Loading...
HomeMy WebLinkAbout1987-04-07 Support Documentation Town Council Work Session VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 7, 1987 2:00 p.m. AGENDA 1. Discussion of the Learning Tree Lease Extension Request 2. Discussion of Concert Hall Plaza License Agreement 3. Discussion of Summer Construction in Vail Village 4. Discussion of Outdoor Vending and Street Activity 5. Information Update 6. Other VAIL TOWN COUNCIL WORK SESSION TUESDAY, APRIL 7, 1987 2:00 p.m. EXPANDED AGENDA 2:00 1. Discussion of the Learning Tree Lease Extension Request Action Requested of Council: Discuss the terms of extending this lease and give staff direction on final draft. Background Rationale: The Learning Tree has 3 years remaining on its present lease, but wants a new 15 year lease in order to obtain financing for the proposed extension and expansion of the building. The terms up to this point have been the use of the land for $1 per year and the building would be owned by the Town at the end of the term. The staff is now compiling information on charges for preschool and day care centers throughout the area for the Council's comparison to determine whether or not a rent free situation is appropriate from this point on or not. Staff Recommendation: The staff has no recommendation but will be presenting additional research information to the Council at the meeting. 2:30 2. Discussion of Concert Hall Plaza License Agreement Rick Pylman Action Requested of Council: Review agreement and ask any questions you may have. Backqround Rationale: A portion of the stairs accessing the Concert Hall Plaza are located on Town of Vail property. The owners are requesting a license agreement to cover this encroachment. 2:40 3. Discussion of Summer Construction in Vail Village Peter Patten Action Requested of Council: Receive presentation and give staff input on general direction to prepare for public .meeting on 4/14. Backqround Rationale: There are several construction projects in Vail Village this summer which will disrupt businesses,'traffic patterns, emergency access and loading/delivery areas. The Plaza Lodge remodel will have the most impact due to the necessity to close upper Bridge Street for 3-4 weeks. Interdepartmental staff have arrived at a general game plan to control and route vehicles/pedestrians. Staff Recommendation: To be presented at meeting. 3:00 4. Discussion of Outdoor Vending and Street Activity Tom Braun Action Requested of Council: Provide any comments on this topic and offer any direction to the staff (as necessary). Background Rationale: Street activity is very restricted by existing ordinances. The Vail Village Plan has recommended relaxing these ordinances to allow for a limited and carefully controlled program of street vending and activity. A number of recent requests have prompted us to put this item on the agenda for discussion. Staff Recommendation: None at this time. 3:20 5. Information Update Ron Phillips 3:25 6. Other -2- TO: Town Council FROM: Community Development DATE: April 7, 1987 SUBJECT: Concert Hall Plaza A portion of the stairs accessing the Studio and the pedestrian accessway through Concert Hall Plaza are located on Town of Vail property. The owners of the Concert Hall Plaza are requesting a license agreement regarding the encroachment. The Public Works Department and the Town Attorney have reviewed the submittal information and have found it to be in order. F 0.6' SQo 9s!'' /sue ROOF OVERHANG SERVICE AREA Conc. Drive GROUND FLOOR) Wood Bench i A \ \ f, 4_4503917' N. C- R= 6700 A = 53.38 Z CB = N 2702538" W \ CH= 5/.99' OPP lp 4 15.3 Q N N ~ ifs N G1 Rock WC// , `SST o ML LICENSE AGREEMENT THIS AGREEMENT, entered into this day of 1987, by and between the Town of Vail, a Colorado Municipal Corporation (hereinafter called "Licensor") and Vail Investment Company, a Colorado limited partnership (hereinafter referred to as "Licensee"). RECITALS WHEREAS, Licensor owns the real property described in the attached Exhibit "A", located in the Town of Vail, Eagle County, Colorado, upon which Licensee had located a stairway which is also partially located on the real property owned by Licensee and described on the attached Exhibit "B". WHEREAS, Licensee desires authority to use the area of the aforementioned property upon which the stairway is located, and Licensor is agreeable to the use of such property under the terms and conditions as set forth below. NOW, THEREFORE, for and in consideration of the performing of the covenants and agreements by the parties to this Agreement, the Licensor does hereby license and permit the Licensee to use the following described property for the maintenance of the stairway as set forth in this License Agreement. SEE ATTACHED EXHIBIT "A" 1. Use of Site. The site is to be used for the maintenance of the aforementioned stairway and for no other purpose whatsoever. 2. Term. This license shall extend from the date of the execution of this License Agreement until the aforementioned stairway is removed or abandoned. 3. Condition of Site. During the term of this License Agreement, Licensee shall keep the premises licensed under this Agreement in good condition. Licensee agrees to undertake no activity which could be hazardous or detrimental to the community, and to abide by all the statutes of the State of Colorado and ordinances of the Town of Vail. 4. Release From Liability. The Licensee hereby releases and discharges the Licensor from any and all liability arising from this Agreement. 5. Indemnification. Licensee hereby agrees that it shall indemnify, defend and hold harmless Licensor and its successors and assigns from, against, and with respect to any claim, liability, obligation, loss, damage, assessment, judgment, cost or expense (including, without limitation, reasonable attorneys' fees and expenses and costs and expenses reasonably incurred in investigating, preparing or defending against any litigation or claim, action, suit, proceeding or demand, or any kind or character), of or in any manner relating or attributable to any claims of damages arising from Licensee's activities associated with this License Agreement. 6. Covenant Running With the Land This License Agreement shall be a covenant running with the land described on Exhibit "A" and shall be for the benefit of Licensee and all subsequent owners of such property. 7. Notice All notices and communications required herein shall be in writing and shall be sent by certified mail to the following addresses: Licensor: The Town of Vail P. O. Box 100 Vail, CO 81658 Licensee: Vail Investment Company 3729 Union Street P. O. Box 523 Mineral Ridge, OH 44440 Notices shall be deemed properly given when mailed by certified mail in a sealed envelope, postage prepaid, addressed to the above addresses. Any such notice or demand shall be deemed to have been given or made at the time it is deposited in the United States Post Office. Any party may change its address of record by giving written notice of the change to the other party. 8. Waiver. Failure or delay on the part of Licensee or the Licensor to exercise any right, power or privilege hereunder shall not operate as a waiver thereof. 9. Insurance. During the entire term this License Agreement is in effect, the Licensee shall keep the subject licensed premises insured, at its sole cost, against claims for personal injury and property damage under a policy of general public liability insurance with limits of at least $500,000.00 for bodily injury. The policy shall name the Licensor as an additional insured. Upon the request of Licensor, the Licensee shall deliver to the Licensor certificates certifying that such insurance is in effect. 10. Default. In the event the Licensee is in default of any provision or covenant of this License Agreement and such default is not cured by Licensee within ten (10) days after written notice to the Licensee by the Licensor of such default, or if such default cannot be cured within such ten (10) day- period and Licensee has not commenced work to remove such default within the ten (10) day-period, then this License Agreement shall 2. i terminated at the election of Licensor. 11. Prior Negotiations. This License Agreement constitutes the entire agreement of the parties hereto and shall supercede all prior offers, negotiations and agreements. 12. Amendments. No revision of this License Agreement shall be valid unless made in writing and signed by an authorized officer of Licensor and by Licensee. 13. Applicable Law. This License Agreement is entered into at Vail, Eagle County, Colorado, and it is agreed that the proper jurisdictions and venue of any action pertaining to the interpretation of enforcement of this License Agreement shall be in the County of District Court of Eagle County, Colorado. This License Agreement shall be interpreted under the laws of the State of Colorado. 14. Binding Agreement. It is understood and agreed that this Agreement shall be binding upon the assigns and successors in interest of the parties hereto. IN WITNESS WHEREOF, the parties hereto have set the hand of their respective authorized officers. "Licensor" THE TOWN OF VAIL, A Colorado Municipal Corporation By: Paul Johnson, Mayor Attest: Pamela Brandmeyer Town Clerk "Licensee" VAIL INVESTMENT COMPANY, a Colorado limited partnership By: POST & SOLOMON OF COLORADO,INC Its General aJrrtner By: NIa tin Solomon, President 3. r' STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 1987, by Paul Johnston, as Mayor of the Town of Vail, and Pamela Brandmeyer, as Town Clerk of the Town of Vail, a Colorado Municipal corporation. Witness my hand and official seal. My commission expires: Notary Public Address STATE OF ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ~a day of 1987, by Martin Solomon known to me as President of Post & Solomon of Colorado, Inc. the general partner of Vail Investment Company, a Colorado limited partnership, that same is his free act and deed and as such officer. Witness my hand and official seal. My commission expires: Notary Pur Add ss 4. OMBIT A LEGAL DESCRIPTION: Portion of West Lionshead Circle A portion of West Lionshead Circle adjacent to Concert Hall Plaza Condominiums, Vail Lionshead Fourth Filing, Town of Vail; Eagle County, Colorado, and being more particularly described as follows: Commencing at the Northwest corner of the Plat of said Concert Hall Plaza Condominiums; thence along the Easterly right-of-way line of said West Lionshead Circle S 50°15'17" E 22.81 feet; thence continuing along said right-of-way line 13.00 feet along the arc of a curve to the right having a central angle of 11°07'02" and a radius of 67.00 feet, the chord of which bears S 44°41'46" E 12.98 feet to the Point of Beginning; thence continuing along said right-of-way line 34.39 feet along the arc of a curve to the right having a central angle of 29°24'24" and a radius of 67.00 feet, the chord of which bears S 24°26'03" E 34.01 feet; thence N 36°17'48" W 32.94 feet; thence N 50°51'45" E 7.00 feet to the Point of Beginning, containing 0.004 acres (165 square feet) more or less. TO: Ron Phillips FROM: Community Development Department DATE: April 1, 1987 SUBJECT: Discussion of Outdoor Vending There has been ongoing discussion concerning outdoor vending in Vail for a number of years. While existing regulations prohibit this activity (with the exception of special events such as the Coors Classic and World Cup), there appears to be growing support for relaxing these regulations to allow for limited amounts of street activity. The Vail Village Master Plan has proposed a policy statement in support of allowing for a controlled program of outdoor vending and street activity to enhance street life in the core area of Vail Village. The staff has recently received a number of inquiries from people requesting permission to conduct retail, arts, or entertainment related activities in public spaces of Vail Village. In response to these inquiries, staff felt that it may be beneficial to hold a work session with the Council to discuss existing regulations as they relate to proposals we have had presented to us. Given a more thorough understanding of the issues involved, staff would hope for some definitive direction from the Council concerning this issue. EXISTING ORDINANCES REGULATING OUTDOOR VENDING AND STREET ACTIVITY Two separate ordinances address outdoor vending and street activity within the Town of Vail. These include the following: 1. Zoning Regulations. In both Commercial Core I and II, the zoning prohibits retail activity from taking place outdoors. This is accomplished by requiring all uses to take place "within a structure." Two exceptions to this rule are outdoor dining decks and the display of clothing racks, etc. on private property provided they do not impede pedestrian circulation. 2. Transient Dealers Ordinance. This ordinance prohibits solicitors, peddlers, hawkers, itinerant merchants and transient vendors from going in or upon private property without permission. This ordinance also prohibits any of the above mentioned activities from taking place on any public street or right-of-way within the Town. Exceptions to this regulation would include taxi cab or pedi-cab services where permitted through other provisions within the Town code. These two ordinances effectively prohibit any outdoor retail or other activity from taking place within the Town. In addition to those noted, exceptions to these regulations can also be granted for special events such as the Arts Festival, the Coors Classic, or the Ski Classic. TYPES OF ACTIVITIES THAT HAVE BEEN PROPOSED There have been a wide variety of requests made to our department that would fall into the heading of outdoor vending. Examples of these include outdoor food carts (hot dogs, ice cream, crepes, and any other edible item you care to mention), retail merchandise such as Vail souvenirs, art, and other goods and wares. The latest inquiries we have had involved artisans who would do portraits of people on the street while they wait. This brief list is simply to provide the Council with an idea as to the wide variety of activities that may be requested if the above referenced ordinances are amended. ISSUES RELATED TO DEVELOPING AN OUTDOOR VENDING PROGRAM A number of issues must be addressed if the Council is to consider permitting any type of outdoor activity in Vail. Among these include the following: 1. What types of activity are desirable on the streets of Vail? 2. How many vendors or artisans are desirable? 3. Location is a key factor both for the vendor as well as for the Town. Public versus private property is also a consideration. 4. How does the Town ensure that the vending activity is of the desired quality compatible with other standards we have established? 5. One of the more delicate issues would involve developing a selection process for who is awarded contracts to vend within the Town. 6. The biggest issue, and probably the most often discussed, is that of competition between outdoor vendors and local merchants. Is is appropriate for the Town to allow retail activity on the streets (with a fairly low capital investment by the vendor) when established retailers are burdened with the high costs of overhead and operating expenses? While the staff is generally supportive of the concept of allowing street vending and activity, this list of issues should demonstrate that any relaxation of existing ordinances should not be done without a great deal of forethought. While we have no formal recommendation at this time, the staff wanted the Council to be aware of the complexity of this issue.