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HomeMy WebLinkAbout2009-09-01 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL EVENING SESSION AGENDA - - VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., SEPTEMBER 1, 2009 NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. 1. ITEM/TOPIC: Citizen Participation. (15 min.) PRESENTER(S): Public 2. ITEM/TOPIC: Consent Agenda. a. Approval of 08.04.09 & 08.18.09 Town Council Minutes. (5 min.) 3. ITEM/TOPIC: Town Manager's Report. a. Revenue Update. (15 min.) PRESENTER(S): Stan Zemler 4• ITEM/TOPIC: Vail Village Loading and Delivery Update and Review of Pilot Programs. (45 min.) PRESENTER(S): Steve Wright / George Ruther /Greg Hall / Suzanne Silverthorn ACTION REQUESTED OF COUNCIL: Review the recommendations regarding loading and delivery policies in Vail Village and approve or modify as needed. BACKGROUND: On June 19, 2007, staff received direction to develop an operational plan for the successful use of a dispersed loading and delivery network in Vail Village. A 17-member working group was formed during the summer of 2007 with representation from the business community, residential neighborhood, vendors and the Town Council. The group met numerous times throughout 2007 and 2008 to develop recommendations for a pilot operational plan to address the opening of the underground Mountain Plaza facility (12 shared bays) and the Vail Plaza Hotel facility (5 shared bays) during the 2008-09 ski season. This review by the Town Council follows a series of incremental actions: . November 18, 2008: Pilot Program for Village Core loading and delivery policies approved for implementation on January 9, 2009, and review on March 17, 2009. 9/ 1 /2009 . March 17, 2009: Village Core pilot program reviewed to include modifications for designated courier access and limited on-street delivery pilot program for East Meadow Drive to be reviewed on July 7, 2009. . July 7, 2009: Pilot programs modified for review on September 1, 2009, as follows: . Village Core Program. o Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily. o On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. on Gore Creek Drive. o Designated courier areas for Fed Ex, UPS, USPS, etc. Determine optimal location on Gore Creek Drive (either north side, east end of Gorsuch Building as currently in use) or move to south side of street. Hours are 6 a.m. to 6 p.m. o Remove Mill Creek Court Building loading zone on Gore Creek Drive. Improve ADA parking visibility (signage and paint) in front of Mill Creek Court Building and expand spaces if possible. o Explore restricting westbound traffic on Gore Creek Drive for better optimization of Checkpoint Charlie. o Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking. o All loading and delivery policies will be strictly enforced. . East Meadow Drive Pilot Program. o On-street loading and delivery on the street's north side from Vail Boot and Shoe west to Alpenrose from 5 a.m. to 8 a.m. o Policies will be strictly enforced. o Staff will work to facilitate cooperative agreements with affected parties and property in the Vail Village Inn Special Development District (SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift that will accommodate the transport of deliveries from the loading dock at Vail Plaza Hotel to businesses on East Meadow Drive. STAFF RECOMMENDATION: Staff requests consideration of the following recommendations: . Retain current loading and delivery policies for Village Core and East Meadow Drive through the remainder of 2009 and into mid-2010 with interim modifications as needed. Likely modifications would result upon completion of interior options identified for Vail Village Inn Special Development District, #6. Also, continue to monitor impacts associated with removal of loading zone in front of Mill Creek Court Building and recommend adjustments, if needed. . Direct staff to evaluate opportunities for future incremental adjustments in the Vail Village loading and delivery policies upon completion of Solaris in July 2010. The four shared bays at Solaris will complete the Village core public improvements for dispersed loading and delivery which will include a total of 21 public bays (located at Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public improvements invested by the developers, and ongoing contractual cost-share investments by the town for operation of the Mountain 9/ 1 /2009 Plaza facility. 5. ITEM/TOPIC: Motion to approve the Town of Vail's contribution ($3,000) to a settlement agreement concerning case number 09-CV-142, Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al. The total amount of the settlement amongst all named defendants is $15,000. The other defendants in the case include the Town of Rifle Police Department, Garfield County Sheriff's Department and the Town of Silt Police Department. (15 min.) PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Move to approve the Town of Vail's contribution ($3,000) to a settlement agreement concerning number 09-CV- 142, Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al. STAFF RECOMMENDATION: N/A 6. ITEM/TOPIC: Option to redevelop the LionsHead Parking Structure. (15 min.) PRESENTER(S): Stan Zemler / Matt Mire ACTION REQUESTED OF COUNCIL: Authorize and direct the Town of Manager to send a letter to Open Hospitality Partners ("OHP") (a draft letter is in your packets for consideration) on behalf of the Town of Vail (the "Town") declining the counteroffer from OHP dated July 28, 2009, and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. BACKGROUND: On July 15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP acknowledging that the Developer Improvement Ageement, dated October 16, 2007, between the Town and OHP pertaining to a proposed redevelopment on the LionsHead Parking Structure (the "Property") had expired by its own terms. The letter went on to offer OHP an option to redevelop the Property pursuant to certain terms and conditions of a Development Option Agreement (the "Option Agreement") which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded to the Town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. On August 18, 2009 the Town Council tabled this item to this meeting. (See Attached) STAFF RECOMMENDATION: N/A 7' ITEM/TOPIC: Resolution No. 22, Series 2009 for the Transportation Master Plan Amendment for West Vail Fire Station access. (15 min.) PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve Resolution 22 Series 2009, an amendment to the Vail Transportation Master Plan Access Management 9/ 1 /2009 Plan for the West Vail Fire Station access. BACKGROUND: In May of this year the town adopted the Vail Transportation Master Plan which included an Access Management Plan (AMP) that was developed jointly between the Town and Colorado Department of Transportation (CDOT). The AMP currently shows one access point for the future West Vail Fire Station. The current preferred design shows two access points, one for the general public and one for emergency vehicles. CDOT will permit this additional emergency access as long as the Town amends the AMP. In order to amend the AMP an amendment to the Master Plan must be approved by resolution. STAFF RECOMMENDATION: Approve Resolution 22 Series 2009, an amendment to the Vail Transportation Master Plan Access Management Plan for the West Vail Fire Station access. 8. ITEM/TOPIC: Adjournment. (8:05 p.m.) NOTE UPCOMING MEETING START TIMES BELOW: (ALL TIMES ARE APPROXIMATE AND SUBJECT OT CHANGE) THE NEXT VAIL TOWN COUNCIL REGULAR WORK SESSION WILL BEGIN AT TBD, TUESDAY, SEPTEMBER 15, IN THE VAIL TOWN COUNCIL CHAMBERS. 9/ 1 /2009 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Consent Agenda. a. Approval of 08.04.09 & 08.18.09 Town Council Minutes. ATTAC H M ENTS : 08.04.09 Minutes 08.18.09 Minutes 9/ 1 /2009 Vail Town Council Meeting Minutes Tuesday, August 4, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Kim Newbury Not present: Farrow Hitt Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Local contractor Russ Varley complained that he was not allowed to park in the LionsHead parking structure between the hours of 6:30 a.m. and 7:30 a.m. He then asked that van pools be allowed in the structures in the morning. The second item on agenda was the Town Manager's Report. a. Revenue Update. Budget and Financial Reporting Manager Kathleen Halloran reported that when all sales tax returns are received for the month of June, collections for the month are expected to be $711,149, down 22.5% from June, 2008. Year-to-date total sales tax collections are down 15.4% from 2008 and flat with the budget. Inflation as measured by the consumer price index was down (-1.4%) for the month of June compared to 2008. Use tax collections as of July 28, 2009 total $242,567, a 39% decrease from this time last year. Construction permit revenue through July 28 totals $469,897, down 71% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is due to both major and non-major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 62% of the total. Revenue from non- major projects is down 49% from 2008. Real Estate Transfer Tax (RETT) collections through July 28, 2009, total $1.3 million. This amount is a 75% decrease from last year due to both major and non-major redevelopment projects. Eagle County as of May, 1 9/ 1 /2009 2-1-1 2009, is down 67% in sales dollars and down 54% in the number of sales transactions. At this time last year, the town had collected over $5.1 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 84%. Collections not related to major projects year-to-date are 54% down from this time last year. Community Development Director George Ruther provided an update on a recent retreat taken with the Vail Resorts Development Company (VRDC). The proposed EverVail development was the primary subject matter. The greatest amount of discussion was centered around phasing of the project. "Each phase should be able to stand alone as an individual project... It was a productive use of time." Ruther then reported the North Day Lot employee housing development continued down the approval path. "They (VRDC) are required to have a building permit by April of 2010." Cleveland clarified a construction parking plan would be a part of the permitting process. Rogers made clear the town continued to hold a VRDC letter of credit ($17+ million) if the North Day Lot is not developed. The third item on the agenda was the Consent Agenda: a. Approval of 07.07.09 and 07.21.09 Town Council Minutes. Foley moved to approve the consent agenda without amendments with Newbury seconding. The motion passed unanimously, 6-0. The fourth item on the agenda was the Dobson Ice Arena roof replacement bid award. Town Engineer Tom Kassmel explained The Dobson Ice Arena has been in need of replacement. "This project was delayed from 2008 to 2009." The project was bid out, after the Council reviewed the third budget supplemental for 2009. The apparent low bidder is Roofmasters Roofing. The town performed reference checks on the contractor. The replacement material will be metal and has received Design Review Board approval. The town received five bids as outlined below. Roofmasters Roofing, Hays KS Base Bid -$555,000 B& M Roofing, Fredrick, CO Base Bid -$638,945 Turner Morris, Silverthorne, CO Base Bid -$678,143 Progressive Roofing, Denver, CO Base Bid -$709,245 Weathercraft, Colorado Springs, CO Base Bid -$881,108 The contract is within the budget for the project. Construction is to begin once the contract is signed. A request to instruct the Town Manger to enter into a contract with Roofmasters Roofing of Hays, KS for $555,000 in a form approved by the Town Attorney. Daly moved to instruct the Town Manger to enter into a contract with Roofmasters Roofing of Hays, KS for $555,000 in a form approved by the Town Attorney, with Rogers seconding. The motion passed unanimously, 6-0. The fifth item on the agenda was a review of LionsHead Transit Center Conceptual Scenarios. 2 9/ 1 /2009 2-1-2 An open house for the public to view the concepts took place outside of the Council Chambers prior to the Evening Session. The Town of Vail and the Vail Reinvestment Authority (VRA) are in the process of studying the feasibility of constructing a LionsHead Transit Center in response to past planning efforts including the LionsHead Master Plan. The VRA contracted with the 4240 Architecture team to complete this design study. Since the project kick-off with the public and stakeholder groups on May 20th, the design team has: • Established the givens, goals and measurable criteria of the project (6/2/09). • Outlined the current conditions, defined study areas, and tested "carrying capacity" of various study areas to accommodate program components. (6/16/09). • Completed a transit analysis determining what transit elements need to be accommodated now and in the future (7/7/09). The design team then presented ten conceptual scenarios that were based on the established givens, goals, measurable criteria, transit operations, program component needs, the LionsHead Masterplan and other past LionsHead Transit Center related study efforts, and the public, stake holder's and Council's input. The ten scenarios were categorized in incremental improvement ranges that address the short, mid, and long range transit needs. It was discussed that Vail should anticipate the need to carry more passengers throughout Vail if Eagle County Transit (ECO) is successful in implementing the desire to only make one stop in LionsHead and one stop a the Vail Village Transit Center. Passengers would then have to transfer from ECO to the Town of Vail bus system. Cleveland expressed concern that the 4240 recommendations may possibly sacrifice the guest experience. Town Engineer Tom Kassmel recommended beginning by focusing on the short term so as to perform some qualitative improvements that don't substantially impact the LionsHead parking structure. Rogers clarified the town had federal transit dollars that must begin to be used by 2010. Hall recognized the parking structures' transit related upgrades would also qualify for use of Vail Reinvestment Authority tax increment financing (TIF) dollars. Newbury questioned the value of having two large transit centers within a mile of each other. During a pause for public comment Vail Homeowner's Association representative Jim Lamont asked for more comprehensive cost estimates. 4240 representative Lou Bieker said the group had focused more on conceptual design and relative costs as opposed to detailed design and explicit costs, which would be the next step. Lamont said the proposed scenarios were not world class solutions. Bieker said putting transit on the south side of the structure created a fracture between the two Villages. Daly asked to minimize what takes place but to achieve the maximum impact and phase the implementation. Gordon asked for a fiscal analysis of the bonding capacity of the Vail Reinvestment Authority. Foley encouraged staff to return with a more detailed financial analysis. Newbury said she felt like Council was trying to fit a square peg in a round hole. Cleveland commented, "I do not want the federal money to dictate what we are going to build." Zemler said he would also return with a long term sustainability analysis. The sixth item on the agenda was the First Reading of Ordinance No. 17, Series of 2009, an Ordinance Submitting to the Registered Electors of The Town of Vail, Colorado, at a Regular Municipal Election Held on November 3, 2009 a Ballot Question to Amend Section 3.2 of the Town of Vail Charter Regarding Town Council member Terms of Office. 3 9/ 1 /2009 2-1-3 On July 21st the Town Council directed the Town Attorney to prepare a ballot question to submit to the registered electors of the Town of Vail for the November 3, 2009 regular municipal election amending Section 3.2 of the Town of Vail Home Rule Charter as it relates to terms of council members. The proposed amendment is meant to address ambiguities and conflicts previously identified regarding the town's terms and term limits provisions for council members as currently set forth in Section 3.2 of the Charter. Rogers spoke in support of establishing only four year terms. "There are only two communities in the entire state that have two year terms...the voting public does not vote because they think some people should get four years and someone should get two." During a pause for public comment, former Councilman Greg Moffet spoke in support of maintaining two year terms. "We have a better system here." Vail Homeowner's Association representative Jim Lamont said the original intent of the Town Charter was to change four seats every two years. Newbury moved to approve the ordinance on first reading with an amendment retaining the two-year term provision. The proposed amendment would also limit a council member to three consecutive terms, regardless of their length and would require a councilmember be out of office for two years after they have been term limited. Daly seconded the motion and it passed 4-2 with Rogers and Gordon opposed. The final public hearing on the ordinance is scheduled for August 1 gtn The seventh item on the agenda was Resolution No. 21, Series of 2009, A resolution approving the purchase of Gore Range Condo II Unit #2-W, with a physical address of 2189 Chamonix Lane Unit #2-W, Vail, Colorado. Community Development Director George Ruther announced that Council approved the 2009 Town of Vail Budget with $500,000 allocated to the Buy Down Program. The Buy Down Program is designed to purchase existing dwelling units within Vail and permanently establish them as employee housing units. The acquisition of Gore Range Condos # 2W is in keeping with the established goal and actions identified in the Town of Vail Employee Housing Strategic Plan. Rogers moved to approve the Resolution with Newbury seconding. The motion passed unanimously, 6-0. The eighth item on the agenda was Adjournment. Foley moved to adjourn at approximately 9:05 p.m. with Newbury seconding. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 4 9/ 1 /2009 2-1-4 5 9/ 1 /2009 2-1-5 Vail Town Council Meeting Minutes Tuesday, August 18, 2009 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Dick Cleveland. Members present: Dick Cleveland, Mayor Mark Gordon Kevin Foley Margaret Rogers Andy Daly Farrow Hitt Not present: Kim Newbury Staff Members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Input. There was none. The second item on the agenda was a Town Manager's Report. a. Stephens Park Fire Update. Fire Chief Mark Miller provided details about the Stephens Park Fire during the Aug. 18 evening Vail Town Council meeting, noting the fire stopped just 20 feet from becoming much more serious than it was. The wildfire was reported just before 4 p.m. on Aug. 7 and was contained to one acre following a quick response from 14 agencies, including a helitack unit from Rifle. Miller said the fire triggered a seamless response from multiple agencies who continuously plan and train for such events. Lessons learned from the incident will help agencies become even better prepared in the future, he said. The fire was located 1,000 feet above 13 acres of a 180 acre defensible space area created in 2007 and 2008, a little less than two miles from Eagle's Nest on Vail Mountain and 1,500 feet from homes in the Highland Meadows neighborhood. The response included the evacuation of Vail Mountain as a guest-safety precaution. The fire was fueled by grass and heavy timber with standing dead trees as well as many dead trees that had fallen, creating large amounts of fuel for the fire and difficulty in accessing the area. Chief Miller says the defensible space that surrounds the town was a component 1 9/ 1 /2009 2-2-1 in the fire's containment and he's asking residents to assist in creating defensible spaces within Vail's neighborhoods for additional protection. "All the planning that has taken place over the last several years really paid off... We knew what it was like to work together... We worked well together... The defensible space efforts have paid off... I'm proud of the guys and all of the planning that has gone on over the years." Gordon thanked staff for their commitment to the training. The third item on the agenda was an option to redevelop the LionsHead Parking Structure. Town Attorney Matt Mire asked Council to authorize and direct the Town Manager to send a letter to Open Hospitality Partners ("OHP") on behalf of the Town of Vail (the "Town") declining the counteroffer from OHP dated July 28th and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. On July 15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP acknowledging that the Developer Improvement Agreement, dated October 16, 2007, between the Town and OHP pertaining to a proposed redevelopment of the LionsHead Parking Structure (the "Property") had expired by its own terms. The letter went on to offer OHP an option to redevelop the Property pursuant to certain terms and conditions of a Development Option Agreement (the "Option Agreement") which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded via correspondence to the Town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. Masinter requested a tabling due to a death in his family and his inability to be at the meeting. Gordon moved to table the item with Hitt seconding. Rogers emphasized the issue needed closure. "It closes the door finally on all the hanging threads that we have." During a pause for public comment Kaye Ferry and Greg Moffet spoke in support of tabling the item. Cleveland said he was prepared to terminate the relationship with Masinter. "The discussion is purely our response to Mark's counter offer." Vail Homeowner's Association representative Jim Lamont commented, "I think we have gotten way to far over the past few years on this franchise business... Depriving the public of comment on this is unconscionable." The motion passed 4-2, with Rogers and Cleveland opposed. The fourth item on the agenda was the Second reading of Ordinance No. 17, Series of 2009, An ordinance submitting to the registered electors of the Town of Vail, Colorado, at a regular municipal election to be held on November 3, 2009, a ballot question to amend Section 3.2 of the Town of Vail Charter regarding Town councilmember terms of office. After attempting several approaches to address inconsistencies with the Vail Town Charter as well as certain conflicts with state election laws, the Town Council voted to deny approval of an ordinance that would have placed a measure before voters on the Nov. 3 ballot as it relates to council terms and term limit provisions. In reviewing second reading of the ordinance that would have established the ballot question, council members expressed mixed opinions as to whether the ballot should specify a term limit of three consecutive terms, where an official would serve anywhere from six to 12 years depending on election outcomes, versus two consecutive terms, where an official would serve anywhere from four to eight years. The Town Charter establishes term limits of no more than eight consecutive years. There was also discussion about the merit of retaining two-year terms for the fourth highest finisher in the election. The Town Charter currently specifies the top three finishers in Vail's municipal elections receive four-year 2 9/ 1 /2009 2-2-2 terms, while the fourth-highest finisher receives a two-year term. The intent is to provide for a turnover of the Council majority every two years. The Colorado Constitution defines terms as four years and states that elected officials may not serve more than two consecutive four-year terms in office. The discrepancy had resulted in the town's request for a legal opinion which advised that town council members who are approaching term limits would be eligible to serve four-year terms if re-elected. Cleveland said he was uncomfortable with allowing three four year terms. Rogers spoke in support of two four year terms. "I don't believe we should have anyone serving twelve years up here." Daly said the status quo all ows the public to "throw the scoundrels out, if they've been scoundrels." During a pause for public comment, Greg Moffet spoke in support of the status quo. Mire said to make the issue more complicated would not serve a purpose. Kaye Ferry asked why Council members could not be limited to serving eight years. Vail Homeowner's Association representative Jim Lamont spoke in support of everyone being treated equally by being able to serve eight years. "The community appreciates a cleansing process with its elected officials." Rogers moved to disapprove the ordinance with Gordon seconding. The motion passed 4-2 with Gordon and Rogers voting against. The fifth item on the agenda was Adjournment. Hitt moved to adjourn with Foley seconding at 6:59 p.m. The motion passed unanimously, 6-0. Dick Cleveland, Mayor ATTEST: Lorelei Donaldson, Town Clerk 3 9/ 1 /2009 2-2-3 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Town Manager's Report. a. Revenue Update. PRESENTER(S): Stan Zemler ATTAC H M ENTS : Revenue Highlights 9/ 1 /2009 TOWN OF VAIL REVENUE HIGHLIGHTS August 27, 2009 Sales Tax When all sales tax returns are received for the month of July, collections for the month are expected to be $1.1 million down 20.5% from July, 2008. Year-to-date total sales tax collections are down 15.9% from 2008 and up 0.1 % from budget. Inflation as measured by the consumer price index was down (-2.1 for the month of July compared to 2008. Use Tax Use tax collections as of August 27, 2009 total $565,514, a 10% increase from this time last year, due to the Ramshorn project moving forward. The annual budget of $500,000 has already been met. Construction Permit Fee Revenue Construction permit revenue through August 27 totals $626,435 down 63% from 2008. The 2009 budget assumed a 66% drop. The decrease in activity from the prior year is due to both major and non-major redevelopment projects underway in 2008. Major redevelopment projects so far this year make up 64% of the total. Revenue from non-major projects is down 45% from 2008. Real Estate Transfer Tax (RETT) RETT collections through August 27, 2009, total $1.5 million. This amount is a 74% decrease from last year due to both major and non-major redevelopment projects. Eagle County as of June, 2009 is down 64% in sales dollars and down 54% in the number of sales transactions. At this time last year, the town had collected over $5.7 million in RETT from sales of major redevelopment projects such as Arrabelle, Forest Place, One Willow and the Vail Plaza. Year-to-date 2009 has seen limited sales from major redevelopment projects and is down 84%. Collections not related to major projects year-to-date are 52% down from this time last year. PDFConvert.609.1.090901_Revenue_Highlights.doc - 1 - 9/ 1 /2009 3 -1-1 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Vail Village Loading and Delivery Update and Review of Pilot Programs. PRESENTER(S): Steve Wright / George Ruther /Greg Hall / Suzanne Silverthorn ACTION REQUESTED OF COUNCIL: Review the recommendations regarding loading and delivery policies in Vail Village and approve or modify as needed. BACKGROUND: On June 19, 2007, staff received direction to develop an operational plan for the successful use of a dispersed loading and delivery network in Vail Village. A 17-member working group was formed during the summer of 2007 with representation from the business community, residential neighborhood, vendors and the Town Council. The group met numerous times throughout 2007 and 2008 to develop recommendations for a pilot operational plan to address the opening of the underground Mountain Plaza facility (12 shared bays) and the Vail Plaza Hotel facility (5 shared bays) during the 2008-09 ski season. This review by the Town Council follows a series of incremental actions: . November 18, 2008: Pilot Program for Village Core loading and delivery policies approved for implementation on January 9, 2009, and review on March 17, 2009. . March 17, 2009: Village Core pilot program reviewed to include modifications for designated courier access and limited on-street delivery pilot program for East Meadow Drive to be reviewed on July 7, 2009. . July 7, 2009: Pilot programs modified for review on September 1, 2009, as follows: . Village Core Program. o Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily. o On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. on Gore Creek Drive. o Designated courier areas for Fed Ex, UPS, USPS, etc. Determine optimal location on Gore Creek Drive (either north side, east end of Gorsuch Building as currently in use) or move to south side of street. Hours are 6 a.m. to 6 p.m. o Remove Mill Creek Court Building loading zone on Gore Creek Drive. Improve ADA parking visibility (signage and paint) in front of Mill Creek Court Building and expand spaces if possible. o Explore restricting westbound traffic on Gore Creek Drive for better optimization of Checkpoint Charlie. o Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking. o All loading and delivery policies will be strictly enforced. . East Meadow Drive Pilot Program. o On-street loading and delivery on the street's north side from Vail Boot and Shoe west to Alpenrose from 5 a.m. to 8 a.m. o Policies will be strictly enforced. 9/ 1 /2009 o Staff will work to facilitate cooperative agreements with affected parties and property in the Vail Village Inn Special Development District (SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift that will accommodate the transport of deliveries from the loading dock at Vail Plaza Hotel to businesses on East Meadow Drive. STAFF RECOMMENDATION: Staff requests consideration of the following recommendations: . Retain current loading and delivery policies for Village Core and East Meadow Drive through the remainder of 2009 and into mid-2010 with interim modifications as needed. Likely modifications would result upon completion of interior options identified for Vail Village Inn Special Development District, #6. Also, continue to monitor impacts associated with removal of loading zone in front of Mill Creek Court Building and recommend adjustments, if needed. . Direct staff to evaluate opportunities for future incremental adjustments in the Vail Village loading and delivery policies upon completion of Solaris in July 2010. The four shared bays at Solaris will complete the Village core public improvements for dispersed loading and delivery which will include a total of 21 public bays (located at Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public improvements invested by the developers, and ongoing contractual cost-share investments by the town for operation of the Mountain Plaza facility. ATTAC H M ENTS : Loading and Delivery 9/ 1 /2009 MEMORANDUM TO: Vail Town Council FROM: Steve Wright, George Ruther, Greg Hall, Suzanne Silverthorn, Stan Zemler SUBJECT: Vail Village Loading and Delivery Update and Review of Pilot Programs DATE: September 1, 2009 1. BACKGROUND On June 19, 2007, staff received direction to develop a Council-supported operational plan for the successful use of a dispersed loading and delivery network in Vail Village. The direction reaffirmed policy decisions established years earlier in the town's ongoing effort to address the various conflicts associated with loading and delivery in Vail Village. A 17-member working group was formed during the summer of 2007 with representation from the business community, residential neighborhood, vendors and the Town Council. The group met numerous times throughout 2007 and 2008 to develop recommendations for a pilot operational plan to address the opening of the underground Mountain Plaza facility (12 shared bays) and the Vail Plaza Hotel facility (5 shared bays) during the 2008-09 ski season. Yet to come will be the opening of Solaris (4 shared bays) in July 2010 to complete the Vail Village dispersed loading and delivery infrastructure network. In LionsHead, the Arrabelle at Vail Square loading and delivery facility opened for public use in June 2008. Since then, no on-street deliveries to businesses within the LionsHead Mall are allowed unless a special circumstance exists. The Arrabelle facility houses 6 shared bays which are in frequent use by surrounding properties. The Town of Vail is an ongoing partner in the facility as it relates to its operation, maintenance and repairs. It is also a partner in operation of the Vail Mountain Plaza facility. Today's review by the Town Council follows a series of incremental actions: • November 18, 2008 Pilot program for Village Core loading and delivery policies approved for implementation on January 9, 2009, and review on March 17, 2009. • March 17, 2009 Village Core pilot program reviewed to include modifications for designated courier access and limited on-street delivery pilot program for East Meadow Drive to be reviewed on July 7, 2009. • July 7, 2009 Pilot programs modified as follows for review on September 1, 2009: Village Core Program Retain the loading and delivery system for the Village Core to be reviewed on September 1, 2009, as follows: o Mountain Plaza loading docks available 4 a.m. to 10 p.m. daily. 1 9/ 1 /2009 4 1 1 o On-street delivery available from 4 a.m. to 8:30 a.m. on Bridge Street and from 4 a.m. to 10:30 a.m. (shortened from 11:30 a.m.) on Gore Creek Drive. o Designated courier areas for Fed Ex, UPS, USPS, etc.: ■ Determine optimal location on Gore Creek Drive (either north side, east end of Gorsuch Building as currently in use) or move to south side of street. Hours are 6 a.m. to 6 p.m. ■ Two spaces at the south end of the Willow Bridge Road loading zone (next to Checkpoint Charlie) for use by the couriers from 10:30 a.m. to 6 p.m. ■ East Meadow Drive in front of Vail Boot and Shoe from 8 a.m. to 6 p.m. o Remove Mill Creek Court Building loading zone on Gore Creek Drive. ■ This zone had been available for vehicles less than 20 feet in length by permit only between 6 a.m. and 6 p.m., while no parking was allowed from 6 p.m. to 6 a.m. Due to past abuses, the zone is being removed and will be reviewed again on September 1, 2009. Violators will be ticketed. ■ Improve ADA parking visibility (signage and paint) in front of Mill Creek Court Building and expand spaces if possible. ■ Explore restricting westbound traffic on Gore Creek Drive for better optimization of Checkpoint Charlie. o Hanson Ranch Road across from the Christiania Lodge available for 30 minutes of unattended parking for vehicles less than 20 feet in length from 6 p.m. to 2 a.m. No parking from 2 a.m. to 6 a.m. Also available for 5-minute attended parking. o All loading and delivery policies will be strictly enforced. o Schedule a presentation to the Vail Town Council to discuss staff recommendations for installation of surveillance cameras at key loading and delivery points for improved enforcement East Meadow Drive Pilot Program Loading and delivery on East Meadow Drive to be reviewed on September 1, 2009, as fol lows: o On-street loading and delivery on the street's north side from Vail Boot and Shoe west to Alpenrose from 5 a.m. to 8 a.m. Restrictions apply. Drivers enter from the east from Village Center Chute or Checkpoint Charlie to access and must not impede bus service which begins at 6 a. m. o Police department will review and update regulatory signs as necessary to solicit compliance. o Policies will be strictly enforced. o In pursuit of long-term solutions, staff will work to facilitate cooperative agreements with affected parties and property in the Vail Village Inn Special Development District (SDD #6) and the Town of Vail to explore alternatives such as a freight elevator or lift that will accommodate the transport of deliveries from the loading dock at Vail Plaza Hotel to businesses on East Meadow Drive. This exploration will include construction cost estimates for an exterior solution as well as an interior solution. An update will be presented to the Town Council on September 1, 2009. This update will include the status of property owner consent, 2 9/ 1 /2009 4-1-2 cost estimates, a plan for financial responsibility and overall effectiveness of each of the solutions in accommodating loading and delivery functions so trucks can ultimately be removed from East Meadow Drive. 2. EVALUATION AND ASSESSMENT OF PILOT POLICIES ADOPTED JULY 7 Village Core Program • The hours for on-street delivery in the Village Core established on January 9, 2009, continue to be working well. • The optimal location for 6 a.m. to 6 p.m. courier delivery in the Gore Creek Drive area was determined to be on the north side east of the Gorsuch Building as it offers the least amount of storefront blockage from among the options reviewed. There have been no complaints regarding use of the other courier zones. • Removal of the Mill Creek Court Building loading zone on Gore Creek Drive was the most significant of the pilot policy modifications approved in July. During implementation, the police department has received complaints from residents of the A&D building (above the Golden Bear) and other areas to the south that used this area previously for short-term access to their properties. Complaints also have been received from two area merchants whose access has been restricted. Likewise, correspondence has been received from several residents on Gore Creek Drive who support the change. • A request by the Town Council to improve ADA parking visibility (signage and paint) in front of the Mill Creek Court Building and expand spaces if possible has been reviewed. Additional spaces are not viable due to space constraints. The ADA symbol on the concrete pan has been painted larger than in previous years. The location of the pavers, however, presents a challenge in painting the standard size ADA symbol. • A request by the Town Council to explore restricting westbound traffic on Gore Creek Drive for better optimization of Checkpoint Charlie has been reviewed. Based on feedback from the neighborhood, the improved signing is working. Requiring these residents to drive through Checkpoint Charlie to access their spaces is not recommended at this time. Staff will continue to monitor through the winter. • The police department has received a complaint regarding late-night noise as it relates to use of the parking spaces on Hanson Ranch Road. • Awareness and enforcement activities by the police department have increased. For example, the work schedule of one code enforcement officer was adjusted to begin at 5 a.m. to address potential concerns on East Meadow Drive. All other CEOs have been advised to reduce patrol time in the outlying areas and focus additional attention in the Village and Lionshead pedestrian areas. The installation of video security cameras will also be used to increase enforcement. The locations of the camera positions have been selected to optimize views of the current loading and delivery locations. The cameras should be operational by the time the mountain opens. The images will be fed to two locations: Checkpoint Charlie during business hours and the Vail Communications Center after hours. East Meadow Drive Program • Since the July 7, 2009, discussion, maps have been redistributed and delivery drivers contacted to remind them of the designated areas for on-street loading and delivery which runs from the north side of the street from Vail Boot and 3 9/ 1 /2009 4-1-3 Shoe west to Alpenrose. Drivers must enter from Village Center Chute or Checkpoint Charlie to access and must not impede bus service. The hours for on-street delivery are from 5 a.m. to 8 a.m. Compliance to date has been good. Few official enforcement actions have been necessary. The CEOs are receiving a high degree of voluntary compliance. • In pursuit of long-term solutions on East Meadow Drive, staff was asked to work to facilitate cooperative agreements with affected parties and property owners in the Vail Village Inn Special Development District (SDD #6) to explore alternatives such as a freight elevator or lift that will accommodate the transport of deliveries from the loading dock at Vail Plaza Hotel to businesses on East Meadow Drive. This exploration was to include construction cost estimates for an exterior solution as well as an interior solution. Town staff inet on site with representatives of the Vail Village Inn Special Development District and several general contractors. The purpose of the meetings was to formulate a plan for improving on-site loading and delivery circulation and to prepare written cost estimates for completing three possible circulation improvement alternatives. The three alternatives included: 1. Installing a new freight elevator within the Phase I I I parking garage. (interior) 2. Excavating a below grade tunnel between the Phase II parking garage and the Vail Plaza Hotel. 3. Installing a new freight elevator at near the exterior entrance into the back of house tunnel system entrance. (exterior) Alternative #1 remains a viable consideration. The initial cost estimate for the construction of a new interior freight elevator within the Phase I I I parking garage is approximately $134,000. Alternative #2 also remains a viable consideration. The initial cost estimate for excavating a below grade tunnel between the Phase III parking garage and the Vail Plaza Hotel is approximately $99,000. Alternative #3 is not a viable consideration. Due to the presence of a high pressure natural gas line and a significant amount of buried utilities, it was unanimously concluded that the new exterior freight elevator is too cost prohibitive and not worth pursuing any further. Chapter 10, Off Street Parking and Loading, Zoning Regulations of the Town of Vail enumerates the Town's policy on addressing parking and loading needs of private development within the Town of Vail. Pursuant to Section 12-10-1, Purpose, the purpose of the adopted parking and loading regulations is to, "In order to alleviate progressively or to prevent traffic congestion and shortage of on-street parking areas, off-street parking and loading facilities shall be provided incidental to new structures, enlargements of existing structures or a conversion to a new use which requires additional parking under this chapter. The number of parking spaces and loading berths prescribed in this chapter shall be in proportion to the need for such facilities created by the particular type of use. Off-street parking and 4 9/ 1 /2009 4 1 4 loading areas are to be designed, maintained and operated in a manner that will ensure their usefulness, protect the public safety, and, where appropriate, insulate surrounding land uses from their impact. In certain districts, all or a portion of the parking spaces prescribed by this chapter are required to be within the main building in order to avoid or to minimize the adverse visual impact of large concentrations or exposed parking and of separate garage or carport structures." To that end, the loading and delivery needs of the Vail Village Inn Special Development District, as prescribed by the Zoning Regulations of the Town of Vail remain unmet and do not comply with the adopted minimum standards. For that reason, pursuant to Section 12-10-2, Applicability, in part, "...any new building, for any addition or enlargement of an existing building or for any conversion of uses which requires parking and loading" within the SDD shall be required to bring the Special Development District into compliance with the adopted minimum standards for parking and loading. An opportunity exists to improve the current loading and delivery circulation within the Vail Village Inn Special Development District when a future development application for any new buildings, any additions or enlargements of an existing building(s), or for any conversion of uses is submitted for review by the Town of Vail in the course of the development application review process. The determination of the extent of the improvements which may be required could be based upon the proportional impacts the new buildings, additions, enlargement of conversion of uses have on the loading and delivery needs. 3. STAFF RECOMMENDATION Staff requests Town Council consideration of the following recommendations: • Retain current loading and delivery policies for Village Core and East Meadow Drive through the remainder of 2009 and into mid-2010 with interim modifications as needed. Likely modifications would result upon completion of interior options identified for Vail Village Inn Special Development District, #6. Also, continue to monitor impacts associated with removal of loading zone in front of Mill Creek Court Building and recommend adjustments, if needed. • Direct staff to evaluate opportunities for future incremental adjustments in the Vail Village loading and delivery policies upon completion of Solaris in July 2010. The four shared bays at Solaris will complete the Village core public improvements for dispersed loading and delivery which will include a total of 21 public bays (located at Mountain Plaza, Vail Plaza Hotel and Solaris), estimated at $15 million in public improvements invested by the developers, and ongoing contractual cost-share investments by the town for operation of the Mountain Plaza facility. 4. ACTION REQUESTED OF COUNCIL Review the recommendations regarding loading and delivery policies in Vail Village and approve or modify as needed. 5 9/ 1 /2009 4-1-5 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Motion to approve the Town of Vail's contribution ($3,000) to a settlement agreement concerning case number 09-CV-142, Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al. The total amount of the settlement amongst all named defendants is $15,000. The other defendants in the case include the Town of Rifle Police Department, Garfield County Sheriff's Department and the Town of Silt Police Department. PRESENTER(S): Matt Mire ACTION REQUESTED OF COUNCIL: Move to approve the Town of Vail's contribution ($3,000) to a settlement agreement concerning number 09-CV-142, Danielle Marie Trujillo v. Two Rivers Drug Enforcement Task Force ("TRIDENT") et al. STAFF RECOMMENDATION: N/A 9/ 1 /2009 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Option to redevelop the LionsHead Parking Structure. PRESENTER(S): Stan Zemler / Matt Mire ACTION REQUESTED OF COUNCIL: Authorize and direct the Town of Manager to send a letter to Open Hospitality Partners ("OHP") (a draft letter is in your packets for consideration) on behalf of the Town of Vail (the "Town") declining the counteroffer from OHP dated July 28, 2009, and terminating negotiations relating to the redevelopment of the LionsHead Parking Structure. BACKGROUND: On July 15, 2009, a letter was sent on behalf of the Town to Mark Masinter of OHP acknowledging that the Developer Improvement Ageement, dated October 16, 2007, between the Town and OHP pertaining to a proposed redevelopment on the LionsHead Parking Structure (the "Property") had expired by its own terms. The letter went on to offer OHP an option to redevelop the Property pursuant to certain terms and conditions of a Development Option Agreement (the "Option Agreement") which was attached to the letter. On July 28, 2009, Mr. Masinter, on behalf of OHP, responded to the Town's offer of a development option with a counteroffer which substantially modified the terms of the draft Option Agreement. On August 18, 2009 the Town Council tabled this item to this meeting. (See Attached) STAFF RECOMMENDATION: N/A ATTAC H M ENTS : Draft Town of Vail OHP Letter OHP Letter 072809 & Option Agreement 9/ 1 /2009 DRAFT P561-AM, HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Fairplay Office Hilary M. Graham Kendra L. Carberry 675 Main Street Charissa A. Eckhout Jefferson H. Parker P.O. Box 1046 Elizabeth C. Gross Fairplay, CO 80440 Cristina E. DiMaria Of Counsel Telephone: (719) 836-9005 John E. Hayes Facsimile: (719) 836-9010 Herbert C. Phillips 8/ 12/2009 Mark Masinter Open Hospitality Partners 2525 McKinnon Street, Suite 750 Dallas, TX 75201 VIA FACSIMILE: (214) 750-0060 Re: Lionshead Parking Structure Dear Mark: I write in response to your letter dated July 28, 2009 and the attached revised draft. While the Town Council recognizes the economic difficulties you outlined in your letter, the Town Council is not willing to accept your proposed changes to the option agreement. Because the original Development Improvement Agreement has expired, and because there is no current option agreement between Open Hospitality Partners and the Town, the Town will be exploring other options for the Lionshead Parking Structure property. Very truly yours, Kendra L. Carberry klcarberryghphclaw.com c: Matt Mire, Town Attorney Stephen H. Kaplan, Esq. 8/12/2009 Masinter-L03 9/1 /2009 (-1-1 OPqN HOSPITALITY PARTNERS July 28, 2009 Ms. Kendra Carberry Hayes, Phillips, Hoffmann & Carberry, P.C. 1350 Seventeenth Street Suite 450 Denver, Colorado 80202-1576 Re: Lionshead Parking Structure Uevelopment Option Agreement Dear Ms. Carberry: Thank you for your July 15, 2009 letter regarding the Lionshead Parking Structure. I have reviewed the option agreement you presented, and appreciate the Town's recognition of the efforts I have expended toward the redevelopment of the Lionshead Parking Structure. I have enjoyed collaborating with the Town to implement our shared vision for the Lionshead Parking Structure site, and have invested countless hours and upwards of $5 million dollars in design and planning for the project. I look forward to continuing our shared efforts to realize the full potential of Lionshead. As you know, the scale and scope of current economic conditions have caused a number of projects in development to be postponed. In the case of the Lionshead I'arking Structure redevelopment, however, there has always been another impediment to its redevelopment: namely, the deed restriction held by Vail Associates that encumbers the site (the "Deed Restriction"). In fact, one of the provisions oi' the Development Improvement Agreement between the Town and OHP Vail One, LLC, dated October 16, 2007, required that the Town remove encumbrances on the site, including the Deed Restriction, before any redevelopment could occur. As a consequence of the Deed Restriction, the '1'own cannot take advantage of any development opportunities on the Lionshead Parking Structure site until the Deed Restriction is removed. Stated differently, so long as the Deed Restriction is in place the Town is not missing any opportunities to develop the site. It is my understanding that Vail Associates has pledged to 2525 McKinnon Street Suite 750 Dallas, TX 75201 214.750.0011 Fax 2 14.750.0060 9/1 /2009 6-2-1 remove the Deed Restriction upon the Town's approval of another Vail Associates development project. I Given these facts, please find attached a cevised draft (along witli a redline showing the changes to the original) of the option agreement you presented. "I'he attached revised draft reflects the following major concepts: I • An exclusive option to redevelop the Lionshead Parking Structure site; 1 • Payment of the option fee after the Deed Restriction has been released or removed; and i • Reimbursement to the Town of the cost of certain repaired or replaced Public ; Improvements, thereby minimizing risk to the Town. I ~ Please review the attached revised draft with your client. Please feel fi•ee to contact me ~ with any questions you may have. ~in erely, , ~ j • ► ~ark 7vlasii~er Vi cc: Stephen H. Kaplan Matt Mire Todd Platt Enclosures 2525 MeKinnon Street Suite 750 Dalfas, TX 75201 214.750.0011 Fax 214.750.0060 9/1 /2009 6-2-2 DEVELOPMENT OPTION AGREEMENT THIS DEVELOPMENT OPTION AGREEMENT ('--_"AgreementL` is entered into by and between the TOWN OF VAIL, COLORADO, a Colorado home rule town, with offices at 75 South Frontage Road, Vail, Colorado 81657 (the '-'"Town'-") and OHP VAIL ONE, LLC, a limited liability company organized under the laws of the State of Delaware (""Developer'-"' , located at 2525 McKinnon Street, Suite 750, Dallas, Texas 75201 (each individually a'-"`Party"" and collectively '-"`the Parties'-D. WHEREAS, "DIA" I .2007 ~ wi+T ~;,esF;cct to tho .-o,aa. el,,.,,,,o„+ 0+following an extensive reauest for nronosal nrocess beginning in Mav. 2006, the Town selected Develoner to redevelon approximately 6.6 acres of real property owned by the Town and legally described in Exhibit A, attached hereto and incorporated herein by this reference (the '--"Site'-"), which consists of the Lionshead Parking Structure and an unimproved charter bus parking lot located at 395 South Frontage Road, Vail, Colorado 81657.81657; WHEREAS. the Town and. Devel~~er... entet-eci i.lito a Devel_opment Improvement Agreemcnt dated October 16, 2007 and a First Amendment to Develonment Imnrovement Agreement on August 19, 2008 (collectivelv, the "DIA"j, settin r forth the rights_andAbli ~ti~ns of the Parties w-ith res ect to the redcvclonmcilt oCthe Site; WHEREAS, the Parties acknowledge, and the DIA recognized that the Site is currentlv encumbered bv a deed restriction (the "Deed Restriction") held bv Vail Associates, Inc., The Vail Cornoration, DB/A Vail Associates. Inc., a Colorado corooration, or another related coraorate entitv: WHEREAS, the Parties acknowledge that the DIA expired by its terms on June 17, 2009; WHEREAS, though the PF-1, DIA is no longer in effect, the Town desires to provide Developer with an exclusive option to develop the Site under the terms and conditions of this Agreement3 NOW, THEREFORE, in consideration of the covenants and agreements of the Parties as hereinafter set forth, and for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged by each Party hereto, the Parties agree as follows: 1. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: "Project Plan" means the schematic, architectural internal and external layouts of the Site, which may include architectural concepts, defined and architectural uses, massing, a valet parking program and movement of people, but shall not include architectural details including colors, materials, or other similar architectural or design specifics. 1 9ili2ooy 6-2-3 "Public Improvements" means and includes roadways, sidewalks, parking and drainage facilities. 2. DIA. The Parties acknowledge and agree that the DIA expired by its terms on June 17, 2009, and is no longer in effect. The Parties further acknowledge that , al, *;m°° e^mp';a,,,,° ".:*h *h° nT ^~nd+ha+ there are no outstanding claims or issues related to the DIA. 3. Term. a. This Agreement shall C-ommeneecommence on August 1, 2009 and shall terminate on ;~~~~fy 3 1. 2010, sthe earlier of (i) December 31. 2024, or (ii) the date that is three vears followine the date that the Deed Restriction has been removed as an encumbrance to the Site. The term of this Agreement mav be terminated nursuant to Section 3(b) below, and mav be extended by mutual agreement of the Parties. b. This Agreement mav be terminated bv Town if Develoner has not comblied with Section 4(b) hereof. This Agreement mav be terminated bv the Develoner onlv if Town violates Section 4(a) of this Agreement. 4. Option to Develop Site. a. During the term of this Agreement, the Town hereby grants Developer an exclusive option to develop the Site, subject to the terms of this Agreement (the "Option"). Town a=es not to engage in discussion or negotiations with anv other erson or entitv regarding the develonment of the Site while this Agreement is in effect. b. Develoner must nrovide written notice to the Town of whether it chooses to exercise its Ontion within thirtv (30) davs of the date that Town notifies Develoner that the Deed Restriction has been removed as an encumbrance to the Site. c. b-The fee for exercisin~ such Option shall be $1-99;990;100,000 (the "Initial Fee"l, which fee shall be due and payable upen °u*ioii of *hi° ^gr°°m°n*'~~~ ~velepef. T-he I;e° °ha" be „^rr°{;,~dage bv Develoner two vears from the date the Deed Restriction has been removed as an encumbrance to the Site. Tt,e n.,*;o„ st,,,ii +o,.,r;,,.,te , , +o,.w,:.,at;o„ „f .t,:s n,.,•oa,,,o.,+ d. Six months following payment of ~ additienal fee to be detet=mined by,t4e~-,~the Initial Fee, Developer mays at its sole discretion, renew the Option for *"r°° aadi*~ona' si~ *h *°MM.Sadditional six month terms (each, a"Renewal Term"), until Develober's Proiect Plan is annroved bv the Town at which noint no further Ontion nayments will be reauired and Develoner may nroceed with the redevelopment of the Site. The fee for each six month Renewal Term shall be 100.000, due and navable on the first dav of each annlicable Renewal Term. 2 9ili2ooy 6-2-4 e. The Initial Fee and anv fees naid bv Develoner for anv Renewal Terms shall be credited against the cost of anv Public Imnrovements Town reauires Develoner to make as nart of the redevelonment of the Site. 5. Development of Site. If Developer exercises the Option, Developer shall obtain written approval from the Town before resubmitting its Project Plan. The resubmitted Project Plan shall be treated as a new development application, subject to all provisions of the Vail Town Code applicable to the project as of the date of the Project Plan. 6. Maintenance. a. During the term of this Agreement, the Town shall maintain, repair and to the extent necessary, replace Public Improvements on the Site. The Town may use its own funds or, as allowed by law, funds of the Vail Reinvestment Authority. The extent of maintenance, repair and replacement of Public Improvements shall lie within the sole discretion of the Town. b. If Developer develops the Site pursuant to the Option and later removes any Public Improvements that were repaired or replaced by the Town, Developer agrees to reimburse the Town or the Vail Reinvestment Authority, as applicable, or the cost of such Public Improvements. 7. Amendment. This Agreement may not be amended or terminated except by mutual written consent of the Parties. 8. Assijzmnent. Developer shall not assign or otherwise transfer this Agreement or any rights or obligations therein, without the Town's prior written consent. 9. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colo9rado, and any legal action concerning the provisions hereof shall be brought in the Eagle County, Colorado. 10. No Waiver. No Party shall have waived the exercise of any right that it holds hereunder unless such waiver is made expressly and in writing. Delays in the enforcement or the waiver of any one more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligations of this Agreement. 11. Entire Agreement. This Agreement and the attached exhibits constitute the entire agreement between Developer and the Town, superseding all prior oral or written communications. 12. Severabilitv. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. 13. No Third-Partv Beneficiaries. There are no intended third-party beneficiaries to this Agreement. 3 9ili2ooy 6-2-5 14. Governmental Immunitv. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. 15. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity participating in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of Developer. 16. Recording. This Agreement shall be recorded in the real nronertv records of Eagle Countv, Colorado. IN WITNESS WHEREOF, each Party has executed this Agreement or caused it to be executed on its behalf by its duly authorized representative on the _ day of , 2009. TOWN OF VAIL, COLORADO: Stan Zemler, Town Manager ATTEST: Lorelei Donaldson, Town Clerk OHP VAIL ONE, LLC: By: Name: Title: 4 9ili2ooy 6-2-6 OOi) MUT VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: September 1, 2009 ITEM/TOPIC: Resolution No. 22, Series 2009 for the Transportation Master Plan Amendment for West Vail Fire Station access. PRESENTER(S): Tom Kassmel ACTION REQUESTED OF COUNCIL: Approve Resolution 22 Series 2009, an amendment to the Vail Transportation Master Plan Access Management Plan for the West Vail Fire Station access. BACKGROUND: In May of this year the town adopted the Vail Transportation Master Plan which included an Access Management Plan (AMP) that was developed jointly between the Town and Colorado Department of Transportation (CDOT). The AMP currently shows one access point for the future West Vail Fire Station. The current preferred design shows two access points, one for the general public and one for emergency vehicles. CDOT will permit this additional emergency access as long as the Town amends the AMP. In order to amend the AMP an amendment to the Master Plan must be approved by resolution. STAFF RECOMMENDATION: Approve Resolution 22 Series 2009, an amendment to the Vail Transportation Master Plan Access Management Plan for the West Vail Fire Station access. ATTAC H M ENTS : Memo and Resolution Appendix I Table Amendment Appendix I Graphic Amendment 9/ 1 /2009 MEMORANDUM TO: Vail Town Council FROM: Public Works Department DATE: September 1St, 2009 SUBJECT: Final review of Resolution No. 22, Series of 2009, a resolution adopting amendments to the Vail Transportation Master Plan, and setting forth details in regard thereto. Applicant: Town of Vail, represented by Tom Kassmel, Town Engineer 1. DESCRIPTION OF THE REQUEST The applicant is requesting a final review of a resolution adopting amendments to the Vail Transportation Master Plan, and setting forth details in regard thereto. II. BACKGROUND The Town of Vail, in conjunction with the Colorado Department of Transportation, completed the Vail Transportation Master Plan (VTMP) this past Spring, adopted by the Town Council on May 5th, 2009 by Resolution No. 12 series 2009. The VTMP included an Access Management Plan (AMP) for the Frontage Rd. in Appendix I. The AMP was created cooperatively with CDOT to identify current and future access points along the Frontage Rd. becoming the guideline for all access points along the Frontage Rd. The West Vail Fire station site was allocated one full movement access point on the AMP as indicated on the Chamonix Master plan at the time of the adoption of the VTMP. Since that time a more specific site design has been developed for the West Vail Fire station, suggesting a second access should be allowed onto the Frontage Rd. for emergency vehicles only. This second access will allow the site to accommodate drive thru bays and eliminate the on-site conflict of emergency vehicles and public vehicles. CDOT has agreed conceptually to this additional emergency access but requested that the AMP be updated to show this change. Since the AMP is a part of the VTMP, an amendment to the VTMP is necessary. III. ATTACHMENT A. Resolution No.22, Series of 2009 B. Recommended changes to the VTMP (Additions are highlighted & clouded in yellow) Resolution No. 22, Series of 2009 1 9/ 1 /2009 7 1 1 RESOLUTION NO. 22 Series of 2009 A RESOLUTION APPROVING THE AMENDMENTS TO THE VAIL TRANSPORTATION MASTER PLAN; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council") have been duly elected and qualified; and WHEREAS, the Town of Vail and Colorado Department of Transportation are in the process of amending the Vail Transportation Master Plan in response to the on-going design of the Wet Vail Fire Station; and WHEREAS, the Town wishes amend the Vail Transportation Master Plan Access Management Plan to allow an additional emergency access onto the North Frontage Rd for the proposed West Vail Fire Station; and WHEREAS, the amendment promotes the health, safety, morals, and general welfare of the Town and conserves the Town's natural environment and its established character as a resort and residential community of the highest quality. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves and authorizes the amendments of the Vail Transportation Master Plan. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1St day of September, 2009. Richard Cleveland Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 22, Series of 2009 2 9/ 1 /2009 7-1-2 North 1-70 Frontage Road Access Number Mile Post Side Description Location Current Use/Configuration Proposed Use/Configuration 1A 173.32 Left Former Wendy's Restaurant Access 300 feet west of West Full movement, Closed-down Full movement, Mixed Use Vail Interchange Fast Food Restaurant Development 1B 173.30 Left Former Wendy's Restaurant Site 400 feet west of West None New Fire Station; Emergency Vail Interchange Vehicles Only. 2 173.35 Left Former Service Station Access 160 feet west of West Full Movement Closed upon redevelopment and the Vail Interchange ability to have cross access with Access point #1 3 173.38 Both Chamonix Road West Vail Interchange Roundabout - Full Movement Roundabout - Full Movement 4 173.41 Left Commercial Use 90 feet east of West Full Movement Right In/Right Out, Restricted Vail Interchange Movement 5 173.44 Left Commercial Use, Hotel/Motel 260 feet east of West Full Movement Right In/Right Out, Restricted Vail Interchange Movement 6 173.48 Left Commercial Use, Hotel/Motel 560 feet east of West Full Movement 3/4 Movement Vail Interchange 7 173.54 Left Commercial Use 810 feet east of West Full Movement Right In/Right Out, Restricted Vail Interchange Movement 8 173.60 Left Commercial Use 1,160 feet east of West Full Movement Closed Vail Interchange 9 173.65 Left Commercial Use 1,430 feet east of West Full Movement Roundabout - Full Movement Vail Interchange 10 173.70 Left Commercial Use 1,685 feet east of West Full Movement Right In/Right Out, Restricted Vail Interchange Movement 11 173.74 Left Commercial Use 1,900 feet east of West Full Movement Full Movement Vail Interchange 12 173.81 Left Zermatt Lane Zermatt Lane Full Movement Full Movement, but Convert to 3/4 Movement If Safety Conditions Warrant 13 173.83 Left Commercial Use 100 feet east of Full Movement Closed Zermatt Lane 14 173.88 Left Playground/Park Access 310 feet east of Full Movement Full Movement Zermatt Lane 15 173.96 Left Buffehr Creek Road Buffehr Creek Road Full Movement Full Movement 16 173.99 Left Commercial Use 170 feet east of Full Movement Closed - Provide Access to Meadow Buffehr Creek Road Ridge Rd instead 17 174.04 Left Commercial Use, Hotel/Motel 400 feet east of Full Movement Convert to Full Movement Out Only Buffehr Creek Road 18 174.06 Left Commercial Use, Hotel/Motel 540 feet east of Full Movement Convert to Full Movement In Only Buffehr Creek Road 19 174.39 Left Commercial Use 0.43 miles east of Full Movement Full Movement Buffehr Creek Road 20 174.52 Left Residential 0.58 miles east of Full Movement Full Movement Buffehr Creek Road 21 174.54 Left Residential 0.60 miles east of Full Movement Closed - Buffehr Creek Road 21A 174.59 Left Residential 0.65 miles east of N/A Full Movement - Transit Only Buffehr Creek Road 22 174.63 Left Residential 0.70 miles east of Full Movement Full Movement Buffehr Creek Road 23 174.73 Left Residential 0.25 miles west of Full Movement Full Movement - If Possible Connect Lions Ridge Loop to Future Simba Run Underpass Roundabout24, Otherwise Shift West 24 174.78 Left Simba Run Resorts (Future Simba Ru 0.21 miles west of Full Movement Roundabout - Full Movement Underpass) Lions Ridge Loop 9/ 1 /2009 L:\05168\Access Plan Table\Vail Access Plan Complete Table Amended 081809.x1s 7 -2-1 24A 174.81 Left Residential 0.18 miles west of Full Movement Full Movement - If Possible Connect Lions Ridge Loop to Future Simba Run Underpass Roundabout24, Otherwise Shift East 25 174.92 Left Commercial - Vail Run 250 feet west of Lions Full Movement Closed - Provide Access to Lions Ridge Loop Ridge Loop instead 26 174.97 Left Lions Ridge Loop Lions Ridge Loop Full Movement Full Movement 27 175.04 Left Residential 160 feet west of Red Full Movement Closed - Provide Access through Sandstone Road adjoining property to Red Sandstone Road 28 175.07 Left Red Sandstone Rd Red Sandstone Rd Full Movement Full Movement 29A 175.17 Left N/A 500 feet east of Read N/A Full Movement - New Sandstone Road Playground/Park Access if 29 is closed 29 175.20 Left Playground/Park Access 710 feet east of Red Full Movement Full Movement - Close Access if Sandstone Road parcel integrates with neighboring development to the east 30 175.24 Left Commercial Use 0.17 miles east of Red Full Movement 3/4 Movement Sandstone Road 31 175.32 Left Commercial - Condos 0.23 miles east of Red Full Movement Full Movement Sandstone Road 32 175.36 Left Red Sandstone Elementary School 0.31 miles east of Red Full Movement - Out Only Full Movement - Out Only Sandstone Road 33 175.39 Left Red Sandstone Elementary School 0.33 miles east of Red Full Movement - In Only Full Movement - In Only Sandstone Road 34 175.52 Left Commercial - Condos 0.46 miles east of Red Full Movement Full Movement Sandstone Road 35 175.86 Left Middle Creek Village 0.20 miles west of Vail Full Movement Full Movement Rd 36 175.89 Left Middle Creek Village 910 feet west of Vail Full Movement Inbound Bus Use Only Rd 37 175.93 Left Middle Creek Village 510 feet west of Vail Full Movement Full Movement Rd 38 176.02 Both Vail Rd Vail Rd Roundabout - Full Movement Roundabout - Full Movement 9/ 1 /2009 L:\05168\Access Plan Table\Vail Access Plan Complete Table Amended 081809.x1s 7-2-2 South 1-70 Frontage Road Access Number Mile Post Side Description Location Current Use/Configuration Proposed Use/Configuration 39 173.38 Both Chamonix Road West Vail Interchange Full Movement, Roundabout Roundabout - Full Movement 40 173.30 Right Service Station 550 feet east of West Full Movement/ Service Station Full Movement/Service Station Vail Interchange 41 173.52 Right Service Station 680 feet east of West Full Movement/ Service Station Convert to 3/4 Movement Upon Vail Interchange Redevelopment of Site (Close When No Longer a Service Station) 42 173.63 Right W. Gore Creek Drive W. Gore Creek Drive Full Movement Full Movement 43 173.78 Right W. Haven Drive W. Haven Drive Full Movement Full Movement 44 173.85 Right W. Haven Drive W. Haven Drive Full Movement 3/4 Movement 45 174.01 Right Residential 260 feet west of Full Movement Full Movement Matterhorn Circle 45A 173.92 Right Town Property 675 feet west of None Right-in/Right out movements Matterhorn Circle 46 174.05 Right Matterhorn Circle Matterhorn Circle Full Movement Full Movement 47 174.15 Right Donovan Park Access 420 feet east of Full Movement Full Movement Matterhorn Circle 48 174.57 Right Westhaven Drive Westhaven Drive Full Movement Full Movement 49 174.78 Both Future Simba Run Underpass 0.25 miles east of N/A Roundabout - Full Movement Westhaven Drive 50 174.85 Left Commercial Use 0.25 miles west of Full Movement Closed Forest Rd 51 174.91 Both Commercial Use 805 feet west of Full Movement Full Movement, Align Left and Forest Rd Right Accesses 52 174.96 Right Commercial Use 475 feet west of Full Movement Full Movement Forest Rd 53 175.01 Both Commercial Use 300 feet west of Full Movement Full Movement Forest Rd 54 175.06 Both Forest Rd & Commercial Use on Left Forest Rd Full Movement Full Movement 55 175.13 Right W Lionshead Circle W Lionshead Circle Full Movement Full Movement 56 175.20 Right Commercial - Vail Spa Condos 490 feet east of W Full Movement Right In/Right Out Movements Lionshead Circle 57 175.28 Right Commercial - Lionshead Inn, Vail 200 feet west of W N/A Right In/Right Out Movements Chophouse, Lionshead Circle 58 175.32 Right W Lionshead Circle W Lionshead Circle Full Movement Full Movement - Convert to 3/4 Movement when operations transferto Los F. 59 175.38 Right Commercial - Condos 480 feet east of W Full Movement Full Movement - Convert to 3/4 Lionshead Circle Movement when Roundabout installed at 60 60 175.52 Right E Lionshead Circle E Lionshead Circle Full Movement Roundabout - Full Movement 61 175.59 Right N/A 415 feet east of E N/A Full Movement Lionshead Circle 62 175.68 Right Commercial - Parking Structure 805 feet east of E Full Movement Full Movement - Major Lionshead Circle Intersection 63 175.80 Right N/A 0.22 miles west of Vail N/A Full Movement Rd 64 175.83 Both Commercial Use 900 feet west of Vail Full Movement Right In/Right Out Movements, Rd Both Sides 65 175.88 Both Vail Valley Medical Center 740 feet west of Vail Full Movement Full Movement - Atempt to align Rd accesses from both sides upon redevelopment 66 175.93 Right Vail Plaza Hotel 400 feet west of Vail N/A Add Access - Right In/Right Out Rd Movements 67 175.95 Both Commercial Use 270 feet west of Vail Full Movement Full Movement Rd 68 176.02 Both Vail Rd Vail Rd Roundabout - Full Movement Roundabout - Full Movement 9/ 1 /2009 L:\05168\Access Plan Table\Vail Access Plan Complete Table Amended 081809.x1s 7-2-3 69 176.05 Right Commercial Use 120 feet east of Vail Full Movement Right In/Right Out Movements Rd 70 176.12 Right Commercial Use 450 feet east of Vail Full Movement Full Movement Rd 71 176.13 Right N/A SOO feet east of Vail N/A Right In/Right Out Movements Rd 72 176.15 Right N/A 600 feet east of Vail N/A Right In Only Rd 73 176.18 Right N/A 725 feet east of Vail N/A Right Out Only Rd 74 176.21 Right Village Center Dr Village Center Dr Full Movement Full Movement 75 176.23 Right Commercial - Parking Lot 130 feet east of Full Movement Transit Only, In Only Village Center Dr 76 176.26 Right Commercial - Parking Lot 250 feet east of Full Movement Full Movement Village Center Dr 77 176.29 Right Commercial - Parking Lot 550 feet east of Full Movement Full Movement Village Center Dr 78 176.39 Right Commercial - Parking Structure 870 feet east of Full Movement Full Movement - Major Village Center Dr Intersection 79 176.42 Right E Meadow Dr E Meadow Dr Full Movement 3/4 Movement - Subject to Roundabout at 86 80 176.45 Right Utility Access? 103 feet east of E Full Movement Right In/Right Out Movements - Meadow Dr Subject to Roundabout at 86 81 176.11 Right Commercial - Condos 310 feet east of E Full Movement Right In/Right Out Movements - Meadow Dr Subject to Roundabout at 86 gZ 176.48 Right Commercial - Condos 400 feet east of E Full Movement Right In/Right Out Movements - Meadow Dr Subject to Roundabout at 86 83 176.53 Right Commercial Use 510 feet east of E Full Movement Closed Meadow Dr 84 176.55 Right Commercial - Wren 660 feet east of E Full Movement Right In/Right Out Movements - Meadow Dr Subject to Roundabout at 86 85 176.57 Right Gerald Ford Park - Service Rd Access West end Gerald Ford Full Movement Right In/Right Out Movements - Park Subject to Roundabout at 86 86 176.62 Right N/A Gerald Ford Park N/A Roundabout - Full Movement Location To Be Determined 87 176.80 Right Gerald Ford Park Access 0.40 miles east of E Full Movement In Only - Future Configuration To Meadow Dr Be Determined gg 176.84 Right Gerald Ford Park Access 0.44 miles east of E Full Movement Out Only - Future Configuration To Meadow Dr Be Determined 89 176.89 Right Gerald Ford Park Access 0.49 miles east of E Full Movement Closed Meadow Dr 9/ 1 /2009 L:\05168\Access Plan Table\Vail Access Plan Complete Table Amended 081809.x1s 7 2 4 ~ .s,,F' i , ~ • ~~~~J ~-r • A x i t`,~ ~ . k~\ LoGrON ocrcR eo ,''aJ1 r i0µ~ VW~ "t6 f. 1 r.•FC~-r ~i - - 3 I D 1 ~ ~ ONLT IF NOi S ~ I • ACLESSIBIE Ai -r \I/ irvteasECnorv tt Z m y~ ll w i r~ -er ro 3 ir 71 : ~ - ~ aJ sor~v CONDInnns o ENeRCaacr " 421- _1 a}-~ N Worvi~ 4A / CONY£RT i0 3 uPON - ~ ALL REOEYELOPNEIVi VALL BE ENCOURAGm flmEVELOPMENi OF SIIE i0 ESiIHUSn CROSS-ACCE55 miN Iil~ENT ` • (C- xf~Erv rvU iOrvGER ~ . 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