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
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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: " 'Sales@hummersofvail.com '" <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
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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
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+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
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Llmos
BUSES
TRANSPORTATION
CME
SHUTTLE
AUTHORIZED
VEHICLES
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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
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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
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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.
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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
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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.
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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.
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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.
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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
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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
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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
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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 .
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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
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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
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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.
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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]
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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
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Exhibit A
Conceptual Site Plan
See attached.
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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)
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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
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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
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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
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