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HomeMy WebLinkAbout2004-12-21 Support Documentation Town Council Evening Session EVENING SESSION ,AGENDA VAIL T01/!IN COUNCIL CHAMBERS 75 S. Frontage Road Ntl. Vail, CO 81657 6:00 P.M., TUESDAY, DECEMBER 21, 2004 NOTE: Times ofi items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. Sybill Navas ITEM/TOPIC: Youth Ambassador Introduction. (5 min.) Scott O'Connell _ - Natalie Thoburne, Benalla Shire Geoff Ham, Mansfield Shire Christina Harrison, Battle Mountain High School. Kyle Moore, Battle Mountain High School 3. Dwight Henninger ITEM/TOPIC: Police Department Recognition of Code Enforcement Officer Moses Gonzales for outstanding/meritorious service to the Town of Vail and Eagle County. (5 min.) 4. Lorelei Donaldson ITEM/TOPIC: Vail Local Marketing District Advisory Committee (VLMDAC) Appointments. (30 min.) ACTION REQUESTED OF COUNCIL: Appoint five applicants to the VLMDAC for a term of two years each (through December, 2006). Please note that the fifth vacancy is a committee seat held by a member of Vail Resorts, Inc. (VRI). Currently, this appointment is held by Ian Arthur, representing VRI. Bill Jensen of VRI, was contacted and he confirmed that Ian Arthur will continue to represent VRI on the VLMDAC. BACKGROUND RATIONALE: There are currently four vacancies (plus the VRI vacancy) on the VLMDAC. The Town received seven (7) applications for the vacancies. Four applicants are incumbent members of the VLMDAC (noted by asterisks below). The Council needs to interview each applicant at the work session and then appoint five applicants to the Vail Local Marketing District Advisory Council at the evening meeting. The applicants are as follows: - Todd Gerhke - J. Scott Gubrud - Robert Llewellyn - Rick Scalpello - Beth Slifer* - Pamela Stenmark* - Christine Werner* - Ian Arthur, VRI representative (no letter attached) I have also enclosed an attendance summary for the VLMDAC for your review. *'s Denotes Board Members who would like to be re-appointed. RECOMMENDATION: Appoint a total of five members to the VMLDAC including Ian Arthur, representing VRI for two year terms each. 5. ITEM/TOPIC: Consent Agenda. Approval of minutes from 11.02.04 and 11.16.04. (5 min.) 6. Brett Lloyd ITEM/TOPIC: Seibert Circle Redesign process. (30 min.) Streetscape Committee Public Works Admin. ACTION REQUESTED OF COUNCIL: Direct the design team to proceed with a design for Seibert Circle. Review design themes and advise and approve a direction. Review and approve a plan for community input. Review and approve a schedule. Set budget for the project. BACFEGROUND RATIONALE: The Art in Public Places board has recommended Seibert Circle is redesigned in conjunction with the streetscape improvements on Bridge Street and Hanson Ranch Road. By continuing the cobble paving on Bridge Street into the plaza, Seibert Circle will appear more fully integrated into the new village design. A new design for Seibert Circle should include a central feature that will have appeal throughout each season of the year and could, include light, water, ice, fire, seating and green space. Seibert Circle would continue to function as a gathering place. A preliminary budget for the project has been developed and Vail Resorts has tentatively pledged $500,000 to assist with the cost of a new public art feature. ~ RECOMMENDATION: .~ AIPP has made the further recommendation the existing sculpture is relocated to a park-like setting. 7. Carl Walker ITEM/TOPIC: Vail Memorial Park. (15 min.) Merv Lapin BACKGROUND RATIONALE: In 2003, Council granted a $50,000 loan to cover start up costs including design and construction of the Vail Memorial Park. The board of directors for the park is now in a position to start re- payment of that loan; however, they have submitted an alternative proposal for Council's consideration. If the Council would be so inclined, the board would gratefully accept the contribution of that original amount, entitling the town to become a "benefactor" of the Memorial Park. STAFF RECOMMENDATION: In that the town has already contributed the land at no cost to the Vail Memorial Park, the staff requests the loan of $50,000 be repaid to the town and the Vail Memorial Park Board of Directors include the Town of Vail as a benefactor. 8. Russ Forrest ITEM/TOPIC: ITEM/TOPIC: Request to. purchase Tap Fees for Mike Winters Conference Center in 2004. (30 min.) Curt Fentress ACTION REQUESTED OF COUNCIL: Consider a recommendation from. the Committee to purchase water and sewer taps for the Charter Bus Lot site prior to December 31, 2004. After this date water and sewer tap fees will increase significantly. These tap fees are transferable or can stay with the land if the Conference Center is not built. Recommendation: The Conference Center Advisory Committee is recommending the Town of Vail spend not more than $1.2M out of the Conference Center budget for the purchase of the water and sewer taps for the conference center project. The actual amount spent could be less. 9. Matt Mire ITEM/TOPIC: First Reading of Ordinance No. #23, Series 2004. An ordinance amending the Vail Town Code regarding the jurisdiction of the Town of Vail Municipal Court and setting forth details in regard thereto. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance No. #23, Series 2004, on first reading. BACKGROUND RATIONALE: A recently decided Colorado Supreme Court case (Town of Frisco v. Baum, 90 P. 3d 845 (Colo. 2004), appears to have expanded the jurisdiction. of the municipal court in certain home rule municipalities that have adopted charter language granting themselves "exclusive and original" jurisdiction. More specifically, the Supreme Court's decision upheld the ruling of the District Court, that it lacked jurisdiction over a C.R.C.P. Rule 106 appeal of a zoning decision and that such cases are the jurisdiction of the municipal court. Since the Town of Vail has also adopted such charter language and since our belief is that the municipal court is NOT the proper venue for these matters, Ordinance 23, 2004, operates to limit the jurisdiction of the Town of Vail Municipal-Court to handling criminal matters. STAFF RECOMMENDATION: Approve Ordinance No. #23, Series 2004, on First reading. 10. ,Matt Mire ITEM/TOPIC: Second Reading of Ordinance No. #32, Series of 2004. An ordinance vacating a certain part of the system of public ways of the Town of Vail, Colorado, i.e., that public right-of-way constituting those portions of Red Sandstone Road contiguous to either Tract A or Tract B, .South Frontage Road Subdivision. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Ordinance #32, Series of 2004. BACKGROUND RATIONALE: The Town Council and the Director of Public Works, have found and determined .that .the public use, .convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road that is contiguous to either of Tracts A and B, South Frontage Road Subdivision, and-that intersects with South Frontage Road on the south and I-70 right-of-way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc., and Vail Reinvestment Authority dated November 8, 2004 STAFF RECOMMENDATION: Approve Ordinance No. #32. 11. ITEM/TOPIC: Town Managers Report. (10 min.) 12. ITEM/TOPIC: Adjournment. (8:30) NOTE UPCOMING MEETING START 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, JANUARY 4, 2005, 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 B `~ OF V a 75 South Frontage Road Department of Police Vail, Colorado 81657 970-479-2200 Fax 970-479-2216 November 8th, 2004 Ref; Recognition of Moses Gonzales for the 2004 Eagle County Food Drive Dear Moses and Chief Henninger, For the past two months Moses has been coordinating the efforts for the 2004 Food Drive. He truly has gone above and beyond this year, eclipsing last year's record by over 13,000 pounds of food. The collected total so far is 37,000 pounds. Moses is still receiving checks from members of the public towards this great cause. Additionally this month alone, Moses worked 80 hours of his own time towards the collection, and organizing of this Food Drive. Tomorrow Moses and I will attend Battle Mountain High School to collect a substantial amount of food collected by the students. It is rare that we can interact with so many Eagle County residents from all walks of life in such a positive way. We as a department have been recognized in a very positive light, by all of Moses hard work. Therefore I believe it is only fair and fitting that Moses be recognized in a more formal way through a Commendation in the form of a Bronze Wreath of Meritorious Service. Thank you Moses for all your hard work. You truly have met all of our department's values in. this endeavor to our community. Sincerely, , ~~ , ,~' - Sgt Mark Allen Vail Police Department. 970-479-2222 ' c1` ~ ~~ ~ ~,:~ ,~~` P ~ `y - P a RECYCLED PAYER a Mail Town Council Evening Meeting Minutes Tuesday, ~lovember 2, 2004 6:00 P.M. flail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor 12od Slifer. Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan, . Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer; Mayor Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. There was no citizen input. The second item on the agenda was Streetscape Update. During an update on the Village streetscape projects, Public Works Director Greg Hall announced paver work would be completed by the end of that week and corrective paver work on lower Bridge Street would begin the next week. Hall noted the majority of all paver work would be completed by the end of the next week. Hall then announced Mill Creek flow and the majority of Meadow Drive storm sewer improvements would be completed that week, with shallow utilities being completed early the next week. Hall ended by stating work begins on prepping Meadow Drive for paving the week of Nov. 15, and siding was being placed on the bow and stern of the ship at Pirate Ship Park. Donovan expressed concern regarding the placement of a streetlight on Bridge Street. Slifer inquired about some of the art sculptures in Earl Eaton Plaza. The third item on the agenda was the Consent Agenda. Council unanimously approved the evening minutes from Oct. 6 and Oct. 19 with minor amendments. Donovan requested statements be amended on items five and seven of the Oct. 5 minutes, and item six of the Oct. 19 minutes. Moffet moved, with Cleveland seconding. The fourth item on the agenda was a Conference Center Update. Council voted 5-2, (Donovan .and Hitt opposed), to narrow a list of qualified general contractors for construction of the Vail conference center and to issue a request for proposal to the three remaining firms. Also, the Council asked for an independent review of the financial data provided by the team of J.L. Viele and Shaw Construction. This team did not make the final cut. Moffet moved with Logan seconding. The list of contractors who were asked to submit proposals include the following: Hansel Phelps Construction, Hunt Construction Group/Hyder Construction, and M.A. Mortenson Company. The owner's representative for the project, Chris Squadra of Architectural Resource Consultants (ARC), explained the recommendation of the three companies was based on a predetermined ranking schedule using nationally recognized standards. Jim and David Viele, representing Viele Construction, expressed concern over-the financial ranking process utilized by ARC. Scott Proper, Conference Center Oversight Committee member, also expressed concern over the ethics of the. financial analysis. The fifth item on the agenda was Ice Dome Bids. After discussion of various placement and usage options, Council unanimously approved, 7-0, storage of the Ice Dome for an additional year, while authorizing Town Manager Stan Zemler to explore the value of the individual components of the Ice Dome structure (refrigeration system, dasher boards, fabric structure) for future sale. Moffet moved and Cleveland seconded the motion. The decision followed an attempt by the town to solicit sealed bids for the facility, .which resulted in two proposals. Both offers were well below the $375,000 value established by the town. Zemler previously asked Council if there was a general opinion regarding placement of the bubble in Eagle-Vail under the auspices of an intergovernmental agreement. A consensus was not developed. Assistant Town Manager Pam Brandmeyer presented options regarding the use/storage/sale of the Ice Dome including: store the structure for an additional year; re-advertise; defer any action until the Vail Recreation District (VRD) election; consider Western Eagle County Metropolitan Recreation District (WECMRD) bid for one dollar; or consider Valley Wide Ice Users Alliance (VWIUA) bid for $75,000. Brandmeyer concluded by stating she had spoken with a consultant regarding the structure and was informed maximum return would potentially be achieved by separating the structural components for sale individually. Hall stated the structure could sti11 be erected in the 2004 year; however, seasonal weather would make it very difficult and subsequently cost prohibitive. The sixth item on the agenda was an appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the Town of Vail PEC's approval of a .conditional use permit application, pursuant to Section 12-76-4B, 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 15t Filing. At the request of the appellant, Council unanimously approved, 7-0, to table the item until Nova 16. Moffet moved and Cleveland seconded the motion. - The seventh item on the agenda was the First Reading of Ordinance No. #25, Series of 2004, 2005 Budget Ordinance. In preparation for adoption of the 2005 Town of Vail budget, Finance Director Judy Camp presented five-year projections for the General Fund, Capital Projects Fund, and Real Estate Transfer Tax (RETT) Fund. The projections reflected healthy balances in the General and RETT Funds, but a deficit potentially occurring in 2006 for Capital Projects. Camp then presented two potential scenarios to address the 2006 Capital Projects deficit: Option A proposed using RETT dollars for the following recreational facilities: - Reimbursing the Capital Projects Fund for previously-incurred capital costs of the ice dome. - 2004 capital costs for the Red Sandstone Multi-Purpose Recreational Facility. - 2004 and future capital costs for the Dobson Ice Arena. - Future year capital costs for Americans with Disabilities Act (ADA) compliance for facilities operated by the Vail Recreation District. The total transfer under option A was $1,755,205, which allowed for full funding of all projects included in the Capital Project Fund projection through 2007, with a .shortfall in 2008 but a return to a positive balance in 2009. Option B involved transferring reserves from the General Fund to the Capital Projects Fund. Council had established a guideline for the General Fund balance to be a minimum of 35% of revenue during the five-year planning horizon. A transfer of $1,150,000 in 2004 would reduce the General Fund balance from 41 % of revenue in 2004 to the 35% minimum in 2009. This option provides full funding of all projects included in the Capital Projects Fund projection through 2006. Council voted 5-2 (Donovan and Hitt opposed) to direct staff to develop a final budget including both options. Moffet moved and Ruotolo seconded the motion. Donovan and Hitt questioned the use of RETT funds for ancillary recreational purposes. Town Attorney Matt Mire agreed to seek a second opinion on the appropriate use of RETT funds. Staff was also asked to return with a funding proposal for "Vail America Days" and "Holidays in Vail." In reviewing the proposed Conference Center Fund budget, Logan pointed out project design and consulting costs included in the 2004 and 2005 budgets would be reimbursed from bond proceeds when bonds are issued. Camp confirmed the budget proposal before Council is for the purpose of appropriating only those costs that will be incurred to reach a go/no go decision on construction and financing of the conference center. In response to a comment from Donovan, Logan confirmed there will likely be annual deficits from the operations of the conference center, which is one of the risks of such a project. Moffet recommended the town reinstitute funding fora "Tipsy Taxi" service, as he believed the .08 blood alcohol driving restriction has impacted the volume of down .valley citizens enjoying Vail's night life. The eighth item on the agenda was the 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. Council unanimously approved, 7-0, an ordinance temporarily allowing "temporary business offices" on the first floor of LionsHead Mixed Use 1 zone district for three years. Cleveland moved and Moffet seconded the motion. This was an effort to facilitate the continued operation of displaced businesses caused by LionsHead redevelopment. Moffet and Donovan questioned whether the ordinance was brought forth solely for redevelopment. Jay Peterson, representing Vail Resorts, stated the ordinance was requested to allow a three year conditional use approval to enable Vail Resorts to secure long term, yet temporary office space through the construction period. Although discussed and considered, it was determined it would be too cumbersome to apply the ordinance to other zone districts throughout the town, in an effort to ease staff and council time investment during redevelopment. Council also emphasized the ordinance is tied to the LionsHead redevelopment as opposed to an individual entity. The ninth item on the agenda was the 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 Vaii Associates and Affiliates. Council unanimously approved the motion 6-0. Due to a predetermined statutory conflict, Slifer recused himself from the item. Moffet moved with Ruotolo seconding the motion. c The tenth item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District No. #38, Manor Vail Lodge. The item was tabled as the applicant and staff continued to work on the final language of the Development Improvement Agreement as directed by Town Council. Moffet moved with Logan seconding the motion. The motion passed unanimously, 7-0. The eleventh item on the agenda was the Town Manager's Report. - Vail Valley Athlete Commission Town Manager Stan Zemler announced furiding recipients from the Vail Valley Athlete Commission, which is funded jointly by Beaver Creek Resort Company, Vail Resorts, Vail Valley Foundation and the Town of Vail. The recipients are: Sarah Schleper, $5,250; Julie Littman, $2,750; Stacia Hookom, $2,500; Steven MacCufcheon, $2,250; Nathan Asoian, $1;250; Clair Bidez, $1,000; Dyian Bidez, $1,000; Lisa Isom, $1,000; Kevin Hochtl, $500; and Deacon Maloney, $500. - Council Contributions Council had previously asked the following questions surrounding the Bravo! Vail Valley Music Festival funding request: 1) 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.; and 2) If Vail is a major contributor to this summer residency, why is Bravo! housing musicians at a hotel outside the Town of Vail? In a document provided to the town by Bravo, the following explanations were provided: All three resident orchestra members are unionized, and as such, housing must meet a number of criteria. The Vail Marriott Resort, Vail Cascade Hotel and Spa, and Park Hyatt Beaver Creek were the only local hotels that met their needs. The Antlers at Vail serves the need for suites. When the festival initiated its three-year agreement, the Hyatt offered the lowest bid plus the added value of across-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 and Cascade met the bid price. As a further note, .Vail library staff stated they will be delighted to host four children's concerts at the Vail Library this coming summer. The eleventh item on the agenda was adjournment. The meeting was adjourned at approximately 9:45 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. Vail Town Council Evening Meeting Minutes Tuesday, November 16, 2004 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor-Pro-Tem Dick Cleveland. Members present: Dick Cleveland, Mayor Pro-Tem Diana Donovan, Farrow Hitt, Kent Logan Greg Moffet Kim Ruotolo, Rod Slifer, Mayor (arrived at 6:30 p.m.) Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Joel Heath, Vail home and business owner, asked Council to explore affordable small business incubator locations. Heath qualified his statement by articulating the town needs to bring year-round businesses back to Vail and to make the town a place where up-and-coming businesses would want to locate. Moffet announced he would like the town to wish Michelle Cahill good health and well being as she had been recently injured in a snow blower accident. The second item on the agenda was a Village Streetscape Update. Public Works Director Greg Hall stated he would be providing the last streetscape update for the year as construction would be completed by the end of the week. Hall then thanked project coordinators Scott Bluhm grid Todd Oppenheimer as well as East Meadow Drive coordinator Jim Boyd, with the Eagle River Water and Sanitation District (ERW&SD), on their successful efforts and hard work. Logan then thanked town staff and reinforced his previous statement that construction occurred with a minimum of disruptions, enhancing the town's credibility to be able to complete Vail's redevelopment efforts. Representing East Meadow Drive property and business owners, Rick Scalpello expressed gratitude to the streetscape contractors, ERW&SD and town staff for a job well done. Scalpello then asked Council to become more involved in the upcoming streetscape design so as not to hinder progress, as he believed occurred in the past. To facilitate this, Scalpello recommended the expansion and scope of the Streetscape Design Committee or a new committee be created. ~ The third item on the agenda was a Conference Center Update. Community Development Director Russell Forrest stated staff would like more time to review public -1- input received to date on the three architectural design concepts for Vail's new conference center as well as proposed next steps. Forrest continued by stating staff anticipates forwarding a recommendation from the Conference Center Oversight Committee on the architectural direction, adoption of a master plan for the conference center/Lionshead Parking structure area, and governance of the facility at the Council's Dec. 7 meeting. More specifically, Forrest reported staff was taking additional time to review traffic flow and eventually the master plan for the site. Logan inquired as to when a maximum guaranteed price would be received for the proposed facility. Forrest answered the town would know by February 2005, and staff remained aware of rising interest rates and sales tax revenues as they would ultimately impact the funds available for project start-up. The fourth item on the agenda was a Chamonix Property Master Plan Update and a request to proceed through the Town of Vail development review process for the Town- owned Parcel located at 2310 Chamonix Road/Tract D, Vail Das Schone Filing 1. The Council voted 7-0 to direct staff to go through the town's development review process to adopt a land use plan for the town-owned Chamonix property. In so doing, the Council also asked to reserve the option to issue an RFP (request for proposal) for potential development on the property. Moffet moved and Logan seconded the motion. Public Information Officer and Project Coordinator, Suzanne Silverthorn .announced • the immediate next step is to develop a timetable for review of the proposed land use plan by the Planning and Environmental Commission (PEC). During an overview, Silverthorn noted in July 2004, the Council authorized the Town Manager to hire the planning team of Davis Partnership/Michael Hazard Associates to facilitate a master land use plan for the property. The town initiated the planning process to determine how best to accommodate a future fire station on the 3.6 acre parcel, as well as other compatible uses. She said the work has included preparation of seven site plan options for a future fire station on the property, which has since been narrowed to two options following a series of neighborhood and Town Council discussions. In addition, she said a recommended Land Use Plan defining four main areas was created showing location of afire station on the southernmost portion of the property, a development zone in the middle of the parcel, an open space zone to the north which would buffer the development area from the existing neighborhood, and recreation areas located on the east and west sides of the property to accommodate neighborhood uses. Scott Nevin with Hazard & Associates provided a brief overview of the planning process. Hank Saipe asked if an RFP would be issued for any potential commercial development. Neighborhood representative, Bob Armour, stated medium density multi-family zoning appeared most appropriate for the tract with housing units being occupied by people who live and work in Vail. He continued by communicating the neighborhood is not interested in mixed use and a retail demand study would be warranted. Hitt stated high density usage of the lot would be unacceptable. Ruotolo thanked those who attended the neighborhood meetings. Jim .Lamont, Vail Village Homeowner's Association, articulated town sub-centers are important to the vitality to the community, also stating he would be concerned if Council moved too quickly with the master planning process. The fifth time on the agenda was an Appeal, pursuant to Section 12-3-3, Vail Town Code, of the Town of Vail PEC's approval of a conditional use permit application, pursuant to Section 12-7B-4B, Conditional Uses, Vail Town Code, to allow for an outdoor dining deck, located at the VistaBahn Building, 333 Hanson Ranch Road/Lot C, Block 2, Vail Village 1S' Filing. The Council voted 6-1 (Slifer opposed, Logan attempted to abstain but pursuant to town charter a vote in the affirmative was cast) to uphold a -2- PEC and Design Review Board (DRB) decision to approve a conditional use permit to allow for an outdoor dining deck at the'VistaBahn Building. Moffet moved and Ruotolo seconded the motion. Slifer dissented as he believed the deck would add to what be believed was a noise problem. Logan stated he was disappointed in both parties as they could not settle the dispute by themselves. Council did modify the approval, designating mandatory maximum hours of operation for the deck. The deck is only to be used from 9:00 a.m. to 9:00 p.m. Representing the applicant, Bridge Street Lodge Condominiums Homeowner Association, Paul Frank stated noise and vibration coming from the adjacent VistaBahn building was unacceptable. Frank continued that although the appeal concerned a conditional use variance regarding a deck, the deck would subsequently add to the aforementioned noise and vibration. Frank asked Council to consider three options: approve the. application as it is was provided to the PEC and DRB and .add to the already existing problem; ad_d conditions to the approval referencing timing issues and additional buffering; or refer to an alleged view easement violation involving the Christiaria. Acting as a witness for the appellant, Jim Lamont stated the buildings are not being used for their original purpose, ultimately leading to noise issues, and he encouraged Council to revise the town noise code. Bridge Street Condominium owners, Rob and Pete Bissegger, asked Council to reverse the PEC decision as noise coming from the VistaBahn building disrupts the enjoyment of their units and an outside deck next door would only proliferate the problem. Rick Mueller, VistaBahn Building owner, stated he was not aware of any problems with adjacent property owners, and the owner of the Tap Room and Sanctuary, Steve Kaufman, had taken measures to lower the level of noise being produced in those establishments. Kaufman reiterated Mueller's comments and continued the Tap Room and Sanctuary added to Vail's economic and social vitality. Mueller, Kaufman, and advisor Terrill Knight emphasized the issue at hand was the approval of a deck, as opposed to a noise grievance. Ron Riley, owner of Los Amigos, spoke in support of Kaufman. Paul and Sally Johnston, owners of Christiania Lodge, spoke in support of the Bridge Street Homeowner's Association. The sixth item on the agenda was the first reading of Ordinance No. # 30, Series of 2004, the Town of Vail amending Title 3, Chapter 6, of the Vail Town Code regarding the CSE. The Council voted 7-0 to unanimously approve first reading of an ordinance amending establishment of the Vail Commission on Special Events (CSE) as it pertains to appointments and qualifications. Moffet moved and Cleveland seconded the motion. Assistant Town Manager Pam Brandmeyer explained the -CSE had required three members of the five-member board represent specific areas of the business community, with the additional two appointed at-large. In addition, the current ordinance contained a self imposed conflict of interest provision which was not imposed on other town boards and is unique to the CSE. Brandmeyer continued by stating in the past several months, various voting members have had to resign due to conflicts of interest. Brandmeyer noted by expanding the board from five to seven members, deleting the self imposed conflict of interest provision, and having all members appointed at-large, as proposed in the amended ordinance, the Council would be able to attract members of the community who have expertise in special events and would allow the board to function like other Town of Vail boards. Rick Scalpello, a former CSE member, stated he believed the CSE should be held to a higher standard than other town boards as the CSE provides funding. Subsequently, he asked and received support from Council to ,include a provision in the ordinance requiring a vote of four or more members for approval. Donovan and Cleveland noted Sybill Navas' role as the town-employed special events -3- coordinator has greatly improved the effectiveness of the board. The Council also agreed extra effort should be made to make the CSE coordinator the sole contact for special event requests. The seventh item on the agenda was the second reading of Ordinance No. #24, Series of 2004, an ordinance establishing Special Development District No: 38, Manor Vail Lodge. The Council unanimously approved, 7-0, an applicant request to table second reading of the Manor Vail Special Development District until Dec. 7 to facilitate the development of an incentive program for the proposed new condominium units to be included in the town's "hot bed" rental pool. Moffet moved with Ruotolo seconding the motion. The eighth item on the agenda was the second 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. The Council voted 7-0 to unanimously pass second reading of an amended version of the ordinance in an effort to facilitate the continued operation of displaced businesses caused by the LionsHead redevelopment. Moffet moved and Hitt seconded the motion. Language was added to the ordinance to prevent displaced offices from displacing retail businesses. Representing Vail Resorts Inc. (VRI), Jay Peterson, stated VRI was considering the previous Verbatim ,space in Lionshead. The ninth item on the agenda was the first reading of Ordinance No. #27, Series 2004, an Ordinance making supplemental appropriations to the 2004 Budget, Supplemental Appropriation No. #3. The Council unanimously approved first reading of this ordinance making one amendment to what was originally proposed. Moffet moved with Logan seconding the motion. Council requested a $65,000 Multi-Use Recreational Facility project expense be funded from the General Fund as opposed to the Real Estate Transfer Tax (RETT) Fund. The tenth item on the agenda was the first Reading of Mill Levy Certification, Ordinance No. #28, Series 2004. Council unanimously approved first reading of an ordinance to set the town's mill levy at :Finance Director, Judy Camp, began by stating m-ill levy assessments must be certified to the county for collection annually; this ordinance authorizes certification. She noted revenues were not actual, only an estimate, as Eagle County had not yet provided final assessments. Greg Moffet asked if revenue collected from property tax would be more or less than the previous year. Camp answered property tax assessments were lower, particularly for some commercial properties involved with redevelopment, subsequently leading to less revenue. Council members noted the town's property tax represents just five percent of the overall municipal budget. The eleventh item on the agenda was the second reading of Ordinance No. #25, series of 2004 Budget Ordinance. Council unanimously approved second reading of the Fiscal Year 2005 budget ordinance as recommended by the Town Manager. Moffet moved with Logan seconding the motion. The following summarizes the town's proposed 2005 expenditures: General Fund ~ $22,774,746 Capital Projects Fund $10,914,654 Real Estate Transfer Tax Fund $ 5,800,407 -4- Conference Center Fund $ 871,820 Vail Marketing Fund $ 295,400 Debt Service Fund $ 2,317,799 Heavy Equipment Fund $ 162,971 Health Insurance Fund $ 2,082,500 Dispatch Services Fund $ 1,692,691 Total Before Interfund Transfers $48,912,988 Less Interfund Charges and Transfers $ 7,462,821 Net Expenditure Budget $41,450,167 Diana Donovan noted the annual budget is one of the most important functions Council oversees and it was disappointing only two persons other than town.staff were present for the public hearing. She then inquired as to the status of planning regarding the construction, maintenance and operating costs of the proposed West Vail Fire Station. Zemler answered research continued. In response to a question earlier in the day, Zemler stated he would explore the decision-making process for release of project funding by the 911 Authority. The twelfth item on the agenda was the Town Manager's Report Request for Donovan Pavilion donation. Brandmeyer explained the local non-profit Youth Foundation had requested donation of one day of free use as a potential auction item for a fundraiser. Brandmeyer noted it was the Donovan Pavilion subcommittee's recommendation to deny the request. With over 70 not-for-profits in the county, approving the request would set a risky precedent that could seriously erode the bookings of the facility, she said. Brandmeyer then forwarded a suggestion she had received of a potential lottery for a free day of use of the Pavilion to be drawn from among the 70-plus non-profits. Cleveland stated Council utilizes a process to evaluate contributions and the matter should be considered against the criteria. On another matter, Cleveland thanked Zemler and his staff for the diligent work, easily understandable budget presentations and ultimately successful budgetary decisions. The thirteenth item on.the agenda was adjournment. The meeting was adjourned at approximately 9:00 p.m. Respectfully Submitted, ~ Rodney E. Slifer, Mayor ATTEST: ~~ -5- Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. -6- ORDINANCE N0.23 SERIES 200 AN ORDINANCE AItIIENDING THE VAIL TOUVN CODE REGARDING THE JURISDICTION OF THE TOVNN OF VAIL RAUNICIPAL COURT AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the "Town"), is a home rule municipal corporation duly organized and existing under laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, Article XX, Section 6, of the Colorado Constitution grants to a home rule municipality the power to define and regulate the jurisdiction of its municipal courts with respect to matters of local and municipal concern; and WHEREAS; Section 7.2 of the Vail Town Charter provides for the creation of the Town of Vail Municipal Court; and WHEREAS, Section 7.2 of the Vail Town Charter further provides that the Town of Vail Municipal Court shall have "exclusive original jurisdiction of all cases arising under the ordinances of the town and as may be conferred by law"; and WHEREAS, the Council has previously adopted Chapter 9 of Title 1 of the Vail Town Code to implement Section 7.2 of the Vail Town Charter with respect to the jurisdiction and powers of the Town of Vail Municipal Court; and WHEREAS, the Council desires to clarify the jurisdiction of the Town of Vail Municipal Court with respect to civil actions which are brought against the Town under Rule 106(a)(4) of the Colorado Rules of Civil Procedure. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Title 1, Chapter 9, of the Vail Town Code is hereby amended by the addition of Sectioh 1-9-9, entitled "Exception To Jurisdiction," to read as follows (additions are shown in bold and underline): 1-9-9: Exception To Jurisdiction: Plotwithstanding the provisions of Section 'I-9.4 or Section T.2 of the Town Charter the rmunicipal court shall not have jurisdiction Ordinance 23, Series of 2004 over anv civil action brought against the Town, including anv claim brought pursuant to Rule 106 of the Colorado Rules of Civil Procedure. Section 2. Section 12-3-3(E), entitled "Appeal of Town Council Decisions," is hereby amended to read as follows (additions are shown in bold and underline; deletions are shown in E. Appeal of Town Council Decisions: The final decision of the Town Council with respect to anv appeal pursuant #o tabs Chapter or development permit application submitted pursuant to this Title rnay be appealed to an appropriate court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The Town of Vail Municipal Court shall not have jurisdiction over such civil action. , Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants thereof. Section 5. The amendment of any provision of the Municipal Code of the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceedings as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously amended or superseded unless expressly stated herein. Ordinance 23, Series of 2004 2 Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed. Section 7. This ordinance, as adopted by the Town Council, shall be numbered and recorded by the Town Clerk in the official records of the Town. The adoption and publication shall be authenticated by the signatures of the Mayor, or Mayor Pro Tem, and Town Clerk, and by the certificate of publication. Section 8. This ordinance shall be in full force and effect five days after publication following final passage. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 21st day of December, 2004 and a public hearing shall be held on this Ordinance on the 4th day of January, 2005 at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance 23, Series of 2004 3 ®R~-11NA1~1C~ let®. 32 Series ®ff 2004 AN ORDINANCE VACATING A CERTAIN PART OF THE SYSTEM OF PUBLIC WAYS OF THE TOWN OF VAIL, COLORADO, I.E., THAT PUBLIC RIGHT-OF-WAY CONSTITUTING THOSE PORTIONS OF RED SANDSTONE ROAD CONTIGUOUS TO EITHER TRACT A OR TRACT B, SOUTH FRONTAGE ROAD SUBDIVISION WHEREAS, the Town of Vail, acting through its applicable departments and agencies, including the Town Council and the Director of Public Works, have found and determined that the public use, convenience and necessity no longer require within its system of public ways the portion of Red Sandstone Road (originally established by right-of--way grant recorded in the real property records for Eagle County, Colorado (the "Records") at Book 127, Page 565) that is contiguous to either of Tracts A and B, South Frontage Road Subdivision ("Tracts A and B"), according to the plat thereof recorded in the Records on November 6, 2000, at Reception No. 74324 (the "Plat"), and that intersects with South Frontage Road on the south and I-70 right-of--way parcels on the north; the vacation is also in furtherance of satisfying the requirements under that certain Gore Creek Place Development Agreement made among the Town of Vail, The Vail Corporation, d/b/a Vail Associates, Inc. ("Vail Associates"), and Vail Reinvestment Authority dated as of November 8, 2004; and WHEREAS, the Town of Vail 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 Vacated Way (defined below) is hereby vacated by the Town of Vail, and no longer constitutes part of the system of public ways of the Town of Vail. The Vacated Way shall mean the area legally described on Exhibit A attached hereto and incorporated herein by this reference, together with any other portions of the Red Sandstone Road right-of--way, as historically established, that may lie within or adjacent to either of Tracts A and B, as they are legally described, or "Parce126B," as shown on the Plat. Section 2. This vacation of the Vacated Way will be and remain subject to, and there is hereby reserved, (i) anon-exclusive private easement in perpetuity over the Vacated Way as necessary for access to Parce126B, which easement will be an appurtenance benefiting the ownership of Parce126B, and (ii) anon-exclusive private easement in perpetuity over the Vacated Way for the continued 636942.3 RCFISH maintenance, upgrading, use and enjoyment of existing utilities, if any, located in the Vacated Way, which easement shall run in favor of the applicable utility suppliers as an easement in gross. Section 3. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 7th day of December, 2004. A public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Vail, Colorado, on the 21st day of December, 2004, at 6:00 p.m., in the Municipal Building of the Town. Rodney Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk Ordinance 32, Series of 2004 2 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21st day of December, 2004. Mayor ATTEST: Town Clerk Ordinance 32, Series of 2004 INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 21S` day of December, 2004. Rodney Slifer, Mayor ATTEST: By: Lorelei Donaldson, Town Clerk ' Ordinance No. 32, Series of 2004 3 e ' %~A~ GG~99 LEGAL DESCRIPTION A PART OF THE PARCEL DESCRIBED IN A RIGHT-OF-WAY DEED RECORDED IN BOOK 127 AT PAGE 565, APRIL 2, 1943 AT THE EAGLE COUNTY CLERK AND RECORDERS OFFICE, ALSO BEING A PART OF THE NE'/. OF THE NE'/< OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 8l WEST OF THE 6th P.M., TOWN OF VAIL, EAGLE COUNTY, STATE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 12 WHENCE THE SOUTHWEST CORNER OF THE NW '/< OF THE NW '/< OF SECTION 7, TOWNSHIP 5 SOUTH, RANGE 80 WEST OF THE 6th P.M BEARS S 00° 35' S2" W A DISTANCE OF 1321.99 FEET BEING THE BASIS OF BEARING FOR THIS DESCRIPTION: THENCE S04°24'22"W A DISTANCE OF 542.86 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF U. S. HIGHWAY No. 6 (A.K.A. SOUTH FRONTAGE ROAD) AND THE WEST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WEST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565 N 00° 24'34" E A DISTANCE OF 306.20 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF I-70; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE N 60° 04' 11" E A DISTANCE OF 50.79 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 12; THENCE ALONG THE EAST LINE OF SAID SECTION 12 AND THE EAST RIGHT-OF-WAY LINE OF SAID PARCEL DESCRIBED IN DEED RECORDED IN BOOK 127 AT PAGE 565 S 00°35' S2" W A DISTANCE OF 319.42 FEET TO A POINT ON THE SAID NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY No. 6; THENCE ALONG THE SAID NORTH RIGHT OF WAY LINE OF U.S. HIGHWAY No. 6 S74° 11' 40" W A DISTANCE OF 45.56 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINS NET 0.311 ACRES MORE OR LESS. THE ABOVE DESCRIPTION IS MEASURED DISTANCES AND BEARINGS BASED ON THE LAND SURVEY PLAT DATED JUNE 2002, BY PEAK LAND SURVEYING, INC. FILED WITH THE COUNTY SURVEYOR FOR EAGLE COUNTY,COLORADO 7 H1S LEGAL DESCRIPTION HAD BEEN CREATED BY BRENT BIGGS PLS No. 27598, ON BEHALF OF PEAK LAND SURVEYING, INC. 1000 LIONS RIDGE LOOP VAIL, CO 81657 Ordinance 32, Series of 2004 _ ,., Saturday, December - - '4,-2004 -Page A15 - ~ -~ a -;. ,~ : _ ~ , ~~~_ - ~ - <., i ~~ hale `new wgrld t~~ cxplore~~ :: -_ - As Vail uivests iii-`-the billion -- ®~fi'1''~ f®~~~~ ~`o~a~~~~~/ -- =dollar~renewal; I hope_that soiree •. <fimds can be ;allocated to update Thank you TOV for provid the hbrary,fi•om both a size'and ingsu~h a.~ftrst-class library;.I '~technology`~pomt of- view `-The ' have been iismg the Vatl libi'ar~ ~ "hbrary~ is one'"of the jewels:~rf ' since 1984 and `have .'been .:: .: >. - Vatl .that .often seems . to '~~et :',,: impressed with. how helpful the , 'overlooked when -funds - are librarians are They keep the ; strefclied thin'. Thank you:for '; • tecfinology.:and'collections, urr providing ~si~ch i ,~ wgndetul ~~~ :F rent even though t1Se b~id~et is ~- always very;:hght:° ` _'rla~c ``'~f .i~aiilrn~- ciild ,please ':' 'make -suie'it hops plcc-:-with''' This :-week I -bird m~ '~first_ the renewal 'oY the 'rest ut the _::~ opportunity. ~t~ use the -~'~hil dren.'s room becau~~ m. ~i-and .i~~wn. I~arl;,ara Jean ::~ son `was`c'vsitin~ ;Vail. He -rti _ _ -~ alrios.f 2 ~ and,. ~ilready ._ loges books I wish yc~u `coild..have. • . Qtass doors ;_to,',; the, children's' room andhe~saw~all-the stimu- latirig toys ,.and books ;there It.:, as: a priceless ex"pression of a: MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIRECTORS 5:00 P.M. Tuesday, November 23, 2004 Town of Vail Council Chambers MEMBERS PRESENT Nino Licciardi, Julie Hansen, Peter Cook, Scott Proper, Michelle Hall STAFF FRESENT TOV MEMBERS PRESENT OTHERS PRESENT Dennis Stein, Amy Ludke Pam Brandmeyer Steve Simonett CALL TO ORDER Nino called the meeting to order at 5:00 p.m. APPROVAL OF 10/12/04 MEETING MINUTES - APPROVAL OF 11/4/04 MEETING MINUTES APPROVAL OF 11/4/04 MEETING MINUTES PUBLIC INPUT OF ITEMS NOT ON AGENDA Julie moved to approve the October 12th minutes as written. Michelle seconded. Approved unanimously. Peter abstained, absent from meeting. Julie moved to approve the November 4th minutes as written. Michelle seconded. Approved unanimously. Peter abstained, absent from meeting. Michelle moved to approve the November 9th minutes as written. Scott noted on pg. 5 that discussion made between Brent and him be added to pg 5. Paragraph will be added. Scott seconded. Approved unanimously. Nino abstained, absent from meeting. None 1 POTENTIAL 2005 GOALS To be discussed in Executive Session. OUTDOOR ICE Dennis summarized what he and staff had put together as options for the outdoor sheet of ice. He stated that the location at Bighorn Park had many safety issues and would be unsuitable for people to skate on and .to travel to. Dennis went onto confirm that the golf course driving range would be the most practical location for the outdoor ice rink. Dennis stated that the golf course could probably be facing turf issues next summer due to the ice on the turf. Costs for turf repair could be substantial. Dennis stated there was a~good chance that we would face turf replacement costs next season. Julie asked if there was any protective covering that staff could put down between the turf and the grass. Dennis stated that costs of a possible protective covering could cost as much as repairing the turf itself. He stated that we would need to weigh the costs before advancing with the protective covering. Peter made a motion to authorize Jim to construct the outdoor sheet of ice without exceeding the amount of $5,000 with or without the Town of Vail's support. Julie seconded. Scott asked Dennis what staff thought. Dennis stated that Jody had put $5000 in the budget for the outdoor sheet of ice. Approved unanimously. Julie asked Pam Brandmeyer if the Town had allocated all the RETT Dollars for 2005. Pam stated that they have not allocated all the funds for 2005. NORDIC UPDATE Dennis stated that based on information, feedback and suggestions received from residents and community leaders, there will be donation boxes and information signage posted in the Nordic Center and possibly along the Nordic Course. The Board stated that this year would be used as a transitional year and then progress into more formal fee options for the future. 2 .` APPROVAL OF 2005 BUDGET AND FEES Peter and Julie both requested two changes to the outline of the budget spreadsheet. Dennis stated that he would inquire with Jody to see if those aesthetic changes could be made to the budget outline. Steve Simonett requested that unapproved Board Meeting minutes be public knowledge before Board approves actual minutes, and requested that the 2005 Fee Schedule be public knowledge as well. Both requests were granted by the Board. The Board agreed that they have done their part in cutting back on excess programs and reducing staff benefits. They have begun to establish a reserve funds in the 2005 budget. .The Board also agreed their main concern was to lower the Tax Anticipation Notice for next year. The Board feels comfortable that they will accomplish this task and do away with it in the future. Scott stated that we really need to reevaluate the RETT Dollars with the Town of Vail, to possibly put some of those funds to use on VRD capital projects (ex. repair on existing Town of Vail buildings) and the possibility of renovating the golf course. Julie motioned to approve and implement the 2005 Budget which includes the new fee schedule. Michelle Seconded. Approved unanimously. EXECUTIVE DIRECTOR INPUT Dennis stated that Dobson Arena would be closed Thanksgiving and open on Friday November 26, 2004 for Public Skating. BOARD MEMBER INPUT Julie requested a 5-year, year-end actual spreadsheet from Dennis in order to look at the numbers and compare figures from 2000 to 2005. Dennis stated that he would get that to the Board right away. Michelle stated that she would not be able to help at the actual New Year's Eve Event but could help in the set-up that day. Scott suggested that the Board put together aself-evaluation and evaluate how we as Board conduct meetings and business. He suggested that the Board seek guidance through a professional service (ex. attending seminars and/or classes on Board Conduct). 3 Michelle stated that from her past experience as a Board~Member, she has seen Board of Directors benefit tremendously from attending conferences and listening to professional speakers talk about team leadership and communication. ADJOURNMENT ~~ Peter believes the Board should focus first on accomplishing the defined goals for the district and second on aself-evaluation. Michelle continued and stated that there are many books published on this topic and we as a Board should educate ourselves in that approach instead to save the VRD money. Nino stated that he will be attending the Dec 7, 2004 meeting with the Town Council to discuss both the repair of the Tennis Courts and the construction of the outdoor sheet of ice on the Vail Golf Course driving range. He and Peter will both be presenting and are hoping to receive funds from the Town for both projects. Nino also suggested that Dennis follow up with the Town of Vail regarding funds for ADA requirement construction. Nino requested Dennis to send an email to all board members outlining the Rec District's and Town of Vail's financial responsibilities for the ADA construction project. Michelle motioned to adjourn at 6:15 p.m. to Executive Session as per §24-6-402(4)(f), C.R.S., "Personnel matters except if the employee who is the subject of the executive session has requested an open meeting, or if the personnel matter involves more than one employee, all of the employees must request an open meeting." and Peter seconded. Approved unanimously. ~~~,~ c;~~~~ Peter W. Cook, Secretary a/04 BOD/I 1-23-04 minutes.doc Amy Ludke, Assistant Finance Mana~er 4 iVIEMORANDUiUi TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: December 21, 2004 SUBJECT: Update on the Vail Conference Center Planner: Russell Forrest PURPOSE The Conference Center Advisory Committee (the Committee) is requesting the following actions from the Vail Town Council: A) Consider a recommendation from the Committee to purchase water and sewer taps for the Charter Bus Lot site prior to December 31, 2004. After this date water and sewer tap fees will increase significantly. These tap fees are transferable or can stay with the land if the Conference Center is not built. B) Receive an update on parking opportunities for the Conference Center and how the transit center might be addressed which is currently proposed for the North Day Lot in Lionshead. These ideas are based on a discussion with Vail Resorts on December 7'h and significant technical review by transportation and structural engineers working for the Town of Vail. Staff would like to discuss this item in the afternoon worksession since we are not asking for any final action on this issue. II. BACI{GROUND 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. Ori 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. • Authorization to issue an RFQ for design team assistance on the Conference Center. • 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 fees.and reimbursables) to furid 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, 2004, 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: • 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 five alternatives site plans. In addition, the public reviewed the same alternatives on September 22, 2004. The near unanimous opinion from the ~, various groups that reviewed the site plans was that alternative three 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, 2004, 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. The Committee met on October 21, 2004, and reviewed the qualification submitted by six general contractors.. After reviewing the qualifications, the committee recommended to the Vail Town Council that three general contractors receive requests for proposals. Those general contractors include: Hansel Phelps Construction Hunt Construction Group/Hyder Construction M.A Mortenson Company On November 2, 2004, the Town Council approved a motion to forward the above mentioned contractors requests for proposals. On December 7, 2004, the Vail Town Council voted 6-1 to direct the conference center design team to move forward with a "natural/environmentally inspired design style. The design team of Fentress Bradburn developed three alternative architectural approaches. These images were not the elevations of the proposed conference center but rather provided alternative visions or inspirations that could be considered for the conference center. The three styles include: 1) Bavarian/Traditional Vail style 2) Contemporary 3) Natural/Environmentally inspired style The Conference Center Advisory Committee reviewed the public input associated with the three design alternatives on November 18, 2004. After reviewing the public input and the associated costs with each design option, the Committee forwarded a recommendation for the "Architectural Vision Inspired by Nature." The Committee felt that this would create an outstanding architectural structure. The materials as envisioned by the design team would utilize "mountain" materials such as heavy stone and timbers. The roof element would be more iconic but is intended to reflect the form of the surrounding mountains. It should also be noted that one member of the Committee, although not present on November 18, 2004, preferred the Traditional Vail Vernacular look. III. DESCRIPTION OF REQUESTS A. Tap Fees The Conference Center Advisory Committee met on December 14, 2004, and voted to recommend that the Town of Vail purchase (using Conference Center funds) the water and sewer taps for the Charter Bus Lot site. The Conference Center Advisory Committee is recommending that the Town of Vail spend not more than $1.2MM out of the Conference Center budget for the purchase of the water and sewer taps for the conference center project. The actual amount spent could be less. On January 1, 2005, the Eagle River Water and Sanitation District will significantly increase tap fees. The reasoning for purchasing the taps this year is as follows: The costs will increase 10% in 2005 which would result in an increase of approximately $120,000 for the conference center. The ERW&SD may asses a treated water storage requirement fee in 2005 (currently not applicable in 2004) which would equal approximately $395,000. The total cost avoidance due to purchase in 2004 is approximately $515,000. If the Conference Center does not move forward, the tap fee could be transferred to another property based on the policy provided in Attachment A. Also if the Conference Center is not built the fee would be available for a future use on the charter bus lot. The Town could also request to have this fee refunded. B. Master Plan: Parking & Transit Before finalizing the Master Plan for the Conference Center two critical issues need to be reviewed with the Town Council. First the Conference Center master plan evaluated the various options for locating a transit center in Lionshead based on the Lionshead Master Redevelopment Plan. The second issue staff would like to discuss involves how much parking should be located underneath the conference center. After a meeting with Vail Resorts executives' on December 7, 20.04, staff wanted to discuss .the following possible ideas for addressing additional transit and parking needs in Lionshead. 1. Transit Center A. The Problem: The reason a transit center is proposed in the Lionshead Master Redevelopment Plan is primarily to alleviate circulation conflicts between the Lionshead Parking Structure and the retail mall of Lionshead. The conflicts between the following modes of traffic exist: • Pedestrians crossing from the Lionshead parking structure • In-town bus • Loading and delivery for the Lionshead retail area ~ • Hotel shuttle buses • Skier drop off (cars) In addition the Lionshead Master Redevelopment Plan anticipates an increase in regional bus traffic and a need to relocate charter buses when the civic center/charter bus lot is developed. B. The Potential Solution The Lionshead Master Redevelopment Plan proposes to create a multi-modal transit facility on the North Day Lot. As envisioned in the Master Plan, this site would accommodate the following modes of transportation: o Regional and TOV (West Vail) Buses o Charter Buses o Skier drop-off o Hotel Shuttles o Loading and Delivery Traffic engineers still agree that purely from atransit/circulation standpoint that the North Day Lot is the best location in Lionshead for the transit center when compared to the existing Concert Hall Plaza bus stop and relocating a bus stop on the Lionshead parking structure. However the following difficulties and challenges exist with the North Day Lot: o The Town of Vail has inadequate funding now to commit to a $9-$10 million transit facility on the lot and Vail Resorts is now prepared to move forward with the redevelopment of the North Day lot. o Federal grant dollars may be available in 2007 for a transit facility. However, this funding ($15 million requested) can be reduced. In any case, it is not available in 2005. o There is significant adjacent property owner opposition to a transit facility with diesel buses on the North Day Lot. o There is the opportunity for the Town of Vail and Vail Resorts to cooperatively redevelop Timber Ridge if diesel buses are not located on the North Day lot. Vail Resorts will move forward with a 150 bed affordable housing project on the North Day Lot if the Town elects to locate a transit facility with buses on the site. After meeting vvith Vail Resorts on December 7, 2004, the following proposed direction is recommended: 1. Locate loading and delivery under the Vail Square development. This will be built by Vail Resorts as per the approved plans for the Vail Square development. 2. During specific times of the day, allow Charter Buses to utilize the eight bay loading and delivery facility under the new Vail Square building. This will allow for improved skier operations by bringing guests up an elevator to obtain lift passes and meet ski instructors within the same building. In addition, Vail Resorts and the Town could investigate using the Vail Front Door loading and delivery facility for additional charter bus loading and unloading. 3. Locate hotel shuttle (non-diesel vans only) and Skier Drop- . off (private vehicles only) to the North Day Lot. This may require cooperation with the West Wind and Landmark to facilitate turning movements for this use. Both properties have indicated a willingness to work with the Town and Vail Resorts on this issue if diesel buses can be moved to an alternative location. 4. Maintain the regional and West Vail bus stop at Concert Hall Plaza for now. 5. Develop an RFP for the redevelopment of the Lionshead Parking Structure in 2006 or 2007 to include a transit facility for regional and Town of Vail buses. The RFP would need to include other public improvements that the developer would be responsible for such as replacing the public parking, restrooms, VRD uses ect.. If issuing an RFP is determined to be unacceptable then moving to the next step may be feasible. 6. If an appropriate developer is not found for the Lionshead parking structure and the capacity of the Concert Hall Plaza bus stop is exceeded in the future, it has been concluded by URS that a transit facility could be located on the existing parking structure. The cost of creating this facility would be approximately $8 million. It also displaces 100 parking spaces which would need to be replaced in another location. 2. Parking A. Problem: The Master Plan for the Conference Center evaluates the appropriate number of cars for the Conference Center and whether additional parking for the general public should be located at this site. The Town of Vail and Vail Resorts have generally agreed that the Town needs approximately 400 additional public parking spaces to help ensure that the number of days cars are parked on the Frontage Road is less than 15 days per ski season. The Lionshead Master Plan identified the opportunity to locate 400 additional parking spaces on top of the existing parking structure. ~~ The conference center based on work from HVS (Conference Center Business Plan Consultant) and FHU (Town's transportation consultant) is estimated to need an additional 125 parking spaces. This would allow the center to have a conference for 700 people even during a peak ski day. An interesting issue that has arisen from the work, to date, on the Conference Center is that there may be a limit to how many parking spaces can be located on the existing parking structure based on the number of exit and entrance gates that can be located on the north side of the existing structure. Additional parking counts and analysis is planned over the 2004/2005 winter holidays to determine the carrying capacity of the Lionshead Parking structure and the Frontage Road. B. Potential Solution: Staff, with the assistance of URS, FHU, and Fentress Bradburn, evaluated various options for locating parking under the Conference Center and how to locate a new entrance on the existing parking structure. Furthermore, they were asked to find a solution that did not create circulation conflicts on the Frontage Road and would either maintain or improve the level of service in the existing parking structure. It was determined that 320 parking spaces could be developed underneath the Conference Center at approximately $30,000 a space or $9.6 million. The cost per space of putting parking below the Conference Center is similar to the cost of putting parking over the existing parking structure given the structure and code improvements that will need to occur if the existing parking structure is modified significantly. The 320 parking spaces would provide the following opportunities: 0 125 spaces for the conference center o Replace approximately 70 parking spaces displaced when a new north entrance is created on the existing Lionshead Parking Structure. o And provide an additional 125 spaces for the public. o All together this would provide 250 net new parking spaces for the Lionshead. Parking Structure. Vail Resorts has committed to pay the full $4.3 million for public parking to create 320 parking spaces underneath the Conference Center. In doing this, it is recognized that the 125 parking spaces associated with the conference center are available on most peak ski days when hotel availability is limited and the probability of a large day time conference event is small. Vail Resorts further recommended that the Town and the company work together to develop a funding source for creating a new parking structure on the Vail Resorts/Holy Cross maintenance facility site as a second phase to addressing the public parking challenge. Preliminary design work has indicated that a four level 400 space, above grade parking structure could be created on the current site which provides surface parking for Vail Resorts employees. In developing this parking, it would be understood that approximately 200 of the 400 spaces would be for Vail Resorts employees and the other 200 spaces would be for other employees working in the Town of Vail. Between creating 250 net new parking spaces underneath the Conference Center and 200 new employee parking spaces at the Holy Cross Site, it is felt that parking on the Frontage Road could be reduced to under 15 days per ski season. In addition, this proposed plan would not preclude the redevelopment of the Lionshead Parking structure. C. Next Steps Proposed next steps include: • December 22, 2004, at 3:00: Conference Center Advisory Committee • December 29, 2004: Conference Center Overview for the Village Homeowners Association • December 30, 2004: Community Meeting • January 12, 2005: Committee Meeting: Design Update • January 20, 2005: Interviews with General Contractors (Council Invited) Attachment A: ERWSD Policy on Tap Fee Transfers F:\Users\cdev\COUNCIL\MEMOS\04\conference center122104.doc c 8 ~~~~~~ 0 ~~~ ~~~ Article VIII-Rates and Charges dispute will be settled in accordance with Article IX, Hearing and Appeal Procedures. 8.5 Transfer of Tap Fees Any approval of a request for a transfer of tap fees shall be in the sole discretion of the District. No tap fee paid on behalf of one property, or any portion thereof, may be transferred to any other property except under the following conditions: 1. The customer requesting the transfer is the common customer of the property for which the tap fee has been paid and the property to which the transfer of the tap fee, or portion thereof, is being requested. Both properties must be in the same District. 2. The customer requesting the transfer has no outstanding unpaid accounts with the District and has previously maintained good credit with the District. 3. The property to which the tap fee initially applied has never been connected to the District's system. 4. The customer requesting the transfer shall pay to the District the difference between the tap fee which would be charged on the date the transfer is requested for the property to which transfer is.being sought, and the tap fee previously paid. In no event shall the District make a credit or refund. In the event a customer transfers only a portion of the total sum previously paid as a tap fee, the customer shall retain a credit for any non-transferred portion of the previously paid fee. 8.6 Service Charge Service charges shall be as reflected in the Appendix A, Schedule of Fees and Charges. Service charges will begin when water service is turned on to the building. Monthly service charges shall be suspended during any month(s) in which service through a newly constructed tap to a building prior to its occupancy has been turned off in accordance with Section 4.5.2, Titre-On/Turn-Off of Service. Service charges do not cease even if water turn off has occurred due to non-payment of monthly service charges. 8.7 Amended Tap Fees In those situations where a prospective user applies for a permit for service to a structure or use not defined in Section 8.4, Classification of Customers; or where, in the District's opinion, the structure represents a classification not contemplated in the establishment of the previously defined tap fee, the District shall establish a fair, reasonable, and equitable tap fee for the property. F:\ISWSD\SREGS\RULESREG\RULESREGS OI-2S-04.DOC PAGE 4O T'AP FEE RATES - As of January 9, 200 EAGLE RIVER 1AIATER ~ SAPIITATIOPI DISTRICT ~ ~pper ~' agle ~egional mater authority --, -. . . _. .. - ----- ~ -•I 1 ~ ~ :: ....._ _:._ _ ;~ t'A~IaEl3ClAL'-9asedbitM'ete rSize'.` DISTRICTS Effect ~ I Residential ~ Up to X • Thereafter : Efflciency Accomm Swimming , . /. 1" `• 1'/i' 3" 2" 4" ; 6" Dato Sq Ft Unit per Sq Ft Unlt Unit P~Is ~ 1.S SFE 28 SFE 5.8 SFE 10.3 SFE 23.0 SFE 40.9 SFE 92.1 SFE i I S F ;: pFrfoaxt~{1, _ _ ._..:._. .:. •, ~ _.. . 5/1/1998 $5,500 600 $2.00 , $2,750 ~ 51,925 $7,500 $13;000 $29,000 $51,5D0 $115,000 $204,500 5460,500 i4i•rokv)idad:l~ot~itaiii`;;~:=: =~ I: i~.i s 6/27I2D01 $8 250 600 3.00 $7,500 $13,000! $29 000 $51,500 j 5115,000 5204,500 Sa60,500 ... _.,.. tlie'G{ifiai~$~ Stiff hGrpls..::i 1/1/2001 $5,500 600 $2.00 $1.75 /sq k 51.751sq R $2 per square toot of Commercial Floor Area 8eavs~'Gree~ ~__,~ ~~!_ ~='.:.i `; _:;~. 7/1/1996 55,000 600 I $1.75 $2 per square foot of Commercial Floor Area <:reek' SC . I 1/1/1997 S5 000 ~ 3,000 $1.50 52,500 51,750 $1.50 57,500 ~ 513,000 $29,0001 $51 500 5115 000 $204 500 5460,500 I 460 500 0 1 Ea~le~+tladt - 7/1/1996 $5,000 3,000 52.00 52.500 ~ 51,750 $2.00 57,500 ' S13,OD0 529,000 i 551,500 / , $204,50 1$ $115,000 Edysrsttis ', _ :. 5115/1997 51.25 j ~ 53,750 ! 56,500 $14,500 525,750 $57,500 `~ $102,2501$230,250 _ ---° _ - =-- - - -- Fted$ `',R2tttlLF:~•~..Ila~d:'.Creek.:`'_ 8/31/2001 $10,000 i 2,500 $2.00 I i $2.00 55,000 57,500 $10,OOD 512,500 , 22500 $15,000 i $17,500 $ , Se tic Sewer S stem Ta Fee S5.t0 ! ft . i ~ i n/a (Residential Onl ) _ CorLf~lerd 8 Cordillera AAounlaln=. 5/1/1994 $7,000 2,500 ~ $2.00 1 . 52,500 51,750 ~ : $7,500' ~ $13,000] $29,000 $51,500 $115,0001 5204,500 5460,500 Administrative Fee Sewer 51,500 ~ i 51,500 51,500 I 51,500 Yogrr>t a~'31v[u1. ._ ': _ 1/1/94+ 54,000 i 3,000 $2.00 { 52,000 ; 51,400 $2.00 ~ 56,000 ~ $10,400 / $23,200! $41,2001 $92,000 i 5163,000 5368,000 i '. - 'ALL ' ?1~Ha~~ftvotll l7r~er Cr~k 1112002 i ~ ~ I i ! _ ; -- - --- Incremental Sewer Tap Fee 1/1!2003 $0.545 ~ ~ j ~ 51.668 53,238 ~ 57,224 j $12,829 i $28.647 1550,941 ~ $114,717 -- --- - 51,500_! 0-.600 - ` ~ ~ DD ~ b2 D00 53 6001 546 000 6001 $20 $11 200 $5 581,500 5184,000 Water Devebpment Fee 52.00 / ft ; 601 - 3,000 I . , , , , , i i - - I .. I TlerTotaf ;$,0005 Ft I - - -- - i -- i _ _. __._.... _,:..::_ :::::.::::::.:::.:::_..-. ... . $1.34- 0.2.$00 (Min 51.350) .53.350 , - - 3°~I $1.55 1 - 3 500 2,50 ' 1 650 ~. S . ~ ~ - - -- 258 ~ $10 847 $24 198 $42 972 956 595 5170,635 $384,241 UEft1f1-A°,Qlahfinveo~Fe~''!~'~`- ncr. $2.01 ~ 0 3,501 5,0 0 1 58015 1 - 53,0 5 ~ . , , , ... :' ....._ .. !. ° .........: .~... .. - ... : `"- $2.58 5,001+ + oven e : 1 I , ....... . . = ~t864Q~1afei• ;dal/ 1!1/04 $3.72 ~ ~ 511,955 $20.722 546,226 $82,091 $183,310 5325,973 1$734,037 - ....:' 10% Incr. i ~~u ~ 1 2 18 s $7 473 ~ $12 953 896 $28 315 $51 586 $114 $203,764 $458,842 r'°~'~'~ " ~' 10% 1ncr. . $ ~ , , , , , I 1 --- ~ - --- "/." meter must be re- roved b uaw Creek - ~ =.', i 5~L<_ a3c:,an=~--.e-,Teor-ea be ,iron., _rere P~nrea ~rsnxe