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HomeMy WebLinkAbout2000-08-15 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, August 15, 2000 2:00 P.M. AT TOV COUNCIL CHAMBERS NOTE: Time of items is approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. Discussion of Ordinance No. 21, Series of 2000, an Ordinance Bob McLaurin submitting to the registered electors to the Town of Vail at Russell Forrest the coordinated general election to be held on Tuesday, the 7th day of November, 2000, the question on whether Section 2-6-9, Real Estate Transfer Fund, should be amended to include additional definitions for the purposes of Title 2, Chapter 6. (30 mins.) BACKGROUND RATIONAL: Council has had general discussions regarding .the possibility of placing a question on the up coming coordinated general election ballot in regard to the use of the Real Estate Transfer Tax Funds. Presented is an Ordinance placing a question on the November 7th ballot that would amend Section 2-6-9, Real Estate Transfer Tax Fund by adding defined terms to that code section for the purposes of Chapter 6 of Title 2. These definitions would not pertain to other sections of the Town of Vail Code including but not limited to the Zoning Code. Presently the only definition in Section 2-6-9 is the "Building shall mean any structure having a roof supported by columns or walls, or any other enclosed structure for the housing of person, animals, or property." This question could also be submitted in a Special Election subsequent to the November 7th General Election. It is estimated that a Special Election at this time would cost approximately $13,000. Council could adopt these definitions by means of an ordinance without having the matter deferred to the upcoming election. If that is Council's choice this evenings consideration should be tabled so that the Ordinance can be redrafted for Council without a ballot question. RECOMMENDATION: None at this time. 2. To request Council's approval for the Town Manager to Russell Forrest execute an agreement with the White River Institute to assist with fund raising. (1 hr.) ACTION REQUESTED OF COUNCIL: A motion is requested at the evening meeting if the Town Council would like to allocate resources for the White River Institute. BACKGROUND RATIONALE: The opportunity to create a unique facility lies with the integration of both recreational and cultural/educational amenities. The concept of the 2nd sheet of ice and family activity center is relatively well understood. The learning center concept has captured the imagination and interest of many in the community. However, we need to refine the concept and obtain additional community buy-in to the idea. Staff would propose working with the White River Institute to: 1) help refine the idea and to 2) assist in a fund raising effort for both the recreational and learning/meeting center uses. After refining the concept in the October/November time frame, staff would propose reengaging the design team to complete work on the site plan, floor plans, and architectural sketch plans. This would also include further refining the capital costs. 3 Discussion of Third Sheet of Ice. (30 mins) Bob McLaurin 4. PEC Agenda/Report. (5 mins.) Allison Ochs Brent Wilson 5. Discussion of August 15, 2000 Town Council Evening Meeting Agenda Items. (5 mins.) 6. Information Update. (10 mins.) 7. Council Reports. (10 mins.) 8. Other. (10 mins.) 9. Adjournment. (4:40 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 8122100, BEGINNING AT 2:00 P.M. IN TOV COUNCIL CHAMBERS. THE FOLLOWING VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BE ON TUESDAY, 9105100, BEGINNING AT 2:00 P.M., IN TOV COUNCIL CHAMBERS. THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BE ON TUESDAY, 9/05100, BEGINNING AT 7:00 P.M. IN TOV COUNCIL CHAMBERS. Sign language interpretation available upon request with 24-hour notification. Please call 479-2332 voice or 479-2356 TDD for information. To: Vail Town Council From: Russ Forrest Date: August 15, 2000 Subject Community facilities fundraising and next steps 1. INTRODUCTION: The purpose of the community facilities discussion on August 151h, is to request the Town Council's approval to execute an agreement with the White River Institute (WRI) to assist with refining the concept, identifying community leaders to help support the concept, and to assist with fund raising. 2. SUMMARY OF COUNCIL DECISIONS TO-DATE: On September 21, 1999; November 16, 1999; and on March 14, 2000 the Town Council affirmed the list of public uses that would be considered further, primarily a 2nd sheet of ice, a family activity center, learning/meeting/performing arts facility (convertible floor space which can convert into either a meeting space or a performing arts/event venue), and affordable housing. On July 18th, the Town Council eliminated alternative 3 from further consideration. On July 25th, the Town Council directed staff to move forward with contract negotiations with the White River Institute to assist in the development of a fund raising campaign for all the public uses and to also help refine the concept of a "learning center." On August 1, 2000 the Town Council directed staff to move forward with a 2001 ballot initiative. On August 1, 2000 the Town Council directed staff to: - Foster the redevelopment and enhancement of existing hotel properties near the project site. - Work with VVTCB to encourage existing hotels to commit rooms at a competitive price for meetings and functions. - When refining the design for the project site, identify phasing plans that could allow the expansion of the meeting center and a future hotel in a phase 2 plan if the market demonstrated in the future that a hotel was necessary to make the meeting center operate successfully. - Identify alternative mass transit technologies to move people more efficiently along the in-town route 1 3. ISSUE FOR COUNCIL'S CONSIDERATION AGREEMENT WITH THE WHITE RIVER INSTITUTE (WRI) The opportunity to create a unique facility lies with the integration of recreational, cultural, and educational amenities. The concept of the 2nd sheet of ice and family activity center is relatively well understood. The learning center concept has captured the imagination and interest of many in the community. However, we need to refine the concept and enhance the community's understanding and support. Staff proposes working with the White River Institute to: 1) help refine the idea and to 2) assist in a private fund raising effort for both the recreational and learning/meeting center uses. Attached is a proposed agreement between the Town of Vail and the White River Institute for Council's consideration. Staff believes it is critical to execute this agreement for the following reasons: - WRI and John Horan Kates have the ability to integrate the various recreational, cultural, and educational interests into one concept and vision and develop the community leadership to support the concept. - WRI is in a position to draw in divergent community support for the concept and help foster community leadership for the project. - John Horan-Kates has a proven track record for fund raising and WRI is offering to conduct the fundraising in a more creative way compared to other professional fundraisers that will provide additional community benefit. WRI is asking for payment of $100,000 plus expenses with payment occurring as tasks are satisfactorily acted upon. Other fund raising groups that staff has met with have asked for 15% of the total amount raised through donations and potentially a monthly retainer. The total fee for a traditional fund raising group for a $20 million project could be $3 million. - Payment for services rendered will occur as tasks are acted upon to the Town Council's satisfaction. WRI will do monthly updates to review progress with the Town Council. 2 4. PROPOSED NEXT STEPS Staff is preparing a detailed time line for next steps. As a general overview of the next steps, staff wants to ensure that Council is generally comfortable with the tasks outlined below. Action Time Frame Who Discussion with Council & August 22, 2000 Town Council & VRD VRD on next steps in the design process. Should a new agreement be signed with EDAW? Refine the learning Center August 1St - October 17 / White River Institute Concept, develop an November 7th working with community operational plan, groups and individuals determine name, and refine the concept. develop grass roots support for the concept. Approve the concept and October 17th or November Town Council & VRD preliminary operational 7th plan for the learning center and other uses. Refine design and cost November 7th - December Design Team estimates. Work with 12th adjacent property owners to address specific concerns. Refine parking plan. Public Meetings on refined December Public site plan and designs. PEC, DRB, and Town January 2001 PEC, DRB, & Town Council Council preliminary Review of Designs. Complete operational and February 2001 Financial consultants financial plan & complete plan and TOV & TOV approve of plan VRD approves of plan. Council approval of design I March 2001 I Town Council and operational plan 1" Reading and 2nd August 2001 Town Council Reading of an Ordinance for a ballot initiative i Fund Raising for all public September 8, 2000 - Fall The Renaissance facilities 2001 Foundation 501 c (3) 3 5. SUMMARY OF PUBLIC AND PRIVATE USES THAT HAVE BEEN CONSIDERED Public uses: © Learning/Meeting/Performing Arts Center - 20,000 square foot meeting space that can be converted into seating for special events and performances 12,000-16,000 square feet for breakout space 11,000-15,000 square feet of space for dedicated meeting/class rooms for learning/community functions. - Technology Room (i.e., an internet/computer room which could be an extension of the library and also booked for uses as classroom space - 250 seat theatre for community theatre, small performances, and lectures 0 2nd Sheet of Ice 0 Family Activity Center 0 Housing (25,000 square feet) Private Uses: Fractional Fee or Dwelling units to generate revenue for the public uses Hotel (Will not be included in the first phase but the design team shall identify ways to phase in an expansion of the learning/meeting center and a hotel if the market clearly demands it) Private parking for sale (100-200 spaces) F:\cdev\COUNCIL\MEMOS\00\COM801.doc 4 TOWN OF VAIL & WHITE RIVER INSTITUTE COMMUNITY FACILITIES AGREEMENT THIS AGREEMENT is entered into on August 2000, by and between the Town of Vail, a Colorado municipal corporation ("the Town") and the White River Institute, a Colorado non-profit corporation ("the Institute"). WITNESSETH The Town envisions creating an extraordinary network of facilities that will be a bold attraction for residents and guests that will solidify Vail's standing as a world-class community and resort. As a result of a Town and Vail Recreation District public process initiated in February of 1999, a variety of facilities were identified as amenities appropriate for the Town. The Town Council and the Vail Recreation District Board have decided to move forward and explore the creation of the following opportunities: learning/meeting/performing arts Center, 2nd Sheet of Ice, and a family activity center. These facilities will provide a wide range of recreational, educational and cultural opportunities. To make this project a reality it is necessary to develop public-private partnerships to support and fund it. The purpose of this agreement is to establish a relationship with the Institute to further refine these concepts, create a plan to integrate the uses, and develop the fund raising program for the public uses identified in this agreement. The White River Institute is an Eagle County based non-profit organization whose mission is to design, support and implement learning opportunities, personal development, and community building activities, programs and events. John Horan-Kates, a long time county resident, serves as President of the Institute. He has a track record of success in mobilizing support of community resources for significant projects. The Board of Trustees consists of a wide range of locally and nationally recognized professionals who commit their experience, time, finances and efforts in support of the valley wide community. NOW, THEREFORE, the parties mutually agree as follows: 1. SITE DESCRIPTIONS The sites are located within the Town and are specifically identified as: a. The charter bus lot; b. Dobson Arena (interior improvements) C. Library (potential to consider a second floor) d. South side of Lionshead parking structure e. Lionshead parking structure F:\Everyone\Jeff\Comfac\Contract 1 2. PROJECT OBJECTIVES The following objectives shall be achieved in developing the overall community facilities program: 1) The facilities programming will build upon the community facility ideas and utilize lands that have been identified through the Vail Tomorrow, Common Ground, Lionshead Master Plan, and other community processes. 2) The facilities programming will complement both recreational (e.g., skiing and mountain sports) and cultural (e.g., art, performing arts) amenities that exist in the Vail Valley so as to create a world class network of community facilities in the Valley. 3) The facilities shall be outstanding in their design and programming. Residents and guests alike will be drawn to Vail because of their quality and uniqueness. 4) The facilities will be designed to serve both Vail Valley residents and guests. 5) Public-private partnerships will be pursued to support and finance the development of the facilities. 3. SCHEDULE AND SCOPE OF SERVICES Task 1/Concept Refinement: This task involves refining the concept of the various uses and how they will interface. Specific actions include: 1.A. Develop messages: Based on the ideas and public input that has been, and will be, generated, develop a series of talking points and key messages that can be communicated to individuals and focus groups. This should also include developing a list of frequently asked questions and other promotional documents. 1.13. Identify stakeholders & potential donors: Identify critical individuals and groups that should be involved in the refinement of the concept and may also be potential donors for the community facilities. This action shall involve developing a database of names and contacts. 1.C. Communications Plan: Develop and implement a communications plan for the individuals identified in 1.B. 1.D. Focus Groups: Organize small group meetings with stakeholders and potential donors to communicate the concept, work-to-date, and to solicit their involvement in refining the concept. This would also involve identifying and soliciting the input of potential donors for the facilities. 1.E. Field Trips: Plan and conduct trips to other comparable facilities (e.g., Aspen Institute, Banff Center, Richie Center). F:\Everyone\JefflComfac\Contract 2 1.F. Concept Paper: Develop a concept paper for the Vail Town Council's consideration that discusses how an educational function would work with the meeting center and the other recreational and cultural uses. This paper should help illustrate an overall vision for the facilities, description of how the uses will work together, and suggest a name for this civic center. Task completed within: Within 90 days of signing this agreement. Task 2 Develop a separate non-profit organization: This task involves developing the 501(c)(3) structure and then successfully filling the officer and director positions in this new organization. 2.A. Develop the 501 © (3) structure and engage the necessary resources (legal and financial) to facilitate this step, including filing an application for exempt status with the IRS. 2.B. Identify individuals to serve on this Board which will include participation by the Vail Town Council. 2.C. Initiate 501 © (3) board meetings. 2.D. Continue to add to the involvement of the 501© (3) Task completed within: 60 days from the award of a contract Task 3 Generate Community Support and a Fund Raising Program: 3.A. Develop the fund raising structure and the various giving levels. This action should be completed by February 28, 2001. 3.B. Identify and develop campaign leadership for the project. A successful program must include public support that precedes financial commitment. 3.C. Begin securing financial pledges and commitments once the Town Council has firmly decided to proceed with the project. If the Town Council approves a second year contract, the second year goals will be identified to raise funds in private and corporate giving contingent upon public funding approval. The payment schedule would be negotiated as part of a new contract. Task 4 Operational Plan: Assist the Town in developing an operational plan for the facility. This would include helping the Town in developing the financial and operational plan for the facilities assuming they are created. A draft shall be completed by the end of February 2001, and a final plan shall be completed by the end of March 2001. This task will involve significant input and direction from the Town of Vail. F:\Everyone\Jeff\Comfac\Contract 3 Task 5: Council & Staff Updates: Review progress on this scope of service and next steps with the Vail Town Council on a monthly basis. This update can be in the form a verbal presentation or a written overview of progress and planned next steps. More frequent biweekly updates with the Town Manager and the Director of Community Development is also required to effectively coordinate activities. 4. PERSONNEL The Institute agrees that the principal person responsible for the performance of this project will be John Horan-Kates. The Institute agrees that no substitute of this key person shall be made without the prior approval of the Town. John Horan-Kates will call upon other members of the Institute to bring their individual expertise and support to the program. The Institute represents that its personnel engaged in this project are fully qualified and properly trained to perform the services related to this Agreement. None of the services provided for in this Agreement including personnel shall,be modified without the prior written approval of the Town. 5. TIME OF PERFORMANCE The services set forth above shall commence on the date of this agreement and run for 1 year from that date. 6. GRANT The Town is making an unrestricted grant to the Institute for the purposes of its'general growth and development recognizing its potential as a community-based educational organization. The total grant in connection with of this scope of service shall not exceed $100,000. Grant funds shall be released on the following schedule: Payment 1: Release of $50,000 upon on the initiation and full pursuit of Tasks 1-A through 2-D. Payment 2: Release of $25,000 upon the initiation and full pursuit of Tasks 3-A through 3-C. Payment 3: Release of $25,000 upon the initiation and full pursuit of Task 4. Initial expenses for the first (90) days will be paid by the Town of Vail for specific expenses as outlined in Attachment A. Additional expenses for the project will be submitted for approval as the project unfolds. No funding from the Town of Vail shall be used for a political campaign and shall not be used to support any 501 ©(4) that is developed for the community facilities project. The Town recognizes that the Institute may interface with a 501 c (4) formed by other parties to support this project. F:\EveryoneVefflComfacTontract 4 The Town will pay the Institute within thirty (30) days of an invoice submittal if the Institute has initiated the tasks as outlined in Section 3 of this agreement. 7. DESIGNS. PLANS & DOCUMENTS All designs, plans, and building documents produced by the Institute to fulfill the terms of this Agreement shall become the property of the Town and it is agreed that the Institute shall not retain any proprietary rights of said designs, plans and documents. It is understood that there may be suggestions of programming opportunities that are the intellectual property of the Institute and other individuals and organizations and shall not become the property of the Town. 8. INDEPENDENT CONTRACTOR The Institute is an Independent Contractor, and nothing contained in this Agreement shall constitute or designate the Institute or any of the Institute's employees as agents or employees of the Town. Further, it is agreed that: A. The Town does not require the Institute to work exclusively for them, B. The Town for whom the services are to be performed, do not establish a quality standard for the Institute; C. The Town may supply personnel, documents and plans, identify sites, suggest uses, and provide instructions as to the Institute's work, but will not instruct the Institute as to how the work will be performed; D. The Town can terminate the Agreement if the Institute violates the terms of the Agreement or fails to produce a result that meets the specifications of the Agreement; E. The Town does not provide training for the Institute's employees or workers; F. The Town does not dictate the time of performance except that a completion schedule has been established, as referenced above, with which the Institute must comply-, G. Payment for services rendered pursuant to this Agreement will be made to the trade or business name of the provider of services, rather than to the individual; and H The Town does not in any way combine their business operations with those of the Institute. THE INSTITUTE AS AN INDEPENDENT CONTRACTOR IS NOT ENTITLED TO WORKER'S COMPENSATION BENEFITS AND THE CONTRACTOR IS OBLIGATED TO PAY FEDERAL AND STATE INCOME TAX ON ANY MONIES EARNED. FAEveryone\Jeff\Comfac\Contract 5 9. INSURANCE The Institute shall obtain and maintain in force for the term of this Agreement the following insurance: A. Comprehensive general liability (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00) per occurrence. B. Ensure any subcontractor also has a general liability provision (including personal injury) in an amount not less than five hundred thousand dollars ($500,000.00) per individual and not less than one million dollars ($1,000,000.00) per occurrence. 10. NO WAIVER No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision of this Agreement, no such waiver shall constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default of the terms of this Agreement be deemed a waiver of any subsequent default. 11. INDEMNIFICATION The Institute agrees to indemnify and save the Town, its officers, directors and employees harmless from and against losses, claims, demands, liability, damages, actions or causes of action of every kind and nature, including court costs reasonable attorney's fees, defending such claim, which may be brought or asserted against the Town, its agents or employees to the extent caused by the negligent acts, errors, or omissions of the Institute in the performance of this Agreement. 12. TERMINATION The performance of the work provided for in this Agreement may be terminated at any time in whole or, from time to time, in part by the Town for its convenience. Any such termination shall be effected by delivery to the Institute of a written notice specifying the date upon which termination becomes effective. This Agreement may also be terminated by the Institute in the event of a material default of any of the terms and of this Agreement by the Town, provided the Institute has first provided the Town with written notice of the default and the Town shall have failed to cure the specified default within one (1) day of receipt of the notice. The institute may also, in sole discretion, terminate this agreement if the "learning center" components of the project become insignificant. In the event of termination, the Institute shall be paid on a pro-rata basis for work satisfactorily completed prior to the date of termination and for the expenses prior to the date of termination. F:\Everyone\Jeff\Comfac\Contract 6 13. JURISDICTION. VENUE. ATTORNEY FEES The jurisdiction and venue of any suit or cause of action to enforce the terms of Agreement shall lie in Eagle County, Colorado. Should either party to this agreement bring suit to enforce this agreement, it is agreed that the prevailing party shall be entitled to recover its costs, expenses and reasonable attorney fees. A prevailing party is a party that shall have obtained a final judgement or order no longer subject to appeal. In the event of a settlement before final adjudication, both parties shall bear their own respective costs, expenses and attorney fees unless otherwise agreed. 14. NOTICE Any notice provided for in this Agreement shall be deemed given if received by the parties at the following addresses: Town of Vail ATTN: Russell Forrest 75 S. Frontage Rd. Vail, Colorado 81657 ph (970) 479-2146 Email: russell@vail.net Institute White River Institute ATTN: John Horan-Kates PO Box 6447 Avon, Co 81620 15. ASSIGNMENT This Agreement is for expert services of the Institute that may not be assigned without the prior written consent of all parties to this Agreement. 16. COMPLIANCE WITH LAW The Institute will not perform any of the services provided specified in this Agreement contrary to any local, state, federal, or county law. 17. SEVERARILITY Should any section of this Agreement be found to be invalid, all other sections shall remain in full force and effect as though severable from the part invalidated. F: \Everyon e\Jeff\Comfac\Contract 7 18. DISCRIMINATION The Institute shall not discriminate against any employer or applicant for employment because of disability, race, color, age, sex, religion, or national origin. 19. INTENTION OF THE PARTIES This Agreement contains the entire intention of the parties and may only be changed by a written document signed by the parties. 20. EXECUTION The parties have executed this Agreement on .1999. TOWN OF VAIL, a Colorado municipal corporation By: Robert W. McLaurin, Town Manager Attest: Lorelei Donaldson, Town Clerk WHITE RIVER INSTITUTE, a Colorado non-profit corporation By: John Horan Kates Print: Title: F: \ E veryon e\J eff\Comfac\C on tract Attachment A Summary of Approved Expenses Labor Rate Period Total Sharmon $ 25.00 150 $ 3,750.00 Database $ 1,000.00 Phone 1 $ 200.00 3 $ 1,000.00 Communication $ 3,000.00 copying $ 300.00 31 $ 900.00 Mailings $ 0.33 I 30001 $ 990.00 ~ I I I 1 Meals $ 25.00 1 121 $ 300.00 1 1 Trips to Banf, Cerritos 1 $ 500.00 1 41 $ 2,000.00 1 I Focus Groups Expenses 1 $ 250.00 1 41 $ 1,000.00 I I Facilitation to assist in developing the concept $ 3,200.00 41 $12,800.00 I 1 Exploration Team 1 $ 250.00 1 81 $ 2,000.00 I I I $ 28,740.00 F:\Everyone\Jeff\Comfac\Contract 9 ~D qVAIL TOWN Office of the Town Manager 75 South Frontage Road Vail, Colorado 81657 970-479-21051Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FR: Bob McLaurin RE: Third Sheet of Ice ®T: August 11, 2000 We are continuing to define the cost for the proposed temporary ice surface. Before we finalize the site preparation costs, we need to more precisely define the site preparation requirements. I have asked our engineering staff to shoot elevations at each of the sites so we have the correct topographic information which is necessary to help us to determine more accurate grading and site preparation requirements for each of the proposed locations. Because we have not yet completed the survey work, I am unable to complete the memo for this item. Therefore I will hand deliver a memo to each of you on this issue on Monday. O(~~ RECYCLED PAPER PLANNING AND ENVIRONMENTAL COMMISSION PUBLIC MEETING SCHEDULE Monday, August 14, 2000 PROJECT ORIENTATION / - Community Development Dept. PUBLIC WELCOME 12:00 pm o GR Training Session - Non-Conforming Uses /Lots/Structures :30 min. MEMBERS PRESENT MEMBERS ABSENT Site Visits : 1:15 pm 1. D'Agostino - 971 Spraddle Creek Road 2. Golden Peak Ski Base - 458 Vail Valley Drive Driver: George 1W I ®X NOTE: If the PEC hearing extends until 6:00 p.m., the board will break for dinner from 6:00 - 6:30 p.m. Public Hearing, - Town Council Chambers 2:00 p.m. 1. A request for a minor amendment to the approved development plan for the Golden Peak Ski Base, to allow for a new snowmaking facility, located at 458 Vail Valley Drive/Tract F, Vail Village 5th Filing. Applicant: Vail Resorts Planner: Brent Wilson 2. Pursuant to Section 13-7-6, Vail Town Code, a PEC review of the proposed unit sales prices for the Garmisch Loft employee housing units, located at 2211 North Frontage Road / Lots 1,2 & 3 and Tract C, Vail das Schone Filing 1; Lot 1, Vail das Schone Filing 3. Applicant: Reaut Corporation Planner: Brent Wilson 3. A request for a variance from Section 12-6A-8B (GRFA) and a minor subdivision, to allow for GRFA above the maximum amount allowable, located at 971 Spraddle Creek Road/Lot 8, Spraddle Creek. Applicant: Franco D'Agostino Planner: Allison Ochs 4. A request for a sign variance, from Section 11-46-19 (B)(4), to allow for a third business identification sign, located at 458 Vail Valley Drive (Larkspur Restaurant)/Tract F, Vail Village 5m Filing. Applicant: Larkspur Restaurant & Bar Planner: Brent Wilson WITHDRAWN A 1 TO1YNV OF PAIL ' 5. Information Update SELECTION OF PEC REPRESENTATIVE AT DRIB FOR 2000- Doug Cahill - Jan-Apr. 5, '00 Chas Bernhardt - Apr 19, '00 Galen Aasland - May 3, '00 Brian Doyon - May 17, '00 - Jun 7, '00 Tom Weber - Jun 21, '00 John Schofield - Jul 5, '00 Chas Bernhardt - Jul 19, '00 Doug Cahill - Aug 2, '00 Tom Weber - Aug 16, '00 - Sep 6, '00 Galen Aasland - Sep 20, '00 John Schofield - Oct-Dec '00 6. Approval of July 24, 2000 minutes. The applications and information about the proposals are available for public inspection during regular office hours in the project planner's office located at the Town of Vail Community Development Department, 75 South Frontage Road. Please call 479-2138 for information. Sign language interpretation available upon request with 24 hour notification. Please call 479-2356, Telephone for the Hearing Impaired, for information. Community Development Department Published August 11, 2000 in the Vail Trail 2 COUNCOL FOLLOW-UP TOPIC QUESTIONS FOLLOlWUP l 2000 _ I BOB: Write a letter to the organizers to thank them for 06/06/00 - BALD MOUNTAIN NEIGHBORHOOD creating such a lovely garden. ENTRY Diana Donovan 07/25/00 DOBSON ICE ARENA PAM: Inc. 500 organizers have expressed negative Pam and Lorelei will be meeting with Kathy Fort Carty from Destination feedback re: the approval process for the use of Dobson Services. Destination Services personnel are currently preparing a written Rod Slifer Arena. follow up summary. 08/03/00 EMPLOYEE GENERATION PAM/BETH: Schedule a joint work session with Eagle Eagle County Commissioners office asked that we submit a letter County Commissioners, as soon after the November 7`h requesting a joint meeting. See the attached letter. Chuck Ogilby election, as possible to discuss: Employee Generation. _ 08/08/00 COPS/CEO'S IN CARS ON DEB: Although it is recognized from a safety perspective FRONTAGE ROAD staff needed to enforce keeping vehicles off the frontage roads last weekend, it would have been more user-friendly to see them out of vehicles more regularly giving advice and Diana Donovan direction. 08/08/00 BIG HEAD TODD PAM/LORELEI/TOM: It would have been helpful had the The Local Licensing Authority administers the State Liquor Code as it Local Licensing Authority known earlier that the above band pertains to alcohol. Other impacts do not fall under their purview. The LLA Diana Donovan was playing - so to be more helpful in discussing security, discussed this event on August 9, 2000. impacts, etc., in this area of town in re: the liquor license and event. Also, it is understood heavy advertising of the concert on the front range also promoted the large attendance. 08/08/00 MOTORIZED SCOOTERS ON BIKE DEB: Are we at a point where we need to be more pro- PATHS AND IN VILLAGE active about educating users, enforcing guidelines, possibly revising our rules for use in pedestrian and bus lane areas? August 11, 2000, Page 1 II Kevin Foley I (See Ron Byrne letter) August 11, 2000, Page 2 ORDINANCE NO. 21 SERIES 2000 AN ORDINANCE SUBMITTING TO THE REGISTERED ELECTORS OF THE TOWN OF VAIL AT THE COORDINATED GENERAL ELECTION TO BE HELD ON TUESDAY, THE 7T" DAY OF NOVEMBER, 2000. THE QUESTION ON WHETHER SECTION 2-6-9, REAL ESTATE TRANSFER FUND, SHOULD BE AMENDED TO INCLUDE ADDITIONAL DEFINITIONS FOR THE PURPOSES OF TITLE 2, CHAPTER 6. WHEREAS Section 5.7 of the Vail Town Charter empowers the Council on its own motion to submit at a regular election any proposed ordinance or any question to a vote of the registered electors; and WHEREAS the Town Council is of the opinion that the proposed ordinance to expand the definition of terms used in Section 2-6-9 is to properly be decided by the registered electors of the Town of Vail. NOW, THEREFORE be it ordained by the Town Council of the Town of Vail, Colorado: SECTION 1. At the Eagle County coordinated general election to be held in the various precincts and at the polling places of the Town of Vail on Tuesday, the 7t" day of November, 2000, between the hours of 7 A.M. and 7 P.M., there shall be submitted to the vote of the registered electors of the Town of Vail the question herein authorized. SECTION 2. At the said election, the official ballot including absentee ballots, shall state the substance of the question to be voted upon and so stated shall constitute the ballot title, designation and submission clause, and each registered elector voting at the election shall indicate his or her choice on the question submitted, which shall be in the following form: Question No. 2 Shall the Town of Vail Code Section 2-6-913. be amended to include the following definitions. Improving: The act of constructing any building, structure, bridge, work of art, area, parking facility, public facility, fence, gate, wall, landscaping, or other object constituting a physical addition to real property. Incidental: Used in conjunction with Open Space: Includes active open space that may be improved and set aside, dedicated, designated or reserved for recreational facilities, as well as passive open space that is essentially unimproved and set aside, dedicated, designated, or reserved for public use and enjoyment. Parks: Public land available for recreational, educational, cultural or aesthetic use. Recreation: Includes active recreation which requires constructed facilities and organized activities, as well as, passive recreation that involves existing natural resources and has a minimal impact. Recreation Paths: Includes natural and minimal impact walk ways, as well as, improved surfaces separate from the traveled portion of the roadway and available for a mixed use of pedestrian and non-motorized vehicles. For the Measure Against the Measure SECTION 3. If a majority of all the votes cast at the election shall be for the measure, the measure shall be deemed passed. SECTION 4. The election shall be conducted under the provisions of the Charter and ordinances of the Town of Vail and, to the extent applicable, under the provisions of the Colorado Municipal Election Code as set forth in Title 31, Article 10 of the Colorado Revised Statues (C.R.S.) and Title 1 (Colorado Election Code) of the Colorado Revised statues (C.R.S.). SECTION 5. The Eagle County Clerk and Recorder shall give public notice of the election on the question hereby submitted (a) by causing the notice to be published in The Eagle Valley Enterprises (and the Town Clerk of the Town of Vail will publish the notice in The Vail Trail) as provided by law, (b) by mailing to "all registered voters" at each address of record within the Town of Vail at which a voter is registered no later than twenty five (25) days before the election a notice entitled "Notice of Election on a Referred Measure." This notice shall include only: (1) the election date and hours for voting, (2) the ballot title, (3) the text of the measure to be voted upon, (4) the office address and telephone number of the Eagle County Clerk and Recorder, and (5) two (2) summaries, not more than five hundred (500) words each, one (1) for and one (1) against the measure, of written comments filed with the Vail Town Clerk no later than forty- five (45) days before the election. No summary shall mention names of persons or private groups, nor any endorsements of or resolutions against the measure to dam' 4 ti be voted upon. The Vail Town Clerk shall maintain on file and accurately summarize all relevant written comments. SECTION 6. The officers of the Town of Vail are authorized and directed to take all action necessary or appropriate to effectuate the provisions of this ordinance. SECTION 7. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each 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 8. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. SECTION 9. The repeal or the repeal and enactment 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. 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, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15th day of August, 2000, and a public hearing shall be held on this Ordinance on the 5th day of September, 2000, at 7:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED in full this 5th day of September, 2000. Ludwig Kurz, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk PkA\ app ee eb T04W OF VAIN, Office of the Town Manager 75 South Frontage Load Vail, Colorado 81657 970-479-2105/Fax 970-479-2157 TM MEMORANDUM TO: Vail Town Council FR: Bob McLaurin, Town Manager RE: Town Managers Report DT: August 15, 2000 TOP SOIL STORAGE IN DONOVAN PARK Concern and criticism has been expressed about the top soil currently stored on the north end of Donovan Park. This soil will be used in the construction grading for the improvements to Donovan. Additionally, this soil was moved from Ellefson Park directly to Donovan at a cost of $3.81/cubic yard, as opposed to $15-$20/cubic yard to move it elsewhere. We have paid up to $25/cubic yard in the past to remove and cart away soil from projects. WAYFINDING UPDATE As you'll recall, Council voted on March 3 to authorize up to $500,000 in the capital fund, $10,000 in the general fund and $48,000 in the Real Estate Transfer Tax fund toward the first phase of a comprehensive wayfinding program to improve our street and pedestrian directional signs. Although we had hoped to have many of these signs installed by summer, we have deliberately slowed the project down to ensure that important quality controls are met which will save us time and money in the future. These controls include testing stress load limits of light poles which will hold the pedestrian arrows; developing a functional bracket attachment system; testing the durability of new signs to be hung in the parking structures; and making numerous improvements to the sign messages and their locations. We've also been continuing our discussions with the Federal Highway Administration as well as the Colorado Department of Transportation as we seek appropriate approvals to extend the six region color concept to 1-70, the roundabouts and the Frontage Roads. As of August 10, we've authorized production of the following: 360 pedestrian arrows to be placed in 90 locations throughout Ford Park, Golden Peak, Vail Village, LionsHead and Cascade Village RECYCLED PAPER 100-plus interior directional signs within the Vail Village and LionsHead parking structures 30 skier drop-off regulatory signs to be placed throughout Golden Peak, Vail Village and LionsHead new bus stop signs for the 17 in-town stops 8 pedestrian maps to be placed in Vail Village and Lionshead 2 corporate limit signs on 1-70 These signs will take approximately 10 to 12 weeks for fabrication. Upon delivery, we'll install them as quickly as possible in preparation for ski season. Once state and federal approvals are in place for the remainder of the vehicular signs, we'll move forward with that fabrication as a second phase. As expected, approvals for signs on the frontage roads, at the roundabouts and along 1-70 are proving to be especially tedious due to the non-conforming scope of this project. We're also moving forward on other elements of Vail's wayfinding program to include a comprehensive trail marking system which will be installed next spring as well as a new family of regulatory signs. In addition, we'll be bringing you recommendations on a family of neighborhood street and entry signs, neighborhood park identification signs and Ford Park entryway signs. Yet to be funded is the Corbin Design recommendation for Vail gateway signs at each of Vail's three interchanges as well as a freeway monument along 1-70. If you have additional questions about the status of this project, please contact me. Although long overdue, I continue to believe this project will greatly improve the aesthetics of our community as well as dramatically improve Vail's relationship with its guests. SUMMARY OF MODIFICATIONS TO THE PUBLIC USE ZONE DISTRICT/GENERAL USE ZONE DISTRICT Please see the attached Summary of modifications to the Public Use Zone District/General Use Zone District Ordinance No. 21, Series of 1994. UPCOMING ITEMS: Auaust 22. 2000 WS-2:00 P.M. DRB Report Ferry Appeal Potato Patch Club-Office Space Parking Discussion A,B,C Parcel Discussion Muni Building Remodel September 5. 2000 WS-2:00 P.M. PEC Agenda and Report Town Council of Vista Bahn (Tap Room) Deck and Site Visit September 5. 2000 TC-7:00 P.M. 2nd Reading of Ordinance No. 20, Series 2000 - Innsbuck Buy Down Unit 2nd Reading of Ordinance No. 21, Series 2000 - Calling an election to modify RETT Language to clarify uses of the fund strictly for recreational purposes. September 12. 2000 WS-2:00 P.M. Local Marketing District Board of Directors DRB Report/PEC Agenda September 19. 2000 WS-2:00 P.M Noon-Joint Worksession/Lunch with PEC and Town Council \ September 19. 2000 TC-7:00 P.M. 2nd Reading of Ordinance No. 11, Series 2000 - Model Traffic Code Summary of modifications to the Public Use Zone District/General Use Zone District Ordinance 21, Series of 1994 1) PROCESS RELATED TO THE 1994/1995 OPEN SPACE ZONE DISTRICT CHANGES The open lands plan identified the need to further protect open lands and enhance recreational opportunities by improving the zoning code and by rezoning certain properties in the Town of Vail. The steps in the process included: o In 1994, Ordinance 21 was approved which created the Outdoor Recreation Zone District (which was intended to replace the Agriculture Open Space Zone District), made text changes to the Green Belt Natural Open Space District (was renamed to the Natural Area Preservation District), and made text changes to the Public Use Zone District (was renamed to the General Use Zone District). The purpose of Ordinance 21 was to make text amendments to improve the protection of open space in the Town of Vail. The Town Attorney indicated that notification to all property adjacent owners for a text amendment of this kind was not required as per Section 12-3-6 (c- 2). This Ordinance was properly noticed in the newspaper. As a practical matter there were several PEC and Town Council meetings on this issue and multiple articles in the newspaper. o In 1995, the Town proceeded with modifications to the Town of Vail Land Use Plan (Resolution 13, Series of 1995) to eliminate inconsistencies between the land use plan and zoning. The land use designation was changed for 14 properties. All adjacent property owners were notified as per the Town Code. In 1995, Ordinance 19 was approved which rezoned 67 properties as part of the implementation of the Comprehensive Open Land Plan. All adjacent property owners were notified as per the Town Code. 2) SUMMARY OF CHANGES TO THE PUBLIC USE ZONE DISTRICT (Bold idicates an addition and 6triketlreogk indicates a deletion) NAME OF DISTRICT: GENERAL USE DISTRICT PUR IC USE EISTP GT (The name of the District was changed from the Public Use District to the General Use District.) 12-9C-1: PURPOSE: (There were no changes to the purpose section) The General Use District is intended to provide sites for public and quasi-public uses which, because of their special characteristics, cannot be appropriately regulated by the development standards prescribed for other zoning districts, and for which development standards especially prescribed for each particular development proposal or project are necessary to achieve the purposes prescribed in Section 12-1-2 of this Title and to provide for the public welfare. The General Use District is intended to ensure that public buildings and grounds and certain types of, quasi-public uses permitted in the District are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. (Ord. 21(1.994) § 10) 12-9C-2: PERMITTED USES: The following uses shall be permitted in the GU District: . Passive outdoor recreation areas, and open space. Pedestrian and bike paths. (Ord. 21(1994) § 10) P49c parks, plG~ edc and-spy . cpaae-(Moved to a conditional use) Seasenal --tnistures er u- G96 Antevato to a conditional use) 12-9C-3: CONDITIONAL USES: A. Generally: The following conditional uses shall be permitted in the GU District, subject to issuance of a conditional use permit in accordance with the provisions of Chapter 16 of this Title: Churches. Equestrian trails. Golf courses. Helipad for emergency and/or community use. Hospitals, medical and dental facilities, clinics, rehabilitation centers, clinical pharmacies, and ambulance facilities. (Added to reflect uses on the hospital site) Major arcade. Plant and tree nurseries, and associated structures, excluding the sale of trees or other nursery products, grown, produced or made on the premises. Public and private parks and active outdoor recreation areas, facilities and uses. (Was a permitted use) Public and private schools and educational institutions. Public and quasi-public indoor community facility. tarp these-pied ir. S a mitted +&es) ` Public buildings and grounds. Pbhis G9 fecilitias Public parking facilities and structures. Public theaters, meeting rooms and convention facilities. Public tourist/guest service related facilities. Office aeEl eu6ct n9late '6es Public transportation terminals. Public utilities installations including eXGIHding transmission lines and appurtenant equipment. Seasonal structures or uses to accommodate educational, recreational or cultural activities. (Was a permitted use) Ski lifts, tows and runs. Type III employee housing units (EHU) as provided in Chapter 13 of this Title. Type-1V EI:- U cs wed in Sest+e l 9.1?-.97-8 Water and sewage treatment plants. Man Reseped B. Proximity To Parking Required: The following conditional uses shall be permitted in accordance with the issuance of a conditional use permit, provided such use is accessory to a parking structure: (This provided greater specificity of what could be included with parking facilities by obtaining a conditional use permit) Offices. Restaurants. Ski and bike storage facilities. Sundries shops. Tourist/guest service related facilities. Transit/shuttle services. (Ord. 6(2000) § 2: Ord. 21(1994) § 10) 12-9C-4: ACCESSORY USES: The following accessory uses shall be permitted in the GU District: Minor arcade. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof, with the exception of buildings. (Ord. 21(1994) § 10) 12-9C-5: DEVELOPMENT STANDARDS: A.Prescribed By Planning And Environmental Commission: In the General Use District, development standards in each of the following categories shall be as prescribed by the Planning and Environmental Commission: 1. Lot area and site dimensions. 2. Setbacks. 3. Building height. 4. Density control. 5. Site coverage. 6. Landscaping and site development. 7. Redd 7. Parking and loading. B. Reviewed by Planning and Environmental Commission: Development standards shall be proposed by the applicant as a part of a conditional use permit application. Site specific development standards shall then be determined by the Planning and Environmental Commission during the review of the conditional use request in accordance with the provisions of Chapter 16 of this Title. (Ord. 21(1994) § 10) F:\cdev\COUNCI L\MEMOS\00\generalusezone.doc