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