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2004-11-02 Support Documentation Town Council Evening Session
v I~UI3LIC I~EETINfs ~-CEIV®A 4.45 P.1~1., T4JES®AV, IVOVEMER 2, X004 Qlo~ru~ediately Following TRAFIC) V~-Il_ Y®V~/R9 COIIIVCIL CHA11116ERS 75 S. l=rontage Road W. Vail, C® 81657 V~®TE: ~'imes of items are approximate, subject to change, and cannot be reified upon to determine at what time Council viii consider an item. 1. ITEItlI/T®PIC: Citizen Input. (10 min.) 2. Greg Hall ITEI~I/T®PIC: Streetscape Update. (5 min.) 3. ITEflfl/~'®PIC: Consent Agenda. Approval of Public Session Minutes from 10.06.04 and 10.19.04. (5 min.) 4. Russ Forrest ITEI~i/T®PIC: Conference Center Update. (30 min.) ~ Short-Listing General Contractors. ~ Public Input. 5. Pam Brandmeyer I'YI=f~/'t'®PIC: Ice Dome Bids. (15 min.) ~ Store for additional year. 9 Re-advertise (OBO}. ~ Defer until Vail Recreation District election (VRD). ~ Western Eagle County Metropolitan Recreation District (WECMRD), Consider Valley Wide Options. ~ Valley Wide Ice Users Alliance (VWIUA). 6. Bill Gibson ITEI~/T®PIC: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's approval of a conditional use permit application, pursuant to Section 12-78-46, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck,. located at the Vista Bahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1St Filing, and setting forth details in regard thereto. (5 min.) ,~ ACTION REQUESTED OF COUNCIL: Approve a continuance of this appeal to the Town Council's November 16, 2004 public hearing. BACKGROUND RATIONALE: To ensure appropriate notification to adjacent property owners, this item must be continued to the Town Council's November 16, 2004, public hearing. STAFF RECOMMENDATION: Approve a continuance of this appeal to the Town Council's November 16, 2004 public hearing. 7. Judy Camp ITEMROPIC: First Reading of Ordinance No. 25, Series of 2004. 2005 Budget Ordinance. (20 min.) 8. Russ Forrest ITEM/TOPIC: First Reading of Ordinance No. 26, Series of 2004, an ordinance amending Section 12-7H-3, Permitted and Conditional Uses, First Floor or Street Level, adding "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with conditions, or deny Ordinance No. 26, Series of 2004, on first reading. BACKGROUND RATIONALE: On October 11, 2004, the Planning &~ Environmental Commission held a public hearing to review a request to add "temporary business offices" as a conditional use in the Lionshead Mixed Use 1 zone district. Upon review of the .request, the Planning ~ Environmental Commission voted (4-1 Jewitt opposed) to forward a recommendation of approval, with modifications, of the text amendment to the Vail Town Council. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council approves Ordinance No. 26, Series of 2004, on first reading. 9. Matt Mire ITEMITOPIC: Second Reading, Ordinance No. #22, Series 2004. Adoption of Core Site Development Improvement Agreement (the Agreement) between the Town of Vail (the "Town"), the Vail Reinvestment Authority (the "Authority") and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation ("Vail Associates"), which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. (10 min.) 10. Warren Campbell VTEM/TOP9C: Second Reading of Ordinance No. #24, Series of 2004, Zehren Associates an ordinance establishing Special Development District No. 38, Manor Vail Lodge, and setting forth details in regard thereto. (5 min.) STe~Fl' RECOIIflNIEN®ATION: Table as the applicant and staff are working on the final language of the Development Improvement Agreement as directed by Town Council. 11. Stan Zemler ITEi~/TOPiC: Town Manager's Report (10 min.) ~ Vail Valley Athlete Commission Attached you will find abbreviated background information on athletes who applied for winter'04-'05 funding from the Vail Valley Athlete Commission. The commission is jointly funded by Beaver Creek Resort Company, Vail Resorts, Vail Valley Foundation and the Town of Vail. Criteria for awards is also included. Based on the criteria, the following awards were made: Sarah Schleper $5,250 Julie Littman 2,750 Stacia Hookom 2,500 Steven MacCutcheon 2,250 Nathan Asoian 1,250 Clair Bidez 1,000 Dylan Bidez 1,000 Lisa Isom 1,000 Kevin Hochtl 500 Deacon Maloney 500 ~ Council Contributions 1) Bravo! Colorado/New York Philharmonic a. If Vail is a major contributor to this summer residency, why is Bravo! hosting presentations at. libraries other than the town's, e.g., Avon, Eagle, etc. b. If Vail is a major contributor to this summer residency, why is Bravo! housing musicians at a hotel outside the Town of Vail? In an attachment to the Town Manager's Report you will find a response from Bravo! Vail Valley Music Festival to questions posed earlier by Council. As a further note, library staff has stated they will be delighted to host four children's concerts at the Vail Library this coming summer. 12. VTEflfl/TOP9C: Adjournment. (6:55) NOTE UPCOMING MEETING ART TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, NOVEMBER 16, 2004, IN VAIL TOWN COUNCIL CHAMBERS ~•. Sign language interpretation available upon request with 24-hour notification. Please call 479-2106 voice or 479-2356 TDD for information i !/ail Town Council Evening Meeting Minutes Tuesday, October 5, 200 6:00 P.M. !fail Town Council Cha~vabers The regular meeting of the Vail Tower Council was called to order at approxira~ately 6:00 P.M. by Mayor l~od Slifer. Mea~ubers present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Greg Moffet Kim Ruotolo, Members Absent: Kent Logan Staff Meerabers: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The fArst item on the agenda was Citizen Participation. Colorado Senator Jack Taylor, who was running for re-election, expressed his continued interest in working with Town Manager Stan Zemler, Colorado Motor Carriers representative Greg Fulton and officials from the Colorado Department of Transportation (CDOT) to help mitigate I-70 traffic noise. Taylor also described his success in working with CDOT to approve installation of a traffic light in Eagle-Vail. Taylor encouraged the Town Council and the citizens of Vail to call upon him for help in resolving matters that require assistance from the state. He also said he understood the importance of and would fight to protect Western Slope water. Kaye Ferry, Executive Director of the Vail Chamber and Business Association (VCBA), announced that Aspen Chamber Resort Association Downtown Catalyst Lisa Baker would be speaking at the next VCBA meeting to be held at 8 a.m. Oct. 12 in the Town Council Chambers. Ferry then made it known that Brian Vogt, the state Director of the Office of Economic Development and International Trade, would speak to the public 8 a.m. Oct. 19 at Manor Vail. The second item on the agenda was aConstruction / Streetscape Update. Public Works Director Greg Hall reported the restrooms on Wall Street were almost complete and water features on Wall Street and Earl Eaton plaza were partially operational. In addition, utilities on Hanson Ranch Road, Bridge Street and Gore Creek Drive were almost complete and planters were beginning to go in on Gore Creek Drive. Hall confirmed that utility work in the LionsHead core was postponed, although some work directly related to the Gore Creek Townhomes would continue. Moffet questioned the unevenness of the pavers recently installed in the Village. Hafl acknowledged there had been some quality control issues with the pavers, which were being addressed. The third item on the agenda was a Conference Center Update. Community Development Director Russ Forrest announced representatives from Fentress Bradburn Architects, Inc., met with Council, Planning and Environmental Commission, Design Review Board and the Conference Center Oversight Committee earlier in the day to report on progress made on the refinement of the conference center site plan. Forrest reported the following: The site plan concept calls for the facility's parking to be located under the center, and was identified as the preferred option from five alternatives presented to the Council, PEC, DRB and the general public in September. At that time, Council requested an assessment of the actual parking need for the conference center. Felsburg, Holz, and Ullvig (FHU), the town's independent traffic and parking consultant, presented a parking needs assessment. FHU representative Chris Fausching explained parking needs are driven by estimated attendance levels contained in the conference center business plan. In a scenario where a 600-700 attendee conference occurred during the ski season, 125 new parking spaces would be needed. Calculations were based on an estimated 20% of attendees arriving by automobile. Fausching reported an average of 1.25 conference-goers arrive by car, combined with staff parking requirements of 20 vehicles, amounted to the 125 number. Forrest then stated Fentress Bradburn representative Mike Winters presented parking, transit, vehicular circulation, pedestrian circulation, and floor plan possibilities associated with the preferred site plan. Potential vehicular access points, Frontage Road configurations, guest access, parking relocation and service access points were illustrated. Winters also reported new information was recently received which included a survey with property lines, topographic information and utilities. Winters stated the next steps would include: civic center schematic design, stacking diagrams, blocking diagrams and preliminary building design concepts. Forrest continued that upcoming dates in the conference center planning schedule included: an October 18, Conference Center Committee Meeting to finalize recommendation on governance; October 19, Town Council Meeting to review Master Plan and alternative architectural concepts; and October 21, public meeting on architectural character. The fourth item on the agenda was the Consent Agenda. Council unanimously approved the evening meeting minutes from Sept. 7 and Sept. 21 with minor amendments. Donovan requested a statement be replaced in item seven of the Sept 7. minutes. Cleveland requested a statement be modified in item four of the Sept. 21 minutes. Moffet moved and Ruotolo seconded the motion. The fifth item on the agenda was the award of the Vail Information Centers Contract. On a 5-1 vote, with Donovan dissenting, Council approved a committee recommendation to enter into negotiations with the Vail Valley Chamber and Tourism Bureau (WCTB) for a one-year contract to operate the Information Centers, with the contract to expire September 30, 2005. Hit moved and Ruotolo seconded the motion. The negotiations were to include: Information Center displays, content distribution, monthly accountability summarizing direct bookings from the Information Centers, and hours of operation. Moffet expressed concern that the brief contract period would not create incentive for the operating body to invest in people or capital. In presenting the recommendation, Farrow Hitt stated the Visitor Information Centers Council Subcommittee met on Sept. 28 to interview both respondents to the Request for Proposal (RFP): the Vail Chamber and Business Association (VCBA) and the WCTB. Hitt then announced that based on information from the received RFP's and interviews, it was the recommendation of the Vail Information Centers Subcommittee to recommend the WCTB. Recognizing larger issues remain to be considered, the Council members assigned to this subcommittee `, further recommended continued discussions with the Town Manager and staff to define more specifically the role of information centers in serving Vail's guests and businesses. The discussions would then culminate in a series of policy decisions to be determined by the full Council. After substantial input from supporters of the VCBA and WCTB, Council agreed to refine the RFP process, crystallize the goals and objectives of the Visitors Centers, and research how other successful visitor centers are operated. Comments made by Council and the public predominantly focused on a "Vail first" vs. "Vail only" philosophy of operations. Rob Levine, Geoff Wright, Pam Stenmark, George Knox,and Tom Backus spoke in support of the WCTB operating the centers. Michael Cacioppo, Bill Jensen, Carol Allman, John Kaemmer, Steve Rosenthal, Kaye Ferry, John Gorsuch, and Ghigui Hoffman spoke in support of the VCBA operating the centers. Staff was directed to develop a new RFP for Visitors Center operation by spring 2005. Ruotolo emphasized Council would like to revisit what was expected from the information centers and a new RFP would be utilized next year. Ruotolo stated: "This has nothing to do with confidence in whose running them. It's more about what council wants to see taking place at the information centers." Donovan announced she believed Vail assets be used to promote Vail only, as the information centers were built with Vail dollars. Donovan emphasized her point by stating the information centers contract should.be terminated if any guest was found to be sent down valley. Cleveland expressed he believed the community is larger than the Town of Vail; however, other local governmental entities have not been willing to spend marketing dollars. Council agreed that investigating and benchmarking other information centers was a good idea and should be pursued. Cacioppo stated he believed Hitt and Ruotolo were wrong to be a part of the Visitor Information Centers Council Subcommittee as their personal ties to the lodging sector in Vail constituted a conflict of interest. He then suggested both recuse themselves from the vote. Matt Mire, Town Attorney, rebutted it was his opinion the two Council members did not have a conflict of interest. The sixth item on the agenda was a Chamonix Property Master Plan Update. Community Information Officer Suzanne Silverthorn reported since July 20, 2004, at the direction of Council, the planning team of Davis Partnership/Michael Hazard Associates had been working to facilitate a master land use plan for the town-owned Chamonix property at 2310 Chamonix Rd in West Vail. The purpose of the planning is to accommodate CounciPs desire for a future fire station on the property, as well as other potential uses. The planning steps: A kick-off meeting with the West Vail neighborhood on Aug. 9, in which five key themes were identified; ~ Development of a series of fire station site plan options; ~ A residential density analysis showing height relationships and density comparisons to existing properties; ~ A second neighborhood meeting on Sept. 27 in which the most recent work was shared and comments and suggestions were collected. Silverthorn continued by stating the purpose of the Oct. 5 presentation was to provide an update, answer questions, collect comments from the Town Council, narrow the fire station options to two or three, and describe next steps. Michael Hazard of Hazard Associates then explained the criteria used to develop seven site plan options for the fire station. The options were based on grade, safety, site access, and site usage. Hazard noted three of the seven alternatives require aback-in pull-out solution and virtually all involved in the process, to date, prefer apull-through solution to avoid the use of back :~ up warning beepers, which was considered to be a noise nuisance to the surrounding neighborhood. Moffet, Hitt, and Donovan expressed concern about the size of the proposed fire station, suggesting, among other things, the site plan reduce the number of engine bays from four to two. There were also questions about the appropriate number of parking spaces needed to accommodate the station. Cleveland suggested caution, saying he didn't want to shortcut expansion opportunities, noting neighborhood interest in a community meeting room and the notion of possibly relocating the fire administrative offices to the West Vail station. As for other uses, Moffet and Cleveland expressed interest in two or three-bedroom housing units to accommodate families, as opposed to one-bedroom housing units. The need to further define programming for the fire station facility was acknowledged by Zemler. When asked to narrow the fire station location options to the top two or three, most Council members expressed support for options No. 5 and No. 7. In summarizing a discussion earlier in the day, Slifer noted that while the Council has included construction of a fire station in its five-year capital budget, the town is still working to identify a funding source_for operations. He said he's counting on assistance from Eagle County to help fund construction. During the public comment period, Scott Wirth, property manager for the Shell station, expressed a preference for option No. 7, which locates the fire station on the lower portion of the property closest to the station. Option 5, which proposes use of an easement through the Wendy's and Shell property, would create hardships for those businesses, he said. Next steps include development of a series. of master plan options for the entire site based on an evaluation of the neighborhood themes, zoning considerations, density ranges, preferred fire station locations, public-private scenarios and land-banking options. A neighborhood meeting has been scheduled for Nov. 1 to review the concepts, followed by Council review on Nov. 16. The seventh item on the agenda was the Appeal of Design Review Board (DRB) Denial of an Application to Allow for a Minor Exterior Alteration (i.e., deck replacement utilizing simulated wood), located at 2685 Bald Mountain Road/Lot 8, Block 2, Vail Village Filing 13. The Council voted 6-0 to overturn DRB's denial of this application. In introducing the appeal item prior to the vote, Chief Planner George Ruther noted or- October 16, 2001, the Vail Town Council adopted Ordinance No. 25, Series of 2001, amending the provisions of Section 14-10-D, Building Materials and Design, Vail Town Code. These amendments were "to clarify the existing regulations regarding the use of building materials, to create review criteria for the proposed use of building materials, to codify existing unwritten DRB policies into the Development Standards, to allow the Development Standards to be more responsive to the requirements of building and fire codes, and to allow the Development Standards to be adaptive to changing building material technologies." Title 14, Development Standards Handbook, Vail Town Code, regulates the types of building materials allowed within the Town of Vail. Ruther explained the guidelines encourage natural materials, such as wood, and discourage/prohibit synthetic building materials, although the quality of synthetic wood materials had dramatically increased in the past few years. Acknowledging the merits of these synthetic materials (i.e., low maintenance, mold/decay resistance, fire resistance, etc.), the DRB was reported to have established a consistent policy of approving these materials for use as the horizontal floor elements of outdoor decks. However, the DRB had also acknowledged the aesthetic limitations of these materials and established a consistent policy of not allowing synthetic wood materials to be used for outdoor deck rails, pickets, support columns, steps, fascia, soffit, corbels, trim, etc.., according to Ruther. Since the adoption of Ordinance No. 25 numerous decks throughout the Town of Vail had been approved in this manner by both the DRB and the Town Staff, with this 4 r being the first time this interpretation of Title 14, Vail Town Code, had been appealed to the Town Council. The Community Development Department recommended Council uphold the DRB's denial of this appeal. However, Council chose to overturn with the following finding: upon review of the evidence and testimony presented, the standards and conditions imposed by the requirements of Title 14, Development Standards Handbook, Vail Town Code, had not been implemented and enforced correctly by the DRB. In making this finding the Council noted it has relied upon the interpretation of the Town's adopted design guidelines by the appointed members of the DRB. During the hearing, appellants Don and Suzanne marks thanked the council for performing a site visit earlier in the day. Don Marks stated he felt he had discovered a product to remodel his deck that was aesthetically pleasing, maintenance free and ecologically friendly. Marks then expressed dissatisfaction with the appeals process and general disagreement. with the ban on simulated wood building materials. Moffet moved to overturn the DRB finding with Cleveland seconding. Cleveland stated he believed the DRB erred in its judgment. The eighth item on the agenda was an appeal of the August 18, 2004 Design DRB denial of an Application for Changes to Approved Plans at the Vail Mountain Lodge located at 352 East Meadow Drive, Tract B/Vail Village 1St Filing. The appeal was withdrawn. The ninth item on the agenda was the Second Reading of Ordinance IVo. 17, Series of 2004, an ordinance amending Special Development District #4, Cascade Village, to allow for the Creation of Development Area E, located at Tract K, Glen Lyon Subdivision, and setting forth details in regard thereto. On August 3, 2004, Council approved the first reading of Ordinance IVo. 17, with a condition requiring resolution of issues related to the Protective Covenants of Glen Lyon Subdivision, by a vote of 7-0. On August 17, 2004, Council tabled second reading of Ordinance No. 17 to October 5, 2004, to allow Vail Resorts additional time to resolve the covenant issues. The outstanding covenant issues were not resolved; therefore, Vail Resorts requested second reading of Ordinance-No. 17 again be tabled to a future Council meeting. Moffet moved to table the second reading of Ordinance iVo. 17, to January 4, 2005; Cleveland seconded. The motion passed unanimously, 6-0 The tenth item on the agenda was Resolution No. 20, Series 2004, A Resolution approving the Gore Creek Place Development Agreement between the Town of Vail and the Vail Corporation, D/B/A Vail Associates, Inc., which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek Place Town homes Development Site owned by Vail Associates and Affiliates. Mire recommended a motion to table the item until the October 19, 2004 evening session. Due to a predetermined statutory conflict, Slifer recused himself from the item. Moffet moved and Hitt seconded the motion. Motion passed unanimously 5-0 (Slifer recused). Mire did report that on Oct. 19, both the Gore Creek Place and LionsHead Core Site agreements will be included in the resolution. The eleventh item on the agenda was the Town Manager's Report. ~ Ice Dome Council voted 4-2, with Slifer and Donovan opposed, to authorize the Town Manager to continue with a bid process to sell the Ice Dome. Moffet moved and Hitt seconded. Brandmeyer reported information on the re-sale value of the Ice Dome had been collected and a timetable for sealed bids had been prepared. A component of the bid process would be an evaluation based on an estimated depreciated value: of $375,000. The process would include issuing a public notice on Oct. 6. Bids would then be due on Oct. 27, followed by a bid opening on Oct. 28, and a review by the Town Council on Nov. 2. The town would specify the bubble is to be sold as-is and the town would reserve the right to accept or refuse any or afl bids. Brandmeyer announced eight entities had contacted the town inquiring about the pending sale. In response to council inquiries, Hall stated it had been determined the refrigeration system and dasher. boards were not appropriate for outdoor use. Brandmeyer then reported the Vail Recreation District would not provide an outdoor ice rink this winter as they would not support activities that do not generate revenue. Council agreed the VRD decision was inappropriate and the town must continue to pursue better recreation alternatives. - Community Meeting Brandmeyer announced the annual community meeting had been set for Thursday, December 30, 2004, at the Donovan Pavilion and staff had already begun the process to apply for a Special Events Permit (e.g„ 1 day liquor license for that event). Donovan inquired as to why liquor was served at the event. Brandmeyer responded it had become a custom at the event as it was also social in nature. Council gave direction to continue planning the event as usual. - Joint Council Meeting with Town of Breckenridge Agenda Brandmeyer asked if Council had any items they would specifically care to have included on the joint Town of Breckenridge / TOV Council meeting agenda. Cleveland asked the Council to investigate Breckenridge's art district. Slifer recommended looking at the ice rink. Hitt inquired if Breckenridge operated information centers. Brandmeyer was then directed to explore Nov. 30 as a possible meeting date. - Grant of Utility Easement for Tract B, Vail /LionsHead Third Filing Council authorized the Town Manager to sign permanent utility easements for the construction of utilities within town owned property in LionsHead to allow the relocation of the .utilities prior to constructing the .Gore Creek Town Homes and LionsHead Core site. Due to a predetermined statutory conflict, Mayor Slifer recused himself from the item. Ruotolo moved and Moffet seconded. The motion .passed unanimously, 5-0 (Slifer recused). Donovan requested .Vail Resorts be required to restore wetlands if any were compromised in the project. The twelfth item on the agenda was adjournment. The meeting was adjourned at approximately 8:25 p.m. Moffet moved and Ruotolo seconded to adjourn. The motion passed unanimously, 6-0. V Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. ~- Vail Towru Council Evening Meeting Mio~utes Tuesday, October 'l9, ~00~ 6:00 P.M. Vail Town Council Chambers The regular oraeeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor FZod Slifer. Members present: Dick Cleveland, 11Aayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor Staff Members: Stan Zemler, Town Manager fViatt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Avon Mayor Buz Reynolds, a candidate for Eagle County Commissioner, discussed his platform, noting a desire to increase communications between the county and the towns. Reynolds also introduced his support for afive-member commission for greater representation. Referring to economic development, Reynolds expressed the desire to build an economic climate in the county where children who grow up in Eagle County can return and find opportunity. Addressing I-70 traffic mitigation, Reynolds stated more asphalt is not the answer. He concluded by encouraging Council to continue to support local ski areas in their attempts to improve. Paul Rondeau questioned the upcoming Vail Recreation District (VRD) ballot proposal 5B. This initiative requested bond authorization. to fund clubhouse/Nordic Center redevelopment at the Vail Golf Course. Rondeau said any type of long term financing, such as bonds to pay for improvements, would not be retired until after the existing lease of the town-owned property expired. Slifer stated no dialogue with the VRD had taken place regarding financing or lease agreements. Zemler stated he would get back to Rondeau. The second item on the agenda was the Streetscape Update. Public Works Director Greg Hall announced the new snowmelt system was operational on Lower Bridge Street. In addition, quality control issues were being addressed as they related to pavers. Hall continued, Earl Eaton Plaza was nearly completed and the restrooms were awaiting a certificate of occupancy. Hall also noted pavers on Wall Street would be completed soon and utility work on Hanson Ranch Road would continue while some additional paving on Hanson Ranch and Gore Creek Drive might need to occur. Overall, the project was reported to be on schedule and continuing to move forward. Donovan inquired as to the status of the Pirate Ship Park rebuild. Hall replied preliminary reports, suggested by his eight-year-old daughter, indicated a superior.pirate ship structure was being constructed The third item on the agenda was the Pulis Covenant Removal, an Amendment to Covenants, Vail Valley 3~d Filing. Introducing this item, Mire stated the item removed antiquated covenants on two tracts of town-owned property, and the town was acting merely as a property owner. Mire then recommended Council authorize the Town Manager to enter into an agreement to remove the covenants. Slifer recused himself from the item. Donovan stated the covenants are currently a part of design guidelines and inquired as to the actual location of the tracts. Jay Peterson, representing both Vail Resorts and George Lamb, a local real estate broker, identified the town-owned tracts to be located on Sunbird Drive which are subject to avalanche risk. Moffet moved and Ruotolo seconded the motion. The motion passed unanimously, 6-0 (Slifer recused). The fourth item on the agenda was Conference Center Site Planning and Design Update. Community Development Director Russ Forrest informed Council that conference center designers/architects Fentress Bradburn would be providing an update on progress for master planning the site and the design team wanted to review several options before plans are finalized. Forrest also stated the design team would introduce three alternative architectural concepts (alpine traditional, contemporary and natural environment) prior to reviewing them in public meetings scheduled to occur on Oct. 20. Mike Winters, representing Fentress Bradburn, began by explaining illustrated blocking and stacking diagrams for three proposed options. Winters explained the diagrams remained in the developmental stages and more responsive elevation diagrams would be presented in a few weeks. After receiving citizen input, Council agreed the. conference center should be viewed as an architectural icon for the town. Council also consented it would make the ultimate determination of what architectural design would be used for the project; however, it was acknowledged community consensus would be an important component in leading to the success of the project. Vehicular access, parking,, solar exposure of the meeting rooms and building to the budget, as opposed to building to needs and requirements, highlighted Council dialogue. Council directed staff and the project designers to continue gathering community input on the design concepts. During public comment, George Knox, Paul Rondeau, Gordon Pierce, Bill Jewitt, David Viele and Jim Lamont applauded the project, encouraging Council to continue to harvest and assimilate public input regarding design/costs and building materials. The fifth item on the agenda was an appeal of the September 1, 2004, Design Review Board (DRB) approval of a proposal made by Vail Viking, Ltd. to build a new single family residence ("Keck Residence") located at 4916 Juniper Lane/ Lot 4, Block 5, Bighorn 5~' Addition, by the owners of 4839 Meadow Drive/Lot 17, Block 5, Bighorn Stn Addition, Robert and Kathryn Valleau. Council upheld, by a vote of 6-1 (Donovan opposed), the DRB's unanimous decision to approve the proposed new residence located at 4916.Juniper Lane/Lot 4, Block 5, Bighorn Stn Addition, as the design met the criteria of the Design Guidelines and the Development Standards Handbook of the Vail Town Code. Moffet made the motion and Ruotolo seconded. The appellant, Robert Valleau, made a presentation of the reasons behind his request to overturn the DRB approval and cited different decisions made by the DRB as the project has evolved through the process. Dominic Mauriello, the representative for Vail Viking Ltd., the applicant, made a presentation in support of the proposed Keck residence and demonstrated its compliance with all of the design guidelines and development standards. Wendell Porterfield, also representing Vail Viking Ltd., spoke in favor of ~~ 2 .- upholding the appeal and questioned the validity of a Valleau petition because it was presented at a separate PEC hearing and action. Citizen input was given which supported both sides of the issues involved and Council ultimately upheld the DRB decision. Bill Pierce, neighbor, architect for the project and DRB member spoke in favor of the DRB decision and encouraged Council to uphold the decision. James Fitz, local horticulturalist, questioned the survivability of proposed vegetation on the site. Tony Rieson, Richard Leslie and Maurey McContney spoke in support of the Valleau appeal. The sixth item on the agenda was the first Reading of Ordinance fVo. #24, Series of 2004, an ordinance establishing Special Development District (SDD) fVo. 38, Manor Vail Lodge.The purpose of the new SDD is to facilitate the redevelopment of the Manor Vail Lodge, located at 595 Vail Valley Drive. Upon review of the request, the PEC voted to forward a recommendation of approval of the request to establish Special Development District No. 38, Manor Vail Lodge, to the Vail Town Council. Senior Planner Warren Campbell announced the applicant was proposing to utilize town owned tennis courts for staging of construction materials, located on the parcel of land adjacent to Manor Vail Lodge along Vail Valley Drive and in return the applicant would resurface the courts. Campbell also explained the new development would encroach 34 square feet into town owned stream tract. Representing East West Partners, Chuck Madison articulated what he believed to be advantages to the town that the Manor Vail Lodge development/redevelopment would provide. Representing Zehren and Associates, Brian Sipes provided a visual presentation of the proposed development/redevelopment. Sipes went on to say the 17 new units would facilitate redevelopment funding fora 40 year old property. Madison and Sipes also stated allowing the staging on the tennis courts would allow the project to be completed quicker and require fewer construction vehicle deliveries. Vail Village Homeowners Representative, Jim Lamont, spoke in favor of the project. Representing the All Seasons Condominiums Association, Christelle Beck articulated the project would be disruptive to the surrounding neighborhood. Logan communicated he felt the project would create a much needed visual improvement to the area. Moffet and Donovan expressed concern regarding the inclusion of the new condominium units in the town's "hot bed" rental pool. Hitt stated he did not want to set a precedent by allowing for stream tract intrusion. Council also asked for an investigation of possible impact fees for parking clubs. Council then questioned the proposed public improvements surrounding the master planning and streetscaping of the abutting thoroughfares, Chalet Road and Vail Valley Drive. Town staff, Madison and Sipes assured Council all concerns would be addressed. Ruotolo moved to approve the ordinance with Logan seconding. The motion passed unanimously, 7-0. The seventh item on the agenda was Resolution No. #20, Series 2004. A resolution approving the Gore Place Development Agreement between the Town of Vail, the Vail Reinvestment Authority and the Vail Corporation, D/B/A Vait Associates, Inc., a Colorado Corporation, pertaining to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Gore Creek owned by Vail Associates and Affiliates. Council unanimously approved the resolution 6-0, as Slifer recused himself from the item. Moffet moved the motion with Ruotolo seconding. The eighth item on the agenda was the first reading of Ordinance fVo. #22, Series 2004. Adoption of Core Site Development Improvement Agreement between the Town of Vail the Vail Reinvestment Authority and the Vail Corporation, D/B/A Vail Associates, Inc., a Colorado Corporation which agreement pertains to certain respective rights and responsibilities of the Town and Vail Associates in relation to the Core Development Site owned by Vail Associates and Affiliates. Council unanimously approved the ordinance 6-0, with Slifer recused. Moffet ,moved and Hitt seconded the motion. Jay Peterson, representing Vail Resorts, requested a financing contingency be placed in the agreement related to adequate pre-sales and other factors. Council then expressed gratitude for town staff's diligent work in the lengthy negotiations leading up to the ordinance. Logan then gave thanks to Vail Resorts for their significant private investment. Moffet moved, with Hitt seconding, amending the motion to add the financing contingency to the agreement. The Vail Reinvestment Authority approved two Development Improvement Agreements contingent upon Council approving Resolution No. #20 and Ordinance No. #22. The ninth item on the agenda was Resolution No. 21, Series 2004, a resolution approving the Parking Capital Investment Agreement between the Town of Vail and Vail Associates. Mire stated Vail Associates had agreed to invest up to $4.3 million to augment the town's public parking capability, pursuant to the terms and conditions contained in the Agreement and the Agreement could not become effective until it had been adopted and approved by the Town Council via resolution. Moffet moved to approve the resolution with Ruotolo seconding. The motion passed unanimously, 7-0. Then tenth item on the agenda was the Town Manager's Report - Skateboard Park Zemler and Mire stated the skate park structure had been condemned, and in the 2.005 budget overview, staff is recommending returning the issue of a permanent skate park to the Capital Committee for site recommendation, as well as moving the 2007 RETT funding forward to 2005 for design and 2006 for construction. Moffet recommended Council make a site visit to Aspen's skate park. Other Council members mentioned there are several other well-designed skate parks more locally located. Zemler asked for input as to a possible location for a new skateboard park in Vail. - Outdoor Primitive Ice Skating Surface Zemler announced at the Capital Committee meeting on Oct. 7, direction was given to the staff of both the Vail Recreation District (VRD) and TOV to assemble cost estimates for an outdoor ice surface adjacent to the golf course clubhouse. Additionally, Council received input from a VRD board member following VRD's discussion Oct. 12, with further clarification from Jody Blackburn, VRD's finance director. It was possible these costs could be reduced considerably for this upcoming season if: a) --Dasher boards are eliminated and a natural snow berm is created. b) --Grass seed or artificial sod (1 time cost) is used rather than regular sod. c) --Under the "Electrical" category, the first two items in re: to switch gear and lighting panel are already to be eliminated as this was work that would have to have been completed to bring the facility up to code only if the bubble went back up. It is not required for an outdoor ice surface only. d) --Under labor, the proposal for VRD to supply three workers and the town five workers. With direction from Council, town employees can be used for this project but will be displaced from work assignments already in place. In the past, as well, staff has been asked to give an overall effective cost to the town, which is why the labor is included. Brandmeyer then explained elimination of the above materials would amount to $16,230 in savings. She further communicated the VRD stated they would utilize $5,000 identified for Ice Dome storage if the aforementioned item was sold. Zemler ended the discussion by stating he did not recommend utilizing significant town staff time or resources to maintain a second sheet of ice based on the fact the VRD has a specific mission to provide such recreational amenities and the town •did not. Donovan reinforced Zemler's statement by noting what she described as lip service from the VRD. Slifer then stated the Nov. 2 evening meeting start time may change due to community interest in watching the presidential election returns. The a@eveinth item on the agenda was adjournment. The meeting was adjourned at approximately 11:15 p.m. Moffet moved and Ruotolo seconded to adjourn. The motion passed unanimously, 7-0. Respectfully Submitted, Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. MEfViORANDUNi TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: November 2, 2004 SUBJECT: Update on the Vail Conference Center Planner: Russell Forrest 1. PURPOSE The purpose of this worksession is to: Update on public input to date on the alternative architectural approaches for the conference center o Review recommendation from the Conference Center Advisory Committee to short-list general contractors to receive requests for proposals. o Request to review a request for proposals for the conference center. 2. BACKGROUND The Vail Town Council on April 20, 2004, authorized a series of next steps which included interviewing owner's representative firms for the Conference Center. On April 29, 2004, the Committee met to interview five owner's representative firms. On May 18, 2004, the Vail Town Council authorized the Town Manager to execute a contract with ARC to be the Town's owner's representative and funding for the first phase of this contract or $8,510. The Vail Town Council also authorized the Committee to negotiate with both Piper Jaffray and Kirtpatrick Pettis to be the Town's investment banker on this project. On June 1, 2004, the Vail Town Council voted to approve the following requests from the Committee: Authorization to engage Piper Jaffray as the Town's investment banker for the Conference Center. o Authorization to issue an RFO for design team assistance on the Conference Center. o Request to move forward with a negotiated guaranteed maximum price (GMP) process for engaging a design team and a general contractor (as opposed to a design build process). This essentially means that both the architect and general contractor will work for the Town of Vail. Request for the Vail Town Council to approve the next phase of an owner's representative contract. The preconstruction phase of the contract would cost up to $155,774. However, the Committee is only requesting $93,212 (includes I fees and reimbursables) to fund this function until a decision is made by the Vail Town Council to issue bonds which is anticipated in the November/December 2004 time frame. On June 15, 2004, the Vail Town Council reviewed and approved the following next steps: • Approval of the proposed process for engaging the public in the design team selection process. • Selection criteria for request for proposals. • Consideration of proposed process givens. • Review of updated project budget and interrelated parking costs, and • Consideration and review of the major points of the proposed scope of service request for proposals for design services (to be given to the top 3-4 teams selected in the qualification competition). On July 6"', the Vail Town Council reviewed and approved the following next steps: Review the recommendation from the Committee on short-listing the design team candidates and to issue the Request for Proposals (RFP) to the .six recommended design teams. Review and approve suggested changes to the design team selection process from the Committee. Request permission to issue a RFP for a surveyor to survey the Lionshead parking structure site and surrounding area. On July 20, 2004 the Vail Town Council unanimously approved the following: o A contract for design services with Fentress Bradburn. Approval of next steps for master planning the Lionshead Parking Structure/conference center site. On September 21, 2004 the Town Council, Conference Center Advisory Committee, Design Review Board, and Planning and.Environmental Commission reviewed 5 alternatives site plans. In addition, the public reviewed the same alternatives on September 22"d. The near unanimous opinion from the various groups that reviewed the site plans was that alternative 3 is the preferred choice. Staff is now adjusting what the Design Team will be working on over the next two week to further refine alternative three and test this alternative versus developing other alternatives further. On October 19`h the Vail Town Council met and reviewed an update on architectural images for the conference center and authorized the Committee to move forward with public discussions regarding the alternative styles. 3. DESCRIPTION OF REQUESTS A. Input on Architectural Imaaes Attachment A reviews the public input to date on the three architectural images. Staff will continue to meet with community stakeholders to solicit input on these images. On November 16th, staff will review all the input received on the alternatives and we anticipate forwarding a recommendation from the Committee on the architectural style to the Town Council. B. General Contractors The Committee met on October 21St and reviewed the qualification submitted by six general contractors. After reviewing the qualifications, the committee is recommending to the Vail Town Council that three general contractors receive requests for proposals: Those general contractors include: Hansel Phelps Construction Hunt Construction Grou/Hyder Construction M.A Mortenson Company A motion is requested from the Vail Town Council to authorize which contractors should receive a request for proposals. Attachment B summarizes the process and the qualifications of the six companies and teams which submitted qualification statements. C. Reauest for Proposals Attachment C.is a draft request for proposals for the Town Council Consideration. Staff would. request that this proposal be authorized to be submitted to the general contractor finalist. D. Next Steps November 4, 2004 at 5:00 in the Vail Library-Public Open House November 10, 2004 ~onferenee Center Advisory Committee at 3:00 November 16, 2004- Vail Town Council Meeting to review Master Plan and recommendation from the Committee on architectural character. Attachment A Public Input on alternatives Attachment B General Contractor Qualifications Attachment C Draft Request for Proposals c F:\Users\cdev\COUNCIL\MEMOS\04\conference center110204.doc t~a~ eat ~ o Design Style Comments Town of Vail Conference Center Stakeholder Meeting Comments 21 OCT 04 Design Style Stacking Diagrams Brought Up By Question /Comment ~ ~ ~ U o ~ ~. ~ ' N o f o~ m o ~ a ~ c 3 c ° o U U w m ~ N " ~ E ~ ~~ m d c ~ = ~ .n ~ z O 0 o a o QU = QO3 .~~ c~a a 1 Would like additional development on the roof structure and X covering ideas and options for the "natural" design style 2 Concern with the natural style not effectively tying the X villages together 3 Need to engage more public comment and input X X 4 Prefer the traditional and natural styles to the modern style X 5 Need to confirm the proposed options can be built within the X current budget 6 The natural design is spectacular and will promote X marketing of the facility 7 Vail is an icon in and of itself X 8 It would be great to create our own Sydney Opera House - X an iconic image for the town, if we can afford it It would be easy to follow the traditional style, but it would X g be a mistake - 10 Prefer the modern or natural styles X 11 Need something spectacular X 12 Prefer the natural, modern, then traditiona! X I The design team was chosen to develop a style along the X 13 lines of the natural style 14 The natural style is not a Vail statement X Prefer the traditional style, but prefer the sketches to the X 15 rendering Don't compromise the building to meet the budget -wait till X 16 we have enough money to build without skimping 17 Be sure to incorporate comments from holiday crowd X 18 The natural option has potential, but is scary X The traditional option works best with the core site and ties X 19 the villages together TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... P29@ 7 O(F1 ©2004 All Rights Reserved By p:\currenl projeciri_W rchitecWral Design Style Comments.xls - ArchilecWral Resource Consulla nls, Inc. Design Style Comments Town of Vail Conference Center Stakeholder iVleeting Comments 21 OCT 04 Design Style Stacking Diagrams Brought Up By Question /Comment ~ ~ m ~ o ~ ~, ~, ~' " ~ a` ° `~ ~ ~ ~ ~ a~ ~ ~ o .a ~ n U c U W a m ~ O ~ • rn E ~ E ° ~ a~ 0_ c 3 ~ = ~" ~ ~ m~ ~ Z O O Q QV 2 Q~ ~j C~4' 4. 20 The natural option is fascinating but risky X 21 Don't mimic the "mostly roof" aspect of Dobson Arena X 22 Needs to feel elegant and maintain the feel of Vail X 23 The natural option has wild potential X 24 Concerned with the longevity of the natural option X 25 Lean toward the traditional option X 26 The design needs to be timeless X 27 Concerned with the natural design fitting into the center of town X 28 Concerned with the scale of the traditional option X 29 The natural option may accommodate the scale of the building better X 30 Concerned that the options may impose architectural restrictions on future development X 31 Ensure all options allow for daylighting X Whatever is done will be a "statement" so I don't really understand how a desire to make a statement militates toward one concept or the other; the issue is whether the statement that will be made is harmonious with other X elements of the town or not. A building that introduces a dramatically new architecture is likely to be a mistake. The natural environment of the town includes and in large part is dominated by the prevailing architectural theme which is overwhelmingly Alpine/Bavarian and will be more X so once the Core Area project is completed. The third drawing was sufficiently unclear that a variety of designs can fit within the general description. X The "Contemporary" approach was cleverly eliminated by a design that harmonized with the one part of the parking X structure that everyone agreed had to go! TEAMWORK DIVIDES THE EFFORT ANO MULTIPLIES THE EFFECT... Pale Z O(6 p 2004 All Rights Reserved By p:\currenl projeclsl..Nrchiledural Design Style Comments.xls ArchiteAural Resource Consultants, Inc. Design Style Comments Town of Vail Conference Center Stakeholder Meeting Comments 21 OCT 04 Design Style Stacking Diagrams Brought Up By Question /Comment ~ o ~ _ tO ~ o ~ o ~, ~ ~ ` a N o o ~, a> v ~ c c U m o r a > ~ ~ ° ~ m Z a O a O c o d. p -o E QU o 2 a 3 QO -° ~ ~~ a~ d C7 F- a The last variable is topography so it looks like your challenge is to provide elevations that track the mountains X but in a structure that has Alpine/Bavarian features so taxpayers like me don't have too many problems. Please register my vote in favor of the Bavarian mountain X style Please remember that the 70's contemporary architecture in Lionshead did not age well. This is and will always be a ski X resort. Your designs should reflect this without getting silly. Please do not go for the Contemporary styling. Most of Lionshead design was done in what was "contemporary" in X the 70's; now itjust looks dated. As an owner in the Lodge at Lionshead, I'd love to see the X Bavarian, but the "topography-inspired" sounds interesting I very much like the Bavaria/Mountain style best out of the 3 styles presented. This style has been used so effectively in X many ski areas. It looks elegant and beautiful in the mountain surroundings. I really dislike the contemporary style. I believe it would be X an eye sore and be very much out of place As an owner who will be viewing the conference from acros the street and Board member for the Lodge at Lionshead, the conference center has a big impact on my family and fellow owners at the Lodge. With a degree in Landscape Architecture, I also have some appreciation for design and aesthetics. X The only design of the three that stays in keeping with the feel of the Vail community is the Bavarian design. The others, while creative, would eventually, and, in the not too distant future take a decidedly dated appearance and become a blight on the community. Ensure to incorporate daylighting as it has been shown to X enhance learning If the stacking option C is chosen, the height of the structure should not be a concern as that scale is not continuous X '' along that road Account for the possibility dF expansion. X ~. The Conference Center should look like a conference cente X - it doesn't need to fit into the historical precedent Consider moving the additional meeting rooms back to the X S. to some extent in stacking diagram C TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 3 0(6 ©2004 All Rights Reserved 6y p ~currenl projects\...\Arcnitectural Design Style Commanisxls Architectural Resource Consultants, Inc. Design Style Comments 7~own of /ail Conference Center Stakeholder Meeting Comments 21 OCT 04 Design Style Stacking Diagrams Brought up By Question /Comment ~ ~ ~ o ~~ ~ N a o is ~a a c n- O ~ E a ~ 3 °~ aci o ~ ~ Z O O o QU = QO .~~ C~a a The amount of mass at the frontage road in stacking diagram C is a little concerning X Confirm the "natural" design option works with the budget X The thinking process behind the "natural' design is correct but the design needs to be refined, though it should be noted there is no lack of confidence that the design team X will come up with "appropriate architecture," There is no honesty in making the convention center look like another row of shops in town X The modern option does not fit in this area X X A roof similar to DIA may work with option 3 - it is proven to work and is budgetable X Conferences are supposed to be fun and need an exciting building like the "natural" design to enhance the experience X Concern with limited expansion opportunities with the roof o the "natural" design X Snow cornices are only in Vail a few months each year - consider additional "greener" roof options X Be sure to study reflectivity, etc if a roof as proposed in the "natural" option is decided upon X Any option chosen needs to be grounded in native materials X The natural design is the most exciting and stimulating, but clarification on the roof structure, especially during the X summer months, is needed. Don't let the Donovan Park history make us timid in approaching this design X It is okay if the building doesn't tie in exactly to Lionshead X The "natural" design needs to be refined, but is the closet to the desired iconic image. X TEAMWORK Dtv10E5 THE EFFORT AND MULTIPLIES THE EFFECT... Page 4 OT 6 ©2004 All Ri hts Reserved B p:\currenl projeclsl..Wrchilequral Design Style Comments.xls Archileclural Resource Consullanls, Inc Design Style Comments Town of Vail Conference Center Stakeholder Meeting Comments 21 OCT 04 Design Style Stacking Diagrams Brought up By Question /Comment ~ ~ m ~ o ~ ~, ~ N a o" o ~ c c o U m o ~- a~ o o a~ o `° I g z O O 3 a_ o Q a z QU ~~ Ua - o U a What is the cost difference between the different options? X Believe meeting planners will desire the "traditional Vail" X look Design options should be ranked as follows: natural, X traditional, modern. The natural design will get people talking and make the X building marketable If need be, we can live with the traditional option, but it is X not moving. Should consider tying into the new Lionshead architecture X Need to ensure natural light is brought to the ballrooms X Windows in banquets are typically a benefit, while windows X in meeting rooms can be a distraction. Ensure flexibility with natural light in the building X The option of using the roof as an outdoor gathering area is X a large benefit of stacking diagram C The modern design is not what people picture when they X come to the mountains Need a design that won't become dated X Curious as to how any of the designs tie into the existing X Lionshead parking structure. Concerned with how the natural design will look in the X middle of town TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFF ECT._ PegC S 0(6 ©2004 All Rights Reserved By p:\currenl projectsl...Wrchileclural Design Style Camments.>vs Architectural Resource Consultants, Inc. Design Style Comments Town of Vail Conference Center Stakeholder iVleeting Comments 21 OGT 04 Design Style Stacking Diagrams brought Up By Question /Comment ~ ~ ~ ^ ? ~, ~ ~, a N ~ ~, ~ ~ Z O O o QU = QO j~ C7 R Don't see how the natural design will ever work with the feel of Vail X The traditional design is Vail's sense of place and what people come here for. X The traditional design will be easier to market in Vail. X The modern design is great, but has the possibility to become dated X Is there a difference in usable/wasted space with any of the proposed options? X The maximization of the amount of glass in the modern design will help make the facility more marketable X The views from the conference center should be sold, not the views of the conference center. X Dislike designing to match everything else -rank the options as follows: modern, natural, traditional. X Like the possibility of the natural option, but need to see further development X Extensive amount of glass gives an urban feel and doesn't belong in Vail. X A large expanse of glass provides operational challenges. X The space and function of the interior is more important than the image. X Need to ensure the kitchen is at the same level as the ballrooms X TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 6 O(6 _ (c12004 All Rights ReservaG By p:lcurren( projects\...1Archileclural Design Style Commenls.xls Architectural Resource Consultants, Inc. Attachment B: General Contractor Qualifications Architecturai des®urce C®nsultants~ once P.O. Box 3133 o Vail, CO 81658 0 (970) 949-5100 v Fax (970) 949-5599 Tovvn of Vail Conference Center Summary of Contractor Selection Committee On October 12th, 2004, the Town of Vail received General Contractor qualification packages from six (6) teams as follows (listed alphabetically): Hensel Phelps Construction Co. Hunt Construction Group/Hyder Construction Inc. M.A. Mortenson Company PCL Construction Services, Inc. Shaw/JL Viele Joint Venture The Weitz Company Each of the above firms is a highly qualified construction company, and proposed diligent, competent teams. After distributing the qualification packages to interested members the week before, the Conference Center Advisory Committee (CCAC) met on October 21st, 2004. Review of the candidates' qualifications resulted in the CCAC recommending three firms proceed in the process: Hensel Phelps Construction Co. Hunt Construction Group/Hyder Construction Inc. M.A. Mortenson Company The selection committee focused on several criteria, falling into three main categories of differentiation between the firms: 1. Safety - !t was agreed the number one focus of any construction project should be safety, as no building is worth killing someone to finish. a. The Worker's Compensation Insurance Experience Modifier Rate (EMR) is an objective, third party rating of a construction firm's accident history compiled by the insurance industry using detailed historic data for every firm. b. A five-year EMR history was submitted by each of the candidates with their qualification package. Joint ventures had their safety scores averaged, as well as examined individually. c. According to industry experts, an EMR of under 0.6 is excellent, 0.6 to 0.7 is good, 0.7 to 0.8 is acceptable (but requires proactive, careful monitoring by the Owner), and over 0.8 is unacceptably risky for jobs of this size in today's litigious environment. Page 1 of 2 d. The three recommended candidates all had average scores over the past five years of under 0.7, with one firm averaging under 0.6. 2. Financial Strength -The relative financial strength of each candidate compared to the group as a whole was also considered. One company's financial package caused a good deal of concern for the committee, and one joint venture partner's financial submittal was non-responsive. 3. Other Factors -Current company workload, project type experience, mountain construction experience, preconstruction team strength, knowledge of the subcontractor marketplace, and other qualifications were also discussed. The three recommended candidates all presented well in most or all of these areas. The CCAC requests their recommendation of the above three finalists be ratified by the Town of Vail Council as the firms to receive the Request for Proposal and move forward in the selection process. Page 2 of 2 summary Town of Vail Conference Center 21 OCT 04 General Contractor Qualification Comparison General Contractor Firm/Team Overviev+r Safety (Average = 1.0; Best = 0.5) Estimating Scheduling Construction Team OC IViarket lace Resoupces (Alphabetically) Stand-Alone ft of Financial Current Experience Avg EMR Based on Estimating All Teams Highly Qualifed; Rating of Conf/ Conven Mountain Strength Relative Modification Over Past Team Quals + Numbe Preconstruction Construction Slight Variations Not Quality Control Subcontractor Database Ctrs by Firm(s) Projects to the Group Rate [EMR] 5 Years of Hours Provided Weighted Plan Provided Ranking Hyder/Hunt Team 25 20 Good/Good 0.73 0.67 Excellent Good Good Satisfactory Excellent Excellent Hensel Phelps 17 46 Excellent 0.53 0.52 Excellent Excellent Excellent Satisfactory Excellent Good Mortenson 15 11 Excellent 0.61 0.63 Excellent Excellent Excellent Satisfactory Excellent Good PCL 8 5 Poor 0.92 0.84 Excellent Excellent Excellent Satisfactory Excellent Excellent Shaw/Viele Team 3 108 Good/Non- Responsive 0.90 0.88 Good Good Good Satisfactory Fair Excellent Weitz 4 15 Good 0.58 0.55 Good Good Good Satisfactory Poor Good iFAMW00.H OIVIDESTHE EFFORT wHD MULTMLIES THE EFFECT.. P09D 1 O(1 O 20d AI RyM~ ReterveU By D ~aeem Dtojeual..1GC RFO Cwnpanaon Flnal /vWteclural Raaaaa'COnaNUnR, IrK. Attachment C Draft Request for Proposals A~~~~tectura~ des®ur~ C®nsultar~ts9 9nco P.O. Box 3133 o Vail, CO 81658 0 (970) 949-5100 o Fax (970) 949-5599 To Whom It May Concern: We are pleased to inform you, after careful evaluation of the options available, your firm is being considered to be one of the candidates for further consideration to be the general contractor for the construction of the Town of Vail's Conference Center in Vail, CO. To allow the Owner, the Architect (Fentress Bradburn ArchitP,~tsl, ~d the Construction Manager (Architectural Resource Consultants, Inc.), to fully understand yc~ui- frrr"proposal for this job, please carefully prepare a response to the items listed below. ~ k = ,f' J- B. Construction Cost Estimate -_ ~ =i ,~ ~ , ~., ~ , A. The project tearti' b~etre~~s tiers ~s -an exeellerit opportunity to demonstrate each candidate's t~".ost,estimatin'd eXF~~rtise ,.maFi~ef~(ace resources, and ability to perform under demandin~l circur~stance5 ; as.' well as its willingness to be a cooperative and flexible team ni~mk~er: i ~ _ ,, ~~ B. Please note these guidelines in preparing the Construction Cost Estimate: .~ 1. The Construction Cost Estimate prepared by your firm should follow the Construction Specification Institute's MasterSpec 16 Division breakdown, with subtotals by subsection in each division. 2. The goal here is nQt to predict the lowest .possible cost. Rather, the successful candidate will be the one that most realistically and carefully projects probable cost for each material, and identifies most clearly the quantities and unit costs for each. These costs should be based on subcontractor input, historic data from previously completed projects, detailed assumptions for reasonably inferable scope not shown, etc. 3. It is especially important to note the level of line item, quantity, unit cost, and clarification narrative detail provided by your firm will be an S .ntial component of the selection process. See below for more definition of selection criteria. 4. Written or emailed questions submitted in a timely manner will be answered promptly, to the extent this is possible. All answers will be copied to all candidates via email to a single point of contact in each firm. Failure of a candidate's email server will not be grounds for an extension. 5. Indicate your firm's willingness (or lack thereof) to convert this Construction Cost Page 1 of 6 Estimate to a Preliminary Guaranteed Maximum Price. Assume the Final Guaranteed Maximum Price will be prepared after bids are received from the subcontracting community using complete Construction Documents, issued in April for the Site Package and July for the Building Package. 6. Please have the essential members of your estimating team available to attend a mandatory pre-proposal meeting at the Town of Vail Library at 8AM to noon on 18 NOV04. I1. Schedule A. Provide a schedule for the project, clearly identifying any preconstruction activities, as well as discrete milestones for proposed Notice to Proceed with the Sitework Package, Notice to Proceed with the Building Package, Substantial Completion/beneficial occupancy of parking garettom of building excavation, topping out of structure, "dry-in" of structd"r~~~'Suf~s_tntial Completion/beneficial occupancy of structure, Final Completion of the foci Substantial Completion of sitework, vehicular paving and landscaping, ~Fi~nal.Gompletion of project. ~~ - B. Any schedule format may be-tisf ~ ih<at c learly i.dent~f~sJthe above milestones, and meets your firm's ~~i~ecfuing c:rif~r is ,~ ;, :-~ ~• C. Assume for the ~~urhose oaf ~reparrn€,}-{his ~schedule, a Notice to Proceed date of 22 DEC 04 for p~~ cc~nstru'ction~; 15 APR 05 for starting Sitework Package construction and 01 AUG ~(~ fui'sf~rting~~uilding Package construction. t III. Cost of General Conditions, Overhead and Profit A: Please provide general conditions, overhead and profit numbers your firm believes appropriate, based on the new information provided. B. Assume your firm will be required to accept the site as in conformance with the civil drawings, and the Owner will provide your firm with one benchmark as a point of beginning for your survey crew. Cost of this verification survey should be carried in your general conditions number. C. All layout required for the building corners and grid lines should be carried in your firm's cost of general conditions. D. Assume your firm will be including all printing costs required for its own forces after Notice to Proceed in general conditions. All sets required for bidding purposes will have already been provided at no charge by the Owner, and will be made available to the contractor as needed. E. Snow removal, winter protection, and temporary heat should be provided as top-sets based on your firm's knowledge of building in the mountains. F. Include a Performance and Payment bond as an alternate in your submittal. Page 2 of 6 G. Include builder's risk insurance as an alternate in your submittal. H. Exclude building permits and plan check fees. I. Please use the enclosed Excel worksheet to prepare a lump sum for the project costs to be incurred by your team, assuming a construction contract amount per the Construction Cost Estimate prepared by your firm. This worksheet will assist the selection team in making a fair and objective comparison of the cost of using the competing teams. Please note the following points: 1. Present X11 the information requested, with no line items left blank. The appropriate responses are as follows: o A quantity and unit cost extended to show a using the electronic format provided, if possi team does not accept responsibility for an any candidate. All extensions shown ir~~~~T a true and accurate representatior~of(cost~f ~t al amount for the line item, Please note the Owner's of any kind submitted by "column are assumed to be line item. o The words "B_y_ Owner"_ p~ F m tGR~ Total Co;~t~rolumn 'to indicate that your team e~ peas th~ cos ~ e i ne~6y the:: caner. o The words By Sub lped t~ie~Cotal Cost column to indicate that your team intends to;inc-lode this•~tem in the subcontractor's contract(s). ~_ o The word '~E eluded" typed in the Total Cost column to indicate that your team thinks~tf~rscost will be incurred, but is specifically excluding from the total shown on the worksheet. o The letters "N/A" typed in the Total Cost column to indicate that your team does not believe this line item applies to this specific job, and is therefore not included in this worksheet. 2. Assume a construction duration and project staffing that corresponds with the Schedule and Construction Cost Estimate submitted per the Item #s II and III above. 3. For the purposes of calculating the overhead and profit required in Item #s 1.205 and 1.206 assume a total construction contract amount as shown in your Construction Cost Estimate submitted per Section I above. If these lump sums will change as a function of hard construction costs, please indicate the applicable percentage for home office overhead and home office profit to be used in that event separately in a note inserted at the bottom of page 5 of 5. 4. The second-to-last line item (# 1.207) is provided to allow your team to add any other costs and/or profit anticipated for this project.,- The final total should be the amount carried forward into your firm's Construction Cost Estimate summary sheet. Page 3 of 6 5. Provide a listing of Item #s from the worksheet where the costs shown for material and/or labor are not anticipated to be provided/performed by your team's own resources. 6. Please feel free to include any narrative explanations you feel to be appropriate, referencing the item number under discussion. IV. Selection Criteria and Future Process A. The selection committee will analyze the Qualifications, Construction Cost Estimate and Fee Proposals provided, focusing on, in order of importance: 1. The candidate's relevant experience, quality of resources available to be assigned to this project, and financial strength. 2. The expertise, level of effort, scope delu~e~~tion;- end quality of clarifications displayed in the Construction Cost Estrmate ~~~ ~ ~ 3. The exceptions taken to the stagy .~a d cc~ntrnc't ar~eral conditions provided to your firm for reviP 1,as ,a,rt~o~~po.~ss~ ,, ,~ R#'~ r4 4. The fees~ndrj~r~eral wiiditicrnsrvs~;~aann in the Soft Cost Worksheet provided to each candreiatc, -Phase-note ~R~ has never recommended an Owner award to constructrlon t. ~~m withrtti~ lowest general conditions and fee, but also has never endorsed `granfing~th project to the most costly candidate from a soft cost perspective 5. Based on the above evaluation, one candidate will be selected to begin contract negotiations. 6. The next level of the selection process will follow these steps: 1. A standard contract and general conditions have been provided with this submittal -to the candidates for review and written comment. 2. The Construction Cost Estimate is due to ARC not later than noon on 08 DEC 04. 3. Three firms will be invited to present their Construction Cost Estimate submittal to the selection committee in separate, .one-hour presentations in Vail, CO, followed by a short question-and-answer session for each candidate. The oral interview schedule will be alphabetically on 14 DEC 04 and may require follow up interviews the morning of 15 DEC 04. Please be sure to keep this timeframe free in the event your firm is selected to attend the oral interview(s). 4. A detailed analysis of each candidate's submittal and subsequent presentation by the selection committee should result in one firm emerging as the top candidate. Page 4 of 6 5. The selected general contractor will be added to the team after contract negotiations have concluded successfully, not later than 22 DEC 04. !/. Town of Vail Standard Language A. Limitations of Multiple-Fiscal Year Obligations: All financial obligations under this contract subsequent to the fiscal year in which it is signed is contingent upon funds for this purpose being appropriated, budgeted, and otherwise made available by the Town of Vail. This contract shall not be deemed to create any multiple-fiscal year direct or indirect by Section 20(4)(b) of the State Constitution (Amendment One). B. Right to Reject any and All Proposals: The Town of Vail does not obligate itself to accept the lowest, or any other proposal, and reserves sole discretion to reject any or all proposals, to re-advertise, and to waive formalities or irregularities in the process or of any proposal. When considering proposals and determining whether the Contract will be awarded and, if so, to which vendor, the Town of Vail, in its sole discretion, de~ems~~ be appropriate. C. Insurance Requirements: The Bidder shall take out a` d ~iai_rt mat the Bidder's own expense the following minimum limits of insurance: ~f - ~ '~ ~` r '. 1. Commercial General Liability~~ `~i ~ ~_ := a) $1,OO~,t?00 combitfietl rllgfe`Timit b) $1 F~00~ ' 0 a gig„Tf ~ - ~~{ 2. Automobile; L°abi[i~ is j ~=--~' 1 l ~~ i .~ a) $1 0Q~,OQO --ombrned single limit b) $11000 000'per person and $1,000,000 per occurrence for bodily injury and 3. Workers' Compensation and Employer's Liability: a) Workers' Compensation limits as required by the State of Colorado b) Employer's liability limits of $100,000 per accident. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, except after 30 days prior written notice has been given to the Owner. •5. The bidder shall provide Certificates in ACCORD format and all renewal notices for each insurance policy required by this clause to the Owner in a timely and proactive manner. Failure of the Owner to receive such certificates and renewal notices shall grant the Owner the right to take remedial action as required to protect its interests. Page 5 of 6 D. Hazardous Material: The Bidder agrees to indemnify and hold Owner and Architect harmless for any release or disposal of any kind of toxic wastes or hazardous material, or any violation of any law or regulation of the Environmental Protection Agency or Colorado Department of Health and Environment which is caused, in whole or in part by the contractor or any of the Bidder's subcontractors. E. Assignment: The successful Bidder is prohibited from assigning or subcontracting the whole or any part of the contract without the prior written consent of the Town of Vail. F. Appropriation of Funds: Owner affirmatively represents that its governing body has duly appropriated such sums which are equal to or in excess of the contract amount, and that such contract amount may be lawfully paid by Owner to Contractor subject to the terms and conditions of the contract documents. In the event that Owner approves a change order or other additional compensable work to be performed by Contractor, (other than that contemplated by the contract documents under any remedy-granting provision), Owner will issue a written assurance at the time of such approval~tti~ s'uc~ dditional compensation to be paid has also been duly appropriated by the Own~~~~`ve~n,~g body. -~ ~~~ ~ encourage you to direct any written questions t ~ ou: r~rr :~ ha~re t~ , or by -- ,, ,. C FAX to (303) 443-1508 with a cc: to (970) 949 59~~~,as~ a rngle of contact will generate the most clarity of direction and leas ~confusic~n of" n e ~ `_ r . 7 The Owner will require twenty (20) H~~~d copi `a = ne electronic (1) copy of your Construction Cost Estimate and Soft Cost~~lNorksf~eet _. ~ Thes~hould be addressed to Mr. Chris Squadra and delivered to Architectural esource ~or~uf~ants, Inc., 4410 Arapahoe Ave., Suite 220, Boulder, CO ,r „_,_ 80303 no later than noose DEC 04, with an electronic copy simultaneously delivered to conference~arcinc.to. Thank you for your firm's continued interest in our exciting and unique project. Page 6 of 6 Town of Vail Conference Center 17-Nov-04 Unit Cost lA/orksheet for Soft Construction Costs Item # Description Quantity Unit Unit Cost Total Cost 1.101 Project Manager MO 0 1.102 General Superintendent Wi0 0 1.103 Project Superintendent MO p 1.104 Assistant Superintendent MO 0 1.105 M/E Coordinator MO 0 1.106 Working Foreman MO 0 1.107 Project Engineer MO 0 1.108 Office Engineer MO 0 1.109 Field Engineer MO p 1.110 Field Estimator MO p 1.111 General Laborer MO 0 1.112 Timekeeper MO 0 1.113 Field Office Manager MO p 1.114 Field Secretary MO 0 1.115 Field Engineering Equipment LS 0 1.116 Site Survey LS 0 1.117 Layout Within Site LS 0 1.118 Office Trailer MO 0 1.119 Storage Trailer MO 0 1.120 Warehouse MO 0 1.121 Set-Up Office & Yards LS 0 1.122 Warehouse Manager LS 0 1.123 Temporary Toilets MO 0 Page 1 of 5 Z:\projects\09 - ToV Conl CMRFPI ®2004 All Rights Reservetl by General Contractor\GC Soft Cost Worksneel - 16 OC7 04.x16 ArUileclural Resource Consultants, Inc. Town of Vail Conference Center 17-Nov-04 Unit Cost Worksheet for Soft Construction Costs Item # Description Quantity Unit Unit Cost Total Cost 1.124 Job Photos: Weekly WK 0 1.125 Video Documentation MO 0 1.126 Project Sign EA 0 1.127 CPM Set-Up & Maintenance LS 0 1.128 Home Office Travel Costs LS 0 1.129 Employee Parking MO 0 1.130 Moving & Subsistence LS 0 1.131 Additional Plans & Specs LS 0 1.132 Safety Equipment LS 0 1.133 First Aid Supplies MO 0 1.134 Fire Protection LS 0 1.135 Fire Extinguishers EA 0 1.136 Office Supplies & Equipment MO 0 1.137 Postage And Shipping MO 0 1.138 Project Hauling LS 0 1.139 Telephone Set-Up: Office LS 0 1.140 Telephone Charges: Office MO 0 1.141 Telephone Charges -Cell Phone(s) MO 0 1.142 Temporary Radios L_S 0 1.143 Electric Hook-up: Office LS 0 1.144 Electric Charges: Office MO 0 1.145 Temporary Water: Site LS 0 1.146 Temporary Gas: Site LS 0 Page 2 of 5 Z:\projects\09 - ToV Conl Ctr\RFP1 ©2004 All Rlghts Reservetl by General Contractor\GC Soft Cost Worksheet - 74 OCT 04.x15 Architectural Resource Consutlants, Inc. Town of Vail Conference Center 17-Nov-04 Unit Cost Worksheet for Soft Construction Costs Item # ®escription Quantity Unit Unit Cost Total Cost 1.147 Temporary Electric: Site LS 0 1.148 Temporary Wiring & Lights MO p 1.149 Water, Ice 8~ Cups MO 0 1.150 Temporary Fencing LS 0 1.151 Watchman Service MO 0 1.152 Ladders & Stairs LS 0 1.153 Temporary Roadways LS p 1.154 Temporary Walkways LS 0 1.155 Barricades LS 0 1.156 Traffic Control LS 0 1.157 Erosion Control LS 0 1.158 Shoring LS 0 1.159 Weekly Clean-up WK 0 1.160 Final Clean-up LS 0 1.161 Dumpster Rental MO 0 1.1.62 Dumpster Pulls EA 0 1.163 Soil Testing LS 0 1.164 Concrete Testing LS 0 1.165 Masonry Testing LS 0 1.166 Weld Testing LS 0 1.167 Other Materials Testing LS 0 1.168 Snow & Ice Removal - WK 0 1.169 Winter Protection LS 0 Page 3 of 5 Z:\projects\09 - ToV Conr CtrSRFPr ®2004 All Rights Reserve0 by General Conlraclor\GC Soft Cost Worksheet - 14 OCT 04.x1s Architectural Resource Consultants, Inc. Town of Vail Conference Center 17-Nov-04 Unit Cost Worksheet for Soft Construction Costs Item # Description Quantity Unit Unit Cost Total Cost 1.170 Temporary Building Heat WK 0 1.171 Temporary Generator MO 0 1.172 Misc. Power Equipment LS 0 1.173 Equipment Repairs & Maintenance LS 0 1.174 Other Electric Utility Company Charges LS 0 1.175 Other Gas Utility Company Charges LS 0 1.176 Other Water & Sanitary District Charges LS 0 1.177 Temporary Partitions SF ~ 0 1.178 Pick-Up Rental MO 0 1.179 Automobile Rental MO 0 1.180 Pick-Up Fuel & Maintenance MO 0 1-181 Automobile Fuel & Maintenance MO 0 1.182 Water Truck MO 0 1.183 Forklift Rental -- - " - - LS 0 1.184 Tower Crane Rental/Mobilization/Demobilization LS 0 1.185 Hydro-Crane Rental WK 0 1.186 Other Crane Costs LS 0 1.187 Material Hoist WK 0 1.188 Personnel Hoist LS 0 1.189 Erect Hoists LS 0 1.190 Hoist Landings LS 0 1.191 Temporary Hoist Operation MO 0 1.192 Hoisting for Subs LS 0 Page 4 of 5 Z:\projects\09 - TaV Conf Ctr\RFP\ ~ ©2004 All Rights Reservco by General ContractorlGC SoN Cost worksheet - 14 OCT 04.z1s ~ ArchileGural Resource ConsultanLS, Inc. Town of Vail Conference Center Unit Cost Worksheet for Soft Construction Costs 17-Nov-04 Item # ®escription LZuantity Unit Unit Cost Total Cost 1.193 Scaffolding LS 0 - - _- _ -r- General Conditions Subtotal ~ 0 _i_ 1.194 Building Permit LS 0 1.195 Plan Check Fee LS 0 1.196 Water Tap Fees LS 0 1.197 Sewer Tap Fees LS 0 1.198 Sanitary Tap Fees ~ ~ LS 0 1.199 Other Government Fees & Permits LS 0 1.2 Performance & Payment Bonds LS 0 1.201 Builder's Risk Insurance LS 0 1.202 General Liability Insurance LS 0 1.203 Other Insurance LS 0 1.204 Preconstruction Services LS 0 1.205 Home Office Overhead LS 0 1.206 Home Office Profit LS 0 1.207 - Additional Soft Costs - -~ - - LS 0 - Indirect Expenses & Reserves Subtotal _ - i - Of -- -- _- TOTAL SOFT COSTS The General Contractor shall furnish all items necessary for proper supervision of the contract. Z:\projects\09 - ToV Conf Ctr\RPP\ Page 5 of 5 Cn2004 All Rights Reserved by General Conlractor\GC Soft Cost Worksheet - 14 OCT 04.x1s Architectural Resource Consultants. Inc. Stan Zemler Town IManager -Town of Vail 75 South Frontage Road Vail, CO 86157 October 2C, 2004 Dear i~ir. Zemler: On behalf of the citizens group The Valley Wide Ice Users we would like to respectfully submit the following bid for the Ice Bubble. The Valley ode Ice Users is a loosely affiliated organization of multiple adult and children's user groups and teams that includes Vail Junior Hockey. As the Vail Town Council observed through the process of reviewing the bubble this fall, we are all interested in valley wide recreation and in securing additional ice in the valley to support our current programs and their growth into the future. V1le were very disappointed that the VRD elected not to put the bubble back up and have continued to seek alternatives since then. Please accept our bid for $75,000 for the refrigeration equipment and dasher boards. We reached this amount through a combination of factors including: - Limitations of our group as a citizens group to raise the necessary community funds - The age of the bubble and an appropriate depreciation factor - The age of the refrigeration equipment and the fact that it was designed as a temporary system (and our requirement is for a permanent system) - Our research into the cost of new refrigeration equipment Vile are most interested in the refrigeration, refrigeration equipment and dasher boards and request that you separate this equipment from the bubble itself. You would then have the option to sell the bubble separately if you wish. Or if you'd prefer to include the bubble material with the equipment our bid can still go only as high as $75,000. We have provision for immediate payment through private funding. Please let us know if you have any questions. Thank you for the opportunity to submit a bid. Jgffn ed r ~ (~ 0)-926-0935 owse unk 970 -949-6554 - On behalf of The Valley Wide Ice Users (including Vail Junior Hockey and other local user groups) crnr __ WESTERN EAGLE COUNTY METROPOLITAN F~ECREATION DISTRICT 113 E. 4TH. ST ~ P.O. BOX 246 EAGLE, CO 81631 (970) 328-6909 ~ FAX (970) 328-6955 wwvv, wecmrd.org Stan Zemler Town Manager Town of Vail 75 S. Frontage Rd. Vail, CO 81657 10/21/2004 Mr. Zemler, The Board of Directors of Western Eagle County Metro Recreation District, (WECMRD), would like to extend an offer to partner with the Town of Vail for the purpose of maximizing recreation opportunities to all residents of the Eagle River region. The purchase price, we believe, is secondary to the opportunity to continue a much desired recreation amenity in the valley. WECMRD is prepared to locate, erect, operate and maintain the bubble for the remainder of its useful life. WECMRD will assume the costs associated with those services. In exchange, the WECMRD Board of Directors is asking the Town of Vail to seriously consider the benefits of providing the bubble as an attraction in Eagle County. Therefore, in response to the town's invitation for bids, WECMRD offers a token payment of $1 for the "bubble". If a sale to WECMRD is approved by the Town of Vail, we will locate the facility in amid-valley location, easily accessible to residents of Vail as well as other communities in the Eagle River valley. Additionally, we will ensure that there are no differential fees for users so that residents of Vail would not be subject to an "out of district" fee. Moreover, WECMRD will commit to further strengthening our cooperative efforts with the Vail Recreation District to provide comprehensive,. barrier-free~recreation programs to residents of both districts. The potential benefits of this "partnering" are both evident and substantial. We look forward to your response to our offer and to the opportunity to join with the Town of Vail to enhance the quality of life in our communities. Respectfully, Steve Russell, Director ORDIYVAV~CE NO. 24 Series of 2004 AN ORDINANCE ESTAELISHING SPECIAL DEVELOPiUIERIT DISTRICT NO. 38, i1t7ANOR VAIL LODGE, PURSUANT TO ARTICLE A, SPECIAL DEVELOPMEiVT (SDD) DISTRICT, CHAPTER 9, TITLE '12, ZONING TITLE, TOINIV CODE OF VAIL, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, Title 12, Zoning Title, Chapter 9; Article A, Special Development (SDD) District, Town Code of Vail establishes a procedure for establishing special development districts; and WHEREAS, Manor Vail Lodge has submitted an application to the Town of Vail Community Development Department to establish Special Development District No. 38, Manor Vail Lodge, to facilitate the redevelopment of an existing lodge; and WHEREAS, the Planning and Environmental Commission of the Town of Vail held a public hearing on September 13, 2004, on the application to establish Special Development District No. 38, Manor Vail Lodge, in accordance with the provisions of the Town Code of Vail; and WHEREAS, upon due consideration, the. Planning and Environmental Commission of the Town of Vail finds that the request complies with the design criteria prescribed in the Title 12, Zoning Regulations, Vail Town Code, and furthers the development objectives of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has forwarded a recommendation of approval by a vote of 6-0 (Gunion recused) of this request to the Vail Town Council; and WHEREAS, the Vail Town Council finds that that the request to establish Special Development District No. 38, Manor Vail Lodge, complies with the design criteria prescribed in r Ordinance No. 24, Series 2004 the Title 12, Zoning Title, Town Code, of Vail; and provides a harmonious, convenient, workable relationship among land uses consistent with municipal development objectives; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt Ordinance No. 24, Series of 2004, and establish a new special development district in the Town of Vail. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. District Established Special Development District No. 38, Manor Vail Lodge, is established for development on three parcels of land, legally described as Lots A, B, and C, Vail Village 7th Filing, which comprise a total of 232,932.4 square feet (5.347 acres) in the Vail Village area of the Town of Vail. Said parcels may be referred to as "SDD No. 38". Special Development District No 38 shall be reflected as such on the Official Zoning Map of the Town of Vail. The underlying zoning for Special Development Districf No. 38, Manor Vail Lodge, shall be High Density Multiple-Family (HDMF) District. Section 2. Special Development District No. 38, Manor Vail Lodge, Approved Development Plan An approved development plan is the principal document in guiding the development, uses and activities of a special development district. The Vail Town Council finds that the Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, complies with each of the requirements set forth in Sections 12-9A-5 and 12-9A-6 of the Town Code of Vail. The Approved Development Plan for Special Development District No. 38, Manor Vail Lodge, shall be comprised of materials submitted in accordance with Section 12-9A-5 of the Town Code of Vail and those plans prepared by Zehren and Ordinance No. 24, Series 2004 2 Associates, entitled "Manor Vail Condominiums, Studio, and Manor House Addition/Renovation", dated October 19, 2004. Section 3. Development Standards In conjunction with the Approved Development Plan described in Section 2 herein, the following development standards are hereby approved by the Vail Town Council. These standards are incorporated in the Approved Development Plan to protect the integrity of the development of Special Development District No. 38, Manor Vail Lodge. The development standards for Special Development District No. 38, Manor Vail Lodge are described below: A. Permitted, Conditional, and Accessory Uses: The permitted, conditional, and accessory uses allowed in Special Development District No. 38, Manor Vail Lodge, shall be those uses listed in Sections 12-6H-2, 12-6H- 3, and 12-6H-4 of the Town Code of Vail, as may be amended. B. Lot Area: The minimum lot area for Special Development District No. 38, Manor Vail Lodge, shall be 236,966.4 square feet (5.44 acres). C. Setbacks: The minimum setbacks for Special Development District No. 38, Manor Vail Lodge, shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. D. Height: The maximum allowable building height for Special Development District No. 38, Manor Vail Lodge shall be fifty-seven and four tenths (57.4'), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. E. Density Control: The maximum allowable Gross Residential Floor Area (GRFA) for Special Development District No. 38, Manor Vail Lodge, shall be 164,321 square feet and the maximum allowable density shall be one Ordinance No. 24, Series 2004 3 hundred forty-one (140) dwelling units and one (1) Type III Employee Housing Unit, and as indicated on the Manor Vail Lodge Approved Development Plan, dated October 19, 2004. Said Gross. Residential Floor Area (GRFA) shall be allocated as follows: • Dwelling Unit (139) - 163,691.0 square feet " • Type III Employee Housing Unit (1) - 630.0 square feet Total 164,321.0 square feet F. Site Coverage: The maximum allowable site coverage shall be forty and four tenths percent (40.4%) of the total lot area, and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. G. Landscaping and Site Development: At least forty and a half percent (40.5%) or 95,979 square feet of the total lot area shall be landscaped. In no instance shall the hardscaped areas of the development site exceed twenty percent (20%) of the minimum landscaped area. The landscaping and site development shall be as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. H. Parking and Loading: The minimum number of off-street parking spaces shall be two hundred fifty-four (254) of which thirty-two (32) will be include in a private parking club and the minimum number of loading and delivery bays shall be two (2), and as indicated on the Manor Vail Lodge Approved Development Plan, described in Section 2 herein. Section 4. Conditions of Approval The Applicant and Developer, agrees to comply to the following conditions of approval, t Ordinance No. 24, Series 2004 4 which shall be part of the Town's approval of the establishment of Special Development District No. 38, Manor Vail Lodge: Prior to Second Reading of Ordinance 1. That the developer meets with the Town staff and prepares a memorandum of understanding outlining the responsibilities and requirements of the required off-site improvements, prior to second reading of the ordinance approving the estabfishmerit of Special Development District No 38, Manor Vail Lodge. This memorandum of understanding shall include, but not be limited to, all streetscape improvements along Vail Valley Drive and Hanson Ranch Road, details for the improvement of Mill Creek, and details for funding and establishment of a Town of Vail streetscape Master Plan for Gore Creek Drive east of Vail Valley Drive and Chalet Road. Prior to Final DRB Review 2. That the developer submits a final exterior building materials list, typical wall section, architectural specifications, and a complete color rendering for review and approval of the Design Review Board, prior to submittal of an application for a building permit. 3. That the developer submits a rooftop mechanical equipment plan for review and approval by the Design Review Board prior to the issuance of a building permit. All rooftop mechanical equipment shall be incorporated into the overall design of the lodge and enclosed and visually screened from public view. Prior to Submitting for a Building Permit 4. That the developer shall provide detailed civil plans, profiles, details, limits of disturbance and construction fence for review and civil approval by the Department of Public Works, prior to submittal of a building permit. 5. That the developer addresses the written final comments of the Town of Vail Public Works Department outlined in the memorandum from the Town of Vail Public Works Department, dated September 2, 2004, priorto submitting an application to the Town Ordinance No. 24, Series 2004 5 of Vail Community Department for the issuance of a-building permit for this project. 6. That the approval of the conditional use permits is not valid unless an ordinance approving the associated special development district amendment request is approved on second reading. Prior to Requesting a TemporaN Certificate of Occupancy 7. That the developer posts a bond to provide financial security for 150% of the total cost of the required off-sife public improvements. The bond shall be in place with the Town prior to the issuance of a temporary certificate of occupancy. This includes but is not limited to the proposed raised pedestrian walkways across Vail Valley Drive, resurfacing of the tennis courts if granted permission to stage upon them, and Ford Park pedestrian pathway reconstruction. 8. That the developer shall prepare and submit all applicable roadway and drainage easements for dedication to the Town for review and approval by the Town Attorney. All easements shall be recorded with the Eagle County Clerk and Recorder's Office prior to issuance of a Temporary Certificate of Occupancy. This includes but is not limited to the easement required for the relocated Ford Park pedestrian pathway. 9. That the developer shall be assessed an impact fee of $5,000 for the net increase in p.m. traffic generation as determined by the Town of Vail Public Works Department, as addressed in Attachment E of the September 13, 2004, memorandum. The Public Works Department has calculated the fee to be $85,000 for the additional 17 trips generated by the project. This fee shall be used to pay for improvements on Vail Valley Drive, Chalet Road, and East Gore Creek Drive. 10. That the developer provides deed-restricted housing that complies with the Town of Vail Employee Housing requirements (Chapter 12-13) for a minimum of four (4) employees on the Manor Vail Lodge development site, and that said deed-restricted employee housing shall be made available for occupancy, and that the deed restrictions shall be recorded with the Eagle County Clerk & Recorder, prior to Ordinance No. 24, Series 2004 6 issuance of a Temporary Certificate of Occupancy for the Manor Vail Lodge. The required Type III deed-restricted employee housing units shall not be eligible for resale and that the units be owned and operated by the hotel and that said ownership shall transfer with the deed to the hotel property. 11. That the developer receives an easement from the Town for those improvements which would be located within Town of Vail property on the rear of Building C. 12. That the parking club be limited to 32 spaces to allow for the elimination to the two parallel parking spaces to the north of Building A and the one parking space in the loading delivery area at the rear of Building B. That the sale of the parking spaces within the club occur as outlined in the proposal. 13. That the developer shall commence initial construction of the Manor Vail Lodge improvements within three years from the time of its final approval at second reading of the ordinance establishing Special Development District No. 38, and continue diligently toward the completion of the project. If the developer does not begin and diligently work toward the completion of the special development district or any stage of the special development district within the time limits imposed, the approval of said special development district shall be void. The Planning and Environmental Commission and Town Council shall review the special development district upon submittal of an application to reestablish the special development district following the procedures outlined in Section 12-9A-4, Vail Town Code. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Vail Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Ordinance No. 24, Series 2004 7 Section 6. The Vail Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. The Council's finding, determination and declaration is based upon the review of the criteria prescribed by the Town Code of Vail and the evidence and testimony presented in consideration of this ordinance. Section 7. The amendment of any provision of the Town Code of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or supersedetl unless expressly stated herein. Section 8. 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 19th day of October, 2004 and a public hearing for second reading of this Ordinance set for the 2"d day of November, 2004, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. , Rodney Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 24, Series 2004 8 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 2"d day of November, 2004. ATTEST: Rodney Slifer, Mayor Lorelei Donaldson, Town Clerk Ordinance No. 24, Series 2004 9 .,% A' ORDINANCE NO. 22 Series of 2004 AN ORDINANCE APPROVING THE CORE SITE DEVELOPMENT AGREEMENT (THE "AGREEMENT") AMONG THE TOWN OF VAIL (THE "TOWN"), VAIL REINVESTMENT AUTHORITY (THE "AUTHORITY"), AND THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL ASSOCIATES"), WHICH AGREEMENT PERTAINS TO CERTAIN RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN, THE AUTHORITY AND VAIL ASSOCIATES IN RELATION TO THE LIONSHEAD CORE DEVELOPMENT SITE OWNED BY VAIL ASSOCIATES; AND AUTHORIZING AND DIRECTING THE TOWN MANAGER OF THE TOWN OF VAIL TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN AND THE ESTABLISHMENT OF A VESTED PROPERTY RIGHT BASED ON THAT SITE SPECIFIC DEVELOPMENT PLAN. WHEREAS, the Town, acting through its applicable departments and agencies, including the Planning and Environmental Commission ("PEC"), has previously approved development plans proposed by Vail Associates for its intended development of the "Core Site" project (the "Project"), the site of which is located in the Town of Vail at 675 Lionshead Place (the "Core Site"); and WHEREAS, those approved development plans are comprised of design development plans entitled "Lionshead Core Area Redevelopment," prepared by 42/40 Architecture, Inc., Project No. 20826.02, submitted to the Town as of September 10, 2004, and given final approval of PEC on September 27, 2004 (as the same may be further amended or supplemented in connection with the development process by additional development and construction plans, platting or otherwise, the "Design Development Plans"); and WHEREAS, the Town, acting through its applicable departments and agencies (including the Director of Public Works and the Director of Community Development), the Authority, and Vail Associates, as the owner of the Core Site, have negotiated terms and conditions for the Agreement to govern certain matters related to the development of the Project, and the respective rights and responsibilities of the Town, the Authority and Vail Associates in connection with those matters; and WHEREAS, in accordance with the terms of the Agreement, the Town Council has determined to designate the Agreement, together with the Design Development Plans, as the site specific development plan for the Core Site and to establish a vested property right based on that site specific development plan pursuant to Vail Municipal Code § 12-19-1, et seq., and/or C.R.S. § 24-68-101, et seq. (collectively, the "Vested Rights Laws"); and WHEREAS, the approval of the Agreement and establishment of the related vested property right aze necessary and proper for the health, safety and welfare of the Town and its inhabitants; and 633034.1 RCF15H \- WHEREAS, the Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, and the Town has the authority to enter into the Agreement pursuant to such laws; and WHEREAS, the Town gave and published proper and timely notice of the date and time ~ of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF.VAIL, COLORADO as follows: Section 1. The Agreement is hereby approved, and the Town shall enter into the Agreement and perform, observe and discharge its obligations under the Agreement. The Town Manager is hereby authorized and directed to execute and deliver the Agreement, on behalf of the Town, in substantially the form considered by Town Council in the process of the passage of this Ordinance, subject to any modifications thereof or supplements thereto that the Town Manager, after consultation with the Town Attorney, considers to be necessary or appropriate in furtherance of this Ordinance. Section 2. The Agreement as approved and authorized hereunder, together with the Design Development Plans, are hereby designated and approved as the site specific development plan for the Core Site, and a vested property right for the Core Site is hereby created pursuant.to the Vested Rights Laws based on the site specific development plan, including the applicable terms under the Agreement. Qartinn "2 Within fourteen (14) days after passage on second reading of this Ordinance, the Town Clerk be and is hereby authorized and directed to publish a notice in The Vail Daily (a newspaper of general circulation within the jurisdiction of the Town of Vail) advising the general. public that pursuant to this Ordinance, the Agreement as approved and authorized hereunder, together with the Design Development Plans, constitutes an approved site specific development plan creating a vested property right pursuant to the Vested Rights Laws. The notice will include the specific legal description for the Core Site and a general description of the type and intensity of use approved. Section 4. 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. 633034.1 RCFISH 2 Section 5. 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, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 6. The repeal or the repeal and re-enactment of any provision of the Vail Municipal 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 repealed or repealed and re-enacted. The repeal of .any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, heretofore repealed. [l$alance ®f page iaatenti®nally left iblank] 63;034.1 RCFISH :/ ;~ INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 19th day of October 2004. A public hearing for second reading of this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 2nd day of November, 2004, in the Municipal Building of the Town of Vail. ATTEST: Lorelei Donaldson, Town Clerk Dick Cleveland, Mayor Pro-tem INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED (IN FULL) (BY TITLE ONLY) the 2nd day of November, 2004. Dick Cleveland, Mayor Pro-tem ATTEST: Lorelei Donaldson, Town Clerk 633034.1 RCFISH 4 CORE SITE DEVELOPMENT AGREEMENT THIS CORE SITE DEVELOPMENT AGREEMENT (this "Agreement") is made effective as of the day of , 2004, by and between the TOWN OF VAIL, a municipal corporation duly organized and existing under and by virtue of the laws of the State of Colorado (the "Town"), VAIL REINVESTMENT AUTHORITY, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado (the "Authority"), and THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., a Colorado corporation ("Vail Associates"). 1. Vail Associates, Inc., intends to redevelop the site that it owns in the Lionshead area of the Town of Vail to the north of the Eagle Bahn Gondola facilities and which is .commonly referred to as the Lionshead "Core", and more fully described in Exhibit A attached hereto (the "Core Site Property"). That redevelopment is referred to herein as the "Core Site Project." 2. Vail Associates intends that the Core Site Project be comprised of a mixed-use real estate project, which will include residential condominium and/or other multi-family units; public accommodations, including hotel and/or lodge uses; commercial retail uses, including, without limitation, restaurants, coffee shops and other eating and drinking establishments; public and recreational uses and structures, including, without limitation, an outdoor skating rink, open plaza and other areas allowing for recreational or entertainment activities and amenities, and ski clubs or similar associations or operations relating to sporting, recreational or outdoor activities; and other uses, improvements and facilities complementary, supplementary, ancillary, incidental or related to any of the foregoing, including, without limitation, pedestrian and vehicular access ways and facilities, and loading/delivery facilities. { t~. 3. The Town's Planriing and Environmental Commission has approved design and development plans for the Core Site Project as set forth or referenced on Exhibit B, as approved on September 27, 2004, and attached hereto . (the "Core Site Design Approvals"). 4. The Core Site Property is encumbered with certain covenants and other restrictions on title that are inconsistent with the Core Site Project as proposed by Vail Associates and as approved by the Town in the Core. Site Design Approvals. 5. Pursuant to the Lionshead Reinvestment Agreement, the Authority has . initiated a condemnation action to acquire the Core Site Property for the purpose of . removing the covenants and other restrictions on title that are inconsistent with the Core Site Project as proposed by Vail Associates and as approved by the Town in the Core Site Design Approvals. Also, pursuant to the Lionshead Reinvestment Agreement, completion of the condemnation process is contingent upon the Town and Vail Associates entering into this Agreement. MUR\59599.01 \486462.3 6. Initially capitalized terms used but not defined herein shall have the meanings ascribed thereto under the Lionshead Reinvestment Agreement. NOW, THEREFORE, in consideration of the above premises and the mutual covenants and agreements set forth herein, the parties agree as follows: 1. Construction Drawings: Within seven days of execution of this Agreement, Vail Associates will provide evidence 'to the Town that it has entered into a contract with and authorized its architects, 42/40 Architecture, Inc., to commence final construction drawings for the Core Site Project. 2. Conditions of Vail Associates Prior to Closing. As mutual conditions to Closing: a) Vail Associates will apply for and obtain all necessary land use and design approvals from the Town and will obtain all necessary building permits for the construction of the Core Site Project. b) Vail Associates will obtain easement grants and vacations and other grants, approvals or dispositions from the holders of affected property interests that are necessary for proceeding with the construction of the Core Site Project. c) Vail Associates will secure adequate financing as is necessary, in the sole discretion of Vail Associates, for the construction of the Core Site Project, which the Town acknowledges may be dependent upon pre-sales and other factors. d) Upon the satisfaction of the Conditions specified in a) through c) above,- Vail Associates shall give written notice to the Authority and the Town of the satisfaction of all of the Conditions. Written notice shall include evidence, satisfactory to the Authority and the Town in their respective reasonable discretion, of the satisfaction of all of the Conditions. ' 3. The Authority's Requirements Prior to Closing. a) Within fifteen (15) days of the execution of this Agreement, the Authority, with the consent and stipulation of Vail Associates, will apply for and obtain a judgment from the District Court in Civil Action No. 2004CV447 (the "Eminent Domain Proceeding") declaring that the Property has been condemned and the interests of all parties have been determined, subject to the issuance of a Rule and Order upon the request of the parties. The judgment will specify that if no Rule and Order has been requested on or before October 1, 2008, that the judgment will be vacated and the Petition in Condemnation dismissed. b) Within fourteen (14) days of written notice from Vail Associates that it has satisfied all of the Conditions of Vail Associates Prior to Closing in Section 2 above, the Authority, with the consent and stipulation of Vail Associates, will obtain a Rule and Order from the District Court in the Eminent Domain Proceeding conveying unencumbered fee title in the Property to the Authority. MUR\59599.01 \486462.3 4. Cl_ osina: Upon entry of the final Rule and Order under Section 3(b) above, the Authority the Town, and Vail Associates will proceed to conduct a closing (the "Closing") on a mutually agreeable date not more than ten (10) days after completion of the Eminent Domain Proceeding by the District Court's entry of the final Rule and Order therein. a) Authority Obligations at Closing: The Authority will duly execute, acknowledge and deliver a special warranty deed (the "Deed") conveying the Core Site Property to Vail Associates, subject only to the Remaining Exceptions for the Core Site Property, real property taxes and assessments, and new restrictive covenants for the Core Site Property attached as Exhibit D-1 to the Lionshead Reinvestment Agreement (collectively the "Permitted Exceptions"). b) Town's Obligations at Closine: (i) At Closing, or thereafter if and to the extent elected by Vail Associates, the Town will vacate or abandon any pre-existing utility easements in its favor that have locations conflicting with the approved development of the Core Site Project and the corresponding configurations of water, sanitary sewer, storm drainage and "dry" utilities. In furtherance of the development of the- Core Site Project, the Town will grant, across and upon any pertinent easement or property ownership interests held by the Town, and/or accept new corresponding public or quasi-public easements for the affected utilities and other services as configured for the development of the Core Site Project, subject to the Town's approval of those configurations as they may affect Town property interests. (ii) The Town will convey to Vail Associates fee title to those portions of Tract C, Vail/Lionshead First Filing, and Tract C, Vail/Lionshead Third Filing (collectively "Tract C"), that are presently owned by the Town and that ultimately will be encroached by Core Site Project improvements, as set forth in the development plans for the Core Site Project approved by Town's Planning and Environmental Commission and Design Review Board. Specific legal descriptions for those encroachment areas will be established administratively during the Town's approval processes governing the final plans for issuance of building permits for the Core Site Project, and/or any replatting process for the Core Site Property. MUR\59599.01 \486462.3 c) Vail Associates' Obligations at Closing: (i) At Closing Vail Associates will furnish the Town with a promissory note or other form of personal financial undertaking committing to pay the sum of $3,000,000.(the "Financial Commitment"), as security and collateral for the commencement by Vail Associates of the Core Site. Project as evidenced by the commencement of "Vertical Construction" as set forth herein. "Vertical Construction" shall mean above ground construction of the frame or at least one elevator core for the Core Site Project. (ii) The Financial Commitment will be released by the Town if the commencement of Vertical Construction occurs on or before July 1, 2008; provided, that if excavation for the Core Site Project has commenced on or before July 1, 2008, t11e Financial Commitment will be released if Vertical Construction is commenced on or before July 1, 2009. The Town shall be entitled to convert the Financial Commitment to cash for its sole and exclusive use if the . commencement of Vertical Construction does not occur on or before July 1, 2008; provided, that if excavation for the Core Site Project has commenced on or before July 1, 2008, the Financial Commitment will be released if Vertical Construction is commenced on or before July 1, 2009. 5. Public Infrastructure. Vail Associates will construct or cause to be constructed public streetscape improvements within the streetscape area depicted on the drawing referenced on Exhibit C attached hereto. These public streetscape improvements include improvements on property owned by Vail Associates ("On-Site Streetscape Improvements") and improvements in public right of way ("Off-Site Streetscape Improvements"). In addition, Vail Associates will construct or cause to be constructed certain right-of-way improvements to or affecting Lionshead Place adjacent to the Core Site Property ("Lionshead Place Improvements"). The parties will specifically delineate the On-Site and Off-Site Streetscape Improvements to be undertaken in the process of the development plan approvals for the Core Site Project rendered by the Town's Planning and Environmental Commission, based on scope and quality standards comparable to those historically employed by the Town for streetscape in Vail Village. The required Lionshead Place Improvements will be consistent with those provided for in the Core Site Design Approvals. The On-Site and Off-Site Streetscape Improvements and the Lionhead Place Improvements will otherwise be undertaken in accordance with the following: a) Certain Off-Site Streetscape Improvements may encroach into third-party property interests. To the extent they do, it will be necessary for the Town to secure the consents of the affected third-party owners. To the extent that. those consents MUR\59599.01\486462.3 4 cannot be obtained in a timely manner consistent with Vail Associates' construction schedule, then the undertaking of the affected Off-Site Streetscape Improvements will not condition the development or occupancy of the Core Site Project, so long as Vail Associates posts or causes to be posted security with the Town (by a letter of credit or other reasonably acceptable financial device) in an amount based on then prevailing construction values in the market. The Town can then undertake the pertinent Off-Site Streetscape Improvements by recourse to the security provided, if and when the requisite third-party consents are obtained, and with the Town to bear any excess costs. At such time, if ever, as the Town, acting in good faith, determines that it will not be able to secure the requisite third-party consents for any applicable Off-Site Streetscape Improvements, then the security attributable to those Off-Site Streetscape Improvements shall be remitted to Vail Associates; in addition, to the extent those Off-Site Streetscape Improvements are completed by the Town, and the resulting construction costs incurred by the Town to third parties are less than the amount of the posted security applicable thereto, then the remainder of that security will be returned to Vail Associates. The requisite security will be posted in an escrow (with Land Title Guarantee Company, or another escrow agent mutually satisfactory to the parties) and governed by written escrow instructions mutually made by the parties ori-reasonable terms that are consistent with the foregoing provisions. No certificates of occupancy, temporary or permanent ("C.O.s"), will be issued for the Core Site Project until Vail Associates (i) has completed the required On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements or (ii) has posted or causes to be posted security for the remaining incomplete items with the Town (again by letter of credit or other reasonably acceptable financial device), in an amount equal to 125% of the projected construction costs of those remaining items. Vail Associates will warrant the On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements fora 2=year period. b) The parties will act reasonably to coordinate the construction of the required On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the Lionshead Place Improvements with other public infrastructure construction projects being undertaken by the Town; so long as such coordination does not cause any material delays in the construction schedule for the On-Site Streetscape Improvements, Off-Site Improvements, and the Lionshead Place Improvements and/or the Core Site Project, any material increases in related construction costs, or other material interference with the construction of the Off-Site Improvements or the Core Site Project. In any event, if any delays are incurred by Vail Associates in its construction schedule as a result of such coordination, then the completion/security requirements under paragraph (a) above will be deferred for a commensurate period with respect to the On-Site Streetscape Improvements, Off-Site Streetscape Improvements, and the .Lionshead Place Improvements that are delayed, and no C.O.s will be withheld as a result; in addition, when that security is required to be posted or the deferred construction is completed, it will be in amounts based on the construction values that would have been applicable had the delays not occurred (and the Town will bear any incremental costs over and above those construction values). MUR\S9S99.01 \486462.3 c) The Towri will be solely responsible for maintaining the Off-Site Streetscape Improvements. Vail Associates will be solely responsible for maintaining the On-Site Streetscape Improvements and the Lionshead Place Improvements. Vail Associates will provide separate. heat source facilities for the snowmelt facilities subsumed within the Town's maintenance obligations under the foregoing provisions, and the Town shall be solely responsible to maintain and operate those .heat source facilities and bear the associated costs (including, without limitation, utilities charges). 6. Metropolitan Districts acid Public Finance. a) The Town will permit and provide requisite approvals for action taken by Vail Associates to form not more than three metropolitan districts whose boundaries will be inclusive of the Core Site Property and any other development sites owned by Vail Associates or its corporate affiliates, and specifically excluding third-party interests (the "Metropolitan Districts"). The Metropolitan Districts may undertake, pursuant to agreement with Vail Associates, the construction and financing, of the Off- Site Streetscape Improvements, On-Site Streetscape Improvements, and the Lionshead Place Improvements as defined in Section above. The Metropolitan Districts' service plans will specifically limit the Metropolitan Districts' powers to the construction and financing of the Off-Site Streetscape Improvements, On-Site Streetscape Improvements, and the Lionshead Place Improvements and maintenance of the On-Site Streetscape Improvements and the Lionshead Place Improvements. b) If the Metropolitan Districts are formed and if the Metropolitan Districts undertake the obligations of Vail Associates with respect to the Off-Site Streetscape Improvements, On-Site Streetscape Improvements, and the Lionshead Place Improvements, or portions thereof, the Authority will enter into an Intergovernmental Agreement ("IGA") with the Metropolitan Districts for the construction of the Off-Site Streetscape Improvements, On-Site Streetscape Improvements, and the Lionshead Place Improvements, or applicable portions. thereof, and maintenance of the On-Site Streetscape Improvements, and the Lionshead Place Improvements or applicable portions thereof. The IGA shall provide that the Authority shall pay to the Metropolitan Districts amounts equal to the property taxes generated by any mill levy imposed by the Metropolitan Districts and collected by the Authority as tax increment funds. The IGA shall terminate upon the expiration of the power,of the Authority to utilize tax increment funds. 7. Road Impact Fee. Vail Associates has submitted to the Town and the Town has accepted a traffic study to evaluate the project trip generations produced by the Core Site Project. As a condition to the issuance of any certificates of occupancy for the Core Site Project, Vail Associates will be required to pay and/or provide in-kind consideration for a traffic impact fee to the Town in an amount equal to $5,000 multiplied by the number of trip generations attributable to the Core Site Project during the peak hour period, as established by the accepted traffic study which fee may be satisfied by payments and/or credits in accordance with the Town's current prevailing standards and __ _ _ policies, consistently applied, that are generally employed for development projects in the Town. Any portion of the traffic impact fee paid in cash will be applied by the Town, in MUR\59599.01 \486462.3 ~, reasonable consultation with Vail Associates, to traffic and road system improvements at the two intersections of West Lionshead Circle with Frontage Road or to any other transportation project that may be approved by Vail Associates in writing. 8. Loading/Delivery Facili~. Vail Associates will construct within the Core Site Project aloading/delivery facility with eight (8) loading/delivery bays, which will be in excess of the five bays required by the Town Code for the Core Site Project as a private facility. The bays will be made available for public use by grant of appropriate public easement to the Town, complemented by appropriate use regulations assuring adequate loadingldelivery capacities for operations and uses within the Core and in relation to Vail Mountain (including ski operations). The public easement will include provisions for sharing, between Vail Associates and the Town, of operating, maintenance, and repair costs attributable to the loading/delivery facility, which sharing shall be based equitably on relative use. 9. Lionshead Place Skier Drop-Off North Day Lot. The existing Lionshead Place skier drop-off will be removed by the Core Site Project. As a condition to the issuance of any C.O.s for the Core Site Project, Vail Associates must either be under construction, pursuant to a building permit or permits issued by the.Town, for a project at the North Day Lot (comprising part of Lot 1, Block 1, Vail/Lionshead Third Filing) that incorporates skier drop-off under its approved plans, or else furnish comparable skier drop-off at an acceptable alternative location. In conjunction with the development of the North Day Lot project, Vail Associates will grant the Town an appropriate public easement for public use of the transit center facilities ultimately therein. The development of the North Day Lot will not act as any condition to development of the Core Site Project. 10. Courtyard Access. Vail Associates will convey appropriate public easements to the Town for public use of the internal courtyard access ways within the Core Site Project that will be owned by Vail Associates contemporaneously with the initial issuance of any C.O.s for the Core Site Project. 11. Public Art. Vail Associates will provide $1,000,000.00 in public art in conjunction with the development of the Core Site Project. Vail Associates will determine the type and location of the art to be provided, subject to obtaining and giving reasonable consideration to input from the Vail Arts Board (the "Art Board"). Such input will be provided at a regularly scheduled public meeting of the Art Board. Vail Associates will furnish an initial proposed conceptual plan for the public art to the Art Board prior to the issuance of any building permits for the Core Site Project (for this and other purposes, building permits will not include grading permits or. similar approvals authorizing grading or other site work). The timing for the installation of the public art will be reasonably incorporated by Vail Associates into the Core Site Project construction schedule in accordance with generally prevailing construction practices. MUR\59599.01\486462.3 12. Employee Housing. a) In connection with the undertaking of the Core Site Project, Vail Associates will be required to replace the resulting loss of employee housing (i. e., the 100 "beds" lost) at the existing Sunbird Lodge, which will be razed and redeveloped as part of the Core Site Project, and to add incremental employee housing (again determined pursuant , to a requisite number of "beds") corresponding with the employee housing burdens generated by the Core Site Project development as and when actually developed. The requirement for incremental housing will be determined during the Town of Vail development plan review process for the Core Site Project in accordance with the current prevailing standards and policies, consistently applied, that are generally employed for development projects in the Town. The replacement housing for the Sunbird Lodge and such incremental housing are sometimes referred to hereinafter collectively as the "Core Employee Housing Requirements." The Core Employee Housing Requirements will be satisfied from housing within the Lionshead area of the Town of Vail, or any other location that may be approved by Town's Planning and Environmental Commission, in the development plan process ("Acceptable Locations"). b) The provision of required employee housing to satisfy the Core Employee Housing Requirements will act as a condition to the issuance of.any C.O.s for the Core Site Project. Vail Associates may provide required employee housing on an interim basis, not to exceed five (5) years, except that ultimately Vail Associates will be required to furnish permanent facilities for the Core Employee Housing Requirements. 13. Vested Rights. Vail Associates and the Town agree that the Core Site Design Approvals and this Agreement .collectively constitute an approved "site-specific development plan" for the Core Site Property and the Core Site Project under the Vested Rights Laws (as defined below). Pursuant thereto, the Town agrees that Vail Associates, and its successors in interest in the ownership of the Core Site Property, or any portion thereof, will be entitled and have the right to undertake and complete development of the Core Site Property and the Core Site Project in accordance with the Core Site Design Approvals, as the same may be further amended or supplemented in connection with the.. development process by additional development and construction plans, platting or otherwise. This right to so develop shall constitute a vested property right under C.R.S. § 24-68-101, et seq. (the "Vested Rights Act"), and/or Town Code § 12-19-1 et seq. (collectively the "Vested Rights Laws"), and this Agreement shall constitute a development agreement within the meaning of the Vested Rights Act This vested right is being established in consideration of the substantial time and investment which already has been and will be incurred by Vail Associates and its affiliates in planning for and undertaking the Core Site Project, and to afford Vail Associates and its affiliates and successors certainty of the availability of development rights during the potential phasing of the Core Site Project and the economic cycles and variability in market conditions that Vail Associates and its affiliates and successors may encounter during the build-out of the Core Site Project. The following language is hereby deemed incorporated into each of the Core Site.Design Approvals (and amendments and supplements thereto) as well as this Agreement: "Approval of this plan may create a vested property right pursuant to Colorado Revised Statutes title 24, article 68, as amended." This vested property right MUR\59599.01 \486462.3 shall have a term commencing as of the effective date'of this Agreement and continuing for a period ending on July 1, 2008. 14. , Liability of Successors. The provisions hereof touch and concern and run with the ownership of the Core Site Property. However, any successor owner to Vail Associates with respect to any portion of the Core Site Property or the Core Site Project will not have any personal liability for any of Vail Associates' obligations hereunder, except to the extent such successor succeeds to Vail Associates' position as the owner/developer of any building improvements in the Core Site Project before they are initially completed (as evidenced by the issuance of any temporary or permanent certificate of occupancy therefor). This Agreement shall cease to act as any limitation or encumbrance upon any building improvements within the Core Site Project when such building improvements have been thus initially completed. The Town agrees to cooperate reasonably and diligently in furnishing recordable releases and terminations of this Agreement, or for discrete portions of the requirements hereunder, as and when the relevant requirements have been satisfied. Subject to the foregoing provisions, (i) this Agreement shall be binding upon and inure to the benefit of Vail Associates and its successors and assigns, and (ii) references herein to "Vail Associates" shall be construed to include its successors and assigns from time to time. Vail Associates may also delegate its maintenance and other obligations under Section 5 above to any successor owner in the Core Site Project, to one or more of the Metropolitan Districts, and/or to.any owners' association formed for the Core Site Project or any portion thereof, and Vail Associates will have no further liability for any of those obligations that are so delegated. 15. Notices; Business Days. Any notice required or permitted under the terms of this Agreement shall be in writing, may be given by the parties hereto or such parties' respective legal counsel, and shall be deemed given and received (i) when hand delivered to the intended recipient, by whatever means; (ii) three (3) business days after the same is deposited in the United States mails, with adequate postage prepaid, and sent by registered or certified mail, with return receipt requested; (iii) one (1) business day after the same is deposited with an overnight courier service of national or international reputation having a delivery area encompassing the address of the intended recipient, with the delivery charges prepaid; or (iv) when received via facsimile on the intended recipient's facsimile facilities accessed by the applicable telephone number set forth below (provided such facsimile delivery and receipt is confirmed on the facsimile facilities of the noticing party). Any notice under clause (i), (ii) or (iii) above shall be delivered or mailed, as the case may be, to the appropriate address set forth below: If to Vail Associates: c/o Vail Resorts Development Company Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Jack Hunn, Vice President of Design and Construction Fax No.: (970) 845-2555 Phone: (970) 845-2359 MUR\5 95 99.01 \486462.3 with a copy to: c/o Vail Resorts Development Company Legal Department Post Office Box 959 137 Benchmark Road Avon, Colorado 81620 Attention: Kursten Canada, Esq. Fax No.: (970) 845-2555 If to Town: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Manager Fax No.: (970) 479-2157 with a copy to: Town of Vail 75 S. Frontage Road Vail, Colorado 81657 Attention: Town Attorney Fax No.: (970) 479-2157 . Either party may change its addresses and/or fax numbers for notices pursuant to a written notice which is given in accordance with the terms hereof. As used herein, the term "business day" shall mean any day other than a Saturday, a Sunday, or a legal holiday for which U.S. mail service is not provided. Whenever any date or the expiration of any period specified under this Agreement falls on a day other than a business day, then such date or period shall be deemed extended to the next succeeding business day thereafter. ~ . 16. Severability. In the event any provision of this Agreement is held to be illegal, invalid or unenforceable under any present or future laws, the legality, validity and enforceability of the remaining provisions in this Agreement shall not be affected thereby, and in lieu of the affected provision there shall be deemed added to this Agreement a substitute provision that is legal, valid and enforceable and that is as similar as possible in content to the affected provision. It is generally intended by the parties that this Agreement and its separate provisions be enforceable to the fullest extent permitted by law. 17. Exhibits. All Exhibits to this Agreement which are referenced by the provisions hereof as being attached hereto are deemed incorporated herein by this reference and made a part hereof. MUR\59599.01\486462.3 1 Q 18. Entire Agreement. This Agreement and the other contracts or agreements specifically referred to herein represent the entire agreement between the parties hereto with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. 19. Estoppel Certificate. At any time and from time to time (but upon not less than ten (10) days' prior notice by Vail Associates), the Towri shall execute, acknowledge and deliver to Vail Associates and its designees an estoppel certificate in writing certifying that this Agreement is unmodified and in full force and effect (or if there have been modifications, that this Agreement is in full force and effect as so modified, and stating the modifications); that Vail Associates is not. in default of any obligations, conditions or requirements hereunder, except as otherwise specified in the response; and such other matters and information related to this Agreement as may be reasonably requested. Failure of the Town to furnish its response within the requisite 10- day period shall be conclusive upon the Town that the matters requested for disclosure are in the status most favorable to Vail Associates, as determiried by Vail Associates. 20. Rules of Construction. The headings which appear in this Agreement are for purposes of convenience and reference and are not in any sense to be construed as modifying the paragraphs in which they appear. Each party hereto acknowledges that it has had full and fair opportunity to review, make comment upon, and negotiate the terms and provisions of this Agreement, and if there arise any ambiguities in the provisions hereof or any other circumstances which necessitate judicial interpretation of -such provisions, the parties mutually agree that the provisions shall not be construed against the drafting party, and waive any rule of law which would otherwise require interpretation or construction against the interests of the drafting party. References herein to the singular shall include the plural, and to the plural shall include the singular, and any reference to any one gender shall be deemed to include and be applicable to all genders. The titles of the paragraphs in this Agreement are for convenience of reference only and are not intended in any way to define, limit or prescribe the scope or intent of this Agreement. 21. Town Council Approval. This Agreement shall not become effective until the Town Council's adoption and approval of this Agreement by ordinance. As part of that resolution, the. Town Council will designate .and authorize the Town Manager to execute and deliver this Agreement on behalf of the Town. The effective date of this Agreement shall be the date upon which this Agreement has been executed and delivered by Vail Associates and so executed as set forth above by the Town Manager. 22. Waivers and Amendments. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the party to be bound thereby. No modification or amendment to this Agreement shall have any force or effect unless embodied in an amendatory or other agreement executed by Vail Associates and the Town, with the Town's execution to be authorized by Town Council ordinance or resolution, as applicable. However, if, on behalf of the Town, the Town Manager, after consultation with the Director of Community Development,.determines that any proposed amendment MUR\59599.01\486462.3 11 or modification ~ constitutes a minor change, then the Town Manager shall have the unilateral power and authority to execute and deliver such amendment or modification on behalf of the Town and to bind the Town thereby. In any event the Town Manager will have the unilateral power and authority to furnish any estoppel certificates, approvals, confirmations of whole or partial termination, or other documents or communications contemplated by the provisions of this Agreement. 23. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. Additional Assurances. The parties agree to reasonably cooperate to execute any additional documents and to take any additional action as maybe reasonably necessary to carry out the purposes of this Agreement. 25. No Third Party Beneficiary. Except for the corporate affiliates of Vail Associates, who are expressly intended to be third-party beneficiaries of Vail Associates' rights hereunder, no third party is intended to or shall be a beneficiary of this Agreement, nor shall any such third party have any rights to enforce this Agreement in any respect. Vail Associates' "corporate affiliates" will include any entity which by direct or indirect majority ownership interests is controlled by, controls, or is under common control with Vail Associates. Other corporate affiliates of Vail Associates may have ownership interests in the Property and/or the Core Site Property, and references herein.to "Vail. Associates" shall be deemed to include any such corporate affiliate with an ownership interest. 26. Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, and which together shall constitute one and the same agreement. 27. Recording. This Agreement shall be recorded in the real property records for Eagle County, Colorado. 28: No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town and Vail Associates, and nothing contained in this Agreement shall be construed as making the Town and Vail Associates joint venturers or partners. 29. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Agreement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other all of the prevailing party's costs and expenses incurred in connection therewith, including reasonable attorneys' fees (and the presiding court will be bound to make this award). IN WITNESS WHEREOF, the Town and Vail.Associates have.made this Gore Creek Place Development Agreement as of the day, month and year first above written. TOWN: TOWN OF VAII,, a municipal corporation duly c MUR\59599.01\486462.3 12 organized and existing by virtue of the laws of the State of Colorado By: Name: Title: Town Manager ATTEST: Lorelei Donaldson, Town Clerk STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of .200 , by as Town Manager of the Town of Vail, a municipal corporation duly organized and existing by virtue of the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public [Signature blocks continue on following page] MUR\59599.01\486462.3 13 VAIL ASSOCIATES: THE VAIL CORPORATION DB/A VAIL ASSOCIATES, INC., a Colorado corporation By: Name: Title: STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of .200 , by as of The Vail Corporation d/b/a Vail Associates, Inc., a Colorado corporation. Witness my hand and official seal. My commission expires: Notary Public (Signature blocks continue on following page] MUR\595 99.01 \486462.3 I VAIL REINVESTMENT AUTHORITY By: Name: Title: STATE OF COLORADO ) ' ss: COUNTY OF EAGLE ) . The foregoing instrument was acknowledged before me this day of 2004, by as of Vail Reinvestment Authority, a body corporate duly organized and existing as an urban renewal authority under the laws of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public 632580.RED RCFISH 1028/04 3:37 PM - A' 1 Mail Malley Athlete commission Program - GLJIDE]C,~NES mat is it: Local Pepi Gramshammer originally conceived the idea for the Athlete Commission as a method for the Community to provide financial support for the Valley's deserving athletes. The program supports those athletes participating in international competitions with components of scoring and ranking. Currently, the commission consists of four funding partners: Beaver Creek Resort Company, Town of Vail, Vail Resorts, Inc. and the Vail Valley Foundation. guidelines and criteria: All applicants must meet the following criteria to be considered for funding: . 1. Applicants must compete in international competition, outside of North America. 2. Applicants must be residents of the community for a minimum of three years. 3. Applicants must compete as individuals; no teams will be considered for funding. Team members may apply as an individual ONLY if his/her position on the team is based on individual ranking. 4. Appli~;ants trust be a minilnuln a~~~ of I ~ yta~.~; yuu~~ger competitors will be considered on an individual basis: In addition to these criteria, other consideration for funding will come from: 1. Athletes level of financial need 2. Level of competition in which the athlete participates While not a requirement, the commission hopes to honor those athletes that in turn honor their community. Whenever possible, representation of a community logo is expected and greatly appreciated. Funding is not available to athletes participating in fundraising andlor awareness events. Although the cause is most certainly worthwhile, the funding is designed for those participating in competitions.of scoring and ranking. Additionally, funding is not available to seasonal athletes while they are coaching or attending seasonal training camps or to persons with a criminal record. Please note that the commission board reserves the right to review all applications and allocate funds on an individual basis. application Process: Two separate opportunities for application will exist, however applicants who meet the necessary criteria can only receive funding once ner calendar year: o For winter 2003, applications must be received by September 26a', and funds will be distributed by November 1St o For summer 2004, applications must be received by April 23rd, and funds will be distributed by May 31St All applications should be returned to: Vail Valley Athlete Commission Program C/O Vail Valley Foundation P.O. Box 309 Vail, CO $1658 Fax:'949-9265 attn. Courtney Harris BEAVER CREEK RESORT COMPANY • ;~ mnrrnrnnrn n ~Y ~A I L RESORT 5° ~A~Y "~jqg ,7 VAIL VALLEY ATHLETE COMMISSION REPORT Winter 2004 - 2005 ~~ ~~ ~~ Nathan Asoian Alpine Skiing $2,500 Ae19 Im roved overall Su er-G rank to # 192 in World Ranked #3 overall/#1 Junior, Mammoth Mountain Spring Series Su er G Member of the 2003 US World unior Cham ionshi Team 2002-2003 29th overall in season-lon NOR-AM Su er G standin s 2002 1St Overall DH and SG Chevy Trucks Rocky/Central Junior Ol ics Competitions World Alpine Junior Championships - Bardonecchia, Italy planned for 2 SG - Sarentino/Sarntocl, Italy 2004-2005 2 GS -Cam itello Matese Ital Clair Bidez A e17 Snowboarding $2;000 2004-2005 Named to US Snowboard Team 2004 5th Place Half i e US O en -Stratton VT 2004 8th Place Half i e World Su er i e Cham ionshi s -Park Ci 2004 9th Place Half i e unior World Cham ionshi s -Klinovec CZE 2003-2004 7th/9th/ 10th Places Half i e USSA Grand Prix - USA Competitions planned for 2004-2005 All Grand Prix -Breckenridge/Mtn. Creek/Mt. Bachelor World Cups -Switzerland/Lake Placid World Snowboard Cham ionshi s -Whistler BC Dylan Bidez Snowboarding $1,000 A e14 2004 # 1 Snowboard Big Air/ # 1 Snowboard Dual Slalom/ # 1 Snowboard SuperPipe/#1 Male Snowboarder, Sports Illustrated for Kids Next Snow Search - Ke stone CO 2004 2nd Place Boardercross/6th Place Halfpipe (age group), Trofeo To olino - Fol arida/Marilleva Ital 2004. 2nd Place Halfpipe (age class)/6th Place Halfpipe overall/3rd Place Boardercross, USSA Western Regional Cham ionshi s/ unior Ol m ics - As n CO 2004 12th Place Halfpipe/2nd Place Boardercross, USASA Nationals - An el Fire NM 2004 8th Place Half i e US O en unior am -Stratton VT Competitions Trofeo Tupolino Halfpipe and Boardercross -Italy planned for FIS Junior World Championships Halfpipe -Switzerland 2004-2005 USSA Grand Prix - Breckenrid e/Mt. Bachelor/~vltn-. Creek 10/21/04 1 Kevin Hochtl A e: 24 Nordic Skiing $2,000 2004 7th Place West Yellowstone 50km 2004 12th Place S rint NorAM Cham ionshi s -Telemark WI 2004 17th Place S rint US Nationals 2004 2nd Place American Birkebeiner S rint 2003 S rint 22nd Place Euro a Cu -Cam ra Sui (71 FIS oints) Competitions Planned for 2004-2005 Engadin Ski Marathon 42km - Engadin Valley, Switzerland Innsbruck FIS Sprint -Downtown Innsbruck, Austria 6 Euro a Cu S rint & Lon Distance Races -Austria/Ital ~'~ c7 ~~\b0 ~3 Stacia Hookom A e 29 Snowboard Racing $10,000 6 National Cham ionshi s Titles 8 FIS World Cham ionshi s Titles 2002 Znd Place World Cu PGS - Solden Austria 2000 3rd Place Goodwill Games -Lake Placid 2003 Grand Prix Cham ion Competitions planned for 2004-2005 World Championships -Whistler, BC World Cup Tour -Europe/US/Asia Grand Prix -Park Ci Utah Lisa Isom Xterra and Winter Triathlon $1,000 ~/ e 32 Currentl ranked 6th in nation as a ro in Xterra Triathlon Series 2004 1St Place overall fastest run premium/6th Place overall, Xterra Western Cham ionshi s - Bi Bear CA 2004 4th Place pro female (first professional finish), Xterra Central Cham ionshi s - Ke stone CO 13th Place, ITU Winter Triathlon World Championships - Wildhaus Switzerland 2003 2003 Xterra Amateur National Champion (women 30-35)/2na Place overall -Lake Tahoe NV Competitions Xterra National Championships -Lake Tahoe, NV Planned for Xterra World Championships -Maui, HI 2004-2005 ITU Winter Triathlon World Cham ionshi s -German Julia Lithnan Alpine Ski Racing $5,000 e 20 2004 10th Place DH (overall)/4th Place Juniors, Noran Cup -Sig Mountain MT 8th Place SG FIS Elite S rin Series -Mammoth CA 2004 1St Place GS Western Colle ate race -Taos NM 3rd Place DH (Juniors)/2nd Place Combined Events, US Nationals - Alaska 2003 Colorado Ski Count USA Athlete of the Year Competitions FIS SL & GS - Hinterstoder, Austria planned for DH & SG Nor AM race -Lake Louise, Canada 2004-2005 Nor AM SL & GS - Callin wood uebec Canada 10/21/04 2 ~' ~~ ~` gnu ~~~ Steve MacCutcheon A e16 Snowboarding $20 000 2004 10th Place FIS South America Cu -Valle Nevado Chile 2004 USSA US Snowboard unior Gold Team Member 2004 USSA US Snowboard unior World Team Member 2003 1St Place PGS PSL/overall Al ine at National Cham ionshi s 2003 1St Place unior Ol ics - As en CO Competitions planned for 2004-2005 FIS South America Cup -Valle Nevado, Chile 2005 Winter X-Games -Aspen, CO 2005 FIS unior World Cham ionshi s -Arosa Switzerland Deacon Maloney Snowboarding-Boardercross/Giant $3,500 A e: 17 Slalom/Slalom (Boardercross-em hasis) 2004 26th Place Boardercross Grand Prix -Mammoth CA 2004 17th Place Boardercross X-Games ualifier - Su arbowl CA 2004 5th Place Boardercross/2nd GS/ I 1 th Slalom, USASA Nationals - An el Fire NM 2003-2004 3rd Place Boardercross/3rd Place, GS USSA Rocky Mountain Snowboard Tour - Co er Mountain CO 2002-2003 Gaynor Miller Leadership Award (SSCV athlete showing most leadershi ) Competitions Grand Prix (01 /07-01 /09/05) -Bachelor, OR Planned for Western Regionals (03/ 12-03/ 13/05) -Jackson Hole, WY 2004-2005 FIS unior Worlds (04/04/04/08/05) -Arosa Switzerland Sarah Schleper , e: 2 5 Alpine Skiing $10,000 2004 2nd Place World Cu Slalom -Sestrieve Ital 2002 1St Place Slalom Su ar Bowl California National Cham ionshi 2001 1St Place Bi Mountain Montana National Cham ionshi 2000 2nd Place World Cu Slalom -Sestrieve Ital 2000 3rd Place World Cu GS - Semmerin Austria Competitions Planned> for 2004-2005 World Championships - Bormio, Italy World Cup 2 Slaloms/ 1 GS -Aspen, CO All World Cu Slalom & GS - Euro e 10/21/04 3 ao~ ~a~~ey F®u~data®~ thOete ®rr~missi®n Financial Rep®rt Minter 2004®2005 Funds Name ®f ~a~tne~` :,, .. ~ ~ _ __A, __ ~ = a4rii®unt Given. - ~ 2003 ;. ~-mount Cornrnitted ~ .: ;;' F .. ~: 2004-2005. Rollover Funds from Summer 2004 $2,536.84 Beaver Creek Resort Com an $4,000 Town of Vail $4,750 Vail Resorts $5,000 Vail Valle Foundation $5,000 TO~'ALS $18,750 ~:rbo Q.d. uu~ u.unxu.e, ac.u,~,c,cx~ vr4., • -._ 6Vame ®f Athlete ,, ~; V1/'nteir. Funds ~ Arn~unt ;, ,. ~, . ; ®istributed. :. , .. .. .. =' balance ~ ;' ~ . iVathan Asoian I J5b ~ Clair Bidez t ~®t~ v D Ian Bidez 1000 ~ Kevin Hochtl ~'®v Stacia Hookom ~.~'~® c/ Lisa Isom ~ I, ego '~ Julia Littman ~~~'t Steven MacCutcheon a ~6aas v Deacon Malone 1. bUD • ~~ ' b3 v ~ ~.d Sarah Schle er ~S 5J5 y T®TAD_S .:, ___ ___ . ~ . ~:. Expenses ,. ` ` - ,. e~rno,unt v~ . ; ~ balance T®TA~.s *''Does Not Qualify Winter Funding 2003-2004 Name of Athlete Amount Distributed BJ, Aguilar $0 Eric Archer $1,500 Nathan Asoian $2,000 Clair Bidez $750 Dylan Bidez $500 Chris Del Bosco $0 Ross Herr $0 Cody Jenick $2,000 Julia Littman $0 Deacon Ross Maloney $500 Robert McKendry III $0 Josiah Middaugh $500 Jonathan Morath $0 Jimi Mortenson $0 Sarah Schleper $4,500 Eden Serina $1,500 Sabrina Ste-Marie $500 Rachel Van Sloun $0 Stephen White $750 Dawes Wilson $750 Total Distributed: $15,750 Summer Funding 2004 Name of Athlete Amount Distributed Michael Janelle $1,000 Darren Lacy** $0 Eric Lavigne $0 Josiah Middaugh** $0 James Mortenson $2,000 Adam Palmer** $0 Adam Plummer $0 Nat Ross $1,000 Daniel Weiland $1,000 Total Distributed: $5,000 **Does Not Qualify ~a°~~~ o~~ ~~.~L~L~E`Y ,~ n ~~~~~ ~'-""""'" October 27, 2004 Vail Town Council Members JOHN W. GIOVANDO Town of Vail ~iee~rk.re Director 75 SOUth FrOlltage Road West EUGENIA ZUKERMAN Vail, Colorado 81657 Arf(/tic Director Greetings, BOARD OF TRUSTEES Kathleen Eck Thank you again for your continued support of the Bravo! Vail Valley Music Festival. C/aau•nzaa The 2004 season was a great success both artistically and financially with over 57,000 in Steve Pope attendance and over 60 performances presented. Thank you, too, for the opportunity to respond vice Cbau•nzaa to questions raised during your 2005 budget process. Jan Broman Tieae~erer Barbara Treat Secretnr~ Adam Aron Paul Becker Bill Burns Simone Carlen Tim Dalton Sallie Fawcett David L. Ferguson Cookie Flaum Ceil Folz John Galvin Led Gardner Donna Giordano Bill Jewitt Alan Kosloff Rob Levine Patricia Lynch Mary Anne Metternick Bill Morton Patricia O'Neill Martha Rehm Terie Roubos Oscar Schafer Rob Shay Rod Slifer Phil Smiley Bill Stolzer Susan Sturm Douglas Tansill MAILING ADDRESS: Post OfEce Box 2270 Vail, Colorado 81658 PHYSICAL ADDRESS: 201 Main Street Minturn, Colorado 81645 Phone: 970.827.5700 Toll Free: 877.827.5700 Fax: 970.827.5707 E-mail: bravo@vail.net www.vailm us icfestival. org in the ":Live @ the Library" program, world-class musicians provide fun and informative performances combing music with story hour in libraries throughout Eagle County. The concerts are specially designed for our youngest listeners, ages 3-7. Our education coordinator, :Liz Campbell, was told by Ann Sinton, Children's Librarian, that Bravo! could only have one date, and only on Monday, July 12. Bravo! is happy to commit to four (4) dates for 2005 if the Vail Library has the availability. Also enclosed is a summary of all of the resident orchestra housing (Rochester Philharmonic, Dallas Symphony and New York Philharmonic) for the 2004 season. The total needs of the Festival were met primarily at Vail properties. All of the resident orchestra members are unionized, a~ld as such housing must meet a number of criteria. The Vail Marriott Resort, Vail Cascade Hotel and Spa, and Park .Hyatt Beaver Creek are the only hotels that meet their needs. The Antlers at Vail serves the need for suites. When the Festival initiated its three-year agreement with the New York Philharmonic in 2003, the Park Hyatt came in with athree-year agreement, the lowest bid and the added value of a cross-promotional campaign with their New York sister properties. It was only through the Festival re-approaching the Vail properties and negotiating over the next year that the Vail Marriott Resort met the bid price. Enclosed is the Economic Impact Survey that was conducted after the 2003 season, and an article from the Vail Daily, "Bravo! brings in bucks," that describes in detail the positive sales tax impact the Festival brought and will continue to bring to Vail and the valley. Thank you again for your support of this important cultural amenity, and please let us know if you have any questions or comments. With best regards, .~ ~ ~a~ J ]n W. Giovando xecutive Director ,~ Q~+~c~- J anne Reid irector of Development Enclosures k Rochester Philharmonic Orchestra Arrival June 26, 2004; Departure July 5, 2004 October 25, 2004 Property Niunber of Rooms PAID FOR ROOMS Location Vail Racquet Club ltwo-bedroom condo* Vail 2 one-bedroom condos* Vail Racquet Club #OS-04 ltwo-bedroom condo Vail Vail Racquet Club #L-1 lthree-bedroom condo Vail Vail Racquet Club #04-OS ltwo-bedroom condo Vail Westwind Condo #203 lone-bedroom condo Vail after 4 nights Antlers at Vail 20 one-bedroom condos @ $65 per night x 9 nights = $11,700 Vail Lionshead Imi Vail 12 hotel rooms @ $65 per night x 9 nights = $7,020 Lodge at Avon Center Avon 6 one-bedroom condos and ltwo-bedroom condo @ $58 per night x 11 nights = $4466 Need to pay for 11 nights for special rate (9 nights usage) Self Housing n/a 7 musicians for a total of 53 room nights @ $70 per night = $3710 *Guest needs to move to another condo Rochester Philharmonic Orchestra Arrival June 26, 2004; Departure July 5, 2004 Property Number of Rooms DONATED ROOMS Antlers at Vail Apex Lodge at Vail Evergreen Lodge Landmark #505 Lifthouse Condominiums LionsheadInn Lodge at Avon Center The Lodge at Vail Manor Vail Resort (Christopher Seaman; arrival June 24 and departure July 3, 2004) Posen Residence (Jeff Tyzik; arrival and departure) Sonnenalp Resort Vail Cascade Resort & Spa Vail Marriott Resort Vail's Mountain Haus (Riclc Nowlin) 20 one-bedroom condos 2 2 1 two-bedroom condo 6 studio suites 16 6 one-bedroom condos 1 two-bedroom condo (only french doors) 3 1 one-bedroom suite 1 private home 1 (junior suite hotel room) 4 8 1 one-bedroom condo October 25, 2004 Location Vail Vail Vail Vail Vail Vail Avon Vail Vail Edwards Vail Vail Vail Vail Dallas Symphony Orchcstra Arrival July 8, 2004; Departure July 18, 2004 Property Number of Rooms PAID FOR ROOMS Location Antlers Lodge at Vail Vail 20 one-bedroom condos @ $65 per night x 10 nights = $13,000 Lionshead Inn Vail 4 hotel rooms @ $65 per night x 10 nights = $2,600 Lodge at Avon Center Avon 6 one-bedroom condos and ltwo-bedroom condo @ $58 per night x 11 nights = $4,466 DONATED ROOMS Antlers Lodge 20 one-bedroom condos Apex Lodge at Vail 6 Aron Residence 1 private home (Andrew Litton) Evergreen Lodge 4 Highlands Lodge #408 lthree-bedroom condo Richard Kaufman for arrival 7/10 And departure 7/16 October 25, 2004 Location Vail Vail BC Vail BC Lifthouse Condominiums 6 studio suites Vail Lionshead Inn 8 Vail The Lodge at Avon Center 6one-bedroom condos Avon Posen Residence Sonnenalp Resort Vail Cascade Resort & Spa Vail Marriott Mountain Resort Vail Racquet Club - #L-1 1 two-bedroom condo (French doors only) 1 private home Edwards 1 (junior suite hotel room) 8 Vail 5 Vail 1 three-bedroom condo Vail New York Philharmonic Arrival July 22, 2004; Departure July 31, 2004 Property Number of Rooms PAID FOR ROOMS Antlers Lodge at Vail Vail 35 one-bedroom condos @ $65 per night x 10 nights = $22,750 Vail Marriott Mountain Resort Vail 15 x $65 x 10 = $9,750 Park Hyatt BC DONATED ROOMS Location Vail Marriott MoLUltain Resort 15 Vail 60 x $65 x 10 = $39,000 ~Ir°~flIl1111~IlBfl~lr'~ ~~~~ Antlers 40 rooms Vail Marriott 30 rooms Vail Park Hyatt 50 rooms BC October 25, 2004 ~~~~~ ~~ ~f~Sl~®o @~au0 ~~~~ey M~s~c ~es~~va0 ~~®~®~vu~ Dolr~pa~$ ~~e,~~y Visitors Malring a Special Trip for Bravo! Revenues Generated Taxes Collected To~nrn of Vail $ 4,307,461 $ 301,080 Beaver Creek $ 1,302,590 $ 72,033 Avon $ 933,066 $ 37,323 Eagle County Total $ 6,855,739 $ 102,836 Won-special Trip Attendees Dining on Con cert Nights Revenu es Generated Taxes Collected To~nrn of Vail $ 539,967 $ 31,858 Eagle County Total $ 539,967 $ 8,100 Totals Generated Because of Bravo! Concerts Revenues Generated Taxes Collected Towrn og Vail $ 4,847,428 $ 332,939 Beaver Creek $ 1,302,590 $ 72,033 Avon $ 933,066 $ 37,323 Eagle County Total $ 7,395,706 $ 110,936 Total $ 553,230 Bravo! Vail Valley Music Festival has completed an economic impact study illustrating that the Festival has a $7.4 million economic impact on the Vail Valley. Each summer the Festival conducts a marketing survey of their audience. Thirty-four percent of the audience in 2003 said that they make a special trip to Vail to attend a Bravo! concert. Based on this number, the number of concert attendees and RRC Associates data of visitor expenditures, Bravo! was able to extrapolate that $7.4 million dollars is spent in Eagle County directly because of Bravo! performances. Sixty-three percent of concert-goers stay in Vail, 19.9% stay in Beaver Creek and 13.6% stay in Avon. Revenue generated because of the Festival resulted in more than $550,000 in incremental tax revenues for the Vail Valley. Of this $110,000 of the taxes were collected for Eagle County, $330,000 of the taxes collected for the town of Vail, $72,000 in civic assessments were collected by Beaver Creek and $37,000 in taxes were collected by the town of Avon. JOHN W. GIOVANDO E.rrrrttiorDirrch~r EUGENIA ZUKERMAN Artr:~tfcDir•rrhu- Post Office Box 2270, Vail, Colorado 81658 201 Main Street, Minturn, Colorado 81645 Phone 970.827.5700 Toll Free 877.827.5700 Fax 970.827.5707 www.vailmusicfestival.org E-mail bravo@vail.net ~~~~~ ~~ ~~~~®o ~aa~ ~~90ey Nl~.asoc ~~s~eva0 NY Phil Summary [~®p~®Q~p~ Op~~~~~ ~~~~~ Rev $ 2,799,708 Tax Eagle Cty $ 41,996 TOV $ 124,926 BC $ 27,269 Avon $ 14,129 JOHN W. GIOVANDO EsrcutirrDii•rchn• EUGENIA ZUKERMAN Ai7taticDii•ertni• Post Office Box 2270, Vail, Colorado 81658 201 Main Street, Minturn, Colorado 81645 Phone 970.827.5700 Toll Free 877.827.5700 Fax 970.827.5707 www.vailmusicfestival.org E-mail bravo@vail.net SJ~..:~:t~.:., .d VLUMt AA~AIx ItlYM6ER 6G~.,-~:. ,,:;; ~ :_' ~~UV~~uuuµ ~3 `~" '~t ff '~"t~' ~}~ „t. 11 1 1`{ ~`U~; 4 Y,,. Nn fi~•vY-~~,w.~~~. .. .' M~V•, nK!Yw .u• ~~=®i,~ ~ ~ ~®,~' .. II~'1{~~n~i~~l~~ !~~1~~t'I.la lr~ ;' `~°a:..~; .. =~'~' ~. z - RemYlgvett .~:va~ldaily.~cojn•. ~ ~. ~ ~ ' : • ~;; :°e-mall:,heid!•sr~pomC~vaitdaily.com•. _ i~ •u ~"' ~ , 'Edwards Elementary'. , ',.v" .;;•{97.0) 94-0555 - ~ ~ _. ":'Sueeeey :' - ... °r ~ . ~ .. rt~ •,t .. ~' i9igh 24{ low S~ ... . - a •• .~~.' - - .. . ~flfl in `uO!'Bli~'BgOI$I@ ~®g8$heP ' . .. •S®e IlNeathar, Pi4GE~36 • . w. ~,t ~.•~• `• •~. E ~~~A=;ti~rv~~~•:estiinates.the ~20Q3~;sumn2er~ concert'se•res injected $7:;4"~m• illion into the local econom . ~ :.. ~~ ~a~~.~~.~ •• •~ ~- • THE VAIL DAILY 970.949.05551vai(daily:c~m •Friday,'February 13, 2004•- Page A3. ~ ' • Bravq!`Vai.l Valle_ y - " • ~~Biavo!.•"we.want the•.'se people _ '~ MUSI.C. FeStIVaI ~ ~. to know that these donations are . ' ~atten~~ees bolster ~ agoAdinvesfmcnt:" -~•• • ~' • • • ' ' ' • Th'e' study, based. on 400 • ,- ,•eCOriG,llly Irl eaSterrl ~ ••respondents,•estimates that one-. ,~, "'f it ' - r~: ~ r "'MASi VN~~ ~f ~ µ 5!~{i.~+t tir'trtt• ~M halfi ofi Eagle county;.. ihird-ofrhes7s89pegpleatteud-., ,•.,,.,,. t.-,,~:,......._ .- .. . ~ • ' StUCi Si1OWS '• ~ ` . ' ing Bravo! ;events stayed, •. Y ~ overnight in';Vail, geneiating:,• fi ! ~.e ~:: i! ~ ~;' '~' .. Y•`~~"ai~ti!'li~~., •By Cliff Thompson . F $2.45 million. ~ose,a~eonimo j ! '! h ~• titF11;!.~i litr • DnnxSTaFFWxr{•sx ~ ' ~dations~carded ~puzp~a,se•price >. :~,! , + ,i ~~! IF~~I!n!~ ..I., . • -_." ' • ~bf,:' $252; .per pe~'son„ tRek••~g~~,W.. ~ ~ • ,,. . t; .: ~. .Based. on a marketing survey. ~~h~~:~:.f~i~i:arld•'~et;~8ge fur: },• ,•. • of its audience; :Bravo! Vail Val ,.cbas+rs averaged $~~-P~atkpe;sly, a .:;~zr.~ ': ley Music Fe§tival is estimating "shp~pmg,i^$SZ;~ ~~ other act~vY~,l ° `~' • its patrons spent •$7.4 million : ties- end purch2ses tQ~~e~$61,'~?~~r'~ - - ".. last---year in..Vail, Avon, and. ~ n-~arlsOrii sate tll~t:~tudy,w~~ 1 Beaver Creek during its 60-plus' ~?1~a~ed~on,.conssiya~iye.0~ti~at~s~; . •~events.. ~ - •' ~thak,dtscounted+the';h~~tlie~:;ol~• ' .To': geneiate .the: spending :tdom'nigliis"by 50 perCe~t, ~~`C'' ; _ ' 'totals, the nonprofit .polled its ~ •tle combined avel'a~e b~ mozx~y~ ' .audiences ,and- used ;spending spe~,t b~ by~~nigh~ Ytsiitrs' •and~L - "' r statistics 'generated for the Vail. 'evenrpn~y°visiiorSN~s~$12'Z,`°er.~.' _'•• '~ • - 4 ~ .~.• •~ Valle Chamber and. Touris ''~"'' ~`~~ ' ' Y ' sr~ ~ ~~ performauG~,: •~; ~ ... • ~ x. ~:: ~;, Y , . Bureau'by the RRC'Associates, '' Vail.}'~yas:•tha lime b~~efYCt • . ~ r~ •' :, a Boulder-based • • consulting .ary of the concerfs...~eai+!y two »~' • +~ ~~ 'firm. • '•• ah7rds of 'the oveFtughE visitors : , ,~ , .~ ;r" ••:~; .' ~ ' fi • . ..., ~ `' ~ t. t Bravo! brought the New York --" ^~ ••--••:61Jpercent -- stayed'in Vail, - Philharmonic,•Dallas•Symphony '.while, one-fifth -~• or 19.9=per- " . - ~ ''~^ ~ ' ' ' and.the Rochester Philharmonic ~ cent -. stayed in Beaver. Creek ~" ~ ~• ,' •" ' "• '' ~ •' •- •• ••...''= -' ~ ~ Dally file photo ,. . to Vail and has a $3.3 million -and the.Femainder•- 1~• percent . Attendees of the. Bravo! Vail ~la~ley Music Festival summet'.:eoncert series, which' has featured • 'budget; the majority of-which. --= stayed inAvon.. ~ the NeWYork P.hllharmonie, spent $7.4:million In Eagle county',•during Its performances last year:~• _~ •• . comes from individual and busi-.. ~• The ;xown. of• Vail ~ collecte'd•'• •~ ~' •~ .• `~~' . ~. ' ~~ ~' •• ness clonations,~The New'•York,• $33?~;9;3~'in sales-tax and.lodg- '$128,870<•to,`Bravq!;:>:Beaver.,:_,officer. ~ Philharnionie:- More than 60 -' philharmonic. alone is c;edited ing''taX'~tedenue on $4,8' million Creek, ',$25,.Q00 .:and'-••'Eagle;,:,;i The Bravo!" VailValley ' peiformances• ~ are .scheduled, - with. ,bringing .in $2.8 ;million ' in~'sgendmg, Beaver Creek col-' ~ .County. through".ECO Transkt, '~ Music Festival; now m its 17th Many' of those occur at Vail's., . :during its performances;.. • ~ • lected'$72,033'froha its 5.5 per- • , $5,000 in cash and $8,000. of :year,' tVill >run June 27 "thrpugla, .Gerald R. Ford Amphitheater. "We~are a nonprofix and ut-e.' cent. civic.' assessment. on .$1.3 • in-kind. services, mostly at the Aug.' ~ •th~s summer and ..Will,,,.. rely'on the'genergsity• not only • million in• spending and••Avon:. Eagle County ,airport. ~:Vatl ~@ature performances by~'the; Cliff. Tlzompaori ; can •!~e of individuals but;also the pub- collected .$37,323, • on' guest plans to contribute $116,375 m ~?~ochester Philharionic • Yedched.via a-?nail ai: •ctho??zp-' . ' lic sector ao make what. we do • spending of $933,066. • •2004, said Suzaune.5ilverfhorn, Clrchestra, the•Dallas Symphony :. saz@vaildaily,com"ox~:by.caLling ' possible," said Liana Carlson`of ....:The totbn of.Vail.contrilirited• •~ Vail. ;community 'info'rmation';:.; Orchestra and the New 'York ~ •9~9-0335 ext, 452`.:. • ` :- •• • `•' ' $1.313ILLI®N IIVIPACT ~, `,--- v,.~n ~, 3~ '_~ ~. ;;~ ~~ ~ Via, ' ~~n ;,,: "` The,local study shows how outside dollars support the arts, bttt critics say metro taxpayers bear too mach. By Aldo Svaldi Denver Post Staff Writer Metro Denver's cultural insti- tutionspumped nearly $Soo mil- lion "new" dollars into the local economy last year, a study re- leased Wednesday by the Colo- rado Business Committee for the Arts says. . Overall, organizations funded through taxpayer dollars pro- vided SL3billion ineconomic ac- tivity in zoo3 and brought in u.3 million attendees. For the first time, the CBCA study distinguished between lo- cal and outside dollars spent on the arts. It found that people out- side the metro azea who attend local cultural events and exhib- its spent g4o3 million last year; capital spending, primarily at the Denver Zoo, brought in an- other S84 million from inves- tors; and federal grants generat- ed gio million. "That is a big company," said Tom Clazk, with the Metro Den- ver Economic Development Corp., in describing the impact of the 549 million in outside money. Metro-azea taxpayers each year provide about S35 million to support more than 300 orga- nizations through the Scientific & Cultural Facilities District - and that raises the hackles of some critics. Foes of tax support for the arts say that if they represent such a strong economic engine, businesses andpatrons that ben- efit should pickup the tab. "I don't understand why we have this forcible transfer of money from the taxpayers to artists," said Beth Skinner, a se- niorfellow at the Independence Institute in Golden. The sales tax levied by the SCFD costs every resident in the district, which includes all of Denver, Broomfield, Jeffer- son and Boulder counties and pazts of Adams and Douglas counties, $i5 a~yeaz. For a financially struggling family of four, that extra $6o a year represents a much heavier burden than on wealthier resi dents more likely to avail them selves of the arts, Skinner said. "They ain't going to the op- era," she said. Figuring out the economic .payoff of cultural attractions is much more than an exercise in > See ~P.?~ cn 4C Metro Denver cultural and scientific organizations employed 9,450 people in 2003 and had payrolls of $86 million. The Denver Museum for Nature and Science, above, has 350 full- and part-time staff members and more than 1,500 volunteers. , ~, ~ z i '~n~6, ~rf~t,'~¢1 ~~ ~~ s t. t r t ..,Iw -F .'1 ~^~,~ r~f,e~{' >~. ~ _[ tl ~ ~,_ , ~~ .,,~: , _ ,~ v /` !+~ - ... ,.. . y ~.,; ~~ _ Cyrus McCrimmon I Denver Past file photo More than 2.8 million visitors from outside the metro area -1.4 million from outside Colorado -came for arts and cultural events, bringing $403 million. Denver Zoological Gardens, above, billed as the city's No. l paid cultural attraction, identifies 34 per- cent of its audience as living beyond the Front Range. ~ ~~ < More than 11 million people attended arts and cultural events in metro Denver in 2003. The Cherry Creel< Arts Festival, left, at- tracted 392,000 people and generated $1.1 million in revenue. Kathryn Scott Osler I Denver Post file photo ~~. ,- ~j ~ ~~ f ~~ a ~~ ,r F. ~ I r> ,: ,; ,~ < Cultural and scientific organizations gener- ated $84 million in economic impact through capital expenditures in 2003, including reno- vations.oradditions to existing buildings. The Denver Art Museum, left, is in the midst of building a 146,000-square-foot, $90.5 mil- lion addition scheduled to open in late 2006. Cyrus McCrimman I Denver Post file photo ~~ ®~ a.lo~ esre~ ® ~x~ SC tai ,.-=<CONTINUED FROM 1C ~~~~~~~~ ~®f1~ErL~d.l~ll®1'E inc.. ,,..fmancial fmger painting.: Arts and culture are big business in metro Denver, bringing tourists to the region, employing thousands and ;'y--,::. Measure 4B.on the Nov. a bal- contributing $14 million in taxes. The Colorado Business Committee for the Arts tracks the economic impact of lot will determine whether the cultural'and scientific organizations every two years.* SCFD's tax of i cent per $io in `~ Study of avsetro Denver cuEture ~ ~ sales should extend another 12 s years aridwhether parts of Ail- 1995 1997 ,1999 2001 2003 'ams , and' _bouglas .counties ,;,should loin the district. . Total economic activity '$520 million $646 million $843 million $1.083 billion $1.3 billion Voters...established "the dis- ,. Total payroll of organizations $51 million $63 million . $63 million $79 million $86 million , r s.,tric 1988 and reauthorized it -------•-••------------------------•--------•----•------------•--------.-...--------_..-----------•-•--------•-••-----------------••------- ----• ----------...---------------•--------------•---------•---•-• 99 a in i 4: Backers-argue that the Number or employees 4,000 4,700 7,000. 7,700 9,450 , ~, arts provide: a solid return for "Total attendance ~. 7.1 million 7.9 million 9.3 million 9 1 million 11 3 million ~ .the SCFD funding they receive. -•:---------------------------------------------=---------•--•--•------------------...----------•--=- - . . ~ "If we didn't have the SCFD, I SCFD funding distributed $23.2 million $27.1 million $33.5 million $37.2 million $35 million s don't lmow where our arts com- munity would be," said Debo- *Response rates from the organizations have varied over the years from arou nd.30 percent response in 1995 to q ° rah jordy, executive director of 94 percent response in 2003. the CBCA, a membership orga- nizatlon for businesses that Sup- Source: Colorado Business.Committee for the Arts The Denver Post a .,.port the; arts.. ' s The CBCA has issued eco- ington, D.C.. to provide a number of free ad- al facilities last year. i nomic impact:: studies since ~ "An investment in the- arts mission days because of taxpay- a SCFD organizations sup- i ~„992, using Deloitte Consulting doesn't come at the expense of er support. ported more than 9,00o jobs a "-'to crunch the numbers. economic development. It is an The report shows: paying $86 million in wages and a Denver has long offered a' T industry that is at the corner- •SCFD groups provided almost$igmillioninvarioustax- - model for government coopera- stone of tourism, supports jobs y65;ooo reduced-rate admis- es in aoo3. tion in funding the arts, said and generates government reve- sions and 5.8 million free admis- ; Randy Cohen, vice president of nues," he said. sions. Staff writer Aldo Svaldi can be research and information at jordy said museums and_oth- • The area's q.i8,ooo students reached at3o3-820-~0 or ~ Americans for the Arts inWash- er cultural attractions are able. made z.3 million visits to cultur- asvaldi@denverpost.com. ~~~s~~~ ns ~®~r ®n-one a$ ~~.c~n~~~.~~n~c~.~~~/~®l~t~cafl_s~~~~c~/~a$~w~y~ '~'fla~ websn$c ~o~$anaas a ~cafl$fln off anscffanfl n~ffo~ffia$no~n ffo~ ~a$c~ag~ c®ffiflanan~aa$~ aflccnsno~n ffiaIltea~s. lFan$an~e wcflDSn$e a¢flafln$floffis n~mcIlan¢flc ~p~offcssionafl ~a~e~s offi ecoaaoffiic aflcveIlo~~xac~a$ IlD®flncg~ a~afl $Hac ~-oflcs off flocafl go~ca~~ffiean$ fleaafle~sflnnIln, cn$fl~e~a ~a~-$gcng~a$n®~, a~~l vnsaoml ff®~an~aafla$a®~n9 l~a~dgc$, ffa~na~ace a~~ $ax s$~a$egneS9 a~aIl aa~$cu~gov¢a~n~ffien$afl a-efla$ions a~acfl g~aa~$ne~sflaaps. ~offiffie~n$s a~aIl n~naflann~ncs sflIlOanfl~l lac afln~cc$cdl $o ~e~. ~tacflc ~. Y~en~ Il~c~a~-$ffie~a$ off ]Pofli$ncafl 5cfle~ncc; ~Cc~n$~afl l~gcha~a~ 1LT~n~c~sa$y I~oun$ ~fleasa~$, I~I~ 48859 ~cIl{.S.Kua~tz(u,cgnac-n.eaflan o~ 989-974=343 s ENGINEERING DEPARTMENT (970) 328-3560 FAX: (970) 328-8789 TDD (970) 328-8797 www.eaglecounty.us October 21, 2004 ~,~,~ ~i &.~rv~.@~ HELEN MIGCHELBRINK, P.E. '',n~!! -~-yam County Engineer ' VH~'I~V ~. Attn: Referral Agent ~~~~ COUNTY Re: Eagle County Land Use Regulation Amendments Eagle County File No. LUR-0051 Dear Referral Agent: The Eagle County Engineering Department is proposing a Land Use Regulation (LUR) amendment that will endeavor to make three distinct changes to the LURs. The first is to ado t new floodplain maps of the Colorado River, Eagle River and Roaring Fork River. The second is to amend and move floodplain regulations to the zoning ordinance. The third is to clarify several elements of the drainage and grading regulations. Over the last several years, Eagle County has partnered with the Colorado Water Conservation Board and the towns to remap the floodplains of the Colorado River from the Garfield Count line to its confluence with the Eagle River, the Eagle River from the confluence with the y Colorado River to Dowd Junction, and the Roaring Fork River in Eagle County. These new maps will replace the existing maps that are 25 years old and no longer represent current conditions. Eagle County will use these maps to assist in analyzing Land Use proposals and issuing permits. The second goal of the proposed LUR change is to move the floodplain regulations from Cha VI, " 1tilatters of State Interest" to Chapter II, Article 3, "Zone Districts" and to modi the Pter regulations accordingly. This moves the floodplain re ~' the LUR, since they involve setbacks and building restrict tons.s tThe Designated Flood lace in Districts outlined in Chapter ilI will now be considered a Floodplain Overlay Zone Distri t. Floodplain Regulations in Chapter VI were difficult to interpret. The proposed chan The written to be more easily followed and enforceable. ges are In the third proposed change, there are several minor modifications to the drainage and a regulations. The proposed grading regulation will clarify some inconsistencies between the 1 g edition of the Universal Building Code to the 2003 edition of the International Buildin Co 997 g de. To save on reproduction costs, we are not attaching a copy of the proposed regulation ch with this ieferral letter. The proposed changes to the regulations are available for dowel anges viewing on the Eagle Coun website at oad or ~' www.eas?le_ c__ us/en ineerin .Upon request, we will mail a CD or paper copy of the regulations free of charge. Please call the Department at (970) 325-3560 to request a copy. Engineering Eagle Counq Building, 500 Broadway, P.O. Box 850, Eagle, Colorado 81631-0850 r~~ f .. ~i 'i LUR-0051 October 21; ~~2004 Page 2 of 3 Also, Eagle County will be hosting an Open House to present the proposed new maps to the public and answer any questions regazding the proposed changes. The Open House will be: Public Open House Thursday, November 18, 2004, from 4 pm to 7 pm Garden Level Classroom Eagle County Building. 500 Broadway Eagle, CO 81631 The Public Hearings are currently scheduled to be: Eagle County Planning Commission Wednesday, December 1, 2004, at 3:00 pm Eagle County Room Eagle County Building 500 Broadway Eagle, CO 81631 Roaring Fork Planning Commission Thursday, December 2, 2004, at 2:30 pm El Jebel Community Center 0020 Eagle County Road El Jebel, CO 81623 Boazd of County Commissioners Tuesday, December .14, 2004, Time to be Announced Eagle County Room Eagle County Building 500 Broadway Eagle, CO 81631 The hearing dates and times may change. Please call the Planning Commission Agenda Line at 970-328-8754 or the Board of County Commissioners Agenda Line at 970-328-8331 prior to the hearings to ensure that the hearing date or time has not changed. a' LUR-0051 ®ctober 21, 2004 Page 3 of 3 Please submit your comments by November 19, 2004 so that I can include them in the Planning Commission staff reports. Please do not hesitate to call me at (970) 328-3560 or email me at Justin.hildreth~eaglecounty.us with any questions or comments you may have regarding the proposed changes. Sincerely, E GLE COUNTY ENGINEERING DEPARTMENT .U J stin Hildreth, P Floodplain Administrator xc: Helen Migchelbrink, County Engineer Keith Montag, Director of Community Development Bob Narracci, Planning Manager Chrono/File I~1~' l~l ®I~~1UI~ October.27, 2004 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: September Sales Tax On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $26,000.00 in September sales tax to bring September collections to $753,721.00. If so, we will be up 10.97% or $74,513.00 from September 2003 and up 9.86% or $67,673.00 from budget. Attached please find two worksheets that report on the conference center tax collection. onth 993 994 995 998 ~ ! ~ 1997 998 Town of Vail Sales Tax Worksheet 10/26104 1999 2000 2001 002 003 udget 004 Collections udget Variance Change from 2003 Change /rom Budget January 1,855,364 1,805,707 1,894,597 1,935,782 2;052,569 2,115,359 2,066,459 2,034,529 2,210,547 2,073,481 1,997,091 2,017,203 2,225,017 207,814 11.41% 10.30% February 1,828,766 1,814,495 1,816,107 1,993,389 i 2;089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,132,423 2,362,000 229,577 11.88% 10.77% March 1,988,090 2,250,656 2,139,298 2,240,865 2;580,992 2,368,077 2,415,202 2,545,573 2,568,871 2,699,664 2,372,942 2,396,839 2,343,267 (53,572) -1.25% -2.24% April 864,303 794,668 791,092 966,993 ,874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 880,244 991,717 111,473 13.80% 12.66% May 257,248 287,315 324,681 318,920 I 329,783 382,718 370,864 388,121 448,234 414,248 428,919 433,238 410,126 (23,112) -4.38% -5.33% June ' 4.75,161 548,820 590,685 594,907 ~'~630,366 633,400 692,811 721,774 751,439 657,707 742,755 750,235 731,808 (18,427) -1.47% -2.46% July 811,538 892,830 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,086;363 1,126,021 39,658 4.69% 3.65% August 825,954 891,566 867,125 990,650 11073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 1,039,813 989,395 (50,418) -3.89% -4.85% September 560,535 725,205 645,902 630,453 i 637,831 735,608 806,600 817,313 747,766 713,574 679,208 686,048 727,721 41,673 7.14% 6.07% Total 5,4i~(~,~i5<) 1i~,U11,2~~2 I 9,~)iiZ,970 10,635,676 11,312,70811,787,425 11,507,15211,931,737 12,418,751 11,840,666 11,308,524 11,422,406 11,907,072 484,666 5.29% 4.24% October 400,525 408,405 461,791 413,573 X472,836 515,531 536,204 547,201 486,570 484,425 508,092 513,209 November 553,681 594,491 611,147 601,208 1707,166 656,596 582,260 691,445 571,783 642,293 591,269 597,223 December 1,974,553 1,992,855 1,994,540 2,068,851 i 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171,098 2,192,962 Total 12,395,718 13,007,013 13,030,448 13,719,308 14;747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 14,725,800 l nth ~ow~a of i/aii ~o~v~erence ~e~ater i_odging ~°ax (~.5%)lillorksheet 1 o~2sio~ Change 2004 Budget from 2003 Budget Collections Variance 2003 - % Change from Budget January 258,035 263,236 304,069 40,833 17.84% 15.51 February 314,645 320,987 354,088 33,101 12.54% 10.31% ~Aarch 342,984 349,897 332,935 (16,962) -2.93% -4.85% April 64,246 65,541 87,119 21,578 35.60% 32.92% AAay 15,964 16,286 17,999 1,713 12.75% 10.52% June 54,153 55,244 56,634 1,390 4.58% 2.52% July 84,422 86,124 94,582 8,458 12.03% 9.82% August 81,820 83,469 82,860 (609) 1.27% -0.73% September 42,569 43,427 48,549 5,122 14.05% 11.79% Total 1;258,838 1,284,211 1,378,835 94,624 9.53% 7.37% October 25,131 25,638 November 29,089 29,675 December 260,232 265,476 Total 1,573,290 1,605,000 `. onth Town of Vail Conference Center. Retail Tax (.5%) Worksheet 10/26/04 Change 2004 Budget from 2003 Budget Collections Variance 2003 Change from Budget January 233,274 227,706 266,964 39,258 14.44% 17.24% February 250,236 244,263 283,431 39,168 13.27% 16.04% March 283,013 276,258 284,498 8,240 052% 2.98% April 99,694 97,315 115,591 18,276 15.95% 18.78% May 46,376 45,269 45,993 724 -0.83% 1.60% June 83,981 81,977 83,885 1,908 -0.11 % 2.33% July 122,562 119,637 129,966 10,329 6.04% 8.63% August 119,843 116,983 114,297 (2,686) -4.63% -2.30% September 78,107 76,243 84,810 8,567 8.58% 11.24% Total 1,317,086 1,285,651 1,409,435 123,784 7.01% 9.63% October 57,330 55,962 November 67,602 65,987 December 253,449 247,400 Total 1,695,467 1,655,000 ~~• ~ r, °' ~ a .. r.. ~ ILLUSTRATION FOR TIME BY GUY BILLOUT -qua,: 6~ed. CB,u, wee ~ \,~72 TIME, OCTOBER 18, 2004 ~d'i91~~~'~~S4ti~1~l~~si~~„~t~b'~~}~3~al~iiC~~a~'~~ESi~°'~'1~4~~E;3m~i~~~~~3 ~~SCv~£~~~~,9as~~~ @'~f~z ~dN~7~~i'~~~~9 ~362~5~~~ ' ~l189&i~'c~~~i3~1~~~~i~t14~~pYl~~l~p7~O~~~9~S~E~~~~S~G8~ ~~1~~~~~~8~~3~~ ~3~~ . ~~~~~b~~S~~~f~~~~~ ~ ~ • . `- . s BY LEV GRO SSMAN ,~ ~ rolled i , nto Spokane, Wa sh., ar ou nd 6 p.n ` ~ on a T ues day. Spokan e is o ne of thou J~ ' ' sleepy cit ies bursting with sm all -tow ~ ` ^ ~ ~~` -~ pride.- its residents wi ll be gl ad to it .~_ ~_ form you , for examp le, th a t it 's th ~ :~ ~./ i `~ ~ s ~ ~ ~p TIME, OCTOBER 18, 2004 W3 `' ~~~ _ rz~ ~ Wireless Society a 100 city blocks. The same way some li- braries and coffeehouses. offer wireless Internet access, all of downtown Spokane is a wireless surfing zone. If I'd had a lap- top with a wi-fi card, or even aWeb- enabled PDA or cell phone, I could have surfed the Web right from that park bench for free. Sadly, I didn't. That would have shown up those dirt-bike punks. Spokane is by no means the only proj- ect of its kind. It's easy to imagine that by the end of the decade most U. S. cities will exist beneath an invisible dome of wi-fi- "city clouds," in the jargon of the industry. Rio Rancho, N.M., has one, though riot on the scale of Spokane's; ditto for Crand Haven, Mich. (see sidebar), as well as Lafayette, Louis and Cerritos in Califor- nia. And bigger players are moving in all the time. Cook County, Ill., is planning a massive 940-sq.-mi. cloud that would light up all of Chi- • • cago. Philadelphia ° ° °- announced a hu- ~°° ' •a o.o mongous hot zone - ° - of its own in Sep- . ... . tember. Los Angeles ° _ and New York City ° , , are soliciting bids from wireless con- tractors. This stuff is just too cheap ~ - ~ and too useful not ~ to have. It doesn't even stop at the city limits. Out in the sticks, where there are no skyscrapers to get in the way of a wi-fi signal, wireless is even bigger. There's a hot spot in rural Walla Walla County, Wash., that runs 3,700 sq. mi. I was in Spokane to meet the people behind its audacious experiment, princi- pally agcy named Don Stalter, cEO of Vivato, the high-tech start-up that supplies the technology to make it possible. Stalter didn't found the company; it began with a Hewlett-Packard engineer named Skip Crilly, who lived in the hills outside Spokane and couldn't get anybody to run a high-speed line to his house. Like any good engineer, he thought outside the box: maybe he could get the speed without the wiring. The standard wireless Internet technology, wi-fi, was cheap and fast, but it worked only at a range of about 300 ft. What if there was a way to boost that range? In 1999, Crilly, working with another HP engineer named Bob Conley, figured out a way to run a regular wi-fi signal through aphased-array antenna, a power- ful piece of hardware that's used mostly by the military. Suddenly, they had a wi-fi hot spot a couple of miles wide. The world had never seen that before. If a regular wi-fi ~~~~: /f~ .~ transmitter was a candle, this thing was a baseball-stadium spotlight. They called it, for reasons best known to themselves, Little joe. All they had to do was figure out what to do with it. Hewlett-Packard wasn't inter- ested in the project, so Crilly and Conley went out and started their own company. They raised around $65 million in venture capital, most of which they burned through pretty quickly. They sold a few hundred Little Joes, but not nearly as many as they needed to sell.'Stalter came on board in October of last year. Afast-talldng veteran of the high-tech scene, he specializes in taking over companies that have lost their way. Stalter's job: to figure out what Crilly and Conley's wi-fi spotlight was good for and who would pay good money for it. The answer came from an unexpected direction. Every year Spokane plays host to Hoopfest, the world's largest three- on-three basketball tournament-another source of local pride. Hoopfest involves some 6,000 three-person teams from all over the world playing 25,000 games around 'the city. Scoring and scheduling are a nightmare of confused people scurry- ingabout, carrying little slips of paper with numbers on them-exactly the ,kind of .a problem technol- ogy is supposed • to eliminate. So somebody had the bright idea of • sticking one of Vivato's prototype wi=fi transmitters on top of Spokane city hall and flooding a few blocks of downtown with wi-fi, thus allowing all the scoring to be done online. The setup was about as ugly apiece of ferry-built hackery as you're ever likely to see-the workers ended up bolting one of Vivato's phased-array anten- nasonto an extra Hoopfest backboard-but it worked perfectly. Downtown Spokane was suddenly blessed with wireless good- ness, and the tournament went off without a hitch, all those pesky little slips of paper having been replaced by sleek wireless PDAS. And then everyone promptly forgot about the whole thing. Well, almost everyone. It was'the city's computer gnomes who first noticed that people were still using that Vivato antenna. Because the city never turned it off, it was still up there, pumping out free wireless Internet, and people were logging on. "All the time we're watching, there were always TIME,~OCTOBER 18, 2004 W7 ~' r~ .:.. ~ :. _ V~oreless S®ciety - .. ; r ,:., u. 10 to 15 people on the network;' says actually large, featureless beige-and-gray HotZone to run the suspect's plates and Garvin Brakel, director of management nubbins that sit unassumingly next to AC download arrest warrants, criminal rec- information services for the city of units on rooftops. It's almost impossible to ords and affidavits to her squad car. That Spokane. " It was unadvertised, unknown, pick them out of the skyline, though there isn't unique. A lot of police departments but people were finding it regardless:' are six of them in downtown Spokane, have wireless networks, but. they tend to That started those computer gnomes along with 12 srrialler "bridge routers" that be slow and poky. Slow and poky doesn't thinking. City employees-police, fire help fill in shadows cast by buildings. Jim cut it in the field. "Before the light fighters, meter cops and others-tend to West, Spokane's mayor, likes to point out changes, 'I can come up with his driving roam around a lot. They need information, that a few years ago, perennial rival record;' Robertson says. "I do that all the but they can't be bogged down with wires Tacoma dubbed itself America's No. 1 time:' The HotZone gives Robertson so and cables. Maybe a huge zone of wireless Wired City. What do you think of your fan- much bandwidth, she can even download Internet access could be part of the city's cy wires now, Tacoma?, full-color mug shots in seconds. infrastructure ... Half the sugges- Meanwhile, alocal commercial lsP tions the city people called 180 Networks had been studying came up with were ways that urban wi-fi could attract more news to Vivato. "They people to Spokane's downtown area, which ~ W, • • sat down and said, `You was in need of a little revitalizing. As ~ . ~ ~ ~ ~ know what we're using Starbucks has learned, people tend to hang ' ~ ~ ~ this for?"' Stalter said. out more if there's free Internet access to be ' "They're listing the ap- had. They check their a-mail. They linger. • ~ ~ ~ ~ ~ ~ plications. We had no And while they're lingering, they spend s idea. We don't know money. Light bulbs started appearing over what the meter maid does all day:' Now fire ~_; ~ ~``=~. ` ~ ~ _ _ fighters can download ` ,. ~`~ .- ,. ~ _ the floor plans of burn- , _ _ ~ ~ _. ~ ing buildings while • , , . , they're on the way to .F_~_~ ~ ~ the scene, right down ~ ~ ~ to the room where the i . ~ ~ ~ ~ oily rags are stored.. In ? the next few months the city is planning to ~~ ~. ~ ~„ ~ _ give fire fighters clip- " ~~ <:~ `~r~~ ~, -~ ~ y -,~ ~ ~. ~ -'~ y ~, ~ "` " ~ on webcams that can ~ _ ~ ~ ~ ~ f ~ , n ~ ~ t .=_ ~ ~. ~ ' `r'~ "' sx, stream video back to the fire truck from inside a t werin i f ~ t .. ` a ` ~ ~ ~~~ '` ` o n er- "I f d h fi h i d h s Ji % n. ~~ - _ , ,( ~ no. ( nstea t o e re ose ous ng t e ~, ~ j building with water, you're dousing it with :, ~ ~ ~ 1 ' ;• s"'~ ;` ,,':_ 10 megabit!" exults Stalter, sounding like ~ i«, :~~ } he's running for office.) '_' ~ ~'-''~ ~ ~ Next come the parking meters. Soon, a ~ ' t ~ "`~~ ~~~ `~ ~ parking attendant who writes you a ticket in _ ~ ~ - '-° ~ y - `~ ,, . ~ Spokane will also be able to run your plates ' ~ to see whether your car is hot. And when ~= ` r Y "} your time runs out, the fancy wi-fi-enabled ' ` parking meters will be smart enough to page people's heads all over town. Why not make We tend to think of information as a a meter cop, so you will get all the parking downtown one big wireless zone? The city liquid; we talk about how it flows through tickets you deserve. Who knows, one day geeks, the Vivato geeks, the 180 Networks conduits-wires and cables-or gathers in the meter could also be programmed to geeks and a local business group called the pools in hard drives. But wi-fi turns infor- page your house to warn you that you're Downtown Spokane Partnership got to- mation into an all-encompassing vapor about to get aticket-or to let your spouse gether and created the Spokane HotZone. that seeps into places it has never been be- know that you're parked ' in front of the In telling this story, Stalter likes to fore, and it has added an extra dimension movie theater on Thursday afternoon when punch up his patter with wireless-industry to sleepy old Spokane. Elise Robertson is a you're supposed to be at work. slang. When he talks about bringing wi-fi IO-year veteran of the city's police force. That kind of stuff makes you realize to an area, he says he's going to "paint it!" Her squad car has afull-fledged wireless that life in the wireless city of the future or "light it up!" But the reality isn't that PC in it-the guts of it are in her glove com- isn't necessarily unmitigated bliss. Infor- dramatic. Though they sound like asec- partment-with atouch-screen monitor mation is a two-edged sword: it can em- ondary weapons system from the starship stuck on her dashboard. If she sees a suspi- power you, but it can also mess with your Enterprise, the phased-array antennas are cious car at a stoplight, she can use the privacy. And there's such a thing as too W8 TIME, OCTOBER 18, 2004 ~, _ '`~ ~~~-~ Wireless Society .,~. ~ °F ~: - ~~ - ~~$ ,$. ~ ~ ~- a , .~~ -~ r `-~ -~ _€ a ,Fr ~ ~ kH ~~ ~ ~ ~ ~~ $~„~ +~ ~~~~ `-•--s. :'-_ clan ~ i c ~ ~ ,~ ~ ~ ~~ s ~~- ~ _i ~ ~ f'ta Vefl'~eb ,¢t SI~J~1 c'I ~ '~~!~ ~.cr ~ n~Gets~~rks +'~j~ ~,~il~~c v~h~le cruisih~ c'~f - -Cake f~lichi;an ~~< gam. _ _.~,- •,. _ ~ _~ ,.~~_. _ ~ e N ~9., .~ ~~ ';~, F,,.;~. ~ ~ .. ;._,_1 _.u_.,,~ ~~ '. J i much info. Stick a wi-fi-enabled camera on a streetlamp, stick a solar panel on the cam- era for power, and suddenly you have'got ,~ cheap, instant 24-hr. streaming-video sur- -~ veillance. "How many cities wouldn't want that?" Stalter asks rhetorically. "So Blade 5 Runner is happening:' (I think he means 1984, but same difference.) But hang on a minute. How are com- panies like Vivato going to make money by giving away all this access for free? Vivato's technology appealed to Spokane not only because it's hugely powerful but also be- causeit's absurdly inexpensive. You can get "~ a Vivato transmitter for under $10,000, plus maintenance and bandwidth costs. "It's something like the Internet in the mid-'90s;' Stalter says. "Remember when everything was free? You put it in, then you ask yourself how you're going to make money:' His idea is eventually to flip Spo- kane's HotZone to a pay service. He will enlist local businesses to sell prepaid Internet-access cards to people wandering through the HotZone. But Stalter might also recall how scores of well-intentioned ~ ~' ~ r ~- :7„ ~ ! ~ ~ + i :{1~;. - ~~ /;r 1 ,~ ~^~ . ~- dotcoms went bust in the late 1990s when they tried to get consumers to pay for what they were used to getting for free: Not every city cloud passes the cost along to the consumer. In Austin, Texas, lo- cal businesses maintain 84 free wi-fi hot spots networked together, and the compa- nies split the cost between them; in theory, they make the money back by attracting bandwidth-hungry customers. "I like the idea of the technology;' Richard Mackinnon, president of the Austin Wireless City Proj- ect, says of Spokane's HotZone. "The prob- lem is more with the finances behind it. When you have the Zone, you're reduced to a single player: one big person has to pay for everything. That person is going to be tempted to recoup the costs:' Free wi-fi en- thusiastshave acertain zealotry about them, not unlike vegans and Naderites, but in this case you can kind of see their point. "There will always be free wi-fi, and there will always be paid wi-fi;' Mackinnon says. "Pay is going to put it out there that free is less secure or less bandwidth, but hopefully there are always going to be people who realize that's b.s:' If free and pay wi-fi go head to head in Spokane, it's easy to imagine people voting with their pocketbooks. Will people actually pay for wi-fi? Can Vivato pull moriey out of thin air? Maybe not with prepaid cards, but, as Stalter says, the technology is way ahead of the applications, and over time alternative revenue sources are going to come crawling out of the wood- work. lthought of one myself, when I got back from Spokane. Parking in my neigh- borhood in Brooklyn, N.Y., is so tight, it took 45 minutes of circling the block before I found a space. I spent that time doing a thought experiment: What if Vivato lit up my neighborhood with wi-fi? Then you could have curbside sensors that page your car the instant a spot opens up ... maybe a heads-up display on the windshield, show- ing amap of where the perfect spot is. I ran this idea past the folks at Vivato. They love it. But won't everybody converge on the same prime spot as soon as it frees up? Not if you fork over extra to get notified, say, 30 seconds earlier. "You pay a premium for that!" says Kevin Ryan, Vivato's V.P. of marketing and business development, his eyes gleaming with invisible wi-fi light. "You're the platinum customer!" There you have it. The future of free urban wi-fi looks bright. It just might cost a little more than we thought. _ 0 W12 TIME, OCTOBER 18, 2004 .~. . Town Council Town of Vail 75 South Frontage Road Vail, CO 81657 Re: L)E'1cT~1~ ><N S1LT~P®171' ®1F AIPPEAg, '><'® T®W1~1 C®~JIV~C><L Appeal of Conditional Use Permit granted for Outdoor Deck Vista Bahn Building/333 Hanson Ranch Road granted to Remonov & Company, Inc. To the Town Council for the Town of Vail: I am a prior owner of Units 202 and 204 in the Bridge Street Lodge Condominiums and my ownership began in 1989. I was on the Board of the Bridge Street Lodge Residential Owners Association (the "Association") during the entire period of my ownership and was President of the Board until my sale of the property due to my need for additional square footage. I currently own property located at 303 Gore Creek Drive, Unit 7 in the City of Vail and have a vested interest in the community. This letter is in support of the appeal by the Association of the Conditional Use Permit granted to Remonov & Company, Inc. for the expansion of the outdoor deck on the second floor at the Vista Bahn Building and in connection with the Tap Room. The condominium units that I owned, Units 202 and 204, are contiguous to the Tap Room. When the Tap Room moved into the Vista Bahn Building and began conducting business approximately three years ago, the enjoyment of my residential units became almost impossible. Due to the excessive noise from the Tap Room, my family and guests had to sleep with earplugs and keep the windows closed in order to sleep. Keeping our windows closed during the summer made the temperature of the condominium intolerable and we had to sleep with earplugs and fans directed at the beds. The excessive noise was generated by customers of the Tap Room who consistently used the existing deck until the business closed at 2:00 a.m. An expansion of this deck would only exacerbate this problem especially if any use of the deck whatsoever is allowed into the late hours of the evening. In addition, the amplified bass from the Tap Room's sound system was audible in the condominium units. The police were called over 50 times to log noise complaints. After visits from the police and warnings give to the Tap Room, no change in the noise issues occurred. It is my information that the police department's sound meter is not capable of measuring the amplified bass and, therefore, tickets for noise violations were not issued for the majority of the complaints that were logged. I offer this history in support of the Association's position that the expansion of the outdoor patio will serve to continue, and likely increase, the excessive noise. If the Conditional Use Permit is sustained, I believe that more stringent conditions are necessary to solve the noise issues. My understanding is that one of the conditions placed on the Conditional Use Permit is that the use of the outdoor dining deck shall begin no earlier than 7:00 a.m. and end no later than 10:00 p.m. daily. Although I agree with a time restriction, I do not think the condition in place is specific enough to solve the noise problem. Based on my experience as a long time owner of a unit in the Bridge Street Lodge, I believe the condition ' 'Ya must be clarified to require that absolutely no person shall be permitted to use the outdoor deck, for any reason whatsoever, beyond sunset or 10:00 p.m., whichever time is later. I also believe that there should be a condition that all south facing doors and windows of the Tap Room shall be required to be closed. Since the Tap Room's entire facility is air-conditioned, this condition is reasonable. If you should have any questions or need more information, please do not hesitate to contact me at 248-647-2600. Ve ly yo rs, onald L. Hu es g