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HomeMy WebLinkAbout2010-04-06 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA +` TM W Via' VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., APRIL 6, 2010 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM /TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM /TOPIC: Proclamation Honoring Mery Lapin's Support of Vail Junior Hockey. (5 min.) PRESENTER(S): Dick Cleveland 3. ITEM /TOPIC: Doris Kirchner, President and CEO of Vail Valley Medical Center will give a state of the hospital report to Council and the community and answer questions. (30 min.) PRESENTER(S): Doris Kirchner, President and CEO, Vail Valley Medical Center 4. ITEM /TOPIC: Consent Agenda. a. Approval of 03.02.10 & 03.16.10 Town Council Minutes. (5 min.) 5. ITEM /TOPIC: Town Manager's Report. a. Revenue Update. (15 min.) PRESENTER(S): Stan Zemler 6. ITEM /TOPIC: West Vail Fire Station General Contractor selection process (20 min.) PRESENTER(S): Mark Miller, Fire Chief ACTION REQUESTED OF COUNCIL: Staff and the TOV Consultant (ARC Integrated Program Management) have prepared a summary of the General Contractor (GC) selection process to procure a GC for the construction of the new West Vail Fire Station No. 3. The attached memo from ARC will provide an overview of the process and recommendation of a GC for the project. BACKGROUND: In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee \n 4/6/2010 \n (Committee) publicly procure a General Contractor (Contractor) to build the new West Vail Fire Station No. 3 Project (Project). The selection process consisted of multiple phases, starting with soliciting qualifications from interested firms. Seventeen candidates submitted qualifications in early January 2010 from which the Committee chose ten to invite to the Request for Proposal (RFP) stage. Fee and General Conditions proposals were solicited from the ten very qualified firms, nine of which chose to respond. Based on the fee and general conditions proposals in conjunction with the qualifications received, five firms were invited to prepare Preliminary Guaranteed Maximum Price (GMP) proposals and attend oral interviews to introduce the proposed team members to the Committee and present their GMP proposals in detail. Based on the GMP proposals and interviews, three final candidates were invited to review and provide comments on a proposed agreement form prior to a recommendation being made. STAFF RECOMMENDATION: Based on the selection process /criteria the Design Committee and Consultant recommend the Town of Vail Council approve the recommendation to hire Drahota Commercial, LLC to provide preconstruction services with the option and intention of later adding construction of the project to their agreement. The Committee's recommendation to hire Drahota is based on criteria outlined in the attached memo. The project was approved unanimously by PEC and will proceed to final DRB on April 7th. Recommendations from Council at the March 16th meeting relative to landscaping reduction and snow melt recommendations have been incorporated into the project and will continue to be further evaluated and value engineered. 7. ITEM /TOPIC: Update on Conference Center Funds Reallocation. (30 min.) PRESENTER(S): Stan Zemler ACTION REQUESTED OF COUNCIL: Staff has prepared a memorandum outlining background, recommended goal, key assumption, considerations, a recommended process and information on election scheduling in preparation for a renewed ballot effort for reallocation of the Conference Center funds collected and is requesting direction from Council on next steps. BACKGROUND: In 2006, Council made a decision that a future ballot issue for reallocation of the Conference Center funds should be used to "increase occupancy and increase overall economic activity." Since that time, several circumstances have occurred which may impact how a ballot question is formulated. -The town's five -year and fifteen -year capital planning documents continue to show a lack of funds for maintaining existing facilities or adding new projects at a level commensurate with our vision to be a premier resort community -The parks and recreation master plan has been completed, with a significant need identified for facilities improvements including the Vail Golf Course clubhouse -The current Council has identified five top priorities for the town - budget and capital management, parking and transportation, economic development and vitality, affordable housing and environmental stewardship - Vail has experienced an econommic downturn which, although not as severe as in some areas, has had a negative effect on funding available for capital projects - Construction costs have fallen as a result of lack of construction activity and falling materials prices - Previous Councils have identified the need to build community consensus and to complete the LionsHead parking \n 4/6/2010 \n structure redevelopment process before presenting a ballot issue to the voters for potential utilization of the conference center funds. There is no longer a proposal on the table for the LionsHead parking structure redevelopment - During a Council retreat on December 8, 2009, interest was expressed by the Council to renew the process to identify an appropriate use (s) for the funds - Community momentum has begun recently to bring forth ideas to Council for potential reallocation uses The balance available for reallocation was $9.3 million at the end of 2009. STAFF RECOMMENDATION: Staff is seeking direction from Council on goal, key assumption, considerations, process and next steps in preparation for a renewed ballot effort for reallocation of the Conference Center funds collected. 8. ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking, and setting forth details in regard thereto. (5 min.) PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: A request for the Town Council to grant a continuance of this item to its April 20, 2010 public hearing. BACKGROUND: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council may grant a continuance of an appeal of a Planning and Environmental Commission decision to allow the parties additional time to obtain information for a period not to exceed 30 calendar days. STAFF RECOMMENDATION: Staff recommends the Town Council grant a continuance of this item to its April 20, 2010 public hearing. 9. ITEM /TOPIC: Town of Vail Work Plan Approval & Public Comment. (15 min.) PRESENTER(S): Stan Zemler 10. ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) (5 min.) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council table this item to the May 4, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. \n 4/6/2010 \n On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). The Vail Town Council requested that Staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff is requesting a tabling of this item in order to provide additional information. 11. ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) (5 min. ) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council table this item until the May 4, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council discussed Resolution No. 5, Series of 2010, but no action was taken. 12. ITEM /TOPIC: Resolution No. 9, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water & Sanitation District; and Setting Forth Details in Regard Thereto. (10 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. BACKGROUND: The Eagle River Water & Sanitation District (the "ERWSD ") is required to come into compliance with new USEPA drinking water regulations for groundwater. In order to come into compliance, the ERWSD needs to make upgrades at their existing R4 house well along Vail Valley Drive near the Pulis Bridge. The improvements will require tapping into the Town's existing sanitary sewer lift station. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. 13. ITEM /TOPIC: ERWSD easement agreements for waterline. (10 min.) PRESENTER(S): Tom Kassmel \n 4/6/2010 \n ACTION REQUESTED OF COUNCIL: Direct Town Manager to enter into an easement agreement with the ERWSD for water and sewer infrastructure. BACKGROUND: Easements at Donovan Park and along Vail Valley Drive. STAFF RECOMMENDATION: Direct Town Manager to enter into an easement agreement with the ERWSD for water and sewer infrastructure. 14. ITEM /TOPIC: Adjournment. (8:30 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL EVENING SESSION WILL BEGIN AT 6:00 P.M., TUESDAY, APRIL 20, IN THE VAIL TOWN COUNCIL CHAMBERS. \n 4/6/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Proclamation Honoring Mery Lapin's Support of Vail Junior Hockey. PRESENTER(S): Dick Cleveland ATTACHMENTS: Mery Lapin Proclamation \n 4/6/2010 \n PROCLAMATION # 2, SERIES OF 2010 RECOGNITION OF MERV LAPIN This council honors Mery Lapin for over 25 years of commitment affecting the lives of Vail area youth. In part, as founder of the Vail International Hockey program, Mery has broadened the horizons of countless young people. His contributions are numerous and clearly inspired a community of parents, children and supporters to join a cause that kept youth active and committed in our valley. And whereas, Vail International Hockey, founded out of a combination of Mery Lapin's love for the sport, his love for kids and for international travel has lead over 600 participants on a total of 10 trips since 1985 through Norway, Finland, Russia, Ukraine, Czech Republic, Slovakia, Sweden, Hungary and Poland. The first trip to China in 1987, was in fact the first time a youth hockey team had ever been invited to compete in China from anywhere in the world! And whereas, Merv's intention was that these trips reach beyond their itinerary. The format required players to raise their own funds over a period of three years. Annual volunteerism at the Vail Valley Community Fund, another entity where Mery has devoted 4 decades of his time, introduced Vail youth to the importance of team work as they contributed to the greater community project. The funds raised from supporting the Community Fund were applied not to each player's account, but to the larger General Fund to pay for ice time, foreign referees, guides, museum access and cultural activities. Supporting the belief that no hockey player with desire would be left behind, Mery addressed any eligible player's need for scholarship and made sure he or she received support. And whereas, the Vail International Hockey tournament, hosted in Vail for three years, invited teams from Colorado to compete against players from China, Russia and Canada and brought cultural diversity to the community of Vail. This council thanks Mery Lapin for his insight in establishing this legacy and for leading local youth to interact with other cultures through a common passion. And whereas, the outreach of Merv's youth programs needed a home base, now known as the Dobson Ice Arena. In cooperation with the Vail Skating Club, Mery lobbied for the current in -town site for Dobson Ice Arena allowing that this site was on the town bus route and would benefit tourism along with youth activities. Mery spent 15 years coaching the Vail Junior Hockey Association players and still maintains relationships with many of these young adults as a career and life mentor. \n 4/6/2010 \n 2 -1 -1 \n And whereas, Mery also collaborated on the Vail Valley Exchange Program with the sister city of Mansfield, Australia and the Mount Buller Ski Area. Once established, Mery served on its board to award scholarships and also volunteer for the scholarship selection committee of the annual Rotary Exchange Student Program. Therefore Be It Resolved, that the Vail Town Council proclaims and records Mery Lapin's contribution to the Town of Vail for creating a positive impact. The opportunity for youth in Vail is made greater by his impact and will manifest in possibilities yet to come. Signed this 6 th day of April, 2010. Dick Cleveland, Mayor Stan Zemler, Town Manager \n 4/6/2010 \n 2 -1 -2 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Doris Kirchner, President and CEO of Vail Valley Medical Center will give a state of the hospital report to Council and the community and answer questions. PRESENTER(S): Doris Kirchner, President and CEO, Vail Valley Medical Center ATTACHMENTS: Memo for VVMC Report VVMC CEO Report \n 4/6/2010 \n A 4 TOWN OF VAS ` EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 April 6, 2010 ITEM /TOPIC: Vail Valley Medical Center update (30 minutes) PRESENTER: Doris Kirchner, President and CEO, Vail Valley Medical Center ITEM /TOPIC: Doris Kirchner, President and CEO of Vail Valley Medical Center will give a state of the hospital report to Council and the community and answer questions. 75 S. Frontage Road, Vail, CO 81657 p. (866) 650 -9020 (970) 479 -2100 \n www.vailgov.com 4/6/2010 \n 3 -1 -1 \n Vail Valle y Medical Center President's Report April 6, 2010 a-, C.- = Extraordinary peopie. Extraordinoryeare. 4i6i201 o\n Va il V a 11evMedical Center - s " IN 3 -2 -1 \n �, •; 4 _'. _ = www.vvInc.com Governin g Board Ron Davis, Chairman Art Kelton Dr. Wayne Wenzel, Vice - Chairman Charlie L'Lsperance Andy Daly, Treasurer Don Mengedoth Dr. Reg Franciose R.A. I elson r .a _ u � r Extraordinarypeople. Extraordinary care. \n 4/6/2010 \n ' a il ValleyMedical Center "� " 3 2 2 \n Vail Valley Medical Center Vision Vail Valley Medical Center will continue its development as an independent, not for profit medical center, providing superior health services aligned to the needs of Eagle County residents and visitors, world renowned orthopedic services, regional cancer services and emergency services. Vail Valley Medical Center will integrate and align service offerings with our physician partners to maximize: • Flexibility and responsiveness to patient needs including preventive health services; and • Continuous quality improvement through investment in technology, facilities and staff development. Vail Valley Medical Center will provide these services in an environment that enables and supports trust and respect. Mission Vail Valley Medical Center will provide superior health services with compassion and exceptional outcomes. Values As a team member of the Vail Valley Medical Center family, I am dedicated to enriching lives and providing a safe healing environment. 1 embrace these values: ■ Compassion ■ Respect ■ Integrity .., ■ Accountability` ■ Open and Honest Communication ' ■ Personal and Professional Growth ■ Happiness Extraxdinarypeopk Extraordinary care.. i \n 4/6/2010 \n LLl� Valley Medical Center 3 -2 -3 \n www.VVMC. tam Executive Team • Chief Financial Officer — Charlie Crevling • Chief Operations Officer — Currently Recruiting • Senior VP Human Resources — Denise Triba • President VVIVIC Foundation — Dr. Jack Eck XQ a. C • ,. ExtraardinarypeTk Extraordinary care.. 4i6i201 o\n 1 Valley Medical Center r 3 2 4 \n www.►+vnlc. tam Medical Staff Chief of Staff — Dr. Barry Hammaker Vice Chief of Staff — Dr. Larry Gaul .� ExtraordinarypeopLe. Extraordinorycare. \n 4/6/2010 \n Fail Va11ev Medical Center 3 2 5 \n • 106 Active Staff Physicians • Board Certified: — Trauma Surgeons — Emergency Physicians — Anesthesiologists — Obstetricians — Cardiologists — Plastic Surgeons — Urologists — Family Practitioners • Radiation and Medical Oncology • Pediatric and Adult Hospitalist Services • Sports Medicine and Orthopedics txtraordinarypeopie. Extraardinoryeare, _ n 4/6/201 o \n Vail Valley Medical Center 3 2 - 6 \n www.vvInc.com Service Area • 850 Employees and 240 Volunteers in 7 Locations — Vail Valley Medical Center — Avon Urgent Care — Beaver Creek Medical Center — Eagle Care — Shaw Regional Cancer Center — Eagle Healthcare Center — Gypsum Urgent /Emergent Care OIL Extroordinary people. Extraordinary tote. 4i6i201 o\n Vail Valley Medical Center r 3 -2 -7 \n www.vvmc.com s Service Updates • Private Rooms — 4 - Fall 2009 • Parking — added 27 Spaces — Fall 2009 • Gypsum Urgent /Emergent Care — Open 2010 • Emergency Department Remodel — Plan and Design 2010 • Ambulatory Surgery Edwards — Plan and Design 2010 • Helicopter Medical Transport — February 2010 Extraordinarypeopie. Extraardinoryeare. 4/6/201o\n 'gall Vallev Medical Center 3 2 - 8 \n r. .. -. www.vvInc.com Financial Update 2010 2009 2 months Budget Actual Budget Actual Total Operating Revenue 29.6 27.1 168.2 161.4 Salaries and Benefits 10.5 11.2 60.8 63.5 Non Labor Expenses 16.8 16.3 96.1 98.5 Total Operating Expenses 27.3 27.5 156.9 162.0 Hospital Operating Margin 2.3 -0.4 11.3 -0.6 Operating Margin Percent 7.8% -1.5% 6.7% -0.4% *In Millions of Dollars ' _�• ,.. fxtraordinarypeople. Extraordinary care. _ 4i6i201 o\n alI Valley Medical Center r 3 2 9 \n — wWw.►+vMc. tam s s = Vail Valley Medical Center will provide superior health services with compassion and exceptional outcomes. • ,.. fxtraordinarypeople. Extraordinary care. 4i6i201 o\n alI Valley Medical Center rte 3 - 2 - 10 \n www.VVMC. tam lik 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Consent Agenda. a. Approval of 03.02.10 & 03.16.10 Town Council Minutes. ATTACHMENTS: 03.02. 10 Minutes 03.16. 10 Minutes \n 4/6/2010 \n MEDIA ADVISORY Vail Town Council Meeting Minutes Tuesday, March 2, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Vail Chamber & Business Association representative Richard tenBraak thanked Council for their support of the Premier Impressions (customer service) program. Local gallery manager Rayla Kundolf thanked town staff for their support after the recent death of a locally featured artist. She then asked Council to consider repurposing the empty Colorado Mountain College space at the Vail Cascade into a performing art center. "We have this missing chip for the in- between things (i.e., performances that cannot take place outside) that could take place in this community." Cleveland said the topic was a great segue for the Council to begin the conversation about what to do with the conference center funds. Rogers said she supported the idea. "There are opportunities that are being missed that are similar to what you are describing." The second item on the agenda was the Town Manager's Report. a. Revenue Update Finance Director Judy Camp announced that when all sales tax returns are received for the month of January, collections for the month are expected to be $2,553,520 down 2.5% from January, 2009 and down 1% from budget. Inflation as measured by the consumer price index was up 2.6% for the month of January compared to 2009. Use tax collections as of February 24, 2010, total $45,167compared with just $9,899 at this time last year. Included in 2010 \n 4/6/2010 \n 1 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit. No comparable activity occurred in the first two months last year. The budget for 2010 is $500,000. Lift tax collections total $704,561, on pace with budget and last year. The annual budget totals $3,115,000. Construction permit revenue through February 24, 2010, totaled $45,935 including $21,457 from major redevelopment projects compared with $107,407 from major projects last year. Revenue from non -major projects is up 6% from 2009. The 2010 budget for construction permit fees is $425,000. RETT collections through February 24, 2010, total $547,630. This amount is a 61% increase from this time last year. Approximately half of the 2010 sales are from major redevelopment projects. Collections not related to major redevelopment projects are up 8% from 2009. Pass sales through February 25 total $90,214, up significantly from the first two months of 2009 ($35,343) due to an increase in value pass sales. Year -to -date daily sales (from the parking structures) total $1.6 million, up 2% from 2009. Please note this report for February sales did not include the last weekend of the month. b. Council Vision Town Manager Stan Zemler said he wanted to establish areas of focus and be very specific about some of the things Council wished to accomplish. c. Community Survey Update Zemler told Council to provide any comments they have about the survey to Community Information Officer Suzanne Silverthorne as soon as possible. d. Collection of Sales Tax on Short Term Rentals Finance Director Judy Camp reported that all short -term property rentals are subject to sales tax regardless of ownership, type of unit, or frequency of the rental. "The owner of the property is responsible for collecting and remitting taxes to the Town of Vail and the State of Colorado. The Town of Vail has had a program in place to monitor this activity for over ten years. We make efforts to contact the owners of the properties that are being rented and make it easy for them to pay what is due the town." Council thanked Camp for her efforts. The third item on the agenda was the Consent Agenda. a. Approval of 02.02.10 & 02.16.10 Town Council Minutes Foley moved to approve the minutes with minor amendments with Rogers seconding. The motion passed unanimously, 7 -0. The fourth item on the agenda was a request to proceed with the procurement of (6) 40' low -floor traditional buses. \n 4/6/2010 \n In January 2010, the Town of Vail entered into an intergovernmental agreement with RFTA (Roaring Fork Transit Authority) to "piggy- back" on their contract with Gillig Buses. Fleet Manager Todd Scholl requested Council approval to proceed with the purchase of (6) 40' low -floor buses per this agreement at a cost of $369,185 per bus. Cleveland clarified there was a third party resident inspector who followed the buses through the manufacturing process. Daly clarified the buses were diesel- hybrids. Scholl said incorporating natural gas buses into the town's fleet would be cost prohibitive. "The fueling system alone would be very expensive." During a pause for public comment, Rich tenBraak asked why the town would "piggy- back" their procurement. Scholl said the town had traditionally used "piggy- back" contracts due to comparatively small orders. Daly moved to approve the request with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was the First reading of Ordinance No. 4, Series of 2010, an Ordinance making supplemental appropriations to the Town of Vail General Fund, Capital Projects Fund, and Real Estate Transfer Tax Fund of the 2010 Budget for the Town of Vail, Colorado. Finance Director Judy Camp reported on preliminary 2009 year -end results. Revenue will be essentially flat with budget, while expenditures are favorable to budget in all funds. Council agreed to a staff recommendation to reduce the amount of sales tax revenue directed to the General Fund by $1 million and re- direct that amount to the Capital Projects Fund. In considering Ordinance No. 4, Daly encouraged not including any new capital projects in the supplemental. Zemler said a capital discussion would take place prior to a second reading of the ordinance. Public Works Director Greg Hall explained money was budgeted to increase the safety of the Covered Bridge and improvements to the Creekside Apartments had been scheduled for quite some time although additional remediation requirements had been found. He then said newspaper boxes were considered street furniture in the budget. Rogers moved to approve the ordinance with Newbury seconding. The motion passed unanimously, 7 -0. The sixth item on the agenda was the Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations. Staff requested that Council table this item to the April 6, 2010 meeting. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). Council requested staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Newbury moved to \n 4/6/2010 \n 3 table the ordinance until April 6, with Tjossem seconding. The motion passed unanimously, 7 -0. The seventh item on the agenda was Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, LionsHead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, LionsHead Redevelopment Master Plan, in order to amend the guidelines on solar panels in LionsHead. Staff requested Council table this item until the April 6, 2010 meeting. On January 25, 2010, the PEC forwarded a recommendation of approval, with modifications, for changes to both the LionsHead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, Council discussed Resolution No. 5, Series of 2010, but no action was taken. Daly moved to table the resolution until April 6, with Rogers seconding. The motion passed unanimously, 7 -0. The eighth item on the agenda was Adjournment. Newbury moved to adjourn at 7:00 p.m. with Foley seconding. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 4/6/2010 \n 4 Vail Town Council Meeting Minutes Tuesday, March 16, 2010 6:00 P.M. Vail Town Council Chambers Members present: Dick Cleveland, Mayor Susie Tjossem Kevin Foley Margaret Rogers Andy Daly Kerry Donovan Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Michael Cacioppo thanked Council for making the decision to broadcast Work Session meetings on Channel 5. Rob Levine expressed concern over the cumbersome development review process in regard to a lodging property remodel. He then asked Council to allow the Mountain Haus permission to proceed through the development review process (to allow a ventilation pipe in the public right -of -way). Rick Sackbauer announced there were two upcoming special district elections (Eagle River Water & Sanitation District, Vail Recreation District). The second item was a discussion about the importance of the upcoming 2010 CENSUS. Geographic Information Systems specialist Sean Koenig asked Council to declare April 1, 2010, Census Day, and April, 2010, to be known as Census Month. Koenig explained the U.S. Constitution requires a national census once every ten years to count everyone residing in the United States. Census data is used to determine the proper number of congressional seats each state will have in the U.S. House of Representatives, as well as how to allocate more than $400 billion in federal and state funds to states and communities every year for neighborhood improvements, emergency preparedness and disaster recovery, public health, education, transportation, senior services, and much more. Census data is also used to help guide local decision makers analyzing growth and forecasting demands and planning for improvements in health care, education \n 4/6/2010 \n 1 and community — based and social service programs and /or infrastructure. A Census questionnaire form will be delivered to each residence in the country in March 2010, and households are expected to complete the questionnaire in the safety of their own home and mail back their questionnaire upon completion. The Census questionnaire responses should represent the household as it exists on April 1, 2010. Meanwhile, Census takers will visit households that do not return questionnaires in April in order to take a count in person, at a significant additional federal cost. Daly asked what second homeowners were to do with their census materials. Koenig said Census materials left at unoccupied residences would be removed at the beginning of April. Michael Cacioppo urged caution answering questions that are not constitutionally mandated. Rogers move to approve the proclamation with Foley seconding. The motion passed unanimously, 7 -0. The third item on the agenda was the Town Manager's Report. There was none. The fourth item on the agenda was a Design Review Board (DRB), Planning and Environmental Commission (PEC) and Art in Public Places (AIPP) Board Appointments. 1) Appoint three applicants to the DRB for a term of two years each (through March 31, 2012). 2) Appoint four applicants to the PEC for a term of two years each (through March 31, 2012). 3) Appoint two applicants to the AIPP for a term of three years each (through March 31, 2013) and one appointment to complete the vacancy left by Brittany Kennedy, whose term ends March 31, 2012. Note: Pam Hopkins was term limited and could only serve two more years (until March 31, 2012) on the AIPP, if reappointed. There were four vacancies for PEC, three vacancies for DRB and three vacancies for AIPP. The town received six,(6) applications for the DRB; six (6) applications for the PEC; and four (4) applications for the AIPP. Incumbent members of the DRB, PEC, and AIPP are noted by asterisks below. It was requested that Council interview each applicant at the work session and then appoint four applicants to the PEC; three applicants to the DRB and three applicants to the AIPP at the evening meeting. The applicants were as follows: DRB: Brian Dalrymple; Mike Dantas; Peter Dunning; Roland Kjesbo; Diana Mathias; and Ellizabeth Plante. PEC: Brian Dalrymple; Mark Gordon; William Pierce; Henry Pratt: Sarah Robinson- Paladino; and Tyler Schneidman. AIPP: Sally Connelly; Pamela Hopkins; Jennifer Mason; and Bill Rey. \n 4/6/2010 \n Newbury moved to appoint Mason, Rey and Hopkins to the AIPP with Foley seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Dunning, Kjesbo and Plante to the DRB with Foley seconding. The motion passed unanimously, 7 -0. Newbury moved to appoint Pierce, Pratt, Paladino and Schneidman to the PEC with Foley seconding. The motion passed unanimously, 7 -0. The fifth item on the agenda was Vail 360: Designing the Next Chapter of the Vail Economy. Beth Slifer, Chair, Vail Local Marketing District Advisory Council provided an update on market conditions in the mountain resort industry coupled with the research conducted by Reach Advisors (RA) to identify a long -term strategy for a third economy for Vail. In addition, gaps in existing facilities were identified that may be keeping Vail from achieving a world -class guest experience. RA recommended: • Develop larger meeting /conference space that could be used for multiple purposes. • Enhance parking. • Increase number of athletic fields. • Redevelop /repurpose Vail Golf Course clubhouse. Donovan clarified health and wellness has gone beyond the stereotype of spas and pampering. Slifer responded, "We are talking about activities that are athletic although not necessarily competitive Engaging in recreation yourself It is fitness oriented We are seeing indications of major shifts in fitness /wellness accelerating in 2009 It is the fitness /wellness category where we see increased discretionary spending... Fitness /wellness is replacing luxury as the new marker of wealth." Daly said the group's recommendations were very politically correct. Slifer said the Conference Center funds should be used as seed money to begin to fulfill all of the recommendations. "We have a fantastic natural environment We just need the facilities... There is no facility (in the Town of Vail) that has 1200 seats❑ The key is that it (proposed facility) needs to be multi -use and not static." Tjossem encouraged using the VEAC to prioritize projects and begin work immediately. "This has given us a clear vision of where we can be soon." Cleveland said he was afraid of trying to perform all the improvements simultaneously. Slifer commented, "The failed projects of the past have been to singular If we do it piecemeal we will not be fulfilling the goal of the third leg of the economy." Zemler said, "Let's try and bundle a couple of these projects." Slifer encouraged setting criteria to eliminate "hanging to many ornaments on the Christmas tree." During a pause for public comment Gwen Scalpello said through private /public partnerships many of the goals could be met today and that current facilities are not being completely exploited. Local hotelier Rob \n 4/6/2010 \n 3 Levine said he thought the ideas were something the lodging community could support. The sixth item on the agenda was the 2009 Year -end Investment Report. Finance Director Judy Camp reported that Section 2 -2 -8 of the Town Code requires an annual presentation of the town's investment report, which is also provided as a written report for each quarter. This agenda item was a presentation of the town's investment report as of December 31, 2009. Camp said the town's financial advisor, Piper Jaffray, continually searches for the best investments. "Everything we invest in meets the goals and regulation of our investment policy." Cleveland noted, "In this economy cash in the bank is a good thing." The seventh item on the agenda was a West Vail Fire Station update, including site plan, floor plans, elevations, 3 -D model, and budget. Fire Chief Mark Miller and Don Watkins, Belford- Watkins Architect reported the Town Council (as owners) need to approve the project for final application to the PEC and DRB. In late October 2009, Council approved moving forward with the design and budget proposal for the West Vail Fire station. At the October meeting, staff and the design architects provided Council with an estimated budget of $5,439,318, which incorporated many of the recommendations from Council, PEC, DRB and the design committee relative to cost saving measures. The design committee made several revisions to further value engineer the project. The project has been through three conceptual PEC and DRB meetings, and has received preliminary approval to move forward incorporating recommended changes. In addition, Miller asked Council to provide input regarding the General Contractor selection process. Miller said staff hoped to bring a recommendation to Council on April 6th for approval of a general contractor and final budget. Newbury expressed concern about the amount of proposed landscaping. Donovan asked if the site could be used as a hazardous materials drop -off point. Cleveland said he was disappointed the elevations (images) were received on letter size paper as they were difficult to assess. Tjossem asked if the operations of the station could be phased in. Miller responded, "Moving everyone into at once is the ideal situation." Watkins commented, "We are going for a Leadership in Energy and Environmental Design (LEED), silver certification at this time." Rogers clarified the committee and Miller were negotiating the construction costs with general contractors. Miller commented, "It has been a very arduous process Right now we are working on a guaranteed maximum pricer We are considering local (workers) being Summit County to Glenwood Springs." The eighth item on the agenda was the Second reading of Ordinance No. 4, Series of 2010, and ordinance making supplemental appropriations to the Town \n 4/6/2010 \n 4 of Vail General Fund, Capital Projects Fund, dispatch Services Fund, and Heavy Equipment Fund of the 2010 budget for the Town of Vail, Colorado. Daly asked for a break out of new projects and old projects. Public Works Director Greg Hall clarified the 1 -70 noise line item does not have project (funds are annually rolled over as a saving mechanism for a larger project). "Previous Council's used roll forwards as a savings methodology." Council directed staff to fund the waterline relocation for the Bald Mountain berm from the 1 -70 Noise project in the Capital Projects Fund instead of from the Real Estate Transfer Tax (RETT) Fund as proposed. Daly asked for a site visit to proposed capital improvement sites. Newbury moved to approve the ordinance as amended to appropriate $101,500 from the Capital Projects Fund instead of the RETT Fund as discussed above, with Foley seconding. The motion passed unanimously, 7- 0. Foley congratulated town employees, Wendy Kaemmerlen and Kathleen Halloran, on the recent birth of their baby girls. The ninth item on the agenda was Adjournment. Foley moved to adjourn with Rogers seconding at approximately 9:37 p.m. The motion passed unanimously, 7 -0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk \n 4/6/2010 \n $ 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Town Manager's Report. a. Revenue Update. PRESENTER(S): Stan Zemler ATTACHMENTS: March 31, 2010 Revenue Highlights \n 4/6/2010 \n TOWN OF VAIL REVENUE HIGHLIGHTS March 31, 2010 Sales Tax When all sales tax returns are received for the month of February, collections for the month are expected to be $2,564,368, essentially on budget for the month. Inflation as measured by the consumer price index was up 2.1 % for the month of February compared to 2009. Use Tax Use tax collections as of March 31, 2010 total $76,902 compared with just $22,889 at this time last year and $30,000 budgeted. Included in 2010 collections are the Ramshorn and several remodel projects including an addition to a Vail Village Inn unit and a remodel at Millrace Condos. No comparable activity occurred in the first three months last year. The full -year budget for 2010 is $500,000. Lift Tax Lift tax collections total $1,437,621, on pace with budget and slightly ahead of last year. The annual budget totals $3,115,000. Construction Permit Fee Revenue Construction permit revenue through the first quarter totals $64,737 including $19,623 from major redevelopment projects compared with $131,080 from major projects at this time last year. Revenue from non -major projects is up 9% from 2009. The 2010 budget for construction permit fees is $425,000 with year -to- date revenue tracking on budget. Real Estate Transfer Tax (RETT) RETT collections through March 30, 2010 total $1,064,828. This is a 62% increase from this time last year. Approximately $409,522 of the 2010 sales are from major redevelopment projects including Arrabelle, Lions Square North, Manor Vail, Mountain View, Forest Place and the Vail Plaza Hotel. Collections not related to major redevelopment projects total $655,306 and are more than double the amount collected in the first quarter of 2009. \n - 1 - 4/6/2010 \n 5 -1 -1 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: West Vail Fire Station General Contractor selection process PRESENTER(S): Mark Miller, Fire Chief ACTION REQUESTED OF COUNCIL: Staff and the TOV Consultant (ARC Integrated Program Management) have prepared a summary of the General Contractor (GC) selection process to procure a GC for the construction of the new West Vail Fire Station No. 3. The attached memo from ARC will provide an overview of the process and recommendation of a GC for the project. BACKGROUND: In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (Committee) publicly procure a General Contractor (Contractor) to build the new West Vail Fire Station No. 3 Project (Project). The selection process consisted of multiple phases, starting with soliciting qualifications from interested firms. Seventeen candidates submitted qualifications in early January 2010 from which the Committee chose ten to invite to the Request for Proposal (RFP) stage. Fee and General Conditions proposals were solicited from the ten very qualified firms, nine of which chose to respond. Based on the fee and general conditions proposals in conjunction with the qualifications received, five firms were invited to prepare Preliminary Guaranteed Maximum Price (GMP) proposals and attend oral interviews to introduce the proposed team members to the Committee and present their GMP proposals in detail. Based on the GMP proposals and interviews, three final candidates were invited to review and provide comments on a proposed agreement form prior to a recommendation being made. STAFF RECOMMENDATION: Based on the selection process /criteria the Design Committee and Consultant recommend the Town of Vail Council approve the recommendation to hire Drahota Commercial, LLC to provide preconstruction services with the option and intention of later adding construction of the project to their agreement. The Committee's recommendation to hire Drahota is based on criteria outlined in the attached memo. The project was approved unanimously by PEC and will proceed to final DRB on April 7th. Recommendations from Council at the March 16th meeting relative to landscaping reduction and snow melt recommendations have been incorporated into the project and will continue to be further evaluated and value engineered. ATTACHMENTS: West Vail Fire station GC selection \n 4/6/2010 \n e ARC Integrated Program Management, Inc. 1790 38th Street • Suite 105 • Boulder, C0 80301 • (303) 443.0330 • Fax(303)443-1508 MEMORANDUM TO: Vail Town Council FROM: Adam Williams, ARC Integrated Program Management, Inc. SUBJECT: West Vail Fire Station No. 3 General Contractor DATE: March 31, 2010 I. BACKGROUND In December of 2009, ARC Integrated Program Management, Inc. was hired to help the Town of Vail Fire Station Committee (Committee) publicly procure a General Contractor (Contractor) to build the new West Vail Fire Station No. 3 Project (Project). The selection process consisted of multiple phases, starting with soliciting qualifications from interested firms. Seventeen candidates submitted qualifications in early January 2010 from which the Committee chose ten to invite to the Request for Proposal (RFP) stage. Fee and General Conditions proposals were solicited from the ten very qualified firms, nine of which chose to respond. Based on the fee and general conditions proposals in conjunction with the qualifications received, five firms were invited to prepare Preliminary Guaranteed Maximum Price (GMP) proposals and attend oral interviews to introduce the proposed team members to the Committee and present their GMP proposals in detail. Based on the GMP proposals and interviews, three final candidates were invited to review and provide comments on a proposed agreement form prior to a recommendation being made. II. RECOMMENDATIONS, ACTIONS & NEXT STEPS The final three candidates being considered were Drahota, Evans Chaffee Construction Group and PCL. At the conclusion of selection process, the Committee recommends the Town of Vail hire Drahota Commercial, LLC ( Drahota) to provide preconstruction services with the option and intention of later adding construction of the Project to their agreement. The Committee's recommendation to hire Drahota is based on the following criteria and associated detail: • Proposed personnel, experience and level of commitment from proposed team members o Drahota's proposed preconstruction and construction teams provided a substantial amount of man -hours from very qualified individuals through both preconstruction and construction and maintained continuity of team members through both phases of the project TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES T� E EFFECT... Page 1 of 3 4/6/2010 \n © 2010 All Rights Reserved By ARC IPM, Inc. 6 -1 -1 \n • While PCL had a longer resume of Fire Station projects, Drahota's specific proposed team members had the most fire station specific experience, including a LEED gold fire station as well as experience with Belford Watkins Architects. • Experience, price and other factors aside, the Committee also felt the most comfortable with Drahota's proposed personnel becoming part of team after the oral interviews than any of the other five candidates they met with. • Specific fire station experience, recommendations and references from past and current Owners • Evans Chaffee had significantly less similar experience than both Drahota and PCL • Drahota had fantastic recommendations from people such as: the Fire Chief in Steamboat, the Fire Chief in Loveland, the Fire Chief in Ft. Collins, Belford Watkins Architects and more. • Other firms had some good recommendations but not as specific to the team members proposed, nor the same type of building • Proposed Fee and General Conditions o Drahota's fee and general conditions were about $6,000 lower than PCL's and about $32,000 lower than Evans Chaffee's • Ability to meet the proposed schedule o All finalists could meet the proposed schedule however Drahota appeared to have analyzed things more carefully than requested and had exceptional detail and carefully thought through early - release subcontractors and packages • Preconstruction service qualifications including estimating abilities, scheduling abilities, and subcontractor base • Drahota's estimate including pricing, level of detail included and assumptions and clarifications gave the Committee the most confidence and appeared to best limit the potential for cost risk going forward. • Drahota provided an unsolicited proposal to go to 100% local subcontractors (approximately 200K add to their price) but opted to include mostly local subs in their base pricing except where it didn't seem financially prudent • Preliminary Guaranteed Maximum Price (based off of 100% Design Development Drawings) • Drahota's preliminary GMP of 4.OMM was approximately 370K less than Evans Chaffee's GMP • While Drahota's GMP was approximately 160K more than PCL's, the Committee felt much more comfortable with Drahota's quantities, unit costs and scope assumptions that built their GMP than PCL's. In addition, PCL indicated their fees would increase substantially to comply with the TOV contract /agreement, which closes the gap in the proposed difference in the GMP. • However, the main difference in the GMP pricing comes from assumptions each GC included. With the exception of Fee and General Conditions, the remaining construction costs will be competitively bid when the documents TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 2 of 3 © 2010 All Rights Reserved By ARC IPM, Inc. \n 4/6/2010 \n 6 -1 -2 \n are completed and the same (or extremely similar) proposals would be received, regardless of the General Contractor selected. o All candidates provided good value- engineering and other proposed cost - reducing ideas. • Proposed points of negotiation with the form of Agreement o Drahota's points of negotiation with the contract form were very reasonable and very limited. PCL had a significant number of concerns, some of which were more substantial than any of Drahota's. Evans Chaffee had significantly more concerns with the agreement than PCL, many of which were more substantial than all of Drahota's and many of PCL's comments. Though many of the firms involved in the process were qualified and able to complete the Project, the combination of the above factors set Drahota apart from the other candidates as the best firm to join the Project Team. The Committee feels Drahota will provide as high of quality of product at as low of a price, if not lower, than any of the other candidates and that the proposed staff will fit seamlessly with the existing team and provide the expertise necessary to complete the Project as smoothly and easily as possible. III. ACTION REQUESTED OF COUNCIL Authorize the Committee to enter into contract negotiations and finalize an agreement with Drahota for preconstruction services with the option of incorporating all or a portion of the Guaranteed Maximum Price for construction. TEAMWORK DIVIDES THE EFFORT AND MULTIPLIES THE EFFECT... Page 3 of 3 © 2010 All Rights Reserved By ARC IPM, Inc. \n 4/6/2010 \n 6 -1 -3 \n s E v a n 77 Box alf R 77Metcalf Road CONSTRUCTION GRO P Avon, CO 81620 (970) 845 -0466 Phone haffee (970) 845 -0465 Fax www.evanschaffee.com April 6, 2010 Mr. Mayor, Members of the Town Council: My name is Chris Evans and I am one of the Owners of Evans Chaffee Construction Group. I understand that you have received a letter recommending a certain action with respect to the West Vail Fire Station. You have a tough decision in front of you and I do not believe that letter fairly represents the facts regarding the General Contractor selection process. I do not stand here before you attempting to bad mouth or put down our competition. They are all good companies fully capable of building this project. I also am not standing here to complain or ask you to do anything different than what you feel is truly in the best interest of this project, the Town of Vail, and its residents. I simply want to make sure that all of the facts are laid out in front of you in a fair and unbiased manner so that you may make the best decision for the Town of Vail. x As ARC'S letter recaps, the process started in December and has gone from 17 to ten to five, and then to three General Contractors. Frankly, I was very surprised when ECCG was the only local contractor in the top five selected. RA Nelson and Viele are both good contractors and deserved a shot at this project. ARC's own letter states that the top three firms are all qualified to build this project and given the competition (RA Nelson, Viele, Adolpson & Peterson, GE Johnson), it is hard to argue that of these three finalists any one is more or less capable of doing the project. Emphasis is made of the personnel proposed for the project. The letter states that the preferred contractor maintained continuity of the team from pre- construction through construction, but does not mention that ECCG also has proposed this same continuity of personal. ECCG's team is comprised of two long time Vail Valley residents, John Fitzgerald and myself, a team that has worked together for the s' past 10 years. I completed the preliminary estimate and schedule and would be the Project Manager through the completion of the job. That was not mentioned in the recommendation and I don't know how you get better personnel than the Owner of the General Contractor, especially in an economic climate whereby no employee is guaranteed continued employment and those proposed, if not an owner of the firm, could be let go at any time. NONE of the personnel proposed by the preferred contractor lives in the Vail Valley, which could put the potential continuity of their team in doubt. ARC'S letter emphasizes the letters of recommendation that the recommended contractor submitted, but they fail to mention the letters of recommendations received by all contractors. What they do not mention is that ECCG submitted a letter of recommendation from our very own local Eagle River Fire x Protection District, as well as over 10 other outstanding LOCAL references. With respect to pricing, the letter before you is even more misleading. It attempts to make it look like ECCG is $370,000 higher than the recommended contractor. However, carefully reading the remainder of the letter, it goes on to state that "...the same (or extremely similar) proposals would be received, regardless of the General Contractor selected." It is all based on the assumptions that were made based on an incomplete set of drawings put out for what now appears to be a competitive bid rather \ than the requested "opinion of budget." ECCG took the approach of trying to protect the Town of Vail i I F by not submitting an 'opinion' that was too low, but covered them based on the proposed assumptions. Given that ECCG is local and as such has the best relationships with the local subcontractor market, it is very likely that ECCG will be able to get better subcontractor pricing from the local market, while still attracting competitive bids through our large base of subcontractors throughout the rest of Colorado as a well as other states. From a schedule standpoint, the recommended contractor is praised for their schedule recommendations. However, the letter leaves out that ECCG made the same recommendations. We recommended a combination of competitive bids and early - release packages. ARC states "...with the exception of fee and general conditions, the remaining construction costs will be competitively bid when the documents are completed..." How does one do early release of certain scopes of work AND t competitively bid all remaining construction costs. This cannot happen. The letter continues that the recommended contractor proposes to use 100% local subcontractors for an extra $200,000. While this sounds good, it simply is not possible and as such, cannot be promised at ANY price. There are many scopes of work and material supply that simply are not available locally in the Valley, such as shoring, fire lockers, structural steel, metal frames and doors, and so on. Of the trades that are available in the local community, we had over 70% local sub participation without any increase in our costs and we strongly disagree that the local subs, when competitively bid, will come in $200K higher than out of town subcontractors. It is our opinion that a strong local General Contractor such as ECCG, which has an outstanding reputation with the local sub market, is going to be able to generate better sub bids than a company that has NEVER worked in this Valley. I a One of the addenda's issued during the RFP 'process stated that there was no local contractor preference being given as a selection criterion. However, the RFP also stated that preference would be given to firms with prior experience in the Town of Vail. Evans Chaffee has 15 years of experience in Vail and the surrounding Valley. The recommended firm has never built in the Vail Valley yet this was one of the criteria that were never mentioned in the letter for a recommended contractor. It is extremely frustrating to note that many other jurisdictions do not share the same thought process when it comes to awarding projects locally. In fact, just yesterday we, along with other local contractors, were informed we were no longer eligible to bid the Valley Brook Affordable Housing Project in Breckenridge, despite just having finished a very successful $25,000,000 condominium project in Breckenridge and having provided preliminary budgets for the Valley Brook Project. The reason we were given: The Breckenridge Town Council stipulated that the General Contractor must be based in Summit County to even bid the project. We as well as other reputable Vail Valley Contractors have been told that other government -based projects in Summit County, Frisco, Rifle, and others are giving preference to their locals. I The only real difference between the three final General Contractors, despite the fact that we are the 3 only local one with local people proposed for the project, is the difference in the fees and general F conditions which ARC's letter claims ECCG to be $32,000 higher. That is less than 0.75% difference over the cost of the project, which we could easily make up in better local bids and the Vail Valley would more than benefit from in sales tax revenues by keeping the money local. Additionally, ECCG has a proven record of accomplishment over the past 15 years of making significant contributions to the Valley's non - profits. Keeping the money for this project local, by far benefits the local community more than the negligible cost differences proposed to date. Therefore, what your decision comes down to tonight is this: 1. All of the firms are qualified. 2. Everyone has great letters of recommendation and references. 2 { 3. Everyone can meet the requested schedule. 4. It is stated that the final cost of the project will not vary based on the chosen contractor because all scopes of work will be competitively bid out. 5. There is less than a 0.75% difference separating the top three contractors. However, only ONE contractor has 15 years of experience working in the Vail Valley and is in fact truly a local company. One real impact of your decision tonight is this: John Fitzgerald, our proposed superintendent, is a 35 -year Valley resident. He will be unemployed this summer if this project is awarded outside the x Valley. I assume many more locals will be out of work if you do not strive to keep as much of this project local as possible. I understand the position the Vail Town Council is in and I agree you need to do what is best for the Town of Vail, which includes the local businesses and residents. However, the Town of Vail has a great opportunity presented to it. You have the opportunity to re- emphasize to the local community how much you care about it by supporting local businesses without asking the Town to sacrifice quality, schedule, or cost. Looking at all of the facts, all three of the final contractors are qualified to build the project and the difference in cost is negligible. Why not choose a strong local General Contractor? It is great marketing for you and it is the right thing to do for our community and our residents. This is not simply a selection of a General Contractor for the West Vail Fire Station. It is a statement by the Town on whether it is important to keep tax - payer's dollars local in a tough economy whereby the trickledown effect helps numerous subcontractors, suppliers, families, and individuals, or, whether those tax - payer's dollars should leave the Valley. I hope this is the time we start to see our local governments support our local businesses and residents. We need your support considering the preference given to locals in other communities that inhibits our ' local businesses from working in those areas. Thank you for your time and consideration tonight and I sincerely wish your project the best of luck and success. Respectfully Submitted, Evans Chaffee Construction Group, Inc. Chris Evans Vice President t 3 T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Update on Conference Center Funds Reallocation. PRESENTER(S): Stan Zemler ACTION REQUESTED OF COUNCIL: Staff has prepared a memorandum outlining background, recommended goal, key assumption, considerations, a recommended process and information on election scheduling in preparation for a renewed ballot effort for reallocation of the Conference Center funds collected and is requesting direction from Council on next steps. BACKGROUND: In 2006, Council made a decision that a future ballot issue for reallocation of the Conference Center funds should be used to "increase occupancy and increase overall economic activity." Since that time, several circumstances have occurred which may impact how a ballot question is formulated. -The town's five -year and fifteen -year capital planning documents continue to show a lack of funds for maintaining existing facilities or adding new projects at a level commensurate with our vision to be a premier resort community -The parks and recreation master plan has been completed, with a significant need identified for facilities improvements including the Vail Golf Course clubhouse -The current Council has identified five top priorities for the town - budget and capital management, parking and transportation, economic development and vitality, affordable housing and environmental stewardship -Vail has experienced an econommic downturn which, although not as severe as in some areas, has had a negative effect on funding available for capital projects - Construction costs have fallen as a result of lack of construction activity and falling materials prices - Previous Councils have identified the need to build community consensus and to complete the LionsHead parking structure redevelopment process before presenting a ballot issue to the voters for potential utilization of the conference center funds. There is no longer a proposal on the table for the LionsHead parking structure redevelopment - During a Council retreat on December 8, 2009, interest was expressed by the Council to renew the process to identify an appropriate use(s) for the funds - Community momentum has begun recently to bring forth ideas to Council for potential reallocation uses The balance available for reallocation was $9.3 million at the end of 2009. STAFF RECOMMENDATION: Staff is seeking direction from Council on goal, key assumption, considerations, process and next steps in preparation for a renewed ballot effort for reallocation of the Conference Center funds collected. ATTACHMENTS: Conference Center Funds Memo \n 4/6/2010 \n MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Judy Camp, Finance Director Kelli McDonald, Economic Development Manager DATE: April 6, 2010 SUBJECT: Update on Conference Center Funds Reallocation BACKGROUND In 2006, Council made a decision that a future ballot issue for reallocation of the Conference Center Funds should be used to "increase occupancy and increase overall economic activity." Since that time, several circumstances have occurred which may impact how a ballot question is formulated. • The town's five -year and fifteen -year capital planning documents continue to show a lack of funds for maintaining existing facilities or adding new projects at a level commensurate with our vision to be a premier resort community. • The parks and recreation master plan has been completed, with a significant need identified for facilities improvements including the clubhouse. • The current Town Council has identified five top priorities for the town — 1) budget and capital management; 2) parking and transportation; 3) economic development and vitality; 4) affordable housing; and 5) environmental stewardship. • Vail has experienced an economic downturn which, although not as severe as in some areas, has had a negative effect on funding available for capital projects. • Construction costs are much more competitive as a result of lack of construction activity and falling materials prices. • Previous Town Councils have identified the need to build community consensus and to complete the Lionshead parking structure redevelopment process before presenting a ballot issue to the voters for potential utilization of the conference center funds. There is no longer a proposal on the table for the Lionshead parking structure redevelopment. • During a Council retreat on December 8, 2009, interest was expressed by the Council to renew the process to identify an appropriate use(s) for the funds. • Community momentum has begun recently to bring forth ideas to Town Council for potential reallocation uses. The balance available for reallocation is $9.3 million at the end of 2009. \n 4/6/2010 \n 1 7 -1 -1 \n Council is being requested to review and affirm the following goal, key assumption, considerations and process proposed below: GOAL • The original intent of Council in 2006 was to develop a ballot issue that would utilize the funds to "increase occupancy and overall economic activity." In preparation for a renewed ballot effort, staff is recommending an overarching goal of utilizing the funds to "increase overall economic vitality." KEY ASSUMPTION • The $9.3 million conference center funds should be used for a capital asset, either a new or enhanced existing facility, providing a long -term benefit to the Town of Vail. CONSIDERATIONS • Staff is recommending the following considerations be used for evaluation of concepts brought forward as potential uses for the conference center funds: • Potential to increase occupancy. • Potential for sales tax growth as a result of the investment. • Ability to enhance the experience for those who live, work and play in Vail. • There could be future opportunities to expand and /or enhance the amenity. • The project can be realistically accomplished, including financial feasibility and can meet such requirements as zoning and parking etc. • Ability to leverage other funding sources available, e.g. private investment, Tax Increment Financing (TIF). • Measurable return on investment. • Plan for ongoing operational costs to be funded. PROCESS Staff is recommending the following process to move forward with the conference center fund allocation ballot proposal: • Staff to summarize 2006 results and previous public input — 4/06/10 • Staff to present recommended goal, key assumption, considerations and process to Council — 4/06/10 • Staff to present options for election timing — 4/06/10 • Town Manager to form a working group not to exceed nine members, consisting of two Council members, two Vail Economic Advisory Council members and 5 at -large members. The group would meet over the next several months for the purpose of soliciting ideas and input from the \n 4/6/2010 \n 2 7 -1 -2 \n public, then developing and evaluating concepts for utilization of the conference center funds — 4/13/10 • Community survey results will be reviewed — May 2010 • Concepts to be brought before Council for consideration — 06/15/10 • Staff and Council to convene meeting(s) with stakeholders — to include lodging community, VRD, VLMDAC, VEAC, CSE, VLHA, neighborhood groups, merchants, business organizations, community at large. o Content of the meetings would include ■ 2006 summary results ■ Council goal, key assumptions and considerations ■ Solicitation of ideas • Presentation of working group concepts ■ Timing — June and July 2010 No funding has been provided for this project in the 2010 budget. Therefore, staff requests your approval to add $50,000 to the 2010 General Fund budget for consulting fees and other costs. If you agree, this amendment will be included in the next supplemental appropriation, planned for this summer. ELECTION SCHEDULING A ballot question for reallocation of the conference center funds can be conducted either as a special election or as part of the regular municipal election as established by the Vail Town Council. The two options have been reviewed and verified by the town attorney. Since a November TABOR election is not required, a special election in early 2011 could be considered to allow sufficient time to develop the best project and ballot question. Special Election • A special election is permissible because the election would not be governed by Article X, Section 20 of the Colorado Constitution, otherwise known as the Taxpayer's Bill of Rights (TABOR). C. R. S. 31 -10 -108: Special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body. No special election shall be held within the ninety days preceding a regular election. No special election shall be called within thirty days before the date thereof, nor shall any special election be held within the thirty -two days before or after the date of a primary, general, or congressional vacancy election. A special election may be held at the same time and place as a primary, congressional vacancy, or general election as a coordinated election pursuant to section 1 -7 -116 C. R. S., or may be conducted at the same time as a mail ballot election pursuant to article 7_5 of title 1, C. R. S. Special elections shall be conducted as nearly as practicable in the same manner as regular elections Under this scenario, the town clerk's office would request a three -month timetable to prepare for a special election (required notices, ballot \n 4/6/2010 \n 3 7 -1 -3 \n preparations, etc.). Given the information - gathering process outlined above, a special election scenario for 2010 would be difficult to achieve. • The last special election conducted by the town was in July 2006 regarding the Crossroads /Solaris redevelopment. The election cost was $10,254. (Note: funding for the election and any information - gathering costs need to come from the General Fund operating budget; Conference Center Fund money may not be used for this or any purpose without an election.) • In 2011, a special election could be scheduled on any Tuesday meeting the criteria listed above. November 2010 coordinated election with Eagle County: • Tuesday, November 2 is election day • Tuesday, July 20 is the date Vail Town Council would have to take formal action stating participation in the November 2, 2010 coordinated election with Eagle. County. • Friday, July 23 is the last day to notify Eagle County of Vail's participation in a coordinated election in November. • Tuesday, August 24 is the date the IGA with Eagle County must be signed and returned. • Friday, September 3 is the deadline for the DEO (designated election official) to certify the ballot order and content to Eagle County. • Tuesday, November 2 is election day. ACTION REQUESTED OF COUNCIL Staff is seeking direction from Council on next steps. Those steps include: • Direction on goal, key assumption and considerations • Direction on recommended process • Appointment of two Council members to serve on the working group • Authorization to include $50,000 in the next supplemental appropriation for this project ATTACHMENTS • April 18, 2006 memorandum on update on process to gather community concepts for disbursement of conference center tax collections. \n 4/6/2010 \n 7 -1 -4 \n MEMORANDUM TO: Town Council FROM: Stan Zemler, Town Manager Pam Brandmeyer, Assistant Town Manager Judy Camp, Finance Director DATE: April 18, 2006 SUBJECT: Update on Process to Gather Community Concepts for Disbursement of Conference Center Tax Collections BACKGROUND In November 2005, Vail's electorate defeated an increase in the lodging tax to supplement taxes approved in 2002 to build and operate a conference center. The ballot question also contained a provision to rescind the 2002 taxes if the issue failed, which it did. As a result, on December 20, 2005, the Vail Town Council approved second reading of Ordinance No. 27, Series of 2005, which rescinded the 2002 taxes, a half - cent sales tax and 1.5 percent lodging tax, effective January 1, 2006. To bring closure to the matter, the Council was presented with the option to either determine a refund methodology for disbursement of the remaining conference center funds or prepare a ballot question to determine how such revenues shall be used. On February 7, 2006, after reviewing Conference Center Fund disbursement options, Council provided staff with the following direction: • Refund mechanism will not be pursued as a viable option due to the complications involved and loss of an overall community benefit. • Reallocation must be used to reflect the original intent of the conference center taxes to "increase occupancy and increase overall economic activity." • A community outreach process is required to build community consensus regarding a preferred reallocation concept to be considered by Vail's electorate in November 2006; ballot language must be finalized by mid - August. CONFERENCE CENTER FUND As of December 31, 2005, the Conference Center Fund had an estimated balance of $8.2 million available for disbursement. During the three years the conference center taxes were in effect, an estimated $5.5 million was generated by the sales tax and $5.1 million collected from the lodging tax. Approximately $2.2 million was spent on research, planning, design, engineering and financing of the proposed conference center and $239,000 on management fees net of earnings on investments. Overall, the lodging tax represented 48% of the total conference center taxes collected. Another 16% of the total was generated from the half -cent sales tax levied on overnight accommodations and approximately 3% from restaurants in the town's four largest hotels. Thus, approximately 67% of the total tax was generated from guests at hotels and lodges. \n 4/6/2010 \n 5 7 -1 -5 \n COMMUNITY IDEA - GATHERING PHASE Using Council's direction as a framework, a series of community meetings took place during March and April to solicit ideas from the community to identify a new use for the revenue that would increase occupancy and increase overall economic activity. The meetings involved representatives from community sectors facilitated by town staff and attended by several Council members: Lodging Group March 8 16 participants Community Partners March 14 15 participants General Public Workshop March 15 6 participants Neighborhood Group March 22 7 participants Retail /Restaurant Group April 4 6 participants In addition, town staff solicited ideas from the Vail Local Marketing District, Vail Chamber & Business Association, Vail Valley Chamber & Tourism Bureau, Commission on Special Events, Planning and Environmental Commission, Design Review Board, Construction Mitigation Group and the Vail Recreation District Board. Lastly, the town solicited ideas and concepts from individuals who were unable to attend the community sector meetings. The town's web site collected 22 responses while feedback from a half dozen others were forwarded via email or telephone. Summary of Ideas & Themes Attachment A is a summary documenting all concepts submitted during the idea - gathering phase. The ideas have been divided into two overall groupings. Section 1 outlines ideas generated during the community sector meetings in which facilitators sought consensus from the participants, while Section 2 documents ideas generated by individuals who offered their ideas independently without the benefit of a group discussion. In each section, the concepts have been sorted to reflect "capital" ideas, or those requiring construction, as well as "non- capital" ideas. Additionally, staff has provided a preliminary ranking of high, medium and low for concepts generated by the consensus - driven community sector groups. A high ranking, for example, means the idea would bring destination visitors for multiple -day stays with spending across all economic sectors while having the potential for a favorable cost - benefit ratio. Please see Attachment A for description of the remaining rankings. While this prioritization is cursory, at best, the exercise was used to identify the following themes, all of which have been identified in the "high" category: • A year -round indoor event venue was named by four of the five community sector groups as a top priority. • Specifically, re- purposing Dobson Arena to house a year -round indoor event venue was mentioned by four of the five community sector groups. • Building upon the theme to use or renovate resources already in place, two of the five sector groups identified the Golf Course Clubhouse as a facility that should be re- purposed to meet additional community needs. \n 4/6/2010 \n 6 7 -1 -6 \n Four of the five community sector groups expressed support for additional emphasis on group sales and marketing and/or special events funding as a top priority, with the remaining sector identifying the activity as an important consideration. RECOMMENDED NEXT STEPS As a next step, staff recommends further analysis of one or more of the themes identified from the community meetings. Some of the analysis could be performed by staff; however, outside resources will be necessary depending upon which options are of interest. Staff could return to Council on May 2 with a recommended process, timeline and estimated cost for the analysis of options chosen by Council. Possible research scenarios include: • Re- purposing Dobson Arena to house a year -round indoor event venue. Research would include potential programming and spatial requirements, estimated cost of building modification, parking requirements, operational impacts, private partnership opportunities, etc. • Construction of a stand -alone year -round indoor event venue. Two possible locations were mentioned during discussions: charter bus lot and Vail Golf Course Clubhouse area. Research would include potential programming and spatial requirements, estimated cost to build, parking requirements, operational impacts, private partnership opportunities and other sources of funding, etc. • Increase the amount of funding available for group marketing. Research would draw on analyses already done by VLMDAC, VVCTB, HVS International and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. • Increase the amount of funding available for special events. Research would draw on analyses already done by CSE, event producers and others to develop a spending proposal and estimate the potential impact on occupancy and spending in town. It should be possible to pursue both group marketing and special events with the funds available. The analysis would be done separately to provide the option to do one or both. A second possible option is as follows: • Do nothing for now and allow time for the Vail Community Plan and the Vail Recreation Master Plan to take shape. Then use the plans to identify the community need and take to voters at that time, even if it means a one -or two - year delay. While not a theme voiced consistently during the meetings, staff is intrigued by this approach which surfaced during the Neighborhood Group meeting. ACTION REQUESTED OF COUNCIL Staff is seeking direction from Council on next steps. Those options include: • Identify concepts that are likely to meet the criteria of increased occupancy and increased overall economic activity for additional analysis. To be considered by Vail's electorate in November 2006, ballot must be finalized by mid - August. -- and /or -- • Adjust timetable for election; November 2007 at earliest. Renew the process \n 4/6/2010 \n 7 7 -1 -7 \n upon the conclusion of the Vail Community Plan and the Vail Recreation Master Plan for integrated community consensus building. ATTACHMENTS Summary Document of Reallocation Ideas Notes from Community Sector Discussions \n 4/6/2010 \n 8 7 -1 -8 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: An appeal, pursuant to Section 12 -3 -3, Appeals, Vail Town Code, of the Town of Vail Planning and Environmental Commission's determination that Section 14- 5 -2 -K, Valet Parking, Vail Town Code, does not require that at least 50% of the required parking spaces provided on site must operate as self - parking, and setting forth details in regard thereto. PRESENTER(S): Bill Gibson ACTION REQUESTED OF COUNCIL: A request for the Town Council to grant a continuance of this item to its April 20, 2010 public hearing. BACKGROUND: Pursuant to Section 12 -3 -3, Appeals, Vail Town Code, the Town Council may grant a continuance of an appeal of a Planning and Environmental Commission decision to allow the parties additional time to obtain information for a period not to exceed 30 calendar days. STAFF RECOMMENDATION: Staff recommends the Town Council grant a continuance of this item to its April 20, 2010 public hearing. \n 4/6/2010 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Town of Vail Work Plan Approval & Public Comment. PRESENTER(S): Stan Zemler ATTACHMENTS: Work Plan Work Plan \n 4/6/2010 \n y 1 R . A OF VAK . PRIORITIZED AREAS OF FOCUS Date: April 6, 2010 To: Vail Town Council From: Stan Zem ler, Town Manager Subject: 2010 Work Plan Priorities as ranked by the Vail Town Council. 1. Budget & Capital Management A. Identify and rank capital needs for the next five years and adopt by May 1, 2010. B. Continued focus on sustainable operating budget, reduce operating costs and identify appropriate staffing levels. Consider new funding opportunities. 2011 budget process, by September 30, 2010. C. Identify operating costs "embedded" in the RETT Fund, and include those in general operating expenses. To be identified in 2011 budget process and completed by September 30, 2010. 2. Parking and Transportation A. Develop a strategy for opportunities for new parking, complete Ford Park study, LionsHead parking structure study and resolve Frontage Road issues with CDOT. Strategic parking plan adopted by June, 1, 2010. B. Develop parking project for implementation by 2011. C. Work with Eagle County and other municipalities to develop long term strategy for ECO transit, including park and ride locations. Complete by December 31, 2010. 3. Economic Development A. Identify opportunities for projects that can increase our economic diversity. 1. Inventory assets that support economic activity and determine gaps - August 31, 2010. 2. Review the economic impact study for Ever Vail as it relates to economic vitality for Vail, May 2010. \n 4/6/2010 \n 1 3. Participate in the West Vail master planning with the goal of increasing economic vitality. Complete by end of 2010. B. More discussion on possible utilization of conference center funds. 1. VLMDAC to present concepts at the March 16, 2010 Town Council evening session. 2. Schedule a discussion with Town Council at the April 20, 2010 work session. C. Identify projects and support with funding to enhance the guest experience for ski season 2010 -2011. 1. Present a plan to the Town Council by July 31, 2010. D. Identify possible additional sources of funds for marketing and events during the 2011 budget process. Complete by September 1, 2010. 1. Review answers to community survey that relate to this topic - July 1, 2010. 2. Schedule a discussion with Town Council at the July 20, 2010, work session. E. Look for new opportunities to bring destination guests to Vail. 1. Host a community business meeting with Vail Mountain Marketing to present strategies to attract destination guests year -round and solicit feedback for new ideas -April 8, 2010. 2. Create set of programs around the passions at the intersection of outdoor sports /recreation + health /wellness to position Vail as the world -class destination for pursuing these passions and recruit brand partners in these areas for leverage - beginning June 30, 2010, through 2012. 3. Promote a world -class year -round brand through Vail Mountain Marketing, Commission on Special Events and Vail Local Marketing District. Foster collaborative efforts aimed at attracting more destination guests regionally, nationally and internationally - schedule a work session with Town Council, Vail Mountain Marketing and VLMDAC by June 30, 2010. F. Grow sales tax revenue at one percent (1 %) above inflation. 1. Implement identified strategies and monitor performance monthly. 4. Affordable Housing A. Continue efforts to redevelop Timber Ridge. Project approval and DIA by April 30, 2010, closing by May 16, 2010. B. Develop plan for Chamonix site infrastructure. Plan to be heard by Council by May 30, 2010. \n 4/6/2010 \n C. Track progress of affordable goals and report to Council on October 1, 2010. D. Implementation of Vail Resorts employee housing project (First Chair) on North Day Lot in May of 2010. 5. Environmental Stewardship A. Improve recycling opportunities for commercial business and homeowners. Residential 1. Work with local trash haulers to implement a voluntary "save as you recycle" volume -based trash program, and promote recycling opportunities, along with increased education. Program will be rolled out in May of 2010. 2. Multi- family residential volume based trash /recycling pilot program. Grant pending — implementation July 20, 2010. 3. Citizens' Recycling Committee. Results /recommendations to be submitted to Council on April 20, 2010. 4. USDA Tri- County Waste Diversion Grant (Survey of visitors /residents). Estimated to be complete in August 2010. Provided will be guest feedback on convenience, knowledge and desires related to recycling in town. Commercial 1. Business Recycling Grant Program — Support business recycling infrastructure (e.g. shared cardboard bailer, remodel of trash area to support recycling hauls, etc.) RFP to be issued April 1, 2010. 2. Lead by example — green purchasing, recycling, paper reduction, composting, no idling, supporting and implementing renewable energy projects, green building codes, LEED certified construction projects, ongoing employee and public environmental education. This is an ongoing effort. 3. Town code does not support sustainable efforts. a) Solar panel regulations to be brought before Council by April 20, 2010. 4. Implement energy efficient efforts. Town facilities audit to be completed in spring of 2010. \n 4/6/2010 \n 3 O V� OL * TOM PRIORITIZED AREAS OF FOCUS Date: April 6, 2010 To: Vail Town Council From: Stan Zemler, Town Manager Subject: 2010 Work Plan Priorities as ranked by the Vail Town Council. 1. Budget & Capital Management A. Identify and rank capital needs for the next five years and adopt by May 1, 2010. B. Continued focus on sustainable operating budget, reduce operating costs and identify appropriate staffing levels. Consider new funding opportunities. 2011 budget process, by September 30, 2010. C. Identify operating costs "embedded" in the RETT Fund, and include those in general operating expenses. To be identified in 2011 budget process and completed by September 30, 2010. 2. Parking and Transportation A. Develop a strategy for opportunities for new parking, complete Ford Park study, LionsHead parking structure study and resolve Frontage Road issues with CDOT. Strategic parking plan adopted by June, 1, 2010. B. Develop parking project for implementation by 2011. C. Work with Eagle County and other municipalities to develop long term strategy for ECO transit, including park and ride locations. Complete by December 31, 2010. 3. Economic Development A. Identify opportunities for projects that can increase our economic diversity. 1. Inventory assets that support economic activity and determine gaps - August 31, 2010. 2. Review the economic impact study for Ever Vail as it relates to economic vitality for Vail, May 2010. \n 4/6/2010 \n 1 3. Participate in the West Vail master planning with the goal of increasing economic vitality. Complete by end of 2010. B. More discussion on possible utilization of conference center funds. 1. VLMDAC to present concepts at the March 16, 2010 Town Council evening session. 2. Schedule a discussion with Town Council at the April 20, 2010 work session. C. Identify projects and support with funding to enhance the guest experience for ski season 2010 -2011. 1. Present a plan to the Town Council by July 31, 2010. D. Identify possible additional sources of funds for marketing and events during the 2011 budget process. Complete by September 1, 2010. 1. Review answers to community survey that relate to this topic - July 1, 2010. 2. Schedule a discussion with Town Council at the July 20, 2010, work session. E. Look for new opportunities to bring destination guests to Vail. 1. Host a community business meeting with Vail Mountain Marketing to present strategies to attract destination guests year -round and solicit feedback for new ideas - April 8, 2010. 2. Create set of programs around the passions at the intersection of outdoor sports /recreation + health /wellness to position Vail as the world -class destination for pursuing these passions and recruit brand partners in these areas for leverage - beginning June 30, 2010, through 2012. 3. Promote a world -class year -round brand through Vail Mountain Marketing, Commission on Special Events and Vail Local Marketing District. Foster collaborative efforts aimed at attracting more destination guests regionally, nationally and internationally - schedule a work session with Town Council, Vail Mountain Marketing and VLMDAC by June 30, 2010. F. Grow sales tax revenue at one percent (1 %) above inflation. 1. Implement identified strategies and monitor performance monthly. 4. Affordable Housing A. Continue efforts to redevelop Timber Ridge. Project approval and DIA by April 30, 2010, closing by May 16, 2010. B. Develop plan for Chamonix site infrastructure. Plan to be heard by Council by May 30, 2010. \n 4/6/2010 \n C. Track progress of affordable goals and report to Council on October 1, 2010. D. Implementation of Vail Resorts employee housing project (First Chair) on North Day Lot in May of 2010. 5. Environmental Stewardship A. Improve recycling opportunities for commercial business and homeowners. Residential 1. Work with local trash haulers to implement a voluntary "save as you recycle" volume -based trash program, and promote recycling opportunities, along with increased education. Program will be rolled out in May of 2010. 2. Multi- family residential volume based trash /recycling pilot program. Grant pending — implementation July 20, 2010. 3. Citizens' Recycling Committee. Results /recommendations to be submitted to Council on April 20, 2010. 4. USDA Tri- County Waste Diversion Grant (Survey of visitors /residents). Estimated to be complete in August 2010. Provided will be guest feedback on convenience, knowledge and desires related to recycling in town. Commercial 1. Business Recycling Grant Program — Support business recycling infrastructure (e.g. shared cardboard bailer, remodel of trash area to support recycling hauls, etc.) RFP to be issued April 1, 2010. 2. Lead by example — green purchasing, recycling, paper reduction, composting, no idling, supporting and implementing renewable energy projects, green building codes, LEED certified construction projects, ongoing employee and public environmental education. This is an ongoing effort. 3. Town code does not support sustainable efforts. a) Solar panel regulations to be brought before Council by April 20, 2010. 4. Implement energy efficient efforts. Town facilities audit to be completed in spring of 2010. \n 4/6/2010 \n 3 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Second reading of Ordinance No. 3, Series of 2010, an ordinance amending Section 14 -10 -5, Building Materials and Design, Vail Town Code, pursuant to Section 14 -1 -3, Administration of Standards, to allow for changes to the solar panel regulations, and setting forth details in regard thereto. (PEC090041) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council table this item to the May 4, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council approved Ordinance No. 3, Series of 2010, upon first reading by a vote of 4 -3 -0 (Daly, Donovan and Foley opposed). The Vail Town Council requested that Staff return with additional information, including renderings and pictures of existing and potential solar panel installations. Staff is requesting a tabling of this item in order to provide additional information. ATTACHMENTS: Ordinance No. 3, Series of 2010 Second Reading \n 4/6/2010 \n ORDINANCE NO. 3 SERIES OF 2010 AN ORDINANCE AMENDING SECTION 14 -10 -5, BUILDING MATERIALS AND DESIGN, VAIL TOWN CODE, PURSUANT TO SECTION 14 -1 -3, ADMINISTRATION OF STANDARDS, FOR CHANGES TO THE SOLAR PANEL REGULATIONS, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the general purpose of the Development Review Handbook; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the Town of Vail Environmental Sustainability Strategic Plan adopted goal of promoting energy conservation and a reduction in greenhouse gas emissions by supporting renewable energy projects; and WHEREAS, the Vail Town Council finds that these amendments will provide more appropriate, improved regulations for solar panels consistent with the architectural and aesthetic Ordinance No. 3, Series of 2010 \n 1 4/6/2010 \n 10 -1 -1 \n character of the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The purpose of this ordinance is to amend Section 14 -10 -5, Building Materials and Design, in order to amend regulations for solar panels. (Text that is to be deleted is s +rte Text that is to be added is bold. Sections of text that are not amended may be omitted.) Section 2. Section 14 -2 -1 is hereby amended as follows: SOLAR PANEL: a group of solar cells that are installed onto a flat panel surface. Photovoltaic (PV) panels capture sunlight and convert it into electric power. Solar thermal panels capture sunlight and convert it into heat for the purposes of space heating, or hot water. Section 3. Section 14 -10 -5 is hereby amended as follows: W.. C � e �oller--te s lie #atonpr ree; hew ever- nk� � &" �-� -All ,� - r fs �- „PO4ei/er ►a�ep- re rfi �',�.T i� e�f;Q GGm aAble with the eypFall design of the hip dino H. Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the 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 5. 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 No. 3, Series of 2010 \n 2 4/6/2010 \n 10 -1 -2 \n Section 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 9. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 16 day of February, 2010 and a public hearing for second reading of this Ordinance set for the 2n day of March, 2010, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 2n day of March, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 3, Series of 2010 \n 3 4/6/2010 \n 10 -1 -3 \n 'OWN OF VAM . VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Resolution No. 5, Series of 2010, a resolution amending Section 8.4.2.7 Roofs, Lionshead Redevelopment Master Plan, pursuant to Section 2.8, Adoption and Amendment of the Master Plan, Lionshead Redevelopment Master Plan, in order to amend the guidelines on solar panels in Lionshead, and setting forth details in regard thereto. (PEC090040) PRESENTER(S): Rachel Friede ACTION REQUESTED OF COUNCIL: Staff requests that the Vail Town Council table this item until the May 4, 2010 meeting. BACKGROUND: On January 25, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with modifications, for changes to both the Lionshead Redevelopment Master Plan and the Development Standards of the Vail Town Code. On February 16, 2010, the Vail Town Council discussed Resolution No. 5, Series of 2010, but no action was taken. ATTACHMENTS: Resolution No. 5, Series of 2010 \n 4/6/2010 \n RESOLUTION NO. 5 Series of 2010 A RESOLUTION AMENDING SECTION 8.4.2.7 ROOFS, LIONSHEAD REDEVELOPMENT MASTER PLAN, PURSUANT TO SECTION 2.8, ADOPTION AND AMENDMENT OF THE MASTER PLAN, LIONSHEAD REDEVELOPMENT MASTER PLAN, IN ORDER TO AMEND THE GUIDELINES ON SOLAR PANELS IN LIONSHEAD, AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, on December 15, 1998, the Vail Town Council adopted the Lionshead Redevelopment Master Plan; and WHEREAS, on April 6, 1999, the Vail Town Council adopted Ordinance 3, Series of 1999, which amended the Zoning Regulations and created Lionshead Mixed Use 1 and Lionshead Mixed Use 2 Districts; and WHEREAS, Section 2.8 of the Lionshead Redevelopment Master Plan outlines a procedure for amending the Master Plan; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code of the Town of Vail; and WHEREAS, the Planning and Environmental Commission of the Town of Vail has recommended approval with modification of these amendments at its January 25, 2010 meeting, and has submitted its recommendation to the Vail Town Council; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments are consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments further the purpose of the Lionshead Redevelopment Master Plan; and WHEREAS, the Planning and Environmental Commission finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote Resolution No. 5, Series of 201x0 1 4/6/2010 \n 11 -1 -1 \n the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; and WHEREAS, the Vail Town Council finds that these amendments will provide improved regulations for solar panels within the Town of Vail; and WHEREAS, the Vail Town Council considers it in the interest of the public health, safety, and welfare to adopt these amendments to the Town Code. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 1. The Town Council of the Town of Vail hereby amends the Lionshead Redevelopment Master Plan (in part) as follows (additions are indicated in bold and deletions are indicated in R +riLn +h Fe , nh : Chapter 8: Architectural Design Guidelines: 8.4.2.7 Roofs (in part) Q y4ghfR h /Cnr Pa ' eels kI41 WR ;;Pd Rohr nanelR are permitted within I iepshead if they are lass than Z r °cP.t h1/Y I't�- th rrnllnrllnn roof th el�ent -q lm-ii-qt I q ma*i l m Ti l�i T m I roof hnin hl nnlnllhlinnR and Rhn/l — he well hirlrinn from street Inlml and tho mpg lnf;4in Skylights Skylights are permitted within Lionshead if they are less than 3 feet higher than the surrounding roof. Skylights must be included in maximum roof height calculations, and shall be well - hidden from street level and the mountain. Solar Panels Solar panels should be installed on building roofs and facades and oriented for energy production. Solar panels shall be designed and placed in a manner compatible and architecturally integrated into the overall design of the building. Solar panels should be installed to minimize visual impact from street level. Solar panels may be installed within setbacks on existing structures if the structure is legally nonconforming or permitted to encroach into setbacks. Solar panels shall not be included in calculation of building height. No portion of any solar panel shall project more than eight (8) feet from the roof plane or fagade to which the panel is attached. Solar panels shall not be installed within two (2) feet of a roof ridge or roof eave. Solar panel framing, brackets and associated equipment shall be painted to match adjacent building surfaces. Resolution No. 5, Series of 201x0 2 4/6/2010 \n 11 - 1 - 2 \n INTRODUCED, READ, APPROVED AND ADOPTED this 2 nd day of March, 2010. Richard D. Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 5, Series of 201x0 3 4/6/2010 \n 11 -1 -3 \n T VAIL VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: April 6, 2010 ITEM /TOPIC: Resolution No. 9, Series of 2010, a Resolution Approving an Intergovernmental Agreement Between the Town of Vail and Eagle River Water & Sanitation District; and Setting Forth Details in Regard Thereto. PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. BACKGROUND: The Eagle River Water & Sanitation District (the "ERWSD ") is required to come into compliance with new USEPA drinking water regulations for groundwater. In order to come into compliance, the ERWSD needs to make upgrades at their existing R4 house well along Vail Valley Drive near the Pulis Bridge. The improvements will require tapping into the Town's existing sanitary sewer lift station. STAFF RECOMMENDATION: Approve the IGA, and authorize the Town Manager to sign and enter into the IGA with ERWSD in a form approved by the Town Attorney. ATTACHMENTS: Resolution No. 9, Series of 2010 Exhibit A ERWSD Memo & IGA \n 4/6/2010 \n RESOLUTION NO. 9 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER & SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Eagle River Water & Sanitation District (the "ERWSD ") wishes to upgrade its R4 well house, located near the intersection of Vail Valley Drive and the South Frontage Road, and to connect the R4 well house to the Town's private sewer collection system; and WHEREAS, the Town has relocated the guard house known as "Check Point Charlie" and the new facility includes a public rest room which requires a sewer service to be tapped into the ERWSD's sewer main; and WHEREAS, the Town and ERWSD wish to enter into an Intergovernmental Agreement (the "IGA ") allowing the ERWSD's R4 well house to be connected to the Town's private sewer system and providing for a variance to the ERWSD's Rules and Regulations to tap Check Point Charlie's public restrooms into the ERWSD's sewer main; and WHEREAS, the Council's approval of Resolution No. 9, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 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 6 th day of April, 2010. Richard Cleveland, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 9, Series 2010 \n 4/6/2010 \n 12 -1 -1 \n BOARD ACTION REQUEST FORM TO: VAIL TOWN COUNCIL MEMBERS EAGLE RIVER WATER & SANITATION DISTRICT BOARD OF DIRECTORS FROM: LESLIE ISOM, ADMINISTRATION MANAGER DATE: MARCH 22, 2010 SUBJECT: CHECK POINT CHARLIE & WELL R4 IGA Summary of Subject: Attached for your consideration is the above referenced intergovernmental agreement between the Town of Vail and the District. In this IGA, the Town agrees to allow the District to tap Well R4, located near the intersection of Vail Valley Drive and the South Frontage Road, into the Town's private sewer line which begins at the Public Works Shops and Administration buildings and extends and connects to the District's sewer main line located along Vail Valley Drive, in conjunction with the Town's private lift station. In return, the District agrees to approve a variance to its Rules and Regulations to allow the Town to tap the Check Point Charlie sewer service line into the District's nearby manhole. The District also agrees to perform the maintenance, repair and replacement of the Town's private sewer service line and, in the event the Town wishes to abandon the private sewer service line and/or private lift station, the District agrees to assume ownership and maintenance of it and/or them. Discussion/Background: This agreement is mutually beneficial to the Town and the District. The District is performing upgrades to its well houses, in response to the upcoming EPA Ground Water Rule and District's R4 well house, is not currently connected to District's sewer collection system. This agreement allows the R4 well house be connected to the sewer collection system and shifts the maintenance responsibility of the private service line from the Town to the District. The Town, in relocating the Check Point Charlie, is adding a public rest room. which requires a sewer service line to be tapped onto District's sewer main line. It is beneficial to the Town to obtain a variance to the District's Rules and Regulations to tap the sewer service line into District's nearby manhole rather than tapping into the adjacent sewer main at a depth exceeding 20 feet. Legal Issues: Legal counsel for the Town and the District have reviewed and approved the form of this agreement. Recommendation: The staff of the Town and the District recommend and request tha this intergovernmental agreement be approved by the Vail Town Council and the District Board of Directors. Attached Support Documentation: A copy of the IGA is attached. Thank you for your attention to this matter. \n 4/6/2010 \n FAI5WSD \lADM1N \CONTRACT \TOVR4WELL HOUSE\SARP.DOC 12 -2 -1 \n i AGREEMENT THIS AGREEMENT entered into this , day of , 2010, by and between TOWN OF VAIL, a home rule municipality and political subdivision of the State of Colorado ( "Town "), and EAGLE RIVER WATER & SANITATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado ( "District ") hereinafter also referred to as the "Parties ". RECITALS WHEREAS, District owns and operates a water treatment and distribution system and the wastewater treatment and collection system within the boundaries of Town; and WHEREAS, District is performing upgrades to its well houses, in Town, in response to the upcoming EPA Ground Water Rule; and WHEREAS, District's R4 well house, located near the intersection of Vail Valley Drive and the South Frontage Road, is not currently connected to District's sewer collection system and District desires that the R4 well house be connected to the sewer collection system; and WHEREAS, the Town has a private sewer service, as defined as that which begins at the Public Works Shops and Administration buildings located at 1279 and 1309 Elkhorn Drive respectively and extends and connects to a District sewer main located along Vail Valley Drive, in conjunction with a Town owned lift station located near the intersection of Vail Valley Drive and the South Frontage Road, and; WHEREAS, Town is willing to allow District to tap the R4 well house into said private sewer service, under conditions mutually agreed to by the Parties; and WHEREAS, the above referenced appurtenances are shown on District's 1 /4 Section Map Number 2101 -092, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Town is relocating the guard house known as "Check Point Charlie" to the general vicinity of Gore Creek Drive and Willow Bridge Road and such facility will include a public rest room which will require a sewer service to be tapped onto District's sewer main; and WHEREAS, Town desires to obtain a variance to District's Rules and Regulations to tap said sewer services into District's Manhole No.2101- 082MH0700 at a F:\ISWSD\ I admi nlContract \T0VR4we11 house\Town Mail Agreement Final.dcc 4/6/201 0 \n 12 -2 -2 \n depth to be determined, rather than tapping into the adjacent sewer main at a depth exceeding 20 feet; and WHEREAS, District is willing to allow a variance to District's Rules and Regulations to allow Town to tap the Check Point Charlie sewer service into said manhole under conditions mutually agreed to by the parties; and WHEREAS, Town and District are authorized by Colorado Constitution, Article XIV, Section 18(2)(a) and Section 29 -1 -203, Colorado Revised Statutes, to cooperate and contract with each other to provide any function, service or facility lawfully authorized to each. AGREEMENT NOW, THEREFORE, in consideration of the covenants, conditions and agreements set forth herein, the Parties agree as follows: 1. OBLIGATIONS OF TOWN 1.1 Town agrees to allow District to tap the R4 well house into Town's private sewer service near the intersection of Vail Valley Drive and the South Frontage Road to enable District to discharge approximately 0.5 gallons per minute. 1.2 Town agrees to provide all materials, labor and equipment to maintain the private lift station associated with the private sewer service. 1.3 In the event Town wishes to abandon the private lift station and /or the private sewer service, District agrees to assume ownership and maintenance of the private lift station and /or ownership of the private sewer service (it being acknowledged that District is assuming maintenance responsibility for such private sewer service pursuant to this Agreement), as applicable. 1.4 Town agrees to provide all materials and labor required to tap the Check Point Charlie sewer service into the above referenced manhole at the above referenced depth, and in accordance with the variance to the Rules and Regulations approved by District in Section 2.1 below. Town shall be .responsible for any maintenance or repairs made necessary as a result of the variance to be granted pursuant to this Agreement. F; I15wsd \ladmin \contmctltovr4we11 house\town of vail %6reement final. doc 4/6/201 0 \n 12 -2 -3 \n 2. OBLIGATIONS OF DISTRICT 2.1 District agrees to approve a variance to its Rules and Regulations to allow Town to tap the Check Point Charlie sewer service into the above referenced manhole at a depth to be determined. 2.2 District agrees to provide all materials, labor, and equipment required to tap the R4 well house into Town's private sewer service. It is anticipated that District will require a 4" tap. 2.3 In lieu of sharing maintenance costs associated with Town's lift station, District agrees to provide all materials, labor and equipment to perform the following on the same frequency as other District sewer mains: a. Jetting the Town's private sewer service, as defined above. b. Televising the Town's private sewer service, as defined above. c. Maintenance, repair, and replacement of the private sewer service from the R4 well house to the sewer main as needed. 3. TERM OF AGREEMENT This Agreement shall commence on the date first written above and run in perpetuity for the benefit of the Parties. 4. ADDITIONAL PROVISIONS 4.1 Release from Liability The Parties are effecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless 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. 4.2 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. f,\] 5wsdV l adminlcontractltovr4well houseltown of vail ilnal.doc 4/6/2010 \n 12 -2 -4 \n 4.3 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 other than District and 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 Town, District, or any other entity not a party hereto. 4.4 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 mail, postage prepaid, with return receipt requested, addressed to the Parties as follows: Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water & Sanitation District Dennis Gelvin, General Manager 846 Forest Road Vail, Colorado 8 ] 657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 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. 4.5 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 unenforce ability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this fa] 5wsd11adminkontrnctltovr4weI] houseltown of vail\kreement final.doc 4/6/201 0 \n 12 -2 -5 \n Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 4.6 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. 4.7 Force Ma'eure. 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 commotions, 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. 4.8 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. 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 & SANITATION DISTRICT By: Robert Warner, Jr. Attest: Debbie Buckley, Secretary f, 115wsd \ladmin\contract\tovr4well houseltown of vail \4"reement final.doc 4/6/201 0 \n 12 -2 -6 \n TOWN OF VAIL By: Dick Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney F.\] 5wsd \l adminlcontractltovr4well house\town of vail agreement final.doc 4/6/201 0 \n 12 -2 -7 \n NORTH. 1/4 COR. 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ATTACHMENTS: ERWSD letter Easement Easement Exhibits \n 4/6/2010 \n EAGLE RIVER AMIr WATER & SANITATION DISTRICT 846 Forest Road 0 Vail, Colorado 81657 (970) 476.7480 • FAX (970) 476.4089 www.erwsd.org March 19, 2010 Town of Vail Council 75 S. Frontage Road Vail, CO 81657 SUBJECT: REQUEST FOR EASEMENTS FOR VAIL WELL HOUSE LOCATIONS FOR REGULATORY COMPLIANCE Dear Council Members, A new USEPA drinking water regulation came into effect December 1, 2009 called the Ground Water Rule. This regulation is aimed at increased disinfection of ground water wells. The Eagle River Water and Sanitation District has been working with HDR Engineering out of Denver to make improvements to the disinfection process to our 7 wells in the Vail area as well as 10 more in the down valley area. We utilize chlorine to achieve disinfection of any bacteria or viruses in source water and to meet other water quality regulations. In order to meet current disinfection requirements we need to add additional piping at two of our wells; for which we request easements from the Town. By meeting these new requirements we avoid the potential for wells needing to be shut down, and any water service interruptions that may ensue. Additionally, we are looking to create sanitary sewer connections for our well houses as requested by the State of Colorado Department of Health and Environment. The easements requested will accommodate this additional requirement as well. We appreciate your time and consideration and would be happy to answer any questions you may have regarding this request or drinking water in general. We are proud to serve high quality drinking water to the Town of Vail and look forward to continuous improvements in both quality and service. Sincerely, Todd Fessenden Water Division Manager Eagle River Water and Sanitation District 970 - 477 -5471 AV WATER, WA9Tf-WATER, OPERATIONS & MANAGEMENT SW M O \n H ',GWR DESIGNS 2008 09NTOV COUNCIL, EASEMENT REQUEST042010.DOCX 13 -1 - 1 \n WATER AND SEWER EASEMENT THIS EASEMENT is made this day of 2010, by and between The Town of Vail (hereinafter referred to as "Grantor ") successors and assigns, EAGLE RIVER WATER & SANITATION DISTRICT, a political subdivision of the State of Colorado within the County of Eagle, (hereinafter referred to as "District "). WITNESSETH, that for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the District to Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, convey and quitclaim unto the District, its successors and assigns, a perpetual easement and right to construct, install, remove, replace, add to, maintain, repair, operate, change or alter underground water and sewer lines and all underground and surface appurtenances related thereto, including, without limitation, treatment facilities, lift stations and manholes (hereinafter "water and sewer lines "), together with any and all water and sewer lines situate therein, all necessary rights -of -way for convenient ingress and egress thereto and therefrom, and may submit a Public Way Permit to the Grantor for approval to occupy and use, from time to time, as much of the adjoining land of the Grantor as maybe reasonably necessary for any of the aforesaid purposes, over, under and across the following described premises, situate in the County of Eagle, State of Colorado, to -wit: See EXHIBIT A attached hereto and incorporated herein by reference. Grantor covenants that the Grantor has the lawful right to grant and convey such easement, rights -of -way, and water and sewer lines, and that Grantor will at no time permit any building to be hereafter constructed over said easement. Following the completion of the purpose of any entry by the District upon such easement for any of the aforesaid objects, the District shall restore the premises to substantially the same condition existing at the time of the entry thereon, except for trees, shrubs and plants thereon located or standing in the way of the object for which the entry is made in accordance with the Grantor's Town Code requirements. All provisions of the Easement, including all benefits and burdens, shall run with the land and shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto, subject to the provisions hereof. {00183729.DOC /} \n 4/6/2010 \n 13 -2 -1 \n IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. GRANTOR: By: Name: Title: STATE OF COLORADO ) ss. COUNTY OF ) The foregoing Easement was subscribed and sworn to before me this day of , 20 , by as of Grantor. Witness my hand and official seal. My commission expires: (S E A L) Notary Public ACCEPTED by the Eagle River Water & Sanitation District this _ day of 20_ EAGLE RIVER WATER & SANITATION DISTRICT By: General Manager 2 \n 4/6/2010 \n 13 -2 -2 \n EXHIBIT A 3 \n 4/6/2010 \n 13 -2 -3\n EXHIBIT A 3 \n 4/6/2010 \n 13 -3 -1 \n S:\ 09004 \Bw9MELLSM8 EXHIBIT.dwg, kamey SAD= ... . = o n o N-4 an _. dS a o ;t N na x ��� r r l x�a ' p d` .v �a� � •� �� ".j � ' Ozz \V LA 0 'g3 , n n`n� Aid ` od m o c aT n U1 �a m i S q to �tn m 2 ° p Er Ul N N p (U4 A 4P 7: m Zn m vmw> Y r i O .I� O r'❑ U N7 ❑ 3`O 3 7 C a Z m m ? N 3 :E m o O 50f'04'36`W �1 ° ' ° a p °1 i ° n o a N o G N co to m I❑ r` O f0 C7 ` N 37.00' a z n Q' r r O H p o f n'D @ C � o o 3 so M O u -y p o :n o am l7` ❑ ° a .« �o ; no m w3 ron�-� r' QZZ mJ3 W-.,m W n m z i ro 3 ry. 7 > m WG7� 3 3 n m ro y n n.�r�ro � 0 6 �xOV gayo m Naro n � cnv 28 w8 00' S'm CL ° " F ot7T w•t ('A � z - a N01'04'36 E N - m g ° ', o SI o cn D r�i��N3 ��° m 10 D cN 410 n0 n ro 01 03 CQ d - 4 _ �. 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