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HomeMy WebLinkAbout2005-04-05 Support Documentation Town Council Evening Session~®1IVN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, APRIL 5, 2005 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Input. (10 min.) 2. ITEM/TOPIC: Consent Agenda. 03.01.05 and 03.15.05 Minutes Approval. (5 min.) 3. Lorelei Donaldson ITEM/TOPIC: Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. There were no letters of interest for the Building and Fire Code Appeals Board and BFCAB vacancy position. Therefore, because Kathy Langenwalter is already appointed as a first alternate, staff is requesting Langenwalter be appointed as a full-time member of this board, 04.01.05 to 03.31.10. (70 min.) ACTION REQUESTED OF COUNCIL: 1) Appoint two applicants to the DRB for a term of two years each (through March 31, 2007). 2) Appoint three applicants to the PEC for a term of two years each (through March 31, 2007). 3) Appoint three applicants to the AIPP for a term of three years each (through March 31, 2008). 4) Appoint an alternate from the BFACB for a term of five years (through March 31, 2010). BACKGROUND RATIONALE: There are currently two vacancies for DRB, three vacancies for PEC and three vacancies for AIPP. The Town received five (5) applications for the DRB vacancies; seven (7) applications for the PEC and four (4) applications for the c AIPP. One applicant is an incumbent member of the DRB, three applicants who are incumbent members of the PEC and two applicants that are incumbent members to the AIPP (rioted by asterisks below). It is requested that the Town Council interview each applicant at the work session and then appoint two applicants to the DRB; three applicants to the PEC and three applicants to the AIPP at the evening meeting; and one current alternate to the BFCAB. The applicants are as follows: DRB: PEC: AIPP: Melissa Baum Chas Bemliardt"' Kay Cherry* Sherry Dorward Doug Cahill' Susan Frampton Thomas Du Bois Kirk Hansen Timothy Losa Lynn Fritzlen Bili Jewitt"` Jennifer Mason" Diana Mathias* Kim Langmaid William Pierce Gwen Scalpello I have also enclosed an attendance summary for each of these boards for your review. RECOMMENDATION: Appoint a total of two members to the DRB for two-year terms each; three members to the PEC fortwo- yearterms each; and three members to the AIPP for three-year terms each; and one member to the BFACB for a five year term. 4. Todd Oppenheimer ITEM/TOPIC: Seibert Circle Redesign. (30 min.) c ACTION REQUESTED OF COUNCIL: Review and respond to the recommendation from the Streetscape Design Committee to reconstruct Seibert Circle area as part of the Village Streetscape project. BACKGROUND RATIONALE: The Streetscape Design Committee, assisted by Wenk Associates and Joe Kracum, set out to develop a new design concept for Seibert Circle which would have 4-season appeal, be a gathering and seating area, and create a new "post card" image for the town. The Streetscape Design Committee has developed such a concept for the inclusion in the Village Streetscape project. The proposed concept incorporates a European inspired feature with the four-season attraction of water fountains and fire features into Seibert Circle. The intent of this feature is to honor Vail's legacy. ~A variety of approaches for this important honor have been suggested including commemoration of the 10th Mountain Division and a broader theme of honoring the history of the community and the Vail Valley. In addition to the main feature, warming /fire features are incorporated to promote gathering and numerous additional seating opportunities are created with the proposed concept. Images of the proposed concept are attached along with the estimated cost of relocating the MorOles piece and constructing the new concept. The estimated costs and process of construction are further clarified with a series of phasing studies outlining the proposed schedule of the project. STAFF RECOMMENDATION: Approve the recommendation to relocate the Morales art piece to a location still to be determined and design and construct the presented concept. 5. Matt Mire ITEM/TOPIC: A draft agreement between the Town of Vail and the Timber Ridge Affordable Housing Corporation (TRAHC). (5 min.) BACKGROUND RATIONALE: This agreement memorializes the reporting and .financial disclosures Council requires of the new TRAHC board. The TRAHC board approved this agreement at its last meeting and requests a motion for approval by the Council. 6. Russ Forrest ITEM/TOPIC: Vail Conference Center. (30 min.) ACTION REQUESTED OF COUNCIL: The Conference Center Advisory Committee is requesting permission to proceed through the development review process with the Conference Center plans reviewed by the. Vail Town Council on March 15, 2005. BACKGROUND RATIONALE: The Committee has felt obtaining initial input from the PEC and DRB prior to issuing bonds is important in determining whether the capital budget for the project is adequate. ~~ 7. Elizabeth Eckel ITEM/TOPIC: ~ An appeal of the Design Review Board (DRB) denial of the proposed locations and backlighting of the Vail Happenings .Signs (DR605-0028), located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Uphold, modify, or overturn the DRB's -.denial of an application for final review of proposed locations and backlighting of the Vail Happenings Signs, located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. BACKGROUND RATIONALE: On May 21, 2003, the DRB approved an application submitted by the appellant to erect four metal "public information signs" (one of which was already erected) at the following locations; Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. The DRB approved the application with two conditions: that there be no lighting and that the signs were temporary. On February 1, 2005, the appellant submitted an application to backlight all four signs. Staff reviewed the Design Review Board's previous conditions of approval and determined the proposal's lack of compliance with the standards of Title 11, Section 11-2-1. The Staff therefore denied the application on February 16, 2005. Staff rescinded the denial previously issued to the appellant and allowed the appellant to appear before the Design Review Board on March 2, 2005. On March 2, 2005, the Design Review Board denied the appellant's proposal to backlight the Vail Happenings signs that are installed at the aforementioned locations on the basis that public information signs should not be exempt from the standards to which all other signs in the Town are held accountable, including backlighting. STAFF RECOMMENDATION: The Community Development Department recommends that the Town Council uphold the DRB's denial of the application for final review of proposed locations and backlighting of the Vail Happenings Signs, located at Slifer Plaza, The Children's Fountain, Crossroads Mall, and the Lionshead Bus Stop. 8. Judy Camp ITEM/TOPIC: First reading of Ordinance No. #9, Series 2005, an Ordinance making Supplemental Appropriations to the 2005 Budget. (15 min.) ACTION REQUESTED OF COUNCIL: Ask any questions or give any comments regarding the 1st supplemental appropriation of 2005, Ordinance #9, Series 2005. BACKGROUND RATIONALE: To be provided in separate memo STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. #9, Series 2005, upon first reading this evening. 9. Matt Mire ITEM/TOPIC: Second reading of Ordinance No. #5, Series of Joe Russell 2005, an ordinance amending Section 6-3C-5C of the Vail Town Buck Allen Code, concerning the possession of liquor by underage persons, and setting forth details in regard thereto. (15 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Ordinance No. #5, Series 2005. BACKGROUND RATIONALE: Certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes.More specifically, the Town Code does not currently address the possession/consumption of liquor by underage persons on private property. This current loophole in the Town. Code would be addressed by the proposed legislation. STAFF RECOMMENDATION: Approve Ordinance No. #5, Series 2005 on second reading. 10. Matt Mire ITEMITOPIC: Second .reading of Ordinance No. "#8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions ~of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for the vacation and termination of certain existing public utility and drainage easements within Vail/LionsHead, first and third filings, all in connection with the development of the LionsHead "Core" .site, a/k/a Arrabelle at Lion Square. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, Deny BACKGROUND RATIONALE: An ordinance for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the Town of the approved .development site for the Lionshead "Core," also having the project name of "Arrabelle at Lion Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre- existing platted easements within the Core development site, conditioned upon the closing under the Core Site Development Agreement and the provision of necessary replacement easements. STAFF RECOMMENDATION: Approve Ordinance #8, Series 2005 on second reading. 11. Judy Camp ITEM/TOPIC: Resolution No. #5 designating authorized signers on the Town's investment account. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution No. #5 designating Stan Zemler, Pamela A. Brandmeyer, and Judy G. Camp as signers on the Town's investment accounts held at Charles Schwab. This account is managed by Dana Investments. BACKGROUND RATIONALE: This resolution removes three employees who are no longer with the town and replaces them with three current employees as authorized signers. STAFF RECOMMENDATION: Approve. 12. Matt Mire ITEM/TOPIC: Resolution No. #6, Series of 2005. A resolution, pursuan`t~ to Section 8-1-21(B)(2) Vail Town Code, authorizing street-cut permits to be issued between March 15 and April 15 of each year in certain circumstances; and setting forth details in regard thereto. (15 min.) ' ACTION REQUESTED OF COUNCIL: Approve, Approve with amendments, or deny Resolution, No. 6, Series of 2005. ,, BACKGROUND RATIONALE: The Resolution was requested by the Town Manager to allow flexibility in construction timing during the approximately $1 billion of public and private redevelopment scheduled to take place in the Town of Vail over the next three years. If passed, this Resolution will allow the Town Manager and Public Works Director to issue street-cut permits prior to April 15 in certain. instances, for the public convenience and necessity. STAFF RECOMMENDATION: Approve Resolution No. 6, Series of 2005. 13. Russ Forrest ITEM/TOPIC: Resolution No. #7, Series of 2005: Resolution designating three properties in the Town of Vail as Parks. (30 min.) ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or. disapprove Resolution #7, Series of 2005. BACKGROUND RATIONALE: On January 25, 2005 the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to forward a recommendation to the Vail Town Council that the properties in Attachment A of Resolution #7 referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. 14. ITEM/TOPIC: Town Manager's Report (10 min.) - The fire department has been contacted by the United States Forest Service (USES) about a potential"burn" in the Booth Creek area of Vail. The burn could possibly occur during the window of April 15 to May 15. 15. ITEM/TOPIC: Adjournment (10:25 p.m.) 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, APRIL 19, 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 Vail Town Council Evening Meeting Minutes Tuesday, March 1, 2005 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:05 P.M. by Mayor Rod Slifer. Members present: Rod S-ifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Greg Moffet Kim Ruotolo Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Input. Code Enforcement Officer Moses Gonzales updated Council on the "Freedom Rock Tour." Gonzales reported a piece of the Pentagon damaged in the 9/11 terrorist attacks in Washington, D.C., would become a part of Freedom Park in Edwards. Prior to arriving in Edwards, the building fragment will be paraded and displayed throughout the county. The second item on the agenda was the Consent Agenda. Council unanimously approved the 02.01.05 and 02.15.05 minutes with no modifications. Cleveland moved and Moffet seconded a motion to approve. The motion passed unanimously, 7-0. The third item on the agenda was the award of a bus bid. Fleet Manager Todd Scholl reported the town sent out nine Request For Proposals (RFP) to bus manufacturers on November 30, 2004, and received one proposal on the due date of January 21, 2005, from Gillig Corporation. The Gillig proposal was reported to' be responsive to the bid requirements. Staff negotiated with Gillig over requests for deviations from the technical specifications which resulted in a final price of $282,850 per bus. The total cost for the bus bid was $1,758,000; however, a federal 80/20 split grant led to the reported final price to the town. Cleveland clarified the expense was budgeted and all town buses are now Americans with Disabilities Act (ADA) compliant. Zemler asked Scholl to update Council on the integration of hybrid buses into the town's transit fleet. Scholl stated it (hybrid technology) was an evolving industry, and the town would progressively grow the fleet, as more analysis of the vehicle's pertormance became available. Moffet moved and Logan seconded a motion to approve. Council unanimously approved the Gillig proposal, 7-0. The fourth item on the agenda was a Conference Center Update. Community Development Director Russ Forrest announced the purpose of the update was to review progress of the design of the Conference Center as well as the projected costs and budget for the construction of the conference center. Kurt Fentress, representing Fentress Bradburn, lead project designers, provided any; overview of: • Floor Plans • Building Sections • Design Process • Ballroom Configuration • Advisory Committee Design Direction Following the building elevation update, Chris Squadra, representing Architectural Research Consultants (ARC), project coordinators; provided a budget overview. Squadra reported Piper Jaffray, project bond counsel, estimated $45,940,000 would be available for the project, $2 million more than originally anticipated. Squadra then presented industry standard contingency estimates and five construction estimates that had been reconciled to one number. Squadra assured Council ARC had received detailed schedules, and the project could be built in 20 months. Unresolved capital budget issues were then outlined. Cost escalation, interest rates, sustainable design or Leadership in Energy and Environmental Design B(LEED) certification, affordable housing, Colorado Department of Transportation (CDOT) approval of South Frontage Road right-of-way. and building code/zoning Issues were reported to remain as unresolved capital issues. Ruotolo asked how affordable housing would be tied to the project. Forrest responded the issue would first be brought to the Planning and Environmental Commission (PEC) and Design Review Board (DRB), and also stated options may exist for "pay-in-lieu," and the consideration of a further town investment in Timber Ridge and Middle Creek (affordable housing projects). In reviewing the architectural design, Ruotolo expressed. concern about the transition from the LionsHead parking garage to the west side of the conference center. Moffet and Slifer commended the Conference Center Advisory Committee for the immense amount of time spent on the project. Moffet offered support for the design, saying it is dynamic and goes with the town. Donovan noted her continued objections to the design style, saying it won't meet approval by the DRB or PEC. She also expressed her philosophical opposition to the project, saying it would compete with the "glut" of .conference centers existing in the United States. Hitt asked to see financial projections prior to Council presentations, although he did articulate he liked the direction the project design is taking. Logan stated the advisory committee had the months of March and April to clear up significant questions. He also reported the committee had slowed the project down to review the operating model and is now receiving bids and proposals from entities proposing to operate the facility, as opposed to only consultant studies. Forrest then asked for approval to hold a series of community update meetings. These would occur at the upcoming Vail Valley Chamber and Tourism Bureau (WCTB) and Vail Chamber and Business Association (VCBA) meetings, as well as a community meeting to be held at the Vail Public Library. Forrest then asked for approval'to return to Council on March 15 for presentation of a request to take the design to contractors to receive actual bids. Donovan asked about the type of and subject matter of the proposed public meetings, saying they must have more substance than what has been presented in the past. She said citizens need to have a clear understanding of what the purpose of the conference center is and how it will function, such as the food and beverage component. Logan requested a fact sheet be compiled defining specific project goals and the document receive wider circulation than to just those who show up to the meetings. Council ultimately directed staff to move forward as requested. The fifth item on the agenda was the Vail Village Str•eetscape Phase 2 Construction Contract. Public Works Director Greg Hall requested permission from Council to forego 2 competitive bidding and to negotiate the construction price for the Phase 2 Vail Village Streetscape improvements with B&B Excavating and change order that work into the current Phase 1 construction contract. The general contractor for Phase 1 of the Vail Village Sfreefscape Project; B&B Excavating; completed the first year of the two-year construction contract. Hall noted the town was pleased with the performance of B&B Excavating and would like to accelerate a portion of the work scheduled for 2006 into the 2005 construction season. The Phase 2 improvements include the following areas: • Children's Fountain. • Gore Creek Drive, Children's Fountain to (but not including) Checkpoint Charlie. • Gore Creek Promenade. Hitt, Cleveland, and Logan asked if the town received a negotiated, competitive or per square foot cost. Hall stated B&B's original 2004 bid had been very competitive and the town continued to negotiate terms based on the past year's costs and ,performance. Logan asked for a schedule to be provided, outlining the budget/actual costs of the 2004 streetscape improvements. Moffet moved and Logan seconded a motion to approve. Hall then clarified the recommended approval dealt with a 2005-06 contract. Council unanimously approved, 7-0, the request to grant permission to negotiate a contract. The sixth item on the agenda was the second reading of Ordinance No. #3, Series of 2005, an ordinance amending Section 12-11-4, Material To Be Submitted; Procedure, Vail Town Code, Chapter 14-2, Definitions, Vail Town Code, and Chapter 14-6, Grading Standards, Vail Town Code. On November 8, 2004, the PEC voted 7-0 to forward a recommendation of approval for the proposed text amendments. On February 1, 2005, the Council approved the first reading of Ordinance No. 3, Series of 2005, by a vote of 7- 0. Cleveland requested staff provide a separate summary or highlights be provided in Council memorandums documenting, requested changes to ordinances between first and second readings of ordinances.. Hitt questioned the difference between new construction and redevelopment. Mire clarified the ordinance referenced a development plan which applied to both new and redevelopment. Cleveland emphasized the ordinance would give the town standards regarding erosion control, "V1le aren't regulating anything differently than we are already doing:" Moffet asked who would enforce the ordinance and what is the applicant's appeal process if a permit is not approved. Forrest responded normal code enforcement measures/procedureslpersonnel would be utilized. Donovan asked why the ordinance was needed at this point and time. Town Environmental Officer Bill Carlson stated federal clean water standards are becoming more stringent. Carlson. also emphasized the town pays the Eagle River Watershed Council (ERWC) more than $100,000 per year to protect Gore Creek and the ordinance would enhance water quality protection efforts. Moffet moved and Cleveland seconded a motion to approve. The ordinance passed, 6-1, with Slifer opposed. Slifer was concerned the ordinance would serve as a hindrance to the building permitting process. Slifer concluded, "I'm afraid we are just creating another layer of cost and delay." The seventh item on the agenda was the second reading of Ordinance No. #6, Series of 2005, an ordinance adopting a revised approved development plan for Special Development District (SDD) No. 6, Vail Village Inri (WI), Phase I, to allow for modifications to Units 16, 17 and 29, Vail Village Plaza Condominiums, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, located at 100 East Meadow Drive (Vail Village Inn), Lots M and O, Block 5D, Vail Village 1st Filing. On Jan. 24, 2005, the PEC forwarded a recommendation of approval, with conditions, to the Council for the proposed major amendment to SDD No. 6, WI. Town Planner Bill Gibson clarified a parking issue and the related condition of approval that surfaced during first reading of the ordinance. Gibson stated there is currently a parking deficiency at the WI, which will 6e resolved with the construction of the Vail Plaza Hotel This request by the applicant Luc Meyer will reduce the parking requirement for this site by one parking space. Bill Pierce, representing the applicant, noted that Meyer has agreed to tie the title of an existing parking space to the new: condominium to further address any concerns about parking. Moffet moved and Ruotolo seconded a motion to approve. The motion passed unanimously, 7-0. The eighth item on the agenda was the second reading, Ord. #7, Series of 2005. An ordinance to designate 21 parcels of land (16 areas) in the Town of Vail as open space as per section 13.11 of the Tawn of Vail Charter. Due to a publication error, staff recommended Ord. #7, Series of 2005, be tabled until the March 15 Evening Session meeting. Cleveland moved and Moffet seconded a motion to approve. Council unanimously approved the recommendation, 7-0. Hitt asked about the designation of three separate parcels as parks. Mire stated, if the Council chooses to do so, he would advise Council to use the ordinance process for park designation. The ninth item on the agenda was the Town Manager's Report. There was no report. The tenth item on the agenda was Adjournment. Moffet moved and Cleveland seconded a motion to adjourn. The meeting was adjourned at approximately 8:20 p.m. 4 Vail Town Council Evening Meeting Minutes Tuesday, March 15, 2005 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 Rod Slifer. Members present: Rod Slifer, Mayor Dick Cleveland, Mayor Pro-Tem Diana Donovan Farrow Hitt Kent Logan Greg Moffet Kim Ruotolo Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager Slifer called the, meeting to order at approximately 6:05 p.m. The first item on the agenda was Citizen Input. Former Vail Mayor Kent Rose requested Council petition the Vail Recreation District (VRD) to dissolve. Rose stated the VRD is continually criticized for not being responsive to citizens or being fiscally responsible. Rose then said elimination of the VRD would end duplicate functions and make the town ultimately responsible for recreation programming. Rose finished by reporting three more golf courses were being located in the Vail Valley this summer, only increasing competition for the Vail Golf Course. Mark Gordon thanked Council for conducting an orderly public comment session during a recent informational session for the proposed Crossroads redevelopment. Gordon then encouraged Council to maintain the same comment restrictions during the evening's conference center update. Scott Proper, VRD Board Member; spoke to~make Vail residents aware the VRD wants to see changes and any avenue potentially leading to better recreation services in Vail will be explored. The second item on the agenda was the Conference Center Update. Community Development Director Russ Forrest announced on February 24 the Vail Conference Oversight Committee met to review progress on the conference center design. The committee voted to recommend forwarding the design to three general contractors for cost estimates. Forrest then provided the audience and Council with a comprehensive review of progress to date on the conference center, subsequently requesting Council to review: - Progress and public input on the design and review of the capital budget for the project. - Grant permission to forward the design to the three general contractors. - Grant permission to issue a Request for Proposal (RFP) for operation and management of the facility. Forrest stated the primary objective- of~ the RFP for operations was to minimize operational deficit, seamlessly integrate marketing, operation, and management of the facility and to leverage existing resources in the town. Forrest then focused on a recently provided HVS study emphasizing study results of market demand, and review of estimated operation costs. Curt Fentress, principal in charge of design, representing Fentress Bradburn, stated the center's schematic designs were completed and 80% of the structural design had been finished. Fentress prodded an overview of floor plans and potential ballroom layouts while also reporting design refinements were made based on Council and public input. During an opportunity for public comment, Rob Levine stated the opportunity to create a conference center provided a very exciting time for the town. Jim Feldhaus, representing Colorado Mountain Express, encouraged Council to move forward on the project post haste. Ed O'Brien, Chairman of the Vail Valley Medical Center, also encouraged Council to move forward with the proposed project. Stan Cope, Conference Center Oversight Committee member, reported the committee had found no fatal flaws in the proposed project. Mark Gordon applauded the functional design of the center and the potential creation of 329 jobs. Logan stated a reserve fund had been accumulated to help offset introductory operating deficits. Donovan said she believed the .process was out of sync, and the reported facts did not support moving forward on this project. She also stated the architectural design of the proposed center is terrible and is not iconic for Vail, Colorado. She expressed concern the RFP for operations was a "fishing trip." Slifer stated the Oversight Committee had spent significant time discussing governance of the facility. Ruotolo asked how many responses were anticipated from interested .operators. Chris Squadra, representing Architectural Research Consultants (ARC), stated ahalf-dozen companies have expressed interest. The question was asked whether three weeks is adequate to respond to an .RFP. Cleveland emphasized staff requests were only requests for proposals and provided a jumping off point. Moffet moved and Hitt seconded a motion to approve. The motion passed 6-1, Donovan opposed. The third item on the agenda was a presentation by the I-70 Central Mountain Transportation Corridor Coalition. Gary Suitor, independent consultant hired by the Northwest Colorado Council of Governments (NWCCOG) began the presentation by explaining the purpose of the I-70 Coalition was to prepare a regionally preferred alternative for the I-70 corridor that could be presented to Colorado Department of Transportation (CDOT). In an attempt to influence CDOT, the Colorado State Legislature, the IJ.S. Congress, and other Federal and state entities having jurisdiction over planning, implementation, or operation of the corridor transportation project to provide resources to build a regionally preferred alternative to meet the transportation goals of the corridor communities. Public Works Director Greg Hall then presented a synopsis of CDOT's Programmatic Environmental Impact Statement (PSIS), which outlines possible improvement alternatives for I-70 between C-470 and Glenwood Springs. As a member of the I-70 Coalition, the group sought Council and community input on a preferred option for highway improvements. Hall explained various proposed alternatives listed in the PETS including: rail, monorail, buses, additional lanes and high- occupancy vehicle lanes. Jeff Coleman, Region 1 Transportation Director for CDOT, explained potential variances in construction times. He; noted any improvements to the interstate would mast likely first occur on the Front Range. Moffet. questioned the programmatic timing component of the PEIS and stated a belief people living in the r mountains will not use transit to go to Denver. He then recommended the investigation of transporting vehicles via freight through the area. Moffet concluded his comments by stating, "Our problem is not congestion it is noise." Ruotolo agreed with Moffet. Cleveland stressed the necessity for subsidizing flights into Eagle County airport because it would decrease congestion throughout the corridor. Hitt also encouraged moving freight instead of people and seconded flight subsidies for the airport. Slifer expressed concern about potential parking issues if more vehicles arrive in the Valley. Jim Lamont, representing the Vail Village Homeowners Association, stated Vail can not remain the same community with more asphalt (traffic lanes) and encouraged Council to be more forward thinking. Kelly Davis, Rocky Mountain Sierra Club Executive Committee Member, emphasized the environmental importance of incorporating fixed guide-way transit. Bert Melcher encouraged the use of new technologies not included in the CDOT inventory of alternatives. Robert Friis offered his professional services as a transportation consultant. Suzanne Mueller said the highway noise is very loud and she would like the noise to be taken care of. She also expressed concern about vehicles leaving the highway and ending up on the South Frontage Road. Gwen Scalpello encouraged investigating what is causing the bulk of the traffic. It was reported Robert Aikens had notified Council of his support for guide-way systems. The fourth item on the agenda was a Village Streetscape Phase II Construction contract Award for 2005-2006. The Town of Vail and Eagle River Water and Sanitation District (ERW&SD) cooperatively designed and have received a proposal for construction improvements in Vail Village. Council previously directed the Town Manger to negotiate a price for the improvements. These improvements included the replacement of utility lines, drainage system improvements, installation of a snowmelt system and final streetscape treatment for the Children's Fountain, Gore Creek Drive from Mill Creek to Hanson Ranch Chute, Gore Creek from Children's Fountain to Checkpoint Charlie, the Gore Creek Promenade, and Willow Bridge Road from Checkpoint Charlie to and including the International Bridge. The project will continue in a spring and fall construction sequence for the next two years, 2005-2006. Staff recommended Council direct the Town Manager to execute a contract with B & B Excavating for an amount up to $5,765,000. The project falls within the budget established within the capital projects and Real Estate Transfer Tax (RETT) budgets approved for 2005 and recommended for 2006. Ruotolo moved and Donovan seconded the motion to approve the request. The motion passed unariimously, 7-0. Cleveland asked about the contributions of private property owners benefiting from the improvements and was told those negotiations were continuing. Slifer announced an open house had been hosted by the town earlier in the evening for the purpose of explaining construction scope and impact. Zemler stated a meeting of a similar nature had also been held on March 11 and was well attended. The fifth item on the agenda was the first reading of Ordinance No. #5, Series of 2005, an ordinance amending Section 6-3C-5C of the Vail Town Code, concerning the possession of liquor by underage persons. Town Attorney Matt Mire asked Council to consider text amendments necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent . with the Colorado Revised Statutes. Mire stated town code does not currently address the possession/consumption of liquor by underage persons on private property and the current loophole in the town code would be addressed by the proposed legislation. Mire emphasized the language of the ordinance mirrored state statute: Buck Allen, Vail Municipal Judge, reported to Council a minor in possession is not normally an arrestable offense. Moffet moved and Ruotolo seconded a motion to approve. The motion passed unanimously, 7-0. The sixth item on the agenda was the first reading of Ordinance No. #8, Series of 2005, an ordinance for the conveyance to the Vail Corporation, d/b/a Vail Associates, Inc., of certain portions of Tract C, Vail/LionsHead first filing, and Tract C, Vail/LionsHead third filing, which are owned by the Town of Vail, and for' the vacation and termination of certain existing public utility and drainage easements'. within Vail/LionsHead, first and third filings, all in connection with the development of 'the LionsHead "Core" site, a/k/a Arrabelle at Vail Square. Due to a predetermined conflict of interest, Slifer recused himself from the item. .Town Attorney Matt Mire stated the ordinance contemplates closing requirements made by Council several months ago for the LionsHead Core Site. Mire then stated this ordinance was for the purpose of (i) authorizing the conveyance by the Town of Vail to The Vail Corporation, d/b/a Vail Associates, Inc., of those portions owned by the town of the approved development site for the Lionshead "Core," also having the project name of "An'abelle at Vail .Square," such conveyance being conditioned upon the closing under the Core Site Development Agreement, and (ii) terminating pre-existing platted easements within the Core development site, conditioned upon the .closing under the Core Site Development Agreement and the provision of .necessary replacement easements. Moffet moved and Hitt seconded to approve the ordinance. The motion passed unanimously, 6-0. The seventh item on the agenda was the second reading of Ordinance # 7, Series of 2005: Consideration of a recommendation by the Open Space Board of Trustees to include 20 parcels of land in 16 areas as designated open space. On January 25, 2005, the Vail Open Space Board of Trustees met at a scheduled meeting and unanimously voted to recommend 20 properties (16 areas) to Council for Open Space Designation. Furthermore, .the Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in Attachment B referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. On February 15, 2005, Council requested staff determine the appropriate steps to designate a parcel of land as a park. The town attorney since then concluded the action should be done through the approval of an ordinance. Subsequently, Russ Forrest requested Council approve all or a portion of the recommended parcels of land for designated open space. In addition, staff requested direction on whether an ordinance should be developed and presented to the Council, designating three separate properties as parks, including the Middle Bench at. Donovan Park. Forrest reported no changes had been made to the ordinance since first reading, other than the inclusion of a legal description of Pirate~Ship Park. Hitt emphasized the three other parcels under consideration for park designation had been purchased with funds from the Real Estate Transfer Tax. Ruotolo asked, that parcel five on Spraddle Creek be removed from consideration for open space because of its close proximity to I- 70 and potential for other uses, such as an information center. Cleveland moved and Hitt seconded a motion to approve. The motion passed 6-1, with Ruotolo dissenting. The eighth item on the agenda was the Town Manager';s Report. - Revenue Recovery Group Town Manager Stan Zemler explained staff planned to engage the Revenue Recovery Group (RRG), an organization that' provides consulting and audit service to municipalities for sales and lodging taxes, franchise fees, and other tax v 4 issues. The primary service staff plans to use is a group audit in which RRG audits companies doing business in multiple jurisdictions to assure they are paying the proper amount of tax to each. Costs of the audit are shared among the agencies involved. Aspen recently recovered $165,000 from one company as a result of a group audit performed by RRG. Donovan asked that if approved, a letter be sent. to all business license holders in the town notifying them of the action. Moffet urged caution and asked staff to carefully monitor how RRG's compensation schedule is determined. The ninth item on the agenda was Adjournment. The meeting was adjourned at approximately 10:25 p.m. Moffet moved and Ruotolo seconded the motion to adjourn. The motion passed unanimously, 7-0. ._.. .. AGREEMENT REGARDING REPORTING AND FINANCIAL DISCLOSURES THIS AGREEMENT REGARDING REPORTING AND FINANCIAL DISCLOSURE (this "Agreement") is executed as of the day of April, 2005, by and between the TOWN OF VAIL, COLORADO, a municipal corporation (the "Town"), and TIlVIBER RIDGE AFFORDABLE HOUSING CORPORATION, a Colorado non-profit corporation (the "Corporation"). Recitals A. The Town assisted in the creation of the Corporation which owns and operates Timber Ridge Apartments located within the Town (the "Project") and the Town Council of the Town (the "Town Council") has served as the Board- of Directors of the Corporation (the "Board") until March 1, 2005. B. The Town Council acting as the Boazd has recently approved the First Amended and Restated Bylaws of the Corporation changing the composition of the Boazd. C. In consideration of this change, the reconstituted Boazd has agreed to provide ongoing disclosure to the Town concerning the operation, management and financial condition of the Corporation and the Project as described in this Agreement. Agreement NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which aze hereby acknowledged, the undersigned hereby agree as follows. 1. Monthly Disclosure Requirement. The Corporation hereby agrees to cause a representative of the Corporation, either in person or in writing as requested by the Town Council from time to time, to make a monthly report to the Town Council concerning the operation of the Project, to include an occupancy report and management report concerning, material events and, at least annually, a presentation of the Corporation's fiscal year budget. In addition, upon the written request of the Town Council, the Corporation shall provide additional information relating to the Corporation's operations, financial condition, tax status and any proposed or completed material transactions. 2. Quarterly Financial Disclosure. The Corporation hereby agrees to provide to the Town fiscal yeaz-to-date financial statements within 45 days after the close of each fiscal quarter setting forth a statement of income and balance sheet, in comparative form, with the financial figures from the corresponding period in the preceding fiscal year and within 120 days of the end of each fiscal year of the Corporation a copy of the Corporation's audited financial statements. 3. Town Remedies. In the event that the Corporation fails to comply with the requirements of this Agreement, the Town shall be entitled to seek specific performance thereof, .._ and if the Town prevails; it shall be entitled to recover from Corporation all of its costs and expenses incurred in connection therewith, including reasonable attorneys' fees and costs. 4. No Third Party Beneficiaries. This Agreement is for the benefit of, and may only be enforced by, the parties hereto. No third party shall have any rights, or be entitled to any remedies, arising out of this Agreement or any breach hereof. 5. Recitals. The Recitals set forth at the beginning of this Agreement are hereby incorporated in and made a part of the agreement set forth in this Agreement. 6. Successors and Assi s. This Agreement shall be binding upon and inure to the benefit of the parties and their .respective heirs, personal representatives, successors and assigns. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed a duplicate original. THE REMAINDER OF THIS PAGE INTENTIONALLYLEFT BLANKJ IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day, month and year first above written. ATTEST: By: ATTEST: Town Clerk TOWN OF VAIL, COLORADO By: Mayor TIMBER RIDGE AFFORDABLE HOUSING CORPORATION Chairman of the Board of Directors By: Secretary MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: April 5, 2005 SUBJECT: Update on the Vail Conference Center Staff: Russell Forrest PURPOSE The Conference Center Advisory Committee (Committee) is requesting permissiori to proceed through the development review process with the Conference Center plans reviewed by the Vail Town Council on March 15, 2005. 2. BACKGROUND On April 20, 2004, the Vail Town Council 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 Architectural Resource Consultants, Inc. 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 a request for qualifications (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 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, 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; and 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; and • Approval of next steps for master planning the Lionshead parking structure/conference center site. On September 21, 2004, the Vail Town Council, the Committee, Design Review Board (DRB) and Planning and Environmental Commission (PEC) reviewed five alternative 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. 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 (RFP). Those general contractors include: ^ Hansel Phelps Construction ^ Hunt Construction Group/Hyder Construction ^ M.A Mortenson Company c ,~ On November 2, 2004, the Vail Town Council approved a motion to forward the above mentioned contractors RFPs. 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 Committee reviewed the public input associated with the three design alternatives on November 1.8, 2004. After reviewing the public input and the associated costs with each design option, the Committee forwarded a recammendation 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. 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 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. On December 21, 2004 the Vail Town Council authorized that the Town purchase tap fees with the condition that the Eagle River Water and Sanitation District (District) provide a letter confirming that a tap fee could be used on the same site for a different use in the future and that the taps could be moved to another Town of Vail owned land. The District did provide a letter confirming this issue referencing the District's policies for doing tap transfers. The final cost of the tap fee was $297,896. On January 18, 2005, the Vail Town Council voted to continue to move in the direction of the "natural" design. The Vail Town Council did express concern about the roof of the facility. They furthermore asked that the design team develop alternative ideas for the roof of the facility. On March 15, 2005 the Vail Town Council received an update on the operational plan, design, and capital budget for the conference center. The Committee also forwarded a recommendation to the Vail Town Council to issue an RFP for operations, management, and marketing. In addition, the Committee recommended forwarding the design to the general contractors for pricing. The Vail Town Council approved both recommendations. 3. 4. DESCRIPTION OF REQUESTS Request Permission to Proceed through the Development Review Process On March 15, 2005, the design team provided a detailed review of the proposed conference center design and how they have responded to comments from the public, adjacent property owners, and the Vail Town Council. At that meeting, the Vail Town Council directed staff to forward the design to the general contractors for pricing. In addition, staff indicated that on April 5, 2005 we would ask for permission to present these plans to the PEC and DRB. The Committee has felt that obtaining initial input from the PEC and DRB prior to issuing bonds is important in determining whether the capital budget for the project is adequate. The Conference Center Town Council authorize process with the plans Council. NEXT STEPS Advisory Committee is requesting that the Vail staff to proceed through the development Review presented on March 15, 2005 to the Vail Town Proposed next steps include: • April 5, 2005: Request for council approval to move forward in the development review process. • Mid April: Receive proposals on construction costs & operations • April 11, 2005: 1st PEC &DRB Meeting • April 25, 2005: 2nd PEC meeting • May 3, 2005: Town Council Meetirig/Worksession • May 9, 2005: 3rd PEC Meeting • May 17, 2005: Town Council Meeting -Potential 1St Reading of Bonds F:\cdev\COUNCIL\MEMOS\05\conference center040505.doc 4 MEMORANDUM TO: Vail Town Council FROM: Conference Center Advisory Committee DATE: April 5, 2005 SUBJECT: Update on the Vail Conference Center Staff: Russell Forrest PURPOSE The Conference Center Advisory Committee (Committee) is requesting permission to proceed through the development review process with the Conference Center plans reviewed by the Vail Town Council on March 15, 2005. 2. BACKGROUND On April 20, 2004, the Vail Town Council 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 Architectural Resource Consultants, Inc. to be the Town's owner's representative and funding for the first phase of this contractor $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 a request for qualifications (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 fund this function until a decision is made by the Vail Town Council tQ 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; and 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; and • Approval of next steps for master planning the Lionshead parking structure/conference center site. On September 21, 2004, the Vail Town Council, the Committee, Design Review Board (DRB) and Planning and Environmental Commission (PEC) reviewed five alternative 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. 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 (RFP). Those general contractors include: ^ Hansel Phelps Construction ^ Hunt Construction Group/Hyder Construction ^ M.A Mortenson Company On November 2, 2004, the Vail Town Council approved a motion to forward the above mentioned contractors RFPs. 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 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. 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 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. On December 21, 2004 the Vail Town Council authorized that the Town purchase tap fees with the condition that the Eagle River Water and Sanitation District (District) provide a letter confirming that a tap fee could be used on the same site for a different use in the future and that the taps could be moved to another Town of Vail owned land. The District did provide a letter confirming this issue referencing the District's policies for doing tap transfers. The final cost of the tap fee was $297,896. On January 18, 2005, the Vail Town Council voted to continue to move in the direction of the "natural" design. The Vail Town Council did express concern about the roof of the facility. They furthermore asked that the design team develop alternative ideas for the roof of the facility. On March 15, 2005 the Vail Town Council received an update on the operational plan, design, and capital budget for the conference center. The Committee also forwarded a recommendation to the Vail Town Council to issue an RFP for operations, management, and marketing. In addition, the Committee recommended forwarding the design to the general contractors for pricing. The Vail Town Council approved both recommendations. 3. DESCRIPTION OF REQUESTS Request Permission to Proceed through the Development Review Process On March 15, 2005, the design team provided a detailed review of the proposed conference center design and how they have responded to comments from the public, adjacent property owners, and the Vail Town Council. At that meeting, the Vail Town Council directed staff to forward the design to the general contractors for pricing. In addition, staff indicated that on April 5, 2005 we would ask for permission to present these plans to the PEC and DRB. The Committee has felt that obtaining initial input from the PEC and DRB prior to issuing bonds is important in determining whether the capital budget for the project is adequate. The Conference Center Advisory Committee: is requesting that the Vail Town Council authorize staff to proceed through the development Review process with the plans presented on March; 15, 2005 to the Vail Town Council 4. NEXT STEPS Proposed next steps include: • April 5, 2005: Request for council approval to move forward in the development review process. • Mid April: Receive proposals on construction costs & operations • April 11, 2005: 1st PEC &DRB Meeting • April 25, 2005: 2nd PEC meeting • May 3, 2005: Town Council Meetirig/Worksession • May 9, 2005: 3rd PEC Meeting • May 17, 2005: Town Council Meeting -Potential 1St Reading of Bonds F:\cdev\COUNCIL\MEMOS\05\conference center040505.doc 4 ORDINANCE NO. 5 Series of 2005 AN ORDINANCE AMENDING SECTION 6-3C-5C OF THE VAIL TOWN CODE, CONCERNING THE POSSESSION OF LIQUOR BY UNDERAGE PERSONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing. under laws of the State of Colorado and the Town Charter; and WHEREAS, the members of the Town Council of the Town of Vail have been duly elected and qualified; and WHEREAS, certain text amendments are necessary to the Town of Vail Police Regulations, as they relate to the possession or consumption of liquor by underage persons, to be consistent with the Colorado Revised Statutes; and WHEREAS, The Town Council finds that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. Section 6-3C-5(C) of the Municipal Code of the Town of Vail is hereby amended to read as follows: (additions are shown in bold and underline; deletions are shown in C: Illegal Possession Or Consumption Of Liquor By Underage Persons: IEn (1) As used in this section, unless the context otherwise requires: La1 "Establishment" means a business. firm, enterprise, service or fraternal organization, club, institution, entity, group, or residence, and any real property, Ordinance No. 5, Series of 2005 1 including buildings and improvements, connected therewith, and shall also include anv members, employees, and occupants associated therewith L) "liquors" means any substance which is or contains ethyl alcohol Lc) "Possession of liquors" means that a person has or holds any amount of ethyl alcohol anywhere on his person. or that a person owns or has custody of ethyl alcohol or has ethyl alcohol within his immediate presence and control (d) "Private property" means anv dwelling and its curtilage which is being used by a natural person or natural persons for habitation and which is not open to the public and privately owned real property which is not open to the public "Private property" shall not include• ~I) Anv establishment which has or is required to have a license pursuant to article 46, 47, or 48 of title 12. C.R.S.; or (II) Anv establishment which sells ethyl alcohol or upon which ethyl alcohol is sold; or (111) Anv establishment which leases rents, or provides accommodations to members of the public generally. L) Anv person under twenty-one nears of age who possesses or consumes ethyl alcohol anywhere in the town of Vail commits illegal possession or consumption of liquors by an underage person Illegal possession or consumption of liquors by an underage person is a strict liability offense. (3) It shall be an affirmative defense to the offense described in subsection (2) of this section that the ethyl alcohol was possessed or consumed by a person under twenty one years of age under the following circumstances• (a) While such person was legally upon private property with the knowledge and consent of the owner or legal possessor of such private property and the ethyl alcohol was. possessed or consumed with the consent of his parent or legal guardian who was present during such possession or consumption• or Ordinance No. 5, Series of 2005 (b) When the existence of ethyl alcohol in a person's body was due solely to t_he ingestion of a confectionery which contained ethyl alcohol within the limits prescribed by Section 25 5-410 (11' (i) (II) CRS : or the inaestion- of any substance which was manufactured, desianed, or intended primarily for a purpose other than oral human ingestion; or the inaestion of any substance which was manufactured. desianed,or intended solely for medicinal or hygienic purposes; or solely from the inaestion of a beverage which contained less than one-half of one percent of ethyl alcohol by weight.. (c) The person is a student who: (I)' Tastes but does not imbibe an alcohol beverage only while under the direct supervision of an instructor who is at least twenty-one years of age and employed by a post-secondary school; (II) Is enrolled in a university or apost-secondary school accredited or certified by an aaencv recognized by the United States department of education, a nationally recognized accrediting aaencv or association, or the "Private Occupational Education Act of 1981", article 59 of title 12, C.R.S.; (III) Is participating in a culinary arts, food service, or restaurant management degree program; and (IV) Tastes but does not imbibe the alcohol beverage for instructional purposes as a part of a required course in which the alcohol beverage, except the portion the student tastes. remains under the control of the instructor. (4) The possession or consumption of ethyl alcohol shall not constitute a violation of this section if such possession or consumption takes place for religious purposes protected by the first amendment to the United States Constitution. (5) Prima facie evidence of a violation of subsection (2) of this section shall consist of: (a) Evidence that the defendant was under the age of twenty-one years and possessed or consumed ethyl alcohol anywhere in the town of Vail; or Ordinance No. 5, Series of 2005 (b) Evidence that the defendant was under the age of twenty-one years and manifested any of the characteristics commonly associated with ethyl alcohol intoxication or impairment while present anywhere in the town of Vail. !6) During any trial for a violation of subsection (21 of this section, any bottle, can, or any other container with labeling indicating the contents of such bottle, can, or container shall be admissible into evidence, and the information contained on any label on such bottle, can, or other container shall be admissible into evidence and shall not constitute hearsay A fury or a fudge, whichever is appropriate, may consider the information upon such label in determining whether the contents of the bottle, can, or other container were composed in whole or in part of ethyl alcohol. A label which identifies the contents of any bottle, can, or other container as "beer", "ale" "malt beverage", "fermented malt beverage", "malt liquor" "wine", "champagne", "whiskey" or "whisky", "gin". "vodka", "tequila", "schnapps", "brandy". "cognac", '°ligueur", "cordial", "alcohol", or "liquor" shall constitute prima facie evidenc® that the contents of the bottle. can. or other container was composed in whole or in part of ethyl alcohol. (7) The qualitative result of an alcohol test or tests shall be admissible at the trial of any person charged with a violation of subsection (2) of this section upon a showing that the device or devices used to conduct such test or tests have been approved as accurate in detecting alcohol by the executive director of the department of public health and environment. (8) Upon the expiration of one year from the date of a conviction for a violation of subsection (2) of this section any person convicted of such violation may petition the Vail Municipal Court for an order sealing the record of such conviction. The Court shall grant such petition if the petitioner has not been arrested for, charged with, or convicted of any felony misdemeanor or petty offense during the period of one year following the date of such petitioner's conviction for a violation of subsection (21 of this section. Section 2. It is unlawful for any person to violate any of the provisions of this Ordinance. Every person convicted of , a violation of any of the provisions of this Ordinance shall be punished In accordance with the General Penalty provision of the Vail Town Code, Section 1-4- 1, which provides for a fine not exceeding nine hundred ninety-nine dollars ($999.00) or Ordinance No. 5, Series of 2005 incarceration not exceeding one hundred eighty (180) days, or by both such fine and incarceration. .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. This ordinance shall be effective five (5) days after publication following final passage. Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 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, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 15St day of March, 2005 and a public hearing for second reading of this Ordinance set for the 5th day of April, 2005, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Rodney E. Slifer, Mayor ATTEST: Ordinance No. 5, Series of 2005 5 Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED.PUBLISHED in full this 5T" day of April, 2005. Rodney E. Slifer, Mayor Attest: Lorelei Donaldson, Town Clerk Ordinance No. 5, Series of 2005 6 r ORDINANCE NO.8 Series of 2005 AN ORDINANCE FOR THE CONVEYANCE TO THE VAIL CORPORATION, DB/A VAIL ASSOCIATES, INC., OF CERTAIN PORTIONS OF TRACT C, VAIL/LIONSHEAD FIRST FILING, AND TRACT C, VAIL/LIONSHEAD -THIRD FILING, WHICH ARE OWNED BY THE TOWN OF VAIL, AND FOR THE VACATION AND TERMINATION OF CERTAIN EXISTING PUBLIC UTILITY AND DRAINAGE EASEMENTS WITHIN VAIL/LIONSHEAD, FIRST AND THIRD FILINGS, ALL IN CONNECTION WITH THE DEVELOPMENT OF THE LIONSHEAD "CORE" SITE, A/K/A ARRABELLE AT VAIL SQUARE. WHEREAS, the Town of Vail (the "Town"), Vail Reinvestment Authority, and The Vail Corporation, d/b/a Vail Associates, Inc. ("Vail Associates") are parties .to that certain Core Site Development Agreement dated as of ,November 8, 2004 (the "Development Agreement"); initially capitalized terms used but not defined herein shall have the meanings ascribed thereto in the Development Agreement; and WHEREAS, acting through the Town's applicable departments and agencies, including the Town Council, the Director of Community Development, and the Director of Public Works, and in furtherance of the execution of the terms under the Development Agreement, including the Town's obligations, the Town has determined to convey to Vail Associates those portions of Tract C, VaiULionshead First Filing, according to the recorded plat thereof ("First Filing"), and Tract C, VaiULionshead Third Filing, according to the recorded plat thereof ("Third Filing"), that aze owned by the Town, and that, pursuant to development designs and plans approved by the Town (acting through its Planning and Environmental Commission), fall within the building envelope and improvements azeas for the pending development project being undertaken by Vail Associates, generally referred to as the "Core" project and also as "Arrabelle at Vail Square," and governed by the Development Agreement (the "Core Project"); this conveyance shall be effectuated by granting to Vail Associates the interests of the Town in and to such building envelope and improvements azeas, .which are to be platted as and constituted by Lot 1, Lionshead Sixth Filing ("Sixth Filing"), according to the plat thereof as ultimately approved and adopted by the Town (said Lot 1 being referred to herein as the "Core Site"); and WHEREAS, again in furtherance of the undertaking of the Core Project and the execution of the Development Agreement, the Town has determined to terminate certain pre- existing utility and drainage easements within certain portions of First Filing and Third Filing, which easements are being replaced and/or reconfigured in connection with the Core Project; 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. 644374.4 RCF7SH NOW, THEREFORE, BE IT ORDAINED ~BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Town shall convey to Vail Associates all of the Town's right, title and interest in and to the Core Site, as held by the Town as of the making of the Development Agreement and presently, and hereby authorizes the Town Manager, in consultation ~i with the Town Attorney, to execute a quitclaim deed (the "Town Core Site Deed") and such other documents and instruments as the Town Manager may consider to be necessary or appropriate for purposes of completing that conveyance; provided, however, that the completion of the conveyance shall be subject to the following terms: (a) The conveyance is and shall be conditioned upon, and completed as part of and contemporaneously with, the completion of the Closing under the terms of the Development Agreement. (b) The Town Core Site Deed will expressly reserve to the Town the Town's interests under the Termination Easements (defined below) that fall within the Core Site, subject expressly to the termination of the reservation upon the satisfaction of the Termination Conditions (again as defined below). The Town Core Site Deed will be recorded following the the Town will join in the Sixth Filing Plat in its propriety any portions of the property conveyed under the Town Lionshead Mall access way, those portions shall be inch easements to be granted under paragraph 10 of the De permitting pedestrian and, if applicable, emergency ve portions. Section 2. ~cordation of the Sixth Filing Plat, ,and capacity as an owner. In addition, if ''ore Site Deed are located within the ed within the courtyard access public lopment Agreement for purposes of cle access over the surface of such The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination") certain utility and drainage easements in accordance with and subject to the following provisions: (a) The easements that are the subject of the Termination are identified as follows: all utility and drainage easements within Tract C, First Filing, and Tract C, Third Filing; within Lot 4, Block 1, First Filing; ~ and within Tracts G and H, Third Filing, all of which easements were originally dedicated and granted to the Town on First Filing or Third Filing, as applicable ,(the "Termination Easements"). All utility and drainage easements set forth within the platted properties on Sixth Filing will constitute Termination Easements (except for any utility easements expressly in favor of any utility supplier other than the Town). (b) The Termination of the Termination Easements will be subject to the following conditions and requirements: ~. 644374,4 RCF[SH 2 ~~ P (i) The Termination will not become effective prior to the completion of the Closing under the Development Agreement. (ii) As a condition to the effectiveness of the Termination, replacement easements must be established in favor of the Town, by grant to the Town pursuant to the terms of the Sixth Filing Plat and/or pursuant to other record dedications, to _ accommodate the pertinent utility and drainage facilities as they are to be configured or reconfigured in connection with the Core Project (the "Replacement Easements"). Replacement Easements to be located within Town-owned properties will be granted by the Town, subject to the applicable terms of the Development Agreement. (iii) As a further condition to the effectiveness of the Termination, the existing utility and drainage facilities within the Termination Easements must be relocated and/or reconfigured within the Replacement Easements in accordance with the ordinary installation requirements of the Town or pertinent utility supplier, as applicable. The foregoing conditions and requirements set forth in subparagraphs (i), (ii) and (iii) above are sometimes referred to hereinafter collectively as the "Termination Conditions." (c) The Town Manager, in consultation with the Director of Public Works and the Town Attorney, is hereby authorized to execute and record an acknowledgment of the satisfaction of the Termination Conditions when the Town Manager determines that the Termination Conditions have been satisfied, which recorded acknowledgment shall attach a copy of this Ordinance; the execution and recordation of such. acknowledgment shall be conclusive that the Termination Conditions have been satisfied, and thereupon the Termination will be fully effective, such that the Termination Easements are of no further force or effect. (d) The termination of the Termination Easements pursuant to the provisions of this Ordinance shall be referenced on the face of the Sixth Filing Plat. (e) Upon the satisfaction of the Termination Conditions, the Town Manager, in consultation with the Town Attorney and in addition to executing and recording the acknowledgment of the satisfaction of the Termination Conditions, shall execute such further quitclaim deeds and other documents and instruments as Vail Associates may reasonably request to confirm and evidence the Termination of the Termination Easements. 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 declazes 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. 644374.4 RCFISH 3 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 Val and the inhabitants thereof. Section 5. i i All bylaws, orders, resolutions and ordinances, or part's 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. i INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 15th day of March, 2005. 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 5th day of April, 2005, in the Municipal Building of the Town. Mayor ATTEST: Town Clerk i INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL the 5th day of April, 2005. Mayor ATTEST: Town Clerk ^~. 644374.4 RCFISH q. RESOLUTION NO. 5 Series of 2005 A RESOLUTION DESIGNATING THE FOLLOWING AS SIGNERS: . STAN ZEMLER, PAMELA A. BR.ANDMEYER, AND JUDY G. CAMP ON THE INVESTMENT ACCOUNT HELD AT .CHARLES SCHWAB AS PERMITITTED BY THE CHARTER OF THE TOWN, ITS ORDINANCES, AND THE STATUES OF THE STATE OF COLORADO. WHEREAS, the Town has the power to designate banks or financial institutions for funds of the Town; and WHEREAS, the Town wishes to designate Stan Zemler, Pamela A. Brandmeyer, and Judy G. Camp as signers on this account. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Vail, Colorado, as follows: 1. Stan Zemler, Pamela A. Brandmeyer, and Judy G. Camp are hereby designated as signers for the Account for the funds of the Town of Vail. 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 5~` day of April, 2005. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk RESOLUTION N0.6 Series of 2005 A RESOLUTION, PURSUANT TO SECTION 8-1-21(8)(2) VAIL TOWN CODE, AUTHORIZING STREET-CUT .PERMITS TO BE ISSUED BETWEEN MARCH 15 AND APRIL 15 OF EACH YEAR IN CERTAIN CIRCUMSTANCES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, approximately $1 billion in redevelopment is proposed in the Town of Vail over the next several years which will have many physical and economic impacts on the Town's businesses, guests and residents; and WHEREAS, the Council wishes to minimize the negative impacts of this unprecedented amount of construction activity on the Town's businesses, guests. and residents. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Pursuant to Section 8-1-21(8)(2) of the Vail Town Code, the Council hereby authorizes the Town Manager, in consultation with the Town Director of Public Works, to allow street-cut permits to be issued so as to allow a street opening or pavement cut in the public right of way between March 15 and April 15 of each year, subject to the following findings: By authorizing astreet-cut permit to be issued so as to allow a street opening or pavement cut in the public way prior to April 15: 1. Economic and physical impacts on merchants affected by the construction activity proposed will be reduced and/or mitigated. 2. Negative traffic impacts would be mitigated and emergency response capabilities would be improved. 3. Coordination with other public or private projects will be improved which would affect traffic, emergency response, utility work, Town economics and/or a hardship on Town businesses. Resolution No. 6, Series of 2005 1 Section 2. The authority granted pursuant to this Resolution shall terminate on April 1, 2008, unless sooner extended or terminated by separate resolution of the Council. i Section 3. ~I If any part, section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Council hereby declares it would have passed this Resolution, 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 Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. This Resolution shall take effect immediately upon its passage. i INTRODUCED, READ, APPROVED AND ADOPTED THIS 5th DAY OF APRIL, 2005: Rodney E.~ Slifer, .Mayor, Town of Vail ATTEST: Lorelei Donaldson, Town Clerk i 2 A TO: Vail Town Council FROM: Russ Forrest, Community Development Director Matt Mire; Town Attorney DATE: April 5, 2005 SUBJECT: Resolution No. 7, Series of 2005: Proposed Parcels.for Park Designation Staff: Russ Forrest 1. PURPOSE On January 25, 2005, the Vail Open Space Board of Trustees, at a scheduled meeting, unanimously voted to forward a recommendation to the Vail Town Council that the properties in Attachment A of Resolution No. 7 referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. These three properties include: Parcel A: Middle bench of Donovan Park; Parcel B: Tract A, Vail Village Filling 13; and Parcel C: Unplatted parcel of land in East Vail, South of the Main Gore Drive South. . The Town Attorney has researched the process for designating these properties as parks and has concluded that approving a resolution is the appropriate process. Designation as a park does not mean that the sites must be developed into active recreational areas. The Town can elect to keep them as undisturbed natural areas. Zoning does control the amount of recreational development that can occur on the sites. The Natural Area Preservation District for example limits permitted uses to nature preserve while the Outdoor Recreation District allows for bicycle paths and pedestrian walkways, interpretive nature walks, nature preserves, passive outdoor recreation areas, and open spaces. c 2. BACKGROUND The 1994 Comprehensive Open Lands Plan (The Plan) references all three of these parcels. This Plan provides a long term plan for open space, parks, and trails for the Town of Vail. The Plan has the following references for the three above mentioned properties: i Parcel A: Middle bench of Donovan Park: The Plan references an approved Master Plan for Donovan park that includes a number of active recreation program elements. The Plan recommends "that the Town should revisit the Master Plan to ensure that the program developed in 1985 is relevant to today's needs." See Attachment B for the Donovan, Park Master Plan. Parcel B: Tract A. Vail Villaae Filina 13: The Plan references the discussion occurring at the' time regarding locating a Par 3 golf course on the property. The Plan furthermore states "if the VRD does not receive a favorable vote of the people by December 1, 1994 and receive a Section 4040 permit by December 1, 1995, it is this plans recommendation that the property remain as natural open space because of the wetlands on the site." I i Parcel C: Unplatted parcel of land in East Vail adjacent to East Vail Water Tank The Plan recommends this as a high priority action to acquire and keep as open space. The Plan discusses a potential trail in this area. The site has very attractive natural features and is currently undisturbed. Attachment A: Resolution No. 7, Series of 2005 Attachment B: Donovan Park Master Plan: references to Middle Bench F:\cdev\COUNCIL\MEMOS\2005 desigopenspace\parkdesignation040505.doc RESOLUTION NO. 7 Series of 2005 . A RESOLUTION DESIGNATING THREE PROPERTIES IDENTIFIED IN ATTACHMENT A AS PARKS.IN THE TOWN OF VAIL; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on January 5, 2005, the Town of Vail Open Space Board of Trustees voted unanimously to forward a recommendation to the Vail Town Council that the properties in attachment A referenced as A, B, & C be considered for designation as parks so that they could be considered for designated open space in the future. WHEREAS, these properties are currently owned by the Town of Vail and undeveloped; and WHEREAS, the Vail Town Council finds that these properties are important in preserving the open space character of the Town of Vail and providing passive outdoor recreational opportunities; and WHEREAS, the three properties referenced in Attachment A were purchased with Real Estate Transfer Tax funds; and WHEREAS, the Vail Town Council finds that the properties identified in attachment A are important to designate as parks to ensure the health, safety, and welfare of the Town of Vail. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby designates the three properties identified in Attachment A as Town of Vail parks. 2. If any part, section, subsection,. sentence, clause or phrase of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Resolution, and the Town Council hereby .declares it would have passed this Resolution, 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. 3. The Town Council hereby finds, determines and declares that this Resolution is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. 4. 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. . NOW, THEREFORE, BE TT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO as follows: Section 1. The Town shall convey to Vail Associates all of the Town's right, title and interest in and to the Core Site, as held by the Town as of the making of the Development Agreement and presently, and hereby authorizes the Town Manager, in consultation with the Town Attorney, to execute a quitclaim deed (the "Town Core Site Deed") and such other documents and instruments as the Town Manager may consider to be necessary or appropriate for purposes of completing that conveyance; provided, however, that the completion of the conveyance shall be subject to the following terms: (a) The conveyance is and shall be conditioned upon, and completed as part of and contemporaneously with, the completion of the Closing under the terms of the Development Agreement. (b) The Town Core Site Deed will expressly reserve to the Town the Town's interests under the Termination Easements (defined below) that fall within the Core Site, subject expressly to the termination of the reservation upon the satisfaction of the Termination Conditions (again as defined below). The Town Core Site Deed will be recorded following the recordation of the Sixth Filing Plat, .and the Town will join in the Sixth Filing Plat in its proprietary capacity as an owner. In addition, if any portions of the property conveyed under the Town Core Site Deed aze located within the Lionshead Mall access way, those portions shall be included within the courtyard access public easements to be granted under paragraph 10 of the Development Agreement for purposes of permitting pedestrian and, if applicable, emergency vehicle access over the surface of such portions. Section 2. The Town hereby vacates, abandons, relinquishes, releases and terminates (the "Termination") certain utility and drainage easements in accordance with and subject to the following provisions: (a) The easements that aze the subject of the Termination aze identified as follows: all utility and drainage easements within Tract C, First Filing, and Tract C, Third Filing; within Lot 4, Block 1, First Filing; and within Tracts G and H, Third Filing, all of which easements were originally dedicated and granted to the Town on First Filing or Third Filing, as applicable (the. "Termination Easements"). All utility and drainage easements set forth within the platted properties on Sixth Filing will constitute Termination Easements (except for any utility easements expressly in favor of any utility supplier other than the Town). (b) The Termination of the Termination Easements will be subject to the following conditions and requirements: ~. 644374.4 RCFISH 2 Attachment A Lands to be designated as Park Reference Le al Parcel Zonin .Parcel. A Middle Bench of Donovan 2103-123-00-011 Agriculture Open Park-Un tatted S ace Parcel B Tract A, Vail Village 13t 2101-034-03-002 Outdoor Recreation Filin Parcel C Unplatted land adjacent to 2099-182-00-002. Natural Area East Vail Water Tank Preservation Donovan Park Donovan Park is actually two separate and distinct open space parcels which are separated by a residential area.' The upper portion of the park con- sists of mountain property in which the parkas situated on a northwesterly facing slope with splendid views of Gore Creek and the Gore mountain range towards the east. The site is partially bisected by Matterhorn Circle, an unpaved subdivision access road which greatly disrupts the limited develop- able area existing on the site. The lower portion of the site is a smaller 12 acre parcel of land bordered on the north by the Frontage Road and Interstate 70 and on the south by.the Gore Creek. Two terraces step down the site toward the Gore Creek, of which, the samll upper terrace affords a grand view of the entire site and Creek bottom. Access to the lower portion is lim ited to the northwestern corner of the site where Matternhorn Circle and the Frontage Road connect. There is no development currently' existing on either portion of Donovan Park. Surface runoff conditions, groundwater and existing soils are very similar to those found in Ford Park, as are other areas of the Valley. However, • the upper portion of Donovan Park has two very serious geologic conditions which will greatly affect the long-term development of the Par. k. A "creep slope" condition exists within a portion of the open meadow, approximately where the very steep slopes begin at contour elevation 8,070, which is immediately southeast of the Matterhorn Circle gravel road. This severely interferes with the potential for development here because of possible dis- turbance of the bedrock underlying the unstable soil mass. In addition to this problem, a 'debris flow'- area exists towards the southwestern quadrant of the site. Any disturbance of the site in this area may cause the debris flow to change direction and endanger adjacent residential properties. 6 I~~ '_ r, ~~~. ,.. ~? ;~`' Plant associations and communities are also similar to the of rponovansPark atterns of vegetation on the lower porno however, the p are more interesting and complex, suggesting that many factors have playe a role in shaping them. Recent history of this area ore alla t communan actions related to adjacent development h nt whentoneedvisually inspects the ties and introduced others. This ~s evide er or- site from west to east. The higher mountain elevations on the upp p tion of the site include transition areas, where open meadows change to lant types such as, quaking understory shrubbery with various overstory p aspen and. lodgepole.pine, which alternate dominance depending on the local microclimatic conditions. There is no existing development on either portions of Donovan Park, which makes recreational development easier to phase and implement without ensete fering with existing on-site uses. While the upper portion of th offers the best viewsheds of the valley, it offers the least potential for reasonable development due to its severe site constraints. Th as othe best tion of the park site, while less dynamic in its viewsheds, h access and protection to its opportunities for development affording easy it also provides Vail developed recreational facilities• tifulF backd p' of the Gore Creek, a residents and visitors with a beau natural amenity to be enjoyed by all. 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I ~ ~aeah ..+h m v,~ ~~ I ,6,f/r ,~ ~~~ 1 . { \~.~~ L.I,;. I,,. .~~INI(Illllll, ~ re.k,,, - ~ wl ~ ~i~~ :.~. 6 ~ I q I /// := `c ~9tl /~ 11 ~r ~~ wyo-eMq~~~fil y ~~.<,~ .. .. __.., a _„ r.....~m ~ ~ ~rlll~~// lu ~i((~ ~ll~~~~Yllllll,w,~l "~ f .1 sn~eNn~fiL~e c.Con ~ \ ' m "-.wmeh ~.rto;: ..~- rval, I>r~ee ~~srre rtt ecs . ~" i `,"l e'ro` v~"aela'~t"u m~:,w ~ ~-~ elsmlavlha~ri,~ umnee~'~ ~w~`~'.~ `vuay J Nom. a:.. !xr P vie n a Aritial Imfaci .xuvyv[y~u(tm, - O m, a-i uro1„~¢ ,w~ty~~ r .. niyl y dar. -~ sn<P USes .unwllmae /^ ~ dM1.C~~ r~aH~m~ 4'~ hM ~ ~ttb~Jfi[m MIG v 4~ f, esi.~ Fx~vtmE[u~bp U ~ ~ flw b 19 ,,`~y~ 4i ~4RC?~ ~zu4'¢'6NWWonvx Ibwt~~rn~ . aJ l 5 ~aa--nmsnvmaln,4 r~ ~;n.~~ma e,=,n~, ~ MA~T'ER : -PLAN r . DEVELOPhVIENT - ~--_. w "III-II~~~--\\\VV~~I III ~ ~' I~ ~~~ ~`;n tiU®0 600 ~ of~~ p,ty , C~ ~~~ ~C~ ~~~~ n ~ ~ ~o~ n of Vail p opmrnt ~~ TE3g aS5«lales, ;~. ,.~ . ,aas ,• ' I(If f L_ . I; Schematic Design A n hc't~~c fM~. nM - ~~, ~ry ~..urm,~,~L~ (titnard ~i+e fiM ,~~ .., F ~_ - - ,' ~~ ~ ~~ .s ~g~ E.~.~ P.~ ,,< J`! ~~ ~I~~NI~ ~, _; jU l/ ~~~ ~-- Schematic Design B (~L ` i`-~ ~~~ ~ ~~. ~~ It%,a { I r~ ~ w 9 Schematic Design ~~ -- ~ - _-~;= ~~ .} ~ ~, ~ ,r;; ~ '~ ~ ~, r ~~, t~o~~ ~~ I,. ~ ~ ~7%//., ~I JIII fI ~ .n.o: r _ ~~~9 ~ `,. , , ! a, 1 ~ :: I /~,I l l ~lll C ~--`~ 7 ~' i , ~' f ~ % % % ~ II ~~ -,h~ /~/.~~/~~ "~i ~~C~S'9-'-~ _> ~~' • ~i ~/ Ili ~~ ~r~.j~~ ~~r/~ .,. ~.~ =.{n~d"g >~~~ nr y.~i:~ r~.~ ~ d,~r. ~~j °' ' ..fit l~ ~ /. / ' '` ~, 4~`--- _ ~ ° '~ ~~ i ~ ~/ / ~ ~ ,; ~x+ ~_~ - ~~2' b //%i,~~~'~ / %' ~] ~; e ~. l/ r ~ Il~, 1 m~ ~= ~ ~ i l/ _ _ - ~ - % l~i c~,,; jur 1 J .//~ / ', _ _ _ ~ _. ~ ~~~ ~~,~~t I ~ i- ~ ~ . ~~ ..6~~ ~ ~ ,~~,,,.~„v~, ~ ..__.~__., .~..~..~.~; x,~ ~a~l~~~i~Ali~ ,~, .. ~ .- ~ ,o ~ . ..~~.~.~~.~~~~'~~u~~aw.~~_.,.~.I~lllll~~i,.....' r MA~rER : ,]PLAN ~~~~~ I~ ~~` ~ ~ ~ DEVET,OPIVIENT ~~ J ~ I ~ Town of ~ayl ~ ,~ D ~ \ 1111~~~Ifff ]TOO- 00 6100 BRc~ of wmmumty scale ~ THg assoc~aies im L.~ /L\1 ~ ~J ~ ~~~~~C C~ -:.: ~ ~~t w.ncH ~x. ices _ . _ __.._~...y~.____.~ .._ . Z 1 Subarea Plan 'A' Differs from the base plan in that the skating pond was relocated to the west of the. open meadow adjacent to the Recreation Department, storage building. Amphitheater service area has been moved to the main entrance of the facility instead of along the steep embankment. A larger outdoor plaza space exists between pool and amphitheater complex. Pool building concept includes a glassed gallery at the drop-off area. Subarea Plan 'B' The. pool complex changes to include a proposed covered mezzanine deck over the. pool tank and a southeasterly solar orientation. The outdoor spaces join together the pool complex and amphitheater and form one large recrea- tion complex. A larger parking area was also realized by making this com- bination. While this alternative had merit in regard to reduced visual impact of the facility, common outdoor use spaces, and possible shared con- struction methods, the organizers of the amphitheater project felt that conflicts between the two different users could not be overcome. Subarea Plan 'C' A more urban looking design 'sans' pool complex., This design became the basis of a fall back position should the pool complex fail to become a reality. Emphasis was placed on developing the pedestrian space between the skating pond and the amphitheater entrance. This alternative has many positive features, but the urban design elements were felt to be out of place in the mountain environment of the Park. DONOVAN PARK Concept Alternative Base Plan As per the Ford Park plan, this plan follows the approved schematic rela- tionships of the program elements. Parking is adjacent to the access road and is screened from view. The large open turf play area has been placed in the more level and open portion of the-site and adjacent to the play areas. The play areas sit on a terraced portion of the site and below a prominent ridge area for protection. ;:~ .: 21 The outdoor skating pond and picnic areas are located in the most sheltered area of the site and away from high activity areas.. The bike/pedestrian path follows Gore Creek and is in accordance with they Vbenchrp.ortionaof The potential Town cemetery site is shown on the upp Donovan Park, and in the open meadow area. Matterhorn Citcactinas abean realigned to create a larger open space with the old a,lignmen 9 interior roadway due to existing underground utilities. The upper bench low potential for highly developed recrea- portion of Donovan Park has very tional use due to severely steep and. wooded terrain over much of the site, and a 'creep slope' condition south of the .subdivision roadway (Matterhorn Circle) at approximately contour elevation 8,070 ft. Subarea Plan 'A' Very similar .to the base plan except for some size and configuration changes on many of the activity areas. Subarea Plan 'B' Again, quite similar to the other plans with the exception of an expanded parking .area and circular drop-off. Subarea Plan 'C' ; . ry An alternative for the potential Town cemetery utilizing the existing ~^ Matterhorn Circle roadway and placing developed cemetery land on either side. ,This alternative was favored by the Steering Cortherestudy tof this Council.. It was suggested by the.. consultant that f site and other potential cemetery sites be carried on thadethislnportioneof location for a Town cemetery. It also recommended . `x~_. Donovan park remain as part of the Town's open space. a ~ this phase of the study, the Consultant team and i Steering Commit ee w :., { ng Dur had several; three to four-hour working sessions where they reviewed t e concepts, and proposed changes or modifications to them based upon outside f actors and scenarios which would have an influence on the Park develop- `~ ment. Once completed, all changes and modifications were synthesized onto - ~;; j ~,~: `=-i final Conceptual Plans for presentation to Town Council the Planning , and ~, ~i and Environmental Commission. ~a -~ ~. ~ ~ '~~` 22 _ r Significant aspects of the final Conceptual Plans included: \j . Location of high use facilities away from those of a more passive nature, i.e., children's play area vs. stream-side picnic. . Adaptation of major structures to the site topography such as stepping the pool complex into upper bench slope. . Continuous bike/pedestrian paths through the Parks with additional stream crossing points for increased accessibility. . Parking areas adjacent to Frontage Road and separated from areas with .children. . Berms and landscape buffers are used for protective screening and to create a feeling of privacy in activity spaces. . Southern orientation of winter use facilities such as-the pool complex and parking areas to increase passive solar heating and snow removal. • Orientation of pond areas to take advantage of water .sources and winter shade patterns. . The identification .of a potential site within the upper bench portion of Donovan Park for a proposed Town cemetery. (Note: no final determ- ination has been made in regard to a cemetery location within the Town of Vail as a study for this purpose has not been conducted at this writing, nor is it within the purview of this study to locate poten- tial Cemetery sites.) The Design Concept plans are included as attachments to this section of the study. c 23 MEMORANDUM March 24, 2005 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: February Sales Tax On the reverse side, please find the latest sales tax worksheet. I estimate I'll collect another $66,000.00 in February sales tax to bring February collections to $2,400,687.00. If so, we will be up 6.75% or $151,822.00 from budget and up 1.60% or $37,862.00 from February 2004. Attached please find two worksheets that report on the conference center tax collection. onth 9sa 995 998 997 998 999 Town of Vail Sales Tax Worksheet 3/24/2005 2000 2007 2002 003 004 udget Change % Change 2005 Budget /rom /rom Co!/actions Variance 2004 Budget January 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 2,225,841 2,118,488 2,243,485 .124,997 0.79% 5.90% February 1,814,495 1,816,107 1,993,389 2,089,673 2,153,121 2,021,486 2,223,670 2,366,321 2,281,833 2,111,163 2,362,825 2,248,865 2,334,687 85,822 -1.19% 3.82% Total _ ~: _ ,, t , i w ~,~,. - _ t i.i - :'~., ~~ ~ , ~~~~ ~,.i~_ _ 3. 1 ~b. ,ir, -1 "..q~ fir.: - - i ,~ - ~ - ~~ - - ;67 ~,3 ~ ~i~ ,,~ 33°k March 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 2,344,178 2,231,117 April 794,668 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875, 871,468 992,157 844,305 May 287,315 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 391,744 June 548,820 590,685 594,907 630,366 633,400 692,811 721,774 751;439 657,707 742,755 732,113 696,803 Ju~V 892,630 893,483 963,717 1,043,637 1,107,882 1,130,883 1,235,470 1,157,867 1,044,966 1,075,532 1,128,514 1,074,085 August 891,566 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 946,482 September 725,205 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 720,521 October 408,405 461,791 413,573 472,636 515,531 536,204 547,201 486,570 484,425 508,092 532,537 506,853 November 594,491 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 593,567 December 1,992,855 1,994,540 2,068,851 2,254,709 2,070,834 1,883,805 2,062,205 1,933,940 2,139,417 2,171.098 2,362,095 2,248,170 Total 13,007,013 13,030,448 13,7.19,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 15,466,979 14,621,000 4,578,172 210,819 onth 003 Town of Vail Conference Center Retail Tax (.5%) Worksheet 3/24/2005 2005 Budget 2004 Budget Co/%cUons Variance Change from 2003 Change from Budget January 233,274 267,013 245,637 267,974 22,337 0.36% 9.09% February 250,236 283,480 260,830 279,017 18,187 -1.57% 6.97% Total 483,510 550,493 506,467 546,991 40,524 0.64°b 8.00% March 283,013 284,547 258,952 April 99,694 115,624 109,419 May 46,376 46,172 45,406 June 83,981 83,918 80,741 Juty 122,562 130,300 124,611 August 119,843 115,092 109,760 September 78,107 87,126 83,472 October 57,330 60,325 58,721 November 67,602 71,641 68,792 December 253,449 276,725 260,659 Total 1,695,467 1,821,963 1,707,000 546,991 40,524 onth Town of Vail Conference Center Lodging Tax (1.5%)Worksheet 3/24/2005 2005 Budget 2003 2004 Budget Co/%ctions Variance Change from 2004 Change from Budget January 258,035 304,140 276,303 305,997 29,694 0.61% 10.75% February .314,645 354,159 321,744 361,497 3.9,753 2.07% 12.36% Total 572,680 658,299 598,047 667,494 69,447 1.40% 1 1.61 March 342,984 333,006 302,527 April 64, 246 87,147 79,171 May 15,964 18,027 16,377 June - -- - - 54,153 - -56662 51-,476- --_ -- - ------ - - - - - July 84,422 94,611 85,951 August 81,820 82,900 75,312 September 42,569 48,706 44,248 October 25,131 28,707 26,080 November 29,089 33,037 30,013 December 260,232 289,276 262,798 Total 1,573,290 1,730,378 1,572,000 667,494 69,447 ~~ MINUTES REGULAR MEETING VAIL PARK AND RECREATION DISTRICT d/b/a VAIL RECREATION DISTRICT BOARD OF DIItECTORS 5:00 P.M. Tuesday, February 22, 2005 Town of Vail Council Chambers MEMBERS PRESENT Nino Licciardi, Julie Hansen, Peter Cook, Scott Proper, Michelle Hall STAFF PRESENT Mike Ortiz, Jody Blackburn, Amy Ludke TOV MEMBERS Diana Donovan, Kent Logan, Pam Brandmeyer PRESENT OTHERS PRESENT Kent Rose, A variety of Members from the Community CALL TO ORDER Nino called the meeting to order at 5:00 p.m. and welcomed Mike Ortiz as the new Vail Recreation District, Executive Director. APPROVAL OF 2/08/05 MEETING MINUTES Michelle moved to approve the February 8th minutes as written. Peter seconded. Approved Unanimously. PUBLIC INPUT OF ITEMS NOT ON AGENDA Kent Rose began the meeting by stating that he was going to submit a letter to request an application to the Town Council to dissolve the Vail Recreation District, special district. He listed the items and steps that were needed to begin the process. He stated that the Vail Recreation District has shown financial irresponsibility and it is the Town's responsibility to take back ownership of the Vail Recreation District once again. EXECUTIVE DIRECTOR INPUT Mike stated that we are working with our Attorney Jim Collins to figure out the direction that the Rec District will take to pay off the Dobson Debt. One possible solution is to use the reserve created when the bond was purchased. The amount of the reserve fund is roughly $300,000 this could possibly be used to pay off the 2005 debt service. Julie elaborated that the tax increase would be delayed for one year; we would then use the tax increase to pay off the reserve fund. What we are doing is postponing the collection by one year. Mike went onto state the difficulty in using the reserve fund, and stated that it would have to be paid back within 6 months. He went onto say that this was something the Rec District is not capable of making happen. He stated that the lawyer was negotiating with the Bond Council on what payback adjustments could be made. Mike stated that the Golf Maintenance budget had been finalized and cut $50,000 less than previous year's actual, excluding golf course lease payments. The cut is taking out selected capital projects and vehicle replacement. Mike is happy about the cuts and feels that Jim Myers can still produce and maintain a more than adequate golf course for this season. Mike stated that Youth Services could not sponsor the annual Easter Egg Hunt because of budget cuts for this year and asked the board that if staff could service sponsorship monies toward the event, could they put it on. The Board agreed that they should put the event on. BOARD MEMBER INPUT Julie stated that we are exhausting all efforts to find a solution to our tax increase error. We are working with our lawyers currently 'and would feel more comfortable making a statement in regards to our mill levy increase when we get further notice on the decision we are going to make. Please don't rush to judgment on a solution to dissolve the District. Scott stated that he wanted the public to know that our main concern is improving recreation and maintaining the quality recreation we currently have, and he would like the community to keep options open if the decision to dissolve the district is made. Peter stated that all Board and Staff members of the Vail Recreation District are for quality recreation, we would like to focus on quality recreation and would like to see how to make it better. Mike said that he had spoken with a member from Christie Lodge Management and stated that he attended the Denver Golf Expo and informed Mike that Brent's marketing and performance at the Expo was very successful. Peter stated that the staff and the Board 2 (, needed to consider that all golf courses around Colorado are experiencing the same unfortunate economic issues that we are and it is very difficult to get the visitor up to Vail let alone playing at their own courses. ADJOURNMENT Peter motioned to adjourn. at 5:30 p.m. Julie seconded. Approved Unanimously. Julie made a motion to go into Executive session. Michelle seconded. Approved Unanimously. Julie made a motion to adjourn into Executive Session for the purpose(s) of: §24-6-402(4)(e), C.R.S., "Determining positions relative to matters that maybe subject to negotiations; developing strategy for negotiations; and instructing negotiators." Michelle seconded. Approved Unanimously. Peter W. Cook, Secretary a/OS BOD/2-22 minutes.doc ~'. .~~~e~ Amy Ludke, Assi ant Manager 3 Vail Summer Events: 2003 Schedule for July 1-31 JULY WHAT'S HAPPENING TIME LOCATION 1 - 6 Vail Lacrosse Shootout 1 - 31 Gondola Rides 1 Budweiser Hot Summer Nights 2 Rochester Philharmonic 3 Alpine Gardens Workshop 4 Vail Lacrosse Shootout Vail America Days Parade Denver Pipe Band Colo Academy of the Arts Track 29 Youth Group Rochester Phil. Patriotic Concert Vail Fireworks 5 International Folk Art BRAVO Soiree 6 Teva Hill Climb Vail Farmers' Market Vail Hill Climb Summer Exhibition Artists Dallas Symphony 7 BRAVO Soiree 8 Budweiser Hot Summer Nights 9 Dallas Symphony 10 Dallas Symphony Family Concert BRAVO Soiree 11 Vail Arts Festival Dallas Symphony 12 Vail Arts Festival Dallas Symphony 13 Vail Farmers' Market Vail Arts Festival Dallas Symphony 14 Chamber Music for Lunch 15 Budweiser Hot Summer Nights 16 Alpine Gardens Kids' Program 17 Alpine Gardens Workshop 18 New York Philharmonic 19 New York Philharmonic 20 Teva Vail Half Marathon Vail Farmers' Market New York Philharmonic 21 BRAVO Soiree 22 Budweiser Hot Summer Nights 23 New York Philharmonic 24 BRAVO Annual Gala 25 New York Philharmonic 26 Vail Summer Sportsfest New York Philharmonic 27 Vail Farmers' Market Vail Summer Sportsfest Jazz at the Market 28 Chamber Music for Lunch 29 Budweiser Hot Summer Nights 30 In My Mother's Closet Alpine Gardens Kids' Program 31 Alpine Gardens Workshop BRAVO Soiree various 10:OOam - 9:OOpm 6:30pm 6:OOpm 12:OOpm - 1:30pm 7:OOam - 7:OOpm 10:OOam 12:30pm 1:15pm 2:30pm 3:OOpm 9:45pm 5:OOpm - 8:OOpm 6:OOpm 8:30am 9:30am - 3:OOpm 12:00 noon 4:30pm 6:OOpm 6:OOpm 6:30pm 6:OOpm 11:OOam 6:OOpm 10:OOam - 5:OOpm 6:OOpm 10:OOam - 5:OOpm 6:OOpm 9:30am - 3:OOpm 10:OOam - 5:OOpm 6:OOpm 12:30pm 6:30pm 10:OOam - 12:00 noon 12:OOpm - 1:30pm 6:OOpm 6:OOpm 8:OOam 9:30am - 3:OOpm 6:OOpm 6:OOpm 6:30pm 6:OOpm 6:30pm 6:OOpm 10:OOam - 5:OOpm 6:OOpm 9:30am - 3:OOpm 10:OOam - 5:OOpm 12:OOpm - 3:OOpm 12:30pm 6:30pm 9:OOam - 11:OOam 10:OOam - 12:00 noon 12:OOpm - 1:30pm 6:OOpm Ford Park Lionshead Ford Amphitheater Ford Amphitheater Alpine Gardens Fard Park Lionshead to Golden Peak Slifer Plaza Children's Fountain Children's Fountain Ford Amphitheater Golden Peak Plaza Gallery 970-827-5700 Mountain Haus Lodge Crossroads Mountain Haus Lodge Ford Park Ford Amphitheater 970-827-5700 Ford Amphitheater Ford Amphitheater Ford Amphitheater 970-827-5700 Lionshead Ford Amphitheater Lionshead Ford Amphitheater Crossroads Lionshead Ford Amphitheater Vail Interfaith Chapel Ford Amphitheater Alpine Gardens Alpine Gardens Ford Amphitheater Ford Amphitheater Vista Bahn Crossroads Ford Amphitheater Claggett-Rey Gallery Ford Amphitheater Ford Amphitheater Lodge at Vail Ford Amphitheater Lionshead & Village Ford Amphitheater Crossroads Lionshead & Village Vail Farmers' Market Vail Interfaith Chapel Ford Amphitheater Savory Inn Alpine Gardens Alpine Gardens 970-827-5700 Submit additions/corrections at www.visitvailvalley.com/events/ Vail Happenings: 2004 Schedule for July DATE WHAT'S HAPPENING TIME LOCATION COST daily Art Exhibits Library Hours Library Free Gondola Rides Varies Lionhead $ 1 Vail Lacrosse.Shootout 9:OOam - 5:OOpm Ford Park Free Alpine Gardens Public Tour 10:30am Alpine Gardens Free 2 Vail Lacrosse Shootout 9:OOam - 5:OOpm Ford Park Free Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Street Entertainment 4:OOpm - 6:30pm various Free Rochester Philharmonic 6:OOpm Ford Amphitheater $ 3 Vail Lacrosse Shootout 9:OOam - 5:OOpm Ford Park Free Gore Creek 5K Gallop 9:OOam Children's Fountain Free Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Alpine Gardens Public Tour 10:30am Alpine Gardens Free Vail Arts & Wine Faire 10:30am - 3:30pm International Bridge ~ Free Jazz @ the Market 10:30am - 3:30pm International Bridge Free Street Entertainment 1:OOpm - 5:OOpm various Free Temptations & Supremes 7:30pm Ford Amphitheater $ 4 Sun Vail Hill Climb Race 8:OOam Mountain Haus Free Vail Farmers' Market 8:30am - 3:OOpm Meadow Drive Free Vail Lacrosse Shootout 9:OOam - 5:OOpm Ford Park Free Vail Armerica Days 10:OOam Various Free Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Jazz @ the Market noon - 3:OOpm Meadow Drive Free Street Entertainment 12:30pm - 3:OOpm Various Free Rochester Philharmonic 3:OOpm Ford Amphitheater Free Fireworks 9:45pm Village Free 5 Alpine Gardens Public Tour 10:30am Alpine Gardens Free 6 Children's Story Hour 10:OOam -noon Library Free Budweiser Hot Summer Nights 6:30pm Ford Amphitheater Free 7 Children's Story Hour 10:OOam -noon Library Free Alpine Gardens Kids Class 10:30am - 11:30am Alpine Gardens Free Music at Midday 12:30pm Vail Interfaith Chapel $ 8 Golf Clinic 9:OOam -noon Vail Golf Course $ Alpine Gardens Public Tour 10:30am Alpine Gardens Free Smothers Brothers Concert 7:30pm Ford Amphitheater $ Casino Night 7:OOpm -midnight Donovan Park Pavilion Free 9 Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Street Entertainment 4:OOpm - 6:30pm various Free Dallas Symphony Orchestra 6:OOpm Ford Amphitheater $ 10 Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Alpine Gardens Public Tour 10:30am Alpine Gardens Free Vail Arts & Wine Faire 10:30am - 3:30pm International Bridge Free Jazz @ the Market 10:30am - 3:30pm International Bridge Free Street Entertainment 1:OOpm - 5:OOpm various Free Dallas Symphony Orchestra 6:OOpm Ford Amphitheater $ 11 Sun Vail Farmers' Market 9:30am - 3:OOpm Meadow Drive Free Vista Bahn Rides 10:OOam - 4:OOpm Vail Village $ Street Entertainment 11:OOam - 3:OOpm Various Free Jazz @ the Market noon - 3:OOpm Meadow Drive Free Dallas Symphony Orchestra 6:OOpm Ford Amphitheater $ 12 Alpine Gardens Public Tour 10:30am Alpine Gardens Free 13 Children's Story Hour 10:OOam -noon Library Free Horticultural Therapy 10:30am -noon Alpine Gardens Free Budweiser Hot Summer Nights 6:30pm Ford Amphitheater Free Vail Nature Center Hut Trip Varies Nature Center $ 14 Children's Story Hour 10:OOam -noon Library Free Alpine Gardens Kids Class 10:30am - 11:30am Alpine Gardens Free Vail Figure Skating Championships noon - 5:OOpm Dobson Arena Free Dallas Symphony Orchestra 6:OOpm Ford Amphitheater $ Vail Nature Center Hut Trip Varies Nature Center $ 15 Alpine Gardens Public Tour 10:30am Alpine Gardens Free Family Concert 2:OOpm Ford Amphitheater Free Dallas Symphony Orchestra 6:OOpm Ford Amphitheater $ VAIL WELCOMES THE DALLAS SYMPHONY ORCHESTRA Submit additions/corrections at www.visitvailvalley.com/events/ VAIL HAPPENINGS - 2005 Julv: (continued 4 Vail America Days 5, 12, 19, 26 Budweiser Hot Summer Nights /GFA (every Tuesday thru Aug. 2) 8, 9, 10 BRAVO! Dallas Symphony Orchestra /Ford Amphitheater 9 Triple By Pass: passing through en route to Avon 13, 15, 16 BRAVO! Dallas Symphony Orchestra /Ford Amphitheater 14 BRAVO! Dallas Symphony Orchestra/Family Concert /GFA 16 Courage Classic /Frontage Rd. 22, 23, 24 BRAVO! New York Philharmonic Orchestra /Ford Amphitheater 23, 24 Triple Crown: Western Regional Softball Championship /Ford Park 25 ~ Children's Theater Production /GFA 27, 28, 29 BRAVO! New York Philharmonic Orchestra /Ford Amphitheater 29-31 Antique Show / LH Parking Structure 30-Aug 7 Vail International Dance Festival /GFA AuEUSt• Every Fri, Sat, Sun Ambient Street Entertainment / VV & LH (thru Sept. 4) Through Aug 4 BRAVO! Vail Valley Music Festival Through Aug 7 Vail International Dance Festival /GFA 2 Budweiser Hot Summer Nights /GFA 5-7 Colorado Clay Court Tennis Championships /Ford Park 5-7 Kick-It 3v3 Soccer Tournament /Ford Park 7, 14, 21 and 28 Vail Farmers' Market / VV: Meadow Drive (every Sunday thru Sept. 18) 7, 14, 21 and 28 Jazz at the Market / VV: Meadow Drive (every Sunday thru Aug. 28) 13 Rotary Duck Race / VV 19-21 Vail Arts Festival September 2, 3, 4 Ambient Street Entertainment / VV & LH 2, 3, 4 TriAmerica Triathlon / VV 2-5 Vail Jazz Party /Cascade 3 Vail Classic / VV and outlying 4, 11, 18 Vail Farmers' Market / VV: Meadow Drive 9-11 Oktoberfest / LH 16-18 Oktoberfest / VV 16-17 Colorado Outward Bound Relay / Stephens Park 17 Colorado Grand Concours / LH 30- Oct.2 Vail Challenge Cup Soccer Tournament /Ford Park October Through Oct 2 Vail Challenge Cup Soccer Tournament /Ford Park 28-29 Ski and Snowboard Club Vail: Ski Swap / Dobson Arena 31 Trick or Treat Trot / VV and LH November 25 Tree Lighting and Holiday Kick-off Celebration / LH 25-Dec. 31 Holidays in Vail December: 1-31 Holidays in Vail 1-2 Birds of Prey World Cup Week (Beaver Creek) 17-31 Vail Holiday Fair / VV: Meadow Drive 31 New Year's Eve Fireworks and Torchlight Parade /Golden Peak 31 "Y06" Drug & Alcohol Free New Year's Eve Celebration for Youth VAIL HAPPENINGS - 2005 January , 12-16 The Honda Session 19-23 U.S. Freeskiing Open 29 Mountain Mania February 5-12 National Brotherhood of Skiers 5-8 Mardi Gras Vail 5, 26 Mountain Mania 12 The Vertical Express benefiting the Heuga Center 16, 23 Budweiser Street Beat Concert / VV (every Wed. thru April 13) 20 Mountain Dew Vertical Challenge /Golden Peak 28 Special Olympics Colorado / Dobson March: 2, 9, 16, 23, 30 Budweiser Street Beat Concert / VV (every Wed. thru April 13) 5-12 Rocky/Central J3 Alpine Jr. Olympics 11 Family Spring Carnival 16-20 American Ski Classic 26 Snowshoe Shuffle 31 -Apr 3 Vail Film Festival April: Through Apr 3 Vail Film Festival 4-16 Spring Back to Vail 6 VVMC Fashion Show Luncheon 6-9 Taste of Vail 6, 13 Budweiser Street Beat Concert / VV 9 Mountain Mania 17 VAIL MOUNTAIN CLOSES May: 21-22 Ultimate Players' Association Western Championships Disc Competition June: 1-5 TEVA Mountain Games / VV 14, 21, 28 Budweiser Hot Summer Nights (every Tuesday thru Aug. 2) /GFA 17-19 King of the Mountain Volleyball Tournament /Soccer Field 19, 26 Vail Farmers' Market / VV: Meadow Drive (every Sunday thru Sept. 18) 20-24 Vail Junior Lacrosse Tournament /Ford Park 24, 25, 26 Ambient Street Entertainment / VV & LH (thru Sept. 4) 25 Big Wheel, Brews `n Chili / VV 25 -July 3 Vail Lacrosse Shootout /Ford Park 26, 27, 29 BRAVO! Rochester Philharmonic Orchestra /Ford Amphitheater(GFA) July: Every Fri, Sat, Sun Ambient Street Entertainment / VV & LH (thru Sept. 4) Through July 3 Vail Lacrosse Shootout /Ford Park Through August 4: BRAVO! Vail Valley Music Festival /GFA 1 BRAVO! Rochester Philharmonic Orchestra/Ford Amphitheater /GFA 2 Gore Creek Gallop / VV: Children's Fountain 3 Vail Hill Climb / VV: Slifer Plaza 3, 10, 17, 24, 31 Vail Farmers' Market / VV: Meadow Drive (every Sunday thru Sept. 18) 3, 10, 17, 24, 31 Jazz at the Market / VV: Meadow Drive (every Sunday thru Aug. 28) 3 BRAVO! Patriotic Concert Mar-02-05 06:56pm From-TOWN OF VAiI COOIMUNITY OFVEt.OPI~ENT 9704702452 T-133 P.002/005 F°05B ®~~~ a Departrnerit 4f Community .Development ~~ 75 South Frrontage Road Yail, Colorado 81657 970-479-2138 FAX 97t7-~79-2452 www.vailgoxcom March 2, 2005 Mr. Rick Saaipelio PO Box 160 volt, CO 87658 (fax) 479-7330 Fie' Vail Happenings Signs ORB05-0028 Dear Rick, Thank you for attending today's Design Review Board public hearing of the application to light the Vail Happenings signs. As you know, the L7esign Review Board denied the application based upon the fallowing concerns' The Design Review Board commented that overall, the signs look good and their contribution to informing locals and residents is appreciated. Though the Design Review Board understands that "Public Information Signs" such as these are exempt from the Internal Illumination requirement, the members expressed that the primary concern regarded the ramifications to the Town of approving backlighting in these locations. Fair treatment would likely be expected by private business owners wishing to backlight similar types of signs. Though the signs in question are considered exempt from the internal illumination definition contained within Chapter 2 of Ttfe 1 P, Sign Regulations; Vail Town Code, every effort should continue to be made to make all Signs within the Tawn of Vail (regardless of the applicant) comply to a high aesthetic standard. Qf course, such regulations are intended to serve the folfowing purposes {Section ~ 1-1-2-8; Specilic Purposes, Sign Regulations, Vai! Town Cade); 1, To describe and enable the fair and consistent enforcement of signs in fhe town of Vail. 2. To encourage the esta6fishment of welt designed, creative signs that enhance the unique character of t/atf's village atmosphere, 3. Ta preserve a successful and high quality business environment that is aided by signs that identify, direct, and inform. 4. To aid in providing for the growth of an orderly, safe, beautiful, and viable community. Additionally, thank you for Submitting the Town Council appeals form so promptly. However, the following submittal requlrernents (items 3 and 4 listed on the appeals form) must be submitted before the item's placement an any Council agenda can be secured. 3. Provide a list of names and addresses (both mailing ono physical addresses in Vail) of ati owners Of property who are the subject of the appeal and all adjacent property owners (including owners whose properties are separated Pram tht.~~rgg~~ by a right-af-way, stream, or other intervening barriEr). ` ATTACI IMENT 'I'U APPEAL,S .FORM VAIL, HAPPENINGS SIC.iNS While the 1"own o.f Vail does have a code that says internal illumination of lighting fixtures is prohibited, `government signs' are exempt from the requirements of the sign aide. The Town alxeady has other government infonnatic~nal signs with. internal illumination. For example, the directional signs, visitor information signs and parking signs at the main Vail and. West Vail. roundabouts and signs at the entrances to both tl~e Village and Lionshead Pat-lcing Structures. 2. The Town of Vail contributes more than $60O,ODU a year to sponsor special events in Vail to spur economic vitality and to create a sense of com-nuni.ty. Private entities spend millions more to host their events in Vail. The Vail Happenings signs are strategically located to provide useful information about what's going oi~ in Vail for both guests and locals. The four Vail happenings signs perform that sere-ice very well during daylight hours and many pedestrians can be seen reading them. hlowever, many visitors and. locals stroll along Vail's streets alter dark, especially before a4id after dinner.. Many of them are considering their next day's activities and whether they should spend the next day in Vail or to go elsewhere. "I'he 'I,own has valuable and attractive assets that are not being utilized to their fullest because the signs are unreadable after sunset. 1'he signs were designed under contract administered by a Community Development. 7'he specific design. was selected. by AIPP and Public Works. The design was approved by the DRI3. Fruids were specifically allocated. for these signs by Town. Council. anal the signs were purchased by Public Works. All the Vail I-tappenings signs are installed on Town of Vail property. "The signs are maintained by 'TUV Public Works. These are `governmcn.t signs'. I 1:-.`is~~<3'~.'~';;~IC:rNS'i'AI`1DAR.DS: !-~I:Cp://66.113.195.;34/C:(::)/VaiV ..500.500000000 O.ht~Y~ 3 11 ~~5-~: DESIGN STANDARDS: Any sign erec;ked within the town of Vail shall conform to the following standards: A.C~ompatibility: Signs shall be visually compatible with the size of surrounding structures and other signage and shall not visually dominate the structure or business to whicf7 they belong. The staff shall review all f:)roposed signs in 'the context of adjacent signage; to verify that the sign is appropriately sized. ~3.Colors: Fluorescent, Day-GIoC~~ and neon colors are prohibited. G.I~eflective Surfiaces: Sign surfaces that reflect light are prohibited ar7d shall in stE.;ad be comprised of matte or flat fiinishes. D.Lighting Fixtures: Lighting shall be white in color. Lights shall not shine or reflect auto adjacent properties. Internal illumination and fluorescent/neon ................~,.~.,~.,,..,.. ~,,,,,.. ., . r Y, Ilght sources are:~ryrohi^bi.ted,,, All lighting shall be subject to design revlPw, E.. Sign IVlaintenancc;: All signs, including their sub}port structures and related fixtures, shaft be kept in good repair; this includes replacement of lighting, rE~painting when appropriate, and other ackions that contribute 'to attractive signage. The display surfaces and hardware of all signs shall be properly painked, finished, or posted at all times. The glass surfaces on which window signs are affixed shall be well maintained F=.Electrical VI/iring: Electrical wiring shall be concealed. In addition, all signs that contain electrical wiring shall be subject to the provisions of the adopted electrical code of the town and the electrical components shall bear the label of an approved testing agency. ~.VVind Pressure And Uead Load Requirements: Any sign, as defined throughout this title, shall be designed to withstand wind pressures and shall support dead loads as required by the most recent building code (IF3C} at the time of construction, as adopted by the town of Vail ar~d deterrninecl by the chief building official. Ff.tVloving Parts: Signs that have, or appear to have, moving parts (aside from natural wind induced movement) are prohibited. ~ ~~i~~~ OZ,~L.0~66 ~~ 500Z '61 ,~a~nu~L uo pal~.~l.r~) c~I 2 . _ x/2;3/2,005 7:5(? PM 1 f-)-2: I=ROHIB:[TED SIGNS: http://66.113.195.234/CO/Vail/150090000000'0 / OO.htm `C 11-9-2: PROHIBITED SIGNS: The following signs are prohibited within the town of Vail: A.Animated signs that incorporate the use of movement (aside from natural wind induced movement) through revolving, rotating, or otherwise moving parts; B.Signs with the illusion of movement or changeable copy; C.Signs (or the illumination thereof) that flash, pulse, move, rotate, scintillate, blink, flicker, or vary in intensity and/or color; D.Signs that incorporate projected images, emit any sound which is intended to attract attention, or involve the use of live animals; E.Any sign advertising a business or service having been vacated for ninety (90) or more days. This provision does not apply to permanent signs accessory to seasonal businesses, provided there is clear intent to continue operation of the business; F.Any sign or structure that is unsafe or constitutes a hazard to safety for any reason; G.Any gas filled, illuminated or fiber optic sign that is visible from any part of any pedestrian or vehicle passageway or walkway, H.Any sign or structure that obstructs ingress to or egress from a required exitway, that obstructs the view of vehicular traffic entering or exiting a public roadway, or that creates an unsafe distraction for motor vehicle operators; I.Any sign that could be confused with an official government sign (such as a traffic sign) but is not; J.Any off premises sign that is not otherwise regulated by this title; and K.AII billboards. (Ord. 19(2003} § 1) l of 1 2/23/2005 9:00 F'M 11-2-1: 17EFINITIONS ENUMERATED: htlp://66.113.195.234/CO/Nail/15002000000001000.htm whereby the light source is directly visible to the viewer. -~ ILLUMINATION, INDIRECT: A light source separated from the sign that illuminates the sign's surface by means of spotlights or similar fixtures with reflective housings that control and direct light onto the sign area; the indirect light source shall not be visible to the viewer. ILLUMINATION, INTERNAL: Illumination by means of a light source that is within a sign that has a translucent background, silhouetting opaque letters or designs, or that is within letters or designs that are made of a translucent material; prohibited in the town of Vail, excluding_signs used_by the town of Vail for public information purposes. ILLUMINATION, NEON:Alight source in which a colorless, odorless, inert gaseous element known as neon is found; prohibited in the town of Vail. ILLUMINATION, PAN CHANNELED: An indirect, concealed light source which is recessed into any element of a sign and is attached directly to the face of the sign: each element to be lit must have opaque surfaces such that the light does not shine through the sides or backs of the elements but through the front face only. ILLUMINATION, RECESSED: A source of light that is directed upon a sign and placed inside of an architectural element, such as an eaves a prefierred type of sign lighting within the town of Vail. INSCRIPTION, MASONRY: The name and/or date of a building etched into masonry. JOINT DIRECTORY SIGN: A type of building identification and business sign that displays the name of a building, complex, or renter and the names and addresses of two (2) or more businesses within. KIOSK: A small structure, typically located within a pedestrian walkway or similar circulation area that is used as a display space for posters, notices, exhibits, and similar displays; for public information use by the town of Vail. MAINTENANCE, SIGN: The replacing, repairing or repainting of a sign and/or its structure due to ordinary wear and tear, weathering, or accident. MENU BOX (Also Known As A DISPLAY BOARD Or DISPLAY BOX),: A freestanding or wall sign enclosed in glass for the express purpose of 1 of 8 - 3/2/2005 11:38 AM 1 x.=ti~=1~: 'F;XEMl'T SIGNS: http:/I66.113.195.234/CO/Nail/15009000000001000.htm 11-9-1: EXEMPT SIGNS: ..~.~. The following signs are exempt from the requirements of this code, but remain subject to the design standards and guidelines listed in section 11-5-1 of this title and the maintenance requirements listed in section 11-11-3 of this title: A.Memorial signs, dedication plaques, or tablets; B.Notices posted by governmental officers in the performance of their official duties; C.G.aar~;.~ent si ns~ including directional signs, to control traffic or for other -regulatory purposes; D.Works of "fine art", including murals, which do not advertise a product or business and which have been approved by the town of Nail's art in public places board (AIPP); E.Temporary decorations or displays, when they are commonly associated with .any national, local or religious holiday; however, such holiday decorations shall be removed once their condition has deteriorated such that they are no longer attractive; F.Temporary or permanent signs erected by public utility companies or construction companies to warn of dangerous or hazardous conditions; G.Signage and decorations related and subject to a special event permit through the town of Vail; H.The inscription of names (or dates) of buildings, when etched into masonry in one location on any business or premises, and in conformity with chapter 6, "Business And.Building Identification Signs", of this title. Each letter of an inscription may not exceed two inches (2"} in height and the total engraved area may not occupy more than three (3) square feet of the surface of the building; I.Signs in the I-70 right of way, which are regulated by the Colorado department of transportation (CDOT); and J.AII political signs, as defined in chapter 2 of this title. (Ord. 19(2003) § 1 } of 1. 2/23/2005 7:52 PM ~Ut~c-c~ `~ ~ 0 5 U,~etu, ~ ~ _ ~ _. r.. . ~. w.. -- ._ _ -~ - - e e r~~s~ >~ ~o T H ~E ,r.» - ~ I µ~~~~~~ i. - t _ '-_ Can W@'tc'~~~t? i' is not a way to gain community- ~ - '' ~ ~ ~ ~unity. ~~_This.conferencecenter To~ the ~ town of ;Vail decision <' cannot. ~ tear ~~. this -~:comriiunrty". _~ `- makers We continue = to `get -; apart,,<~and the decision .makers ;~ ~ ` newspaper letters ,~and..Tipsline " ;need to be`sensitive'to thisprm submissions L expressing views ciple. '° f' _ ~. on the cottference~;center. Most There are ways_to avoid. this ; are one-sided for;or,against and to'date' they have not been Jim Lamont recently took. the ;'considered., Please ask foi• sug- time . ,to provide a wealth ~ of gestions and `'volunteer help in `.` informarionunot brought oufear- 'this `inost'` important' matter. lierin any"one place, then went 'Hubris (the word~we a1`e hearing ~: onao fill in the blanks of a;-con ;.a lot of these".days) should'.not ~_ elusion I floated the-notion'of a automaticall be the- mind-set `i third ~ o tiori y 2 p (neither pra>~nor; _ based `"simply;on all' the ':hard ~~~ coif) 6y adding a srnall ,tiered.work that`has gone into the,pol e' ~' facility that:~could ~`be used• far ~"ect. ~ - local:' performing arts, realizing' ~ Paul Rondeau locals-are partly;paying;fofthe _- Vail .project, throughsales tax and . ' ~`~ ' ~~-` giviagup~their iireplaceable'hub-`. ~ ~~~ site.. So ;.what's wrong with __~this - whole. picture and. process? Sirriply the- sounds `of silence 'frocir our decision 'maker`s`; by , continuing~to move,~along as ~if~: _ 'all these views have not' Heen : expressed. -Let me qupte~ from'' -the Conference Center`Coirimit-. tee's -bible, the I-IVS Business `Case .,report: `,;"A. , ec~or~linated "` community wide• effort. will`~~be ; .necessary tci successfully `fund ,this pro}ect.":~~ _~ •~ It is absolutely indefensible ::. for theaown tci:consider moving ', ahead `without gaining -a sem- ;'~ ,_blance of public~unify~for this project. Showing pretty pictures" ` °of the building without answer,`; ing .the Iinancial questions ~ arid what s ~i^ it for_ALL'the,pe~ple,,, HILL BUILDING ~ ~'~ ~~~~~0 0~ ~~~~ , `2~c ~~ G~ ~~ I ~~ ~~ ~~ REMOVE GRANITE COBBLE AREA INSTALL MECHANICALIELECTRICAL CONNECTIONS FOR FUTURE FEATURE JESUS MOROLES SCULPTURE, GRANITE STEPS AND AMPHI FHEATER REMAIN MOROLES STREETSCAPE RENOVATION PROPOSED IMPROVEMENTS: - MECHANICALIELECTRICAL FOR FUTURE FEATURE AT GRANITE COBBLE AREA CAPABLE OF SUPPORTING FIRE AND WATER - COBBLED PAVING IN LIEU OF EXISTING CONCRETE - JESUS MOROLES SCULPTURES AND GRANITE STEPS REMAIN LIMITING EXTENT OF CHANGES AND PLAZA RETAINS REMOVE CONCRETE PAVEMENT CONTEMPORARY CHARACTER „~ r.,-. ~ AND REPLACE WITH COBBLED PAVERS PRELIMINARY BUDGET: SITE DEMOLITIONI INFRASTRUCTURE IMPROVEMENTS $268,000 SNOWMELT REPAIWIMPROVEMENTS $55,000 STREETSCAPE IMPROVEMENTS $135,000 CONTINGENCY (9%) $44,000 MOROLES RENOVATION BUDGET $502,000 AIL SEIBERTCIRCLE - MOROLES STREETSCAPE RENOVATION 50067_ItTakesAVillage_Child_1 2/11/05 4:32 PM Page 1 Y 4 ~~ ~-~~_ • ~. ' f A ~~ ~- ~#.'~i I (~ 1 S' ~~ Wr ~~~ . 1 r_ -.~ u, ~ _. •f ~~ f r ,~ J . to be the # 1 Ski Resort in North America 50067_Calendar_Winter 2/3/05 12:52 PM Page 1 A ~ °~'~~. r :~ ~~~ L .~ .~ r ~.: c:r~,~, f=:.K, .~, '.~ ~ ~: .~,: i, k~ ~~, k ~. - 1 1 . 50067_Calendar_Summer 2/3/05 12:31 PM Page 1 I w ~~ ai;~ a ,~~ ., ,. ~~' ,~~ ~~ ~R. ', ,I { -ti,en~..r~ `, t~Y ~ ~.. u +r i""~ ~~~~, ~!~o..~,~"~" i ~i r i 1±~~,:~ ii;6 4 ', ^t M. ~ r.. r-' r.~ :~ 3 f0 h N O • 1 ~ ~ ~V~~ rrlpi, i- ~`I•U G~ u.nci .__ _.. y,: ... . _~ F :. y ~.. Y ` ~. _ ~ ~ Y i ._ Can we talk?~ ~ ` ~s not.`a way to gam community ;~ !. - - ~ ~ _= unity. ,This ,conference ;..center" ~> . To the town, of Vail decision `cannot 'tear>' this : ~commumt ` ' .,makers: We continue <to get , ~apart,..,and the decision :makers :,I ,newspaper, letters ;and Tipslme ' .: need fo be~sensitive"to this pnn=. ; 'submissions' expressmg'.•views ciple `• ` ' • ' - , , on the conference; center. Most -> _ -There are ways to avoid this `:. are one-sded'for;or againsf:'~ ~ ` and ~to date they have not been Jim Lamont recently took the = .considered. Please ask for sug- r time ;to provide . a wealth of - gestions and .volunteer help in . information not brought out ear- this-most;' important matter. Tier in any one place, then, went 'Hubris (the word we are hearing ' on to fill in the "blanks :of a. con -:.a lot ~ of these days) should not elusion: Lfloated the notion of a ~ automatically be .the mind=set ,: third' option (neither 'pro anor .-ba~edsimply.,'on all the hard' '' con) by 'adding a, small; tiered ;work that has gone into the prol ` €acility that 'could 'be` used .for, .' ect. 1ocaP performing arts ;realizing •> ~ Paul Rondeau ~^ '? locals are partly ,paying for the . ~ ~ _ ,Vail . ~~ project; through`. sales tax:.and`.; "~ ., .. .. .~:.=..~.:__,_~:~_~ ?• giving up-their irreplaceable~ub =•~ ~' srte ` .. `. <'~ ` "So• `what's=:wrong with ~~this' i .whole ..picture and ° process? ~,;Sirriply;,, the sounds of _silence ?:"from 'our" decision makers.-by continuing fo move.along,as if"~ -all .these views have not- been' expressed.";Let` me quote from" the.Conference Center Commit-: tee's bible, the "HVS::Business;- :Case =,'report:.' "A 'coordinated" ,- community=wide ~ effort will; be J' i. necessary` to successfully;~fund ~`. this project:" ~It isabsolutely indefensible '`for the town to consider moving ahead.;:without'gaining a ~sem ;blance . of .public'unity for ahis ~~ pro~ect.'$howing pretty_ pictures ~`,: :of the ,building without answer=,~9 ding the ;financial: questions ` and ~:~ `tiwhat s'in it for:ALL the peo~lea ~.~~,~ a 0 Town of Vail Open Space and Comprehensive Open Lands N W E Recommendations for Open Space Designation s t Potato Patch ~°'" Fa°° eamh „kr TM Wf/ Trtllhead _ N,nhnai rrnmecavr,' ~I ,Booth Falls - sanderene lark/ lRra samnaa) rat um ~ rannmd ~ '"°T'~' P0* $praddle Creek \_ Mlddk Crrtk Speddk Cruk 9 )( \\ Tnllhead \ I inallhrad e c Lion's Ridge I _ ~_ ~ " ~" ' \ Buffehr Creek ~' ~ -~ ,u , i r _ "( ~~~FFF i ratan ~ ~ ~ - ~~ '-' ~ ~rbih~ I . , ~ ~ ~~ °, N,~rrke East N,rn rran t l~ ~ c ' e .. _ _ ~ r..PMea ~`"r~ ~ Llonshead _ P ~ ~ ~~ ~~ ~ Valk wai vark ~ BNfeM ~,, ., ® y Creek Park \ Vail Village t ~ r ~'~ r. Das Schone _-. ~~~~ Cascade ~ I -~' ~~ w~a~ Golf Course ~~~ i I \ i ~ ~ v Z ~ A Pkate 6hip Party Soccer Fkld /~] eiaf,on ~- ParN \ Donavan Pork t K \ i Rapv 6hu6 /arty &rdd R. hord Airyhirheorrr Vdar Povilian Noah Trtll (Dam Tn10 j/~ Ford Pork Tnllhmd Matterhorn In}vmmiMein \ ~ ~ &rtia* Park Pxkst Party \ ~t ~` l ~ i t I \ / -...... ahphem Park Town of Vail (TOV) owned lands within TOV municipal boundary currently designated Open Space '\+ v ~ • Town of Vail (TOV) owned lands vnthin TOV municipal boundary meeting all three criteria for Open Space designation, not currently designated Open Space; Recommended by The Designated Open Space Board of Trustees to be designated Open Space Town of Vail (TOV) owned lands within TOV municipal boundary meeting all three criteria fa Open Space designation, Intermountain however land not currently designated Open Space Town of Vail (TOV) owned lands within TOV municipal boundary where current zoning supports Cpen Space designation however land is lacking third criteria, necessary to support Open Space designation; Recommended by The Designated Open Space Board of Trustees to be classed as a Town of Vail park that provides passive outdoor recreational opportunities To receive consideration by The Designated Open Space Board of Trustees, properties must meet three requirements: Parcel "A" -Middle bench of Donovan Park (approx. 2,15 acres) t) ae owrced by the Town of vail; Parcel "B" - Tract A, Vail Ullage Filing 13 (approx. 13.07acres) 2) Be zoned in one of three open space distracts (mural area preservatbq outdoor recreation; or agdalWre open spaces; Parcel "C" - Unplatted parcel of land in East Vail, south of Main Gore Drive South (approx. 4.33 acres) 3) Exhidt one of the folbwirg cnaractedslics: i) environmentally sensitive land (wetland, riparian areas, a critical habitat idemifed by the Divisbn of Wildlife, or Me NaWral Heritage Program), ii) hgh natural hazard area including 10Pyear flood extent as determined and provided by FEMA, anNor TOV red avalanche hazard area Town of Vail TOV owned lands within TOV munici al bountla where current zonin SU orts 0 n S ce desi nation desgnation, andforTOV Igh rock tall hazard area designatbn, and ldr TOV high debris flow hazard area; or ,;` ~ ( ) P ry 9 PP Pe Pa 9 iii) Town of Vail park drat provides passive outdoor recreation opporNnities. however land is lacking third criteria, necessary to support Open Space designation Process for parcel selection. 1) NI TOV IarM was selected Town of Vail (TOV) owned lands within TOV municipal boundary lacking second and third criteria, 2) From process L au land zorked In supportorOrs designation was seeded 3) From process 1, all land intersected in any pad, by a natural hazaM (Avalanche. Debris Fbw, necessary to support Open Space designation Debris Avalanche, Rockfall, andlor FEMA Fbotl HazaM) was selected 4) Ovedapping lands selrxtfd'n processes 2 d 3 = Ols sutlaNe land ~~ 5) Shortfalls in OIS suitability ware delerrnirted brother lands accordingly 1 Miles Drkpr total bare VW ~~ - ~ ~ _~ ~ , ~ ~ x.5.0 5 t.kf~~u- ~ ~ `j' y_ i ~ ' f, y n C~ ~x~ s: ~ 4 ~ ~ ~ _ +-' at 4 . K ~ j'- f ' ~r ~ '_;i ~ - .e.: x - - ~.' ..~ :fi. ~ - .. L {1 .. r ~i ~ ?An ~ ;..r -~~; w ~~ ~ u r n - Y ~~ - - - •_. ~~ ~.. . , but PiI~ ,r_r. ~' ~. i~~ ~. _~ ~.~ & burn ,, ;.. - ~~ -. , k Ar v ;~ ,~ _ ";,~y ~, F ,> _, - _ ,. > ,., ~ ., - ~ ~ ~ '~`sw ~'~ -.~.~ ~ ~ r~ a zi #,~ '`-.~:~ ::i. ~ ~ I~ k~`r~~- Y.. ..~ ,~`~e. ~ . ,, ,_ ~~'' _~ ~»a f. '- '~ ' i '• _ ,yam ~ X:' ` ~ 8 is ~ y: ~. ., f-. ' , .