HomeMy WebLinkAbout2018-05-15 Agenda and Supporting Documentation Town Council Evening AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, May 15, 2018
TOWN Of 4IAJt
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Scholarship Award Presentation
2.1. Recognize Colorado Grand Event and Colorado Grand Scholarship Award 10 min.
Presentation
Presenter(s): Jenn Bruno, Mayor Pro Tem
The Colorado Grand has offered an annual scholarship program to students
attending local schools in Eagle County. The 2018 award will be given to a
senior student, Juan Macias, who attends Battle Mountain High School. Ed
O'Brien, representing Colorado Grand, will recognize the student and
highlight the upcoming summer Colorado Grand program, an event that is in
their 30th year.
2.2. Town of Vail Youth Recognition Awards
Presenter(s): Scott, O'Connell, Jenn Bruno, Mayor Pro Tem
The Town of Vail will recognize two local Vail students (and residents),
Jason Macaluso, Battle Mountain High School, and Sarah Evans, Vail
Mountain School, who will be recognized for their
academic accomplishments, extracurricular activities (athletic, civic,
performing arts) and leadership at their respective high schools. The Town
has been a supporter of this program formerly administered and funded by
the Vail Valley Exchange (no longer an active organization). The two
schools submit the nominations for consideration by the selection committee
(Mayor Pro Tem and Mr. O'Connell).
3. DRB / PEC UPDATE
5 min.
3.1. DRB / PEC Update 5 min.
Presenter(s): Chris Neubecker, Planning Manager
4. Consent Agenda
May 15, 2018 - Page 1 of 131
4.1. Resolution No. 15, Series of 2018, A Resolution Approving a Lease
Agreement Between the Town of Vail and La Bottega Inc., and Setting
Forth Details in Regard Thereto.
4.2. Resolution No. 16, Series of 2018, A Resolution Approving a Lease
Agreement Between the Town of Vail and Mountain Grocery LLC; and
Setting Forth Details in Regard Thereto
4.3. Resolution No. 19, Series of 2018, A Resolution Appointing the Pete
Seibert Monument Fund Raising Committee; and Setting Forth Details in
Regard Thereto
4.4. Street Names Signs Replacement Project Contract Award
4.5. Minutes from April 17, 2018 meeting
5. Town Manager Report
6. Public Hearings
6.1. Pepi's Restaurant / Gasthof Gramshammer Appeal
Presenter(s): Chris Neubecker, Community Development Director
Action Requested of Council: The Town Council is asked to hold a public
hearing on the appeal. The Vail Town Council shall uphold, uphold with
modifications, or overturn the Design Review Board's decision of April 18,
2018.
Background: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town
Code, of the final decision of the Town of Vail Design Review Board on
April 18, 2018 approving a request for replacement of the patio tent at
Pepi's Restaurant upon the condition that the Applicant also replaces the
existing awnings on the south porch in a matching design or color, located
at 231 Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting
forth details in regards thereto. (TC18-0001) An appeal, pursuant to
Section 12-3-3, Appeals, Vail Town Code, of the final decision of the Town
of Vail Design Review Board on April 18, 2018 approving a request for
replacement of the patio tent at Pepi's Restaurant upon the condition that
the Applicant also replaces the existing awnings on the south porch in a
matching design or color, located at 231 Gore Creek Drive / Lot A, Block
5B, Vail Village Filing 1, and setting forth details in regards thereto. (TC18-
0001). The applicant has requested a Design Review Board permit for
replacement of the yellow and white striped tent at Pepi's Restaurant. On
April 18, 2018 the Design Review Board approved the request upon the
condition that the Applicant also replace the awnings on the patio with the
same design and color.
Staff Recommendation: The Community Development Department
recommends that the Town Council uphold the decision of the Vail Design
Review Board.
6.2. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance
Amending Title 12 of the Vail Town Code by the Addition of a New Chapter
27 of Title 12, Concerning Wireless Service Facilities.
Presenter(s): Justin Lightfield, Planner
Action Requested of Council: Approve, approve with amendments or deny
5 min.
45 min.
5 min.
May 15, 2018 - Page 2 of 131
Ordinance No. 8, Series of 2018 upon second reading.
Background: The purpose of the Wireless Service Facilities Ordinance is
to align the Vail Town Code with state and federal requirements. These
regulations will continue to allow the location of wireless service facilities in
the Town while protecting the public health, safety, and general welfare of
the community. These regulations will also require the Town to continue to
act on applications for the location of wireless service facilities within a
reasonable time, will continue to encourage co -location of wireless service
facilities, and will continue to prevent unreasonable discrimination among
providers of functionally equivalent services. The Town of Vail Community
Development Department worked with Town Attorney to develop a
comprehensive ordinance in conjunction with the most recent state and
federal regulations.
Staff Recommendation: Staff recommends tabling this item to the June 19,
2018 Town Council meeting.
7. Action Items
7.1. Exploratory Discussion for Survey Concerning Natural Area Preservation 30 min.
Rezoning (Middle Creek Subdivision)
Presenter(s): George Ruther, Housing Director
Action Requested of Council:
Does the Vail Town Council authorize the expenditure of up to $7,500
to complete a more indepth analysis of the Tract A, Middle Creek
Subdivision property to obtain additional objective information and
data?
Background: On April 17, 2018, the Vail Town Council instructed staff to
return to a future Town Council meeting with an estimated cost to obtain
more in depth objective information on the property. Based upon initial
probable cost estimates, up to $7,500 will be required to obtain the next level
of information.
Staff Recommendation: If the Vail Town Council wishes to better understand
the feasibility of residential development on the property in question, the
town staff recommends the Town Council authorizes the expenditure as
requested to obtain additional objective information and data.
7.2. Town of Vail Annual Resale Lottery Criteria Process — VLHA
recommendation to Vail Town Council.
Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair
of the Vail Local Housing Authority
Action Requested of Council: Approve, approve with modifications, or deny
the recommendations for amendments, improvements and enhancements to
the Town's resale lottery process.
Background: The purposes of this agenda item are four -fold:
1. share the adopted Town of Vail Annual Resale Lottery Criteria
Process,
2. summarize the Vail Town Council member's feedback from the public
meeting held on April 17th,
3. present the recommendation of the Vail Local Housing Authority for
amendments, improvements and enhancements to the criteria and
lottery process consistent with the goals and objectives outlined
above, and
4. outline the next steps for implementation of an amended process
once adopted by the Vail Town Council.
45 min.
May 15, 2018 - Page 3 of 131
Staff Recommendation: The Vail Local Housing Authority recommends the
Vail Town Council instructs the Town's Housing Department to take the steps
necessary to implement the amendments to the Town's resale lottery
process as outlined in the staff memorandum.
7.3. Resolution No. 18, Series of 2018, A Resolution Approving an Amended
and Restated Development Agreement Between the Town of Vail and Vail
Clinic; and Setting Forth Details in Regard Thereto.
Presenter(s): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer
Action Requested of Council: Approve, Approve with modifications, or deny
Resolution No. 18, Series of 2018
Background: The Town must ensure that certain obligations of VVMC are
met as the hospital completes the West Wing and begins redevelopment of
the East Wing. To that end, VVMC is prepared to commit to the obligations
in a Development Agreement, to demonstrate its commitment to the entire
redevelopment.
7.4. Vail Nature Center Update and Request for Funds 5 min.
Presenter(s): Todd Oppenheimer,Capital Project Manager/Landscape
Architect
Action Requested of Council: Approve a supplemental budget in the amount
of $95,500 for the VNC project bring the total current budget to $151,000.
Background: The purpose of this discussion is to request supplemental
budget funding by the Town Council for the continued on-going work on the
Vail Nature Center (VNC) short-term actions intended to allow continuation
of the VNC programming by the Walking Mountains Science Center. The
total estimated cost of the short-term actions is approximately $151K. The
current fund balance in the Vail Nature Center RETT account (RMT025) is
$55,454 creating a projected budget shortfall of $95,500.
10 min.
7.5. Renewal of TI GA Transit Advertising Agreement
Presenter(s): Greg Clifton, Town Manager and Matt Mire, Town Attorney
Background: Current advertising agreement renewal date is May 30, 2019.
Per Council's request, this amended contract will renew for a period of
three years.
8. Adjournment
8.1. Adjournment at 9:05 p.m.
5 min.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media
website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
May 15, 2018 - Page 4 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Recognize Colorado Grand Event and Colorado Grand Scholarship Award
Presentation
PRESENTER(S): Jenn Bruno, Mayor Pro Tem
BACKGROUND: The Colorado Grand has offered an annual scholarship program to students
attending local schools in Eagle County. The 2018 award will be given to a senior student, Juan
Macias, who attends Battle Mountain High School. Ed O'Brien, representing Colorado Grand, will
recognize the student and highlight the upcoming summer Colorado Grand program, an event that
is in their 30th year.
May 15, 2018 - Page 5 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town of Vail Youth Recognition Awards
PRESENTER(S): Scott, O'Connell, Jenn Bruno, Mayor Pro Tem
BACKGROUND: The Town of Vail will recognize two local Vail students (and residents), Jason
Macaluso, Battle Mountain High School, and Sarah Evans, Vail Mountain School, who will
be recognized for their academic accomplishments, extracurricular activities (athletic, civic,
performing arts) and leadership at their respective high schools. The Town has been a supporter of
this program formerly administered and funded by the Vail Valley Exchange (no longer an active
organization). The two schools submit the nominations for consideration by the selection
committee (Mayor Pro Tem and Mr. O'Connell).
May 15, 2018 - Page 6 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: DRB / PEC Update
PRESENTER(S): Chris Neubecker, Planning Manager
ATTACHMENTS:
Description
May 2, 2018 DRB Meeting Results
May 14, 2018 PEC Meeting Agenda
May 14, 2018 PED Meeting Results
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May 15, 2018 - Page 7 of 131
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DESIGN REVIEW BOARD
May 2, 2018, 3:00 PM
Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
1. Call to Order
1.1. Present: Bill Pierce, David Campbell, Doug Cahill, Peter Cope
Absent: John Rediker
2. Project Orientation
2.1. 1:30 PM
3. Site Visits
3.1. 5040 Prima Court - Fox Residence
3.2. 4879 Meadow Drive Unit B - Jones Residence
3.3. 4141 Spruce Way - Egli Residence
3.4. 933 Red Sandstone Road Unit 6 - Wright Residence
3.5. 1472 Matterhorn Circle - Park Meadows Lodge
3.6. 500 & 534 East Lionshead Circle - Battle Mountain/Lazier Parking Garage
4. Main Agenda
4.1. DRB18-0047 - Jones Residence
Final review of an addition
Address/Legal Description: 4879 Meadow Drive Unit B/Lot 15, Block 5,
Bighorn Subdivision 5th Addition
Applicant: Lawrence & Gayle Jones, represented by Resolution Design
Planner: Matt Panfil
Doug Cahill moved to table to May 16, 2018. Peter Cope seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.2. DRB18-0089 - Allen Residence
Conceptual review of a new separated duplex
Address/Legal Description: 224 Forest Road / Lot 11-B, Block 7, Vail Village
Filing 1
Applicant: Larry & Lori Allen, represented by Ron Byrne and Associates
Planner: Matt Panfil
May 15, 2018 - Page 8 of 131
Doug Cahill moved to table to June 6, 2018. David Campbell seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.3. DRB18-0140 - Park Meadows Lodge
Conceptual review of a new multi -family project
Address/Legal Description: 1472 Matterhorn Circle/Vail Park Meadows
Applicant: Alura Development
Planner: Jonathan Spence
4.4. DRB18-0144 - Battle Mountain/Lazier Parking Garage
Final review of an exterior alteration (parking garage)
Address/Legal Description: 500 & 534 East Lionshead Circle/Lots 2 & 3,
Block 1, Vail Lionshead Filing 1
Applicant: Lazier Lionshead LLC & Battle Mountain LLC, represented by
Braun Associates, Inc.
Planner: Jonathan Spence
1. All new parking areas shall meet Town of Vail standards (9' x 19').
2. Prior to issuance of a Demolition Permit, the Applicant shall provide to
the Town of Vail a drainage letter which accurately demonstrates where
drainage will occur.
3. After removal of the driveway access to the upper deck, the applicant
shall connect the paver walk along East Lionshead Circle. Alternative
materials may be proposed for review and approval by the Town of
Vail. This shall be completed prior to requesting any final inspections.
4. The demo permit shall, at a minimum, include a signed/stamped
engineered shoring plan.
5. All trees with the exception of the two conifers along East Lionshead
Circle shall remain. If other trees are damaged or removed through
construction, the applicant shall submit a revised landscape plan for
review and approval by the Town of Vail, prior to requesting any final
inspections.
6. The trash room with the cooking oil shall be cleaned and both trash
rooms shall operate as bear -proof within 30 days of the approval of this
DRB application.
7. The fire lane located to the south of the garage shall be maintained and
accessible during the demolition period.
Peter Cope moved to approve with conditions. David Campbell seconded the
motion and it passed (3-0).
Abstair(1) Pierce
Absent(1) Rediker
4.5. DRB18-0108 - Fox Residence
Final review of an exterior alteration (deck)
Address/Legal Description: 5040 Prima Court Unit Al/A2/Parcel 2, Sundial
Phase 1
Applicant: Jeff & Sara Fox, represented by KCB Construction Inc.
Planner: Justin Lightfield
1. Prior to issuance of a building permit, the applicant shall revise the
May 15, 2018 - Page 9 of 131
plans to show that the deck alteration matches the existing siding, color,
and trim of the residence.
Doug Cahill moved to approve with conditions. Peter Cope seconded the
motion and it passed (4-0).
Absent(1) Rediker
4.6. DRB18-0110 - Arosa Parnters LLC
Final review of new construction
Address/Legal Description: 2658 Arosa Drive/Lot 3, Block D, Vail Ridge
Subdivision
Applicant: Arosa Partners LLC, represented by TAB Associates, Inc.
Planner: Justin Lightfield
Doug Cahill moved to approve. Peter Cope seconded the motion and it
passed (4-0).
Absent(1) Rediker
4.7. DRB18-0113 - Wright Residence
Final review of an exterior alteration (patio door)
Address/Legal Description: 933 Red Sandstone Road Unit 6/Cottonwood
Park Townhouses at Vail
Applicant: Allison Wright, represented by Nedbo Construction
Planner: Justin Lightfield
Doug Cahill moved to approve. Peter Cope seconded the motion and it
passed (4-0).
Absent(1) Rediker
4.8. DRB18-0142 - Egli Residence
Conceptual review of an exterior alteration (siding/windows/roof/deck)
Address/Legal Description: 4141 Spruce Way/Lot 8, Block 9, Bighorn
Subdivision 3rd Addition
Applicant: Roger Egli, represented by Intention Architecture
Planner: Justin Lightfield
5. Staff Approvals
5.1. B18-0124 - Allen Residence
Final review of an exterior alteration (reroof)
Address/Legal Description: 1956 Circle Drive/Lot 31, Buffehr Creek
Resubdivision
Applicant: Bruce H. Allen Revocable Trust, represented by Sunlight Roofing
Inc.
Planner: Andy Rogers
5.2. DRB18-0003 - Patterson Residence
Final review of an exterior alteration (hot tub/landscaping)
Address/Legal Description: 4016 Lupine Drive/Lot 9, Bighorn Subdivision
May 15, 2018 - Page 10 of 131
Applicant: Richard & Regina Patterson, represented by Ceres+
Planner: Chris Neubecker
5.3. DRB18-0083 - Johnson Residence
Final review of an addition
Address/Legal Description: 3245 Katsos Ranch Road/Lot 8, Block 1, Vail
Village Filing 12
Applicant: Tait & Sarah Johnson, represented by Scott S. Turnipseed AIA
Planner: Justin Lightfield
5.4. DRB18-0097 - Vailpoint LLC
Final review of an exterior alteration (landscaping)
Address/Legal Description: 366 Hanson Ranch Road/Lot D, Block 2, Vail
Village Filing 1
Applicant: Vailpoint LLC
Planner: Jonathan Spence
5.5. DRB18-0103 - Bernardo Residence
Final review of an addition
Address/Legal Description: 4718 Meadow Drive Unit B2/Bighorn
Townhouses Subdivision
Applicant: Sharon M. & William J. Bernardo Children's Trust, represented by
GPSL Architects
Planner: Jonathan Spence
5.6. DRB18-0105 - One Vail Place Homeowners Association
Final review of an exterior alteration (gutters)
Address/Legal Description: 244 Wall Street/Lot A & C, Block 5C, Vail Village
Filing 1
Applicant: One Vail Place Homeowners Association, represented by Teak
Simonton
Planner: Justin Lightfield
5.7. DRB18-0107 - Beaver Dam LLC
Final review of an exterior alteration (hot tub/walkway)
Address/Legal Description: 443 Beaver Dam Road/Lot 4, Block 4, Vail
Village Filing 3
Applicant: Beaver Dam LLC, represented by Ross Construction
Planner: Jonathan Spence
5.8. DRB18-0111 - Arguello Residence
Final review of an exterior alteration (windows/doors)
Address/Legal Description: 4506 Spruce Way Unit 6/Lot 8 & 9, Block 1,
Bighorn Subdivision 3rd Addition
Applicant: Benjamin Arguello, represented by Cazes Martin
Planner: Matt Panfil
5.9. DRB18-0115 - Rondeau Residence
Final review of an exterior alteration (windows)
Address/Legal Description: 1613 Matterhorn Circle/Lot 26, Matterhorn
Village Filing 1
May 15, 2018 - Page 11 of 131
Applicant: Rondeau Family Trust, represented by Renewal by Andersen
Planner: Justin Lightfield
5.10. DRB18-0116 - Chamonix Vail
Final review of a change to approved plans (guardrail)
Address/Legal Description: 2310 Chamonix Road/Parcel B, Vail Das
Schone Filing 1
Applicant: Town of Vail, represented by Triumph Development West LLC
Planner: Jonathan Spence
5.11. DRB18-0117 - Gottlieb Residence
Final review of an exterior alteration (landscaping)
Address/Legal Description: 3021 Booth Falls Road/Lot 15, Block 1, Vail
Village Filing 13
Applicant: John & Lynn Gottlieb, represented by Ceres Landcare
Planner: Jonathan Spence
5.12. DRB18-0119 - Vail Library
Final review of an exterior alteration (siding)
Address/Legal Description: 292 West Meadow Drive/Lot 5, Block 1, Vail
Lionshead Filing 2
Applicant: Town of Vail
Planner: Matt Panfil
5.13. DRB18-0120 - Vail Nature Center
Final review of new construction
Address/Legal Description: 841 Vail Valley Drive/Unplatted - Ford Park
Nature Center
Applicant: Town of Vail
Planner: Chris Neubecker
5.14. DRB18-0122 - Vail Health
Final review of a construction sign
Address/Legal Description: 180 South Frontage Road West/Lot E & F, Vail
Village Filing 2
Applicant: Vail Health, represented by Braun Associates, Inc.
Planner: Jonathan Spence
5.15. DRB18-0123 - Sudbrink Residence
Final review of an exterior alteration (window)
Address/Legal Description: 1670 Fall Ridge Road Unit C10/Lot 1, Sunburst
Filing 3
Applicant: Craig Sudbrink, represented by Jeff Lutz Builders
Planner: Matt Panfil
5.16. DRB18-0124 - Enzian
Final review of a construction sign
Address/Legal Description: 707 West Lionshead Circle/Lot 1, Block 2, Vail
Lionshead Filing 3
Applicant: Enzian, represented by R.A. Nelson LLC
May 15, 2018 - Page 12 of 131
Planner: Jonathan Spence
5.17. DRB18-0125 - SLP Vail LLC
Final review of an exterior alteration (landscaping)
Address/Legal Description: 3994 Bighorn Road/Lot 2, Gore Creek Park
Subdivision
Applicant: SLP Vail LLC, represented by Ceres Landcare
Planner: Jonathan Spence
5.18. DRB18-0128 - P & R Enterprises
Final review of a sign
Address/Legal Description: 228 Bridge Street Unit A/Lot A, Block 5, Vail
Village Filing 1
Applicant: P & R Enterprises, represented by Beth Levine Architect Inc.
Planner: Matt Panfil
5.19. DRB18-0129 - Padden Residence
Final review of an exterior alteration (vent)
Address/Legal Description: 2289 Chamonix Lane Unit 1/Lot 6, Block A, Vail
Das Schone Filing 1
Applicant: Derek Padden, represented by Crockford Builders
Planner: Matt Panfil
5.20. DRB18-0130 - Snow Pansy LLC
Final review of an exterior alteration (vent)
Address/Legal Description: 595 Vail Valley Drive Unit C107/Lot A -C, Block
1, Vail Village Filing 7
Applicant: Snow Pansy LLC, represented by Aspen Grove Construction Inc.
Planner: Jonathan Spence
The applications and information about the proposals are available for public inspection during
regular office hours at the Town of Vail Community Development Department, 75 South
Frontage Road. The public is invited to attend the project orientation and the site visits that
precede the public hearing in the Town of Vail Town Council Chambers. Times and order of
items are approximate, subject to change, and cannot be relied upon to determine at what time
the Design Review Board will consider an item. Please call 970-479-2138 for additional
information. Sign language interpretation available upon request with 24-hour notification, dial
711.
May 15, 2018 - Page 13 of 131
PLANNING AND ENVIRONMENTAL COMMISSION
TOWS OF(D May 14, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
The May 14, 2018 PEC meeting had not taken place by the time the Town Council
packets were distributed. Results from this meeting will be e-mailed to all Town Council
members the morning of the May 15, 2018. Council meeting as well as copies printed for
distribution to Council and audience members.
1. Call to Order
1.1. Attendance
1.1. 175 Forest Road - Venerable Residence
2. Main Agenda
2.1. A request for the review of variances from Section 14-10-4-C,
Architectural Projections, Decks, Balconies, Steps, Bay Windows, Etc.,
Vail Town Code, pursuant to Section 12-17, Variances, Vail Town
Code, to allow a deck and accompanying staircase more than five feet
(5') above ground level to project more than five feet (5') into the
required front (south) and side (east) setback, located at 175 Forest
Road/Lot 26, Block 7, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC18-0015) 30 min.
Applicant: Ed & Amy Venerable, represented by KH Webb Architects
Planner: Matt Panfil
2.2. A request for a review of a prescribed regulations amendment to
Section 14- 10-6, Residential Development, Vail Town Code, to allow
the Design Review Board (DRB) to apply different design review
standards in situations when two-family dwellings appear as separate
and distinct development lots, and setting forth details in regard
thereto. (PEC18-0005) 5 min.
The Applicant has requested to table this item to the May 29, 2018 meeting.
Applicant: Arosa Partners LLC, represented by Brad Hagedorn
Planner: Justin Lightfield
2.3. A request for review of variances from Section 12-15-2, GRFA
Requirements by Zone District, Section 12-15-3 Definition, Calculation
and Exclusions, Section 12-18-4 Uses, and Section 12-18-5, Density
Control, Vail Town Code, pursuant to Title 12 Chapter 17, Variances,
Vail Town Code, to allow for Gross Residential Floor Area (GRFA) in
excess of the amount permitted by lot area and zone district and to
allow an access opening to a crawl space of greater than 12 square
feet , located at 2014 West Gore Creek Drive Unit 5/Lot 41-43 (Hamlet
May 15, 2018 - Page 14 of 131
Townhouses), Vail Village West Filing 2, and setting forth details in
regard thereto. (PEC18-0009) 5 min.
The Applicant has requested to table this item to the May 29, 2018 meeting.
Applicant: Holly Proctor and John Hutto, represented by Martin
Manley Architects
Planner: Chris Neubecker
3. Approval of Minutes
3.1. April 23, 2018 PEC Results
4. Informational Update
4.1. Eagle River Valley Housing Needs & Solutions Update
5. Adjournment
The applications and information about the proposals are available for public inspection during regular
office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The
public is invited to attend the project orientation and the site visits that precede the public hearing in the
Town of Vail Community Development Department. Times and order of items are approximate, subject
to change, and cannot be relied upon to determine at what time the Planning and Environmental
Commission will consider an item. Please call (970) 479-2138 for additional information. Please call
711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
Published in the Vail Daily May 11, 2018
May 15, 2018 - Page 15 of 131
PLANNING AND ENVIRONMENTAL COMMISSION
TOWN Of AJi May 14, 2018, 1:00 PM
Town Council Chambers
75 S. Frontage Road -Vail, Colorado, 81657
1. Call to Order
Present: Brian Gillette, Brian Stockmar, John -Ryan Lockman, Karen Perez
(arrive 1:05 PM), Ludwig Kurz, Pam Hopkins, Rollie Kjesbo
Absent: None
2. Site Visits
2.1. 175 Forest Road - Venerable Residence
3. Main Agenda
3.1. A request for the review of variances from Section 14-10-4-C, Architectural
Projections, Decks, Balconies, Steps, Bay Windows, Etc., Vail Town Code,
pursuant to Section 12-17, Variances, Vail Town Code, to allow a deck and
accompanying staircase more than five feet (5') above ground level to project
more than five feet (5') into the required front (south) and side (east) setback,
located at 175 Forest Road/Lot 26, Block 7, Vail Village Filing 1, and setting
forth details in regard thereto. (PEC18-0015)
ApplicantEd & Amy Venerable, represented by KH Webb Architects
Planner: Matt Panfil
1. Approval of these variances is contingent upon the applicant obtaining
Town of Vail design review approval for this proposal; and
2. The applicant shall clearly demonstrate, via an Improvement Location
Certificate (ILC), to the Community Development Department prior to
requesting a final planning inspection that improvements have been
constructed per plan.
Panfil introduced the request to the PEC and provided the board with
background information. Panfil discussed the demo/rebuild provisions
of the code.
Commissioner Perez requested clarifications if additional variances
are required.
Kyle Webb, representing the applicant had no presentation.
Commissioner Gillette asked about the height of a wall shown on the
plans.
Kyle responded to the commissioner's questions.
Commissioner Hopkins asked for clarifications concerning the
setbacks.
30 min.
May 15, 2018 - Page 16 of 131
Panfil provided information related to inquiries from neighbors.
Gillette asked if a supporting post under the parking deck might be
appropriate.
Stockmar and Kjesbo concurred.
Public Comment: No members of the public spoke.
Commissioner Comments:
Lockman- Supports the request as a result of the topography.
Hopkins- Agrees with Mr. Lockman
Perez - Concurs with other commissioners.
Kurz- Agrees with staff and supports the proposal.
Gillette -In favor of application and feels it meets the criteria.
Recommends that the DRB consider a supporting column under the
deck.
Kjesbo-Agrees with staff and Gillett's recommendation concerning the
supporting column.
Stockmar supports the application and the forthcoming motion.
Ludwig Kurz moved to approve with conditions. Brian Gillette seconded the
motion and it passed (7-0).
3.2. A request for a review of a prescribed regulations amendment to Section 14- 5 min.
10-6, Residential Development, Vail Town Code, to allow the Design Review
Board (DRB) to apply different design review standards in situations when
two-family dwellings appear as separate and distinct development lots, and
setting forth details in regard thereto. (PEC18-0005)
The Applicant has requested to table this item to the May 29, 2018 meeting.
ApplicantArosa Partners LLC, represented by Brad Hagedorn
Planner: Justin Lightfield
Brian Gillette moved to table to May 29, 2018. Ludwig Kurz seconded the
motion and it passed (7-0).
3.3. A request for review of variances from Section 12-15-2, GRFA Requirements 5 min.
by Zone District, Section 12-15-3 Definition, Calculation and Exclusions,
Section 12-18-4 Uses, and Section 12-18-5, Density Control, Vail Town
Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow
for Gross Residential Floor Area (GRFA) in excess of the amount permitted
by lot area and zone district and to allow an access opening to a crawl space
of greater than 12 square feet , located at 2014 West Gore Creek Drive Unit
5/Lot 41-43 (Hamlet Townhouses), Vail Village West Filing 2, and setting forth
details in regard thereto. (PEC18-0009)
The Applicant has requested to table this item to the May 29, 2018 meeting.
May 15, 2018 - Page 17 of 131
ApplicantHolly Proctor and John Hutto, represented by Martin Manley
Architects
Planner: Chris Neubecker
Ludwig Kurz moved to table to May 29, 2018. Brian Gillette seconded the
motion and it passed (7-0).
4. Approval of Minutes
4.1. April 23, 2018 PEC Results
5. Informational Update
5.1. Eagle River Valley Housing Needs & Solutions Update
Kim Williams, representing the Eagle County Housing Department,
presented the results from the recent housing demands analysis.
Commissioner Gillette inquired about the relationship between job
creation and housing units.
Tori Franks with Eagle County Housing Department discussed the
how units relate to employment numbers.
Gillette -Why is overcrowding a problem?
Franks spoke to true overcrowding where it has impacted quality of
life and how it is a percentage of total overcrowding.
Gillette asked for further clarification about the "Catch Up" slide.
Franks provided additional information.
Gillette asked how many units were created in recent years.
Williams responded, less than 200 units.
Perez asked for clarification on what is considered affordable in
Eagle County.
Franks responded that there are a number of different definitions for
different programs/situations.
Perez spoke to the problem in the housing community of
interchanging the terms workforce housing and affordable housing.
George Ruther spoke to deed restrictions in the valley and their
acceptance by the community.
Williams discussed findings from a recent survey regarding various
strategies to increase the amount of workforce housing in the Eagle
River Valley. Neubecker asked for a description of the difference
between inclusionary housing and residential linkage. Ruther stated
that the residential linkage assumes the creation of jobs based on
residential development. Gillette stated that this question and survey
May 15, 2018 - Page 18 of 131
6. Adjournment
should be oriented more to people providing and building housing, not
residing in the housing.
Gillette pointed to the need to ask the right questions to the right
individuals/groups. I.e. ask developers about fee waivers and density
bonuses, not residents.
Perez asked how Middle Creek was received by the community.
Ruther responded that it depended on what angle you were looking at
it from.... neighbors, future users, employers etc.
Stockmar-Asked how we educate our full and part time residents
about the issue.
Ruther-Spoke to the recent NI MBY Jamboree. Stated that when the
issue is personalized more people become interested in the issue.
Williams returned to the slide presentation and discussed the existing
tools and their support.
Stockmar inquired about interjurisdictional cooperation.
Williams spoke to alignment and discussions that are occurring and
related successes.
Lockman asked how policy considerations are brought to fruition.
Spoke to the challenges facing renters.
Ruther spoke to the upcoming meeting between the Town Council
and the VLHA. Spoke to past "No's" such as "The Town of Vail never
sells land" or "The Town of Vail does not spend money outside of
town boundaries"
Perez asked about rental properties, whether owned by the Town of
the VLHA.
Ruther spoke to the issue and that if the VLHA owned units that
additional bonding opportunities might exist.
Lockman spoke to the divergence of quality and quantity. Spoke to
the need for rental properties to improve.
Ruther spoke to the direct and indirect results of some regulations.
Gillette spoke to looking at the existing housing stock vs new units.
Spoke to buying deed restrictions on existing units.
Ruther spoke to the Vail Indeed program.
Stockmar spoke to his concern about the aging population and the
aging of the housing stock.
May 15, 2018 - Page 19 of 131
The applications and information about the proposals are available for public inspection during regular office hours at the Town of
Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the
site visits that precede the public hearing in the Town of Vail Community Development Depaitment. Times and order of items are
approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission
will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour
prior to meeting time.
Community Development Department
May 15, 2018 - Page 20 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 15, Series of 2018, A Resolution Approving a Lease Agreement
Between the Town of Vail and La Bottega Inc., and Setting Forth Details in Regard Thereto.
ATTACHMENTS:
Description
Resolution No. 15, Series of 2018
May 15, 2018 - Page 21 of 131
RESOLUTION NO. 15
SERIES OF 2018
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF
VAIL AND LA BOTTEGA INC; 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 is the owner of certain real property described as A Portion of
Unit 2, Vail Village Inn Phase V (the "Premises"); and
WHEREAS, the Town wishes to lease the Premises to La Bottega Inc.., pursuant to
the terms set forth in the lease, attached hereto as Exhibit A (the "Lease");
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Lease and authorizes the Town
Manager to execute the Lease on behalf of the Town 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, READ, APPROVED AND ADOPTED this 15th day of May, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 15 Series of 2018
May 15, 2018 - Page 22 of 131
LEASE
This LEASE (the "Lease") is made and entered into this day of
, 2018 (the "Effective Date") between the Town of Vail, a Colorado
home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO
81657 (the "Town"), and , a with an address of
("Lessee") (each a "Party" and collectively the "Parties").
ARTICLE 1 — PREMISES
A. Lease. In consideration of the rents, covenants and agreements herein
contained, the Town demises and leases to Lessee, and Lessee rents from the Town,
the property described as a portion of Unit 2, Vail Village Inn Phase V, as more
particularly described in Exhibit A, attached hereto and incorporated herein by this
reference (the "Premises"), which is approximately 153 square feet.
B. Suitability. As of the Effective Date, Lessee has inspected the physical
condition of the Premises and receives the Premises in "as is" condition. The Town
makes no representations or warranties with respect to the condition of the Premises or
its fitness or availability for any particular use, and the Town shall not be liable to
Lessee for any latent or patent defect on the Premises.
ARTICLE 2 — TERM AND TERMINATION
A. Term. This Lease shall commence on June 1, 2018 and terminate on May
31, 2019, unless terminated as provided herein.
B. Termination by Town. Notwithstanding any other provision of this Lease,
if the Town determines, in its sole discretion, that the Premises is needed for a public
purpose, the Town may terminate this Lease, with or without cause, by providing
Lessee with a minimum of 30 days' prior written notice.
C. Surrender. Upon the expiration or termination of this Lease, Lessee shall
peaceably and quietly leave and surrender the Premises in the same condition as it
exists on the date of the execution of this Lease, subject to reasonable wear and tear.
ARTICLE 3 — RENT AND SECURITY DEPOSIT
A. Rent. Lessee shall pay the Town monthly rent of $573.75 ($45/square
foot), to be paid on the first business day of each month. The rent shall be payable at
the Town of Vail Municipal Building, 75 South Frontage Road, Vail, Colorado, or at such
other place the Town may designate in writing. If the rent is not paid on the first
business day of the month, a late fee of $50 shall be charged for each day that the rent
is late. Such late fee shall be due and payable within 10 days of assessment.
B. Security Deposit. Upon execution of this Lease, Lessee shall deposit with
the Town a Security Deposit of $573.75 to secure against the breach of any obligations
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under this Lease, including without limitation: damage to the Premises; abandonment
of the Premises; and nonpayment of rent, late charges, returned check charges and
attorney fees. If the Security Deposit is used by the Town during the term of this Lease,
Lessee shall immediately restore the Security Deposit. Within 60 days after Lessee's
surrender of the Premises, the Town shall provide Lessee, at Lessee's last known
address, with a written statement listing the reasons for all charges against the Security
Deposit, and refund the balance (if any) therewith. Upon surrender, Lessee shall
thoroughly clean the Premises, so that the Premises is in the same clean condition it
was in when Lessee took possession. If Lessee does not clean adequately, Lessee
shall be liable for reasonable cleaning charges and such charges may be deducted from
the Security Deposit. The Security Deposit shall not be applied to Monthly Rent or any
charge due hereunder without the Town's prior written approval.
ARTICLE 4 — USE AND MAINTENANCE
A. General Use. Lessee shall use and occupy the Premises as a business
office, so long as such use conforms with the lawful rules and regulations of all
authorities affecting the Premises, including without limitation the Village Inn Plaza —
Phase V Homeowners' Association (the "HOA"). Lessee will not do, or permit to be
done, anything which is contrary to any legal or insurable requirement or which
constitutes a nuisance. Lessee shall comply with all applicable statutes, ordinances
and regulations pertaining to the Premises. No exterior signage shall be permitted, and
no parking is provided. Lessee expressly agrees to timely pay any and all fines
assessed by the HOA related to Lessee's use of the Premises.
B. Maintenance. Lessee agrees that at all times during the term of this
Lease, Lessee, at its own cost and expense, shall:
1. Keep the Premises in good, neat, and clean condition;
2. Not park trucks or delivery vehicles outside the Premises so as to
unreasonably interfere with the use of any driveways, walks, roadways or parking
areas; and
3. Keep the outside area of the Premises reasonably clean and free from
snow, ice, dirt, rubbish or obstruction.
C. Inspection. Lessee shall permit the Town and its agents to enter the
Premises at reasonable times and upon reasonable notice, for the purpose of
inspecting the Premises.
D. Utilities. Utility charges are included in the monthly rent.
ARTICLE 5 — TAXES
A. Property Taxes. Lessee shall pay all property taxes and general and
special assessments levied and assessed against the Premises. Lessee acknowledges
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that the Premises may be subject to property tax, despite the Town's ownership of the
property, because of the use of the property by Lessee. Lessee agrees that the Town
shall have no obligation to contest such property taxes or cooperate with Lessee in
contesting such property taxes. Notwithstanding anything to contrary herein, Lessee
may contest any tax assessment as provided by law.
B. Partial Years. If property taxes are assessed for a tax year extending
beyond the term of the Lease, the obligation of Lessee shall be proportionate to the
portion of the Lease term included in such year.
ARTICLE 6 — IMPROVEMENTS
A. Additional Improvements. Lessee shall not, without first obtaining the
written consent of the Town, make any alterations, additions, or improvements, in, to or
about the Premises.
B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to
be filed against the Premises by reason of work, labor, service or materials supplied or
claimed to have been supplied to Lessee. Nothing in this Lease shall be construed as
constituting the consent of the Town, expressed or implied, to any contractor,
subcontractor, laborer or material supplier for the performance of any labor or the
furnishing of any materials for any improvement or repair of or to the Premises.
Nothing in this Lease shall be construed as giving Lessee any right to contract for or
permit the rendering of any services or the furnishing of any materials that would give
rise to the filing of any mechanic's lien or claim against the Town's interest in the
Premises. If any mechanic's lien or claim is filed against the Premises, Lessee shall
cause the same to be discharged within 30 days.
ARTICLE 7 — INDEMNIFICATION
Lessee agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all
claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including, without limitation, claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any manner connected
with this Lease or the Premises, unless caused by the negligence of the Town. This
indemnification shall survive the expiration or termination of this Lease.
ARTICLE 8 — INSURANCE
A. Coverages. Throughout the term of this Lease (and after its expiration or
termination as appropriate), Lessee shall procure and maintain, at its sole cost and
expense, all of the following insurance:
1. Comprehensive broad form general public liability insurance in common
use for commercial structures with extended coverage endorsement protecting
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the Town and Lessee and covering the Premises, common areas, and parking
areas and sidewalks located adjacent to the Premises and Lessee's use thereof
against claims for personal injury, death and property damage occurring upon, in
or about the Premises, such insurance to afford protection to the limit of not less
than $2,000,000 combined single limit. The insurance required under this
Section shall, in addition, extend to any liability of Lessee arising out of the
indemnities provided for in Article 7.
2. Workers' compensation insurance covering all employees, in the amounts
required by law.
B. Form. All policies shall be issued by solvent and responsible insurance
companies licensed to do business in the State of Colorado. Each policy shall be
issued in the names of the Town and Lessee. The commercial policy shall be written as
a primary policy which does not contribute to and is not in excess of coverage carried by
the Town. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the
Town. In the case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
Any insurance carried by the Town, its officers, its employees, or its contractors shall be
excess and not contributory insurance to that provided by Lessee. Lessee shall be
solely responsible for any deductible losses under any policy.
ARTICLE 9 — DEFAULT
A. Event of Default. The failure by Lessee to comply with any provision of
this Lease shall constitute a default of this Lease.
B. Remedies. Upon a default, the Town may re-enter and take possession of
the Premises (after appropriate court proceedings), without terminating this Lease, and
sublease the Premises, holding Lessee liable for the difference in the rent. In addition,
the Town may take any action at law or in equity to enforce performance of any
obligation of Lessee under this Lease. The Town's remedies shall be cumulative, and
the exercise of one remedy shall not prevent the exercise of any other available
remedy.
C. Attorney Fees and Costs. If the Town brings suit to enforce any provision
of this Lease or for recovery of the Premises, the Town shall be entitled to all costs
incurred in connection with such action, including reasonable attorney fees.
ARTICLE 10 — MISCELLANEOUS
A. Integration. This Lease constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
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B Severability. If any provision of this Lease is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall
not be affected thereby, and each provision of this Lease shall be valid and be
enforceable to the fullest extent permitted by law.
C. Governing Law and Venue. This Lease shall be governed and construed
in accordance with the laws of the State of Colorado, and any legal action arising out of
this Lease shall be brought in Eagle County, Colorado.
D. Notice. Any notice under this Lease shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States
Mail to the Party at the address set forth on the first page of this Lease.
E. Successors. This Lease shall inure to the benefit of and be binding upon
the Town and Lessee and their respective heirs, successors, representatives,
administrators, executors and devisees; provided that Lessee shall not assign this
Lease or sublet the Premises or any part thereof. Any attempted assignment or
subletting shall be deemed void and of no effect.
F. Assignment and Subletting. Lessee shall not assign this Lease or sublet
any portion of the Premises without the prior written consent of the Town. Any such
assignment or subletting without the Town's consent shall be void.
G. Inspection of Records. The Town shall have the right, upon reasonable
notice to inspect the records of Lessee, including financial records, if said inspection is
reasonably related to this Lease or to a business or municipal purpose of the Town.
H. No Waiver. A failure of a Party to enforce any term of this Lease shall not
be deemed to be a waiver of any other term of this Lease.
I. Subordination. This Lease is and shall be subordinated to all existing and
future liens and encumbrances against the Premises.
J. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this Lease,
and the Town shall never be liable or responsible for any debt or obligation of any
participant in this Lease.
K. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town may have under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended.
L. No Third -Party Beneficiaries. There are no intended third -party
beneficiaries to this Lease.
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IN WITNESS WHEREOF, the Parties have executed this Lease on the Effective
Date.
ATTEST:
Patty McKenny, Town Clerk
STATE OF COLORADO
COUNTY OF
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
LESSEE
) ss.
Subscribed and sworn to before me this day of
2018, by as of
My Commission expires:
Notary Public
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Property Description
BASEMENT LEVEL FLOOR PLAN
EXHIBIT A
PREMISES
•r
k 1!
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Formatted: Font: (Default) Arial
May 15, 2018 - Page 29 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 16, Series of 2018, A Resolution Approving a Lease Agreement
Between the Town of Vail and Mountain Grocery LLC; and Setting Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 16, Series of 2018
May 15, 2018 - Page 30 of 131
RESOLUTION NO. 16
SERIES OF 2018
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF
VAIL AND MOUNTAIN GROCERY, 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 is the owner of certain real property described as Unit 129,
Lionshead Transit Welcome Center (the "Premises"); and
WHEREAS, the Town wishes to lease the Premises to Vail Mountain Grocery, LLC.,
pursuant to the terms set forth in the lease, attached hereto as Exhibit A (the "Lease");
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby approves the Lease and authorizes the Town
Manager to execute the Lease on behalf of the Town 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, READ, APPROVED AND ADOPTED this 15th day of May, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 16, Series of 2018
May 15, 2018 - Page 31 of 131
LEASE
This LEASE (the "Lease") is made and entered into this day of
, 2018 (the "Effective Date") between the Town of Vail, a Colorado
home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO
81657 (the "Town"), and Mountain Grocery, LLC, a limited liability company with an
address of 490 Sherman Street, Ridgway, Colorado, 81432 ("Lessee") (each a "Party"
and collectively the "Parties").
ARTICLE 1 — PREMISES
A. Lease. In consideration of the rents, covenants and agreements herein
contained, the Town demises and leases to Lessee, and Lessee rents from the Town, the
property described as Unit 129, Lionshead Transit Welcome Center (the "Premises").
B. Suitability. As of the date of execution of this Lease, Lessee has inspected
the physical condition of the Premises and receives the Premises in "as is" condition. The
Town makes no representations or warranties with respect to the condition of the
Premises or its fitness or availability for any particular use, and the Town shall not be
liable to Lessee for any latent or patent defect on the Premises.
ARTICLE 2 — TERM AND TERMINATION
A. Term. This Lease shall commence on May 1, 2018 and terminate on April
30, 2023, unless renewed as provided herein.
B. Renewal. If Lessee is not in default of this Lease, Lessee shall have the
option to renew the Lease for 2 additional terms of 3 years each commencing at the
expiration of the initial Lease term or renewal term, as applicable. The option shall be
exercised by written notice given to the Town not less than 90 days prior to the expiration
of the initial term or renewal term, as applicable. If notice is not given as provided herein,
the renewal option shall automatically expire.
C. Termination by Town. Notwithstanding any other provision of this Lease, if
the Town determines, in its sole discretion, that the Premises is needed for a public
purpose, the Town may terminate this Lease, with or without cause, by providing Lessee
with a minimum of 180 days' prior written notice.
D. Surrender. Upon the expiration or termination of this Lease, Lessee shall
peaceably and quietly leave and surrender the Premises in the same condition as it exists
on the date of the execution of this Lease, subject to reasonable wear and tear.
ARTICLE 3 — RENT AND SECURITY DEPOSIT
A. Rent. Lessee shall pay the Town monthly rent of $840.00, to be paid on the
first business day of each month. The rent shall be payable at the Town of Vail Municipal
Building, 75 South Frontage Road, Vail, Colorado, or at such other place the Town may
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designate in writing. If the rent is not paid on the first business day of the month, a late
fee of $50 shall be charged for each day that the rent is late. Such late fee shall be due
and payable within 10 days of assessment.
B. Security Deposit. Upon execution of this Lease, Lessee shall deposit with
the Town a Security Deposit of $840.00 to secure against the breach of any obligations
under this Lease, including without limitation: damage to the Premises; abandonment of
the Premises; and nonpayment of rent, late charges, returned check charges and attorney
fees. If the Security Deposit is used by the Town during the term of this Lease, Lessee
shall immediately restore the Security Deposit. Within 60 days after Lessee's surrender
of the Premises, the Town shall provide Lessee, at Lessee's last known address, with a
written statement listing the reasons for all charges against the Security Deposit, and
refund the balance (if any) therewith. Upon surrender, Lessee shall thoroughly clean the
Premises, so that the Premises is in the same clean condition it was in when Lessee took
possession. If Lessee does not clean adequately, Lessee shall be liable for reasonable
cleaning charges and such charges may be deducted from the Security Deposit. The
Security Deposit shall not be applied to Monthly Rent or any charge due hereunder
without the Town's prior written approval.
ARTICLE 4 — USE AND MAINTENANCE
A. General Use. Lessee shall use and occupy the Premises for storage, so
long as such use conforms with regulations of all authorities affecting the Premises, and
Lessee will not do, or permit to be done, anything which is contrary to any legal or
insurable requirement or which constitutes a nuisance. The storage of hazardous
materials is prohibited. Lessee shall comply with all applicable statutes, ordinances and
regulations pertaining to the Premises. No exterior signage shall be permitted
B. Maintenance. Lessee agrees that at all times during the term of this Lease,
Lessee, at its own cost and expense, shall:
1. Keep the Premises in good, neat, and clean condition;
2. Not park trucks or delivery vehicles outside the Premises so as to
unreasonably interfere with the use of any driveways, walks, roadways or parking
areas; and
3. Keep the outside area of the Premises reasonably clean and free from
snow, ice, dirt, rubbish or obstruction.
C. Inspection. Lessee shall permit the Town and its agents to enter the
Premises at reasonable times and upon reasonable notice, for the purpose of inspecting
the Premises.
D. Utilities. Lessee shall pay for all utility charges associated with Lessee's
use of the Premises.
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ARTICLE 5 — TAXES
A. Property Taxes. Lessee shall pay all property taxes and general and
special assessments levied and assessed against the Premises. Lessee acknowledges
that the Premises may be subject to property tax, despite the Town's ownership of the
property, because of the use of the property by Lessee. Lessee agrees that the Town
shall have no obligation to contest such property taxes or cooperate with Lessee in
contesting such property taxes. Notwithstanding anything to contrary herein, Lessee may
contest any tax assessment as provided by law.
B. Partial Years. If property taxes are assessed for a tax year extending
beyond the term of the Lease, the obligation of Lessee shall be proportionate to the
portion of the Lease term included in such year.
ARTICLE 6 — IMPROVEMENTS
A. Additional Improvements. Lessee shall not, without first obtaining the
written consent of Town, make any alterations, additions, or improvements, in, to or
about the Premises.
B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to
be filed against the Premises by reason of work, labor, service or materials supplied or
claimed to have been supplied to Lessee. Nothing in this Lease shall be construed as
constituting the consent of the Town, expressed or implied, to any contractor,
subcontractor, laborer or material supplier for the performance of any labor or the
furnishing of any materials for any improvement or repair of or to the Premises. Nothing
in this Lease shall be construed as giving Lessee any right to contract for or permit the
rendering of any services or the furnishing of any materials that would give rise to the
filing of any mechanic's lien or claim against the Town's interest in the Premises. If any
mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to
be discharged within 30 days.
ARTICLE 7 — INDEMNIFICATION
Lessee agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all
claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including, without limitation, claims arising from bodily
injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this
Lease or the Premises, unless caused by the negligence of the Town. This
indemnification shall survive the expiration or termination of this Lease.
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ARTICLE 8 — INSURANCE
A. Coverages. Throughout the term of this Lease (and after its expiration or
termination as appropriate), Lessee shall procure and maintain, at its sole cost and
expense, all of the following insurance:
1. Comprehensive broad form general public liability insurance in common use
for commercial structures with extended coverage endorsement protecting the
Town and Lessee and covering the Premises, common areas, and parking areas
and sidewalks located adjacent to the Premises and Lessee's use thereof against
claims for personal injury, death and property damage occurring upon, in or about
the Premises, such insurance to afford protection to the limit of not less than
$2,000,000 combined single limit. The insurance required under this Section shall,
in addition, extend to any liability of Lessee arising out of the indemnities provided
for in Article 7.
2. Workers' compensation insurance covering all employees, in the amounts
required by law.
B. Form. All policies shall be issued by solvent and responsible insurance
companies licensed to do business in the State of Colorado. Each policy shall be issued
in the names of the Town and Lessee. The commercial policy shall be written as a
primary policy which does not contribute to and is not in excess of coverage carried by
the Town. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims -made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees, or its contractors shall be excess and not
contributory insurance to that provided by Lessee. Lessee shall be solely responsible for
any deductible losses under any policy.
ARTICLE 9 — DEFAULT
A. Event of Default. The failure by Lessee to comply with any provision of this
Lease shall constitute a default of this Lease.
B. Remedies. Upon a default, the Town may re-enter and take possession of
the Premises (after appropriate court proceedings), without terminating this Lease, and
sublease the Premises, holding Lessee liable for the difference in the rent. In addition,
the Town may take any action at law or in equity to enforce performance of any obligation
of Lessee under this Lease. The Town's remedies shall be cumulative, and the exercise
of one remedy shall not prevent the exercise of any other available remedy.
C. Attorney Fees and Costs. If the Town brings suit to enforce any provision
of this Lease or for recovery of the Premises, the Town shall be entitled to all costs
incurred in connection with such action, including reasonable attorney fees.
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ARTICLE 10 — MISCELLANEOUS
A. Integration. This Lease constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
B Severability. If any provision of this Lease is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall
not be affected thereby, and each provision of this Lease shall be valid and be enforceable
to the fullest extent permitted by law.
C. Governing Law and Venue. This Lease shall be governed and construed
in accordance with the laws of the State of Colorado, and any legal action arising out of
this Lease shall be brought in Eagle County, Colorado.
D. Notice. Any notice under this Lease shall be in writing, and shall be deemed
sufficient when directly presented or sent pre -paid, first class United States Mail to the
Party at the address set forth on the first page of this Lease.
E. Successors. This Lease shall inure to the benefit of and be binding upon
the Town and Lessee and their respective heirs, successors, representatives,
administrators, executors and devisees; provided that Lessee shall not assign this Lease
or sublet the Premises or any part thereof. Any attempted assignment or subletting shall
be deemed void and of no effect.
F. Assignment and Subletting. Lessee shall not assign this Lease or sublet
any portion of the Premises without the prior written consent of the Town. Any such
assignment or subletting without the Town's consent shall be void.
G. Inspection of Records. The Town shall have the right, upon reasonable
notice to inspect the records of Lessee, including financial records, if said inspection is
reasonably related to this Lease or to a business or municipal purpose of the Town.
H. No Waiver. A failure of a Party to enforce any term of this Lease shall not
be deemed to be a waiver of any other term of this Lease.
Subordination. This Lease is and shall be subordinated to all existing and
future liens and encumbrances against the Premises.
J. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this Lease,
and the Town shall never be liable or responsible for any debt or obligation of any
participant in this Lease.
K. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town may have under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended.
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L. No Third -Party Beneficiaries. There are no intended third -party
beneficiaries to this Lease.
M. Broker's Commission. The Town will be responsible for paying a real estate
broker's commission to Slifer, Smith & Frampton Real Estate in the amount of 2% of the
total rent for the initial 5 -year term. No commission shall be payable on any renewal
terms.
IN WITNESS WHEREOF, the Parties have executed this Lease on the Effective
Date.
ATTEST:
Patty McKenny, Town Clerk
STATE OF COLORADO
COUNTY OF
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
MOUNTAIN GROCERY, LLC
) ss.
Subscribed and sworn to before me this day of
2018, by as of Mountain Grocery, LLC.
My Commission expires:
Notary Public
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May 15, 2018 - Page 38 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 19, Series of 2018, A Resolution Appointing the Pete Seibert
Monument Fund Raising Committee; and Setting Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 19, Series of 2018
May 15, 2018 - Page 39 of 131
TOWN OF VAIIL'
Memorandum
To: Mayor and Town Council
From: Greg Clifton, Town Manager
Date: May 15, 2018
Subject: Resolution No. 19, Series of 2018, A Resolution appointing the Pete Seibert Monument
Fundraising Committee
I. SUMMARY
Several community members have suggested forming a group, the Pete Seibert Monument
Fundraising Committee, who will be officially recognized as a town committee. This committee
will support the fundraising effort for costs associated with the creation of the monument. The
town committee would then fall under the town's umbrella for purposes of liability protection,
insurance coverage, and financial accounting. The committee will be comprised of Bill Rey,
George Lamb, Mery Lapin, and Jim Flaum.
Funds collected in the 2018 fiscal year, in addition to the town's contribution of $150,000, will be
rolled over into 2019 budget. The Town's Finance Department will receipt and account for all
donations and send out donation letters to each donor. Those who would like to make
donations should make checks payable to the Town of Vail, with some reference to the
monument on the check.
II. BACKGROUND
The Seibert Memorial Project was first proposed to the Art in Public Places Board as a gift to the
town, using private donations to fund the artwork. AIPP accepted the proposed donation of the
memorial to the town's art collection and agreed to the ongoing maintenance, conservation and
insurance of the sculpture. After an unsuccessful effort to raise enough funds, the group
proposed that sculpture be funded by the town. This proposal was included in the 2018 Budget
cycle as a Council Contribution with a request to fund the entire project for $330,000; the town
has agreed to fund the project with $150K in the 2018 budget. There continues to be strong
support for the monument and a new group has agreed to take on the fundraising efforts as
indicated by this request.
III. ACTION REQUESTED
The Town Council is asked to support organizing this committee by approving Resolution
No. 19. Recent discussions about this project at council meetings have shown a great deal of
town and Vail valley -wide public support for the installation of the monument honoring Vail's
heritage and founding father Pete Seibert.
May 15, 2018 - Page 40 of 131
RESOLUTION NO. 19
SERIES OF 2018
A RESOLUTION APPOINTING THE PETE SEIBERT MONUMENT FUND RAISING
COMMITTEE; 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;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Council wishes to install a monument to honor Pete Seibert in the
Town (the "Monument");
WHEREAS, the approximate cost of the Monument is $300,000; and
WHEREAS, the Council has budgeted $150,000 for the Monument and wishes to
appoint a Town committee to raise the remaining funds necessary to purchase the
Monument.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Council hereby appoints the Pete Seibert Monument Fund Raising
Committee to be comprised of Bill Rey, George Lamb, Mery Lapin and Jim Flaum (the
"Committee").
Section 2. Funds collected by the Committee in the 2018 fiscal year, in addition to town
contribution of $150,000, will be rolled over into 2019 budget.
Section 3. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 15th day of May, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 19, Series of 2018
May 15, 2018 - Page 41 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Street Names Signs Replacement Project Contract Award
ATTACHMENTS:
Description
memo
TOWN OF 1 X41
May 15, 2018 - Page 42 of 131
TOWN OFD
Memorandum
To: Town Council
From: Public Works
Date: 05/15/2018
Subject: Street Name Sign Replacement Project
I. ITEM/TOPIC
Street Name Sign Replacement Project Contract Award
II. ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with Tri Phase Electric
Company to complete the Street Name Sign Replacement Project.
III. BACKGROUND
Staff received 1 bid for the Street Name Sign Replacement Project from Tri Phase
Electric Company and is within budget. The project includes replacement of existing
street lights and street name signs at intersections throughout the Town of Vail. The
project is scheduled to be completed by end of October 2018.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, with Tri Phase Electric Company to complete the Street Name Sign
Replacement Project in the amount not to exceed $523,677.00.
May 15, 2018 - Page 43 of 131
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from April 17, 2018 meeting
ATTACHMENTS:
Description
Minutes from April 17, 2018 meeting
TOWN OF 1 X41
May 15, 2018 - Page 44 of 131
Vail Town Council Meeting Minutes
Tuesday, April 17, 2018
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 Chapin.
Members present:
Dave Chapin, Mayor
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Member absent: Jenn Bruno, Mayor Pro Tem
Staff members present:
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
There were no comments made during citizen participation.
2. Consent Agenda
2.1. Vail 2018 Overlay Contract Award
Moffet moved to authorize the Town Manager to enter into an agreement with Elam
Construction to complete the Vail 2018 Overlay Project in the amount not to exceed
$350,000.00. Foley seconded the motion and it passed (6-0).
Roads included in this year's asphalt overlay project include Vail Road, Vail Valley Dr in the
Gold Peak vicinity, Cabin Cir, Eagles Nest Cir, Fairway Dr, Fairway Ct, Homestake Cir,
Hornsilver Cir, Ptarmigan Rd and Springhill Ln. The project is scheduled to be completed by
July 20, 2018.
3. Town Manager Report
Community Picnic Dates were agreed upon and noted as follows:
* July 18, 2018 at Bighorn Park
* August 7, 2018 at Donovan Pavilion
4. Presentations / Discussion
4.1. Town of Vail Global Friendship Exchange Program, Follow up Report on
Yamanouchi-machi and Nagano Japan Exploration Visit
Presenter(s): Patty McKenny, Town Clerk, Mia Vlaar, Economic
Town Council Meeting Minutes of April 17, 2018 Page 1
May 15, 2018 - Page 45 of 131
Development, Souichi Nakamura, Interpacific Network Corporation
Action Requested of Council: No formal action requested. Presentation and discussion about
next steps.
Background: This past January a Vail delegation traveled on an exploration visit to Yamanouchi-
machi and Nagano, Japan. The Mayor of Yamanouchi-machi and the Governor of Japan invited
officials to visit the resort region and consider entering into friendship exchange agreements
whereby Vail and Yamanouchi-machi would strengthen relationships as resort communities
through exchanges focused on topics of tourism, environmental sustainability, transportation,
and business development.
Mayor Chapin and Mia Vlaar, Economic Development Director, led the presentation and follow-
up report about the exploration visit to Yamanouchi-machi, Nagano, Japan and execution of the
exchange programming agreement. Vlaar suggested next steps in the friendship relationship
with Yamanouchi might include student and employee exchanges as well as additional
exploration of natural heritage culture and best business practices. It was also noted that
additional programming for the Global Friendship Exchange Program would be proposed during
the 2019 budget cycle; the programming would include the town's relationships in Japan,
Mexico and Switzerland. Mayor Chapin is thanking Souichi Nakamura of Interpacific Network
Corporation for his help in coordinating the trip.
4.2. Town of Vail Annual Resale Lottery Criteria Process — Recommendation to Vail
Town Council
Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Vail Local Housing
Authority Chairman
Action Requested of Council: Listen to the VLHA recommendation and provide direction on next
steps recommended by the VLHA and Housing Department staff
Background: The Town of Vail Housing Department conducts an annual resale lottery selection
process to determine eligibility to bid and purchase for -sale deed -restricted employee housing
units which may become available for purchase in the coming calendar year. This lottery
selection process occurs the first week of June, annually. The procedures for the Town's annual
resale lottery process are outlined in the Town of Vail Employee Housing Guidelines, adopted
October 10, 1999. By and large, and specifically as it relates to the lottery process, the
Guidelines have remained unchanged since their original adoption nearly twenty years ago.
This presentation outlines the recommendation of the VLHA and Housing Department staff.
George Ruther presented a number of the recommendations made by the VLHA addressing the
lottery selection, as described in the memo and noted below. Feedback was heard from town
council and noted below:
Town Council Meeting Minutes of April 17, 2018 Page 2
May 15, 2018 - Page 46 of 131
VLHA RECOMMENDATION
1. Clearly define and adopt goals and objectives for
the Town's lottery criteria and process
2. Allow current residential property owners, including
vacant residential land, to participate in the lottery
with the understanding that they must either 1) deed
restrict their current residential property for employee
housing or, 2) dissolve their interest in the real estate
prior to closing on the new deed -restricted property.
3. Phase out the weighted preference and tiered
systems and replace them with a true lottery process
with preference, effective June 2018. The existing
weighted and tiered system is inconsistent with the
Town's goal of maintaining and sustaining
community. A point system of preference that
increases the probability that one category of persons
(ie, long time local, Vail business employee, critical
worker/occupation, etc.) is selected over another, yet
still maintains an opportunity for all participating to be
selected (ie, multiple tickets in the drawing)
4. Replace the annual lottery process with an
individual and separate process for each home when
it becomes available for purchase. This improves
efficiency and effectiveness as lottery participants are
only participating in lotteries for home types they wish
to purchase
5. Eliminate the minimum household size
requirements and thereby acknowledge the changes
in lifestyle or family size that occur over time.
6. Simplify and streamline the application submittal
process and minimize, to the extent possible, the
materials required for participation to increase
participate numbers and be more cost effective and
efficient.
7. Instruct the Housing Department staff to prepare
an administrative process for demonstrating eligibility
and compliance with the terms of the deed -restriction
and the employee housing guidelines. Currently,
there is no prescribed process for administrative
determination.
COUNCIL FEEDBACK
Council supported; further review would be
made June 5 during a joint meeting with VLHA
members.
It was agreed further discussion would be
needed about this recommendation. Some
were not comfortable with giving public funds
to one person who would own multiple
properties.
It was requested that further review of a
revised weighting system be made by VLHA.
This item was supported by council.
This item was supported by council.
This was supported by council.
This was supported by council.
Town Council Meeting Minutes of April 17, 2018
Page 3
May 15, 2018 - Page 47 of 131
VLHA member James Wilkins spoke about the recommendations to the lottery system and
noted the basis for the changes. Chapin invited public comment at this time. Mark Nelson
spoke about his desire to live in Vail without an ability to do so; he requested some changes be
made to the criteria and process. Staff noted that the Vail Local Housing Authority and the
Housing Department staff would continue their work with the lottery process and criteria and
return in the near future with some updates.
5. Action Items
5.1. Ordinance No. 9 Series of 2018, An Ordinance Amending Chapter 2 of Title 7 of the
Vail Town Code by the Addition of a New Section 7-2B-4 Regarding Misuse of a Wireless
Telephone While Driving
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9,
Series of 2018 upon first reading.
Background: On June 1, 2017 the Colorado General Assembly passes Senate Bill 17-027
regarding the misuse of wireless telephone while driving. The Town wishes to adopt certain
provisions of Senate Bill 17-027.
After a brief discussion, Moffet moved to approve Ordinance No. 9 Series of 2018, An
Ordinance Amending Chapter 2 of Title 7 of the Vail Town Code by the Addition of a New
Section 7-2B-4 Regarding Misuse of a Wireless Telephone While Driving. Foley seconded the
motion and it passed (6-0).
6. Public Hearings
6.1. Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title
12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning
Wireless Service Facilities
Presenter(s): Justin Lightfield, Planner
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8,
Series of 2018 upon second reading.
Background: The purpose of the Wireless Service Facilities Ordinance is to align the Vail Town
Code with state and federal requirements. These regulations will continue to allow the location
of wireless service facilities in the Town while protecting the public health, safety, and general
welfare of the community. These regulations will also require the Town to continue to act on
applications for the location of wireless service facilities within a reasonable time, will continue
to encourage co -location of wireless service facilities, and will continue to prevent unreasonable
discrimination among providers of functionally equivalent services. The Town of Vail Community
Development Department worked with Town Attorney to develop a comprehensive ordinance in
conjunction with the most recent state and federal regulations.
The Town Attorney noted the town would be further reviewing the topic with the vendor
stakeholders and he requested the ordinance be tabled until May 15. Moffet moved to table
Town Council Meeting Minutes of April 17, 2018 Page 4
May 15, 2018 - Page 48 of 131
Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending Title 12 of the Vail
Town Code by the Addition of a New Chapter 27 of Title 12, Concerning Wireless Service
Facilities. Foley seconded the motion and it passed (6-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (6-0) and the meeting adjourned
at 7:50 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of April 17, 2018 Page 5
May 15, 2018 - Page 49 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Pepi's Restaurant / Gasthof Gramshammer Appeal
PRESENTER(S): Chris Neubecker, Community Development Director
ACTION REQUESTED OF COUNCIL: The Town Council is asked to hold a public hearing on
the appeal. The Vail Town Council shall uphold, uphold with modifications, or overturn the Design
Review Board's decision of April 18, 2018.
BACKGROUND: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for
replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also
replaces the existing awnings on the south porch in a matching design or color, located at 231
Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards
thereto. (TC 18-0001) An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the
final decision of the Town of Vail Design Review Board on April 18, 2018 approving a request for
replacement of the patio tent at Pepi's Restaurant upon the condition that the Applicant also
replaces the existing awnings on the south porch in a matching design or color, located at 231
Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in regards
thereto. (TC 18-0001). The applicant has requested a Design Review Board permit for
replacement of the yellow and white striped tent at Pepi's Restaurant. On April 18, 2018 the
Design Review Board approved the request upon the condition that the Applicant also replace the
awnings on the patio with the same design and color.
STAFF RECOMMENDATION: The Community Development Department recommends that
the Town Council uphold the decision of the Vail Design Review Board.
ATTACHMENTS:
Description
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Staff Memo
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment A - Appeals Form
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment B - Proof of Public Notice
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment C - Letter to Town Council
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment D - Vicinity Map
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment E - Photos of Site
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment F - Rendering of Striped Awning
TC18-0001 Gasthof Gramshammer / Pepi's Restaurant - Attachment G - Previous DRB Decisions
May 15, 2018 - Page 50 of 131
TOWN OF VAIL.
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: May 15, 2018
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review Board on April 18, 2018 approving a
request for replacement of the patio tent at Pepi's Restaurant upon the condition
that the Applicant also replaces the existing awnings on the south porch in a
matching design or color, located at 231 Gore Creek Drive / Lot A, Block 5B, Vail
Village Filing 1, and setting forth details in regards thereto. (TC18-0001)
Appellant: Gasthof Gramshammer, Inc. / Pepi's Restaurant
Planner: Chris Neubecker
I. SUBJECT PROPERTY
The subject property is Gasthof Gramshammer / Pepi's Restaurant, located at 231 Gore
Creek Drive / Lot A, Block 5B, Vail Village Filing 1.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission
Decisions, Design Review Board Decisions And Art In Public Places Board Decisions:
Authority, and Section 14-1-6, Appeals, Vail Town Code, the Town Council shall have
the authority to hear and decide appeals from any decision, determination or
interpretation by the Design Review Board with respect to the provisions of Title 12,
Zoning Regulations, and Title 14, Development Standards, Vail Town Code.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Section 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and Environmental
Commission Decisions, Design Review Board Decisions And Art In Public Places Board
Decisions: Initiation and Procedures, Vail Town Code, there are three basic procedural
criteria for an appeal:
May 15, 2018 - Page 51 of 131
A. Standing of the Appellants
Pursuant to Section 12-3-2, Appeals, Vail Town Code, the appellant, Gasthof
Gramshammer, Inc. / Pepi's Restaurant, has standing as an aggrieved or
adversely affected party to appeal the Design Review Board's decision of April
18, 2018 decision (DRB18-0127). The appellant was the applicant for the Design
Review Board permit, and owner of the property, that is the subject of the appeal.
B. Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council May 15, 2018, Public
Hearing was sent to the local newspaper on April 25, 2018 and published on
April 27, 2018, pursuant to Section 12-3-3C-3, Procedures, Vail Town Code.
(Attachment B)
C. Timeliness of the Notice of Appeal
Section 12-3-3C-3, Procedures, Vail Town Code, requires a written notice of
appeals to be filed with the administrator within twenty (20) calendar days of the
Design Review Board decision. On April 19, 20187, the appellant, Gasthof
Gramshammer / Pepi's Restaurant, filed an appeal of the Design Review Board's
April 18, 2018 decision. (Attachment A)
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Were the requirements of the Vail Town Code, specifically Title 14, Chapter 10,
Design Review Standards and Guidelines, properly applied in the decision to
approve a request for replacement of the patio tent at Gasthof Gramshammer/
Pepi's Restaurant upon the condition that the Applicant also replace the existing
awnings on the south porch in a matching design or color, located at 231 Gore
Creek Drive / Lot A, Block 5B, Vail Village Filing 1?
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Design Review Board's decision of
April 18, 2018.
V. BACKGROUND
In the summer of 2015, the appellant installed retractable awnings on the south patio at
Pepi's Restaurant. No Design Review Board approval was obtained prior to installation
Town of Vail Page 2
May 15, 2018 - Page 52 of 131
of the awnings. At the time, the appellant was also using individual table umbrellas to
provide shade to patio customers.
• On September 3, 2015, the appellant obtained a Design Review Board approval
for the installation of two retractable awnings for the patio, as well as four
retractable weather screens on the south side of the tent to replace free -hanging
entry curtains (DRB150271). This application was effectively to legalize the
awnings already in place. Approval from the DRB was conditional upon the
following:
1. The applicant shall be permitted to extend and utilize the installed awnings
until October 31, 2015.
2. Prior to any use or extension of the awnings any time after October 31, 2015,
the applicant shall return to the DRB for review and approval of the installed
awnings.
3. Use or extension of the installed awnings after October 31, 2015 without
additional review and approval by the DRB shall be prohibited.
• On May 4, 2016, the appellant obtained approval from the Design Review Board
for an addition (DRB16-0107) with the condition that the awning approved under
permit DRB150271 is removed before issuance of a building permit for the
addition.
• On July 6, 2016, the Design Review Board approved the appellant's application
to install two retractable awning units, and to install four retractable weather
screens, to replace the existing entry curtains (DRB16-0236). This permit made
permanent the decision of September 3, 2015, which was for a limited duration.
The DRB was concerned with the incompatible colors of the tent and the awning,
but the July 6, 2016 application was approved with the following conditions:
1. When the existing yellow and white striped canvas awning at the west side of
the property is replaced, the applicant shall replace the awning with a color
that matches or is complimentary to the retractable awnings at the southeast
side of the patio. Should the applicant propose to replace the existing yellow
and white striped canvas awning at the west side of the property with the
same color and material as approved for the southeast side retractable
awnings, staff may approve the request. Should the applicant propose a
different, but complementary, color replacement awning, Design Review
Board approval shall be required.
2. At the time of the replacement of the existing yellow and white striped canvas
awning at the west side of the property, the existing solid railings on the west
side of the patio shall be replaced to match the color, materials, and style of
the existing open style railings at the east end of the patio.
Town of Vail Page 3
May 15, 2018 - Page 53 of 131
• On November 1, 2017, the Applicant obtained approval from the Design Review
Board for replacing the worn out tent on the patio "same for same". The approval
was conditioned upon the Applicant also replacing the awnings on the south side
of the building in a color and material to match the patio tent (yellow and white
stripes) at the same time that the tent is replaced. (DRB17-0462)
• In April 2018, the tent at Pepi's Restaurant was torn during a wind event. On April
18, 2018, the appellant obtained approval from the Design Review Board for an
application to replace the yellow and white striped tent upon the condition that
the applicant also replace (at the same time as the tent) the patio awnings on the
south side of the building with the same yellow and white stripes, or a solid
yellow. The Design Review Board indicated that the different colors of the tent
and awnings were not compatible with each other, and that the tent and awnings
needed to be the same colors.
• On April 19, 2018 the appellant submitted a formal letter of appeal concerning
the DRB decision of April 18, 2018. (DRB18-0127)
In the appeal letter (Attachment A), Gasthof Gramshammer / Pepi's Restaurant argues
that the requirement of the Design Review Board to change the color of the awnings to
match the yellow and white striped tent would be unattractive and would not do justice
to the Gasthof Gramshammer Lodge. In the appeal letter, the appellant argues that the
existing brownish -orange awnings are compatible with the color of the wood balcony
above the awning.
VI. APPLICABLE DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 7, Article B. Commercial Core 1 (CCI) District (in part)
12-7B-1: PURPOSE:
The commercial core 1 district is intended to provide sites and to maintain the
unique character of the Vail Village commercial area, with its mixture of lodges
and commercial establishments in a predominantly pedestrian environment. The
commercial core 1 district is intended to ensure adequate light, air, open space,
and other amenities appropriate to the permitted types of buildings and uses. The
zoning regulations in accordance with the Vail Village urban design guide plan
and design considerations prescribe site development standards that are
intended to ensure the maintenance and preservation of the tightly clustered
arrangements of buildings fronting on pedestrianways and public greenways, and
Town of Vail Page 4
May 15, 2018 - Page 54 of 131
to ensure continuation of the building scale and architectural qualities that
distinguish the village.
12-7B-20: VAIL VILLAGE URBAN DESIGN GUIDE PLAN:
A. Adoption: The Vail Village urban design guide plan and design considerations
are adopted for the purposes of maintaining and preserving the character and
vitality of the Vail Village (CCI) and to guide the future alteration, change and
improvement in the CC1 district. Copies of the Vail Village design guide plan and
design considerations shall be on file in the department of community
development.
B. Revisions: Revisions to the Vail Village urban design guide plan and design
considerations shall be reviewed by the planning and environmental commission
with official action to be taken by the town council by resolution on a semiannual
basis to ensure that the plan reflects the purposes and intent for which it has
been adopted. The review and action shall take place within thirty (30) days
following the public hearing on the applications.
12-11-1: PURPOSE:
A. Attractive Attributes Recognized: Vail is a town with a unique natural setting,
internationally known for its natural beauty, alpine environment, and the
compatibility of manmade structures with the environment. These characteristics
have caused a significant number of visitors to come to Vail with many visitors
eventually becoming permanent residents participating in community life.
B. Area Character Protection: These factors constitute an important economic
base for the town, both for those who earn their living here and for those who
view the town as a precious physical possession. The town council finds that new
development and redevelopment can have a substantial impact on the character
of an area in which it is located. Some harmful effects of one land use upon
another can be prevented through zoning, subdivision controls, and building
codes. Other aspects of development are more subtle and less amenable to
exact rules put into operation without regard to specific development proposals.
Among these are the general form of the land before and after development, the
spatial relationships of structures and open spaces to land uses within the vicinity
and the town, and the appearance of buildings and open spaces as they
contribute to the area as it is being developed and redeveloped. In order to
provide for the timely exercise of judgment in the public interest in the evaluation
of the design of new development and redevelopment, the town council has
created a design review board (DRB) and design criteria.
C. Design Review: Therefore, in order to preserve the natural beauty of the town
and its setting, to protect the welfare of the community, to maintain the values
created in the community, to protect and enhance land and property, for the
Town of Vail Page 5
May 15, 2018 - Page 55 of 131
promotion of health, safety, and general welfare in the community, and to attain
the objectives set out in this section; the improvement or alteration of open
space, exterior design of all new development, and all modifications to existing
development shall be subject to design review as specified in this chapter.
D. Guidelines: It is the intent of these guidelines to leave as much design
freedom as possible to the individual designer while at the same time maintaining
the remarkable natural beauty of the area by creating structures which are
designed to complement both their individual sites and surroundings. The
objectives of design review shall be as follows:
1. Recognize the interdependence of the public welfare and aesthetics, and
to provide a method by which this interdependence may continue to
benefit its citizens and visitors.
2. Allow for the development of public and private property which is in
harmony with the desired character of the town as defined by the
guidelines herein provided.
3. Prevent the unnecessary destruction or blighting of the natural landscape.
4. Ensure that the architectural design, location, configuration materials,
colors, and overall treatment of built up and open spaces have been
designed so that they relate harmoniously to the natural landforms and
native vegetation, the town's overall appearance, with surrounding
development and with officially approved plans or guidelines, if any, for the
areas in which the structures are proposed to be located.
5. Protect neighboring property owners and users by making sure that
reasonable provision has been made for such matters as pedestrian and
vehicular traffic, surface water drainage, sound and sight buffers, the
preservation of light and air, and those aspects of design not adequately
covered by other regulations which may have substantial effects on
neighboring land uses. (Ord. 29(2005) § 30: Ord. 39(1983) § 1)
12-11-3: DESIGN APPROVAL:
A. Scope: No person shall commence removal of vegetation, site preparation,
building construction or demolition, dumping of material upon a site, sign
erection, exterior alteration or enlargement of an existing structure, paving,
fencing or other improvements of open space within the corporate limits of the
town unless design approval has been granted as prescribed in this chapter. The
addition of plant materials to existing landscaping, gardening and landscape
maintenance shall be exempt from this provision.
Town of Vail Page 6
May 15, 2018 - Page 56 of 131
8. Violation: It shall be a violation of this chapter and the building permit for any
person to commence, continue or complete work that has not received design
approval as prescribed in this chapter and/or is not in conformity with the plans
approved and authorized by the administrator and/or the design review board
and the building official.
Title 14 — Design Review Standards and Guidelines, Vail Town Code
14-10-1: PURPOSE:
This chapter provides the design review standards and guidelines for development in
the town of Vail. Actions of the staff and the design review board shall be guided by the
objectives prescribed herein, the Vail Village urban design considerations and guide
plan and the Lionshead redevelopment master plan, and by all of the applicable
ordinances of the town and by the design guidelines in this chapter.
14-10-2: GENERAL COMPATIBILITY
A. Structures shall be compatible with existing structures, their surroundings, and
with Vail's environment. It is not to be inferred that buildings must look alike to be
compatible. Compatibility can be achieved through the proper consideration of
scale, proportions, site planning, landscaping, materials and colors, and
compliance with the guidelines herein contained.
B. Any building site in Vail is likely to have its own unique landforms and
features. Whenever possible, these existing features should be preserved and
reinforced by new construction. The objective is to fit the buildings to their sites in
a way that leaves the natural landforms and features intact, treating the buildings
as an integral part of the site, rather than as isolated objects at odds with their
surroundings.
14-10-5: BUILDING MATERIALS AND DESIGN
C. Same Or Similar Materials: The same or similar building materials and colors
shall be used on main structures and any accessory structures upon the site.
Translucent components of greenhouses shall be exempt from this requirement.
D. Colors: Exterior wall colors should be compatible with the site and surrounding
buildings. Natural colors (earth tones found within the Vail area) should be
utilized. Primary colors or other bright colors should be used only as accents and
then sparingly such as upon trim or railings. All exterior wall materials must be
continued down to finished grade thereby eliminating unfinished foundation walls.
All exposed metal flashing, trim, flues, and rooftop mechanical equipment shall
be anodized, painted or capable of weathering so as to be nonreflective.
Town of Vail Page 7
May 15, 2018 - Page 57 of 131
Vail Village Master Plan
Chapter V. Goals, Objectives, Policies and Action Steps (in part)
Objective 1.1: Implement a consistent development review process to reinforce the
character of the Village.
Policy 1.1.1: Development and improvement projects approved in the Village
shall be consistent with the goals, objectives, policies and design considerations
as outlined in the Vail Village Master Plan and Urban Design Guide Plan.
Objective 1.4: Recognize the "historic" importance of the architecture, structures,
landmarks, plazas and features in preserving the character of Vail Village.
Policy 1.4.1: The historical importance of structures, landmarks, plazas and
other similar features shall be taken into consideration in the development review
process.
Policy 1.4.2: The Town may grant flexibility in the interpretation and
implementation of its regulations and design guidelines to help protect and
maintain the existing character of Vail Village.
GOAL #2 TO FOSTER A STRONG TOURIST INDUSTRY AND PROMOTE YEAR -
AROUND ECONOMIC HEALTH AND VIABILITY FOR THE VILLAGE AND
FOR THE COMMUNITY AS A WHOLE.
Objective 2.2: Recognize the importance of Vail Village as a mixed use center of
activities for our guests, visitors and residents.
Policy 2.2.1: The design criteria in the Vail Village Urban Design Guide Plan
shall be the primary guiding document to preserve the existing architectural scale
and character of the core area of Vail Village.
Objective 2.5: Encourage the continued upgrading, renovation and maintenance of
existing lodging and commercial facilities to better serve the needs of our guests.
Policy 2.5.1: Recreation amenities, common areas, meeting facilities and other
amenities shall be preserved and enhanced as a part of any redevelopment of
lodging properties.
Policy 2.5.2: The town will use the maximum flexibility possible in the
interpretation of building and fire codes in order to facilitate budding renovations
without compromising life, health and safety considerations.
Town of Vail Page 8
May 15, 2018 - Page 58 of 131
GOAL #3 TO RECOGNIZE AS A TOP PRIOTITY THE ENHANCEMENT OF THE
WALKING EXPERIENCE THROUGHOUT THE VILLAGE
Objective 3.3: Encourage a wide variety of activities, events, and street life along
pedestrian ways and plazas.
Policy 3.3.1: The Town encourages a regulated program of outdoor street
activity in predetermined locations throughout the Village.
Policy 3.3.2: Outdoor dining is an important streetscape feature and shall be
encouraged in commercial infill or redevelopment projects.
Vail Village Urban Design Guide Plan — Design Considerations
Architecture/Landscape Considerations
Detail, details, style and overall appropriateness of a design for a given site. These
considerations are reviewed primarily by the Design Review Board (DRB).
FACADES — Color
The intent of these regulations regarding color shall be to provide greater latitude
in the use of color in Vail Village in order to create visual interest and to enliven
the area. Colors used should retain a discernible consistency within a general
range of colors relating well to the colors found in the surrounding mountain
backdrop of Vail, but need not be specifically found in that environment.
All colors used shall relate to the colors of the natural materials found on the
buildings like wood tones, slate roof colors, stone colors and the like.
Additionally all building colors shall work with the colors of the buildings in
proximity as well as with all natural landscape materials found nearby.
While there is no restriction per se on specific hues, primary colors of high
chroma shall not be used on building surfaces but can be used in a limited
fashion for accents. Body colors, both siding and stucco, shall be rich and lively
but must be less chromatic shades, which relate to natural colors and can be
either light or dark. All stucco shall have a flat finish.
Generally, to avoid both "busyness", and weak visual interest, the variety of
major wall colors (and materials — excluding glass) should not exceed four nor be
less than two.
A color/material change between the ground floor and the upper floors is a
common and effective reinforcement of the pedestrian scale of the street.
Town of Vail Page 9
May 15, 2018 - Page 59 of 131
High chroma colors can be used for signage, accents, doors, canopies, wall
graphics and other similar elements as long as they do not dominate either the
building they are used on, the adjacent buildings, or the streetscape (see E.
Accent Elements).
The color schemes for all properties shall be considered on a case-by-case
basis.
DECKS AND PATIOS
Dining decks and patios, when properly designed and sited, bring people to the
streets, opportunities to look and be looked at, and generally contribute to the
liveliness of a busy street, making a richer pedestrian experience than if those
streets were empty.
A review of successful decks/patios in Vail reveals several common
characteristics:
- direct sunlight from 11:00 - 3:00 increases use by many days/year and protects
from wind
- elevated feet to give views into the pedestrian walk (and not the reverse)
- physical separation from pedestrian walk of to (planter better than a wall)
overhang gives pedestrian scale/ shelter.
Decks and patios should be sited and designed with due consideration to:
- sun - views
- wind - pedestrian activity
ACCENT ELEMENTS
The life and festive quality of the Village is given by judicious use of accent
elements which give color, movement and contrast to the Village.
Colorful accent elements consistent with existing character are encouraged, such
as:
Awnings and canopies - canvas, bright color or stripes of two colors.
Flags, banners - hanging from buildings, poles, and even across streets for
special occasions.
Umbrellas - over tables on outdoor patios.
Annual color flowers - in beds or in planters.
Town of Vail Page 10
May 15, 2018 - Page 60 of 131
Accent lighting - buildings, plazas, windows, trees (even Christmas lights all
winter).
Painted wall graphics - coats of arms, symbols, accent compositions, etc.
Fountains - sculptural, with both winter and summer character.
VII. DISCUSSION ITEMS
1. The appellant implies in the appeal letter that the decision of the Design
Review Board is inconsistent with the Vail Village Urban Design Guide Plan —
Design Considerations, that the suggested design would not be attractive, and
that in fact, the awning colors requested by the appellant are compatible with
the colors and design of the existing building.
Per their appeal application, the appellant argues that Gasthof Gramshammer / Pepi's
Restaurant is being asked to change the design of the awnings to another color that
would not be attractive. The appellant argues that the yellow and white striped awnings,
or solid yellow awnings, are not compatible with the design of the Gasthof
Gramshammer and that the existing colors (yellow and white tent and brownish -orange
awnings) are compatible.
As shown in some of the Town's master planning documents above, awnings and the
use of color are specifically mentioned in the Vail Village Urban Design Guide Plan —
Design Considerations. These guidelines suggest "colorful accent elements consistent
with existing character are encouraged, such as: Awnings and canopies - canvas, bright
color or stripes of two colors". These master plans are intended to guide growth and
change in ways that will enhance and preserve the essential qualities of Vail Village.
These Design Considerations recognize that there is a distinctive design character to
the Village and that this character is important to preserve. As in all cases of design,
judgement is necessary to determine compatibility with existing materials, colors and
building designs.
VIII. REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Design Review Board's April 18, 2018
decision.
Should the Vail Town Council choose to uphold the determination of the Town of Vail
Design Review Board, the following statement is recommended:
"The Vail Town Council upholds the April 18, 2018 Design Review Board
decision to approve a request for replacement of the patio tent at Pepi's
Restaurant upon the condition that the Applicant also replaces the existing
awnings on the south porch in a matching design or color, Gasthof
Gramshammer/ Pepi's Restaurant located at 231 Gore Creek Drive / Lot A,
Block 58, Vail Village Filing 1."
Town of Vail Page 11
May 15, 2018 - Page 61 of 131
With the following findings:
"The Vail Town Code was properly applied in regard to the April 18, 2018 Design
Review Board decision to approve a request for replacement of the patio tent at
Pepi's Restaurant upon the condition that the Applicant also replaces the existing
awnings on the south porch in a matching design or color, DRB18-0127 at
Gasthof Gramshammer/ Pepi's Restaurant located at 231 Gore Creek Drive /
Lot A, Block 58, Vail Village Filing 1."
Should the Vail Town Council choose to overturn the determination of the Town of Vail
Design Review Board, the following statement is recommended:
"The Vail Town Council finds as follows:
The Vail Town Code was not properly applied in regard to the April 18, 2018
Design Review Board conditional approval DRB18-0127. Furthermore, the Vail
Town Council finds that the use of a yellow and white striped tent on the tent and
the brownish -orange awnings on the patio are compatible with the existing
design of the building, and are compatible with the Vail Village Urban Design
Guide Plan — Design Considerations, and Title 12, Zoning Regulations, of the
Vail Town Code, located at 231 Gore Creek Drive / Lot A, Block 58, Vail Village
Filing 1.
The Town Council hereby overturns the decision of the Design Review Board
concerning the application for replacement of the tent and removing a condition
of approval with application DRB18-0127 regarding the requirement of matching
colors on the tent and awnings, located at 231 Gore Creek Drive / Lot A, Block
58, Vail Village Filing 1, and that the Vail Town Council hereby grants the
requested Design Review Board application, as originally submitted by the
applicant to the Town of Vail."
IX. ATTACHMENTS
A. Appeals Form - Gasthof Gramshammer / Pepi's Restaurant dated April 23, 2018.
B. Copy of Public Notice, Proof of Publication
C. Letter to Town Council
D. Vicinity Map
E. Photos of Site
F. Rendering of Striped Awning
G. Previous DRB Decisions
Town of Vail Page 12
May 15, 2018 - Page 62 of 131
TOWN OF VAIL
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
Appeals Form
General Information: This form is required for filing an appeal of a Staff, Design Review Board or Planning and
Environmental Commission action/decision. A complete form and associated requirements must be submitted to
the Community Development Department within twenty (20) calendar days of the disputed action/decision.
Action/Decision being appealed: DR_ F7 ch. i^plb tA\-/1 It S Q
�f R ow et/LA/ 1'
Date of Action/Decision: R ' ( t `� 20/ 8
Board or Staff person rendering action/decision:
S i lam' k ? (Jo. 5
Does this appeal involve a specific parcel of land? X Yes No
If yes, are you an adjacent property owner? Yes %C No
Name (s) of Appellant (s): ll ev-k.
Mailing Address:
2� C-. CU- L ( Ge/6f�
Physical Address in Vail: 2-S ( E Gore �l
Legal Description of Appella f3 Property in V il: Lot: rT Block: 5e Subdivision: Ur^- ( Uri 1 F'i1 hS 1
Appellant (s) Signature (s).L01'� P_CG. Chi '•
(Attach a list of signatures if more s�:ce is required.)
Phone: (5-i) `f7b- S&,2 -h
C"- k Q.-.
SUBMITTAL REQUIREMENTS
1. On a separate sheet or separate sheets of paper, provide a detailed explanation of how you are an
"aggrieved or adversely affected person".
2. On a separate sheet or separate sheets of paper, specify the precise nature of the appeal. Please site
specific code sections having relevance to the action being appealed.
3. Provide a list of names and addresses (both mailing and physical addresses in Vail) of all owners of prop-
erty who are the subject of the appeal and all adjacent property owners (including owners whose proper-
ties are separated from the subject property by a right-of-way, stream or other intervening barrier).
4. Provide stamped, addressed envelopes for each property owner listed in (3).
Submit this form and all submittal requirements to:
Town of Vail
Community Development Department
75 South Frontage Road
Vail, CO 81657
For Office Use Only:
Date Received: Activity No.:
Planner: Project No:
May 15, 2018 - Page 63 of 131
Nov 2013
Ad #: 0000231947-01
Customer: TOWN OF VAIL/PLAN DEPT/COMM DEVLM
Your account number is: 1023233
PROOF OF PUBLICATION
VAIL DAILY
STATE OF COLORADO
COUNTY OF EAGLE
I, Mark Wurzer, do solemnly swear that I am Publisher of
the VAIL DAILY, that the same daily newspaper printed, in
whole or in part and published in the County of Eagle,
State of Colorado, and has a general circulation therein;
that said newspaper has been published continuously and
uninterruptedly in said County of Eagle for a period of
more than fifty-two consecutive weeks next prior to the
first publication of the annexed legal notice or
advertisement and that said newspaper has published the
requested legal notice and advertisement as requested.
The VAIL DAILY is an accepted legal advertising medium,
only for jurisdictions operating under Colorado's Home
Rule provision.
That the annexed legal notice or advertisement was
published in the regular and entire issue of every number
of said daily newspaper for the period of 1 insertion; and
that the first publication of said notice was in the issue of
said newspaper dated 4/27/2018 and that the last
publication of said notice was dated 4/27/2018 in the issue
of said newspaper.
In witness whereof, I have here unto set my hand this day,
5/4/2018.
444,a -y,
Mark Wurzer, Publisher
Subscribed and sworn to before me, a notary public in and
for the County of Eagle, State of Colorado this day
5/4/2018.
Jerilynn Medina, Notary Public
My Commission Expires: August 3, 2020
.IERY LYNN MED
VATFDF CVF.G am
NOTARY?il Al n' -M598
catnaps ExPmaimoum,a
TOWN OF VAIL
THIS ITEM MAY AFFECT YOUR PROPERTY
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the Town Council
of the Town of Vail will hold a public hearing in as
cordance with Section 12-3-6, Hearings, Vail Town
Code, on May 15, 2018 at 8:00 pm in the Town of
Vail Municipal Building, 75 South Frontage Road,
Vail Colorado, in consideration of:
An appeal, pursuant to Section 12-3-3, Appeals,
Vail Town Code, of the final decision of the Town
of Vail Design Review Board on April 18, 2018 ap-
proving a request for replacement of the patio tent
aI Pepi s Restaurant upon the condition that the Ap-
plicant also replace the existing awnings on the
south porch in a matching design or color, located
at 231 Gore Creek Drive / Lot A, Block 5B, Vail
Village Filing 1, and setting forth details in regards
thereto. (TC18-0001)
Appellant: Gasthof Gramshammer, Inc., repre-
sented by Sheika Gramshammer
Planner: Chris Neubecker
The applications and information about the appeal
are available for public inspection during office
hours at the Town of Vail Community Development
Department, 75 South Frontage Road, Vail,
Colorado. Sign language interpretation is available
upon request, with 24-hour notification. Please call
970-479-2356, Telephone for the Hearing Impaired,
for information.
Published in the Vail Daily April 27, 2018.
0000231947
May 15, 2018 - Page 64 of 131
From: Gasthof Gramshammer
To: Chris Neubecker
Subject: Gasthof Gramshammer
Date: Tuesday, April 24, 2018 8:41:48 AM
April 23, 2018
To the Members of the Town Council,
I apologize that I am taking up your time again with a past issue, knowing how busy you are this time
of the year.
It is regarding the DRB decisions made on Aprill4th.regarding the Canvas Color over the covered
Patio and the existing color of the retractable awning over the Porch.
The last meeting I had with the DRB the Board did give me the approval of the yellow/white strived
canvas for the Patio cover to replace the old and faded one ... with the condition attached that I
change the existing color of the retractable Awning located over Restaurant Entrance which is a
lighter brown canvas, almost of the same color of the balcony above, with the yellow/white striped
canvas of the covered Patio... or with a solid yellow canvas.
At that time, I accepted the change which I promised to do after the winter season.
This winter, during a sunny day we have been ask by guests to be covered by the retractable Awning,
it looked great and was appreciated.
It was then that I consulted a Graphic Designer for advice. He had some photos put it all together for
me to see how the front of Gasthof Gramshammer would look like with the whole Patio of Pepi's
Restaurant in stripes ... or, as recommended by the DRB that the canvas cover on the Porch site
would be a solid yellow cover instead of the existing brown.
I did not care for that look. It is not us!
The result does not do justice to Gasthof Gramshammer's Lodge which has not only been our
Business in Guest service but also our home for 54 years.
Over the years we have invested more time and effort on our outside in making sure that we are
keeping the "Heart of Vail" alive!
The life and festive quality of the Village has been given by judicious use of accent elements which
give color, movement and contrast to the heart of Vail Village.
I would very much appreciate if the Council could take another look at the whole picture and help
me to make the right decision.
Sorry for the inconvenience and time you are spending trying to help solving (hopefully) that "small"
problem.
Sheika Gramshammer
May 15, 2018 - Page 65 of 131
Gasthof Gramshammer / Pepi's - 231 Gore Creek Drive
Vail Village Filing 1, Block 5B, Lot A
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25
50
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100
This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only.
The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
Last Modified: <DATE> TOWN OF VAIL
Mav 15, 2018 - Page 66 of 131
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May 15, 2018 - Page 72 of 131
TOWN OF VAIL'
ACTION FORM
Design Review Board (DRB)
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name:
Application Type:
Project Description:
Pepi's Awning 2016
Exterior Alteration
Application Number: DRB16-0236
Date Applied: 06/22/2016
Install 2 new retractable awning units. Install 4 retractable weather screen,
replace entry curtains.
CONTACTS
Contact Type: Applicant
Full Name: Sign Design (Bryan Park)
Address:
Contact Type: Property Owner
Full Name: GASTHOF GRAMSHAMMER INC
Address: 231 E GORE CREEK DR VAIL, CO 816574512
Project Address: 231 GORE CREEK DR (210108210008)
Job Site Location:
Legal Description: Subdivision: VAIL VILLAGE FILING 1
Parcel Number: 210108210008
Lot: A
Phone: 970-471-6375
Phone: None
Block: 5B
BOARDS/STAFF ACTION
Motion By: Kjesbo
Second By: Forstl
Vote: 5-0
Conditions:
Action: Approved
Date of Approval: 07/06/2016
Approval of this project shall lapse and become void one (1) year following the date of final approval, unless
a building permit is issued and construction is commenced and is diligently pursued toward completion.
Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail
building personnel prior to construction activities.
Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant to
the Vail Town Code, Chapter 12-3-3 Appeals.
No changes to these plans maybe made without the written consent of Town of Vail staff and/or the
appropriate review committee(s).
When the existing yellow and white striped canvas awning at the west side of the property is replaced, the
applicant shall replace the awning with a color that matches or is complimentary to the retractable awnings at
the southeast side of the patio. Should the applicant propose to replace the existing yellow and white striped
canvas awning at the west side of the property with the same color and material as approved for the
southeast side retractable awnings, staff may approve the request. Should the applicant propose a different,
but complementary, color replacement awning, Design Review Board approval shall be required.
At the time of the replacement of the existing yellow and white striped canvas awning at the west side of the
property, the existing solid railings on the west side of the patio shall be replaced to match the color,
materials, and style of the existing open style railings at the east end of the patio.
Planner: Matt Panfil
May 15, 2018 - Page 73 of 131
TOWN OF VAIL'
ACTION FORM
Design Review Board (DRB)
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name: Pepi's Tent 2017
Application Type: Exterior Alteration
Project Description:
CONTACTS
Contact Type:
Full Name:
Address:
Contact Type:
Full Name:
Address:
Project Address:
Job Site Location:
Legal Description: Subdivision: VAIL VILLAGE FILING 1
Parcel Number: 210108210008
Application Number: DRB17-0462
Date Applied: 09/29/2017
Replace worn out tent on patio for new. Same for same replacement.
Applicant
GRAMSHAMMER, SHEIKA
231 E GORE CREEK DR 15 VAIL, CO 816574512
Property Owner
GASTHOF GRAMSHAMMER INC
Phone: None
Phone: None
231 GORE CREEK DR (210108210008) (210108210008)
Lot: A Block: 5B
BOARDS/STAFF ACTION
Motion By: Cahill
Second By: Forstl
Vote: 4-0
Conditions:
Action:
Date:
Approved
11/01/2017
- The retractable awning on the south side of the building shall also be replaced in a color and material to
match the dining patio tent (yellow and white stripes) at the same time that the tent is replaced.
- Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail
building personnel prior to construction activities.
- Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant
to the Vail Town Code, Chapter 12-3-3 Appeals.
- Approval of this project shall lapse and become void one (1) year following the date of final approval, unless
a building permit is issued and construction is commenced and is diligently pursued toward completion.
- No changes to these plans maybe made without the written consent of Town of Vail staff and/or the
appropriate review committee(s).
Planner: Chris Neubecker
May 15, 2018 - Page 74 of 131
TOWN OF VAIL
ACTION FORM
Design Review Board (DRB)
Department of Community Development
75 South Frontage Road West
Vail, CO 81657
Tel: 970-479-2139
www.vailgov.com
Project Name:
Application Type:
Project Description:
CONTACTS
Contact Type:
Full Name:
Address:
Contact Type:
Full Name:
Address:
Project Address:
Job Site Location:
Legal Description:
Parcel Number:
Pepi's Tent 2017
Change to Approved
Application Number: DRB18-0127
Date Applied: 04/16/2018
Remove condition of approval concerning color of awnings
Applicant
GRAMSHAMMER, SHEIKA
231 E GORE CREEK DR 15 VAIL, CO 816574512
Property Owner
GASTHOF GRAMSHAMMER INC
231 E GORE CREEK DR VAIL, CO 816574512
231 GORE CREEK DR (210108210008)
Subdivision: VAIL VILLAGE FILING 1
210108210008
Lot: A
Phone: None
Phone: None
Block: 5B
BOARDS/STAFF ACTION
Motion By: Cahill
Second By: Campbell
Vote: 4-1
Conditions:
Action:
Date:
Approved
04/18/2018
- At the time of replacement of the yellow and white striped tent, the Applicant shall also replace the existing
awnings on the south side of the building to either match the yellow and white striped tent, or in a solid yellow
to match the yellow on the tent.
- Approval of this project shall lapse and become void one (1) year following the date of final approval, unless
a building permit is issued and construction is commenced and is diligently pursued toward completion.
- Design Review Board approval does not constitute a permit for building. Please consult with Town of Vail
building personnel prior to construction activities.
- Design Review Board approval shall not become valid for 20 days following the date of approval, pursuant
to the Vail Town Code, Chapter 12-3-3 Appeals.
- No changes to these plans maybe made without the written consent of Town of Vail staff and/or the
appropriate review committee(s).
Planner: Chris Neubecker
May 15, 2018 - Page 75 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 8, Series of 2018, Second Reading, An Ordinance Amending
Title 12 of the Vail Town Code by the Addition of a New Chapter 27 of Title 12, Concerning
Wireless Service Facilities.
PRESENTER(S): Justin Lightfield, Planner
ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny
Ordinance No. 8, Series of 2018 upon second reading.
BACKGROUND: The purpose of the Wireless Service Facilities Ordinance is to align the Vail
Town Code with state and federal requirements. These regulations will continue to allow the
location of wireless service facilities in the Town while protecting the public health, safety, and
general welfare of the community. These regulations will also require the Town to continue to act on
applications for the location of wireless service facilities within a reasonable time, will continue to
encourage co -location of wireless service facilities, and will continue to prevent unreasonable
discrimination among providers of functionally equivalent services. The Town of Vail Community
Development Department worked with Town Attorney to develop a comprehensive ordinance in
conjunction with the most recent state and federal regulations.
STAFF RECOMMENDATION: Staff recommends tabling this item to the June 19, 2018 Town
Council meeting.
May 15, 2018 - Page 76 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Exploratory Discussion for Survey Concerning Natural Area Preservation
Rezoning (Middle Creek Subdivision)
PRESENTER(S): George Ruther, Housing Director
ACTION REQUESTED OF COUNCIL:
Does the Vail Town Council authorize the expenditure of up to $7,500 to complete a more
indepth analysis of the Tract A, Middle Creek Subdivision property to obtain additional
objective information and data?
BACKGROUND: On April 17, 2018, the Vail Town Council instructed staff to return to a future
Town Council meeting with an estimated cost to obtain more in depth objective information on the
property. Based upon initial probable cost estimates, up to $7,500 will be required to obtain the
next level of information.
STAFF RECOM M ENDATION: If the Vail Town Council wishes to better understand the
feasibility of residential development on the property in question, the town staff recommends the
Town Council authorizes the expenditure as requested to obtain additional objective information
and data.
May 15, 2018 - Page 77 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town of Vail Annual Resale Lottery Criteria Process — VL HA recommendation to
Vail Town Council.
PRESENTER(S): George Ruther, Housing Director and Steve Lindstrom, Chair of the Vail
Local Housing Authority
ACTION REQUESTED OF COUNCIL: Approve, approve with modifications, or deny the
recommendations for amendments, improvements and enhancements to the Town's resale lottery
process.
BACKGROUND: The purposes of this agenda item are four -fold:
1. share the adopted Town of Vail Annual Resale Lottery Criteria Process,
2. summarize the Vail Town Council member's feedback from the public meeting held on April
1 7th,
3. present the recommendation of the Vail Local Housing Authority for amendments,
improvements and enhancements to the criteria and lottery process consistent with the goals
and objectives outlined above, and
4. outline the next steps for implementation of an amended process once adopted by the Vail
Town Council.
STAFF RECOM M ENDATION: The Vail Local Housing Authority recommends the Vail Town
Council instructs the Town's Housing Department to take the steps necessary to implement the
amendments to the Town's resale lottery process as outlined in the staff memorandum.
ATTACHMENTS:
Description
Staff Memorandum
Process Presentation
May 15, 2018 - Page 78 of 131
TOWN ofvain
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
Memorandum
To: Vail Town Council
From: Vail Local Housing Authority
George Ruther, Director of Housing
Date: May 15, 2018
970.479.2100
970.479.2157 fax
Subject: Town of Vail Annual Resale Lottery Criteria Process — VLHA recommendation to
Vail Town Council
Purpose of this Memorandum
The Vail Town Council requested that the Vail Local Housing Authority and the Housing
Department review the existing Town of Vail annual resale lottery criteria process and
recommend options for amendments, improvements and enhancements. The goals and
objectives of the effort are to:
• Improve efficiency (ie. cost) and effectiveness (ie. time) of the lottery process for both
the Town and the applicants.
• Ensure consistency, predictability and fairness in the process.
• Increase alignment between the annual lottery processes with the Town's housing
policies and objectives.
• Reinforce emphasis on creating housing opportunities to maintain and sustain
community; not just workforce.
• Improve the opportunity for participation in the lottery amongst all persons eligible to own
a deed -restricted home in Vail.
• The opportunity to own deed -restricted housing in Vail is at the core of maintaining and
sustaining community.
• Increase participation and opportunity in the lottery selection process.
The purposes of this memorandum are four -fold:
1) share the adopted Town of Vail Annual Resale Lottery Criteria Process,
2) summarize the Vail Town Council member's feedback from the public meeting held on
April 17th
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May 15, 2018 - Page 79 of 131
3) present the recommendation of the Vail Local Housing Authority for amendments,
improvements and enhancements to the criteria and lottery process consistent with the
goals and objectives outlined above, and
4) outline the next steps for implementation of an amended process once adopted by the
Vail Town Council.
It should be noted that the topic of discussion of this memorandum focuses on the eligibility to
participate in the resale lottery process. The topic of discussion is not intended to focus on the
terms of the Town's deed -restrictions themselves. Once eligibility for participation in the lottery
is addressed and depending upon the final outcomes, additional discussion regarding the terms
of the deed -restrictions themselves may be needed.
II. Existing Annual Resale Lottery Process and Criteria
The Town of Vail Housing Department conducts an annual resale lottery selection process to
determine eligibility to bid and purchase for -sale deed -restricted employee housing units which
may become available for purchase in the coming calendar year. This lottery selection process
occurs the first week of June, annually. The procedures for the Town's annual resale lottery
process are outlined in the Town of Vail Employee Housing Guidelines, adopted October 10,
1999. By and large, and specifically as it relates to the lottery process, the Guidelines have
remained unchanged since their original adoption nearly twenty years ago.
The Housing Department routinely receives feedback from annual resale lottery participants
about the process. Unfortunately, not all of the feedback is positive. Some of the more
frequently shared negative feedback includes comments regarding the following:
• Participants must meet the deed -restriction criteria at the time of application instead of
the time of purchase.
• Household size requirements limit home purchase options and simply ignore future
changes in lifestyle or family sizes.
• Telecommuting and other forms of "work from home" employment is not allowed.
• The weighted preference system limits participation and prevents persons from moving
back into Town.
• The tiered system conflicts with and is counter to the weighted preference system.
• The entire process is time consuming, costly, inefficient, and nonresponsive to changes
during the past 20 years.
• The current process is anything but a true lottery and discourages participation.
• Persons that currently own a home or a vacant residential lot in Eagle County can not
participate.
The following table indicates the number of annual resale lottery participates and number of
annual resales occurring during the six-year period of time from 2012 to 2017.
2
May 15, 2018 - Page 80 of 131
Annual Resale
Lottery Participation and Sales Statistics
Years 2012 to 2017
Year # Participants # of Annual Resales
2012 3 1
2013 9 2
2014 12 4
2015 28 7
2016 31 3
2017 16 3
Avg. 17 3
A copy of the Resale Lottery Criteria is outlined below:
Resale Lottery Criteria
A. There are six basic eligibility requirements which must be met prior to an individual
submitting a bid to purchase an employee -housing unit.
1. The applicant must intend to use the unit as his/her primary residence and maintain it
as his/her primary residence in the future.
2. The applicant must be currently employed at a business located within Eagle County
which holds a business license with the appropriate jurisdiction (Town of Vail, Town
of Avon, etc.), must be employed an average of 30 hours each week on an annual
basis, and must maintain this level of employment for as long as he or she owns the
unit.
3. The applicant must demonstrate that at least 75% of his/her income and earnings
are earned by working at a licensed Eagle County business.
4. Neither the applicant nor any member of the applicant's immediate family (including,
but not limited to, spouse and children under 18 years of age) may own residential
real estate in Eagle County at the time of application, except where that real estate is
deed restricted as a Town of Vail employee housing unit with a resale appreciation
cap. A current residence may not be deeded to a corporation or other entity in order
to qualify the applicant for a Town of Vail deed restricted unit.
5. The applicant must be prequalified with a mortgage lender.
6. For all Town of Vail deed restricted three bedroom units, the applicant must have a
household size of 3 or more persons. For the purposes of determining household
size, applicants may include all persons related to the applicant by blood, marriage,
or adoption. If the applicant plans to include dependents, they must be continuously
listed on federal income tax forms and reside in the household at least six months
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May 15, 2018 - Page 81 of 131
and one day out of every 12 month period of time. A pregnancy may be counted
towards the family size requirement as long as a note from an Eagle County doctor is
provided.
B. Once basic eligibility has been met, the qualified person(s) submitting the highest bid price
(not to exceed the maximum bid price) during a bidding period shall have the first right to
negotiate purchase of the unit. If two or more qualified bids are submitted at the highest bid
price, they shall receive preference and be prioritized for selection as the top bidder based
on the highest score using the criteria listed below. Each year of residency and employment
in Eagle County will count as one point in determining the total score. Additional points will
be determined as follows:
1. All current years of employment in Vail shall be weighted at 3:1 over years of
employment in Eagle County.
2. All current years of residency in Vail shall be weighted at 3:1 over years of residence
in Eagle County.
3. All years of residency and/or employment prior to a leave from Eagle County shall be
given points at a 1:1 ratio regardless of location of residency or employment within
Eagle County.
C. Notes:
1. The physical place of residence and employment is what counts, not the mailing
address.
2. Employment physically located on Vail Mountain shall be considered inside the Town
of Vail.
3. Employment requiring work to be completed at locations "on-site" throughout Eagle
County (e.g., construction sites) shall be considered outside the Town of Vail.
4. Seasonal work and part time work shall be counted on a pro -rata basis. Seasonal
work and part time work alone may not be adequate to meet the 30 hours/week
average annual requirement. This type of work may need to augment other
employment to meet the minimum eligibility.
5. For the purposes of determining the standing of each applicant, each year of
residency (or employment) reflects one point. For the portion of time in excess of a
complete year, the Town will round to the next highest number if the time exceeds
six months and one day. If the time is less than six months, the Town will round
down.
6. If two individuals are applying jointly, the years of employment and/or residency shall
not be combined. The single individual with the longest record of employment and/or
residency shall use his or her record for the purposes of determining longevity.
7. Persons who own residences located in Vail or Eagle County at the time of the
application deadline are not eligible.
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May 15, 2018 - Page 82 of 131
8. All claims will be verified by Town of Vail staff. Claims of residence or employment
that do not check out or are un -verifiable will not be counted in determining your
longevity.
9. If there is a sole applicant in the top tier of the lottery, the scheduled lottery will not
be conducted and the unit will be awarded to the top tier applicant. A drawing to
establish the reserve list will be held in the Housing Development office during
regular business hours and shall be witnessed by the Town Clerk.
10. The application and any accompanying documentation shall become the property of
the Town of Vail and will not be returned to the applicant.
D. For all resales of existing Town of Vail deed restricted units, a permanent reserve lottery list
will be used. The reserve list will be created using the exact same criteria outlined above.
1. The first person on the list will be offered the unit available for resale. If that person
chooses not to take the unit, they will be dropped to the end of the list and the next
person will have the option to purchase the available unit and so on, until a buyer is
found.
2. The list will be updated by an annual lottery.
3. Separate reserve lists will be created for two bedroom and three bedroom units.
III. Vail Town Councilmember Feedback
The Vail Town Council held a public hearing on April 17, 2018, to discuss opportunities to
amend, improve and enhance the annual resale lottery process. This hearing was the third of
three such hearings hosted by the Town Council on this topic in the past 18 months. Following
a presentation by town staff, input from the Vail Local Housing Authority, public participation,
and discussion amongst town council members, the consensus of the Vail Town Council
members and instruction to town staff included the following:
• Simpler is better.
• The 20 -plus year old, weighted and tiered, lottery system should be updated and
replaced.
• No changes to the deed -restrictions regarding annual hours of employment, income,
legitimacy of business, etc. were requested.
• The family size requirement should be eliminated.
• An interested purchaser resale lottery participant list should be established and
maintained by the Housing Department.
• A separate and individual home specific lottery selection process should be
implemented.
• Minimum qualifications for participating in a lottery include:
o Participation in a town or county -sponsored homebuyer education class
o Signed acknowledgement of intent to comply with the terms of the subject deed
restriction if selected to purchase.
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May 15, 2018 - Page 83 of 131
o Pre -qualification from a lender establishing the financial ability to purchase said
property.
• Amend Resale Lottery Criteria #4 and #5. Specifically, the Town Council members
asked to have the language prohibiting the applicant or any member of the applicant's
immediate family from owning residential real estate in Eagle County "at the time of
application" amended to state "at the time of closing". Secondly, the applicant must be
prequalified with a mortgage lender "at the time of closing" rather than "the time of
application".
• The Town Council agreed with the recommendation of the Vail Local Housing Authority
with the following changes:
o A weighted form of preference is more appropriate. The lottery needs to allow all
participants a chance of being selected. Thus, implement a lottery process that
allows a chance for any applicant to be selected, yet grants increased probability
of selection to applicants having demonstrated longevity of living and/or working
in Vail. The number of prior years of lottery participation was not relevant.
• There was not consensus among Town Councilmembers on the ability to participate in a
lottery and purchase a deed -restricted if the applicant presently owns free-market
residential property in Eagle County, yet was agreeable to deed -restricting said property
if selected for purchase in the lottery. More Town Council and VLHA discussion on the
trade-offs of this option is needed.
o Potential trade-offs include:
• Public perception of "double-dipping" into town provided subsidies
• Zero sum gain of resident occupied dwellings
• Subsidy vs. no additional subsidy
• One time lump sum payment vs. multiple payments over time
• Competing housing policies, goals and objectives
To facilitate the discussion, it may be helpful for the Town Council to provided answers
to the following questions:
1) As a housing policy, how important/relevant is it that the Town implements
measures to protect and preserve existing resident occupied, non -deed -restricted
dwellings in the event the current owner has an opportunity to purchase a town -
sponsored, deed -restricted dwelling?
2) If deemed important/relevant, how is this policy best implemented? (i.e.,
purchase a deed restriction, allow multiple ownership, etc.)
IV. Vail Local Housing Authority Recommendation
Following careful and thoughtful review of the Town's annual resale lottery criteria and selection
process the Vail Local Housing Authority finds that amendments, improvements and
enhancements are needed to realize the goals and objectives for housing in Vail. To be
successful, the resale lottery criteria and selection processes must be aligned with Town's goals
and objectives for housing. In the minds of the Authority, in the absence of alignment, it is
6
May 15, 2018 - Page 84 of 131
unlikely that the Town will realize its desired results when it comes to housing in the community.
To that end, the Vail Local Housing Authority has reviewed the current criteria and recommends
that Vail Town Council authorizes the Housing Department staff to pursue revisions to the
current criteria and lottery by taking action on the following:
1. Clearly define and adopt goals and objectives for the Town's lottery criteria and
process.
2. Allow current residential property owners, including vacant residential land, to
participate in the lottery with the understanding that they must either 1) deed -
restrict their current residential property for employee housing, subject to Town
Council approval, or, 2) dissolve their interest in the real estate prior to closing on
the new deed -restricted property.
3. Phase out the weighted preference and tiered system and replace it with a true
lottery process with preference, effective July, 2018. As an alternate option,
replace the current system with a point system of preference that increases the
probability that certain categories of persons (i.e., Vail residency, Vail business
employee) are selected over another, yet still maintains an opportunity for all
participating to be selected.
To that end, the Vail Local Housing Authority recommends the following point
system:
• Meet minimum lottery participation criteria = 1 lottery ticket
• Vail resident = 1 lottery ticket
• Vail resident for equal to or greater than 10 years = 1 lottery ticket
• Employed in Vail = 1 lottery ticket
• Employed in Vail for equal to or greater than 10 years = 1 lottery ticket
Maximum Total 5 lottery ticket
Lottery ticket eligibility is determined as of the date of the lottery drawing. All
tickets are placed in the tumbler at the time of the drawing selection. All tickets
will be drawn from the tumbler to create an order of purchase priority.
The Vail Local Housing Authority recommended this point system process for the
following reasons:
• Increased statistical probability of selection for those applicants having
demonstrated longevity of residency and employment in Vail.
• Grants an appropriate amount of increased probability to affect the
outcome yet does not grant so much that otherwise discourages
participation.
• Increased efficiency and effectiveness of applicant and staff time,
resources and money.
• Ease of implementation and administration.
• Ensures every applicant an opportunity of being selected to purchase a
home.
7
May 15, 2018 - Page 85 of 131
■ Furthers the adopted goals and objectives identified for the process.
4. Replace the annual lottery process with an individual and separate process for
each home when it becomes available for purchase. This improves efficiency
and effectiveness as lottery participants are only participating in lotteries for
home types they wish to purchase
5. Eliminate the minimum household size requirements and thereby acknowledge
the changes in lifestyle or family size that occur over time.
6. Simplify and streamline the application submittal process and minimize, to the
extent possible, the materials required for participation to increase participate
numbers and be more cost effective and efficient.
7 Prepare an administrative process for demonstrating eligibility and compliance
with the terms of the deed -restriction and the employee housing guidelines.
Currently, there is no prescribed process for administrative determination.
Inevitably, however, as the Town's housing programs grow, situations and
circumstances will arise whereby a determination will be needed. To ensure
effectiveness and sound decision-making occur, criteria for consideration should
be established and adopted to grant exceptions. It is likely most appropriate that
the Vail Local Housing Authority, as an impartial five member authority appointed
by the Vail Town Council, and not the Housing Department staff, be the entity
which hears, evaluates and renders decisions in the administrative process.
Examples of where this process would be most useful are when making
determinations of legitimate business, employment, residency/occupancy,
income generation, etc.
V. Next Steps
The Vail Local Housing Authority and the Housing Department staff are prepared to work
through the details of implementing the amendments described herein. With Town Council
direction, the Authority and the staff will return to the Town Council meeting on June 5, 2018
with more detailed proposals on how best to implement:
1) a point -based system for lottery participation,
2) a lottery process which is more streamlined and home type specific, and
3) an administrative process for making determinations of eligibility and compliance
based unique situations and special circumstances.
A new process can be in place effective July 4, 2018. Until that time, the 2017/2018 Resale
Lottery List will remain in effect.
8
May 15, 2018 - Page 86 of 131
Annual Resale Lottery Process
Amendments
Vail Local Housing Authority
Recommendation to the Vail Town
Council
May 15, 2018
May 15, 2018 - Page 87 of 131
Goals and Objectives...
• Improve efficiency (ie. cost) and effectiveness (ie. time).
• Ensure consistency, predictability and fairness.
• Increase alignment.
• Create home ownership opportunities.
• Improve the opportunity for participation .
• Maintain and sustain community.
• Increase lottery participation.
May 15, 2018 - Page 88 of 131
Shared Alignment...
s( Simpler is better
s( Update the 20 -year old
process
✓ No changes to deed
restriction terms
s( Eliminate the family size
requirement
✓ Create a separate
lottery process
s( Allow current
residential property
owners to participate
s( Simplify and streamline
the process
✓ Establish an
administrative review
procedure
May 15, 2018 - Page 89 of 131
Direction Needed...
1) As a housing policy, how important/relevant is it
that the Town implements measures to protect and
preserve existing, resident occupied, non -deed -
restricted dwellings in the event the current owner
has an opportunity to purchase a town -sponsored,
deed -restricted dwelling?
2) If deemed important/relevant, how is this policy
best implemented? (i.e., purchase a deed restriction,
allow multiple ownership, etc.)
May 15, 2018 - Page 90 of 131
Point -Based Lottery...
■ Meet minimum lottery participation criteria =
■ Vail resident =
■ Vail resident for equal to or greater than 10 years =
■ Employed in Vail =
■ Employed in Vail for equal to or greater than 10 years =
Maximum Total
1 lottery ticket
1 lottery ticket
1 lottery ticket
1 lottery ticket
1 lottery ticket
5 lottery ticket
May 15, 2018 - Page 91 of 131
Next Steps...
1) a point -based system for lottery participation,
2) a lottery process which is more streamlined and home
type specific, and
3) an administrative process for making determinations of
eligibility and compliance based unique situations and
special circumstances.
A new process can be in place effective July 4, 2018. Until
that time, the 2017/2018 Resale Lottery List will remain in
effect.
May 15, 2018 - Page 92 of 131
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 18, Series of 2018, A Resolution Approving an Amended and
Restated Development Agreement Between the Town of Vail and Vail Clinic; and Setting Forth
Details in Regard Thereto.
PRESENTER(S): Matt Mire, Town Attorney and Tom Kassmel, Town Engineer
ACTION REQUESTED OF COUNCIL: Approve, Approve with modifications, or deny
Resolution No. 18, Series of 2018
BACKGROUND: The Town must ensure that certain obligations of VVMC are met as the
hospital completes the West Wing and begins redevelopment of the East Wing. To that end,
VVMC is prepared to commit to the obligations in a Development Agreement, to demonstrate its
commitment to the entire redevelopment.
ATTACHMENTS:
Description
Resolution No. 18, Series of 2018
May 15, 2018 - Page 93 of 131
RESOLUTION NO. 18
SERIES OF 2018
A RESOLUTION APPROVING AN AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE TOWN OF VAIL AND VAIL CLINIC, INC.; 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 and Vail Valley Medical Center ("VVMC") entered into a Development
Agreement on or about July 16, 2015 (the "Original Development Agreement"), regarding the
redevelopment of certain property owned by VVMC with an address of 181 West Meadow Drive (the
"Property").
WHEREAS, the redevelopment of the Property (the "Project") includes two separate phases,
the East Wing and the West Wing; and
WHEREAS, the West Wing phase of the Project is nearing completion and the East Wing
phase of the Project is commencing and the parties desire to amend and restate the Original
Development Agreement to address public improvements and other development issues related to
the Project.
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado:
Section 1. The Council hereby approves the Amended and Restated Development
Agreement (the "Agreement") and authorizes the Town Manager to execute the Agreement
on behalf of the Town 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, READ, APPROVED AND ADOPTED this 15th day of May, 2018.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 18, Series of 2018
May 15, 2018 - Page 94 of 131
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this
"Agreement") is made on the day of , 2018 (the "Effective
Date"), by and between the Town of Vail, a Colorado home rule municipality (the
"Town") and Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Health
("VVMC") (each individually a "Party" and collectively the "Parties").
WHEREAS, the Town and VVMC entered into that certain Development
Agreement dated July 16, 2015 (the "Original Development Agreement"), regarding the
property more particularly described in Exhibit A-1 attached hereto and incorporated
herein. Due to the recent land exchange with the Evergreen Lodge and resubdivision of
such property, the new legal description is described in Exhibit A-2 attached hereto and
incorporated herein, which fully amends and replaces Exhibit A-1 (the "Property").
WHEREAS, the redevelopment of the Property (the "Project") includes two
separate phases, the East Wing and the West Wing, as more particularly described in
Exhibit B, attached hereto and incorporated herein by this reference;
WHEREAS, the Planning and Environmental Commission of the Town on
September 11, 2017 gave final approval of an amendment to the Conditional Use
Permit for the Project, subject to the express conditions contained in such approval (the
"CUP Approval");
WHEREAS, VVMC will continue to provide health care services to the community
throughout the duration of the Project;
WHEREAS, the West Wing phase of the Project is nearing completion and the
East Wing phase of the Project is commencing and the parties desire to amend and
restate the Original Development Agreement to address public improvements and other
development issues related to the Project.
NOW, THEREFORE, in consideration of the above premises and the mutual
covenants and agreements set forth herein, the Parties agree as follows:
1. Restatement; Process. The Parties agree that this Agreement completely
amends and restates the Original Development Agreement and that the Original
Development Agreement is deemed wholly terminated upon the mutual execution of this
Agreement by the Parties. The Parties acknowledge that the Project involves two
separate phases, the first phase being the West Wing and the second phase being the
East Wing, as more particularly described in Exhibit B.
2. VVMC Obligations.
a. Submittals. VVMC shall prepare all applications and related plans for the
Project, in compliance with the Vail Town Code, at VVMC's sole cost.
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b. Applicable Law. VVMC shall comply with all applicable law, including
without limitation all current and future federal, state and local statutes, regulations,
ordinances and rules relating to: the emission, discharge, release or threatened release
of a Hazardous Material into the air, surface water, groundwater or land; the
manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material;
and the protection of human health, safety or the indoor or outdoor environmental,
including without limitation the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act,
15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air
Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all
applicable Colorado environmental laws; and all other federal, state or local laws and
regulations relating to, or imposing liability or standards of conduct concerning any
hazardous, toxic or dangerous waste, substance or material, now or at any time
hereafter in effect.
c. Dedication of Easement. Prior to the issuance of the first certificate of
occupancy for the East Wing, VVMC shall dedicate or convey to the Town all
easements required by the CUP Approval, including without limitation, (i) an easement
agreement as related to exterior areas and a license agreement as related to interior
building areas, such non-exclusive easement and license to be located as generally
depicted on Exhibit C-1 hereto and incorporated herein, for public pedestrian access
through the Property from the South Frontage Road to West Meadow Drive, it being
acknowledged that such easement agreement shall permit VVMC to maintain
improvements within the easement, such as but not limited to landscaping
improvements, valet stand, bicycle racks and the placement and use of a mobile
imaging truck, provided that the remaining portions of the easement are sufficient for
reasonable pedestrian access; and (ii) an easement agreement for public pedestrian
access upon those portions of the sidewalk along West Meadow Drive located within
the Property as generally depicted on Exhibit C-2 hereto and incorporated herein.
d. Insurance. At a minimum, VVMC shall require its general contractor to
carry not less than $4,000,000 of commercial general liability insurance covering death,
bodily injury and property damage, and automobile comprehensive insurance. VVMC
shall require its general contractor and subcontractors to maintain all required worker's
compensation insurance. Upon request, VVMC and its general contractor and
subcontractors shall provide written evidence to the Town of the existence of all
required insurance policies described herein.
e. Reimbursement Agreements. VVMC agrees that the various
reimbursement agreements in place for consultants and attorneys necessary for the
Town to process the applications submitted by VVMC in a timely manner shall remain in
place through completion of the Project, and that any maximum amounts specified in
such agreements shall be increased to amounts sufficient to cover costs incurred by the
Town in processing the applications.
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3. Public and Project Improvements.
a. Public Improvements. In addition to VVMC's other obligations under this
Agreement, VVMC shall construct and install the public improvements required for the
Project in accordance with the applicable ordinances, codes and regulations and as
described in Exhibits D-1, D-2, D-3 and D-4 attached hereto and incorporated herein
by this reference and more fully discussed in this Section 3.a below (the "Public
Improvements"). Construction of the Public Improvements shall be substantially
completed prior to the issuance of the first certificate of occupancy for the East Wing. All
references in this Agreement to VVMC maintaining a Public Improvement shall mean
maintaining such Public Improvement until such time as it is accepted by the Town, in
accordance with applicable Town ordinances and regulations. Notwithstanding the
foregoing, VVMC shall maintain landscaping and sidewalks up to the curb line of the
adjacent streets pursuant to Town Ordinances and regulations. The Public
Improvements include, without limitation, improvements to South Frontage Road and
West Meadow Drive, as follows:
Construction or reimbursement of the construction of the
improvements to the South Frontage Road located south of the south edge of proposed
bike lane as shown on the plans set forth on Exhibit D-1 hereto (excluding the storm
drain improvements shown thereon, which are discussed subsection (ii) immediately
below), including curb and gutter, right turn lane, concrete bus pull out, sidewalk,
landscaping, irrigation and street lighting. VVMC will install such improvements
pursuant to its own design plans but VVMC and the Town agree to work cooperatively
to revise such plans so to line up grades with the Town's own South Frontage Road
design plans.
ii. Reimbursement to the Town of its actual out-of-pocket costs for a
maximum of two storm water inlets and 75' of associated storm sewer piping
immediately adjacent to the Property within the South Frontage Road right-of-way as
shown on Exhibit D-1 hereto.
iii. VVMC agrees to provide the Town of Vail with necessary
construction easements for the construction of the South Frontage Road improvements
at no cost if determined that the Town of Vail's contractor shall construct any portion of
the public improvements as shown in Exhibit D-1.
iv. Reconstruction of sidewalk and new planter island along West
Meadow Drive as shown on the plans set forth on Exhibit D-3 hereto. During the
restoration of the West Meadow Drive paver sidewalk, the "art flow line" existing in the
current pavers shall be restored back to its original configuration and alignment. A
detailed survey of the flow line shall be completed prior to demolition, so that the flow
line can be restored in the exact alignment and width. VVMC will contact the Town's
Public Works department prior to reinstalling the art flow line.
v. Installation of heat and snowmelt facilities required for sidewalks on
the Property along South Frontage Road and West Meadow Drive as shown on the
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plans set forth on Exhibit D-4 hereto (the "Snowmelt Improvements") which will include
the installation of snowmelt tubing and necessary appurtenances within the sidewalk in
front of the Medical Professional Building in anticipation of snowmelting the said walk in
the future. VVMC agrees to install and operate a heat melt system in front of the
Medical Professional Building at such time the existing boiler is replaced or with the
demolition and redevelopment of the building.
b. Water, Sanitary Sewer and Storm Sewer. VVMC shall construct all
required water, sanitary sewer and storm sewer facilities in accordance with the rules
and regulations of the Town and the Eagle River Water and Sanitation District.
c. Drainage.
i. VVMC shall construct drainage improvements in accordance with the rules
and regulations of the Town. VVMC shall submit a final drainage study prior to
the issuance of the first building permit for the East Wing.
ii. As part of the drainage plan for the Project, VVMC shall route clean
groundwater (from de -watering system) separately from stormwater.
iii. All drainage improvements within the public rights-of-way shall be
dedicated to the Town upon acceptance by the Town and thereafter maintained
by the Town. All drainage improvements on private property shall be maintained
by VVMC or private property owners subject to drainage easements to allow the
Town to enter the property in the case that VVMC or such private property
owners fail to adequately maintain such drainage facilities.
d. Lighting. VVMC shall install all street and pedestrian lighting required for
the Project in compliance with the Town's Design Guidelines, with attention to dark -sky
compliant design and downcast lighting fixtures.
e. Landscaping and Street Furniture. VVMC shall install and maintain all
street trees, other landscaping and street furniture as depicted in plans approved as
part of the CUP Approval and by the Town's Design Review Board, whether on private
property or within public rights-of-way, at VVMC's expense in compliance with
applicable Town regulations.
f. Parking.
i. Until delivery to the Town of the Lot 10 Parking (as described in
subsection iv below), VVMC shall provide the Town a minimum of four (4) on-site
parking spaces and four (4) off-site parking spaces (to compensate for the
reduction to existing parking from the re -design of the West Parking lot) as set
forth in a separate agreement between VVMC and the Town relating to Lot 10.
ii. VVMC will construct on-site parking in accordance with the CUP Approval
(the "On -Site Parking"). Until the construction of the On -Site Parking, VVMC
shall provide a minimum of 41 net new off-site parking spaces, to meet the
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parking requirements of the Project. For purposes of this Agreement, "net new"
means spaces to which VVMC did not have access prior to March 23, 2015.
iii. VVMC shall adhere to the Plan for Managed Parking Program, August
2017, as approved as part of the CUP Approval (the "Parking Management
Plan"), in all matters referenced unless amended per the procedures of the Vail
Town Code Section 12-16-10, Amendment Procedures. The Parking
Management Plan is attached to this Agreement as Exhibit E and incorporated
herein.
iv VVMC shall (A) construct parking on Lot 10 substantially similar to the
parking which existed at the time the parties entered into that certain Temporary
Construction License Agreement related to Lot 10, including resurfacing and
striping (the "Lot 10 Parking"), and deliver possess of the Lot 10 Parking to the
Town upon the expiration of such Temporary Construction License Agreement,
and (B) provide a non-exclusive access easement to the Town for ingress and
egress from West Meadow Drive to the Lot 10 Parking over and across the
driveway serving both VVMC and the Lot 10 Parking as generally depicted on
Exhibit F hereto.
g. Snowmelt Facilities. VVMC shall provide for the ongoing operation and
maintenance of the Snowmelt Improvements (as defined in Section 3.a.v above) at
VVMC's sole cost, and shall enter into the Town of Vail's standard Snowmelt
Maintenance Agreement
h. Loading Areas. VVMC shall adhere to the Management Plan for the
Operation of the Loading Facility approved as part of the CUP Approval (the "Loading
Facility Management Plan"), included on pages 20-22 thereof, unless amended per the
procedures of the Vail Town Code Section 12-16-10, Amendment Procedures. Any
vehicle unable to meet the requirements of the Loading Facility Management Plan due
to size or other characteristics shall use the VVMC's west parking lot and shall at no
times be permitted to access the loading facility.
Middle Creek. As stipulated by the Original Development Agreement,
VVMC has submitted to the Town a plan for cleaning and restoring the bank of Middle
Creek adjacent to the Property. Improvements prescribed by this plan have been
completed. Prior to June 1, 2018, Town staff shall review such improvements to
confirm that they conform with approved plans. In event additional work is necessary to
comply with the approved plans, VVMC shall complete such work by August 31, 2018.
This work shall be re -inspected prior to the VVMC's relinquishing possession and
control of Lot F-1, Vail Village, First Filing, to the Evergreen Lodge and any and all
necessary repairs and/or modifications shall be completed within 6 months of
inspection.
j. Shell Space. Prior to the occupancy or use of any of the "shell space" of
the Project as identified on Exhibit G attached hereto and incorporated herein, VVMC
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shall have obtained an amendment to the CUP Approval per the procedures of Vail
Town Code Section 12-16-10, Amendment Procedures.
4. Construction and Warranty.
a. Plan. VVMC shall provide a construction management plan for review and
approval by Town staff prior to the issuance of the first building permit for the East
Wing.
b. Phasing. Public Improvements may be constructed in phases, as required
to serve the particular phase of the Project being constructed. For example, without
limitation, it is acknowledged that the Public Improvements to the South Frontage Road
as discussed in Section 3.a.i above, cannot be constructed until the Town has
constructed its South Frontage Road improvements (e.g., grades will not line up, other
logistical issues). VVMC and the Town agree to work cooperatively on appropriate
phasing of the Public Improvements.
c. Security. Prior to site disturbance for the Project, VVMC shall furnish to
the Town either a cash escrow or an irrevocable letter of credit in an amount equal to
120% of the estimated costs of the Public Improvements required to support the phase
of development for which the site disturbance is occurring. The Town shall have the
right to draw against the security if VVMC fails to construct the Public Improvements for
such development phase in compliance with this Agreement or applicable law. The
Public Improvements for each phase of development will be set forth in a Development
Improvements Agreement, in the Town's standard form. The letter of credit shall be in a
form reasonably approved by the Town and issued by a financial institution reasonably
satisfactory to the Town. The security shall be released as construction progresses in
accordance with the Town's standard practices.
d. Construction Standards. VVMC shall ensure that all construction and
improvements are performed in a workmanlike manner in accordance with Town rules,
regulations, requirements, criteria, and codes governing such construction and this
Agreement. The Town shall have no duty to accept the dedication of any Public
Improvement that is not constructed in compliance with this Section.
e. Damage. VVMC shall be fully responsible for the prompt repair of any
property which may be damaged during construction of the Public Improvements,
whether such property is public or private.
f. Completion. VVMC shall notify the Town when it deems a Public
Improvement to be complete.
g. Conditional Acceptance. Within 30 days of notification that the Public
Improvements are complete, the Town will review the same and deliver a written
Conditional Acceptance, or, for any that are not acceptable, specify in writing in
reasonable detail which improvements are not acceptable and the reasons they are
unacceptable.
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h. Warranty. VVMC warrants and guarantees that, for two years from the
date of Conditional Acceptance, the Public Improvements: will not fail, and will be
constructed and installed in a workmanlike manner suitable for their intended uses; will
be constructed in compliance with applicable federal, state, municipal, and special
district statutes, ordinances, regulations, rules and codes; and will comply with all
applicable land use approvals.
i. Final Acceptance. Upon the expiration of the warranty period for any
particular Public Improvement, and provided any breaches of warranty have been
cured, the Town shall issue written Final Acceptance of such Public Improvement and,
thereafter, the Town will accept and maintain such improvements. Upon VVMC's
request, the Town shall confirm in writing the acceptance of such Public Improvement.
5. Fees.
a. General. Except as expressly provided in this Agreement, VVMC shall
pay all permit, plan review, and other similar fees to the Town in connection with the
Project.
b. Employee Housing. The Parties recognize that the Project will generate
new employees, and as such, VVMC must mitigate the impacts on employee housing.
In mitigation of those impacts, VVMC agrees to the following:
i. West Wing Audit, Credit. It is acknowledged that VVMC has paid to the
Town the "Employee Housing Payment" as defined and describe in the Original
Development Agreement. Two years following the issuance of the first certificate
of occupancy for the West Wing, the Town shall conduct an audit to determine
how many new employees were actually generated by the West Wing during that
two-year period. If that number exceeds 56, VVMC shall submit an additional
cash -in -lieu payment for the additional employees. If that number is less than 56,
the Town shall credit that portion of the Employee Housing Payment not
attributable to the West Wing against the employee housing mitigation
requirements for the East Wing as set forth in subsection ii below.
ii East Wing Mitigation. Prior to the issuance of the first certificate of
occupancy for the East Wing, VVMC shall demonstrate compliance with the
required employee generation mitigation as set forth in the CUP Approval,
subject to any adjustment in such mitigation pursuant to subsection i above. The
required mitigation set forth in the CUP Approval is to provide off-site housing for
5.14 employees. Mitigation to be provided by VVMC purchasing and deed
restricting dwelling units within the Town of Vail or purchasing deed restrictions
as per the Town's "InDeed" housing program.
iii. East Wing Audit. Two years following the issuance of the first certificate of
occupancy for the East Wing, the Town shall conduct an audit to determine how
many new employees were actually generated by the East Wing during that two-
year period. If that number exceeds 59.9, VVMC shall submit a cash -in -lieu
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payment for the additional employees. If that number is less than 59.9, the Town
will provide a refund.
c. Traffic. The Parties recognize that the East Wing will generate traffic
impacts, and as such, VVMC shall pay to the Town a traffic impact fee in amount of
$287,605.00 (the "Traffic Payment"), due prior to the issuance of the first certificate of
occupancy for the East Wing. (The calculation of this fee includes all square footage
existing at the time of this agreement and all new East Wing square footage inclusive of
the Shell Space described in Section 3(j) above".)
d. Bus Stop Contribution. VVMC shall pay to the Town the sum of Fifteen
Thousand Dollars ($15,000.00) as a contribution towards the construction of a bus stop
structure in front of VVMC along the South Frontage Road, due upon the issuance of
the first building permit for the East Wing.
6. Breach and Remedies.
a. By the Town. If the Town defaults on any obligation under this Agreement
for any reason, VVMC may seek damages, but VVMC shall not be entitled to enforce
this Agreement through an action for specific performance.
b. By VVMC. If VVMC defaults on any obligation under this Agreement, the
Town may: seek damages; draw on the letter of credit; and/or withhold issuance of
building permits or certificates of occupancy not yet issued for any improvements on the
Property until said default has been cured or waived. In addition to the specific
remedies set forth herein, the Town shall have all other remedies available at law or
equity, and the exercise of one remedy shall not preclude the exercise of any other
remedy.
7. Miscellaneous.
a. Severability. If any provision of this Agreement is determined to be void
by a court of competent jurisdiction, such determination shall not affect any other
provision hereof, and all of the other provisions shall remain in full force and effect.
b. Integration. This Agreement represents the entire agreement between the
parties hereto with respect to the subject matter hereof, and all prior or extrinsic
agreements, understandings or negotiations shall be deemed merged herein.
c. Waiver. No provision of this Agreement may be waived to any extent
unless and except to the extent the waiver is specifically set forth in a written instrument
executed by the Party to be bound thereby.
d. Modification. This Agreement may only be modified by subsequent written
agreement of the Parties.
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e. Governing Law and Venue. This Agreement shall be governed by and
construed in accordance with the laws of the State of Colorado, and venue for any legal
action arising out of this Agreement shall be in Eagle County, Colorado.
f. No Third Party Beneficiaries. No third party is intended to or shall be a
beneficiary of this Agreement, nor shall any third party have any rights to enforce this
Agreement in any respect.
g. No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Town and VVMC, and nothing contained in this Agreement shall be
construed as making the Town and VVMC joint venturers or partners.
h. Notices. A notice under this Agreement shall be in writing and may be
given by U.S. Mail, postage prepaid, addressed as set forth herein; or hand -delivery.
Notice shall be effective three days after mailing or immediately upon hand -delivery.
The addresses of the Parties shall, unless changed in writing, be as follows:
The Town:
VVMC:
With a copy to:
Town Manager
Town of Vail
75 South Frontage Road
Vail, CO 81657
Chief Executive Officer
Vail Clinic, Inc.
181 West Meadow Drive
Vail, CO 81657
Chief Financial Officer
Vail Clinic, Inc.
181 West Meadow Drive
Vail, CO 81657
Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town under this Agreement are specifically
contingent upon annual appropriation of funds sufficient to perform such obligation.
This Agreement shall never constitute a debt or obligation of the Town within any
statutory or constitutional provision.
j. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town and its officials, representatives, attorneys and
employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-
101, et seq., as amended.
k. Recording. This Agreement shall be recorded with the Eagle County
Clerk and Recorder. The benefits and obligations of the Parties under this Agreement
shall run with the land, and shall be binding on, and enforceable by, any subsequent
holder of an interest in the Property.
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I. Rescission without Penalty. Notwithstanding any other provision of this
Agreement, should the Town fail to approve any of the land use applications for the
Project, either Party shall be entitled to rescission of this Agreement without any penalty
whatsoever. Should the Town approve the applications, but the approvals are
challenged by referendum or other legal action, either Party shall be entitled to
rescission of this Agreement without any penalty whatsoever.
m. Force Majeure. Neither the Town nor VVMC shall be in breach of this
Agreement if a failure to perform any of the duties under this Agreement is due to Force
Majeure, which shall be defined as the inability to undertake or perform any of the duties
under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist
attack, strikes, riots, war, labor disputes, forces of nature or the authority and orders of
government.
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IN WITNESS WHEREOF, the Town and VVMC have executed this Agreement
as of the Effective Date.
ATTEST:
Town Clerk
By:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
TOWN OF VAIL:
Town Manager
VVMC:
The foregoing instrument was acknowledged before me this day of
, 2018, by as
of Vail Clinic, Inc., a Colorado nonprofit corporation d/b/a the Vail Health.
My commission expires:
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Notary Public
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EXHIBIT A-1
ORIGINAL LEGAL DESCRIPTION
Lot E and F, Vail Village, Second Filing, according to the map thereof recorded March 25, 1963
under Reception No. 97199, County of Eagle, State of Colorado.
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EXHIBIT A-2
NEW AMENDED AND RESTATED LEGAL DESCRIPTION
Lots E and F, Vail Village, Second Filing, Lot E, Lot F and Lot F-1, a resubdivision of Lot F;
Lot 2E, Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2, according to the
recorded Plat thereof, recorded December 29, 2017 under Reception No. 201724580, County of
Eagle, State of Colorado;
and
Lot 2E, Vail Village Second Filing, Lot E, Lot F and Lot F-1, a resubdivision of lot F; Lot 2E
Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2, according to the recorded Plat
thereof, recorded December 29, 2017 under Reception No. 201724580, County of Eagle, State of
Colorado;
and
Lot 2E-1, Vail/Lionshead, Second Filing, Block 1, a resubdivision of Lot 2W, according to the
recorded Plat thereof, recorded December 29, 2017 under Reception No. 201724579, County of
Eagle, State of Colorado.
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-7"
Exhibit
Property Line
r
wlatkrANY /ANT
aiiivxr r_,..
HUs APAI[7YE)IT
May 15, 2018 - Page 108 of 131
TION
Exhibit C-1
Interior License
Agreement
1
West Meadow Drive
EXIST!
HUS AP
Public pedestrian access
through the property
May 15, 2018 - Page 109 of 131
ExhibitC-2
PublicP ed stria n access
through the property
{porter of 51 waik o Vail Health
Property)
k
INNIEN
ImmEr
West Meadow Drive
May 15, 2018 - Page 110 of 131
Exhibit D-1
Approximate arca of improvement to be installed
or pad for by Vail health. Area defined by curbline,
inclusive of right turn lane and bus pullout.
Right Turn Lane
s
•
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'7 str-m
sewerpiping
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Proposed .. Storm water
Curbline . inlet
Bus
Pullout
Property Line
Proposed
Curblirte
fte
Property Line
May 15, 2018 - Page 111 of 131
r'�+may ~ `*g.
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4.
Exhibit D-2
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Property Line
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Medical
Profession
Building
May 15, 2018 - Page 112 of 131
Exhibit D-3
Property Line
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i
Planter Islands
1
MEADOW DRIVE
Reconstructed
i ewalz
May 15, 2018 - Page 113 of 131
Exhibit D-4
nowm It
Improvements
1
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J
1
Snowmelt
Improvements
T
•
W MEADOW DRIVE
May 15, 2018 - Page 114 of 131
Lot 10
Exhibit F
Approximate
location of
curb lines
1 Asphalt
Area
s
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May 15, 2018 - Page 115 of 131
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May 15, 2018 - Page 116 of 131
Exhibit
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(+/- 12,558 sf)
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May 15, 2018 - Page 117 of 131
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May 15, 2018 - Page 118 of 131
TOWN Of UAIL
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Vail Nature Center Update and Request for Funds
PRESENTER(S): Todd Oppenheimer,Capital Project Manager/Landscape Architect
ACTION REQUESTED OF COUNCIL: Approve a supplemental budget in the amount of
$95,500 for the VNC project bring the total current budget to $151,000.
BACKGROUND: The purpose of this discussion is to request supplemental budget funding by
the Town Council for the continued on-going work on the Vail Nature Center (VNC) short-term
actions intended to allow continuation of the VNC programming by the Walking Mountains Science
Center. The total estimated cost of the short-term actions is approximately $151K. The current
fund balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected
budget shortfall of $95,500.
ATTACHMENTS:
Description
Memorandum
May 15, 2018 - Page 119 of 131
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: May 15, 2018
Subject: Vail Nature Center Supplemental Budget
I. INTRODUCTION
The purpose of this discussion is to request supplemental budget funding by the Town Council
for the continued on-going work on the Vail Nature Center (VNC) short-term actions intended to
allow continuation of the VNC programming by the Walking Mountains Science Center.
II. BACKGROUND
On April 17, 2018 the Town Council was updated on the condition of the VNC building and
directed staff to purchase a temporary yurt structure and continue remediation work on the
issues concerning the access to the site and the existing building. Staff has placed the order for
a 27' yurt and paid the 50% deposit required by the manufacturer. Staff has also designed and
developed plans for placement of the yurt, electrical service, temporary restrooms and vehicular
access. The Town will take delivery of the yurt on or around May 18, 2018. The previously
allocated budget for the VNC project was sufficient to cover the cost incurred to date. Additional
supplemental budget will be required to complete the reminder of the short-term actions.
III. VAIL NATURE CENTER SHORT ACTIONS BUDGET
The following outline details the estimated cost associated with implementation of the VNC
short-term actions.
SHORT TERM ACTIONS COST SUMMARY
27' DIAMETER YURT, FULL WIND SNOW PKG $ 6,190 QUOTE
27' DIAMETER CONCRETE SLAB $ 14,518 QUOTE
FASTENER PACKAGE $ 400 ESTIMATE
ELECTRICAL SERVICE TO YURT $ 12,500 ESTIMATE
TEMP RESTROOM CONCRETE SLAB $ 6,565 ESTIMATE
TEMP RESTROOM WOODEN SCREEN $ 8,200 ESTIMATE
ACCESS DRIVEWAY IMPROVEMENTS $ 34,242 QUOTE
ENVIRONMENTALTESTING COMPLETED $ 1,800 INVOICE
TAXIDERMY CLEANING/PRESERVATION $ 1,000 QUOTE
ENVIRONMENTAL CONSULTATION $ 1,316 INVOICE
CLEANING AND SANITATION BUILDING $ 1,500 QUOTE
RADON MITIGATION $ 1,000 ESTIMATE
SECOND FLOOR STRUCTURAL $ 4,000 ESTIMATE
ROOF MODIFICATIONS, METAL ROOF $ 19,000 QUOTE
COMPOSTING TOILET REPAIRS $ 3,000 QUOTE
DESIGN FEES SHORT-TERM $ 12,000 ESTIMATE
SUBTOTAL $137,231
10% CONTINGENCY $ 13,723
TOTAL $150,954
May 15, 2018 - Page 120 of 131
The total estimated cost of the short-term actions is approximately $151K. The current fund
balance in the Vail Nature Center RETT account (RMT025) is $55,454 creating a projected
budget shortfall of $95,500. This total does not include improvements for ADA compliance or
design and engineering fees for the next phase of community engagement and design for the
VNC and ADA compliance. Staff is currently completing the scope of work and proposed fee
structure for the next phases of the VNC project will return to the Town Council with an
additional budget request at a later date.
IV. TOWN COUNCIL REQUEST
Staff requests the Town Council approve a supplemental budget in the amount of $95,500 for
the VNC project bring the total current budget to $151,000.
VI. RECOMMENDATION
Staff recommends the Town Council approve a supplemental budget in the amount of $95,500
for the VNC project bringing the total current budget to $151,000.
Town of Vail Page 2
May 15, 2018 - Page 121 of 131
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Renewal of TI GA Transit Advertising Agreement
PRESENTER(S): Greg Clifton, Town Manager and Matt Mire, Town Attorney
BACKGROUND: Current advertising agreement renewal date is May 30, 2019. Per Council's
request, this amended contract will renew for a period of three years.
ATTACHMENTS:
Description
TIGAAgreement
May 15, 2018 - Page 122 of 131
ADVERTISING AGREEMENT
THIS ADVERTISING AGREEMENT (the "Agreement") is made and entered into
as of May , 2018 (the "Effective Date"), by and between the TOWN OF VAIL, a
Colorado home rule municipal corporation with an address of 75 South Frontage Road,
Vail, CO 81657 (the "Town"), and TIGA ADVERTISING, INC., a Colorado corporation
with an address of P.O. Box 268, Vail, CO 81658 ("Tiga") (each a "Party" and
collectively the "Parties").
WHEREAS, Tiga wishes to use Town buses and bus stop structures for
advertising; and
WHEREAS, in exchange for compensation, the Town wishes to grant Tiga the
exclusive right to use Town buses and bus stop structures for advertising.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. GRANT
The Town hereby grants to Tiga the exclusive right and privilege to solicit and
sell commercial advertising and advertising space in the interior of all Town buses and
bus stop structures located within the Town. The Town will make its best effort to
provide as much display space as is reasonably possible.
II. TERM AND TERMINATION
A. Term. The term of this Agreement shall be a period of 3 years
commencing on the Effective Date.
B. Termination for Convenience. This Agreement may be terminated for
convenience by either Party upon written notice to the other Party. If such notice is
provided between May 2 and November 1, termination shall take effect the following
May 1. If notice is provided between November 2 and May1, termination shall take
effect the following November 1. The Town agrees to honor any advertising contracts in
place at the time of termination for convenience.
C. Termination for Cause. This Agreement may be terminated for cause
when either Party fails to perform any obligation under this Agreement and fails to
remedy the same within 30 days after written notice. The termination shall be effective
immediately upon written notice.
III. FEE
A. Calculation. To compensate the Town for the rights granted in this
Agreement, Tiga agrees to pay to the Town an annual fee of $72,000 or 55% of gross
annual revenues, whichever is greater (the "Fee"). For purposes of this Section, "gross
revenues" means the gross receipts received from advertisers for the display of their
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advertisements on the spaces and locations governed by this Agreement, subject to the
following deductions:
1. A commission not exceeding 15% of the payments billed by Tiga to
advertisers where 15% is actually paid or retained by advertising agencies.
2. A commission not exceeding 12.75% where actually paid to a national or
regional representative advertising agency for "ship -in" business.
3. The amount of any sales, use, occupational and similar taxes imposed
upon Tiga for activities performed under this Agreement.
B. Pricing. Tiga shall have full control of the prices to be charged for
advertising and the terms, conditions, and manner of payment by advertisers. Tiga
shall not be responsible to the Town for the default of any advertiser, provided that Tiga
shall take all reasonable steps to obtain payment of all monies due and unpaid,
including the prosecution of necessary legal action.
C. Public Service Announcements. For the purpose of avoiding unfilled
spaces, upon the Town's written request, Tiga shall display public service
announcements in any unfilled spaces at no cost to the Town or reduction in revenue
share. A public service announcement (PSA), or public service ad, is a message in
the public interest disseminated without charge, with the objective of raising
awareness, changing public attitudes and behavior towards a social issue.
D. Town Advertising. For the purpose of avoiding unfilled spaces, upon the
Town's written request, Tiga shall display Town advertising in any unfilled spaces. The
Town shall pay for any Town advertising that does not qualify as a public service
announcement at a rate equal to 55% of the rate charged to commercial advertisers or
such other rate as agreed to by the Town and Tiga at the time of the request
E. Annual Statement. On or before January 31 of each year, Tiga shall
annually furnish to the Town's Finance Director a true and accurate statement of all
gross revenues for the preceding year, together with detailed documentation to support
Tiga's calculation of gross revenues. With that statement, Tiga shall also furnish the
rate sheet for the current year. The annual statement shall also include supporting
documentation for advertising purchases made by the Town, such as a signed order
form with duration and price of advertising.
F. Payment. On or before January 31 of each year, Tiga shall pay to the
Town's Finance Director the Fee for the preceding year. If full payment is not timely
received, Tiga shall pay a penalty equal to the sum of $15.00 or 10% of the total amount
due thereof, whichever is greater, plus interest on any delinquent amount at the rate of
1% per month from the date due to the date paid.
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IV. TIGA'S DUTIES
A. Costs. Tiga shall pay all costs incurred in connection with the advertising,
including without limitation solicitation, design, preparation, installation and
maintenance.
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B. Materials, Maintenance and Utilities.
1. Tiga shall provide advertising cards, springs, hooks, and other material
necessary for proper positioning of advertising. Frames shall be supplied and
installed in buses by the Town. The Town Manager shall have the right to reject
and prohibit the installation of or compel the removal of any advertising
determined, in the Manager's absolute discretion, not suitable for display on
Town property.
2. Tiga shall maintain all displays in good condition and in complete repair,
provided that Tiga shall not be responsible for regular maintenance of buses and
bus stops as performed by the Town. Tiga will have access to the buses as
agreed to by the Fleet Superintendent or the Transportation Manager taking into
consideration Tiga's need to access the buses and the Town's need to maintain
the security of its facilities.
3. Upon Tiga's request, the Town may furnish electrical outlets and power to
bus stop structures. Tiga shall pay to the Town cost of the installation of said
outlets and the cost of the electrical current used by said outlets in the
illumination or operation of any advertising material or display installed by Tiga.
Tiga shall provide and install at its expense all bulbs and tubes.
C. Books. Tiga shall establish and maintain a bookkeeping system
satisfactory to the Town's Finance Director. Tiga shall keep true and complete records
and accounts of all revenue and business transacted, including without limitation sales
slips, cash register tapes, sales books, bank books, duplicate deposit slips, and other
evidence of gross revenue. Tiga shall allow any authorized representative of the Town
access to such books and records during regular business hours. Tiga shall maintain
such books and records for at least 5 years after termination or expiration of this
Agreement.
D. Audit. The Town shall have the right, at the Town's cost, to audit Tiga's
books and records relating to this Agreement. Tiga shall produce such books and
records for examination by the Town within 30 days of written notice of the audit. If the
Town, at Tiga's written request, agrees to make such audit on Tiga's premises, then
Tiga agrees that it will, upon demand, reimburse the Town for the actual costs incurred
in sending Town auditors to Tiga's premises. If the audit reveals that the gross
revenues were understated by more than 1%, Tiga shall reimburse the Town for the
cost of the audit. Tiga agrees that the Finance Director of the Town may inspect any
sales tax return or report, and accompanying schedules and data concerning the
concession, which Tiga may file with the State of Colorado, and Tiga waives any claim
of confidentiality which it may have in connection therewith.
E. Compliance with Laws. Tiga agrees to conduct its activities under this
Agreement in accordance with all applicable laws, ordinances rules and regulations,
and shall pay promptly all applicable taxes, license fees and permit fees.
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V. INSURANCE
A. Tiga agrees to procure and maintain, at its own cost, a policy or policies of
insurance sufficient to insure against all liability, claims, demands, and other obligations
assumed by Tiga pursuant to this Agreement. At a minimum, Tiga shall procure and
maintain, and shall cause any subcontractor to procure and maintain, the insurance
coverages listed below, with forms and insurers acceptable to the Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests
provision, and shall include the Town and the Town's officers, employees, and
contractors as additional insureds. No additional insured endorsement shall
contain any exclusion for bodily injury or property damage arising from completed
operations.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the
Town. In the case of any claims -made policy, the necessary retroactive dates and
extended reporting periods shall be procured to maintain such continuous coverage.
Any insurance carried by the Town, its officers, its employees or its contractors shall be
excess and not contributory insurance to that provided by Tiga. Tiga shall be solely
responsible for any deductible losses under any policy.
C. Tiga shall provide to the Town a certificate of insurance as evidence that
the required policies are in full force and effect. The certificate shall identify this
Agreement.
VI. INDEMNIFICATION
A. General. Tiga agrees to indemnify and hold harmless the Town and its
officers, insurers, volunteers, representatives, agents, employees, heirs and assigns from
and against all claims, liability, damages, losses, expenses and demands, including
attorney fees, on account of injury, loss, or damage, including without limitation claims
arising from bodily injury, personal injury, sickness, disease, death, property loss or
damage, or any other loss of any kind whatsoever, which arise out of or are in any
manner connected with this Agreement if such injury, loss, or damage is caused in
whole or in part by, the act, omission, error, professional error, mistake, negligence, or
other fault of Tiga, any subcontractor of Tiga, or any officer, employee, representative,
or agent of Tiga, or which arise out of a worker's compensation claim of any employee
of Tiga or of any employee or any subcontractor of Tiga.
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B. Intellectual Property. Tiga represents that it is now or prior to use shall be
the owner of or fully authorized to use any and all words, designs, artwork, names and
slogans used by it in its activities under this Agreement. Tiga agrees to indemnify and
hold harmless the Town and its officers, insurers, volunteers, representatives, agents,
employees, heirs and assigns from any loss, liability cost, expense, suit, or claim for
damages in connection with any actual or alleged infringement of any patent,
trademark, copyright or claim of unfair competition.
VII. ILLEGAL ALIENS
A. Certification. By entering into this Agreement, Tiga hereby certifies that, at
the time of this certification, it does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement and that Tiga will participate in either the E -
Verify Program administered by the United States Department of Homeland Security
and Social Security Administration or the Department Program administered by the
Colorado Department of Labor and Employment to confirm the employment eligibility of
all employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Tiga shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement, or enter into a contract with a subcontractor
that fails to certify to Tiga that the subcontractor shall not knowingly employ or contract
with an illegal alien to perform work under this Agreement.
C. Verification.
1. If Tiga has employees, Tiga has confirmed the employment eligibility of all
employees who are newly hired to perform work under this Agreement through
participation in either the E -Verify Program or the Department Program.
2. Tiga shall not use the E -Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
3. If Tiga obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien who is
performing work under this Agreement, Tiga shall: notify the subcontractor and
the Town within 3 days that Tiga has actual knowledge that the subcontractor is
employing or contracting with an illegal alien who is performing work under this
Agreement; and terminate the subcontract with the subcontractor if within 3 days
of receiving the notice required pursuant to subsection 1 hereof, the
subcontractor does not stop employing or contracting with the illegal alien who is
performing work under this Agreement; except that Tiga shall not terminate the
subcontract if during such 3 days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with
an illegal alien who is performing work under this Agreement.
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D. Duty to Comply with Investigations. Tiga shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the
course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure
that Tiga is complying with the terms of this Agreement.
E. Affidavits. If Tiga does not have employees, Tiga shall sign the "No
Employee Affidavit" attached hereto. If Tiga wishes to verify the lawful presence of
newly hired employees who perform work under the Agreement via the Department
Program, Tiga shall sign the "Department Program Affidavit" attached hereto.
VIII. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado, and any legal action concerning the provisions hereof
shall be brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more
defaults or breaches of this Agreement by the Town shall not constitute a waiver of any
of the other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
D. Third Parties. There are no intended third -party beneficiaries to this
Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class United States
Mail to the party at the address set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Independent Contractor. Tiga is an independent contractor.
Notwithstanding any other provision of this Agreement, all personnel assigned by Tiga
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to perform work under the terms of this Agreement shall be, and remain at all times,
employees or agents of Tiga for all purposes. Tiga shall make no representation that it
is a Town employee for any purposes.
K. No Joint Venture. Notwithstanding any provision of this Agreement, the
Town shall never be a joint venturer in any private entity or activity which participates in
this Agreement, and the Town shall never be liable or responsible for any debt or
obligation of any participant in this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
ATTEST:
Patty McKenny, Town Clerk
By:
STATE OF COLORADO )
) ss.
COUNTY OF )
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
TIGA
The foregoing instrument was subscribed, sworn to and acknowledged before
me this day of , 2018, by as
of Tiga Advertising, Inc.
My commission expires:
(S E A L)
8
Notary Public
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VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment at 9:05 p.m.
TOWN Of UAIL
May 15, 2018 - Page 131 of 131