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HomeMy WebLinkAbout2006-05-02 Support Documentation Town Council Evening SessionTOWN COUNCIL EVENING SESSION AGENDA 6:00 P.M. TUESDAY, MAY 2, 2006 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/'1'OPIC: Citizen Participation. (10 min.) 2. Chip Domke ITEM/TOPIC: Youth Recognition Award Winners. (5 min.) Vail Mountain School: Leilani Bruntz Battle Mountain High School: Kimberley Anne Corwin 3. ITEM/TOPIC: Consent Agenda. (5 min.) a. Approval of 04.04.06 and 04.18.06 minutes. 4. Karen Schaeffer ITEM/TOPIC: Tax Collection Overview. (5 min.) 5. Greg Hall ITEM/TOPIC: Construction Update. (5 min.) 6. Stan Zemler ITEM/TOPIC: Proclamation No..2, Series of 2006. A proclamation recognizing Adam Aron for his contributions to the Town of Vail while CEO of Vail Resorts. (5 min.) 7. Matt Mire ITEM/TOPIC: Presentation of Certificate of Sufficiency, certifying as SUFFICIENT the Referendum Petition for the Town Council's reconsideration of Ordinance No. 5, Series 2006, an Ordinance Establishing Special Development District No. 39, Crossroads, Pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Title, Town Code of Vail, and Setting Forth Details in Regard Thereto. (5 min.) ACTION REQUESTED OF COUNCIL None. BACKGROUND RATIONALE: The petition was submitted to the town on April 20, 2006, as required by referendum procedures outlined in the Vail Town Charter and state statute. Now that the petition has been deemed sufficient, the Town Council will be required to consider repeal of Ordinance No. 5, Series of 2006, which established a new Special Development District for 1 Crossroads. If the Town Council fails to repeal the ordinance by a three-fourths majority, the matter would then be referred to Vail's electorate in a special election set by the Vail Town Council. STAFF RECOMMENDATION: None. 8. Bill Gibson ITEM/TOPIC: The applicant, Lancelot Restaurant, represented by Werner Schadl, is requesting permission to proceed through the development review process with a proposal involving Town of Vail owned property. (5 min.) ACTION REt~UESTED OF COUNCIL: Approve, approve .with modifications, or deny the applicant's request to proceed through the development review process. BACKGROUND RATIONALE: The applicant, Lancelot Restaurant, represented by Werner Schadl, is requesting to proceed through the development review process with a proposal to remove trees on the Gore Creek Promenade. The Gore Creek Promenade is owned by the Town of Vail, and the Town Council serves in the role of "property owner" for this site. Therefore as the property owner, the Town Council must consent to the applicant proceeding through the Town's development review process with this proposal. STAFF RECOMMENDATION: The Community Development and Public Works Departments recommend the Town Council approve the applicant's request to proceed through the development review process. Please note that should the Town Council choose to approve the applicant's request, this approval does not constitute an explicit approval of the proposed improvements; it only authorizes the applicants to proceed through the town's development review process. 9. Todd Oppenheimer ITEM/TOPIC:. Raw Water Conversion Project -Intergovernmental Agreement (IGA). (10 min.) ACTION REGIUESTED OF COUNCIL: Review the attached IGA for the Raw Water Conversion Project and authorize the Town Manager to enter into the agreement~with the Eagle River Water and Sanitation District (ERWSD). BACKGROUND RATIONALE: The Town of Vail and the Eagle River Water and Sanitation District, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw water supply. Having found the work and finances to be feasible, the District has prepared construction documents and has hired a contractor to perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction 2 is to be reimbursed to the District by the town over a 20 year period through the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year 20. Work is scheduled to begin in early May to avoid high water during spring run off. STAFF RECOMMENDATION: Authorize the Town Manager to enter into an Intergovernmental Agreement with the ERWSD to convert the irrigation systems in Ford and Donovan Parks to a raw water supply. 10. Russ Forrest ITEM/TOPIC: Funding for rational nexus studies for both Nina Timm commercial and residential linkage that would be the foundation for potentially adopting additional employee housing mitigation strategies. (15 min.) BACKGROUND: On April 18 staff made a presentation regarding numerous employee housing mitigation strategies that the Town of Vail may choose to adopt. In order to codify commercial linkage and/or add residential linkage the Town of Vail will legally need to have a current rational nexus study. The authorization of dollars for .the studies will allow the Town to engage RRC's services to complete the nexus studies. The studies will take up to ten weeks to complete. ACTION REQUESTED OF COUNCIL: Reallocate $18,500 from the Buy Down Program to pay for the completion of both a commercial and residential rational nexus studies. 11. Warren Campbell ITEMlTOPIC: Second reading of ORDINANCE 9, SERIES OF 2006, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. (10 min.) ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny Ordinance No. 9, Series of 2006 on second reading. BACKGROUND RATIONALE: On March 27, 2006, -the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase 3 V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. On April 18, 2006, the Town Council approved Ordinance 9, Series of 2006, on first reading. STAFF RECOMMENDATION: The Community Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006, on second reading. 12. Matt Mire ITEMlTOPIC: Second reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of Vail. (10 min.) ACTION REQUESTED OF COUNCIL: Approve second reading of Ordinance No. 11, Series of 2006. BACKGROUND RATIONALE: On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado,, the approved final legal description of which is set forth as Exhibit A in this `Ordinance No. 11. (the "Annexation Property"). The Town Council, by Resolution No. 6, Series of 2006, has also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met;, (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall operate to annex the Annexation Property to the Town of Vail. STAFF RECOMMENDATION: Approve second reading Ordinance No. 11, Series of 2006. 13. Matt Mire ITEM/TOPIC: Resolution No. 7, Series 2006, A Resolution rescheduling the regular Town Council meeting of July 4, 2006, to July 11, 2006. (5 min.) ACTION REQUESTED OF COUNCIL Approve Resolution No. 7, Series 2006. 4 BACKGROUND RATIONALE: Pursuant to Section 1-5-11, Vail Town Code, in the event a regular meeting would fall on a legal holiday recognized by the Town, the Council may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting. STAFF RECOMMENDATION: Approve Resolution No. 7, Series 2006. 14. Russ Forrest ITEM/TOPIC: A RESOLUTION RATIFYING THE PURCHASE OF LAND IN THE TOWN OF VAIL KNOWN AS THE MEADOW CREEK PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER, OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 81 WEST SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO. (5 min.) ACTION REQUESTED OF COUNCIL: Approve Resolution, No. 8, Series of 2006. BACKGROUND RATIONALE: WHEREAS, the Council has previously approved the purchase of the Property, and closed on the Property on or about April 28, 2006. Eagle County and adjacent property owner's committed $65,000 each to the acquisition of land. This acquisition is consistent with the Town of Vail Comprehensive Open Lands Plan. STAFF RECOMMENDATION: Approve Resolution, No. 8, Series of 2006. 15. ITEMlTOPIC: Town Manager's Report. (10 min.) • RFP for LionsHead Parking Structure. 16. ITEM/TOPIC: Adjournment. (7:50 P.M.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT TO CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR EVENING MEETING WILL BEGIN AT 6 P.M. TUESDAY, MAY 16, 2006, IN VAIL TOWN COUNCIL CHAMBERS Sign language interpretation available upon request with 48-hour notification. Please call 479-2106 voice or 479-2356 TDD for information. 5 Vail, Town Council Evening Meeting Minutes Tuesday, April 4, 2006 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 Farrow Hitt, Mayor Pro-Tem Kent Logan Greg Moffet Mark Gordon Kevin Foley Not Present: Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Andy Wiessner stated dissatisfaction with the Tipsline section of the Vail Daily in which public officials are targets for criticism and attacks by anonymous callers. Bilf Jewitt complimented George Lamb for 18 years of public service on town boards, most recently with the Planning and Environmental Commission. Kevin Foley offered the family"of the deceased Peter Apostol community condolences. Jay Peterson thanked town staff for its diligent assistance in facilitating the opening of the Tivoli Lodge. Slifer then encouraged everyone to stop by and tour the newly rebuilt family-owned hotel. The second item on the agenda was the Consent Agenda. A. Approval of March 7, 2006 and March 21, 2006 Minutes. Moffet moved to approve the minutes with two changes identified in the work session, The motion was seconded by Foley. The motion passed 6-0. The third item on the agenda was an Olympic Proclamation honoring Toby Dawson Lindsey Kildow and Sarah Schleper. Moffet moved to approve the proclamation with Hitt seconding. The motion passed 6-0. The fourth item on the agenda was an Eagle County Growth Forecast Presentation. Eagle County Commissioner Peter Runyon introduced County Administrator Bruce Baumgartner. He then reported Eagle County's population doubled in the 1970s, then again in the 1980s. "The population is now around 50,000...the state demographer says the population will be around 90,000 in 2030...Growth is a part of our future." He then explained "Baby Boomers" bring wealth to a community, simultaneously creating housing demand pressure. He did emphasize growth has created many economic and social benefits for the region. A point of concern was reported to be that community interests and tastes are evolving and that what has worked in the past will not work in the future. Runyon posed several questions, including: • What will our future demographic mix be? • Where will they live? • What services will they demand and require? • Will there be limits on the resources? He also described population trends caused by the historical westward migration as well as immigration pressures. "We (Eagle County Commissioners) believe it's' the role of local and county governments`to prepare for and manage responsible growth...We need to balance property rights with the protection of the community's quality of Iife...We believe the only way for Eagle County to be truly effective in managing growth is to work in close cooperation with municipalities." Representing the Vail Village Homeowners Association, Jim Lamont questioned the county's actions in the past regarding population growth. Gordon thanked the two county officials for their presence. The fifth item on the agenda was Eagle County Trails (ECO). ECO Board Member Dick Cleveland reported over the past several years the degradation. of the recreation path over Vail Pass has been an ongoing issue. "ECO Trails has been working with Colorado Department of Transportation (CDOT) to address the issue. We are asking for support from local communities that all benefit from the path's existence." Cleveland then asked Council to join other local entities in requesting that two areas of unsafe conditions on the Vail Pass Recreation path be immediately addressed by CDOT. "We are asking that the Mayor be authorized to sign the attached letter on behalf of the TOV." Moffet moved to support the action with Foley seconding. The motion passed 6-0. The sixth item on the agenda was the Booth Creek Controlled Burn Update. Fire Chief John Gulick reported Vail Fire and U.S. Forest Service (USES) have been cooperatively working together on the "Booth Creek Prescribed Burn" since March, 1998. In April, 2004 the town entered into a Memorandum of Understanding with the USES to complete Unit # 6, which is primarily town-owned land of approximately 22 acres. This unit consists of grass, sagebrush and other shrub components proposed for ignition by fire crews on the ground, when conditions meet prescription requirements and surface fuels are dry. The proposed burn area is bordered by rock cliffs above and the South Frontage Road below, east of Vail Mountain School. A spring burn is. preferred, due to the receding snow line. USES Wildfire Specialist Phil Bowden stated his organization would offer supplemental fire suppression crews. Council agreed to support the prescribed burn. The seventh item on the agenda was the First Reading of Ordinance No. 8, Series of 2006, an Ordinance making Supplemental Appropriations to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Fax Fund, Heavy Equipment Fund, and Dispatch Services Fund of the 2006 Budget for the Town of Vail, Colorado. During discussion of this item, Moffet suggested that a future work session item be planned to discuss adding to the potential uses of Real Estate Transfer Tax funds. He. suggested Council consider using the funds to mitigate the environmental impact of global warming. He also suggested Council consider signing a proclamation committing to abide by environmental guidelines set forth in the Kyoto Treaty. The Kyoto Treaty was ratified by 140 nations, with some notable exceptions. Signatory countries are legally committed to meeting emissions targets by 2012. The United States did not sign the treaty and any town action would only be symbolic. Moffet then expressed displeasure with the proposed heating of Meadow Drive. "Using a gas boiler is foolhardy in the extreme." Gordon echoed Moffet's comments and encouraged the use of wind energy. Moffet moved to approve the ordinance with Gordon seconding. The motion passed 6-0. The eighth item on the agenda was the First Reading of Ordinance No. 10, Series of 2006, an ordinance repealing and re-enacting Chapter 12=20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas. Moffet moved with Hitt seconding a motion to approve the ordinance. The motion passed 6-0. The ninth item on the agenda was the Second Reading of Ordinance No. 7, Series 2006, an Ordinance Providing Certain Text Amendments to Title 8, Chapter 1, Vail Town Code, Regarding Use of the Public Way. On March 21, Council approved on First Reading Ordinance No. 7 Series 2006 an ordinance providing certain text amendments to Title 8, Chapter 1, Vail Town Code, regarding use of the Public Way. Moffet moved with Hitt seconding a motion to approve the second reading the ordinance. The motion passed 6-0. The tenth item on the agenda was Resolution No. 5, Series of 2006, Public Way Fee Schedule. At the March 7 Council work session, staff proposed to change the public way permit fee schedule from a flat fee to a rate schedule that is relative to the impact of the street cut or use of the public way. The proposal included not only charging a fee for street cuts but also for use and occupancy of the public way (i.e. construction staging) and provided fee schedules for both construction season and non-construction season. In order to accomplish this in accordance with Town Code, staff requested Council approve this new public way fee schedule by resolution. Moffet moved with Gordon seconding a motion to approve. The motion passed 6-0. The eleventh item on the agenda was Resolution No. 6, Series 2006, A Resolution of the Town Council of the Town of Vail Setting Forth Findings of Fact and Conclusions Regarding Annexation Eligibility. At the regular meeting on February 21, 2006, Council adopted Resolution No. 2, Series of 2006, finding the Petition for Annexation is in substantial compliance with C.R.S. § 31-12-107(1) and setting a public hearing to determine if the proposed annexation complies with C.R.S. §§ 31-12-104 and 31-12-105 or such parts thereof as may be required to establish eligibility for annexation. This Resolution required Council to make the formal findings set forth in this Resolution No. 6, that the parcel of land proposed to be annexed as set forth in the Petition for Annexation is eligible for annexation to the Town of Vail. Due to a predetermined conflict of interest (affiliations with Vail Resorts), Slifer and Gordon recused themselves from the item and left the Council chambers. Gordon emphasized he was an hourly wage, front line Vail Resorts employee and would be hesitant to recuse himself in the future. Moffet moved to approve the resolution with Logan seconding. The motion passed 4-0. The resolution established the parcel met statutory criteria for annexation. The twelfth item on the agenda was the First Reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property To the Town of Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11 (the "Annexation Property"). The Town Council, by Resolution No. 6, Series ~ of 2006, also determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 operated to annex the Annexation Property to the Town of Vail. Due to a predetermined conflict of interest .(affiliations with Vail Resorts), Slifer and Gordon recused themselves from the item and left the Council chambers. Moffet moved to approve the ordinance with Foley seconding. The motion passed 4-0. The thirteenth item on the agenda was the Town Manager's Report. Stan Zemler reported Gordon and Moffet will serve as. Council representatives on the soon-fo-be- formed Economic Advisory Council. The fourteenth item on the agenda was Adjournment. Moffet moved to adjourn with Foley seconding at approximately 7:35 p.m. The motion passed 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. 4 Vail Town Council Evening Meeting Minutes Tuesday, April 18, 2006 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 Farrow Hitt, Mayor Pro-Tem Greg Moffet Kim Newbury Mark Gordon Kevin Foley Not present: Kent Logan Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Asst. Town Manager The first item on the agenda was Citizen Participation. Steve Rosenthal, owner of Colorado .Footwear said he believed the recent Street Beat Concert Series was extremely successful. Randy Guierro suggested the town purchase the current location of the Roost Lodge. He specifically recommended the western portion of the partial. He said he believed the eastern portion of the partial would better facilitate the taller tower of the proposed Marriott Residence. The second item on the agenda was appointments to the Vail Local Licensing Authority (LLA) and Vail Local Housing Authority (VLHA) boards. LLA All applicants to the LLA must be citizens of the United States, qualified electors of the Town of Vail, and have resided in the Town of Vail for not less than two years preceding appointment, and shall have no direct financial interest in any license to sell alcoholic beverages or any location having any such license. Duties of the five-member board include review of all Town of Vail liquor license. applications. There were two vacancies on the LLA. The Town received four (4) applications for the vacancy. The applicants were: Kaye Ferry* Robert McKown* Connie Knight Bryant Roth *tncumbent board members Hitt. moved to appoint Kaye Ferry and. Robert McKown to the LLA with Foley seconding. The motion passed unanimously, 6-0. VLHA Applicants must be full-time, year-round residents of Eagle County who either are residents of the Town of Vail or work for a business holding a Town of Vail business license. Authority members must have a proven ability to be an effective advocate for a full range of housing projects and be able to promote a vision for local employee housing that has been approved of by the majority of the Authority. The role of Authority members is to act as Board of Directors for the business of the Vail Local Housing Authority. The duties may include Budget Approval, Adopting Policies, Advocacy, Staff Oversight, Strategic and Long-Term Planning, Setting Development and Acquisition Parameters and potentially managing the existing Town of Vail deed- restricted housing inventories. Technical experience in one of the following areas was also desirable: Financing o1 Large Projects, Development, Construction/Construction Management, Planning, Design, or Legal. The applicant was: Mark Ristow* "Incumbent board member Moffet moved to appoint Mark Ristow to the VLHA. Newbury seconded. The motion passed unanimously, 6-0. The third item on the agenda was the Gore Creek Promenade Pedestrian Bridge Replacement. A. Pedestrian Bridge Replacement Project Manager Gregg Barrie explained an evaluation of the bridge indicated that it is under designed for its intended use. Alternatives have been discussed in depth with Council and included full removal of the bridge, partial removal of bridge components, and replacement of the bridge structure on the existing abutments. At the April 4, 2006, Council Work Session, Council directed staff to proceed with replacement of the bridge. structure on the existing abutments. Alternatives were considered in conjunction with proposed improvements to the Whitewater Park. Design work is.continuing on the Whitewater Park and staff will return in the near future for additional direction on that project. B. Artwork for Pedestrian Bridge Barrie reported this project was originally brought to Council and approved in 2002; however, modifications have been made to keep within budget. A jury composed of Vail residents chose the artist. The current proposal combines eight art panels with traditional spindles. The panels depict Vail recreational activities and are made of layered perforated stainless steel. Art in Public Places voted unanimously to approve the artwork shown in the attached drawings. The board i5 working with the artist to finalize construction details. AIPP approved spending up to $30,000 on the project. Barrie then requested three items: 1. Increase the Pedestrian Bridge Project budget by $170,000 to $295,000. 2. Authorize the Town Manager to enter into a contract with B & B Excavating, Inc. to construct the Gore Creek Promenade Pedestrian Bridge Replacement Project in the fall of 2006 in conjunction with the Village Streetscape Improvements. 3. Approve the AIPP expenditure of Gp to $30,000 for the artistic railing panels. (Item B below) Moffet moved to approve Barrie's three requests with Gordon seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was the first reading: of Ordinance No. 9, Series of 2006, an ordinance repealing and re-enacting Ordinance 2, Series of 1997, Flaum -The Valley Phase V, Special Development District (SDD) No. 34, amending and reestablishing SDD No. 34,. in accordance with Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for a major amendment to SDD No. 34, Flaum -The Valley Phase .V, to increase the allowable gross residential floor area for (GRFA) employee housing units (EHUs) and associated garages within the district. Senior Planner Warren Campbell explained on March 27, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in regard thereto. Moffet moved to adopt the ordinance with Newbury seconding. The motion .passed unanimously, 6-0. The fifth item on the agenda was Emergency Ordinance No. 13, Series of 2006: Moratorium on new planning applications in the Lionshead Mixed Use 1 and 2 zone district which consider a net loss in accommodation units, employee housing units, and parking. Mire explained upon review of the Lionshead Mixed Use 1 and 2 Zone District, staff concluded it was possible for a existing hotel to be demolished and redeveloped as a condominium project. This could have resulted in the net loss of hotel rooms which is counter to the established policy of the Town and the Lionshead Redevelopment Plan which provides for the creation and retention of "live" rooms. Furthermore, the Lionshead Redevelopment Master Plan stipulates there shall be no net loss of parking spaces and employee housing units (EHUs). This was however not codified and staff felt the policy should be incorporated into Title 12 to ensure clarity and enforcement of this policy. The purpose of this emergency ordinance is to prevent application of any new development project in the Lionshead Mixed Use 1 or 2 zone districts which would propose a net loss in hotel rooms, parking, or employee housing units within 60 of the approval of Ordinance 13, Series of 2006 while an amendment is being considered to affect the above mentioned changes. An application was made on April 5, 2006 by the Town of Vail to amend the Lionshead Mixed Use 1 and 2 Zone District along with amending the Lionshead Redevelopment Master Plan. Within that 60 day time period, the town would propose amendments to the above mentioned zone districts and. the Lionshead Redevelopment Master Plan. Moffet moved to approve the ordinance with Newbury seconding. Due to a predetermined conflict of interest, Slifer recused himself from the item and left the Council Chambers. One of the owners of the Best Western, Estagaio Cortina said he believed the ordinance was targeted to limit his development rights as he bought the hotel for its redevelopment potential. Mara Kleinschmidt, Mr. Cortina's legal representative, clarified when Cortina became owner of the property. She then argued the town was guilty of granting special privilege and not appropriately addressing why the ordinance was an emergency. "There is not doubt this ordinance will cause irreparable and permanent damage to my client." At the advice of Mire, Moffet amended his motion to change the term hotel rooms in the ordinance to accommodation units. The motion and second was then amended. Foley said he was on Council when the Lionshead Master Plan was approved and the intent of the document was to not lose any hotel rooms. Co-Best Western owner Alejandro Diaz clarified he would have the opportunity to discuss the ordinance in the future. Representing the Vail Village Homeowner's Association, Jim Lamont asked for an accounting of why an "oversight" such as the potential loss of accommodation units had been overlooked. The motion passed unanimously, 5-0. The sixth item on the agenda was the SECOND READING OF ORDINANCE NO. 8, SERIES OF 2006, AN ORDINANCE MAKING SUPPLEMENTAL APPROPRIATIONS TO THE TOWN OF VAIL GENERAL FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HEAVY EQUIPMENT FUND, AND DISPATCH SERVICES FUND OF THE 2006 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND AUTHORIZING THE EXPENDITURES OF SAID APPROPRIATIONS. Finance Director Judy Camp thanked Budget. Analyst Gina Bentz for all of her diligent work during her career at the Town of Vail. She then introduced Kathleen Halloran as Manager of Budgets and Financial Reporting. Camp then explained the supplemental budget had not changed since the first reading of the ordinance other than the inclusion of the Wendy's property purchase price. Moffet expressed concern the heating of Meadow Drive would generate additional green house gases. "We need to look at how we do business and decide if we want to become a heck of a lot more environmentally sensitive." Zemler clarified the town was conducting a recycling study, purchasing wind power and exploring the possibility of a feasibility study for a bio-mass energy plant. Moffet then suggested a full energy audit be performed on the town. Slifer encouraged looking, at the feasibility of utilizing solar energy. Hall said the boilers to be used to heat Meadow Drive could be modified to use energy other than natural gas. Moffet moved to approve the motion with Gordon seconding. The motion passed unanimously, 6-0. The seventh item on the agenda was the Second reading of Ordinance No. 10, Series of 2006, an ordinance repealing and re-enacting Chapter 12-20, Annexed Areas, Vail Town Code, to amend the process for zoning district determination of annexed areas. Mire reported on. March 10, 2006, the PEC voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed text amendment to the Vail Town Code. On April 4, 2006, the Vail Town Council approved first reading of Ordinance No. 10, Series of 2006 as read. Moffet moved to approve with Hitt seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was second reading of Ordinance No. 11, Series 2006, An Ordinance of the Town of Vail Annexing Certain Real Property to the Town of Vail. On February 14, 2006, The Vail Corporation filed with the Town Clerk for the Town of Vail a Petition for Annexation requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth as Exhibit A in this Ordinance No. 11. (the "Annexation Property"). The Town Council, by Resolution No. 6, Series of 2006, also determined with regard to the Petition for Annexation for the Annexation Property: (i)' the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met; (ii) an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail. Accordingly, this Ordinance 11 shall operate to annex the Annexation Property to the Town of Vail. Mire explained the property transfer would close on April 26. Moffet moved to table the item until May 2, 2006 with Newbury seconding. Representing Vail Resorts, Jay Peterson said there was no longer litigation involving the property. The motion passed unanimously, 6-0. The ninth item on the agenda was Resolution No. 12, Series 2006, A Resolution Approving the Purchase of Land in the Town of Vail Commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and Legally Described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado. Council considered it in the interest of the public health, safety and welfare to purchase the real property and improvements thereon with the physical address of 2399 N. Frontage Road, Vail, Colorado, commonly known as Parcel No. 210311415019 by the Eagle County Assessor's Office, and legally described as Parcel A, a resubdivision of Tract D, a resubdivision of Vail Schone Filing No. 1, Town of Vail, Eagle County, Colorado (the "Property"). Mire explained approval of Resolution No. 12, Series 2006, was required to purchase the Wendy's parcel and the town was under contract. Moffet moved to adopt the resolution with Gordon seconding. During a pause for public comment, Bill Jewitt asked Council to consider moving the town offices to the Chamonix (Hud-Wirth) site and sell the parcel the present town offices set on. Gordon explained this was a great opportunity for the town. The motion passed unanimously, 6- 0. The tenth item on the agenda was the Raw Water Conversion Project - Intergovernmentat Agreement. Public Works Director Greg Hall asked Council to authorize the Town Manager to enter into the agreement with the Eagle River Water and Sanitation District (ERWSD). The Town of Vail and the ERWSD, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw water supply. Having found the work and finances to be feasible, the District has prepared construction documents and has hired a contractor to perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction is to be reimbursed to the District by the town over a 20 year period through the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year. 20. Moffet moved with Foley seconding a motion to table the IGA until May 2, 2006. The motion passed unanimously, 6-0. The eleventh item on the agenda was the Town Manager's Report. There was nothing reported. The twelfth item on the agenda was Adjournment. Moffet moved to adjourn with Gordon seconding at approximately 7:15 p.m. The motion passed unanimously, 6-0. Rodney E. Slifer, Mayor ATTEST: Lorelei Donaldson, Town Clerk Minutes provided by Corey Swisher. MEMORANDUM TO: Town Council FROM: Community Development and Public Works Departments DATE: May 2, 2005 SUBJECT: A request to proceed through the Town of Vail development review process for a proposal involving Town of Vail property, located at the Gore Creek Promenade/Part of Lot A, Block 5B, Vail Village Filing 1. Applicant: Bell Tower Condominium Association and Lancelot Restaurant, represented by Werner Schadl Staff: Bill Gibson and Todd Oppenheimer I. SUBJECT PROPERTY The subject property is the Gore Creek Promenade, Tract 1-A Vail Village Filing 1. The property is zoned Outdoor Recreation (OR) District.- II. BACKGROUND AND DESCRIPTION OF THE REQUEST The applicants, Bell Tower Condominium Association and Lancelot Restaurant, represented by Werner Schadl, are requesting #o .proceed through the development review process with a proposal to remove trees on the Gore Creek Promenade. The Gore Creek Promenade is owned by the Town of Vail, and the Town Council serves in the role of "property owner" for -this site. Therefore as the property owner, the. Town Council must consent to the applicant proceeding through the Town's development review process with this proposal. III. STAFF RECOMMENDATION The Community Development and Public Works Departments recommend the Town Council approves the applicant's request, to proceed through the development review process. IV. ATTACHMENTS Attachment A: Vicinity Map Attachment B: Applicant's letter of request Attachment C: Site Photographs -1 ,., it V ?f ~~~ '` ~ Part. of Lot A, Block 5B, Vail Village Filing 1 it T wn Council 2 06 ~'S ~, Va o Ma 2 0 ><: ..~ ~~ Y ,. ~ . ~. _ _ - --- p l ,, t1 ~ ~ f. y-e ~~ t.y ~ _ _ .J Y ~~.~ Tel:.. ~ l a~ ti n~l~'E' ..'sJ4~~.~t,:~~"'- .~~ J s vy . ?~.:t. y 0 •x+,F--~ - ~^~~: •l.-~` ~4~~. .'q~ x~ ` dG r~-~- .~r~r '~~. ~ ~ i ~.-- ~ - - f- µ fey{ ~Qi rf~ r --7 S~' _-~' _ v- ~ F': r~- r7" ~r~• ! i ~ ,:..,,~ ,~~ „i-.:.. ,.,,~ ~`~ `~~ ate. tip= ,~ Q ~ Trees to be removed _ ~~.. ~ ,~ ,, of ~` ,~~,~~ ~ ~, '~, r ~ 3 •r ~. y k. ~~.pllt c ~. ~ ~r tix'. ~ ~.. ~ r ti '-.fL'~ 1 ,~ ~~~ lyl 11cr1.~ rv tiF ~ d~ r~b x ~:,- ~ ~-. ~~ II'I'` ~: ~ ~ :. ~ _ s. _ J . f ysq °~ 1 ~• 6 TT , ~~ ~ r ? ~ b~ ~• ~ ~ ~ ~ t~~ J • ~Y `~ ~ ~~ ~~~lll titiff {{fi~ey,.. ... ° ~»;-'_- , .., ~ ti 3 (~..• - - ~~x ,if .~ ., i` ,,~¢_x ., i~~ e'~Y';,t"~ . ~, ~ j`ai' I' J }, ~+, ~ ~~ ,,.,,~.., . ?u ~ ~. ~ Tr~ ..~riA 'I~t, s~'.~3.. ~.'~ ai... -:~a.. ~ rp - ~a'1 ~ ~ - "a4 hi' ~1 1.. ttt 4, a. T _ ~ Z "~ , ~ -. „ _ y~ ~Y - .. ~ ~ ~[{(y~f ~:C3 ~ ,,-.-~' ;`fir., '~`~ ~ '~'~~.,r.:'~r ~1 ~•~ . r~ _ ~~. .6 ~ 1t 5 ~~ ~ ~ y~• r ~ r~ \`? ~c _ ~:~~ ~ e a~~~4 ~-. ~ lh ,~~ ~ _ _ ~ e ~. `tom ~ • _ ,1= ~ ~~ .i.. ~~ 1 ~ -+.. ® ~ This maP was created by the Town of Vail GIS Department. Use of this map should be for general purposes only. r3~ ~ 5~ Feet The Town of Vail does not warrant the accuracy of the information contained herein. (parcel line work is approximate) ~1~ Attachment: B f Lancelot Inn 201 E. Gore Creek Dr. Vail, CO 81657 Apri125.2006 Town of Vail, Design Review Board Re: Removal of trees on Gore Creek Promenade by Lancelot Restaurant To Whom It May Concern: Bell Tower Condo Association /Lancelot Restaurant would like to see the three Aspen trees removed at this time. With the ongoing improvement by the T.O.V. installing the snow melting systems at Gore Creek Promenade, now would be the right time to do so. In my conversation with Mr. Steve Weber from B&B, we told him that we always had issues where the concrete edge met the border of the pavers. It has always been uneven and a problem. We are concerned for the safety of our guests along with others getting hurt on the property which Lancelot Restaurant is leasing from T.O.V. After discussing the matter with Mr. Todd Oppenheimer, he also expressed that the trees do not look healthy. As you can see from the pictures, it~would be the proper improvement at this time while construction is in full swing and underway. Thank you for you attention and help in this matter. erner chad Lancelot Restaurant 970.390.2211 (cell) APR 2 6 1046 TOWN OF VAIL Phone: 970-476-5828 Fax: 970-476-4746 E-mail: lancelot@vail.net ~! ~ ~ _ ', t ~. /~?' ! ', ~ "`"~ +:"''ATM" _ - ~~ r i ;'~ 1- ~ ~ ~ - ~ a 1 4 Y 1~ it ! r-, Y[ S ~~ ~ + r Iy1 ` 4 ry s ~i 1 r - -'_.~. s i r c~,a _ 1 1 ' ~ } ' - Y/r ^' b 6 _ ~S 11:7 6~ ~ 1 ( F1~ '. ,r 1 i ~ - ,~J 1 ~l i 1 ~~ 4~ ` ~ j ~ 1 i ~ _ . _ a ~ i _ . ~ ~1~4 1 ~ ~, ~, ~ ,p ~ ~ =~ _ ~ ~° F '~ ` - ~ ~~' f ~ ~ ~ ~ 1 _ ~ ~~i I,,~ '~ ~,( ~ ~~ ~~ } ~ 1 a s . ` '~ ~ ~ ~ ~ ~ ~~ ~ - ~ ~ ~ ~ ~ ~,'~ _ ~ E Y _ , ~ ~ ~~l ~ i11 , _ I - L~'~ j 71 s~ '~~~1 ~ ~ _~ ~` ~ j~, ~ G~ - ~ ~ a ~ ~ r ,~ ,ti - ' ~1 ' ~ ~~ -\ a ~. ~'rt J / ~i r ~~ s ' ~ w ` ~~ " i i ~ l~~i 1 f1lll ~;'' . ~ 1V~ ~ ~ !1 ~ ` ` ~ ~~~~.~`,,~~: ~.~ ~ ~'~ ,, ~~'~~1 r, ,a, _ , ,, ;;,, ~ \~ ',ti\ 1 ` ~' ~ ~. 1 0 .~ ~ . ~ - i ~ _ 4.,-s- ~ ~ T`5 am ' ~1r'` ~ t t f ~ T~5 # 5 z rt _ ~``~ ~ y ~?, 4 ~. r ~ ~ 7~'~ .yt p ~ - ifc 11 !~ 3 - ,,.:4r ~~ -. ~'r l ~~` ~~~ ti", l ~ „!~ ~ _ . ' ~~)~ D n 7 n DRAFT TOWN COUNCIL AGENDA REQUEST (Request form must be given to the Secretary to the Town Manager by12:00 p.m. Thursdays.) MEETING .DATE: May 2, 2006 Work Session Evening Meeting Site Visit TIME NEEDED: 10 min TIME NEEDED : 10 min TIME NEEDED WILL THERE BE A PRESENTATION ON THIS AGENDA ITEM BY NONTOV STAFF? NO. X YES. Specifics Linn Schoor, Eagle River Water and Sanitation District WILL THE PRESENTATION OF THIS AGENDA ITEM REQUIRE ANY SPECIAL EQUIPMENT, i.e. overhead projector, etc.? X NO. YES. WILL THERE BE MATERIAL TO BE INCLUDED IN COUNCIL PACKET FOR THIS ITENP NO. X YES. If yes,. is the material also forpublic distribution? Yes. X No. ITEM/TOPIC: Raw Water Conversion Project- Intergovernmental Agreement. ACTION REQUESTED OF COUNCIL Review the attached IGA for the Raw Water Conversion Project and authorize the Town Manager to enter into the agreement with the Eagle River Water and Sanitation District. BACKGROUND RATIONALE: The Town of Vail and the Eagle River Water and Sanitation District, in November of 2003, jointly completed a feasibility study investigating the conversion of the irrigation systems in Ford Park and Donovan Park from treated water to raw watersupply. Having found the work and finances to be feasible, the District has, prepared construction documents and has hired a contractorto perform the work. The cost of the work to be paid by the District is $396,210.65. The cost of construction is to be reimbursed to the District by the Town over a 20 year period through the water rates paid by the town. All pumping and filtration equipment will be owned and maintained by the District. The conversion to raw water will decrease the overall cost of water for these two parks and will decrease the treatment costs for the District. The savings to the Town varies year to year within the 20 year period and is projected to be $10,000 the first year and $20,000 at year 20. Work is scheduled to begin in early May to avoid high water duing spring run off. STAFF RECOMMENDATIONt Authorize the Town Manager to enter into an Intergovernmental Agreement with the Eagle River Water and Sanitation District to convert the irrigation systems in Ford and Donovan Parks to a raw water supply. Todd Oppenheimer Employee Signature/Department f:\everyone\counci I\requests\amaster. req INTERGOVERNMENTAL AGREEMENT )F'OR THE VAIL RAW WATER PROJECT 2006 THIS AGREEMENT is made and entered into this day of 2006, by EAGLE RIVER WATER AND SANITATION DISTRICT, aquasi-municipal corporation and political subdivision of the State of Colorado, ("District") and the TOWN OF VAIL, a political subdivision of the State of Colorado ("Town"). Collectively these entities are also referred to as the "Parties". RECITALS WHEREAS, Eagle River Water and Sanitation District is a water and. sewer District organized and existing under the Service District Act of 1972, §32-7-101 C.R.S., et seq.; and WHEREAS, the District is empowered to provide water and sewer service to its customers and constituents within and without its boundaries, within Eagle County, Colorado, on such terms and conditions as the District may decide; and WHEREAS, Section 18(2)(a) and: (b), Article XIV of the Colorado Constitution, Section 29-1-203, C.R.S., and Section 32-1-1001, C.R.S., provide for the ability of the Parties to enter into contracts and agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; and WHEREAS, the Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions inay thereby secure high quality governmental services; and WHEREAS, it is recognized by the Parties,. that the public health, safety and welfare of their inhabitants is best served by providing high quality water and sewer services; and WHEREAS, Town wishes to decrease its irrigation fees and conserve water in connection with Ford Park and Donovan Park, and therefore wishes to use raw water for irrigation and reinstate and integrate an existing computer control function to the irrigation system for Ford and Donovan parks. Such hookup to the District's raw water system and installation and integration of such computer control function is hereinafter referred to as the "Town Irrigation Project"; and WHEREAS, the District wishes to encourage the use of raw water for irrigation uses, rather than treated water, in order to decrease treatment costs, reduce peak summer system demands from irrigation uses, and potentially delay the expansion of water treatment facilities, and therefore wishes to construct raw water intakes and pump stations at Ford and Donovan Parks to provide a supply of raw water to the Town. Irrigation Project ("District Raw Water Project"); and WHEREAS, the Parties wish to combine their construction efforts to achieve. cost sharing and cost savings benefits, minimize disruption to the neighborhood and to allow the installation of infrastructure projects to be phased in logical sequence. The Parties desire for the District's Raw Water and the Town's Irrigation Projects to be administered, constructed and installed, to the extent provided for herein, as one project (collectively, the "Project"); and WHEREAS, each of the Parties hereto desires to work together to authorize and accomplish the construction of the Project; and WHEREAS, each of the Parties hereto has determined it to be in the best interests of their respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, and for other good and valuable consideration, the Parties hereto agree as follows: Cooperation. The Parties agree to cooperate in the planning, construction, installation, management, operations, cost and expense sharing, administration and warrantee phases of the Project referenced in this Agreement and to cooperate and facilitate the combined efforts including, but not limited to the execution of any additional agreements, easements, and rights-of--way. After completion of the . Project, the relationship of the Parties shall be that of supplier and customer and service shall be provided subject to the District's rules and regulations, and raw water use fee agreement to be executed following completion of The Project. 2. Des~n Costs. The District agrees to pay all Project design costs to the engineer and consultants. The Town will pay these costs back to the District through periodic payment of the Raw Water Use Fees billed to the Towri by the District. 3. Project Mana eig Went: The District will provide inspections of the raw water system .and a construction management representative ("District Construction Manager") to coordinate the construction work, provide clarifications to the contractor and review -and approve proposed field changes, cost changes and tune changes in a timely manner. The Town will provide a construction management representative ("Town Construction Manager") to coordinate execution of the Town Irrigation Project with the District Construction Manager as required herein. With respect to coininunications with Project contractors, engineers, suppliers and 2 consultants, the Town Construction Manager shall not have authority to bind, or otherwise affect the obligations of, the District. 4. Geotechnical Testing. The District agrees to pay all geotechnical testing costs. The Town will pay these costs back to the District through periodic payment of the Raw Water Use Fees billed to the Town by the District. 5. Construction Contract. The District will contract with the contractor for items included in the original design and bid documents approved by the Town. The District will coordinate and supervise the Project, will engage a general contractor to execute the Project, and will be the Owner as defined in the construction contract. The District will coordinate the negotiation of a contract and coordinate the construction work, provide clarifications to the contractor, and work with the Parties regarding any change orders or modifications to.the construction contract. No work outside of the construction contract will be coininenced without approval by the Town Construction Manager. The District will obtain a change order with its general contractor, as necessary, to cause the Town to be added as an additional insured for liability insurance purposes, with the costs of such addition, if any, to either be a component of the Town's Raw Water Use Fee or otherwise paid by the Town. Such insurance shall be in an amount equal to $1 million per incident and $2 million aggregate. 6. Cost Sharing. The District agrees to pay all costs to the contractor and consultants for the Project. The Town will pay these costs back to the District through periodic payment of the Raw Water Use Fees billed to the Town by the District. The sharing of costs does not extend to the Town's Maxicom System as discussed in Section 8. 7. Change Orders. Any change orders that arise during construction will be reviewed by the District and Town Construction Manager prior to approval. Change order work will be completed by the contractor at contracted unit costs, lump sum costs agreed to in advance or on a cost-plus basis. Additionally, the Town Construction Manager will review plans and approve change orders and invoices in a timely manner. Neither the District nor its contractor will coininence any work outside of the contracted items for which it expects reimbursement from the Town without the prior approval of the Town's Construction Manager. 8. Maxicom System Inclusion: Upon written notice to the District that the Town has appropriated adequate funds for the purchase and installation of a Maxicom System and any associated equipment into the Town Irrigation Project, the District shall execute a change order to the District's Project construction contract for the same. The Town shall be responsible for identifying and selecting the Maxicom System and for incorporating the Maxicom System into the Town's computerized irrigation system, and the District shall bear no liability in the event that the 3 Maxicom System does not function properly due to program, mechanical or physical incompatibility with the Town Irrigation Project or due to any defect in the product. The District shall invoice the Town for all costs related to the installation of the Maxicom System. The Town shall pay District for change order items related to Maxicom as invoiced during the course of construction within 30 days of receipt by the Town Construction Manager. All inspections for the Maxicom system and connections are to be done by the Town Construction Manager. Any incidental items, costs or change orders related to installation or startup of the Maxicom System shall be handled according to these terms. Notwithstanding the preceding portions of this Section, the Town shall reimburse the District for all payments it makes in connection with the Maxicom System unless such payment was the result of a grossly negligent or intentionally improper act of a District employee. 9. Project Meetings. The District will snake a good faith effort to invite a representative of the Town to meetings concerning the Project, and otherwise provide open: communications throughout the Project. 10. Relocation of Gas or Other Utilities. The District agrees to pay the cost of relocatirig gas or other utilities required by alignment of the District Raw Water Project. The Town will pay these costs back to the District through periodic payment of the Raw Water Use Fees billed to the Town by the District. 11. Operation and Maintenance. Once construction is completed, the District will own, operate and maintain intake, pumps, controls, valves and up to valves/connection between raw water pump station and irrigation lines (the Raw Water Project). The Town will own and is responsible for the irrigation system, mains and Maxicom component (the Town Irrigation Project). The Town will maintain backup connection to the domestic system, with an air gap and backflow prevention device. This backup inay be required to be connected during water supply emergencies. 12. Raw Water Use Fee: The District will calculate a Raw Water Use Fee sufficient to pay for all District costs to provide raw water to the Town for irrigation at Ford and Donovan Parks and recoup the costs related to installation, operation and maintenance of the Project, including engineering, permitting, water rights transfer, construction, materials, interest and other costs over a period of approximately 20 years. After a period of 20 years and once all capital costs have' been recuperated, a new raw water use fee will be recalculated for operation and maintenance. The raw water use fee will not exceed that of a domestic water use fee. A Raw Water Use Fee Agreement specifying rates, water schedule, etc. will be executed at the tune the District's Raw Water Project is connected to the Town Irrigation Project. 4 13. Warranties. For any work that the Town determines does not conform to the Project or Town ordinances or specifications, or needs to be completed under warranty conditions, the Town shall notify the District and the District will notify the contractor under the terms of the District's agreement with the contractor. 14. Transfer of Warranties and Enforcement Powers. District will obtain, in writing, requisite warranties of at least a TW0-YEAR period from District's contractor for workmanship and/or materials for facilities, infrastructure, and appurtenances constructed for the Project. Warranties for the Project facilities, infrastructure, and appurtenances shall remain with the District. 15. Release from Liability. The Parties are affecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless pursuant to Section 28 from all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. 16. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. 17. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. 18. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the Eagle County court, State of Colorado, pursuant to the appropriate rules of civil procedures. 19. Ca tions. The headings and sections and paragraphs are included only for convenience and reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 20. Binding Agreement upon Successors and Assigns. This Agreement shall run with the land, and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 21. Interested Persons. Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity 5 other than the District and the Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of the Town, the District, or any other entity not a party hereto. 22. Notices. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States snail, postage prepaid, with return receipt requested, addressed to the parties as follows: Town of Vail c/o Matt Mire, Town Attorney 75 South Frontage Road Vail, CO 81657 Eagle River Water and Sanitation District Dennis Gelvin, General Manager 846 Forest Road Vail, Colorado 81657 With a copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 23. Severability. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either. Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 24. Waiver. The waiver of any breach of.any of the provisions of this Agreement, by any party, shall not constitute a continuing waiver of any subsequent breach by that party, either of the same, or of another provision of this Agreement. 25. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 6 26. Duplicate Originals. This Agreement may be executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 27. Separate Entit Sy tatus. In no event shall either party, its employees or its representatives, be considered or authorized to act as employees or agents of the other party. 28. Indemnification. Each party, to the extent permitted by law and subject to all of the immunities, defenses and protections afforded to that party by the Colorado Governmental Immunity Act, shall indemnify and hold harmless, the other party, its officers, directors, employees and agents from and against any claims including attorneys fees, arising out of the negligence of the officers, employees or agents of the indemnifying party and rising out of the performance of services under this Agreement. 29. Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or coinmotions, war, acts of aggression, floods,. earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 30. Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. 7 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER AND SANITATION DISTRICT By: Name: Title: STATE OF COLORADO ) ss. COUNTY OF ) Subscribed and sworn to before me this day of , 20 .by as and as of the Eagle River Water and Sanitation District. My commission expires: Notary Public 8 TOWN OF VAIL, COLORADO By: Name: Title: STATE OF COLORADO COUNTY OF ss. Subscribed and sworn to before ine this day of , 20 , by as on behalf of the Town of Vail, Colorado. Witness my hand and official seal. My commission expires: Approved as to Form By: Title: Notary Public 9 MEMORANDUM TO: Vail Town Council FROM: Russ Forrest Nina Timm DATE: May 2, 2006 SUBJECT: Funding Request for Two Rational Nexus Studies I. Introduction At the previous Town Council meeting numerous strategies for mitigating the increasing employee housing need were discussed. Two of the strategies, one currently used by the Town of Vail and one the Town may want to implement, have the specific legal requirement of having current rational nexus studies. These studies validate the Town's .employee generation assumptions. For example, the Town may assess an employee housing requirement on a new government office space of 5 to 8 employees per 1,000 new square feet. The rational nexus studies validate that the 5 to 8 employees per 1,000 square feet is true based on local data. The rational nexus studies will break down employee generation based on commercial uses and residential uses. The rational nexus study that the Town currently utilizes was completed in 1991. II. Current Commercial Linkage Requirements Current Commercial Linkage mitigation requirements are for large commercial projects going through the Special Development District process and the Lionshead Master Plan Area. If a development complies with zoning (Lionshead Master Plan Area) the Town requires the developer to mitigate for 15% of the net new employees. For Vail Resorts, including the "Front Door" and the Lionshead development they are obligated to provide 144 beds of employee housing. For the Vail Plaza Lodge and the Four Seasons Hotel the Town required them to mitigate for 30% of the net new employees. They are obligated to provide a total of 67 new employee housing beds. IV. Request With authorization from Town Council today to reallocate $18,500 from the Buy Down fund to pay for the completion of the two rational nexus studies by RRC and Associates, the Town will have the legal foundation to codify its commercial linkage requirements and potentially add a residential linkage requirement to help mitigate increasing employee housing needs in the Town of Vail. These studies will take up to ten weeks to complete. Completing the rational nexus studies will not create new commercial or residential linkage requirements without further action by the Vail Town Council. MEMORANDUM TO: Town Council FROM: Community Development Department DATE: May 2,.2006 SUBJECT: Second reading of ORDINANCE 9, SERIES OF 2006, AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. On March 27, 2006, the Town of Vail Planning and Environmental Commission voted 6-0-0 (Viele absent) to forward a recommendation of approval for a proposed amendment to SDD No. 34, Flaum -The Valley Phase V, to the Vail Town Council, pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for the increase in the allowable GRFA for EHUs within the District from 500 square feet to 850 square feet and to increase the allowable size of the EHU garage from 300 square feet to 400 square feet, located at at 1521, 1601, and 1631 Buffehr Creek Road/Lots A-C, The Valley Phase V, and setting forth details in.regard thereto. Attached to this memorandum is a copy of Ordinance 9, Series of 2006. Text which is to be added is indicated as bold italics and text which is to be deleted is shown in st~+lc~~. Town Council approved Ordinance 9, Series of 2006, upon first reading on April 18, 2006, by a vote of 6-0-0 (Logan absent). No changes have been made to this ordinance since its approval upon first reading. The Community .Development Department recommends that the Vail Town Council approves Ordinance No. 9, Series of 2006, on second reading. , The Town Council can vote to approve, approve with modifications, or deny Ordinance No. 9, Series of 2006. ORDINANCE NO. 9 Series of 2006 AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 2, SERIES OF 1997, PROVIDING FOR CHANGES TO SPECIAL DEVELOPMENT DISTRICT NO. 34, FLAUM-THE VALLEY PHASE V, THAT CONCERN THE INCREASE IN THE ALLOWABLE GROSS RESIDENTIAL FLOOR AREA (GRFA) FOR EMPLOYEE HOUSING UNITS (EHUS) AND ASSOCIATED GARAGES WITHIN THE DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, Chapter 9 of the Vail Town Code authorizes Special Development Districts within the Town; and WHEREAS, The Town Council approved Ordinance No. 2, Series of 1997 Special Development District No. 34, Flaum-The valley Phase V; and WHEREAS, The owners of the three lots within the SDD have requested to amend the existing Special Development District No. 34; and WHEREAS, Section 12-9A-10 of the Vail Town Code provides procedures for major amendments to existing Special Development Districts; and WHEREAS, The applicant has complied with the requirements outlined in Section 12-9A-10 of the Vail Town Code; and WHEREAS, The Special Development District provides for creativity and flexibility to allow for the development of land within the Town of Vail; and WHEREAS, On March 27, 2006, the Planning and Environmental Commission held a public hearing on the major amendment proposal and has recommended that certain changes be made to Special Development District No. 34, Flaum-The Valley Phase V; and WHEREAS, The Town Council considers that it is reasonable, appropriate, and beneficial to the Town and its citizens, inhabitants, and visitors to repeal and re-enact Ordinance No. 2, Series of 1997 to provide for certain changes in Special Development District No. 34, Flaum-The Valley Phase V. 1 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Ordinance No. 2, Series of 1997 is hereby repealed and re-enacted to read as follows: SECTION 1 The approval procedure prescribed in Title 12, Chapter 9, Section 10(B) of the Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 34. SECTION 2 Special Development District No. 34 is established to ensure comprehensive development and use of an area in a manner that will be harmonious with the general character of the town, provide adequate open space, employee housing, and promote the objectives of the Town's Zoning ordinance. The development is regarded as complementary to the Town by the Town Council and the Planning and Environmental . Commission, and there are significant aspects of the special development which cannot be satisfied through the imposition of standard zoning on the area. SECTION 3 Special Development District No. 34 is established for the- development on a parcel of land comprising 1.81 acres (lots 3 and 4, the Valley Phase V) and shall be referred to as "SDD No. 34". SECTION 4 The Town Council finds that the development plan for SDD No. 34 meets each of the standards set forth in Article 12-9A, Special Development District, Vail Town Code. In 2 4, accordance with Article 12-9A, Special Development Districts, Vail Town Code, the development plan for SDD No. 34 is approved. SECTION 5 The zone district underlying SDD No. 34 is Residential Cluster (RC). The uses allowed in SDD No. 34 shall be limited to those uses indicated on the development plan and those uses allowed by right, and those uses allowed by conditional use, which are set forth in said zone district of the Town of Vail Zoning Code. CCr'TIl1AI ~ In addition to the Approved Development Plan described herein in Section 7, the following development standards have been submitted to the Planning and Environmental Commission for its consideration, and the Planning & Environmental Commission has forwarded its recommendation of conditional approval to the Town Council, and the Development Plan is hereby approved by the Town Council. The development standards for this SDD shall be those prescribed by the Residential Cluster (RC) zone district unless specifically addressed herein.. The following are the specific development standards for SDD specifically addressed herein. The following are the specific development standards for SDD no. 34: Base Information Underlying Zoning: Lot area: Development Standard RC (Residential Cluster) 1.81 acres or 79,002 sq. ft. Maximum Allowance/Limitation Number of Lots: 3 single family lots 3 Dwelling units: 3 dwelling units Density: 1.66 dwelling units/acre Employee Housing Units (EHU) 1 Type II EHU per lot allowed. One Employee Housing Unit is required for the entire development which must be provided prior to, or in conjunction with,. the Building Permit for the third dwelling unit constructed on-site. Buildable Area: Per approved development plan and building envelopes. Site Coverage: 25% of lot area (per lot) GRFA: 2,933 sq. ft./dwelling unit Type II EHU GRFA: X88 850 sq. ft. allowed per lot for development of an EHU, per Type II EHU requirements. Planning and Environmental Commission review is required per conditional use requirements.forTyye II, EHU. Garage Area: 600 sq.ft. allowed per dwelling unit , (exclusive of the EHU) EHU Garage Area: 1 enclosed parking space required per EHU per lot, which must be deed restricted for use by EHU only. Up to X98 400 sq. ft. garage credit allowed per EHU per lot. 4 Setbacks: Per building envelopes delineated on development plan. No GRFA is permitted within 20' of the front property line. Garage area is allowed within 20' from the front property line within the established building envelopes. Parking: Per Chapter 18.52 Off-street Parking and Loading, Zoning Code Exterior Lighting: Per Chapter 18.54 Design Review Guidelines, Zoning Code Building Height: 30' for a flat roof, 33' for a sloping roof SECTION 7 SDD No. 34 is subject to the following additional conditions: 1. The development plan shall be that plan entitled "Flaum Residence," prepared by Pierce, Segerberg, & Associates, Architects, dated 11/11/96, with the latest revision on 1/10/97. 2. Trash collection shall be typical residential curbside collection and dumpsters shall not be permitted on these lots or in the adjacent right-of- way. 3. This site shall be limited to one curbcut for all three lots as depicted on the development plan. The entire curbcut shall be developed upon initial construction on any of these three lots. 4. The applicant shall submit a mitigation plan for the rockfall hazard which shall be reviewed and approved by the applicant's geologist prior to Design Review Board approval for construction of homes on these lots. 5 5. This approval shall become void if the construction of at least one lot is not commenced within three years of the final approval of the SDD. The developer must meet the requirements of Section 18.40.120 of the Municipal Code of the Town of Vail. 6. The recreational amenities tax for this development shall be assessed at the rate required for the Residential Cluster (RC) zone district, as provided for in Chapter 3.36 of the Town of Vail Municipal Code. 7. All retaining walls on-site shall conform to existing code requirements. No retaining wall shall exceed 3' in the first 20' from the front property line on these lots. 8. All development standards contained in this ordinance site shall be noted on the development plan and the final plat for this development. Those notes shall include the following note regarding development within building envelopes: "All future development will be restricted to the area within the platted building envelopes. The only development permitted outside the platted building envelopes shall be landscaping, driveways and retaining walls associated with driveway construction. At-grade patios (those within 5' of existing or finished grade) will be permitted to project beyond the building envelopes not more than ten feet (10') nor more than one-half (1/2) the distance between the.building envelope and the property line, or may project not more than 5 feet (5') nor more than one-fourth (1/4) the minimum required dimension between buildings." 9. One Employee Housing Unit (EHU, Type II) is required for the entire development which must be provided prior to, or in conjunction with, the Building Permit for the third dwelling unit constructed on-site. €+ve #u~ed 6 {~99~ Eight hundred and fifty (850) sq. ft. of additional GRFA shall be allowed for the construction of an EHU on each lot. 10. As mitigation for impacts to large trees on-site, 21 additional trees will be provided on-site (7 additional trees per lot). These trees shall have a minimum caliper of 3" for deciduous trees or a minimum height of 8' for conifers and shall be provided at the time of construction on individual lots. SECTION 8 The owners, jointly and severally, agree with the following requirement, which is a part of the Town's approval of the SDD No. 34: All previous approvals and development plans, including the County Approved PUD for the subject property, are hereby null and void. SECTION 9 Amendments to the approved development plan shall be reviewed pursuant to Section 12-9A-10, Amendment Procedure, Vail Town. Code. SECTION 10 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 11 The Town Council hereby finds, determines and declares that this ordinance is 7 necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants thereof. SECTION 12. The repeal or the repeal and reenactment of any provisions of Vail Municipal Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any.other action or proceeding as commenced under or by virtue of the provision repealed or repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein.. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 18th day of April, 2006 and a public hearing for second reading of this Ordinance set for the 2"d day of May, 2006, at 6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. ATTEST: Lorelei Donaldson, Town Clerk Rodney E. Slifer, Mayor INTRODUCED; READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2"d day of May, 2006. ATTEST: Rodney E. Slifer, Mayor Lorelei Donaldson, Town Clerk 8 ORDINANCE NO. 11 SERIES OF 2006 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL ANNEXING CERTAIN REAL PROPERTY TO THE TOWN OF VAIL WHEREAS, on February 14, 2006, The Vail Corporation, a Colorado corporation, filed with the Town Clerk for the Town of Vail a Petition for Annexation ("Petition for Annexation") requesting that the Town Council of the Town of Vail commence proceedings to annex to the Town of Vail a certain parcel of land located in Section 8, Township 5 South, Range 80 West, of the 6`h Principal Meridian, County of Eagle, State of Colorado, the approved final legal description of which is set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council of the Town of Vail, by Resolution No. 6, Series of 2006, has determined with regard to the Petition for Annexation for the Annexation Property: (i) the applicable requirements of C.R.S. §§ 31-12-104 and 31-12-105 have been met• ii an election is not required under C.R.S. § 31-12-107(2) or 31-12-112; (iii) no additional terms and conditions are to be imposed on the annexation of the Annexation Property; and (iv) the Annexation Property is eligible for annexation to the Town of Vail; and WHEREAS, the Town Council of the Town of Vail held public hearings at which it received evidence and testimony pertaining to the proposed annexation of the Annexation Property to the Town of Vail, at the conclusion of which the Town Council of the Town of Vail considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions; and WHEREAS, the Town gave and published proper and timely notice of the date and time of the public hearing for Town Council's consideration of the adoption of this Ordinance, and Town Council duly held and conducted such hearing in accordance with applicable laws; and WHEREAS, the Town Council of the Town of Vail, Colorado, makes the following findings of facts and conclusions: 1 • The signers of the Petition for Annexation comprise the owners of 100% of the Annexation Property. 2. The approval of the Petition for Annexation and of the annexation of the Annexation Property to the Town of Vail fully meets and complies with all applicable laws and regulations of the State of Colorado and the Town of Vail governing such annexation, including, without limitation, the Municipal Annexation Act of 1965. 3 • All public hearings with respect to the Petition for Annexation and the annexation of the Annexation Property to the Town of Vail have been held and conducted in Ordinance 11, Series of 2006 accordance with all applicable laws and regulations of the State of Colorado and the Town of Vail. 4. All notices required for the public hearings at which the Town Council of the Town of Vail considered the Petition for Annexation and the annexation of the Annexation Property to the Town of Vail were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town of Vail. 5. In order to encourage well-ordered development to the Town of Vail, it is desirable that the Annexation Property be annexed to the Town of Vail. 6. The annexation of the Annexation Property to the Town of Vail is necessary and proper for the health, safety and welfare of the Town of Vail and its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. The annexation of the Annexation Property to the Town of Vail is hereby approved. Section 2. As required by C.R.S. § 31-12-113, the Town of Vail shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town of Vail; and (b) File for recording three certified copies of this Ordinance and map of the area annexed containing a legal description of such area with. the Clerk and Recorder of Eagle County, Colorado. Section 3. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this Ordinance, and each part, section, subsection, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, clauses or phrases be declared invalid. Section 4. The Town Council hereby finds, determines and declares that this Ordinance is necessary and proper'for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Ordinance 11. Series of ?006 Y~ Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such' inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL, this 4`h day of April, 2006. 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 18`'' day of April, 2006, commencing at 6:00 p.m., in the Municipal Building of the Town of Vail, 75 Frontage Road, Vail, Colorado 81657. Rodney E. Slifer Mayor of the Town of Vail, Colorado Attest: Lorelei Donaldson Town Clerk INTRODUCED, READ ON SECOND READING, APPROVED, AND ORDERED PUBLISHED IN FULL, this 2°d day of May, 2006. Rodney E. Slifer Mayor of the Town of Vail, Colorado Attest: Lorelei Donaldson Town Clerk Ordinance 1 I, Series of 2006 ,, ~~~ EXHIBIT A Legal Description of Annexation Property LOTS 1 AND 4, SECTION 8, TOWNSHII' S SOUTH, RANGE 80 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF EAGLE, STATE OF COLORADO, AS ESTABLISHED BY THE DEPENDENT RESURVEYS AND SURVEYS COMPLETED BY THE UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF LAND MANAGEMENT DATED FEBRUARY 3, 2005 (LOT 4), AND DECEMBER 30, 1988 (LOT 1), AND ALSO BEING DESCRIBED ALTERNATIVELY AS FOLLOWS: BEGINNING AT THE NORTHWEST 1/16 CORNER OF SECTION 8, TOWNSHIP 5 SOUTH, RANGE 80 WEST, OF THE .SIXTH PRINCIl'AL MERIDIAN, COUNTY OF EAGLE; STATE OF COLORADO; WHENCE THE NORTH 1/16 CORNER OF SECTION 7 AND SECTION 8 BEARS N89°43'59"W A DISTANCE OF 1323.26 FEET, SAID LINE BEING THE BASIS OF BEARING FOR THIS DESCRIPTION. THENCE ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 8 (ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382). THE FOLLOWING TWO COURSES: 1) S00°21'52"W 165.00 FEET 2) S00°21'52"W 277.76 FEET THENCE ALONG SAID EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8 (ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF PARCEL 1, GOLDEN PEAK SKI BASE AND RECREATION DISTRICT (RECEPTION NUMBER 352168)), S00°21'52"W 57.22 FEET; THENCE N89°45'07"W 248.01 FEET: THENCE N33°20'55"W 282.22 FEET; THENCE N89°45'45"W 488.32 FEET; THENCE N00°14'21"E 265.29 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH SAID BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 6, 1962 AT RECEPTION NUMBER 96382) S89°43'59"E 99.99 FEET TO THE NORTHWEST CORNER OF MILL CREEK SUBDNISION, ACCORDING TO THE PLAT THEREOF RECORDED NOVEMBER 6, 2000 AT RECEPTION NUMBER 743366; THENCE ALONG THE WESTERLY BOUNDARY OF SAID MILL CREEK SUBDNISION -500°15'18"W 165.37 FEET TO THE SOUTHWEST CORNER OF MILL CREEK SUBDNISION; THENCE ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDNISION S89°45'57"E 131.89 FEET; THENCE CONTINUING ALONG THE SOUTHERLY BOUNDARY OF SAID MILL CREEK SUBDNISION S89°46'28"E 413.26 FEET TO THE SOUTHEAST CORNER OF SAID MILL CREEK SUBDNISION; THENCE ALONG THE EASTERLY BOUNDARY OF SAID MILL CREEK SUBDNISION N00°21' 19"E 165.00 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID MILL CREEK SUBDNISION; THENCE ALONG SAID NORTH LINE (AGAIN ALSO BEING CO-EXTENSNE WITH THE BOUNDARY OF THE FORMER VAIL VILLAGE, FIRST FILING, RECEPTION NUMBER 96382) S89°43'59"E 248.12 FEET TO THE TRUE POINT OF BEGINNING. SAID PARCEL CONTAINING 5.13 ACRES MORE OR LESS. RESOLUTION NO. 7 Series of 2006 A RESOLUTION RESCHEDULING THE REGULAR TOWN COUNCIL MEETING OF JULY 4, 2006, TO JULY 11, 2006. 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, Pursuant to Section 1-5-11, Vail Town Code, the Council shall meet regularly at least twice monthly at a day and hour to be fixed by the rules of the council; and WHEREAS, Pursuant to Section 1-5-11, Vail Town Code, in the event a regular meeting would fall on a legal holiday recognized by the Town, the Council may defer the regular meeting to a subsequent date not later than one week after the deferred regular meeting; and WHEREAS, the first regular meeting of the Council in July falls on July 4`h, as currently scheduled, which is a legal holiday recognized by the Town. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Pursuant to Section1-5-11, Vail Town Code, the regular meeting of the Council, currently scheduled for July 4, 2006, is hereby deferred and rescheduled to July 11, 2006. Section 2. The Council hereby finds, determines and declares that this Resolution No. 7 is necessary and proper for the health, safety and welfare of the Town. of Vail and the inhabitants thereof. Section 3. This Resolution shall be effective immediately upon adoption. INTRODUCED, READ, APPROVED AND ADOPTED This 2"d day of May, 2006. Rodney E. Slifer Mayor, Town of Vail ATTEST: Lorelei Donaldson Town Clerk Resolution No. 7, Saiet 2006 RESOLUTION NO. 8 Series of 2006 A RESOLUTION RATIFYING THE PURCHASE OF LAND IN THE TOWN OF VAIL KNOWN AS THE MEADOW CREEK PARCEL AND LEGALLY DESCRIBED AS A PARCEL OF LAND LOCATED IN THE NORTH HALF OF THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 5 SOUTH, RANGE 81 WEST SIXTH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO 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, the Council considers it in the interest of the public health, safety and welfare to purchase the real property known as the Meadow Creek Parcel and legally described as a parcel of land located in the North Half of the Southwest Quarter of Section 14, Township 5 South, Range 81 West Sixth Principal Meridian, Eagle County, Colorado (the "Property"); and WHEREAS, the adjacent homeowners have requested that the Town of Vail purchase the land as open space and committed $65,000 for the purchase of the land; and WHEREAS, the Eagle Valley Land Trust has reviewed the open space value of the land and will hold a conservation easement on the land; and WHEREAS, Eagle County has reviewed the open space value of the land and committed $65,000 for the purchase of the land; and WHEREAS, the protection of the property as open space is consistent with the 1994 Comprehensive Open Lands Plan. WHEREAS, the Council has previously approved the purchase of the Property, and closed on the Property on or about April 28, 2006. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The purchase of the Property is hereby ratified by the Council: 2. This resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 2"d day of May, 2006. Rodney E. Slifer, Mayor of the Town of Vail, Colorado ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 8, Series 2006 Located in N 1/2 of SW 1/4 of Section 14, TWP 5 S, RNG 81 W N Eagle County Parcel # 210314300010 (Account # R039735) W E 100 0 100 Feet Tlb mapwr ~WM Ey tlY Twn1 d VW Gp wMym~p. UM dNb map abstltl M b pxiwtl pvpu® tel. TN Twn dVaY da b.mad tl~a a¢vq dtlr bfrmtlim aoMa6~G Iwah ` (tea alon. Paul Wa w1 b YPm~mtla) MEMORANDUM Apri126, 2006 To: Vail Town Council Stan Zemler Pam Brandmeyer Judy Camp From: Sally Lorton Re: March Sales Tax On the reverse side please find the latest sales tax worksheet. I estimate I'll collect another $21,000.00 in March sales tax to bring March collections to $2,845,726.00. If so, we will be up 20.55% or $485,010.00 from budget and up 2.18% or $60,625.00 from March 2005. Ski season (November -March) would reflect an increase of 7.1 % or $746,054.00. March lift taxis up 5.18% or $37,182.00 and the ski season (November -March) reflects an increase of 10.0% or $245,329.00. onth 995 996 997 998 999 000 Town.of Vail Sales Tax Worksheet 4/25/2006 ` 2001 2002 2003 006 005 udget Change % Change 2006 Budget lrom hom COlIBCt/OnS Vedence 2005 Budget January 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 2,275,967 2,241,544 2,592,643 351,099 13.91% 15.66% February 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 2,429,377 2,379,495 2,521,722 142,227 3.80°k 5.98% March 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 2,785,101 2,360,716 2,824,726 464,010 1.42% 19.66% Total April 791,092 966,993 874,427 1,107,334 952,843 926,771 1,043,431 870,875 871,468 992,157 915,554 999,157 May 324,681 318,920 329,783 382,718 370,864 388,121 448,234 414,248 428,919 411,595 458,770 414,499 June 590,685 594,907 630,366 633,400 692,811 721,774 751,439 657,707 742,755 732,113 834,913 737,278 July 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 1,166,183 1,136,476 August ~ 867,125 990,650 1,073,430 1,183,926 1,050,004 1,038,516 1,124,275 1,084,318 1,029,446 994,445 993,985 1,001,461 September 645,902 630,453 637,831 735,608 806,600 817,313 747,766 713,574 679,208 757,033 795,807 762,374 October 461,791 413,573 472,836 515,531 536,204 547,201 486,570 484,425 508,092 532,537 566,173 536,294 November 611,147 601,208 707,166 656,596 582,260 691,445 571,783 642,293 591,269 623,646 713,117 628,046 December 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 2,549,032 2,378,760 Total 13,030,448 13,719,308 14,747,419 15,030,386 14,509,421 15,232,588 15,411,044 15,106,801 14,578,983 15,466,979 16,483,979 15,576,100 7,939,091 957,336 DRAFT Town of Vail Request for Proposals To redevelop existing parking structure in Vail, Colorado as a mixed use development providing over 1100 public parking spaces May 2, 2006 1. INTRODUCTION The Town of Vail owns and operates an 1100 space parking structure and an unimproved charter bus parking lot located at 395 South Frontage Road in Vail, Colorado (Attachment A). This site is 4.3 acres in size and is located in the Lionshead Master Redevelopment Plan Area which is one of two pedestrian retail areas in Vail. In addition, .this site is included in the Lionshead Urban Renewal Area. Lionshead is currently experiencing a major redevelopment with the new Annabelle mixed use project and redevelopment of several surrounding condominium projects. Lionshead is at the heart of Vail's $1 billion renewal. In November 2003, Vail voters approved of a lodging and sales tax to construct a conference center. This effort was initiated by the Vail lodging community. In 2004, the Town of Vail began working on a conference center to be located on the east side of the existing Lionshead Parking Structure. In 2005, the Vail Town Council concluded that additional funding would be .necessary to both pay for anticipated project operational deficits and construction escalation. This resulted in an additional ballot measure for an increase in lodging tax which failed in November of 2005. A draft master plan for the parking structure was completed during the conference center process and the Town identified at that time, the following needs for the site: • The existing parking structure needs both capital and operational improvements to maintain its effectiveness in the future, • The Town currently needs 400-500 additional public parking spaces to minimize overflow parking on the Frontage Road to 15 days per winter season, • Redevelopment of the parking structure should include retail development on the south side of the parking structure as called for in the Lionshead Master Redevelopment Plan, • Pedestrian access needs to be improved between the parking structure and the Lionshead retail area, and • Improve the Lionshead information center. 1 Since the 2005 ballot measure, private developers have approached the Town of Vail and proposed redevelopment of the site to accommodate both public and private uses. To ensure a fair and equitable process, the Vail Town_Council has directed that a Request For Proposals be issued to solicit development proposals which meet the objectives of the Town for this site. This Request for Proposals seeks qualified developers who can develop the Lionshead Parking Structure consistent with the project goals of this Request for Proposals stated below. 2.. PR0.9ECT GOALS: The following are project goals for any developer considering submitting a proposal: A. Development proposals ,shall comply to the Lionshead Redevelopment Master Plan (See http://www.vailgov.com/docs/dl forms/lionshead master glan.pdf)) and be consistent with Lionshead Mixed Use 1 Zoning (See http://www.sterlingcodifiers com/CONaiI/ for Town Code); B. Development proposals consistent with the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 Zone District shall help pay for the public improvements. A strong preference is given to uses that generate "hot beds" such as accommodation units (hotels) and Employee Housing Units. Parking generated by private development shall be provided and paid for by the developer. C. The Town anticipates extensive improvements to the Lionshead Parking Structure in the near future. Creation of a new public parking structure, paid for through the redevelopment of the site, should include a minimum of 1100. public parking spaces which would improve the operational performance of the structure compared to current operation (See 2005 Walker Parking Study ,, in Attachment B). The Town is assuming that it would continue to operate public parking in Lionshead. D. Creation of new public parking in excess of the 1100 existing spaces on the site based on circulation viability. E. Creation of a new Lionshead Information Center with public restrooms. F. Redevelopment of the Lionshead Annex with consideration given to the relocation of a Youth Recreation Center and the Colorado Mental Health offices. G. Improvement of the pedestrian, transit, and vehicular circulation between the parking structure and the Lionshead retail mall. H. Improve hotel shuttle bus circulation which currently drops guests at the '' southwest corner of the Lionshead parking structure. I. Creation of a retail connection along the south side of the project site that is consistent with the Lionshead Redevelopment Master Plan. J. Frontage Road Improvements consistent with the Lionshead Redevelopment Master Plan and acceptable to the Colorado Department of Transportation. K. Conference/Event Center Facilities which would support the market needs identified in the 2005 HVS study prepared for the Town of Vail,(i.e. a 25,000 sq. foot contiguous flat floor meeting/event space). 2 L. Use of the U.S. Green Building Council's LEED Green Building Rating System, or a comparable alternative, to guide project design. 3. 4. MINIMUM QUALIFICATION TO SUBMIT A PROPOSAL The Town is accepting bids to redevelop the Lionshead Parking Structure from qualified developers. A "Respondent" to this RFP must satisfy the following conditions (the "Qualification Conditions"): • The Respondent (by itself or together with its affiliates) must have first-class experience and expertise in developing and operating premier hotel/lodging accommodations and real estate developments. • The Respondent and/or its affiliates must demonstrate the financial ability to implement the above mentioned goals. • Vail Resorts maintains a deed restriction on the property that limits the use to public parking and accessory uses. They have indicated that they will modify the deed restriction to accommodate private development on that site if the public goals are achieved. Developers should provide with their submittal, a letter that their concept is acceptable to Vail Resorts, as part of their Phase I submittal. Such letter may contain conditions and contingencies which must be satisfactory to Vail Resorts before such deed restriction is removed. SUBMITTAL REQUIREMENTS This RFP involves atwo-phase selection process. The first phase involves providing a statement of qualifications of the respondent's team and a concept overview which describes the initial ideas of the respondent for redeveloping the Lionshead .Parking structure. The second phase includes a more detailed development proposal. Phase 1: Qualifications and Concept Paper A. Statement of Qualification: Provide a statement of qualification that describes the team to be involved in the redevelopment. This statement should include similar projects, references from those same projects, and detailed financial statement(s) that provide a current summary of the financial health of the respondent. Other specific information shall include: 1) Identify the specific individuals that will be involved in this project; 2) State roles of each member and provide organizational chart; 3) Highlight strengths of team; . 4} Describe team's expertise as it pertains to the delivery of mixed use projects; 5) Provide a detailed list of previous development projects and illustrative examples of previous developments with verifiable contact information; 3 6) Provide a detailed current financial statement for the company proposing to redevelop the property. B. Concept Overview The respondent shall prepare a written concept which includes the fallowing at a minimum: • Site plan; • Description of uses; • Acceptance letter from Vail Resorts; • Preliminary pro-forma; and • Any assumptions that may require Town involvement. All respondents shall send written confirmation that they intend to respond to the RFP on May 25, 2006 by 5:00 p.m. to rforrestC~vailgov.com. All respondents shall provide 18 copies of their qualifications and concept overview by 5:00 p.m. on June 8, 2006. Selected development teams will present their qualifications and concept papers to the Review Committee on June 15, 2006. The presentations will be heard by only the Town and its Review Committee. Phase 2: Detailed Proposal The Town will shortlist developers down to approximately two respondents. If invited to submit a proposal, the respondent will provide a detailed narrative description of the proposal to achieve the above mentioned goals. Proposals shall include: • ` All proposed uses, including approximate square footages. • A proposed detailed financial plan for the execution of the plan. This shall include all assumptions for Town involvement. In addition, this shall include a detailed pro-forma of expenses and revenue for building and operating the project. • A proposed schedule for acquisition and/or redevelopment of the property. The schedule should correspond to the cash flow model submitted. • A concept plan that includes a site plan, unit mix and rough floor plans to match the financial plan submitted. • A written summary of any assumptions for receiving entitlements for the proposed redevelopment of the property. The Town zoning code is available at www.vailgov.com (Chapter 12 is the zoning code). The Town reserves the right to refine the request for proposals after meeting with candidates to review qualifications and concepts. The final proposal covering all elements of this RFP shall be received by the Town by 5 p.m. on July 28, 2006. The Town may also request that the finalist present their proposals in a public forum. 4 All correspondence and questions should be directed to: Russell Forrest Director Community Development Department 75 Frontage Rd. Vail, CO 81657 970-479-2146 email: rforrest@vailgov.com 5. SCHEDULE: RFP Issued May 4, 2006 RSVP to rforrest@vailgov.com by May 25, 2006 Statement of Qualifications and Concept due at 5:00 p.m. June 8, 2006 Presentation of Concept June 15, 2006 Notification to Select Teams to Proceed, June 21, 2006 Full Proposal Submittal Due 5 p.m. July 28, 2006 Proposal Presentations August 3, 2006 Proposal Selection Aug. 15, 2006 Dates are subject to change. Active candidates will be notified via email or in writing of any date or time changes. 6. GENERAL CONDITIONS Limitations and Award: This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred in the preparation and submission of qualifications in anticipation of a contract. The Town of Vail reserves the right to accept or reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection: Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview, and to make final consultant selection based upon the qualification statements and cost estimate. Equal Employment Opportunity: The selected consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. F:\cdev\COUNCIL\MEMOS\06\LionsheadParkingstructureRFP.doc 5 DRAT Town of Vail Request for Proposals To redevelop existing parking structure in Vail, Colorado as a mixed use development providing over 1100 public parking spaces May 2, 2006 1. INTRODUCTION The Town of Vail owns and operates an 1100 space parking structure and an unimproved charter bus parking lot located at 395 South Frontage Road in Vail, Colorado (Attachment A). This site is 4.3 acres in size and is located in the Lionshead Master Redevelopment Plan Area which is one of two pedestrian retail areas in Vail. In addition, this site is included in the Lionshead Urban Renewal Area. Lionshead is currently experiencing a major redevelopment with the new Arrabelle mixed use project and redevelopment of several surrounding condominium projects. Lionshead is at the heart of Vail's $1 billion renewal. In November 2003, Vail voters approved of a lodging and sales tax to construct a conference center. This effort was initiated by the Vail lodging community. In 2004, the Town of Vail began working on a conference center to be located on the east side of the existing Lionshead Parking Structure. In 2005, the Vail Town Council concluded that additional funding would be necessary to both pay for anticipated project operational deficits and construction escalation. This resulted in an additional ballot measure for an increase in lodging tax .which failed in November of 2005. A draft master plan for the parking structure was completed during the conference center process and the Town identified at that time, the following needs for the site: • The existing parking structure needs both capital and operational improvements to maintain its effectiveness in the future, • The Town currently needs 400-500 additional public parking spaces to minimize overflow parking on the Frontage Road to 15 days per winter season, • Redevelopment of the parking structure should include retail development on the south side of the parking structure as called for in the Lionshead Master Redevelopment Plan, • Pedestrian access needs to be improved between the parking structure and the Lionshead retail area, and • Improve the Lionshead information center. 1 Since the 2005 ballot measure, private developers have approached the Town of Vail and proposed redevelopment of the site to accommodate both public and private uses. To ensure a fair and equitable process, the Vail Town Council has directed that a Request For Proposals be issued to solicit development proposals which meet the objectives of the Town for this. site. This Request for Proposals seeks qualified developers who can develop the Lionshead Parking Structure consistent with the project goals of this Request for Proposals stated below. 2. PROJECT GOALS: The, following are project goals for any developer considering submitting a proposal: A. Development proposals shall comply to the Lionshead Redevelopment Master Plan ~ (See http://www.vailgov.com/docs/dl forms/lionshead master glan.pdf)) and be consistent with Lionshead Mixed Use 1 Zoning (See httg://www.sterlinpcodifiers.com/CONaiI/ for Town Code), B. Development proposals consistent with the Lionshead Redevelopment Master Plan and the Lionshead Mixed Use 1 Zone District shall help pay for the public improvements. A strong preference is given to uses that generate "hot beds" such as accommodation units (hotels) and Employee Housing Units. Parking generated by private development shall be provided and paid for by the developer. C, The Town anticipates extensive improvements to the Lionshead Parking Structure in the near future. Creation of a new public parking structure, paid for through the redevelopment of the site, should include a minimum of 1100 public parking spaces which would improve the operational performance of the structure compared to current operation (See 2005 Walker Parking Study in Attachment B). The Town is assuming that it would continue to operate public parking in Lionshead. D. Creation of new public parking in excess of the 1100 existing spaces on the site based on circulation viability. E. Creation of a new Lionshead Information Center with public restrooms. F. Redevelopment of the Lionshead Annex with consideration given to the relocation of a Youth Recreation Center and the Colorado Mental Health offices. G.. Improvement of the pedestrian, transit, and vehicular circulation between the parking structure and the Lionshead retail mall. , H. Improve hotel shuttle bus circulation which currently .drops guests at the southwest corner of the Lionshead parking structure. I. Creation of a retail connection along the south side of the project site that is consistent with the Lionshead Redevelopment Master Plan. J. Frontage Road Improvements consistent with the Lionshead Redevelopment Master Plan and acceptable to the Colorado Department of Transportation. K. Conference/Event Center Facilities which would support the market needs identified in the 2005 HVS study prepared for the Town of Vail (i.e. a 25,000 sq. foot contiguous flat floor meeting/event space). 2 L. Use of the U.S. Green Building Council's LEED Green Building Rating System, or a comparable alternative, to guide project design. 3. MINIMUM QUALIFICATION TO SUBMIT A PROPOSAL The Town is accepting bids to redevelop the Lionshead Parking Structure from qualified developers. A "Respondent" to this RFP must satisfy the following conditions (the "Qualification Conditions"): • The Respondent (by itself or together with its affiliates) must have first-class experience and expertise in developing and operating premier hotel/lodging accommodations and real estate developments. • The Respondent and/or its affiliates must demonstrate the financial ability to implement the above mentioned goals. Vail Resorts maintains a deed restriction on the property that limits the use to public parking and accessory uses. They have indicated that they will modify the deed restriction to accommodate private development on that site if the public goals are achieved. Developers should provide with their submittal, a letter that their concept is acceptable to Vail Resorts, as part of their Phase I submittal. Such letter may contain conditions and contingencies which must be satisfactory to Vail Resorts before such deed restriction is removed. 4. SUBMITTAL REQUIREMENTS. This RFP involves atwo-phase selection process. The first phase involves providing a statement of qualifications of the respondent's team and a concept overview which describes the initial ideas of the respondent for redeveloping the Lionshead Parking structure. The second phase includes a more detailed development proposal. Phase 1: Qualifications and Concept Paper A. Statement of Qualification: Provide a statement of qualification that describes the team to be involved in the redevelopment: This statement should include similar projects, references from those same projects, and detailed financial statement(s) that provide a current summary of the financial health of the respondent. Other specific information shall include: 1) Identify the-specific individuals that will be involved in this project; 2) State roles of each member and provide organizational chart; 3) Highlight strengths of team; 4) Describe team's expertise as it pertains to the delivery of mixed use projects; 5) Provide a detailed list of previous development projects and illustrative examples of previous developments with verifiable contact information; 3 6) Provide a detailed current financial statement for the company proposing to redevelop the property. B. Concept Overview The respondent shall prepare a written concept which includes the following at a minimum: • Site plan; • Description of uses; • Acceptance letter from Vail Resorts; • Preliminary pro-forma; and • Any assumptions that may require Town involvement. All respondents shall send written confirmation that they intend to respond to the RFP on May 25, 2006 by 5:00 p.m. to rforrest(a~vailgov.com. Alt respondents shall provide 18 copies of their qualifications and concept overview by 5:00 p.m. on June 8, 2006. Selected development teams will present their qualifications and concept papers to the. Review Committee on June 15, 2006. The presentations will be heard by only the Town and its Review Committee. Phase 2: Detailed Proposal The Town will shortlist developers down to approximately two respondents. If invited to submit a proposal, the respondent will provide a detailed narrative description of the proposal to achieve the above mentioned goals. Proposals shall include: • All proposed uses, including approximate square footages. • ~ A proposed detailed financial plan for the execution of the plan. This shall include all assumptions for Town involvement. In addition, this shall include a detailed pro-forma of expenses and revenue for building and operating the project. • A proposed schedule for acquisition and/or redevelopment of the property. The schedule should correspond to the cash flow model submitted. • A concept plan that includes a site plan, unit mix and rough floor plans to match the financial plan submitted. • A written summary of any assumptions for receiving entitlements for the proposed redevelopment of the property. The Town zoning code is available at www.vailgov.com (Chapter 12 is the zoning code). The Town reserves the right to refine the request for proposals after meeting with candidates to review qualifications and concepts. The final proposal covering all elements of this RFP shall be received by the Town by 5 p.m. on July 28, 2006. The Town may also request that the finalist present their proposals in a public forum. 4 All correspondence and questions should be directed to: Russell Forrest Director Community Development Department 75 Frontage Rd Vail, CO 81657 970-479-2146 email: rforrest@vailgov.com 5. 6. SCHEDULE: F RFP Issued May 4, 2006 RSVP to rforrest@vailgov.com by May 25, 2006 Statement of Qualifications and Concept due at 5:00 p.m. June 8, 2006 Presentation of Concept June 15, 2006 Notification to Select Teams to Proceed, June 21, 2006 Full Proposal Submittal Due 5 p.m. July 28, 2006 Proposal Presentations August 3, 2006 Proposal Selection Aug. 15, 2006 Dates are subject to change. Active candidates will be notified via email or in writing of any date or time changes. GENERAL CONDITIONS Limitations and Award: This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred in the preparation and submission of qualifications in anticipation of a contract. The Town of Vail reserves the right to accept or reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully camp{eted with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection: Initial evaluation will be based upon the qualifications of the applicant. The Town of Vail reserves the right to not interview,, and to make final consultant selection based upon the qualification statements and cost estimate. Equal Employment Opportunity: The selected consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. F:\cdev\COU NCI L.\MEMOS\061LionsheadParkingstructureRFP.doc 5