710-
00012-02 F20873807 39.630833 -106.417114 2419.083496 00:0a:db:01:a2:9f
6 - 1 - 36
6/5/2012
Wireless Communications and License Agreement
Schedule 1.1 Hub Site/Node Location Form Page 14 of 14
6 - 1 - 37
6/5/2012
Wireless Communications and License Agreement
Schedule 2 Property Page 1 of 1
Schedule 2
Property
For all purposes of this Agreement, the following terms shall be defined as follows:
Property: Land and property owned or controlled by the Town of Vail, Vail, CO
Primary Purpose: Governmental Purposes
6 - 1 - 38
6/5/2012
Wireless Communications and License Agreement
Schedule 3 Existing Agreements Page 1 of 1
Schedule 3
Existing Agreements
NONE
6 - 1 - 39
6/5/2012
Wireless Communications and License Agreement
Schedule 3 Existing Agreements Page 1 of 1
Schedule 4
Licensee’s Fiber Made Available to Licensor
[TO BE COMPLETED AND MUTUALLY ACCEPTABLE AS FIBER LOCATIONS ARE IDENTIFIED
AND AGREED TO]
6 - 1 - 40
6/5/2012
Wireless Communications and License Agreement
Exhibit A Application and Additional License Page 1 of 1
Exhibit A
Application and Additional License
[To Licensor at Notice Address]
RE: Wireless Communications and License Agreement (Agreement) dated _____ by and between the Town of
Vail, Colorado (Licensor) and NewPath Networks, LLC. (Licensee)
This letter shall confirm the agreement of Licensor and Licensee that the following Attachments are included in the
Agreement:
Crown Node # Node location Equipment included in Attachment
and additional Fiber Network used
Attachment Date
The Additional Licenses for the above referenced Attachments are hereby granted as of the attachment date set forth
above.
LICENSOR: LICENSEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: _____________________________________
Title: _________________________________________ Title: ______________________________________
Date: _________________________________________ Date: ______________________________________
6 - 1 - 41
6/5/2012
Wireless Communications and License Agreement
Exhibit B Notification of Removal by Licensee Page 1 of 1
Exhibit B
Notification of Removal by Licensee
[To Licensor at Notice Address]
RE: Wireless Communications and License Agreement (Agreement) dated _____ by and between Town of Vail
(Licensor) and NewPath Networks, LLC (Licensee)
This letter shall confirm the agreement of Licensor and Licensee that the following Attachments were removed:
Crown Node # Node location Removal Date
The Licenses for the above referenced Attachments are hereby terminated as of the removal date set forth above.
LICENSOR: LICENSEE:
Town of Vail NewPath Networks, LLC
By: __________________________________________ By: _______________________________________
Name: ________________________________________ Name: _____________________________________
Title: _________________________________________ Title: ______________________________________
Date: _________________________________________ Date: ______________________________________
6 - 1 - 42
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 1 of 8
Exhibit C
System Specifications
I. GENERAL
A. PURPOSE. The purposes of these site standards are to govern the use of the Structures for the
benefit of Licensee and Licensor to provide guidance on the quality of equipment installation
required by the Agreement.
B. TERMS. The Terms with initial capital letters herein shall have the meanings ascribed to them in
the Agreement.
C. STATE AND NATIONAL STANDARDS. All installations at the time of installation of each
Structure, and thereafter at the time of each modification to each Structure, must conform to the
latest version of all state and national regulations and the following state and national codes or any
supplements, amendments or provisions that supersede them, including without limitation:
1. American National Standards Institute, Telecommunications Industry Association,
Electronic Industries Association Standards.
2. Federal Communications Commission (“FCC”) Rules and Regulations, including 47
C.F.R. §§ 17.1--.58; 47 C.F.R. § 1.1307 et seq; and FCC OET Bulletin 65.
3. Building Officials and Code Administrators International, Inc. (“BOCA”) Codes,
including the most current version of the following:
x BOCA National Building Code
x BOCA National Fire Prevention Code
x BOCA International Mechanical Code
4. National Fire Protection Association Codes, including the following:
x Code 70 (National Electrical Code)
x Code 90A (Installation of Air Conditioning and Ventilating Systems)
x Code 90B (Installation of Warm Air Heating and Air Conditioning Systems)
x Code 101 (Life Safety)
x Code 110 (Emergency and Standby Power Systems)
x Code 780 (Lightning Protection)
5. Currently adopted State and Local Building and Fire Safety Codes, and to the extent any
Local codes conflict with any codes in this Exhibit C, the Local codes shall control.
6. Occupational Safety and Health Administration, Department of Labor Rules and
Regulations regarding Safety and Health Standards, including 29 C.F.R. § 1910.268
(Special Industries - Telecommunications).
D. GENERAL/APPROVAL
1. Prior to installations of any of Attachments, Licensor will furnish to Licensee all
documents and approvals required pursuant to the Agreement. Licensee shall furnish to
Licensor a complete list of all materials required for the installation, photo simulations,
architectural and engineering plans, structural calculations, shop drawings, and
6 - 1 - 43
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 2 of 8
equipment specifications. No work shall proceed until Licensor has approved the
planned installation.
2. The Attachments may not be operated until the installation is approved by Licensor in
writing.
3. The following will not be permitted at the Hub Site or any Licensed Structure without the
prior written consent of Licensor:
a. Any equipment without FCC type acceptance or other FCC equipment
authorization under Part 2 of the FCC’s Rules and Regulations, or equipment
that does not conform to FCC rules and regulations.
b. Add-on power amplifiers.
c. Open rack mounted receivers and transmitters.
d. Equipment with crystal oscillator modules that have not been temperature
compensated.
e. Non-continuous duty rated transmitters used in continuous duty applications.
f. Transmitter outputs without a harmonic filter and antenna matching circuitry.
4. Unless otherwise stated within the Agreement, no work shall be performed at the Hub
Site or any Licensed Structure (including, but not limited to, the modification of
transmission lines) except routine or emergency maintenance, without the prior written
consent of Licensor. At Licensor’s option, scheduling of such work will be coordinated
with Licensor to allow Licensor to have a representative present during the performance
of the work. All installation, repair and maintenance work conducted by Licensee will be
in accordance with good engineering practices and the terms and conditions of this
specification.
5. No animals (except service animals as recognized by law) or persons under the age of
majority as determined under the laws of the state where the Hub Site is located are
permitted at the Hub Site at any time.
6. Except as permitted in the Agreement or as otherwise agreed by Licensor in writing,
Licensee will not make alterations or physical additions in or to a Structure without
Licensor’s prior written permission.
E. INSPECTION. In accordance with the terms of this Agreement, Licensor reserves the right to
inspect the Attachments and the Hub Site in order to ensure compliance with these site standards.
Any such inspection will be solely for the information and use of Licensor and does not constitute
any approval of or acquiescence to the conditions at the Structure that might be revealed during
the course of the inspection.
F. EQUIPMENT. Movement of construction vehicles, equipment buildings, generators and similarly
large equipment in or around the Property will be restricted to times and locations designated by
Licensor. Licensor will determine the method of routing to ensure the safety of all concerned
parties and minimize damage to the Property and Structures. At least twenty-four (24) hours
advance notice is required prior to the movement of equipment.
1. Licensor will determine the manner in which the Attachments will be placed.
2. Licensor will have the authority to determine the maximum equipment weight allowed in
any area of a Licensed Structure.
G. RADIO FREQUENCY INTERFERENCE PROTECTIVE DEVICES. If, due to a Licensee’s
proposed modification, there exists any change to the Radio Frequency (“RF”) environment,
Licensor may, at its sole discretion and Licensee’s cost, require additional protective devices. In
6 - 1 - 44
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 3 of 8
order to properly evaluate any proposed modification, Licensor shall have the right to request the
following information from the Licensee:
x Theoretical transmitter mixes - Combiner/multicoupler configurations
x Historical problems
x Calculated and measured level of IM products (these issues should be resolved
before launch)
x Spectrum analyzer measurements
x Voltage Standing Wave Radio (“VSWR”) measurements
x Existing cavity selectivity
H. LIGHTNING SURGE ARRESTOR. Antenna lines entering any Radio Space must have a
suitable lightning surge arrestor installed within two (2) feet of the cable entry port. The surge
arrestor must be bonded to the site grounding system.
II. CABLE
A. All transmission lines will be installed and maintained to avoid kinking and/or cracking.
B. Transmission interconnecting cables and jumpers will be constructed of solid copper outer
conductor Superflex™ or hardline.
C. Cables will not be installed, after the initial installation, without written permission by Licensor.
D. Each cable will be tagged with weatherproof labels showing the owner’s name at both ends of the
cable run, or such cable shall be color coded with vinyl tape, with Licensor’s approval of color
code.
E. Each cable fastener that is exposed to the weather will be stainless steel.
F. All interconnecting cables/jumpers will have shielded outer conductor.
G. Interior cables will run in troughs or cable trays and on cable or wave guide bridges at intervals of
no less than three (3) feet.
H. Outside cables will be attached with stainless steel hangers and non-corrosive hardware.
I. All unused lines will be tagged, using color codes, at both ends showing termination points with
the appropriate impedance termination at each end.
J. All AC line cords must be 3-conductor type with attached grounding plugs. All AC line cords
installed in permanently affixed racks shall utilize locking-type plugs.
K. All transmission lines will be grounded at both end of the Attachments and at the Licensee’s
Radio Space entry point, with the appropriate grounding kits. Grounding will be in accordance the
specifications outlined within these System Specifications.
L. All cables running to and from the exterior of the cabinet will be one hundred percent (100%)
ground shielded. Preferred cables are: Heliax®, Superflex™ or braided grounds with foil wrap.
M. All other interior cables must be ¼, ½ Superflex™ or value flex as manufactured by Andrew
Corporation or approved equal.
III. CONNECTORS
A. Connectors will be Teflona® filled, UHF or N type, SMA, or DIN type including
chassis/bulkhead connectors.
6 - 1 - 45
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 4 of 8
B. Connectors will be properly fabricated (soldered, if applicable), if field installed.
C. Connectors will be taped and Scotchkoted™ or equivalent at least 4 onto the jacket, if exposed to
the weather.
D. Male pins must be of proper length, in accordance with manufacturer’s specifications.
E. Female contacts will not be spread.
F. Connectors must be pliers tight. Hand tight is not acceptable.
G. Connectors will be silver-plated or brass.
H. Connectors must be electrically and mechanically equivalent to the Original Equipment
Manufacturers (“OEM”) connectors.
IV. RECEIVERS
A. All RF shielding must be in place.
B. Receivers must meet manufacturer’s specifications, particularly with regard to bandwidth,
discriminator, swing and symmetry and spurious responses.
C. Crystal filters, pre-selectors, and cavities must be installed in RX legs, where appropriate.
V. TRANSMITTERS
A. Transmitters must meet manufacturer’s original specification.
B. All RF shielding must remain in place.
C. Transmitters must be tagged with owner’s name, contact name, contact phone number, equipment
model number, serial number and operating frequency(ies) and a copy of Licensee’s current FCC
license for such transmitter.
D. All low level, pre-driver and driver stages in the exciters must be shielded.
E. All power amplifiers must be shielded.
F. Output power will not exceed that specified on the applicable FCC license.
VI. COMBINERS/MULTICOUPLERS
A. Combiners/multicouplers will meet the manufacturer’s specifications.
B. Combiners/multicouplers must be tuned using the manufacturer’s approved procedures.
C. Combiners/multicoupler must provide a minimum of 60 dB transmitter to transmitter isolation.
VII. CABINETS
A. All cabinets must be bonded together and to the equipment building ground system.
B. All cabinet doors must be secured.
C. All non-original holes larger than 1 must be covered with copper screen or solid metal plates.
D. Current licenses for all operating frequencies must be mounted on the cabinet exterior for display
at all times.
6 - 1 - 46
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 5 of 8
E. All cabinets must be labeled, identifying owner and contents.
VIII. MAINTENANCE/TUNING PROCEDURES
A. If the Radio Space is within a common equipment shelter, access will be by authorized personnel
only.
B. Only qualified employees or agents of Licensee will perform maintenance and tuning. Prior
written consent is not required for this work.
C. Equipment operating parameters must meet manufacturer’s specifications.
D. All cover, shield and rack fasteners must be in place and securely fastened following these
procedures.
IX. INTERFERENCE DIAGNOSTIC PROCEDURES
A. In accordance with the Agreement, Licensee must cooperate immediately with Licensor when
called upon to investigate a source of interference, whether or not it can be conclusively proven
that any portion of the System is involved.
B. Lengths:
1. Cable runs will not be longer than necessary to provide a proper connection and normal
maintenance and operation.
2. No coiled lengths will be permitted on the ice bridge or on the ground.
C. Entry:
1. Entry of cable to the interior of the Licensee’s Radio Space will be via ports provided in
the Licensee’s Radio Space’s wall.
2. Cable entrance port will be provided with a boot to seal. The boot shall be a Microflect
or equivalent commercial product made specifically for the type of cable or waveguide
and the size of the port.
3. Seals will be installed in accordance with the manufacturer’s instructions and will be
sealed against moisture.
X. EQUIPMENT LOCATED WITHIN A COMMON EQUIPMENT SHELTER
A. Equipment Installation Requirements in a common equipment shelter:
1. Licensor must approve mounting of Attachments to interior or exterior building walls
prior to installation.
2. All racks and equipment will be plumb and true with walls and floor.
3. Installation of Attachments will be consistent with the electrical and operation
requirements of such Attachments.
4. The Attachments will be installed in a neat and workmanlike manner to provide a
professional, finished installation.
5. All of Licensee’s equipment shall be labeled.
B. Transmission Lines Routing:
6 - 1 - 47
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 6 of 8
1. All cables will be placed and secured in cable trays or troughs within the Licensee’s
Radio Space to the equipment racks and termination points.
C. Lengths:
1. Cable lengths will not be longer than necessary to provide proper connection.
2. No coiled lengths will be permitted in the tray or elsewhere in the Licensee’s Radio
Space or elsewhere in the common equipment shelter.
D. Licensor has provided transient surge protection on the primary AC feed to the Radio Space.
However, Licensor does not provide any warranty against electrical surge. Therefore, Licensor
recommends that Licensee install, at Licensee’s expense, individual transient surge protection on
each circuit used by Licensee.
E. Licensee will operate equipment with all shields attached, cabinet doors closed and side panels
attached.
F. Neither Licensee nor its representatives will interfere with any other attachments or systems at the
Structure. Licensee will not trip any electric service breakers for any reason without Licensor’s
prior written approval.
G. Licensee will not adjust, attempt to adjust or otherwise tamper with the temperature control
thermostats within a Licensed Structure. Licensor will adjust thermostats as required to maintain
the standard building temperature.
XI. GROUNDING
A. Licensee must adhere to the grounding specifications listed herein, based upon the Attachments at
the Structure.
B. All exterior grounding connections to the main ground loop will use exothermic welding
(Cadweld®).
C. Cables will be grounded, at a minimum, prior to the point of entry to the Hub Site.
D. Cable grounding leads will connect to a separate point for each run to the common ground point.
E. Grounding straps will be kept to a minimum length and as near as possible to the vertical down
lead. Straps will be consistent with the restraints of protective dress and access.
F. Each rack will be a properly sized, insulated ground lead from the rack safety and signal grounds
to a grounding point on the ground plate.
G. The insulated ground lead must follow the cable tray routing and must be located in the tray.
H. Each rack will be separately grounded.
XII. ELECTRICAL
A. Polarized electrical outlets must be installed for all transmitters when possible.
B. Surge protection will be provided for all base stations.
XIII. ELECTRICAL DISTRIBUTION
A. Within the Hub Site, all electrical wiring from the distribution breaker panel will be via rigid metal
conduit, routed along the underside of the cable tray to a point directly above the equipment rack.
6 - 1 - 48
6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 7 of 8
XIV. TEMPORARY LOADS
A. Test equipment, soldering irons or other equipment serving a test or repair function will be used if
the total load connected to any single or duplex receptacle does not exceed fifteen (15) amps.
B. Test equipment to be used in place for more than seven (7) days will require approval by Licensor
prior to placement.
XV. DOORS. Doors accessing buildings or shelters that house the Attachments will not be left unlocked or
propped open except as required for moving equipment.
XVI. LICENSED STRUCTURE APPEARANCE
A. Licensee will be required to remove all trash, dirt, debris and other materials that it brings onto or
creates at a Structure.
B. No food or drink will be permitted at the Hub Site or within a Structure except as allowed by
Licensor.
C. No smoking is permitted at a Structure or the Hub Site.
D. Doorways, vestibules and other areas in and around a Structure will not be obstructed or used by
Licensee for any purpose other than the intended purpose.
E. Damage to a Licensed Structure, the Hub Site, or any portion of the Property, caused by Licensee,
its Wireless Carrier customer, or either of their respective agents or contractors, will be the
responsibility of Licensee.
F. Licensee’s installation must be maintained in a neat and orderly manner.
G. Signs, advertisements, graphics or notices (except for warning signs placed by Licensor, or that
Licensee may be required to post in compliance with laws, ordinances, regulations or rules
adopted or promulgated by any appropriate Government Entity) are not permitted in or around a
Structure or the Hub Site.
H. Licensee shall not move or modify signs placed on or around Structures by Licensor.
I. All signs placed on or around any of the Licensed Structures shall comply with the Town of Vail
sign code, as applicable.
XVII. STORAGE. Except as expressly permitted by Licensor, no equipment, parts or materials will be stored at a
Structure by Licensee. Licensee may store such material within the Hub Site as reasonably necessary for
the operation and maintenance of the System.
XVIII. DAMAGE. Licensee will report to Licensor any damage to a Structure, structure, component or equipment
that is observed by Licensee, whether or not caused by Licensee.
XIX. REPORTING ON SITE
A. Emergency twenty-four (24) hour contact number(s) must be displayed on the outside of
Licensee’s equipment cabinets or in Licensee’s Radio Space.
B. Routine service calls will be scheduled between the hours of 8:00 a.m. and 5:00 p.m. weekdays.
C. Personnel must utilize appropriate access devices (such as cards or combinations where
applicable) to prevent activation of the alarm system when entering shared Licensed Structure
space. When exiting the Licensed Structure, the security system must be re-armed.
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6/5/2012
Wireless Communications and License Agreement
Exhibit C System Specifications Page 8 of 8
D. Licensee will comply with these System Specifications requirements for the security of the
Structure.
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6/5/2012
Wireless Communications and License Agreement
Exhibit D Fiber Network Standards Page 1 of 1
Exhibit D
Fiber Network Standards
A. Initial Minimum Standards at Installation.
All fiber connectivity will be a continuous path utilizing fusion splices from the Hub location(s) to the
remote antenna locations. Below are the industry standard specifications for the Network Fiber at
installation:
Below are the industry standard specifications for the Network fiber at installation:
From Glass Loss:
<0.35 dB/km @ 1310 nm wavelength
<0.20 dB/km @ 1550 nm wavelength
From Insertion Loss (Connectors):
<0.1 dB per LC connector
From Splice Loss:
<0.05 dB for single-mode fiber
Optical Time Domain Reflectometer (“OTDR”) test should be performed and the results provided to
Crown as the basis for the minimum standards (Baseline Standard) for the Fiber Network during the Term.
B. Maintenance and Response to Outages.
The Parties expect that the Fiber Network will operate at the standards set forth above and in the event of a
Fiber Network failure, Licensee will use commercially reasonable efforts to repair the Fiber Network
within two (2) hours of such failure. Licensor will use commercially reasonable efforts to assist licensee as
requested thereby.
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6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Appointment of new members to the Commission on Special Events (CSE),
Vail Local Housing Authority (VLHA) and Vail Local Licensing Authority (VLLA) boards.
PRESENTER(S): Pam Brandmeyer
ACTION REQUESTED OF COUNCIL: Staff requests the Town Council appoint one member
to the CSE, one member to the VLHA and two members to the VLLA at the evening meeting.
BACKGROUND: See memorandum and letters of interest attached to work session agenda
item.
6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Ever Vail - The Community Development Department requests that the major
subdivision and Ordinance Nos. 7, 8 and 9, Series of 2011 be continued to the July 17, 2012,
public hearing.
Major Subdivision:
A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13-3,
Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment
of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000
and 1031 South Frontage Road West, and the South Frontage Road West right-of-
way/unplatted (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto.
(PEC080062)
Rezoning (Ordinance No. 7, Series of 2011):
A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a establish
Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located
generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South
Frontage Road right-of-way/unplatted (a complete legal description is available for inspection
at the Town of Vail Community Development Department), and setting forth details in regard
thereto. (PEC080061)
Special Development District Amendment (Ordinance No. 8, Series of 2011):
A request for a recommendation to the Vail Town Council for a major amendment to Special
Development District No. 4, Cascade Village, pursuant to Section 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon
Office Building) from Special Development District No. 4, Cascade Village, and for a zone
district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South
Frontage Road West/Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto.
(PEC090036)
Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011):
A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth
details in regard thereto. (PEC080065)
PRESENTER(S): Warren Campbell
ACTION REQUESTED OF COUNCIL: The Community Development Department
requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be
continued to the July 17, 2012 public hearing.
6/5/2012
BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental
Commission forwarded a recommendation of approval, with conditions, on the preliminary plan
for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of
5-0-2 (Viele and Cartin recused).
Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a
recommendation of approval, with conditions, for a zone district boundary amendment to
establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail
Subdivision, by a vote of 5-0-2 (Viele and Cartin recused).
Special Development District Amendment: On January 24, 2011, the Planning and
Environmental Commission forwarded a recommendation of approval, with conditions, for a
major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove
the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail
Subdivision, by a vote of 4-0-2 (Viele and Cartin recused).
Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010,
the Planning and Environmental Commission forwarded a recommendation of approval, with
conditions, for a prescribed regulations amendment to Section 12-10-19, Core Areas
Identified, Vail Town Code, by a vote of 4-0-2 (Viele and Cartin recused).
STAFF RECOMMENDATION: The Community Development Department requests that
the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to
the July 17, 2012 public hearing.
6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: First Reading of Ordinance No. 7, Series of 2012, an ordinance repealing and
reenacting the approved development plan for Phase IV of Special Development District No. 6,
Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures, Vail Town Code, to
allow for the conversion of one existing fractional fee club unit to one dwelling unit, located at
16 Vail Road (The Sebastian) / a portion of lots M, N, and O, Block 5D, Vail Village Filing 1,
and setting forth details in regard thereto.
PRESENTER(S): Rachel Dimond, Dominic Mauriello
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 7, Series of 2012, upon first reading.
BACKGROUND: On May 12, 2012, the Planning and Environmental Commission (PEC)
recommended approval, with conditions, to the Vail Town Council for a major amendment to
Special Development District No. 6. The PEC also approved, with conditions, the amendment
to an existing conditional use permit for the reduction in fractional fee units. Should Ordinance
No. 7, Series of 2012 be approved, The Sebastian will be permitted to increase the number of
dwelling units from one to two and decrease the number of fractional fee units from 50 to 49.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves, with conditions, Ordinance No. 7, Series of 2012, upon first
reading. The PEC recommends the following condition be placed on the approval:
1. “The applicant shall amend all applicable condominium maps to reflect the change in use
and cause said maps to be recorded in the office of the Eagle County Clerk and Recorder
within 90 days of approval of the major amendment to the special development district
application.”
ATTACHMENTS:
Ordinance No. 7, Series of 2012 Staff memorandum
Ordinance No. 7, Series of 2012 Attachment A PEC memo
Ordinance No. 7, Series of 2012 Attachment B Ordinance
6/5/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: June 5, 2012
SUBJECT: First reading of Ordinance No. 7, Series of 2012, an ordinance repealing and
reenacting the approved development plan for Phase IV of Special Development
District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment
Procedures, Vail Town Code, to allow for the conversion of one existing fractional
fee club unit to one dwelling unit, located at 16 Vail Road (The Sebastian) / a
portion of lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC120015).
Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group
Planner: Rachel Dimond
I. SUMMARY
The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is
requesting a first reading of Ordinance No. 7, Series of 2012, an ordinance repealing
and reenacting the approved development plan for Phase IV of Special Development
District No. 6, Vail Village Inn, pursuant to Article 12-9A-10, Amendment Procedures,
Vail Town Code, to allow for the conversion of one existing fractional fee club unit to
one dwelling unit, located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and
O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.
The Vail Town Council shall approve, approve with conditions, or deny Ordinance No. 7,
Series of 2012, upon first reading.
II. DEVELOPMENT STATISTICS
Should Ordinance No. 7, Series of 2012 be approve, the development statistics in Phase IV
(The Sebastian) will change as follows:
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units – 1 2
Accommodation Units - 100
Fractional Fee Club Units – 50 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
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Town of Vail Page 2
III. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On May 14, 2012, the Planning and Environmental Commission recommended the Vail
Town Council approve, with conditions, Ordinance No. 7, Series of 2012, upon first
reading, with a vote of 7-0-0, with the following condition:
1. “The applicant shall amend all applicable condominium maps to reflect
the change in use and cause said maps to be recorded in the office of
the Eagle County Clerk and Recorder within 90 days of approval of the
major amendment to the special development district application.”
This recommendation was based upon the review of the criteria outlined in the May 14,
2012 memorandum to the Planning and Environmental Commission, and the evidence
and testimony presented.
IV. ACTION REQUESTED OF THE TOWN COUNCIL
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, upon
first reading, the Community Development Department recommends the Council passes
the following motion:
“The Vail Town Council approves Ordinance No. 7, Series Of 2012, an
ordinance repealing and reenacting the approved development plan for
Phase IV of Special Development District No. 6, Vail Village Inn, pursuant
to Article 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
the conversion of one existing fractional fee club unit to one dwelling unit,
located at 16 Vail Road (The Sebastian) / a portion of lots M, N, and O,
Block 5D, Vail Village Filing 1, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the
Community Development Department recommends the Council applies the following
condition:
1. “The applicant shall amend all applicable condominium maps to reflect
the change in use and cause said maps to be recorded in the office of
the Eagle County Clerk and Recorder within 90 days of approval of the
major amendment to the special development district application.”
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2012, the
Community Development Department recommends the Council makes the following
findings:
“Based upon the review of the criteria outlined in the May 14, 2012
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 adopted goals, objectives
and policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town.
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Town of Vail Page 3
2. That the amendments are compatible with and suitable to adjacent uses
and appropriate for the surrounding areas.
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. 7, Series of 2012
B. PEC memorandum dated May 14, 2012
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6/5/2012
To: Planning and Environmental Commission
From: Community Development Department
Date: May 14, 2012
Subject: A request for the review of an amendment to an existing conditional use permit,
pursuant to Section 12-16-10, Amendment Procedures, Vail Town Code, and a
recommendation to the Vail Town Council on a major amendment to Special
Development District No. 6, Vail Village Inn, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for the conversion of a
fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian
Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth
details in regard thereto. (PEC120015 & PEC120022)
Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group
Planner: Rachel Dimond
I. SUMMARY
The applicant, Ferruco Vail Ventures LLC, represented by Mauriello Planning Group, is
requesting the following in relation to The Sebastian:
x a review of an amendment to an existing conditional use permit for a fractional
fee club to reduce the number of fractional fee units from 50 to 49; and
x a recommendation to the Vail Town Council of a major amendment to Special
Development District No. 6, Vail Village Inn to increase the number of dwelling
units from one to two.
Based upon Staff’s review of the criteria outlined in Sections VII and VIII of this
memorandum and the evidence and testimony presented, and subject to the findings
noted in Section IX of this memorandum, Staff recommends:
x The PEC approves, with conditions, the amendment to an existing conditional
use permit
x The PEC forwards a recommendation of approval, with conditions, to the
Vail Town Council for a major amendment to Special Development District No.
6.
A vicinity map (Attachment A) and the applicant’s request (Attachment B) have been
attached for reference.
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Town of Vail Page 2
II. DESCRIPTION OF THE REQUEST
The applicant is proposing to convert the existing fractional fee unit 401 to a dwelling
unit, which will increase the number of dwelling units from one to two, and decrease the
number fractional fee units from 50 to 49 in The Sebastian, which is Phase IV of Special
Development District No. 6, Vail Village Inn. Unit 401 is 986 square feet. The intent of
the pending purchaser of this unit is to put the unit in the Sebastian rental pool,
maintaining the unit as a warm bed. The Sebastian was formerly the Vail Plaza Hotel,
and is referred to as the Vail Plaza Hotel in historical information.
III. BACKGROUND
The Sebastian is located within the Public Accommodation District in which lodges
(“buildings designed for occupancy primarily as the temporary lodging place of
individuals or families either in accommodation units or dwelling units…) are allowed as
permitted uses and fractional fee club units (an individual dwelling unit in a fractional fee
club described as such in the project documentation…”) are allowed as conditional
uses. While a dwelling unit is “any room or group of rooms in a two-family or multiple-
family building with kitchen facilities designed for or used by one family as an
independent housekeeping unit”; a fractional fee club unit must be part of a fraction fee
club defined by the Vail Town Code as “a fractional fee project in which each dwelling
unit, pursuant to recorded project documentation as approved by the town of Vail, has
no fewer than six (6) and no more than twelve (12) owners per unit and whose use is
established by a reservation system and is managed on site with a front desk operating
twenty four (24) hours a day, seven (7) days a week providing reservation and
registration capabilities…”
It is clear in the adopting legislation (Ordinance No. 22, Series of 1996) allowing
fractional fee club units within the Public Accommodation District, that these units are
not intended for full-time occupancy as a dwelling unit when the Town Council found
“that a fractional fee club is a form of public accommodation” and “that the quality of
fractional fee club unit are an appropriate means of increasing occupancy rates,
maintaining and enhancing short-term rental availability and diversifying the resort
lodging market within the Town of Vail”.
On February 28, 2000, the Planning and Environmental Commission approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel (now called The
Sebastian) consisting of 50 fractional fee club units. According to Staff’s memorandum
to the Planning and Environmental Commission concerning the fractional fee club:
“According to the applicant, the ownership of the club units will be divided into a
maximum of 1/12th intervals for the 24 winter weeks during the ski season, with
the remaining 28 shoulder season and summer weeks would be owned by the
hotel. This ownership program allows for the most attractive weeks of the year to
be sold as club units with the proceeds helping to finance the redevelopment
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Town of Vail Page 3
project. The remaining interest in the clubs is then used by the hotel to support
the conference facilities during the summer months.”
On August 13, 2001, the Planning and Environmental Commission again approved a
conditional use permit for a fractional fee club at the Vail Plaza Hotel consisting of 50
fractional fee club units, which had been amended to include lock-off units. According
to the Staff Memorandum the Planning and Environmental Commission concerning the
fractional fee club:
“To further improve the occupancy potential of the fractional fee club, the 50 club
units have been designed to include up to two lock-off spaces per unit. This
design creates a total of 108 keys and 216 pillows for the fractional fee club
component of the hotel.”
Additionally, the Staff Memorandum the Planning and Environmental Commission
stated the fractional fee units at the Vail Plaza Hotel:
“The applicant is proposing that the club units be sold on an interval basis. The
club units would be sold for 24 weeks during the winter months with the
remaining 28 weeks owned by the hotel for use as short-term accommodation
units.”
In both 2000 and 2001, pursuant to Section 12-16-7, Vail Town Code, the Planning and
Environmental Commission considered “the ability of the proposed project to create and
maintain a high level of occupancy” and that “each of the fractional club units shall be
made available for short term rental in a managed program when not in use by the club
members”. Based upon the statements, representations, and proposals of the applicant;
the Commission determined that a conditional use permit was warranted for fractional
fee club at the Vail Plaza Hotel.
On September 4, 2001, the Vail Town Council adopted Ordinance No. 21, Series of
2001, which amended Special Development District No. 6 to allow for the construction
of the Vail Plaza Hotel with one dwelling unit, 99 accommodation units, 18 employee
housing units, and 50 fractional fee club units consistent with the August 13, 2001,
conditional use permit.
The Planning and Environmental Commission held public hearings to discuss a request
to convert 2 fractional fee units to dwelling units and one dwelling unit to a fractional fee
unit on April 27, and May 11, 2009. On May 11, 2009, the Planning and Environmental
Commission voted 7-0-0 to forward a recommendation of approval, with conditions, to
the Town Council for the proposed special development district amendment.
At its May 19, 2009, hearing the Town Council approved the first reading of Ordinance
No. 13, Series of 2009, with the modifications that reference to the conversion of the
penthouse dwelling unit to a fractional fee club unit be stricken, and that the sale of the
penthouse unit be a trigger for the expiration of this ordinance in addition to the
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Town of Vail Page 4
Commission’s recommended triggers of the specific date May 11, 2012, or the issuance
of an occupancy certificate for the penthouse unit.
On June 2, 2009, the Vail Town Council denied Ordinance No. 13, Series of 2009, upon
second reading. The summary minutes are as follows:
“Connie Dorsey asked that the applicant not be forced to move until there
is a TCO on another unit in the building. During a pause for public
comment, Robert Vogel said there was a pattern of deceit being exhibited
by the applicant and there was no compelling reason to grant the
applicant’s request. Fractional owner’s legal representative Lindsey
Richards spoke against allowing the applicant to continue to live there.
The applicant, Waldir Prado, said he had been occupying a vacant unit
and no one had been negatively financially impacted. Councilmember
Rogers stated, “I don’t feel like I was given a straight story on it…I don’t
have a good feeling we are going to know what is happening here…I don’t
feel like passing this ordinance on second reading is going to help the
Town of Vail…I do have an interest in hot beds.” Rogers then moved to
deny the ordinance with Councilmember Newbury seconding.
Councilmember Foley said employee housing in the hotel should be
satisfactory for any employee of the hotel. Councilmember Hitt said he felt
like he had been misled. He also agreed that employee housing should be
adequate for the applicant. Newbury said one of the town’s overriding
policies is to maintain hot beds. Councilmember Cleveland said the
solution that was presented was not in the public interest. “It is
inconsistent with the SDD approval plan.” Councilmember Daly said there
is a lot more revenue the town is giving up than was previously
anticipated. The motion passed unanimously, 7-0.”
IV. APPLICABLE PLANNING DOCUMENTS
A. Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the Town, and to promote the
coordinated and harmonious development of the Town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
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Town of Vail Page 5
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and
other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to
lessen congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading
facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among land
uses, consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
CHAPTER 12-2, Definitions (in part)
DWELLING UNIT: Any room or group of rooms in a two-family or multiple-family
building with kitchen facilities designed for or used by one family as an
independent housekeeping unit.
FRACTIONAL FEE CLUB UNIT: An individual dwelling unit in a fractional fee
club described as such in the project documentation and not an accommodation
unit within the fractional fee club. No offer of a fractional fee club unit shall be
made except pursuant to an application for registration and certification as a
subdivision developer of a timeshare program or an exemption from registration
approved by the state of Colorado real estate commission pursuant to Colorado
Revised Statutes 12-61-401 et seq., and the rules and regulations promulgated
pursuant thereto. Within ten (10) days after receipt of a written request, the
developer of a fractional fee club unit shall provide to the staff of the department
of community development a copy of the application or request for exemption
filed with the state of Colorado real estate commission and/or evidence of
approval of the application or request for exemption.
ARTICLE 12-9A, SPECIAL DEVELOPMENT DISTRICT (in part)
12-9A-1: Purpose and Applicability:
A. Purpose: The purpose of the special development district is to encourage
flexibility and creativity in the development of land in order to promote its most
appropriate use; to improve the design character and quality of the new
development with the town; to facilitate the adequate and economical provision of
streets and utilities; to preserve the natural and scenic features of open space
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Town of Vail Page 6
areas; and to further the overall goals of the community as stated in the Vail
comprehensive plan. An approved development plan for a special development
district, in conjunction with the property's underlying zone district, shall establish
the requirements for guiding development and uses of property included in the
special development district.
B. Applicability: Special development districts do not apply to and are not
available in the following zone districts: hillside residential, single-family
residential, two-family residential and two-family primary/secondary residential.
12-9A-10: AMENDMENT PROCEDURES:
B. Major Amendments:
1. Requests for major amendments to an approved special development district
shall be reviewed in accordance with the procedures described in section 12-9A-
4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of the proposed
amendment shall be made to owners of all property adjacent to the property
requesting the proposed amendment, owners of all property adjacent to the
special development district, and owners of all property within the special
development district that may be affected by the proposed amendment (as
determined by the department of community development). Notification
procedures shall be as outlined in subsection 12-3-6C of this title.
CHAPTER 12-16: CONDITIONAL USES PERMITS (in part)
Section 12-16-1: Purpose; Limitations:
In order to provide the flexibility necessary to achieve the objectives of this title,
specified uses are permitted in certain districts subject to the granting of a
conditional use permit. Because of their unusual or special characteristics,
conditional uses require review so that they may be located properly with respect
to the purposes of this title and with respect to their effects on surrounding
properties. The review process prescribed in this chapter is intended to assure
compatibility and harmonious development between conditional uses and
surrounding properties in the Town at large. Uses listed as conditional uses in
the various districts may be permitted subject to such conditions and limitations
as the Town may prescribe to insure that the location and operation of the
conditional uses will be in accordance with the development objectives of the
Town and will not be detrimental to other uses or properties. Where conditions
cannot be devised, to achieve these objectives, applications for conditional use
permits shall be denied.
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Town of Vail Page 7
V. SURROUNDING LAND USES
Land Uses Zoning
North: I-70 right-of-way Not Zoned
South: Mixed Use Public Accommodation
East: Mixed Use SDD #39 (Solaris)
West: Multiple Family Public Accommodation and SDD #21 (Gateway)
VI. ZONING ANALYSIS
Development Standard Approved/ Existing Proposed Change
Density
-Dwelling Units
-Fractional Fee Units
-Accommodation Units
1 DU
50 FFU
100 AU
2 DU
49 FFU
100 AU
+1 DU
-1 FFU
No change AU
Gross Residential
Floor Area (GRFA)
-AU & FFU (>70%)
-DU (<30%)
TOTAL
98,774 sq ft (95%)
5,150 sq ft (5%)
103,924 sq ft
97,788 sq ft (94%)
6,136 sq ft (6%)
103,924 sq ft
-986 sq ft
+986 sq ft
No change
Parking 211.69 spaces
required (round to
212 spaces)
218 spaces existing
212.39 spaces
required (round to
213 spaces)
218 spaces existing
+0.7 space
required (round to
1 space additional)
No change existing
VII. CONDITIONAL USE PERMIT REVIEW CRITERIA
Before acting on a conditional use permit application, the Planning and Environmental
Commission shall consider the following factors with respect to the proposed use:
1. Relationship and impact of the use on the development objectives of the Town.
The Vail Comprehensive Plan and Zoning Regulations encourage the creation of “hot
beds” (accommodation units) and “warm beds” (fractional fee club units) within the
commercial cores and the Public Accommodation District which is the underlying zoning
for the Sebastian. These “warm bed” units have historically had higher occupancy rates
than dwelling units; and therefore, bring more guests to Vail. Greater numbers of
guests have a positive impact on creating vibrancy and economic viability of the
commercial cores than dwelling units. The warm beds are also highly beneficial to the
existing retail and restaurant uses in the other phases of the Vail Village Inn Special
Development District. Staff has found that in other similar buildings, such as Manor Vail
and The Arrabelle, units of this size with hotel amenities, such as a front desk, are
typically put into rental pools when not in use by owners, thus acting as a warm bed, if
not a hot bed. As a result, Staff believes that exchanging a fractional fee club unit for
one dwelling unit is consistent with the Town’s development objectives and the intent
and purpose of the overall Vail Village Inn development.
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Town of Vail Page 8
2. The effect of the use on light and air, distribution of population, transportation
facilities, utilities, schools, parks and recreation facilities, and other public
facilities needs.
There are no changes proposed to the exterior of the existing building; therefore, Staff
does not believe this proposal will have a significant negative affect on this criterion in
comparison to existing conditions.
3. Effect upon traffic with particular reference to congestion, automotive and
pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow from the street and parking areas.
Staff finds there is no effect upon traffic with particular reference to congestion,
automotive and pedestrian safety and convenience, traffic flow and control, access,
maneuverability, and removal of snow because there are no changes to the exterior of
the building. The dwelling unit will not likely generate more traffic. Further, The
Sebastian has six excess parking spaces, one of which will be required for the dwelling
unit.
4. Effect upon the character of the area in which the proposed use is to be
located, including the scale and bulk of the proposed use in relation to
surrounding uses.
There are no changes proposed to the scale or bulk and mass of the existing building;
therefore, Staff does not believe this proposal will have a significant negative affect on
this criterion in comparison to existing conditions.
VII. SPECIAL DEVELOPMENT DISTRICT AMENDMENT REVIEW CRITERIA
Before acting on a major amendment to a special development district amendment
application, the Planning and Environmental Commission and Town Council shall
consider the following factors with respect to the proposal:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
Staff finds this proposal will not effect design compatibility and sensitivity to the
immediate environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual integrity and
orientation because there are no changes proposed to the exterior of the existing
building.
2. Relationship: Uses, activity and density which provide a compatible, efficient
and workable relationship with surrounding uses and activity.
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Town of Vail Page 9
Staff finds the change in use will provide a compatible, efficient and workable
relationship with surrounding uses and activities. Specifically, one additional dwelling
unit, while not technically a warm bed, will be compatible with the mixed use nature of
the surrounding neighborhood. Further, the dwelling unit will be put into a rental pool by
the owner, and will operate as a warm bed. Should the ownership change, Staff has
found that in other buildings with hotel amenities, units of this size are typically put in
rental pools when not in use by owners, thereby acting as a warm bed regardless of the
type of unit.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
Staff finds the proposal is in compliance with the parking and loading requirements as
outlined in Chapter 10 Title 12, Zoning Regulations. The Sebastian has six surplus
parking spaces, and will use one space for the increased parking requirement, resulting
in a surplus of five spaces.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
Staff believes exchanging one fractional fee club unit for one dwelling unit is consistent
with the Town’s development objectives. The Vail Comprehensive Plan and Zoning
Regulations encourage the creation of “hot beds” (accommodation units) and “warm
beds” (fractional fee club units) within the commercial cores and the Public
Accommodation District which is the underlying zoning for the Vail Plaza Hotel. These
“warm bed” units have historically had higher occupancy rates than dwelling units; and
therefore, bring more guests to Vail. Greater numbers of guests have a positive impact
on creating vibrancy and economic viability of the commercial cores than dwelling units.
Staff has found in other buildings with similar amenities, units of this size are typically
included in rental pools when not in use by owners, thereby acting as a warm bed
regardless of being a fractional unit or dwelling unit. Further, under existing zoning, an
additional dwelling unit is permitted and does contribute to a mix of uses within the
special development district.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development
district is proposed.
Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no natural and/or geologic
hazards affecting this property.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
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Town of Vail Page 10
Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no changes proposed to the
site planning, location, or open space for the existing building.
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
Staff finds the proposal does not affect the circulation system for both vehicles and
pedestrians, as The Sebastian has valet parking with surplus parking to accommodate
the increase in parking requirements.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Staff does not believe this proposal will have a significant negative affect on this
criterion in comparison to existing conditions, as there are no changes proposed to the
existing landscaping.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Staff finds the proposal will maintain a workable, functional and efficient relationship
throughout the development of the SDD, as the conversion of the unit will not require a
building permit.
10. Public Benefit: The proposed deviations provide benefits to the town must
outweigh the adverse effects of such deviations.
Staff finds the proposed deviation will provide a benefit in real estate transfer tax, but
will also have the adverse effect of losing a warm bed. In practice, however, the
placement of the dwelling unit in the rental pool will likely reverse the adverse effects as
Staff has found units of this type in hotel-style buildings are typically put in rental pools
when not in use by owners.
IX. STAFF RECOMMENDATION
CONDITIONAL USE PERMIT APPLICATION
The Community Development Department recommends the Planning and
Environmental Commission approves, with conditions, this request for a review of an
amendment to an existing conditional use permit, pursuant to Section 12-16-10,
Amendment Procedures, Vail Town Code, to allow for the conversion of a fractional fee
club unit to a dwelling unit, located at 16 Vail Road (Sebastian Hotel)/Part of Lots M, N,
and O, Block 5D, Vail Village Filing 1, and setting forth details in regard thereto. Staff’s
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Town of Vail Page 11
recommendation is based upon the review of the criteria described in Section VIII of this
memorandum and the evidence and testimony presented.
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department recommends
the Commission pass the following motion:
“The Planning and Environmental Commission approves this request for
an amendment to an existing conditional use permit, pursuant to Section
12-16-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail
Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village
Filing 1, and setting forth details in regard thereto.”
Should the Planning and Environmental Commission choose to approve this
conditional use permit request, the Community Development Department recommends
the Commission makes the following findings:
“Based upon the review of the criteria outlined in Section VIII of this Staff memorandum
to the Planning and Environmental Commission dated May 14, 2012, and the evidence
and testimony presented, the Planning and Environmental Commission finds:
1. “The proposed conditional use permit amendment is in accordance with
the purposes of the Zoning Regulations and the Public Accommodation
and Special Development Districts as referenced in Section V of this Staff
memorandum to the Planning and Environmental Commission dated May
14, 2012.
2. The proposed conditional use permit amendment and the conditions under
which it will be operated or maintained are not detrimental to the public
health, safety, or welfare or materially injurious to properties or
improvements in the vicinity.
3. The proposed conditional use permit amendment complies with each of
the applicable provisions of Chapter 12-16, Conditional Use Permit, Vail
Town Code, as referenced by Section V of this Staff memorandum to the
Planning and Environmental Commission dated May 14, 2012.”
Should the Planning and Environmental Commission choose to approve this conditional
use permit request, the Community Development Department recommends the
Commission applies the following condition:
1. “This conditional use permit approval is contingent upon the applicant
obtaining Town of Vail approval of the associated major amendment to a
special development district application.”
SPECIAL DEVELOPMENT DISTRICT AMENDMENT APPLICATION
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Town of Vail Page 12
The Community Development Department recommends the Planning and
Environmental Commission forwards a recommendation of approval, with
conditions, to the Town Council for a major amendment to Special Development
District No. 6, Vail Village Inn, pursuant to Section 12-9A-10, Amendment Procedures,
to allow for the conversion of a fractional fee club unit to a dwelling unit, located at 16
Vail Road (Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1,
and setting forth details in regard thereto. Staff’s recommendation is based upon the
review of the criteria described in Section IX 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 Town Council for a major amendment
to Special Development District No. 6, Vail Village Inn, pursuant to
Section 12-9A-10, Amendment Procedures, to allow for the conversion of
a fractional fee club unit to a dwelling unit, located at 16 Vail Road
(Sebastian Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing
1, 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 the review of the criteria outlined in Section IX this Staff
memorandum to the Planning and Environmental Commission dated May
14, 2012, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the special development district amendment complies with the
standards listed Article 12-9A, Special Development District, or that
a practical solution consistent with the public interest has been
achieved.
2. That the special development district amendment is consistent with
the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development
objectives of the town; and
3. That the special development district amendment is compatible with
and suitable to adjacent uses and appropriate for the surrounding
areas; and
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Town of Vail Page 13
4. That the special development district 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.”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval for this request, the Community Development
Department recommends the Commission applies the following conditions:
1. “The applicant shall amend all applicable condominium maps to
reflect the change in use within 90 days of approval of the major
amendment to the special development district application.”
X. ATTACHMENTS
A. Vicinity Map
B. Applicant’s Request
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VA
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Sebastian Hotel
05010025
Feet
Vail Village Filing 1, Block 5D,Vail Village Filing 1, Block 5D,
Part of Lots M, N & OPart of Lots M, N & O
(16 Vail Road - Sebastian Hotel)(16 Vail Road - Sebastian Hotel)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: April 23, 2012
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6/5/2012
THE SEBASTIAN
VAIL VILLAGE INN, PHASE IV
MAJOR AMENDMENT
TO SDD #6, &
AMENDMENT TO A
CONDITIONAL USE
PERMIT
To allow for the conversion of
Unit 401 from a Fractional Unit
to a Dwelling Unit
Submitted to the Town of Vail:
April 13, 2012
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III.Zoning Analysis
Because there are no exterior modifications, the proposed amendment does not affect most
development standards. Below is an analysis of the proposal with regard to density, GRFA, and
parking. All other standards remain as approved.
Standard Existing Proposed
Density
Fractional Fee Units
Accommodation Units
Dwelling Units
50
100
1 (13.3 du/acre)
49
100
2 (13.6 du/acre)
GRFA
In AU and FFU (Required>70%)
In DU (Required<30%)
103,924 sq. ft.
98,774 sq. ft. (95%)
5,150 sq. ft. (5%)
No Change
97,788 sq. ft. (94%)
6,136 sq. ft. (6%)
Parking
Required
Provided
211.69 spaces (rounds to 212)
218 spaces
212.38 spaces (rounds to 213)
218 spaces
IV.Criteria for Review for the Major Amendment to a Special
Development District
Section 12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS, Vail Town Code, provides
the criteria for review of a Major Amendment to a Special Development District. These criteria
have been provided below, along with an analysis of how this proposal complies with these
criteria:
1.Compatibility: Design compatibility and sensitivity to the immediate environment, neighborhood
and adjacent properties relative to architectural design, scale, bulk, building height, buffer zones,
identity, character, visual integrity and orientation.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No exterior changes are proposed
with this request.
2.Relationship: Uses, activity and density which provide a compatible, efficient and workable
relationship with surrounding uses and activity.
Applicant Response: The Sebastian is a mixed-use type of development, including
commercial, lodging, recreational, and residential uses. The conversion of Unit 401 from
a fractional unit to a dwelling unit remains consistent with the intended purpose of the
underlying zoning of Public Accommodation and the intent of Vail Land Use Plan.
Adjacent properties include a similar mix of uses. The density and uses proposed for The
Sebastian do not conflict with the compatibility, efficiency, or workability of the
surrounding uses and activities on adjacent properties.
3
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Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
V.Criteria for Review for an Amendment to a Conditional Use Permit
Fractional Fee Clubs are a conditional use in the Public Accommodation Zone District. Section
12-16-6: CRITERIA; FINDINGS, Vail Town Code, provides the criteria for review of a
Conditional Use Permit. These criteria have been provided below, along with an analysis of how
this proposal complies with these criteria:
1.Relationship and impact of the use on development objectives of the town.
Applicant Response: This criterion has been addressed in Section IV of this submittal. As
indicated, the proposal remains compliant with the Zoning Regulations and all applicable
goals and objectives of the Vail Village Master Plan. In addition, this proposal complies
with the purpose statement of the Public Accommodation zone district, which states:
12-7A-1: PURPOSE:
The public accommodation district is intended to provide sites for lodges and residential
accommodations for visitors, together with such public and semipublic facilities and limited
professional offices, medical facilities, private recreation, commercial/retail and related visitor
oriented uses as may appropriately be located within the same zone district and compatible
with adjacent land uses. The public accommodation district is intended to ensure adequate
light, air, open space, and other amenities commensurate with lodge uses, and to maintain
the desirable resort qualities of the zone district by establishing appropriate site
development standards. Additional nonresidential uses are permitted as conditional uses
which enhance the nature of Vail as a vacation community, and where permitted uses are
intended to function compatibly with the high density lodging character of the zone district.
2.Effect of the use on light and air, distribution of population, transportation facilities, utilities,
schools, parks and recreation facilities, and other public facilities and public facilities needs.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
3.Effect upon traffic, with particular reference to congestion, automotive and pedestrian safety
and convenience, traffic flow and control, access, maneuverability, and removal of snow from the
streets and parking areas.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion.
4.Effect upon the character of the area in which the proposed use is to be located, including the
scale and bulk of the proposed use in relation to surrounding uses.
6
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6/5/2012
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No exterior changes are proposed.
In addition to the above criteria, Section 12-16-7: USE SPECIFIC CRITERIA AND STANDARDS,
provides addition criteria for a fractional fee club proposal. While these criteria are specifically
for the establishment of a new fractional fee club and do not necessarily apply to the elimination
of an individual unit from the fractional fee club, the applicant has provided a response for this
amendment:
a.If the proposal for a fractional fee club is a redevelopment of an existing facility, the fractional
fee club shall maintain an equivalency of accommodation units as are presently existing.
Equivalency shall be maintained either by an equal number of units or by square footage. If the
proposal is a new development, it shall provide at least as much accommodation unit gross
residential floor area (GRFA) as fractional fee club unit gross residential floor area (GRFA).
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No accommodation units will be
affected with this request.
b.Lock off units and lock off unit square footage shall not be included in the calculation when
determining the equivalency of existing accommodation units or equivalency of existing square
footage.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. No lock off is affected.
c.The ability of the proposed project to create and maintain a high level of occupancy.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. This criterion applies to the
establishment of a new fractional fee club and is not applicable to this amendment. The
intent of the purchaser is the unit will be managed and rented by the Sebastian,
maintaining the property as a live bed.
d.Employee housing units may be required as part of any new or redevelopment fractional fee
club project requesting density over that allowed by zoning. The number of employee housing
units required will be consistent with employee impacts that are expected as a result of the
project.
Applicant Response: The proposed conversion of Unit 401 from a fractional unit to a
dwelling unit has no effect on the above criterion. The employee housing requirement
for a fractional unit and a dwelling unit are the same. As a result, there are no impacts to
employee housing as a result of this request.
e.The applicant shall submit to the town a list of all owners of existing units within the project or
building; and written statements from one hundred percent (100%) of the owners of existing
7
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6/5/2012
units indicating their approval, without condition, of the proposed fractional fee club. No written
approval shall be valid if it was signed by the owner more than sixty (60) days prior to the date
of filing the application for a conditional use.
Applicant Response: This criterion applies only to the establishment of a new fractional
fee club. It is not necessary when eliminating a unit from an existing club.
f.Each of the fractional fee club units shall be made available for short term rental in a managed
program when not in use by the club members. The project shall include or be proximate to
transportation, retail shops, eating and drinking establishments, and recreation facilities.
Applicant Response: Because the Sebastian has an established rental program, managed
by Timbers Resorts, the potential owner (currently under contract) has the ability to
include the unit into the rental program. Unit 401 is a small one-bedroom unit, with 986
sq. ft. of GRFA. Research indicates that smaller units are more likely to be included in a
rental program.
8
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VI.Adjacent Addresses
JOHN D GOODMAN
PO BOX 1886
0105 EDWARDS VILLAGE BLVD, STE D-201,
EDWARDS, CO 81632
9 VAIL RD, ASSOC
9 VAIL RD.
VAIL , CO 81657
JOSEF STAUFER
100 E MEADOW DR #31,
VAIL, CO 81657
ARTHUR ANDREW ABPLANALP JR.
POST OFFICE BOX 2800,
VAIL, CO 81658-2800
SLIFER MANAGEMENT CO.
C/O MS. SALLY HANLON,
385 GORE CREEK DRIVE - R-2,
VAIL, CO 81657
MCNEILL PROPERTY MANAGEMENT
2077 N. FRONTAGE RD. #300,
VAIL, CO 81657
KEVIN DEIGHAN
12 VAIL ROAD, SUITE 600
VAIL, CO 81657
VAIL HOTEL 09 LLC
GENERAL COUNSEL
745 SEVENTH AVE
NEW YORK, NY 10019
MAURIELLO PLANNING GROUP
PO BOX 4777
EAGLE, CO 81631
CDOT
4201 E. ARKANSAS AVENUE
DENVER, CO 80222
SOLARIS PROPERTY OWNER LLC
141 E MEADOW DR 211
VAIL, CO 81657
THE RESIDENCES AT SOLARIS
CONDOMINIUM ASSOCIATION
CHRIS LACROIX
C/O GARFIELD & HECHT, P.C.
601 E. HYMAN AVENUE
ASPEN, CO 81611
FIRSTBANK OF VAIL
FIRSTBANK HOLDING CO
PO BOX 150097
LAKEWOOD, CO 80215-0097
SONNENALP PROPERTIES INC
20 VAIL RD
VAIL, CO 81657
VILLAGE INN PLAZA-PHASE V
CONDOMINIUM ASSOCIATION
CROSSROADS REALTY LTD
PO BOX 1292
VAIL, CO 81658
TALISMAN CONDOMINIUM ASSOCIATION
PTARMIGAN MANAGEMENT
62 E MEADOW DR
VAIL, CO 81657
ONE WILLOW BRIDGE ROAD
CONDOMINIUM ASSOCIATION, INC.
CORPORATION SERVICE COMPANY
1560 BROADWAY STE 2090,
DENVER, CO 80202,
ONE WILLOW BRIDGE ROAD
CONDOMINIUM ASSOCIATION
4148 NORTH ARCADIA DRIVE,
PHOENIZ, AZ 85018-4302
VAIL GATEWAY PLAZA CONDOMINIUM
ASSOCIATION, INC.
VAIL TAX & ACCOUNTING
P.O. BOX 5940
AVON, CO 81620
TOWN OF VAIL
FINANCE DEPT
75 S FRONTAGE RD
VAIL, CO 81657
9
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Ordinance No. 7, Series of 2012 first reading 1
ORDINANCE NO. 7
Series of 2012
AN ORDINANCE REPEALING AND REENACTING THE APPROVED DEVELOPMENT PLAN
FOR PHASE IV OF SPECIAL DEVELOPMENT DISTRICT NO. 6, VAIL VILLAGE INN, PURSUANT
TO ARTICLE 12-9A-10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW FOR
THE CONVERSION OF ONE EXISTING FRACTIONAL FEE CLUB UNIT TO ONE DWELLING
UNIT, LOCATED AT 16 VAIL ROAD (THE SEBASTIAN) / A PORTION OF LOTS M, N, AND O,
BLOCK 5D, VAIL VILLAGE FILING 1, AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, Ordinance No. 16, Series of 2004, established the approved development plan
for Phase IV (The Sebastian) of Special Development District No. 6, Vail Village Inn; and
WHEREAS, amendments to a Special Development District are permitted pursuant to the
parameters set forth for such in Section 12-9A-10, Vail Town Code; and
WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public
hearing on May 14, 2012 to consider the proposed amendment in accordance with the provisions of
the Vail Town Code and forwarded a recommendation of approval, with conditions, to the Vail Town
Council by a vote of 7-0-0; and
WHEREAS, the Vail Town Council finds that the proposed amendment to Special
Development District No. 6, complies with the review criteria outlined in Section 12-9A-8, Vail Town
Code, and that the applicant has demonstrated that any adverse effects of the requested deviations
from the development standards of the underlying zoning are outweighed by the public benefits
provided; and
WHERAS, the Town Council finds that the special development district amendment does
comply with the standards listed Article 12-9A, Special Development District, or that a practical
solution consistent with the public interest has been achieved; and
WHEREAS, the Vail Town Council finds that the special development district amendment is
consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan
and compatible with the development objectives of the town; and
WHEREAS, the Vail Town Council finds that the special development district amendment is
compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Vail Town Council finds that the special development district amendment
does promote 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; and
WHEREAS, the Vail Town Council finds that temporary approval of this amendment will
have no negative effect on parking since the existing penthouse dwelling unit can not yet be
occupied; and
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Ordinance No. 7, Series of 2012 first reading 2
WHEREAS, the approval of this special development district amendment, and the
development standards in regard thereto, shall not establish precedence or entitlements elsewhere
within the Town of Vail.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO, THAT:
Section 1. PURPOSE
The purpose of this ordinance is to amend Phase IV of Special Development District
No. 6 to increase the number of dwelling units from one to two and decrease the number of fractional
fee club units from 50 to 49 for the purpose of converting a fractional fee club unit to a dwelling unit.
Section 2. Section 2, Development Standards, of Ordinance No. 16, Series of 2004, is hereby
amended as follows (all additions are illustrated with bold italics, deletions are illustrated with
strikethrough, and text not affected has been omitted):
Density-- Units per Acre - Dwelling Units, Accommodation Units, & Fractional Fee Club
Units
The number of units permitted in Phase IV shall not exceed the following:
Dwelling Units – 1 2
Accommodation Units - 100
Fractional Fee Club Units – 50 49
Type III Employee Housing Units -18
(38 employee beds totaling 9,618 square feet of floor area)
Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not effect the validity of the remaining portions of
this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and
each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any
one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
Section 4. The Vail Town Council hereby finds, determines and declares that this ordinance is
necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants
thereof. The Council’s finding, determination and declaration is based upon the review of the criteria
prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of
this ordinance.
Section 5. The amendment of any provision of the Town Code of Vail as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred
prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding
as commenced under or by virtue of the provision amended. The amendment of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith
are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise
any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed.
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Ordinance No. 7, Series of 2012 first reading 3
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED
ONCE IN FULL ON FIRST READING this 5th day of June, 2012 and a public hearing for second
reading of this Ordinance set for the 19th day of June, 2012, at 6:00 p.m. in the Council Chambers of
the Vail Municipal Building, Vail, Colorado.
_______________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Lorelei Donaldson, Town Clerk
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: First Reading of Ordinance No. 8, Series of 2012, an ordinance amending the
Official Zoning Map to rezone the Vail Golf Course Clubhouse Parcel from the Outdoor
Recreation District to the General Use District, located at 1778 Sunburst Drive/Vail Golf
Course Clubhouse Parcel, and setting forth details in regard thereto.
PRESENTER(S): Bill Gibson, Community Development Department
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 8, Series of 2012, on first reading.
BACKGROUND: The Vail Golf Course clubhouse and parking lot are located on separate
parcels. The Vail Golf Course clubhouse is located in the Outdoor Recreation District and the
parking lot is located in the General Use District. The purpose of this ordinance is to
consolidate the Vail Golf Course clubhouse and parking lot sites into the same zone
district. The proposed ordinance is also intended to facilitate renovations to the Vail Golf
Course in response to the November 8, 2011 election. In November 2011, the Vail electorate
approved ballot question #1 which re-allocated conference center funds, in part, for the
“Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic Center,
including multi-use community space.”The subject Vail Golf Course (including the clubhouse)
was annexed into the Town of Vail in 1972 and subsequently zoned to the Agriculture
District. In 1973, the golf course (including the clubhouse) was rezoned from the Agriculture
District to the newly created Agriculture and Open Space District. In 1995, the Vail Golf Course
(including the clubhouse) was rezoned from the Agriculture and Open Space District to the
newly created Outdoor Recreation District. The Vail Golf Course parking lot site was also
annexed into the Town of Vail in 1972 and in 1973 was zoned as part of Special Development
District No. 1, Sunburst Development. In 1977, the Vail Golf Course parking lot was rezoned
from SDD No. 1 to the Public Use District (which was renamed the General Use District in
1994).On May 14, 2012, the Planning and Environmental Commission approved, with
conditions, a final plat establishing the Vail Golf Course Clubhouse Parcel. This final
plat established the golf course clubhouse as a separate development site from the remainder
of the unplatted golf course parcel. At that same hearing, the Planning and Environmental
Commission forwarded a recommendation of approval for the proposed rezoning of the Vail
Golf Course Clubhouse Parcel from the Outdoor Recreation District to the General Use District
by a vote of 4-3-0 (Cartin, Pratt and Rediker opposed).
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approves Ordinance No. 8, Series of 2012, on first reading.
ATTACHMENTS:
Town Council Memo
Attachment A Ordinance No. 8, Series of 2012
Attachment B May 14, 2012 PEC Memo
Attachment C May 14, 2012, PEC Draft Result
6/5/2012
TO: Vail Town Council
FROM: Community Development Department
DATE: June 5, 2012
SUBJECT: Ordinance No. 8, Series of 2012, an ordinance amending the Official Zoning Map
to rezone the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation
District to the General Use District, located at 1778 Sunburst Drive/Vail Golf
Course Clubhouse Parcel, and setting forth details in regard thereto.
(PEC120019)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
The first reading of Ordinance No. 8, Series of 2012, an ordinance amending the Official
Zoning Map to rezone Vail Golf Course Clubhouse Parcel from the Outdoor Recreation
District to the General Use District. On May 14, 2012, the Town of Vail Planning and
Environmental Commission forwarded a recommendation of the approval for the
proposed Official Zoning Map amendment.
II. DESCRIPTION OF REQUEST
The Vail Golf Course clubhouse and parking lot are located on separate parcels. The
Vail Golf Course clubhouse is located in the Outdoor Recreation District and the parking
lot is located in the General Use District. The purpose of this ordinance is to
consolidate the Vail Golf Course clubhouse and parking lot sites into the same zone
district. The proposed ordinance is also intended to facilitate renovations to the Vail
Golf Course in response to the November 8, 2011 election. In November 2011, the Vail
electorate approved ballot question #1 which re-allocated conference center funds, in
part, for the “Expansion and improvement of the clubhouse at the Vail Golf Course and
Nordic Center, including multi-use community space.”
The subject Vail Golf Course (including the clubhouse) was annexed into the Town of
Vail in 1972 and subsequently zoned to the Agriculture District. In 1973, the golf course
(including the clubhouse) was rezoned from the Agriculture District to the newly created
Agriculture and Open Space District. In 1995, the Vail Golf Course (including
the clubhouse) was rezoned from the Agriculture and Open Space District to the newly
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Town of Vail Page 2
created Outdoor Recreation District. It is not clear from the Town’s archives why the
golf course parking lot was not also rezoned the Agriculture and Open Space District.
The Vail Golf Course parking lot site was also annexed into the Town of Vail in 1972
and in 1973 was zoned as part of Special Development District No. 1, Sunburst
Development. In 1977, the Vail Golf Course parking lot was rezoned from SDD No. 1 to
the Public Use District (which was renamed the General Use District in 1994).
On May 14, 2012, the Planning and Environmental Commission approved, with
conditions, a final plat establishing the Vail Golf Course Clubhouse Parcel. This final
plat established the golf course clubhouse as a separate development site from the
remainder of the unplatted golf course parcel. At that same hearing, the Planning and
Environmental Commission forwarded a recommendation of approval for the proposed
rezoning of the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation District
to the General Use District by a vote of 4-3-0 (Cartin, Pratt and Rediker opposed).
Ordinance No. 8, Series 2012 (Attachment A), the May 14, 2012, Memorandum to the
Planning and Environmental Commission (Attachment B), and the May 14, 2012, Draft
Planning and Environmental Commission Hearing Results (Attachment C) have been
attached for review.
III. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 8, Series of 2012, on first reading. The Planning and Environmental Commission
recommends the Vail Town Council approves Ordinance No. 8, Series of 2012, on first
reading. This recommendation is based upon the review of the criteria outlined in the
May 14, 2012, memorandum to the Planning and Environmental Commission and the
evidence and testimony presented.
Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2012, on
first reading; the Planning and Environmental Commission recommends the Council
passes the following motion:
“The Vail Town Council approves Ordinance No. 8, Series of 2012, an ordinance
amending the Official Zoning Map to rezone the Vail Golf Course Clubhouse
Parcel from the Outdoor Recreation District to the General Use District, located
at 1778 Sunburst Drive / Vail Golf Course Clubhouse Parcel, and setting forth
details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2012; the
Planning and Environmental Commission recommends the Council makes the following
findings:
“Based upon the review of the criteria outlined in the May 14, 2012,
memorandum to the Planning and Environmental Commission and the evidence
and testimony presented, the Vail Town Council finds:
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Town of Vail Page 3
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
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.”
IV. ATTACHMENTS
A. Ordinance No. 8, Series 2012
B. May 14, 2012, Memorandum to the Planning and Environmental Commission
C. May 14, 2012, Draft Planning and Environmental Commission Hearing Results
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Ordinance No. 8, Series of 2012 1
ORDINANCE NO. 8
SERIES OF 2012
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO REZONE THE VAIL
GOLF COURSE CLUBHOUSE PARCEL FROM THE OUTDOOR RECREATION
DISTRICT TO THE GENERAL USE DISTRICT, LOCATED AT 1778 SUNBURST
DRIVE/VAIL GOLF COURSE CLUBHOUSE PARCEL, AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under laws of
the State of Colorado and the Vail Town Charter;
WHEREAS, zone district boundaries shown on the Official Zoning Map may be
amended pursuant to the provisions of Section 12-3-7, Amendment, Vail Town Code;
WHEREAS, the Vail Golf Course clubhouse and parking lot are located on
separate parcels. The Vail Golf Course clubhouse site is located in the Outdoor
Recreation District and the parking lot is located in the General Use District. The
purpose of this ordinance is to consolidate the Vail Golf Course clubhouse and parking
lot into the same zone district;
WHEREAS, on November 8, 2011, the Vail electorate approved ballot question
#1 which re-allocated conference center funds, in part, for the “Expansion and
improvement of the clubhouse at the Vail Golf Course and Nordic Center, including
multi-use community space.” The purpose of this ordinance is also to facilitate the
expansion and improvement of the Vail Golf Course clubhouse in response to the
November 8, 2011, election;
WHEREAS, on May 14, 2012, the Planning and Environmental Commission held
a public hearing and approved, with conditions, a final plat establishing the Vail Golf
Course Clubhouse Parcel. At that same hearing, the Planning and Environmental
Commission held a public hearing and forwarded a recommendation of approval for the
rezoning of the Vail Golf Course Clubhouse Parcel from the Outdoor Recreation District
to the General Use District by a vote of 4-3-0;
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that the amendments are consistent with the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town;
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that the amendments are compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and
WHEREAS, the Town of Vail Planning and Environmental Commission and the
Vail Town Council find that the amendments promote the health, safety, morals, and
general welfare of the town and promote the coordinated and harmonious development
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Ordinance No. 8, Series of 2012 2
of the town in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Pursuant to Section 12-3-7, Amendment, Vail Town Code, this
ordinance adopts amendments to the zone district boundaries shown on the Official
Zoning Map to rezone the Vail Golf Course Clubhouse Parcel, located at 1778 Sunburst
Drive, from the Outdoor Recreation District to the General Use District as further
described in Exhibit A of this ordinance. This amendment to the Official Zoning Map
shall be effective upon the adoption of this ordinance.
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.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
Section 4. The amendment of any provision of the Town Code as provided in
this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or 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 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND
ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of June,
2012, and a public hearing for second reading of this Ordinance set for the 19th day of
June, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_________________________
Andrew P. Daly, Mayor
ATTEST:
_____________________________
Lorelei Donaldson, Town Clerk
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Clubhouse
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Vail Golf Course ClubhouseVail Golf Course Clubhouse
(1775 Sunburst Drive)(1775 Sunburst Drive)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: April 20, 2012
Existing Zoning
Single-Family Residential (SFR)
Two-Family Primary/Secondary Residential (PS)
Low Density Multiple Family (LDMF)
Outdoor Recreation (OR)
Natural Area Preservation (NAP)
General Use (GU)
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Proposed Zoning
Single-Family Residential (SFR)
Two-Family Primary/Secondary Residential (PS)
Low Density Multiple Family (LDMF)
Outdoor Recreation (OR)
Natural Area Preservation (NAP)
General Use (GU)
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TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: May 14, 2012
SUBJECT: A request for the review of a final plat, pursuant to Chapter 13-4, Minor
Subdivision, Vail Town Code, to allow for the Vail Golf Course parking lot and the
Vail Golf Course clubhouse to be combined into a si ngle lot, located at 1778
Sunburst Drive/Lot 3, Sunburst Filing 3, and part of an unplatted parcel (a
complete metes and bounds description is available at the Community
Development Department Office), and setting forth details in regard thereto.
(PEC120023)
A request for a recommendation to the Vail Town Council for a zone district
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for a rezoning of the Vail Golf Course Clubhouse from the Outdoor
Recreation District to the General Use District, located at 1778 Sunburst
Drive/Part of an unplatted parcel (a complete metes and bounds description is
available at the Community Development Department Office), and setting forth
details in regard thereto. (PEC120019)
Applicant: Town of Vail
Planner: Bill Gibson
I. SUMMARY
The applicant, the Town of Vail, is requesting the review of two items:
x a final plat to resubdivide a portion of the unplatted Vail Golf Course as the Vail
Golf Course Clubhouse Parcel
x a rezoning of the proposed Vail Golf Course Clubhouse Parcel from Outdoor
Recreation District to General Use District
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with a
condition, the proposed final plat subject to the findings noted in Section IX of this
memorandum.
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Town of Vail Page 2
Based upon Staff’s review of the criteria outlined in Section VIII of this memorandum
and the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forwards a
recommendation of approval to the Vail Town Council for the proposed rezoning
subject to the findings noted in Section IX of this memorandum.
II. DESCRIPTION OF THE REQUEST
The applicant, the Town of Vail, is no longer proposing to combine the Vail Golf Course
clubhouse site and the golf course parking lot (Lot 3, Sunburst Filing 3) into a single lot
of record. Instead, the Town of Vail is proposing the resubdivide the clubhouse site as
the Vail Golf Course Clubhouse Parcel. The proposed Vail Golf Course Clubhouse
Parcel and Lot 3, Sunburst Filing 3 will be considered one development site for zoning
purposes as permitted by Chapter 12-2, Definitions, Vail Town Code.
The existing golf course parking lot is zoned General Use District. The existing golf
course clubhouse is zoned Outdoor Recreation Distri ct. The applicant, Town of Vail, is
proposing to rezone the clubhouse site (proposed Vail Golf Course Clubhouse Parcel)
from the Outdoor Recreation District to the General Use District which is the same
zoning as the parking lot.
The proposed final plat and rezoning applications are intended to facilitate future
renovations to the Vail Golf Course clubhouse building in response to the 2011 election
in which the Vail electorate re-allocated conference center funds specifically for the
“expansion and improvement of the clubhouse at the Vail Golf Course and Nordic
Center, including multi-use community space.”
A vi cinity map (Attachment A), proposed final plat (Attachment B), and proposed zoning
map amendments (Attachment C) have been attached for review.
III. BACKGROUND
The Vail Golf Course was constructed under Eagle County jurisdiction in the 1960’s.
In 1972, the subject portions of the Vail Golf Course (clubhouse and parking lot sites )
were annexed into the Town of Vail through Ordinance No. 5, Series of 1972. While it is
not clear from the Town’s archives, the golf course clubhouse site appears to have been
subsequently zoned Agriculture District.
In 1973, the Town of Vail approved a final plat for the Sunburst at Vail Subdivision
which included the golf course parking lot property.
On August 7, 1973, the Town of Vail adopted Ordinance No. 8, Series of 1973, which
established comprehensive zoning regulations for the Town of Vail. In establishing
comprehensive regulations, this ordinance created 12 new zone districts including the
Agriculture and Open Space District. The golf course clubhouse was site subsequently
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Town of Vail Page 3
rezoned to the Agriculture and Open Space District. This ordinance also established
Special Development District No. 1 for the “Sunburst Development”, which included the
golf course parking lot property.
On August 16, 1977, the Town of Vail adopted Ordinance No. 17, Series of 1977, which
rezoned the golf course parking lot property from Special Development District No. 1 to
the Public Use District.
On September 14, 1977, the Town of Vail approved the Sunburst Filing 2 plat which
established the golf course parking lot property as Lot 3. On December 20, 1977, the
Town of Vail approved the final plat for Sunburst Filing 3, a re-subdivision of Sunburst
Filing 2.
In January of 1984, the Town of Vail purchased the Vail Golf Course property from the
Pulis Ranch.
On October 4, 1994, the Town of Vail adopted Ordinance No. 21, Series of 1994. In
part, this ordinance repealed the Public Use District and reestablished it as the General
Use District. This ordinance also established a new zone district named the Outdoor
Recreation District.
On November 7, 1995, the Vail Town Council adopted Ordinance No. 19, Series of
1995, which rezoned 67 properties to the Natural Area Preservation District, Outdoor
Recreation District, or General Use District. Portions of the Vail Golf Course were
rezoned from the Agriculture and Open Space District to the new Outdoor Recreation
District. This ordinance also amended the Outdoor Recreation District to allow “golf
course” as a permitted use.
In 2000, the Vail Jr. Hockey Association, Vail Recreation District, and Town of Vail
proposed constructing a seasonal ice rink at the Vail Golf Course driving range. To
facilitate construction of the proposed seasonal ice rink, three development applications
were submitted: minor subdivision, rezoning, and a conditional use permit.
On September 25, 2000, the Planning and Environmental Commission approved a final
plat to subdivide the golf course clubhouse and dri ving range sites into a new Vail Golf
Course Clubhouse Subdivision and a conditional use permit for the construction of a
seasonal ice rink. The Commission forwarded a recommendation of approval to the
Vail Town Council for the proposed rezoning of the clubhouse and driving range from
Outdoor Recreation District to General Use District.
On April 17, 2001, the Vail Town Council adopted Ordinance No. 9, Series of 2001, to
rezone the Vail Golf Course Clubhouse Subdivision from Outdoor Recreation District to
the General Use District.
Adjacent property owners opposed to the seasonal ice rink subsequently filed an appeal
of the ice rink approvals. A court decision on the appeal nullified the rezoning of the golf
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Town of Vail Page 4
course club house and driving range due to procedural errors. The merits of the
rezoning were not reviewed by the court.
The Vail Golf Course Clubhouse Subdivision final plat was not executed and recorded
within the one-year timeframe prescribed by the Planning and Environmental
Commission, so the Commission’s approval of the plat expired.
Rather than pursuing the rezoning of the golf course clubhouse and driving range
further, the Vail Jr. Hockey Associated, Vail Recreation District, and Town of Vail chose
instead to propose amendments to the Outdoor Recreation District to allow the
seasonal ice rink at the golf course driving range.
On October 14, 2002, the Planning and Environmental Commission approved a
conditional use permit for the seasonal ice rink contingent upon the Vail Town Council’s
approval of amendments of the Outdoor Recreation Di strict. On November 5, 2002, the
Vail Town Council adopted Ordinance No. 29, Series of 2002, which allowed a
“seasonal use or structure” as a conditional use in the Outdoor Recreation District.
On November 8, 2011, the Town of Vail electorate approved ballot question #1 which
stated:
“Without increasing taxes, shall the Town of Vail use the remainder of the one
and one-half percent lodging tax revenues and one-half percent sales tax
revenues collected from January 1, 2003 through December 31, 2005 to fund the
following projects that will promote recreation, promote tourism and support the
economy in the Town of Vail:
Expansion and improvement of the clubhouse at the Vail Golf Course and Nordic
Center, including multi-use community space;
Field expansion and restroom renovation at the Ford Park Sports Complex; and
Ford Amphitheater improvements, including outdoor seating and restroom
improvements?”
The proposed final plat and rezoning applications are intended to facilitate future
renovations to the Vail Golf Course clubhouse building in response to the 2011 election.
IV. APPLICABLE REGULATIONS
VAIL LAND USE PLAN
CHAPTER II: LAND USE PLAN GOALS / POLICIES (in part)
The goals articulated here reflect the desires of the citizenry as expressed through the
series of public meetings that were held throughout the project. A set of initial goals
were developed which were then substantially revised after different types of opinions
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Town of Vail Page 5
were brought out in the second meeting. The goal statements were developed to reflect
a general consensus once the public had had the opportunity to reflect on the concepts
and ideas initially presented. The goal statements were then revised through the review
process with the Task Force, the Planning and Environmental Commission and Town
Council and now represent policy guidelines in the review process for new development
proposals. These goal statements should be used in conjunction with the adopted Land
Use Plan map, in the evaluation of any development proposal.
The goal statements which are reflected in the design of the proposed Plan are as
follows:
1. General Growth / Development
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve
both the visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded
whenever possible.
1.10 Development of Town owned lands by the Town of Vail (other than
parks and open space) may be permitted where no high hazards exist, if
such development is for public use.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (in fill areas).
2. Skier / Tourist Concerns
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.4 The community should improve summer recreational options to
improve year-round tourism.
2.5 The community should non-skier recreational options to improve year-
round tourism.
6. Community Services
6.1 Services should keep pace with increased growth.
6.2 The Town of Vail should play a role in future development through
balancing growth with services.
6.3 Services should be adjusted to keep pace with the needs of peak
periods.
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Town of Vail Page 6
CHAPTER VI: PROPOSED LAND USE (IN PART)
P – Parks:
Included in this category are town owned parcels intended for both active
recreation activities such as athletic fields, golf courses and playgrounds, as well
as areas for various passive recreation activities.
TITLE 12: ZONING REGULATIONS
Chapter 12-1: Title, Purpose, Applicability (in part)
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated
and harmonious development of the town in a manner that will conserve and
enhance its natural environment and its established character as a resort and
residential community of high quality.\
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among
land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
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Town of Vail Page 7
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Chapter 12-2: Definitions (in part)
LOT OR SITE: A parcel of land occupied or intended to be occupied by a use,
building, or structure under the provisions of this title and meeting the minimum
requirements of this title. A lot or site may consist of a single lot of record, a
portion of a lot of record, a combination of lots of record or portions thereof, or a
parcel of land described by metes and bounds.
Article 12 -8B: Outdoor Recreation District
Section 12-8B-1: Purpose
The outdoor recreation district is intended to preserve undeveloped or open
space lands from intensive development while permitting outdoor recreational
activities that provide opportunities for active and passive recreation areas,
facilities and uses.
12-8B-2: Permitted Uses
The following uses shall be permitted in the OR district:
Bicycle and pedestrian paths.
Golf courses
Interpretive nature walks.
Nature preserves.
Passive outdoor recreation areas and open spaces.
12-8B-3: Conditional Uses
The following conditional uses shall be permitted, subject to issuance of a
conditional use permit in accordance with the provisions of chapter 16 of this title:
Accessory buildings (permanent and temporary) and uses customarily incidental
and accessory to permitted or conditional outdoor recreational uses, and
necessary for the operation thereof, including restrooms, drinking fountains,
bleachers, concessions, storage buildings, and similar uses.
Cemeteries.
Communications antennas and appurtenant equipment.
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Town of Vail Page 8
Equestrian trails, used only to access national forest system lands.
Public parks and active public outdoor recreation areas and uses, excluding
buildin gs.
Public utility and public service uses.
Seasonal use or structure.
Ski lifts, tows and runs.
Well water treatment facilities
12-8B-4: Accessory Uses
The following accessory uses shall be permitted in the OR district:
Accessory uses in the OR district are subject to conditional use permit review in
accordance with the provisions of chapter 16 of this title.
12-8B-5: Lot Area And Site Dimensions:
Not applicable in the OR district.
12-8B-6: Setbacks:
In the OR district, the minimum setback shall be twenty feet (20') from all
property lines, except as may be further restricted by the planning and
environmental commission in conjunction with the issuance of a conditional use
permit in accordance with the provisions of chapter 16 of this title.
12-8B-7: Height:
For a flat roof or mansard roof, the height of buildings shall not exceed twenty
one feet (21'). For a sloping roof, the height of buildings shall not exceed twenty
four feet (24').
12-8B-8: Density:
Not applicable in the OR district.
12-8B-9: Site Coverage:
Site coverage shall not exceed five percent (5%) of the total site area.
12-8B-10: Landscaping And Site Development:
Landscape requirements shall be determined by the design review board in
accordance with chapter 11 of this title.
12-8B-11: Parking:
Off street parking shall be provided in accordance with chapter 10 of this title.
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Town of Vail Page 9
12-8B-12: Additional Development Standards:
Additional regulations pertaining to site development standards and the
development of land in the outdoor recreation distr ict are found in chapter 14 of
this title.
Article 12-9C: General Use District (in part)
Section 12-9C-1: Purpose
The general use district is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes
prescribed in section 12-1-2 of this title and to provide for the public welfare. The
general use district is intended to ensure that public buildings and grounds and
certain types of quasi-public uses permitted in the district are appropriately
located and designed to meet the needs of residents and visitors to Vail, to
harmonize with surrounding uses, and, in the case of buildings and other
structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
12-9C-2: Permitted Uses
The following uses shall be permitted in the GU district:
Bicycle and pedestrian paths.
Communications antennas and appurtenant equipment.
Employee housing units, as further regulated by chapter 13 of this title.
Passive outdoor recreation areas, and open space.
12-9C-3: Conditional Uses
A. Generally: The following conditional uses shall be permitted in the GU district,
subject to issuance of a conditional use permit in accordance with the provisions
of chapter 16 of this title:
Child daycare centers.
Equestrian trails.
Golf courses.
Healthcare facilities.
Helipad for emergency and/or community use.
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Major arcades.
Plant and tree nurseries, and associated structures, excluding the sale of
trees or other nursery products, grown, produced or made on the
premises.
Public and private parks and active outdoor recreation areas, facilities and
uses.
Public and private schools.
Public and quasi-public indoor community facilities.
Public buildings and grounds.
Public parking structure.
Public theaters, meeting rooms and convention facil ities.
Public tourist/guest service related facilities.
Public transportation terminals.
Public unstructured parking.
Public utility and public service uses.
Religious institutions.
Seasonal structures or uses to accommodate educational, recreational or
cultural activities.
Ski lifts, tows and runs.
Water and sewage treatment plants.
B. Proximity To Parking Required: The following conditional uses shall be
permitted in accordance with the issuance of a conditional use permit, provided
such use is accessory to a parking structure:
Offices.
Restaurants.
Ski and bike storage facilities.
Sundries shops.
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Tourist/guest service related facilities.
Transit/shuttle services.
12-9C-4: Accessory Uses
The following accessory uses shall be permitted in the GU district:
Minor arcades.
Other uses customarily incidental and accessory to permitted or conditional uses,
and necessary for the operation thereof, with the exception of buildings.
12-9C-5: Development Standards
A. Prescribed By Planning And Environmental Commission: In the general use
district, development standards in each of the following categories shall be as
prescribed by the planning and environmental commission:
1. Lot area and site dimensions.
2. Setbacks.
3. Building height.
4. Density control.
5. Site coverage.
6. Landscaping and site development.
7. Parking and loading.
B. Reviewed By Planning And Environmental Commission: Development
standards shall be proposed by the applicant as a part of a conditional use permit
application. Site specific development standards shall then be determined by the
planning and environmental commission during the review of the conditional use
request in accordance with the provisions of chapter 16 of this title.
12-9C-6: Additional Development Standards
Additional regulations pertaining to site development standards and the
development of land in the general use district are found in chapter 14 of this
title.
TITLE 13, SUBDIVISION REGULATIONS, VAIL TOWN CODE (IN PART)
CHAPTER 13-1: GENERAL PROVISIONS (in part)
Section 13-1-2: Purpose
A. Statutory Authority: The subdivision regulations contained in this title have been
prepared and enacted in accordance with Colorado Revised Statutes title 31, article 23,
for the purpose of promoting the health, safety and welfare of the present and future
inhabitants of the town.
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B. Goals: To these ends, these regulations are intended to protect the environment, to
ensure efficient circulation, adequate improvements, sufficient open space and in
general, to assist the orderly, efficient and integrated development of the town. These
regulations also provide for the proper arrangement of streets and ensure proper
distribution of population. The regulations also coordinate the need for public services
with governmental improvement programs. Standards for design and construction of
improvements are hereby set forth to ensure adequate and convenient traffic circulation,
utilities, emergency access, drainage, recreation and light and air. Also intended is the
improvement of land records and surveys, plans and plats and to safeguard the
interests of the public and subdivider and provide consumer protection for the
purchaser; and to regulate other matters as the town planning and environmental
commission and town council may deem necessary in order to protect the best interests
of the public.
C. Specific Purposes: These regulations are further intended to serve the following
specific purposes:
1. To inform each subdivider of the standards and criteria by which development
proposals will be evaluated, and to provide information as to the type and extent
of improvements required.
2. To provide for the subdivision of property in the future without conflict with
development on adjacent land.
3. To protect and conserve the value of land throughout the municipality and the
value of buildings and improvements on the land.
4. To ensure that subdivision of property is in compliance with the town's zoning
ordinances, to achieve a harmonious, convenient, workable relationship among
land uses, consistent with town development objectives.
5. To guide public and private policy and action in order to provide adequate and
efficient transportation, water, sewage, schools, parks, playgrounds, recreation,
and other public requirements and facilities and generally to provide that public
facilities will have sufficient capacity to serve the proposed subdivision.
6. To provide for accurate legal descriptions of newly subdivided land and to
establish reasonable and desirable construction design standards and
procedures.
7. To prevent the pollution of air, streams and ponds, to assure adequacy of
drainage facilities, to safeguard the water table and to encourage the wise use
and management of natural resources throughout the town in order to preserve
the integrity, stability and beauty of the community and the value of the land.
V. SITE ANALYSIS AND ZONE DISTRICT COMPARISON
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Vail Golf Course Parking Lot
Address: 1778 Sunburst Drive
Legal Description: Lot 3, Sunburst Filing 3
Zoning: General Use District
Land Use Designation: Park
Mapped Geological Hazards: High Severity Rockfall
Lot Area: 1.012 acres (44,083 sq. ft.)
Vail Golf Course Clubhouse
Address: 1778 Sunburst Drive
Existing Legal Description: Part of an unplatted parcel
Proposed Legal Description: Vail Golf Course Clubhouse Parcel
Existing Zoning: Outdoor Recreation District
Proposed Zoning: General Use District
Land Use Designation: Park
Mapped Geological Hazards: High Severity Rockfall
Existing Lot Area: n/a (part of a 57.3 acre unplatted parcel)
Proposed Lot Area: 3.241 acres / 141,178 sq. ft.
Development Standard Outdoor Recreation District General Use District
Lot Area/Site Dimensions n/a per PEC
Setbacks 20 ft. or more restrictive per PEC per PEC
Height 21 ft. flat / 24 ft. sloping per PEC
Density n/a per PEC
Site Coverage 5% of total site area per PEC
Landscaping per DRB per PEC
Parking per 12-10, Vail Town Code per PEC
VI. SURROUNDING LAND USES AND ZONING
Existing Use Zoning District
North: Golf Course Outdoor Recreation District
South: Residential Single Family District
West: Residential Low Density Multiple Family District
East: Residential Two -Family Primary/Secondary District
VII. FINAL PLAT REVIEW CRITERIA
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Before acting on a final plat application, the Planning and Environmental Commission
shall consider the following factors with respect to the proposed use:
1. The extent to which the proposed subdivision is consistent with all 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 proposed final plat is intended to facilitate future renovations to the Vail Golf Course
clubhouse building in response to the 2011 election in which the Vail electorate re-
allocated conference center funds specifically for the “expansion and improvement of
the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community
space” which Staff finds consistent with the development objectives of the Town.
The Vail Golf Course is designated as Park by the Vail Land Use Plan. Staff finds the
proposed subdivision to be consistent the purpose of the Park land use designation:
P – Parks:
Included in this category are town owned parcels intended for both active
recreation activities such as athletic fields, golf courses and playgrounds, as well
as areas for various passive recreation activities.
Staff finds the proposed final plat to be consistent with the following goals of the Vail
Land Use Plan:
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.10 Development of Town owned lands by the Town of Vail (other than parks
and open space) may be permitted where no high hazards exist, if such
development is for public use.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (in fill areas).
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.4 The community should improve summer recreational options to improve year-
round tourism.
2.5 The community should non-skier recreational options to improve year-round
tourism.
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Town of Vail Page 15
6.1 Services should keep pace with increased growth.
6.2 The Town of Vail should play a role in future development through balancing
growth with services.
6.3 Services should be adjusted to keep pace with the needs of peak periods.
Staff believes the proposed final plat is consistent with the purposes of the Town’s
Subdivision Regulations, the purposes of the Outdoor Recreation District, and the
purposes of the General Use District as outlined in Section IV of this memorandum.
Staff finds the proposed final plat 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. Staff believes the proposed
final plat is therefore consistent with this criterion.
2. The extent to which the proposed subdivision complies with all of the
standards of Title 13, Subdivision Regulations, Vail Town Code, as well as, but
not limited to, Title 12, Zoning Regulations, Vail Town Code, and other pertinent
regulations that the planning and environmental commission deems applicable;
and
There are no lot area or dimension requirements in the Outdoor Recreation District.
Section 12-8B-5, Lot Area and Site Dimensions, Vail Town Code, states: “Not
applicable in the OR district.” The existing 57.3 acre unplatted golf course parcel will
not be rendered non-conforming by re-subdividing the proposed 3.241 acre clubhouse
site as a separate parcel.
Development standards, including Lot Area and Site Dimensions, are prescribed by the
Planning and Environmental Commission in the General Use District. Staff finds the
proposed lot area (3.241 acres) and dimensions are consistent with the purpose of the
General Use District identified in Section 12-9C-1, Purpose, Vail Town Code:
The general use district is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes
prescribed in section 12-1-2 of this title and to provide for the public welfare. The
general use district is intended to ensure that public buildings and grounds and
certain types of quasi-public uses permitted in the district are appropriately
located and designed to meet the needs of residents and visitors to Vail, to
harmonize with surrounding uses, and, in the case of buildings and other
structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
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Town of Vail Page 16
Staff believes the proposed final plat complies with the applicable requirements of the
Town’s Subdivision Regulations and Zoning Regulations, and is therefore consistent
with this review criterion.
3. The extent to which the proposed subdivision presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives; and
As identified above, Staff believes the proposed final plat is consistent with the
recommendations of the Vail Land Use Plan and the purposes of the adopted Zoning
Regulations. This proposed final plat does not expand the developable area of the Vail
Golf Course beyond its existing boundaries. Therefore, Staff does not believe the
proposed final plat will have significant negative affects on the future development of the
surrounding area in comparison to existing conditions.
4. The extent of the effects on the future development of the surrounding area;
and
This proposed final plat does not expand the developable area of the Vail Golf Course
beyond its existing boundaries. Therefore, Staff does not believe the proposed final plat
will have significant negative affects on the future development of the surrounding area
in comparison to existing conditions.
5. The extent to which the proposed subdivision is located and designed to avoid
creating spatial patterns that cause inefficiencies in the delivery of public
services, or require duplication or premature extension of public facilities, or
result in a "leapfrog" pattern of development; and
This proposed final plat does not expand the developable area of the Vail Golf Course
beyond its existing boundaries. Staff does not believe the proposed final plat will have
significant negative affects on the community’s special patterns in comparison to
existing conditions.
6. The extent to which the utility lines are sized to serve the planned ultimate
population of the service area to avoid future land disruption to upgrade
undersized lines; and
Utility services exist for the subject property. Staff does not believe the proposed final
plat will have significant negative affects on utilities in comparison to existing conditions.
7. The extent to which the proposed subdivision provides for the growth of an
orderly viable community and serves the best interests of the community as a
whole; and
This proposed final plat does not expand the developable area of the Vail Golf Course
beyond its existing boundaries. The proposed final plat and rezoning applications are
intended to facilitate future renovations to the Vail Golf Course clubhouse building in
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Town of Vail Page 17
response to the 2011 election in which the Vail electorate re-allocated conference
center funds specifically for the “expansion and improvement of the clubhouse at the
Vail Golf Course and Nordic Center, including multi-use community space.” Therefore,
Staff believes the proposed final plat provides for growth in an orderly manner.
8. The extent to which the proposed subdivision results in adverse or beneficial
impacts on the natural environment, including, but not limited to, water quality,
air quality, noise, vegetation, riparian corridors, hillsides and other desirable
natural features; and
This proposed final plat does not expand the developable area of the Vail Golf Course
beyond its existing boundaries. Staff does not believe the proposed final plat will have
significant negative impacts to the natural environment in comparison to existing
conditions.
9. Such other factors and criteria as the commission and/or council deem
applicable to the proposed subdivision.
VIII. ZONE DISTRICT BOUNDARY AMENDMENT CRITERIA
Before acting on a zone district boundary amendment application, the Planning and
Environmental Commission shall consider the following factors with respect to this
proposal:
1. The extent to which the zone district amendment is consistent with all 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.
The proposed rezoning is intended to facilitate future renovations to the Vail Golf
Course clubhouse building in response to the 2011 election in which the Vail electorate
re-allocated conference center funds specifically for the “expansion and improvement of
the clubhouse at the Vail Golf Course and Nordic Center, including multi-use community
space” which Staff finds consistent with the development objectives of the Town.
The Vail Golf Course is designated as Park by the Vail Land Use Plan. Ford Park,
Donovan Park, and the golf course parking lot are other prominent Town of Vail owned
properties that are designated as Park by the Vail Land Use Plan and zoned General
Use District. Staff finds the proposed rezoning to be consistent the purpose of the Park
land use designation:
P – Parks:
Included in this category are town owned parcels intended for both active
recreation activities such as athletic fields, golf courses and playgrounds, as well
as areas for various passive recreation activities.
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Staff finds the proposed rezoning to be consistent with the following goals of the Vail
Land Use Plan:
1.1 Vail should continue to grow in a controlled environment, maintaining a
balance between residential, commercial and recreational uses to serve both the
visitor and the permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.10 Development of Town owned lands by the Town of Vail (other than parks
and open space) may be permitted where no high hazards exist, if such
development is for public use.
1.12 Vail should accommodate most of the additional growth in existing
developed areas (in fill areas).
2.1 The community should emphasize its role as a destination resort while
accommodating day visitors.
2.4 The community should improve summer recreational options to improve year-
round tourism.
2.5 The community should non-skier recreational options to improve year-round
tourism.
6.1 Services should keep pace with increased growth.
6.2 The Town of Vail should play a role in future development through balancing
growth with services.
6.3 Services should be adjusted to keep pace with the needs of peak periods.
Staff finds the proposed rezoning to be consistent with the following general and
specific purposes of the Town’s adopted Zoning Regulations:
12-1-2: Purpose:
A. General: These regulations are enacted for the purpose of promoting the
health, safety, morals, and general welfare of the town, and to promote the
coordinated and harmonious development of the town in a manner that will
conserve and enhance its natural environment and its established character as a
resort and residential community of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
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2. To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation
and to lessen congestion in the streets.
4. To promote adequate and appropriately located off street parking and
loading facilities.
5. To conserve and maintain established community qualities and economic
values.
6. To encourage a harmonious, convenient, workable relationship among
land uses, consistent with municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land
with structures.
8. To safeguard and enhance the appearance of the town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10. To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
Staff finds the proposed rezoning to be consistent with the purpose of the General Use
District identified in Section 12-9C-1, Purpose, Vail Town Code:
The general use district is intended to provide sites for public and quasi-public
uses which, because of their special characteristics, cannot be appropriately
regulated by the development standards prescribed for other zoning districts, and
for which development standards especially prescribed for each particular
development proposal or project are necessary to achieve the purposes
prescribed in section 12-1-2 of this title and to provide for the public welfare. The
general use district is intended to ensure that public buildings and grounds and
certain types of quasi-public uses permitted in the district are appropriately
located and designed to meet the needs of residents and visitors to Vail, to
harmonize with surrounding uses, and, in the case of buildings and other
structures, to ensure adequate light, air, open spaces, and other amenities
appropriate to the permitted types of uses.
Therefore, Staff believes the proposed rezoning meets this review criterion.
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2. The extent to which the zone district amendment is suitable with the existing
and potential land uses on the site and existing and potential surrounding land
uses as set out in the town's adopted planning documents.
A “golf course” is allowed as a permitted use in the Outdoor Recreation District and as a
conditional use in the General Use District. The proposed rezoning continues to allow
the existing golf course uses on the subject site. The clubhouse and other golf course
uses can be expanded and modified under both the existing and proposed zoning.
The proposed rezoning application is intended to facilitate future renovations to the Vail
Golf Course clubhouse building in response to the 2011 election in which the Vail
electorate re-allocated conference center funds specifically for the “expansion and
improvement of the clubhouse at the Vail Golf Course and Nordic Center, including
multi-use community space.” Future changes to the golf course clubhouse will invol ve
Planning and Environmental Commission review of a conditional use permit application
and notification to the adjacent property owners only if the property is rezoned to the
General Use District. The General Use District provides both greater flexibility and
greater control in regulating these future renovations than the Outdoor Recreation
District.
Staff does not believe the proposed rezoning of the subject property will alter the
suitability of the golf course on the site or with surrounding use. Therefore, Staff finds
the proposed rezoning meets this review criterion.
3. The extent to which the zone district amendment presents a harmonious,
convenient, workable relationship among land uses consistent with municipal
development objectives.
Staff believes the existing golf course currently has a harmonious, convenient, and
workable relationship among land uses in the surrounding neighborhood. Staff does not
believe the proposed rezoning of the subject property will alter this relationship.
Therefore, Staff finds the proposed rezoning meets this review criterion.
4. The extent to which the zone district amendment provides for the growth of an
orderly viable community and does not constitute spot zoning as the amendment
serves the best interests of the community as a whole.
The Vail Golf Course is designated as Park by the Vail Land Use Plan. Ford Park,
Donovan Park, and the golf course parking lot are other prominent Town of Vail owned
properties that are designated as Park by the Vail Land Use Plan and zoned General
Use District. The applicant is proposing that the golf course clubhouse be zoned the
same district as the golf course clubhouse parking lot. Therefore, Staff does not believe
the applicant’s proposal constitutes a spot zoning and therefore finds the proposed
rezoning meets this review criterion.
5. The extent to which the zone district amendment results in adverse or
beneficial impacts on the natural environment, including, but not limited to, water
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quality, air quality, noise, vegetation, riparian corridors, hillsides and other
desirable natural features.
The Vail Golf Course may continue and may be expanded or modified under both the
existing and proposed zoning. Staff finds that rezoning of this property from the
Outdoor Recreation District to the General Use District will not alter the impacts on the
natural environment in comparison to existing conditions. Therefore, Staff finds the
proposed rezoning meets this review criterion.
6. The extent to which the zone district amendment is consistent with the purpose
statement of the proposed zone district.
As identified above, Staff finds that the proposed rezoning is consistent with the
purpose of the General Use District as outlined in Section IV of this memorandum.
Therefore, Staff believes the proposed rezoning meets this review criterion.
7. The extent to which the zone district amendment demonstrates how conditions
have changed since the zoning designation of the subject property was adopted
and is no longer appropriate.
The proposed rezoning application is intended to facilitate future renovations to the Vail
Golf Course clubhouse building in response to the 2011 election in which the Vail
electorate re-allocated conference center funds specifically for the “expansion and
improvement of the clubhouse at the Vail Golf Course and Nordic Center, including
multi-use community space.” The General Use District provides both greater flexibility
and greater control in regulating these future renovations than the Outdoor Recreation
District. Therefore, Staff finds the proposed rezoning meets this review criterion.
8. Such other factors and criteria as the commission and/or council deem
applicable to the proposed rezoning.
IX. STAFF RECOMMENDATION
Final Plat
Based upon the review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission approves, with a
condition, this request for the review of a final plat, pursuant to Chapter 13-4, Minor
Subdivision, Vail Town Code, to resubdivide a porti on of the unplatted Vail Golf Course
as the Vail Golf Course Clubhouse Parcel, located at 1778 Sunburst Drive/Lot 3,
Sunburst Filing 3, and part of an unplatted parcel, and setting forth details in regard
thereto.
Should the Planning and Environmental Commission choose to approve this final plat,
the Community Development Department recommends the Commission makes the
following motion:
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“The Planning and Environmental Commission approves this request for the
review of a final plat, pursuant to Chapter 13-12, Exemption Plat Review
Procedures, Vail Town Code, to resubdivide a portion of the unplatted Vail Golf
Course as the Vail Golf Course Clubhouse Parcel, located at 1778 Sunburst
Drive/Lot 3, Sunburst Filing 3, and part of an unplatted parcel, and setting forth
details in regard thereto.”
Should the Planning and Environmental Commission choose to approve this final plat,
the Community Development Department recommends the Commission impose the
following condition:
“1. Approval of this final plat is continent upon the rezoning of the subject
property from the Outdoor Recreation District to the General Use District.”
Should the Planning and Environmental Commission choose to approve this final plat,
the Community Development Department recommends the Commission makes the
following findings:
“Based upon the review of the criteria outlined in Section VII of the Staff
memorandum to the Planning and Environmental Commission dated May 14,
2012, and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. The final plat is in compliance with the criteria prescribed by Chapter 13-12,
Exemption Plat Review Procedures, Vail Town Code.
2. The final plat is consistent with the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and compatible with the development
objectives of the town.
3. The final plat is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas.
4. The final plat 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.”
Rezoning
Based upon the review of the criteria outlined in Section VIII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning an Environmental Commission forwards a recommendation
of approval to the Vail Town Council for a zone district boundary amendment, pursuant
to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of the Vail Golf
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Course Clubhouse from the Outdoor Recreation Distri ct to the General Use District,
located at 1778 Sunburst Drive/Part of an unplatted parcel (proposed Vail Golf Course
Clubhouse Parcel), 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 motion:
“The Planning and Environmental Commission forwards a recommendation of
approval to the Vail Town Council for a zone district boundary amendment,
pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning
of the Vail Golf Course Clubhouse from the Outdoor Recreation District to the
General Use District, located at 1778 Sunburst Drive/Part of an unplatted parcel
(proposed Vail Golf Course Clubhouse Parcel), and setting forth details in regard
thereto.”
Should the Planning and Environmental Commission choose to recommend approval of
this request; the Community Development Department recommends the Commission
makes the following findings:
“Based upon the review of the criteria outlined in Sections VII and VIII of the Staff
memorandum to the Planning and Environmental Commission dated May 14,
2012,and the evidence and testimony presented, the Planning and
Environmental Commission finds:
1. That the amendments are consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with the
development objectives of the town.
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas.
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.”
X. ATTACHMENTS
A. Vicinity Map
B. Proposed Plat
C. Proposed Zoning Map Amendment
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SUNBURST DR
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Vail Golf CourseVail Golf Course
(1775 Sunburst Drive)(1775 Sunburst Drive)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: April 23, 2012
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SEE REVISED PLAT
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Vail Golf Course ClubhouseVail Golf Course Clubhouse
(1775 Sunburst Drive)(1775 Sunburst Drive)
This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: April 20, 2012
Existing Zoning
Single-Family Residential (SFR)
Two-Family Primary/Secondary Residential (PS)
Low Density Multiple Family (LDMF)
Outdoor Recreation (OR)
Natural Area Preservation (NAP)
General Use (GU)
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Proposed Zoning
Single-Family Residential (SFR)
Two-Family Primary/Secondary Residential (PS)
Low Density Multiple Family (LDMF)
Outdoor Recreation (OR)
Natural Area Preservation (NAP)
General Use (GU)
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REVISED
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Page 1
PLANNING AND ENVIRONMENTAL COMMISSION
May 14, 2012
1:00pm
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road W. - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Susan Bird
Luke Cartin
Pam Hopkins
Michael Kurz
Bill Pierce
Henry Pratt
John Rediker
Site Visits
None
20 minutes
1. A request for the review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for an increase in floor
area of eating, drinking or retail establishments in a lodge occupying between ten percent (10%)
and fifteen percent (15%) of the total gross residential floor area of the main structure or
structures on the site, located at 1 Willow Bridge Road/Lot 2, Sonnenalp Subdivision, and setting
forth details in regard thereto. (PEC120020)
Applicant: One Willow Bridge Commercial, LLC, represented by Sharon Cohn
Planner: Rachel Dimond
ACTION: Approved with conditions
MOTION: Kurz SECOND: Rediker VOTE: 7-0-0
CONDITIONS:
1. The applicant shall replat the existing pedestrian easement on the north side of One
Willow Bridge Road to be parallel with the adjacent right-of-way.
2. The applicant shall provide employee housing mitigation, as required by Chapter 12-
23, Commercial Linkage, Vail Town Code.
Rachel Dimond made a presentation per the staff memorandum.
Sharon Cohn spoke to the challenges the retail has experienced and how the proposed changes
would make the retail more viable.
Commissioner Kurz stated that he understands how the current configuration of planters and
columns impacts the retail negatively.
There was no public input.
Commissioner Pierce stated a concern about the loss of the large planters in an area that could
use the large trees found in the planters. He suggested that the change to landscaping should
be at no net loss in area, species, size, and quantity and added that a few shrubs under some
windows are not appropriate.
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Commissioner Pratt highlighted a concern with the planters moving closer to the building, as they
would be in shade almost constantly and it may be difficult to grow plants. He also added that
the planters near the doors would like become ashtrays.
Commissioner Hopkins spoke to the previously existing large planters at the Lodge at Vail and
how their removal was a positive aspect of the project. She stated that she believed the
proposed plan was appropriate.
Commissioner Cartin asked how future restaurant seating areas could be located and how the
location of other seating areas elsewhere in Vail were determined.
Rachel Dimond described the influences of liquor licensing laws on outdoor dining areas.
Cartin asked the applicant about the types of landscaping to be added.
Sharon Cohn described the design intent of the landscaping and streetscape design.
Commissioner Kurz asked for clarification about the interior division of tenant spaces.
Sharon Cohn explained that the retail spaces will be larger than previous divisions.
30 minutes
2. A request for the review of an amendment to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, and a recommendation to the Vail
Town Council on a major amendment to Special Development District No. 6, Vail Village Inn,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the
conversion of a fractional fee club unit to a dwelling unit, located at 16 Vail Road (Sebastian
Hotel)/Part of Lots M, N, and O, Block 5D, Vail Village Filing 1, and setting forth details in regard
thereto. (PEC120015 & PEC120022)
Applicant: Ferruco Vail Ventures LLC, represented by Mauriello Planning Group
Planner: Rachel Dimond
Conditional Use Permit
ACTION: Approved with condition
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Special Development District Amendment
ACTION: Recommendation of Approval
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Rachel Dimond made a presentation per the staff memorandum.
Dominic Mauriello, representing the applicant, spoke to the application and made himself
available for any questions.
Commissioner Kurz inquired as to whether or not the Commission was going to see more FFUs
converting to DUs in this structure.
Dominic Mauriello stated that this is likely the only FFU conversion to DU within the Sebastian as
it is the singular FFU which does not currently have any fractions sold. There may be future
applications for general upgrades to the facility.
Commissioner Pratt asked if provisions should be included to mandate that the potential new unit
be required to be in the rental pool to ensure that it is a warm unit.
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Rachel Dimond stated that it is possible; however, ensuring compliance is difficult.
Dominic Mauriello explained that a requirement to be in the rental pool would make financing
difficult, and would make the property a security instead of a second home. He added that no
other project has had this requirement, yet the units were mostly in rental pools.
Commissioner Pratt spoke to the exchange of a hot bed for potentially a cold bed should it not be
included in the rental pool.
Commissioner Pierce stated that he had the same thoughts, but the building currently has one
dwelling unit and this amendment would take the structure to only two units.
30 minutes
3. A request for the review of amendments to an existing conditional use permit, pursuant to
Section 12-16-10, Amendment Procedures, Vail Town Code, to allow for renovations to Fire
Station No. 2, located at 42 West Meadow Drive/Part of Lot H and Part of Lot I, Vail Village Filing
2, and setting forth details in regard thereto. (PEC120018)
Applicant: Town of Vail, represented by Pierce Architects
Planner: Bill Gibson
ACTION: Approved with condition(s)
MOTION: Kurz SECOND: Rediker VOTE: 6-0-1 (Pierce recused)
CONDITIONS:
1. This conditional use permit approval is contingent upon the applicant obtaining Town
of Vail approval of the associated design review application.
2. Prior to occupancy of the temporary Town of Vail municipal offices, the applicant shall
submit a parking plan for review by the Planning and Environmental Commission.
3. Approval of the temporary Town of Vail municipal offices shall be valid for a period of
three years (expires May 14, 2015).
Commissioner Pierce recused himself due to a conflict of interest.
Bill Gibson gave a presentation per the staff memorandum.
Jim Buckner of Pierce Architects spoke to the specifics of the proposed plan.
Commissioner Kurz inquired as to the appropriateness of the introduction of public restrooms
into the fire station.
Chief Miller stated that there was an obvious need for the public restrooms due to the number of
inquiries they receive on a daily basis. He did not believe they would pose any operation
problems for the fire station.
Commissioner Bird inquired as to the reduction in the number of vehicle bays.
Chief Miller stated that with the construction of Station No. 3, equipment has been redistributed
and there is no longer a need for four bays at Station No. 2.
Commissioner Kurz inquired as to how fire service will be provided during construction.
Chief Miller explained that service would continue to be provided. The details have not been
finalized, but the use of the tenant space below La Bottega would likely be occupied by the on-
duty staff with the fire truck parked across the street at the fire station parking lot.
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Commissioner Rediker inquired as to how occupancy of the office and EHU would occur.
Bill Gibson explained that if necessary, the space would serve as temporary offices during the
municipal site redevelopment and then would become employee housing units that would likely
offered first to Town employees.
Commissioner Pratt stated his concern with the temporary relocation of Town Departments that
have significant public interaction to the fire station. The limited parking would not work well for a
department such as Community Development, but may work better for a department such as IT.
He recommended the Commission approve the application with a condition that a parking plan
for the temporary offices be submitted for further review prior to the office relocating.
Commissioner Kurz recommended placing a time limit on the approval of the temporary
municipal offices. He suggested two years.
Commission Pratt voice concern that the municipal site redevelopment project may not be
completed within two years and recommended a time limit of three years.
25 minutes
4. A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of
the Vail National Bank Building (US Bank Building) from Special Development District No. 23
with an underlying zoning of Commercial Service Center District to the General Use District,
located at 108 South Frontage Road West/Lot D2, Vail Village Filing 2, and setting forth details in
regard thereto. (PEC120014)
Applicant: Vail Clinic Inc., represented by Rick Pylman and Jim Wear
Planner: Warren Campbell
ACTION: Tabled to June 11, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Warren Campbell made a presentation per the Staff memorandum.
Rick Pylman, representative of the applicant, stated that the Vail Valley Medical Center would
like to rezone so that the subject property is zoned identically to the medical center site. This will
help facilitate the redevelopment of the property. He then explained the process for
redeveloping the hospital, the medical office building and the subject property. He noted that
they have received the letter from the Vail Village Homeowner’s Association submitted prior to
the hearing.
Commissioner Kurz asked Staff for clarification on the Vail Homeowner’s Association letter
alleging non-compliance from Section 12-3-7, Vail Town Code.
Commissioner Pierce asked if the medical center would be requesting replatting of the property
in the future.
Rick Pylman clarified that no subdivision is being proposed at this time, but he anticipates one
will be submitted at some time in the future.
Commissioner Cartin asked for clarification about ownership of the parking lot and its location
within two difference parcels and zone districts.
Jim Wear explained the history of the parking lot and clarified the rights to the use of that lot.
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Commissioner Cartin asked about plans for the proposed sky bridge pedestrian walk.
Warren Campbell explained the timing for the review of that one element of the municipal site
redevelopment project. He went on to explain that the section identified in the Vail Homeowners
Association letter was referencing the criteria and findings which must be addressed with a
rezoning request. He added that the letter was suggesting that the six points raised in the letter
did not result in compliance with the criterion and therefore findings could not be made in
support.
Commissioner Rediker asked what other businesses are currently located in this building.
Warren Campbell and Jim Wear identified that all but the existing bank and one business tenant
are medical uses associated with the hospital.
Commissioner Rediker asked about the zoning status of the bank if the property were rezoned.
Warren Campbell clarified that the bank would become a legally non-conforming use.
Commissioner Rediker asked how the rezoning would assist the medical center with its future
development plans.
Rick Pylman identified consistent zoning and simplification of the review process as the primary
rationale.
Jim Lamont, Vail Homeowner’s Association, clarified that the letter submitted to the PEC was
from the Vail Homeowner’s Association board and not from Jim Lamont. He requested that this
item be held as a work session rather than a final review to allow the staff report to be fully
circulated to all the affected, neighboring property owners. Mr. Lamont asked Warren Campbell
to clarify elements of the staff memorandum related to Land Use Plan designations of
“Transitional” for some neighboring properties.
Warren Campbell read the recommendations for Transitional land use designation from the Land
Use Plan.
Jim Lamont asked a series of questions about the adoption and amendment of the Land Use
Plan.
Commissioner Pierce asked Jim Lamont to express his points to the Commission, rather than
continuing his series of questions to Staff concerning technical issues about the Land Use Plan.
Jim Lamont expressed his concerns about the adverse affects of the medical center on the
adjacent properties. He noted that the cart was before the horse. The medical center should be
master planned first, and rezoned after. He noted that Ski Club Vail was done in this non-
traditional manner, but Ever Vail was master planned first and then rezoned. He is concerned
that this area has not been master planned like Vail Village and Lionshead. He is concerned that
property rights and property values are being diminished. He identified the review criteria that he
does not believe are property addressed by this application. He noted concerns about traffic and
how it relates to the medical center, Evergreen, and Weststar Bank Building. He contends that a
traffic master plan must precede a rezoning. He noted concerns about a potential helipad and its
negative impacts to the natural environment in this area. He believes that the staff memorandum
being published on Thursday and with Mother’s Day on Sunday the Board has not been afforded
adequate time to fully address this application.
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Commissioner Pierce asked Mr. Lamont to clarify his concerns about the application related to
specific code sections identified in their letter.
Jim Lamont recommended accepting Rick Pylman’s offer to meet with the Vail Homeowner’s
Association group to discuss the application in more detail. He noted that there is a weakness in
the Vail Land Use Plan, in the absence of neighborhood master plans, which would discourage
owner occupied units. This is not in line with the goals of the Town and is a reverse
condemnation of private property.
Commissioner Pierce identified that the south side of the street is Primary/Secondary zoning.
He asked if the Association’s concerns were a belief that rezoning from an SDD to General Use
would further reinforce the transition zone recommendations to preclude residential uses.
Jim Lamont believes the proposed rezoning says more and may set precedent beyond what the
applicant and the staff intend. The owners in this neighborhood deserve the same dignity of a
master plan as the Vail Village and Lionshead.
Commissioner Rediker asked Jim Lamont if there were any other issues misrepresented by the
staff memorandum.
Jim Lamont again summarized their concerns and noted that properties for sale in the
neighborhood aren’t selling because there are too many unknowns related to the hospital and
the municipal center.
Richard Kent, President of the Scorpio Home Owners Association, stated that they did not have
adequate time to review the request. They have too many questions and would like to see a
development plan and resolution to the location of the helipad before the rezoning moves
forward. They requested that the motion be denied.
Gwen Scalpello, on her own behalf since she has not had adequate time to speak with her
board, stated a concern that her property has been rezoned. She is very concerned about a
change from SDD to a broad zoning. She requests that a development plan be reviewed before
the rezoning moves forward.
Warren Campbell clarified the difference between the Land Use Plan designations and the
zoning designations. He clarified that the 9 Vail Road property has not been rezoned.
Ron Snow, Scorpio Board member and property owner, believes the hospital has been
restructured and wants to remove obstacles. He believes 50 years of history and homeowners
are those obstacles. The PEC needs to protect the community and not give up their review
rights. The Commission needs to protect the adjacent property owners.
RG Jacobs, property manager Scorpio and Alphorn, does not believe the adjacent owners have
had adequate time to review the application and he request the item be denied.
Joan Norris, representing Skal Haus 1, noted their association’s opposition to the application.
Commissioner Pierce noted that the PEC sets the development standards under General Use
zoning which allows the Commission to protect the interests of the neighborhood.
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Doris Kirchner, Vail Valley Medical Center, stated their respect for their neighbors. She stated
that they do not want to diminish the property rights of their neighbors. She requested, as the
applicant, that this application be tabled to allow them to meet with their neighbors.
Commission Kurz noted that growth of the medical center is important to the community, but
identified the concerns of the neighbors. He does not believe the Town has intentions of
promoting one neighbor over another and would not jump to adverse possession.
Commissioner Rediker asked staff to look at the criteria and examine potential impacts more
closely.
Commissioner Bird supported tabling this item to allow the applicant and neighbors to meet.
Commissioner Cartin recommended further examination of the Land Use Plan language. He
recommended the neighbors provide input to the Commission on setbacks, density, etc. once
the development plan is reviewed. He asked the applicant to provide preliminary plans for the
redevelopment of the medical center to address rumors about the redevelopment.
Commissioner Rediker asked for clarification of whether or not the cart is before the horse in
rezoning without a development plan. He asked to be provided examples of properties that were
rezoned in the absence of a development plan.
90 minutes
5. A request for the review of conditional use permits, pursuant to Section 12-9C-3, Conditional
Uses, Vail Town Code, for a healthcare facility and a public building and grounds, to allow for the
redevelopment of the Town of Vail municipal site with a medical research, rehabilitation, and
office building and a municipal office building located at 75 and 111 South Frontage Road West/
Unplatted, and setting forth details in regard thereto. (PEC120012)
Applicant: Vail MOB, LLC, represented by Triumph Development and Town of Vail, represented
by Consilium Partners, Vail
Planner: Warren Campbell
ACTION: Tabled to May 21, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Warren Campbell presented the staff memorandum.
George Ruther introduced the presentation. He updated the Commission on the recent Town
Council decision not to proceed with an additional story of for-lease floor area in the building. He
also discussed the Town Council’s direction to provide some limited surface parking between the
two buildings. He noted that they are holding a public open house discussion about the project
in the hallway after the Commission’s hearing.
Will Hentschel, Oz Architecture, summarized the revisions made since the Commission’s last
hearing. He also presented new plans and renderings of the project that will also be displayed at
the public open house.
Sherry Dorward summarized the comments received at the Commission’s last hearing and
presented the various landscaping options currently being considered.
Commissioner Kurz noted his preference for the designs that included outdoor spaces for
employees. He doubts these spaces will be utilized much by customers. He commented on
parking space access and vehicle maneuverability. He supported the general bulk and mass of
the proposed buildings.
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Commissioner Bird agreed with Commissioner Kurz’s comments and noted her preference for
outdoor furniture instead of only boulder seating.
Commissioner Pratt also agreed with the Kurz and Bird preferred landscape plan option. He
recommended incorporating more flower beds along the street.
Commissioner Cartin asked about the timing for the medical office building plans.
Tim Losa, Zehren Associates, and Michael O’Conner, Triumph Development, suggested that
their plans should be provided to staff within two weeks.
Commissioner Hopkins recommended the softer landscape themes be incorporated into the first
proposed landscape theme.
Commissioner Pierce agreed with the other Commissioners in supporting the first landscape
plan option presented.
Commissioner Pratt asked about the purpose for the proposed building tower.
Will Hentschel described the design intent of the tower.
Commissioner Pratt recommended making the tower taller to make more of an architectural
statement and to be in character with the bulk of the medical center.
Commission Kurz agreed with the concept of an iconic tower, but recommended considering
alternative tower designs.
Jim Lamont, Vail Homeowner’s Association, supported the general design direction. He
suggested that the architectural must be in keeping with the international resort market. He
discussed the “five finger” street intersection concern that currently exists in the Frontage Road
to access the hospital, Evergreen, and Municipal site.. He clarified that the grand boulevard
design concept isn’t intended to only address traffic issues. He discussed visions for burying the
interstate and this location provides as opportunity to demonstrate how a cut-and-cover
approach could be constructed. The grand boulevard vision would allow for several lanes of
traffic surrounded by 4-5 story buildings; however, in Vail there is inadequate room for
landscaping. He recommends using I-70 to create a perceived building edge. He suggested the
long-term road noise issues and recommends that further analysis be done. He noted that
direction from the Town is needed to gain support from the public and transportation authorities.
45 minutes
6. A request for the review of amendments to a conditional use permit, pursuant to Section 12-16-
10, Amendment Procedures, Vail Town Code, to allow for the construction of various
improvements at Ford Park (realignment of athletic fields, new restroom and concession
buildings, new covered outdoor terrace, Gerald R. Ford Amphitheater renovations, park
entrance improvements, Betty Ford Alpine Garden welcome center, streetscape improvements,
etc.) located at 530, 540, and 580 South Frontage Road East/ Unplatted, and setting forth details
in regard thereto. (PEC120003)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to May 21, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
Bill Gibson gave a presentation per the staff memorandum.
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Todd Oppenheimer, Town of Vail Public Works, stated that the project is on a tight time frame
and will be requesting a tabling of this item to May 21, 2012, to correspond with a retaining wall
variance request.
Tom Braun, representing the applicant, gave a presentation on the proposed changes that will
be presented at the next hearing.
Kurt Friesen, of AECOM, spoke to elements regarding the parking, transit, and Betty Ford Way
pedestrian/vehicular path.
Commissioner Kurz asked about the site plan showing a dumpster where the emergency helipad
is thought to be relocated.
Todd Oppenheimer stated that there is an upcoming meeting on Wednesday between the Town
and CDOT; however, initial indications are that CDOT will not approve the relocation of the
helipad to their highway right-of-way at Ford Park. So, the plans are being presented without a
helipad.
Kurt Friesen continued his presentation discussing the design goals for the athletic fields,
highlighting the need of the taller retaining walls along East Betty Ford Way, and discussing
plans to restore portions of the Gore Creek stream tract.
Pedro Campos, Zehren and Associates, spoke about the athletic field design, storage building,
and concessions building adjacent to the athletic fields. He also discussed the proposed
amphitheater restroom, lawn seating, and social plaza.
Tom Braun wrapped up the presentation highlighting the criteria for the review of the conditional
use permit and the rational for the retaining wall height variances that will be requested at the
Commission’s next hearing.
Commissioner Hopkins thought the plans had progressed well. She suggested that the hand rail
along the realigned Betty Ford Way should incorporate public art. She spoke to the queuing of
guests for the symphony concerts at the east amphitheater gate and the back up of guests trying
to get bags searched.
Pedro Campus spoke to how the entrances and new social court yard will address her concerns
and the Vail Valley Foundation’s plans to make the east gate for exit only.
Commissioner Hopkins spoke to the amphitheater columns in the roofed portion of the
amphitheater and how the columns blocking views impact on where people sit on the lawn. She
does not believe the lawn seating should be changed, but supports the less formal lawn terracing
concept more than previous designs.
Commissioner Cartin believed the berm around the sports fields will help to provide some shade.
He also inquired about the shuttle shelters shown on the plans.
Todd Oppenheimer clarified that the shuttle shelters are a future phase and will not be a part of
the current proposal.
Commissioner Cartin asked if there are conflicts with bikes or specific design standards that
apply to the proposed frontage road parking.
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Greg Hall, Public Works Director, clarified that CDOT has design standard prescribed in the
Town’s lease agreement for the right-of-way.
Commissioner Pratt brought up the helipad relocation and its impacts to the development plan.
He stated a concern with the straightening and consistent width of Betty Ford Way. He
encouraged the group to into using “living” retaining walls on the south side of Betty Ford Way.
He likes the tiered wall design at the west side of the athletic fields, but is concerned about a
possible concert stage on the west end of the field adjacent to residential uses. He does not
support the storage building at the entrance to the park. He noted concern about maintaining a
vegetated roof and recommended the building be buried instead. He recommended the
acoustics of the amphitheater be examined with the proposed re-grading the amphitheater lawn
seating.
Commissioner Pierce again stated the need to consolidate the number of buildings being
proposed and his concern that the buildings do not all have a consistent architecture that
contributes to the aesthetics of the park. He noted concerns that the social plaza had a rigid and
formal design that does not fit the context of the amphitheater. He is concerned that East Betty
Ford Way is creating conflicts between delivery truck and pedestrians and should have pockets
for pedestrian refuge.
Todd Oppenheimer reiterated the current conflicts between delivery trucks and the playground,
open field area, gardens, etc.
Commissioner Pierce spoke to the retaining walls proposed within the lawn seating area and
concerns regarding steepness, circulation, and available views.
Pedro Campos identified the conflicting goals and public comments concerning the lawn seating.
He clarified that in the field design will be necessary for a positive outcome.
Commissioner Bird asked for greater detail on the proposed location of a stage on the west end
of the athletic fields.
Todd Oppenheimer stated that the intent was to provide a location for a summer concert venue
for a large event. He noted that the slab was needed for the entrance to the storage building
regardless of a potential stage location, so there will be no visual changes if a stage is not
considered.
Commissioner Bird asked about access to the concessions building from the tennis courts and
seating areas for watching tennis tournaments.
Todd Oppenheimer identified the existing sidewalks and seating areas to remain.
Commissioner Bird asked if the donated presidential pavers would be reused.
Pedro Campos indicated that those pavers would be reused.
Commissioner Rediker recommended maintaining the existing concrete retaining walls at the
base of the lawn seating. He is concerned that less formal wall will not adequately control the
flow of people during informal concerts like hot summer nights. He asked about buffering
between the parking area and the steep slope down to the creek and storm water run-off.
Tom Braun explained the proposed storm water run off filtration plans.
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Commissioner Kurz expressed his concerns about the viability of the proposed vegetative
building roofs. He is also concerned about how the Vail Valley Foundation and Bravo utilize the
parking for donors and their plans for making the east amphitheater gate for exit only. He
believes some of the parking at Ford Park should be reclaimed by the public and the majority of
the spaces not be reserved exclusively for donors.
There was no public comment.
15 minutes
7. A request for a recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for a rezoning of
the Vail Golf Course Clubhouse from the Outdoor Recreation District to the General Use District,
located at 1778 Sunburst Drive/Part of an unplatted parcel (a complete metes and bounds
description is available at the Community Development Department Office), and setting forth
details in regard thereto. (PEC120019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Recommendation of approval
MOTION: Kurz SECOND: Bird VOTE: 4-3-0 (Pratt, Cartin, Rediker opposed)
Items 7 and 8 were reviewed concurrently.
Bill Gibson gave a presentation per the staff memorandum. He presented the materials and
items for both the plat and zone district boundary amendment. He also recommended that
members of the public attend the upcoming Vail Recreation District public hearings to express
any concern they may have about the clubhouse remodel project.
Tom Braun, representing the applicant, stated the purpose and goals of the proposal.
Curtis Olson, adjacent property owner, spoke to his concern about the rezoning and the potential
negative impacts of the proposed future development plan. He believes it would be appropriate
to request a development plan in conjunction with the request for a rezoning. He is concerned
about his property values if the club house remodel includes relocating the 18th green and the
construction of a parking lot or event venue behind his lot.
Deborah Webster, adjacent property owner, spoke to her concerns regarding the expansion of
the parking area to be located to the rear of the residential homes. If there were to be a parking
lot, an adequate vegetative buffer is necessary. She is concerned about the impact to her home
values. She would like clarity regarding the extension of the driving range nets and the use of
special events tents.
Commissioner Kurz noted that any tents would require a special event permit.
Greg Hall spoke to the driving range net issue and special event tents and lawn area.
Deborah Webster added that a special event at the club house would be more impactful than
those at Donovan Pavilion.
Jim Lamont, representing the Vail Homeowners Association, stated that there should be a
development plan included in conjunction with the plat and rezoning request. He does not
believe it is appropriate to change the Town’s long standing practice of master planning the site
prior to rezoning.
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Commissioner Kurz spoke to his concern about rezoning without a development plan. He noted
the that he Commission does not weigh property values in its decision making. He identified the
economic development goals associated with the golf course remodel project approved by the
voters.
Commissioner Rediker asked if the 18th green was going to be relocated and if anyone present
could speak to this point.
Greg Hall stated that the 18th green is scheduled to be relocated in August. No development
plan has been prepared to be submitted, but the Commission will be hearing an application for
an events lawn and expanded parking in the near future.
Bill Gibson clarified that the proposed change in zoning from Outdoor Recreation District to
General Use District does not result in any greater or lesser ability for the golf course to alter the
club house or the course. Not rezoning will not prevent changes to the clubhouse or 18th green.
Commissioner Bird stated the General Use District is the appropriate zoning for the clubhouse.
Commissioner Pratt initially those the rezoning was a “no brainer”, but is concerned about the
impacts to the neighbors.
Tom Braun explained the pros and cons of rezoning or not rezoning.
Commissioner Cartin suggested a tabling of the application to allow the VRD and the
neighboring property owners to meet.
Greg hall explained that the Town of Vail is technically the applicant.
Commissioner Hopkins asked for clarification of the review process for a clubhouse remodel
under both zoning scenarios.
Bill Gibson and Tom Braun explained.
Commissioner Cartin asked the homeowners understood the additional review and opportunities
for comment under the General Use zoning scenario.
Curtis Olson spoke to his challenges to be involved in living part time in Denver and the short
timelines for coordinating the neighborhood.
Commissioner Pierce stated that the General Use District allows for the greatest public process
and greater opportunities for protection of the neighbors’ interests. He noted that creating a
single development site for the club house and parking lot with one zoning designation was a
logical goal.
Commissioner Pratt inquired if anything different would be proposed if the item were tabled for
two weeks?
Greg Hall answered there would be no changes to the zoning or plat requests. He explained
that the clubhouse remodel plans are only conceptual at this time and do not yet include revision
based upon input from the neighbors.
15 minutes
8. A request for the review of a final plat, pursuant to Chapter 13-4, Minor Subdivision, Vail Town
Code, to allow for the Vail Golf Course parking lot and the Vail Golf Course clubhouse to be
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combined into a single lot, located at 1778 Sunburst Drive/Lot 3, Sunburst Filing 3, and part of an
unplatted parcel (a complete metes and bounds description is available at the Community
Development Department Office), and setting forth details in regard thereto. (PEC120023)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Approved with a condition
MOTION: Kurz SECOND: Bird VOTE: 6-1-0 (Rediker opposed)
CONDITIONS:
1. Approval of this final plat is continent upon the rezoning of the subject property from
the Outdoor Recreation District to the General Use District.
9. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7,
Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning
Regulations, and Title 14, Development Standards, Vail Town Code, to require restoration of
watercourses and riparian areas, and setting forth details in regard thereto. (PEC120011)
Applicant: Town of Vail
Planner: Rachel Dimond
ACTION: Tabled to May 21, 2012
MOTION: Kurz SECOND: Cartin VOTE: 7-0-0
10. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town
Code, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for amendments to the
employee housing unit deed restriction exchange program review process, and setting forth
details in regard thereto. (PEC120017)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to June 11, 2012
MOTION: Cartin SECOND: Pratt VOTE: 7-0-0
11. A request for a recommendation to the Vail Town Council on prescribed regulation amendments
to Section 12-8B-3, Conditional Uses, Vail Town Code, pursuant to Section 12-3-7, Amendment,
Vail Town Code, to allow a golf course as a conditional use in the Outdoor Recreation District,
and setting forth details in regard thereto. (PEC120021)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Withdrawn
12. Approval of April 23, 2012 minutes
MOTION: Kurz SECOND: Pratt VOTE: 7-0-0
13. Information Update
14. Adjournment
MOTION: Cartin SECOND: Rediker VOTE: 7-0-0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road West.
The public is invited to attend the site visits that precede the public hearing in the Town of Vail Community
Development Department. Please call (970) 479-2138 for additional information.
Sign language interpretation is available upon request with 24-hour notification. Please call (970)
479-2356, Telephone for the Hearing Impaired, for information.
10 - 4 - 13
6/5/2012
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Community Development Department
Published May 11, 2012, in the Vail Daily.
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6/5/2012
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: June 5, 2012
ITEM/TOPIC: Adjournment (9:30 p.m.)
6/5/2012