HomeMy WebLinkAbout2014-04-01 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., APRIL 1, 2014
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.)
2.
ITEM/TOPIC:
Consent Agenda:
1) Approval of March 4 and March 18 Meeting Minutes;
2) Resolution No. 11, Series of 2014 - Approving VLMD 1st Budget
Supplemental;
3) Pre-Construction Management Contract Award - Greg Hall
(5 min. )
3. ITEM/TOPIC: Town Manager's Report (5 min. )
4.
ITEM/TOPIC: I-70 Vail Underpass Traffic Update (90 min)
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Council to provide input, solicit public
feedback regarding the traffic projections, traffic analysis and the intersection
configuration selection; and provides staff with direction on what additional
information the Council would like to have prior to endorsing an intersection
configuration.
BACKGROUND: The I-70 Vail Underpass is a proposed new multimodal
pedestrian and vehicular connection that is midway between Main Vail and
West Vail exits, passing under I-70. This underpass has been identified in the
Vail Transportation Master Plan and the CDOT I-70 Programmatic
Environmental Impact Statement (PEIS) as a critical link between the North
and South Frontage Road. The Town and CDOT have recently entered into
a Letter of Commitment and an Inter-Governmental Agreement (IGA) to
jointly fund the design and construction of this project with an expected
completion date of December of 2017. CDOT, the Town of Vail, and the
selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun the
design process based on the recently endorsed preferred location of the
underpass and will provide an update of the traffic analysis to Town Council.
STAFF RECOMMENDATION: Staff recommends that Council provide input,
solicit public feedback regarding the traffic projections, traffic analysis and
the intersection configuration selection; and provides staff with direction on
what additional information the Council would like to have prior to endorsing
an intersection configuration.
4/1/2014
5.
ITEM/TOPIC: First reading of Ordinance No. 10, Series 2014, an Ordinance
making budget adjustments to the Town of Vail General Fund, Capital
Projects Fund, Real Estate Transfer Tax Fund, Conference Center Fund,
Dispatch Services Fund, Heavy Equipment Fund, Debt Service Fund and
Timber Ridge Enterprise Fund of the 2014 budget for the Town of Vail (30
min.)
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with
amendments Ordinance No. 10, Series 2014
BACKGROUND: Please see attached memorandum
STAFF RECOMMENDATION: Approve or approve with amendments
Ordinance No. 10, Series 2014
6.
ITEM/TOPIC: Review of the proposed Timber Ridge Development
Agreement (10 min)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications,
or deny the proposed Timber Ridge Development Agreement
BACKGROUND: The Town of Vail ("Town") and Gorman & Company, Inc.
("Developer") are in the final stages of implementing a redevelopment plan
for the easternmost 5.24 acres of property at the Timber Ridge Village
Apartrments. To date, the Town and Developer have agreed upon both a
Ground Lease and Deed Restriction intended to facilitate the redevelopment
project. The approval of the Timber Ridge Development Agreement is one of
only a few remaining issues to address by the Town and Developer.
STAFF RECOMMENDATION: Town staff recommends the Vail Town
Council approves the Development Agreement as presented. Staff finds the
proposed Agreement addresses all of the necessary issues required to
facilitate the redevelopment project as approved and agreed upon by the two
parties.
7.
ITEM/TOPIC: A resolution authorizing the Town Manager to enter into a
professional services agreement with Reconstruction Experts, Inc. for the
renovation of units at the Timber Ridge Village Apartments. (10 Min.)
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications
or Deny
BACKGROUND: The Timber Ridge Affordable Housing Corporation, acting
on behalf of the Town of Vail, has identiifed the need to complete interior
renovations to at least nine dwelling units at the Timber Ridge Village
Apartments. The scope of the renovation work is outlined in Exhibit A of the
Construction Contract. The estimated total cost of the work is approximately
$188,000. The renovation work is expected to start in early April and to be
fully completed by April 30, 2104. The Corporation has determined that this
is the correct time to complete renovation work as a large number of units will
become vacate during the month of April as redevelopment of the east side
is set to begin in May. 4/1/2014
STAFF RECOMMENDATION: The Town staff and TRAHC recommends the
Vail Town Council approves Resolution no. 12, Series of 2014 as presented.
8.
ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2014, an
ordinance for prescribed regulation amendments, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to amend Section 12-2-2: Definitions of Words
and Terms pertaining to Commercial Ski Storage and the delineation of
different floors or levels within a structure, and to amend Sections 12-7B, 12-
7H, 12-7I and 12-8E replacing the term “Commercial Ski Storage” with
“Commercial Ski Storage/Ski Club, and setting forth details in regard thereto.
(15 min. )
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 8, Series of 2014,
upon second reading.
BACKGROUND: At the Town Council Public Hearing on February 18, 2014
staff provided an update on this item with information from the February 10th
Planning and Environmental Commission meeting. After careful deliberation
and after taking public comment, the Town Council determined that the
existing regulatory mechanism, discounting the determination of similar use
that occurred in 2006 related to the 3rd floor of the Vista Bahn Building, is
sound and appropriate pertaining to allowable locations for ski storage/ski
club type uses. The Council directed staff to perform the necessary analysis
and code work to make certain, with no ambiguity or room for
misunderstanding, that ski storage/ski club uses, in all their variations, are
appropriately located only in the basement or garden level of a structure in
the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead
Mixed Use 2 (LMU-2) and Ski Base/Recreation 2 (SBR-2).
At the March 18, 2014 Public Hearing, the Town Council unanimously
approved Ordinance No. 8. Series of 2014, Commercial Ski Storage, on first
reading.
STAFF RECOMMENDATION: The Planning and Environmental
Commission at their February 24, 2014 meeting unanimously recommended
approval of the proposed code amendments.
9. ITEM/TOPIC: Second reading of Ordinance No. 9, Series of 2014, an
ordinance rezoning certain properties from the High Density Multiple-Family
District to the Vail Village Townhouse District, located at 303 Gore Creek
Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive (Texas
Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore
Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and
setting forth details in regard thereto. (PEC140002 ) (5 min.)
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve,
approve with modifications, or deny Ordinance No. 9, Series of 2014, upon
second reading.
BACKGROUND: On August 21, 2012 the Vail Town Council adopted
Ordinance No. 2 Series of 2012 establishing the Vail Village Townhouse
Zone District. The Vail Village Townhouse (VVT) District was adopted 4/1/2014
following numerous public hearings before the Planning and Environmental
Commission and the Town Council first, as a private property owner initiated
application and later, as a Community Development staff led effort. On
December 17, 2013 the Vail Town Council instructed staff to submit a
rezoning application for the properties known as The Vail Rowhouses (7-13)
and the Texas Townhomes, omitting from the application the Vail
Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On February 10,
2014, the Planning and Environmental Commission unanimously forwarded 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 from the High Density Multiple-Family District to
the Vail Village Townhouse District.
At the March 18, 2014 Public Hearing, the Town Council unanimously
approved Ordinance No. 9. Series of 2014, Vail Village Townhouse District
Rezoning, on first reading. (7-0)
STAFF RECOMMENDATION: The Planning and Environmental
Commission recommends the Vail Town Council approve on first
reading Ordinance No. 9, Series of 2014, an ordinance rezoning certain
properties from the High Density Multiple-Family District to the Vail Village
Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13)
and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision
of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 –
9 Vail Village Filing 4, and setting forth details in regard thereto.”
10. ITEM/TOPIC: Adjournment (8:50 p.m.)
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Citizen Participation
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC:
Consent Agenda:
1) Approval of March 4 and March 18 Meeting Minutes;
2) Resolution No. 11, Series of 2014 - Approving VLMD 1st Budget Supplemental;
3) Pre-Construction Management Contract Award - Greg Hall
ATTACHMENTS:
March 4 meeting minutes
March 18 meeting minutes
Resolution No. 11, Series of 2014
Pre-Construction Management Contract Award Memorandum
4/1/2014
Town Council Meeting Minutes of March 4, 2014 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 4, 2014
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
Ludwig Kurz
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
_________________________________________________________________
The first item on the agenda was Citizen Participation. Rick Sackbauer, a resident of
Highland Meadows, announced he was running for another term on the Eagle River
Water and Sanitation District board. He can be reached at Sackbauer@aol.com. He
noted primary issues before the board were a major wastewater bond issue, as well as
de-Brucing.
The second item on the agenda was the Consent Agenda.
1) Approval of the February 4 and 18 meeting minutes. Kurz moved to approve
the February 4 minutes, with a second from Bugby. The motion passed
unanimously, 5.0.2 (Moffet and Daly abstaining since they’d been absent).
Moffet moved to approve the February 18 minutes, with a second from Kurz.
The motion passed unanimously, 7.0.
2) Proclamation No. 1, Series of 2014, Official Proclamation for One Book One
Valley. Moffet read the proclamation in full. Town Librarian Lori
Barnes noted Walking Mountains was now a part of the county-wide program
and the Vail Town Council was the first to approve this proclamation. Moffet
moved to approve the proclamation, with a second from Kurz. A vote was
taken and the motion passed unanimously, 7.0.
3) Resolution No. 5, Series of 2014, Bighorn Area GSA Amendment. This
action is recommended based on research and findings from Dr. Mears
regarding a former geologically sensitive area. Moffet moved to approve the
resolution, with a second from Kurz. A vote was taken and the motion passed
unanimously, 7.0.
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Town Council Meeting Minutes of March 4, 2014 Page 2
4) License Agreement for easement encroachment at 2801 Snowberry Drive.
Moffet moved to approve this agreement, with a second from Kurz. The vote
passed unanimously, 7.0.
The third item on the agenda was the Town Manager’s Report. Town Manager Stan
Zemler reminded Council and the audience the annual Community Meeting would be
held at the Donovan Pavilion next Tuesday, March 11. Doors will open at 5:00 p.m.,
with a brief presentation at 5:30. He noted displays and representatives would be
available around the room featuring the Town of Vail economy; Vail I-70 Underpass
planning; Timber Ridge redevelopment; Residential W ildfire Assessment; Community-
wide Recycling; Gore creek Water Quality Improvement Plan; Golf and Nordic Center
Clubhouse Remodel; 2015 FIS Alpine World Championships; and Vail Mountain.
Zemler also noted a series of EC Alerts had come across notifying people that there’d
been a tractor trailer accident at the Eagle I-70 roundabout and the road was closed
until further notice.
The fourth item on the agenda was an update on 2015 World Championships. Ceil Folz
and Mike Imhof were on hand to present their update. They started with a short lead up
film with the acknowledgement from Folz that when announcing Vail/Beavercreek’s role,
she had nervously and inadvertently left out Vail in the announcement. Solaris Plaza,
now officially named “Championships Plaza,” will be the cornerstone. In talking about
the qualifying men’s races to be held in Vail, Folz noted the top 40 ski racers will get
“passes,” while the remaining 40-50 nations will then qualify for placement in Vail. The
Nations Race, a head-to-head double slalom, will also take place at Golden Peak. She
noted volunteers are also being recruited internationally and the Foundation is looking
for host homes during the Championships.
The test events were a success, including: the new Raptor Course in Beaver Creek for
the women; 26 cameras are installed, with up to 43 total by event day; the
transportation system ran almost seamlessly; and the volunteers both on course and off
were fantastic. Imhof said the connectivity between the general organization committee
has been smoothed out; 90% of the revenue is in the door for this $58M budget; and
Wolfgang Puck will be the official chef who will oversee a Chef Series. NBC is the
domestic partner, featuring 20-26 hours of TV exposure as compared to 8 hours in ’99.
Over 800M people will watch this two week long event.
The one year countdown kicked off in Championships Plaza with Pete and Earl as the
official mascots. Carrie Fell will be the official artist and the biggest stars on American
soil are the Americans: Schriffren, Vonn, Liggety, Miller and Mancuso, to name a few
top performers. The elements set in Vail include: Opening Ceremonies on February 2
at Golden Peak; 10 awards presentations, all except for the final; public concerts every
night; the Nations Hospitality Houses, including Casa Italia, Austria Haus, Swiss House,
French and German Houses. When asked whether the Americans have a house, Folz
said they’re talking about it, and if they decide to have one, it will absolutely be in Vail.
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Town Council Meeting Minutes of March 4, 2014 Page 3
Additionally, a screen stadium will be set up in Championships Plaza with daily live race
feed from the events; Festival functions are being planned; the Nations Team event is
confirmed for Tuesday, February 10 at 2:15 p.m.; the men’s GS will be Thursday,
February 12 and the Giant Slalom will be Saturday, February 14. The Closing
Community Celebration will happen on Sunday, February 15, at 7:00 p.m. This time, the
Foundation will also be recruiting celebrities to join in on the festivities.
In regard to media inclusion, Vail and Beaver Creek will be the primary beneficiaries.
The official logo will be used on all media, social, print and electronic, along with a Vail
dedicated television bumper each day of the event broadcast. World feed live and
delayed broadcast from Vail each day of the events in Vail will be played; Vail vignettes
will be shot; and the opening segment daily will include a 3D flyover video of Vail.
Marketing impact expectations are enormous.
At the conclusion, Folz announced Mikaela Shriffren was expected to be back in Vail
March 28-29, at which time a celebration is being planned. Mayor Daly thanked the
Foundation for its tremendous organization and effort, along with their incredible
ingenuity.
The fifth item on the agenda was the I-70 Vail Underpass Project Update. Town
Engineer Tom Kassmel stated at Council’s last meeting, three solutions rose to the top:
4b, 5c and 5d. Of those, 5c was the preferred location, which showed the least design
flaws. He said the next step is to move forward with preliminary design, which could
then be moved 10-20’ either direction. Traffic count and flow will be a major element in
determining whether the final solution is a roundabout or T-intersection. This will be
completed through a conceptual traffic assessment within the next two weeks, at which
time there will be another presentation entirely about traffic. The vertical wall will
require an environmental assessment and some 3D modeling. Then right-of-way
acquisition will begin, which is expected to take up to a year.
Mayor Daly noted this was the third full blown and comprehensive session open to the
public. This process will have a thorough public vetting which will focus on mitigation.
The next portion on environmental compliance was conducted by Mike Vanderhoof, the
CDOT Region 3 Planning and Environmental Manager. Vanderhoof outlined what the
planning process had been leading up to the funding becoming available and then went
into the further requirements per the National Environmental Policy Act (NEPA). As the
partners, FHWA, CDOT and the town, continue to invest, decisions are made as to final
design, right-of-way (ROW) and construction, following which a clearance will be issued.
Other Federal laws and state requirements may be needed, taking an interdisciplinary
view. NEPA is triggered by a federal action, typically funding, permit or approval. Then,
Federal actions may follow, and in the case of a 404 permit for placement of fill into the
waters of the US, of which there’s a pretty good chance. In NEPA decision making,
FHWA is the lead federal agency, while CDOT will be doing the legwork. He defined
the classes of Federal Action that could be taken, including an Environmental Impact
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Town Council Meeting Minutes of March 4, 2014 Page 4
Statement (EIS); Categorical Exclusion (CE); and Environmental Assessment (EA), the
latter of which was the strongest possibility.
Vanderhoof said the scope of this project is relatively minor, with a grade separation
and roundabouts. There are no known issues with archaeology, historic resources,
paleontology or state sensitive plant and animal species. There are frontage road grade
changes and there will be ROW acquisition. There are no residential/commercial
displacements and there will be minimal natural resource impacts (potential impacts to
wetlands and waters of the US). Traffic may be affected with the new circulation
patterns but will have limited induced growth. A tech report will be prepared. Noise
effects will be measured by noise modeling and a potential abatement analysis, with a
tech report to be prepared.
As proposed now, the project is being forwarded as a Categorical Exclusion (CE), which
doesn’t necessarily mean no impact or no analysis. As already seen, a robust public
involvement process is outlined. The NEPA documentation requirements are minimal,
with technical memos, reports, and studies, as necessary. Vanderhoof noted there is a
lot of respect for Kassmel and the way he has interfaced both with the Community and
CDOT. Other environmental requirements were also noted, as well as aesthetics.
Daly asked for Council input. On an off-topic, Bugby asked about re-naming the
frontage roads. Vanderhoof responded that actually is a pretty complicated process
since the road names are coded in maps all around the country. He suggested referring
the question to Martha Miller. Charlie Calcaterra, Simba Run, asked whether corings
had been done yet and whether blasting bedrock might occur. Vanderhoof said a next
step is a geotechnical analysis, which prompted Kassmel to say this would be done
after the snow melts. He indicated they could find shallow bed rock, which could
potentially be the fatal flaw in the plan. Calcaterra also questioned the 3 lanes in the
underpass and was told 2 lanes would help alleviate congestion as cars pass from the
South Frontage Road to the North. From the physical aspect, the footprint is the same.
Vanderhoof expects these next steps to take the better part of the summer, at which
time an application to proceed will be filed. Kassmel said that will not happen until the
project is fully vetted.
Bob Llewellyn, Savoy Villas, stated he remained somewhat cynical based on the
assumptions made. He has questions about air quality, since there has not been a
discussion with the transportation department on the number of buses and whether
those trips will increase substantially. This could be a possible impact.
Cabal Yarne, as a voice for the Vail Chamber and Business Association (VCBA),
championed pushing more traffic to the transportation center. Vanderhoof said
performance functions and environmental concerns would be evaluated. Affordable
housing and low income populations must also be honored and served.
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Town Council Meeting Minutes of March 4, 2014 Page 5
Kathy Freeman, representing the CDOT Right of Way Process, presented a general
overview of guidance in phases of acquiring ROW from the beginning of the process
through project certification. The purpose of the Uniform Relocation Act (URA) is to
provide fair, equitable and consistent treatment of individuals, families, businesses,
farms and non-profit organizations; encourage acquisition by agreement; and to be
efficient in acquiring real estate and relocation of displacees. This process is governed
by Federal and State laws. She detailed the NEPA requirements and stated NEPA
clearance is required prior to approval of ROW plans; issuance of Fair Market Value;
and beginning acquisition/negotiations of a relocation. ROW plans must present
physical survey information; illustrate boundary of affected ownerships and property to
be acquired; and must define new ROW lines. In regard to title, the property purchased
by CDOT or local public agencies must be free and clear of all encumbrances and the
title commitments or Memorandum of Ownership are used to identify ownership and
encumbrances. Surveyors are usually the first representatives to have contact with
affected property owners. The impressions they leave reflect on the ROW activities that
follow. The survey must define existing conditions; determine boundaries for affected
ownerships; and establish monumentation to assist the construction survey. Two
surveys are required on properties being impacted by a project: a preliminary survey
and a construction survey. The ROW team includes appraisers, review appraisers,
negotiators and relocation agents who interact with the property owner.
The URA requires that before an offer can be made to purchase a property, the agency
must determine fair market value and establish just compensation. Appraisals are
required for acquisitions with estimated value of $25K or more. Waiver valuations/value
findings can be prepared for acquisitions up to $25K with the approval of the CDOT
Region ROW Manager. The appraiser must be licensed by the State Board of Real
Estate as a general appraiser and on CDOT’s pre-qualified list. The agent negotiators
are key to the agency’s reputation with the property owners because they represent the
face and image of CDOT. No coercion can be used; a 90 day written notice to vacate
will be issued; and payment will be made prior to possession. Negotiations options
include an agreement at approved fair market value; administrative settlements;
condemnation; and legal settlement.
Alternative means of property acquisition are: donation; donation in exchange for
construction features; dedication; and function replacement. One of the most important
functions of negotiators and relocations agents is to keep an accurate and up to date
account of contacts with owners and /or displacees.
Under Public Comment, Bob Llewellyn thanked Council for taking time to make a site
visit. He asked that the traffic survey concentrate on alternatives rather than the
maximum volume. Air quality and noise are very impactful. Bill Pierce, Simba Run,
said he respected the efforts of all the engineers involved. He was concerned with the
lack of priority on privately owned property, although there’s no one in the community
that’s been more committed to fostering employee housing. Property lines at Timber
Ridge could be moved to accommodate the roundabout. The biggest impact of the
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Town Council Meeting Minutes of March 4, 2014 Page 6
project is moving the traffic to the North Frontage Road. This would remove established
landscaping and will have a major visual impact. Although verbal commitments have
been made to restore the landscaping, this constitutes a major loss of property value. It
also directly impacts the Simba Run access. He asked Council to defer their decision
because this can be done on public property. He added there would be little remaining
objection if Council were to approve a T-intersection on the North Frontage Road.
Greg Arce said the Timber Ridge intersection was more suitable due to its use already
as an I-70 crossing point. That’s the only solid data available. He does not believe any
of the proposed plans are considerate of pedestrians. Council should also consider the
long term consequences should a third lane on I-70 be proposed. He did note the
underpass would provide a great alternative for the W. Vail Fire Station and to move
some business off the South Frontage Road and more directly to West Vail. On an off
topic, he also said during the 2015’s it would be helpful to have another temporary WiFi
bandwidth added.
Charlie Calcaterra, Simba Run, also thanked Council for visiting the site. He said
everybody agrees Timber Ridge is a god location; 50 feet away from residential
properties is just too close plus Council is affecting property already in existence.
Simba Run and Savoy Villas are continuing to work closely together. He asked Council
to remember as they strive to do what’s best for Vail, that Simba Run and Savoy Villas
are a part of Vail.
Jim Lamont, Vail Homeowner’s Association, said this has required a learning curve and
there are still major decisions to make involving sound walls, landscaping mitigation,
design work and engineering research. The I-70 noise at this location is abominable.
This is a perfect time for the town to plead this neighborhood’s case with the governor
for a demonstration project which will provide so much relief over the long haul. CDOT
is violating sound standards now. This project could easily double the life of the east
and west roundabouts. The town should consider spending more money on this
project.
Calcaterra said the last thing Simba Run wants is a concrete wall. They chose noise
when they purchased.
Rogers confirmed the 4B solution has a greater impact on Gore Creek due to the height
of the retaining walls. Bugby said the traffic update should also include growth
projections since this valley is pretty landlocked. The numbers must be realistic.
Kassmel said they have previously relied heavily on the Vail Traffic Master Plan.
Rogers noted the future big redevelopment is on the South Frontage Road so the north
side may not require a roundabout. Kassmel said currently 35% of the roundabout
traffic is just trying to get to either side of the interstate. Kurz had concerns about trying
to correct just a traffic count problem. Moffet moved, with a second from Kurz, to
approve Option 5C, and the motion carried unanimously, 7.0.
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Town Council Meeting Minutes of March 4, 2014 Page 7
The sixth item on the agenda was Resolution No. 2, Series of 2014, A Resolution
Approving an Amended Intergovernmental Agreement (IGA) Between the Town of Vail
and the Colorado Department of Transportation (CDOT) Regarding the Design of the I-
70 Underpass. Kassmel explained this resolution would effectively amend the current
IGA with the selected design consultant, Felsburg, Holt & Ullevig (FHU). After a
thorough review of the additional FHU scope and fee by town staff and CDOT, the
appropriate additional scope and fee for preliminary and final design by FHU is $1.445M
(7-8% of anticipated construction costs). As policy, the town carries the entire cost and
is reimbursed by CDOT. Moffet moved, with a second from Kurz, to approve the
resolution. A vote was taken and unanimously approved, 7.0.
The seventh item on the agenda was the I-70 Vail Underpass Design Contract
Amendment. Moffet moved, with a second from Kurz, to approve the contract
amendment. A vote was taken and the motion passed unanimously 7.0.
The eighth item on the agenda was the second reading of Ordinance No. 6, Series of
2014, Recycling. Mayor Daly read the title in full. Vail’s Environmental Sustainability
Officer Kristen Bertuglia lined out changes made by Council at first reading. Under the
Environmental Sustainability Strategic Plan Waste Diversion goal, recommended
modifications to the ordinance language accommodating community hardship, added a
30 day hardship clause and a possible 3 month extension, as determined by the Town
Manager. Also under Hardship, a “whereas” clause stating the town will provide
technical assistance in recycling planning was added. Under definitions, Non-
Attractant is now “Any substance which does not attract wildlife. Substances that are
considered to attract wildlife include food products, pet food, feed, compost, grain or salt
or materials which formerly contained such items. Office Paper and cardboard that did
not previously contain food or other attractants are considered non-attractants. Rates
for haulers has been changed to “rate ranges.”
Rogers said it was unfair to force someone to do something s/he can’t possibly do. She
believes 3 months to bring someone into compliance is reasonable but would like to add
an additional step of requiring the entity to meet with Bertuglia to work something out.
Then, if it doesn’t work to make a recommendation to the Town Manager. If they
absolutely cannot make it work, they would qualify for an additional exemption or
conditional waiver until such time as technology or something makes it possible. Daly
asked if 3 others agreed. Bruno and Moffet said they agreed, while Chapin said this
solution could work but the town must collaborate. It must work in very restrictive areas,
such as CCI and II. He suggested tabling the item. Daly said this is why it needs to be
discussed tonight so staff can come back with the recommended changes. Zemler
noted this must be something we can hang our hats on, with the burden on the entity
and not on the town. Rogers asked if there could be a pick up service provided by the
town. We need out of the box solutions. Chapin was in favor of not allowing regular
containers out until after 6:00 a.m. Moffet asked if we’re rescinding the bear proof
containers, why are we bear-proofing at all. Are we doing things just to make ourselves
feel better. The cost to haulers to drive to Boulder is not covered under their current
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Town Council Meeting Minutes of March 4, 2014 Page 8
fees, so ultimately, single stream will go to the landfill. This is a case of good
intentions and failed execution. Council needs to be more thoughtful so we don’t end
up with solutions that are not executable.
Chapin continued that the bear issue is a people problem. People want recycling. 5
hands were raised in support of the 6:00 a.m. condition. Rogers agrees with the County
not to push either dual or single stream recycling. Let the market decide. It’s not the
town’s job to figure out economics. She is unwilling to wait another 4 years for an
economic study on recycling.
Bugby proposed everyone insert their changes and with these changes create an entire
new document. He is interested in color coded bins. This is one way we could define
the compliance percentage. It’s important to define who would receive the fine. Zemler
said the Council was now jumping past an accepted process and practice. Rogers
noted this had already had a first reading and the procedure is to get three others to
agree with your point. Daly asked if there were 4 people in support of different color
containers and there were not. Bertuglia urged Council not to get in the middle of the
customer and the hauler. Daly said decals could be distinguishable. Rogers asked
about converting the container lid. She added the labels would need to be bi-lingual.
Bugby asked that the property manager not be designated as the trash hauler. Four
hands were in agreement. He asked that the entity who contracted for the service be
responsible for payment of any fine(s). He was looking for reasonableness. Rogers
said reasonable must have a distinct rigid standard. Daly said to keep in mind the spirit
of recycling. Violators will go down, while most will embrace the spirit of the law.
Bugby said making allowances for self-haul was critical and is not an opt out. It should
be provided by the town, to which Moffet responded it was really important the town
does not haul. Then the town would be paying to have it hauled for those who opt out
of their own trash service. Daly reiterated the Council is gathering ideas and making
suggestions. Bruno said we must keep the first homeowners in mind. Daly said this
amendment dies due to general consensus. Bruno had a concern with variable rates
and that the incentive was we want to be a better community. Bertuglia said it was
important to give consumers a choice. Bertuglia said the published rates for different
volumes could give some indication of range. Single family homes are different. This is
a very competitive market.
Mayor Daly opened public comment. Gwen Scalpello, Nine Vail Road, said there is a
huge difference between refusal and failure to comply. Property managers will be
garbage monitors if this is passed. Failure to comply has punitive elements. Marshall
Turley, resident, said we can make it succeed through education. Recycling notices
should go in rental kitchens. Greg Arce, property manager, never has seen weekend
dumpers. However, he believes the Council should make an allowance for lawn
clippings which are 100% compostable. Michael Staughton, Los Amigos and
Russells’s, is very encouraged by the inclusion of the hardship clause. In their case, it
is not possible to expand their trash compactor. Luke Cartin, with VRI environmental
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Town Council Meeting Minutes of March 4, 2014 Page 9
programs, said if the Front Door and the Burton US Open are increasing their diversion
rate, we can, too. Also, he is considered a hauler since he brings 50% recyclables off
the mountain. Megan McDonald, homeowner, said the burden is already on the
haulers, who are committed. She encouraged Council to make it work and pass what is
before you.
Mayor Daly offered recaps to include the hardship clause; regular containers out after
6:00 a.m.; containers are to be distinguishable; the person who signs the contract is
ultimately responsible for the fine payment; and property managers are not considered
haulers. Rogers asked in the case of hardship the applicant meet first with Bertuglia.
Matt Mire, Town Attorney, said Zemler can require this by process. Daly clarified
owner/occupant should actually be occupant. Moffet moved to table to 3.18.14, which
was seconded by Rogers. The motion passed unanimously, 7.0.
At this point, Zemler said due to the late hour, items 9 and 10 could both be tabled to
3.18.14.
The ninth item on the agenda was Ordinance No. 8, Commercial Ski Storage. Moffet
moved, with a second from Kurz, to table to the 18th. George Ruther, Community
Development Director, reminded Council to continue the moratorium, to which first and
second agreed. The motion passed unanimously, 7.0.
The Tenth item on the agenda was Ordinance No. 9, Vail Village Townhouse District.
Moffet moved to table, with a second from Bugby. Dominic Mauriello requested it be
heard since he’d been at the meeting since 6:00 p.m. A vote was taken and the motion
passed 4.3, Bruno, Rogers and Daly opposed.
The eleventh item on the agenda was Request to proceed through the development
review process with a proposal to reconstruct an existing water feature and remove and
existing patio on Town of Vail owned stream tract, located adjacent to 463 and 473
Beaver Dam Road/Lot 5, Block 4, Vail Village Filing 3. Planner Jonathan Spence said
this application was being brought forward to Council due to the heightened interest in
stream tract work. The Council does have the right to revoke. Attorney Mire said there
were 2 reasons appropriate for Council to revoke: it serves a legitimate public purpose
or the homeowner failed to maintain the improvements. The original easement was
granted by Vail Resorts, Inc., and the town subsequently provided a revocable right-of-
way (ROW) permit. The revocable ROW allows construction, maintenance, a patio,
water features and other encroaching improvements. Spence said the replacement will
be the same size, although the patio will be removed. The pond is not natural but man-
made. It’s a matter of water quality preservation.
Architect Kyle Webb, representing the applicant, said without this improvement, there
would be water everywhere. The pond is cleaned every 1-2 years and acts as a
sediment collector. The pipe below the pond must be replaced and this is a common
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Town Council Meeting Minutes of March 4, 2014 Page 10
sense approach. Attorney Jim Wear, representing the applicant, said this was a
condition upon purchase.
Moffet moved to approve allowing the applicant to proceed through the process, with a
second from Bugby and Kurz. Rogers said 0 tolerance is 0 tolerance. Council should
be unbending in enforcement. This is Council’s opportunity to remove something from
the stream tract so she will vote against the motion. A vote was taken and the motion
passed 4.3, Bruno, Chapin and Rogers opposed.
The twelfth item on the agenda the second reading of Ordinance No. 5, Penalties for
the Possession of Marijuana. Moffet moved to approve the ordinance as read, with a
second from Kurz. A vote was taken and the motion passed, 7.0
There being no further business, Moffet moved, with a second from Bugby, to adjourn
the meeting. A vote was taken and the motion passed unanimously, 7.0, at 9:50 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
___________________________________
Pam Brandmeyer, Assistant Town Manager
4/1/2014
Town Council Meeting Minutes of March 18, 2014 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 18, 2014
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
Ludwig Kurz
Margaret Rogers
Greg Moffet
Jenn Bruno
Dave Chapin
Dale Bugby
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
Tammy Nagel, Acting Town Clerk
_________________________________________________________________
The first item on the agenda was Citizen Participation. There was none.
The second item on the agenda was the Consent Agenda.
1) South Frontage Road Water Quality Improvements Contract Award. Moffet made a
motion to authorize the Town Manager to enter into an agreement with Western Pipeway
to complete the South Frontage Road Water Quality Improvements Project, with a
second from Kurz. The motion passed unanimously 7-0.
2) Resolution No. 6, Series of 2014. Moffet made a motion to authorize the Town Manager
to enter into the intergovernmental agreement to formalize the Colorado Information
Sharing Consortium, with a second from Kurz. The motion passed unanimously 7-0.
3) Resolution No. 7, Series of 2014. Council requested staff present the resolution later in
the meeting when the first reading of Ordinance No. 8 was to be discussed.
4) Resolution No. 8, Series of 2014. Moffet made a motion to authorize the Town Manager
to enter into the intergovernmental agreement with Eagle County for the lease of the
ECO Transit Welcome Center space, with a second from Kurz. The motion passed
unanimously 7-0.
The third item on the agenda was the Town Manager’s Report. Town Manager Stan Zemler
acknowledged the recent court decision from Eagle County District court and requested staff be
directed to work through the construction process concerning the golf course clubhouse
remodel. Council agreed and directed staff to move forward with the next steps.
The fourth item on the agenda was appointment of 6 members to the Art in Public Places
(AIPP); 3 members to the Building and Fire Codes Appeals Board (B&FCAB); 3 members to the
Design Review Board (DRB); and 4 members to the Planning and Environmental Commission
(PEC). Kurz made a motion to appoint the following board members to AIPP: Cookie Flaum,
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Town Council Meeting Minutes of March 18, 2014 Page 2
Julie Hanson, Kathy Langenwalter, William Pierce, Karen Woods and Amanda Zinn, with a
second from Moffet. The motion passed unanimously 7-0. Kurz made a motion to appoint the
following board members to B&FCAB: Roland Kjesbo, Steven Loftus and Kyle Webb, with a
second from Moffet. The motion passed unanimously 7-0. Kurz made a motion to appoint the
following board members to DRB: Andrew Forstl, Roland Kjesbo and William Pierce, with a
second from Moffet. The motion passed 7-0. Kurz made a motion to appoint the following
board members to PEC: Dick Cleveland; Webb Martin; Henry Pratt; and John Rediker, with a
second from Moffet. The motion passed unanimously 7-0.
The fifth item on the agenda was second reading of Ordinance No. 6, Series 2014, an
ordinance enacting Title 5, Chapter 12, Vail Town Code, “Recycling Requirements”, establishing
regulations regarding recycling of discarded materials by solid waste generators, and solid
waste services provided by waste services companies operating in the Town of Vail and setting
forth details in regards thereto. Environmental Sustainability Coordinator Kristen Bertuglia
reviewed council’s changes to the ordinance. The effective date of the ordinance would be July
1, 2014. Properties which are unable to be in compliance by the effective date would be able to
request an exemption, as determined by the Planning and Environmental Commission (PEC),
according to at least one of following reasons: cost considerations, physical limitations,
operational considerations and conflicts with adopted regulations. Rogers asked if the
exemption would be for life. Bertuglia stated the exemption could be for life depending on the
direction of the PEC. Daly recommended the maximum exemption be no longer than 24
months, with the option for additional 24 month exemptions to which council majority agreed.
Bruno recommended businesses who will have difficulty being in compliance with the ordinance
apply for an exemption no later than July 1. Rogers and Kurz agreed with Bruno. Rogers
recommended “unreasonable cost considerations” be added to the exemption criteria. Council
agreed. Bertuglia reviewed the recycling requirements for wildlife resistant containers.
Recyclables would be placed at the curb in non-wildlife resistant containers if the containers are
placed at the curb only after 6 a.m. and brought indoors for storage before 7 p.m. Bertuglia
explained the existing wildlife regulations would need to be modified to meet this requirement.
Daly suggested requiring bear proof containers and have the town pay for the difference in the
cost for these containers. Moffet expressed concern on what that cost would be to the town.
Daly asked Bertuglia to develop a mythology and to show the costs the town would incur.
Chapin agreed with Daly’s suggestion and went onto say he was glad to see the town would
have some skin in the game. Bugby expressed concern people would be unlawfully dumping
their trash in other people’s dumpsters since there was no self-haul option in the ordinance.
Bugby suggested adding “reasonable effort” language into the penalty assessment or to add
language concerning illegal unlawfully dumping. Rogers did not agree with Bugby’s
suggestions since the language concerning unlawful dumping was currently in the Colorado
State statute and in the Town Code. Daly suggested and others agreed to add the language
“dumping trash or recyclables in someone else’s dumpster is illegal.” Daly asked for public
comment. Ron Riley, commercial property owner, said he has been working hard on this issue
for a month with Bertuglia and the situation concerning his commercial properties are more
complicated. Riley did not agree with the 24 month exemption since the circumstances
surrounding his property would not change. The exemption would require him to come in every
24 months. Chris Fitzgerald, residential property owner, felt the containers needed to be bear
proof regardless if recycling or not. Bill Saurez, residential property owner, asked how many
recycle bins would be required. Daly responded it depended on the hauler. Saurez did not
think there would be a problem for residential but thought businesses without storage areas
would have a burden. Kim Langmaid, property owner, urged council to approve the ordinance.
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Town Council Meeting Minutes of March 18, 2014 Page 3
Moffet expressed concern surrounding environmental impacts associated with hauling single
stream recyclables out of Eagle County rather then full use at the Eagle County MRF facility.
Rogers made a motion, with a second from Kurz to approve the second reading of the
ordinance with the recommended amendments. The motion passed 5-2 (Bugby and Chapin
opposed).
The sixth item on the agenda was the first reading of Ordinance No. 8, Series of 2014, an
ordinance for prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail
Town Code, to amend Section 12-2-2: Definitions of Words and Terms pertaining to
Commercial Ski Storage and the delineation of different floors or levels within a structure, and to
amend Sections 12-7B, 12-7H, 12-7I and 12-8E replacing the term “Commercial Ski Storage”
with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto. Community
Development Planner Jonathan Spence first addressed Resolution No. 7 explaining in 2006
council previously determined that a particular ski storage type use was a “Cocktail Lounges
and Bars.” Resolution No. 7, clearly and unambiguously memorialized that commercial ski
storage/ski clubs are appropriately located only in the basement or garden level of a structure in
the Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2
(LMU-2) and Ski Base/Recreation 2 (SBR-2). There was no public comment. Moffet moved to
adopt the resolution, with a second by Chapin. The motion passed unanimously 7-0. Spence
explained Ordinance No. 8 clarified allowable locations for commercial ski storage/private clubs
and provided additional language to assist in the delineation of different floors or levels within a
structure. The proposed code amendments did not result in any changes to the regulations
pertaining to the location or operating characteristics of ski storage/ski concierge/ski clubs within
the Vail Village and Lionshead. The changes did provide clarity and a greater understanding
concerning these subjects. There was no public comment. Moffet made motion to approve the
ordinance on first reading, with a second from Kurz. The motion passed unanimously 7-0.
The seventh item on the agenda was the first reading of Ordinance No. 9, Series of 2014, an
ordinance rezoning certain properties from the High Density Multiple-Family District to the Vail
Village Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483
Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of
Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth
details in regard thereto. Spence reviewed the ordinance with council. Rogers requested
spelling errors be corrected for the second reading of the ordinance. There was no public
comment. Moffet made a motion to approve the first reading of the ordinance, with a second
from Kurz. The motion passed unanimously 7-0.
The eighth item on the agenda was the Lionshead Parking Structure Entry Improvements.
Kassmel shared with council the value engineering changes made to the proposed Lionshead
parking structure entry that help bring the project closer to the budget. Kassmel recommended
council award the contract to MW Golden Constructors in the amount of $1,819,973; and at a
future council meeting supplement the project budget in the amount of $95,000. Moffet asked if
this project would be completed this year. Kassmel responded yes. Chapin asked what the
purpose was for the snowmelt. Kassmel stated it assisted with snow removal in those areas.
Moffet made a motion to authorize the Town Manager to enter into a contract with MW Golden
Constructors in the amount of $1,819,973, with a second from Bugby. The motion passed
unanimously 7-0.
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Town Council Meeting Minutes of March 18, 2014 Page 4
The ninth item on the agenda was the review of the proposed Timber Ridge Development
Agreement. Community Development Director George Ruther reviewed the three primary
components of the Timber Ridge Development Agreement: the obligations of the town; the
obligations of the developer; and the construction improvements. Daly asked what the penalty
would be if the developer did not finish the project in the timeframe stated in the agreement.
Daly suggested wording that was fair to both the town and developer. Additionally, Daly
requested wording be added concerning insurance and liability. Moffet made a motion to table
the development agreement to the April 1 meeting, with a second from Bugby. The motion
passed unanimously 7-0.
The tenth item on the agenda was the discussion of the future of recreational marijuana in the
Town of Vail and to begin to establish policy direction on the issue for the Town. Ruther
reviewed the six policy issues relating to the regulation of retail marijuana and offered a
recommendation to form a work group composed of stakeholders. Ruther also asked for
council to respond to policy question no. 6 as to where council’s preference for regulating retail
marijuana establishment operations lie along the spectrum. Chapin stated he was neutral until
further information was gathered. Rogers agreed with Chapin. Rogers would like Ruther to
report on what is happening in other communities that have approved the retail sale of
marijuana. Chapin suggested involving a member of the Vail Valley Professionals group.
Rogers recommended having a representative of the industry on the working group. Moffet
stated there currently is no manufacturing of any product allowed anywhere in the town limits
and didn’t think the town should allow marijuana cultivation operations. Moffet requested Ruther
address on site sale/consumption the next time he was presenting this item to council. Bruno
recommended talking with restaurants, lodging, and citizens in the towns that currently allow
retail marijuana to hear their comments and concerns. Daly had spoken with some international
guests who do not want Vail to allow retail marijuana sales. Daly suggested council look at
what is in the best interest of the resort community. Daly said he was at prohibition on the
spectrum. Kurz said emotionally he agreed with Daly, but was willing to keep an open mind
intellectually. Bugby suggested a work session to work on questions for the advisory group to
consider when they meet. Daly asked for public comment. Meg Collins, Executive Director of
Cannabis Business Alliance, provided council with ideas concerning the licensing process and
licensing requirements for a retail marijuana establishment. Some of the examples Collins
presented concerned licensing fees, zoning and exclusions, taxation and transaction fees.
Collins stated she was not here to persuade council one way or another, but instead to assist
with the education of retail marijuana. Council supported Ruther in forming a working group,
made up of stakeholders, as the first step in developing policy concerning retail marijuana
establishments.
The eleventh item on the agenda was the Adjournment. There being no further business,
Moffet made a motion to adjourn with a second from Kurz. The motion passed unanimously 7-0
and council adjourned at 8:50 p.m.
Respectfully Submitted,
Attest: __________________________________
Andrew P. Daly, Mayor
4/1/2014
Town Council Meeting Minutes of March 18, 2014 Page 5
___________________________________
Tammy Nagel, Acting Town Clerk
4/1/2014
Resolution No. 11, Series of 2014
RESOLUTION NO. 11
SERIES OF 2014
A RESOLUTION APPROVING AN AMENDED OPERATING PLAN AND
BUDGET OF THE VAIL LOCAL MARKETING DISTRICT, FOR ITS FISCAL
YEAR JANUARY 1, 2014 THROUGH DECEMBER 31, 2014
WHEREAS, the Town of Vail (the “Town”), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Town Charter (the “Charter”); and
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and
WHEREAS, C.R.S. §29-25-110 requires the Council’s annual approval of the
operating plan the Vail Local Marketing District (the “VLMD”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council approves the operating plan and budget of the VLMD
for marketing related expenditures beginning on the first day of January, 2014, and
ending on the 31st day of December, 2014.
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 1st day of April, 2014.
___________________________________
Andrew P. Daly, Town Mayor
Attested:
_________________________
Tammy Nagel, Acting Town Clerk
4/1/2014
Vail Local Marketing District
2014 Proposed Amended Operating Plan
20132013Variance20141st 2014
AmendedActualFav / (Unfav)BudgetSupplementalProposed
Income
310 · Lodging Tax 2,200,000 2,619,172 419,172 2,600,000 2,600,000
399 · Interest Income 1,200 316 (884) 2,000 2,000
Total Income 2,201,200 2,619,488 418,288 2,602,000 - 2,602,000
Expense
6301 · Destination 806,500 749,324 57,176 954,342 954,342
6302 · Front Range 405,000 416,945 (11,945) 380,000 27000407,000
6303 · Groups and Meetings 537,500 447,799 89,701 570,000 570,000
6304 · Public Relations Expenses 92,000 104,899 (12,899) 92,000 92,000
6306 · Photography / Video 111,500 100,000 11,500 105,000 105,000
6307 · Research 110,725 114,275 (3,550) 70,158 70,000 140,158
6308 · Web Site 45,000 45,000 - 45,000 45,000
6310 · Admin Miscellaneous 7,500 4,203 3,297 7,500 7,500
6315 · Email Marketing 4,000 4,000 - 4,000 4,000
6320 · Branding 102,000 76,819 25,181 110,000 110,000
6400 · Contingency - - -
7000 · Professional Fees -
7001 · Legal and Accounting 20,000 20,000 - 22,000 22,000
7003 · Advertising Agent Fees 50,000 37,500 12,500 50,000 50,000
7007 · Marketing Coordination-TOV 85,000 85,000 - 90,000 90,000
7007 · Marketing Coordination-VVP 40,000 40,000 - 40,000 40,000
7008 . Professional Fees 110,000 100,833 9,167 110,000 110,000
7011 · Partnership Fees
7015 · Ft Range Promotion Fees 30,000 42,500 (12,500) 30,000 30,000
Total 7000 · Professional Fees 335,000 325,833 9,167 342,000 - 342,000
9000 · Special Event Funding
9000.01 · Pro-Cycling Challenge 100,000 100,000 - 100,000 100,000
9000.02 · New Iconic Event Marketing 15,000 12,560 2,440 20,000 20,000
Total 9000 · Special Events115,000 112,560 115,000 120,000 - 120,000
Total Expense 2,671,725 2,501,656 282,629 2,800,000 97,000 2,897,000
Net Income(470,525) 117,832 588,357 (198,000) (97,000) (295,000)
Beginning Fund Balance 1,295,688 1,295,688 1,144,570 1,413,520
Ending Fund Balance825,163 1,413,520 946,570 1,118,520
%age Fund Balance (25% required)37%54%36%43%
4/1/2014
To: Vail Town Council
From: Public Works Departments
Date: April 1, 2014
Subject: Vail Village Welcome Center Renovation project Construction Manager/General
Contractor Selection
I. PURPOSE
The purpose of this memorandum is to present the results of the Construction
Manager/General Contractor (CM/GC) selection process.
II. BACKGROUND
Town Council at the January 16, 2014 meeting directed staff to pursue the selection of a
CM/GC for the Vail Village Welcome Center Renovation Project.
III. SECLECTION PROCESS
Staff hired Consilium Partners to assist with the CM/GC solicitation and selection
process see attached memo regarding the process and recommended selection.
V. STAFF RECOMMENDATION
Staff recommends the Vail Town Council direct staff to contract with GE Johnson for the
CM/GC for the Vail Village Welcome Center Renovation project.
Attachment
Consilium Partners memo March 26, 2014.
4/1/2014
March 26, 2014
To: Greg Hall
Public Works Director, Town of Vail
From: Colleen Kaneda
Consilium Partners/NV5
Subject: Decision Memorandum for Vail Village Welcome Center Renovation and Addition
Project
Construction Manager/General Contractor (CM/GC) RFQP
This memorandum provides a summary of the process used to recommend a CM/GC firm for
the Vail Village Welcome Center Renovation and Addition Project. We had a three Candidates
submit a proposal. The following is the schedule utilized for the RFQP.
SCHEDULE:
February 21, 2014: RFQP Available.
February 26, 2014: Mandatory site visit starting at 1:00 pm at the project site.
February 27, 2014: RFQP Clarification deadline for questions from Candidates.
February 28, 2014: RFQ/P Clarification responses e-mailed to Candidates who
participated in the mandatory site walk.
March 7, 2014: RFQP Responses due from Candidates at 11:00 AM.
March 13, 2014: Oral interview invitations sent to top two short-listed Candidates.
March 24, 2014: Oral interviews held.
March 26, 2014: Candidates notified of recommendation.
April 1, 2014: Town Council Meeting.
Between February 21st and February 26th, nine Candidates requested the RFQP. On February
26th, four Candidates attended the mandatory site visit; February 27th was the deadline to
submit requests for clarifications; on February 28th clarification responses were e-mailed to all
Candidates who attended the mandatory site walk. We received three RFQP responses by the
due date of March 7th.
A Committee formed of two Town of Vail staff members and two Consilium Partners employees
reviewed the three responses from Candidates based on evaluation summary criteria listed in
the RFQP which included Cover Letter, Firm Qualifications, Past Project Experience, Firm
Personnel Proposed on this Project, Sample Cost Estimate, Proposed Schedule, Project Approach
4/1/2014
and Fee & General Conditions Proposal. It was decided to invite the top two candidates for an
oral interview (in alphabetical order below) based on their qualifications and proposed fees:
FCI Constructors, Inc.
GE Johnson Construction Company
It was apparent at this phase of the procurement process that the third candidate, Crestone
Building Company, did not hold equal qualifications as the top two Candidates and also
proposed preconstruction fees that were over 100% higher than the other two firms.
Crestone’s proposed general conditions were also almost double of the other two firms.
Additionally, this candidate proposed fee on construction work that was 3% higher than the
highest proposed fee of the other two firms. It was decided at this point to not invite this
Candidate to the oral interviews.
A Committee of two Town of Vail Staff in addition to the Project Architect met to interview the
Candidates on March 24th along with Consilium Partners, who facilitated the sessions. One
hour of time was given to each Candidate: 40 minutes for a work session presentation and 20
minutes for questions and answers. Candidates were scored based on the following criteria:
Work Session Presentation, Q&A, Proposed Schedule and Fee Proposal (previously submitted).
Both firms were impressive and highly qualified to perform successfully on this project.
After deliberation of oral interview criteria, it was decided that GE Johnson Construction
Company was the best match for the needs of the Town of Vail on this project. The items
below outline the reasoning for the recommendation:
- GE Johnson’s preconstruction fee was a lump sum of $5,000 vs. FCI’s lump sum of
$20,000.
- The Town recently completed a project with the same project manager and
superintendent proposed by GE Johnson.
- The proposed GE Johnson superintendent possessed more years of construction
experience and had a higher level of OSHA certification than the superintendent
proposed from FCI.
- GE Johnson, and specifically their proposed superintendent, has prior experience
working in Vail Village. FCI has experience working in Lionshead, but not Vail Village,
although the proposed individuals from FCI did not personally work on the Lionshead
project.
- GE Johnson has an office located in Eagle County vs. FCI’s office location of Grand
Junction. It was felt that GE Johnson’s staff would be more easily accessible if needed
quickly on site. Additionally, the core team of the project manager and superintendent
from GE Johnson reside in Eagle County.
- GE Johnson proposed a construction fee of 3.75% vs. FCI’s proposed fee of 7%.
- GE Johnson’s maximum price for general conditions was $124,180 while FCI’s was
$81,693.
4/1/2014
- When comparing general conditions and fees together, the two firms were projected to
be within $2,000 of each other on a projected $900,000 project, with FCI being slightly
higher than GE Johnson.
- GE Johnson proposed a change order mark-up fee of 3.75% while FCI’s change order
mark-up fee was 7%.
- When projecting a project of $900,000 with potential change orders of 3% of the project
cost, GE Johnson continued to be lower cost with their proposed fee and general
conditions.
- Proposed schedules from both firms were essentially equal with completion dates and
turnover to the Town of Vail in the third week of November 2014.
Based on the above items, the Town Staff is prepared to make a recommendation of working
with GE Johnson Construction Company for the Vail Village Welcome Center Project.
Sincerely,
Colleen Kaneda
Senior Project Manager
Consilium Partners/NV5
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Town Manager's Report
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: I-70 Vail Underpass Traffic Update
PRESENTER(S): Tom Kassmel
ACTION REQUESTED OF COUNCIL: Council to provide input, solicit public feedback
regarding the traffic projections, traffic analysis and the intersection configuration selection;
and provides staff with direction on what additional information the Council would like to have
prior to endorsing an intersection configuration.
BACKGROUND: The I-70 Vail Underpass is a proposed new multimodal pedestrian and
vehicular connection that is midway between Main Vail and West Vail exits, passing under I-
70. This underpass has been identified in the Vail Transportation Master Plan and the CDOT I-
70 Programmatic Environmental Impact Statement (PEIS) as a critical link between the North
and South Frontage Road. The Town and CDOT have recently entered into a Letter of
Commitment and an Inter-Governmental Agreement (IGA) to jointly fund the design and
construction of this project with an expected completion date of December of 2017. CDOT, the
Town of Vail, and the selected design consultant, Felsburg, Holt & Ullevig (FHU), have begun
the design process based on the recently endorsed preferred location of the underpass and
will provide an update of the traffic analysis to Town Council.
STAFF RECOMMENDATION: Staff recommends that Council provide input, solicit public
feedback regarding the traffic projections, traffic analysis and the intersection configuration
selection; and provides staff with direction on what additional information the Council would
like to have prior to endorsing an intersection configuration.
ATTACHMENTS:
Memo
Attachments
Presentation
4/1/2014
To: Town Council
From: Public Works Department
Date: 4-1-14
Subject: I-70 Vail Underpass Project Traffic Analysis
I. SUMMARY & BACKGROUND
The I-70 Vail Underpass is a proposed new multimodal pedestrian and vehicular
connection that is midway between Main Vail and West Vail exits, passing under I-70.
This underpass has been identified in the Vail Transportation Master Plan and the
CDOT I-70 Programmatic Environmental Impact Statement (PEIS) as a critical link
between the North and South Frontage Road. The Town and CDOT have recently
entered into a Letter of Commitment and an Inter-Governmental Agreement (IGA) to
jointly fund the design and construction of this project with an expected completion date
of December of 2017. CDOT, the Town of Vail, and the selected design consultant,
Felsburg, Holt & Ullevig (FHU), have begun the design process based on the recently
endorsed preferred location of the underpass and will provide an update of the traffic
analysis to Town Council. For past reference each of the past Town Council
presentations and Council meeting video links along with additional project information
are available at the project website at www.vailgov.com/underpass
At the March 4th Town Council meeting Council endorsed the recommended preferred
underpass location 5c, which is a skewed alignment which locates the north intersection
between the Simba Run Condominiums and the Savoy Villas along the North Frontage
Road, and locates the south intersection west of the Glen Lyon Office building along the
South Frontage Road. The underpass project has historically included roundabouts on
both the north and south sides of the interstate in order to accommodate the traffic at
the proposed new intersections. Roundabouts have been identified as the
recommended traffic solution for each intersection because based on the master plan
level and conceptual traffic analysis the typical and modified ‘T’ intersections fail
operationally.
The purpose of this Council update is to review the Vail Transportation Master Plan, its
traffic assumptions and projections, and discuss the project specific traffic analysis that
was just recently completed.
4/1/2014
Town of Vail Page 2
II. VAIL TRANSPORTATION MASTER PLAN
As a part of the project design process, a traffic operations analysis has been
completed for the Underpass and the two new intersections it will create. The traffic
analysis is based on the Vail Transportation Master Plan (VTMP), adopted in 2009,
FHWA/CDOT requirements and guidelines, and recognized traffic engineering best
practices.
As with all projects a critical component of the traffic analysis is the data and
assumptions that it is based on. For Vail, the data and assumptions are based on the
VTMP and include;
20 Year Design Traffic Service Life: Both Vail and CDOT require the project to design
improvements based on a 20 year projected traffic operations service life meeting the
Level of Service requirements identified below. This is in an effort to avoid building
projects that may become obsolete too quickly.
15th busiest day: Vail’s traffic projections are based on accommodating the 15th busiest
day’s afternoon traffic hour. This equates to accommodating 90% of a 150 day ski
season. The winter season has historically been the busier and more critical season
other than Fourth of July. The success of Vail, Vail Mountain and the business
community has been to design infrastructure to accommodate our guest and peak
season 90% of the time. This allows a balance in capital investments and on-going high
operational service levels. Vail relies heavily on a resort economy and it is necessary to
provide our guests with a world class experience including mobility/traffic.
Considering that the 15th busiest day will likely have the busiest morning (AM) and
afternoon (PM) traffic hours, this design parameter is also similar to CDOT’s standard of
designing to the 30th highest Design Hour Volume (DHV). The 15th busiest day also
accommodates the majority of the following;
• Number of days Vail Hotels are well occupied (2013 data);
o >80% (61)
o 80-84% (22)
o 85-89% (24)
o 90-95% (15)
• Number of days in a year Vail has overflow parking on the frontage roads,
indicating heavy traffic; recent average 20-30 days, despite the recent
parking supply additions (Private garages, Outlying free parking areas)
• Number of significant Holidays and Special Events when Vail’s traffic is at
its highest, including these 40-50 days;
o Christmas/New Years (7)
o Martin Luther King Weekend (3)
o Presidents Week (7)
o March Spring Break weeks (10-14)
o Summer Special Events(Go Pro, July 4th, Pro Challenge, Farmers
Market, major Ford Park events, etcJ) (12-18)
• Number of significant Powder Days (>8”) (10-20)
4/1/2014
Town of Vail Page 3
VTMP Traffic Projections: The VTMP traffic projections completed for the 2009
adopted plan, projected Vail would see 2800 new PM peak hour traffic trips town wide
due to future large development/redevelopment projects; along with an additional 0.5%
background traffic growth rate per year to cover normal population growth and some
unanticipated growth. This equates to a total average yearly growth rate of traffic of
3.2%. In comparison the industry standard growth rate for traffic is 2.0-2.5% per year.
Vail’s total growth rate was projected higher for the following reasons;
• Vail’s future development growth potential is being based on projects that had
been discussed, planned, entitled, or built in the 2004-2009 timeframe. Currently
of these projects, 33% have been built, 6% have been entitled and are projected
to be built in the next 2 years, 8% have been entitled, 30% have gone thru
master planning/conceptual design but were halted due to the economy, and the
remaining 23% have not yet been presented. These projects make up the
additional 2800 future projected trips. It is important to note that when
developing these projected future trips the VTMP recognized the significant
impact the Vail Transit system and the walkability of the Villages has on the
reduction of passenger vehicle trips, and as a result includes a range of traffic trip
reductions depending on location of 20%-70%, which averages out to a 36%
percent reduction in traffic trips town wide. Without these reductions, the total
additional projected development trips would have been 4350, instead of the
projected 2800.
• Since Vail is a weekend destination for many statewide areas Vail is greatly
impacted by the growth of the state, particularly the Front Range area. Colorado
has a projected population growth rate of ~1.5%, with the Front Range projected
at ~1.8%, which equals to 3.5 Million more people by 2040. It is likely Vail will
capture a percentage of this statewide growth via drive up guests.
• The local population growth of Eagle County is projected at 2.5%, or ~50
thousand more people by 2040 which is equal to a total population of ~110
thousand. This growth rate is consistent with other mountain areas but
significantly higher than the rest of the state. Vail will see a significant
percentage of this growth as Vail is a hub of the county as a workplace and for
recreation and culture.
• Vail could also be greatly impacted by Vail Mountain growth. However, to control
this growth; the Town, Vail Resorts, and the US Forest Service (USFS) have
entered into a joint agreement that puts a 19,900 threshold on the number of
Skiers At One Time (SAOT) that can be on the mountain. As a result of this
agreement Vail Mountain is somewhat limited to their ability to expand terrain
and provide capacity improvements. Therefore the projected traffic modeling of
the VTMP assumes no additional growth due to on mountain expansions and/or
major capacity improvements. Vail is impacted by Vail Mountain
operating/condition characteristics, specifically by; the types/cost of passes
available each year, the amount of snow received each year (number of powder
days and how quickly terrain opens), and other changes in operations of Vail
Mountain. It should be noted that the 19,900 SAOT doesn’t necessarily correlate
with peak traffic days. Vail has had some of our busiest traffic days on days that
are far short of 19,900 and vice versa; Vail Mountain has exceeded 19,900 skiers
4/1/2014
Town of Vail Page 4
on days where we have non-peak traffic. Our peak traffic days are more
contingent on “drive-up” skier vs. destination skiers, whereas the 19,900
threshold is more contingent on destination skiers coupled with “drive-up” skiers.
Even with the managed growth agreement Vail went from 0 to 50 days of
frontage road parking between 2000 and 2001 due to a change in pass structure
at that time, the “Buddy Pass” began including 10 days to ski at Vail or Beaver
Creek.
• Vail is also impacted by Vail pass closures. Since Vail is at the end of the line,
and the bottle neck, prior to accessing Vail pass from the west, Vail is subject to
traffic spikes during Vail pass closures. In recent years Vail pass has closed
anywhere from 30-50 times in a season, forcing I-70 traffic to exit, circulate, and
wait in Vail. This is somewhat mitigated by the efforts of the Eagle County
Incident Management Plan for I-70, which has developed a valley wide integrated
plan to lessen the bottle neck in Vail by instructing trucks and general traffic to
exit I-70 west of Vail and wait out the closure.
Level of Service (LOS): LOS is a measurement of traffic operations based on a scale
from A-F, A being free flow traffic, F being traffic significantly delayed (grid lock). Vail’s
adopted traffic standard for design LOS is;
• LOS C during ideal conditions
• LOS D during snowy conditions
Similarly CDOT requires a design LOS of D
All of the above provided the framework for the VTMP. This framework then led to
obtaining the necessary data to project and analyze traffic into the future, resulting in
the recommendation of constructing the I-70 Vail Underpass. It also provided the
necessary traffic projections that allowed for the initial master plan level traffic analysis
of the Underpass, showing the need for roundabouts on both the north and south sides
of the underpass.
III. I-70 VAIL UNDERPASS TRAFFIC ANALYSIS
As we move into the design phase of the Underpass project, the design team has
updated the traffic data and moved to a more project specific traffic analysis. This has
led to the following updates;
• Updated traffic counts: The previous VTMP baseline existing traffic counts
were based on traffic counts from the 2005/06 ski season. These have now
been updated to reflect existing traffic counts that were taken during the 2012/13
ski season. The traffic model has been re-calibrated based on these existing
counts.
• Updated Projected Growth Model: The future projects anticipated within the
VTMP have been updated to take into consideration those projects that have
been built, and those that have had revised future project projections based on
the most recent information available. This effort reduced the future project
development trips from 2800 to 1900, a reduction of 32%. This also reduced the
overall growth rate from the original VTMP, from ~3.2% to ~2%.
4/1/2014
Town of Vail Page 5
These updated traffic projections were then modeled in a project specific traffic analysis
for the intersections. The traffic analysis provides a better understanding of the impacts
of the projected growth on varying types of intersections. Two key elements of traffic
operations are reviewed based on this analysis to determine if the intersection
operations will work within the design parameters;
Level of Service (LOS): LOS as mentioned above is a measurement of calculated
delay of traffic operations graded on a scale of A-F, A being free flow traffic, F being
traffic significantly delayed (grid lock). Vail’s adopted traffic standard for design LOS is;
• LOS C during ideal conditions
• LOS D during snowy conditions
Queue Length: Queue length provides the estimated linear foot of traffic queue, or
back-up, anticipated based on the volume of traffic trying to move thru the intersection.
Both LOS and queue length are dependent on the volumes of traffic attempting to make
a specific traffic movement (thru, left turn, or right turn) at each intersection, and on the
opposing traffic each movement is conflicting with. The LOS must meet the desired
LOS threshold and the length of queue must also be determined to be acceptable. In
this particular case a critical queuing concern is the queue length between each
intersection. There is a finite amount of length between each intersection, ~180’,
therefore any queue length longer than that will begin to impact, “jam up”, the other
intersection, and causing failure.
With these elements in mind the design team analyzed seven different types of
intersections including;
• T Intersections;
o Traditional T: Frontage roads free flow, underpass stops
o All-way Stop T: All directions stop
o Modified T: Underpass free flow, frontage roads stop, “Blue Cow Chute”
o All-way Stop T with Bypass: Two frontage road movements are free flow,
all other movements stop.
o Signalized T: All movements stop at signals
• Roundabouts;
o Single lane
o Single lane with auxiliary lanes
Each of these intersection configurations has been vetted for traffic operations and the
results for LOS are summarized in the attached tables.
The above tabulated data was then narrowed down and simplified in the attached bar
graphs showing Level of Service thresholds corresponding to the projected traffic with a
+/- 15% sensitivity analysis. This sensitivity analysis takes into account the updated
projected growth and analyzes the sensitivity of the growth if these future projections
are off by15% in either direction, high or low. It also narrows down the intersection
configurations to those that have shown the most potential; Bypass T, Single Lane
4/1/2014
Town of Vail Page 6
Roundabout, Single Lane Roundabout with Auxiliary Lanes. The bar graph shows the
capacity limits of each intersection within the Town of Vail acceptable LOS (C/D for
ideal, D/E for snowy) and also red flags those that would result in unacceptable queue
lengths.
In addition, traffic volume diagrams and LOS with queue length diagrams are
attached for additional specific detail.
IV. INTERSECTION EVALUATION AND RECOMMENDATION
As shown above, the traffic operations of the two intersections are critical to the success
of this project. However, there are many other relating factors that must be considered
when evaluating the intersection design. In order to better evaluate this design
decision, the Project Staff and the Project Leadership Team developed preliminary
Evaluation Criteria for this decision.
Evaluation Criteria
• Intersection traffic design/service life meets the 20 year traffic projections
• Intersection traffic Level of Service meets Vail and FHWA/CDOT criteria at the
new underpass locations and at nearby impacted intersections
• Conforms with Vail’s comprehensive plans and planning objectives
• Mitigates/minimizes safety issues (Vehicular, Pedestrian, Bicyclist, Transit)
• Minimizes maintenance impacts (Snow removal, Landscaping, Long term Mtn.
Costs)
• Provides adequate access for adjacent properties and community wide for
pedestrians, bicycles and vehicles
• Mitigates/minimizes environmental Impacts (Noise, Lighting, Property,
Accessibility, Water Quality, etcJ)
• Provides enhanced aesthetics meeting Vail standards
• Provides scalability if needed in the future for increased traffic operations
• Minimizes construction cost, Right of Way acquisition, and duration
Based on the above criteria, the following compares the 4 options that were deemed
potentially viable and are close to meeting, meet, or exceed the traffic analysis
requirements. For purposes of discussion all options that fall close within the sensitivity
analysis (+/- 15%) range of the projected traffic are included.
T Intersection all way stop with bypass;
• an unfamiliar intersection configuration, a couple statewide examples can be
seen at the intersection of US 285 and US 24 (south of Buena Vista), and a
signalized version at DIA (near gas station),
4/1/2014
Town of Vail Page 7
• meets only the traffic operations LOS requirements for the low end(-15%) of the
traffic sensitivity analysis (a very aggressive limited traffic projection), and has
significant impactful queue lengths between each intersection
• reduces the area of impact on Simba Run Condominiums property, however it
extends the impacts along the length of the property, significantly impacting
driveway access flexibility,
• can be designed to minimize safety and maintenance concerns, however this will
introduce a mid-block crossing across the bypass lanes, an unfavorable condition
similar to crosswalks at the Municipal Building, and the Ritz Carlton,
• aesthetically challenging, as it is very linear and functional in design and has
limited areas for landscape that can break up the intersection design.
• scalable to a degree. The most practical way to increase capacity in this type of
design is to add a traffic signal or eliminate it and replace with roundabout.
• falls within the constraints of the existing estimated construction budget and
schedule.
T Intersection with Traffic Signal;
• Oddly enough an unfamiliar intersection configuration in Vail, but familiar
intersection configuration in general,
• meets traffic operations requirements, however it adds significant delay to
travelling public during non peak times due to signal cycle.
• does not meet Vail planning goals as it includes a traffic signal, which is not
generally acceptable in Vail, thought it does meet traffic operation goals,
• reduces/ possibly eliminates the area of impact on Simba Run Condominiums
property,
• can be designed to minimize safety and maintenance concerns, similar to typical
signalized intersections,
• aesthetically challenging, as it is very linear and functional in design and has
limited areas for landscape that can break up the intersection design. And there
is not much one can do to mitigate the aesthetics of the traffic signal,
• scalable to a degree. The most practical way to increase capacity in this type of
design is to add bypass lanes or a roundabout.
• falls well within the constraints of the existing estimated construction budget and
schedule, and there would likely be savings in both budget and duration.
The single lane roundabout;
• provides a traffic solution that is familiar in Vail,
• does not meet all VTMP planning goals and criteria for traffic operations, meets
LOS requirements for ideal conditions but does not meet it for snowy conditions,
and results in significant long queues in snowy conditions,
• reduces impacts to private property as compared to the other considered larger
roundabout,
• can be designed to minimize safety and maintenance concerns (Main Vail &
West Vail as examples). Based on actual accident data roundabouts are
considered the safest intersections for all modes of transportation. This notion
may be perceived differently for those pedestrians and bicyclist using the
4/1/2014
Town of Vail Page 8
roundabouts; this may be attributed to that most of those entering roundabouts
are more acutely aware of their surroundings and therefore more care is taken
resulting in less actual and reported accidents.
• is aesthetically pleasing,
• scalable to a degree. The most practical way to increase capacity is to enlarge
the roundabout and add the additional necessary lanes, this can be planned for
by placing required retaining walls in locations that allow for the additional lanes
to be constructed without future demo and replacement of the retaining walls,
• falls just within the constraints of the existing estimated construction budget and
schedule.
The single lane roundabout with auxiliary lanes;
• provides a traffic solution that is familiar in Vail,
• meets the VTMP planning goals and criteria for traffic operations, LOS and
queuing,
• has the largest impacts to private property with regards to area of encroachment,
• can be designed to minimize safety and maintenance concerns (Main Vail &
West Vail as examples). Based on actual accident data roundabouts are
considered the safest intersections for all modes of transportation. This notion
may be perceived differently for those pedestrians and bicyclist using the
roundabouts; this may be attributed to that most of those entering roundabouts
are more acutely aware of their surroundings and therefore more care is taken
resulting in less actual and reported accidents.
• is aesthetically pleasing,
• not scalable, but should not have to be scaled,
• falls just within the constraints of the existing estimated construction budget and
schedule.
V. NEXT STEPS
Staff is requesting Council provide input and solicit public feedback regarding the traffic
projections, traffic analysis and the intersection configuration selection; and seeks
direction on what additional information the Council would like to have prior to endorsing
an intersection configuration.
Once an intersection configuration is endorsed the design team will continue to move
forward in preliminary design and environmental analysis. During preliminary design
and environmental analysis the design team will more thoroughly vet a design solution,
including but not limited to;
• Determining the best horizontal and vertical design location; finding the ‘best fit’
geometric design within the constraints of the endorsed preferred location and
endorsed intersection type, with emphasis to reduce encroachment and impacts
on private property.
• Structural selection for bridges and retaining walls. Taking into account structural
needs, impacts, and aesthetics.
4/1/2014
Town of Vail Page 9
• Project mitigation measures for adjacent properties in close proximity to the
proposed project related to environmental impacts, including Visibility, Noise,
Aesthetics, Lighting, Air and Water Quality.
• 3D interactive rendering will be prepared and presented to the public at a future
Town Council meeting. This model will allow the public to visualize the
underpass and how impacts may be mitigated.
VI. PROJECT PROGRESS SCHEDULE
As the project progresses public input will be taken continuously thru the project website
at www.vailgov.com/underpass and thru specific stakeholders meetings and
correspondence. The following is a list of key design milestones and more formal public
input opportunities anticipated to occur during the design process. As this process is
dynamic these dates will fluctuate as the project develops;
March – October 2014 Preliminary Design & Preliminary Environmental Clearance
April 2014 Town Council Update (Intersection Selection)
May 2014 Town Council Update (Design Progress)
July 2014 Town Council Update (Preliminary Design Complete)
August 2014 Open House
October 2014 Town Council Update (Environmental Clearance Update)
January 2015 Town Council Update (Final Design Complete)
January 2015 Open House (Final Design)
January-December 2015 Right of Way plans and property acquisition process
January 2016 Final Environmental Clearance (FHWA)
January-April 2016 Construction Documents, Bid & Award, Open House
Spring 2016-Fall 2016 Construction
VII. STAFF RECOMMENDATION
Staff recommends that Council provide input, solicit public feedback regarding the traffic
projections, traffic analysis and the intersection configuration selection; and provides
staff with direction on what additional information the Council would like to have prior to
endorsing an intersection configuration.
VIII. ATTACHMENTS
LOS Tables (Ideal & Snowy Conditions)
LOS Bar Graphs
Traffic Volume Diagrams (Detailed)
LOS and Queue Length Diagrams (Detailed)
Presentation
4/1/2014
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r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
3
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
e
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Al
l
Wa
y
St
o
p
Mo
d
i
f
i
e
d
Te
e
‐
Un
d
e
r
p
a
s
s
Fr
e
e
Fr
o
n
t
a
g
e
Ro
a
d
St
o
p
By
p
a
s
s
Te
e
Al
t
e
r
n
a
t
i
v
e
4
So
u
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
i
o
n
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
Al
t
e
r
n
a
t
i
v
e
5A
l
t
e
r
n
a
t
i
v
e
6
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
Alternative7 Traffic Signal
4/1/2014
AM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
7
.
2
/ LO
S
A
1
2
.
8
/ LO
S
B9
.
0
/ LO
S
A
1
1
.
6
/ LO
S
B8
.
2
/ LO
S
A7
.
4
/ LO
S
A13.3 / LOS B
AM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
2
9
.
8
/ LO
S
D
1
4
.
8
/ LO
S
B
4
0
.
6
/ LO
S
E
1
3
.
1
/ LO
S
B8
.
9
/ LO
S
A8
.
9
/ LO
S
A17.1 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
2
3
6
.
3
/ LO
S
F
5
2
.
2
/ LO
S
F
4
4
.
4
/ LO
S
E
3
7
.
6
/ LO
S
E
5
2
.
2
/ LO
S
F
2
9
.
7
/ LO
S
D19.2 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
8
7
9
.
3
/ LO
S
F
7
2
.
0
/ LO
S
F
3
4
1
.
1
/ LO
S
F
6
6
.
9
/ LO
S
F
3
1
.
6
/ LO
S
D
1
7
.
9
/ LO
S
C27.1 / LOS C
Va
i
l
I‐70
Un
d
e
r
p
a
s
s
In
t
e
r
s
e
c
t
i
o
n
An
a
l
y
s
i
s
‐
Sn
o
w
Co
n
d
i
t
i
o
n
s
;
Me
d
i
u
m
Tr
a
f
f
i
c
Fo
r
e
c
a
s
t
s
No
r
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
i
o
n
Sc
e
n
a
r
i
o
Al
t
e
r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
3A
l
t
e
r
n
a
t
i
v
e
4A
l
t
e
r
n
a
t
i
v
e
5A
l
t
e
r
n
a
t
i
v
e
6Alternative7 Traffic Signal
2040 Build‐Out
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
e
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Al
l
Wa
y
St
o
p
Mo
d
i
f
i
e
d
Te
e
‐
Un
d
e
r
p
a
s
s
Fr
e
e
Fr
o
n
t
a
g
e
Ro
a
d
St
o
p
By
p
a
s
s
Te
e
S
i
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
y
AM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
6
.
1
/ LO
S
A
3
4
.
8
/ LO
S
D
1
1
.
5
/ LO
S
B
1
0
.
0
/ LO
S
A
1
2
.
1
/ LO
S
B
1
1
.
5
/ LO
S
B12.0 / LOS B
AM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
4
3
.
3
/ LO
S
E
6
1
.
2
/ LO
S
F
2
1
.
0
/ LO
S
C
1
1
.
2
/ LO
S
B
1
6
.
6
/ LO
S
C
1
6
.
6
/ LO
S
C12.8 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
5
8
.
0
/ LO
S
F
3
6
.
0
/ LO
S
E
3
2
9
.
9
/ LO
S
F
33
.
5
/ LO
S
D
6
0
.
0
/ LO
S
F
1
4
.
1
/ LO
S
B18.1 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
5
8
1
.
0
/ LO
S
F
6
5
.
5
/ LO
S
F
2
5
7
4
.
5
/ LO
S
F
6
1
.
3
/ LO
S
F
1
0
1
.
7
/ LO
S
F
1
6
.
6
/ LO
S
C25.2 / LOS C
So
u
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
i
o
n
Sc
e
n
a
r
i
o
Al
t
e
r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
3A
l
t
e
r
n
a
t
i
v
e
4A
l
t
e
r
n
a
t
i
v
e
5A
l
t
e
r
n
a
t
i
v
e
6
2040 Build‐Out
Alternative7
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
e
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Al
l
Wa
y
St
o
p
Mo
d
i
f
i
e
d
Te
e
‐
Un
d
e
r
p
a
s
s
Fr
e
e
Fr
o
n
t
a
g
e
Ro
a
d
St
o
p
By
p
a
s
s
Te
e
S
i
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
Traffic Signal
4/1/2014
0
500
1000
1500
2000
FELSBURG
HOLT&
ULLEVIG
North Frontage Road
2040 PM Peak Hour
SNOWY CAPACITY
LOS D/E
Ve
h
i
c
l
e
s
P
e
r
H
o
u
r
1325 Low
IDEAL CAPACITY
LOS C/D
1805
1625
1415
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
ByPass Tee
1620
1510
1290
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
Queue > Storage
ByPass Tee
Queue > Storage
1790 High
1560
1560 Vph
670 Existing
400 Diverted
55 General Growth
435 Development Growth
Would result in excessive queue between North & South Frontage Roads
Would result in excessive queue on westbound North Frontage Road
4/1/2014
0
500
1000
1500
2000
2500
FELSBURG
HOLT&
ULLEVIG
South Frontage Road
2040 PM Peak Hour
SNOWY CAPACITY
LOS D/E
Ve
h
i
c
l
e
s
P
e
r
H
o
u
r
1345 Low
Would result in excessive queue between North & South Frontage Roads
Would result in excessive queue on westbound South Frontage Road
IDEAL CAPACITY
LOS C/D
2185
1485
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
ByPass Tee
Queue > Storage
1950
1320
1330
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
Queue > Storage
ByPass Tee
1825 High
1585
1585 Vph
985 Existing
100 Diverted
80 General Growth
420 Development Growth
1475
4/1/2014
c(100)/d(175)
b(35)/b(45)
b(25)/b(25)
free
C/E
b(
4
0
)
/
c
(
5
0
)
b(
2
5
)
/
b
(
2
5
)
b(45)/c(60)
free
C/D
2040 PM Level of Service
N. Frontage Rd.
S. Frontage Rd.
N. Frontage Rd.
S. Frontage Rd.
Si
m
b
a
R
u
n
Si
m
b
a
R
u
n
X/X
= Ideal/Snow Movement
Level of Service (95%
Queues in Feet)
= Ideal/Snow Intersection
Level of Service
= Stop Sign
= Lane Assignment
LEGEND
x(xx)/x(xx)
b(70)/c(115)
d(235)/f(370)
a(
2
5
)
/
b
(
2
5
)
d(
2
0
5
)
/
f
(
3
4
5
)
FELSBURG
HOLT&
ULLEVIG
Bypass-T
a(75)/b(105)
a(
2
5
)
/
a
(
2
5
)
b(
7
5
)
/
c
(
1
3
0
)
c(110)/d(210)
a(25)/a(25)
B/C
a(45)/a(60)
b(85)/c(155)
b(
4
5
)
/
b
(
7
0
)
b(80)/b(130)
B/B
1-Lane Roundabout
w/Auxiliary Lanes
d(480)/f(1700)
b(
4
5
)
/
b
(
6
0
)
b(80)/b(130)
C/F
1-Lane Only
N. Frontage Rd.
S. Frontage Rd.
a(75)/b(105)
c(160)/f(440)
C/D
c(
1
3
0
)
/
d
(
2
6
0
)
4/1/2014
D/E
2040 PM Level of Service +15%
North Frontage Rd.
South Frontage Rd.
Si
m
b
a
R
u
n
Bypass-T
X/X
= Ideal/Snow Movement
Level of Service (95%
Queues in Feet)
= Ideal/Snow Intersection
Level of Service
= Stop Sign
= Lane Assignment
LEGEND
x(xx)/x(xx)
f(1315)/f(3090)
b(
6
0
)
/
b
(
7
5
)
b(110)/c(210)
E/F
Si
m
b
a
R
u
n
b(100)/c(150)
a(
2
5
)
/
a
(
2
5
)
c(
1
1
0
)
/
d
(
2
1
5
)
c(170)/f(565)
a(25)/a(25)
C/D
a(55)/b(85)
b(135)/d(270)
b(
6
0
)
/
c
(
1
0
0
)
b(110)/c(210)
B/C
d(150)/e(255)
b(45)/b(60)
b(
2
5
)
/
b
(
3
0
)
f(
3
3
0
)
/
f
(
3
4
0
)
b(25)/b(25)
free
E/E
c(100)/c(180)
f(375)/f(365)
c(
5
0
)
/
c
(
7
0
)
b(
2
5
)
/
b
(
3
0
)
b(55)/c(80)
free
FELSBURG
HOLT&
ULLEVIG
N. Frontage Rd.
S. Frontage Rd.
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Only
N. Frontage Rd.
S. Frontage Rd.
b(100)/b(150)
e(310)/f(1245)
D/F
c(
2
1
0
)
/
f
(
7
0
5
)
4/1/2014
2040 PM Level of Service -15%
N. Frontage Rd.
S. Frontage Rd.
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Only
N. Frontage Rd.
S. Frontage Rd.
Bypass-T
North Frontage Rd.
South Frontage Rd.
Si
m
b
a
R
u
n
X/X
= Ideal/Snow Movement
Level of Service (95%
Queues in Feet)
= Ideal/Snow Intersection
Level of Service
= Stop Sign
= Lane Assignment
LEGEND
x(xx)/x(xx)
c(210)/e(575)
a(
3
5
)
/
b
(
4
5
)
a(60)/b(85)
B/D
a(55)/a(80)
a(
2
5
)
/
a
(
2
5
)
a(
5
0
)
/
b
(
8
0
)
b(70)/c(115)
a(25)/a(25)
A/B
a(35)/a(45)
a(65)/b(95)
a(
3
5
)
/
b
(
4
5
)
a(60)/b(85)
A/B
Si
m
b
a
R
u
n
a(55)/a(75)
b(95)/c(175)
B/C
b(
8
0
)
/
c
(
1
4
0
)
b(65)/c(110)
a(25)/b(35)
a(
2
5
)
/
a
(
2
5
)
c(
1
2
5
)
/
e
(
2
3
0
)
b(25)/b(25)
free
C/C
b(45)/b(75)
c(135)/e(265)
b(
3
0
)
/
b
(
4
0
)
a(
2
5
)
/
b
(
2
5
)
b(30)/b(45)
free
B/C
FELSBURG
HOLT&
ULLEVIG
Bypass-T
4/1/2014
Tr
a
f
f
i
c
V
o
l
u
m
e
s
-
M
e
d
i
u
m
20
4
0
T
o
t
a
l
T
r
a
f
f
i
c
w
i
t
h
S
i
m
b
a
R
u
n
FELSBURG HOLT&ULLEVIG
Va
i
l
I
n
t
e
r
c
h
a
n
g
e
P
E
L
,
1
3
-
1
6
4
,
3
/
2
5
/
1
4
40(110)
159(416)
119(152)
100(105)
1
7
5
(
4
5
4
)
8
5
(
8
0
)
6
2
(
1
9
5
)
5
1
3
(
2
9
8
)
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
S
.
F
r
o
n
t
a
g
e
R
d
.
S.
F
r
o
n
t
a
g
e
R
d
.
2
4
5
(
3
1
9
)
1
3
4
(
1
7
8
)
13
8
(
3
3
0
)
17
7
(
5
0
4
)
4048
L
i
o
n
s
R
idge
Red Sandstone Road
S
o
u
t
h
F
r
o
n
t
a
g
e
R
o
a
d
N
o
r
t
h
F
r
o
n
t
a
g
e
R
o
a
d
West Gore Creek
D
r
i
v
e
Simba
Run
WE
S
T
V
A
I
L
CO
M
M
E
R
C
I
A
L
CE
N
T
E
R
PO
S
T
OF
F
I
C
E
TI
M
B
E
R
R
I
D
G
E
H
O
U
S
I
N
G
CA
S
C
A
D
E
VI
L
L
A
G
E
FU
T
U
R
E
EV
E
R
V
A
I
L
&
MO
U
N
T
A
I
N
A
C
C
E
S
S
LI
O
N
S
H
E
A
D
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
V.
T
.
C
.
L.T
.C
.
MU
N
I
C
I
P
A
L
C
E
N
T
E
R
/
HO
S
P
I
T
A
L
VA
I
L
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
Va
i
l
E
x
i
t
No
.
7
6
(M
a
i
n
E
n
t
r
a
n
c
e
)
Va
i
l
E
x
i
t
No
.
1
7
3
(W
e
s
t
E
n
t
r
a
n
c
e
)
PE
D
E
S
T
R
I
A
N
OV
E
R
P
A
S
S
70
70
48
40
=
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
T
o
t
a
l
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
A
n
n
u
a
l
P
M
G
r
o
w
t
h
P
e
r
c
e
n
t
a
g
e
=
I
n
t
e
r
s
e
c
t
i
o
n
N
u
m
b
e
r
XX
X
(
X
X
X
)
LE
G
E
N
D
X
XX
X
(
X
X
X
)
XX
%
TO
T
A
L
83
8
(
1
5
5
7
)
2.
2
%
TO
T
A
L
11
0
9
(
1
5
8
5
)
1.
7
%
4/1/2014
Tr
a
f
f
i
c
V
o
l
u
m
e
s
-
M
e
d
i
u
m
-
1
5
%
20
4
0
T
o
t
a
l
T
r
a
f
f
i
c
w
i
t
h
S
i
m
b
a
R
u
n
FELSBURG HOLT&ULLEVIG
Va
i
l
I
n
t
e
r
c
h
a
n
g
e
P
E
L
,
1
3
-
1
6
4
,
3
/
2
5
/
1
4
34(94)
135(354)
101(129)
85(89)
1
4
9
(
3
8
6
)
7
2
(
6
8
)
5
3
(
1
6
7
)
4
3
6
(
2
5
3
)
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
S
.
F
r
o
n
t
a
g
e
R
d
.
S.
F
r
o
n
t
a
g
e
R
d
.
2
0
8
(
2
7
1
)
1
1
4
(
1
5
1
)
11
7
(
2
8
1
)
15
0
(
4
2
8
)
4048
=
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
T
o
t
a
l
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
A
n
n
u
a
l
P
M
G
r
o
w
t
h
P
e
r
c
e
n
t
a
g
e
=
I
n
t
e
r
s
e
c
t
i
o
n
N
u
m
b
e
r
XX
X
(
X
X
X
)
LE
G
E
N
D
X
XX
X
(
X
X
X
)
XX
%
TO
T
A
L
71
2
(
1
3
2
4
)
1.
6
%
TO
T
A
L
94
2
(
1
3
4
7
)
1.
0
7
%
L
i
o
n
s
R
idge
Red Sandstone Road
S
o
u
t
h
F
r
o
n
t
a
g
e
R
o
a
d
N
o
r
t
h
F
r
o
n
t
a
g
e
R
o
a
d
West Gore Creek
D
r
i
v
e
Simba
Run
WE
S
T
V
A
I
L
CO
M
M
E
R
C
I
A
L
CE
N
T
E
R
PO
S
T
OF
F
I
C
E
TI
M
B
E
R
R
I
D
G
E
H
O
U
S
I
N
G
CA
S
C
A
D
E
VI
L
L
A
G
E
FU
T
U
R
E
EV
E
R
V
A
I
L
&
MO
U
N
T
A
I
N
A
C
C
E
S
S
LI
O
N
S
H
E
A
D
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
V.
T
.
C
.
L.T
.C
.
MU
N
I
C
I
P
A
L
C
E
N
T
E
R
/
HO
S
P
I
T
A
L
VA
I
L
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
Va
i
l
E
x
i
t
No
.
7
6
(M
a
i
n
E
n
t
r
a
n
c
e
)
Va
i
l
E
x
i
t
No
.
1
7
3
(W
e
s
t
E
n
t
r
a
n
c
e
)
PE
D
E
S
T
R
I
A
N
OV
E
R
P
A
S
S
70
70
48
40
4/1/2014
Tr
a
f
f
i
c
V
o
l
u
m
e
s
-
M
e
d
i
u
m
+
1
5
%
20
4
0
T
o
t
a
l
T
r
a
f
f
i
c
w
i
t
h
S
i
m
b
a
R
u
n
FELSBURG HOLT&ULLEVIG
Va
i
l
I
n
t
e
r
c
h
a
n
g
e
P
E
L
,
1
3
-
1
6
4
,
3
/
2
5
/
1
4
46(127)
183(478)
137(175)
115(121)
2
0
1
(
5
2
2
)
9
8
(
9
2
)
7
1
(
2
2
5
)
5
9
0
(
3
4
3
)
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
N
.
F
r
o
n
t
a
g
e
R
d
.
Simba R
u
n
S
.
F
r
o
n
t
a
g
e
R
d
.
S.
F
r
o
n
t
a
g
e
R
d
.
2
8
2
(
3
6
7
)
1
5
4
(
2
0
5
)
1
5
9
(
3
8
0
)
20
4
(
5
8
0
)
4048
=
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
T
o
t
a
l
A
M
(
P
M
)
P
e
a
k
H
o
u
r
T
r
a
f
f
i
c
V
o
l
u
m
e
s
=
A
n
n
u
a
l
P
M
G
r
o
w
t
h
P
e
r
c
e
n
t
a
g
e
=
I
n
t
e
r
s
e
c
t
i
o
n
N
u
m
b
e
r
XX
X
(
X
X
X
)
LE
G
E
N
D
X
XX
X
(
X
X
X
)
XX
%
L
i
o
n
s
R
idge
Red Sandstone Road
S
o
u
t
h
F
r
o
n
t
a
g
e
R
o
a
d
N
o
r
t
h
F
r
o
n
t
a
g
e
R
o
a
d
West Gore Creek
D
r
i
v
e
Simba
Run
WE
S
T
V
A
I
L
CO
M
M
E
R
C
I
A
L
CE
N
T
E
R
PO
S
T
OF
F
I
C
E
TI
M
B
E
R
R
I
D
G
E
H
O
U
S
I
N
G
CA
S
C
A
D
E
VI
L
L
A
G
E
FU
T
U
R
E
EV
E
R
V
A
I
L
&
MO
U
N
T
A
I
N
A
C
C
E
S
S
LI
O
N
S
H
E
A
D
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
V.
T
.
C
.
L.T
.C
.
MU
N
I
C
I
P
A
L
C
E
N
T
E
R
/
HO
S
P
I
T
A
L
VA
I
L
VI
L
L
A
G
E
VA
I
L
M
O
U
N
T
A
I
N
A
C
C
E
S
S
Va
i
l
E
x
i
t
No
.
7
6
(M
a
i
n
E
n
t
r
a
n
c
e
)
Va
i
l
E
x
i
t
No
.
1
7
3
(W
e
s
t
E
n
t
r
a
n
c
e
)
PE
D
E
S
T
R
I
A
N
OV
E
R
P
A
S
S
70
70
48
40
TO
T
A
L
96
4
(
1
7
9
1
)
2.
7
%
TO
T
A
L
12
7
6
(
1
8
2
4
)
2.
2
%
4/1/2014
I-
7
0
V
a
i
l
U
n
d
e
r
p
a
s
s
Pu
b
l
i
c
W
o
r
k
s
D
e
p
a
r
t
m
e
n
t
Ap
r
i
l
1
,
2
0
1
4
4/1/2014
I-
7
0
V
a
i
l
U
n
d
e
r
p
a
s
s
Pr
o
j
e
c
t
S
t
a
t
u
s
:
P
r
e
f
e
r
r
e
d
L
o
c
a
t
i
o
n
2
To
w
n
o
f
Va
i
l
|
Pu
b
l
i
c
Wo
r
k
s
|
4/
1
/
1
4
4/1/2014
I-
7
0
V
a
i
l
U
n
d
e
r
p
a
s
s
Pr
o
j
e
c
t
U
p
d
a
t
e
TR
A
F
F
I
C
A
N
A
L
Y
S
I
S
P
R
E
S
E
N
T
A
T
I
O
N
•
Va
i
l
T
r
a
n
s
p
o
r
t
a
t
i
o
n
M
a
s
t
e
r
P
l
a
n
,
A
d
o
p
t
e
d
2
0
0
9
•
B
e
h
i
n
d
t
h
e
n
u
m
b
e
r
s
a
n
d
t
h
e
a
s
s
u
m
p
t
i
o
n
s
•
Un
d
e
r
p
a
s
s
T
r
a
f
f
i
c
A
n
a
l
y
s
i
s
•
U
p
d
a
t
e
s
t
o
t
h
e
V
T
M
P
•
P
r
o
j
e
c
t
T
r
a
f
f
i
c
A
n
a
l
y
s
i
s
•
In
t
e
r
s
e
c
t
i
o
n
E
v
a
l
u
a
t
i
o
n
C
r
i
t
e
r
i
a
•
Ne
x
t
S
t
e
p
s
•
A
d
d
i
t
i
o
n
a
l
i
n
f
o
r
m
a
t
i
o
n
n
e
e
d
e
d
t
o
e
n
d
o
r
s
e
i
n
t
e
r
s
e
c
t
i
o
n
?
3
To
w
n
o
f
Va
i
l
|
Pu
b
l
i
c
Wo
r
k
s
|
4/
1
/
1
4
4/1/2014
I-
7
0
V
a
i
l
U
n
d
e
r
p
a
s
s
Va
i
l
T
r
a
n
s
p
o
r
t
a
t
i
o
n
M
a
s
t
e
r
P
l
a
n
VA
I
L
T
R
A
N
S
P
O
R
T
A
T
I
O
N
M
A
S
T
E
R
P
L
A
N
•
Ad
o
p
t
e
d
M
a
y
2
0
0
9
•
Tr
a
f
f
i
c
P
r
o
j
e
c
t
i
o
n
s
•
B
a
s
e
l
i
n
e
e
x
i
s
t
i
n
g
t
r
a
f
f
i
c
c
o
u
n
t
s
d
u
r
i
n
g
w
i
n
t
e
r
2
0
0
5
/
0
6
•
R
e
p
r
e
s
e
n
t
s
1
5
th
Bu
s
i
e
s
t
T
r
a
f
f
i
c
D
a
y
i
n
V
a
i
l
•
P
r
o
j
e
c
t
e
d
b
u
i
l
d
o
u
t
o
f
V
a
i
l
•
4
8
S
p
e
c
i
f
i
c
R
e
-
d
e
v
e
l
o
p
m
e
n
t
p
r
o
j
e
c
t
s
(
2
8
0
0
n
e
t
n
e
w
P
M
t
r
i
p
s
t
o
w
n
w
i
d
e
)
•
3
6
%
a
v
e
r
a
g
e
r
e
d
u
c
t
i
o
n
f
o
r
T
r
a
n
s
i
t
a
n
d
W
a
l
k
-
a
b
i
l
i
t
y
(
D
e
p
e
n
d
s
o
n
l
o
c
a
t
i
o
n
)
•
A
d
d
e
d
0
.
5
%
b
a
c
k
g
r
o
u
n
d
g
r
o
w
t
h
r
a
t
e
p
e
r
y
e
a
r
•
Tr
a
f
f
i
c
O
p
e
r
a
t
i
o
n
s
•
T
r
a
f
f
i
c
d
e
s
i
g
n
L
e
v
e
l
o
f
S
e
r
v
i
c
e
(
L
O
S
)
C
(
I
d
e
a
l
)
a
n
d
D
(
S
n
o
w
y
)
•
B
a
s
e
d
o
n
g
r
a
d
e
d
s
c
a
l
e
f
r
o
m
A
-
F
4
To
w
n
o
f
Va
i
l
|
Pu
b
l
i
c
Wo
r
k
s
|
4/
1
/
1
4
4/1/2014
I-
7
0
V
a
i
l
U
n
d
e
r
p
a
s
s
Va
i
l
T
r
a
n
s
p
o
r
t
a
t
i
o
n
M
a
s
t
e
r
P
l
a
n
Wh
y
d
e
s
i
g
n
t
o
t
h
e
1
5
th
Bu
s
i
e
s
t
T
r
a
f
f
i
c
D
a
y
i
n
V
a
i
l
?
•
Ac
c
o
m
m
o
d
a
t
e
o
u
r
g
u
e
s
t
s
,
p
r
o
v
i
d
e
W
o
r
l
d
C
l
a
s
s
e
x
p
e
r
i
e
n
c
e
•
To
w
n
a
n
d
B
u
s
i
n
e
s
s
e
s
d
e
p
e
n
d
o
n
W
i
n
t
e
r
&
S
u
m
m
e
r
S
e
a
s
o
n
s
•
Ho
l
i
d
a
y
s
&
S
p
e
c
i
a
l
E
v
e
n
t
s
(
4
0
-
5
0
p
e
r
y
e
a
r
)
;
•
C
h
r
i
s
t
m
a
s
&
N
e
w
Y
e
a
r
s
(
7
D
a
y
s
)
•
M
a
r
t
i
n
L
u
t
h
e
r
K
i
n
g
W
e
e
k
e
n
d
(
3
D
a
y
s
)
•
P
r
e
s
i
d
e
n
t
s
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4/1/2014
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7
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4/1/2014
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4/1/2014
I-
7
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4/
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1
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4/1/2014
I-
7
0
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y
1
9
.
1
/ LO
S
C
1
2
.
4
/ LO
S
B
2
3
.
8
/ LO
S
C
1
1
.
5
/ LO
S
B7
.
5
/ LO
S
A7
.
4
/ LO
S
A17.6 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
9
9
.
2
/ LO
S
F
4
6
.
8
/ LO
S
E
1
4
.
1
/ LO
S
B
2
1
.
6
/ LO
S
C
1
5
.
6
/ LO
S
C
1
1
.
5
/ LO
S
B15.7 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
3
6
6
.
6
/ LO
S
F
6
9
.
3
/ LO
S
F
7
9
.
2
/ LO
S
F
3
3
.
6
/ LO
S
D
2
1
.
2
/ LO
S
C
1
6
.
1
/ LO
S
C23.8 / LOS C
Al
t
e
r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
4
By
p
a
s
s
Te
e
Va
i
l
I‐70
Un
d
e
r
p
a
s
s
In
t
e
r
s
e
c
t
i
o
n
An
a
l
y
s
i
s
‐
Id
e
a
l
Co
n
d
i
t
i
o
n
s
;
Me
d
i
u
m
Tr
a
f
f
i
c
Fo
r
e
c
a
s
t
s
No
r
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
i
o
n
Sc
e
n
a
r
i
o
2040 Build‐Out
Al
t
e
r
n
a
t
i
v
e
6
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Al
l
Wa
y
St
o
p
Mo
d
i
f
i
e
d
Te
e
‐
Un
d
e
r
p
a
s
s
Fr
e
e
Fr
o
n
t
a
g
e
Ro
a
d
St
o
p
Tr
a
d
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t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
e
Al
t
e
r
n
a
t
i
v
e
3A
l
t
e
r
n
a
t
i
v
e
5Alternative7 Traffic Signal
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
y
AM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
3
.
9
/ LO
S
A
2
1
.
5
/ LO
S
C
1
6
.
4
/ LO
S
C9
.
3
/ LO
S
A9
.
1
/ LO
S
A8
.
7
/ LO
S
A12.1 / LOS B
AM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
2
4
.
0
/ LO
S
C
3
3
.
8
/ LO
S
D8
.
8
/ LO
S
A
1
0
.
3
/ LO
S
B
1
1
.
7
/ LO
S
B
1
1
.
7
/ LO
S
B14.1 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
1
6
.
4
/ LO
S
C
2
6
.
3
/ LO
S
D
1
1
5
.
4
/ LO
S
F
2
0
.
5
/ LO
S
C
2
3
.
3
/ LO
S
C
1
0
.
4
/ LO
S
B14.5 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
1
4
9
.
7
/ LO
S
F
4
8
.
7
/ LO
S
E
8
9
2
.
8
/ LO
S
F
3
2
.
7
/ LO
S
D
3
4
.
8
/ LO
S
D
1
1
.
6
/ LO
S
B19.2 / LOS B
2040 Build‐Out
Sc
e
n
a
r
i
o
Al
t
e
r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
3
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
e
Tr
a
d
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t
i
o
n
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l
Te
e
‐
Al
l
Wa
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St
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p
Mo
d
i
f
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d
Te
e
‐
Un
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r
p
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s
s
Fr
e
e
Fr
o
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t
a
g
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Ro
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St
o
p
By
p
a
s
s
Te
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Al
t
e
r
n
a
t
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v
e
4
So
u
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h
Fr
o
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t
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g
e
Ro
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d
In
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r
s
e
c
t
i
o
n
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
Al
t
e
r
n
a
t
i
v
e
5A
l
t
e
r
n
a
t
i
v
e
6
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
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t
Alternative7 Traffic Signal
4/1/2014
AM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
7
.
2
/ LO
S
A
1
2
.
8
/ LO
S
B9
.
0
/ LO
S
A
1
1
.
6
/ LO
S
B8
.
2
/ LO
S
A7
.
4
/ LO
S
A13.3 / LOS B
AM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
2
9
.
8
/ LO
S
D
1
4
.
8
/ LO
S
B
4
0
.
6
/ LO
S
E
1
3
.
1
/ LO
S
B8
.
9
/ LO
S
A8
.
9
/ LO
S
A17.1 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
2
3
6
.
3
/ LO
S
F
5
2
.
2
/ LO
S
F
4
4
.
4
/ LO
S
E
3
7
.
6
/ LO
S
E
5
2
.
2
/ LO
S
F
2
9
.
7
/ LO
S
D19.2 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
8
7
9
.
3
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S
F
7
2
.
0
/ LO
S
F
3
4
1
.
1
/ LO
S
F
6
6
.
9
/ LO
S
F
3
1
.
6
/ LO
S
D
1
7
.
9
/ LO
S
C27.1 / LOS C
Va
i
l
I‐70
Un
d
e
r
p
a
s
s
In
t
e
r
s
e
c
t
i
o
n
An
a
l
y
s
i
s
‐
Sn
o
w
Co
n
d
i
t
i
o
n
s
;
Me
d
i
u
m
Tr
a
f
f
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c
Fo
r
e
c
a
s
t
s
No
r
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
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o
n
Sc
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n
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r
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t
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r
n
a
t
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v
e
1A
l
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n
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t
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v
e
2A
l
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r
n
a
t
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v
e
3A
l
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r
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t
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4A
l
t
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n
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e
5A
l
t
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r
n
a
t
i
v
e
6Alternative7 Traffic Signal
2040 Build‐Out
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
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t
r
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l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
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Tr
a
d
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n
a
l
Te
e
‐
Al
l
Wa
y
St
o
p
Mo
d
i
f
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e
d
Te
e
‐
Un
d
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r
p
a
s
s
Fr
e
e
Fr
o
n
t
a
g
e
Ro
a
d
St
o
p
By
p
a
s
s
Te
e
S
i
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
y
AM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
6
.
1
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S
A
3
4
.
8
/ LO
S
D
1
1
.
5
/ LO
S
B
1
0
.
0
/ LO
S
A
1
2
.
1
/ LO
S
B
1
1
.
5
/ LO
S
B12.0 / LOS B
AM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
4
3
.
3
/ LO
S
E
6
1
.
2
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S
F
2
1
.
0
/ LO
S
C
1
1
.
2
/ LO
S
B
1
6
.
6
/ LO
S
C
1
6
.
6
/ LO
S
C12.8 / LOS B
PM
Pe
a
k
Av
e
r
a
g
e
De
l
a
y
5
8
.
0
/ LO
S
F
3
6
.
0
/ LO
S
E
3
2
9
.
9
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S
F
33
.
5
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S
D
6
0
.
0
/ LO
S
F
1
4
.
1
/ LO
S
B18.1 / LOS B
PM
Pe
a
k
Cr
i
t
i
c
a
l
Mo
v
e
m
e
n
t
De
l
a
y
5
8
1
.
0
/ LO
S
F
6
5
.
5
/ LO
S
F
2
5
7
4
.
5
/ LO
S
F
6
1
.
3
/ LO
S
F
1
0
1
.
7
/ LO
S
F
1
6
.
6
/ LO
S
C25.2 / LOS C
So
u
t
h
Fr
o
n
t
a
g
e
Ro
a
d
In
t
e
r
s
e
c
t
i
o
n
Sc
e
n
a
r
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o
Al
t
e
r
n
a
t
i
v
e
1A
l
t
e
r
n
a
t
i
v
e
2A
l
t
e
r
n
a
t
i
v
e
3A
l
t
e
r
n
a
t
i
v
e
4A
l
t
e
r
n
a
t
i
v
e
5A
l
t
e
r
n
a
t
i
v
e
6
2040 Build‐Out
Alternative7
Tr
a
d
i
t
i
o
n
a
l
Te
e
‐
Un
d
e
r
p
a
s
s
St
o
p
Co
n
t
r
o
l
l
e
d
,
Fr
o
n
t
a
g
e
Ro
a
d
Fr
e
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Tr
a
d
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t
i
o
n
a
l
Te
e
‐
Al
l
Wa
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St
o
p
Mo
d
i
f
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d
Te
e
‐
Un
d
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p
a
s
s
Fr
e
e
Fr
o
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t
a
g
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Ro
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p
By
p
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s
s
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S
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La
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d
a
b
o
u
t
Si
n
g
l
e
La
n
e
Ro
u
n
d
a
b
o
u
t
with Auxiliary
La
n
e
s
Traffic Signal
4/1/2014
0
500
1000
1500
2000
FELSBURG
HOLT&
ULLEVIG
North Frontage Road
2040 PM Peak Hour
SNOWY CAPACITY
LOS D/E
Ve
h
i
c
l
e
s
P
e
r
H
o
u
r
1325 Low
IDEAL CAPACITY
LOS C/D
1805
1625
1415
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
ByPass Tee
1620
1510
1290
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
Queue > Storage
ByPass Tee
Queue > Storage
1790 High
1560
1560 Vph
670 Existing
400 Diverted
55 General Growth
435 Development Growth
Would result in excessive queue between North & South Frontage Roads
Would result in excessive queue on westbound North Frontage Road
4/1/2014
0
500
1000
1500
2000
2500
FELSBURG
HOLT&
ULLEVIG
South Frontage Road
2040 PM Peak Hour
SNOWY CAPACITY
LOS D/E
Ve
h
i
c
l
e
s
P
e
r
H
o
u
r
1345 Low
Would result in excessive queue between North & South Frontage Roads
Would result in excessive queue on westbound South Frontage Road
IDEAL CAPACITY
LOS C/D
2185
1485
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
ByPass Tee
Queue > Storage
1950
1320
1330
1-Lane Roundabout
w/Auxiliary Lanes
1-Lane Roundabout
Queue > Storage
ByPass Tee
1825 High
1585
1585 Vph
985 Existing
100 Diverted
80 General Growth
420 Development Growth
1475
4/1/2014
I-
7
0
V
a
i
l
U
n
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p
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Ev
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•
LO
S
C
&
D
•
Va
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Sa
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V
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,
B
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,
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)
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(
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,
D
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14
To
w
n
o
f
Va
i
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|
Pu
b
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Wo
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s
|
4/
1
/
1
4
4/1/2014
I-70 V
a
i
l
U
n
d
e
r
p
a
s
s
Conceptual Drawing: Bypass "T
"
4/1/2014
I-70 V
a
i
l
U
n
d
e
r
p
a
s
s
Conceptual Drawing: 5C1 (with
s
i
n
g
l
e
l
a
n
e
r
o
u
n
d
a
b
o
u
t
s
)
4/1/2014
I-70 V
a
i
l
U
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d
e
r
p
a
s
s
Conceptual Drawing: Original 5
C
1
w
i
t
h
A
u
x
i
l
i
a
r
y
L
a
n
e
4/1/2014
4/1/2014
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4/1/2014
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: First reading of Ordinance No. 10, Series 2014, an Ordinance making budget
adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer
Tax Fund, Conference Center Fund, Dispatch Services Fund, Heavy Equipment Fund, Debt
Service Fund and Timber Ridge Enterprise Fund of the 2014 budget for the Town of Vail
PRESENTER(S): Kathleen Halloran
ACTION REQUESTED OF COUNCIL: Approve or approve with amendments Ordinance No.
10, Series 2014
BACKGROUND: Please see attached memorandum
STAFF RECOMMENDATION: Approve or approve with amendments Ordinance No. 10,
Series 2014
ATTACHMENTS:
Ord 10
4/1/2014
TO: Vail Town Council
FROM: Finance Department
DATE: March 26, 2014
SUBJECT: 2013 Results and 2014 Supplemental Appropriation
I. SUMMARY
The completion of the 2013 financials sets the stage for this supplemental appropriation of 2014
with the identification of capital projects that span more than one year and need to have funding
re-appropriated to the current year. In Tuesday evening’s session, you will be asked to approve
the first reading of Ordinance No. 10 making supplemental appropriations and adjustments to
the 2014 budget. The following information is provided for your review:
Summary of Revenue, Expenditures, and Changes in Fund Balances – 2013 Actual
Compared with Amended Budget and 2014 including the proposed supplemental
appropriation
Ordinance No. 10, Series 2014
II. DISCUSSION
2013 RESULTS
Across all funds and revenue accounts for 2013, total revenue of $53.6 million is down 2.5%
from 2012 mainly due to fewer reimbursements from the Vail Reinvestment Authority during the
year. Without that item, the town’s revenue experienced an increase of 4.2% from prior year
and exceeded budget by 3.7%.
Sales tax collections reached $22.0 million for the first time, a 10% increase over 2012 and a
12% increase over the pre-recession high reached in 2008. Throughout the year sales tax
collections showed solid increases, with only April (impacted by the timing of Easter) and May
(only 2.5% of annual collections) failing to reach monthly records. Summer activity was strong
with lodging occupancy and average daily room rate each up 3% from the prior summer. Winter
of 2013-14 is continuing the trend, with November through February collections all at record
highs and an overall increase of 8.4% over those same months last winter.
Real estate transfer tax collections in 2013 of $4.7 million decreased 13 percent from prior year
mainly due to reduced sales of properties from major redevelopment projects, which can vary
greatly each year. “Base” real estate sales were also down 4.3% from prior year.
Construction activity improved, with Construction Use Tax of $1.4 million exceeding prior year
by 11% and permit fee revenue of $1.4 million up 5%.
4/1/2014
- 2 -
Ski Lift tax collections of $4.0 million were up 16.7% from prior year.
Parking revenue of $4.2 million has increased by 21% compared to 2013, although has not
reached previous year’s highs in 2009 and 2010.
2013 expenditures totaled $67.3 million compared to $90.8 million budgeted. Of the $23.5
million variance, $20.0 million is requested for re-appropriation for capital projects currently
underway. The remaining savings of $3.5 million is outlined in the below chart:
Fund Savings Reason
General Fund $ 929,885 Operational savings of $616K, staffing vacancies of
$285,880 and reduced heavy equipment charges of
$69,711
Capital Projects Fund $1,087,296 Lionshead portal entry projects saved $263K,
Parking structure capital maintenance saved $246K,
parking enhancements at Safeway saved $227K;
Capital street projects saved $80K; various systems
projects saved $114K and bridge projects saved
$62K
Real Estate Transfer Tax
Fund
$522,714 Frontage road widening / bike lane projects saved
$227K, annual operations of the parks department,
forest health and environmental sustainability saved
$204K; Rec Path capital maintenance saved $25K
Dispatch Service Fund $140,787 Operational savings and staffing vacancies
Health Insurance Fund $594,100 Savings in annual health claims, which helps to
offset the previous three years of increased claims
experience
Heavy Equipment Fund $116,413 Operational savings and staffing vacancies
General Fund operating expenditures of $30.1 million came in below budget by nearly $1.0
million, or 2.9%. The savings came from general operating savings of $616,073, salary and
benefit savings of approximately $285,880 and reduced heavy equipment charges of $69,711.
Operational savings included utilities of $94K, professional development of $50.6K, snowmelt of
$48K and various other items.
As a result, the General Fund fund balance ending December 2013 totals $16.4 million, or 51%
of annual revenues.
4/1/2014
- 3 -
2014 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re-appropriate funds for 2014 capital projects that
were started in 2013 and are continuing into this year, or projects that did not begin as planned
in 2013. There are also adjustments needed to reflect events or decisions that occurred after
the 2014 budget was finalized.
General Fund
Revenue will be adjusted by a net decrease of $1,300, which is made up of both increases and
decreases to the budget. Franchise fee revenue projections are increasing by $75,000 to reflect
recent revisions to the Xcel Energy agreement; $35,200 of revenue will be offset with
corresponding expenditures for an All-Hazards Incident Management Team (AHIMT) workshop
($18K) and a police officers overtime relating to work done for the DEA ($17.2K). These
increases are offset by a reduction to the original budget for Property Tax ($111.5K) based on
the November ’13 update from the County Assessors’ office.
General Fund expenditures are proposed to increase a total of $326,900:
$200K is a carryover from 2013 for the Council contribution to the Castle Peak Senior
Care Center facility construction. The funds were not requested until mid-March of
2014, past the deadline for 2013 expenditures.
$50,000 was approved by Council on Dec. 3rd to increase the CSE’s budget for the new
Blue Grass music event. On Dec. 3rd, Council stipulated that this was a one-time
allocation of funding pending a review of the event’s success.
$25,500 is related to a special assessment on the town-owned property at Vail Village
Inn, Phase IV due to legal costs incurred by the homeowner’s association.
$13,200 is requested to fund the transport costs to move sports teams to other field
locations during the Ford Park Field construction. The intent is to keep annual sporting
events such as the Kick-It Soccer in Vail for the overnight stays and keep them coming
back to Vail in future years.
$18K AHIMT workshop (reimbursed by the state)
$17.2K overtime costs relating to police officer’s time on Drug Enforcement Agency
activity (to be reimbursed by the DEA).
$3,000 Library grant funds were received in 2013 but will be spent in 2014.
The above adjustments to the General Fund 2014 budget result in an estimated fund balance of
$14.9 million by the end of 2014, or 47% of annual revenues.
Capital Projects Fund
Revenue will be adjusted by a total increase of $594,000. A majority of these funds ($475K)
will be reimbursement from CDOT for continuation of the I-70 Underpass project. $90,000 of
funds will be generated from public safety agencies contributing to the Mobile Communications
Van project (along with funds received in 2013 will equate to 50% of funding for the van.)
$29,000 of grant dollars from the Northwest Council of Governments will offset expenditures in
2013 for an Emergency Operations Center (EOC) equipped in the West Vail Fire Station.
Staff is requesting to supplement 2014 expenditures by a total of $6.2 million. Of this, $6.1
million represents projects budgeted in 2013 but not yet completed such as the Vail Village
Information Center renovation, Guest Service Enhancements / Wayfinding, I-70 Underpass,
mobile communications vehicle, continued implementation of a new permitting system for
Community Development and energy enhancement programs. Other requests included in this
4/1/2014
- 4 -
re-appropriation of funds involve project funding that is maintained from year to year such as the
housing buy-down program ($1.1 million).
New projects or increases requested include:
$820,000 to cover the full amount of the contract for consulting (will span several years)
on the I-70 Underpass project as approved by Council.
$95,000 additional funding for the Lionshead Parking Entry project, as approved by
Council on March 18th
The removal of the Lionshead Median project ($950,000) net of outstanding bills already
incurred. The remaining budget amount will be further reduced once the final bills have
come in.
Transfer of funds from the Vail Reinvestment Authority shows a reduction of $704,565 to reflect
projects carried over from the prior year offset by the cancellation of the Lionshead Median
project.
A transfer of $21,311 from the Debt Service Fund will clean out the remaining balance in that
fund, and re-allocate to the Capital Projects Fund where the debt service funding originated.
All of the above adjustments will result in an estimated fund balance of $13.7 million by the end
of 2014.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will increase by $1.165 million for reimbursement from the VRD relating to
redevelopment of the Vail Golf and Nordic Center Clubhouse. This was originally budgeted in
2012 and 2013, and is being carried forward into 2014.
Staff is requesting to supplement 2014 expenditures by a total of $13.9 million, all but $130,000
relates to re-appropriation of unspent dollars from 2013 to continue ongoing projects. The
additional $130,000 is requested to replace two large boilers at the Dobson Ice Arena. The
boilers were on the capital maintenance schedule for replacement in 2017, but due to urgent
repairs needed staff is recommending replacement now rather than spending significant dollars
to repair them.
A transfer of funds is requested for an increase to the Library Recreation Path project of
$40,000 coming from savings in 2013 for Recreation Path Capital Maintenance. These dollars
would be used for design and planning.
The proposed budget adjustments will result in an estimated fund balance of $2.2 million by the
end of 2014.
Conference Center Fund
The 2013 budget included the remainder of full cost of the projects approved by voters,
specifically $2.1 million contribution toward improvements to the Ford Park Amphitheater
project, $3.8 million contribution toward a redevelopment of the Vail Golf and Nordic Center
Clubhouse and $3.5 million contribution toward improvements to Ford Park. While there have
been no Conference Center Funds spent on the Vail Golf and Nordic Center Clubhouse , during
2013 approximately $4.9 million was reimbursed to the RETT Fund for Ford Park improvements
and $842,694 was reimbursed to the Vail Valley Foundation for work done on the Ford
Amphitheater. Staff is requesting to re-appropriate the remaining dollars for 2014, totaling $1.8
4/1/2014
- 5 -
million. This would allow for reimbursement to the RETT Fund for further construction at Ford
Park and potentially the Vail Golf and Nordic Center Clubhouse.
Dispatch Services Fund
Dispatch Services is requesting a re-appropriation of $3,000 for final bills owed on the upgrade
of the Intergraph system completed in 2013.
Heavy Equipment Fund
Several replacement vehicles were ordered (and budgeted for) in 2013, but delivery will take
place in 2014. A re-appropriation of $148,964 is requested to cover payment for two public
safety vehicles, a Polaris ranger for the landscape and streets crews, and plow truck equipment.
In addition, Council recently approved a study on alternative fuels for the bus fleet. A total of
$15,400 is included in the supplemental for that study.
Debt Service Fund
With no remaining town-owed debt, the balance left in this fund ($21,311) will be transferred to
the Capital Projects Fund since that was the original source of funding for the debt service
payments.
Timber Ridge (Enterprise) Fund
This supplemental appropriation includes an amended budget for operations of Timber Ridge
Apartments after the eastern half of the property is leased for redevelopment on May 1 and the
town proposes significant improvements to the remaining units on the western side. The
amendment assumes the following:
Revenue: 94 rentable units remain on the western side with 54 units under master lease to Vail
Resorts and 40 units available for individual leases. The new one-year lease rate for individual
units will be $1,125 per month, a $100 per month increase from the current one-year rate and in
line with comparable properties.
Operating Expenditures are reduced by a total of $67K. Major reductions resulting from the
reduced size of the property include the management fee paid to Corum Real Estate Group
dropping from $7,500 to $4,750 per month for 2014 savings of $22K and utility costs for eastern
half of property reduced $60K. Reductions in wages and labor expected later in the year are
essentially offset by increased costs in temporary labor and administration during the transition
from 198 units to 94 units. Unrelated to the reduced size of the property, the budget for
plumbing repairs is increased by $21K to comply with town code for replacement and
management of failing hot water heaters, which requires a building permit and a licensed
plumber to perform the work.
Capital Outlay: Significant improvements are proposed for the portion of the property the town
will continue to operate after redevelopment begins. Although basic maintenance has been
performed on an ongoing basis and major exterior replacements including windows and roofs
have been completed, unit interiors have deteriorated over time while decisions on
redevelopment of the eastern side were made. The capital outlay included in this supplemental
appropriation totals $1,182,206 and includes $700K for interior unit renovations and $330K for
exterior repairs plus 10% contingency and 4.5% construction management fees on all projects.
Sufficient fund balance is available in the Timber Ridge Enterprise Fund to cover the proposed
capital outlay leaving an estimated $534K, or 39% of revenue, in fund balance at the end of
2014.
4/1/2014
- 6 -
Interior unit renovations are proposed for 35 units at an estimated cost of $20K per unit to be
completed over the course of the summer with the first nine units beginning in April to
accommodate tenants moving from the east to west side of the property. A resolution
authorizing the award of a contract not to exceed $188,000 to Reconstruction Experts, Inc., for
the first nine units is on the Council agenda for this evening.
Proposed interior renovations include:
new pre-hung entry door and new hardware
replace all window coverings, receptacles, GFIs, switches, light fixtures, baseboard heaters and
thermostats
new Bradford 40-gallon water heater
resurface kitchen countertops, replace kitchen sick, faucet and P-trap assembly
replace all interior doors and hardware
remove bathroom wall tiles and replace with moisture resistant drywall
reframe and install new bath tub and shower enclosure, tub fixtures and shower valve assembly
replace bathroom sink, sink top, vanity, toilet, faucet and medicine cabinet and install new paper
holder and towel bar
fully repaint unit including kitchen cabinets
new carpet and repair of any damaged subflooring if needed
Exterior improvements include deck post and railing repairs ($163.9K), roof extension and
concrete repairs for Building M ($12.5K), drainage repairs including grading, swales, catch
basins and pipes ($113.5K), soffit and fascia repairs ($11.7K), and fire panel and electrical
boxes to accommodate division of the property ($18.4K).
4/1/2014
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4/1/2014
201320142014
Amended2013VarianceOriginal1stProposed
BudgetActualFav / (Unfav)BudgetSupplementalAmended
Revenue
Earnings on Investments1,200 14,482 13,282 1,200 - 1,200
Total Revenue 1,200 14,482 13,282 1,200 - 1,200
Expenditures - General Government
Capital Outlay842,694 842,694 - - -
Total Expenditures 842,694 842,694 - - - -
Other Financing Sources (Uses)
Transfer to Real Estate Transfer Tax Fund(6,785,000) (4,948,682) 1,836,318 - 1,836,318 1,836,318
Revenue Over (Under) Expenditures (7,626,494) (5,776,894) 1,849,600 1,200 (1,836,318) (1,835,118)
Beginning Fund Balance7,719,784 7,719,784 93,290 1,849,600 1,942,890
Ending Fund Balance 93,290$ 1,942,890$ 94,490$ 107,772$
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER FUND
- 14 -
4/1/2014
2014
20132013Variance20141stProposed
AmendedActualFav / (Unfav)BudgetSupplementalAmended
Revenue
E911 Board Revenue 801,603$ 855,483$ 53,880$ 776,956$ -$ 776,956$
Interagency Charges1,127,338 1,126,687 (651) 1,151,619 - 1,151,619
Town of Vail Interagency Charge569,193 568,854 (339) 590,961 - 590,961
Earnings on Investments10,000 2,305 (7,695) 8,200 - 8,200
Other - 351 351 - - -
Total Revenue 2,508,134 2,553,681 45,547 2,527,736 - 2,527,736
Expenditures
Salaries & Benefits1,947,887 1,928,350 19,537 1,968,386 - 1,968,386
Operating, Maintenance & Contracts546,388 446,833 99,555 550,406 - 550,406
Capital Outlay 177,146 155,451 21,695 - 3,000 3,000
Total Expenditures 2,671,421 2,530,634 140,787 2,518,792 3,000 2,521,792
Revenue Over (Under) Expenditures(163,287)23,047186,3348,944(3,000)5,944
Other Financing Sources (Uses)
Transfer to Capital Projects Fund43,000 43,000 - - - -
Total Financing Sources (Uses)43,000 43,000 - - - -
Surplus Net of Transfers & New Programs (206,287) (19,953) 186,334 8,944 (3,000) 5,944
Beginning Fund Balance799,983 799,983 593,697 186,334 780,030
Ending Fund Balance 593,697$ 780,030$ 602,641$ 183,334$ 785,974$
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
- 15 -
4/1/2014
20142014
2013 2013VarianceOriginal1stProposed
Amended ActualFav / (Unfav)BudgetSupplementalAmendedComments
Revenue
Town of Vail Interagency Charge2,934,780$ 2,841,993$ (92,787)$ 3,011,352$ -$ 3,011,352$
Insurance Reimbursements & Other- 50,733 50,733 - - -
Earnings on Investments16,084 3,529 (12,555) 14,650 - 14,650
Equipment Sales and Trade-ins111,920 108,482 (3,438) 127,380 - 127,380
Total Revenue3,062,784 3,004,737 (58,047) 3,153,382 - 3,153,382
Expenditures
Salaries & Benefits1,016,396 880,983 135,413 973,366 - 973,366
Operating, Maintenance & Contracts1,434,948 1,453,948 (19,000) 1,467,074 15,400 1,482,474 Study on alternative fuels
Capital Outlay933,900 784,968 148,932 975,900 148,964 1,124,864 Re-appropriate for vehicles budgeted
in 2013, but not received until 2014
Total Expenditures3,385,244 3,119,900 265,344 3,416,340 164,364 3,580,704
Revenue Over (Under) Expenditures (322,460) (115,163) 207,297 (262,958) (164,364) (427,322)
Beginning Fund Balance2,400,209 2,400,209 2,077,749 207,297 2,285,047
Ending Fund Balance 2,077,749$ 2,285,047$ 1,814,791$ 1,857,725$
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
TOWN OF VAIL 2014 PROPOSED BUDGET
- 16 -
4/1/2014
2014
201320141stProposed
ActualBudgetSupplementalAmendedComments
Revenue
Transfer from Capital Projects Fund-$ -$ -$ -$
Earnings on Investments and Other40 - - -
Total Revenue40 - - -
Expenditures
Total Expenditures- - - -
Revenue Over (Under) Expenditures 40 - - -
Other Financing Sources (Uses)
Transfer to Capital Projects Fund- - (21,271) (21,311) Transfer balance to Capital
Projects Fund
Total Other Financing Sources (Uses)- - (21,271) (21,311)
Beginning Fund Balance21,271 21,271 40 21,311
Ending Fund Balance 21,311$ 21,271$ -$
DEBT SERVICE FUND
TOWN OF VAIL 2014 PROPOSED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
- 17 -
4/1/2014
Ordinance No. 10, Series of 2014
ORDINANCE NO. 10
SERIES OF 2014
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, CONFERENCE
CENTER FUND, DISPATCH SERVICE FUND, HEAVY EQUIPMENT FUND, DEBT SERVICE
FUND AND TIMBER RIDGE ENTERPRISE FUND OF THE 2014 BUDGET FOR THE TOWN
OF VAIL, COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH
HEREIN; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2014 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
15, Series of 2013, adopting the 2014 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2014 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 326,900
Capital Projects Fund 6,166,899
Real Estate Transfer Tax Fund 13,931,234
Conference Center Fund 1,836,318
Dispatch Services Fund 3,000
Heavy Equipment Fund 164,364
Debt Service Fund 21,311
Timber Ridge Enterprise Fund 961,007
Total $ 23,411,033
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
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Ordinance No. 10, Series of 2014
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 1st day of April, 2014, and a public hearing shall be held on this Ordinance
on the 15th day of April, 2014, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Andrew P. Daly, Mayor
ATTEST:
___________________________
Tammy Nagel, Acting Town Clerk
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Review of the proposed Timber Ridge Development Agreement
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the
proposed Timber Ridge Development Agreement
BACKGROUND: The Town of Vail ("Town") and Gorman & Company, Inc. ("Developer") are
in the final stages of implementing a redevelopment plan for the easternmost 5.24 acres of
property at the Timber Ridge Village Apartrments. To date, the Town and Developer have
agreed upon both a Ground Lease and Deed Restriction intended to facilitate the
redevelopment project. The approval of the Timber Ridge Development Agreement is one of
only a few remaining issues to address by the Town and Developer.
STAFF RECOMMENDATION: Town staff recommends the Vail Town Council approves the
Development Agreement as presented. Staff finds the proposed Agreement addresses all of
the necessary issues required to facilitate the redevelopment project as approved and agreed
upon by the two parties.
ATTACHMENTS:
Resolution No. 9, Series of 2014
Developer Improvement Agreement
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Resolution No. 9, Series 2014
RESOLUTION NO. 9
Series of 2014
A RESOLUTION APPROVING A TIMBER RIDGE DEVELOPMENT
AGREEMENT; 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 is the owner of certain real property generally described as
the eastern half of the Timber Ridge property (the “Property”);
WHEREAS, the Town wishes to facilitate the redevelopment of the Property
consistent with the Housing zone district and those plans approved by the Town of Vail
PEC and DRB; and
WHEREAS, to accomplish the redevelopment of the Property the Town desires to
enter into a Development Agreement (the “Agreement”) with its selected developer in the
form attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes the
Town Manager to enter into the Agreement 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 1st day of April, 2014.
_________________________
Andrew P. Daly
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Acting Town Clerk
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (the "Agreement") is made this ______ day of
_______________, 2014 (the "Effective Date"), by and between the Town of Vail, Colorado, a
Colorado home rule municipality (the "Town"), and Lion's Ridge Apartment Homes, LLC, a
Wisconsin limited liability company ("Developer") (individually a "Party" and collectively the
"Parties").
WHEREAS, the Town is the owner of certain real property, more particularly described in
Exhibit A attached hereto and incorporated herein by this reference (the "Property");
WHEREAS, the Town has agreed to lease the Property to Developer for development of the
Property for employee housing ("Development") pursuant to the Ground Lease dated
_____________________, 2014 and between the Town and Developer (the "Ground Lease");
WHEREAS the Development is subject to a Deed Restriction in the form attached to the
Ground Lease as Exhibit B;
WHEREAS, the Town and Developer entered into a Pre-Development Agreement dated
November 4, 2013 regarding the Property, which pre-Development Agreement shall be deemed
superseded by this Agreement; and
WHEREAS, the Parties wish to elaborate on the terms of the Development process and
parameters of the Development.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows:
1. Obligations of the Town. The Town covenants and agrees as follows:
a. The Town will be responsible for design and construction of any necessary rockfall
mitigation systems, at the Town's sole cost. The rockfall mitigation systems shall be designed and
constructed in accordance with Chapter 12-21 of the Vail Town Code. The rockfall mitigation shall
be complete on or before August 15, 2014 unless a later date is mutually agreed upon by both
Parties.
b. The Town and Developer shall grant to each other, for the benefit of the Property and
the Adjacent Property, such temporary construction easements across the Property and the Adjacent
Property that are mutually determined to be necessary for the Development. Upon completion of the
Development, appropriate permanent easements, including without limitation utility, drainage, and
access easements, will be granted by the Parties for the benefit of the Property and the Adjacent
Property.
c. The Town shall refund 100% of all amounts paid by the Developer for the Town's
construction and building materials use tax applicable to the Property, which refund shall be paid by
the Town to Developer within 5 business days after Developer's payment to the Town.
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2. Obligations of Developer. Developer covenants and agrees as follows:
a. The Development shall at all times be subject to the Vail Town Code, and Developer
shall be responsible for payment of the Town's typical and customary plan review fees for review of
all plans for the Property.
b. Developer shall be responsible for all demolition and building permit fees for permits
issued by the Town in connection with the Development.
c. Developer shall be solely responsible to procure financing for the Development. If
Developer wishes to use federal funds for the Development, it shall be Developer's sole
responsibility to procure such funds.
d. At no time shall the Development eliminate access to or the ability to safely occupy or
operate the Timber Ridge housing units currently existing on the real property adjacent to the
Property, as more particularly described in the Ground Lease (the "Adjacent Property").
e. Developer shall, at its sole cost, construct new improvements on the Property in
accordance with the construction standards set forth herein and other applicable law.
"Improvements" means any buildings, structures, signage, streets, sidewalks, utilities or other
improvements necessary for the Development and constructed or installed by or for Developer on the
Property. Developer shall commence construction of the Improvements by August 15, 2014, unless a
later date is mutually agreed to by both Parties, and shall achieve substantial completion of the
Improvements on or before the date that is 16 months after the date that Developer commences
construction of the Improvements, unless a later date is mutually agreed to by both Parties.
f. Developer shall cooperate with and coordinate with the Town regarding construction
of the rockfall mitigation.
g. Prior to issuance of a building permit, Developer shall submit and obtain approval of
a detailed waste removal management and operations plan specifically describing how waste and
recycling will be accommodated and managed on the site.
h. Prior to issuance of a building permit, Developer shall submit and obtain approval of
a construction staging plan to the Community Development Department for review and approval
which addresses such matters as materials staging, construction parking plan, construction and
occupancy phasing, temporary access, construction schedule, temporary utilities, traffic control, and
emergency access.
i. Prior to issuance of a certificate of occupancy, Developer shall apply for and record a
revocable right-of-way permit for any and all private property improvements located within Town
rights-of-way.
j. Prior to issuance of a building permit, Developer shall submit a Shoring and
Excavation Plan to the Community Development Department for review and approval, which shall
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address such matters as excavation phasing, engineered shoring plans, detailed profiles and cross-
sections, existing utilities, materials storage, and permanent and temporary easements.
k. Prior to the issuance of a certificate of occupancy, Developer shall make a one time
payment in lieu of transportation improvements to the Town for mitigation of development impacts
on the Town's transportation systems of $170,000.
l. Prior to issuance of a building permit, Developer shall submit and obtain approval of
an engineered analysis of gabion walls proposed to remain on the site. Said analysis shall address
the existing structural conditions of the walls, how the existing walls will be physically integrated
into the construction of the new retaining wall system, and how structural shoring will be provided
during construction. In no instance shall the design or construction negatively impact the adjacent
properties or improvements.
m. Prior to issuance of a building permit, Developer shall submit and obtain approval of
a revised grading plan for the west end of the Property demonstrating how the existing portions of
the parking lot and drive aisles to remain tie into the proposed new improvements.
n. Prior to applying for a building permit, Developer shall obtain a Notice to Proceed
from the Colorado Department of Transportation ("CDOT").
o. Developer shall not apply for a building permit until the Town has approved a parking
management plan for the Development.
3. Construction of Improvements.
a. All construction, alterations, renovations, repairs, refurbishment and other work on
the Property shall be performed in compliance with this Agreement, the Deed Restriction, the Vail
Town Code and the following:
b. Work shall be done in a workmanlike manner, in full compliance with all applicable
building codes, ordinances, and other laws or regulations of all governmental authorities having
jurisdiction.
c. No work shall be commenced without all licenses, permits, and authorizations
required by applicable law.
d. Developer shall have no right, authority or power to bind the Town or any interest of
the Town in the Property for any claim for labor or for material or for any other charge or expense
incurred in constructing any Improvements or performing any alteration, renovation, repair,
refurbishment or other work, nor to render the Town's interest in the Property liable for any lien or
right of lien for any labor, materials or other charge or expense.
e. Developer shall not be considered the agent of the Town in the construction, erection
or operation of any Improvements.
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f. If Developer fails to complete the Improvements as required by this Agreement, the
Town shall have the right, but not the obligation, to: complete the Improvements; restore the
Property to the condition it was prior to commencement of construction of the Improvements; or
restore the Property to a condition that the Town deems safe while awaiting completion of the
Improvements by another party; and to charge the costs thereof to Developer.
4. Development Fee. Developer shall be entitled to a development fee (the "Development Fee")
in connection with the Development. The amount of the Development Fee shall not exceed the
maximum development fee allowed by the Colorado Housing and Finance Authority under its
qualified allocation plan adopted on October 25, 2012 and approved by the governor on January 16,
2013. The Development Fee may be paid from any project sources including, without limitation,
debt proceeds, equity proceeds, and income from the Development.
5. Development Income. Income from the Development shall be distributed in the following
order of priority:
a. To pay all Development costs and operating and maintenance expenses, including
without limitation property management fees and the Development Fee.
b. To pay principal and interest on Development debt.
c. To fund any reserves required by any lender related to the Development (each a
"Lender Reserve").
d. To pay the required return on investment to any equity investors in the Development.
e. To fund a project reserve (the "Project Reserve"), which shall be used for any
shortfalls in subsections a-d hereof. Upon termination of the Ground Lease, if any amounts remain
in the Project Reserve or any Lender Reserve, such amounts shall be remitted to the Town.
f. In the event all Lender Reserves are fully funded in the amount required by the lender,
and the amount of the Project Reserve is at least $150,000, any amount in excess of $150,000 shall
be distributed 50% to the Town and 50% to Developer.
6. Term. This Agreement shall commence on the Effective Date, and shall terminate upon
termination of the Ground Lease.
7. Security. Developer shall require the general contractor responsible for constructing the
Improvements to provide a performance bond to Developer to guarantee the construction of the
Improvements. The performance bond shall be equal to the full amount of the cost of construction of
the Improvements. Developer shall provide a copy of such performance bond to the Town prior to
commencing construction of the Improvements.
8. Insurance. Throughout the term of this Agreement, Developer shall maintain the following
insurance, and certificates of such insurance shall be furnished to the Town within 30 days of the
Effective Date and at each subsequent policy renewal date:
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a. Commercial general liability insurance, including contractual liability, with limits of
not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage,
naming the Town as an additional insured.
b. Fire and extended coverage insurance covering the Property for injury or damage by
the elements, or through any other cause, in an amount not less than the full actual replacement cost
of the Property and Improvements, and sufficient to prevent the Town or Developer from becoming a
co-insurer of any partial loss.
c. During the course of any construction or repair of Improvements, Builders' Risk
Insurance.
9. Developer Default and Remedies.
a. Each of the following is a Developer default of this Agreement:
i. If Developer fails to perform any of its obligations under this Agreement and
fails to remedy the same within 30 days after Developer is given a written notice specifying
the same; provided that, if the nature of the violation is such that it cannot reasonably be
remedied within 30 days, and Developer provides evidence to the Town that the violation
cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon
as reasonably practicable, but in any case, within 180 days of the original notice of violation.
ii. If an involuntary petition is filed against Developer under a bankruptcy or
insolvency law or under the reorganization provisions of any law, or when a receiver of
Developer, or of all or substantially all of the property of Developer, is appointed without
acquiescence, and such petition or appointment is not discharged or stayed within 120 days
after the happening of such event.
iii. If Developer makes an assignment of its property for the benefit of creditors
or files a voluntary petition under a bankruptcy or insolvency law, or seeks relief under any
other law for the benefit of debtors.
b. If a Developer default occurs, the Town may, in its sole discretion and without
waiving any other rights under this Agreement or available to the Town:
i. Withhold issuance of certificates of occupancy not yet issued for any
buildings on the Property until said default has been remedied;
ii. Cause construction of all or part of the Improvements to be completed, and
recover the costs of such completion from Developer; and
iii. Cause the removal of any partially constructed Improvements and return of
the Property to the condition it was prior to the commencement of construction, and recover
the costs of such removal from Developer.
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c. In addition to the specific remedies set forth herein, the Town shall have all other
remedies available at law or equity, and the exercise of one remedy shall not preclude the
exercise of any other remedy, and any damages alleged by the Town may include lost rents.
d. If the Town proceeds to complete the Improvements, Developer shall, at the request
of the Town, promptly deliver a copy to the Town of all of Developer's plans and specifications
related to the Improvements.
10. Town Default and Remedies.
a. The following is a Town default of this Agreement: if the Town fails perform any of
its obligations under this Agreement and fails to remedy the same within 30 days after the Town is
given a written notice specifying the same; provided that, if the nature of the violation is such that it
cannot reasonably be remedied within 30 days, and the Town provides evidence to Developer that the
violation cannot reasonably be remedied within 30 days, then the violation shall be remedied as soon
as reasonably practicable, but in any case, within 180 days of the original notice of violation.
b. If a Town default occurs, Developer shall have all remedies available at law or equity,
and the exercise of one remedy shall not preclude the exercise of any other remedy.
11 . Notices. Any notice under this Agreement shall be in writing and may be given by U.S. Mail,
postage prepaid, addressed as set forth herein; or hand-delivery. Notice shall be effective three days
after mailing or immediately upon hand-delivery. The addresses of the Parties shall, unless changed
in writing, be as follows:
The Town: Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Developer: Lion's Ridge Apartment Homes, LLC
200 North Main Street
Oregon, WI 53575
Attn: Gary J. Gorman
With a copy to: Willis J. Wright, Jr.
Wright and Company, Inc.
P.O. Box 7270
Avon, CO 81620
12. Costs. Except as otherwise set forth herein, each Party shall be responsible for its own costs
under this Agreement.
13. Modification. This Agreement may only be modified by subsequent written agreement of the
Parties.
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14. Integration. This Agreement and any attached exhibits constitute the entire agreement
between Developer and the Town, superseding all prior oral or written communications. This
Agreement shall supersede the Pre-Development Agreement between the Town and Developer dated
November 4, 2013.
15. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties
and their respective heirs, successors and assigns.
16. Severability. If any provision of this Agreement is determined to be void by a court of
competent jurisdiction, such determination shall not affect any other provision hereof, and all of the
other provisions shall remain in full force and effect.
17. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County,
Colorado.
18. Assignment. There shall be no transfer or assignment of any of the rights or obligations of
Developer under this Agreement without the prior written approval of the Town; provided, however,
that Developer may make a single assignment of this Agreement to a limited liability company in
which Developer is a member without such prior written approval. Developer shall provide the
Town with written notice of such assignment within thirty (30) days thereof.
19. Third Parties. There are no intended third-party beneficiaries to this Agreement.
20. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any
financial obligations of the Town under this Agreement are specifically contingent upon annual
appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute
a debt or obligation of the Town within any statutory or constitutional provision.
21. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint
venture in any private entity or activity which participates in this Agreement, and the Town shall
never be liable or responsible for any debt or obligation of any participant in this Agreement.
22. Force Majeure. Neither the Town nor Developer shall be in breach of this Agreement if a
failure to perform any of the duties under this Franchise is due to Force Majeure, which shall be
defined as the inability to undertake or perform any of the duties under this Agreement due to acts of
God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of
nature or the authority and orders of government.
23. Recording. This Agreement shall be recorded with the Eagle County Clerk and Recorder
subsequent to the Deed Restriction, but prior to any mortgage or other encumbrance on the
Improvements or the Property. The obligations of Developer under this Agreement shall run with
the land, and shall be binding on any subsequent holder of an interest in the Improvements or in the
Property.
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WHEREFORE, the Parties have executed this Agreement on the day and year first above
written.
TOWN OF VAIL, COLORADO
____________________________________
Andy P. Daly, Mayor
ATTEST:
_________________________________
Tammy Nagel, Acting Town Clerk
LION'S RIDGE APARTMENTS, LLC
By:
Name:
Its:
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to, and acknowledged before me this
______ day of ________________________, 2014, by _________________________ as the
_______________________ of Lion's Ridge Apartments, LLC.
My commission expires:
(S E A L) _____________________________________
Notary Public
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EXHIBIT A
LEGAL DESCRIPTION
Lot 2, Timber Ridge Subdivision, A Resubdivision of Lion's Ridge Subdivision, Block C, A
Resubdivision of Lots 1, 2, 3, 4 & 5, Town of Vail, County of Eagle, State of Colorado.
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: A resolution authorizing the Town Manager to enter into a professional
services agreement with Reconstruction Experts, Inc. for the renovation of units at the Timber
Ridge Village Apartments.
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications or Deny
BACKGROUND: The Timber Ridge Affordable Housing Corporation, acting on behalf of the
Town of Vail, has identiifed the need to complete interior renovations to at least nine dwelling
units at the Timber Ridge Village Apartments. The scope of the renovation work is outlined in
Exhibit A of the Construction Contract. The estimated total cost of the work is approximately
$188,000. The renovation work is expected to start in early April and to be fully completed by
April 30, 2104. The Corporation has determined that this is the correct time to complete
renovation work as a large number of units will become vacate during the month of April as
redevelopment of the east side is set to begin in May.
STAFF RECOMMENDATION: The Town staff and TRAHC recommends the Vail Town
Council approves Resolution no. 12, Series of 2014 as presented.
ATTACHMENTS:
Contract Document
Resolution No. 12, Series of 2014
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Resolution No. 12, Series 2014
RESOLUTIO O. 12
Series of 2014
A RESOLUTIO AUTHORIZIG THE TOW MAAGER TO ETER ITO A
PROFESSIOAL SERVICES AGREEMET WITH RECOSTRUCTIO
EXPERTS, IC. FOR THE REOVATIO OF UITS AT THE T IMBER
RIDGE VILLAGE APARTMETS; AD SETTIG FORTH DETAILS I
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 is the owner of certain real property generally described as
the Timber Ridge Village Apartments located at 1281 North Frontage Road (the
“Property”);
WHEREAS, the Town wishes to undertake the renovation of units on Property
consistent with the approved development plan,
WHEREAS, to accomplish the renovation of units on the Property the Town
desires to enter into a Professional Services Agreement (the “Agreement”) with its
selected contractor in the form attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Agreement and authorizes the
Town Manager to enter into the Agreement 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.
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Resolution No. 12, Series 2014
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 1st day of April, 2014.
_________________________
Andrew P. Daly
Town Mayor
ATTEST:
_____________________________
Tammy Nagel,
Acting Town Clerk
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Second reading of Ordinance No. 8, Series of 2014, an ordinance for
prescribed regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to amend Section 12-2-2: Definitions of Words and Terms pertaining to Commercial Ski
Storage and the delineation of different floors or levels within a structure, and to
amend Sections 12-7B, 12-7H, 12-7I and 12-8E replacing the term “Commercial Ski Storage”
with “Commercial Ski Storage/Ski Club, and setting forth details in regard thereto.
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 8, Series of 2014, upon second reading.
BACKGROUND: At the Town Council Public Hearing on February 18, 2014 staff provided an
update on this item with information from the February 10th Planning and Environmental
Commission meeting. After careful deliberation and after taking public comment, the Town
Council determined that the existing regulatory mechanism, discounting the determination of
similar use that occurred in 2006 related to the 3rd floor of the Vista Bahn Building, is sound
and appropriate pertaining to allowable locations for ski storage/ski club type uses. The
Council directed staff to perform the necessary analysis and code work to make certain, with
no ambiguity or room for misunderstanding, that ski storage/ski club uses, in all their
variations, are appropriately located only in the basement or garden level of a structure in the
Commercial Core 1 (CC-1), Lionshead Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2)
and Ski Base/Recreation 2 (SBR-2).
At the March 18, 2014 Public Hearing, the Town Council unanimously approved Ordinance
No. 8. Series of 2014, Commercial Ski Storage, on first reading.
STAFF RECOMMENDATION: The Planning and Environmental Commission at their
February 24, 2014 meeting unanimously recommended approval of the proposed code
amendments.
ATTACHMENTS:
Town Council Memo 04-01-2014 Comercial Ski Storage with Att.
4/1/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: April 1, 2014
SUBJECT: Second reading of Ordinance No. 8, Series of 2014, an ordinance for prescribed
regulation amendments, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Title 12-2-2: Definitions of Words and Terms pertaining to
Commercial Ski Storage and the delineation of different floors or levels within a
structure, and to amend Titles 12-7B, 12-7H, 12-7I and 12-8D replacing the term
“Commercial Ski Storage” with “Commercial Ski Storage/Ski Club, and setting
forth details in regard thereto. (PEC140003)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The Community Development Department requests a second reading of Ordinance No.
8, Series of 2014 to redefine Commercial Ski Storage as Commercial Ski
Storage/Private Club, to clarify allowable locations for Commercial Ski Storage/Private
Clubs and to provide additional language to assist in the delineation of different floors or
levels within a structure. These proposed code amendments do not result in any
changes to the regulations pertaining to the location or operating characteristics of ski
storage/ski concierge/ski clubs within the Vail Villages. The changes do provide clarity
and a greater understanding concerning these subjects.
To assist the Town Council in understanding the complexities related to the delineation
of floors or levels within a structure, staff has produced a PowerPoint presentation
included as Attachment B. Staff is prepared to utilize this presentation during the public
hearing to run through likely scenarios in the hopes of providing those in attendance
with a greater understanding of the methodology used in floor determination.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 8, Series of 2014, upon second reading.
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Town of Vail Page 2
III. BACKGROUND
On June 18, 2013, the Vail Town Council enacted a moratorium on the acceptance and
processing of land use applications involving ski storage/ski clubs to December 17,
2013. The purpose of the moratorium is to enable the community to study their effects,
with consideration for the Town’s existing land use regulations and master plans. This
moratorium has been extended to March 19, 2014 to allow additional time to complete
the necessary analysis and review.
The Community Development Department presented a historical background on the
Commercial Ski Storage use at the January 7, 2014 work session before the Town
Council. At this meeting the council requested additional information concerning sales
tax generation, the varieties of ski storage/ski clubs in operation and about the possible
impacts ski storage/ski clubs on existing or future business/professional office uses
Staff returned to the Town Council on February 4, 2014 with the information requested
to build upon the previous conversation and for a determination on what changes, if
any, to the policy on Commercial Ski Storage and private ski clubs may be appropriate.
At the Town Council Public Hearing on February 18, 2014 staff provided an update on
this item with information from the February 10th Planning and Environmental
Commission meeting. After careful deliberation and after taking public comment, the
Town Council determined that the existing regulatory mechanism, discounting the
determination of similar use that occurred in 2006 related to the 3rd floor of the Vista
Bahn Building, is sound and appropriate pertaining to allowable locations for ski
storage/ski club type uses. The Council directed staff to perform the necessary analysis
and code work to make certain, with no ambiguity or room for misunderstanding, that ski
storage/ski club uses, in all their variations, are appropriately located only in the
basement or garden level of a structure in the Commercial Core 1 (CC-1), Lionshead
Mixed Use 1 (LMU-1), Lionshead Mixed Use 2 (LMU-2) and Ski Base/Recreation 2
(SBR-2).
The Planning and Environmental Commission at their February 24, 2014 meeting
unanimously recommended approval of the proposed code amendments.
At the March 18, 2014 Public Hearing, the Town Council unanimously approved
Ordinance No. 8. Series of 2014, Commercial Ski Storage, on first reading.
IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2014, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
““The Vail Town Council approves on second reading Ordinance No. 8, Series of
2014, an ordinance to amend Title 12-2-2: Definitions of Words and Terms
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Town of Vail Page 3
pertaining to Commercial Ski Storage and the delineation of different floors or
levels within a structure, and to amend Titles 12-7B, 12-7H, 12-7I and 12-8D
replacing the term “Commercial Ski Storage” with “Commercial Ski Storage/Ski
Club, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 8, Series of 2014, on
second reading, the Planning and Environmental Commission recommends the Council
make the following findings:
“Based upon the review of the criteria outlined in Sections V of the Staff
memorandum to the Planning and Environmental Commission dated February
24, 2014, and the evidence and testimony presented, the Vail Town Council
finds:
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and is compatible with the development
objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the
Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town
Code; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the Town and promotes the coordinated and harmonious
development of the Town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality."
VI. ATTACHMENTS
A. Ordinance No.8, Series of 2014
B. PowerPoint Presentation on Floor Determination
4/1/2014
Ordinance No. 8, Series 2014
- 1 -
ORDINANCE NO. 8
SERIES OF 2014
AN ORDINANCE FOR PRESCRIBED REGULATION AMENDMENTS, PURSUANT TO
SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO AMEND SECTION 12-2-2:
DEFINITIONS OF WORDS AND TERMS PERTAINING TO COMMERCIAL SKI STORAGE
AND THE DELINEATION OF DIFFERENT FLOORS OR LEVELS WITHIN A STRUCTURE,
AND TO AMEND ARTICLES 12-7B, 12-7H, 12-7I AND 12 -8E REPLACING THE TERM
“COMMERCIAL SKI STORAGE” WITH “COMMERCIAL SKI STORAGE/SKI CLUB”, 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 Town duly existing under the Constitution and laws of the State of
Colorado and its home rule charter (the “Charter”);
WHEREAS, the members of the Town Council of the Town (the “Council”) have been
duly elected and qualified;
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the procedures
for amending the Town’s Zoning Regulations;
WHEREAS, the existing term “Commercial Ski Storage” no longer accurately
encompasses the types and operational characteristics of this use;
WHEREAS, it is necessary to define a new term, “Commercial Ski Storage/Ski Club”
that will accurately define the range of operations included in this use;
WHEREAS, it is necessary to replace “Commercial Ski Storage” with “Commercial Ski
Storage/Ski Club” in those zone districts where it is an allowable use;
WHEREAS, the delineation of a structure into levels or floors is essential for the
application of horizontal zoning;
WHEREAS, the Town Council is committed to clarifying how a determination of floor
level is made while maintaining the success of existing and future businesses within the
Town of Vail;
WHEREAS, it is not the intent of this ordinance to create non-conforming uses as a
result of the clarifications to the definitions of floor levels;
WHEREAS, the Community Development Department is committed to making the
Town Code easily understood;
WHERAS, from time to time is it necessary and prudent to update the Town Code;
WHEREAS, on February 24, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
amendment;
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Ordinance No. 8, Series 2014
- 2 -
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. Section 12-2-2, Definitions, Vail Town Code, shall be amended as follows
(text to be deleted is in strikethrough, text that is to be added is bold, and sections of text that
are not amended have been omitted):
BASEMENT OR GARDEN LEVEL: For the purposes of implementing horizontal zoning within
specific zone districts, basement or garden level shall be any floor, or portion of any floor, of a
structure located substantially below the first floor or street level of that structure, as
determined by the administrator. More than one floor, or portions of a floor or floors, may be
defined as basement or garden level within a single structure. For the purposes of
determining floor level, the following factors may be considered; site topography,
location of building entrances and facades relative to the adjacent vehicular or
pedestrian ways, interior building layout, proximity to adjacent vehicular or pedestrian
ways and relationships to other floors in the structure.
COMMERCIAL SKI STORAGE: Storage for equipment (skis, snowboards, boots and poles)
and/or clothing used in skiing related sports, which is available to the public or members,
operated by a business, club or government organization, and where a fee is charged for
hourly, daily, monthly, seasonal or annual usage. Ski storage that is part of a lodge, or
dwelling unit, in which a fee is not charged, is not considered commercial ski storage. COMMERCIAL SKI STORAGE/SKI CLUB: Storage for equipment (skis, snowboards,
boots and poles) and/or clothing used in skiing related sports, which is available to the
public or members, operated by a business, club or government organization, and
where a fee is charged for hourly, daily, monthly, seasonal or annual usage. This use
may have, but does not require, the following components:
• Personal lockers
• Boot dryers
• Ski storage racks
• Ski tuning
• Food and beverage service
• Areas for congregation
and/or socializing
• Restrooms and/or shower
facilities
• Non-winter activities
• Concierge ski services
• Retail sales
• Business Center
Ski storage that is within a lodge, or dwelling unit, in which a fee is not charged, is not
considered commercial ski storage/ski club.
FIRST FLOOR OR STREET LEVEL: For the purposes of implementing horizontal
zoning within specific zone districts, first floor or street level shall be any floor, or portion of
any floor, of a structure located at or nearest to (either above or below) the level of the
adjacent vehicular or pedestrian way, as determined by the administrator. More than one
floor, or portions of a floor or floors, may be defined as first floor or street level within a
single structure. For the purposes of determining floor level, the following factors may
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Ordinance No. 8, Series 2014
- 2 -
be considered; site topography, location of building entrances and facades relative to
the adjacent vehicular or pedestrian ways, interior building layout, proximity to
adjacent vehicular or pedestrian ways and relationships to other floors in the
structure.
Section 2. Section 12-7B-2, Permitted and Conditional Uses; Basement or Garden Level,
(CC1 District) Vail Town Code, shall be amended as follows (text to be deleted is
in strikethrough, text that is to be added is bold, and sections of text that are not amended
have been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
2. Personal services and repair shops, including the following:
Beauty and barber shops.
Commercial ski storage.
Commercial Ski Storage/Ski Club
Small appliance repair shops.
Tailors and dressmakers.
Travel and ticket agencies.
Section 3. Section 12-7H-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-1 District) Vail Town Code, shall be amended as follows (text to be deleted is
in strikethrough, text that is to be added is bold, and sections of text that are not amended
have been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels within
a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
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Ordinance No. 8, Series 2014
- 3 -
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this subsection, in
accordance with the provisions of section 12-3-4 of this title.
Section 4. Section 12-7I-2, Permitted and Conditional Uses; Basement or Garden Level,
(LMU-2 District) Vail Town Code, shall be amended as follows (text to be deleted is
in strikethrough, text that is to be added is bold, and sections of text that are not amended
have been omitted):
A. Permitted Uses: The following uses shall be permitted in basement or garden levels
within a structure:
Banks and financial institutions.
Child daycare centers.
Commercial ski storage.
Commercial Ski Storage/Ski Club
Eating and drinking establishments.
Employee housing units, as further regulated by chapter 13 of this title.
Personal services and repair shops.
Professional offices, business offices and studios.
Public or private lockers and storage.
Recreation facilities.
Retail establishments.
Skier ticketing, ski school and skier services.
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Ordinance No. 8, Series 2014
- 4 -
Travel and ticket agencies.
Additional uses determined to be similar to permitted uses described in this
subsection, in accordance with the provisions of section 12-3-4 of this title.
Section 5. Section 12-8E-2, Permitted Uses; (SBR2 District) Vail Town Code, shall be
amended as follows (text to be deleted is in strikethrough, text that is to be added is bold,
and sections of text that are not amended have been omitted):
The following uses shall be permitted within the ski base/recreation 2 district:
Eating and drinking establishments including the following:
Bakeries and delicatessens with food service, restricted to preparation of products
specifically for sale on the premises.
Cocktail lounges and bars.
Coffee shop.
Fountains and sandwich shops.
Restaurants.
Employee housing units, as further regulated by chapter 13 of this title.
Lodges.
Private or public off street loading facilities.
Private or public off street vehicle parking structures.
Public parks and outdoor recreation facilities.
Residential uses including the following:
Accommodation units.
Multi-family residential dwelling units.
Single-family residential dwelling units.
Two-family residential dwelling units.
Ski base oriented uses including the following:
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Ordinance No. 8, Series 2014
- 5 -
Commercial ski storage on the basement or garden level of a building.
Commercial Ski Storage/Ski Club on the basement or garden level of a building.
Retail stores and establishments.
Ski lifts and tows.
Ski patrol facilities.
Ski racing facilities.
Ski school facilities.
Ski trails.
Skier and guest services including, but not limited to, uses such as basket rental,
lockers, ski repair, ski rental, lift ticket sales, public restrooms, information/activity
desk.
Snowmaking facilities.
Special community events, including, but not limited to, ski races, festivals, concerts,
and recreational, cultural and educational programs and associated
improvements/facilities, subject to the issuance of a special events license.
Section 6. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town Council
finds and determines the follows:
a. The amendments are consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail comprehensive plan and are compatible with the
development objectives of the town;
b. The amendments further the general and specific purposes of the Zoning
Regulations; and,
c. The amendments 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.
d. This ordinance is necessary and proper for the health, safety and welfare of the Town
of Vail and the inhabitants thereof.
Section 7. 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
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Ordinance No. 8, Series 2014
- 6 -
the inhabitants thereof.
Section 8. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections, sentences,
clauses or phrases be declared invalid.
Section 9. The 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 10. 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 18th day of March, 2014, and a public
hearing for second reading of this Ordinance set for the 1st day of April, 2014, in the Council
Chambers of the Vail Municipal Building, Vail, Colorado.
__________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL
ON SECOND AND FINAL READING this 1sth day of April, 2014, in the Council Chambers
of the Vail Municipal Building, Vail Colorado.
________________________
Andrew P. Daly, Mayor
ATTEST:
__________________________
Tammy Nagel, Acting Town Clerk
4/1/2014
Determination of Floor for the Purposes of Horizontal Zoning
•Site topography
•Location of building entrances
•Facades relative to the adjacent vehicular or pedestrian
ways
•Interior building layout
•Proximity to adjacent vehicular or pedestrian ways and
•Relationships to other floors in the structure.
Example 1
Example 2
Floor
Basement/Garden
Street/First
Second
Third
4/1/2014
Determination of Floor for the Purposes of Horizontal Zoning
•Site topography
•Location of building entrances
•Facades relative to the adjacent vehicular or pedestrian ways
•Interior building layout
•Proximity to adjacent vehicular or pedestrian ways and
•Relationships to other floors in the structure.
Floor
Basement/Garden
Street/First
Second
Third
Example
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Second reading of Ordinance No. 9, Series of 2014, an ordinance rezoning
certain properties from the High Density Multiple-Family District to the Vail Village Townhouse
District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore Creek Drive
(Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore Creek Drive,
Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in regard
thereto. (PEC140002 )
PRESENTER(S): Jonathan Spence
ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with
modifications, or deny Ordinance No. 9, Series of 2014, upon second reading.
BACKGROUND: On August 21, 2012 the Vail Town Council adopted Ordinance No. 2
Series of 2012 establishing the Vail Village Townhouse Zone District. The Vail Village
Townhouse (VVT) District was adopted following numerous public hearings before the
Planning and Environmental Commission and the Town Council first, as a private property
owner initiated application and later, as a Community Development staff led effort. On
December 17, 2013 the Vail Town Council instructed staff to submit a rezoning application for
the properties known as The Vail Rowhouses (7-13) and the Texas Townhomes, omitting from
the application the Vail Rowhouses (1-6), Vail Trails Chalet and Vail Trails East. On February
10, 2014, the Planning and Environmental Commission unanimously forwarded 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
from the High Density Multiple-Family District to the Vail Village Townhouse District.
At the March 18, 2014 Public Hearing, the Town Council unanimously approved Ordinance
No. 9. Series of 2014, Vail Village Townhouse District Rezoning, on first reading. (7-0)
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends
the Vail Town Council approve on first reading Ordinance No. 9, Series of 2014, an ordinance
rezoning certain properties from the High Density Multiple-Family District to the Vail Village
Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore
Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5 and a part of Gore
Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village Filing 4, and setting forth details in
regard thereto.”
ATTACHMENTS:
Town Council Memo 04-01-2014 VT with Att.
4/1/2014
TO: Vail Town Council
FROM: Community Development Department
DATE: April 1, 2014
SUBJECT: Second reading of Ordinance No. 9, Series of 2014, an ordinance rezoning
certain properties from the High Density Multiple-Family District to the Vail Village
Townhouse District, located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and
483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block
5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail Village
Filing 4, and setting forth details in regard thereto. (PEC140002)
Applicant: Town of Vail
Planner: Jonathan Spence
I. SUMMARY
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 9, Series
of 2014, an ordinance rezoning certain properties from the High Density Multiple-Family
District to the Vail Village Townhouse District, located at 303 Gore Creek Drive (Vail
Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A
Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots
1 – 9 Vail Village Filing 4, and setting forth details in regard thereto.
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 9, Series of 2014, upon second reading.
III. BACKGROUND
On December 17, 2013 the Vail Town Council instructed staff to submit a rezoning
application for the properties known as The Vail Rowhouses (7-13) and the Texas
Townhomes, omitting from the application the Vail Rowhouses (1-6), Vail Trails Chalet
and Vail Trails East. On January 10, 2014 staff notified the owners of the properties
affected by the proposed rezoning of the proposal and the planned meeting dates. This
correspondence was in addition to the formal notice which was sent to the property
owners on January 23, 2014 and published in the Vail Daily on January 24, 2014.
On February 10, 2014, the Planning and Environmental Commission unanimously
forwarded a recommendation of approval to the Vail Town Council for a zone district
4/1/2014
Town of Vail Page 2
boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to
allow for a rezoning from the High Density Multiple-Family District to the Vail Village
Townhouse District, for the properties located at 303 Gore Creek Drive (Vail
Rowhouses 7-13) and 483 Gore Creek Drive (Texas Townhomes)/ Lots 7-13, A
Resubdivision of Block 5 and a part of Gore Creek Drive, Vail Village Filing 1, and Lots
1 – 9 Vail Village Filing 4.
This recommendation was based upon the review of the criteria outlined in the February
4, 2014 memorandum to the Planning and Environmental Commission, and the
evidence and testimony presented.
At the March 18, 2014 Public Hearing, the Town Council unanimously approved
Ordinance No. 8. Series of 2014, Vail Village Townhouse District Rezoning, on first
reading.
IV. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2014, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves on second reading Ordinance No. 9,
Series of 2014, an ordinance rezoning certain properties from the High
Density Multiple-Family District to the Vail Village Townhouse District,
located at 303 Gore Creek Drive (Vail Rowhouses 7-13) and 483 Gore
Creek Drive (Texas Townhomes)/ Lots 7-13, A Resubdivision of Block 5
and a part of Gore Creek Drive, Vail Village Filing 1, and Lots 1 – 9 Vail
Village Filing 4, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 9, Series of 2014, upon
second reading, the Planning and Environmental Commission recommends the Council
make the following findings:
“Based upon the review of the criteria outlined in Sections IX of the Staff
memorandum to the Planning and Environmental Commission dated February
10, 2014, 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;
2. That the amendments are compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and,
4/1/2014
Town of Vail Page 3
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. 9, Series of 2014
4/1/2014
Ordinance No. 9, Series 2014
- 1 -
ORDINANCE NO. 9
SERIES OF 2014
AN ORDINANCE FOR A ZONE DISTRICT BOUNDARY AMENDMENT, PURSUANT
TO SECTION 12-3-7, AMENDMENT, VAIL TOWN CODE, TO ALLOW FOR A
REZONING OF:
1. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 7 AKA VAIL ROWHOUSE UNIT 7
2. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 8 AKA VAIL ROWHOUSE UNIT 8
3. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 9 AKA VAIL ROWHOUSE UNIT 9
4. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 10 AKA VAIL ROWHOUSE UNIT 10
5. TOWNHOUSE ON LOT ELEVEN UNIT: A AKA VAIL ROWHOUSE UNIT 11A
6. TOWNHOUSE ON LOT ELEVEN UNIT: B AKA VAIL ROWHOUSE UNIT 11B
7. VAIL VILLAGE FILING 1 BLOCK: 5 LOT: 12 AKA VAIL ROWHOUSE UNIT 12
8. OGLESBY/STOREY CONDOS UNIT: 1 AKA VAIL ROWHOUSE UNIT 13
9. OGLESBY/STOREY CONDOS UNIT: 2 AKA VAIL ROWHOUSE UNIT 13
10. VAIL VILLAGE FILING 4 LOT: 1 AKA TEXAS TOWNHOME LOT 1
11. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 1
AKA TEXAS TOWNHOME LOT 2(1)
12. TOWNHOUSE LOT 2 VAIL VILL 4TH LOT: 2
AKA TEXAS TOWNHOME LOT 2(2)
13. VAIL VILLAGE FILING 4 LOT: 3 AKA TEXAS TOWNHOME LOT 3
14. MURFREE CONDO UNIT: 4A AKA TEXAS TOWNHOME LOT 4(A)
15. MURFREE CONDO UNIT: 4B AKA TEXAS TOWNHOME LOT 4(B)
16. FORBES/PARKER CONDOMINIUMS UNIT: 5A
AKA TEXAS TOWNHOME LOT 5(A)
17. FORBES/PARKER CONDOMINIUMS UNIT: 5B
AKA TEXAS TOWNHOME LOT 5(B)
18. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 1
AKA TEXAS TOWNHOME LOT 6(1)
19. TOWNHOUSE LOT 6 VAIL VILL 4TH LOT: 6 UNIT 2
AKA TEXAS TOWNHOME LOT 6(2)
20. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 1
AKA TEXAS TOWNHOME LOT 7(1)
21. TOWNHOUSE LOT 7 VAIL VILL 4TH LOT: 7 UNIT 2
AKA TEXAS TOWNHOME LOT 7(2)
22. VAIL VILLAGE FILING 4 LOT: 8 AKA TEXAS TOWNHOME LOT 8
23. VAIL VILLAGE FILING 4 LOT: 9 AKA TEXAS TOWNHOME LOT 9
FROM THE HIGH DENSITY MULTIPLE-FAMILY DISTRICT TO THE VAIL VILLAGE
TOWNHOUSE DISTRICT 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 Town duly existing under the Constitution and laws of the State
of Colorado and its home rule charter (the “Charter”); and,
4/1/2014
Ordinance No. 9, Series 2014
- 2 -
WHEREAS, the members of the Town Council of the Town (the “Council”) have
been duly elected and qualified; and,
WHEREAS, Section 12-3-7, Amendment, Vail Town Code, sets forth the
procedures for amending a zone district boundary; and,
WHEREAS, the subject properties are described in Exhibit A, attached hereto
and incorporated herein by this reference, (the “subject properties”); and,
WHEREAS, on August 7, 1973, the Town of Vail adopted Ordinance No. 8,
Series of 1973, to establish comprehensive zoning regulations for the Town of Vail. In
establishing comprehensive regulations, this ordinance created 12 new zone districts
including the High Density Multiple-Family District; and,
WHEREAS, on August 21, 2012 the Vail Town Council adopted Ordinance No. 2
Series of 2012 establishing the Vail Village Townhouse Zone District; and
WHEREAS, the purpose of the amendments is to establish incentives for the
redevelopment of existing townhouse properties in Vail Village; and,
WHEREAS, the purpose of the amendments is to preserve the existing character
of the townhouse properties in Vail Village and to preserve the existing character of the
neighborhood; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission held a public hearing on the zone district boundary amendment to rezone
the subject properties from High Density Multiple-Family District to Vail Village
Townhouse District; and,
WHEREAS, on February 10, 2014, the Town of Vail Planning and Environmental
Commission forwarded a recommendation of approval to the Vail Town Council for the
zone district boundary amendment; and,
WHEREAS, the Vail Town Council finds and determines that the amendment is
consistent with the applicable elements of the adopted goals, objectives and policies
outlined in the Vail Comprehensive Plan and is compatible with the development
objectives of the town; and,
WHEREAS, the Vail Town Council finds and determines that the amendment to
the Town Code furthers the general and specific purposes of the Zoning Regulations;
and,
WHEREAS, the Vail Town Council finds and determines that the amendment
promotes the health, safety, morals, and general welfare of the town and promotes the
coordinated and harmonious development of the town in a manner that conserves and
enhances its natural environment and its established character as a resort and
4/1/2014
Ordinance No. 9, Series 2014
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residential community of the highest quality.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. This ordinance adopts the following zone district boundary
amendment as further described in Exhibit A:
A rezoning from the High Density Multiple-Family District to Vail Village
Townhouse District.
Section 2. Pursuant to Section 12-3-7, Amendment, Vail Town Code, and the
evidence and testimony presented in consideration of this ordinance, the Vail Town
Council finds and determines the following:
a. The zone district boundary 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;
b. The zone district boundary amendment is compatible with and suitable to
adjacent uses and appropriate for the surrounding areas; and,
c. The zone district boundary 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.
d. This ordinance is necessary and proper for the health, safety and welfare of the
Town of Vail and the inhabitants thereof.
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 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 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.
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Ordinance No. 9, Series 2014
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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 18th day of March, 2014, and a
public hearing for second reading of this Ordinance set for the 1st day of April, 2014, in
the Council Chambers of the Vail Municipal Building, Vail, Colorado.
__________________
Andrew P. Daly, Mayor
ATTEST:
_________________________
Tammy Nagel, Acting Town Clerk
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN
FULL ON SECOND AND FINAL READING this 1st day of April, 2014, in the Council
Chambers of the Vail Municipal Building, Vail Colorado.
________________________
Andrew P. Daly, Mayor
ATTEST:
__________________________
Tammy Nagel, Acting Town Clerk
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Ordinance No. 9, Series 2014
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Exhibit A
4/1/2014
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: April 1, 2014
ITEM/TOPIC: Adjournment (8:50 p.m.)
4/1/2014