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HomeMy WebLinkAbout2012-01-17 Agenda and Support Documentation Town Council Evening SessionVAIL TOWN COUNCIL EVENING SESSION AGENDA TOWN OF AQ9 VAIL TOWN COUNCIL CHAMBERS 75 S. Frontage Road W. Vail, CO 81657 6:00 P.M., JANUARY 17, 2012 NOTE 2. 3. 4 5. 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.) ITEM /TOPIC: Citizen Award to Mike Kloser, Emily Kloser and Jay Lucas (10 min.) PRESENTER(S): Chief Mark Miller ITEM /TOPIC: Consent Agenda: Approval of December 6 and December 20, meeting minutes (5 min.) ITEM /TOPIC: Town Manager Report: Implementatiion of paperless packets for Council and Public - Pam Brandmeyer (15 min.) PRESENTER(S): Stan Zemler ITEM /TOPIC: Ever Vail - The Community Development Department requests that the following Ever Vail applications be tabled to February 7, 2012. Major Subdivision A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 20111 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road rig ht-of-way/un platted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and 1/17/2012 setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011) A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West/Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011) A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10 -19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) (5 min.) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 7, 2012 public hearing. BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development 1/17/2012 Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 7, 2012 public hearing. 6. ITEM /TOPIC: Appointment of Newspaper of Record for 2012 (5 min.) PRESENTER(S): Lorelei /Pam ACTION REQUESTED OF COUNCIL: Appoint the Vail Daily as the newspaper of record for the Town of Vail for 2012. BACKGROUND: Each year the town has to appoint a newspaper of record for publishing of notices per state statute. The Vail Daily is currently the only daily newspaper that complies with state statute regulations. STAFF RECOMMENDATION: Appoint the Vail Daily as the town's newspaper of record for 2012. 7. ITEM /TOPIC: Resolution No. 6 Series of 2012, a resolution authorizing the signing of a Memorandum of Understanding to allow for the redevelopment of the municipal site, located at 75 South Frontage Road in Vail. (60 minutes) PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves Resolution No. 6 as read. 8. ITEM /TOPIC: Adjournment (7:55 p.m.) 1/17/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Citizen Participation 1/17/2012 TOWN OF ti POLL d� 0 l'A ZTT 75 South Frontage Road West Police Department Vail. Colorado 81657 970.479.2210 vailgov.com /police 970.479.2216 fax TAXI & LIMOUSINE REGULATIONS EFFECTIVE DATE: December 21, 2010, updated November 23, 2011 1- Taxis /limos may not pick up /drop off clients beyond Checkpoint Charlie prior to 5 pm unless clients are residing in hotels /condos in the Village core area. 2- Taxis /limos may not drive on Bridge Street to pick up or drop off passengers unless a special circumstance exists such as assisting an injured or handicapped passenger. Clients with large amounts of luggage or personal items do not comprise a special circumstance. 3- Taxis /limos may not stage at the intersection of Bridge Street and Gore Creek Drive but may pick up passengers who have called to arrange a pick up and are waiting at the intersection, limos must have a completed charter order. 4- Taxis may not stage in the Village core area prior to 10 pm. Limos are not authorized to stage in the Village core area. 5- After 10 pm, taxi companies may stage up to two taxis each in the loading zone on the south side of Gore Creek Drive between Checkpoint Charlie and the Squash Blossom. Taxis may not stage any closer to Bridge Street than this. Passengers will be able to hail taxis from the intersection of Bridge Street and Gore Creek Drive. 6- After 10 pm, each taxi company may stage one taxi in the loading zone north of Checkpoint Charlie on the south side of the International Bridge. These taxis can then move up to the loading zone indicated in #5 as space becomes available. 7- When citizens request police officers summon a taxi for them, officers /dispatchers will make an effort to equally distribute these requests among the taxi companies. 8- Taxis /limos are not authorized to enter the Lionshead Mall area, or the bus lane and delivery zone on East Lionshead Circle. Taxis /limos should use the shuttle area on the north side of East Lionshead Circle for pick -up and drop -off or the skier drop off area inside the Lionshead parking structure (Northwest corner). The mall area is a designated fire lane. 9- Taxis /limos must adhere to skier drop -off signage instructions. 10- Taxis may use the north designated lane (west end) at the Village Transportation Center to wait for passengers and must adhere to posted signs. This is a recognized taxicab stand. 11- Town of Vail vehicles will endeavor to park at the east end of the taxi lane. If you should have any questions regarding these regulations, please contact Vail Police the on- duty patrol supervisor at 479 -2201. Vail Police Department 75 So. Frontage Rd. W. Vail, Colorado 81657 970 - 479 -2200 Call # Last Name: i First Name: Address: City, State, Zip: s Driver's License: State: Date of Birth: 4 - d Race: Sex:' Height: Weight: Hair: Eyes: Vehicle License No.: . I State: MakeNear: , Date and Time of Violation: Location. Street and City: WARNING FOR: • Speeding; 4 -1; MPH in a MPH zone • Stop Sign Violation; 2 -2(A) ❑ Failed to Obey Yield Sign; 2 -2(13) Other: Statute /Description: ❑ EQUIPMENT REPAIR ORDER Defect: You are required to correct - IMMEDIATELY - the faulty or illegal equipment indicated. If equipment is not repaired, the vehicle will not be operated. Driver's Signature: _ Officer's Signature: THIS WARNING IS ISSUED TO YOU AS A COURTESY AND TO REMIND YOU TO DO YOUR PART IN PROMOTING SAFETY ON OUR HIGHWAYS AND- STREETS BY CLOSELY FOLLOWING OUR TRAFFIC LAWS. VAIL, COLORADO POLICE DI :4 J1 ; 4 1 J 1 :4 L , h i The Town of Vail Vision is to be the Premier Mountain Resort Community! The Mission of the Vail Police Department is to provide a sense of safety and security through high quality police service. Sales @Hummersofvail.com From: Sales @Hummersofvail.com Sent: Friday, December 02, 2011 1:24 PM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: RE: sorry forgot to attach the ticket Good morning. The printer says the cards should be ready by next week. Thank You again for your assistance in moving forward in these matters. I am still hoping for a direction to deal with the bridge st incident and the phone number signs. Thank You again for your attention to these matters. Sincerely Yours Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Wednesday, November 30, 2011 11:22 AM To: 'sales @hummersofvail.com' Subject: RE: sorry forgot to attach the ticket This happened in October.... Dwight Henninger Chief of Police Vail Police Department TOWN OF VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:12 PM To: Dwight Henninger Subject: sorry forgot to attach the ticket From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:08 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 Good morning. I am sorry but the print quality is still poor. Can you please forward the original document in word like last time. Thank You again Please also examine the enclosed warning ticket that I received from one of your officers When I was dropping off a wedding party (in the wedding gown) with her relative that was disabled With a handicapped card on her possession. I have read the new rules and they still state the exact same rules as before: "2 — Taxis /limos may not drive on Bridge Street to pick up or drop passengers unless a special Circumstance exists such as assisting an injured or handicapped passenger. Clients with large Amounts of luggage or personal items do not comprise a special circumstance." The client was very disturbed. Furthermore, even when the officer was able to confirm that The client was handicapped. He refused to leave, but insisted that he had to delay us and write A warning since he put his lights on. Please help. THIS CAN NOT HAPPEN AGAIN. CUSTOMER SERVICE!!!! Please help Thank You again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 29, 2011 3:50 PM To: 'sales @hummersofvai1.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 Your welcome, I think the cards should be the same as the signs draft you sent me with the phone numbers you listed. Dwight Henninger Chief of Police Vail Police Department K�. TOWN Of VAI L i 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenningera_vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 2011 12:17 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 I would like to have the phone number cards printed. Can you forward me an update to your research. Thank You again for your assistance and modifications to the above rules. Sincerely Yours Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 29, 2011 12:00 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 Sorry, try this one Dwight Henninger Chief of Police Vail Police Department KIN, TOWN Of VAIL/ 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 25, 2011 12:52 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 Sorry but the document is corrupt. Please resend ThankYou again From: Dwight Henninger [mailto:DHenninger @ vailgov.com] Sent: Wednesday, November 23, 20115:40 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 Jonathan Attached are the updated rules, the officers will be distributing them tonight. If you have question please email me or call me on Friday. Dwight Dwight Henninger Chief of Police Vail Police Department TOWN OF VAIC.%" 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger a)vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Wednesday, November 23, 2011 1:39 PM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: FW: 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) r. 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 [ mai Ito: DHenninger(bvailgov.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 TOWN OF VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenningerCo vailgov.com twitter. com /vailgov I From: Sales @Hummersofvail.com jmailto :sales @hummersofvail.coml 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 u m m e rsofV a i l 970-977-0028 VailLuxuryLimo 970- 401 -0825 ECOLimoOfVail 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 From: Dwight Henninger Lmailto:DHenninger @vailgov.coml Sent: Friday, November 04, 20112:26 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 K� - row,u 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 @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Friday, November 04, 20112:15 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.coml Sent: Friday, November 04, 2011 1:28 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 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 rowN OF va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(a)vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com1 Sent: Friday, November 04, 2011 12:32 PM To: Dwight Henninger Cc: sales @hummersofvail.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. Please let me know what your plans are by opening day Nov 18 2011. Thank You again for your assistance Jonathan L. Levine Dwight Dwight Henninger Chief of Police Vail Police Department ruwN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(a)vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Monday, June 06, 2011 1:51 PM To: Dwight Henninger Cc: 'Sales @Hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Thank You for getting back to me. I am not sure with that summary is either. Things have changed again as always. Summary of current situation which I also believe is very very similar to what we discussed. If you would like I can return to the town counsel and suggest this if it would help. As always we at HUmmersofvail, Inc. want to work with not against the Vail Police Department. During last weekend of season, black diamond made it very clear ( I have video) that if the police are busy they will do what ever they want! It was very very difficult not to do the same thing!! But we did resist. According to the Legal community, without signs the enforcement is very questionable. I WILL ASK THE OFFICERS TO DO A BETTER JOB OF ENFORCING THE REGULATIONS AT THE START OF THE SEASON, YOU CAN CALL US OR LET ME KNOW AT THE TIME WHEN THERE IS A PROBLEM STARTING UP. 2. As of the Ski Season closing, the two problem limo companies seemed to have disappeared as expected. a. MadMarx — think he is gone? — I know that the police are looking for the owner Mark? b. Black Diamond — lost his house to bank and his 3 vehicles have been parked in EagleVail since April 21s' SAME ANSWER AS NUMBER #1 3. Thank You for the STOP sign but it is not in the correct place — needs to be in the middle of the two lanes with a SHITE LINE on the ground to be legally enforceable and so the TAXIS (who ignore at this time) will yield. OUR TOWN STAFF FEEL THAT IT IS UNSAFE TO PUT A THIRD SIGN ON THE POLE IN THE MIDDLE AS IT MAY NOT BE STRONG ENOUGH TO HOLD IN A BIG WIND SITUATION. PLEASE LET ME KNOW IF THIS CONTINUES TO BE A PROBLEM WITH THE NEW SIGN AND I WILL CONTACT THE TAXI COMPANIES DIRECTLY. 4. Still no LIMO Waiting area sign at the far east end of the VTC. NOT SURE WHAT YOU ARE REQUESTING HERE? 5. Still no LIMO Arrow sign showing people that the LIMO waiting area is at the East End. THE SIGNS SHOULD BE UP BY FRIDAY, THE SIGN STAFF HAD SOMETHING LIKE 50 NEW SIGNS FOR THE NEW BUS ROUTES... 6. Still no sign with authorized company names and phone numbers as discussed at the meeting and in the Limo rules letter. THAT WAS UP TO THE LIMO COMPANIES TO ACCOMPLISH PAYING FOR A SIGN AND GIVING US THE PHONE NUMBERS AND COMPANY NAMES, THE TOWN WILL MAKE AND POST THE SIGN WHEN THE COMPANIES GIVE US THE INFORMATION, IF YOU NEED ME TO GET A COST ESTIMATE I WILL DO SO. I THOUGH THE LIMO COMPANIES AS A GROUP WERE NOT INTERESTED IN THIS OFFER. 7. At our meeting I talked about how Cmd Wrights directive helped all of us see things that we did not expect or anticipate. a. I believe we should allow a max of TWO TAXIS before Midnight and then allow max to fit in a single line b. I believe we should allow a max of TWO LIMOS before Midnight infront of the TAXIS where we waited before since the other areas are very busy during the regular hours and the old limo area is EMPTY! I CAN'T SUPPORT THIS RECOMMENDATION c. I believe after midnight the PEPIS Village area should become a LIMO ONLY AREA — no TAXIS — t prevent trolling! I DON'T THINK I CAN PREVENT THE TAXIS FROM THE AREA, THEY HAVE MORE RIGHT TO BE IN THAT AREA THEN THE LIMOS BY PUC STATUE AS I UNDERSTAND IT. d. I believe after 1:30am the PEPIS Village area should be more flexible (more then 5mins) with charter sheet for scheduled pickups to minimize conflict and constant trolling and also most important wasting the Vail Police's time to enforce. I HAVE NOT HEARD THAT THIS IS A PROBLEM, CAN YOU GIVE ME MORE DETAILS ON SPECIFIC ISSUES. JONATHAN SORRY THIS TOOK SO LONG TO FORMULATE A RESPONSE. PLEASE LET ME KNOW IF YOU HAVE ADDITIONAL QUESTIONS. SORRY I LOST THE DOCUMENT YOU GAVE ME AT OUR MEETING. IF YOU FIND IT PLEASE RESEND IT TO ME. DWIGHT From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Monday, June 06, 2011 1:38 PM To: 'sales @hummersofvail.com' Subject: Taxi & Limousine Regulations Jonathan I got your voice mail and I am sorry to not have gotten back to you sooner. I seem to have misplaced the document you gave me at the meeting, you're your recommendations, would you please resend it to me. Additionally, it would be helpful to me, if you identified the top priorities to rectify before July 4`" Thanks Dwight Dwight Henninger Chief of Police Vail Police Department 0 TOWN Of VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninaer(cDvailaov.com vailgov.com twitter.com /vailgov rimnrn 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 @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, July 05, 2011 12:53 PM To: Dwight Henninger Cc: 'Sales @Hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Thank You - If bill needs video please have him contact me. Thank You again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, July 05, 2011 12:40 PM To: 'sales @hummersofvail.com' Subject: RE: Taxi & Limousine Regulations I will follow up on these issues. Dwight Henninger Chief of Police Vail Police Department rowN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(ovailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, July 05, 2011 12:35 PM To: Dwight Henninger Cc: 'Sales @Hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Thank You Current Status: URGENT issue with ROBERT of BlackDiamond constantly breaking the VTC LIMO Rules — please see Bill Clausen. 1. James will contact other limo companies for interested parties. a. We will need a price for $ to collect asap for the sign please 2. 1 re- request to move the STOP SIGN to the middle island 3. 1 re- request to place a sign at top of VTC staircase for "LIMOS 4. 1 re- request to place a sign at the top of the VTC for "LIMOS - >" 5. 1 re- request allow the LIMOS to JOIN the TAXI line only during the HIGH VOLUME PERIODS: 3 -6PM and 11 -3AM Thank You again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Saturday, July 02, 20112:29 PM To: sales @hummersofvail.com Subject: Re: Taxi & Limousine Regulations Jonathan the limo drop off and pickup signs went of yesterday afternoon. We made a call to the owner of the taxi company and he agreed to make sure the taxis were stopping as they exit that north lane. Please let me know if they comply. Hope you have a safe weekend, lete know any further problems. I will be out there on Monday evening. Dwight Sent from my HTC on the Now Network from Sprint! - - - -- Reply message - - - -- From: "Sales@Hummersofvail.com" <sales @hummersofvail.com> Date: Thu, Jun 30, 2011 11:04 am Subject: Taxi & Limousine Regulations To: "Dwight Henninger" <DHenninger@vailgov.com> Cc: " &apos;Sales@hummersofvail.com &apos;" <sales @hummersofvail.com> Sorry, I also looked at the stop sign pole. It is the exact same as the other so I do not understand. Please personally follow -up on this item. I have emailed and called for over a month about this It will take less then 15 mins to install the STOP SIGN in the middle row. PLEASE, very very concerned about accident possibility over the next 5 days!! From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Wednesday, June 29, 20113:45 PM To: 'sales @hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Jonathan See my comments below (IN CAPITALS) on each of your items, I am sorry that I have been so busy and not able to respond to you as quickly as I would have liked to. Sales @Hummersofvail.com From: Sales @Hummersofvail.com Sent: Wednesday, July 13, 2011 4:44 PM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: RE: Taxi & Limousine Regulations Thank You for responding to my issue and concern for the safety of our passengers When loading at the Vail Transportation Center. I ask that you amend the current rules to allow passenger loading on Over -size vehicles in the current CME loading area for a max of 5 minutes Maybe calling it "CME and Oversize Vehicle Loading area" I would like to define the over -size vehicle as: 13 or more passengers with luggage capacity. This would exclude regular size Mercedes vans and ford /chevolet vans This would include custom party buses and over -size Mercedes Vans with 13 or more passenger capacity. Thank You again for your consideration in this matter. From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Wednesday, July 13, 2011 3:37 PM To: 'sales @hummersofvail.com' Cc: Samantha Graves; Steve Wright Subject: RE: Taxi & Limousine Regulations Jonathan: I got your voice mail from last night and I have never given you permission for your larger van's to park in the bus driveway even though you have asked in the past. I think it is pretty clear from the rules that have been distributed that you are allowed in the parking spaces and not the driveway. I wish you had just chosen to leave instead of challenging Sergeant Graves on this issue. You are the one that has asked for additional enforcement of the rules, that means the rules apply to you too. I can not agree with your recommendation to wait in the taxi lane, that is what started all of the current conflict and issues that you have asked me to resolve. As for signage; the signs in the east loading zone are up and have been since before the 4 th of July, they appear to be working. I met today with the sign crew and they will be working on producing and installing directional signs on the museum level for taxi's and limo's. We identified a location for the sign with limo companies names and phone numbers. That sign will cost $150 and we (the Town) will agree to update it once a year with new phone numbers or companies, if it is needed more frequently, then it will be your cost to do that. When you have collected the money for the sign and give me the names of the companies and phone numbers we will proceed ahead with producing and installing the sign. I would propose a drawing for the order of the company names on the sign. Let me know your thoughts. I have re -asked the Town's traffic engineer to reconsider the placement of the stop signs on the east end of the driveways. I will let you know what I hear. This is another reason not to park your large vans as they were last night. Dwight From: SalesC@Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, July 05, 2011 12:35 PM To: Dwight Henninger Cc: 'Sales @Hummersofvail.com' Subject: RE: Taxi & Limousine Regulations Thank You Current Status: URGENT issue with ROBERT of BlackDiamond constantly breaking the VTC LIMO Rules — please see Bill Clausen. 1. James will contact other limo companies for interested parties. a. We will need a price for $ to collect asap for the sign please 2. 1 re- request to move the STOP SIGN to the middle island 3. 1 re- request to place a sign at top of VTC staircase for "LIMOS --Y 4. 1 re- request to place a sign at the top of the VTC for "LIMOS - >" 5. 1 re- request allow the LIMOS to JOIN the TAXI line only during the HIGH VOLUME PERIODS: 3 -6PM and 11 -3AM Thank You again Dwight Henninger Chief of Police Vail Police Department row,u of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Friday, July 08, 2011 11:37 AM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: RE: Taxi & Limousine Regulations Good morning. Still waiting on price for the sign so can collect Thank You again Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, July 05, 2011 1:36 PM To: 'sales @hummersofvail.com' Subject: RE: Taxi & Limousine Regulations OOMOW • { �. ► , AL L t 1� Sales @HummersoNail.com From: Sales @Hummersofvail.com Sent: Wednesday, December 14, 2011 3:11 AM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: RE: status on limo and Taxi phone number signs I am sorry. It is not meant as a threat. My only course of action according to the Town Manager is the Town Counsil. I have worked with you for 8 months and we need changes like the van access to the VTC In order to minimize the issues. Please, think about this. Every issue I have brought to your attention is wasting your time and mine. I a asking for simple minor adjustments to make things work to minimize our wasted time. Please understand, you have backed me into a corner with no alternative. I do not want to go to the town counsil. How about a 30 day trial of 2mins at Pepi's , please! From: Dwight Henninger [ mailto :DHenninger(lvailciov.com] Sent: Tuesday, December 13, 20118:33 PM To: 'sales @hummersofvail.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 TOWN OF WAILS 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(a) hum mersofvail.com] Sent: Tuesday, December 13, 20114:30 PM To: Dwight Henninger Cc: sales hummersofvail.com 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 f mailto :DHenninger(a)vailgov.coml Sent: Tuesday, December 13, 20114:20 PM To: 'sales @hummersofvaii.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 K� r TOWN OF WAIL' 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger anvailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.coml Sent: Tuesday, December 13, 2011 1:50 PM To: Dwight Henninger Cc: sales(abhummersofvail.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 INVOICE TOW Town of Vail Accounts Receivable 75 S. Frontage Road Vail, CO 81657 (970) 479 -2342 TO: Hummers of Vail Attn: Jonathan Levine 2121 North Frontage Road #212 VAIL, CO 81657 INVOICE NO: 10034 DATE: 12/29/11 CUSTOMER NO: 3013/3024 TYPE: MS - Miscellaneous Accounts QUANTITY DESCRIPTION UNIT PRICE EXTENDED PRICE ----- - - - - -- ------------------- - - - - -- -------- - - - - -- --------- - - - - -- 1.00 Production of the Limo/ 150.00 150.00 Taxi phone number sign for Vail Transporation Center Note: 1.55 Interest charged if not paid in 30 days TOTAL DUE: $150.00 PLEASE DETACH AND SEND THIS COPY WITH REMITTANCE DATE: 12/29/11 DUE DATE: 1/30/12 CUSTOMER NO: 3013/3024 REMIT AND MAKE CHECK PAYABLE TO: Town of Vail Accounts Receivable 75 S. Frontage Road Vail CO 81657 NAME: Hummers of Vail TYPE: MS - Miscellaneous Accounts INVOICE NO: 10034 TERMS: NET 30 DAYS AMOUNT: $150.00 From: Sales@Hummersofvail.com Imailto :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 u m m e rsofVa i t 970 - 977 -0028 VailLuxuryLimo 970 - 401 -0825 ECOLimoOfVail 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 From: Dwight Henninger jmailto:DHenninger @vailgov.com1 Sent: Friday, November 04, 2011 2:26 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 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 rowN of va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(cD-vailgov.com 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.coml 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 VAIL 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(c)-vailgov.com vailgov.com twitter.com /vailgov 6-" Sales @Hummersofvail.com From: Sales @Hummersofvail.com Sent: Friday, December 02, 2011 1:24 PM To: 'Dwight Henninger' Cc: sales @hummersofvail.com Subject: RE: sorry forgot to attach the ticket Good morning. The printer says the cards should be ready by next week. Thank You again for your assistance in moving forward in these matters. I am still hoping for a direction to deal with the bridge st incident and the phone number signs. Thank You again for your attention to these matters. Sincerely Yours Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Wednesday, November 30, 2011 11:22 AM To: 'sales @hummersofvail.com' Subject: RE: sorry forgot to attach the ticket This happened in October.... Dwight Henninger Chief of Police Vail Police Department 0 TOWN OF flA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger @vailgov.com vailgov.com twitter. com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:12 PM To: Dwight Henninger Subject: sorry forgot to attach the ticket From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 20119:08 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 Good morning. I am sorry but the print quality is still poor. Can you please forward the original document in word like last time. Thank You again Please also examine the enclosed warning ticket that I received from one of your officers When I was dropping off a wedding party (in the wedding gown) with her relative that was disabled With a handicapped card on her possession. I have read the new rules and they still state the exact same rules as before: "2 — Taxis /limos may not drive on Bridge Street to pick up or drop passengers unless a special Circumstance exists such as assisting an injured or handicapped passenger. Clients with large Amounts of luggage or personal items do not comprise a special circumstance." The client was very disturbed. Furthermore, even when the officer was able to confirm that The client was handicapped. He refused to leave, but insisted that he had to delay us and write A warning since he put his lights on. Please help. THIS CAN NOT HAPPEN AGAIN. CUSTOMER SERVICE!!!! Please help Thank You again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 29, 20113:50 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 Your welcome, I think the cards should be the same as the signs draft you sent me with the phone numbers you listed. Dwight Henninger Chief of Police Vail Police Department 0 rowN of VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(a)-vailgov.com • vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Tuesday, November 29, 2011 12:17 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 I would like to have the phone number cards printed. Can you forward me an update to your research. Thank You again for your assistance and modifications to the above rules. Sincerely Yours Jonathan L. Levine From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Tuesday, November 29, 2011 12:00 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 Sorry, try this one Dwight Henninger Chief of Police Vail Police Department 0- rowN OF va 970.479.2218 direct 970.479.2210 main 970.479.2216 fax dhenninger(cDvailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [ mailto:sales @hummersofvail.com] Sent: Friday, November 25, 2011 12:52 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 Sorry but the document is corrupt. Please resend ThankYou again From: Dwight Henninger [mailto:DHenninger @vailgov.com] Sent: Wednesday, November 23, 20115:40 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 Jonathan Attached are the updated rules, the officers will be distributing them tonight. If you have question please email me or call me on Friday. Dwight 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(c)-vailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com [mailto:sales @hummersofvail.com] Sent: Wednesday, November 23, 2011 1:39 PM To: Dwight Henninger Cc: sales @hummersofvail.com Subject: FW: 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. 4 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 l 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 rowN of VA 970.479.2218 direct 970.479.2210 main 970.479.2216 fax d hen ninger cDvailgov.com vailgov.com twitter.com /vailgov From: Sales @Hummersofvail.com Imailto :sales @hummersofvail.com] Sent: Friday, November 04, 2011 12:32 PM To: Dwight Henninger Cc: sales @hummersofvail.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. Please let me know what your plans are by opening day Nov 18 2011. Thank You again for your assistance Jonathan L. Levine vailgov.com twitter.com /vailgov From: Sales@Hummersofvail.com [ mailto :salesC&hummersofvail.coml 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.coml Sent: Friday, November 04, 2011 1:28 PM To: 'sales @hummersofvail.com' TAXI AND LIMO NUMBERS ECOLiMOOFVAIL 970.331.3135 HIGH MOUNTAIN TAXI 970. 524.5555 HUMMERSOFVAIL 970. 977.0028 VANS TO VAIL VALLEY 970m401 mO825 TAXI AND LIMO NUMBERS ��___ I MAXI AND LIMO NUMBERS +4 FOUNTAIN (.IMOUSINE 970 - 470 - 5503 ECOLrMOFVarL 970 - 331- 3135 HFGH MOUNTAINTAxi 910 - 524 - 5555 HUMMERS OF VAA 9)Q - 977 - 0028 VANS ToVAIL VALLEY 9]Q - 4Q1 - 0825 TAxiANo LIMO NUMBERS HOTEL SHUTTLES & Llmos BUSES TRANSPORTATION CME SHUTTLE AUTHORIZED VEHICLES AUTHORIZED VEHICLES �'\ 4s -;��+ � . -: ,� { , _ _ � .. - - -- Verizon 3G 3:57 PM Directions esor# of Vail La TOW�� aver Dam � d Forest Rd 0 X2011 Google 1N HO& llclk a Vail em ail Ve I Map dad P2011 Googl VAIL TAXI www.blackdiamondscars.com/ Black Diamond provides Denver Airport . Transportation DIA : Denver Vail Airport Lima, Denver Vail Limousine Service, Denver Airport Car Service, Denver ... Place page)) 55 Willow Road Vail, Co 81657 Hours: Sun-Sat 7:00- 2:30am 4 Google reviews K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Citizen Award to Mike Kloser, Emily Kloser and Jay Lucas PRESENTER(S): Chief Mark Miller 1/17/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Consent Agenda: Approval of December 6 and December 20, meeting minutes ATTACHMENTS: December 6, 2011 minutes December 20, 2011 minutes 1/17/2012 Vail Town Council Meeting Minutes Tuesday, December 6, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Diana Meehan, a Rotary Club member, stated they wanted to have the support of Council to keep the Rotary Duck Races on Sunday. Mike Cacioppo asked Council if there was a tax abatement from the county in regard to the mil levy ordinance that will be addressed later in the evening. Halloran said the tax abatement was $42,000. Cacioppo was concerned the tax payers interests were not represented if the assessor has assessed their property incorrectly. The rest of the community has to pay for the errors made by the assessor. He asked that the second reading of the mil levy ordinance be placed on hold and have the town research this issue in further detail. Daly said this item will be discussed in further detail under item number seven of the evening agenda. John Cogswell, a resident and member of the Rotary Club, said there was discussion suggesting the Duck Races move to the Monday of Labor Day weekend instead of Sunday. He stated the annual Rubber Duck Race needs to be held on Sunday and not moved to Monday. Susan Pollack, a member of Rotary, also wants the support of Council to keep the Duck Races on Sunday. She said it's a big family race and it's important to leave it on Sunday for guests. Dan Telleen, a business owner and Rotary member, said the Duck Races have picked up a lot of momentum through the years and he is afraid the momentum would be lost if it was moved to Monday. He also encouraged the Council to support keeping the Duck Races on Sunday. Town Council December 6, 2011 meeting minutes 1/17/2012 Page 1 3 -I -I Bill Suarez, a Vail Chamber and Business Association (VCBA) member, said it seems rumors are circulating that the VCBA doesn't exist anymore. He said Rich Ten Braak is still the director. He said the VCBA is still in existence, still trying to get new members and they are a viable entity. As a VCBA member and Rotary member, he had several calls over the weekend from concerned merchants stating the Lionshead area merchants feel they are not well represented with special events. He reported the Vail Daily newspaper listed the Snow Daze event schedule and it didn't have any events going on in Lionshead. Rich Ten Braak, VCBA Director and Rotary Club member, said there was a motion at the Commission of Special Events (CSE) meeting to move the Duck Races to Monday and that no funding would be given if it did not move. He said Lionshead would love to have more special events in Lionshead. Daly said CSE funding allocations will be discussed under a separate item on the evening agenda. The second item on the agenda was the Consent Agenda; the approval of the November 1 and 15, 2011, Council meeting minutes. Foley asked to split the voting on the minutes as not all members were on the board at the time. Foley moved to approve the November 1 meeting minutes and the motion was seconded by Tjossem. A vote was taken and the motion passed, 5 -0 -2, with Kurz and Moffet abstaining as they weren't on the Council at the time. Foley made a motion to approve the November 15 meeting minutes and the motion was seconded by Donovan. A vote was taken and the motion passed, 7 -0. The third item on the agenda was the Town Manager Report. There was nothing to report under this item. The fourth item on the agenda was the appointment of the Election Commission from November 2011 to November 2013. Pam Brandmeyer stated the town charter requires the Council appoint two people to be on the town's election commission after each election for the next two years. Staff recommended the Council appoint Vi Brown and Summer Holm as the representatives for the Election Commission. Rogers made a motion to appoint Vi Brown and Summer Holm as the representatives for the town's election commission from November 2011 to November 2013, and the motion was seconded by Tjossem. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was the discussion and appointments to the various committees and task forces. Every two years Council members select or volunteer members, either from Council, staff or other town representatives, to represent the Town of Vail on several committees or task forces. The appointments run concurrent Town Council December 6, 2011 meeting minutes 1/17/2012 Page 2 3 -1 -2 with the election cycle which is every two years. The appointments for each committee or task force will be from November 2011 to November 2013. A discussion was held in which each member of Council stated which committee they would like to serve on as a representative for the town for the next two years. The appointments are as shown in the attached memorandum dated "updated December 7, 2011," from Brandmeyer. The sixth item on the agenda was the Commission on Special Events (CSE) funding allocations for special events in 2012. Jen Bruno, CSE Chair, reviewed the CSE's process with the Council and the suggested special event funding recommendations and allocations for 2012. She said the CSE has worked collaboratively throughout the past year with the Vail Local Marketing District Advisory Council (VLMDAC) to align their criteria and strategy for special event funding with the VLMD's marketing campaign and to insure a calendar of events that supports the " "Vail Brand." On November 2nd, the CSE reviewed the 37 responses they received from the request for proposals (RFP) which was sent out in August. The entire day was spent interviewing the event producers and listening to their presentations. Each CSE member used the criteria that had been jointly developed by the CSE and the VLMDAC to "grade" each event proposal. The final combined scores were used to rank the events that most successfully met the criteria. On November 16, the CSE met to determine the allocations that are being recommended to Council. Both the strategic memorandum and the proposed allocations were reviewed at the VLMDAC meeting on November 17th. The VLMDAC members expressed 100% support for both the strategic document and the allocations that were presented. Bruno stated they received $1.7 million in special event requests and they had $837,000 in the CSE budget. One of the main goals was to have events that brought in overnight guests to Vail and to reinvent existing events. The CSE was also interested in funding new events that would occur at pivotal timeframes throughout 2012. Bruno said there were two new iconic events: the Mojo Man Adventure Race which will be exciting and happens on Memorial Day weekend which is a pivotal time period. The CSE allocated $75,000 and the VLMDAC allocated $25,000 to this event. The other iconic event was the Teva Winter Games to be held in February. They hope this event builds and has the same effect as the Teva Summer Games does in June. She said without a larger budget, there were some special events that were cut. South of the Boarder Fiesta, held in June, showed on the rating grid used by the CSE that it did not receive high marks and did not live up to the Vail brand or standards. One of the solutions was to add $6,000 to the Saturday Family Afternoon Club. This event provides a great family atmosphere and the funding will add five additional days to the Town Council December 6, 2011 meeting minutes Page 3 1/17/2012 3 -I -3 event and help Lionshead merchants. The Barbeque Bonanza was also cut. The CSE didn't score this event very high. Vail's Carnivale was also cut as it didn't bring in additional people during President's Week. The Vail Antique Festival didn't apply for any funding. She said the CSE was continuing to fund successful events, i.e., Teva Mountain Games, Vail Farmers Market, Vail Snow Dazes and Spring Back to Vail were also funded but at reduced amounts. Gourmet on Gore as well as the Taste of Vail Lamb Cook -off, and the Kick It 3v3 were also funded. The largest summer occupancy rates occur during the Kick It 3v3 event. The CSE said the 4 th of July celebration needed more vitality and the CSE is sending out a Request for Proposal (RFP) for this event. The CSE stated there is nothing occurring after the parade and people leave town. There is a need to create additional events that keep people in town throughout the day and up through the fireworks display. They will be making a decision at the CSE's February meeting to fund an event group to help get sponsorships for this event, have a festival atmosphere and with additional events happening throughout the day. She discussed further events that were funded for 2012. Vail Restaurant Month could extend the fall season. The merchants noticed more people in town. The VLMDAC funding helps support the event in addition to funding from CSE. The Vail Soul Music Festival could be successful; however, there are concerns that the marketing of this event gets overlooked. The VLMDAC has offered to help market this event, add funding to the budget while controlling the marketing funding for this event. Bruno said this past year was exciting and collaborating with the VLMDAC was great. Collaborating with the Council is the next step and the CSE asked the Council for funding for the Gran Fondo cycling event. She said they would team up with the U.S. Pro Cycling challenge and produce this around the U.S. Pro Cycling event. This is a big bike event with an Italian festival which will create a full event atmosphere and will have a large group in town with up to 1,000 participants. This event has proven to be successful in other cities and countries. The event producers have requested $50.000. The CSE wants support from the Council and is currently looking for an additional $43,000 for this event which would occur in mid - August. Daly said their memorandum requested $35,000. Bruno said the funding from CSE was $14,500. Daly said the U.S. Pro Cycling may or may not be in Vail every time so how does that impact the Gran Fondo event. Bruno said the Gran Fondo will only be in Vail. Tjossem asked if this event will be in Lionshead and Vail Village. Sybill Navas, special event coordinator, said the actual ride is the Leadville Loop. The vendors would need to be somewhere besides Meadow Drive because the Farmers Market will held on Sunday, the weekend they are planning the race. The Health and Wellness Symposium was funded at $25,000 and the CSE thinks this will be a great investment and believes it could be successful. Town Council December 6, 2011 meeting minutes Page 4 1/17/2012 3 -1 -4 Daly said this is the most exciting CSE report he has been involved in. This is the type of cooperation that is necessary to make Vail successful and drive our economy. He stated he can't thank everyone enough for their collaborative, hard work on the CSE and VLMDAC. Rogers is going to sit as an ad hoc non - voting member of the CSE. She is impressed with their ability to work together and their ability to agree to disagree. Bruno stated the CSE is excited to have someone from Council attend the CSE meetings. Donovan asked when the 4 th of July RFP's are due. Navas said they have not been sent out yet as they are looking for Council feedback. They plan on sending out the RFP at the end of the week. Daly said it makes sense to keep people in town. Donovan asked about the country fair type atmosphere. Bruno said a family type affair is what they are aiming for the 4 th of July. They want an event producer with fresh ideas to keep people in town and keep them happy. The right producer will want to make it special. Tjossem said the event infrastructure in town with power sources and other challenges needs to be addressed. She wants event producers to give Council feedback on the challenges they have to produce events in town. She also wants a barbeque event the weekend prior to Father's Day so there is not a conflict on Meadow Drive. Foley thanked the CSE and VLMDAC for their collaboration. He said Vail Local Marketing District funding needs to go toward events. John Dawsey, Treasurer of VLMDAC, stated the VLMDAC is in support of the CSE direction and funding. They support the collaboration between the CSE and the VLMDAC to provide vibrant events. The VLMDAC is earmarking $100,000 for the U.S. Pro Cycling and $50,000 toward marketing these events. Mike Cacioppo said he is very impressed by the presentation made by Bruno. The idea of keeping people in Vail after the parade is a great idea. He suggested having a concert at the base of the mountain to keep people in town after 5 p.m. He suggested hiring America, the Nitty Gritty Dirt Band (the " "Dirt Band') or Bruce Springteen to play. He said some people may get a room for the night as it's a long day. Rich Ten Braak, representing the VCBA, said he knows how difficult it is to fund all events. He said the Lionshead merchants want more events and representation in their area. He said there is a shift from ambient events to get " "heads in beds" events. He suggested ambient events still need to be funded. When people come to town and there is something going on, that keeps people in town. If the town begins to just fund a particular event and not ambient events, we may lose folks just passing through. Bruno said the CSE does focus on bigger events. However, the Farmers Market is an ambient event and they also increased the Family Fun Club from six days to ten days in Lionshead. They have continued to fund the kayakers in early May to showcase the Whitewater Park. Also, the Iamb cook -off is an ambient event as well as Octoberfest family activities and music. The CSE is continuing to find a balance between ambient Town Council December 6, 2011 meeting minutes Page 5 1/17/2012 3 -I -5 and big events. The CSE always encourages and ask event producers to have more family activities. Tjossem said they need to address the Rubber Duck Race event. Bruno said the CSE put in a recommendation for the Duck Races to move to Monday over the Labor Day weekend. She said Highline Sports added a Monday element for the Gourmet on Gore event and it proved to be successful. The have recommended the Rubber Duck Races move to Monday as they will bring people in on Monday. Combined with the Gourmet on Gore brunch on Monday it will be busy. The CSE believes people will come to Vail on Monday. Bruno said there is a huge amount of congestion on Sunday with Gourmet on Gore, the Farmers Market and the Rubber Duck Races all happening around the same area. They want to make the quality of time better for everyone. Rotary doesn't request funding from the CSE. Moffet said the difference between events is that the Rotary Club raises money for the community. If they don't raise money, they don't have funding to do things for the community. They need to make their budget to help the community. Jim Lamont, representing the Vail Homeowners Association (VHA), said this is a teachable moment. The Council moves from good intentions to regulations in an attempt to regulate. He said after having watched this process over three years and has seen the frustrations, due to coordination and collaborations. He is impressed with the talent and passion of each group. They have created a platform in the community and it represents itself to the world various attributes. He appreciates the effort but believes more things for the family unit are needed. The CSE needs to have a column on the grid that tells the community what demographic it serves. Each event has its specialty and specialty audience. He said enough is enough; there are events stumbling over themselves. The mix and program of events needs to be considered. When any of the efforts are made, it needs to recognize the full audience of who is being served. Sybill Navas said the purpose of the next CSE meeting was to come to a compromise and agreement for the Labor Day events: the Rubber Duck Races, the Farmers Market and Gourmet on Gore. She stated these are recommendations, not a mandate. She wants everyone to understand that they need to come to a compromise. She said not every date the Rubber Duck Race has been held in the past was on Labor Day weekend. Daly asked that the Council be informed as to what the solution turned out to be. Moffet said he appreciates all the work the CSE has done. Daly said thanks to everyone for all their hard work. Foley made a motion to approve the 2012 funding allocations for special events as presented by the CSE, and the motion was seconded by Rogers. Further discussion ensued regarding funding for the Gran Fondo. Town Council December 6, 2011 meeting minutes 1/17/2012 Page 6 3 -1 -6 The motion was amended by Foley to add up to $35,000 allocated to the Gran Fondo event subject to approval by the Council in the first supplemental appropriation of the 2012 budget. The motion was seconded by Rogers. A vote was taken and the motion passed, 7 -0. The seventh item on the agenda was second reading of Ordinance No. 24, Series 2011, the Mil Levy Certification. Kathleen Halloran, Budget Manager, stated the Mil levy assessments must be certified to the County by December 15. This ordinance authorizes certification of the mil levy. Mire said there was a question that this was a tax and he said this was definitely not a tax. Cacioppo said he had spoken to the Avon Town attorney and Avon had done a "De- Brucing" ordinance many years ago. Mire said the Town of Vail " "De- Bruced" in the 1990's and pursuant to Colorado law this is not considered a tax. Rogers made a motion to approve Ordinance No. 24, Series of 2011, on second reading and the motion was seconded by Kurz. A vote was taken and the motion passed, 5 -2, Foley and Daly opposed. The eighth item on the agenda was first reading of Ordinance No. 26, Series 2011, and ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Health Insurance Fund and Conference Center Fund. Kathleen Halloran, Budget Manager, said staff has asked for an increase of $869,000 across all funds and adjusting revenue by $2.8 million. Daly had a question on the Lionshead Welcome Center overruns. Tom Kassmel, project engineer, said the Welcome Center is over budget. He said the majority of overruns are extensions due to many changes made to various parts of the project such as first floor changes, connections to the existing structure, snowmelt and water systems, fire sprinkler systems, etc. The total forecasted overrun cost is projected to be approximately $400,000. Staff has been in discussion with the general contractor, R.A. Nelson, and the contractor doesn't think the cost will be that high. A contingency was carried within the contract and there are inherent change orders costs. The items stated above were not included in the contingencies. Daly asked if the architect is also involved in the discussions. Kassmel stated they were involved in the discussions. Town Council December 6, 2011 meeting minutes 1/17/2012 Page 7 3 -I -7 Kurz made a motion to approve first reading of Ordinance No. 26, Series of 2011, and the motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The ninth item on the agenda was first reading of Ordinance No. 25, Series of 2011, an ordinance amending Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area (GRFA) when the basement level of a structure includes a garage or employee housing unit (EHU) in the Hillside Residential, Single - Family Residential, Two - Family Residential, Two - Family Primary /Secondary Residential, Residential Cluster, Low Density Multiple - Family, Medium Density Multiple - Family, High Density Multiple - Family, and Housing Districts, and setting forth details in regard thereto. Bill Gibson, Community Development Planner, stated on October 24, 2011, the PEC forwarded a recommendation of approval to the Council for amendments to the Vail Town Code to allow the basement, garage and EHU deductions from the GRFA calculations to be applied to the entirety of the lowest level of a residential structure. Currently, the GRFA basement deduction is only applied to those portions of the lowest level not otherwise deducted as a garage or EHU. The purpose of the proposed amendments is to create consistency and equity in the calculation of GRFA. Without these amendments, houses with garages or an EHU located on the basement level will continue to be allowed less floor area than houses with the same garage or EHU located on an upper level. The PEC recommends approval of Ordinance No. 25, on first reading. He said Moffet and Kurz were on Council in 2003 and GRFA was a discussion topic back then. He said currently, the GRFA basement doesn't count toward the limit if you can't see it above ground. He said this is a proportional topic, i.e., someone can have a garage, employee housing unit and other things that didn't apply toward GRFA. This created some inequities. If you move a garage or an EHU gets moved up into the house, this changes the GRFA. The code is not clear on this topic so PEC asked staff to amend the code for clarification purposes. Properties with the same lot size and area will have the same GRFA no matter what. The basement deduction applies to the lower level no matter whether it's about a garage or an EHU. He said Cartin was the only dissenting vote at PEC. Daly asked for examples. Gibson gave examples of two houses on the golf course. Tjossem asked why the staff is bringing this forward. Gibson said it was about equity and fairness, as an appeal came forward and brought this to light. Further discussion ensued about various types of scenarios and examples of how this ordinance would clear up GRFA in lower levels. Rogers made a motion to approve first reading of Ordinance No. 25, including the findings as stated, and the motion was seconded by Moffet. A motion was taken and the motion was passed unanimously, 6 -1 with Donovan opposed. Town Council December 6, 2011 meeting minutes Page 8 1/17/2012 3 -1 -8 The tenth item on the agenda was a request to continue all the Ever Vail applications, the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the December 20, 2011 public hearing. Donovan made a motion to continue the Ever Vail applications, the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011, to be continued to the December 20, 2011, public hearing and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. The eleventh on the agenda was adjournment. There being no further business, Tjossem made a motion to adjourn and the motion was seconded by Foley. A vote was taken and the motion passed unanimously, 7 -0. The meeting was adjourned at 8:30 p.m. Respectfully submitted, Andrew P. Daly, Mayor Attest: Lorelei Donaldson, Town Clerk Town Council December 6, 2011 meeting minutes 1/17/2012 Page 9 3 -1 -9 Vail Town Council Meeting Minutes Tuesday, December 20, 2011 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andrew P. Daly. Members present: Andrew P. Daly, Mayor Kerry Donovan Kevin Foley Ludwig Kurz Greg Moffet Margaret Rogers Susie Tjossem Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager The first item on the agenda was Citizen Participation. Dick Neal, a member of the Board of Directors for the Colorado Ski and Snowboard Museum, thanked the Council and staff for their support of the museum. He suggested they visit the new snowboard exhibit. Foley expressed the Council's condolences to the Fetterolf family for the loss of Robyn, one of Vail's police officers. The second item on the agenda was a discussion regarding Red Sandstone Elementary School (RSES) Update. Brian Nolan, representing the RE50J Eagle County School District Board, gave the Council and Vail residents an update. He said Sandra Smyser, Superintendent of the district is at another meeting this evening. Nolan is representing himself as a board member and he does not represent the whole board. He said they were not closing the Vail Ski and Snowboard Academy and the Red Canyon High School as they don't cost the district much money. He said RSES is at the top of a lot of people's minds. He said that the board was clearly told by the voters that there isn't a strong enough support for more funding for the school district. He said this is the most difficult board he has sat on. He said the public's call was for the board to pay more attention and they are doing that. He described some of the information still needed by the board to make informed decisions. The board's intent is to address this in January of 2012. He said the school district, over the past eight years, has made a commitment to support community schools. By having many small schools, there was a conscious decision Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 1 3 -2 -1 made to keep a school in each community. His opinion, as a board member, is that the thought of closing any schools in Eagle County is not where they are headed. Nolan said the next funding cuts to review will be staffing cuts throughout the school system. From cafeteria staff, transportation staff, teachers, etc., it will be across the whole school system, not just one school. Rogers thanked Nolan for coming to the Council meeting. Donovan asked if they had to make a decision by their February meeting. Nolan said that isn't necessarily so. He said the thought process is that they need to make decisions sooner than later. The school board meets twice a month. Nolan said the numbers from Phil D'Ofrio will come out right after the holidays. It's a matter of updating current numbers and finding out how much it would cost to move children around the county if they closed a school. They are inviting any ex- school board members to come and help brain storm. Tjossem asked about selling property. Nolan said they have a catalog of assets; however, this is probably the worst time to sell anything, but it's on the table. Tjossem said the referendum was voted down; but it wasn't because the citizens weren't supportive. It was voted down because of how the referendum was written and there wasn't a sunset clause. Moffet said in the past a similar referendum was voted down, and then it was brought back with detail and clarity and passed. Daly said the $5.5 million is a shortfall for 2012, but what is it in 2013 and 2014. Nolan said $5.5 million is steady throughout the five year forecast. He clarified $5.5 million was a shortfall each year for the next five years. He said if the school district can reduce their budget $5.5 million this year, they can reach that each year there after and have a balanced budget. Moffet said there are other ways to help with charter schools. Nolan said there are already two charter schools in the county. Jim Lamont, Vail Homeowners Association (VHA), said they should not compound the complexity with keeping the school open. He said the land was provided by the Town of Vail to build the school. If worse comes to worse, there needs to be a discussion between the Town of Vail and the school district about reversion of the facility and the land back to the town. This is a strategic land placement within town. He said a school is the heart and soul of a community. The town should explore other potentials if the worst comes to pass. Nolan said if the school district makes the decision to close RSES, there is no cost because it would revert back to the town. One of the reasons the school has a light on it is because the school district doesn't own the property. Daly said the Council is willing to work with the school district to help keep the school open. RSES is a critical part of the community and would keep the community viable. Nolan also said it's the Council and community's responsibility to get engaged. The school district needs to keep the Council and Vail community informed on what is happening at the school district. Tjossem said the superintendent came before Council two years ago and had given assurances that RSES would be kept open. Nolan said they should know Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 2 3 -2 -2 something in the next few meetings of the school district. Rogers said the Council is a group of seven people and he can call on any of the Council members to speak for the Council to help keep RSES open. The third item on the agenda was the Town Manager's Report. Mark Miller, Fire Chief, stated that West Vail Fire Station #3 was awarded a Station Style Award. An application was submitted to Fire Chief magazine for an award consideration. Vail received a silver award for the Career Category award. He said this is a big deal. There are 51,000 subscriptions to the magazine. The cost per square foot for construction of the West Vail Fire Station #3 was less than 75% of fire departments that had career or fulltime stations. He thanked the Council for their support. This has brought prestige to the town and the fire department. Daly said it was also a tribute to Miller and his team for monitoring this project. The fourth item on the agenda was the appointments to the Vail Local Marketing District Advisory Council (VLMDAC) and the Commission on Special Events (CSE). There were four vacancies on the VLMDAC and four vacancies on the CSE for two year terms. Kurz made a motion to appoint Dawsey, Hayda, Mullen and Gunion to the VLMDAC and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. Kurz made a motion to appoint Kerstiens, Bank, Bruno and Kundolf to the CSE, and the motion was seconded by Moffet. A vote was taken and the motion passed, 7 -0. The fifth item on the agenda was an update on the Timber Ridge Development. Stan Zemler stated on November 11, 2011, the pre - development agreement between the Town of Vail ("Town ") and Vail Timber Ridge LLC (VTR) expired. Council directed staff to continue discussions with the developer for up to 90 days to work out further conditions of approval. Zemler announced that both parties have failed to come to an agreement to move forward and said there has been a suspension of the process between TOV and Vail Timber Ridge LLC. The town will continue to operate the Timber Ridge project and keep it a viable entity in town. Daly said this has been a very long process and the objective of the Council was to redevelop the site and reduce the amount of debt. The whole scope of the project changed and there were many long discussions trying to make this project work. The Council still thinks this is a viable project and the town will move forward. Daly authorized Zemler to put out a press release regarding the status of this project. The sixth item on the agenda was an update on the Municipal Site Redevelopment project . Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 3 3 -2 -3 The municipal site project is a partnership between the Town of Vail (TOV), the Vail Valley Medical Center (VVMC), and the Steadman Clinic (SC) to redevelop the town office site with a new municipal building and a new medical office building. The presentation will include a summary of the proposed project, an update on the due diligence work currently underway, a preview of the schematic design and architecture, an overview of the financing options the Town Council may consider for the project, and a schedule of next steps to be taken. George Ruther, Community Development Director, stated there was a lot of information to go over with Council. He went through staff's power point presentation quickly to make room for questions after the presentation. He said staff and the consultants were now 45 days into a 90 day process for the scope of work. Michael O'Connor, representing Triumph Development, presented the design and predevelopment investigation points that would happen in the next 45 days. He said the scope of work includes due diligence to date, advance design that works on the site, the construction budget, legal work, recommendation of needs for all parties to work together and a progress report. He provided a quick overview of the site study, design constraints, utilities, geotech information, the Colorado Department of Transportation (CDOT) right -of -way information, overall parking demand (194 spaces), easements and helipad relocation that currently is located on CDOT and TOV property. He said the TOV program elements include relocation of temporary council chambers to Donovan Pavilion and relocation of other office spaces. He said a temporary helipad is possible at the east end of the Ford Park parking lot or the west end of the public works snow dump area. The preferred site is the east end of Ford Park. The helipad would displace two to three parking spaces. The helicopter pilot preferred the Ford Park site. The redevelopment design program would accommodate the needs of all parties, including the medical office building housing the Steadman Clinic, the Steadman Philippon Research Institute, Howard Head spaces and the TOV offices, plus the parking spaces for all entities involved. George Ruther stated the Community Development building would be totally demolished. The west side of the administration building would be destroyed. The Police Department section of the building would be left in tact . He said he had reviewed the design concepts and the building would be inviting and flexible, last much longer than the current building, would be sophisticated and sustainable, active and energetic, and in keeping with Vail's theme and brand. The proposal shows the new municipal building would be atop a parking level. The two to three story building would be approximately 18,000 square feet net usable space. They are looking at possibly adding an additional 5,000 square feet. All Community Development and Administration Services would be accommodated in the building. Accommodations Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 4 3 -2 -4 would include civic use of the structure. The current building is approximately 85% efficient and the new building would be 90% efficient. Jonathan Heroux, representing Piper Jaffray, discussed financing options for the town's portion of financing this project. He said traditionally, municipalities have four options: general obligation bonds (GO), sales tax revenue bonds (STR); certificates of participation (COP); or tax increment financing (TIF). He went through each issue type, describing the pros and cons, and what are viable options for this project. He stated there was a general market acceptance for all four types of financing options. Daly asked if TIF is an option. Heroux said not really, the town has done this type of financing in the past, so he added the option. He said the COP's are used for essential purposes, i.e., fire stations, police and administration buildings, and public safety buildings. Further discussion ensued regarding COP's versus other financing structures. Heroux stated given the time constraints, the COP's are the town's only option at this point in time because an election is not needed. He included rating reports for the TOV in his presentation. Ruther said there was a lot of information dispersed. He said staff had recommendations and time is of the essence. Based upon the proposed project schedule and due diligence work completed, staff recommended moving forward with next steps. Doris Kirschner, representing the VVMC, said three to four ago the VVMC was looking at relocating down valley but has chosen to stay in Vail. She said the hospital is excited to be working with all the parties in this project. There is tremendous value in making this project work and to move it forward. She said it will help the hospital regain 35,000 square feet once the Steadman group moves out to help maintain their goal of enhancing and maintaining patient support and safety. The additional parking will be appreciated as well. The economic impact to the community is large and they are tremendously excited about this project. Dr. Peter Millett, an orthopaedic surgeon with the Steadman Clinic and a board member of the Steadman Philippon Research Institute, thanked the town for considering this opportunity. He was a faculty member at Harvard about six years ago and was recruited to come to Vail. He said it's a world class center but they are lacking in space. He stated there is a need for additional space to become a world class facility. They need the opportunity to grow and have a greater economic impact to the town. He stated he has about 500 patients each year that come from out of town and around the world with their families. This has a significant impact to the community. The clinic also brings in other resources, one of which is medical education to physicians from around the world. This brings in hundreds of physicians and would be a significant, positive impact to the whole valley. Millett said this project could make the valley the " "Silicon Valley" of the medical community. They are crammed in their current facilities Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 5 3 -2 -5 and look forward to what can be achieved with this project. He wants the Council to look favorably upon this opportunity as they need a world class facility. Daly said the town is fortunate to have this high caliber of physicians in Vail. He stated Dr. Millett was recognized in U.S. News and World Reportas one of the top 1% of physicians in the U.S., as well as three other colleagues at the Steadman Clinic. Rogers said they have the highest regard for the caliber of orthopeadic surgeons in the country, if not the world. She said she had heard that replacements, hip, knee, shoulder, etc., can't be done in Vail. She asked why they can't do replacements if we are the silicon valley of orthopeadics. Millett said that is not a true statement. He said he does about 100 shoulder replacements a year. They are not as well known for doing replacements, but they do them. He said they want to recruit world class talent for replacements to expand their opportunities and services. Daly asked how many physicians are currently in the clinic and with the expansion, how many could they add. Millett said there are currently nine physicians and they could expand to 14 or 15 physicians. This would increase surgical volume and increase patients. He said when they vacate their space in the hospital, the hospital could expand their surgery space to handle more patients. Jim Lamont stated the issues he sees are there has been a tradition through redevelopment to make a conscious effort to prepare for the future but cure some of the original errors. He wants to see master planning done for the municipal site and to add the Evergreen Hotel site to the mix. All traffic and loading and delivery should be relocated to the Frontage Road and no longer use West Meadow Drive. This is an opportunity to bring the entire WMC campus up to contemporary standards. He said the reason the Evergreen Hotel site becomes important is over period of years, there have been a series of deed restrictions and covenants that restrict the hospital and medical center. The master plan can be expanded and Vail could become a more aggressive medical care center than we now realize. This is a rare opportunity to review and rethink larger parts of Vail. Kirschner said after the first of the year, a master facility planning process will begin. Ideally they will look at how they could take all ambulance traffic off West Meadow Drive and relocate the helipad. Daly said the Council would like to participate in that process. Kirschner said they would be invited. She said the helipad at Ford Park is a temporary site. Donovan stated at some point she wants a very good understanding of the pedestrian overpass and to broaden the scope of discussion. She wants to know how the whole project works together. Moffet said he agrees with Lamont and wants to see a master planning process on the WMC. He said he is frustrated the current plan for the municipal site doesn't have another level for employee housing or lease space. He isn't Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 6 3 -2 -6 convinced the town hall needs to be on this site. If the buildings are land locked, he would like to see a 50 -year solution with room to grow. Rogers said she is in favor of pursuing this project. Health and wellness is a key component to the year' round vitality of Vail. She is pleased with the progress made so far and is enthusiastic about the project. She doesn't see any issues that were brought up that would be insurmountable to getting this project done. Foley said he is concerned that employee housing hasn't been addressed and expects the town and other parties to keep to the same standards as we ask other developers. He is not in favor of COP's. He wants to have this go to a vote of the community for other financing options. Tjossem said the hospital and research institute haven't been appreciated or as well known locally as on the world wide stage. However, once the community understands what is happening at the institute and the services the medical center brings to Vail, the community will embrace it. Kurz said he is coming late to the discussions; however, both the redevelopment of the town functions and the hospital are pretty important to the community. It is vital that the hospital stays in the community. He asked how realistic the timing of the project is, if we have to go to the vote of the people to get this project done by the Championships of 2015. He wants to accommodate some of the points made regarding the master planning process. Daly said there is much work to be done. He asked staff to put aside adequate time in the next 30 days to help Council with a comprehensive work session to understand the space requirements, the business component, the timing as well as long term implications relative to the VVMC, such as the parking, helipad location,etc. He said to plan on bringing this topic back to work sessions on January 3 and January 17 and at the evening meeting on January 17 for public comment. He said there is a great deal of enthusiasm for the project and there need to be consistent world class standards that we hold ourselves to. Ruther thanked the Council and said everyone is looking forward to the challenge. A brief 2 minute break was taken. The seventh item on the agenda was second reading of Ordinance No. 26, Series 2011, an ordinance making adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Heavy Equipment Fund, Health Insurance Fund and Conference Center Fund. Kathleen Halloran, Budget Manager, said there weren't any changes to this original ordinance but is requesting adding both a revenue and expense line item for the Colorado Department of Transportation (CDOT) lease for overflow parking in the amount of $20,000. Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 7 3 -2 -7 Kurz made a motion to approve, as amended, second reading of Ordinance No. 26, Series 2011. The motion was seconded by Foley. A vote was taken and the motion passed, 7 -0. The eighth item on the agenda was first reading of Ordinance No. 27, Series of 2011, an ordinance repealing and re- establishing Special Development District (SDD) 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. Bill Gibson, Community Development Planner, said on December 12, 2011, the Planning and Environmental Commission (PEC) 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 SDD 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. This ordinance only makes a change to the SDD. This is a first step in the process for an EHU exchange program for the applicant, the Bailey's, who have one of the six EHY's in this SDD. This amendment would allow all six existing EHU's in the Grand Traverse SDD to participate in the EHU exchange program now and in the future. Gibson explained the EHU exchange program for the benefit of Councilman Moffet and the public. Foley asked if this SDD required the units be rented. Only the most recent two of the six are required to have occupancy. Further discussion ensued regarding EHU exchanges. Ruther said this does not obligate the owners in the SDD's to do an EHU exchange; it allows them to do so if they choose. Gibson said all homeowners in the SDD have discussed this at their homeowners association (HOA) meeting and no one had any objections to this change. Donovan asked since this is an SDD, the EHU's were part of the public benefit to get the development approved. She feels with these amendments they are not honoring the original intent of the SDD process. Gibson said this doesn't mean any units will be lost since they could be on other town property sites, not just on this property. He said Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 8 3 -2 -8 this is very similar to the Valley EHU exchange SDD in October that the Council approved. Tjossem said the exchange would be doubling the size of the EHU as they have to double the size of the units when they do an exchange. They don't necessarily need a garage. Daly said Donovan's point is that SDD's have specific tradeoffs made for the public benefit and are we losing the public benefit with this exchange. Donovan said that is part of it. She said the SDD is almost a contract between the town and the developer and changing it is possibly diminishing the public benefits in the SDD. Gibson said amendments are common in SDD's and the review criteria is the same. Daly asked to table this item to the January 3, 2012, work session discussion and have a discussion on EHU's. Then have the first reading of this item at the evening meeting on that day. Tjossem said we passed one exactly like this two meetings ago. She said it was an SDD and she doesn't know why we are back tracking. There has been a slue of these and this has been incredibly beneficial to the town. These units were not being occupied. Now we are seeing results. Rogers said she is not in favor of tabling this item. She has an issue as she doesn't see the difference for a SDD. She said this is true for properties that are not SDD's as well. The EHU was not being used or being occupied. This is a benefit to the town as the town gets another EHU bigger and better somewhere else in town. This isn't about SDD's. This allows employee housing available in the town and this process is working. She said being an SDD is irrelevant. Donovan said since this is a SDD, it is relevant to her. She feels the town isn't seeing a direct public town benefit. Foley said in a historical perspective, the reason for EHUs on site was so there were lights on in the neighborhood, have more vitality in the neighborhood. Dominic Mauriello, representing the Bailey's (the applicant), said their life circumstances have changed and they want to use their homes differently from 15 to 20 years ago. First the HOA approved the application being submitted and all folks in neighborhood are on board. This is a different SDD than a typical SDD, since this became a subdivision. It was the developer coming forward in the beginning. The policy decision to open this up six months ago was to invite people who have underperforming EHU's to change the space they want. The biggest benefit is the town is getting 2 to 1 or 3 to 1 square footage for the exchange spaces. The town is getting homes or condominiums that can accommodate families and in equal standing somewhere else. It's a primary unit and not a lock off. Mauriello has done three exchanges and has four more coming through the process. He agrees with Rogers that there is no difference on this SDD. He said the units moved to another area in town where there is bus Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 9 3 -2 -9 service and other amenities available to the employee is a plus. Even the town's own housing requirements don't require 100% employee housing to be on site. Rogers said she wants the Council to allow this ordinance to move forward to second reading. Rogers made a motion to approve first reading of Ordinance No. 27, Series of 2011 and the motion was seconded by Tjossem and Kurz. A vote was taken and the motion passed, 4 -3, Daly, Foley and Donovan against. The ninth item on the agenda was second reading of Ordinance No. 25, Series of 2011, an ordinance amending Chapter 12 -15, Gross Residential Floor Area, Vail Town Code, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, related to the calculation of gross residential floor area (GRFA) when the basement level of a structure includes a garage or employee housing unit (EHU) in the Hillside Residential, Single - Family Residential, Two - Family Residential, Two - Family Primary /Secondary Residential, Residential Cluster, Low Density Multiple - Family, Medium Density Multiple - Family, High Density Multiple- Family, and Housing Districts, and setting forth details in regard thereto. Bill Gibson, Community Development Planner, said the purpose of the proposed ordinance is to create consistency and equity in the calculation of GRFA. He stated there were no changes of the ordinance from first reading. Moffet made a motion to approve second reading of Ordinance No. 25, and the motion was seconded by Foley. A vote was taken and the motion passed, 6 -1 with Donovan against. The tenth item on the agenda was the Ever Vail applications. George Ruther, Community Development Director, stated staff requested the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the January 17 2012, public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the January 17, 2012, public hearing. The motion was seconded by Donovan. Ruther stated the request to continue this item was requested by the applicant, Vail Resorts, Inc. Alex Iskenderian will have a written response for the next meeting. A vote was taken and the motion passed, 7 -0. The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed 7 -0. The meeting was adjourned at 8:40 p.m. Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 10 3 -2- 10 Respectfully Submitted, Andrew P. Daly, Mayor Attest: Lorelei Donaldson, Town Clerk Vail Town Council Meeting Minutes of December 20, 2011 1/17/2012 Page 11 3 -2- 11 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Town Manager Report: Implementatiion of paperless packets for Council and Public - Pam Brandmeyer PRESENTER(S): Stan Zemler 1/17/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Ever Vail - The Community Development Department requests that the following Ever Vail applications be tabled to February 7, 2012. Major Subdivision A request for a review of a preliminary plan for a major subdivision, pursuant to Chapter 13 -3, Major Subdivision, Vail Town Code, to allow for the creation of two lots for the redevelopment of the properties known as Ever Vail (West Lionshead), located at 862, 923, 934, 953, 1000 and 1031 South Frontage Road West, and the South Frontage Road West right -of- way/unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080062) Rezoning (Ordinance No. 7, Series of 20111 A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to allow for a establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision located generally at 862, 923, 934, 953, 1000, and 1031 South Frontage Road, and the South Frontage Road right -of- way /unplatted (a complete legal description is available for inspection at the Town of Vail Community Development Department), and setting forth details in regard thereto. (PEC080061) Special Development District Amendment (Ordinance No. 8, Series of 2011) A request for a recommendation to the Vail Town Council for a major amendment to Special Development District No. 4, Cascade Village, pursuant to Section 12- 9A -10, Amendment Procedures, Vail Town Code, to allow for the removal of Development Area D (Glen Lyon Office Building) from Special Development District No. 4, Cascade Village, and for a zone district boundary amendment, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to include the subject property in the Lionshead Mixed Use 2 District, located at 1000 South Frontage Road West /Lot 54, Glen Lyon Subdivison, and setting forth details in regard thereto. (PEC090036) Title 12, Zoning Regulations, Vail Town Code, Amendment ( Ordinance No. 9, Series of 2011) A request for a final recommendation to the Vail Town Council for prescribed regulation amendments, pursuant to Section 12 -3 -7, Amendment, Vail Town Code, to amend Section 12- 10-19, Core Areas Identified, Vail Town Code, to amend the core area parking maps to include "Ever Vail" (West Lionshead) within the "Commercial Core" designation, and setting forth details in regard thereto. (PEC080065) PRESENTER(S): Warren Campbell ACTION REQUESTED OF COUNCIL: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 7, 2012 public hearing. 1/17/2012 BACKGROUND: Major Subdivision: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, on the preliminary plan for the major subdivision to establish Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Rezoning: On January 10, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a zone district boundary amendment to establish Lionshead Mixed Use 2 District zoning on Parcels 1 and 2 of the Ever Vail Subdivision, by a vote of 5 -0 -2 (Viele and Cartin recused). Special Development District Amendment: On January 24, 2011, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a major amendment to Special Development District (SDD) No. 4, Cascade Village, to remove the Glen Lyon Office Building from the SDD in order for it to be incorporated into the Ever Vail Subdivision, by a vote of 4 -0 -2 (Viele and Cartin recused). Title 12, Zoning Regulations, Vail Town Code, Amendment: On January 11, 2010, the Planning and Environmental Commission forwarded a recommendation of approval, with conditions, for a prescribed regulations amendment to Section 12- 10 -19, Core Areas Identified, Vail Town Code, by a vote of 4 -0 -2 (Viele and Cartin recused). STAFF RECOMMENDATION: The Community Development Department requests that the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 be continued to the February 7, 2012 public hearing. 1/17/2012 K � TOWN OF VAI!% VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Appointment of Newspaper of Record for 2012 PRESENTER(S): Lorelei /Pam ACTION REQUESTED OF COUNCIL: Appoint the Vail Daily as the newspaper of record for the Town of Vail for 2012. BACKGROUND: Each year the town has to appoint a newspaper of record for publishing of notices per state statute. The Vail Daily is currently the only daily newspaper that complies with state statute regulations. STAFF RECOMMENDATION: Appoint the Vail Daily as the town's newspaper of record for 2012. ATTACHMENTS: Vail Daily Newspaper of record email letter Vail Daily 2012 Bid 1/17/2012 January 3, 2012 Town of Vail Attention: Town Clerk Via email Hi Lorelei, Happy New Year! Thank you for allowing us to submit a rate program for 2012. We thoughtfully addressed the history of your advertising programs and are submitting a bid for both classified and display ads. We are proposing a fixed rate of $4.18 per column inch. This does include a rate increase that aligns your rates to 2007 rate levels. We recognize the need to provide a cost effective plan. Please review the attachments and let us know how to proceed. Thank you for your business and best to you in 2012. Sincere Regards, Cathy Ethington Cathy Ethington I Advertising Director Vail Daily Swift Communications IColorado Mountain News Media Direct: 970.748.2958 Fax: 970.949.7094 jEmail: cethinaton(availdaily.com www.vaildaily.com 1/17/2012 6 -1 -I 2012 Vail Daily TOV Bid Newspaper Classified Ads /Legal Publications Display Ads Vail Daily $4.18 per column inch $4.18 per column inch Sunday — Monday ( *6 2012 ( *5 column format) column format) 10% increase from 2011, aligning with 10% increase from 2011, aligning with 2007 2007 rates. rates. Vail Daily $3.80 per column inch $3.80 per column inch Sunday — Monday ( *6 2011 ( *5 column format) column format) 5% premium was removed from Fri /Sat papers. Rate Holding flat from 2010 was increased 8% from 2010 Mon - Thursday pricing and 3% for Fri /Sat. Vail Daily $3.80 per column inch $3.35 per column inch Sunday — Thursday ( *5 2010 ( *5 column format) column format) (SAME $3.52 per column inch PRICING AS APPROX. 21% SAVINGS (Friday- Saturday) ( *6 column format) 2005) Vail Daily $4.65 per column inch $4.08 Sun -Thurs 2009 5% increase from last year $4.33 Fri -Sat Included internet e- edition Included internet e- edition Vail Daily $4.43 per column inch $3.89 Sun -Thurs 2008 6% increase from last year $4.12 Fri -Sat Included internet e- edition Included internet e- edition $4.18 per column inch $3.67 Sunday- Thursday Vail Daily 5% increase from last year $3.89 Friday- Saturday 2007 Includes internet e- edition Includes internet e- edition Vail Daily $3.99 per column inch $3.50 Sun -Thurs 2006 ( *5 column format) $3.71 Fri — Sat. ( *6 column format) 5% increase from last year Vail Daily $3.80 per column inch $3.35 per column inch Sunday — Thursday ( *5 2005 ( *5 column format) column format) $3.52 per column inch (Friday- Saturday) ( *6 column format) Vail Daily $3.60 per column inch $3.20 per column inch 2004 (Legals are based on a 5- column format (Display advertising, column inch rate is based on a 6 which is 1.867" wide and 1" in depth) column format which is approx. 1.53" wide by 1" in depth) 1/17/2012 6 -2 -1 K � TOWN OF'VA10 VAIL TOWN COUNCIL AGENDA MEMO MEETING DATE: January 17, 2012 ITEM /TOPIC: Resolution No. 6 Series of 2012, a resolution authorizing the signing of a Memorandum of Understanding to allow for the redevelopment of the municipal site, located at 75 South Frontage Road in Vail. PRESENTER(S): George Ruther ACTION REQUESTED OF COUNCIL: Approve, approve with modifications or deny STAFF RECOMMENDATION: The Town staff recommends the Vail Town Council approves Resolution No. 6 as read. ATTACHMENTS: Town Council Memorandum Resolution No. 6, Series of 2012 Redline Memorandum of Understanding Draft Memorandum of Understanding Rondeau Letter to TC 011212 1/17/2012 TOWN OF VAIL � TO: Vail Town Council FROM: George Ruther, Director of Community Development DATE: January 17, 2012 SUBJECT: Municipal Site Redevelopment Project PURPOSE Memorandum The purpose of this meeting is to present information on the municipal site redevelopment project including: authorization to sign the memorandum of understanding, provide direction on financing strategy, and provide answers to questions from earlier meetings. 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). 1/17/2012 7 -1 -I III. 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 and +/- 21,500 gross 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 with minor interior remodeling and exterior alterations. IV. 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, an "mou" has been prepared and a copy of the "mou" has been attached for reference. The "mou" is a non - binding document as presented. 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 • Performance /Completion Bond • 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 The key elements of the memorandum of understanding are: • Land Value — ToV to receive $5,000,000 for value of the land. • Structure of Land Transaction — VVMC /SC to acquire fee title ownership of the land from ToV. Title to transfer to VVMC /SC at the time of building permit issuance (Apr. 2013). No reversion clause is provided. • Performance /Completion Bond —Triumph Development LLC, dba, Triumph Vail MOB, shall provide a completion bond for that portion of the project which they are contracted to construct. The ToV shall be a beneficiary of said bond. • Agreement to Subdivide — ToV to submit an application to subdivide the site during the course of the development review process. • Escrow of Funds — ToV will negotiate and agree to an amount of funds to be placed in escrow to cover the cost of construction of the ToV's portion of the parking facility, off - site improvements. • Contractor Selection — ToV shall have a decision - making role in the selection process of the contractor hired to build the parking facility, off -site improvements, etc. A binding agreement (the "definitive agreement ") will need to be executed by the parties in the future as the redevelopment project advances forward. 2 1/17/2012 7 -1 -2 The memorandum of understanding has been amended since the Town Council meeting on January 3, 2012. The Vail Valley Medical Center and the Steadman Clinic are prepared to execute the memorandum of understanding as presented. Is the Vail Town Council prepared to authorize the execution of the memorandum of understanding as presented (ie. approve Resolution No. 6, Series of 2012)? If not, what additional amendments are required in order for said authorization to be granted? V. FINANCING STRATEGY The sale of property to Vail Valley Medical Center /Steadman Clinic will generate $5 million, which can be used for construction of the municipal building and required municipal parking. The following examples show how an additional $10 million of project costs could be funded. Each option was developed based on using the equivalent of our current annual debt service payment of $2.3 million to fund the project. The first example assumes issuance of certificates of participation ( COP's) for the entire amount. The second example shows how cash from the town's General Fund balance could be used for the entire amount with replenishment over time. It should be noted the majority of the town's available cash is invested at 0.05% and the opportunity cost ($2,500 a year on $5 million) is not included in the analysis. An alternative source of cash financing not shown would be to use part of the Capital Projects Fund balance projected at $8.2 million by the end of 2012 and /or reallocate funds from other capital projects currently budgeted. The third example assumes COP's for half and cash for half. This option further assumes the town's cash is replenished over five years with the remainder of the $2.3 million allocated to repayment of COP's. Although the final decision on financing will be made later in the process, staff is asking for Council's agreement that cash and /or COP's are acceptable financing strategies to pursue to allow the project to go forward on the proposed schedule. Staff also requests direction on the preferred strategy for budgeting purposes. 3 1/17/2012 7 -1 -3 100% 100% 50% COP's /50 %Cash COP'S Cash COP'S Cash Total Project Funding $10,000,000 $10,000,000 $ 5,000,000 $5,000,000 $10,000,000 Total Par Amount 10,180,000 N/A 5,135,000 N/A 5,135,000 Average Annual Debt Service or Replenishment 2,005,154 2,300,000 1,006,674 1,293,326 2,300,000 Total Debt Service and Cash Replenishment 10,527,058 10,000,000 5,285,038 5,000,000 10,285,038 Interest Rate 1.7% N/A 2.0% N/A 1.0% Repayment Period 5 years 4.4 years 5 years 3.9 years 5 years General Fund Balance 12/31/2012 $20,717,328 $20,717,328 $20,717,328 Project Funded from Cash None (10,000,000) None (5,000,000) (5,000,000) General Fund Balance After Funding $20,717,328 $10,717,328 $15,717,328 % of Revenue (target 25 %) 71% 37% 54% Although the final decision on financing will be made later in the process, staff is asking for Council's agreement that cash and /or COP's are acceptable financing strategies to pursue to allow the project to go forward on the proposed schedule. Staff also requests direction on the preferred strategy for budgeting purposes. 3 1/17/2012 7 -1 -3 VI. SCHEDULE The development schedule milestones and durations are outlined below: • Execute the memorandum of understanding Jan. 17, 2012 • Issue ToV Design RFP Feb. 2012 • 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. ANSWERS TO QUESTIONS Over the course of the previous meetings a number of questions have been raised regarding various aspects of the redevelopment project. The purpose of this section of the memorandum is to provide a written respond to each of the questions. Can employee housing be added to the top floor of the new municipal building? If so, what is the estimated cost? Yes, employee housing could be added to the top floor of the new municipal building. As presently designed, approximately 3,000 — 3,500 sq. ft. of grfa could be placed atop the building. The estimated cost of doing so is approximately $490 -$510 per square foot. What assumptions have gone into the determination of office space needs and allocation within the new municipal building? The following assumptions have gone into the determination of office space needs: -All existing uses will be accommodated in the new building including the community development department. - Increased use of technology will reduce the need for storage space. - Hallways and public spaces will not be used to conduct daily business. -The FTE count of the organization will remain largely unchanged. -Town Council Chambers will be designed to accommodate 100 -135 persons. -A public hearing space will be provided to accommodate meetings for less than 20 persons. -A portion of the existing Police Department reception area could be remodeled to improve integration and operations. - Redundancies in operations will be reduced when practical (ie reception, cashier, etc.) What are the next steps in the master planning process for the Vail Valley Medical Center site? What are the components that will be addressed in the master plan? The Vail Valley Medical Center has issued a request for proposals for a facilities master plan. The RFP was sent out to a select number of qualified respondents. According to the RFP sent out by VVMC, responses are required by no later than January 23, 2012. Once a qualified firm is selected to assist in the preparation of a master plan, the firm will be asked to formulate a master plan which includes the following components: 0 1/17/2012 7 -1 -4 • Identification of existing space deficiencies and future needs • Develop a long range solution for the Emergency Department • Address the relocation of the main hospital entry (both pedestrian and vehicular) • Long range planning of mechanical and electrical facilities into a central plant • Develop a phased plan for reconstruction of the main campus identifying both costs and a timeline How will the new municipal building be integrated with the existing Police Department addition? What portion of the budget has been set aside for that purpose? The design guidelines of the Town of Vail require that the design of the new building and the existing Police Department addition be architecturally integrated. An architect for the project has not yet been selected. An architect will be selected through a Request for Proposals process. Exterior architectural integration, as well as interior integration, of the two structures will be a key deliverable of the design process. Though we are still in the earliest stages of the design process, approximately $500,000 - $750,000 total will need to be set aside in the project budget for this purpose. What are the options for relocating the existing community recycling facility? The existing community recycling facility located on the west side of the Community Development Department will need to be relocated. There is not space on the redevelopment site to put back the existing facility. With that acknowledgment in mind, a set of relocation criteria were established and an initial site selection process was pursued with the help of the Town of Vail Employee Environmental Focus Group (ie, the Green Team). In the end, after evaluating four potential sites, the Group recommends the Town further studies the feasibility of relocating the community recycling facility to the Charter Bus Lot at the east entrance to the Lionshead Parking Structure. Can an above -grade parking garage be added in the area between the two new buildings and what are the implications of doing so? Yes, an above -grade parking garage could be added in the area between the two new buildings. The negative implications of doing so, however, outweigh any potential positives gained. An above -grade parking garage negatively affects the following: • Visual separation of the town offices and the medical office building. • Minimal increase in parking spaces due to the need for vehicle circulation. • Limited amount of landscape area. • Low rate of return relative to the total cost of the construction. VIII. 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 Feb. 7, 2012 • Authorization to issue design RFP Feb. 7, 2012 • Negotiate the business deal Feb. 21, 2012 • Finalize ToV program design Mar. 20, 2012 • Determine ToV development approach Mar. 20, 2012 5 1/17/2012 7 -1 -5 VIII. ACTION REQUESTED The Town Council is being asked to make a decision on the execution of the memorandum of understanding. Town staff will return to the Town Council Meeting on February 7 th at which time the Town Council will be asked to take action on the following items: • Select a financing strategy • Instruct town staff to issue an RFP for design services R 1/17/2012 7 -1 -6 RESOLUTION NO. 6 Series of 2012 A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING REGARDING THE DEVELOPMENT OF MEDICAL OFFICE BUILDING AND MUNICIPAL CENTER BETWEEN THE TOWN OF VAIL, VAIL VALLEY MEDICAL CENTER, THE STEADMAN CLINIC PROFESSIONAL LLC AND TRIUMPH VAIL MOB LLC; 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, Vail Valley Medical Center ( "VVMC "), the Steadman Clinic Professional LLC ( "SC ") and Triumph Vail MOB LLC ( "Developer") wish to enter into a Memorandum of Understanding ( "MOU ") setting forth the basic terms of the agreements to be negotiated among and entered into between the parties in order to enable the redevelopment of the tract of land located at 75 S. Frontage Rd. in the Town of Vail ( "Property "); and WHEREAS, the Council's approval of Resolution No. 6, Series 2012, is required to enter into an MOU. 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 MOU with the VVMC, SC and Developer outlining the basic terms of the agreements to be negotiated among and entered into be the parties in order to enable the redevelopment of the tract of land located at 75 S. Frontage Rd. in the Town of Vail 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 17 day of January, 2012. Andrew Daly Town Mayor ATTEST: Lorelei Donaldson, Town Clerk Resolution No.6, Series 2012 1/17/2012 7 -2 -1 DRAFT 1/11/12 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 CLINIC, INC., d /b /a VAIL VALLEY MEDICAL CENTER ( "VVMC "); (iii) THE STEADMAN CLINIC, PROFESSIONAL LLC ( "SC "); and (iv) TRIUMPH VAIL MOB, 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 and owned by the TOV. The parties acknowledge that 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 for any reason or no reason 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 to the Vail Valley Medical Center, and with underground parking to be used in common with the "New Municipal Center Building" (defined below), 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 as determined by an independent third -party parking consultant and subject to the reasonable approval of VVMC, SC and the TOV. The allocation of the Parking Facilities between the MOB Parcel and the Municipal Center Parcel shall be completed as part of obtaining governmental approvals for the Project. Attached hereto as Exhibit A is a conceptual plan depicting the approximate footprints of the MOB and a new Municipal Center building currently contemplated for redevelopment by the TOV (the "New Municipal Center Building "), as well as the approximate location of the subdivision line that will divide the MOB Parcel from the Municipal Center Parcel. The portion of the project (the "Project ") that is the subject of this Memorandum includes the design, approval, development and construction of the parking facilities to be shared as stated above, comprising not less than two hundred (200) surface and underground parking spaces, or such greater number of parking spaces as may be required by zoning requirements (taking into account any variances that Developer obtains for 1/17/2012 7 -3 -1 the Project subject to VVMC's and SC's approval) (the "Parking Facilities ") and the "TOV Pad Site" (defined below). The parties intend that 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 and in accordance with plans and specifications approved by VVMC, SC and the TOV. With the exception of the Parking Facilities, the Project at this time expressly does not include the 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 that Developer, VVMC, and SC will cooperate as may reasonably be required with the TOV and any developer selected by the TOV (including Developer) if, as and when agreements are reached for construction of the New Municipal Center Building; provided further that all costs and expenses associated with the New Municipal Center Building or other improvements on the Municipal Center Parcel, other than the Parking Facilities, shall be at the sole cost and expense of the Developer or the TOV. 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 "), at the Developer's or the TOV's sole cost and expense. 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 to sell and convey the MOB Parcel to VVMC and SC or their affiliate (the "Land Purchaser ") in fee simple at the time of closing on a construction loan for the Project by Developer ( "Closing "). The TOV and the Land Purchaser will enter into a contract for the sale of the MOB Parcel by the TOV to the Land Purchaser simultaneously with Developer's entering into separate purchase and sale agreements with, respectively, VVMC and SC for their purchase from Developer of condominium units to be created as part of the development of the MOB Parcel. The purchase price for the MOB Parcel (the "MOB Parcel Purchase Price ") will be FIVE MILLION DOLLARS ($5,000,000.00), which will be payable in full in cash at Closing. At Closing, the TOV, the Developer, and the Developer's construction lender shall enter into an escrow agreement governing the deposit and disbursement of the proceeds from the sale of the MOB Parcel, which proceeds shall be disbursed for those Project costs for which the TOV shall be responsible (the "TOV Project Costs "), which are: (i) soft costs directly attributable to the TOV; 1p us (ii) the hard costs of developing and constructing the TOV Pad Site, including landscaping and all other associated site improvements; plus (iii) a portion of (A) predevelopment Project soft costs and (B) a portion of all hard and soft costs to be incurred in construction of required Frontage Road and other off -site improvements, which portion shall be 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 (iv) a portion of all hard and soft costs incurred in connection with the Parking Facilities, which portion shall be equal to a fraction, the numerator of which is the number of parking spaces allocated to the TOV, as determined under Section 1 1/17/2012 7 -3 -2 above, and the denominator of which is the aggregate number of parking spaces to be constructed by Developer as part of the Project; l�us (iv) a development fee payable to Developer equal to fee negotiated by VVMC and SC for the MOB and MOB Parcel. The TOV shall be permitted to participate in the bidding process for the construction of the Parking Facilities and the TOV Pad Site. The contract with the general contractor shall require a payment and performance bond. 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 and expenses 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 and the TOV will enter into a reciprocal easements and operating agreements with respect to the Parking Facilities, 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. The parties shall agree upon a term sheet outlining the materials terms of such easements and operating agreements prior to the Developer, VVMC and SC signing the purchase and sale agreements for the condominium units to be created as part of the development of the MOB Parcel, with the final forms of such documents to be agreed upon and executed prior to commencement of construction of the Project. 4. General Provisions 4.1 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. 4.2 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. 4.3 Following the execution of this Memorandum, the parties shall negotiate concerning the terms of the Definitive Agreements. The parties acknowledge that if 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. 4.4 This Memorandum may be executed in one or more counterparts. 4.5 This Memorandum may not be amended or modified except in writing signed by the parties hereto. 4.6 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. 4.7 Neither this Memorandum, nor any of the rights or obligations of the parties 1/17/2012 7 -3 -3 hereto, shall be assigned by any party without the written consent of the others 4.8 The TOV, 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, et seq., as amended, or otherwise available to the TOV and its officers or employees. 4.9 Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the TOV not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the TOV hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 4.10 Land Use Applications. All parties to this Memorandum understand and acknowledge that, when reviewing land use applications, the TOV acts in a quasi-judicial capacity. Notwithstanding any other provision of this Memorandum, nothing in this Memorandum shall constitute an obligation by the TOV to make any particular decision on any land use application that may come before the TOV relating to the Project, and nothing in this Memorandum shall imply that the TOV has pre judged any such application. The TOV will review all land use applications relating to the Project in compliance with the Vail Town Code and other applicable law. [SIGNATURE PAGE FOLLOWS] 1/17/2012 7 -3 -4 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first written above. VAIL CLINIC, INC., d /b /a VAIL VALLEY MEDICAL CENTER By: Doris Kirchner, President & CEO THE STEADMAN CLINIC, PROFESSIONAL LLC By: Lyon Steadman, CEO THE TOWN OF VAIL By: Stan Zemler, Town Manager TRIUMPH VAIL MOB, LLC By: Steve Virostek, Member 1/17/2012 7 -3 -5 Exhibit A Conceptual Site Plan See attached. 1/17/2012 7 -3 -6 Exhibit B Development Schedule — Deal MOU Negotiation — Design Development — Final Legal Doc Prep — Town of Vail Entitlement — Construction Documents — Formal CDOT Approval 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) — Construction Start May -2013 to Jan-2015 (21 months) 1/17/2012 7 -3 -7 DRAFT 1/12/12 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 CLINIC, INC., d /b /a VAIL VALLEY MEDICAL CENTER ( "VVMC "); (iii) THE STEADMAN CLINIC, PROFESSIONAL LLC ( "SC "); and (iv) TRIUMPH VAIL MOB, 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 and owned by the TOV. The parties acknowledge that 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 for any reason or no reason 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 to the Vail Valley Medical Center, and with underground parking to be used in common with the "New Municipal Center Building" (defined below), 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 as determined by an independent third -party parking consultant and subject to the reasonable approval of VVMC, SC and the TOV. The allocation of the Parking Facilities between the MOB Parcel and the Municipal Center Parcel shall be completed as part of obtaining governmental approvals for the Project. Attached hereto as Exhibit A is a conceptual plan depicting the approximate footprints of the MOB and a new Municipal Center building currently contemplated for redevelopment by the TOV (the "New Municipal Center Building "), as well as the approximate location of the subdivision line that will divide the MOB Parcel from the Municipal Center Parcel. The portion of the project (the "Project ") that is the subject of this Memorandum includes the design, approval, development and construction of the parking facilities to be shared as stated above, comprising not less than two hundred (200) surface and underground parking spaces, or such greater number of parking spaces as may be required by zoning requirements (taking into account any variances that Developer obtains for 1/17/2012 7 -4 -1 the Project subject to VVMC's and SC's approval) (the "Parking Facilities ") and the "TOV Pad Site" (defined below). The parties intend that 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 and in accordance with plans and specifications approved by VVMC, SC and the TOV. With the exception of the Parking Facilities, the Project at this time expressly does not include the 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 that Developer, VVMC, and SC will cooperate as may reasonably be required with the TOV and any developer selected by the TOV (including Developer) if, as and when agreements are reached for construction of the New Municipal Center Building; provided further that all costs and expenses associated with the New Municipal Center Building or other improvements on the Municipal Center Parcel, other than the Parking Facilities, shall be at the sole cost and expense of the Developer or the TOV. 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 "), at the Developer's or the TOV's sole cost and expense. 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 to sell and convey the MOB Parcel to VVMC and SC or their wholly -owned affiliate (the "Land Purchaser ") in fee simple at the time of closing on a construction loan for the Project by Developer ( "Closing "). The TOV and the Land Purchaser will enter into a contract for the sale of the MOB Parcel by the TOV to the Land Purchaser simultaneously with Developer's entering into separate purchase and sale agreements with, respectively, VVMC and SC for their purchase from Developer of condominium units to be created as part of the development of the MOB Parcel. The purchase price for the MOB Parcel (the "MOB Parcel Purchase Price ") will be FIVE MILLION DOLLARS ($5,000,000.00), which will be payable in full in cash at Closing. At Closing, the TOV, the Developer, and the Developer's construction lender shall enter into an escrow agreement governing the deposit for the TOV Project Costs (defined below), which proceeds shall be disbursed for those Project costs for which the TOV shall be responsible (the "TOV Project Costs "), which are: (i) soft costs directly attributable to the TOV; plus (ii) the hard costs of developing and constructing the TOV Pad Site, including landscaping and all other associated site improvements; plus (iii) a portion of (A) predevelopment Project soft costs and (B) a portion of all hard and soft costs to be incurred in construction of required Frontage Road and other off -site improvements, which portion shall be 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 (iv) a portion of all hard and soft costs incurred in connection with the Parking Facilities, which portion shall be equal to a fraction, the numerator of which is the number of parking spaces allocated to the TOV, as determined under Section 1 1/17/2012 7 -4 -2 above, and the denominator of which is the aggregate number of parking spaces to be constructed by Developer as part of the Project; l�us (v) a development fee to be negotiated between the TOV and the Developer. The TOV shall be permitted to participate in the bidding process for the construction of the Parking Facilities and the TOV Pad Site. The contract with the general contractor shall require a payment and performance bond. 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 and expenses 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 and the TOV will enter into a reciprocal easements and operating agreements with respect to the Parking Facilities, 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. The parties shall agree upon a term sheet outlining the materials terms of such easements and operating agreements prior to the Developer, VVMC and SC signing the purchase and sale agreements for the condominium units to be created as part of the development of the MOB Parcel, with the final forms of such documents to be agreed upon and executed prior to commencement of construction of the Project. 4. General Provisions 4.1 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. 4.2 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. 4.3 Following the execution of this Memorandum, the parties shall negotiate concerning the terms of the Definitive Agreements. The parties acknowledge that if 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. 4.4 This Memorandum may be executed in one or more counterparts. 4.5 This Memorandum may not be amended or modified except in writing signed by the parties hereto. 4.6 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. 4.7 Neither this Memorandum, nor any of the rights or obligations of the parties hereto, shall be assigned by any party without the written consent of the others. 1/17/2012 7 -4 -3 4.8 The TOV, 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, et seq., as amended, or otherwise available to the TOV and its officers or employees. 4.9 Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the TOV not performed during the current fiscal year are subject to annual appropriation, and thus any obligations of the TOV hereunder shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 4.10 Land Use Applications. All parties to this Memorandum understand and acknowledge that, when reviewing land use applications, the TOV acts in a quasi-judicial capacity. Notwithstanding any other provision of this Memorandum, nothing in this Memorandum shall constitute an obligation by the TOV to make any particular decision on any land use application that may come before the TOV relating to the Project, and nothing in this Memorandum shall imply that the TOV has pre judged any such application. The TOV will review all land use applications relating to the Project in compliance with the Vail Town Code and other applicable law. [SIGNATURE PAGE FOLL0WS] 1/17/2012 7 -4 -4 IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first written above. VAIL CLINIC, INC., d /b /a VAIL VALLEY MEDICAL CENTER By: Doris Kirchner, President & CEO THE STEADMAN CLINIC, PROFESSIONAL LLC By: Lyon Steadman, CEO THE TOWN OF VAIL By: Stan Zemler, Town Manager TRIUMPH VAIL MOB, LLC By: Steve Virostek, Member 1/17/2012 7 -4 -5 Exhibit A Conceptual Site Plan See attached. 1/17/2012 7 -4 -6 Exhibit B Development Schedule — Deal MOU Negotiation — Design Development — Final Legal Doc Prep — Town of Vail Entitlement — Construction Documents — Formal CDOT Approval 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) — Construction Start May -2013 to Jan-2015 (21 months) 1/17/2012 7 -4 -7 January 12, 2012 To: Vail Town Council Members cc: Town Manager Subject: VVMC- Steadman and TOV Partnering Project Attached is the text of my letter published in the January 11, 2012 Vail Daily. Per my letter, I have two concerns: o SELLING OUR LAND: I thought we've been through this before with the first Timber Ridge proposal? My real question ...... is this project just a "one- off ", do we have a bigger picture in mind to add more buildings in the future for a compound of health & wellness facilities? If the notion of selling our land for economic development is on the table, probably we should consider acquiring land adjacent to the hospital via eminent domain for future projects- -which has precedent in a Connecticut redevelopment. o TEAR DOWN- REBUILD: Ironically, the notion of reconstructing the town administration buildings is just as much of a requirement force -fit as the "silly" projects referenced in my letter. This project has not been on the radar screen as far as I know and raiding the capital reserve fund might leave it empty for a future critical needs. It is further ironical that we seem to be talking about $20 million - -if this is right - -as a tear down & rebuild cost somewhat cavalier, while we spent years dealing with the $9.4 million conference center funds. The notion of expanding the VVMC- Steadman operation is exciting. But, please don't ignore our principles - - written or implied - -in the heat of the moment. Finally, if my facts are wrong, my apologies as I only know what 1 read in the paper. Again, its all about process. Regards, Paul Rondeau Attachment: At Last, A Sensible Project 1/17/2012 7 -5 -1 At Last A Sensible Project The current proposal for a joint project between the hospital /Steadman operation and the Town of Vail is a winner. This would involve taking over the land the TOV administration now occupies- -then adding a new health- related building and a rebuilt town administration facility. The purpose actually maps back to a known requirement or town strategy - -in this case to establish Vail as an international Health and Wellness center. For perspective, a little history will show projects where it was a force -fit to map them back to a known requirement, strategy or adhere to town principles: o Four proposals to build a conference center, going back to the mid- 1980's. o Aquatic center to be built in the Ford park area around 1988. o "Hub" multi -story, multi - function building on the bus /RV parking area, with the signature space devoted to making Vail an international learning center. o Complete redevelopment of the Lions Head parking structure to accommodate two hotels, of course a conference center, retail space, etc. o Whole new development on the south side of the Village parking structure to accommodate retail and upscale deed - restricted housing (L$800k). o Redevelopment of Timber Ridge- -with Vail selling the land to "make the numbers work ", but with ironclad assurances about how tenants would be treated. A more recent proposal did not have selling the land feature, but unfortunately has been terminated due to problems of funding. In retrospect, they might all seem silly, but not so at the time - -with passionate arguments for their time -is -of -the- essence adoption. Clearly three factors have made them silly: (a) economics have turned against them, (b) technology has overtaken them - -e.g. the Internet has taken over many learning programs and (c) trends have changed - -e.g. leisure, business expenditures. As is the case for any complex project, the "devil is in the details." There are two areas of concern for the current project being considered: o Selling Vail land to make the numbers work is not a good idea. It might seem so at the moment -- especially with an established deadline to meet, It would be a precedent for future project proponents to demand the same exception - -in spite of iron clad legal assurances. o Perhaps a nit, but taking funds out of the capital reserve to rebuild the 1/17/2012 O .�* 7 -5 -2 admin buildings doesn't make any sense. We have a perfectly good set of town admin buildings. The project's objective is to facilitate economic development -hence the funding really should come out of that sort of category. The Vail council should be congratulated for taking on a bold move, but should be cautioned about some features that might not look so good in time future_ Raul Rondeau, Vail Resident 1/17/2012 7 -5 -3