HomeMy WebLinkAbout2009-11-03 Agenda and Support Documentation Town Council Evening Session VAIL TOWN COUNCIL
EVENING SESSION AGENDA 0i.
TOM
VAIL TOWN COUNCIL CHAMBERS
75 S. Frontage Road W.
Vail, CO 81657
6:00 P.M., NOVEMBER 3, 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 10.06.09, 10.20.09 & 10.27.09 Minutes.
(5 min.)
3. ITEM /TOPIC: Town Manager's Report.
a. Revenue Update.
b. Wildland Fire Debrief.
c. Introduction of AIPP Coordinator. (Molly Eppard)
d. Timber Ridge Bond Update.
e. CDOT Letter. (30 min.)
PRESENTER(S): Stan Zemler
4. ITEM /TOPIC: PEC /DRB Update (15 min.)
PRESENTER(S): Warren Campbell
5. ITEM /TOPIC: Resolution No. 25, Series of 2009, A Resolution Approving
the Development Option Agreement Between the Town of Vail, Colorado,
(the "Town ") and OHP Vail One, LLC, ( "OHP ") Regarding the Lionshead
Parking Structure Development Option Agreement; and Setting Forth Details
in Regard Thereto. (15 min.)
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Consider the Development Option
Agreement and vote on whether to authorize the Town Manager to sign and
enter into the agreement with OHP on behalf of the Town in a form approved
by the Town Attorney.
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BACKGROUND: On October 16, 2007, The Town and OHP entered into a
Development Improvement Agreement, and then a First Amendment to the
Development Improvement Agreement ( "DIA ") on August 19, 2008. The DIA
subsequently expired by its terms. The Town then began to negotiate the
attached Option Agreement with OHP. The Town Council tabled Resolution
No. 25 on October 20, 2009. (See Attachments).
STAFF RECOMMENDATION: N/A
6. ITEM /TOPIC: Adjournment. (7:20 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, NOVEMBER 17, IN THE VAIL TOWN
COUNCIL CHAMBERS.
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 3, 2009
ITEM /TOPIC: Citizen Participation.
PRESENTER(S): Public
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 3, 2009
ITEM /TOPIC:
Consent Agenda.
a. Approval of 10.06.09, 10.20.09 & 10.27.09 Minutes.
ATTACHMENTS:
10.06.09 Minutes
10.20.09 Minutes
10.27.09 Minutes
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Vail Town Council Meeting Minutes
Tuesday, October 6, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Margaret Rogers
Andy Daly
Farrow Hitt
Kim Newbury
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
Suzanne Kinkaid Spoke in support of the Hidden Gems (environmental
protection) program.
Megan Gilman of the Eagle Valley Alliance for Sustainability and the Energy
Smart Local Improvement District encouraged Council to endorse a Smart
Energy Local Improvement District. Daly clarified Town of Residents could
participate although the town would incur no specific costs.
The Town of Vail was sponsoring the replanting of 175 spruce trees this week as
part of an ongoing reforestation and beautification project. The Trees for Vail
effort begins Oct. 7 when 75 students from Red Sandstone Elementary School
will join the town staff in planting 50 -75 saplings. The fourth and fifth grade
students will be working from 12:30 to 2:30 p.m., rain or shine, with the plantings
to take place on the upper bench of Donovan Park and the Vail Golf Course. The
locations were selected for their ability to maximize survival and proximity to
irrigation systems. Then on Oct. 8, residents who show proof of Vail residency
will be eligible to pick up a free one - gallon 14" spruce tree to be planted within
the town. The give -away will take place from 8 a.m. to 5 p.m. daily at the Town of
Vail Community Department parking lot while supplies last. The trees will be
given away on a first -come, first - served basis and will be limited to one tree per
household. A brochure will accompany each tree with information on tree
planting instructions and the town's wildfire reduction efforts. Town environmental
health officer Bill Carlson is organizing the activities. "Planting trees in the Town
of Vail will replace trees lost to the mountain pine beetle infestation and endow a
noteworthy beautification of Vail," he said. "It's our goal to bring the Trees for Vail
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efforts of the past back to life." Trees for Vail was initiated in 1992 by community
members and continued until 1998.
The second item on the agenda was a Proclamation of Community Planning
Month.
Cleveland proclaimed October 2009 as Community Planning Month in the Town
of Vail. Each year the American Planning Association, its members, chapters,
divisions, and professional institute sponsor National Community Planning Month
to raise the visibility of the important role of planning in communities across
America. National Community Planning Month also creates an opportunity for
local communities to recognize the public service contributions of their
professional planners and the citizen volunteers of their councils, boards and
commissions. In celebration of National Community Planning Month, the Town of
Vail Community Development Department will host a series of public walking
tours each Thursday in October to showcase development projects within Vail
Village and Lions Head that formed Vail's "Billion Dollar Renewal." The tours will
depart from the Colorado Ski Museum entrance at the Vail VillageTransportation
Center as follows:
Thursday, Oct. 1st 5:30 to 7:00 p.m.
Thursday, Oct. 8th 5:30 to 7:00 p.m.
Thursday, Oct. 15th Noon to 1:30 p.m.
Thursday, Oct. 22nd Noon to 1:30 p.m.
Members of the Community Development Department will also be speaking to
local non - profit organizations and schools about community planning and the
Community Planning Month events. Staff requested Council join other
communities across America in promoting October 2009 as Community Planning
Month. Newbury moved to approve the proclamation with Daly seconding. The
motion passed unanimously, 7 -0.
The third item on the agenda was the Town Manager's Report.
a. Winter Parking Update.
Public Works Director Greg Hall explained preliminary parking recommendations
to Council and the audience. "An official Parking Task Force Meeting will be held
in the near future." During a pause for public comment, Kaye Ferry said the
current shopper parking methodology was very effective. Hall said he would
return in two weeks with an update.
b. Revenue Update.
Budget and Financial Reporting Manager Kathleeen Halloran reported that when
all sales tax returns are received for the month of August, collections for the
\n 11/3/2009\n 2
month are expected to be $1.1 million, down 20.9% from August, 2008. Year -to-
date total sales tax collections are down 16.4% from 2008, and flat with the
budget. Inflation as measured by the consumer price index was down ( -1.5 %) for
the month of August compared to 2008. Use tax collections as of September 30,
2009, total $642,274, a 14% 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 revenue through September 30 totals $700,221,
down 64% 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 60% of the total. Revenue from non -major projects is down 39% from
2008.RETT collections through September 29, 2009, total $1.7 million, compared
to a full year forecast of $2.4 million. This amount is a 71 % decrease from last
year due to both major and non -major redevelopment projects. Eagle County as
of July, 2009, is down 66% 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 44% down from this time last year. Across all
funds, total revenue of $33.3 million is down 22.8% year -to -date from this time
last year and down 2.9% from the budget. Town reserves total an estimated
$50.6 million.
Zemler said the town would be hosting a public briefing for Vail Town Council
candidates from 5 to 7 p.m. Oct. 13 in the Town Council Chambers. The briefing
will include a budget overview and updates on topics ranging from
redevelopment of Timber Ridge to Tax Increment Financing. Candidates also will
be encouraged to ask questions of the town staff for additional information -
gathering. Nine candidates are running for four open council seats in the Nov. 3
municipal election.
The fourth item on the agenda was the Consent Agenda.
a. Approval of the 09.01.09 and 09.15.09 Town Council Minutes.
Daly moved to approve the minutes with a minor amendment with Foley
seconding. The motion passed unanimously, 6 -0. Cleveland recused himself
from the vote as he was not in attendance at the 09.15.09 meeting.
b. Appoint seven people to be election judges for the Regular Municipal Election
on November 3, 2009. A memorandum was provided to Council with the names
of seven judges. Hitt moved to approve the list with Rogers seconding. The
motion passed unanimously, 7 -0.
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The fifth item on the agenda was Eagle County Airport 1 -70 Interchange
Presentation.
Eagle County Commissioner Peter Runyon spoke in support of an 1 -70 /Eagle
County Airport interchange presentation. He said he was disappointed the
Council had previously failed to support the proposal. "The United States
government has received 1400 applications for American Recovery and
Reinvestment Act grant funding... My optimism on receiving funds has
diminished... If we need this funding we need broad based community support."
Daly moved to support the interchange with Hitt seconding. The motion failed 2-
5, with Gordon and Daly voting in favor.
-- Public presentation and discussion regarding design schemes, financing
options, and staffing recommendation (SAFER grant) for West Vail Fire Station
At the Vail Town Council Evening Session on September 15th, Council provided
direction to staff to return on October 6th to make formal public presentation on
the West Vail Fire Station and solicit citizen feedback relative to design schemes,
etc. In addition, the Town Manager and finance staff presented a revised 2010
budget incorporating funding options for staffing and constructing the West Vail
Station. Vail Fire & Emergency Services has developed performance objectives
that are specific to the town's needs, but also aligned with accepted National
Standards for the Fire Service. Staff understands it is unrealistic to meet all
national standards to the full extent, but feel it is the department's due diligence
to meet the intent of the national standards when possible. National Fire
Protection Association 1710 indicates that the first arriving engine should be on
the scene within six minutes (total) on 80% of incidents, and 14 - 16 firefighters
should be on scene within ten minutes (total response time) on 80% of incidents
for a residential structure fire. As a matter of note, today the Vail Fire Department
can only assemble 10 - 11 firefighters on scene (including mutual aid). The goal
is to meet the 14 -16 firefighters within the first ten minutes with the addition of the
3 rd station. It is the intent, that with the addition of the West Vail Station, staff can
meet these objectives /standards more than 80% of the time. Response times
could be reduced by approximately four minutes with the addition of the West
Vail Station. This means improved life /safety response throughout the
community. Miller commented "The Town of Vail is vulnerable to response times
and resources (especially West Vail)... response times and resources
(firefighters) are inadequate." He then explained Insurance Service Organization
requirements. "This station has been in the works for 28 years... This is a
tough decision and if I were sitting in your seats I'm sure I would struggle with
this decision; however, public safety is a priority and we have a financing option
that will allow us to pay cash for the station as well as a grant to augment staffing
costs." Rogers asked if the SAFER Grant would still be required if the West Vail
Station was not built. Miller noted, "A fourth firefighter per shift could be
effectively utilized... My professional objective as a fire chief is that we need this
fire station." Foley had questions regarding the need for an elevator in the
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station, and suggested staff further investigate. Gordon asked if a community
room could be included in the design of the building (taken out at Councils
suggestion at last meeting). Miller commented, "There is no reason the training
room could not be used by other Town of Vail departments." During a pause for
public comment, Tim Moffet encouraged Council to approve the station. Dr. Tom
Steinberg said he had supported the West Vail Station for over 25 years. "Your
(Town Council) primary duty is to protect the citizens... Get this fire station built."
James Wilkins then spoke in support of the West Vail Station. Foley moved to
continue onto the next phase of design development with Daly seconding. Daly
said he has a greater sensitivity to the potential for wildfire. "I think there is
potential for twenty percent savings in this structure. I think we should value
engineer this project down without sacrificing quality." Newbury thanked staff for
developing a cash financing concept. "This is a good use of town funds even in
these tough economic times." In regard to using cash reserves to build the fire
station, Cleveland commented, "This is exactly the type of project this community
deserves." The motion passed unanimously, 7 -0 to build the West Vail Fire
station and approve the use of the staffing grant to hire three additional
firefighters.
-- Second reading of the 2010 Budget Ordinance No. 19, Series 2009
Budget and Financial Reporting Manager Kathleen Halloran stated the proposed
$51.2 million fiscal year plan included reductions that began in 2009. During
2009, a total of $2.9 million was reduced from the 2009 budget, along with 12
positions. Since the first look at 2010 projections, another $1 million and 4
positions have been reduced. This resulted in a balanced budget for 2010
without impacting service levels and annual expenditures supported by revenues.
Council members had also asked to review a budget that accommodated the
addition of three firefighters and construction costs associated with building a
third fire station. Those costs include $210,000 for staffing in 2010 which would
be supplemented by $117,000 from a federal grant for a net cost to the town of
$93,000. Construction costs for the West Vail fire station are currently budgeted
in the Capital Projects Fund at $5.6 million over two years, and were proposed to
come from the town's current cash reserves rather than incur approximately $4.2
million in financing costs over the next 20 years. Staff also asked Council for
suggestions on how to fund $10,000 for the Premiere Impressions program
administered by the Vail Chamber and Business Association (VCBA). VCBA
Executive Director Rich tenBraak said the cash normally goes to hard costs,
subsequently in -kind contributions would not be as valuable. "Vail Resorts has
offered up $15,000 in cash and in kind... The cash goes a lot farther to us than in
kind." Zemler asked Council to direct staff to fund the program from 2009 funds.
Council then moved to direct staff to find the funding in the 2009 budget. The
motion passed unanimously, 7 -0. Gordon moved to pass Ordinance 19, series
of 2009 as proposed with amendment to keep the Buy -Down program in tact and
reduce the Ford Park Master Plan project. Hitt seconded. The motion failed 2 -5
with Gordon and Hitt voting in favor. Gordon said with decreasing housing costs
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the time is opportune to increase the town's employee housing infrastructure.
Daly said he was uncomfortable spending money on the Ford Park Master Plan.
Hall said he would like to keep $200,000 in the 2010 to continue the planning
process. Additional questions regarding capital projects were raised. Council
was in agreement regarding the operating budget but wanted to focus on capital
projects during their next meeting. Foley moved to table the Ordinance with Daly
seconding. Zemler said he would come back with issues, not changes, to
budgeted numbers. In regard to a proposed elevator in the envisioned West Vail
Fire Station Rogers said, "I would like to see the law on this...I think it's a
complete waste of money to put an elevator in a two story building." The motion
to table passed 6 -1, with Gordon opposed.
-- Presentation and request to operate a pedicab business within the Town Vail.
The Town Code Title 7, Chapter 5, Section 7, "Pedicabs Allowed" requires that
before any such pedicab may lawfully operate on the streets of the Town, the
operator must obtain the appropriate license or authorization from the Town
Council. On September 23, 2009, Dave Wasserman, Pedicab owner /operator,
presented his business proposal to Town of Vail staff. Staff reviewed the
proposal and the approved route and did not find any issues with operating a
pedicab business on the streets of Vail. Wasserman said he would use one
pedicab. Newbury moved to approve the request with Hitt seconding. The
motion passed unanimously, 7 -0.
- -Holy Cross Energy Electric Line Easement at Public Works Shop.
Public Works Director Greg Hall announced the Colorado Department of
Transportation (CDOT) requires an upgrade to their electrical service for the 1 -70
variable message signs. Their service connection is at the Public Works Shop
Entry. Holy Cross Energy lines are north of the town's property. In order to place
a line from the Holy Cross lines to the CDOT service, Holy Cross will be required
to cross Town of Vail land which is the Public Works Shop parcel. Public Works
staff has met with CDOT and Holy Cross and determined the appropriate routing.
Newbury moved to approve with Rogers seconding. The motion passed
unanimously, 7 -0.
- -First Reading of Ordinance No. 18, Series of 2009, an ordinance repealing and
re- enacting Chapter 10, Building Codes, Vail Town Code; adopting by reference
the 2009 editions of the International Building Code, International Residential
Code, International Fire Code, International Mechanical Code, International
Plumbing Code, International Fuel Gas Code, International Energy Conservation
Code, International Performance Code; 2008 edition of the National Electrical
Code; 1997 edition of the Uniform Code for the Abatement of Dangerous
Buildings and with regard to the above described codes, adopting certain
appendices
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Chief Building Official Martin Haeberle reported the Building and Fire Appeals
Board had, through a process of community consensus, reviewed the 2009
International Building Codes and recommended Council adopt the 2009
International Building Codes with several amendments. The proposed
amendments specifically address the uniqueness of the construction
environment in Vail. "We want to comply with the most modern building
standards in the industry." In regard to fire code, Deputy Fire Chief Mike McGee
said outside (third - party) entities were used to develop the new code as it directly
applies to the Town of Vail. Committee member Rich Seth commented, "What
we've done with the codes is pinpoint them to our local area." It was then clarified
maximum spacing of fire hydrants within town limits is 1000 feet. Daly moved to
approve the ordinance with Rogers seconding. The motion passed unanimously,
7 -0.
- -First Reading of Ordinance No. 20, Series of 2009, an ordinance repealing and
re- enacting Ordinance No. 5, Series of 2006, establishing Special Development
District No. 39, Crossroads
Chief of Planning, Warren Campbell announced that on September 14, 2009, the
PEC unanimously recommended approval of a major amendment to SDD No.
39, Crossroads, to increase the number of dwelling units from 78 to79. This
increase in the number of dwelling units was accomplished by converting an
existing common space within the structure. There was no increase in Gross
Residential Floor Area (GRFA) or reduction in commercial floor area associated
with the change. Newbury moved to approve the ordinance with Hitt seconding.
The motion passed unanimously, 7 -0.
-- Ordinance No. 21, Series of 2009, An Ordinance Amending Ordinance No. 15,
Series of 2009, Defining Electronic Personal Assistive Mobility Device
( "EPAMD "); Establishing Regulations Regarding the Operation of such Devices
in the Town of Vail
Town Attorney Matt Mire reported that on September 15, 2009, Council directed
staff to amend Ordinance No. 15, Series of 2009, extending the Sunset Provision
and Ordinance Expiration for an additional year to October 5, 2010, and adding a
new section requiring EPMAD's to have audible warning safety equipment
installed. Newbury moved to approve the ordinance with Foley seconding. The
motion passed unanimously, 7 -0.
-- Resolution No. 23, Series 2009: Approval of Vail Local Marketing District's 2010
Operating Plan and Budget.
Newbury moved to approve the resolution with Daly seconding. The motion
passed unanimously, 7 -0.
-- Adjournment
Newbury moved to adjourn the meeting at approximately 9:43 p.m., with Foley
seconding. The motion passed unanimously, 7 -0.
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Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
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Vail Town Council Meeting Minutes
Tuesday, October 20, 2009
6:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The first item on the agenda was Citizen Participation.
There was none.
The second item on the agenda was the Town Manager's Report.
Town Manager Stan Zemler reported a joint meeting with the Town Council, Planning
and Environmental Commission (PEC), Design Review Board (DRB), Vail Local Housing
Authority (VLHA) and the Timber Ridge Affordable Housing Committee (TRAHC) had
been set for Tuesday, October 27, at 2:00 p.m. in the Town Council Chambers.
Additionally, Kim Newbury reminded everyone the town's annual food drive ended on
Friday, October 23rd.
The third item on the agenda was Resolution 22, Series of 2009. A resolution in support
of the Energy Smart Loan program, a ballot measure to be posed to voters on November
3rd, 2009, which will allow Eagle County to provide bonding authority to issue low
interest loans to residents for energy efficiency and renewable energy improvements on
their homes and allow the participants to repay these loans through property taxes.
Kristen Bertuglia, the town's Environmental Sustainability Officer, opened the discussion
based on the background supplied in the Council packet. Daly asked why the town had
to opt in? Bertuglia responded that the County could not allow participation in the
program unless the town approved it. Matt Scherr with the Eagle Valley Alliance for
Sustainability explained this tool would allow repayment and financing for environmental
improvements to someone's home, with the homeowner, in many cases, seeing an
immediate energy savings, and the repayment tied to the property itself. Gordon asked
whether there was any financial liability for the town and was told there was not. Schere
went on to say the program would probably happen in the spring, assuming there was a
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positive vote in November. Brian Sipes likened this Local Improvement District (LID) to
Tax Increment Financing (TIF), allowing capital infrastructure to be improved with a
financing mechanism in place. Mike Cacioppo suggested this program did not pass the
smell test and only created bigger government. Ron Aldrich, an East Vail resident, said
this was a tremendous program which would hep fight global warming and would help
the construction industry during this recession. Scott Proper suggested there were other
traditional financing options to support these efforts. Cleveland was concerned the
county was taking on debt and had questions about operational costs. He said the
project should be "farther along." Foley agreed the Council should wait to see if it
passes and that he agreed with Minturn's stance. Gordon moved to approve Resolution
22 as read, with a second from Newbury. The vote was 3 -3, Gordon, Newbury and Daly
in favor (Rogers absent) so the vote was defeated.
The fourth item on the agenda was the Initial review of parking feasibility concepts for
Ford Park.
Greg Hall opened the presentation stating Council had previously requested staff to
determine if underground parking was feasible at Ford Park and at what cost. Carlos
Hernandez with Fehr and Peers went through a series of demonstrations stating how
many people were on the site, at what time of day and how this affected the Village and
LionsHead Parking Structures. He also concentrated on how they arrived at the park. In
response to how the park is managed, he stated use of existing parking facilities would
be key, as well transitioning visitors from driving to transit, walking and biking. He also
stated to supplement the current and future uses during the summer programming at
peak times would require an increase in parking of between 400 -800 spaces. Jana
McKenzie with EDAW /AECOM provided background on goals, issues and next steps.
The lack of a formal entrance to the park was discussed as each of the parking
scenarios was laid out, along with issues arising from multiple user groups and venues
in the park. Project goals included: Define the number of parking spaces; maintain park
functions; improve overall design quality of Ford Park; improve pedestrian access;
balance parking needs with programming; improve safety; identify a potential site for a
future civic site; and minimize impact during construction. Existing conflicts center
around pedestrian access; drop off and arrival; conflicts between user groups and
overlapping events, vehicle noise from 1 -70; and functional challenges for events on the
existing play fields. Under public input, John Becker suggested a winter solution through
a demountable space solution. Ann Kurronen, Executive Director of the Betty Ford
Alpine Gardens, asked all user groups be brought into the process as this moves from
an academic discussion to a "go forward" basis. Tom Steinberg said to be wary of
aritificial turf referring to a New York City recent report on high temperatures recorded.
He also suggested Vail Resorts look at their parcel to the south of Ski and Snowboard
Vail which could provide 3 -4 levels of parking. Joe Staufer said the town should not
accommodate the day skier for Vail Resorts. Mike Cacioppo said Vail Resorts needs to
pay their fair share. Jim Lamont with the Vail Homeowner's Association said this current
look at the park was breaking new ground but asked what the "normal," not peak, day of
parking in the summer required. He suggested adding a premier parking program for
park users. Foley asked if it was feasible to add an additional two decks to the
LionsHead Parking Structure. Daly stated no more money should be spent on planning
until: land use constraints and defining documents were reviewed; Vail Resorts (VRI) is
brought into the conversation; user groups are brought in together; and a determination
of capacity at Golden Peak was established. Hitt suggested while it was tempting to put
in as much parking as possible, transit should be improved, VRI should be involved and
\n 11/3/2009\n 2
the town not lose sight of the $4.3M VRI parking obligation. Newbury said the actual
need for additional parking at Ford Park must be determined. Gordon stated we should
not lose sight of one of the original key successes that brings parks, walkways and right -
of -way through retail areas. Increased parking at Ford Park would not necessarily
accomplish this. Cleveland wanted to continue the master planning process to explore
current and prospective uses in the park and to keep the emphasis on the summer.
Since this was the first look at the possible scenarios, staff said they would continue to
refine and address the issues brought up.
The fifth item on the agenda was the recommendations of the Parking Task Force for
2009 -2010 winter parking season.
Public Works Director Greg Hall presented an overview, slightly revised from the
previous presentation, of the recommendations of the Parking Task Force for 2009-
2010. A new program currently approved by the Colorado Department of Transportation
(CDOT) which will allow permit parking on the Frontage Roads in certain parts of town:
across from the Children's Garden of Learning will accommodate 40 spaces and west of
the Shell Station in West Vail will provide approximately 100 spaces. The Pink Pass will
be raised from $100 to $150 for season and is good for Ford Park and the Soccer Field
parking lot. The Wendy's lot will equivalent to the Frontage Road price at $100 Monday
through Friday and will remain free on Saturday and Sunday. A grace period of 15
minutes was recommended for the Value Card /Shopper parking on the top deck of the
Village parking structure and the middle south deck of the LionsHead structure. Tom
Steinberg asked if his request to use the west service road at Ford Park had been
review, and for various reasons, it was not deemed viable. Foley asked Council whether
he had their support to request ECO and the school district make the former Battle
Mountain High School parking lot available this winter for park 'n ride and was given a
thumbs up. Newbury moved to approve with a second from Daly. The motion passed
unanimously, 6 -0.
The sixth item on the agenda was the First reading of Ordinance No. 22, Series of 2009,
an ordinance amending Title 12, Zoning Regulations, Vail Town Code, to allow medical
marijuana dispensaries as a conditional use in the Commercial Core III, Arterial
Business, General Use, and Commercial Service Center Districts.
The Vail Town Council has voted against regulating medical marijuana dispensaries
within the town. By voting 5 -1, Hitt opposed, against first reading of an ordinance that
would have allowed the dispensaries as a conditional use in certain zone districts, the
action prevents such businesses from locating within the town. Prior to the vote, the
council heard from several citizens who shared concerns about the appropriateness of
medical marijuana dispensaries within the resort community, concerns that were also
expressed by Police Chief Dwight Henninger. In voting against the ordinance, the
council also clarified that medical offices and pharmacies are prohibited from becoming
a medical marijuana dispensary within the town. Citing the evolving nature of the issue,
the council asked to monitor an information - gathering process initiated by the Colorado
Municipal League to determine if additional considerations will be needed in the future.
Newbury moved to approve, with a second from Foley.
The seventh item on the agenda was the Second Reading of Ordinance No. 18, Series
of 2009, an ordinance repealing and re- enacting Chapter 10, Building Codes, Vail Town
Code; adopting by reference the 2009 editions of the International Building Code,
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International Residential Code, International Fire Code, International Mechanical Code,
International Plumbing Code, International Fuel Gas Code, International Energy
Conservation Code, International Performance Code;2008 edition of the National
Electrical Code; 1997 edition of the Uniform Code for the Abatement of Dangerous
Buildings and with regard to the above described codes, adopting certain appendices.
The eighth item on the agenda was the Second reading of the 2010 Budget Ordinance
No. 19, Series 2009.
Gordon stated he would not accept a reduction to the buy down program in that one of
the Council's three primary goals was work force housing. Hitt suggested while it was
still a priority, perhaps it was not so much of one in this economy. He also said the town
didn't want to lose the opportunity in this economy to purchase when the cost is lower.
Cacioppo stated the inclusion of the new fire station and staffing would serve this
comunity well. Staff clarified that the fire station was included in the capital budget.
Foley noted he would vote against this ordinance because of the 61/39 sales tax
revenue split between operating and capital, noting capital improvements were vital.
Gordon made a motion to approve the ordinance as read, with a second from Hitt. The
motion failed 2 -4 (Gordon and Hitt in favor). Newbury suggested offsetting the $500,000
2010 buy down expenditure with $186,000 of employee housing pay -in -lieu revenue
(received from development projects in 2009). Halloran and Camp explained that this
change would not affect the budget ordinance, but agreed to alter the capital budget
worksheet to reflect Council's direction. The resulting buy down line item would be
broken into two line items: $314,000 paid for directly from the capital projects funds and
$186,000 paid for by the pay -in -lieu revenue collected in 2009 (also recorded in the
capital projects fund). Newbury then moved to approve the budget with that one
change to capital and to amend the budget detail sheet, with Daly seconding that
motion. The motion passed 5 -1 (Foley opposed).
The ninth item on the agenda was the Second Reading of Ordinance No. 20, Series of
2009, an ordinance repealing and re- enacting Ordinance No. 5, Series of 2006,
establishing Special Development District (SDD) No. 39, Crossroads, and setting forth
details in regard thereto.
Newbury moved to approve second reading of Ordinance 20, with Daly seconding. The
motion passed unanimously, 6 -0. For details, contact Warren Campbell at 479 -2460.
The tenth item on the agenda was Resolution No. 24, Series of 2009, A Resolution
Approving the Pre - Development Agreement Between the Town of Vail, Colorado,
Timber Ridge Affordable Housing Corporation and Vail Timber Ridge LLC Regarding the
Redevelopment of the Timber Ridge Property; and Setting Forth Details in Regard
Thereto.
Town Attorney Matt Mire introduced the Resolution by stating the pre - development
agreement between the Town of Vail and Vail Timber Ridge LLC established terms for
the predevelopment process and parameters for the eventual development of the
property for employee housing. The terms: a long term lease where the TOV retains
ownership of the parcel; a one one -time up front payment of $11M to the town; a
commitment to submit a complete development application to the TOV by April 1, 2010;
the development shall include 359 Employee Housing Units (EHUs), capable of housing
570 beds (individuals); the TOV will refund the town's construction use tax and waive all
\n 11/3/2009\n 4
other building and inspection fees; the TOV will share in the cost of rock fall mitigation if
any is required; and both the TOV and Timber Ridge LLC agree to conduct at least one
pre - applicant conference with the Town Council, the DRB, and the PEC prior to
submitting the initial development application. None of the above groups will be bound
by discussions in this predevelopmet conference. Two minor verbiage changes were
added in Section 3(i) and 2G. Daly moved to approve Resolution No. 24 as amended,
with a second from Newbury. The motion passed unanimously, 6 -0.
The eleventh item on the agenda was Resolution No. 25, Series of 2009, A Resolution
Approving the Development Option Agreement Between the Town of Vail, Colorado, and
OHP Vail One, LLC, Regarding the LionsHead Parking Structure Development Option
Agreement; and Setting Forth Details in Regard Thereto.
Attorney Matt Mire introduced the Resolution 25. Mark Masinter, a principle in the OHP
Vail One, LLC, stated he was committed to support the agreement. Kristen Williams
with VRI stated a commitment to lift the deed restriction had been published in the Vail
Daily and VRI was willing to be flexible. However, she stated a five year agreement was
too long and would not allow opportunities for other growth to occur. Gwen Scalpello
said the community was never really allowed to "vet" the concept. Council discussion
surrounded termination by either the town or the Developer and examining a better
defined use for non - commercial and potentially extending the building permit expectation
from 24 months to 32 months. Hitt moved to approve the resolution as read with a
second from Gordon. Foley stated he would vote no because the LionsHead Parking
Structure should remain a parking structure. Cleveland said he would vote against it
because of the existing deed restriction. Daly said he would also vote against the
resolution because he couldn't support tying up this asset. The vote failed 3 -3 (Foley,
Cleveland, Daly against). Farrow moved to table the resolution to November 3 with a
second from Gordon. The motion passed 5 -1 (Cleveland opposed).
The twelfth item on the agenda was adjournment.
There being no further business, Foley moved to adjourn with a second from Newbury.
The motion passed unanimously, 6 -0. The meeting adjourned at 10:25 p.m.
Dick Cleveland, Mayor
ATTEST:
\n 11/3/2009\n 5
Lorelei Donaldson, Town Clerk
\n 11/3/2009\n 6
Vail Town Council Meeting Minutes
Tuesday, October 27, 2009
2:00 P.M.
Vail Town Council Chambers
Members present: Dick Cleveland, Mayor
Mark Gordon
Kevin Foley
Andy Daly
Farrow Hitt
Kim Newbury
Not present: Margaret Rogers
Staff Members: Stan Zemler, Town Manager
Matt Mire, Town Attorney
Pam Brandmeyer, Assistant Town Manager
The Vail Town Council reviewed the proposed plans for redevelopment of Timber
Ridge during a joint meeting on Oct. 27. During the pre - application conference,
representatives from Vail Timber Ridge, LLC presented initial architectural
renderings showing a five -story building extending 800 feet along the five -acre
development site, which represents half the property. The conceptual
development plan includes the following components: 356 units, ranging from
390 sq. ft. for a studio up to a 960 sq. ft. for a two - bedroom, two -bath unit; five -
level parking garage, representing 1.7 parking spaces per unit; washer and dryer
in each unit; and fitness center and clubhouse. Members of the Vail Town
Council, Planning and Environmental Commission, Design Review Board, Vail
Local Housing Authority and the Timber Ridge Affordable Housing Corporation
attended the meeting.
The presentation followed approval of a pre - development agreement by the Vail
Town council that provides for the following:
• A long -term ground lease of 60 years with renewals where theTown of Vail
retains ownership of the parcel.
• A one -time up front payment of $11 million to the Town of Vail.
• A commitment to submit a complete development application to the Town
Vail by April 1, 2010.
• The development shall include 359 Employee Housing Units (EHUs),
capable of housing 570 employees.
• The western half of the site will remain operational during the
redevelopment.
\n 11/3/2009\n 1
• The Town of Vail will refund the town's construction use tax and waive all
other building and inspection fees.
• The Town of Vail will share in cost of rock fall mitigation if any is required.
• The Town of Vail agrees to reimburse the potential developer a maximum
amount of $1 million if the Town of Vail fails to deliver the property.
• Both the Town of Vail and Vail Timber Ridge, LLC agree to conduct at least
one pre - application conference with the Town Council, the Design Review
Board (DRB) and the Planning and Environmental Commission (PEC) prior to
submitting the initial development application. None of the above groups will
be bound by discussions in the predevelopment conference.
Next steps include additional meetings with the Colorado Department of
Transportation, utility representatives and the fire department prior to submittal of
the development application. Community Development Director George Ruther
indicated the development review process will take an estimated six months.
Constructed in 1981, Timber Ridge is Vail's largest employee housing complex,
consisting of 198 rental units on just over ten acres. The town acquired the
property in 2003 for $20 million to preserve the property's deed restricted
employee housing designation.
The conceptual development presentation from Oct. 27 is available on the town's
web site at vailgov.com.
The meeting was adjourned at approximately 4:15 p.m
Dick Cleveland, Mayor
ATTEST:
Lorelei Donaldson, Town Clerk
\n 11/3/2009\n 2
M.
iV f3i7 4!� T' i
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 3, 2009
ITEM /TOPIC: Town Manager's Report.
a. Revenue Update.
b. Wildland Fire Debrief.
c. Introduction of AIPP Coordinator. (Molly Eppard)
d. Timber Ridge Bond Update.
e. CDOT Letter.
PRESENTER(S): Stan Zemler
ATTACHMENTS:
Revenue Highlights
CSE Funding
Facility Owner MOU
10.29.09 CDOT Letter
\n 11/3/2009\n
TOWN OF VAIL
REVENUE HIGHLIGHTS
October 29, 2009
Sales Tax
When all sales tax returns are received for the month of September, collections
for the month are expected to be $747,506 down 10.4% from September, 2008.
Year -to -date total sales tax collections of $13.1 million are down 15.9% from
2008 and flat with the budget. Inflation as measured by the consumer price
index was down ( -1.3 %) for the month of September compared to 2008.
Use Tax
Use tax collections as of October 29, 2009 total $672,760, 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 October 29 totals $745,819 down 65% 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 50% of the total.
Revenue from non -major projects is down 26% from 2008.
Real Estate Transfer Tax (RETT)
RETT collections through October 27, 2009, total $2.1 million, compared to a full
year forecast of $2.4 million. This amount is a 67% decrease from last year due
to both major and non -major redevelopment projects. Eagle County as of
August, 2009 is down 65% in sales dollars and down 50% in the number of sales
transactions.
At this time last year, the town had collected over $6.5 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 38% down from this time last year.
Across all funds, total revenue of $35.1 million is down 21.9% year -to -date from
this time last year and down 3.5% from the budget. Town reserves total an
estimated $50.6 million.
Finance /Budget/Budget09/Town Council MV Onos /PDFConvert. 764. 1.091103_Revenue_HighliA4%409 \n - 1 -
3 -1 -1 \n
t
BBORA
COMMISSION ON SPECIAL EVENTS
MEMO:
To: Vail Town Council
From: Sybill Navas. CSE Coordinator
Date: November 3, 2009
RE: CSE Funding Allocations for 2010 Special Events in Vail
The Commission on Special Events met on Wednesday, October 28 to determine the Special Event
Funding Allocations for 2010 events. Consideration was given to applications that were submitted in
compliance with the September 14 deadline. "Grade Total" refers to the total score each event received
on the "Special Event Rating Grid" that the CSE members fill out for each proposal to assist in
reaching an objective measurement of how well the event meets the designated criteria. A spreadsheet
detailing the requests and the LSE's final decisions is attached.
The following conditions were attached to the allocations:
Participatory Sports: $20,000 funding allocation is contingent on the Participatory Sports
Group supporting the request for $8640 submitted by the RMUSSSA Softball Series.
Allocations for several holiday events, including Snow Daze, Holidays in Vail, Santa and
Friends and Holiday Gift Wrapping will be revisited early in 2010, after the 2009 events have
occurred and their event recaps have been reviewed by the CSE.
\n 11/3/2009\n
3 -2 -1 \n
2010 CSE Event Funding Allocations as of October 28, 2009
2010 Town Council Allocation: $791,810
2009 Funds 2010$$$ FINAL 2010
Start Date: Event: Producing Entity: Proposed location(s) 2010 Dates: Received: Requested: Grade TOTAL: CSE Allocation Event:
06/03/10 T Mtn Games Vail Valley Foundation Various June 3 -6 $85,000 $80,000 618 $75,000 TEVA Mtn Games
07104/10 Vail America Da Eagle Valley Events LH 8 W 4-Jul $52,000 $60,000 577 $50,000 Vail America Days
06/26/10 Vail Lacrosse Shoot -out Colorado Lacrosse Promotions Ford Park June 26- Jul 4 $10,000 $15,000 564 $10,000 Vail Lacrosse Shoot -out
04/12/10 S d back to Vail Highline Sports and Entertainment Various n1.12- 18 $70,000 $100,000 558 $55,000 Springback to Vail
09/03/10 Gourmet on Gore Highline Sports and Entertainment W Se 4-6 $54,000 $75,000 557 $50,000 Gourmet on Gore
04/07/10 Taste of Vail Taste of Vail Vanous April 7- L $20,000 $100,000 544 $20,000 Taste of Vail
09110/10 Oktoberfest IHighline Sports and Entertainment LH & VV I Sep 10- 12 LH + 17- 19 Vv $66,000 $85,000 540 $55,000 Oktoberfest
08/20/10 >Coldmdo Soul Festival Legacy Entertainment Inc Au ust 20 -22 $85,000 537 $50,000 > Colorado Soul Festival
02/14/10 CamiVail Highline Sports and Entertainment Various Feb 1420 $8,000 $30,000 525 $8,000 CamiVail
05/14/10 I>Vail Gaelic Games I Eagle Valley Events Ford Park I May 14- 161 $4Q000 509 $20,000 >Vail Gaelic Games
04/01/10 Vail Film Festival Vail Film Institute Vail and Bvr Creek ril 1-4 $57,000 $60,000 506 $45,000 Vail Film Festival
09/20/10 >Vail Restaurant Month Openers Holding Company, LLC Various Se 20- Oct 17 $60,000 496 $45,000 >Vail Restaurant Month
07/30/10 Kick -It 3v3 Soccer Tournament. I BEST Entertainment Sports & Television Ford Park Jul 30- Aug 1 L $35,000 $40,000 489 $35,000 Kick -It 3v3 Soccer Tournament
06/20/10 Vail Farmers' Market and Art. Show Meadow Drive Partnership Meadow Drive 13 Sundays: June 20- Se 12 $56,000 $70,000 483 $48,000 Vail Farmers' Market and Art Show
09/17/10 Colorado Grand Colorado Grand LH Mall 8 Vail Square Thu -Fn. Set 16. 17 $3,000 $5,000 476 $2,500 Colorado Grand
03/02/10 USSA Junior Olympics ics Ski and Snowboard Club Vail Gold Peak+ Bvr Creek Mar 2- 11 $2,000 $10,000 475 $2,000 USSA Junior Olympics
06/18/10 Kin of the Mountain Volleyball King of the Mountain Volleyball Ford Park June 1 & 20 $7,000 $15,000 470 $6,500 King of the Mountain Volleyball
06/25/10 Vail Arts Festival lEagle Valley Events LH Mall &Vail Square June 25- 27 $18,000 $25,000 466 $15,000 Vail Arts Festival
07/02/10 Lionshead Fnda Afternoon Club !Lion Merchants Association LH Mall & Vail Square 7 Fridays, Jul 2- An 13 $20,000 $30,000 457 $12,000 Lionshead Friday Afternoon Club
10/02/10 Vail
Valley a Cu Soccer Vail Valley Soccer Club Ford Park + Eagle Cty October 2-31 $2,000 $5,000 433 $1,500 Vail Valley Challenge Cup Soccer
07/16/10 Vail Antigua Festival IMC Presents w /LH Merchants Association LH Mall @ Vail Square Jul 16- 18 $6,000 $12,000 427 $4,500 Vail Antique Festival
06/25/10 Ambient Street Entertainment Resort Entertainment VV and LH 11 weeks: June 25- Se t 6 $36,825 $68,500 406 $20,000 Ambient Street Entertainment
02/04/10 2010 Unlimited Adventure Series Vail S mposium Donovan Pavilion 6 Thursda s, Feb 4- Mar 11 $3,000 $7,500 393 $0 2010 Unlimited Adventure Series
06/25/10 >Wanderk"t Festival WanderlustNelour Music Various June 25-27 $100,000 391 $0>Wanderluct Festival
12/06/10 Snow Daze Hi hline S orts and Entertainment Various Dece mber 6-12 $55,000 $100,000 389 $50,000 Snow Daze
06/26/10 BBQ Bonanza Vail Chamber and Business Association VV Saturda June 26 $12,0001 $33,187 380 $10,000 BBC Bonanza
06/12/10 ISouth of the Border Fiesta I Vail Chamber and Business Association LH Saturday, June 12 $11,000 $33,737 373 $10,000 South of the Border Fiesta
11/27/10 Holidasin Vail Eagle Valley Events Various Nov 27-Dec31 $69,185 $75,000 372 $60,000 Holidays in Vail
05/18/10 Vail Whitewater Kayak Demos Sean Glackin W Tuesda s, Ma 1 &June 22 $2,000 $5,300 368 $2,000 Vail Whitewater Kayak Demos
08/13/10 >Vail Jam The Smart Foundation Ford Park Au ust 13 -15 $100,000 355 $0 >Vail Jam
08/14/10 Sweet on Vail Vail Chamber and Business Association VV or Meadow Or Saturda Au 14 $10,000 $32,037 351 $0 Sweet on Vail
Partici for Sports Group Vail Valley Partnership Various N/A $20,000 345 $20,000 Participatory Sports Group
02/12/10 >Vartccuver 2010 "Vail Style" Colorado Ski Museum W Feb 1 28 $22,000 318 $5,000 >Vanc ver 2010 "Vail Style'
06/05/10 'RMUSSSA Softball Series RMUSSSA Ford Park June 5 -6 + Se 2- 4 -6 $8,640 295 $0 >RMUSSSA Softball Series
12/27/10 Holiday Ice Show IThe Skating Club of Vail Dobson Dec 27-281 $5,200 $7,000 265 $2,000 Holiday Ice Show
05/29/10 >LH Retail /Sho in Extrav a Vail Chamber and Business Association LH Ma 29- 31 $3,200 252 $0 >LH Retail /Shopping Extravaganza
03/13/10 >Co Middle School Wrestlin Q alifier Rocky Mountain Nationals Dobson 13 -Mar $6,500 220 $0 >Co Middle School Wrestling Qualifier
11/27/10 Holida Dine -A -Round Vail Chamber and Business Association Vail Restaurants Nov 27- Dec .16 $1,150 $1,200 218 $0 Holiday Dine -A -Round
11/27/10 Santa and Friends Vail Chamber and Business Association Various Nov 27- Dec 16 $5,000 $5,000 203 $0 Santa and Friends
11/27/10 Holida Gift W ra in Vail Chamber and Business Association Various Nov 27- Dec 16 $2 450 $2 500 194 $0 Holiday Gift Wrapping
Total Event Allocations: $1,633,301 $789,000
>New Events or existing events that are requesting CSE Funding for the first time
Administrative Allocations:
Coordinator Salary and Benefits (General Fund: Town of Vail Payroll)
Office and Meeting Expenses $3,500 $3,000
Total Administrative Allocations: $3,500 $3,000 $2,810
TOTAL ALLOCATIONS: $1,636,301 $791,810
CSE Funds Remaining: ($844,491) $0
Holidays: $137.985 S19U.7�'�ii $112,000
\n 11/3/2009 \n
3 -2 -2 \n
FACILITY OWNER'S MEMORANDUM OF
UNDERSTANDING
FOR THE GOVERNOR'S ENERGY OFFICE ENERGY
PERFORMANCE CONTRACTING PROGRAM
OF ��1
0
S INE Nt3M�
1876
THE GOVERNOR'S ENERGY OFFICE
1580 Logan Street, Suite 100
Denver, CO 80203
PLEASE SIGN THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
\n 11/3/2009\n
3 -3 -1 \n
FACILITY OWNER MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made this _ day of
in the year 2008 between the State of Colorado Governor's Energy Office,
hereinafter called GEO, and, hereinafter called the Facility Owner.
WHEREAS, GEO, through its Energy Performance Contracting Program, used a state -
approved Request for Proposals (RFP) process to select Energy Service Companies (ESCOs)
to provide as- needed energy performance contracting services; and
WHEREAS, GEO will maintain a list of pre - qualified ESCOs that are eligible for final
selection by Colorado's state and local governments to provide performance contracting
services.
NOW, THEREFORE, it is agreed that:
1. Purpose of MOU. The purpose of this MOU is to provide Facility Owner access to the
services and support provided under the Colorado Governor's Energy Office Energy
Performance Contracting Program to assist in the development and implementation of
Energy Performance Contracting (EPC) projects and to encourage the Facility Owner to
follow and adhere to the guidelines of the program.
2. Term of MOU. This MOU becomes effective on the date signed by the Facility Owner
and shall terminate on June 30, 2010, unless the Facility Owner elects to terminate it sooner
3. Consideration. In consideration for the services rendered by the GEO under this MOU,
the Facility Owner shall engage in a good faith effort to reduce its energy consumption
through participation in the GEO EPC Program and follow and generally adhere to its
guidelines, rules, and provisions.
4. Responsibilities of Facility Owner. The responsibilities of the Facility Owner include:
a. Agree to program participation by executing a Facility Owner Memorandum of
Understanding and engage the GEO EPC Program for assistance in project
development
b. Select an ESCO from GEO's current pre - qualified list, using a secondary selection
process that fulfills Facility Owner's procurement policies.
c. Assign members to the facility project team including operations, maintenance,
financial and upper management personnel
d. Ensure appropriate personnel attend project development meetings dependent upon
the subject matter to be discussed
e. Provide access and escort to buildings under reasonable conditions
Colorado Governor's Energy Office Page 2
Colorado Energy Performance Contracting Program
Facility Owner's MOU \n 11/3/2009 \n
3 -3 -2 \n
f Provide information as needed for the feasibility study, the Technical Energy Audit,
and other project development activities
g. Work with ESCO to develop /refine project parameters
h. Review /approve ESCO proposals, designs, and reports
i. Ensure recommendations of the GEO EPC Program during reviews are addressed to
the extent that such recommendations are reasonable
j . Make payments for ESCO services per contract terms
k. Make arrangements for project financing
1. Provide project management
m. Provide information as needed for measurement and verification activities.
5. Responsibilities of GEO EPC Program. The responsibilities of the GEO EPC Program
include, but are not necessarily limited to:
a. Actively promote the program and educate potential participants about the benefits
and implementation of energy performance contracts.
b. Work with Facility Owners to become program participants and to commit to a
Facility Owner MOU
c. Help Facility Owner procure services of an ESCO from the pre - qualified list
d. Provide information on the website for currently pre - qualified ESCOs, as provided
and updated by the ESCO, providing a link to the ESCO's website for more detailed
information.
e. Help Facility Owner develop and initiate a performance contracting project
f Facilitate the performance contracting process, to help ensure commitments are met
by both the Facility Owner and the ESCO
g. Provide technical guidance to the Facility Owner, attending on -site meetings
between the Facility Owner and ESCO as needed
h. Help develop the GEO EPC Program Standard Technical Energy Audit and Energy
Performance contracts with facility owner amendments as needed, for each project
i. Review audits, proposals, calculations, contracts, and measurement and verification
reports
j. Monitor project implementation
k. Identify solutions to mediate any conflicts between Facility Owner and ESCO.
Colorado Governor's Energy Office Page 3
Colorado Energy Performance Contracting Program
Facility Owner's MOU \n 11/3/2009 \n
3 -3 -3 \n
6. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU EVER BE
CONSTRUED OR INTERPRETED AS CREATING, A BINDING AND LEGALLY
ENFORCEABLE CONTRACT BETWEEN THE PARTIES. THERE WILL BE NO
LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY IN THE
EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF
THIS MOU. THE SOLE REMEDY FOR THE FAILURE OF A PARTY TO FULLY
COMPLY WITH THE PROVISIONS OF THIS MOU WILL BE TERMINATION OF THIS
MOU.
7. Signatures In witness thereof, the parties to this MOU, either personally or through their
duly authorized representatives, have executed this MOU on the days and dates set out
below, and certify that they have read, understood, and agreed to the terms and conditions of
this MOU.
COLORADO GOVERNOR'S ENERGY OFFICE
Thomas Plant, Director Date
Joel Asrael, Program Manager Date
FACILITY OWNER
Name (print)
Signature Date
PLEASE SIGN AND DATE THREE (3) COPIES AND RETURN TO:
GOVERNOR'S ENERGY OFFICE
ATTN: SEAN MANDEL
1580 LOGAN ST, SUITE 100
DENVER, CO 80203
Colorado Governor's Energy Office Page 4
Colorado Energy Performance Contracting Program
Facility Owner's MOU \n 11/3/2009 \n
3 -3 -4 \n
CONTACT INFO SHEET
Please complete the following form and include with your MOU. This information is
for GEO use only and will not be shared.
Primary Contact Info
Name
Title
Phone
Email
Address
Proiect Info
Type of facilities included in your project
1.
2.
3.
4.
5.
Have you selected an ESCO? Yes No
(ESCO)
Please list any immediate needs you have related to your performance contract.
Colorado Governor's Energy Office Page 5
Colorado Energy Performance Contracting Program
Facility Owner's MOU \n 11/3/2009 \n
3 -3 -5 \n
OVAIL TOWN
Town Manager
October 29, 2009
Dear Peter:
Thanks for taking the time to meet with Greg and I on October 21, 2009 to
discuss how the Town would like to move forward managing the Frontage
Roads.
The Town of Vail is proposing a phased approach to the continued progress
regarding the Vail Frontage Roads. Since meeting last fall with the CDOT staff
and subsequently the Federal Highway Administration in March, the town has
made progress with the Frontage Road parking situation. In 2008/2009 there
were 48 overflow parking days. Through an aggressive parking management
program this last year the number of overflow days were only 24 even though
total skier visits were slightly more than the previous year. It is the town's goals to
provide adequate parking, along with aggressive management strategies to have
15 or less days of overflow parking during any 150 day ski season. In addition to
the management strategies, the town of Vail completed a parking intercept
survey to help provide insight to users preferences. We hired a consultant to
prepare a feasibility study of expanding parking at Ford Park and this has been
completed. The next steps for the town will include reviewing all of are parking
alternatives including the frontage roads before any final decisions are made.
As was discussed and agreed that the Frontage Roads can not be used at will
during the 09/10 season without a long -term plan. Though the Town desires to
avoid overflowing the existing parking structures less than 15 days this upcoming
season, it is being realistic that overflow on the Frontage Roads is likely. It would
be important that we formalize our agreements in an Intergovernmental
Agreement as we move forward. We see the Intergovernmental Agreement
taking a phased approach with the first phase to include the following
1) The (09110) ski season operating plan
This plan would consist of two parts, overflow parking structure skier parking and
permit construction parking.
75 South Frontage Road • Vail, Colorado 81 657 • 970 - 479 -21061 / FAX 970- 479 -2157 • www. vailgov. com
\n 11/3/2009 \n
HE(.YC,LF.D P.4YF.H
A 3 -4 -1 \n
This is a stopgap plan that allows use of the Frontage Road for the 09/10 season
using a simplified cost structure. We propose $20,000 flat fee to be funded by
Vail Resorts.
2) Frontage Road ownership
The Town of Vail needs additional information related to the $11M offered by
CDOT to take ownership of the Frontage Roads through the Maintenance
Incentive Pilot Program. Major concerns are that amount will not cover long term
capital costs, and TOV is reluctant to commit to taking ownership for the
Frontage Roads until they can do some more investigation of roadway surface
condition and underlying base stability, the intermountain planning region
prioritized yet unfunded Vail Frontage Road project and better understand how
the Frontage Roads could be utilized as an asset. The cost review will be
completed by September 2010.
The Town and CDOT agree to discuss a phased approach to a potential handoff
of the Frontage Road as appropriate. The agreement should provide a means for
a further refinement /discussion about the Town acceptingltaking over "logical"
portions of the Frontage Road.
3) Long Term Parking Studies
At the recent presentation of the feasibility of building a parking garages in Ford
Park, the Town Council directed Town Staff to further investigate all viable
parking options (including parking on the Frontage Road after taking ownership)
We Commit, the Town of Vail, in the further investigation of parking structures vs
Frontage Road parking to be completed by September, 2010.
Subsequent Phases may consist of a more elaborate parking pilot program,
possible handoff of "logical" portions of the Frontage Road, and/or more
restrictive parking.
CDOT within two weeks of this proposal, will either concur with, or work with the
Town to refine before submitting to the FHWA. With FHWA's support of the
proposal, CDOT will enter into an IGA with the Town of Vail to formalize and
further refine the logistics of implementing the proposal.
We hope this letter will be accepted as the Town's proposal letter to begin the
IGA process. If you have any questions, please contact Greg at
ghall@vailgov.com and copy myself at szemler @vailgov.com.
Sin rely
Sta. emler
Vail Town Manager
\n 11/3/2009\n
3 -4 -2 \n
l
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VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 3, 2009
ITEM /TOPIC: PEC /DRB Update
PRESENTER(S): Warren Campbell
ATTACHMENTS:
October 21, 2009 DRB Meeting Results
October 26, 2009 PEC Meeting Results
\n 11/3/2009\n
DESIGN REVIEW BOARD AGENDA
PUBLIC MEETING
�Y1rt oVivAl October 21, 2009
TOW Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
PROJECT ORIENTATION 2:00pm
MEMBERS PRESENT MEMBERS ABSENT
Mike Dantas
Tom DuBois
Pete Dunning
Brian Gillette
Libby Plante
SITE VISITS
Tour of Solaris Construction Project — 143 East Meadow Drive
PUBLIC HEARING — TOWN COUNCIL CHAMBERS 3:00pm
There are no new items being heard. A review of Staff Denials and Staff Approvals will occur.
The Board and Staff discussed potential topics for training sessions in the coming months.
STAFF DENIALS
Lauridsen Residence DRB090351 Bill
Final review of a minor exterior alteration (deck enclosure)
265 Forest Road /Lot 21, Block 7, Vail Village Filing 1
Applicant: Scott Smith
STAFF APPROVALS
Melt Bath & Skin Care DRB090320 Rachel
Final review of a sign (business identification)
163 Gore Creek Drive /Lot A, Block 5B, Vail Village Filing 1
Applicant: David Fischer
Vail Valley Medical Center DRB090387 Warren
Final review of a minor exterior alteration (parking lot)
181 West Meadow Drive /Lots E & F, Vail Village Filing 2
Applicant: Mauriello Planning Group
North Day Lot Employee Housing DRB090432 Warren
Final review of changes to approved plans (facade)
600 West Lionshead Circle /Block 1, Vail Lionshead Filing 1
Applicant: Mauriello Planning Group
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Willard Residence DRB090435 Bill
Final review of changes to approved plans (roof, retaining walls, stairs)
454 Beaver Dam Road /Lot 5, Block 2, Vail Village Filing 3
Applicant: Lynn Fritzlen
Loaded Joe's DRB090458 Rachel
Final review of a sign (business identification and menu)
227 Bridge Street, Unit C /Lot B, Block 5B, Vail Village Filing 1
Applicant: Kent Beidel
Lionshead Restrooms DRB090459 Warren
Final review of a sign (sign program)
560 East Lionshead Circle /Lot 2, Lionshead 6 th Filing
Applicant: Kyle Griffith
Cascade Village Skier Bridge DRB090462 Warren
Final review of a minor exterior alteration (solar panel)
Cascade Village /Unplatted
Applicant: Steven Banks
Gingrich Residence DRB090464 Warren
Final review of a minor exterior alteration (driveway)
4887 Juniper Lane, West Unit/Lot 7 -A, Block 4, Bighorn 5th Addition
Applicant: Holy Cross Building & Design
Yingling Residence DRB090465 Warren
Final review of a minor exterior alteration (re -roof)
1050 Homestake Circle /Lot 5, Block 1, Vail Village Filing 8
Applicant: The Roofing Company
Reiss Residence DRB090468 Warren
Final review of a minor exterior alteration (gutters, heat tape and snow stops)
1784 Matterhorn Circle /Lot 3, Vail Village West Filing 2
Applicant: Helmut Reiss
Drescher Residence DRB090469 Warren
Final review of a minor exterior alteration (a /c condenser)
244 Wall Street, Unit R1 /Block 5C, Vail Village Filing 1
Applicant: Boymer Construction
Bakalar Residence DRB090473 Rachel
Final review of an addition (exercise room)
780 Potato Patch Drive /Lot 17, Block 1, Vail Potato Patch
Applicant: Nedbo Construction
Bridge Street Lodge DRB090476 Warren
Final review of a minor exterior alteration (re -roof)
278 Hanson Ranch Road /Lot 2, Block 5C, Vail Village Filing 1
Applicant: John Everly
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Van Beelen Residence DRB090478 Warren
Final review of a minor exterior alteration (doors)
2337 Garmisch Drive /Lot 19, Block H, Vail Das Schone Filing 2
Applicant: Jennifer Van Beelen
B Times Five LLC Residence DRB090479 Warren
Final review of a minor exterior alteration (landscaping)
2355 Bald Mountain Road /Lot 25, Block 1, Vail Village Filing 13
Applicant: B Times Five LLC
McKeeta /Kramer Residence DRB090480 Warren
Final review of a minor exterior alteration (landscaping)
1808 Alpine Drive /Lot 14, Vail Village West Filing 1
Applicant: Eagle Tree & Lawn Co
Lindsay Residence DRB090481 Warren
Final review of a minor exterior alteration (re -roof)
3907 Lupine Drive /Lot 3, Block 1, Bighorn 1st Addition
Applicant: G &G Roofing
New Spring Hill Lane LLC Residence DRB090483 Warren
Final review of a minor exterior alteration (landscaping)
1537 Spring Hill Lane /Lot 13, Block 3, Vail Valley Filing 1
Applicant: Mike Guzik
Atefi Residence DRB090484 Rachel
Final review of changes to approved plans (windows, hot tub)
1468 Vail Valley Drive /Lot 17, Block 3, Vail Valley Filing 1
Applicant: KH Webb Architects
1439425 Ontario Inc Residence DRB90485 Warren
Final review of a minor exterior alteration (re -roof)
1380 Westhaven Circle, unit A /Lot 22, Glen Lyon Subdivision
Applicant: Heid Remodeling & Construction
Winterstorm Residence DRB090486 Warren
Final review of a minor exterior alteration (repaint)
2039 B Sunburst Drive /Lot 16, Vail Valley 3 Filing
Applicant: Chad Alcock
Higbie Residence DRB090487 Warren
Final review of a minor exterior alteration (landscaping)
353 and 355 Mill Creek Circle /Lot 15, Block 1, Vail Village Filing 1
Applicant: Joshua Hubacher
Higbie Residence DRB090490 Warren
Final review of a minor alteration (re -roof)
355 Mill Creek Circle /Lot 15, Block 1, Vail Village Filing 1
Applicant: Brian Counselman
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Tuft Residence DRB090491 Warren
Final review of a minor alteration (re -roof)
4595 E Bighorn Road, #5 /Lot 5, Bighorn 3 d Addition
Applicant: Charlie Tuft
Moe's Original BBQ DRB090492 Warren
Final review of signage (awning)
616 W Lionshead Circle /Lot 1, Vail Lionshead Filing 4
Applicant: Ben Gilbert
Dau phi nais - Moseley Subdivision Open Space DRB090493 Warren
Final review of a minor exterior alteration (landscaping)
1400 Block of Moraine Drive /Dauphinais - Moseley Filing 1
Applicant: Paul Golden
Bass Residence DRB090494 Warren
Final review of minor exterior alteration (driveway)
312 Mill Creek Circle /Lot 5, Block 1, Vail Village Filing 1
Applicant: Chas Bernhardt
Vail Golf Course Pump House DRB090495 Bill
Final review of minor exterior alteration (facade)
1980 South Frontage Road East/Unplatted
Applicant: Scott O'Connell
McKeeta Residence DRB090496 Warren
Final review of minor exterior alteration (gutters)
1808 Alpine Drive /Lot 14, Vail Village West Filing 1
Applicant: Gordon McKeeta
Delk 2006 Family Trust Residence DRB090497 Warren
Final review of minor exterior alteration (re -roof)
1710 Buffehr Creek Road /Lot 2, Lia Zniemer Subdivision
Applicant: Plath Construction
Criss Residence DRB090499 Warren
Final review of a minor exterior alteration (re -roof)
5119 Gore Circle /Lot 8, Block 2, Bighorn 5th Addition
Applicant: Erik Criss
Davis Residence DRB090500 Bill
Final review of changes to approved plans (deck braces)
302 Hanson Ranch Road, Units 402 & 403 /1-ot I, Block 5A, Vail Village Filing 5
Applicant: Snowdon & Hopkins Architect
McGrath Residence DRB090501 Warren
Final review of a minor exterior alteration (re- paint)
4816 Juniper Lane /Lot 1A, Block 5, Bighorn 5th Addition
Applicant: Bruch McGrath
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Smith Residence DRB090503 Warren
Final review of a minor exterior alteration (landscaping)
1460 Buffehr Creek Road /Lot 5A -5F, Ridge at Vail
Applicant: Fred Smith
Stevens Residence DRB90504 Warren
Final review of a minor exterior alteration (windows)
2518 Arosa Drive /Lot 9, Block C, Vail Das Schone Filing 1
Applicant: Gary Stevens
Reimers Residence DRB090505 Bill
Final review of a minor exterior alteration (patio, stone, foundation)
3090 Booth Creek Drive /Lot 8, Block 3, Vail Village Filing 11
Applicant: Piper Architecture
Mueller Residence DRB090510 Jen
Final review of a minor exterior alteration (landscaping)
910 Fairway Drive /Lot 8B, Vail Village Filing 10
Applicant: Ann Marie Mueller
Dayton Residence DRB090511 Bill
Final review of changes to approved plans (driveway)
344 Beaver Dam Road /Lot 10, Block 2, Vail Village Filing 3
Applicant: George Shaeffer Construction
Switzer Family LP DRB090512 Warren
Final review of a minor exterior alteration (water drain)
223 East Gore Creek Drive /Lot A, Block 5B, Vail Village Filing 1
Applicant: Highland Builders
Linda B Morris Rev Trust Residence DRB090514 Jen
Final review of a minor exterior alteration (landscaping)
5117 Main Gore Drive /Lot 5, Block 1, Bighorn 5th Addition
Applicant: A Cut Above Forestry
Grappa Wines DRB090515 Warren
Final review of a minor exterior alteration (windows)
100 East Meadow Drive, Unit 31 /1-ot O, Block 5D, Vail Village Filing 1
Applicant: Christopher Neilson
Sample Residence DRB090516 Warren
Final review of a minor exterior alteration (door, landing)
1881 Lionsridge Loop, Unit 13 /1-ot 1, Block 3, Lions Ridge Filing 3
Applicant: Michael Sample
Wilderness Wonders Gallery DRB090517 Rachel
Final review of a sign (business identification)
183 Gore Creek Drive, Unit 3A /Lot A, Block 5B, Vail Village Filing 1
Applicant: Tony Newlin
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MCBG LLC Residence DRB090518 Warren
Final review of a minor exterior alteration (deck)
1598 Golf Terrace, Unit 38 /1-ot 1, Sunburst Filing 3.
Applicant: Jeff Lutz Builders
Stalder Residence DRB090519 Warren
Final review of a minor exterior alteration (deck)
1568 Golf Terrace, Unit 50 /1-ot 1, Sunburst Filing 3
Applicant: Jeff Lutz Builders
Vista Bahn Building DRB090523 Warren
Final review of a minor exterior alteration (re- paint)
298 Hanson Ranch Road /Lot C, Block 2, Vail Village Filing 1
Applicant: Demetrius Poulios
Interlochen Condos DRB090524 Warren
Final review of a minor exterior alteration (landscaping)
2958 South Frontage Road West/Lot 4, Block 5, Vail Intermountain
Applicant: Abel Forestry
The applications and information about the proposals are available for public inspection during regular office
hours in the project planner's office, located at the Town of Vail Community Development Department, 75
South Frontage Road. Please call 479 -2138 for information.
Sign language interpretation available upon request with 24 hour notification. Please call 479 -2356,
Telephone for the Hearing Impaired, for information.
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PLANNING AND ENVIRONMENTAL COMMISSION
October 26, 2009
1:OOpm
MO OVAI
TOWN COUNCIL CHAMBERS / PUBLIC WELCOME
75 S. Frontage Road - Vail, Colorado, 81657
MEMBERS PRESENT MEMBERS ABSENT
Rollie Kjesbo David Viele
Michael Kurz
Scott Lindall
Sara Paladino
Bill Pierce
Susie Tjossem
Site Visits:
No Site Visits
Training:
1. Housing Zone District regulations and process — preparation for October 27, 2009
Joint Work Session scheduled to begin at 2:00 PM. 20 minutes
Bill Gibson gave a power point presentation on the Planning and Environmental Commission's
role in reviewing development projects in the Housing District. He further highlighted the
regulations contained within the district.
The Commission thanked Staff for the presentation. There were no questions from the
Commissioners.
There was no public comment.
180 minutes
2. A request for a final recommendation to the Vail Town Council for prescribed regulations
amendments to Title 12, Zoning Regulations and Title 14, Development Standards, Vail Town
Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to provide regulations that will
implement sustainable building and planning standards, and setting forth details in regard
thereto. (PEC090028)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to November 9, 2009
MOTION: Kjesbo SECOND: Kurz VOTE: 6 -0 -0
Rachel Friede made opening comments, introducing the proposed text amendments per the staff
memorandum.
Commissioner Kurz suggested that the goal of "ensuring public support' should be revised to
either "garner' or "solicit" public support, as ensuring support was likely not achievable by the
Commission.
Commissioner Pierce commented that at the last public hearing on this issue, it was discussed
that the topics of sustainability might be best if included within the Building Code.
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Rachel Friede stated that there were several site planning and design issues which needed to be
included within the Zoning Code.
Rachel Friede then made a presentation per the Staff memorandum on item #1, stream
setbacks.
Commissioner Kurz asked about the drainage from construction sites into streams.
Rachel Friede stated that erosion control methods such as sediment fences and straw bales
would prevent drainage from construction sites into streams.
Dominic Mauriello, representing Vail Resorts, requested that the Commission think about what
occurs on the Gore Creek Promenade. He used the example of Red Sandstone Creek and the
need to restore this watercourse. He suggested restoration be added to exemptions from the
stream setback. He highlighted the fact that the proposed regulation has differing impacts in the
urban cores and the outlying residential zones. He stated that some residential homes would be
impacted differently depending on how wide the creek was adjacent to or on their property.
Jim Lamont, representing Vail Homeowners Association, stated that Mr. Mauriello's observations
were good ones. He added that there are many areas identified by the Town's founders
identified where bringing people closer to the creek was preferred, such as the Gore Creek
Promenade. He suggested creating the ability to make improvements in the stream setback that
does not include hardscape improvements.
Nicholas Buchanan, Vail Resorts Development Company, suggested that while the proposed
code changes are positive for residential projects and neighborhoods, the impacts in the urban
core are substantial.
Commissioner Kjesbo asked if the Town had been having problems with setbacks and
improvements.
Rachel Friede and Warren Campbell explained that the issue is a lack of clarity as to what can
be built and disturbed in the watercourse setback.
Commissioner Kjesbo stated a homeowner should be able to select the landscaping of their
choice on their property. He agreed with preventing construction disturbance too close to the
creek. He suggested a maximum amount of buffer.
Commissioner Pierce stated his concern about willows and Mountain Ash being too
impenetrable for views to and from watercourses. He suggested that people would not even
know that Gore Creek is there if the native vegetation was on both sides of a creek for 100 feet.
Commissioner Lindall agreed with the previous comments. He suggested there was a
differentiation between stream walks and gathering places like the Gore Creek Promenade, and
residential areas.
Commissioner Tjossem suggested that the regulations needed to take into account that the
economy and residents need access to the creeks in town.
Rachel Friede and Kristen Bertuglia then made a presentation per the Staff memorandum on
item #2, wetlands.
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Dominic Mauriello stated that wetlands are currently highly regulated by the Army Corps of
Engineers. In the past, the Town has deferred to the Army Corps and he suggests continuing to
rely upon the Corps. He discussed the impacts to residential versus the urban cores. On many
residential lots, a 10 -foot setback can be very impactful to the development on the site. If
changed, he suggested that including language about replacement and restoration. He further
added that the golf course could be impacted by the stream setback and wetlands proposed
changes.
Jim Lamont stated his concern that this proposal eludes that wetland protection has not been
occurring. He said he is proud, with a few exceptions, of the protection, restoration, and creation
of wetlands within this community. Lamont suggested that each site should have an individual
plan to prohibit run -off without treatment, rather than a required setback. He noted that in urban
areas, drainage went directly into the creeks, but as a part of the streetscape improvements,
devices were added to filter the water. He believes a focus on design solutions would be
preferred versus a prescribed setback.
Commissioner Kjesbo asked if there had been any problems thus far with the regulations. He
suggested that the Army Corps be utilized for review.
Commissioner Kurz stated that there are so many differing treatments and interactions of
properties and the creeks. He suggested that the design review process would address these
issues.
Commissioner Lindall stated that 10 feet does matter on a site. He suggested that the Design
Review Board needs to be reviewing each case individually.
Commissioner Pierce stated there may be a need to go a level further in those areas where
creeks and wetlands have been impacted to improve them moving forward. He does not believe
there needs to be additional regulation.
Rachel Friede and Kristen Bertuglia made a presentation on item #3, roof design.
Commissioner Pierce asked Martin Haeberle, the Chief Building Official, to address the changes
made to the Building Code regarding snow shedding.
Martin Haeberle, Chief Building Official, stated there was a provision in the newly adopted
Building Code to address snow shedding, but that provision does not address the location of
snow shedding. .
Commissioner Pierce stated redundant regulations are not necessary.
Jim Lamont asked how the hundreds of balconies in the Town that collect and shed snow would
be handled moving forward.
Nicholas Buchanan stated his concern over making any guarantee that snow "shall' not shed.
He believes heat tape and other methods are necessary for limiting snow shedding.
Rachel Friede clarified that the proposed regulation would not prohibit heat tape. The goal is to
design the roof correctly.
Dominic Mauriello highlighted the design standards which allow tall buildings and require sloping
roof forms. He noted flat roof forms are not permitted in large amounts.
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Commissioner Pierce stated that there are two issues: safety and energy usage with regard to
heat tape.
Martin Haeberle clarified the Building Code requirements regarding energy usage and heat tape.
Commissioner Pierce suggested that the existing text should remain.
Commissioner Kurz asked about increased liability to the Town if the language is required to be
a "shall'. He stated that managing the weather and environment is tough.
Commissioner Lindall believes the "should" is good design language as it leaves the design to
the architect and not a third party.
Rachel Friede and Kristen Bertuglia made a presentation on item #4, roof materials.
Jim Lamont suggested that there needs to be additional changes to the roofing requirements for
glare and reflectivity to address projects like the Dobson Ice Arena.
Commissioner Pierce suggested the thickness on the tab edge was the concern, not the
longevity. He clarified that single, double, and tri- laminate shingles could achieve this goal.
Commissioner Lindall stated that there are plenty of 40 -year shingles which are not aesthetically
pleasing.
Rachel Friede and Kristen Bertuglia made a presentation on item #5, tree removal.
Dominic Mauriello revisited a past discussion when he was a planner with the Town regarding
tree removal on heavily forested lots. He stated concern about the replacement of trees on a lot
that is heavily wooded and the financial impact. He brought up a scenario where a homeowner
voluntarily plants a tree, and then is required to replace it years later.
There was concern from Commissioners Kjesbo and Pierce regarding replacement of trees
removed for the development of the site.
Commissioner Tjosem commented on the fact that trees grow over time and have different
impacts over time.
Commissioner Lindall stated that trees should be planted back on -site and not required off -site.
That would become a tree tax with significant financial impacts.
Commissioner Pierce suggested that the role of Design Review Board is to review the removal
and replacement of trees on a property.
Commissioner Kurz stated he likes trees and he does not believe we should be regulated trees
in addition to what is required today.
Commissioner Paladino suggested that the role of the Design Review Board is to review
landscaping plans.
Rachel Friede and Kristen Bertuglia made a presentation on item #6, solar panels.
Commissioner Kurz believed that the focus should be on the efficiency and optimization. He was
concerned with the design of multiple solar panels in an urban setting.
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Commissioner Lindall gave an example of a Bachelor Gulch home with evaporative tubes that
are not aesthetically pleasing.
Rachel Friede and Kristen Bertuglia made a presentation on item #7, snowmelt incentives.
Jim Lamont stated he has been receiving many complaints from his constituents regarding the
size of homes and the associated infrastructure ie, driveways. He said there is too much
hardscape on some sites and there needs to be a penalty for the extreme amounts of hard
surfaces.
Dominic Mauriello agreed with not including commercial within this regulation. He said people
do not put in snowmelt systems because of a lack of snow storage. He suggested reducing the
amount of snow storage required in conjunction. He suggested increasing the maximum slope
of a driveway before requiring heating. There are many steep lots in Town which require steeper
driveways to meet setbacks.
Commissioner Kjesbo said he does not have a concern with the definition of landscaping not
including heated pavement.
Commissioner Pierce asked what is the real goal of driveways, landscaping, and tree
replacement.
Commissioners Kjesbo and Pierce suggested that there may or may not need to be changes to
the driveway slope requirements.
Rachel Friede and Kristen Bertuglia made a presentation on item #8, construction waste
management.
Commissioner Kurz expressed his support for this proposal because it causes people to think
about recycling.
There was no public comment.
Rachel Friede and Kristen Bertuglia made a presentation on item #9, optional measures.
Commissioner Kurz suggested that it would be great if each of the options had a point assigned
to them and to encourage obtaining more points by reducing fees for permits.
Commissioner Pierce suggested that vegetative roofs may not be appropriate in the Town of
Vail. He said if they worked so well, there would be more vegetated roofs. However, he stated
that vegetated roofs cost more, fail more often, and have increased maintenance.
Commissioner Lindall liked the format of allowing people to select options out of a list which they
may feel are more important. He suggested turning some of the mandatory items into options
such as heated driveways.
Commissioner Tjossem suggested that a program be created that allows for an offset of our
standard procedures. She suggested baby steps such as education, incentives, rewards, and
regulations.
Commissioner Pierce suggested some credit for solar gain, increased U -value on windows, and
other easy upgrades.
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Commissioner Kjesbo asked that whatever is recommended be reviewed by the Building and
Fire Departments for acceptability prior to codification.
Commissioner Paladino suggested that the last sentence under radiant floors be stricken.
Kristen Bertuglia asked if the Commission agreed with a point system.
The Commission suggested points be weighted based on impacts. For example, a project that
includes geothermal would not have to do any other measures.
5 minutes
3. A request for final review of conditional use permits, pursuant to Section 12 -71 -5, Conditional
Uses: Generally (On All Levels Of A Building Or Outside Of A Building), Vail Town Code, to allow
for the development of a public or private parking lot (parking structure); a vehicle maintenance,
service, repair, storage, and fueling facility; a ski lift and tow (gondola), within "Ever Vail' (West
Lionshead), located at 862, 923, 934, 953, and 1031 South Frontage Road West, and the South
Frontage Road West rig ht-of-way/U n platted (a complete legal description is available for
inspection at the Town of Vail Community Development Department), and setting forth details in
regard thereto. (PEC080063)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to November 23, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
5 minutes
4. A request for a final review of major exterior alterations, pursuant to Section 12 -71 -7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the redevelopment of the area known
as "Ever Vail' (West Lionshead), with multiple mixed -use structures including but not limited to,
multiple - family dwelling units, fractional fee units, accommodation units, employee housing units,
office, and commercial /retail uses, located at 862, 923, 934, 953, and 1031 South Frontage
Road West, and the South Frontage Road West rig ht-of-way/U nplatted (a complete legal
description is available for inspection at the Town of Vail Community Development Department),
and setting forth details in regard thereto. (PEC080064)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to November 23, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE 6 -0 -0
5 minutes
5. A request for a final recommendation to the Vail Town Council for prescribed regulation
amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12-
10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include
"Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details
in regard thereto. (PEC080065)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to November 23, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
5 minutes
6. A request for a final recommendation to the Vail Town Council for a zone district boundary
amendment, pursuant to 12 -3 -7, Amendments, Vail Town Code, to allow for a rezoning of
properties from Arterial Business District and unzoned South Frontage Road West right -of -way
which is not zoned to Lionshead Mixed Use -2, properties known as "Ever Vail' (West
Lionshead), located at 953 and 1031 South Frontage Road West and South Frontage Road
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West right -of -way, (a complete legal description is available for inspection at the Town of Vail
Community Development Department), and setting forth details in regard thereto. (PEC080061)
Applicant: Vail Resorts, represented by Mauriello Planning Group, LLC
Planner: Warren Campbell
ACTION: Tabled to November 23, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
5 minutes
7. A request for a work session to discuss prescribed regulations amendments, pursuant to Section
12 -3 -7, Amendment, Vail Town Code, to Title 12, Zoning Regulations, Vail Town Code, and
setting forth details in regard thereto. (PEC090017)
Applicant: Town of Vail
Planner: Rachel Friede
ACTION: Tabled to November 9, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
5 minutes
8. A request for a final recommendation for the adoption of the Frontage Road Lighting Master
Plan, an element of the Vail Transportation Master Plan, and setting forth details in regard
thereto. (PEC090014)
Applicant: Town of Vail, represented by Tom Kassmel
Planner: Bill Gibson
ACTION: Tabled to November 9, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
5 minutes
9. A request for a work session to discuss a conditional use permit, pursuant to Section 12 -9C -3,
Conditional Uses, Vail Town Code, to allow for the construction of public buildings and grounds
(fire station), located at 2399 North Frontage Road /Parcel A, Resub of Tract D, Vail Das Schone
Filing 1, and setting forth details in regard thereto. (PEC090019)
Applicant: Town of Vail
Planner: Bill Gibson
ACTION: Tabled to November 9, 2009
MOTION: Tjossem SECOND: Kjesbo VOTE: 6 -0 -0
10. Approval of October 12, 2009 minutes
MOTION: Kjesbo SECOND: Tjossem VOTE: 6 -0 -0
11. Information Update
There was discussion regarding the medical marijuana dispensary recommendation and the
differentiation regarding the land use (role of the PEC) and the social /moral issues reviewed by
the Town Council.
Specifically Commissioner Tjossem, expressed concern that The Town Council and the
Community may not have clear about the role of the Commission in reviewing the medical
marijuana dispensary as an appropriate land use. She stated that she wished it had been
clearer that the Commission was not provided some of the same materials in making their
decision, such as the letter from the Police Chief expressing his concerns, nor any concerned
public. She understood that the Commission was reviewing the proposal on its merits as a land
use and not the moral or social issue surrounding the land use. She concluded by clarify that the
Commission's recommendation was based upon the criteria they review Code text amendments
by and was a recommendation on were the new land use would be appropriate if the Town
Council choose to pass the Code text amendment.
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George Ruther updated the Commission with regard to the outcomes of the impact fee
discussion. He further discussed the joint work session meeting on the 27 and the need to
participate.
12. Adjournment
MOTION: Kurz SECOND: Lindall VOTE: 6 -0 -0
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Please call (970) 479 -2138 for additional
information.
Sign language interpretation is available upon request with 24 -hour notification. Please call (970)
479 -2356, Telephone for the Hearing Impaired, for information.
Community Development Department
Published October 23, 2009, in the Vail Daily.
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M.
iV f3i7 4!� T' i
VAIL TOWN COUNCIL AGENDA MEMO
MEETING DATE: November 3, 2009
ITEM /TOPIC: Resolution No. 25, Series of 2009, A Resolution Approving the Development
Option Agreement Between the Town of Vail, Colorado, (the "Town ") and OHP Vail One, LLC,
( "OHP ") Regarding the Lionshead Parking Structure Development Option Agreement; and
Setting Forth Details in Regard Thereto.
PRESENTER(S): Matt Mire
ACTION REQUESTED OF COUNCIL: Consider the Development Option Agreement and
vote on whether to authorize the Town Manager to sign and enter into the agreement with
OHP on behalf of the Town in a form approved by the Town Attorney.
BACKGROUND: On October 16, 2007, The Town and OHP entered into a Development
Improvement Agreement, and then a First Amendment to the Development Improvement
Agreement ( "DIA ") on August 19, 2008. The DIA subsequently expired by its terms. The Town
then began to negotiate the attached Option Agreement with OHP. The Town Council tabled
Resolution No. 25 on October 20, 2009. (See Attachments).
STAFF RECOMMENDATION: N/A
ATTACHMENTS:
OFIP Letter
Resolution No. 25, Series of 2009
OUP Development Option Agreement
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T0WN ONUEL
To: Vail Town Council
From: Matt Mire, Town Attorney
Subject: Development Option Agreement
Attached for Council consideration is a resolution and development option agreement
between the Town of Vail and Open Hillwood Partners, Vail One, LLC (OHP). The
attached agreement outlines the conditions under which a development option would be
provided to OUP for the LionsHead Parking Structure and an unimproved charter bus
parking lot.
Staff Recommendation: Staff recommended Council consider the attached resolution
and determine whether to enter into the proposed agreement.
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RESOLUTION NO. 25
Series of 2009
A RESOLUTION APPROVING THE DEVELOPMENT OPTION AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO, AND OHP VAIL ONE, LLC, REGARDING THE LIONSHEAD
PARKING STRUCTURE DEVELOPMENT OPTION AGREEMENT; 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, on October 16, 2007, the Town and OHP Vail One, LLC (the "Developer ")
entered into a Development Improvement Agreement and a First Amendment to the Development
Improvement Agreement on August 19, 2008 (collectively, the "DIA"); and
WHEREAS, the Parties acknowledge, and the DIA recognizes that the LionsHead
Parking Structure (the "Site ") is currently encumbered by a deed restriction held by Vail
Associates, Inc., The Vail Corporation, D /B /A Vail Associates Inc., or another related corporate
entity setting forth the rights and obligations of the Parties with respect to the redevelopment site;
and
WHEREAS, The Parties acknowledge that the DIA expired by its terms on June 17, 2009;
and
WHEREAS, though the DIA is no longer in effect, the Town desires to provide the
Developer with an exclusive option to develop the Site under terms and conditions of the attached
Agreement.
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 Town Manager to enter
into the Agreement with OHP Vail One, LLC, in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 3 d day of November, 2009.
Richard Cleveland
Town Mayor
ATTEST:
Lorelei Donaldson
Town Clerk
Resolution No. 25, Series 2009 \n 11/3/2009\n
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DEVELOPMENT OPTION AGREEMENT
THIS DEVELOPMENT OPTION AGREEMENT ( "Agreement ") 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 OUP 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 ").
WHEREAS, following an extensive request for proposal process beginning in May,
2006, the Town selected Developer to redevelop 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;
WHEREAS, the Town and Developer entered into a Development Improvement
Agreement dated October 16, 2007 and a First Amendment to Development Improvement
Agreement on August 19, 2008 (collectively, the "DIA "), setting forth the rights and obligations
of the Parties with respect to the redevelopment of the Site;
WHEREAS, the Parties acknowledge, and the DIA recognized that the Site is currently
encumbered by a deed restriction (the "Deed Restriction ") held by Vail Associates, Inc., The
Vail Corporation, DB /A Vail Associates, Inc., a Colorado corporation, or another related
corporate entity;
WHEREAS, the Parties acknowledge that the DIA expired by its terms on June 17, 2009;
WHEREAS, though the 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
Agreement;
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.
"Public Improvements" means and includes roadways, sidewalks, parking,
drainage facilities and transportation facilities.
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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 the Town was at
all times in compliance with the DIA and that there are no outstanding claims or issues related to
the DIA.
3. Term
a. This Agreement shall commence on October 15, 2009 and shall terminate
on the earlier of (i) December 31, 2014, or (ii) the date that is three years following the
date that the Deed Restriction has been removed as an encumbrance to the Site; provided
that this Agreement may be terminated pursuant to Section 3(b) or (c) below, and may be
extended by mutual agreement of the Parties.
b. This Agreement may be terminated by the Town if Developer has not
complied with Section 4(b) hereof. This Agreement may be terminated by Developer
only if the Town violates Section 4(a) of this Agreement.
C. This Agreement may be terminated by the Town or Developer for
convenience upon thirty (30) days prior written notice, prior to the date Developer
exercises the Option.
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 "). The Town agrees not to engage in negotiations with any other person or
entity regarding the development of the Site while this Agreement is in effect.
b. The fee for exercising the Option shall be five hundred thousand dollars
($500,000) (the "Initial Fee "), which fee shall be due and payable by Developer sixty
(60) days following the date the Town notifies the Developer that the Deed Restriction
has been removed as an encumbrance to the Site. Upon such notice, if Developer makes
the Initial Fee payment, the Option shall be deemed to have been exercised.
5. Development of Site
a. 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 resubmittal of the Project Plan.
b. If Developer exercises the Option, Developer shall pay the Town an
additional option fee ( "Additional Option Fee ") of one hundred thousand dollars
($100,000) every six months until commencement of construction. If Developer has not
filed its first complete application for development review within eighteen (18) months
from the date Developer exercises the Option, the Option shall expire and this Agreement
shall terminate.
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C. Any amounts paid by the Developer for the Initial Fee or any Additional
Option Fee shall be first credited against any costs for maintenance that Developer is
responsible to reimburse the Town for pursuant to Section 6 hereof, and if any amounts
are remaining, the remaining amounts shall be credited against any public improvements
for which the Developer will be required to construct as part of the development of the
Site.
6. Maintenance, Repair and Replacement
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. Prior to the Developer commencing construction, Developer shall
reimburse the Town or the Vail Reinvestment Authority, as applicable, for any costs
incurred by the Town or the Vail Reinvestment Authority related to any improvements
made to the Site between the date of the execution of this Agreement and Developer's
commencement of construction of the redevelopment. Such reimbursement shall be paid
by Developer prior to commencement of construction.
7. Amendment This Agreement may not be amended or terminated except by
mutual written consent of the Parties.
8. Assignment 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 Colorado, 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. Severabilily 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 -Party Beneficiaries There are no intended third -party beneficiaries to
this Agreement.
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14. Governmental Immunity 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, etseq., 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 Developer may record this Agreement in the real property records of
Eagle County, Colorado, at Developer's sole cost.
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:
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