HomeMy WebLinkAbout2012-03-06 Town Council MinutesVail Town Council Meeting Minutes
Tuesday, March 6, 2012
3:45 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 3:45 P.M. by Mayor
Andrew P. Daly.
Members present: Andrew P. Daly, Mayor
Kerry Donovan
Kevin Foley
Ludwig Kurz
Greg Moffet
Margaret Rogers
Susie Tjossem
Staff members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Kevin Foley arrived at 4:07 P.M.
The first item on the agenda was a discussion regarding naming of the Lionshead Welcome Center
community space, setting policy and direction for management of the Lionshead Welcome Center
community space including free and discounted use.
Pam Brandmeyer, Assistant Town Manager, discussed possible names of the new Lionshead Welcome
Center community space. She had a couple of suggested names. Tjossem said she wants a name that
has historical significance to Vail as the 50'h Anniversary of Vail is coming up. Daly suggested the
town make an announcement at the annual community meeting on March 13, 2012, that the town is
looking for public input on naming this space with a historical name and the winner could receive a
parking pass or something.
Rogers asked if selling sponsorship rights to the name would give the town money for offering the
community room to local community organizations for free and have the community room stand on its
own economically. Rogers said it could be called "The Founders Room" and a group of founders could
put together an endowment fund so it's totally accessible to local residents.
Tjossem said when the Lionshead Center was discussed with Henry Beer, every bench and chair could
be purchased. Moffet said in the past the town has engaged firms and it didn't work out so well.
Donovan said she is supportive of a community naming process.
Kurz said the public naming is the way to go and if someone wants to have the room named after them
it could happen. It would be available for naming rights for a considerable donation. Donovan is not
comfortable selling the name. Kurz suggested the naming of the room should be for someone that is
deceased. Daly said the town could begin using the name and open it to the public for use by the first
part of May.
Town Council Meeting Minutes of March 6, 2012 Page 1
Brandmeyer said the second part of the discussion was asking Council to set policy and fee schedules
for the operations of the community room. She reviewed the memorandum and named the variolis
spaces in town that are rented for group use, managed by the town and by others, i.e. Betty Ford
Alpine Gardens, Vail Recreation District, and the rates for each.
Brandmeyer stated that initial calls and inquiries would be used for smaller groups. The town sent out a
Request for Proposal (RFP) last fall. The town received one response from Donovan Management
(DM). The fees were based on actual use at Donovan Pavilion which is a much larger space. Those
fees are out of the range for the community space use. She asked Council to give staff direction on
how they want to proceed. They have gathered lots of great information over the years from the
Donovan Pavilion as far as a process for free and discounted use and setting a rate structure. She
stated there are written policies in place that help direct the management of Donovan Pavilion. The
Donovan Pavilion subcommittee consists of Diana Donovan, Laurie Assmussen with the Donovan
Management and Brandmeyer.
Daly asked about the preliminary budget proposal by DM. Brandmeyer said DM is proposing 50
discounted uses per year at the Lionshead Welcome Center community space. Brandmeyer said
discounted fees could mean as an example, a Vail non-profit would automatically receive a 31%
discount. If it's Monday through Thursday, there's another discount. The type of event is also reviewed
as to whether cleaning fees and other fees are included. There is a list of criteria used to help
determine if an organization qualifies for a discounted or free use of the Donovan Pavilion and that
criteria could also be used at this space.
Daly said it would be helpful for Council to see the criteria. He said under revenues there were fees
regarding paid clients, discounted clients and management fees. He asked why the town would pay
Donovan Management $50,000 to manage the space. Zemler stated the management fees for the
Lionshead Welcome Center community center is based on Donovan Pavilion fees.
Brandmeyer said the Donovan Management contract was negotiated around nine years ago. The
proposal for the Lionshead Welcome Center community space was based on Donovan Pavilion's
management policies and rates. She stated the Council now wants this community space to be run
and priced differently than Donovan Pavilion than when the RFP was sent out. She stated there will be
many other public requests for smaller groups to use the Lionshead Welcome Center community space
for little to no cost. The Council could look at this space as being similarly used like the Town Council
Chambers and the town's administrative conference rooms.
Tjossem said the current proposal by Donovan Management should be taken off the table. There
needs to be a renegotiated proposal with a different fee structure and operation structure.
Daly said the Council that was in place when they approved the Lionshead Welcome Center wanted a
proposal to have a break even point. Brandmeyer said that was in the RFP.
Tjossem said the base management fee will drive the cost up. Daly said the space shouldn't go over
and should generate revenue to cover the costs of running the space.
Rogers suggested the town could create a position in-house to manage the space for $50,000.
Town Council Meeting Minutes of March 6, 2012 Page 2
Brandmeyer said only one proposal was submitted to the town in November, 2011. Tjossem said
maybe the town should lump the management of the information center on the first floor with the
management of the community room.
Zemler said the town is trying not to hire full time employees at this time and paying additional benefits.
He said if the Council desires, staff could revisit this item and build a case for having Donovan Pavilion
Management run this space versus someone else. Moffet suggested Council keep in mind that the
town can take this opportunity to hire a local small business to run this community room instead of
bringing it in to the town business. If less revenue is being made, the management company needs to
make money somehow. He asked staff and Council to take a look at what the objectives and policies
are for this space and let somebody else deal with the pricing to effectuate that policy. Zemler asked
Council what they had in mind for this space.
Rogers gave examples of weddings, Boy Scout meetings and art shows. Brandmeyer reiterated that
Daly requested staff have this space be revenue neutral and not to generate revenue. Rogers wants
the space to serve the community. Moffet said there should not be conflicting policies. He said to
shoot for a reasonable policy and revisit how it's supposed to work financially.
Brandmeyer said she is hearing community first and anytime they are able, to fit in revenue producing
events in between. She said there could be a block of time during the week, like Monday through
Thursday, that is either free or greatly discounted and have the weekends for revenue producing events
to achieve a revenue neutral space. Moffet suggested an enterprise district and the district could
include the Donovan Pavilion and use the revenue from Donovan to support the Lionshead Welcome
Center community space.
Judy Camp, Finance Director, said they could accomplish getting a revenue neutral space and
offsetting the cost of the Lionshead Welcome Center community space with the Donovan Pavilion
revenue without creating an enterprise district. Daly said in the beginning, the town may have to
subsidize this space for a while.
Foley stated for a small space, $1,200 was steep. Brandmeyer said occupancy loads are still being
reviewed. Brandmeyer said she has received good direction from Council and staff will move forward
to bring back revised information to Council in the near future.
The second item on the agenda was Resolution No. 12, Series 2012, a resolution amending the 2012
Budget for the Vail Local Marketing District (VLMD).
Kathleen Halloran, Budget Manager, said at the afternoon session the Council was informed of the
VLMD request to amend the 2012 Budget of the VLMD. She reviewed the memorandum with Council.
Daly clarified that the $146,000 they requested came from the VLMD and they achieved 70% savings in
the budget and there is no additional impact on the town.
Moffet made a motion to approve Resolution No. 12, Series of 2012, and the motion was seconded by
Kurz. Foley said he usually wants money spent toward special events but the VLMDAC made a good
point on how the dollars would be spent and will bring returns to the town. Daly said Council agrees
that this will be successful in driving incremental business to Vail. A vote was taken and the motion
passed unanimously, 7-0.
Town Council Meeting Minutes of March 6, 2012 Page 3
The third item on the agenda was Resolution No. 13, Series of 2012, a resolution allowing for an
administrative extension to the lapse of approval for certain approved development project approvals
and setting forth details in regard thereto.
George Ruther, Community Development Director, said on February 16, 2010, the Council adopted
Resolution No. 6, Series of 2012, which allowed for the administrative approval of an eighteen month
extension to the approved development plans for four projects. The administrative approvals for these
projects will expire in the spring/summer of 2012. The extension, in essence, granted certain
exemptions and all these projects are set to expire this spring. The owners have requested the town
grant a three year extension with the same terms that were in place and granted at the time of
approvals. This resolution allows for all the projects to expire on June 1, 2015, with some minor
exceptions. There is an obligation that all the projects would comply with all building codes in place at
the time they build the projects.
Rogers said the building code standards need to be current to when they are built, not when they
received the approvals. The changes are to allow compliance of life safety issues. Foley asked what
happens if they come back in another three years asking for another extension. Ruther said it will
depend on the sitting Council at the time of expiration. He said there are four viable projects that are in
process.
Daly asked how does the extension deal with inclusionary zoning. Ruther said employee housing
requirements as approved now will still be part of the approvals in three years and the construction use
tax exemptions end in year two. The construction use tax and the on -site employee housing are
exempted. Ruther said the inclusionary zoning would substantially change the project if they had to
have employee housing on site.
Greg Gastineau, with Timberline, thanked the Council for considering the extensions on these projects.
He said the first extension was for eighteen months. Tjossem asked why there was a one time
eighteen month extension and not three years. Ruther said at the time staff was optimistic about the
projects being built and the reality is that it may not be another eighteen months before the projects can
be built and so to prevent coming back in eighteen months, staff thinks three years is an appropriate
time to allow for the market to catch up.
Rocky Cortina, representing the Strata Group, thanked the Council for their consideration. They have
spent the capital to get the building up to code. He said in theory, if their group had the capital, they
could start building this summer.
Mauriello said he represents applicants, Cascade residences, Michael Hecht and Steve Lindstrom, and
said the applicant's are supportive of this as well.
Rick Pylman, representing the Cornerstone project, appreciates the efforts of Council and staff in
recommending these extensions.
Tjossem asked if this timeframe may mean there will be construction disruptions during 2015. Ruther
said the expiration date is June 15, 2015. This allows the approvals to begin at the end of ski season
and shouldn't be a problem. The start of construction would be in the summer.
Moffet made a motion to approve Resolution No.13, Series of 2012, as read and the motion was
seconded by Foley. A vote was taken and the motion passed unanimously, 7-0.
Town Council Meeting Minutes of March 6, 2012 Page 4
The fourth item on the agenda was an update on the Lionshead Plazas Streetscape.
Tom Kassmel asked Council to provide staff with direction regarding the Concert Hall Plaza Boiler
Room and extending the streetscape along East Lionshead Circle. The Lionshead East Mall and
Concert Hall Plazas Streetscape Improvement Project is budgeted for this year and is currently out to
bid for construction. Two design issues came up during the final design process. The first is that the
contemplated boiler enclosure for Concert Hall Plaza was not accepted by the Design Review Board as
a stand alone building. The most practical location for the boiler enclosure is to relocate and build it
into the base of the south side of the pedestrian bridge stairs. They would have to deconstruct and
reconstruct the stairs and snowmelt the new stairs for safety reasons.
The second issue is the significant increase in shuttle van use along East Lionshead Circle. In order to
accommodate the number of shuttle vans, staff recommends extending the heated walk and a shuttle
van pull -off lane along East Lionshead Circle. Both recommendations would require an increase to the
project budget. He reviewed the memorandum and power point with Council in detail. Kassmel said
the additional engineering costs to build were roughly around $150,000 to $160,000.
Additional discussion ensued regarding the additional snowmelt extension and the estimated cost to
build and maintain the sidewalks if the snowmelt system was extended. Kassmel said the estimated
cost to add snowmelt would be approximately $60,000 to $70,000, plus approximately $2 per square
foot for operating costs.
Rogers asked if the snowmelt could be added later if they do not fund it now. Kassmel said the base
bid is without it being heated. Included in the base bid are snowmelt mains that are stubbed out only.
Moffet asked how much it would cost if it is not heated. Greg Hall, Public Works Director, said the cost
to shovel this area, if not heated, and has to be hand shoveled and would be expensive. He said there
is also a safety factor involved if this area is not kept clear.
Kassmel said there is one other issue of the East Lionshead bus stop area. There was not additional
shuttle use at the Lionshead Welcome Center bus stop area for the additional vans and shuttles. There
has been an explosion of shuttle van uses. There are up to eight to twelve shuttle vans/buses using
this site as the new hotels have their own shuttle buses and concierge vehicles. Seeing the influx of
shuttles and the congestion, there needs to be a solution. He said in the Lionshead Master Plan, there
was a plan for improvements to this area. There could be an extension of the shuttle lane by 230 feet
or so to gain room for about eight shuttle vehicles. The cost would be around $750,000 which includes
heating and the construction improvements. This could accommodate the existing shuttles. The staff
could have discussions with the hotels and others that provide these services to get input and provide
better guest services. Kassmel said there were about 173 shuttles in this area from 8:00 to 10:30 a.m.
and from 2:00 to 5 p.m.
Daly said there were two alternatives that the staff wants feedback on: one is about a $200,000 request
and the other is $750,000 request.
Donovan said the main goal was to solve pedestrian and vehicle conflict on the western end of the
structure. Now the proposal is to line up all the vans on the east end of the new building and crossing
the road there. She asked if there needs to be another solution as there is going to be another vehicle
versus pedestrian conflict.
Town Council Meeting Minutes of March 6, 2012 Page 5
Kassmel said there could be gates added to make people go to the crosswalks to cross the road. The
reality is going to be difficult and if we are going to accommodate shuttles, we need to make a space for
them. There are a lot of factors to consider including having the shuttles stop elsewhere.
Rogers asked why the shuttles couldn't use the drop off in the short term parking inside the garage.
Kassmel stated most of the shuttles buses are too tall to go in that area. To have the vehicles go on
top of the parking structure doesn't work as the weight bearing load is too much.
Donovan asked about the hotel vans dropping off their guests at the top of the new Lionshead Transit
Center. Kassmel said the Lionshead Transit Center is about 1,400 feet away versus 900 feet if they
drop off on Meadow Drive below.
Moffet said he was on PEC when they discussed this issue in years past. He doesn't have a problem
having the shuttles go to the Lionshead Transit Center on the Frontage Road. He doesn't want to
exacerbate the traffic issues on Meadow Drive. He said the hotels that have sizable shuttles are on the
town bus route. This may seem less user-friendly but most hotels are on the in -town bus route. The
guests can take the town shuttle and have a shorter walk or take the hotel shuttle and have a longer
walk.
Rogers said the hotels should get more Suburbans to drop off their guests in the parking structure. She
agrees with Donovan, as the whole idea for this area was to get traffic off the street and eliminate to the
best we can pedestrian/vehicle contact. She said adding more snow melt encourages them to bring in
more vehicles. She is not in favor of having the vans drop off in this area at all. Further discussion
ensued.
Kassmel said the Lionshead Transit Center is currently used for ECO buses and charter buses, plus
future demand. Foley said the guests could use the elevator in the building to shorten the walk as well.
Daly asked if Council wants to see a regulatory solution versus a capital solution for this area.
Moffet said it's been the policy to eliminate pedestrian/vehicle interaction and wants to see other
solutions. Daly said Council is sending staff back to the drawing board for another look at alternative
solutions, either regulatory or capital, for the shuttle accommodation.
Daly summarized the three options for the boiler system and Concert Hall Plaza area: 1) take the
recommended solution which included a boiler vault underneath the pedestrian stairs, rebuilding the
stairs and snowmelting the whole area; 2) redo the Concert Hall Plaza sidewalk, including snowmelt,
but not connect to the system to the boiler until a future date; and 3) delay or postpone the renovation
of the Concert Hall Plaza sidewalk area until the town knows if we are going to remodel the Concert
Hall Plaza building.
Kassmel said staff wants to move forward with the second option which is to do the paver
improvements including installing the snowmelt tubing, building the boiler shelter, but not connecting
the system until a future date.
Daly said there is another option, which is to appeal the PEC decision. He said staff could move
forward with the landscape plan for this area but not move forward with the bus shuttle issue.
Town Council Meeting Minutes of March 6, 2012 Page 6
Foley said the Landmark had a small utility building near this area. He suggested the staff could ask
Landmark if the town could put a boiler there. Greg Hall said they could look into this option.
Daly said there were now four alternatives. Daly directed staff to do more research and come back with
more recommendations.
The fifth item on the agenda was a Council dinner break until 6:00 p.m.
Moffet made a motion to break for dinner and the motion was seconded by Foley. A vote was taken
and the motion passed unanimously, 7-0.
Council reconvened the evening meeting at 6:00 p.m.
The sixth item on the agenda was Citizen Participation. There was no public comment.
Daly reminded the community that the town's annual community meeting will be held next Tuesday,
March 13, 2012, from 5:00 to 7:00 p.m. at Donovan Pavilion. He invited the community to attend as
there will be several entities involved including Vail Resorts, the Forest Service, Eagle River Water and
Sanitation District and the town staff to bring the community up-to-date with current and future
happenings in town.
Foley expressed the Council's condolences to the Douglas family for the recent loss of Morgan
Douglas.
The seventh item on the agenda was the approval of the Consent Agenda.
The consent agenda included the request to approve the meeting minutes of February 7 and 21, 2012.
Kurz made a motion to approve the minutes of February 7, and the motion was seconded by Donovan.
A vote was taken and the motion passed unanimously, 7-0.
Foley made a motion to approve the minutes as amended for February 21, and the motion was
seconded by Kurz. A vote was taken and the motion passed 6-0-1. Moffet abstained as he was absent
from that meeting.
The next consent item was a request to approve an Employee Housing Unit (EHU) exchange.
Donovan said she was going to vote against this exchange as she feels this program is having an
unintended consequence of removing units from the free market.
Rogers made a motion to authorize the Town Manager to execute a deed restriction release and to
approve the request for an exchange of employee housing units, pursuant to Section 12-13-5,
Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee
housing unit deed restriction at Lot 1, Block 4, Vail Village Third Filing, in exchange for new deed
restricted employee housing at Bighorn Terrace Unit No. 22/4237 Columbine Drive (1,500 square feet)
and a fee in lieu payment of $1,443.90 (6 square feet x $240.65), and setting forth details in regard
thereto. The motion was seconded by Kurz. Foley agreed with Donovan and said the Council needs to
take a look at the unintended consequences of these EHU exchanges.
A vote was taken and the motion passed, 5-2, Foley and Donovan opposed.
Town Council Meeting Minutes of March 6, 2012 Page 7
The eighth item on the agenda was the Town Manager Report.
Judy Camp, Finance Director, updated the Council on the town's new finance system with Council. She
said it was moving forward at an accelerated pace to facilitate moving out of the current municipal
building. She said this has been in planning to replace the system for 2012-2013. The AS400 is the
current system and is housed in the lower level of the municipal building. She stated the moving costs
and upgrades for the current system would be more than $40,000 and the system would still be
inadequate for the town's needs. She said the new financial system will include automated time
tracking, reporting capabilities and automated on-line payment capabilities.
Daly asked if a request for proposal (RFP) had been done on this process. Camp said the staff looked
into a couple of systems and requested the staff do a request for information versus an request for
proposal (RFP). Daly asked if there were staff heading up this project. Camp said there are two
project managers: Mike Richards hired to be the consultant on software for the town through the IT
department will head up the system and equipment perspective, and the co -project manager for the
financial aspects is Kathleen Halloran. The current financial system is antiquated and doesn't meet the
town's financial processing needs. The have at least two systems they can review. She said there
were three companies reviewed and one couldn't provide the basic needs of the town. She said there
are no cost estimates at this time. The cost estimates and models will be done for hardware and
software of the systems in the near future. The project managers will be looking at the whole cost of
the finance system over time, including hardware and updates.
The ninth item on the agenda was first reading of Ordinance No. 5, Series of 2012, an ordinance
amending Section 3-3-2 ("Appointment of Board Members"), and Section 3-3-3, ("Membership;
Terms"), of the Vail Town Code, relating to eligibility and terms of members of the Art in Public Places
Board (AIPP), and setting forth details in regard thereto.
Mire said there was a recommendation from the AIPP board and from Council's last meeting, to change
the number of board members from eleven to nine; remove the required participation of Planning and
Environmental Commission and Design Review Board members; change the qualifications of members
to an interest or expertise in architecture, architecture criticism, education and history; and the terms
from three-year terms to two-year terms on an overlapping basis to be consistent with other town board
terms.
Rogers made a motion to approve first reading of Ordinance No. 5, Series of 2012, and the motion was
seconded by Donovan. A vote was taken and the motion passed, unanimously, 7-0.
The tenth item on the agenda was a request to table Ordinance No. 2, Series of 2012, an ordinance
amending Chapter 12-6, Residential Districts, Vail Town Code, pursuant to Section 12-3-7,
Amendment, Vail Town Code, to establish a new zone district, Vail Village Townhouse (VVTH) District,
and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII,
Vail Village Sub -Areas, East Gore Creek Sub -Area (#6), Vail Village Master Plan, pursuant to Chapter
VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to
a new Vail Village Townhouse (VVTH) District, and setting forth details in regard thereto.
Warren Campbell asked Council to table to Ordinance No. 2, Series of 2012, the March 20, 2012,
public hearing.
Town Council Meeting Minutes of March 6, 2012 Page 8
Donovan made a motion to table Ordinance No. 2, Series of 2012, to the March 20, 2012, public
hearing of the Council and the motion was seconded by Moffet. A vote was taken and the motion
passed unanimously, 7-0.
Zemler requested a ten minute break be taken as there were many people who wanted to participate in
the next three items on the agenda that were not in attendance yet. Daly announced a ten minute
break at 6:15 p.m.
The eleventh item on the agenda was first reading of Ordinance No. 4, Series of 2012, an ordinance
authorizing the sale of a portion of the real property located at 75 South Frontage Road, Vail, Colorado,
(the "Town Hall Property") to Vail MOB, LLC, for the purchase price of $5 million, and setting forth
details in regard thereto.
George Ruther, Community Development Director, said the first reading of this ordinance authorizes
the Town of Vail (TOV) to enter into the agreement to sell and the Vail MOB, LLC to purchase a portion
of the town municipal site. The TOV, in cooperation with the Vail Valley Medical Center (VVMC) and
the Steadman Clinic (SC), wished to redevelop and sell a portion of the town's property located at 75
South Frontage Road. To do so, the TOV, VVMC and SC signed a memorandum of understanding
(MOU), which in part, acknowledges the sale of a portion of town property, approximately one-half acre
in size, and transfer that property to VVMC and SC for a proposed purchase price of $5 million. The
purchase price was established based upon a "value of use" appraisal completed for the property. The
appraisal was done in August, 2011. One thing unique is this is based on proposed uses on the site
not based on highest and best use appraisal. Pursuant to the terms of the purchase and sale
agreement, the title to the property shall not transfer until such time as a building permit for the new
medical office building is ready for issuance and a construction loan guaranteeing the construction and
a completion bond guaranteeing the completion of the building is secured and ready for funding.
He said the ordinance has a condition in it that states the staff will continue to work with the VVMC and
SC to consider a resolution to authorize the town manager to enter into the agreement. He said the
MOU was signed by all parties on January 17, 2012, and it is time to move forward into the design and
development phase of the project.
Daly said there were two things that were a concern from the town's perspective. Council is positive
about the town entering into this transaction for two purposes: the first is to insure that the VVMC, the
SC and the Steadman-Philippon Research Institute continue to operate within the Town of Vail for
many years to come. The economic drivers indicate that the number two business is the medical,
health and wellness business. The second purpose is to have the VVMC in our community instead of
moving down valley. The VVMC, SC and the town have come up with a plan to house the SC, Howard
Head and the Stead man-Philippon Institute in the medical office building. This project will insure these
economic drivers continue to be part of our community for a long time to come.
Moffet said this ordinance needs two readings and a resolution to move forward. Ruther said the
second reading is tentatively scheduled for March 20, and the resolution will be after the second
reading. The resolution will be in front of Council within sixty days or maybe simultaneously with
second reading. This will depend on the parties coming to terms on the purchase and sale agreement.
Donovan asked about the decision regarding selling the land versus leasing the land. Ruther said there
is a frequently asked questions memorandum (FAQ) packet on the town's website and at the back of
the room with most of the questions asked by the community and Council. This FAQ addresses this
Town Council Meeting Minutes of March 6, 2012 Page 9
question. He said the town's goal for financial success of this project was based on selling the property
versus leasing the property. The goal was to see a successful project.
Daly said the town will not have any interest in the medical office building and no interest in their debt.
The new town hall will be built from the town's current reserves and the town is not anticipating
incurring any new debt.
Matt Mire, Town Attorney, said the purchase and sale agreement itself will contemplate conditions that
need to be met prior to the closing, which is currently scheduled by March of 2013. Title to a portion of
the property will not be conveyed until March of 2013.
Lyon Steadman, Chief Executive Office of the Steadman Clinic, thanked the Council for their
participation, hard work and interest in working with the hospital group. He said they are totally
committed to this project and it will make a big difference to their future and allow them to grow. The
need to continue the growth they have had to this point. They will have to spend $11 million before a
shovel will go into the ground. They are solidly behind this project.
Rogers made a motion to approve first reading of Ordinance No. 4, Series of 2012, and the motion was
seconded by Moffet and Kurz.
Rob Levine, General Manager with Antlers and a member of the Vail Economic Advisory Council
(VEAC), said the VEAC is unanimously in favor of this project. He said it is personally gratifying and
exciting that the Council has embraced a new idea to insure our future economic success.
Daly said several letters and emails from the public, including one from Stephen Connolly, will be
added to the final agenda packet to be part of the record.
A vote was taken and the motion passed unanimously, 7-0.
The twelfth item on the agenda was a presentation of the Town of Vail Municipal Office Design and
Construction Document Project Selection Committee's recommendation for the award of a design and
construction document contract.
George Ruther said included in the packet was a recommendation from the selection committee for
design and construction documents. On February 1, 2012, the Town of Vail released a request for
proposals for professional design services in an open process to solicit responses for design and
construction document preparation services. On February 17, 2012, Town of Vail received nine
responses to the request for proposals for the Town of Vail. Following a detailed review and analysis of
the responses, three design teams were selected to move forward and participate in an on -site
interview process. On February 23, 2012, the selection committee held on -site interviews. Three
design teams were interviewed and evaluated based upon the following criteria: extensive design
experience with similar municipal office facilities; demonstrated ability to perform in the town's
entitlement process; ability to advance sustainable design and energy efficiency strategies; completion
of similar projects with similar challenges, solutions and coordination; availability to complete the project
on budget and on time; a proven track record of collaboration with multiple stakeholders and teams; a
competitive fee for the project; and local preference provided the team is qualified and competitive.
He said this was a competitive process and Oz had experience working on similar projects and
complexity. The team assembled, the team finishing on time and coming forth with a sustainable
Town Council Meeting Minutes of March 6, 2012 Page 10
project were considerations as well. The design selection committee also took into account, from a
programming standpoint, doing similar municipal projects.
Ruther said the selection committee is requesting the Council authorize the Town Manager to negotiate
and enter into a professional services contract with OZ Architecture, in a form approved by the Town
Attorney, to design and prepare the construction documents for the new municipal offices of the Town
of Vail, located at 75 South Frontage Road, pursuant to the scope of services outlined in the Request
for Proposals, dated February 1, 2012, and as maybe amended to reflect the recommendation(s) of the
selection committee. The selection committee recommends the Council award the municipal site
design and construction document project to the team lead by OZ Architecture.
Rogers asked if Zehren and Associates is going to be the architect for the medical office building
(MOB). Ruther said Zehren and Associates didn't submit a proposal for the municipal building as the
time commitment and availability was not something they could do. Rogers asked who was going to
design the parking structure. Ruther said the medical office building architect will design it through
communication and coordination with the town's architect. Ruther said assuming the Council approved
an architect, there will be a meeting this Thursday with team members from the MOB and the town to
discuss next steps and how to move forward. One of the requirements of the PEC submittal process is
that this project will go through as one project application, even though it has two separate owners,
buildings and architects.
Mark Donaldson, a principal of Victor Mark Donaldson Architects, stated his firm was one of the three
short-listed architects. He said he wanted to take the opportunity to speak to the Council and let them
know they are local and have over 35 years of experience with commercial projects. He stated he put
together a very talented team. He listed many of his firm's experience with commercial projects in the
valley including, the Avon Municipal Building, the Vista Bahn Building, The Vail Daily, etc. He
requested Council consider using his team for this project as they are local, have local subcontractors,
are uniquely qualified and the fees are very competitive. His observation of the process is to consider
the local opportunities. Zehren and Associates was selected to work on the MOB and his firm has
several years of work connections with Zehren and Associates. He went into detail on how they could
accomplish various aspects of the municipal building. He said if they award this project to a firm that is
out of town, the costs would be more expensive.
Eduardo Ilianes, with Oz Architecture, said thanks for giving them the opportunity to present the vision
and goals of the town for the municipal building. He said when you are looking at substructures, there
are additional fees to consider plus the time to coordinate all the different systems that are connected to
a building like this. They need to consider the community needs and need to make the building last for
at least four decades. They have participated in designing other municipal buildings and know how they
function. He said they also need to work with the MOB and make them work together. He said the
mitigation of risk is also to be focused on and considered. They also need to know how to deal with
moving people out of the current building and into the new building. It needs to be seamless. Working
with the energy codes, and being sustainable, is also a consideration, as well as looking at managing
the budget and schedule.
Moffet made a motion to authorize the Town Manager to negotiate and enter into a professional
services contract with OZ Architecture, in a form approved by the Town Attorney, to design and prepare
the construction documents for the new municipal offices of the Town of Vail, located at 75 South
Frontage Road, pursuant to the scope of services outlined in the Request for Proposals, dated
Town Council Meeting Minutes of March 6, 2012 Page 11
February 1, 2012, and as maybe amended to reflect the recommendations of the selection committee.
The motion was seconded by Donovan.
Moffet said he has been vocal about local preferences but he defined local as being from the Town of
Vail. Rogers said she feels the same way as Moffet about hiring local people when they can.
However, when hiring local, she thinks local is within Eagle County. Rogers asked why they aren't the
least expensive and why was Oz chosen versus Victor Mark Donaldson Architects.
Ruther said this wasn't a competitive process based solely on fees. The selection committee chose
who they considered was the most qualified and familiar with the complexity of the project, as well as
other factors and not because of the cost alone. He said this was a unanimous recommendation by the
selection committee.
Kurz said there were three very capable teams interviewed. He believes all three were qualified. They
all spoke with compassion and conviction about the project. He said, speaking as one member of the
committee, in general, the committee felt Oz understood the complexities including the moves that
needed to be made, better than the other teams. Beyond that, Oz was the only group that offered a
potential reduction of square footage, which caught the attention of the selection committee.
Tjossem said she also prefers to hire Vail Valley based businesses for the first crack at all town
business. She said it's very difficult to second guess the selection committee as they spent over six
hours interviewing and deliberating. She preferred the selection committee award this project to a local
firm. She stated she was ready to vote against this recommendation but after listening to the some of
the committee members, they have swayed her to vote this recommendation, as this is in the best
interest of the town.
A vote was taken and the motion passed, 6-1, with Rogers opposed.
The thirteenth item on the agenda was the presentation of the Town of Vail Municipal Office Project
Management Selection Committee's recommendation for the award of a project management contract
for the construction of the municipal building.
George Ruther, Community Development Director, said on February 15, 2012, the Town of Vail
released a request for proposals for professional project management services in an open process to
solicit responses. On February 24, 2012, the Town of Vail received eleven responses to the request for
proposals. Following a detailed review and analysis of the responses, five project management teams
were selected to move forward and participate in an on -site interview process. On February 28, 2012,
the selection committee held on -site interviews. Five project management teams were interviewed and
evaluated based upon the following criteria: extensive project management experience with similar
municipal office facilities; demonstrated ability to perform in the town's entitlement process; ability to
achieve the goals/milestones identified for the project; understanding of the project and what is required
to get the job done; completion of similar projects with similar challenges, solutions, and coordination;
staff availability to complete the project on budget and on time; ability to develop and maintain
professional relationships through effective communication; a proven track record of collaboration with
multiple stakeholders and teams; a competitive professional fee based upon the scope and quality of
the work required; demonstrated ability to make progress on multiple tasks in a dynamic and ever -
changing process; and local preference was again considered, provided the teams were qualified and
competitive.
Town Council Meeting Minutes of March 6, 2012 Page 12
Ruther stated the selection committee unanimously recommended the Council award the professional
services contract for project management to CP Vail. John Bills, Managing Principal, will be
responsible for the project from an overall standpoint. Chris Penney, Senior Project Manager, will be
responsible for the preconstruction process and the lead during construction. Bryan Carruthers,
Managing Principal, will be responsible for quality control to ensure the project is exceeding the town's
and community's expectations.
Ruther said the selection committee consisted of Andy Daly, Mayor; Ludwig Kurz, Mayor Pro-tem; Stan
Zemler, Town Manager; and himself. He said one of the major factors for recommending CP Vail was
experience with them on the West Vail Fire Station. He stated he contacted all the references supplied
by CP Vail and received very good references from all of them.
Rogers asked if this was a unanimous recommendation from the selection committee. Ruther said yes.
Daly said they received proposals from eleven firms and the committee chose to interview five firms.
He said looking at the cost and familiarity, the feedback from references and looking at inclusiveness of
fees, it was a unanimous approval for value and being able to bring the project in on time.
Kurz acknowledged all the work that Ruther did to get this process together. He said this was a
unanimous decision by the selection committee. He had a conflict in his mind with regard to using a
local company to do the job. However, one of the important pieces is to have a firewall that exists
between the WMC and the town. He said with CP Vail that firewall would exist.
Moffet said he is comfortable with the recommendation. He said the selection committee put in the
work and the local firm was more expensive and provided less hours to the project.
Steve Virostek, with Triumph Development, said they were part of the process. He said the process
was fair and there was a diligent review. He looks forward to working with CP Vail. He said the
selection committee made a good choice.
Moffet made a motion authorize the Town Manager to negotiate and enter into a professional services
contract with CP Vail, in a form approved by the Town Attorney, to provide project management for the
development of new municipal offices for the Town of Vail, located at 75 South Frontage Road,
pursuant to the scope of services outlined in the Request for Proposals, dated February 15, 2012
reflecting the recommendation of the Selection Committee. The motion was seconded by Foley. A
vote was taken and the motion passed unanimously, 7-0.
Daly thanked all those who participated in both the design and project management process for this
project. Zemler seconded the acknowledgment by Kurz of Ruther's work in getting the project design
and management process done to date.
The fourteenth item on the agenda was second reading of Ordinance No. 1, Series of 2012, an
ordinance approving a zone district boundary amendment, pursuant to Section 12-3-7, amendment,
Vail Town Code, for a rezoning from Ski Base Recreation District to Ski Base Recreation 2 District,
located at 598 Vail Valley Drive/part of Tract B, Vail Village Filing 7, and setting forth details in regard
thereto.
Town Council Meeting Minutes of March 6, 2012 Page 13
Donovan recused herself from this item. She stated, as she did at the last meeting, that she has no
financial or other conflict of interest; however, she is very involved with the Ski and Snowboard Club of
Vail (SSCV) organization and didn't think she could hear this item without bias.
Daly said there will be a work session in the near future to discuss the traffic issues and update
governing documents and efforts to mitigate the traffic congestion. Based on the tremendous amount
of feedback on this item, there will be an evening meeting to address this item. During the first Council
evening meeting in April, the Council will have additional public comment to begin developing a
framework to address traffic on Vail Valley Drive. He said that is a separate issue from the current
zoning application being heard from SSCV. If there is a zoning change for SSCV, there will have to be
a comprehensive and detailed development plan which will include mitigation of their impacts. Daly
said solving the traffic issues will involve several partners: Vail Resorts, SSCV, the town and several of
the properties in that area that are part of that community area. The town has taken to heart the
community's comments to address this issue through a collaborative process prior to next ski season.
Rachel Dimond, Planner, stated this is second reading of Ordinance No. 1, series of 2012. She said on
February 21, 2012, the Council approved Ordinance No. 1, Series of 2012, upon first reading, (5-0-1,
Donovan recused), based on the review of the criteria and compliance with the findings outlined in the
January 30, 2012, memorandum to the PEC and the evidence and testimony presented. Since the
packet was issued there were additional emails sent to Council that will be added to the packet for the
record.
Kurz said the direction given to the applicant at the last meeting was to do some outreach to the
neighbors. He wanted to know what outreach or contact had been done since the last meeting. Tom
Braun, of Braun and Associates, representing the applicant, said they talked to a couple of the
neighbors and reinforced the message sent to Council and said they are looking forward to working
with them to be a part of the solution. He had no formal presentation but was there to answer any
questions the Council may have.
Daly asked why the rezoning application didn't come with a development plan. Braun said the rezoning
doesn't require a development plan as that is the process per the town code. He said a development
plan is costly. However once the rezoning is done and gets to that stage, they could supply a
development plan. If they tried to do one now, the SSCV could spend thousands of dollars without
knowing the code regulations. The applicant needs to know what underlying zoning is in place so they
can move forward.
Jim Lamont, Vail Homeowners Association (VHA), said he sent the Council a formal reply via email
from the VHA asking Vail Resorts and the town to provide overflow accommodation on this site. He
wanted the Council to deal with the traffic issues prior to second reading. He wants neighborhood
meetings set up and solutions incorporating traffic solutions off -site as well as on- site prior to approving
the second reading of the ordinance.
Daly stated for the record, that this letter is part of the permanent agenda packet.
Glenn Davis, President of SSCV, said the SSCV doesn't have the funds to do a development plan. He
said a development plan would be cost prohibitive at this time. He said the rezoning needs to be in
place to develop a framework. Then they could get a development plan in place when they have funds
to move forward.
Town Council Meeting Minutes of March 6, 2012 Page 14
Moffet and Daly each stated they had children involved with SSCV over the past years.
Moffet made a motion to approve second reading of Ordinance No. 1, Series of 2012, subject to the
findings in the memorandum and the motion was seconded by Kurz.
Tjossem said she will be voting in favor of this ordinance. She said by approving this rezoning this will
start the dialogue for the project. She stated there will be a development plan in the future. She said
the town's planning process has served this community very well.
Daly said this is just the beginning of a comprehensive process. Council is also concerned about the
traffic. This will help move that process forward in discussing existing conditions. This will provide all
stakeholders opportunity to comment on that issue and process. The Council is committed to making
this a fair and comprehensive process, meaningful, effective and providing relief. He invited the
stakeholders and community to continue to plan on attending and participating in this important
process.
A vote was taken and the motion passed, 6-0-1, with Donovan abstaining.
The fifteenth item on the agenda was a discussion of the Ford Park Improvement Program.
Todd Oppenheimer, the town's landscape architect, requested Council provide staff with specific
direction relative to the Ford Park Improvement Program to be included in the Updated Ford Park
Management Plan.
Zemler reminded Council the process has evolved. He said the conference center funds ballot
question went to the Vail voters in November of 2011 with the recommended disbursal of the $9.4
million in conference center funds. He stated the funding passed for the expansion and improvement of
the clubhouse at the Vail Golf Course and Nordic Center, including a multi -use community space; the
the field expansion and restroom renovation at the Ford Park Sports Complex; and Ford Amphitheater
improvements, including outdoor seating and restroom improvements. The goal of the Ford Park
planning effort is to efficiently utilize the funds approved by the voters to develop the intended projects
at Ford Park. There is $2.4 million in the town budget already, separate from the conference center
funds for the grand entry and improvements to the pedestrian path and the gardens. He said out the
$2.4 million in the budget, $600,000 was allocated for the grand entry and the gardens and $1.8 million
is allocated for the needed improvements of the pedestrian, bike and loading and delivery vehicle
circulation in Ford Park.
Zemler stated out of the $9.4 million from the conference center funds, $3.8 million is allocated for the
Vail Golf Course Clubhouse expansion/renovation; $3.5 million for the Ford Park field improvements
renovation and $2.1 for the Ford Amphitheater.
Oppenheimer said some projects that are not currently budgeted fit within a larger vision for Ford Park.
Initiated by the Vail Valley Foundation (VVF), these projects enhance the overall user experience of
arriving at and being within the park. Acknowledging that the larger vision for the park includes park
elements that are not immediately funded, along with the public sentiment toward protecting the park
and the long term goals of the organizations which operate within the park, it is necessary to evaluate
the proposals and update the current Ford Park Management Plan document. Keeping in mind the
goal of efficient utilization of available funds, the approval process for the Ford Park projects has been
outlined in two steps.
Town Council Meeting Minutes of March 6, 2012 Page 15
Tom Braun, with Braun and Associates, reviewed the improvements for Ford Park in the attached
power point presentation to Council. He said the guiding document for the park is the 1997 Ford Park
Management Plan. He said many ideas and improvements that are already in the management plan
are being contemplated, as well as adding some new ones.
Oppenheimer discussed the improvements related to the Ford Park Management Plan, what is already
included and what improvements are tentatively suggested to be added. He said different plans for the
park included the realignment of the athletic fields to allow for three full-size softball fields, two full-size
soccer fields or lacrosse fields and any number of smaller fields. He discussed perimeter fencing,
backstop areas, moving the concession area, restrooms, retaining walls, netting usage, space for a
tournament director's area, an umpire's closet, a possible covered outdoor seating area for 50 people
and bus area. He said he talked to The Wren manager about all the Ford Park athletic field
improvements. They still need to address noise and sound conflicts between the fields and the
amphitheater. He said there was a lack of support of the television monitors in the amphitheater.
Improving the stream walk is included but there is no funding for this currently. He also discussed
having a thirteen foot wide platform, even grade and pull outs where pedestrians can move out of a
vehicle's way if there are vehicles down in the lower bench of the park.
He reviewed the Alpine Garden Welcome Center concept which would be approximately 1,500 to 2,100
square feet, hold the garden offices, be open year around, be a multi -purpose space on two levels that
could be located near the existing school house. This concept is being included in the planning
process, but it is unfunded. It could be included in the management plan but not in the development
plan.
Oppenheimer said staff will do more research on the garden welcome center and building with pros and
cons, with an independent building and/or combined buildings. Staff will keep this in as a placeholder,
but if it moves forward, it will be more detailed. Donovan said she is not in support of any new buildings
in Ford Park.
Oppenheimer asked Council for support of items to be added to the Ford Park development plan. He
presented each question from the memorandum and asked if the Council was in favor of each item.
Question one was, "Is the Council supportive of the items listed to be included in the Development Plan
application?" Included under this question were the realignment of the athletic fields including:
replacement of the athletic field restrooms and concession building, and construction of a new
maintenance/storage building with restrooms. Improvements to the Ford Amphitheater including:
construction of a new social courtyard, enhancements to the existing restrooms, improved lawn seating.
Also, improvements to the park entry points and internal circulation pathways including: Betty Ford
Alpine Gardens entry, modifications and improvements to the bus drop-off, passenger vehicle drop-off
and parking lot enhancements, improvements to the existing stream walk, improvements to the eastern
portion of Betty Ford Way between the east parking lot and the amphitheater loading dock to allow
access by semi's and delivery trucks. The park modifications above work within the context of the
existing Ford Park Management Plan and would be included in the Development Plan application to the
PEC.
Zemler said this list reflects some of the modifications that had evolved over the last few weeks.
Town Council Meeting Minutes of March 6, 2012 Page 16
Rogers asked if the "spine" is still in the plan. Oppenheimer said yes, but they have backed off on how
important the space is to the overall park. He said the park is organized so that the athletic field is on
the upper bench and the gardens and amphitheater are on the lower bench.
Donovan asked which version of the social court yard is being referenced. Oppenheimer stated the
Council shouldn't get bogged down on the details as they will have to take the application to the PEC
first and get placements on the management plan. Braun said there will be a description to attach to
each element.
Council stated they are in favor of all the bullet points in question one.
Question two of the memorandum was, "Is the Council supportive of the above being included in the
Development Plan application?" It has been suggested to include the following park improvements in
the development application including these that will require amending the existing management plan:
A covered area over the amphitheater social plaza; a Welcome Center for the Betty Ford Alpine
Gardens that includes offices and an education center; a tribute to the Ford family as an iconic feature
in the park; an expansion of the existing AIPP temporary art program to areas throughout the park; and
the expansion of the existing restroom/concessions facility.
The tribute to the Ford family is an undefined concept and would be a landscape feature and not a
building. It would be a monument and is currently not funded and will have a placeholder in the
management plan. Council agreed to have a placeholder for the Ford tribute concept.
He said there was a concept to expand the existing AIPP art program to temporary places in the park.
There could be an AIPP sculpture in the gardens or other appropriate places in Ford Park. He said the
flat, lower bench of Ford Park would be off limits to the temporary art placements. Council suggested it
be called a summer art program instead of a temporary art program.
The current sports field restrooms and concession building would need to be moved and replaced. The
new building would include space for the sports directors, covered seating area, and larger concession
area. Council was okay with adding a placeholder for this building.
Question three was: "Is the Council supportive of including the additional ideas attached in the Updated
Ford Park Management Plan and subsequent Development Plan application?"
Oppenheimer said over the past weeks several additional ideas have surfaced that require some
Council discussion and direction. These included elimination of the proposed pavilion covered area
over amphitheater social court yard. Council was okay with this.
Donovan said additional discussion would also be needed to discuss the need for the Betty Ford Alpine
Gardens to have a classroom and requested building.
Council agreed there should be the implementation of an internal park shuttle system to ferry people
between the upper and lower benches. Oppenheimer said he is still looking into this idea. Daly asked
who would run this service, what the potential costs would be and what type of vehicles would be used.
He said golf carts would probably not be the right vehicle to move lots of people in this area.
Oppenheimer said two electric vehicles cost approximately $40,000 to $50,000 and have operating
costs of approximately $50,000 for around 1,760 hours to operate. Further discussion ensued.
Town Council Meeting Minutes of March 6, 2012 Page 17
Council agreed to keep it in the plan for now but said there was no commitment to funding at this time.
There was also a concept to include an extension of the stream walk near the south side of Manor Vail
and an addition of an aquatic center to the Updated Ford Park Management Plan for future possibilities.
The aquatic center was voted down in the past by voters; there is not a location in Ford Park to build an
aquatic center, would not be financially feasible and would need more parking as well as this facility
would displace current parking.
There was a no vote to the unfunded streamwalk idea and an aquatic center from Council.
Daly said another important element missing is addressing noise issues in Ford Park, traffic from 1-70
and the noise from the playing fields during concerts needs to be addressed by building berms or walls.
He said there has to be a compromise between user groups to develop a sound mitigating system.
Daly feels strongly that this needs to be in the management plan.
Oppenheimer said noise is being studied with the lawn seating redevelopment.
Tjossem asked if there is a replacement of the restrooms in the playground area. Oppenheimer said
that is an unfunded item at this point. Greg Hall, Public Works Director, said the 5 year Real Estate
Transfer Tax (RETT) budget includes this replacement.
Rogers said she heard comments at a Bravo! meeting about closing off the eastern entrance to the
amphitheater and thought it didn't make sense. She asked what the reasoning was to keep the east
gate closed.
Oppenheimer said that the changes operationally and eliminating two locations for a bag check and
ticketing were factors as well as trying to keep the focus on people having the whole experience into
the amphitheater are driving issues. Rogers said she wants to keep the east entry open unless there is
a compelling reason not to keep it open. A single point of entry was a concern for Council.
Zemler said Braun and Zehren will put into graphics the results of the discussion tonight for the March
20, 2012, meeting. Daly requested three to four slides be presented at the Community Meeting on
March 13.
The sixteenth item on the agenda was adjournment.
As there was no further business, Moffet made a motion to adjourn and the motion was seconded by
Foley. A vote was taken and the motion passed unanimously, 7-0. The meeting adjourned at 8:50
p.m
Attest:
�fel i Donaldson, Town Clerk
Town Council Meeting Minutes of March 6,
Respectf Su itted,
ar
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