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HomeMy WebLinkAbout2025-09-02 Agenda and Supporting Documentation Town Council Evening Meeting1.Call to Order (6:00pm) 2.Public Participation (6:00pm) 2.1 Public Participation (10 min.) 3.Consent Agenda (6:10pm) 3.1 August 5, 2025 TC Meeting Minutes 3.2 August 19, 2025 TC Meeting Minutes 3.3 Resolution No. 41, Series of 2025, A Resolution Approving Continuation of the Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program Approve, approve with amendments, or deny Resolution No. 41, Series of 2025. Background: The Town wishes to continue the Timber Ridge Village Employee Housing Unit ("EHU") deed restriction credit program (the "Program") in an effort to attract more buyers to purchase homes at the new Timber Ridge Village. 3.4 Joe's Famous Deli Permission to Proceed Approve, approve with amendments, or deny permission to VAIL TOWN COUNCIL MEETING Evening Session Agenda Vail Town Council Chambers and virtually by Zoom. Zoom meeting link: https://vail.zoom.us/webinar/register/WN_C8FFLrFKT8-dpBM1vaEQNw 6:00 PM, September 2, 2025 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. Public participation offers an opportunity for attendees to express opinions or ask questions regarding town services, policies or other matters of community concern that are not on the agenda. Please 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. Public Participation.pdf 080525 TC Meeting Minutes.pdf 081925 TC Meeting Minutes.pdf 090225 TC FINAL TRV EHU Credit and Exchange Programs Staff Report.docx 2025-41 A Resolution Continuing the Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program.docx 2025-04 A Resolution Approving a Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program.pdf Phase 1 EHU Credit Outline 5.8.25.pdf 1 proceed. Background: The applicant, Alejandra Reynaud of Joe’s Famous Deli, is requesting approval for the use of 67.5 square feet of right-of-way for tables and chairs for patrons of Joe’s Famous Deli located at 288 Bridge Street. As the outdoor patio is on Town property, the Town Council must give the applicant permission to proceed through the process as the land owner. 3.5 Delizioso Permission to Proceed Approve, approve with amendments, or deny permission to proceed. Background: The applicant, Elisabetta and Stephen Virion, are requesting approval for the use of 32 square feet of right-of- way for tables and chairs for patrons of the Delizioso store, located at 100 East Meadow Drive. 4.Action Items (6:10pm) 4.1 Ford Park Entryway Discussion (6:10pm)10 min. Provide feedback to town staff regarding this request to use existing project savings for new projects in Ford Park. If the Council supports all or part of this request, authorize the utilization of the appropriate amounts as presented of fund RFP026 (Ford Park Turf Rehabilitation) for the use completion of Ford Park Entry projects. Presenter(s): Gregg Barrie, Landscape Architect Background: The purpose of this item is to request that the Town Council review a proposal to reallocate savings from the Ford Park Turf Rehabilitation project to five other Ford Park projects. 5.Public Hearing (6:20pm) 5.1 Resolution No. 36, Series of 2025, An Amendment to Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan (West Lionshead) (6:20pm) 5 min. Applicant will be requesting to table Resolution No. 36, Series of 2025 until the September 16, 2025 evening meeting. There will be no presentation and public comment will not be taken. Presenter(s): Matt Gennett, Director of Community Development Background: The applicant, comprised of the Town of Vail, East West Partners, and Vail Resorts, is requesting the Vail Town Council amend Section 5.17 ‘Ever Vail’ and pertinent Council Memo 9-2-25 - Joes Deli.pdf Attachment A. Site Plan.pdf Attachment B. Photos.pdf Council Memo 9-2-25 - Delizioso.pdf Attachment A. Outdoor Seating Request.pdf Attachment B. Site Plan 9-2-25.pdf Attachment C. Photos 9-2-25.pdf Ford Park Entry Projects - Town Council Memorandum - 9-2-25.pdf 2 sections of the Lionshead Redevelopment Master Plan (LRMP). 6.Adjournment 6:25pm (estimated) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vail.gov. 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 970-479-2460 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. 3 AGENDA ITEM NO. 2.1 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Citizen Participation AGENDA SECTION:Public Participation (6:00pm) SUBJECT:Public Participation (10 min.) SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Public Participation.pdf 4 From:CCC To:Council Dist List Subject:Breckenridge becomes first mountain resort community in Colorado to get DarkSky certification Date:Tuesday, September 2, 2025 4:47:59 PM Breckenridge becomes first mountain resort community in Colorado to get DarkSky certification https://share.google/i2opLwH4dRnLSo51F Let’s have Vail be the second or third DarkSky resort. Charlyn Canada (970)471-0323 Sent from my iPhone 5 From:J. Brian Little To:Council Dist List; PublicInputTownCouncil Cc:Matt Gennett; Greg Roy Subject:West Lionshead Development- Please Reconsider Date:Tuesday, September 2, 2025 9:58:55 AM Hello, As a business owner and resident here in Vail I would like to ask you to please reconsider changing the Lionshead master plan to allow for the developers to drastically change the vision that was originally planned there. When the Ever Vail was first proposed not only was it going to create a more vibrant area for tourists and residents alike, but there would be more of a sense of community as well as overall public benefit. I feel like all that is all gone now.. The new West Lionshead proposal gets rid of all the "good stuff" the Ever Vail had planned: -No more big 4 star hotel -Much less public parking- basically nothing in the new plan (only enough to serve what’s there) vs 400 surplus spaces in the Ever Vail -The 12,000 square foot family friendly recreational facility with huge 80 foot climbing wall run by the Vail Recreation District is now a utilitarian "event space" -The park, extra green spaces and an amphitheater is replaced with a “ski beach” -No more pick up drop off area for DEVO -Ambiguous language on whether the gondola will be a real portal to the top of the mountain with a mid-station at the top of the cascade lift vs what could potentially be just a gondola to nowhere (like at the Westin in Avon) -Ambiguous language on employee housing vs a surplus in the first proposal -Much less density of shops and restaurants -The new proposal eliminates the underground vehicle maintenance facility and warehouse for Vail mountain -Where are all the Vail Mountain employees going to park? Please consider these differences in the two projects when weighing the public benefit to changing the master plan. We are not against developing the area and would like to see it done in the right way that benefits everyone, not just a few real estate interests. Thank You For Your Time, J. Brian Little Executive Chef/ Owner The Little Diner 616 W. Lionshead Cir., Ste. 204 Vail, CO 81657 C: (970)331-6069 W: (970)476-4279 thelittlediner@hotmail.com www.thelittlediner.com 6 From:Bob Aubrey To:Council Dist List Subject:Regarding Concert Hall Plaza Date:Tuesday, September 2, 2025 6:26:49 AM 2nd of September 2025 Good morning Vail Town Council, Concerning the new development proposal of Concert Hall Plaza, this past Labor Day holiday really hits home. Not only are all of the businesses located within the plaza staples of our community, but these are some of the last local businesses that not only provide a unique experience to visitors, but provide the needed employment that keep Lionshead (and Vail itself) running. Honestly, I can’t imagine a scenario where tearing down this plaza (a structure that was overbuilt decades ago to stand the test of time) would be beneficial in any way to our community. The loss of employment for so many people that depend on the steady paychecks, and flexibility of the owners to help their employees through the offseasons, would be a loss that I don’t believe we could recover from. During a time where the opportunity for housing for locals is at a minimum, thanks to personal greed throughout our community (Excessive property ownership by a small handful of developers, combined with the explosion of Air B and B). Now is not the time to take away so many hard working local’s employment for the benefit of another outside developer with dollar signs in their eyes. Concert Hall plaza really is one of the final remaining heartbeats of what Vail once was. Do we really need more chain stores and high end establishments? Or will we be happy when the next corporate retail store, or eatery replaces a local establishment that, well… IS A VAIL ESTABLISHMENT. Businesses that have been a part of our history, our community and its livelihood deserve that chance to continue that tradition and not be swept away by dollar signs.. Overdevelopment can really be a cancer to the soul and livelihood of a resort community. I think it’s time we ask ourselves, “When is enough enough?” -Thank you for your time and consideration, Robert “Bob” Miles Aubrey II 1300 N Frontage Road W #5132 Vail, CO 81657 (970) 331-1037 Bobaubrey@Gmail.com 7 From:Nina Landes To:PublicInputTownCouncil Subject:Revise Vail Commons Housing Lottery Criteria for Longevity and Income Requirements Date:Monday, September 1, 2025 10:27:13 AM Below is a link to an online petition to add longevity requirements and income consideration back into the Vail Commons Housing Lottery Criteria. https://chng.it/M9CkHZn6MS Vail Commons represents a unique lifeline for lower-income residents in the Town of Vail — it stands as the only affordable deed-restricted property where owning a home is within reach for many struggling families and individuals. Currently, the Vail Commons lottery does not account for the longevity of employment or residency in Vail, nor does it prioritize those who earn 140% of the Area Median Income (AMI) or less. Adding preference points for individuals who have long been committed to living and working here would reward dedication to the community and ensure that our hardworking residents are not left out in the cold. To maintain the character and vibrancy of Vail, the people who sustain our local economy should have a fair chance at home ownership. By revisiting the affordable housing lottery criteria, the town can make thoughtful changes that reflect the unique needs of Vail's community. Introducing preference points for employment and residency history, as well as income considerations, offers a more inclusive and equitable system that better serves our local population. Vail is more than just a beautiful town; it is a thriving community built on the contributions of its long-term residents. I urge town officials to take action and revise the Vail Commons Affordable Housing Lottery Requirements, ensuring that they align with the needs and realities of our community members. Let's work together to preserve the fabric of our town and support those who make Vail what it is today. Thank you, Nina Landes Vail Commons Resident 8 September 1st 2025 Labor Day Announcing the Concert Hall Plaza Small Business Association Happy Labor Day From Concert Hall Plaza! We’re excited to introduce the Concert Hall Plaza Small Business Association (CHP SBA) — a coalition of local, independent businesses in Lionshead committed to preserving our community character, supporting a year-round economy, and ensuring small local businesses remain at the heart of Vail. That commitment was echoed by Chris Romer, President/CEO of Vail Valley Partnership, the reg ional chamber of commerce representing Eagle County, who said, “On behalf of Vail Valley Partnership, we applaud the Concert Hall Plaza Small Business Association and their dedication to community. Entrepreneurs and small business owners supporting other entrepreneurs and small business owners harkens back to the early days of Vail when everyone pitched in together to build something special. It’s heartening to see these local businesses work together in a collaborative manner.” The Association brings together longtime independent businesses including The Little Diner, Lost Heaven/Beyond Sushi Thai, Alpen Dogs, Black Tie Ski & Bike Rentals, Big Mountain Tuning, Ski & Bike Valet & Lockers, Sunshine Massage Studio, Vail Transport Towing, and Lexington Radiology. Founding Members Include Brian & Peg Little – The Little Diner Katie & Adam Bristow – Black Tie Ski & Bike Rentals / Big Mountain Tuning Yang He– Lost Heaven / Beyond Sushi Thai Carlos Diaz – Casa Jalisco Samantha Sunshine – Sunshine Massage Studio Brandon Le Blanc – Vail Transport and Towing Tommy Neynes – Ski Valet / Bike Valet & Lockers Dr. Eric Fitzcharles / Lexington Radiology Together, this team will advocate for a vibrant, mixed-use future for Lionshead that honors our history, supports our residents and workforce, and keeps Vail’s small-business spirit thriving. With appreciation and local vibes, Your friends at the Concert Hall Plaza Small Business Association (CHP SBA) ConcertHallPlaza@gmail.com616 W. Lionshead Circle, Vail@Keepconcerthallcool 9 Lexington Radiology Owned by: Years in Business: Dine in or call to order/join waitlist!Brian & Peg Little Years in Business: Owned by: thelittlediner.com970-476-4279The Little Diner Call or message online!Owned by: skivalet.net970-476-7770Ski & Bike Valet & Lockers Alpendogs Owned by: Years in Business:970-476-5020alpendogs.com Brian & Peg Little Stop by for a bite!Now Open! Big Mountain Tuning970-237-4944info@bigmountaintuning.com Owned by:Years in Business:Adam & Katie Bristow7 years Call or come on in for a tuning! Years in Business: Owned by: opentable.com970-763-5107 Dine In or reserve on Open Table! Mexican Cuisine Casa Jaslico Years in Business: Owned by:Call or message to book!Samantha Sunshine sunshinemassagestudio.com970-300-3427Sunshine Massage Studio Black Tie Ski & Bike Rentals970-748-8552Vail@blacktieskisvail.com Owned by: Years in Business:17 years Call, message, or book online! Dine in, DoorDash, or call to order! Chinese & Pan-Asian Cuisine Years in Business: Owned by: lostheavenvail.com970-688-5158 Lost Heaven For 24/7 service, call 970-471-6111!Years in Business: Owned by:970-471-0983dispatch@vailtransport.com Vail Transportation Towing Concert Hall PlazaConcert Hall Plaza Business DirectoryBusiness Directory 616 W Lionshead Circle, Vail616 W Lionshead Circle, Vail ConcertHallPlaza@gmail.com Merch Instagram Facebook 3 years Brandon Le Blanc Adam & Katie Bristow 2 years Carlos Diaz Yang He Tommy Neynes Dr. Eric Fitzcharles We’d love to hear from you and scan to follow along and support your new SBA! 34 YearsYears in Business: 17 years 7 Years 10 Years Call, message, or book online!25+ Years 10 Collective Employee Count Concert Hall PlazaConcert Hall Plaza Stats & SuchStats & Such 616 W Lionshead Circle, Vail616 W Lionshead Circle, Vail Merch Instagram Facebook We’d love to hear from you and scan to follow along and support your new SBA! Collective Customer Database Count Collective Yrs Living in the Valley Collective Years in Business Collective 5 Star Reviews 100 + years 2,500+ 85 +100 + years Data loading..* *Waiting to hear from all Owners 11 Email Address Facebook Page Instagram Merch Store Sent on Labor Day! Public StatementLogo We’d love to hear from you and scan to follow along and support your new SBA! Concert Hall PlazaConcert Hall Plaza A week in Review A week in Review Concerthallplaza@gmail.com 8/25 -9/18/25 -9/1 -Tool for the businesses to share Tool for the businesses to showcase their services & connect with a their collective audience & share the jounrey ahead. Gangs all here! A fun way to show some spunk! We plan to hire a content creator with any profits made. Tool for the businesses to showcase their services & connect with a their collective audience & share the jounrey ahead. Merch Instagram Facebook 12 Hold our First CHP-SBA Member Meeting Create Mission Statement Discuss Roles & Goals Discuss SBA Membership Program Internal Ops External Ops Social HR Considering Halloween Party Consider Ski Season Kick Off Event Marketing/EventsCustomer Service We’d love to hear from you and scan to follow along and support your new SBA! Concert Hall PlazaConcert Hall Plaza Whats up next...Whats up next... SeptemberSeptember Share Collective Job Openings Consider CHP Ambassador Program Considering CHP Employee of the Month Attend Town Meeting of All Kinds & Report Back To Group Keep doing what we do best! ...and get ready for another great winter! Consider Hiring Content Creator Grow Audience Share CHP Experiences Merch Instagram Facebook Support our SBA Community as they navigate change Open SBA up to public 13 We’d love to hear from you and scan to follow along and support your new SBA! Concert Hall PlazaConcert Hall Plaza Seeing Stars Seeing Stars The CHP Google Listing was unclaimed or managed as of last week. We can monitor & support the community however we can! Google Listing Merch Instagram Facebook 14 AGENDA ITEM NO. 3.1 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:August 5, 2025 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 080525 TC Meeting Minutes.pdf 15 Town Council Meeting Minutes of August 5, 2025. Page 1 Vail Town Council Meeting Minutes Tuesday, August 5, 2025 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Coggin. Members present: Travis Coggin, Mayor Barry Davis, Mayor Pro Tem Pete Seibert Jonathan Staufer Dave Chapin Reid Phillips Samantha Biszantz Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Stephanie Kauffman (Bibbens), Town Clerk Matt Mire, Town Attorney 1. Call to Order 2. Public Participation Public Participation began at time stamp 0:00:20 on the High Five video. Tim McMahon, a Town of Avon resident, thanked the Vail Town Council for their contribution to the Rodeo Rink. Kate Manly, a Town of Vail resident, suggested a tiered business license program and a targeted living wage requirement could help small businesses. 3. Any Action as a result of executive Session There was none. 4. Consent Agenda Consent agenda began at time stamp 0:01:42 on the High Five video. Staufer motioned to add Action Item 5.2, Resolution No. 35, Series of 2025, to the Consent Agenda; Davis seconded motion passed (7-0). 4.1 Resolution No. 34, Series of 2025 A Resolution of the Vail Town Council Approving an Intergovernmental Agreement with Eagle County Regarding the November 4, 2025 16 Town Council Meeting Minutes of August 5, 2025. Page 2 Coordinated Election and Appointing the Town Clerk as the Town's Designated Election Official Approve, approve with amendments, or deny Resolution No. 34, Series of 2025. Background: The Town of Vail wishes to enter into an Intergovernmental Agreement with Eagle County Clerk and Recorder for the purpose of conducting a coordinated election on November 4, 2025. 4.2 Resolution No. 35, Series of 2025, A Resolution Approving a Development Agreement between the Town of Vail and Vail Land Partners LLC Approve, approve with amendments, or deny Resolution No. 35, Series of 2025. Background: Vail Land Partners LLC filed an application for approval of a major amendment to Special Development District No. 4, to approve an amended Development Plan for Area A, Cascade Village. Vail Land Partners LLC and the Town wish to enter into the Agreement to facilitate the Development. 4.3 Letter of Support for Preservation of Shoshone Water Rights Direct staff to express support for the Colorado Water Conservation Board's efforts to preserve the historic Shoshone Water rights as permanent in-stream flows in the form of the attached letter of support and by signing on to a joint letter drafted by Eagle River Water & Sanitation District. Background: The Shoshone Water Rights initiative will face an important milestone on August 9 as it seeks a decision from Colorado Water Conservation Board Davis made a motion to approve the Consent Agenda as read; Staufer seconded motion passed (7-0). 5. Presentation/Discussion Due to time constraints in the afternoon session, the Arrive Vail Conception Design Discussion was moved to the evening agenda. 5.1 Arrive Vail Concept Design Discussion Arrive Vail Concept Design Discussion began at time stamp 00:02:15 on the High Five video. Presenter(s): Tom Kassmel, Acting Director of Public Works and Transportation Listen to presentation and provide feedback. Background: The Town of Vail has hired the 4240 Architecture design team to develop concept designs for the Arrive Vail Project. The design team will present layout, bulk and massing concept designs for review and feedback. 17 Town Council Meeting Minutes of August 5, 2025. Page 3 6. Action Items 6.1 Resolution 32, Series of 2025 A Resolution of the Vail Town Council Submitting a Ballot Issue to the Registered Electors of the Town at the Town's Regular Election on November 4, 2025 Discussion for Resolution No. 32, Series 2025 began at timestamp 0:37:15 on the High Five video. Presenter(s): Carlie Smith, Director of Finance; Lauren Noll, Revenue Manager Approve, approve with amendments, or deny Resolution No. 32, Series of 2025. Background: In 2024 Town Council set a goal to have short-term rentals contribute financially to housing. After exploring a potential fee, Council surveyed voters about an STR tax dedicated for housing programs, projects, and initiatives. With favorable feedback from voters, Council requested staff prepare a resolution to place the measure on the November 2025 ballot. Public comment was called at time stamp 00:42:45 on the High Five video. Davis made a motion to approve; Staufer seconded motion passed (7-0). 6.2 Contract Award to Coleman Custom Homes LTD for Gore Creek Promenade Construction Discussion of the Contract Award for Gore Creek Promenade Construction began at time stamp 01:03:59 on the High Five video. Presenter(s): Gregg Barrie, Landscape Architect 1. Authorize the Town Manager to enter into a construction agreement with Coleman Custom Homes, Ltd in an amount not to exceed $ 1,500,000 for the construction of the Gore Creek Promenade Renewal project. 2. In 2025 $ 1,078,450 is budgeted for the Promenade Project and $ 1,000,000 is budgeted for this project in 2026. Staff is requesting to move forward the 2026 Funds to 2025 in the next Budget Supplemental. Background: The purpose of this agenda item is to request that the Town Council award a construction contract to Coleman Custom Homes for the construction of the Gore Creek Promenade Renewal project. 7. Public Hearings Due to engaging in consulting work on this project, Coggin and Phillips recused themselves from Resolution No. 33, Series of 2025 Public Hearing. 18 Town Council Meeting Minutes of August 5, 2025. Page 4 7.1 Resolution No. 33, Series of 2025, An Amendment to Section 5.7.5 of the Lionshead Redevelopment Master Plan (Lions Pride) Discussion for Resolution No. 33, Series of 2025 began at time stamp 01:43:49 on the High Five video. Presenter(s): Greg Roy, Planning Manager Approve, approve with amendments, or deny Resolution No. 33, Series of 2025. Background: Section 5.7.5 is a specific section of the Lionshead Redevelopment Master Plan (LRMP) that refers to the Lions Pride building and parking deck located at 500 and 534 East Lionshead Circle. The applicant wishes to modify the LRMP to take out the sentence noting the existing spaces must be replaced under a proposed structure. In the proposed amendment additional language would be added that points to other sections of the LRMP that support not requiring additional parking as it would be contradictory to the LRMP overarching goal of promoting redevelopment. Public comment was called at time stamp 01:24:00 on the High Five video. There was none. Chapin made a motion to approve; Staufer seconded motion passed (5-0 Coggin and Phillips recused themselves). Due to having a financial interest in the Vail Village Inn, Staufer recused himself from 7.2 and 7.3 Public Hearings. 7.2 Ordinance No. 15, Series of 2025, Second Reading, An Ordinance Amending Title 12 of the Vail Town Code to Create the Vail Village Inn (VVI) Zone District and Making Corresponding Edits to Other Sections of Title 12 Discussion for Ordinance No.15, Series of 2025, second reading began at time stamp 01:25:19 on the High Five video. Presenter(s): Greg Roy, Planning Manager Approve, approve with amendments, or deny Ordinance 15, Series of 2025 upon second reading. Background: The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing to amend Section 12-12-2 Definitions and a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. The proposed text amendment would revise the definitions of site coverage and landscaping. Public comment was called at 1:26:15 on the High Five video. 19 Town Council Meeting Minutes of August 5, 2025. Page 5 Chapin made a motion to approve; Seibert seconded motion passed (6-0 Staufer recused himself) 7.3 Ordinance No. 16, Series of 2025, Second Reading, An Ordinance Rezoning 68 East Meadow Drive, Vail Village Filing 1, Block 5D, Lot O and 100 East Meadow Drive, Vail Village Filing 1, Block 5D Lot M and O, to Vail Village Inn (VVI) Discussion on Ordinance No. 16, Series of 2025, second reading began at 01:30:02 on the High Five video. Presenter(s): Greg Roy, Planning Manager Approve, approve with amendments, or deny Ordinance 16, Series of 2025 upon second reading. Background: The applicant, the Village Inn Plaza Condominium and Vail Plaza Condominiums, is proposing a Zone District Boundary amendment pursuant to 12-3-7 Amendment, Vail Town Code to apply the proposed Vail Village Inn (VVI) zone district to the properties located at 68 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot O and 100 E Meadow Drive/Vail Village Filing 1, Block 5D, Lot M and O. Public comment was called at time stamp 01:30:53 on the High Five video. Chapin made a motion to approve; Davis seconded motion passed (6-0, Staufer recused himself). There being no further business to come before the council, Davis made a motion to adjourn the meeting; Chapin seconded; meeting adjourned at 7:34pm. Respectfully Submitted, Attest: __________________________________ Travis Coggin, Mayor ______________________________ Stephanie Kauffman, Town Clerk 20 AGENDA ITEM NO. 3.2 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:August 19, 2025 TC Meeting Minutes SUGGESTED ACTION: VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 081925 TC Meeting Minutes.pdf 21 Town Council Meeting Minutes of August 19, 2025. Page 1 Vail Town Council Meeting Minutes Tuesday, August 19, 2025 6:00 P.M. Vail Town Council Chambers The meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Pro Tem Davis. Members present: Barry Davis, Mayor Pro Tem Pete Seibert Jonathan Staufer Dave Chapin Samantha Biszantz Members absent: Travis Coggin, Mayor Reid Phillips Staff members present: Russell Forrest, Town Manager Kathleen Halloran, Deputy Town Manager Stephanie Kauffman (Bibbens), Town Clerk Matt Mire, Town Attorney 1. Call to Order 2. Public Participation Public Participation began at time stamp 0:00:16 on the High Five video. Tim McMahon, a Town of Avon resident, asked about the status of a plan for when I-70 closes, improving cameras in Vail Village and about a police or security presence at the Vail Transportation Center and also asked about regulations regarding e-motorcycles. 3. Any action as a result of Executive Session. Any action as a result of Executive Session began at 0:05:57 on the High Five video. Davis stated Town Council members voted to add Resolution No. 40, Series of 2025, a Resolution Approving a Settlement Agreement and Release between Danielle Seewalker and the Town of Vail to the consent agenda at the end of the afternoon meeting 4. Consent Agenda Consent agenda began at 00:05:29 on the Hight Five video. 4.1 July 1, 2025 TC Meeting Minutes 22 Town Council Meeting Minutes of August 19, 2025. Page 2 4.2 July 15, 2025 TC Meeting Minutes 4.3 Resolution No. 37, Series of 2025, A Resolution of the Vail Town Council Certifying that Money Received from the State Peace Officer Training and Support Fund will be Used for a Permissible Purpose Approve, approve with amendments, or deny Resolution No. 37, Series of 2025. Background: Colorado Senate Bill 25-310, which will be codified at C.R.S. § 24-33.5-122 and implements Proposition 130, establishes the Peace Officer Training and Support Fund to assist local law enforcement agencies with recruitment, training, and retention of officers, and to provide a death benefit to the families of first responders killed in the line of duty. 4.4 Resolution No. 38, Series of 2025 A Resolution Approving the amendments to the Eagle County 911 Authority Board Approve, approve with amendments, or deny Resolution No. 38, Series of 2025. Background: The Eagle County Emergency Telephone Authority Board has updated their Intergovernmental Agreement. The updated IGA reflects necessary changes and improvements, including clarified Roles and Responsibilities and Extended Term and Renewal Conditions. 4.5 Resolution No. 39, Series of 2025, A Resolution Approving a Funding Agreement between the Vail Mountain Hockey Club (VMHC) and the Town of Vail Approve, approve with amendments, or deny Resolution No. 39, Series of 2025. Background: Vail Mountain Hockey Club intends to construct and install a semi-permanent tent structure at the Eagle County Fairgrounds to house one sheet of ice and the Town wants to participate in funding a portion of the tent structure. 4.6 Resolution No. 40, Series of 2025, A Resolution Approving a Settlement Agreement and Release between Danielle Seewalker and the Town of Vail Approve, approve with amendments, or deny Resolution No. 40, Series of 2025. Background: Danielle SeeWalker filed a lawsuit in the United States District Court for the District of Colorado, Civil Action No. 24-cv-02833-RMR-SBP against the Town; and the parties wish to avoid the expense and vagaries of litigation, and the parties are willing to settle the dispute on the terms set forth in a Settlement Agreement and Release. 4.7 Contract Award to ME Engineers for Dobson Ice Arena Commissioning Contract Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with ME Engineers for the Dobson Ice Arena Commissioning Contract, in an amount not to exceed $80,050. 23 Town Council Meeting Minutes of August 19, 2025. Page 3 Background: As a part of the Dobson Ice Arena Remodel Project the new mechanical, electrical, plumbing (MEP) systems will need to be commissioned and tested by an independent party prior to occupancy. The Town received four proposals for the work. 4.8 Letter of Support for Transit Service Enhancement Grant Authorize Town Staff to apply for grant and for Mayor to sign letter of support. Background: The Town of Vail recently completed a Transit Route Optimization Plan which recommends implementing transit enhancements to meet the current and future needs of the town and to encourage transit use to meet the Council’s Strategic Transportation Goal. Simultaneously the state recently noticed a grant opportunity, SB-230 Transit Service Enhancements grant. Staff recommends applying for this grant to offset transit costs, and signing the letter of support for the grant. Chapin made a motion to approve the consent agenda; Staufer seconded motion passed (5-0, Coggin and Phillips absent). 5. Public Hearings 5.1 Resolution No. 36, Series of 2025, An Amendment to Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan (West Lionshead Master Plan) Discussion for Resolution No. 36, Series of 2025 began at time stamp 00:06:07 on the High Five video. Presenter(s): Matt Gennett, Director of Community Development Approve, approve with amendments, or deny Resolution No. 36, Series of 2025. Background: The applicant, comprised of the Town of Vail, East West Partners, and Vail Resorts, is requesting the Vail Town Council amend Section 5.17 ‘Ever Vail’ and pertinent sections of the Lionshead Redevelopment Master Plan (LRMP). Staufer made a motion to table Resolution No. 36, Series of 2025 to the September 2, 2025 evening Town Council meeting; Seibert seconded motion passed (5-0, Coggin and Phillips absent). 6. Public Participation Mayor Pro Tem Davis reopened Public Participation due to tabling Item 5.1 at time stamp 00:09:19 on the High Five video. Tim Robinson, owner of Lionshead Liquors, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. 24 Town Council Meeting Minutes of August 19, 2025. Page 4 Alex Sciaruto expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. Kevin Fitzpatrick, a Town of Vail resident, asked why the amendment of the Lionshead Master Plan with regard to West Lionshead included a mention of Concert Hall Plaza. Laura Fitzpatrick, a Town of Vail resident, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. Brandon Sees, a Town of Vail resident, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. Susan Catalano, a Town of Vail resident, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. Brian Little, owner of the Little Diner, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. Tim McMahon, a Town of Avon resident, expressed concerns with the potential removal of a transit stop at Concert Hall Plaza. There being no further business to come before the council, Staufer made a motion to adjourn the meeting; Seibert seconded; meeting adjourned at 6:23pm. Respectfully Submitted, Attest: __________________________________ Barry Davis, Mayor Pro Tem ______________________________ Stephanie Kauffman, Town Clerk 25 AGENDA ITEM NO. 3.3 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Stephanie Bibbens, Housing ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Resolution No. 41, Series of 2025, A Resolution Approving Continuation of the Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 41, Series of 2025. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 090225 TC FINAL TRV EHU Credit and Exchange Programs Staff Report.docx 2025-41 A Resolution Continuing the Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program.docx 2025-04 A Resolution Approving a Town of Vail Timber Ridge Village Employee Housing Unit Deed Restriction Credit Program.pdf Phase 1 EHU Credit Outline 5.8.25.pdf 26 To: Vail Town Council From: Jason Dietz, Housing Director Anna Bengtson, Housing Development Specialist Date: September 2, 2025 Subject: Proposed Timber Ridge Village Employee Housing Unit Deed Restriction Credit and Exchange Programs 1. PURPOSE In January 2025, the Town approved the development and implementation of a Timber Ridge Village Employee Housing Unit Credit Program (Credit Program, see attached Resolution No. 4, Series of 2025 and Phase I Credit Program Outline). The purpose of the Credit Program was to allow new development applicants to meet Commercial Linkage and/or Inclusionary Zoning employee housing mitigation requirements through the purchase of deed restricted Timber Ridge Village units. Phase I of the Credit Program closed at midnight on August 11, 2025. Town Staff are proposing an extension of the Credit Program to continue encouraging home purchases in Timber Ridge Village as well as investment in the Vail community. With this same goal in mind, Town Staff are also recommending the development of a Timber Ridge Village Employee Housing Unit Exchange Program. 2. BACKGROUND The Timber Ridge Village project is creating 302 new deed restricted homes in Vail. This is a significant step toward the Town’s goal to “acquire 1,000 additional resident housing unit deed restrictions by the year 2027” (Vail Housing 2027 Strategic Plan). Town Staff are interested in further leveraging employee housing unit credit and exchange tools outlined in the Vail Town Code to help incentivize additional Timber Ridge Village home sales. Employee Housing Unit Credit Program Sections 12-23-7 and 12-24-7 of the Vail Town Code allow deed restricted property owners to receive and “bank” credits for employee housing units (EHUs) developed in anticipation of future Commercial Linkage and/or Inclusionary Zoning obligations. Applying this concept to support Timber Ridge Village home sales, the Timber Ridge Village EHU Deed Restriction Credit Program went into effect on May 12, 2025 (Credit Program, see attached Phase I Timber Ridge Village EHU Credit Program Outline). The Credit Program made 86,500 square feet of Timber Ridge Village EHU credits available for acquisition with pricing commensurate to the type of credit and the type of unit purchased. While the first phase of the Credit Program was open, fifteen credits totaling 19,112 square feet were purchased. Fourteen of the credits were purchased on 3-bedroom, 2-bath units that were already under contract, ten of which were purchased by Habitat for Humanity of the Vail Valley. 27 Town of Vail Page 2 All fourteen of these credits are assignable and were assessed the associated 7.5% premium. The only new sale driven by the Credit Program was for a studio unit with garage parking. The credit for the new sale is non-assignable. The Town has received $434,181.80 in deposits for the purchased credits. Based on credit sales to date, the total value of the Credit Program to the Town will be $2,170,908.98. Due to ongoing interest from the Town as well as development applicants to incentivize new sales, Town Staff is proposing a second phase of the Credit Program. The second phase proposal includes three key changes: (A) Pricing: Town Staff is recommending that the Program utilizes a 10% flat fee added to the retail purchase price of Studio, 1-Bedroom, 2-Bedroom, and 3-Bedroom units to acquire an EHU deed restriction credit. There would continue to be no fee added to the retail purchase price to receive a credit for a 4-Bedroom unit. (B) Down Payment Assistance: Town Staff is recommending that the 7.5% premium associated with acquiring EHU credit assignability rights is waived when the beneficiary of the credit offers a Qualified Buyer at least a 10-15% down payment assistance grant. (C) Incremental Use of EHU Credits: To be more in line with a true mitigation banking program, Town Staff is recommending a clarification that assignable and non-assignable Timber Ridge Village EHU credits may be applicable on an incremental square footage basis. Continuation of the Timber Ridge Village EHU Deed Restriction Credit Program with the above changes can be authorized via Resolution by Town Council. Employee Housing Unit Exchange Program Employee Housing Unit Deed Restrictions may be exchanged in accordance with Section 12- 13-5 of the Vail Town Code. There are several existing and underutilized EHUs within the Town of Vail. To facilitate both the exchange of these EHUs and provide another avenue to assist with sales at Timber Ridge Village, Town staff is interested in pursuing a Timber Ridge Village EHU Deed Restriction Exchange Program (Exchange Program). The intent would be to utilize funds for EHU exchanges completed through the Exchange Program to be utilized for additional Habitat for Humanity units at Timber Ridge Village. In addition, it would allow for incomes and pricing up to 100% Area Median Income in contrast to the 80% Area Median Income previously used for the Habitat for Humanity units in Timber Ridge Village. The proposed Exchange Program will likely require an amendment to Town Code. As such, it would need to be noticed and presented to the Planning and Environmental Commission for recommendation before returning to the Town Council for decision. 3. ACTION REQUESTED Employee Housing Unit Credit Program Town Staff is requesting approval of Resolution No. 41, Series of 2025 to reopen and extend the Timber Ridge Village EHU Deed Restriction Credit Program with the proposed changes. Employee Housing Unit Exchange Program Town staff is requesting support to draft Town Code language and pursue the Timber Ridge Village Employee Housing Unit Deed Restriction Exchange Program. 28 RESOLUTION N O . 41 Series of 2025 A RESOLUTION APPROVING CONTINUATION OF THE TOWN OF VAIL TIMBER RIDGE VILLAGE EMPLOYEE HOUSING UNIT DEED RESTRICTION CREDIT PROGRAM WHEREAS, the Town wishes to continue the Timber Ridge Village Employee Housing Unit ("EHU") deed restriction credit program (the "Program") in an effort to attract more buyers to purchase homes at the new Timber Ridge Village and bring greater value to Timber Ridge Village homebuyers and Vail community; and WHEREAS, the Program will allow Timber Ridge Village homeowners to acquire, through the purchase, EHU deed restriction credits that can be used by themselves, or transferred, sold, or otherwise assigned to another person or entity to offset a future EHU deed restriction obligation, and thereby allowing the Timber Ridge Village development site to be a receiving site for the acceptance of EHU deed restriction obligations generated elsewhere within the Town of Vail. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby authorizes the Town Manager to administratively amend and extend the Program, in a form approved by Town Attorney, and further authorizes the Town Manager to take any necessary step and to execute any documents required to effectuate the intent of this Resolution. Section 2. The Program shall contain, but is not limited to the following parameters. • EHU credits at Timber Ridge Village shall be acquired through a purchase of a credit. • Not more than 86,500 square feet of EHU credits shall be available for purchase by home buyers. • Individual and business owner home buyers shall be eligible for participation in the EHU deed restriction credit program. • The EHU deed restriction credit shall be purchased at the time of the closing on the original sale of each home from Triumph Development to the first purchaser. Once the original home sale has closed, the Town will no longer offer an EHU deed restriction credit for purchase on the home. • The terms of an EHU deed restriction credit shall be enumerated within the special provisions section of the purchase and sale agreement. Said terms shall be negotiated 29 exclusively between the Town of Vail and the home buyer. Triumph Development shall administer the transaction at the direction of the Town of Vail. • The value of the EHU deed restriction credit shall be exempt from the earnest money down payment calculation of the purchase and sale agreement. • All additional net sales proceeds generated from the EHU deed restriction credit program shall be accrued to the sole benefit of the Town of Vail. The agreements executed by and between the Town of Vail, Triumph Development, and First Bank shall be amended accordingly. • Additional net sales proceeds collected from the EHU deed restriction credit program should be deposited in the Town of Vail Housing Fund to aid in the creation of additional deed restrictions through housing development, acquisitions, programs and initiatives. • The redemption period of all EHU credits purchased through the Timber Ridge Village deed restriction credit program shall expire on December 31, 2035. Any unused credit as of January 1, 2036, shall become null and void. • An EHU credit may be redeemed in full, or in part, during the redemption period. Any unused credit balance shall become null and void as of January 1, 2036. • The Town of Vail reserves the right to terminate the EHU deed restriction credit program at any time at its sole discretion. The Town of Vail, however, shall honor deed restriction credits acquired prior to the termination of the program. • To the extent feasible, the Town of Vail will implement program terms which may allow EHU deed restriction credits to be financeable through a mortgage lender. For instance, all EHU deed restriction credits shall be fully assigned to the mortgage lender without added cost with the assignability provision coinciding with the duration term of the mortgage loan. • The value of the credit to be purchased is commensurate with the terms of the deed restriction, the terms of the credit purchased, and the type of home purchased. For instance, if the credit purchased for a four-bedroom home and is to be freely assignable, transferrable, non-project specific, or without a limited sunset provision, its value is different than if the credit is purchased for a two-bedroom home and cannot be assigned, transferred, or has a limited sunset provision. • The future value of the EHU credit shall be determined based upon the provisions of the Vail Town Code adopted at the time the EHU credit is redeemed. • Recorded EHU deed restrictions or existing deed restriction obligations may be exchanged for new deed restrictions at Timber Ridge Village. • An EHU credit purchased through the Timber Ridge Village Deed Restriction EHU Credit Program, regardless of deed restriction credit terms shall not apply to an EHU exchange. • The Town of Vail Housing Department shall establish an internal accounting system and protocol for tracking and verifying deed restriction credits acquired and redeemed through the EHU deed restriction credit program for the term of the deed restriction. The accounting system shall be audited annually. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town 30 Council of the Town of Vail held this 2nd day of September, 2025. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 31 RESOLUTION NO. 4 Series of 2025 A RESOLUTION APPROVING A TOWN OF VAIL TIMBER RIDGE VILLAGE EMPLOYEE HOUSING UNIT DEED RESTRICTION CREDIT PROGRAM WHEREAS, the Town wishes to adopt an Employee Housing Unit (“EHU”) deed restriction credit program (the “Program”) in an effort to attract more buyers to purchase homes at the new Timber Ridge Village and bring greater value to Timber Ridge Village homebuyers and Vail community; and WHEREAS, the Program will allow Timber Ridge Village homeowners to acquire, through the purchase, EHU deed restriction credits that can be used by themselves, or transferred, sold, or otherwise assigned to another person or entity to offset a future EHU deed restriction obligation, and thereby allowing the Timber Ridge Village development site to be a receiving site for the acceptance of EHU deed restriction obligations generated elsewhere within the Town of Vail. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1.The Town Council hereby authorizes the Town Manager to administratively create and execute the Program, in a form approved by Town Attorney, and further authorizes the Town Manager to take any necessary step and to execute any documents required to effectuate the intent of this Resolution. Section 2. The Program shall contain the following parameters: EHU credits at Timber Ridge Village shall be acquired through a purchase of a credit. Not more than 86,500 square feet of EHU credits shall be available for purchase by home buyers. Individual and business owner home buyers shall be eligible for participation in the EHU deed restriction credit program. Future individual and business owner home buyers, as well as buyers under contract and in good standing at the time of the adoption of the EHU credit program, are eligible for participation. The EHU deed restriction credit shall be purchased at the time of the closing on the original sale of each home from Triumph Development to the first purchaser. Once the original home sale has closed, the Town will no longer offer an EHU deed restriction credit for purchase on the home. The terms of an EHU deed restriction credit shall be enumerated within the special provisions section of the purchase and sale agreement. Said terms shall be negotiated 32 exclusively between the Town of Vail and the home buyer. Triumph Development shall administer the transaction at the direction of the Town of Vail. The value of the EHU deed restriction credit shall be exempt from the earnest money down payment calculation of the purchase and sale agreement. All additional net sales proceeds generated from the EHU deed restriction credit program shall be accrued to the sole benefit of the Town of Vail. The agreements executed by and between the Town of Vail, Triumph Development, and First Bank shall be amended accordingly. Additional net sales proceeds collected from the EHU deed restriction credit program should be deposited in the Town of Vail Housing Fund to aid in the creation of additional deed restrictions through housing development, programs and initiatives. The redemption period of all EHU credits purchased through the Timber Ridge Village deed restriction credit program shall expire on December 31, 2035. Any unused credit as of January 1, 2036, shall become null and void. An EHU credit may be redeemed in full, or in part, during the redemption period. Any unused credit balance shall become null and void as of January 1, 2036. The Town of Vail reserves the right to terminate the EHU deed restriction credit program at any time at its sole discretion. The Town of Vail, however, shall honor deed restriction credits acquired prior to the termination of the program. To the extent feasible, the Town of Vail will implement program terms which may allow EHU deed restriction credits to be financeable through a mortgage lender. For instance, all EHU deed restriction credits shall be fully assigned to the mortgage lender without added cost with the assignability provision coinciding with the duration term of the mortgage loan. The value of the credit to be purchased is commensurate with the terms of the deed restriction, the terms of the credit purchased, and the type of home purchased. For instance, if the credit purchased for a four-bedroom home and is to be freely assignable, transferrable, non-project specific, or without a limited sunset provision, its value is different than if the credit is purchased for a two-bedroom home and cannot be assigned, transferred, or has a limited sunset provision. o The following flat fee values shall be added to the retail purchase price of a home at Timber Ridge Village to acquire an EHU deed restriction credit: Studio – 15% One Bedroom – 25% Two Bedroom – 20% Three Bedroom – 10% Four Bedroom – 10% o An added fee of 7.5% of the retail purchase price of the home shall be applied for an assignability and transferability clause. Mortgage lender assignability shall be automatic and exempt from this fee. o The future value of the EHU credit shall be determined based upon the provisions of the Vail Town Code adopted at the time the EHU credit is redeemed. 33 Recorded EHU deed restrictions or existing deed restriction obligations may be exchanged for new deed restrictions at Timber Ridge Village, subject to the exchange rates established in the Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program. This shall be permitted as an administrative action provided the request complies with the criteria and findings prescribed in 12-13-5(F)(1) and F)(3)(a)(1-7) and (F)(3)(b)(1-4). o No added fees shall apply in the instance of an approved EHU exchange as the required exchange rate multiplier compensates the Town of Vail for the exchange. o An EHU credit purchased through the Timber Ridge Village Deed Restriction EHU Credit Program, regardless of deed restriction credit terms shall not apply to an EHU exchange. The Town of Vail Housing Department shall establish an internal accounting system and protocol for tracking and verifying deed restriction credits acquired and redeemed through the EHU deed restriction credit program for the term of the deed restriction. The accounting system shall be audited annually. All EHU credits purchased shall be documented and recorded with the Eagle County Clerk & Recorder’s Office as an exhibit to the deed restriction. Section 3. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21st day of January, 2025. Travis Coggin, Mayor ATTEST: Stephanie Kauffman, Town Clerk 34 Timber Ridge Village EHU Deed Restriction Credit Program Effective Date of 5/12/2025 Purpose and Use: With the creation of the Timber Ridge EHU Credit Program, the Town is encouraging applicants for new development with an onsite housing requirement to satisfy Inclusionary Zoning and Commercial Linkage mitigation through the purchase of Timber Ridge Village employee housing units instead of providing employee housing units onsite to meet their Inclusionary Zoning and Commercial Linkage obligations and the specific purposes of Title 12 Zoning Regulations. Funds generated from the Timber Ridge EHU Credit Program shall be used to aid in the creation of additional deed restrictions through housing development, programs and initiatives. Individual and business owner home buyers shall be eligible for participation in the EHU deed restriction credit program; this includes buyers under contract and in good standing at the time of the adoption of the EHU credit program. The future value of the EHU credit shall be determined based upon the provisions of the Vail Town Code adopted at the time the EHU credit is redeemed. Recorded EHU deed restrictions or existing deed restriction obligations may be exchanged for new deed restrictions at Timber Ridge Village, subject to the exchange rates established in the Section 12-13-5, Employee Housing Unit Deed Restriction Exchange Program. This shall be permitted as an administrative action provided the request complies with the criteria and findings prescribed in 12-13- 5(F)(1) and (F)(3)(a)(1-7) and (F)(3)(b)(1-4). • No added fees shall apply in the instance of an approved EHU exchange as the required exchange rate multiplier compensates the Town of Vail for the exchange. • An EHU credit purchased through the Timber Ridge Village Deed Restriction EHU Credit Program, regardless of deed restriction credit terms shall not apply to an EHU exchange. Term: Not more than 86,500 square feet of Timber Ridge EHU credits shall be available for acquisition by home buyers. No more than 30,000 square feet of the 86,500 will be available to apply for an assignability clause, to incentivize the purchase of new units. Developments looking to mitigate commercial linkage or inclusionary zoning requirements will be able to utilize assignable credits but will also be encouraged to purchase new contracts to mitigate their code requirements. The redemption period of all EHU credits purchased through the Timber Ridge Village deed restriction credit program shall expire on December 31, 2035. Any unused credit as of January 1, 2036, shall become null and void. An EHU credit may be redeemed in full, or in part, during the redemption period. Any unused credit balance shall become null and void as of January 1, 2036. The Town of Vail reserves the right to terminate the EHU deed restriction credit purchase program at any time at its sole discretion. The Town of Vail, however, shall honor deed restriction credits acquired prior to the termination of the program. 35 Price The value of the credit to be purchased is commensurate with the terms of the deed restriction, the terms of the credit purchased, and the type of home purchased. For instance, if the credit purchased for a four-bedroom home is to be freely assignable, its value is different than if the credit is purchased for a two-bedroom home and cannot be assigned. The following flat fee values shall be added to the retail purchase price of a home at Timber Ridge Village to acquire the EHU deed restriction credit: • Studio EHU Credit 10% of the unit purchase price. • One Bedroom EHU Credit 25% of unit purchase price. • Two Bedroom EHU Credit 20% of unit purchase price. • Three Bedroom EHU Credit:10% of unit purchase price. • Four Bedroom EHU Credit: No increase in unit purchase price. A 7.5% premium shall be added to the retail purchase price of the home to acquire assignability rights to the EHU Credit. The 7.5% fee is in addition to the purchase price of the EHU Credit. The assignability rights may only be purchased at the time of the initial EHU Credit purchase. The Town of Vail reserves the right to amend the EHU credit flat fee purchase percentage and/or the assignability premium percentage without notice or limitations. EXAMPLE NOTE: IF THE BUYER/OWNER OF THE UNIT IS DIFFERENT THAN THE BUYER/OWNER/USER OF CREDIT, THEN THE 7.5% ASSIGNABLITY UPCHARGE MUST BE PAID. EHU DEED RESTRICTIONS CREDITS THAT ARE ASSIGNABLE SHALL ONLY BE REDEEMED IN WHOLE UNIT INCREMENTS, UNIT SQUARE FOOTAGE SHALL NOT BE BROKEN UP AND REDEEMED IN PARTS, THE 36 WHOLE UNIT AND ITS RELATED SQUARE-FOOTAGE SHALL BE FULLY REDEEMED. AN EHU CREDIT CAN ONLY BE REDEEMED ONE TIME. Contract The EHU deed restriction credit shall be enumerated within a separate Assignable EHU Credit contract or a Non-Assignable EHU Credit Contract, based on the assignability of the credit to be purchased. The contract shall state the amount of EHU square-footage and number of bedrooms, based on the unit that the credit is derived from, that can be utilized for mitigation. The EHU deed restriction credit tracking numbers shall utilize the following methodology: Project “TRV ”- Building “A” – Unit “102” Bedroom count “2”, so credit number TRV-A-101-2 pricing and square footage would be based off the 2-bedroom Unit 102 in building A of Timber Ridge Village. EHU deed restriction credit Mitigation rates shall be based off the square footage or unit type identified within Town code at the time the credit is applied against mitigation requirements. For example, if the code required mitigation calculations are square footage, then the square footage associated with the credit shall be applied to the mitigation requirement. If the mitigation rates are based on the number of employees to be housed, then the EHU credits shall be based on the number of employees to be housed by the unit type outlined within the code at the time of application. The EHU deed restriction credit shall be purchased at the time of closing on the original sale of each home from Triumph Development to the first purchaser. Once the original home sale has closed, the Town will no longer offer an EHU deed restriction credit for purchase on that home. An EHU deed restriction credit to be purchased by the holder of an existing purchase and sale agreement, whether business owner or individual, shall opt-in within 30 days of the effective date of the EHU deed restriction credit program. After the 30-day opt-in period, holders of existing purchase and sale agreements shall have an additional 15 days to make their EHU Deed Restriction Credit deposit and execute the contract. After the 15-day deposit/contract period, existing contract holders shall no longer be eligible for participation in the program utilizing their existing contracts. All additional net sales proceeds generated from the EHU deed restriction credit program shall be accrued to the sole benefit of the Town of Vail. Triumph Development shall administer the transaction at the direction of the Town of Vail and utilize contract language provided by the Town. Deposit The value of the EHU deed restriction credit shall be exempt from the earnest money down payment calculation on the traditional unit purchase and sale agreement. However, the EHU deed restriction credit value shall have its own separate earnest money down payment requirement to the benefit of the Town. That earnest money down payment requirement for the EHU Credit shall equal 20% of the total cost of the credit, based on unit type and assignability. The 20% deposit shall be non-refundable, and checks shall be made out to the Town of Vail and due upon contract signing. To ensure that contracts are converted to actual sales, individual owners who opt into the EHU Deed Restriction Credit Program shall have their unit contract down payments become non-refundable similar to business owner contracts. 37 Phasing and Priority The first phase will prioritize the unsold studio, 2, 3, and 4-bedroom units in Building A, B, E and F (the first buildings to close) and will temporarily be open to all existing contracts based on the terms below. • From the time the EHU Credit Program opens, the existing contracts shall have 30 days to opt-in to the EHU credit program. • Upon the conclusion of the existing contract opt-in period, the existing contracts that opted into the EHU credit program shall have an additional 15 days to place their 20% non-refundable EHU Deposits and execute contracts. • Deposits not received within the timeframe shall nullify the EHU contract. Record Keeping The Town of Vail Housing Department shall establish an internal accounting system and protocol for tracking and verifying deed restriction credits acquired and redeemed through the EHU deed restriction credit program for the term of the deed restriction. The accounting system should be audited annually. All EHU credits purchased shall be documented and recorded with the Eagle County Clerk & Recorder’s Office as an exhibit to the deed restriction. 38 AGENDA ITEM NO. 3.4 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Joe's Famous Deli Permission to Proceed SUGGESTED ACTION:Approve, approve with amendments, or deny permission to proceed. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 9-2-25 - Joes Deli.pdf Attachment A. Site Plan.pdf Attachment B. Photos.pdf 39 To: Town Council From: Community Development Date: September 2, 2025 Subject: Joe’s Famous Deli Permission to Proceed I. SUMMARY The applicant, Alejandra Reynaud of Joe’s Famous Deli, is requesting approval for the use of 67.5 square feet of right-of-way, as noted in the attached site plan (Attachment A), for tables and chairs for patrons of Joe’s Famous Deli located at 288 Bridge Street. II. BACKGROUND The applicant, Alejandra Reynaud of Joe’s Famous Deli, is requesting approval for the use of 67.5 square feet of right-of-way, for the placement of chairs and tables. The request for the permission to proceed is the first step in the review process. As the site is located in the Commercial Core 1 (CC1) Zone District, the Outdoor Patio is a Conditional Use and will require a Conditional Use permit prior. As the outdoor patio is on Town property, the Town Council must give the applicant permission to proceed through the process as the land owner. The proposed location is adjacent to the railings leading down to the deli and extends 1.5 feet away from the railings, allowing for the placement of a table with two chairs on either side that face parallel to the street. The seating area is proposed to be the length of the railings totaling an approximate 67 square feet. The application has been reviewed by the Fire and Public Works department who have recommended approval of the location. III. RECOMMENDATION Staff recommends the Town Council approve the applicant’s request for a permission to proceed IV. ATTACHMENTS A. Site Plan B. Photos 40 41 42 43 44 AGENDA ITEM NO. 3.5 Item Cover Page DATE:September 2, 2025 SUBMITTED BY:Greg Roy, Community Development ITEM TYPE:Consent Agenda AGENDA SECTION:Consent Agenda (6:10pm) SUBJECT:Delizioso Permission to Proceed SUGGESTED ACTION:Approve, approve with amendments, or deny permission to proceed. VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Council Memo 9-2-25 - Delizioso.pdf Attachment A. Outdoor Seating Request.pdf Attachment B. Site Plan 9-2-25.pdf Attachment C. Photos 9-2-25.pdf 45 To: Town Council From: Community Development Date: September 2, 2025 Subject: Deilizioso Permission to Proceed I. SUMMARY The applicant, Elisabetta and Stephen Virion, are requesting approval for the use of 32 square feet of right-of-way, as noted in the attached site plan (Attachment B), for tables and chairs for patrons of the Delizioso store, located at 100 East Meadow Drive. II. BACKGROUND In 2020, La Bottega, under the same ownership as Delizioso, received a Revocable License Agreement to place tables and chairs out front of the art studio and Delizioso as part of the response to the Covid epidemic. Those tables and chairs went away as well as the Revocable License Agreement in 2021 when the Covid approvals expired and operators had to reapply for renewed use of the right-of-way (ROW). At some point there were tables and chairs placed out in front of the Delizioso store for use of the patrons of the store without any formal approval. The applicant is coming in now for approval to place two tables and chairs in the ROW, occupying an area of 32 square feet. The proposed location is a change from the current location (see attachment C) of the tables and chairs as the existing location is adjacent to the bus lane and on occasion has resulted in difficulty for the bus maneuvering around the entrance to East Meadow Drive. The proposed location has been approved by the Town’s Public Works department as an improvement from the current location as it moves the tables closer to the building and away from the bus lane. III. RECOMMENDATION Staff recommends the Town Council approve the applicant’s request for a permission to proceed and enter into a Revocable License Agreement with the Town for the use of the ROW. IV. ATTACHMENTS A. Outdoor Seating Request 46 Town of Vail Page 2 B. Site Plan C. Photos 47 Dear Town Council Members, We are writing you to request to license and continue our use of the three tables in front of Delizioso Market, located at 100 East Meadow Drive, Unit 33 in town. We began utilizing this space during Covid as the town wanted to show activity in town during that period and after as well. We have been using this space since May of 2021 so that people can purchase and have a place to eat and/or drink their items in an open environment. After Covid we were permitted by the town to continue use of the space, having outlined the space we wished to utilize. At the time the town was looking to continue the vibrancy created by having activity on the street during Covid. We are approaching the Town Council to request a licensing agreement to continue use of this space. It does not nor ever has impeded traffic on Meadow Drive including buses and emergency vehicles. We have been using this area year round since Covid as in the winter it offers a nice option to eat breakfast sandwich or drink your coffee prior to heading off to ski or work. Our hours of operation in the winter and summer are from 7 a.m. until 10 p.m. with off season hours generally from 8 a.m until 5 p.m. Due to the small area of the market, which is another reason for having this dining option, we are unable to take them in at night as very limited room is available and would present a hazard for emergency responders in the event of a fire or other type of issue in the space. In the event of needing to contact us you can reach out to Stephen Virion at 970-331-3331 or the GM, Stephanie Krumlauf at 970-212-6110. Thank you in advance for your consideration of our request to continue use of the space for our guests. Best Regards, Elisabetta and Stephen Virion Owners, La Bottega, Delizioso and Barrio Social 48 49 50 51 52 53 54 AGENDA ITEM NO. 4.1 Item Cover Page DATE:September 2, 2025 TIME:10 min. SUBMITTED BY:Stephanie Bibbens, Town Manager ITEM TYPE:Presentation/Discussion AGENDA SECTION:Action Items (6:10pm) SUBJECT:Ford Park Entryway Discussion (6:10pm) SUGGESTED ACTION:Provide feedback to town staff regarding this request to use existing project savings for new projects in Ford Park. If the Council supports all or part of this request, authorize the utilization of the appropriate amounts as presented of fund RFP026 (Ford Park Turf Rehabilitation) for the use completion of Ford Park Entry projects. PRESENTER(S):Gregg Barrie, Landscape Architect VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: Ford Park Entry Projects - Town Council Memorandum - 9-2-25.pdf 55 To: Town Council From: Gregg Barrie, Town Landscape Architect Date: September 2, 2025 Subject: Ford Park Entry Projects – Funding Discussion I. PURPOSE The purpose of this item is to request that the Town Council review a proposal to reallocate savings from the Ford Park Turf Rehabilitation project to five Ford Park projects that include the recently completed Art Studio and four projects associated with improving vehicular entries into Ford Park. II. BACKGROUND The 2025 RETT Budget includes $300,000 for the rehabilitation of the turf area on the lower bench of Ford Park. When that project was budgeted, the full scope of work had not been fully determined, and it was anticipated that it would require a redesign of the irrigation system and a full rebuild of the 30,000 square foot turf area. However, after taking soil samples and working with a turf specialist, it was determined that the scope could be significantly reduced. The turf replacement portion has now been completed ($34,000), and a second phase to recondition the soil in the remaining area is scheduled for September ($24,000), and again next September for a total project cost of approximately $85,000. This savings presents an opportunity to complete several projects this fall that otherwise would be budgeted for next year or beyond. The advantages of completing them now include improving winter service, completing project during the off season and reducing work in the park next spring when events start up. III. ART STUDIO COMPLETION Final bills are being submitted for the recently completed Art Studio in Ford Park. It appears that the project could be over budget by approximately $20-$40,000. $21,000 of that includes landscaping work such as irrigation alterations and repairs, top soil delivery, plant materials, sod repair, Fire Free Five gravel border and landscape edging. The original Landscape budget for the project was inadequate for the work required. There could be other minor costs discovered as staff finalizes the project. Staff is requesting to supplement the Art Studio budget with up to $40,000 from the Turf Rehabilitation budget to finalize the project. 56 Town of Vail Page 2 IV. FORD PARK ENTRANCES There are several projects related to Ford Park’s vehicular entries/exits that should be completed but currently have inadequate funding. Staff is requesting to use some of the savings from the Turf Rehabilitation account (RFP026) towards these projects. A. Parking Lot Gate Equipment Reconfiguration $ 25,000 The current configuration of the ticket machines makes it difficult to reach a ticket when entering and to pay when leaving the main parking lot. This project would extend the island to the south and rearrange the existing equipment to make it more user friendly for the coming winter season. Most of the wiring connecting the equipment is surface-mounted in conduits which simplifies the project. B. Oversize Vehicle Entrance Paving $ 45,000 There is an oversize vehicle entrance from the Frontage Rd into the parking lot. It’s used by Vail Valley Foundation/Amphitheater event vehicles, construction equipment etc. When originally constructed, it was built with a permeable support system to allow grass to grow yet still support vehicles. Unfortunately, in this application with heavy equipment and turning semi-trucks, the support system failed and was displaced. Staff recommends pouring a concrete driveway and a new, sloped curb to improve the entry for truck traffic. Left: Oversize vehicle entry with failed support system. Currently this is just a gravel road, starting to rut due to truck traffic. Also this is a sample of the type of gate to be installed for Project 3 – New Manual Gate, listed below. Extend island to the south 57 Town of Vail Page 3 Left: failing support system taken earlier this summer. This failed completely in July and was removed. It was replaced with compacted roadbase/gravel. C. New Manual Gate $ 37,000 The small parking lot in front of the tennis center (the “Nest”) is separated from the Ford Park bus stop by three small bollards. They are intended to be opened as needed to allow traffic in and out of the lot during special events and for snow removal operations. However, the locking mechanism is broken on the bollards. The recommendation of the parking team is to replace the bollards with another manual gate (above, Item 3) to match the existing gate at the oversize vehicle entry. This will improve parking and snow removal operations. Remove bollards, replace with manual gate 58 Town of Vail Page 4 D. Install electronic loops for the West Betty Ford Way gate $ 10,000 The existing process for leaving Ford Park from West Betty Ford Way is to enter a code into the keypad. The code is posted on a sign. Some have learned to pull in from the Frontage Rd, get out of their car, enter the code to open the gate, and enter the park from the west. This project would install electric “loops” in the existing concrete that open the gate automatically without a code. This would prevent unauthorized vehicles from entering the park “backwards.” Vehicles would instead enter through the new retractable bollards from the east end after speaking with parking department staff. V. BUDGET Entry Projects Gate Equipment Reconfiguration $ 25,000 Oversize Vehicle Entry Concrete Apron $ 45,000 New Manual Gate $ 38,000 West End Exit Loops $ 10,000 Total $ 118,000 Possible Contribution to Art Studio $ 40,000 (final TBD) Actual Turf Repair Work $ 85,000 Total of All Work/Projects $ 243,000 Turf Rehabilitation Budget $ 300,000 There is also some funding available in the Park Capital Maintenance budget for a portion of this work, although several projects are underway so the exact amount currently available is unknown, but estimated in the $25-40,000 range available. Keypad Sign w/ keypad code Install “loops” into concrete to automatically open the gate 59 Town of Vail Page 5 VI. ACTION REQUESTED BY COUNCIL Provide feedback to town staff regarding this request to use existing project savings for new projects in Ford Park. If the Council supports all or part of this request, authorize the utilization of the appropriate amounts as presented of fund RFP026 (Ford Park Turf Rehabilitation) for the use completion of Ford Park Entry projects. 60 AGENDA ITEM NO. 5.1 Item Cover Page DATE:September 2, 2025 TIME:5 min. SUBMITTED BY:Stephanie Bibbens, Community Development ITEM TYPE:Public Hearings AGENDA SECTION:Public Hearing (6:20pm) SUBJECT:Resolution No. 36, Series of 2025, An Amendment to Section 5.17 and pertinent subsections of the Lionshead Redevelopment Master Plan (West Lionshead) (6:20pm) SUGGESTED ACTION:Applicant will be requesting to table Resolution No. 36, Series of 2025 until the September 16, 2025 evening meeting. There will be no presentation and public comment will not be taken. PRESENTER(S):Matt Gennett, Director of Community Development VAIL TOWN COUNCIL AGENDA ITEM REPORT ATTACHMENTS: 61