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.
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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.
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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.