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HomeMy WebLinkAbout2012-01-03 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JANUARY 3, 2012 TOWN OF AQ9" NOTE: Times of items are approximate, subject to change, and cannot be relied upon to determine at what time Council will consider an item. ITEM /TOPIC: Citizen Participation (15 min.) 2. ITEM /TOPIC: Thank You Presentation for Outgoing Council Members Cleveland and Newbury (15 min.) PRESENTER(S): Staff 3. ITEM /TOPIC: Consent Agenda: 1) Resolution No. 1, 2012, Public Notices; 2) Resolution No. 3, 2012, Mutual Aid Agreement; 3) Resolution No. 4, 2012; Mutual Aid Agreement, 4) Resolution No. 5, 2012, Animal Control Services. (10 min.) 4. ITEM /TOPIC: Town Manager Report (15 min.) PRESENTER(S): Stan Zemler 5. ITEM /TOPIC: Resolution No.2, Series of 2012 Support of Red Sandstone Elementary School (10 min.) PRESENTER(S): Stan Zemler ACTION REQUESTED OF COUNCIL: Approve Resolution No. 2, Series of 2012 BACKGROUND: The Eagle County School District is contemplating closing Red Sandstone Elelmentary School due to budget cuts. The Council and citizens of Vail would like the Eagle County School District to keep Red Sandstone Elementary School open as it is a vital part of the community. STAFF RECOMMENDATION: Approve, modify or deny Resolution No. 2, Series of 2012 6. ITEM /TOPIC: A presentation on the proposed municipal site redevelopment project including the key points of the project, the ToV design program, the draft memorandum of understanding, the financing options, the project schedule, and a series of next steps for advancing the project forward. (60 minutes) 1/3/2012 PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Town Council is not being asked to make any formal decisions at this time. Instead, town staff will return to the Town Council Meeting on January 17 at which time the Town Council will be asked to take action on the following items: Execute a memorandum of understanding by and between the partners Select a financing option Instruct town staff to issue an RFP for design services BACKGROUND: The municipal site redevelopment project is a partnership between the Town of Vail, the Vail Valley Medical Center, the Steadman Clinic, the Steadman - Philippon Research Institute and Howard Head Sports Medicine to construct a new municipal office building and a new medical office building on the Town's municipal office site in an effort to sustain and grow Vail's year -round economy.To date, two phases of pre - development work have been completed. Triumph Development, LLC, acting on behalf of the ToV, VVMC, and SC, has completed a feasibility study and the necessary due diligence to better understand the likelihood of the redevelopment project. The result of the pre - development work has confirmed the partner's assumptions and determined that the project, as proposed, can be reasonably accommodated on the site. 7. ITEM /TOPIC: Second reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12- 13-5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC110058) (30 minutes) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2011, on second reading. BACKGROUND: On December 12, 2011, the Planning and Environmental Commission forwarded the Vail Town Council a recommendation of approval, with the modifications outlined in Section II of the Staff memorandum to the Commission dated December 12, 2011, for amendments to the employee housing requirements of Special Development District No. 22, Grand Traverse. The purpose of this ordinance is to amend the provisions of the special development district to: allow the employee housing requirements of the special development district to be met within the district, off -site, or a combination thereof; allow employee housing units to be exchanged in accordance with the procedures of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and to "clean -up" the unclear, outdated, and inconsistent provisions of the district. 1/3/2012 On December 20, 2011, the Vail Town Council approved the first reading of Ordinance No. 27, Series of 2011, by a vote of 4 -3 -0 (Daly, Donovan, and Foley opposed). STAFF RECOMMENDATION: The Planning and Environmental Commission recommends approval of Ordinance No. 27, Series of 2011, on second reading. 8. ITEM /TOPIC: Adjournment (8:35 p.m.) 1/3/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Citizen Participation 1/3/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Thank You Presentation for Outgoing Council Members Cleveland and Newbury PRESENTER(S): Staff 1/3/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Consent Agenda: 1) Resolution No. 1, 2012, Public Notices; 2) Resolution No. 3, 2012, Mutual Aid Agreement; 3) Resolution No. 4, 2012; Mutual Aid Agreement, 4) Resolution No. 5, 2012, Animal Control Services. ATTACHMENTS: Resolution No. 1, Series of 2012 Resolution No 3, 2012 Resolution No. 4, 2012 Resolution No. 5, 2012 1/3/2012 Vail Town Meeting Jan 3 2012 1. Create a committee to address Cell Service - Text -Email Issues 2. Create a committee to address Customer Service Issue 3. Create a committee to address Transportation Concerns TAXI AND LIMO NUMBERS ECOLiMOOFVAIL HIGH MOUNTAIN TAXI HUMMERSOFVAIL 970.331.3135 970. 524.5555 970. 977 -0028 SANS TO VAIL VALLEY 970- 401-0$25 AXI AND LIMO Sk' HOTEL SHUTTLES 1 ■ TRANSPORTATION TAXI AUTHORIZED VEHICLES CME HOTEL BUSES AUTHORIZED SHUTTLE OVERSIZE LIMOS/VANS VEHICLES Sales @Hummersofvail.com From: Dwight Henninger [DHenninger @vailgov.com] Sent: Tuesday, December 13, 2011 8:33 PM To: 'sales@h u m mersofvail. com' Subject: RE: status on limo and Taxi phone number signs Don't threaten me with the Town Council if you want me to continue to assist you Dwight Henninger Chief of Police Vail Police Department 0 TOWN Of VAIL 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(aDvailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummers _o_fyail.com [ mailto:sales @hummersofvail.coml Sent: Tuesday, December 13, 20114:30 PM To: Dwight Henninger Cc: sales(�bhummersofvaikcom Subject: RE: status on limo and Taxi phone number signs Ps. What about the pepi's situation. Please 1 -2min waiting period is very fair and reasonable for all concerned. Also For some reason the Vail officer's think that the TAXI can be there for 5 minutes. Please I do not want to bring video to the next Tuesday council meeting on the 20 To show the justification for the request. Thank You again for your assistance Jonathan L. Levine From: Dwight Henninger [ mailto :DHenningerCd)vailgov.com] Sent: Tuesday, December 13, 20114:20 PM To: 'sales @hummersofvail.com' Subject: RE: status on limo and Taxi phone number signs I am following up with the other limo companies you left some out Dwight Henninger Chief of Police Vail Police Department TOWN OF VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(d),vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvaii.com f mailto :sales(abhummersofvail.coml Sent: Tuesday, December 13, 2011 1:50 PM To: Dwight Henninger Cc: sales hummersofvail.com Subject: status on limo and Taxi phone number signs Good Morning. Please update the status on posting the LIMO and TAXI phone number signs at the Transportation Center. Thank You again Jonathan L. Levine Sales @HummersoNail.com From: Sales @Hummersofvail.com Sent: Wednesday, November 23, 2011 1:39 PM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: Dwight Henninger - Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Thank You again for your follow -up. Please call or email the new rules as soon as they are approved. Once again I greatly appreciate your attention and time to this matter. I will be waiting on the final limo names and numbers before ordering the phone cards for your officers. As I stated on the phone. It is very important that we only display names and numbers to companies That will answer the phone between midnight and 4am (when the buses are not available) Otherwise, clients will become very agitated as they already do when they try finding numbers on google and no one answers. As I stated on the phone, it is my recommendation that you test the numbers you have for the companies below to verify who answers and is willing to provide service between these hours of midnight and 4am and is willing to contribute to the Cost of making the sign and cards. Again thank you very much for your open mindedness and attention to these matters. From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 22, 2011 10:49 AM To: 'sales @hummersofvail.com' Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Jonathan: I received your phone message and proposed signs. I will be reviewing the signs with our town staff. I have submitted my updated rules to the PUC and am waiting for their response. I plan to distribute the rules tomorrow to the limo and taxi companies. In regards to your limo sign with phone numbers why are the following limo companies not included? Allard Alpine Avanti Breckenridge Alpine Cloud City CME Premier Elite Preferred RJ Vail VailCoach Vail Luxury If you have cards for the officers to distribute you can drop them off at the Police Front Desk for me. Hopefully that addresses your concerns. Dwight Dwight Henninger Chief of Police Vail Police Department rowN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvaii.com [ mailto:sales @hummersofvail.com] Sent: Friday, November 04, 20113:09 PM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Thank You for responding. Please let me clarify. We are prepared to provide cards at our cost with the following numbers: High Mountain Taxi 970 - 524 -5555 H ummersofVail 970 - 977 -0028 VailLuxuryLimo 970 - 401 -0825 ECO Li moOfVa i I 970 - 331 -3135 We are also prepared to pay immediately the $150.00 fee to post TWO signs At the VTC with these numbers on them. If other companies request to be added to either the cards or the signs, they Simply need to pay the required fees and have the signs remade. Please let me know where or who we should deliver the cards to. Thank You again Jonathan L. Levine 2 From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Friday, November 04, 2011 2:26 PM To: 'sales @hummersofvail.com' Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 I can not put up a sign with only one company on it, it was your responsibility to get the numbers of the other companies and their phone numbers. The only thing you told me was that you would pay for the sign as no one else wanted to help. The offer was to have the officers hand out cards that you the transportation companies printed at your expense. We will not hand out cards for one company either. Dwight Henninger Chief of Police Vail Police Department 0 TOWN OF VAIC' 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(o)_vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Friday, November 04, 2011 2:15 PM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Thank you again for your follow up. Please understand that this matter is URGENT! For the past 8 months we have watched every other organization do whatever they wanted at the Vail Transportation Center. Including the 5 escalades from the local hotels and Black Diamond Limo. Until I here further we will no longer neglect our clients. I have instructed my drivers to pick up clients waiting at the VTC Just like every other hotel and limo service has done for the past 8 months while we sat at the top of the parking area and ordered Them to walk over. I have also instructed all my drivers to follow all Vail Police officer instructions to the letter as long as they do not restrict our access or safety to pickup pre- arranged Clients waiting at the Vail Transportation Center. I am sorry if this is unacceptable to you, but according to my recent Hearing with Judge buck, until signs are installed prohibiting Limo access There is no legal grounds. Furthermore, referencing the Town minutes and Vail PD Limo and Taxi rules and previous emails authorizing all expenses. We are still waiting for the following promises by the Vail Police Department: Signs installed at the VTC with approved limo phone numbers Cards with approved TAXI -LIMO choices for Vail Police Officers to give to waiting patrons We are here to help in any capacity. We can meet at anytime that is convenient for you and your officers. Our goal is the same. The safety of the community and the service to our Guests. Sincerely Yours Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @ vailgov.com] Sent: Friday, November 04, 2011 1:28 PM To: 'sales @hummersofvaiI.com' Subject: RE: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 After I meet with the PUC, I will update the rules and let all of the limo groups know. Dwight Henninger Chief of Police Vail Police Department 01 - rowN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhen ninger(D_vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Friday, November 04, 2011 12:32 PM To: Dwight Henninger Cc: sales @hummersofvaii.com Subject: Good Morning - Status please on the limo regulations at the transportation center and vail village for up coming Winter Season 2011 -2012 Good morning. I spoke with Sergeant Graves after the court hearing and she assured me that changes were in the works. Mil k� RESOLUTION NO. 1 SERIES OF 2012 A RESOLUTION DESIGNATING A PUBLIC PLACE WITHIN THE TOWN OF VAIL FOR THE POSTING OF NOTICE FOR PUBLIC MEETINGS OF THE VAIL TOWN COUNCIL, PLANNING AND ENVIRONMENTAL COMMISSION, DESIGN REVIEW BOARD, AND OTHER BOARDS, COMMISSIONS, AND AUTHORITIES OF THE TOWN OF VAIL. WHEREAS, Section 24- 6- 402(2)(c), C.R. S., as amended provides that local public bodies must give full and timely notice to the public of any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs at which a majority or quorum of the body is in attendance, or is expected to be in attendance; and WHEREAS, the Town of Vail now wishes to designate a public place within its boundaries for the posting of such full and timely notice to the public for meetings of the Town Council, the Planning and Environmental Commission, the Design Review Board, and other boards, committees, and authorities of the Town. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: The Town Council hereby designates the bulletin boards at the east and west entrances of the Town of Vail Municipal Offices as the public places for the posting of full and timely notice as required by Colorado law. 2. This resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of January, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk 1/3/2012 3 -1 -1 RESOLUTION NO. 3 Series of 2012 A RESOLUTION APPROVING A MUTUAL AID AGREEMENT BETWEEN THE TOWN OF VAIL, EAGLE COUNTY AND OTHER FIRE PROTECTION ENTITIES FOR THE PROVISION OF MUTUAL EMERGENCY SERVICES; 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 "); WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; WHEREAS, the Town currently has mutual aide agreements in place such as the Automatic Mutual Aid Agreement (the "Agreement ") attached hereto, and wishes to update those agreements; and WHEREAS, the existence of a mutual aid agreement will serve a public purpose and will promote the health, safety and general welfare of the inhabitants and visitors of the Town and its surrounding environs. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL. COLORADO THAT: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement on behalf of the Town in substantially the same form 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 rd day of January, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No. 3, 2012 1/3/2012 3 -2 -1 AUTOM.'kTIC ,XND )ILITC' -IL L A11) AGREE:%IENT I'i IIS AUREENIFNT is made and entered into this _ day of - 20M by and among the COUNTY OF I:AGL.E, STATE OF COLORADO, a body corporate and politic, by and through its BOARD OF COUNTY COMMISSIONERS ( - ), the TOWN OF VAiL i Vail "), EAGLE R1VER FIRE PROTECTION DISTRICT ("Eagle River "), GREATER EAGLE FIRE PROTECTION DISTRICT ( "Eagle Fire"), GYPSUM FIRE PROTECTION DISTRICT ("Gypsum Fire,"), BASALT AND RURAL FIRE PROTECTION DISTRICT ( "Basalt Fire "), and ROCK CREEK VOLUNTEER FIRE DEPARTMENT ( "Rock Creek ") hereinafter being referred to collectively as the "Parties" and singularly as the "Party." WITNESSETH WHEREAS, Eagle River, Eagle Fire, Gypsum Fire, and Basalt Fire are organized and operated pursuant to the provisions of Article 1, Title 32, C.R.S., to provide fire protection, emergency medical, rescue, and ambulance or hazardous materials services within their jurisdictional boundaries, which are located within Eagle County, Colorado; and WHEREAS, Vail is a home rule municipal corporation located within Eagle County Colorado and duly organized and existing under the laws of the State of Colorado and the Vail Town Charter; and WHEREAS, Eagle County is a statutory county and political subdivision of the State of Colorado operating pursuant to Title 30, C.R.S; and WHEREAS, the Parties determine that in the event of a fire, emergency medical, rescue, and ambulance or hazardous materials incident, each would benefit from the availability of and mutual response by equipment and personnel of the other Party as requested _+rid as provided herein; and WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV, Section 18(2)(a) and (b) and Section 29 -1 -203, C.R.S., the Parties desire to establish an agreement to provide for automatic and mutual aid response Of equipment and personnel 0� each Party to areas within the juri sdiction of the ether Pai as provided herein: and WHEREAS, establishment of an automatic and mutual aid a `vill serve a pub 1j purpose and ,NiII promoto the hcaIth. safety, sc:c:urity anti general xcIfare of the i1111,1b "ints ?i --1 vi�isors cif t11 l'ar ;1 ,' : St::tc , , [ .,1. f 1/3/2012 3 -2 -2 N0W. T1tERE1 0RF; in con4iJe rat 1011 of the. Inut per for;n;incc (,fIlie col enants, aF -arcenlents and prom .es yet f0rtll hereillatter, the Parties 0 D is foll��;�'s: 1, 1)efinition The fo I I o i ns, tennis as used in #his Agrccment :ire defined GIs toll,��vs: [a) " °'�ssistiiw , P arty ' nneans a Party providing or requested to pro, iS:�. NIutuaI Aid or :'Automatic Aid w1thIn the jurisdictional boundaries of a Requesting Party. (b) " Automatic Aid means the automatic. initial assistance provided by an Assisting Party to an actual or reporter! Emergency Incident within the jurisdictional boundaries of a Requesting Party. (c) ' Tmer�, , ency Incident means a fire, emergency medical, rescue. and ambulance or hazardous materials incident requiring an emergency response by a Party. (d) " Mutual Aid means assistance provided by an Assisting Party to an actual or reported Emergency Incident within the jurisdictional boundary of a Requesting Party, based upon a specific request by a Requesting Party, which is not provided as Automatic Aid. Mutual Aid includes any assistance provided in addition to the Assisting Party's Automatic Aid response. (e) " Requesting Party means a Party within whose jurisdiction a Mutual Aid or Automatic Aid incident occurs and who is assisted by or has requested assistance of an Assisting Party. (f) " Automatic Aid Incident ". An actual and reported Emergency Incident for which the Parties shall automatically, without a specific request from the Requesting Party, respond and provide Automatic Aid to those portions of the jurisdictional boundaries of the Requesting Party. (g) " Mutual Aid Incident ". An actual or reported Emergency Incident within the jurisdictional boundaries of Requesting Party which requires the provision of apparatus, equipment or personnel over and above that available for response by such Party and all Assisting Parties providing Automatic Aid. 2. Response Levels (a) Automatic Aid In the event of an Automatic Aid Incident, the Assisting Parties shall provide to the Requestin =g Party the apparatus and equipment which is attached hereto and incorporated herein by reference and necessary personnel to operate the apparatus and equipment. as , COrITCI11plated by geographic region pd ILpe cif call on F vhll-'It :� A. is attached herolo and incr�ri�r�ruted hereitt by C r ',11:1 C11 :: v of l�l !'Ctir , l ! i }'�:� l ^'• r' 'ire',' ti1L'l'��'it :'.'!tl_Itl lt< <_ l� it 1/3/2012 3 -2 -3 �Iii;SUICtion. Lkltit,it nav ho a it oil Jed :rot- tl.,iL to time by i {ritloil aESr:e III Ci1t of the 1 Chief's of the Parlit� affertcd bV Such amcnciment. 3 ( h) Mutual Aid In the event of a Mutuat Aid lncidcnt, t{tc Incidcltt C andor on scene or highest ninl:in(T op eir:itIoits 01`11 cer yin duty fk) r t he Requesting 1 - tv :dull rcquLst such additional apparalw, oLluipinciit and/or personnel io he Provided hy.the Assistim , Parties , is deemed reasonably necessary. The Assisting Patrti:w shall provide the apparatus, equipment. and personnel, as available and as requested by the Requesting Party, and as deemed available by the Assisting Party. (c) Assisting Part Discretion Should any Party have personnel or resources already committed to an Emergency Incident, either within or without its jurisdiction, or otbenvise unavailable, which in its sole discretion prevents it from providing Automatic Aid or Mutual Aid and also providing an adequate level of service and protection within its own jurisdiction, it shall promptly notify its dispatcher or the other Parties and shall be released from all or a portion of its Automatic Aid or Mutual Aid responsibilities until its personnel and resources are adequate and available. When available personnel and equipment return to adequate levels, the Assisting Party shall notify its dispatcher or other Parties to return to Automatic Aid or Mutual Aid dispatching. (d) Governing Body Authorization Automatic Aid or Mutual Aid shall be provided without regard to political boundaries and in full compliance with the terms and conditions of this Agreement. Automatic Aid or Mutual Aid by any Party as provided herein is hereby approved by the respective governing bodies of the Parties, and such responses to specific Emergency Incidents shall require no further approval by the governing bodies of any Party. (e) Pre-Existing Obligations Nothing herein shall limit the Emergency Incident duties of any Party within its respective jurisdiction, or any other aid agreements any Party may have with any other Party or entities. 3. Dis atchin . The Parties shall notify their respective dispatching entities of this Agreement and the need to dispatch equipment and personnel in accordance with the provisions cif this Agreement. (a) Automatic Aid. Dispatching of the Assisting Parties rendering Automatic ,slid shall be automatic and consistent with Exhibit A, without additional, specific Emergency Incident authorization or request of the Requesting Parry. The Roquc ,,tinu� Party shall clarify [h4 le� - el cif Automatic Aid actually needed as earty in the E I ncident as pc "SI ale. 1/3/2012 3 -2 -4 41)] 'Mutual :1IL1 13isl� atcl7ing of Assisting P arties rcndcring Mutual AiLI shall be 01111' upL ?n 1170 ' :1f1C request of the Incident C orriniandcr on scene. or highest <<r,I:ing operations tiff icer of tlic Requrstin_, Party coil duty- 4. Artto111�11[ic Aid Command ta) The general conimand of an Automatic Aid 01 - 1ltuttia l .'W l✓inen- ency Incident ,hall be N ested in the Incident Corn mandcr in accordance v, the Colorado Incident Command System, regardless of the jurisdiction of hisiher origin. (b) Command of patient care at an Automatic Aid or Mutual Aid incident shall be jested in and carried out by the " Lead Paramedic /EMT," defined as the first paramedic or emergency medical technician to arrive at the incident scene, regardless of jurisdiction of origin, until such person turns over patient care command to another paramedic or emergency medical technician. (c) All Emergency Incident operations and activities shall be coordinated with the Incident Commander. At no time shall any Party involved in an Automatic Aid or Mutual Aid incident be expected to operate contrary to standing orders or policies of its own jurisdiction or physician advisor. (d) A Parry providing Automatic Aid or Mutual Aid shall be released from service when the Incident Commander determines its services are no longer needed. 5. Wildland Fire The request or provision of Automatic Aid or Mutual Aid pursuant to this Agreement associated with a wildland fire shall not constitute a determination by any Party that a wildland fire exceeds the capabilities of the Party to control or extinguish, so as to transfer the responsibility and coordination of such wildland fire to the County Sheriff pursuant to Section 29- 22.5 - 103(2), C.R.S. Such determination shall be made solely in the discretion of the Party within whose jurisdiction the wildland fire occurs. G. Maintenance of Organization Each Party is expected to maintain its personnel, apparatus, and equipment and organize its Emergency Incident response methods so as to be capable of responding adequately to ordinary and recurring Emergency Incidents arising within its boundaries. No Party shall expect, nor shall any Party be required to respond to Emergency Incidents occurring "whin a Party's jurisdiction which Party has failed to adequately organize Emergency Incident response methods, personnel, apparatus, and equipment to inect ordinary and recurring dernands arising within its jurisdiction. = '�1�,cnsati:in "yid It:;:i;'.7tsr �n ?erit P. ti 1F�rc_ ±lea; tllc scr� icc� r.� z�c r.i :i, c io e:?c:i C her are . f' L':jtia i, A A J 1/3/2012 3 -2 -5 a` c the I, ^ht to �eG k conipcil sat ion ut I i 111hLI1 ni C 11t il1)d bill X11 per-w11 of J21enc 11 o I } `i iriv for ticrt ices pro\ ided I,uruarlt tO this A i l 000J with its own b} ?ling 1olicits Zlnd GIs authorized by S. Trainin,> and Nannin, The Pltrtic shall schcdulo and proN ide joint [ra III I11 c\:crcises iz1 o 1 inu the pey of olhcr P.artics. The Partics shall aitcanlx to COOK mate pre - incident response planning and lon4.—terra capital acquisition and i }z,s,ro� cmcnt to maxirnir.c scspctnAe c tlmab111ties and betmcticial use crf pt }hlic resources. 9. Additional Actions The Fire Chiefs ofthe Parties are directed to take all actions necessary to carry out the terms of this Agreement, including, If necessary, revising radios and communications equipment so that the Parties have a common communications capability. Ail parties shall cooperate with each rather during and until completion of any Emergency Incident investigation and shall report all such information to the Requesting Party. Each Party shall be responsible for obtaining the information necessary for completion of its own Emergency Incident report and shall exchange that information with ail other Parties present at the Emergency Incident. Information pertaining to insurance, statistics for loss data, arson investigation and other emergency response statistics shall be gather and made available to all other Parties by the Requesting Party. All protected health information shall be subject to HIPAA privacy requirements. 10. Personnel and Equipment Each Party shall remain responsible for the payment of salary, wages, or other compensation or reimbursement of its own personnel utilized in an Automatic Aid or Mutual Aid incident, and all costs associated with use of their own equipment and apparatus. The personnel and equipment of any Party providing Automatic Aid or Mutual Aid shall be insured by the liability, workers' compensation, or other insurance of their own agency. Each Party shall be responsible for their own consumable equipment and supplies, including fuel, which may be consumed as part of an Automatic Aid or Mutual Aid incident. I t . Liability to Third Persons Each Party assumes full responsibility and liability for any and all injuries to, and damages to real or personal property of, persons not a party to this Ag that occ =ur d�mirta an Automatic Aid or N4utual Aid ' I ncident. caused by that Party, its volunteers, servants, agents, or employees. To the maximum extent allowed by law, each Party ( "first Party ") covenants and aurces to indemnify, save and keep each other Party ( "second Party ") harmless against all liabilities, judgments, casts, damages and expenses, including court costs and attorney's [fees. of and front army and all claims of any kind or nature whatsoc� er which may in any way arise against the sc Party for or on account of personal injuries and damages tea real or personal property �)r to the loss of'Lmv props } - tv tiv persons not a Parts to this A�rreefnenc caused as of :i, - ict or dced 1-any alt of ..nV void ultccr. son "-rt. g (mt, o _C ! ii:w .,T `•t l :l t'i) 1'i ;[ ii :: �:, 1 r i' li '�l. tt !�'•'�. l ii::il; }L'.� it ll�;i 1/3/2012 3 -2 -6 CiOnerntltc11tal 111111IunitN' ACt. Section 24 -10- 101 , c t ,:cq- C.R,S.. and the Parties retiene all of tlicir riahts tinder said Act. It is the intent of fhis provision to contractually reallctc,tte lial�ilitv for d tua:t��e7 fro tta th,it }�rc�N idecl by 5ec:tion 29 -5 -10 8. C.Rt S r 12. Waiver Each Party ( "first Party ") assumes hall responsibility and liability. and walves all claims it 11 - lay have against each other Party ( "second Party " for any and all damages to the equipment of the first Party, and for personal injuries nand darn es to real or personal property of the first Party's volunteers, sen•ants, agents, or employees, whether caused by the second Party or a person not a party to this Agreement, that occur during the course of an Automatic Aid or Mutual Aid incident, except for damages and injuries caused by the willful and wanton actions, or intentionally tortious conduct of second Party. It is the intent of this provision to contractually reallocate liability for damages from that provided by Section 29 -5 -108, C.R.S. 13. No Third -Party Rights Nothing in this Agreement shall be deemed to create or give rise to any rights, claims or causes of action in any person or entity except the Parties. 14. Prior Agreements. This Agreement shall supersede all prior agreements regarding Mutual Aid or Automatic Aid by, for and/or between Parties. 15. Effective Date and Term. This Agreement shall become effective between the signatories of this Agreement at 0:00 hours of the first day of the first month following execution by two or more Parties, regardless of whether or when all Parties may execute this Agreement. The term of this Agreement shall be through the end of the year in which it is entered, and this Agreement shall be automatically renewed for additional one (1) year terms unless terminated by written notice, such notice given not less than thirty (30) days prior to the end of the year, unless otherwise agreed by the Parties. Termination by one Party shall not effect a termination of the Agreement as to the remaining parties unless the remaining Parties also agree to terminate. 16. Annual A proTmations Notwithstanding the provisions of this Agreement to the contrary, the terns and obligations of this Agreement are subject to annual appropriations by the Parties so as to not create a multiple fiscal year obligation pursuant to Article X, Section 20 of the Colorado Constitution. 17, Asst_ This Agreement shall be binding upon the successors and assigns of each of the Parties hereto, except that no Party may assign any of its rights or obligations hereunder. without the prior «•ritten consent of the Other Parties. 1 ti. Notices Any fora al notice. demand or request pursuant to this Agreement -fkall be in \�,•riti 71 g all ,ha fl, bz dccnaed prOperl 4ery ed. iv �sn .)r made. if tleliv ercd its h1' crt:i.i:'� ,..ii ;; �f:.�c ; r n..icl tc) the IDL<111C� ,It 'lte atf,frc�tc, 1/3/2012 3 -2 -7 `f. ,�tltlellC1131�nt� 11117 :���['t�''.l ?tSlt lil:i�' 1'� :.ill�[?tle� �'i'.1S' l�V ' L1E7;ril;li'�1]i 0. Se 7' t,rabl I I IN % In th k 1\ en thaI an (it t l) c 1CI S. Co"011aIItti or Co11diIioi IS o this .1greenient or their applic "Ition Shall he hcld invalid Lis to any person, emity or �irCL1n 1.St',11ILC 1!V Cloy' cis €Irt h'TvinL Willpetellt {11 r1"dIctioan illy: reiliaindcr 0f this A4greemont and the ,ipplication III effect of its terms. covcrt"lnts OF ennditiOnS to sticll persons. entities or circumstances shall not be chaclged thcrehy. 4I . Duplicate Orlizinal This Agreement shall be executed in counterparts, each of which shall be an original, but all cif which together shall constitute one and the same instrument. Pal W ITN L•SS WHEREOF the Parties hereto have caused this Agreement to be executed as of the day and year first written above. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMMISSIONERS In Attest: Clerk to the Board of County Commissioners Sara J. Fisher, Chairman P. U. Box 850 Eagle, Colorado 81631 APPROVED: f3V: 3oset?h 11O' . f_.a 10 County Slieri.f 1/3/2012 3 -2 -8 FO AN OF VAIL By Stan Zen11er, Town Manager 75 S. Frontage Roan Vail, Colorado 81657 Attest: Lorelei Donaldson, Town Clark EAGLE RIVER FIRE PROTECTION DISTRICT Edward D. O'Brien, Chairman Post Office Box 7980 Avon, Colorado 81620 Attest: !Michael Gallagher, Secretary GYPSUM .FIRE PROTECTION DISTRICT LIM Tammy Conway, Chairman Post Office Box 1 -43 Gypsum, Colorado 81637 ,'Attest: 1/3/2012 3 -2 -9 GRFAT1-R LAGI -E FiR'E PROTECTION DISTRICT R" Rome Deane. C1hali;lial1 1 Of fice Bo\ 961 4: ;idle, Colorado �, 1631 'lttest: Roby Forsyth, Secretary BASALT AND RURAL FIRE PROTECTION DISTRICT FIRE PROTECTION DISTRICT .3 Chairman 1089 JW Drive Carbondale, Colorado 81623 Attest: Secretary ROCK CREEK VOLUNTEER FIRE DEPARTMENT ma Chairman P. O. Sox 234 McCoy, Colorado 80463 Attest: 1/3/2012 3 -2- 10 LXIIIBI I' A kl -T[ NIATIC :III) CALLS i Dkfscrlbe by to graphl c ,rcas . T of c 1) 1/3/2012 3 -2- 11 RESOLUTION NO.4 Series of 2012 A RESOLUTION APPROVING THE HAZARDOUS MATERIALS RESPONSE FOAM MEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY FIRE DEPARTMENT MEMBERS; 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 "); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the Regional Hazardous Materials Association of Eagle County (the "RHMAEC ") was formed in 2002 by the Town, the Eagle River Fire Protection District, the Greater Eagle Fire Protection District, and the Gypsum Fire Protection District (collectively the "Fire Department Members " ); WHEREAS, the Fire Department Members have concluded that there is a need to have a reliable supply of Class B foam ( "Foam ") capable of suppressing hydrocarbon and alcohol fires available for use by the Fire Department Members when responding to hazardous materials incidents; and WHEREAS, this Memorandum of Understanding ( "MOU ") will serve a public purpose and will promote the health, safety and general welfare of the inhabitants and visitors of the Town and its surrounding environs. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section I. The Council hereby approves the MOU and authorizes the Town Manager to enter into the MOU on behalf of the Town in substantially the same form 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` day of January, 2012. Andrew P. Daly Town Mayor ATTEST' Lorelei Donaldson, Town Clerk Resolution No. 4, 2012 1/3/2012 3 -3 -I HAZARDOUS MATERIALS RESPONSE FOAM MEMORANDUM OF UNDERSTANDING This Hazardous Materials Response Foam Memorandum of Understanding ( "MOU ") is executed as of the day of __, 2011, by and among REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY, a political subdivision of the State of Colorado} ( "RHMAEC "), the TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado, EAGLE RIVER FIRE PROTECTION DISTRICT, GREATER EAGLE FIRE. PROTECTION DIS'T'RICT, and GYPSUM FIRE PROTECTION DISTRICT, which fire protection districts are quasi - municipal corporations and political subdivisions of the State of Colorado, All of the aforementioned parties except RHMAEC are referred to herein individually as a "Fire Department Member" and collectively as, "the Fire Department Members." RECITALS A. WIIEREAS, RHMAEC was formed by the Fire Department Members and other entities as a separate governmental entity by that certain Intergovernmental Agreement dated October 21, 2002 ( "Creation 1GA ") for the purpose of conducting joint hazardous materials activities 1 net uding, without limitation, pI ail 11ing, information management, initial response, equipment procurement and sharing, personnel procurement and training, and reimbursement and financial management, by and among all RHMAEC Members; and B. WFIEREAS, RHMAEC and the Fire Department Members have determined that there is a need to have a reliable supply ol'Class I3 foam capable of suppressing hydrocarbon and alcohol fires ( "Foam ") located throughout Eagle County for the Fire Department Members' use when responding to hazardous material s i net dent s, and C. WITEREAS, pursuant to Section 29 -1 -203, C.R.S., RHMAEC and the Fire Department Members desire to establish an MO1.j to provide for suclt loam; and I) WI 11;REAS, establishment of a reliable su1)ply of foam throughout Lag le County vvill serve a pub11'C 1) ll1 - 1)0SC -,111 CI -Will pro III otc the healt[I, Safety, security and o'ene-raI welfare of the inhabitants and vls1tors of EaL-Ie County and the State of Colorado. NOW THEREFORE, in cons] -e itioil of the Ctbove recitals, the Illtittictl eovetlatlts contained herein and othci good and valuable consideration, the receipt ,ind sufficiency of w[hell are hereby mutually acknowledged, RIIMAEC and the Fire Department Members agree as follows: ; 0 1 ;>1; 1/3/2012 3 -3 -2 UNDERSTANDING RHMAEC's Obligations, RHMAEC shall be obligated to: (a) Purchase and deIIver one h Lin dred (100) gallons of Foam to each Fire Department Member for use in hazardous materials response incidents at RHMAEC's sole cost and expense, and (b) Establish a contract with a Foam Fender to supply replacement foam at RI -IMAEC 's cost Ltpon notification by a Fire Department Member that it has utilized all or a portion of its one hundred (100) gal Ion stock on a hazardous materials response; and (c) Replace any amount of Foam that is used by a Fire Department Member, so that each Fire Department Member maintains a supp ly of one hundred (100) gallons of Foam, at RHMAFC's sole cost and expense, as provided in Paragraph 2(b); and (d) Inciude within the response billing sent to responsible parties of any hazardous materials incident on which the Foam is used, the costs of the Foam, and (e) Inform Fire Department Members of changes in the vendor, manufacture and /or type of Foam being purchase, for the purpose of maintaining interoperability- 2. The Ftre Department Members' Obligations Each Fire Department Member Shall be obligated to: (a) Store the Foarn according to the manufacturer's guidelines in its original factory packagint,, i.e- foam buckets, drums or cubes. It IS In not acceptable to stare any portion of'the Foam stockpile within an apparatus mounted storage tank, and (b) NlaIce the Foam readily available to RIIMAEC and any ot[Ic:r Fire Department Member for respnnsc to 11rllriEd0US materials incl dell ts; and (e) WItllln three (3) dtIys Cif Llsing -111 V 2 111OU11t 0 C Foatlrl, SUblTllt written n ott Ci catt oil to R IMAEC with a dQscs o the incident and the arnOunt of Foams that is needed to 1 - cpIcnish the Fire Department Member's supply, and (d) Comply with the established cost recovery 71.1iClelines identified itl the 1Y1oSt current RI IMA FC byIaws. ,.lnd 1/3/2012 3 -3 -3 (e) To replace at its own cost all or a portion of its one hundred ( l 00) gallon Foam stockpile used for purposes other than response to a hazardous materials incident_ and (f) Standardize foam purchasing by type and manufacturer for the purposes of irntcroperabillty. Each Fire Department Member shalt confirm with RHMAEC the current vendor, manufacturer and type of Foam before making purchases. 3. Term and Termination The term of this MOU shall be through the end of the year 1n which it i s entered, and this MOU shall be automatically renewed for additional one (1) year terms in perpetuity; provided, however, that in the event any Fire Department Member fails to make an annual appropriation of funds necessary for it to perform its obligations hereunder, such Fire Department Member may terminate its participation in this MOU upon prompt notice to the other parties hereto with such termination to be effective as of the last day of the then- current year. This MOU shall automatically terminate if RHMAEC is dissolved or provides notice of termination for failure to appropriate funds necessary to perform its obligations Any party hereto may terminate its participation in this MOU upon thirty (30) days written notice to the other parties for any reason or no reason. In the event that a Fire Department Member delivers written notice to withdraw from RHMAEC, pursuant to Paragraph 16 of the Creation 1GA, such notice shall serve as a formal amendment to this MOU and negate the need f6c further amendment. 4. Notices Any formal notice, demand OF request pursuant to this MOU shall be in wilting and shall be deemed properly served, given or inade, if delivered in person or sent by certified mail postage prepaid to the parties at the following addresses, or to such other addresses as may hereinafter be furnished in writing: R1 -tMAFC Attn: President 1 Box 850 f" ("le, Co 8 103 l ']'own of Vail Ann Fire Chief 75 South Frontage road Vail, CO 81657 Greater Fa Eire Protection District Attiv Fire ChicC 1' O Box 90 l Magic. CO 81 b31 1/3/2012 Fa-le River Fire Protection District Awi. fire C' P.O. Box 7980 Avon, ('0 81 620 3 3 -3 -4 Gypsum Fire Protection District Attn: T'ir'e Chief P.O. Box 243 Gypsum, CO 81637 5. Amendments Except as provided in Paragraph 3, this MOU may be amended only by written document signed by the parties hereto. 6. Severability In the event that any of the terms, covenants or conditions of this MOU or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this M0U and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be effected thereby 7 Waiver The waiver by either party of any breach by the other of any term, covenant or condition contained in this MOU shall not be deemed to be a waiver of any subsequent breach of the same or other term, covenant, or condition. 8. Entire MOU. This MOU embodies the complete agreement between the parties hereto regarding the subject matter herein and supersedes all prior agreements and understandings, if any. 9. Section I leadings The section headings in this N40U are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they Introduce, and shall have no bearing on the construction of the Sections they introduce. 10. No Third Party Beneficiaries The parties to this NIOU do not intend to benefit any person not a party to this MOU No person or entity, other than the palrties to his MOU, shall have any right., legal or equitable, to enforce any provision of this MOU. 11. Duly Authorized Sumatories. By cxecutron of this MOU, the undersigned each Individually repi_eSWllt that he Or she IS dilly alA01 - 17ed to cxccute and deliver this MOU and that the subject party shall be bound by the Signatory's execution ol'this MOU 12_ Dtw icate OriAnal 'I ills MOU may he executed in two or more coulitel each of which shall be an original, biit all of ,v h. I c h together shall constitute orlc and the same HIS11 11nent. F.XF,CU ED as of the date Cirst written above. 1/3/2012 3 -3 -5 REGIONAI, HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY, a political subdivision of the State of Colorado Attest: Attest: Attest: 1/3/2012 By: Brad Jones, President TOWN OF VAIL, a municipal corporation and political subdivision of the State of Colorado By: EAGLE RIVER FIRE PROTECTION 1)1STRICT, a rluasi- m Lin icipal corporation and political subdivision of the State of'Colorado By: GRF ATER FAGIJ: FIRE PROTFC "I'tON IASTRICT. a c7uas1- municipa1 corporation and political subdivision ofthe State of(.'olorado 5 3 -3 -6 BY: Attest: Attest: 1/3/2012 GYPSI][ I FIRE PROTECTION DISTRICT, a quasi- municipal corporation and political subdivision of the State of Colorado By 3 -3 -7 RESOLUTION NO. 5 Series of 2012 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE COUNTY OF EAGLE FOR ANIMAL CONTROL SERVICES; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado, is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town charter (the "Charter "); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Town and the County of Eagle (the "County ") wish to enter into an Intergovernmental Agreement (the "IGA ") authorizing the County to provide animal control services within the Town limits; and WHEREAS, the Council considers it in the interest of the public health, safety and welfare to provide animal control services; and WHEREAS, The Council's approval of Resolution No. 5, Series of 2012, is required to enter into an IGA. 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 IGA with the County for animal control services, 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 P day of January, 2012. Andrew P. Daly, Town Mayor ATTEST: Lorelei Donaldson, Town Clerk 1/3/2012 3 -4 -1 PPRfr INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL This Agreement made this 0— day of 2011, by and between the County of Eagle, State of Colorado, a body corporate and politic (the "County ") and the Town of Vail, a municipal corporation (the "Town")- WITNESSETH WHEREAS, the Town desires to contract with the County for the performance of the hereinafter described Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, the County is agreeable to rendering such Animal Services on the terms and conditions hereinafter set forth; and WHEREAS, this Intergovernmental Agreement is authorized pur5uant to Sections 29 -1.201 and 30 -11 -101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the parties hereto agree as follows: SECTION 1. TERRITORY COVERED The territory covered by this Agreement is all of that certain property legally described as the Town of Vail. SECTION 2. DEFINITIONS. Emergency On -Call Service is defined as any emergency call received by the County for which Animal Service assistance is required and no Animal Service Officer is on duty to respond. Shelter means The Eagle County Animal Shelter located at 1400 Fairgrounds Road, Eagle, Colorado, and any other shelter facility operated or designated by County. Unclaimed Day is defined as a calendar day or any part thereof during which an unclaimed animal is confined in Shelter on behalf of the Town. SECTION 3. SCOPE OF SERVICES The County agrees to provide General Animal and Emergency On -Cali Services within the Town of Vail as follows: 1/3/2012 3 -4 -2 A. General Animal Services shall include A minimum of 60 hours of patrol per month, consisting of inspection tours looking for violations or responding to complaints. 6. Admimstratlon and enfo(cement of the current Title 5, Animals of the Municipal Code of the Town of Vail presently in effect, and as may be subsequently amended. iii. The County shall provide the Town with monthly reports and an annual report of services provided pursuant to this Agreement. Such reports shall include, by way of example only, the number of calls for service, number of animals sheltered, number of Unclaimed Days, and number of citations issued, as they apply to the Town of Vail. iv. Animal sheltering services for animals attributable to the Town, of the nature and quality customarily provided at the Shelter. Animals attributable to the town are animals impounded within the Town of Vail and animals owned by persons dwelling, perrnanentiy or temporally, in the Town of Vail. B. Twenty -four (24) hours per day Emergency On -Call Service (via County answering seTvlce when the Shelter not open). Emergency On -Call Service will be provided during the period when an Eagle County Animal Service Officer is not on duty. In the event that an Eagle County Animal Service Officer is not immediately available to respond to an incident or emergency, the Town of Vail wv U provide available personnel to secure the scene and administer control of the situation until the Eagle County Animal Service Officer arrives to resolve said incident. SECTION 4. OFFICIAL 4TAT05. nor the purpose of l *he Animal Service ;,nd functions set forth in this agroement, Eagle County Animal Services Shall er.for —, 3s th- Toy +rn s agent, the "Jumcipal Ordinances re_latir - t animals now in effect and as amended from time to time SECTION 5. EQUI The County shall furnish and supply, at its sole expense, all necessary labor, supervision, equipment, motor vehicles, office space, and operating and office supplies necessary to provide the services to be rendered hereunder. SECTION 6- COMPENSATION The Town of Vail agrees to pay the County, monthly, the sum of $3,840 -00 for General Animal Services- On -Call Emergency Service shaft be billed at: $50.00 per hour. 1/3/2012 3 -4 -3 The Town of Vail agrees to pay the County, on or before the fifteenth day of each month, for General Animal and On -Call Emergency Services rendered the previous month. All fees and expenses recovered at or for the Shelter will remain with the County. All court fines and costs will remain with the court of venue. The County shall administer the County's Dog License Program for the Town. Monies collected from residents of the Town shall belong to the County. SECTION 7. PERSONNEL. The Eagle County Animal Services Officer shall have full cooperation from the Town of Vail, its public works, its police officers and/or their respective officers, agents, and employees, so as to facilitate the performance of this Agreement. The rendition of Animal Services provided for herein, the standards of performance, the discipline of officers, and other matters incident to the performance of such services and the control of personnel so employed, shall remain in the County. All persons employed in the performance of such Animal Services for the Town of Vail, pursuant to this agreement, shall be County employees, exce t for Town personnel used to secure the scene as described in Section 3 SECTION 8, LIABILITY AND INSURANCE A. The County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts, errors or omissions of the County or by any officer or employee thereof. B The County agrees to indemnify, defend and hold harmless to the extent allowed by iaw, the T )wn, its rr ••nectivp agents. officers, servants and amployees r~f and frorr any and ail loss, co-lt�_ uamage. injury, liability. oaiMs, +lens, ucrnands, Action , nd pauses of action whatsoever, arising out of or related to the County's mternttonai or negligent acts, errors or omissions or that of its agents, officers, servants, and employees, whether contractual or otherwise I Pkewise, the Town agrees to indemnify, defend and hold harmless to the extent allowed by law, the County, its respective agents, offscevs, ,ervants and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action whatsoever arising out of or related to the Town's intentional or negligent acts errors or omissions or that of its agents officers, servants and employees, whether contractual or otherwise C. The County and the Town shall respectively provide its own public liability, property damage, and errors and omissions insurance coverage as each party may deem adequate and necessary for any potential liability arising from this Agreement. Further, 1/3/2012 3 -4 -4 the County and the Town, respectively, shall name, subject to the approval of each respective party's insurance carriers, the other respective party as a co- insured under such insurance policies to the extent of any potential liability arising under this Agreement and, upon reasonable written request, shall furnish evidence of the same to the other respective party. SECTION 9. TERM AND TERMINATION This Agreement is effective January 1, 2012 and shall end on the 31st day of December, 2012. Either party shall have the right to terminate this agreement with or without cause at any time by giving the other party thirty (30) days' prior written notice of termination. Upon termination, the County shall be entitled to compensation for services performed prior to such termination (calculated by proratingthe monthly rate for the number of days the County performed General Animal Services and adding all charges for any additional services, including Emergency On Call Services, performed by the County during that time), and both parties shall thereafter be relieved of any and all duties and obligations under this Agreement. Obligations of the Town of Vail and the County, respectively, after the current fiscal year, are contingent upon funds for the purpose set forth in this Agreement being appropriated, budgeted and otherwise made available. SECTION 10. GENERAL PROVISIONS ;. ;Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town of Vail and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the parties as follows: T = of /ail: Y :•.srn A.'torr,e_v 5 *rYfl, age Road Vail. CO $1657 County of Eagle Eagle County Attorney P-0. Box 850 Eagle, CO 81631 1/3/2012 3 -4 -5 Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this paragraph A. f3. This agreement does not and shalt not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. C. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. D. This written Agreement embodies the whole agreement between the parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. E. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. F. All agreements and covenants herein are severable, and in the event that any of them shall he held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid Agreement or covenant were not contained herein. G. The Town has represented to the County and, likewise, the County has represented to the Town, that it possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be - onsiciered null and void as of the date cf such Court determination. 1/3/2012 3 -4 -6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS By ___ _ _ gY Clerk to the Board of Jon Stavney, Chairman County Commissioners ►1111 *i6 By: By: TOWN OF VAIL Town Clerk Manager 1/3/2012 3 -4 -7 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Town Manager Report PRESENTER(S): Stan Zemler 1/3/2012 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Resolution No.2, Series of 2012 Support of Red Sandstone Elementary School PRESENTER(S): Stan Zemler ACTION REQUESTED OF COUNCIL: Approve Resolution No. 2, Series of 2012 BACKGROUND: The Eagle County School District is contemplating closing Red Sandstone Elelmentary School due to budget cuts. The Council and citizens of Vail would like the Eagle County School District to keep Red Sandstone Elementary School open as it is a vital part of the community. STAFF RECOMMENDATION: Approve, modify or deny Resolution No. 2, Series of 2012 ATTACHMENTS: Resolution No.2, Series of 2012 1/3/2012 DRAFT RESOLUTION NO. 2, SERIES OF 2012 A RESOLUTION SUPPORTING THE EAGLE COUNTY SCHOOL DISTRICT (the " "District ") AND REQUESTING TO KEEP THE RED SANDSTONE ELEMENTARY SCHOOL (the "RSES ") OPEN FOR THE EDUCATION OF THE CHILDREN OF VAIL AND EAGLE COUNTY, COLORADO, 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 "); WHEREAS, the members of the Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, RSES is known for its excellent academics and achievement, consistently performing in the top tier of all Eagle County schools on State Assessments. The teachers and administration over the years have been outstanding and dedicated. It would be extremely detrimental for the District to close one of their best and most unique schools; WHEREAS, RSES has a great history in the Town of Vail, and the community considers it to be one of its most treasured assets; WHEREAS, most other schools have to rely upon a valley -wide organization (such as Western Eagle County Metropolitan Recreation District or The Youth Foundation) for after- school care, while the town has a Vail- specific governmental entity (the Vail Recreation District) fully invested in the school with their Kid Zone After - School and School's Out programs; WHEREAS, the Town of Vail has a stated goal of having 30% of the community workforce living within the Town of Vail boundaries. It has changed zoning codes and invested significant resources in planning and building affordable housing to achieve this goal including its investments in Timber Ridge, Vail Commons, Middle Creek and planning for a tract in West Vail on the Chamonix parcel; WHEREAS, having a public elementary school within the Town of Vail boundaries is important to attracting young professional families, thus achieving this goal. Beyond being a magnet to attract the professional workforce, having a public school is important to our sense of community. The Town of Vail is working hard to attract young families back to Vail; WHEREAS, a school is one of the most important pieces of "infrastructure" needed to make a town a community. The Council's Vision is "To be the Premier Mountain Resort Community!" Their Mission is to "provide the citizens of Vail and our Guests superior services, outstanding environmental stewardship and an abundance of recreational, cultural and educational opportunities;" 1/3/2012 5 -I -I WHEREAS, the Town of Vail is the major economic engine of Eagle County and its property values are very much part of the funding mechanism of Eagle County schools. In fact, $21.5 million annually is raised through Town of Vail property taxes, thus the town is a major contributor to the school district; and WHEREAS, RSES is currently occupied by 279 students (out of an overall capacity of 400) so is at almost 70% capacity. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council has a clear expectation that Red Sandstone Elementary School will serve this community for decades to come. 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 3rd day of January, 2012. Andrew P. Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk 1/3/2012 5 -1 -2 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: A presentation on the proposed municipal site redevelopment project including the key points of the project, the ToV design program, the draft memorandum of understanding, the financing options, the project schedule, and a series of next steps for advancing the project forward. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: The Town Council is not being asked to make any formal decisions at this time. Instead, town staff will return to the Town Council Meeting on January 17 at which time the Town Council will be asked to take action on the following items: Execute a memorandum of understanding by and between the partners . Select a financing option . Instruct town staff to issue an RFP for design services BACKGROUND: The municipal site redevelopment project is a partnership between the Town of Vail, the Vail Valley Medical Center, the Steadman Clinic, the Steadman- Philippon Research Institute and Howard Head Sports Medicine to construct a new municipal office building and a new medical office building on the Town's municipal office site in an effort to sustain and grow Vail's year -round economy.To date, two phases of pre - development work have been completed. Triumph Development, LLC, acting on behalf of the ToV, VVMC, and SC, has completed a feasibility study and the necessary due diligence to better understand the likelihood of the redevelopment project. The result of the pre - development work has confirmed the partner's assumptions and determined that the project, as proposed, can be reasonably accommodated on the site. ATTACHMENTS: Town Council Memorandum Memorandum of Understanding Power Point Presentation 1/3/2012 0 TOWN OF VAIL " TO: Vail Town Council FROM: George Ruther, Director of Community Development Stan Zem ler, Town Manager DATE: January 3, 2012 SUBJECT: Municipal Site Redevelopment Project I. PURPOSE Memorandum The purpose of this meeting is to present information on the municipal site redevelopment project including the key points of the project, the ToV design program, the draft memorandum of understanding, the financing options, the project schedule and a series of next steps for advancing the project forward. Staff will also provide a written response to the questions raised, but not answered, at the town council meeting on December 20 The municipal site redevelopment project is a partnership between the Town of Vail (ToV), the Vail Valley Medical Center (VVMC), the Steadman Clinic (SC), the Steadman- Philippon Research Institute (SPRI) and Howard Head Sports Medicine (HH) to construct a new municipal office building and a new medical office building on the Town's municipal office site in an effort to sustain and grow Vail's year -round economy. II. KEY POINTS OF THE PROJECT • The redevelopment site includes the westernmost 2 /3rds of the Town of Vail municipal office site. • Two separate buildings (ToV municipal offices and MOB) to be constructed. • The medical office building (MOB) and the Town offices total approximately 77,401 square feet of gross building space. (MOB 55,551 sq. ft. & TOV 21,850 sq. ft.) • A +/ -200 space below grade parking garage would be constructed to accommodate the vehicle parking need. • Pedestrian bridge over South Frontage Road to provide circulation between MOB and VVMC. • Helipad requires relocation to Ford Park at VVMC's expense. • Mitigation of development impacts is required (i.e., employee housing, traffic impact fee, art in public places, etc.). • Development application fees, building permit and plan review fees, and construction use tax payments are required. • ToV to receive payment for land cost or credit towards development costs. • MOB office space to be owned by SC and VVMC. A portion of the office space is to be leased back to SPRI and HH. • The ToV municipal offices are displaced for the duration of the redevelopment project construction period ( +/- 21 months). 1/3/2012 6 -1 -I TOWN OF VAIL DESIGN PROGRAM • Two to Three -story tall building atop a one -story tall parking level podium. • ToV to include +/- 18,000 net usable square feet. • Vehicle parking provided in a below grade structure. • Uses include administration, community development, finance, human resources, information technology, municipal court, police, town council chambers and community meeting space. • Police department addition to remain. IV. V. MEMORANDUM OF UNDERSTANDING (MOU) On October 18, 2011, the Vail Town Council instructed town staff to execute a contractual agreement for phase 2 pre - development services with Triumph Development, LLC. Pursuant to said contract, Triumph Development was to facilitate the preparation of a memorandum of understanding ( "mou ") between the VVMC, SC, and the ToV. To that end, a draft "mou" has been prepared and a copy of the "mou" has been attached for reference. The "mou" is a non- binding document as presently drafted. The topics addressed in the mou may, or may not, be applicable to all the parties. In summary, the "mou" includes the parties' general understanding on the following topics: • Project description • Land Value • Structure of Land Transaction • Agreement to Subdivide • Development of MOB • Development of ToV Offices • Parking Facility Arrangement • Project Schedule • Mitigation of Development Impacts • Creation of MOB Condominium Units • Purchase Price of MOB Condominium Units • Deposits • Site Planning & Design Costs A binding agreement will need to be executed by the parties in the future as the redevelopment project advances forward. (see Sections VI & VII of this memorandum) FINANCING OPTIONS • Cash • General Obligation Bonds • Sales Tax Revenue Bonds Certificates of Participation (CoP) Tax Increment Financing (n /a) Based upon the financing options presented to the Town Council on December 20 by Jonathan Heroux, of Piper Jaffray & Co., staff recommends the town's portion of the municipal site redevelopment project be financed with certificates of participation. Staff's recommendation is based the following conclusions: • High credit quality rating • Repayment is appropriated annually ( +/- $875,000/20yr.) • Cost of repayment less than sales tax revenue bonds • Used for an essential purpose or asset of the Town (ie, municipal offices) • Use of CoP's approved by Town Council 2 1/3/2012 6 -1 -2 • Maintains redevelopment project schedule VI. SCHEDULE The development schedule milestones and durations are outlined below: • Execute the memorandum of understanding Jan. 17, 2012 • Present draft ToV project budget • Issue ToV Design RFP Jan. 20, 2012 Jan. • Design Development Feb. 2012 — Mar. 2012 • Final Legal Document Prep. Feb. 2012 — Mar. 2012 • ToV Entitlement Apr. 2012 —July 2012 • Construction Documents (CD's) Aug. 2012 — Dec. 2012 • Final CDOT Approval Sept. 2012 —Apr. 2013 • ToV Office Relocated Apr. 2013 — Jan. 2015 • Construction May 2013 — Jan. 2015 VII. NEXT STEPS A series of next steps have been identified for the project. The identified next steps are intended to ensure the parties adhere to the project schedule. The next steps include: • Sign memorandum of understanding Jan. 17, 2012 • Present draft ToV project budget Jan. 17, 2012 • Authorization to issue design RFP Jan. 17, 2012 • Negotiate the business deal Feb. 21, 2012 • Finalize ToV program design Mar. 20, 2012 • Determine ToV development approach Mar. 20, 2012 VIII. ACTION REQUESTED The Town Council is not being asked to make any formal decisions at this time. Instead, town staff will return to the Town Council Meeting on January 17 at which time the Town Council will be asked to take action on the following items: • Execute a memorandum of understanding by and between the partners • Select a financing option • Instruct town staff to issue an RFP for design services 3 1/3/2012 6 -1 -3 ►: MEMORANDUM OF UNDERSTANDING DEVELOPMENT OF MEDICAL OFFICE BUILDING AND MUNICIPAL CENTER 75 S. FRONTAGE ROAD, VAIL, COLORADO THIS MEMORANDUM OF UNDERSTANDING (this "Memorandum ") is made and entered into effective as of January , 2012, by and among (i) THE TOWN OF VAIL, COLORADO ( "TOV "); (ii) VAIL VALLEY MEDICAL CENTER ( "VVMC "); (iii) THE STEADMAN CLINIC ( "SC "); and (iv) TRIUMPH DEVELOPMENT, LLC ( "Developer ") (TOV, VVMC, SC and Developer are hereinafter sometimes referred to collectively as the "parties "). BACKGROUND STATEMENT This Memorandum sets forth the understanding of the parties and the basic terms of the agreements to be negotiated among and entered into by the parties in order to enable the redevelopment of the tract of land located at 75 S. Frontage Road in the Town of Vail, Colorado (the "Property "), which is currently occupied by the Town of Vail Municipal Center. The parties acknowledge that, with the sole exception of their undertaking to negotiate in good faith, as set forth in Section 6.3 below, this Memorandum is intended as a non - binding statement of intent, that all agreements and understandings among the parties are to be memorialized in a definitive set of transaction documents (the "Definitive Agreements "), and that the failure of the parties to reach agreement on the terms of, or enter into, the Definitive Agreements will not give rise to any rights or remedies to any of the parties hereto. 1. The Project TOV, VVMC, and SC have determined that it is in the respective best interests of these organizations and entities, and in the best interests of the populations they serve, that the western portion of the Property (the "MOB Parcel ") be redeveloped for use as a medical office building (the "MOB ") containing approximately 56,000 gross square feet of space for office, lab, and other ancillary uses, with a sky bridge connecting the MOB Parcel to the VVMC, and with underground parking to be used in common with the redeveloped TOV Municipal Center, which will occupy the eastern portion of the Property (the "Municipal Center Parcel "), such parking spaces to be made available to each party on the basis of the zoning requirements for the respective uses as well as total parking demand for such uses. Attached hereto as Exhibit A is a conceptual plan depicting the approximate footprints of the MOB and a Municipal Center building currently contemplated for redevelopment by the TOV (the "New Municipal Center Building "). The project that is the subject of this Memorandum (the "Project ") includes the design, approval, development and construction of the MOB, as well as parking facilities to be shared as stated above, comprising a total of two hundred (200) surface and underground parking spaces (the "Parking Facilities "). The parties intend that the MOB, the Parking Facilities, and the "TOV Pad Site" (defined below) will be developed and constructed in accordance with the Development Schedule attached hereto as Exhibit B . With the exception of the Parking Facilities, the Project at this time expressly does not include the WC;SR 7058688v4 1 1/3/2012 6 -2 -1 ►: design, approval, development or construction of the New Municipal Center Building or other above -grade improvements on the Municipal Center Parcel; provided that it is understood and agreed that neither VVMC nor SC object to the expansion of the scope of the Project so as to include the construction of the New Municipal Center Building, and will fully cooperate with the TOV and Developer, or any third -party developer selected by the TOV if, as and when agreements are reached for such construction. Notwithstanding the foregoing, it is agreed that, as part of the Project, Developer will provide the TOV with a building pad site on the Municipal Center Parcel (the "TOV Pad Site "). It is further acknowledged that, in connection with the development of the Project, the helipad currently located on the Property will be relocated off - site, at the far eastern end of Ford Park parking lot, to include necessary parking, fencing, finishing of the pad site, and provision of electric power and lighting. The planning and construction of such new helipad site is not a part of the Project described herein, shall be the sole responsibility of VVMC, and shall be carried out at its direction and at its sole cost and expense. 2. Purchase and Sale of the MOB Parcel The TOV hereby agrees to subdivide the Property of record into two parcels, identified above as the MOB Parcel and the Municipal Center Parcel, and sell and convey the MOB Parcel to Developer in fee simple at the time of closing on a construction loan by Developer. The purchase price for the MOB Parcel will be DOLLARS ($ ) , which will be deferred and payable in one lump sum at the time of completion of the Project and release of bonds posted in connection therewith, but subject to offset by an amount equal to: (i) the costs of developing and constructing the pad site on the Municipal Center Parcel, plus (ii) a portion of hard costs incurred in construction of required Frontage Road and other off -site improvements equal to a fraction, the numerator of which is the square footage of the New Municipal Center Building, and the denominator of which is the aggregate square footage of the New Municipal Center Building and the MOB, plus (iii) that portion of the Parking Facilities to be made available for use by the TOV, as determined under Section 1 above; provided that with respect to design costs, the TOV will be responsible for (and thus the foregoing offset will only include) only the design costs for its New Municipal Center Building, if the TOV determines to proceed with its development, and not for design costs of other Project related elements, including site development, the Parking Facilities, or improvements of any type on the MOB Parcel. At closing on the conveyance of the MOB Parcel to Developer, payment of the purchase price for the MOB Parcel will be evidenced by delivery of Developer's non- interest - bearing deferred purchase money promissory note payable to the TOV and secured by a deed of trust encumbering the MOB Parcel. 3. Development of the MOB The TOV will provide such access and temporary construction easements on and across the Property as shall be necessary for construction of the MOB and the Parking Facilities, preparation of the TOV Pad Site, and landscaping associated with the Project. The TOV will be solely responsible for necessary relocation of governmental functions during the process of construction and for the payment of all costs related thereto. The TOV agrees to act as applicant on all Colorado Department of Transportation ( "CDOT ") applications, and will act diligently to facilitate, as necessary, all interactions with CDOT. Acknowledging the integrated uses contemplated for the Property, the parties will enter into a reciprocal easement and operating agreement to provide for such permanent access and utility easements as may be necessary for the uses contemplated hereby, and to provide for the ongoing maintenance and repair of shared infrastructure, and the funding thereof. WC;SR 7058688v4 2 1/3/2012 6 -2 -2 ►: 4. Condominium Regime Developer will subject the MOB Parcel to a condominium regime comprising two condominium units (each, a "Unit "; collectively, the "Units "). On or before February 1, 2012, VVMC and Developer will enter into a Purchase and Sale Agreement providing that, upon completion of the MOB, and creation of the Units in accordance with applicable law, VVMC will acquire one of the Units, comprising approximately 25,000 gross square feet of space, portions of which Unit will be used by the Howard Head Sports Medicine Center and the Steadman Philippon Research Institute (the "VVMC Unit "). On or before February 1, 2012, SC and Developer will enter into a Purchase and Sale Agreement providing for the simultaneous purchase by SC of the other Unit, comprising approximately 31,000 gross square feet of space, for use as doctors' offices and an imaging lab (the "SC Unit "). 5. Purchase Price of Condominium Units The Purchase and Sale Agreements for the Units will provide for a purchase price equal to each Unit's share of the costs of development and construction, as described herein, plus a development fee of ten percent (10 %). All "hard costs" will be incurred under contracts with contractors and suppliers approved by VVMC and SC, and that are subject to a bidding process in which VVMC and SC shall be permitted to participate. The purchase price for the Units will be finalized, and a guaranteed maximum price agreed to, upon receipt of all entitlements and other governmental approvals necessary for the development and construction of the MOB and Parking Facilities. 6. Deposits The Purchase and Sale Agreements for the Units will provide for deposits to be posted by the purchasers in three (3) installments, as follows: WE #1 SC $400,000 1W VVMC $400,000 #2 SC $1,000,000 VVMC $1,000,000 #3 SC 35% of SC Purchase Pri ce VVMC 35% of VVMC Purchase F Mil February 1, 2012 February 1, 2012 Adoption of Approved Development Plan Adoption of Approved Development Plan Issuance of Building Permits 'rice Issuance of Building Permits 6. General Provisions 6.1 This Memorandum is intended for the exclusive benefit of the parties hereto and their respective successors and assigns, and nothing contained in this Memorandum shall be construed as creating any rights or benefits in or to any third party, and shall not be enforceable by any third party. 6.2 This Memorandum and the rights and obligations of the parties hereunder shall be construed in accordance with the and governed by the internal laws of the State of Colorado without giving effect to the conflict of laws principles thereof. 6.3 Following the execution of this Memorandum, the parties shall negotiate in good faith concerning the terms of the Definitive Agreements. Such agreement to negotiate in good WC;SR 7058688v4 3 1/3/2012 6 -2 -3 ►: faith is intended as a binding agreement among the parties, although the parties acknowledge that if, despite the good faith efforts of the parties, they fail finally to agree on the terms of Definitive Agreements, such failure will not give rise to any rights or remedies to any of the parties hereto. 6.4 This Memorandum may be executed in one or more counterparts. 6.5 This Memorandum constitutes the entire understanding of the parties and supersedes any and all prior understandings or agreements between the parties, whether written or oral, with respect to the subject matter hereof. This Memorandum may not be amended or modified except in writing signed by the parties hereto. 6.6 The parties acknowledge and agree that this Memorandum is not intended to, nor shall it, create any partnership or joint venture between or among any of the parties hereto. 6.7 Assignment Neither this Memorandum nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. 6.6. Governmental Immunity The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this memorandum, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10 -101, etseq., as amended, or otherwise available to the Town and its officers or employees. 6.7 Subject to Annual Appropriation Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the District not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the Town hereunder nail extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first written above. VAIL VALLEY MEDICAL CENTER IM Doris Kirchner, President & CEO wC;SR 7058688v4 THE STEADMAN CLINIC By: 4 1/3/2012 6 -2 -4 ►: Lyon Steadman, M.D., CEO THE TOWN OF VAIL IM Stan Zemler, Town Manager TRIUMPH DEVELOPMENT, LLC IM Steve Virostek, Member WC;SR 7058688v4 5 1/3/2012 6 -2 -5 ►: Exhibit A Conceptual Site Plan WC;SR 7058688v4 6 1/3/2012 6 -2 -6 ►: — Deal MOU Negotiation — Design Development — Final Legal Doc Prep — Town of Vail Entitlement — Construction Documents — Formal CDOT Approval — Construction Start WC;SR 7058688v4 Exhibit B Development Schedule Dec -2011 to Jan-2012 (2 months) Feb -2012 to Mar -2012 (2 months) Feb -2012 to Mar -2012 (2 months) Apr -2012 to Jul -2012 (4 months) Aug -2012 to Dec -2012 (5 months) Sep -2012 to Apr -2013 (8 months) May -2013 to Jan-2015 (21 months) 7 1/3/2012 6 -2 -7 ►: WC;SR 7058688v4 8 1/3/2012 6 -2 -8 41P A �pp ? kl Jp 0 m E r) 0 V 0 Cd V M O 4-J V 0 V rz i 7 i i i i w u � > a l7 � Y Z Z t.n CO W D Ln N N o cn M � D Z 7 m m Q I N W W O _.I 0 G W W � Q Z CYI- u O 0= U 7 i i i i w u � > a l7 � Y Z Z t.n CO W D Ln N N o cn M � n � W n � W J 17m] 1� I ME N m o cn ry M � 0, n � W n � W J 17m] 1� I m �I g i ❑ � w I I I I I I I' m m ►i L�".J M 4� 4� J �I �I - - - - �I eO_ n � W n � W J (1) W • L M e m I I I � � I I I I I I I 8'S� po8� N Ic o cn M � J 4� on M L M U - -------------- wa 3 i - - - -- -------------------------- ----------- -------- IHE I I i I l i I i i I � m li i N i I I i I , i i j i O ^ V W ✓ I on N oc o cn N M � N on M W V O J M L V (1) a--) V L El L O O L.. 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Gross SF 21,763 ? ?? Vail Medical & Muncipal Office Development Cost of Incremental Office Space Additional SF 8,0001 Required Parking Per 1000sf 4 32 Devel opment ' Land Cost $ - $ - Hardcost - Core /Shell $ 1,480,000 $ 185.00 Hardcost - TI $ 600,000 $ 75.00 Hardcost - Garage ($ Per Spot) $ 60,000 $ 1,920,000 $ 240.00 Hardcost - Contingency 5% $ 200,000 $ 25.00 EHU (Ees, $ Per) 3 $ 60,000 $ 180,000 $ 22.50 Other Softcost $ 225,000 $ 28.13 Financing $ - $ - Total Cost $ 4,605,000 $ 575.63 Project ' NNN Rent Cost (Rent Constant) 8.0% $ 368,400 $ 46.05 Operting Expenses $ 88 $ 11.00 Full Service Rent $ 456,400 $ 57.05 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 3, 2012 ITEM /TOPIC: Second reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC110058) PRESENTER(S): Bill Gibson, Community Development Department ACTION REQUESTED OF COUNCIL: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2011, on second reading. BACKGROUND: On December 12, 2011, the Planning and Environmental Commission forwarded the Vail Town Council a recommendation of approval, with the modifications outlined in Section II of the Staff memorandum to the Commission dated December 12, 2011, for amendments to the employee housing requirements of Special Development District No. 22, Grand Traverse. The purpose of this ordinance is to amend the provisions of the special development district to: allow the employee housing requirements of the special development district to be met within the district, off -site, or a combination thereof; allow employee housing units to be exchanged in accordance with the procedures of Section 12 -13- 5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and to "clean -up" the unclear, outdated, and inconsistent provisions of the district. On December 20, 2011, the Vail Town Council approved the first reading of Ordinance No. 27, Series of 2011, by a vote of 4 -3 -0 (Daly, Donovan, and Foley opposed). STAFF RECOMMENDATION: The Planning and Environmental Commission recommends approval of Ordinance No. 27, Series of 2011, on second reading. ATTACHMENTS: Town Council memorandum Ordinance No. 27, Series of 2011 1/3/2012 0 ) TOWN OF VAIL ' TO: Vail Town Council FROM: Community Development Department DATE: January 3, 2012 Memorandum SUBJECT: An ordinance repealing and re- establishing Special Development District No. 22 Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. (PEC110058) Applicant: William and Pamela Bailey, represented by Mauriello Planning Group Planner: Bill Gibson I. SUMMARY The applicants are requesting a second reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District No. 22, Grand Traverse, to allow for amendments to the district pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code. The purpose of this ordinance is to amend the provisions of the special development district to: • allow the employee housing requirements of the special development district to be met within the district, off -site, or a combination thereof; allow employee housing units to be exchanged in accordance with the procedures of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; and, "clean -up" the unclear, outdated, and inconsistent provisions of the district. On December 12, 2011, the Planning and Environmental Commission forwarded the Vail Town Council a recommendation of approval with modifications incorporated into the attached Ordinance No. 27, Series of 2011 (Attachment A). 1/3/2012 7 -1 -1 On December 20, 2011, the Vail Town Council approved the first reading of Ordinance No. 27, Series of 2011, by a vote of 4 -3 -0 (Daly, Donovan, and Foley opposed). There have been no changes to the proposed ordinance since the first reading. II. DESCRIPTION OF THE REQUEST The applicants, William and Pamela Bailey, own a home with an attached employee housing unit in the Dauphinais - Moseley Subdivision Filing 1 which is zoned Special Development District No. 22, Grand Traverse. Special Development District No. 22, Grand Traverse, requires that "The developer shall build a minimum of six employee dwelling units within the subdivision..." The employee housing unit attached to the Bailey's home is one of the six existing employee housing units built in the subdivision as required by the special development district. The applicants can not remove the employee housing unit or transfer the associated deed restriction from their property, in accordance with the Town's adopted Employee Housing Unit Deed Restriction Exchange Program, without amendments to the provisions of the special development district. The SDD requirement for six employee housing units within the subdivision was adopted in 1990 with the approval of amendments to the special development district. There is no record in the 1990 SDD amendment application, Planning and Environmental Commission memorandums and hearing minutes, or Town Council hearing memorandums and minutes explaining why specifically six employee units were required. The 1990 amendments allowed "a maximum of 15 employee dwelling units (including the six required employee units) may be included within 15 of the single - family units if so desired by the developer or the individual lot owner." There is no record in the 1990 SDD amendment application, Planning and Environmental Commission hearing memorandums and minutes, or Town Council hearing memorandums that the concept of off -site employee housing mitigation was considered or discussed. III. BACKGROUND The Community Development Department's archives include an index of the adopted special development districts within the Town of Vail. Special Development District No. 22 was described on the SDD index as follows: "SDD NO. 22 LIONS RIDGE #3 PURPOSE OF SDD /DEVIATION FROM ZONE DISTRICT. SDD allowed greater flexibility in the design of 24 single family lots. Density is actually reduced by this approval. PUBLIC BENEFITS. Density reduction and commitment that if secondary units are built, they are restricted to employee rental." Town of Vail Page 2 1/3/2012 7 -1 -2 On August 16, 1988, the Vail Town Council adopted Ordinance No. 23, Series of 1988, to establish Special Development District No. 22 , Lions Ridge #3 (a.k.a. Grand Traverse). The stated purpose of this district was in part: "...there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary/Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general. " The "public benefit" of this special development district was the reduction of density from 38 total dwelling units (i.e. 19 Primary/Secondary lots) to 24 single - family lots /dwelling units. The special development district also reduced the allowable gross residential floor area (GRFA) on the subject property by 9,203 sq. ft. Ordinance No. 23, Series of 1988, did not require or allow employee housing within the newly established special development district. Employee housing became a higher priority public policy for the Town of Vail in the late 1980's and early 1990's. For example on July 11, 1989 the Vail Town Council adopted Ordinance No. 15, Series of 1989, to specifically allow employee housing with each single - family lot in Lionsridge Subdivision Filing 4. In January of 1990 the Vail Town Council, Planning and Environmental Commission, and a Housing Task Force began work on the Town of Vail Affordable Housing Study to create policies and recommendations to address the community's need for affordable housing for local, year -round and seasonal residents. The Town's study was conducted concurrently with an Eagle County Affordable Housing Study. Another example of employee housing becoming a higher priority to the Town of Vail during this period was the April 17, 1990, approval of an intergovernmental agreement with Eagle County and the Town of Avon to purchase the down - valley "Berry Creek Parcel" and "Miller Parcel" (i.e. Miller Ranch) for the construction of recreational facilities and employee housing. Also on April 17, 1990, the Vail Town Council adopted three ordinances (11, 13, and 14) associated with three separate special development districts (Warner Development, the subject Grand Traverse, and Garden of the Gods). Each of these ordinances identified a need for affordable house, but acknowledged the absence of adopted housing policies. All three ordinances included an employee housing requirement. On April 17, 1990, the Vail Town Council adopted Ordinance No. 11, Series of 1990, to establish Special Development District No. 24, Warner Development (Sunburst Drive). Ordinance No. 11, Series of 1990, stated: Town of Vail Page 3 1/3/2012 7 -1 -3 "...Whereas, there is an identified need for affordable housing in the community; and Whereas, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units, and..." Ordinance No. 11, Series of 1990, included the following employee housing requirement for the Warner Development SDD: "The following are conditions of approval for Special Development District No. 24. 1. The use of the secondary units on lots 3, 4, and 5, as indicated on floor plans referenced in Section 3 of this ordinance, shall be permanently restricted to long term employee housing rental..." On April 17, 1990, the Vail Town Council also adopted Ordinance No. 13, Series of 1990, amending the subject Special Development District No. 22, Grand Traverse, concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. Ordinance No. 13, Series of 1990, stated: "...Whereas, there is an identified need for affordable housing in the community; and Whereas, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units, and..." Ordinance No. 13, Series of 1990, allowed a density of "a total of 24 single- family units on the entire property. A minimum of 6 employee dwelling units shall be incorporated into any 6 of the single- family units. A maximum of 15 employee dwelling units (including the six required employee units) may be included within 15 of the single - family units if desired by the developer or individual lot owner." Ordinance No. 13, Series of 1990, included the following employee housing requirement for the Grand Traverse SDD: "G. The development of Special Development District No 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22. The developer shall build a minimum of six employee dwelling units within the subdivision..." Town of Vail Page 4 1/3/2012 7 -1 -4 Also on April 17, 1990, the Vail Town Council adopted Ordinance No. 14, Series of 1990, to amend Special Development District No. 19, Garden of the Gods (a.k.a. Galatyne Lodge). Ordinance No. 14, Series of 1990, stated: "...Whereas, there is an identified need for affordable housing in the community; and Whereas, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units, and..." Ordinance No. 14, Series of 1990, included the following employee housing requirement for the Garden of the Gods SDD: "6. Density. SDD No. 19 shall also contain 2 employee housing dwelling units as indicated on the Ground Floor Plan... " On May 14, 1990, the Town of Vail Planning and Environmental Commission approved the re- subdivision of the subject property (Grand Traverse SDD) as the Dauphinais- Moseley Subdivision Filing 1. The plat includes the notes that: "The Development Standards for this final plat entitled ... which include the total acreage of this resubdivision, permitted uses, conditional uses, accessory uses, maximum GRFA for Lots 1 through 24 inclusive, setbacks, density, building height, site coverage, parking, and other design guidelines shall be set forth in Ordinance No. 13, Series of 1990 entitled..." On May 15, 1990, the Vail Town Council adopted Ordinance No. 17, Series of 1990, to establish Special Development District No. 16, Elk Meadows. Similarly, Ordinance No. 17, Series of 1990, stated: "...Whereas, there is an identified need for affordable housing in the community; and Whereas, the Town of Vail has not adopted formal policies to encourage the development of affordable housing units, and..." Ordinance No. 17, Series of 1990, allowed a density of 5 single - family dwelling units and 5 optional employee dwelling units. Similarly, Ordinance No. 17, Series of 1990, included the following employee housing requirement for the Elk Meadows SDD: "C. The development of Special Development District No 16 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 16 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 16. Town of Vail Page 5 1/3/2012 7 -1 -5 The developer shall build a minimum of one employee dwelling unit within the subdivision..." On November 20, 1990, the Vail Town Council adopted the Town of Vail Affordable Housing Study presented by the Housing Task Force. This study recognized a need to increase the supply of locals /employee housing units and presented the following employee housing related recommendations: Phase I Recommendations: "A) Provisions for accessory units in Single- Family, Primary/Secondary and Duplex zone districts. 8) Create new definitions in the land use code for permanently deed restricted affordable housing and studio housing units. C) ...Create a Town of Vail Housing Authority to assist in the coordination and administration of the affordable housing program... D) Amendment of standards and criteria for Special Development Districts to provide for Affordable Housing Unit Developments. E) Special Development Districts for commercial, mixed -use, or free market residential development to provide for affordable housing units. F) Waiver of development land processing fees related to the construction of deed restricted affordable housing units constructed with the Town of Vail." Phase II Recommendations: "A) Requirement for residential development to allocate a specified minimum percentage of all proposed units and /or GRFA to be permanently restricted to affordable housing. Requirement that all new commercial development or expansions beyond a specified amount of square footage, provide affordable housing facilities at some percentage (to be determined) of direct employment generated by the development. 8) Affordable housing units provided "for purchase" by local residents. C) Enact, as an ongoing housing revenue source, some equitable levy such as employee head tax, an expanded real estate transfer tax, or another program which would raise sufficient revenues to support the desired level of effort." In 1991 the subject Special Development District No. 22, Grand Traverse, was again amended. On May 7, 1991, the Vail Town Council adopted Ordinance No. 10, Series of 1991, concerning lot size and corresponding GRFA and employee dwelling units and architectural guidelines in Special Development District No. 22, Grand Traverse. Town of Vail Page 6 1/3/2012 7 -1 -( Typographical and wording corrections to this ordinance were adopted on October 15, 1991, by Ordinance No. 32, Series of 1991. The 1991 amendments to the Grand Traverse include changes to the special development conditions of approval. Instead of the allowing a maximum of 15 employee dwelling units: "The developer may provide up to 24 employee dwelling units including the 6 required dwelling units if so desired." In 1992 the Town of Vail adopted formal employee housing regulations. On September 1, 1992, the Vail Town Council adopted Ordinances 9, Series of 1992, to establish a new chapter of the Zoning Regulations titled Chapter 18.57, Employee Housing (now titled Chapter 12 -13), defined an employee housing unit, and for the first time allowed employee housing units as permitted or conditional uses within certain zone districts. Later that year in December, the Vail Town Council adopted Ordinance No. 27, Series of 1992, to regulate the leasing and sales of employee housing units. Since the Town's 1992 adoption of employee housing regulations, Special Development District No. 22, Grand Traverse, have been amended three more times: • Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. Ordinance No. 25, Series of 2005, concerning the elimination of GRFA limitations within the district and a change to the number of lots. January 21, 2008, Staff approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes). The Town of Vail's employee housing regulations have been amended several times since 1992, with the most recent concerning the Employee Housing Deed - Restriction Exchange Program. On January 6, 2009, the Vail Town Council adopted Ordinance No. 31, Series of 2008, to establish an employee housing deed - restriction exchange program. The stated purpose of these new regulations was as follows: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted." On June 21, 2011, the Vail Town Council amended the employee housing deed - restriction exchange program through the adoption of Ordinance No. 10, Series of 2011. The purpose of the exchange program regulations was amended to read as follows: Town of Vail Page 7 1/3/2012 7 -1 -7 "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail." Since the June adoption of the employee housing deed - restriction exchange program amendments, the Town of Vail has approved a similar special development district amendment application to allow property owners within an SDD to participate in the exchange program. On September 26, 2011, the Planning and Environmental Commission reviewed a similar application for a major amendment to Special Development District No. 29, The Valley Phase II. The Commission forwarded a recommendation of approval to the Vail Town Council to allow the on -site employee housing requirements of The Valley Phase II to be met off -site through the employee housing unit deed restriction exchange program. On October 18, 2011, the Vail Town Council adopted Ordinance No. 19, Series of 2011, an ordinance repealing and reenacting Special Development District NO. 29, The Valley Phase II, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the exchange of the on -site employee housing unit (EHU) requirement in accordance with the provisions of section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. On December 12, 2011, the Planning and Environmental Commission held a public hearing on the subject request to similarly amend Special Development District No. 22, Grand Traverse. The Commission forwarded a recommendation of approval to the Vail Town Council with the modifications incorporated into the proposed ordinance. IV. ACTION REQUESTED OF THE COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 27, Series of 2011, on second reading. V. RECOMMENDATION On December 12, 2011, the Planning and Environmental Commission forwarded the Vail Town Council a recommendation of approval with modifications incorporated into the attached Ordinance No. 27, Series of 2011. Should the Vail Town Council choose to approve this ordinance on second reading; the Planning and Environmental Commission recommends the Council pass the following motion: Town of Vail Page 8 1/3/2012 7 -1 -8 "The Vail Town Council approves the second reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District No. 22, Grand Traverse, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow the employee housing requirements of the special development district to be met off -site through the provisions of Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto." Should the Vail Town Council choose to approve Ordinance No. 27, Series of 2011, the Planning and Environmental Commission recommends the Vail Town Council makes the following findings: "Based upon the review of the criteria outlined in Section VII of Staff's December 12 2011, memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Vail Town Council finds. 1. The proposal to amend Special Development District No. 22, Grand Traverse, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code, and, 2. The applicant has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, 3. The request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan." VI. ATTACHMENTS A. Ordinance No. 27, Series of 2011 Town of Vail Page 9 1/3/2012 7 -1 -9 ORDINANCE NO. 27 Series of 2011 AN ORDINANCE REPEALING AND RE- ESTABLISHING SPECIAL DEVELOPMENT DISTRICT NO. 22, GRAND TRAVERSE, PURSUANT TO SECTION 12- 9A -10, AMENDMENT PROCEDURES, VAIL TOWN CODE, TO ALLOW THE EMPLOYEE HOUSING REQUIREMENTS OF THE SPECIAL DEVELOPMENT DISTRICT TO BE MET OFF -SITE THROUGH THE PROVISIONS OF SECTION 12 -13 -5, EMPLOYEE HOUSING UNIT DEED RESTRICTION EXCHANGE PROGRAM, VAIL TOWN CODE, 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"); WHEREAS, the members of the Vail Town Council of the Town (the "Council') have been duly elected and qualified; WHEREAS, the Planning and Environmental Commission (the "PEC ") of the Town of Vail has held public hearings on the proposed amendments in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of these amendments at its December 12, 2011, public hearing, and has submitted its recommendation to the Vail Town Council; WHEREAS, Ordinance No. 23, Series of 1988, established Special Development District No. 22 (the "District "), for the following purpose (in part): "...there are significant aspects of Special Development 22 which are difficult to satisfy through the imposition of the standards of the Primary/Secondary zone district. SDD 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single family lots provide the opportunity for a common open space for the subdivision as well as to preserve the southerly ridge line of the property. SDD 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties and the community in general. "; WHEREAS, Ordinance No. 13, Series of 1990, amended the District concerning lot size and corresponding gross residential floor area (GRFA), curb cuts, employee dwelling units, and architectural guidelines. Section 5 of that ordinance included the following condition of approval: "G. The development of Special Development District No 22 will have impacts on Ordinance No. 27, Series 2011 1/3/2012 Page 1 7 -2 -1 the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development No. 22 shall provide employee housing on site. The following restrictions shall apply to all employee housing units within SDD No. 22: The developer shall build a minimum of six employee dwelling units within the subdivision... "; WHEREAS, the provisions of the District were subsequently amended as follows: • Ordinance No. 9, Series of 1998, concerning lot sizes, number of lots and corresponding development standards, and architecture guidelines. • Ordinance No. 10, Series of 1991, concerning lot size and corresponding gross residential floor area (GRFA) and employee dwelling units and architectural guidelines. • Ordinance No. 32, Series of 1991, providing typographical and wording corrections. • Ordinance No. 25, Series of 2005, concerning the elimination of gross residential floor area (GRFA) limitations within the district and the number of lots. • January 21, 2008, administratively approved minor amendment modifying the allowable roofing types (i.e. prohibiting wood shakes); WHEREAS, at the time of this ordinance, the six (6) required on -site employee housing units of the District have been constructed at the following addresses: Lot 1, 1402 Moraine Drive; Lot 5, 1410 Moraine Drive; Lot 10, 1420 Moraine Drive; Lot 13, 1426 Moraine Drive; Lot 18, 1700 Lions Ridge Loop; and Lot 24, 1403 Moraine Drive; WHEREAS Ordinance No. 31, Series of 2008, established an employee housing deed - restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows for the release of a deed restriction from an existing employee housing unit in exchange for the conveyance of a free market dwelling unit to the Town of Vail to be deed restricted. "; WHEREAS Ordinance No. 10, Series of 2011, amended the employee housing deed - restriction exchange program for the following purpose: "The purpose of this Section is to provide occupied livable, affordable employee Ordinance No. 27, Series 2011 1/3/2012 Page 2 7 -2 -2 housing units within the Town of Vail through the establishment of an employee housing unit deed restriction exchange program. The exchange program allows the Town Council to release a deed restriction from an existing employee housing unit in exchange for the placement of an employee housing deed restriction on another dwelling unit and/ or a fee -in -lieu payment made to the Town of Vail. "; WHEREAS, the purpose of this ordinance is to amend the District to allow the employee housing requirements of the district to be met within the district, off -site, or a combination thereof; WHEREAS, the purpose of this ordinance is to amend the District to allow employee housing units to be exchanged in accordance with the procedures outlined in Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code; WHERAS, the purpose of this ordinance is to "clean -up" the unclear, outdated, and inconsistent provisions of the District; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the proposed amend to the District, complies with the nine design criteria outlined in Section 12 -9A -8 of the Vail Town Code; WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the applicant has demonstrated to the satisfaction of the Council that any adverse effects of the requested deviations from the development standards of the underlying zoning are outweighed by the public benefits provided; and, WHEREAS, based upon the review of the evidence and testimony presented, the Vail Town Council finds that the request is consistent with the development goals and objectives of the Town of Vail Comprehensive Master Plan. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Special Development District No. 22, Grand Traverse, is hereby repealed and re- established to read as follows: SECTION 1. AMENDMENT PROCEDURES FULFILLED, PLANNING AND ENVIRONMENTAL COMMISSION REPORT The approval procedure prescribed in Section 12- 9A -10, Amendment Procedures, Vail Town Code have been fulfilled, and the Vail Town Council has received the report of the Planning and Environmental Commission recommending approval, of the proposed development plan for Special Development District No. 22. Ordinance No. 27, Series 2011 Page 3 1/3/2012 7 -2 -3 SECTION 2. SPECIAL DEVELOPMENT DISTRICT NO. 22 Special Development District No. 22 (SDD 22) and the development plan therefore, are hereby approved for the development of Lots 1 through 19, Block 2, Lionsridge Subdivision Filing 3 within the Town of Vail consisting of 10.69 acres. SECTION 3. PURPOSE Special Development District No. 22 is established to ensure comprehensive development and use of an area that will be harmonious with the general character of the Town of Vail. The development is regarded as complementary to the Town by the Town Council and meets each of the design standards and criteria as set forth in Section 12 -9A -8 of the Vail Town Code. There are significant aspects of Special Development District No. 22 that are difficult to satisfy through the imposition of the standards of the underlying Two - Family Primary/Secondary Residential District. Special Development District No. 22 allows for greater flexibility in the development of the land than would be possible under the current zoning of the property. The smaller single - family lots provide the opportunity for a common open space for the subdivision as well as the means to preserve the southerly ridge line of the property. Special Development District No. 22 provides an appropriate development plan to preserve the visual quality of the site from within the subdivision as well as adjacent properties in the community in general. SECTION 4. DEVELOPMENT PLAN A. The development plan for SDD 22 is approved and shall constitute the plan for development within the Special Development District. The development plan is comprised of those plans submitted by Dauphinais - Moseley Construction and consists of the following documents: 1. Site development plan, Lionsridge Resubdivision of Lots 1 -19, Vail, Colorado, Intermountain Engineering, dated July 7, 1998. 2. Conceptual landscape plan, Intermountain Engineering, dated July 7, 1998. 3. Final Plat of Lionsridge Subdivision Filing No. 5, A Resubdivision of Lots 1 -19, Block 2, Lionsridge Subdivision Filing No. 3, Town of Vail, County of Eagle, State of Colorado, sheets 1 and 2, Intermountain Engineering Limited, dated April 19, 1989, Amended Final Plat of Dauphinais - Moseley Subdivision Filing No. 1, A Resubdivision of Lots 5, 6, 7, 8, 9 7 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated July 21, 1998, and Amended Final Plat: Ordinance No. 27, Series 2011 1/3/2012 Page 4 7 -2 -4 A Resubdivision of Lot 5, Amended Final Plat: Dauphinais - Moseley Subdivision Filing 1: A Resubdivision of Lots 5, 6, 7, 8, 9, and 10, Town of Vail, County of Eagle, State of Colorado, Intermountain Engineering, dated February 3, 2006. 4. Construction, grading and drainage drawings for a resubdivision of Lots 1 -19, Block 2, and Lionsridge Lane, Lionsridge Subdivision Filing No. 3, Town of Vail, Eagle County, Colorado, Intermountain Engineering Limited, sheets 1 -8, dated March 9, 1989. 5. Soils and Foundation Investigation for Lots 1 -24, Lionsridge 5th Filing. 6. Lionsridge Color Palette, Arno ld /Gwathmey /Pratt Architects, March 1990. 7. The subdivision plat for Dauphinais - Moseley Subdivision recorded August 23, 1990, July 21, 1998, and February 3, 2006. B. The development standards shall be as follows: 1. Acreage: The total area of this site is 10.69 acres or 465,650 square feet. 2. Permitted Uses: The following uses shall be permitted in SDD 22: a. Single- family dwellings. b. Open space. c. Public roads. d. Employee housing units as further regulated by Subsection 5D of this ordinance and Chapter 12 -13, Employee Housing, Vail Town Code. 3. Conditional Uses: The following conditional uses shall be permitted in SDD 22, subject to the issuance of a conditional use permit in accordance with Chapter 12 -16, Conditional Uses, Vail Town Code: a. Public utility and public service uses. b. Public buildings, grounds and facilities. c. Public and private schools. d. Public park and recreation facilities. 4. Accessory Uses: The following accessory uses shall be permitted in SDD 22: a. Private greenhouses, toolsheds, playhouses, garages or carports, swimming pools, patios, or recreation facilities customarily Ordinance No. 27, Series 2011 1/3/2012 Page 5 7 -2 -5 incidental to single - family residential uses. b. Home occupations, subject to issuance of a home occupation permit in accordance with the provisions of Section 12- 14 -12, Home Occupations, Vail Town Code. c. Other uses customarily incidental and accessory to permitted or conditional uses, and necessary for the operation thereof. 5. Setbacks: Minimum setbacks shall be as indicated on the approved site development plan by Intermountain Engineering, dated July 7, 1998. A 4- foot roof overhang shall be allowed in the front setback for Lots 15 -19, provided the rear setback is increased by 4 feet. A 4 -foot roof overhang shall be allowed in the rear setback of Lots 20 -24, provided the front setback is increased by 4 feet. Roof overhangs shall be allowed to encroach up to 2 feet into the required side setback of 10 feet for each lot. An unenclosed, unroofed, deck or patio within 5 feet of finished grade may encroach into the rear setback by 5 feet for Lots 1 -14 and Lots 20 -24. No other setback encroachments shall be allowed. 6. Density: Approval of this development plan shall permit a total of 23 single - family dwelling units on the entire property. A maximum of 23 employee housing units shall be permitted on the entire property. 7. Building Height: For a sloping roof, the height of the building shall not exceed 33 feet. The height calculation shall be made by measuring from the existing grade as indicated on the Intermountain Engineering Topographical Survey dated March 13, 1990 or finished grade. Height shall be calculated pursuant to Section 12 -2 -2, Definitions, Vail Town Code. 8. Site Coverage: Not more than 25 percent of the total site area on each lot shall be covered by buildings. "Site coverage" shall be calculated pursuant to Section 12 -2 -2, Definitions, Vail Town Code. 9. Parking: Parking shall be provided pursuant to Chapter 12 -10, Off Street Parking and Loading, Vail Town Code. Each employee housing unit within SDD 22 shall have at least one enclosed garage parking space. 10. Design Guidelines: The development of each lot shall be guided by the architectural and landscape design guidelines as approved as part of the Special Development District No. 22. The guidelines are as follows: a. Architectural The architectural design of the buildings upon the site shall be such that buildings relate harmoniously to each other. This is not to imply that each building must look exactly similar to Ordinance No. 27, Series 2011 1/3/2012 Page 6 7 -2 -6 those around it, but that compatibility be achieved through the use of scale, materials and colors, and building shape and form. The overriding concern is that, upon completion, the Special Development District, because of the clustered nature of the small single - family lots situated around common open space, should appear to be an integrated development possessing a common architectural quality, character, and appearance. To this end the following general design criteria shall be followed by the developer and individual lot owners: b. Color. A palette of colors shall be as set forth in the Lionsridge Color Palette from Arno ld /Gwathmey /Pratt dated March 1990. Colors are indicated for the use on different types of building materials and elements such as stucco colors, siding colors, metal flashing, windows, accent colors, etc. The palette of colors indicates a range of acceptable colors in order to encourage similarity on one hand, but also diversity within the acceptable range. c. Building Standards and Materials. The following building standards and materials shall be adhered to: (1) Roof The roof pitch shall be a minimum 8/12 and a maximum of 12/12. A gable, clipped gable or hipped roof shall be mandatory. Dormers shall be allowed. The roofing material shall be synthetic wood shingles with staggered butts. (2) Chimneys. The chimneys shall be stucco with chimney caps of weathered copper. (3) Flues. All flues shall be galvanized or painted sheet metal, painted to match the roof. (4) Main Fascia The main fascia shall be a solid color stain, with brown, taupe, or gray. (5) Secondary Fascia and Metal Railings above the First Floor. The secondary fascia and metal railings above the first floor shall be a muted accent trim color. (6) Walls Walls shall be of stucco and horizontal or vertical wood siding. Stucco colors shall be gray, beige or off - white. Wood siding colors shall be gray, brown or taupe. (7) Stone Residences shall have a minimum of a two foot Ordinance No. 27, Series 2011 1/3/2012 Page 7 7 -2 -7 high stone wainscot in rainbow mix with a sandstone cap around the perimeter of the structure, except under decks where substantially concealed by landscaping. (8) Windows. Windows located within stucco areas shall have a minimum of two inches of relief from the outside wall plane and have a sandstone sill. (9) Outdoor Lighting. Outdoor lighting shall be indirect with a concealed source except for an entry chandelier, two carriage lights and one pilaster light which may be exposed globes with a fixture of black or weathered copper look metal. The maximum number of outdoor lights permitted on each lot shall be 15, as calculated pursuant to Section 14- 10-7, Outdoor Lighting, Vail Town Code, regardless of lot size. (10) Garages No garage doors shall directly face the street, except on Lot 24 and Lot 14. (11) A residential address /nameplate, if desired by the owner, shall be located on the side of the garage facing the access point to the lot. (12) When the individual landscape plans are designed for individual lots, special care shall be taken in the design of side yard landscaping in order to provide adequate screening between structures. 11. Recreational Amenities Tax: The recreation amenities tax shall be assessed at the rate for a Single - Family Residential District. SECTION 5. CONDITIONS OF APPROVAL A. The development of Special Development District No. 22 will have impacts on the available employee housing within the Upper Eagle Valley Area. In order to help meet this additional employee housing need, the developer of Special Development District No. 22 shall provide a minimum of 6 deed - restricted employee housing units. These required employee housing units may be located within SDD 22, off -site, or a combination thereof. Any required employee housing units located within SDD 22 shall be subject to the restrictions outlined in Subsection 5D of this ordinance. Any required employee housing units located off -site shall be subject to the provisions of Chapter 12 -13, Employee Housing, Vail Town Code, as may be amended. The required employee housing units, both on -site and off -site, shall be eligible for exchange in accordance with the procedures outlined in Section 12 -13 -5, Employee Housing Unit Deed Restriction Ordinance No. 27, Series 2011 1/3/2012 Page 8 7 -2 -8 Exchange Program, Vail Town Code, as may be amended. B. The following restrictions shall apply to all employee housing units, required and non - required, within SDD 22: 1. Each employee housing unit shall have a minimum square footage of 400 square feet not to exceed 800 square feet and shall have a kitchen or kitchenette. The square footage of an employee housing unit shall be measured from the inside face of the walls creating the unit (i.e., not including furring, sheetrock, plaster, and other similar wall finishes). 2. The employee housing units may be located on any of the lots within the subdivision providing all the development standards are met for each lot. Only one employee housing unit shall be allowed per lot with a maximum of 23 employee housing units allowed. Each employee housing unit shall be incorporated into the structure of the single - family dwelling and shall not be allowed to be separated from the single - family dwelling. Each employee housing unit shall have at least one enclosed garage parking space. This parking space shall not be detached from the single - family garage or structure 3. The employee housing unit shall be leased to full -time employees who work in Eagle County. The employee housing unit shall not be leased for a period less than thirty consecutive days. For the purposes of this section, a full -time employee is one who works an average of thirty hours each week. 4. The employee housing unit may not be sold, transferred, or conveyed separately from the single - family dwelling it is a part of. 5. The employee housing unit shall not be divided into any form of timeshares, interval ownership, or fractional fee ownership as those terms are defined in the Vail Town Code. 6. No later than February 1 of each year, the owner of each employee housing unit within SDD 22 shall submit a sworn affidavit on a form provided by the Town of Vail to the Community Development Department containing the following information: evidence establishing that the employee housing unit has been rented throughout the year by an employee, the rental rate, the employer, and evidence to demonstrate that at least one tenant who resides within the employee housing unit is a full - time employee in Eagle County. 7. All employee housing units within SDD 22 shall be eligible for exchange in accordance with the procedures outlined in Section 12 -13 -5, Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code. Ordinance No. 27, Series 2011 1/3/2012 Page 9 7 -2 -9 8. The provisions of these restrictions may be enforced by the Owner. The provisions of these restrictions may also be enforced by the Town of Vail in accordance with Chapter 12 -3, Administration and Enforcement, Vail Town Code. 9. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of both the Town of Vail and the Owner of the property. C. The architectural and landscape design guidelines shall be incorporated into the subdivision covenants before the final plat is recorded at the Eagle County Clerk and Recorder's Office. The Town Of Vail shall be party to these agreements. SECTION 6. AMENDMENTS Amendments to Special Development District No. 22 shall follow the procedures prescribed in Section 12- 9A -10, Amendment Procedures, Vail Town Code. SECTION 7. EXPIRATION The applicant must begin construction of the Special Development District within 3 years from the time of its final approval, and continue diligently toward completion of the project. If the applicant does not begin and diligently work toward the completion of the Special Development District or any stage of the Special Development District within the time limits imposed by the preceding subsection, the Town of Vail Planning and Environmental Commission shall review the Special Development District. They shall recommend to the Vail Town Council that either the approval of the Special Development District be extended, that the approval of the Special Development District be revoked, or that the Special Development District be amended. SECTION 8. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. SECTION 9. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. SECTION 10. The amendment of any provision of the Town Code as provided in this Ordinance No. 27, Series 2011 1/3/2012 Page 10 7 -2- 10 ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. SECTION 11. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 20 day of December, 2011, and a public hearing for second reading of this Ordinance set for the 3 rd day of January, 2012, at 6:00 P.M. in the Council Chambers of the Vail Municipal Building, Vail, Colorado. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk INTRODUCED, READ, ADOPTED AND ENACTED ON SECOND READING AND ORDERED PUBLISHED IN FULL this 3 rd day of January, 2012. Andrew P. Daly, Mayor ATTEST: Lorelei Donaldson, Town Clerk Ordinance No. 27, Series 2011 1/3/2012 Page 11 7 -2- 11