HomeMy WebLinkAbout2016-05-17 Agenda and Supporting Documentation Town Council Regular MeetingVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda TOWN Of VAIL'
Town Council Chambers
75 South Frontage Road W., Vail, CO 81657
6:00 PM, May 17, 2016
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. Appointments for Boards and Commissions
2.1. Vail Local Licensing Authority Board Appointments
Presenter(s): Dave Chapin, Mayor
Action Requested of Council: Appoint members to Vail Local (Liquor)
Housing Authority or conduct final interview on June 7 and then make
appointments.
Two vacancies will occur on the Vail Local Licensing Authority in June.
Three letters of interest were received.
3. Consent Agenda
3.1. Resolution No. 17, Series of 2016, A Resolution Approving an
Intergovernmental Agreement between the Eagle County Housing and
Development Authority and the Town of Vail for Certain Housing
Administrative Services, and Setting Forth Details in Regard Thereto.
Background: The Town of Vail is in need of certain housing administrative
services. The Eagle County Housing and Development Authority is willing
and capable of providing housing administrative services to the Town of
Vail. An intergovernmental agreement is needed to properly contract for the
services to be completed. The proposed agreement outlines the terms
under which the work is to be completed. The agreement expires on its
terms on December 31, 2016. The two parties may choose to enter into a
new agreement in 2017 if determined to be mutually beneficial.
3.2. Resolution No. 18, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and USDA, Forest
Service White River National Forest's Eagle/Holy Cross Ranger District
Regarding the Control and Eradication of Noxious Weed and Invasive Plant
Species; and Setting Forth Details in Regard Thereto
5 min.
5 min.
May 17, 2016 - Page 1 of 218
Background: In the March 2016 Supplemental Budget Request, the Town
Council approved $15,000 to partner with the U.S. Forest Service (USFS) to
control the spread of noxious weeds.
3.3. Resolution No. 19, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail. Colorado and the
Colorado Department of Transportation Regarding Sediment Control
Disposal Area on the North Side of Interstate 70 at Approximately M.P. 178-
179; and Setting Forth Details in Regard Thereto
Background: The Intergovernmental Agreement defines roles and
responsibilities for the Town and Colorado Department of Transportation for
the sand storage berm in East Vail.
3.4. Resolution No. 20, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail, USDA, Forest
Service Eagle/Holy Cross Ranger District Regarding the Town of Vail
Hazardous Fuels Reduction Project; and Setting Forth Details in Regard
Thereto
Background: During the first budget supplemental of 2016 Council approved
funding of phase one of the Intermountain Fuels Reduction Project (also
referred to as Town of Vail Hazardous Fuels Reduction Project) in the
amount of $63,700. This Intergovernmental Agreement sets forth the
conditions for the transfer of funds to the U.S. Forest Service to initiate this
project.
3.5. Resolution No. 21, Series of 2016, A Resolution Approving an
Intergovernmental Agreement Between the Town of Vail and Other Colorado
Governmental Agencies Regarding Mutual Fire Aid; and Setting Forth
Details in Regard Thereoto
Background: The Colorado Intergovernmental Agreement For Fire Mutual
Aid provides for statewide mutual aid between fire agencies. This
agreement provides for a twelve (12) hour mutual aid period and allows for
"all risk" mutual aid.
3.6. Request to Award Construction Contract for Booth Creek Park
Redevelopment and Golden Peak Sport Courts
Background: The purpose of this item is to request the Town Council direct
the Town Manager to enter into a construction contract with RA Nelson,
LLC. in an amount not to exceed $1,971,054.27 for the construction of
improvements to Booth Creek Park and the Golden Peak Sports Courts
(Pickleball Courts).
4. Town Manager Report
5. Presentations / Discussion
5.1. Vail Youth Recogition Award 5 min.
Presenter(s): Scott O'Connell, Vail Valley Exchange
Action Requested of Council: Present local students with Vail Youth
Recognition Award.
Background: The purpose of the award is to recognize and reinforce
outstanding achievement by youth of the Upper Eagle Valley, both for their
individual achievements and as role models for their peers. The Vail Town
Council created this award to acknowledge and reward students from our
May 17, 2016 - Page 2 of 218
community schools.
5.2. Update on KAABOO-Vail Music Experience August 18-20, 2017 30 min.
Presenter(s): Mike Imhoff, Vail Valley Foundation, Bryan Gordon, KAABOO
Action Requested of Council: Feedback and input requested but no formal
action requested at this time. Will request formal approval by Council to
proceed with this project at first meeting in June 2016.
Background: VVF and our partner KAABOO have had a myriad of meetings
since the last council update (April 5) with all primary Vail community
interested parties and groups that may be impacted by our KAABOO-Vail
project. As part of the materials, VVF has drafted a detailed vision and plan
with a 90 day action steps for council review. KAABOO Music Experience is
not a music festival, but an experience catering to a specific audience and
consumer over a three day weekend in Vail. The event offers fine dining,
comedy, premium spirits, craft breweries, VIP experiences, and live music.
5.3. Slifer Square - Update 10 min.
Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape
Architect
Action Requested of Council: To provide feedback to in regards to Council's
preferences for change to Slifer Square and direct to staff to begin the
process for procurement of design services for the project.
Background: Staff will update the Town Council on the results from the
public meeting held on March 29, 2016.
6. Action Items
6.1. Welcome Centers/Host Program Request for Proposal (RFP) 20 min.
Presenter(s): Stan Zemler, Town Manager and Suzanne Silverthorn,
Director of Communications
Action Requested of Council: Approve and/or modify a request for proposal
(RFP) and selection process for management of Vail's Welcome Centers,
the Volunteer Community Host Program and Guest Welcome Services
beginning October 1, 2016.
Background: To prepare for future operation of the Welcome Centers and
Community Host Program, the Town Council has directed staff to prepare a
Request for Proposal in which respondents will describe how best to use the
town's resources "to create a five-star customer experience."
6.2. Ordinance No. 10, Series of 2016, First Reading, An Ordinance Amending 10 min.
Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for
Costs Associated with the Town's Provision of Fire Protection Services to
Properties Located Outside Town Boundaries
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve, amend or deny Ordinance No. 10,
Series of 2016 on first reading.
Background: This ordinance will amend existing Town Code to clarify
specific issues related to providing emergency services to parties outside
the municipal limits of the Town of Vail.
Staff Recommendation: Approve Ordinance No. 10, Series of 2016 on first
reading.
6.3. The owner of the multi -use Vista Bahn Building, located at 298 Hanson 10 min.
Ranch Road, requests permission to proceed through the Conditional Use
Permit process for an outdoor patio on Town of Vail property in the
May 17, 2016 - Page 3 of 218
Commercial Core I (CC1) Zone District. The Vail Town Code refers to
outdoor dining/seating as "Outdoor Patio" in reference to permitted and
conditional uses in the Commercial Core I (CC1) Zone District.
Presenter(s): Jonathan Spence, Planner
Action Requested of Council: The Community Development Department
requests that the Town Council evaluate the proposal to utilize Town of Vail
property for the purposes of an outdoor patio. This utilization of Town of Vail
property would be subject to the terms of a revocable ROW permit and
lease agreement and could be discontinued and removed if required to do
so.
Background: The Vail Village Design Considerations recognize outdoor
patios as a potential positive contributing factor in the creation of a strong
streetscape framework.
Staff Recommendation: The Community Development Department requests
that the Vail Town Council instructs Town Staff to either:
1. Sign the development application on behalf of the property owner and
permit the project to proceed through the development review
process for the proposed outdoor patio.
2. Deny the request to proceed and require the applicant to amend the
plans prior to review by the Planning and Environmental Commission
and Design Review Board to exclude any portions of the Town of Vail
ROW.
7. Public Hearings
7.1. The applicant Karja LLC, represented by Bill Nutkins, AIA, NDG Architects, 30 min.
Inc, requests an appeal of the final decision of the Town of Vail Planning
and Environmental Commission denying a request for a variance to allow
for the construction of a trash enclosure within the front setback for the
property located at 265 Forest Road.
Presenter(s): Matt Panfil, Planner
Action Requested of Council: Uphold, uphold with modifications, or overturn
the Planning and Environmental Commission decision.
Background: Based on the existing topography of the site and the lack of a
reasonable alternative location for a trash enclosure, the applicant requests
an appeal of the Planning and Environment Commission decision.
Staff Recommendation: The Planning and Environmental Commission
recommends the Town Council uphold their decision to deny the requested
front setback variance.
8. Adjournment
8.1. Adjournment estimated at 8:10 p.m.
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 Public Access Television Channel 5 and
available for public viewing as the meeting is happening. The meeting videos are also posted to Channel 5 website
the week following meeting day, www.publicaccess5.org.
May 17, 2016 - Page 4 of 218
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48
hour notification. Please call 970-479-2356, Telecommunication device for the deaf (TDD) for information.
May 17, 2016 - Page 5 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Vail Local Licensing Authority Board Appointments
PRESENTER(S): Dave Chapin, Mayor
ACTION REQUESTED OF COUNCIL: Appoint members to Vail Local (Liquor) Housing Authority
or conduct final interview on June 7 and then make appointments.
BACKGROUND: Two vacancies will occur on the Vail Local Licensing Authority in June. Three
letters of interest were received.
ATTACHMENTS:
Description
Memo VLLA Interviews and Appointments 051716
May 17, 2016 - Page 6 of 218
TOWN Of
0) VAIL A
Memorandum
To: Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: May 17, 2016
Subject: Interview and appointments to Vail Local (Liquor) Licensing Authority (VLLA)
I. SUMMARY
The Town Council will have an opportunity to interview and make appointments to the
Vail Local (Liquor) Licensing Authority (VLLA) during the May 17th afternoon and
evening meeting.
The public notice was posted in the Vail Daily and the Town's website for two
vacancies on the VLLA with interviews to be conducted May 17. There have been
three letters of interest received by the deadline from the following residents, 1) Craig
Arseneau, 2) Michael Hannigan, and 3) Hermann Stauffer. Interviews will be
conducted with Mr. Arseneau and Mr. Hannigan next Tuesday. Mr. Staufer will be out
of the country on that date so was not available for an interview. The Council is asked
to provide direction about postponing the appointments to June 7 if they would like to
pursue an interview with Mr. Staufer at the next council meeting.
II. BACKGROUND
There are five members appointed by Town Council to serve on the Vail Local (Liquor)
Licensing Authority. The VLLA is established pursuant to the provisions of Colorado
Revised Statutes section 12-46-103(4), section 12-47-103(9), and the Town Charter
section 8.6, and is a commission which oversees the licensing of locations within the
Town to sell alcoholic liquors and fermented malt beverages and for the local
administration of the Liquor Code of 1935 and the Fermented Malt Beverages Act in
accordance with said statutes. Those serving must be citizens of the United States,
qualified electors of the Town of Vail, and have resided in the Town of Vail for not less
than two years preceding appointment, and shall have no direct financial interest in any
license to sell alcoholic beverages or any location having any such license. All three
parties meet the criteria.
Two members reach the end of their term June 2016 and include Mr. Arseneau and
Mr. Hannigan, both seeking reappointment. Other current members include Amanda
Zinn, Ted Steers, and Luca Bruno, whose terms end 2018. The VLLA meets the
second Wednesday of each month and considers new liquor licenses, renewals,
May 17, 2016 - Page 7 of 218
transfers and special event liquor permits. Note both applicants have not missed any
meetings this past year. Letters of interest are attached.
III. ACTION REQUESTED
Provide direction on scheduling an interview with Mr. Staufer for the next council
meeting and / or delay appointing members to the VILLA or move foreword with making
appointments to VLLA during the evening meeting.
Town of Vail Page 2
May 17, 2016 - Page 8 of 218
Patty McKenny
From: Craig Arseneau <craig@vailcoffee.com>
Sent: Thursday, May 12, 2016 12:10 PM
To: Patty McKenny; Tammy Nagel
Subject: Letter for the Liquor Board
Subject: Liquor Board
Att: Patty McKenny
Town Clerk
Town of Vail
Dear Patty,
April 14, 2016
Thank you for the opportunity to serve on the Local Licensing Authority for the past 2 years, its has been a
wonderful experience. That said, I would like to extend my services on the board for another 2 year term.
I have owned and operated businesses in the Vail Valley for over 26 years ; Co—founding partner for The Daily
Grind Coffeehouse in Vail Village / Co founding partner for Vail Mountain Coffee & Tea Co in
Minturn. While operating The Daily Grind in the Vail Village, we incorporated a successful wine bar concept
in the early 90's (thus obtaining a liquor license) and so I am familiar with the Liquor Board licensing
procedures within the Town of Vail district. I feel my resume would be a valuable asset to the Liquor Board.
I have lived in the Vail Valley for 26 years and currently reside in East Vail with my wife and 8 year old
daughter, who attends Stone Creek Charter School. Side bar, I was recently appointed (October 2015) to the
Board of Director's at Stone Creek Charter School for a 2 year term.
Please consider my application for the Town of Vail Local Licensing Authority.
Regards,
Craig Arseneau
President
Vail Mountain Coffee & Tea Co.
Po Bo: 549, 23698 US Hwy 24, Minturn, Co 81645. Tel: (970) 827-4008 Fax: (970) 827-9265 w .vnilcoffee.com
May 17, 2016 - Page 9 of 218
Patty McKenny
From: Tammy Nagel
Sent: Thursday, April 14, 2016 8:12 AM
To: Patty McKenny
Subject: FW: Local Licensing Authority Seat
From: michael hannigan[mailto:michaelhanniganl3(&hotmail.com]
Sent: Wednesday, April 13, 2016 7:21 PM
To: Tammy Nagel
Subject: Local Licensing Authority Seat
Hello Tammy,
I am writing this letter to let you, and the Vail Town Council, know that I am very interested in retaining my
chair on the Vail Liquor Board. I hope that my attendance & participation during board meetings merits
another term. Being a bartender in Vail for almost 22 years, I feel as if I bring a level view of the issues that are
on hand during these meetings. Working with the Liquor Board members and even some of the other Boards
on the issues that face this town, that are alcohol related, has been a pleasure. It's great to see the people that
love this town working together to achieve a common goal. I'm not sure if I will be in Town during the Liquor
Board seat interviews on May 17th, but I hope this letter proves my intent to serve another term to the best
of my abilities. Thank you for your consideration & look forward to working with you in the future.
Michael Hannigan
1768 Alpine Dr. #1
Vail, CO 81657
May 17, 2016 - Page 10 of 218
Patty McKenny
From: Hermann Staufer <hsstaufer@gmail.com>
Sent: Wednesday, April 20, 2016 9:16 PM
To: Patty McKenny
Subject: Fwd: Re. Local licensing authority
Sent from my iPad
Begin forwarded message:
From: Hermann Staufer <hsstaufer@gmail.com>
Date: April 20, 2016 at 2:33:38 PM MDT
To: Hermann Staufer <hsstaufer(a�gmail.com>
Subject: Re. Local licensing authority
To Patty McKenny.
My name is Hermann Staufer and I am interested to serve as a member on the
Local Licensing Authority, I am sorry I can not be in town to be interviewed on May 17th as I
will be on a cruise to Bermuda.
Yours sincerely, Hermann Staufer.
Sent from my iPad
May 17, 2016 - Page 11 of 218
TOWN OF VAR'
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 17, Series of 2016, A Resolution Approving an Intergovernmental
Agreement between the Eagle County Housing and Development Authority and the Town of Vail for
Certain Housing Administrative Services, and Setting Forth Details in Regard Thereto.
BACKGROUND: The Town of Vail is in need of certain housing administrative services. The
Eagle County Housing and Development Authority is willing and capable of providing housing
administrative services to the Town of Vail. An intergovernmental agreement is needed to properly
contract for the services to be completed. The proposed agreement outlines the terms under
which the work is to be completed. The agreement expires on its terms on December 31, 2016.
The two parties may choose to enter into a new agreement in 2017 if determined to be mutually
beneficial.
ATTACHMENTS:
Description
Resolution No. 17
May 17, 2016 - Page 12 of 218
RESOLUTION NO. 17
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY HOUSING AND DEVELOPMENT
AUTHORITY REGARDING THE MANAGEMENT OF TOWN OF VAIL DEED RESTRICTED
PROPERTIES; 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 Eagle County Housing and Development Authority (the "ECHDA")
was formed to address the lack of affordable housing with participation from public and
private sectors throughout Eagle County;
WHEREAS, the ECHDA created a centralized affordable housing management
organization known as The Valley Home Store (the "TVHS") to provide one physical and
electronic location in Eagle County to purchase housing stock affordable to Eagle County's
workforce;
WHEREAS, the Intergovernmental Agreement (the "IGA") outlines the services
provided by the ECHDA and TVHS in assisting with managing the Town's deed restricted
properties; and
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA 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.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of May, 2016.
Dave Chapin, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 17. Series 2016
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT BETWEEN
EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
AND THE TOWN OF VAIL
This Agreement made this day of , 2016 by and between
Eagle County Housing and Development Authority, a body corporate and politic ("ECHDA")
and the Town of Vail, a municipal corporation (the "Town").
WITNESSETH
WHEREAS the Town has a portfolio of deed restricted housing units which are managed
in accordance with its Employee Housing Guidelines dated October 19, 1999 (the "Guidelines");
and
WHEREAS, the median price of free market housing in the Town of Vail exceeds what
residents earning the area median income can afford, creating a lack of housing affordable for the
local workforce of the Town; and
WHEREAS, the Urban Land Institute recommended forming a regional housing body to
address the lack of affordable housing with participation from public and private sectors
throughout Eagle County; and
WHEREAS, ECHDA, in a multi jurisdictional effort, has opened a centralized affordable
housing management organization known as The Valley Home Store ("TVHS") to provide one
physical and electronic location in Eagle County to purchase housing stock affordable to Eagle
County's workforce; and
WHEREAS, The Valley Home Store was formed by the Eagle County Housing and
Development Authority in 2008 and ECHDA is the majority member of TVHS with 99.9%
ownership (Eagle County Housing and Development Authority and The Valley Home Store may
collectively be referred to as ECHDA/TVHS); and
WHEREAS, the Town desires to contract with ECHDA for the performance of the
hereinafter described affordable housing services on the terms and conditions hereinafter set
forth; and
WHEREAS, ECHDA is agreeable to rendering such affordable housing services on the
terms and conditions hereinafter set forth; and
WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 29-1-
201 and 30-11-101, Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the
Colorado Constitution.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises
contained herein, the parties hereto agree hereby as follows:
1. Services or Work. ECHDA agrees to diligently provide all services, labor, personnel
and materials necessary to perform and complete the services or work described in Exhibit A
("Services" or "Work") which is attached hereto and incorporated herein by reference. The
Services shall be performed in accordance with the provisions and conditions of this Agreement.
In the event of any conflict or inconsistency between the terms and conditions set forth in
Exhibit A and the terms and conditions set forth in this Agreement, the terms and conditions set
forth in this Agreement shall prevail.
2. Term of the Agreement. This Agreement shall commence upon the date first written
above, and subject to the provisions of paragraph 11 hereof, shall continue in full force and effect
through the 31 st day of December, 2016.
Either party shall have the right to terminate this agreement with or without cause at any
time by giving the other parry thirty (30) days' prior written notice of termination. Upon
termination, ECHDA shall be entitled to compensation for services performed prior to such
termination, and both parties shall thereafter be relieved of any and all duties and obligations
under this Agreement.
3. Extension or Modification. This Agreement may be extended for up to three additional
one year terms upon written agreement of the parties. Any amendments or modifications shall be
in writing signed by both parties.
4. Compensation. Town shall compensate ECHDA for the performance of the Services in a
sum computed and payable as set forth in Exhibit A.
a. Payment will be made for Services satisfactorily performed within thirty (30) days of
receipt of a proper and accurate invoice from ECHDA. All invoices shall include detail
regarding the hours spent, tasks performed, who performed each task and such other
detail as Town may request.
b. Notwithstanding anything to the contrary contained in this Agreement, Town shall have
no obligations under this Agreement after, nor shall any payments be made to ECHDA in
respect of any period after December 31 of any year, without an appropriation therefor by
Town in accordance with a properly adopted budget.
5. Official Status. For the purpose of performing the Services and functions set forth in this
agreement, Eagle County Housing and Development Authority and The Valley Home Store shall
enforce, as the Town's agent, the Guidelines and any Town ordinances relating to affordable
housing now in effect and as amended.
6. Personnel. ECHDA and TVHS and their respective staff shall have full cooperation from
the Town of Vail and its employees, so as to facilitate the performance of this Agreement.
a. All persons employed in the performance of such Services for the Town of Vail, pursuant
to this Agreement, shall be employees of Eagle County Government. Staff working at
TVHS are licensed real estate agents in the state of Colorado. The Valley Home Store is
a licensed real estate brokerage company.
b. The rendition of the Services provided for herein, the standards of performance, the
discipline of staff, and other matters incident to the performance of such Services and the
control of personnel so employed, shall remain with ECHDA.
7. Liability and Insurance. ECHDA, its officers and employees, shall not be deemed to
assume any liability for intentional or negligent acts, errors, or omissions of the Town or of any
officer or employee thereof. Likewise, the Town, its officers and employees, shall not be deemed
to assume any liability for intentional or negligent acts, errors or omissions of ECHDA or by any
officer or employee thereof.
a. ECHDA agrees to indemnify, defend and hold harmless, to the extent allowed by law, the
Town, its respective agents, officers, servants and employees of and from any and all
loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever, arising out of or related to ECHDA's intentional or negligent acts, errors or
omissions or that of its agents, officers, servants, and employees, whether contractual or
otherwise. Likewise, the Town agrees to indemnify, defend and hold harmless, to the
extent allowed by law, ECHDA, its respective agents, officers, servants and employees of
and from any and all loss, costs, damage, injury, liability, claims, liens, demands, action
and causes of action whatsoever arising out of or related to the Town's intentional or
negligent acts errors or omissions or that of its agents officers, servants and employees,
whether contractual or otherwise.
b. ECHDA and the Town shall respectively provide its own public liability, property
damage, and errors and omissions insurance coverage as each party may deem adequate
and necessary for any potential liability arising from this Agreement. Further, ECHDA
and the Town, respectively, shall name, subject to the approval of each respective party's
insurance carriers, the other respective party as a co-insured under such insurance
policies to the extent of any potential liability arising under this Agreement and, upon
reasonable written request, shall furnish evidence of the same to the other respective
party.
8. General Provisions.
a. All notices, requests, consents, approvals, written instructions, reports or other
communication by the Town of Vail and ECHDA, under this Agreement, shall be in
writing and shall be deemed to have been given or served, if delivered or if mailed by
certified mail, postage prepaid or hand delivered to the parties as follows:
ECHDA:
Attention: Jill Klosterman
500 Broadway
Post Office Box 850
Eagle, CO 81631
Telephone: 970-328-8773
Facsimile: 970-328-8787
E-mail: jill.klosterman@eaglecounty.us
With a copy to:
Eagle County Attorney
500 Broadway
Post Office Box 850
Eagle, Co 81631
Telephone: 970-328-8685
Facsimile: 970-328-8699
E-mail: atty@eaglecounty.us
TOWN:
Town of Vail: Matt Mire
Town Attorney
75 S. Frontage Road
Vail, CO 81657
Telephone: 970-479-2107
Facsimile:
E-mail: mmiregvailgov.com
With a copy to:
Community Development Department
Attention: George Ruther, Director
75 South Frontage Road West
Vail, Colorado 81657
Telephone: 970-376-2675
E-mail:ntg ther&vailgov.com
b. Either party may change the address to which notices, requests, consents, approvals,
written instructions, reports or other communications are to be given by a notice of
change of address given in the manner set forth in this paragraph. This Agreement does
not and shall not be deemed to confer upon or grant to any third party any right to claim
damages or to bring any lawsuit, action or other proceedings against either the Town or
ECHDA because of any breach hereof or because of any terms, covenants, agreements or
conditions contained herein.
c. No modification or waiver of this Agreement or of any covenant, condition, or provision
herein contained shall be valid unless in writing and duly executed by the party to be
charged therewith.
d. This written Agreement embodies the whole agreement between the parties hereto and
there are no inducements, promises, terms, conditions, or obligations made or entered
into either by ECHDA or the Town other than those contained herein.
e. This Agreement shall be binding upon the respective parties hereto, their successors or
assigns and may not be assigned by anyone without the prior written consent of the other
respective party hereto.
f. All agreements and covenants herein are severable, and in the event that any of them
shall be held invalid by a court of competent jurisdiction, this Agreement shall be
interpreted as if such invalid Agreement or covenant were not contained herein.
g. The Town has represented to ECHDA and, likewise, ECHDA has represented to the
Town, that it possesses the legal ability to enter into this Agreement. In the event that a
court of competent jurisdiction determines that either of the parties hereto did not
possess the legal ability to enter into this Agreement, this Agreement shall be considered
null and void as of the date of such Court determination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first set forth above.
Attest:
ME
Teak J. Simonton, Clerk
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
WE
Jeanne McQueeney, Chair
TOWN OF VAIL
Dave Chapin, Mayor
Attest:
Patty McKenny, Town Clerk
EXHIBIT A
SCOPE OF SERVICES AND FEES
The Valley Home Store, LLC (TVHS) was formed by the Eagle County Housing and
Development Authority (ECHDA) in 2008 to be a multijurisdictional housing management
organization that provides centralized services without requiring participating entities to cede
control over local housing policy. ECHDA is the majority member of TVHS with 99.9%
ownership. Economic Council of Eagle County is the only other member of the LLC. One goal
of TVHS was to provide a single point of contact to affordable housing programs and consumers
and thereby eliminating confusion, duplication of services, and cost inefficiencies. TVHS
desires to eliminate redundancies and create common nomenclature for affordable housing
programs throughout Eagle County.
TVHS currently manages and administers eight deed restriction programs through agreements
with three different organizations. The administrative component includes qualifying buyers,
annual residency affidavits, approving capital improvements, facilitating sales, and acting as a
resource for Realtors, appraisers and lenders. TVHS also provides free education to the general
public, foreclosure prevention or mitigation counseling, offers down payment assistance
programs, and serves as a rental resource for the community. TVHS staff strives to provide
excellent customer service in all of their work, evidenced by positive customer service surveys.
TVHS staff are licensed Realtors and experienced in the resale of deed restricted housing units.
All services offered by TVHS will be available for buyers or owners of Town of Vail housing
units.
The following services will be provided to the Town of Vail (Town) by ECHDA/TVHS:
1. Resales of the Town's deed restricted housing stock.
a. Includes all aspects of sales, from listing through closing of the unit ensuring
compliance with all aspects of the deed restrictions.
b. ECHDA/TVHS staff will hold 2 open houses for each listing and provide
individual unit showings as appropriate.
c. ECHDA/TVHS will cause units offered for sale to be advertised in accordance
with the Guidelines.
d. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the
process.
e. ECHDA/TVHS will comply with policies and procedures outlined in the
Guidelines, as may be updated from time to time.
f. ECHDA/TVHS will receive sales fees of 2% of the deed restricted sales that it
completes as compensation for this service.
2. Employee Housing Unit Compliance.
a. Send up to 3 requests for affidavits and compile responses.
b. Provide list of outstanding affidavits to Town by a mutually agreed upon date.
c. Town will maintain responsibility for enforcement.
d. Mailing costs, if any, will be reimbursed by Town.
e. As this process has effectively been completed by the Town for 2016, these
services will not be offered by ECHDA /TVHS in 2016, except that a mailing for
the 2017 compliance period will be sent at the end of 2016.
f. As the town has completed this service for 2016. ECHDA/TVHS will receive no
compensation, nor will it provide these services to the Town in 2016.
3. Lottery Process
a. Work with Town to advertise lottery opening and closing dates.
b. Collect and score lottery applications.
c. ECHDA/TVHS understands that this process may change and will work with
Town to complete future lotteries or equivalent in accordance with policy set by
the Town.
d. Out of pocket costs (advertising) will be paid by Town.
e. Compensation for this service will be $7,800 and will be paid by the Town to
ECHDA/TVHS. This fee is based on 120 hours of work at $65/hour.
4. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town's
affordable housing program.
a. Communicate Town's information on TVHS website.
b. Provide at least one in person first time homebuyer education course.
c. Provide individual credit counseling or budgeting sessions to buyers or owners of
Town units or down payment assistance programs.
d. Attend work sessions with Vail Local Housing Authority or Town Council as
requested and recommend best practices.
e. Compensation for this service will be $3,900 and will be paid by the Town to
ECHDA/TVHS. This fee is based on 60 hours of work at $65/hour.
TOWN Of VAJL'
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 18, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and USDA, Forest Service White River National Forest's
Eagle/Holy Cross Ranger District Regarding the Control and Eradication of Noxious Weed and
Invasive Plant Species; and Setting Forth Details in Regard Thereto
BACKGROUND: In the March 2016 Supplemental Budget Request, the Town Council approved
$15,000 to partner with the U.S. Forest Service (USFS) to control the spread of noxious weeds.
ATTACHMENTS:
Description
Resolution No. 18, Series of 2016
May 17, 2016 - Page 21 of 218
W 1I I
0) VAIL 1
Memorandum
To:
From:
Date:
Subject
Vail Town Council
Department of Public Works
May 17, 2016
Resolution #18, Series 2016
U.S. Forest Service/Town of Vail Noxious Weed Management Agreement
INTRODUCTION
In the March 2016 Supplemental Budget Request, the Town Council approved $15,000
to partner with the U.S. Forest Service (USFS) to control the spread of noxious weeds.
Staff is requesting that the Council approve Resolution #18, Series 2016 authorizing the
Town Manager to enter into a Participating Agreement between the Town of Vail and the
USFS to allow the town to assist with weed control efforts along the town boundary on
USFS land.
BACKGROUND
By definition, a noxious weed is a non-native or "alien" plant that is listed on the State
Noxious Weed List. These plants are highly invasive and spread at an alarming rate,
usually to the detriment of native plants and wildlife. Infestations can, and have, quickly
spread to adjacent properties. Per the Town of Vail Noxious Weed Ordinance and the
Colorado Noxious Weed Act, all property owners, both public and private, must manage
noxious weeds on their property.
Frequent precipitation during 2015 created ideal growing conditions for many invasive
plant species in Vail and throughout Colorado. Around town, and particularly in the West
Vail North neighborhood, significant infestations of noxious weeds can be found in private
yards and native areas. In addition, the weeds have spread across the town boundary
and onto the native hillsides across the northern edge of Vail.
The natural areas surrounding Vail are important for wildlife, native plants and for the
quality of life of Vail's residents and guests. The loss of these areas to noxious weed
infestations would be detrimental to Vail. In recent years, USFS budgets have been
drastically cut and the Holy Cross Ranger District works with one full time and four
seasonal employees to manage over one million acres of forest property. Partnering with
the local office is the most effective way to ensure that the forest lands immediately
adjacent to Vail are properly managed to reduce the spread of these plants into new
areas and help return the currently infested areas into healthy ecosystems.
May 17, 2016 - Page 22 of 218
III. USFS/TOV PARTNERSHIP
The Participating Agreement includes the following:
• In 2016, the project will focus on weed management of approximately 500 acres
between Davos and Spraddle Creek
• The Town of Vail will fund project labor in an amount of $15,000 in 2016. The
labor will include horseback and backpack spraying across rugged terrain by a
private, licensed applicator. The Town will be responsible for bidding/hiring.
• The USFS will supply herbicide for the project
• The USFS will inventory the hillside to determine the full extent of the project
• The agreement is set to expire in December of 2017 meaning that, if successful,
and the Council agrees to fund it next year, a new agreement will not be required.
IV. WEED MANAGEMENT ACTIONS FOR 2016
These efforts are part of the larger Town of Vail Noxious Weed Management Plan which
also includes management of town -owned right-of-way, open space and park areas,
contact with property owners and public education via email, newspaper and the town's
website. In addition, for 2016, the town has hired a Weed and Pest Management Intern
for the summer to assist with identification and management of infested areas.
V. STAFF RECOMMENDATION
Staff recommends that the Town Council approve Resolution #18, Series of 2016
authorizing the Town Manager to enter into a Participating Agreement with the U.S.
Forest Service for Noxious Weed Management efforts on U.S. Forest Service land.
VI. ACTION REQUESTED BY COUNCIL
Staff requests that the Council approve Resolution #18, Series of 2016 authorizing the
Town Manager to enter into a Participating Agreement with the U.S. Forest Service for
Noxious Weed Management efforts on U.S. Forest Service land.
Attachments:
Photos (3 pages)
Town of Vail Noxious Weed Ordinance (2004)
Town of Vail Page 2
May 17, 2016 - Page 23 of 218
Examples of 2015 noxious weed infestations between West Vail and Spraddle Creek along the
north side of 1-70. Weeds include musk thistle, plumeless thistle, yellow toadflax, and oxeye daisy.
+.,
14:06 7,100-;
Town of Vail
Page 3
May 17, 2016 - Page 24 of 218
Above: An example of next seasons "rosettes" as well as significant seed bank (white
specs) for future plants. This photo was taken on the hillside north of town.
Below: Canada thistle on town -owned stream tract (summer 2015)
A7 f �•. 9�
t�
r
Town of Vail Page 5
May 17, 2016 - Page 26 of 218
Town of Vail
Noxious Weed Ordinance (2004)
5-1-6: NOXIOUS WEEDS:
A. Plants Listed
All plants declared noxious weeds pursuant to the Town of Vail Weed Management
Plan, which shall be annually reviewed and updated in compliance with the Colorado
Revised Statutes, section 35-5.5-101 et seq., "the Colorado Noxious Weed Act".
B. Declaration of Nuisance
Any and all plants designated noxious weeds by the town are declared to be a public
nuisance. Such action may be taken as is available for nuisance abatement under the
laws of this state and the town, and as town council, in their sole discretion, deem
necessary.
C. Removal of Noxious Weeds Required By Property Owner
Property owners within the town shall be responsible for the elimination of noxious
weeds from their property within ninety (90) days of the effective date hereof. Such
removal shall be accomplished in an ecologically feasible and environmentally safe
manner in accordance with all applicable laws, ordinances, rules and regulations.
D. Enforcement
The town shall have the right to enter upon any premises, land, or place, whether
public or private, during reasonable business hours or upon proper notice for the
purpose of inspecting for the existence of noxious weeds, and shall have the right to
propose, implement or enforce the management of noxious weeds upon such lands in
accordance with the provisions of Colorado Revised Statutes sections 35-5.5-108.5
and 109.
E. Advisory Board
The Vail town council shall be the local advisory board for all state and local noxious
weed statutes, ordinances and regulations. The mayor shall be the chair and the
mayor pro tem shall be the secretary. A majority of the members of the board shall
constitute a quorum.
F. Penalty
Violation of this section shall be subject to penalty as provided in section 1-4-1 of this
code, in addition to any other remedies provided herein or allowed by ordinance, law,
rule, or regulation. (Ord. 6(2004) § 1: 1997 Code: Ord. 19(1993) § 1)
Town of Vail Page 6
May 17, 2016 - Page 27 of 218
RESOLUTION NO. 18
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND USDA, FOREST SERVICE WHITE RIVER NATIONAL
FOREST'S EAGLE/HOLY CROSS RANGER DISTRICT REGARDING THE CONTROL
AND ERADICATION OF NOXIOUS WEED AND INVASIVE PLANT SPEICIES; 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 the U.S. Forest Service (the "Parties") share a common
interest in improving or protecting the current condition of the watershed and lands within the
Town;
WHEREAS, the success of invasive plant treatments depends upon the cooperative
approaches due to the movement of these species across jurisdictional boundaries;
WHEREAS, the Intergovernmental Agreement (the "IGA") is to document the
cooperation between the between the Parties to collaborate on specific restoration,
enhancement, and/or protection efforts related to noxious weed and invasive plant species
control and eradication;
WHEREAS, the IGA provides for the interchange of services, equipment, supplies,
and technical assistance; and
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA 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.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of May, 2016.
Dave Chapin, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 21. Series 2016
May 17, 2016 - Page 28 of 218
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FS Agreement No. 16 -PA -11021507-046
Cooperator Agreement No.
NON -FUNDED PARTICIPATING AGREEMENT
Between The
TOWN OF VAIL
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST
This PARTICIPATING AGREEMENT is hereby entered into by and between the Town of
Vail, hereinafter referred to as "the Cooperator," and the USDA, Forest Service, White River
National Forest's Eagle/Holy Cross Ranger District, hereinafter referred to as the "U.S. Forest
Service," under the authority: the Wyden Amendment, 16 U.S.0 1011a and as amended.
Background: The U.S. Forest Service and the Cooperator share a common interest in the control
and eradication of noxious weeds and invasive plants on public and private lands, within the
watersheds in and adjacent to the Town of Vail and the White River National Forest. The success
of invasive plant treatments depends upon cooperative approaches due to the movement of these
species across jurisdictional boundaries.
Title: The Town of Vail Noxious Weed Treatment and Control Agreement.
I. PURPOSE:
The purpose of this agreement is to document the cooperation between the parties to collaborate
on specific restoration, enhancement, and/or protection efforts related to noxious weed and
invasive plant species control and eradication. The parties have a common interest in improving
or protecting the current condition of the watershed and lands within the Town of Vail. This
Agreement provides for the interchange of services, equipment, supplies, and technical
assistance in accordance with the following provisions and the hereby incorporated Annual
Operating and Financial Plans, attached as Exhibit A. No funds are exchanged between the
parties.
II. STATEMENT OF MUTUAL BENEFIT AND INTERESTS:
The U.S. Forest Service and the Cooperator will mutually benefit from the control and
eradication of noxious weeds and invasive plants on public and private lands, within the
watersheds. As a result of the control and eradication, there will be improved forage, native plant
diversity, wildlife habitat, and water quality, as well as wildfire hazard reduction where invasive
annual grasses have created a fuel complex conductive to increased ignition probability and rates
of fire spread. This Agreement will facilitate the prevention of new infestations through early
detection and rapid response (EDRR) across jurisdictional boundaries, which is the first priority
in control and eradication of noxious weeds and invasive plants.
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Both parties to this agreement recognize that certain noxious weeds pose a threat to the
environmental and economic health of the Town of Vail and National Forest System lands by the
displacement of native plant species, and the degradation of wildlife forage, wildlife habitat and
recreational values.
This agreement will facilitate a cost-effective and a coordinated treatment of noxious weeds
throughout the Cooperator's lands and across jurisdictional boundaries with the objective of
achieving healthy and productive natural and agricultural ecosystems. This agreement defines
the roles and responsibilities of the U.S. Forest Service and the Cooperator in this effort.
In consideration of the above premises, the parties agree as follows:
III. TOWN OF VAIL SHALL:
A. LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into
this agreement, and the institutional, managerial, and financial capability to ensure
proper planning, management, and completion of the project, which includes funds
sufficient to pay the nonfederal share of project costs, when applicable.
B. Coordinate with the U.S. Forest Service on an operating plan for cooperative noxious
weed management activities. This coordination will take place at the annual project
planning meeting held each spring, prior to work being accomplished. The spring
meeting will help to identify specific projects that will be performed during that year.
Those projects will be described on the Operating & Financial Plan for that year and
attached to this agreement.
C. Conduct inventories of roadside noxious weed infestations on a regular basis,
sufficient for planning of noxious weed management activities along county and
forest roads.
D. Assist the U. S. Forest Service noxious weed control efforts by treating forest roads or
forest administered properties. The areas to be treated under this agreement will be
designated in the Annual Operating Plan.
E. Coordinate the goals of its noxious weed management program to be consistent with
U.S. Forest Service goals in order to provide consistent management on a landscape
scale.
F. Conduct treatments on U.S. Forest Service administered lands, targeting areas and
species which will be complementary to the forest noxious weed control efforts.
Document all treatments and submit them to the Weed Program Manager.
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IV. THE U.S. FOREST SERVICE SHALL:
A. Coordinate with the Cooperator on an operating plan for cooperative noxious weed
management activities. This coordination will take place at the annual project
planning meeting held each spring, prior to work being accomplished. The spring
meeting will help to identify specific projects that will be performed during that year.
Those projects will be described on the Operating & Financial Plan for that year and
attached to this agreement.
B. Provide herbicide(s) and spray adjuvants (surfactant, spray colorant, etc.), provide
maps, inspect/monitor treatment efficacy.
C. Conduct inventories of roadside noxious weed infestations on a regular basis,
sufficient for planning of noxious weed management activities along county, town,
and forest roads.
D. Assist the Cooperator noxious weed control efforts by treating town roads or town
administered properties. The areas to be treated under this agreement will be
designated in the Annual Operating Plan.
E. Coordinate the goals of its weed management program to be consistent with the
town's goals in order to provide consistent management on a landscape scale.
F. Conduct treatments on the Cooperator's administered lands, targeting areas and
species which will be complementary to the Cooperator's noxious weed control
efforts. Provide the Cooperator a minimum of 24 hours advance notice of intent to
enter onto the Cooperator's land.
V. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE
PARTIES THAT:
A. The U.S. Forest Service or the Cooperator may require immediate temporary
suspension of all or any part of the activities under this agreement when the U.S.
Forest Service determines it is necessary to protect the public health, safety, or the
environment.
B. Both parties will coordinate and provide leadership in the development of strategic
planning; assessment; monitoring of implementation, effectiveness, and project
consistency; education, and site-specific project planning, in cooperation with private
landowners to manage and maintain treated areas consistent with the agreement
objectives.
C. Neither party to this agreement will directly supervise employees of the other party to
this agreement. Qualified supervisors shall be on site with employees of their
organization during performance of activities under this agreement.
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D. When applicable, provide site-specific noxious week treatment prescriptions, maps,
technical assistance, and administrative support in accomplishing objectives with the
limits of annual budget and work priorities.
E. AVAILABILITY OF FUNDS. U.S. Forest Service funds are not obligated under this
Agreement. Nor is the Cooperator obligated to provide funds under this Agreement.
F. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Manager Contact
Gregg Barrie
Project Landscape Architect
1309 Elkhorn Dr.
Vail, CO 81657
Telephone: 970-479-2337
FAX; 970-479-2166
Email: GBarrie&vailgov.com
Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager
Contact
Stephen Elzinga
Range Technician
Address: 24747 US Hwy 24/PO Box 190
U.S. Forest Service Administrative
Contact
Clark Woolley
Grants & Agreements Specialist, WRNF
900 Grand Avenue
City, State, Zip: Minturn, CO 81645 Glenwood Springs, CO 81601
Telephone: 970 328-5896 Telephone: (970) 945-3227
FAX: 970 827-5715 FAX: (970) 945-3266
Email: selzinga(d),fs.fed.us Email: cmwoolley(c,fs.fed.us
G. NOTICES. Any communications affecting the operations covered by this agreement
given by the U.S. Forest Service or the Cooperator are sufficient only if in writing
and delivered in person, mailed, or transmitted electronically by e-mail or fax, as
follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the Cooperator, at the addresses shown in the agreement or such other address
designated within the agreement
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Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
H. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts
the U.S. Forest Service or the Cooperator from participating in similar activities with
other public or private agencies, organizations, and individuals.
I. ENDORSEMENT. Any of the Cooperator's contributions made under this
agreement do not by direct reference or implication convey U.S. Forest Service
endorsement of the Cooperator's products or activities and does not by direct
reference or implication convey the Cooperator's endorsement of the U.S. Forest
Service's activities.
USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the
U.S. Forest Service Insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S.
Forest Service's Office of Communications (Washington Office). A written request
will be submitted by the U.S. Forest Service to the Office of Communications
Assistant Director, Visual Information and Publishing Services, prior to use of the
insignia. The U.S. Forest Service will notify the Cooperator when permission is
granted.
K. NON-FEDERAL STATUS FOR COOPERATOR. The Cooperator agree(s) that any
of the Cooperator's employees, volunteers, and program participants shall not be
deemed to be Federal employees for any purposes including Chapter 171 of Title 28,
United States Code (Federal Tort Claims Act) and Chapter 81 of Title 5, United
States Code (OWCP), as the Cooperator hereby willingly agree(s) to assume these
responsibilities.
Further, Cooperator shall provide any necessary training to Cooperator's employees,
volunteers, and program participants to ensure that such personnel are capable of
performing tasks to be completed. The Cooperator shall also supervise and direct the
work of its employees, volunteers, and participants performing under this agreement.
L. MEMBERS OF U.S. CONGRESS. Pursuant to 41 U.S.C. 22, no United States
member of, or United States delegate to, Congress shall be admitted to any share or
part of this agreement, or benefits that may arise therefrom, either directly or
indirectly.
M. NONDISCRIMINATION. The U.S. Department of Agriculture (USDA) prohibits
discrimination in all its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status, familial status,
parental status, religion, sexual orientation, genetic information, political beliefs,
reprisal, or because all or a part of an individual's income is derived from any public
assistance program. (Not all prohibited bases apply to all programs.) Persons with
disabilities who require alternative means for communication of program information
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(Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202)
720-2600 (voice and TDD). To file a complaint of discrimination write to USDA,
Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C.
20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an
equal opportunity provider and employer.
N. ELIGIBLE WORKERS. The Cooperator shall ensure that all employees complete
the I-9 form to certify that they are eligible for lawful employment under the
Immigration and Nationality Act (8 USC 1324a). The Cooperator shall comply with
regulations regarding certification and retention of the completed forms. These
requirements also apply to any contract awarded under this agreement.
O. AGREEMENT CLOSEOUT. Within 90 days after expiration or notice of
termination the Cooperator shall close out the agreement. Within a maximum of 90
days following the date of expiration or termination of this agreement, all reports
required by the terms of the agreement must be submitted to the U.S. Forest Service
by the Cooperator.
P. PROGRAM PERFORMANCE REPORTS. The parties to this agreement shall
monitor the performance of the agreement activities to ensure that performance goals
are being achieved.
Performance reports must contain information on the following:
- Daily application records for all herbicide application applied to the
National Forest System lands.
The Cooperator shall submit end of year performance reports to the U.S. Forest
Service Program Manager. These reports are due 90 days after the reporting period.
Q. RETENTION AND ACCESS REQUIREMENTS FOR RECORDS. The Cooperator
shall retain all records pertinent to this agreement for a period of no less than 3 years
from the expiration or termination date. As used in this provision, records include
books, documents, accounting procedures and practice, and other data, regardless of
the type or format. The Cooperator shall provide reasonable access and the right to
examine all records related to this agreement to the U.S. Forest Service, Inspector
General, or Comptroller General or their authorized representative upon prior written
request. The rights of access in this section must not be limited to the required
retention period but must last as long as the records are kept.
If any litigation, claim, negotiation, audit, or other action involving the records has
been started before the end of the 3 -year period and so notified to Cooperator, the
records must be kept until all issues are resolved, or until the end of the regular 3 -year
period, whichever is later.
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Records for nonexpendable property acquired in whole or in part, with Federal funds
must be retained for 3 years after its final disposition.
R. FREEDOM OF INFORMATION ACT (FOIA). Public access to grant or agreement
records must not be limited, except when such records must be kept confidential and
would have been exempted from disclosure pursuant to Freedom of Information
regulations (5 U.S.C. 552). Requests for research data are subject to 2 CFR 215.36.
Public access to culturally sensitive data and information of Federally -recognized
Tribes may also be explicitly limited by P.L. 110-234, Title VIII Subtitle B §8106
(2008 Farm Bill).
S. TEXT MESSAGING WHILE DRIVING. In accordance with Executive Order (EO)
13513, "Federal Leadership on Reducing Text Messaging While Driving," any and
all text messaging by Federal employees is banned: a) while driving a Government
owned vehicle (GOV) or driving a privately owned vehicle (POV) while on official
Government business; or b) using any electronic equipment supplied by the
Government when driving any vehicle at any time. All cooperators, their employees,
volunteers, and contractors are encouraged to adopt and enforce policies that ban text
messaging when driving company owned, leased or rented vehicles, POVs or GOVs
when driving while on official Government business or when performing any work
for or on behalf of the Government.
T. PROPERTY IMPROVEMENTS. Improvements placed on National Forest System
land at the direction or with the approval of the U.S. Forest Service becomes property
of the United States. These improvements are subject to the same regulations and
administration of the U.S. Forest Service as would other National Forest
improvements. No part of this agreement entitles the Cooperator to any interest in the
improvements, other than the right to use them under applicable U.S. Forest Service
Regulations.
U. REMEDIES FOR COMPLIANCE RELATED ISSUES. If the Cooperator materially
fail(s) to comply with any term of the agreement, whether stated in a Federal statute
or regulation, an assurance, or the agreement, the U.S. Forest Service may wholly or
partly suspend or terminate the current agreement.
V. GOVERNMENT -FURNISHED PROPERTY. The Cooperator may only use U.S.
Forest Service property furnished under this agreement for performing tasks assigned
in this agreement. The Cooperator shall not modify, cannibalize, or make alterations
to U.S. Forest Service property. A separate document, Form AD -107, must be
completed to document the loan of U.S. Forest Service property. The U.S. Forest
Service shall retain title to all U.S. Forest Service -furnished property. Title to U.S.
Forest Service property must not be affected by its incorporation into or attachment to
any property not owned by the U.S. Forest Service, nor must the property become a
fixture or lose its identity as personal property by being attached to any real property.
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Cooperator Liability for Government Property.
1. Unless otherwise provided for in the agreement, the Cooperator shall not be
liable for loss, damage, destruction, or theft to the Government property
furnished or acquired under this contract, except when any one of the following
applies:
a. The risk is covered by insurance or the Cooperator is otherwise reimbursed
(to the extent of such insurance or reimbursement).
b. The loss, damage, destruction, or theft is the result of willful misconduct or
lack of good faith on the part of the Cooperator's managerial personnel. The
Cooperator's managerial personnel, in this provision, means the Cooperator's
directors, officers, managers, superintendents, or equivalent representatives
who have supervision or direction of all or substantially all of the
Cooperator's business; all or substantially all of the Cooperator's operation at
any one plant or separate location; or a separate and complete major
industrial operation.
2. The Cooperator shall take all reasonable actions necessary to protect the
Government property from further loss, damage, destruction, or theft. The
Cooperator shall separate the damaged and undamaged Government property,
place all the affected Government property in the best possible order, and take
such other action as the Property Administrator directs.
3. The Cooperator shall do nothing to prejudice the Government's rights to recover
against third parties for any loss, damage, destruction, or theft of Government
property.
4. Upon the request of the Grants & Agreements Specialist, the Cooperator shall, at
the Government's expense, furnish to the Government all reasonable assistance
and cooperation, including the prosecution of suit and the execution of
agreements of assignment in favor of the Government in obtaining recovery.
W. TERMINATION BY MUTUAL AGREEMENT. This agreement may be terminated,
in whole or part, as follows:
1. When the U.S. Forest Service and the Cooperator agree upon the termination
conditions, including the effective date and, in the case of partial termination, the
portion to be terminated.
2. By 30 days written notification by the Cooperator or by the U.S. Forest Service
setting forth the reasons for termination, effective date, and in the case of partial
termination, the portion to be terminated.
X. ALTERNATE DISPUTE RESOLUTION. In the event of any issue of controversy
under this agreement, the parties may pursue Alternate Dispute Resolution procedures
to voluntarily resolve those issues. These procedures may include, but are not limited
to conciliation, facilitation, mediation, and fact finding.
Page 8 of 12
May 17, 2016 - Page 36 of 218
� $ USDA, Forest Service OMB 0596-0217
FS -1500-16
Y. DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the
U.S. Forest Service if they or any of their principals are presently excluded, debarred,
or suspended from entering into covered transactions with the Federal Government
according to the terms of 2 CFR Part 180. Additionally, should the Cooperator or any
of their principals receive a transmittal letter or other official Federal notice of
debarment or suspension, then they shall notify the U.S. Forest Service without undue
delay. This applies whether the exclusion, debarment, or suspension is voluntary or
involuntary
Z. MODIFICATIONS. Modifications within the scope of this agreement must be made
by mutual consent of the parties, by the issuance of a written modification signed and
dated by all properly authorized, signatory officials, prior to any changes being
performed. Requests for modification should be made, in writing, at least 30 days
prior to implementation of the requested change. The U.S. Forest Service is not
obligated to fund any changes not properly approved in advance.
AA. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the
date of the last signature and is effective through December 1, 2017 at which time it
will expire. The expiration date is the final date for completion of all work activities
under this agreement.
BB. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that
the individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In
witness whereof, the parties hereto have executed this agreement as of the last date
written below.
STAN ZEMLER, Town Manager
Town of Vail, CO
Date
SCOTT G. FITZWILLIAMS, Forest Supervisor Date
U.S. Forest Service, White River National Forest
The authority and format of this agreement have been reviewed and approved for
signature.
CLARK M. WOOLLEY Date
U.S. Forest Service, Grants Management Specialist
Page 9 of 12
May 17, 2016 - Page 37 of 218
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or
part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice
and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA
is an equal opportunity provider and employer.
Page 10 of 12
May 17, 2016 - Page 38 of 218
EXHIBIT A
Operating Plan, Financial Plan, and Map
FY16 Operating Plan
Goal
Control and eradication of noxious weeds and invasive plants on public and private lands, within
the watersheds in and adjacent to Town of Vail and on the White River National Forest.
Objectives
- Coordinate a cooperative weed management program for consistent management on a
landscape scale.
- Collaborate and treat Federal lands as well as town roads or town administered
properties.
- Conduct treatments on town administered lands, targeting areas and species which will be
complementary to the town noxious weed control efforts.
- Conduct inventories of roadside noxious weed infestations.
Methods
- Utilizing various ground pesticide application equipment (backpack, UTV, horse or truck
mounted sprayers) treat all detected State of Colorado listed noxious weeds with
Environmental Protection Agency (EPA) approved herbicides and ensure their labels are
strictly adhered to.
- Evaluate/monitor treatment effectiveness
- Evaluate treatment effectiveness
Treatment Areas
- The areas to be treated under this agreement are identified in annual meeting with the
identified town weed program manager.
- Proposed project areas may include:
o Buffehr Creek Unit
o Middle Creek Unit
- Acreage treated will be dependent upon the severity of the weed infestations.
Reporting
- A copy of the daily application records along with map locations of the weed infestations
will be submitted to the town weed program manager, no later than September 30th
annually.
Expected Results and Environmental Compliance
The results of this collaboration: 75-85% mortality of treated noxious weeds, resulting in each
following year's herbicide input to decline. All environmental compliance and permitting for the
project have been completed.
Page 11 of 12
May 17, 2016 - Page 39 of 218
L
Page 12 of 12
CD
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co (D
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May 17, 2016 - Page 40 of 218
U.S. Forest Service
ExhibitIA
USFS Agreement No.: 16 -PA -11021507-046
Cooperator Agreement No.:
Note: This Financial Plan may be used when:
(1) No program income is expected and
(2) The Cooperator is not giving cash to the FS and
3 There is no other Federal funding
Agreements Financial Plan (Short Form)
Mod. No.: I N/A
Financial Plan Matrix: Note: All columns may not be used. Use depends on source and type of contribution(s).
OMB 0596-0217
FS -1500-17B
Matching Costs Determination
FOREST SERVICE CONTRIBUTIONS
COOPERATOR CONTRIBUTIONS
(a+b) - (e) _ (f)
(a)
Noncash
(b)
Cash
to
Cooperator
(c)
Noncash
(d)
In -Kind
COST ELEMENTS
(e)
Total
Direct Costs
Salaries/Labor
$5,677.60
$0.00
$5,000.00
$15,000.00
$25,677.60
Travel
$0.00
$0.00
$0.00
$0.00
$0.00
Equipment
$0.00
$0.00
$0.00
$0.00
$0.00
Supplies/Materials
$3,000.00
$0.00
$0.00
$0.00
$3,000.00
Printing
$0.00
$0.00
$0.00
$0.00
$0.00
Other
$0.00
$0.00
$0.00
$0.00
$0.00
Other
$0.00
Subtotal
$8,677.60
$0.00
$5,000.00
$15,000.00
$28,677.60
Coop Indirect Costs
$0.00
$0.00
$0.00
FS Overhead Costs
$694.21
$694.21
Total
$9,371.81
$0.00
$5,000.00
$15,000.00
Total
Project Value:
$29,371.81
Matching Costs Determination
Total Forest Service Share =
(f)
(a+b) - (e) _ (f)
31.91%
Total Cooperator Share
(g)
(c+d) - (e) _ (g)
68.09%
Total (f+g) _ (h)
(h)
100.00%
Page 1
May 17, 2016 - Page 41 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 19, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail. Colorado and the Colorado Department of Transportation
Regarding Sediment Control Disposal Area on the North Side of Interstate 70 at Approximately
M.P. 178-179; and Setting Forth Details in Regard Thereto
BACKGROUND: The Intergovernmental Agreement defines roles and responsibilities for the
Town and Colorado Department of Transportation for the sand storage berm in East Vail.
ATTACHMENTS:
Description
Resolution No. 19, Series of 2016
May 17, 2016 - Page 42 of 218
RESOLUTION NO. 19
Series of 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
TOWN OF VAIL, COLORADO AND THE COLORADO DEPARTMENT OF
TRANSPORTATION REGARDING SEDIMENT CONTROL DISPOSAL AREA ON THE
NORTH SIDE OF INTERSTATE 70 AT APPROXIMATELY M.P. 178- 179; 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 the Colorado Department of Transportation ("CDOT") wish to
enter into an Intergovernmental Agreement ("IGA") for the construction of a Sand/Dirt Storage
Facility on Interstate 70 Right of Way, in the Town Tracts A & C and Town easement area with
the Bald Mountain Townhomes Association for the purpose of Sand/Dirt storage and to provide
aesthetic and noise mitigation to the surrounding neighbors; and
WHEREAS, The Council's approval of Resolution No. 19, Series of 2016, is required to
enter into an IGA.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves and authorizes the Town Manager to enter
into the IGA with CDOT, in substantially the same form as attached hereto as Exhibit A
and in a form approved by the Town Attorney, for the construction of the berm on the
north side of Interstate 70 at approximate milepost 178-179.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town council of
the Town of Vail held this 17th day of May, 2016.
Dave Chapin
Town Mayor
ATTEST:
Patty McKenny
Town Clerk
May 17, 2016 - Page 43 of 218
Project — Town of Vail Sand Storage Facility
REGION 3 — WMA
CONTRACT
THIS CONTRACT is executed this day of
Routing# 16 HA3 XE 00090
SRM# 351001301
20 by and between the State of
Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION ("State" or
"CDOT"), and the Town of Vail ("Town" or "Local Agency") 1309 Elkhorn Drive, Vail, CO 81657, CDOT
Vendor #: 2000003, which may also be referred to herein individually, as a "Party" and collectively as the
"Parties."
RECITALS
1. Required approval, clearance and coordination have been accomplished from and with appropriate
agencies.
2. Pursuant to 43-2-104.5 C.R.S. as amended, the State may contract with Local Agencies to provide
maintenance and construction of highways that are part of the state (or local agency) highway system.
3. The Local Agency and State agree to construct a Sand/Dirt Storage Facility with allocations of 30,000
cubic yards, "cy", for the Town and 41,000 cy for CDOT on Interstate 70 Right of Way (ROW), in the
Town of Vail on Tracts A & C, as shown in Exhibit A.
4. The State has, in the State's sole discretion, the right to modify, or demolish and remove, all, or any portion
of the berm in its Right of Way for any reason.
5. The Town has, in the Town's discretion, the right to modify, or deconstruct and remove, the portion of the
berm on its Parcel for any reason as long as it is in compliance with any other contracts or agreements the
Town may have concerning the berm.
6. All labor, material and equipment costs associated with the modification and/or demolition to the Right of
Way or Parcel shall be at the requesting Party's expense without any cost or liability to the other Party.
7. The State and the Local Agency have the authority, as provided in Sections 29-1-203, 43-1-106, 43-2-103,
43-2-104, and 43-2-144 CRS, as amended, and in applicable ordinance or resolution duly passed and
adopted by the Local Agency, to enter into this Contract with the Local Agency for the purpose of
constructing and maintaining a sand/dirt storage area in the Town of Vail.
THE PARTIES NOW AGREE THAT:
Section 1. Scope of Work
The work under this contract shall consist of construction of a sand/dirt storage area in the Town of Vail,
Colorado, as more specifically described in Exhibit A.
May 17, 2016 - Page 44 of 218
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REGION 3 — WMA SRM# 351001301
Section 2. Order of Precedence
In the event of conflicts or inconsistencies between this Contract and its exhibits, such conflicts or inconsistencies
shall be resolved by reference to the documents in the following order of priority:
1. This Contract
Exhibit A (Scope of Work)
Exhibit C (Map)
Section 3. Term
This Contract shall be effective upon approval of the Chief Engineer. The term of this Contract shall be five (5)
years from the effective date.
Section 4. State and Local Agency Commitments
The State and Local Agency Commitments are detailed under Exhibit A.
Section 5. Permission to Enter
The State grants, bargains and conveys to the Local Agency and its agents permission to enter, occupy, then exit
the State's ROW as necessary for the purpose of maintaining the areas, structures and facilities described in
Exhibit A to ensure their proper working condition as provided herein. The Local Agency grants, bargains and
conveys to CDOT and its agents permission to enter, occupy, then exit the Local Agency's ROW as necessary for
the purpose of inspecting and maintaining to ensure their proper working condition as provided herein.
Section 6. Record Keeping
The Parties shall each maintain a complete file of all records, documents, communications, and other written
materials, which pertain to the maintenance and operations plans under this Contract. The Parties shall make
such materials available for inspection at all reasonable times and shall permit duly authorized agents and
employees of the State to inspect the project and to inspect, review and audit maintenance and operations
project records.
Section 7. Termination Provisions
A. This Contract may be terminated by either party upon written notice thereof sent by registered, prepaid
mail and received by the non -terminating party.
Notwithstanding the above, this Contract may also be subject to:
B. Termination for Cause. If, through any cause, the Local Agency shall fail to fulfill its obligations under
this Contract, or if the Local Agency shall violate any of the covenants, Contracts, or stipulations of this
Contract, the State shall thereupon have the right to terminate this Contract for cause by giving written
notice to the Local Agency of its intent to terminate and at least ten (10) days opportunity to cure the
default or show cause why termination is otherwise not appropriate.
Section 8. Legal Authority
Both Parties hereto warrant that they possess the legal authority to enter into this Contract and that they have
May 17, 2016 - Page 45 of 218
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REGION 3 — WMA SRM# 351001301
taken all actions required by their respective procedures, by-laws, and/or applicable law to exercise that
authority, and to lawfully authorize its undersigned signatories to execute this Contract and to bind their
respective entities to its terms. The person(s) executing this Contract on behalf of each Party warrants that such
person(s) has full authorization to execute this Contract.
Section 9. Representatives and Notice
The State will provide liaison with the Local Agency through the State's Region 3 Director, 222 South 6'
Street, #308, Grand Junction 81501. Said Region Director will also be responsible for coordinating the State's
activities under this Contract and will also issue a "Notice to Proceed" to the Local Agency for commencement
of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between
representatives of the State's Transportation Region 3 and the Local Agency. All communication, notices, and
correspondence shall be addressed to the individuals identified below. Either party may from time to time
designate in writing new or substitute representatives.
If to State:
Michael Goolsby
Maintenance Superintendent
CDOT Maintenance Section 2
606 South 9th Street
Grand Junction, CO 81501
970.683.6306
michael.goolsby@state.co.us
If to the Local Agency:
Chad Salli
Project Engineer
1309 Elkhorn Drive
Vail, CO 81657
970.479.2169
csalli@vailgov.com
Section 10. Successors
Except as herein otherwise provided, this Contract shall inure to the benefit of and be binding upon the Parties
hereto and their respective successors and assigns.
Section 11. Third Party Beneficiaries
The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed
as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 12. Governmental Immunity
Notwithstanding any other provision of this Contract to the contrary, no term or condition of this Contract shall
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be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits,
protection, or other provisions of the Colorado Governmental Immunity Act, §24-10101, et seq., CRS, as now
or hereafter amended. The Parties understand and agree that liability for claims for injuries to persons or
property arising out of negligence of the State of Colorado, the Local Agency and their respective departments,
institutions, agencies, boards, officials and employees is controlled and limited by the provisions of §24-10-
101, et seq., CRS, as now or hereafter amended and the risk management statutes, §§24-30-1501, et seq., CRS,
as now or hereafter amended.
Section 13. Severability
To the extent that this Contract may be executed and performance of the obligations of the Parties may be
accomplished within the intent of the Contract, the terms of this Contract are severable, and should any term or
provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not
affect the validity of any other term or provision hereof.
Section 14. Waiver
The waiver of any breach of a term, provision, or requirement of this Contract shall not be construed or deemed
as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or
requirement.
Section 15. Entire Understanding
This Contract is intended as the complete integration of all understandings between the parties. No prior or
contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever,
unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment
hereto shall have any force or effect unless embodied in a writing executed and approved by both parties.
Section 16. Survival of Contract Terms
Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions
of this Contract and the exhibits and attachments hereto which may require continued performance, compliance
or effect beyond the termination date of the Contract shall survive such termination date and shall be
enforceable by the State as provided herein in the event of such failure to comply by the Local Agency.
Section 17. Modification and Amendment
This Agreement may be amended only by written instrument duly executed by the Parties. Neither Party may
assign or transfer its responsibilities in this Agreement without the prior written consent of the other Party.
Section 18. Disputes
Except as otherwise provided in this Contract, any dispute concerning a question of fact arising under this
Contract which is not disposed of by agreement will be decided by the Chief Engineer of the Department of
Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days
after the date of receipt of a copy of such written decision, the Local Agency mails or otherwise furnishes to the
State a written appeal addressed to the Executive Director of the Department of Transportation. In connection
4
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with any appeal proceeding under this clause, the Local Agency shall be afforded an opportunity to be heard
and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency
shall proceed diligently with the performance of the Contract in accordance with the Chief Engineer's decision.
The decision of the Executive Director or his duly authorized representative for the determination of such
appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude
consideration of questions of law in connection with decisions provided for herein. Nothing in this Contract,
however, shall be construed as making final the decision of any administrative official, representative, or board
on a question of law.
Section 19. Does not supersede other agreements
This Contract is not intended to supersede or affect in any way any other contract (if any) that is currently in
effect between the State and the Local Agency for other "maintenance and operations services" on State
Highway rights-of-way within the jurisdiction of the Local Agency.
Section 20. Sub -Local Agencies
The Local Agency may enter into a subcontract for any part of the performance required under this Contract,
subject to advance written notice to the State. The State understands that the Local Agency may intend to
perform some or all of the services required under this Contract through a Sub -contract. The Local Agency
agrees not to assign this Contract without the express, written consent of the State which shall not be
unreasonably withheld. Except as herein otherwise provided, this Contract shall inure to the benefit of and be
binding only upon the parties hereto and their respective successors and assigns.
May 17, 2016 - Page 48 of 218
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Section 21. Colorado Special Provisions apply to all Contracts except where noted in italics
1. CONTROLLER'S APPROVAL. CRS §24-30-202(1). [Not applicable if CDOT is not paying the Local
Agency for the work and the Parties are each responsible for their own work]. This Contract shall not be
valid until it has been approved by the Colorado State Controller or designee.
2. FUND AVAILABILITY. CRS §24-30-202(5.5). Financial obligations of the State payable after the
current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise
made available.
3. GOVERNMENTAL IMMUNITY. No term or condition of this Contract shall be construed or interpreted
as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions,
of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28
U.S.C. § § 1346(b) and 2671 et seq., as applicable now or hereafter amended.
4. INDEPENDENT LOCAL AGENCY. Local Agency shall perform its duties hereunder as an independent
Local Agency and not as an employee. Neither Local Agency nor any agent or employee of Local Agency
shall be deemed to be an agent or employee of the State. Local Agency and its employees and agents are
not entitled to unemployment insurance or workers compensation benefits through the State and the State
shall not pay for or otherwise provide such coverage for Local Agency or any of its agents or employees.
Unemployment insurance benefits will be available to Local Agency and its employees and agents only if
such coverage is made available by Local Agency or a third party. Local Agency shall pay when due all
applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract.
Local Agency shall not have authorization, express or implied, to bind the State to any contract, liability or
understanding, except as expressly set forth herein. Local Agency shall (a) provide and keep in force
workers' compensation and unemployment compensation insurance in the amounts required by law, (b)
provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its
employees and agents.
5. COMPLIANCE WITH LAW. Local Agency shall strictly comply with all applicable federal and State
laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable
to discrimination and unfair employment practices.
6. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in
the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated
herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any
provision incorporated herein by reference which purports to negate this or any other Special Provision in
whole or in part shall not be valid or enforceable or available in any action at law, whether by way of
complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision
shall not invalidate the remainder of this Contract, to the extent capable of execution.
7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration
by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by
reference shall be null and void.
8. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public
funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of
computer software in violation of federal copyright laws or applicable licensing restrictions. Local Agency
hereby certifies and warrants that, during the term of this Contract and any extensions, Local Agency has
and shall maintain in place appropriate systems and controls to prevent such improper use of public funds.
If the State determines that Local Agency is in violation of this provision, the State may exercise any
remedy available at law or in equity or under this Contract, including, without limitation, immediate
termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing
restrictions.
6
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9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-50-
507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Contract. Local Agency has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the
performance of Local Agency's services and Local Agency shall not employ any person having such
known interests.
10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4.[NotApplicable to intergovernmental
contracts] Subject to CRS §24-30-202.4 (3.5), the State Controller may withhold payment under the State's
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child
support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39-
21-101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education;
(d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts
owing to the State as a result offinal agency determination or judicial action.
11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to contracts relating to the
offer, issuance, or sale of securities, investment advisory services or fund management services,
sponsored projects, intergovernmental contracts, or information technology services or products and
services] Local Agency certifies, warrants, and agrees that it does not knowingly employ or contract with
an illegal alien who willperform work under this Contract and will confirm the employment eligibility of
all employees who are newly hired for employment in the United States to perform work under this
Contract, through participation in the E -Verify Program or the Department program established pursuant
to CRS §8-17.5-102(5)(c), Local Agency shall not knowingly employ or contract with an illegal alien to
perform work under this Contract or enter into a Contract with a sub -Local Agency that fails to certify to
Local Agency that the sub -Local Agency shall not knowingly employ or contract with an illegal alien to
perform work under this Contract. Local Agency (a) shall not use E- Verify Program or Department
program procedures to undertake preemployment screening ofjob applicants while this Contract is being
performed, (b) shall notes the sub -Local Agency and the contracting State agency within three days if
Local Agency has actual knowledge that a sub -Local Agency is employing or contracting with an illegal
alien for work under this Contract, (c) shall terminate the subcontract if a sub -Local Agency does not stop
employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8-
17.5-102(5), by the Colorado Department of Labor and Employment. If Local Agency participates in the
Department program, Local Agency shall deliver to the contracting State agency, Institution of Higher
Education or political subdivision a written, notarized affirmation, affirming that Local Agency has
examined the legal work status of such employee, and shall comply with all of the other requirements of the
Department program. If Local Agency fails to comply with any requirement of this provision or CRS §8-
17.5-101 et seq., the contracting State agency, institution of higher education or political subdivision may
terminate this Contract for breach and, if so terminated, Local Agency shall be liable for damages.
12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Local Agency, if a natural
person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or
she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall
comply with the provisions of CRS §24-76.5-101 et seq., and (c) has produced one form of identification
required by CRS §24-76.5-103 prior to the effective date of this Contract.
The Remainder of This Page Intentionally Left Blank
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Section 22. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT
* Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local
Agency's behalf and acknowledge that the State is relying on their representations to that effect.
Print:
THE LOCAL AGENCY
Town of Vail
STATE OF COLORADO
John W. Hickenlooper, GOVERNOR
Colorado Department of Transportation
Shailen P. Bhatt, Executive Director
Title:
By: Joshua Laipply, P.E., Chief Engineer
Date:
*Signature
Date:
Print:
2nd The Local Agency Signature if Needed
ADD AG Signature Block
Title:
*Signature
Date:
May 17, 2016 - Page 51 of 218
Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090
REGION 3 — WMA SRM# 351001301
EXHIBIT A — SCOPE
SCOPE OF WORK
SEDIMENT CONTROL STORAGE 1-70 M.P. 178.0 - 179.0
CDOT and the Town of Vail are entering into this Intergovernmental Agreement for the Design and
Construction of the West berm area, on the north side of Interstate 70 at approximate Milepost 178-179. The
East berm is completed, the West berm will be located on CDOT right-of-way, Tract C (see Exhibit C) and an
easement that was granted to the Town of Vail through a separate agreement with the Bald Mountain
Townhome Association and will be shared between CDOT and Town of Vail.
East Phase- Completed
West Phase
• The Town will be responsible for the design of the West berm including drainage, utilities, and
retaining walls. CDOT will not participate in the cost, shown on Exhibit B.
• Total fill approximately 71,000 cubic yards :
o Approximately 41,000 cubic yards (CDOT) in the berm on Tract C and I-70 ROW
o Approximately 30,000 cubic yards (Town of Vail)
• The Town will obtain all necessary Town of Vail and CDOT clearances. CDOT will assist the Town
with the CDOT environmental, ROW, and utility clearance.
• The Town cannot begin construction until the design is approved by CDOT.
• The Town will conduct operations during one of those years at an accelerated schedule and will be
responsible as outlined in the SOW. CDOT can work in conjunction with the town of Vail's operation
on a limited schedule.
• The Town will be responsible for all labor materials, and equipment for transplanting trees, container
planting, and temporary irrigation system and utility relocations on Tracts A & C.
• FHWA will only grant Town access across the A -Line for one construction season. Prior to granting
approval, an operational analysis of the traffic impacts caused by the MHT will be completed.
• An approved MHT plan must be in place prior to the start of construction.
• At any time unsafe traffic operations are brought to the attention of CDOT, Town access across the A-
line will be revoked until an appropriate traffic control plan is developed by the Town and CDOT
approval is granted.
• The Town can work in conjunction with CDOT's operations on a limited schedule with prior approval.
• The Town will conduct operations during one year at an accelerated schedule. CDOT can work in
conjunction with the Town's operation on a limited schedule. Planting trees and all irrigation work
shall be accomplished on the 5t1i year of this contract. The Town shall only break the A-line during one
construction season and only for the purpose of this project.
• CDOT will be responsible for all the labor, materials and equipment for grading the berm to the
approved plans.
• CDOT will be responsible for obtaining a construction storm water discharge permit from the
Colorado Department of Public Helath and Environment (CDPHE).
• CDOT will be responsible for all the labor, materials and equipment for revegetating the site per the
approved plans and CDOT's construction storm water discharge permit and storm water management
plans.
• Work will begin on the Bald Mountain Townhome Association easement portion of the berm in 2016
and be completed prior to placement of material on Tract C.
• CDOT will be responsible for all labor, materials, and equipment to complete the embankment traffic
control, storm water management, rough grading, topsoil and seeding of the West Phase as shown on
the grading plan.
• CDOT will conduct operations up to a five (5) year time. The Town can still haul material in
conjunction with CDOT's operations on a limited schedule.
Exhibit A
May 17, 2016 - Page 52 of 218
Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090
REGION 3 — WMA SRM# 351001301
EXHIBIT B (NOT APPLICABLE)
LOCAL AGENCY
ORDINANCE or RESOLUTION
Exhibit B
May 17, 2016 - Page 53 of 218
Project — Town of Vail Sand Storage Facility
REGION 3 — WMA
EXHIBIT C — MAPS
Routing# 16 HA3 XE 00090
SRM# 351001301
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GRADING AND MTE TION POND PIAN
Exhibit C — Page I of 2
May 17, 2016 - Page 54 of 218
Project — Town of Vail Sand Storage Facility
REGION 3 — WMA
Routing# 16 HA3 XE 00090
SRM# 351001301
Exhibit C — Page 2 of 2
May 17, 2016 - Page 55 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 20, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail, USDA, Forest Service Eagle/Holy Cross Ranger District
Regarding the Town of Vail Hazardous Fuels Reduction Project; and Setting Forth Details in
Regard Thereto
BACKGROUND: During the first budget supplemental of 2016 Council approved funding of
phase one of the Intermountain Fuels Reduction Project (also referred to as Town of Vail
Hazardous Fuels Reduction Project) in the amount of $63,700. This Intergovernmental
Agreement sets forth the conditions for the transfer of funds to the U.S. Forest Service to initiate
this project.
ATTACHMENTS:
Description
Memo Regarding Resolution No. 20, Series of 2016
Resolution No. 20, Series of 2016
May 17, 2016 - Page 56 of 218
TOWN OF
Memorandum
To:
From:
Date:
Subject
Town Council
Mark Novak
May 17, 2016
Resolution No. 20, Series of 2016
Background
The first budget supplemental of Fiscal Year 2016 included funding the Intermountain Fuels
Reduction Project (also referred to as the Town of Vail Hazardous Fuels Reduction Project).
The funding approved in the supplemental was in the amount of $63,700. This funding was to
be transferred to the United States Forest Service (USFS) to complete the hand thinning portion
of the project and to initiate pile burning and noxious weed treatments. The attached agreement
will allow the Town of Vail to transfer $63,700 to the USFS for this project. Any funding provided
to the USFS that exceeds actual costs will be returned to the Town.
Entering into this agreement does not commit the Town to funding subsequent phases of the
project. It is anticipated that the FY 2017 budget request will include funding for the remainder of
the project. This request is projected at approximately $700,000.00. Of this amount,
approximately $47,000.00 would be allocated to the USFS to complete pile burning of phase I,
conduct project monitoring and noxious weed treatments. The remainder of the 2017 budget
request would be directly related to implementation of the helicopter logging proposed for phase
11 of the project.
Staff Recommendation
Approve resolution No. 20, Series of 2016.
May 17, 2016 - Page 57 of 218
RESOLUTION NO. 20
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL, USDA, FOREST SERVICE WHITE RIVER NATIONAL FOREST
SERVICE EAGLE/HOLY CROSS RANGER DISTRICT REGARDING THE TOWN OF VAIL
HAZARDOUS FUELS REDUCTION PROJECT; AND SETTING FORTH DETAILS IN
REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws of
the State of Colorado and the Town Charter (the "Charter"); and
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, the U.S. Forest Service is responsible for the management, use, and
stewardship of natural and cultural resources on national forests and grasslands;
WHEREAS, the Cooperative Funds Act of 1914 allows the U.S. Forest Service to
collect contributions for forest investigation, protection, management and improvement work
on National Forest System lands that is the responsibility of the U.S. Forest Service;
WHEREAS, the purpose of the Intergovernmental Agreement (the "IGA") is to
document the voluntary contribution of funds from the Town to the U.S. Forest Service to
implement hazardous fuels reduction activities on National Forest System lands adjacent to
the Town; and
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA 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.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of May, 2016.
Dave Chapin, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 20. Series 2016
May 17, 2016 - Page 58 of 218
5 USDA, Forest Service OMB 0-15 0217
FS -150D-1 ]
FS Agreement No. 16 -CO -11021507-047
Cooperator Agreement No.
COLLECTION AGREEMENT
Between The
TOWN OF VAIL
And The
USDA, FOREST SERVICE
WHITE RIVER NATIONAL FOREST SERVICE
EAGLE/HOLY CROSS RANGER DISTRICT
This COLLECTION AGREEMENT is hereby entered into by and between the Town of Vail,
hereinafter referred to as "Cooperator", and the USDA, Forest Service, White River National
Forest's Eagle/Holy Cross Ranger District, hereinafter referred to as the "U.S. Forest Service,"
under the provisions of the: The Cooperative Funds Act of June 30, 1914 (16 U.S.C. 498 as
amended by Pub. L. 104-127).
Background: The U.S. Forest Service, as an agency of the United States of America, is
responsible for management of National Forest System (NFS) lands and therefore, is responsible
for the management, use, and stewardship of natural and cultural resources on national forests
and grasslands. The Cooperative Funds Act of 1914 allows the U.S. Forest Service to collect
contributions for forest investigation, protection, management and improvement work on the
NFS lands that is the responsibility of the U.S. Forest Service.
The purpose of this Collection Agreement is to assign responsibility for U.S. Forest Service costs
associated with hazardous fuels reduction on the White River National Forest adjacent to the
Town of Vail, Colorado.
This Agreement is not a commitment to or approval of any activities that are subject to
completion of environmental analysis, NEPA and other procedures; project work associated with
this agreement consist of forest protection and natural resource management of the National
Forest System.
Title: Town of Vail Hazardous Fuels Reduction Project
I. PURPOSE: The purpose of this agreement, and incorporated Financial Plan (Exhibit A), is
to document the voluntary contribution of funds from the Cooperator to the U.S. Forest
Service to implement hazardous fuels reduction activities on National Forest System lands
adjacent to the Town of Vail, Colorado, managed by the U.S. Forest Service.
This project is considered to be mutually beneficial to the Cooperator and the U.S. Forest
Service. As such, the U.S. Forest Service agrees to waive recovery of indirect costs. This
is a multi-year agreement incorporating multiple hazardous fuel projects which will
cross Federal fiscal years. Funds provided to the U.S. Forest Service are available for
the period of performance of this Agreement.
Page 1 of 6
May 17, 2016 - Page 59 of 218
S USDA, Forest Service OMB 01
FS --1515 000--111
II. THE COOPERATOR SHALL:
A. LEGAL AUTHORITY. The Cooperator shall have the legal authority to enter into this
agreement, and the institutional, managerial, and financial capability to ensure proper
planning, management, and completion of the project, which includes funds sufficient to
pay the nonfederal share of project costs, when applicable.
B. Perform in accordance with the Financial Plan, see attached Exhibit A.
C. Upon presentation of a Bill of Collection, advance the U.S. Forest Service for $63,700.00
as shown in the incorporated Financial Plan, attached as Exhibit A.
D. Acknowledge and understand that emergencies, such as wildfire, may have an impact on
the workload demands of the U.S. Forest Service, and thus the time frame for the U.S.
Forest Service work covered by this agreement.
III. THE U.S. FOREST SERVICE SHALL:
A. ADVANCE BILLING. The U.S. Forest Service shall bill the Cooperator prior to
commencement of work for deposits sufficient to cover the estimated costs for the
specific payment period.
Billing Method: 1. Single lump sum advance bill.
Billing must be sent to:
Town of Vail
Attn: Mark Novak
2399 North Frontage Road West
VAIL, CO 81657
Email: mnovak@,vailgov.com
B. Perform in accordance with the attached Financial Plan, Exhibit A.
C. Use the Cooperator's funds only for proposes of performing work necessary and agreed
upon in the incorporated Financial Plan, see Exhibit A.
IV. IT IS MUTUALLY AGREED AND UNDERSTOOD BY AND BETWEEN THE
PARTIES THAT:
A. The Cooperator's contributions are made voluntarily to the U.S. Forest Service to support
hazardous fuels reduction projects and activities.
B. The Cooperator's contributions are not solicited by the U.S. Forest Service.
Page 2 of 6
May 17, 2016 - Page 60 of 218
1 LASUSDA, Forest Service OMB 0596-0217
FS -1500-11
C. This Agreement may be modified in the future by mutual consent of both parties. See
provision Q of this section.
D. CONTINGENCY-, NO DEBT. Pursuant to Article X, § 20 of the Colorado Constitution,
any financial obligation of the Town under this agreement is specifically contingent upon
annual appropriation of funds sufficient to perform such obligation. This agreement shall
never constitute a debt or obligation of the Town under any statutory or constitutional
provision."
E. PRINCIPAL CONTACTS. Individuals listed below are authorized to act in their
respective areas for matters related to this agreement.
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Paul Cada
Wildland Program Administrator
Vail Fire and Emergency Services
2399 North Frontage Road West
Vail, CO 81657
970.477.3475
970.531.5577cell
colas
Principal U.S. Forest Service Contacts:
Mark Novak
Fire Chief
Vail Fire and Emergency Services
2399 North Frontage Road West
Vail, CO 81657
970.477.3474
970.471.0927cell
U.S. Forest Service Program Manager
Contact
U.S. Forest Service Administrative
Contact
Cary Green
Clark Woolley
Forester
Grants & Agreements Specialist
24747 US Hwy 24, PO Box 190
900 Grand Avenue
Minturn, CO 81645
Glenwood Springs, CO 81601
Telephone: 970-827-5160
Telephone: 970-945- 3227
Email: cQreen(Ws.fed.us
Email: cmwoolleynfs.fed.us
F. U.S. FOREST SERVICE LIABILITY TO THE COOPERATOR. The United States
shall not be liable to the Cooperator for any costs, damages, claims, liabilities, and
judgments that arise in connection with the performance of work by the U.S. Forest
Service or its contractors under this collection agreement, including but not limited to fire
suppression costs and damage to any property owned by the Cooperator or any third
.party.
Page 3 of 6
May 17, 2016 - Page 61 of 218
" OMB 0596-0217
S USDA, Forest Service F5-1500.11
G. REFUNDS. Funds collected in advance by the U.S. Forest Service, which are not spent
or obligated for the project(s) approved under this agreement, may be refunded to the
Cooperator, authorized for use for a new agreement by the Cooperator, or waived by the
Cooperator. A DUNS number and registration in the System for Award Management
(SAM.gov) by the Cooperator may be necessary to process a refund. Due to processing
costs, any balance less than $25 shall not be refunded to the Cooperator.
H. PUBLIC NOTICES. It is the U.S. Forest Service's policy to inform the public as fully as
possible of its programs and activities. The Cooperator is encouraged to give public
notice of the receipt of this agreement and, from time to time, to announce progress and
accomplishments. Press releases or other public notices should include a statement
substantially as follows:
"White River National Forest of the U.S. Forest Service, Department of Agriculture."
The Cooperator may call on the U.S. Forest Service's Office of Communication for
advice regarding public notices. The Cooperator is requested to provide copies of notices
or announcements to the U.S. Forest Service Program Manager and to the U.S. Forest
Service's Office of Communications as far in advance of release as possible.
I. FREEDOM OF INFORMATION ACT (FOIA). Public access to agreement records must
not be limited, except when such records must be kept confidential and would have been
exempted from disclosure pursuant to Freedom of Information regulations (5 U.S.C.
552).
J. PARTICIPATION IN SIMILAR ACTIVITIES. This agreement in no way restricts the
U.S. Forest Service or the Cooperator from participating in similar activities with other
public or private agencies, organizations, and individuals.
K. ENDORSEMENT. Any of the Cooperator's contributions made under this agreement do
not by direct reference or implication convey U.S. Forest Service endorsement of the
Cooperator's products or activities and does not by direct reference or implication convey
the Cooperator's endorsement of the Forest Service products or activities.
L. NOTICES. Any communication affecting the operations covered by this agreement by
the U.S. Forest Service or the Cooperator will be sufficient only if in writing and
delivered in person, mailed, or transmitted electronically by e-mail or fax, as follows:
To the U.S. Forest Service Program Manager, at the address specified in the
agreement.
To the Cooperator, at the Cooperator's address shown in the agreement or such
other address designated within the agreement.
Notices are effective when delivered in accordance with this provision, or on the
effective date of the notice, whichever is later.
Page 4 of 6
May 17, 2016 - Page 62 of 218
S USDA, Forest Service OMB 0596-0217-1500-11 1
FS --15150D-10211
M. COLLABORATION. The U.S. Forest Service and the Cooperator may mutually agree to
collaborate in the review of draft publications, interpretive signs, manuscripts, and other
printed material and audiovisuals prior to completion. This agreement, in and of itself,
does not authorize the Cooperator's participation in the project.
N. USE OF U.S. FOREST SERVICE INSIGNIA. In order for the Cooperator to use the
U.S. Forest Service insignia on any published media, such as a Web page, printed
publication, or audiovisual production, permission must be granted from the U.S. Forest
Service's Office of Communications. A written request must be submitted and approval
granted in writing by the Office of Communications (Washington Office) prior to use of
the insignia.
O. TERMINATION FOR COLLECTION AGREEMENTS. Either party, in writing, may
terminate this agreement in whole, or in part, at any time before the date of expiration.
The U.S. Forest Service shall not incur any new obligations for the terminated portion of
this agreement after the effective date of termination and shall cancel as many obligations
as possible. Full credit must be allowed for U.S. Forest Service expenses and all non-
cancelable obligations properly incurred up to the effective date of termination.
P. DEBARMENT AND SUSPENSION. The Cooperator shall immediately inform the U.S.
Forest Service if they or any of their principals are presently excluded, debarred, or
suspended from entering into covered transactions with the Federal Government
according to the terms of 2 CFR Part 1.80. Additionally, should the Cooperator or any of
their principals receive a transmittal letter or other official Federal notice of debarment or
suspension, then they shall notify the U.S. Forest Service without undue delay. This
applies whether the exclusion, debarment, or suspension is voluntary or involuntary.
Q. MODIFICATIONS. Modifications within the scope of this agreement must be made by
mutual consent of the parties, by the issuance of a written modification signed and dated
by all properly authorized, signatory officials, prior to any changes being performed.
Requests for modification should be made, in writing, at least 30 days prior to
implementation of the requested change.
Page 5 of 6
May 17, 2016 - Page 63 of 218
S USDA, Forest Service OMB 0596-0217
FS -1500-11
R. COMMENCEMENT/EXPIRATION DATE. This agreement is executed as of the date
of the last signature, and has an expiration date of December 1, 2021. The expiration
date is the final date for completion of all work activities under this agreement.
S. AUTHORIZED REPRESENTATIVES. By signature below, each party certifies that the
individuals listed in this document as representatives of the individual parties are
authorized to act in their respective areas for matters related to this agreement. In witness
whereof, the parties hereto have executed this agreement as of the last date written below.
STAN ZEMLER, Town Manager
Town of Vail, Colorado
Date
SCOTT G. FITZWILLIAMS, Forest Supervisor Date
U.S. Forest Service, White River National Forest
Attachment(s): Financial Plan (Exhibit A)
The authority and format of this agreement have been reviewed and approved for
signature. , 1
S -/,y /14
CLARK M. WOOLLEY, G&A Spe lalist Date
U.S. Forest Service, White River National Forest
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conductor sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 4 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or
part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require
alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice
and TDD).
To file a complaint of discrimination, write USDA, Director, Office o1 Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free
(866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or 1866) 377-8642 (relay voice). USDA
is an equal opportunity provider and employer.
Page 6 of 6
May 17, 2016 - Page 64 of 218
U.S. Forest Service
OMB 0596-0217
FS -1500-18
Forest Service Agreement #1 16 -CO -11021507-047 Cooperator Agreement #
Collection Agreement Financial and Operating Plan (Multi -Year)
Cooperator and FS Contributions
COST ELEMENTS and related data
Cooperator
Contribution
FS Non -Cash
Contribution
Line Item Cost Subtotals
Subtotal
Subtotal
Combined
Subtotals
PERSONNEL
Resource Specialists (List all personnel):
# of
Days
S/Day
FMO - R.Wilmore
2,00
$400.00
$800.00
$800.00
AFMO - J. Conrad
5.00
$325.00
$1,625.00
$1,625.00
Todd Ayers, E606
15.00
$265.00
$3,975.00
$3,975.00
Todd King, E606
15.00
$280.00
$4,200.OD
$4,200.00
Eric Hughes, E607
12.00
$280.00
$3,360.0D
$3,360.00
Mary Flynn, E609
10.00
$235.00
$2,350.00
$2,350.00
$0.00
Range Technician, S. Elzinga
2.00
$330.00
$660.00
$660.00
Range Technician GS -5 (Seasonal)
10.00
$150.00
$1,500.00
$1,500.00
$0.00
Subtotal, Personnel:
71.00
$18,470.00
$0.001
$18,474.00
TRAVEL
Explanation of trips:
From Wheie,To Where/For Whom
'Vehicle
Mileage
Cost or
Airfare
Cost
# of
Trips
PerDiem
and
Lodging
Fleet - UCR
50.00
8
$400.00
$400.00
$0.00
$0.00
Subtotal, Travel:
$50.00
8
$0.00
$400.00
$0.00
$404.00
EQUIPMENT
Type
Unit
Cost
Quantity
Drip Torches
$150
5
$750.00
$750.00
BackPack Sprayers
$160
4
$640.00
$640.00
$0.00
Subtotal, Equipment:
1
$310.001
9
$1,390.001
$0.00
$1,390.00
SUPPLIES
Name and Type of Supplies:
Unit
Cost
Quantity
Fuel
$10
30
$300.00
$300.00
Herbicide
$300
1
$300.00
$300.00
$0.00
Subtotal, Supplies:
I
$310.00
311.-.-$600-001$0.001
$600.00
May 17, 2016 - Page 65 of 218
U.S. Forest Service
OMB 0596-0217
FS -1500-18
CONTRACTUAL
Describe Contracts that will most likely result from thisproject:
IDIQ Hand Treatment Contract $42,000.00 $42,000.00
$0.00
$0.00
Subtotal, Contractual: $42,000.00 $0.00 $42,000.00
OTHER
Describe Other Costs of the Pro"ect:
Burn Permit
$840.00
$840.00
$0.00
$0.00
Subtotal, Other:
$840.00
$0.00
$840.00
TOTAL DIRECT CHARGES
$63,700.00
$0.00
$63,700.00
OVERHEAD ASSESSMENT
(if applicable: see FSH 1909.13)
Insert
Rate
Here:
o.o°i°
$o.oa
Total Party Costs
$63,700.00
$0A4
$63,700.00
COST ELEMENTS SUBJECT TO NATIONAL
PASS-THROUGH RATES
Cooperator Contribution.
TOTAL CHARGES
$0.00
OVERHEAD ASSESSMENT
(if applicable, see FSH 1909-13)
Insert
Rate
Here:
0.0%
$0.00
Total Pass -Through Costs
$0.00
TOTAL PROJECT COSTS
$63,700.00
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 45 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information_
The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and
where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of
an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means
for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD).
To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20254-9410 or call toll free (856)
632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal
opportunity provider and employer.
May 17, 2016 - Page 66 of 218
May 05, 2016 6:29 PM Pacle 1 of 1
May 17, 2016 -Page 67 of 218
SAM Search Results
List
of records matching your search for:
Search Term : Town* of Vail','
Record Status: Active
ENTITY AVAIL, TOWN OF
Status:Active
DUNS: 961904703 +4:
CAGE Code: 4R6V0 DoDAAC:
Expiration Date: Mar 28, 2017
Has Active Exclusion?: No Delinquent Federal Debt?: No
Address: 75 S FRONTAGE RD
W
City: VAIL
State/Province: COLORADO
ZIP Code: 81657-5043
Country: UNITED STATES
May 05, 2016 6:29 PM Pacle 1 of 1
May 17, 2016 -Page 67 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 21, Series of 2016, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and Other Colorado Governmental Agencies Regarding
Mutual Fire Aid; and Setting Forth Details in Regard Thereoto
BACKGROUND: The Colorado Intergovernmental Agreement For Fire Mutual Aid provides for
statewide mutual aid between fire agencies. This agreement provides for a twelve (12) hour mutual
aid period and allows for "all risk" mutual aid.
ATTACHMENTS:
Description
Memo Regarding Resolution No. 21, Series of 2016
Resolution No. 21, Series of 2016
May 17, 2016 - Page 68 of 218
TOWN OF
Memorandum
To:
From:
Date:
Subject
Town Council
Mark Novak, Fire Chief
May 17, 2016
Resolution No. 21, Series of 2016
Background
Fire Departments throughout Colorado, including Vail Fire are dependent upon mutual aid to
effectively handle large emergency incidents. The Colorado Revised Statutes (CRS) allow Fire
Departments to share resources as mutual aid. While the CRS provides the legal framework for
mutual aid, it does not provide guidance as to the terms by which mutual aid is provided. The
Colorado Intergovernmental Agreement for Fire Mutual Aid (CFMA) was developed by the
Colorado State Fire Chiefs to provide guidance regarding mutual aid. This agreement
establishes guidance on issues such as the duration of the mutual period (12 hours) and
responsibility for costs incurred while providing mutual aid.
The CFMA does not replace local mutual aid agreements that address specific local area
needs. Vail Fire and Emergency Services (VFES) currently has local mutual aid agreements
with Copper Mountain Fire Department and Eagle River Fire Protection District. VFES is also a
participant in the Eagle County Mutual Aid Plan.
The CFMA is part of a plan currently being developed by the Colorado State Fire Chiefs to
provide fire departments in need of mutual aid, access to a greater number of resources and to
remove barriers to rapid mobilization of these resources. The CFMA does not specifically list
participating agencies as there are approximately 395 fire departments in the State of Colorado.
Staff Recommendation
Approve on consent agenda
May 17, 2016 - Page 69 of 218
RESOLUTION NO. 21
Series 2016
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND OTHER COLORADO GOVERNMENTAL AGENCIES
REGARDING MUTUAL FIRE AID; 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 of Vail Fire Department is authorized to provide fire protection
and emergency services within Town boundaries and under certain circumstances outside
their jurisdictional boundaries;
WHEREAS, the Town would benefit from the availability of other participating
municipal operating fire departments and other governmental agencies (the "Parties")
authorized to provide emergency services in the event of fires, emergency medical incidents
or other incidents;
WHEREAS, the purpose of the Intergovernmental Agreement (the "IGA") is to
provide mutual aid response of equipment and personnel of each Party to areas within the
jurisdiction of another Party; and
WHEREAS, the Council considers it in the interest of the public health, safety and
welfare to enter into this Intergovernmental Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
1. The Council hereby approves the IGA and authorizes the Town
Manager to enter into the IGA 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.
2. This Resolution shall be effective immediately upon adoption.
INTRODUCED, READ, APPROVED AND ADOPTED this 17th day of May, 2016.
Dave Chapin, Town Mayor
ATTEST:
Patty McKenny, Town Clerk
Resolution No. 21. Series 2016
May 17, 2016 - Page 70 of 218
COLORADO INTERGOVERNMENTAL AGREEMENT FOR FIRE MUTUAL AID
THIS INTERGOVERNMENTAL AGREEMENT FOR MUTUAL AID ("Agreement") is made by and
between the parties who are signatory to this Agreement.
WHEREAS, the Parties are authorized to provide fire protection, and in some instances other
emergency services, such as hazardous material, extrication, rescue, ambulance and/or
emergency medical services, within their jurisdictional boundaries and under certain
circumstances outside their jurisdictional boundaries, including fire protection districts duly
organized and operating pursuant to the provisions of Article 1, Title 32, Colorado Revised
Statutes ("C.R.S."); municipalities operating fire departments pursuant to Article 15, Title 30,
C.R.S; and other governmental agencies authorized to provide such services; and
WHEREAS, the Parties acknowledge that each Party would benefit from the availability of the
other Parties in the event of fires, emergency medical incidents or other incidents; and,
WHEREAS, pursuant to the provisions of the Colorado Constitution, Article XIV, Section 18(2)(a)
and (b) and C.R.S. § 29-1-203, the Parties desire to enter into an agreement to provide for
mutual aid response of equipment and personnel of each Party to areas within the jurisdiction
of another Party; and,
WHEREAS, establishment of a mutual aid agreement will serve a public purpose and will
promote the safety, security and general welfare of the public.
NOW THEREFORE, in consideration of the mutual performance of the covenants, agreements
and promises set forth herein, the Parties agree as follows:
1. Colorado Revised Statutes. Except for the provisions of C.R.S. §29-5-108, the provisions of
Article 5, Title 29, the Colorado Revised Statutes, as amended, shall apply to the Parties.
The statute shall control in the event of a conflict between the statute and this Agreement.
The Assisting Party's equipment and personnel shall at all times remain under the
immediate and complete control of the Assisting Party. As such, the provisions of C.R.S.
§29-5-108 do not apply to this Agreement.
2. Definitions. The following terms used in this Agreement are defined as follows:
a. "Assisting Party' means a Party providing or requested to provide Mutual Aid
within the jurisdictional boundaries of the Requesting Party.
b. "Emergency Incident" means a reported fire, emergency medical, rescue or
hazardous material incident requiring an emergency response by a Party.
c. "Mutual Aid" means the assistance provided by an Assisting Party to a
Requesting Party on direct request of the Requesting Party.
4/27/2015
May 17, 2016 - Page 71 of 218
d. "Party" means a municipal fire department, fire protection district or other
governmental agency that has signed this Agreement".
e. "Parties" means every Party that has signed this Agreement.
f. "Requesting Party" means a Party within whose jurisdiction an emergency
incident has been reported and which is assisted by or has requested assistance
of an Assisting Party.
3. Mutual Aid. Each Party agrees to provide Mutual Aid to another Party or Parties when
requested; provided, however, that an Assisting Party shall provide Mutual Aid at its
sole discretion and shall be excused from making equipment and personnel available in
the event of a pre-existing or contemporaneous need within the Assisting Party's
jurisdiction, or when insufficient resources are available to provide Mutual Aid. The
decision to provide Mutual Aid shall be made by the Assisting Party at its sole discretion,
which decision shall be final and conclusive.
4. No Liability for Failure to Provide Mutual Aid. No liability of any kind or nature,
whether expressly or implied, shall be attributed to or be assumed by a Party, its duly
authorized agents and personnel, for failure or refusal to provide Mutual Aid. Nor shall
there by any liability of a Party for withdrawal of Mutual Aid once provided pursuant to
the terms of this Agreement.
5. Pre -Approval. By signing this Agreement, the governing body of a Party is hereby
deemed to have approved the provision of Mutual Aid beyond its political boundaries ,
and any Mutual Aid provided pursuant to this Agreement shall not require any further
approval by the governing body of the Party.
6. Mutual Aid Period. The extent of the Mutual Aid period shall be twelve (12)
consecutive hours from the time of initial dispatch of the Emergency Incident, unless
extended by an additional agreement between the Parties. The initial dispatch shall be
the first notification of the Emergency Incident; a Requesting Party may not circumvent
the limitation on Mutual Aid by re -toning when Mutual Aid is requested or by using the
time of notification of an Assisting Party.
7. Cost. Each Party shall be responsible for all costs, including wages, benefits or other
compensation of its personnel incurred in the performance of this Agreement through
the end of the Mutual Aid period and shall not seek reimbursement from the
Requesting Party, except for third party reimbursement as is allowed by law and
collected by the Requesting Party. Nothing herein shall operate to bar any recovery of
funds from any state of federal agency under any existing statute.
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2
May 17, 2016 - Page 72 of 218
8. Supplies. Each Party shall be responsible for providing fuel, potable water, food and
other such normal consumable supplies used by its own personnel and equipment. The
Requesting Party shall be responsible for providing for or reimbursing the use of
firefighting foam, special extinguishing agents, medical equipment and similar
consumables when use is requested by the Requesting Party.
9. Damages. Each Party hereby assumes all liability and responsibility for damage to its
own apparatus and/or equipment, except when such damage is directly caused by
another Party to this Agreement. Each Party also assumes all liability and responsibility
for any damage caused by its own apparatus while in route to or returning from an
Emergency Incident. No Party shall be liable or responsible for the personal property of
the Assisting Party's personnel which may be lost, stolen or damaged while performing
their duties under this Agreement. A Requesting Party may, in its sole discretion, replace
or reimburse the cost of an Assisting Party's equipment damaged or expended in
providing Mutual Aid if requested by the Assisting Party.
10. Not a Replacement for Responsibility. Each Party shall be expected to maintain its
equipment and organize its emergency response method with both personnel and
equipment to the degree necessary to handle ordinary and routine Emergency Incidents
occurring within its boundaries and for which the Party is organized. A Requesting Party
shall not expect any other Party to respond to an Emergency Incident where the request
arises due to a failure of the Requesting Party to organize available personnel or
maintain equipment in reasonably working order and in sufficient quantity to meet the
normal and routine needs of the persons and property within the Requesting Party's
jurisdiction. Nothing in this Agreement prevents two or more of the Parties from
entering into contracts, automatic aid agreements or other methods to meet their
responsibilities as agreed between those Parties.
11. Joining Parties. Each Party agrees to allow a municipal fire department, fire protection
district or other governmental emergency response agency to join this Agreement after
formal approval of the governing body of such municipal fire department, fire
protection district or other governmental emergency response agency and notification
of such action to each of the other Parties to this Agreement.
12. Third Party Recovery. Each Party agrees that, for each Emergency Incident within its
jurisdictional boundaries for which it has requested Mutual Aid through this Agreement,
it will reasonably pursue any and all legal reimbursement possible, pursuant to state and
federal laws, including but not limited to reimbursement for hazardous materials
4/27/2015
3
May 17, 2016 - Page 73 of 218
incidents occurring within its boundaries, on behalf of all Assisting Parties, and upon full
or partial payment by the responsible entity, shall distribute the reimbursement in a fair
and equitable manner to Assisting Parties based on their relative documented expenses
for the Emergency Incident.
13. Governmental Immunity. This Agreement is not intended, and shall not be construed, as a
waiver of the limitations on damages or any of the privileges, immunities, or defenses
provided to, or enjoyed by, the Parties and their councilpersons, directors, officers,
employees and volunteers under common law or pursuant to statute, including but not
limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.
14. Liability Insurance. Each Party is responsible for determining and maintaining adequate
levels of its own liability insurance.
15. Personnel Status. Nothing contained in this Agreement, and no performance under this
Agreement by personnel of the Parties, shall in any respect alter or modify the status of
officers, employees, volunteers or agents of the respective Parties for purposes of
worker's compensation or their benefits or entitlements, pension, levels or types of
training, internal discipline, certification, rank, or for any purposes or conditions of
employment or volunteerism. Worker's compensation shall be as structured in C.R.S §
29-5-109. Pension benefits shall be provided as set forth in C.R.S. § 29-5-110.
16. Equal Value. Each Party declares that the value of this Agreement is equal to all Parties.
17. Severability. In the event that any part, term or provision of this Agreement is found to
be in violation or conflict with any federal or state law, the validity of the remaining
portions or provisions shall not be affected, and the rights and obligations of the Parties
shall be construed and enforced as if the Agreement did not contain the particular part,
term or provision held to be invalid.
18. Governing Law. This Agreement shall be governed by and construed in accordance with
Colorado law.
19. Governance. An Executive Board may be established by signatory parties to consider,
adopt and amend rules, procedures, by-laws and other matters deemed necessary by
the parties. The Executive Board shall consist of elected members from signatory
parties who shall serve as voting representatives of other signatories and be established
and structured as the signatory parties deem appropriate.
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4
May 17, 2016 - Page 74 of 218
20. Binding. This Agreement shall be binding on the successors and assigns of each Party,
except that no Party may assign any of its rights or obligations hereunder without the
prior written consent of all other Parties
21. No Third Party Benefit. This Agreement is made for the benefit of the Parties, and is not
intended to benefit any third party or be enforceable by any third party. The rights of
the Parties under or relating to this Agreement are not subject to the consent of any
third party.
22. Term and Effective Date. This Agreement shall be in effect upon the date of the first
signature; and shall be effective for each Party upon their authorized signatures. Unless
terminated by all of the Parties, this Agreement shall remain in effect for so long as
there are at least two Parties to this Agreement.
23. Termination. All of the Parties may terminate this Agreement at any time by written
agreement of all of the Parties. Any Party may terminate its participation in this
Agreement at any time upon thirty (30) days written notice to each of the other Parties.
Notice may be made through the Colorado State Mutual Aid Board or through direct
mailing to each Party.
24. Execution. This Agreement may be executed in multiple counterparts or duplicate
originals, each of which shall be constitute and be deemed as one and the same
document.
25. Amendments. This agreement may only be amended by written consent of all the
parties hereto. The undersigned unit of local government or public agency hereby has
adopted, and subscribes to, and approves this COLORADO INTERGOVERNMENTAL
AGREEMENT FOR FIRE MUTUAL AID to which this signature page will be attached, and
agrees to be a party thereto and be bound by the terms thereof.
4/27/2015
5
May 17, 2016 - Page 75 of 218
COLORADO INTERGOVERNMENTAL AGREEMENT FOR FIRE MUTUAL AID
SIGNATURE PAGE
This signatory certifies that this COLORADO INTERGOVERNMENTAL AGREEMENT FOR FIRE
MUTUAL AID has been approved by ordinance, resolution, or other manner approved by law, a
copy of which document is attached hereto.
Political Entity
President, Mayor, or Designee
Date
4/27/2015
0
May 17, 2016 - Page 76 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Request to Award Construction Contract for Booth Creek Park Redevelopment
and Golden Peak Sport Courts
BACKGROUND: The purpose of this item is to request the Town Council direct the Town
Manager to enter into a construction contract with RA Nelson, LLC. in an amount not to exceed
$1,971,054.27 for the construction of improvements to Booth Creek Park and the Golden Peak
Sports Courts (Pickleball Courts).
ATTACHMENTS:
Description
Booth Creek Park Redevelopment Contract Award Memorandum
May 17, 2016 - Page 77 of 218
0
rowN of vain
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: May 17, 2016
Subject: Request to Award Construction Contract for Booth Creek Park Redevelopment and
Golden Peak Sport Courts.
INTRODUCTION
The purpose of this item is to request the Town Council direct the Town Manager to enter into a
construction contract with RA Nelson, LLC.in an amount not to exceed $1,971,054.27 for the
construction of improvements to Booth Creek Park and the Golden Peak Sports Courts
(Pickleball Courts).
BACKGROUND
The Town received 3 bids for the construction of the Booth Creek Park and Golden Peak Sport
Courts on Tuesday, May 10, 2016. Both projects were bid together as one package because of
the similarities in scope and schedule. One bid received was found to be in error and was
allowed to be withdrawn. The 2 responsible bidders were RA Nelson, LLC with a bid of
$1,971,054.27 and American Civil Constructors with a bid of $2,312,330.00. RA Nelson, LLC.is
the lowest responsible bidder. The bid for the 2 projects is broken down as follows:
Booth Creek Park Redevelopment $1,503,970.42
Golden Peak Sports Courts $ 440,146.85
The bid amounts for both projects are within the project budgets.
III. STAFF RECOMMENDATION
Town Staff recommends the Town Council direct the Town Manager to enter into a construction
contract with RA Nelson, LLC. in the amount of $1,971054.27 for the constructin of the Booth
Creek Park and Golden Peak Sport Courts.
May 17, 2016 - Page 78 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Vail Youth Recogition Award
PRESENTER(S): Scott O'Connell, Vail Valley Exchange
ACTION REQUESTED OF COUNCIL: Present local students with Vail Youth Recognition Award.
BACKGROUND: The purpose of the award is to recognize and reinforce outstanding
achievement by youth of the Upper Eagle Valley, both for their individual achievements and as role
models for their peers. The Vail Town Council created this award to acknowledge and reward
students from our community schools.
May 17, 2016 - Page 79 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Update on KAABOO-Vail Music Experience August 18-20,2017
PRESENTER(S): Mike Imhoff, Vail Valley Foundation, Bryan Gordon, KAABOO
ACTION REQUESTED OF COUNCIL: Feedback and input requested but no formal action
requested at this time. Will request formal approval by Council to proceed with this project at first
meeting in June 2016.
BACKGROUND: VVF and our partner KAABOO have had a myriad of meetings since the last
council update (April 5) with all primary Vail community interested parties and groups that may be
impacted by our KAABOO-Vail project. As part of the materials, VVF has drafted a detailed vision
and plan with a 90 day action steps for council review. KAABOO Music Experience is not a music
festival, but an experience catering to a specific audience and consumer over a three day weekend
in Vail. The event offers fine dining, comedy, premium spirits, craft breweries, VIP experiences,
and live music.
ATTACHMENTS:
Description
KAABOO Vail Music & Lifestyle Mixperience Vision and Strategic Plan
May 17, 2016 - Page 80 of 218
l�
r
KAABOO-VAIL
MUSIC &LIFESTYLE
MIXPERIENCE
VISION er STRATEGIC PLAN
K AA
Ec oll
presented by:
THE VAIL VALLEY FOUNDATION
SUMMARY
KAABOO-VAIL is a music and lifestyle experience
like nothing else. KAABOO-VAIL will bring
thousands of affluent consumers to Vail for
three days of live music, comedy, art, mountain
lifestyle activities, premium dining, wines,
spirits, craft breweries and more. This document
shall outline the vision, goals and objectives of
the proposed KAABOO-VAIL music experience.
We will outline the tactical next steps needed to
operationally plan for and execute the
KAABOO-VAIL experience over the next 15
months; the legal contract process for select Vail
community organizational stakeholders; the PR
and public outreach communication plan and
estimated timelines of critical benchmarks to
ensure a successful KAABOO-VAIL August 2017.
The KAABOO-VAIL experience will include
approximately 50+ musical artists, high quality
art displays and live art exhibitions, comedy,
late night dance experiences, premium dining,
spirits, craft breweries and boutique wineries,
and consumer -facing interactive sponsor
activations featuring multiple premium brands
like Nordstrom and Mercedes, a spa, lounge
areas and a salon.
May 17, 2016 - Page 82 of 218
VISION
To create and sustain in Vail the most unique and successful music, art, comedy and culinary
active -entertainment experience in the Rocky Mountain region.
The Vail Valley Foundation is no stranger to new, large and complex active -entertainment and
athletic events. The Vail Valley Foundation has been working on KAABOO-VAIL since
September 2015 and we firmly believe KAABOO-VAIL is the right alignment for Vail, for the
mission of the Vail Valley Foundation and for our community. The Vail Valley Foundation is
confident KAABOO-VAIL will arguably become one of the most financially beneficial events for
Vail and our community in the history of our organization. The Vail Valley Foundation and
KAABOO-VAIL are committed to long-term partnerships to ensure KAABOO-VAIL remains an
iconic, annual experience in Vail for many years to come.
May 17, 2016 - Page 83 of 218
GOALS &
OBJECTIVES
• Launch inaugural KAABOO-VAIL August
18-20, 2017.
• Plan for a minimum 20+ year life of the
project in Vail.
• Communicate, collaborate and support
key community stakeholders impacted
by KAABOO-VAIL.
• Provide open and consistent communi-
cation with key stakeholders and the
Vail community.
• Drive substantial economic impact from
year one for Vail.
• Host KAABOO-VAIL during dates that are
a true need period for Vail summer.
• Work primarily with local restaurants
and chefs for the KAABOO-VAIL culinary
experience.
• Create substantial national and
international marketing exposure for
Vail through KAABOO.
• Ensure KAABOO-VAIL aligns with the
Vail brand and is programmed to
attract Vail's target demographic of
active lifestyle, affluent, discerning and
professional men and women.
• Introduce the next generation of
consumers, real estate buyers and
loyalists to Vail.
• Work closely with local police and fire
departments to develop an action plan
to safely and effectively execute the
KAABOO-VAIL event.
i
May 17, 2016 - Page 84 of 218
FACTS &
FIGURES
• KAABOO-VAIL will be the second
KAABOO project in the world. The first
KAABOO launched in Del Mar,
California in September 2015.
KAABOO-VAIL will be scaled to the
Vail community, with a year one
target attendance of approximately
15,000 people/day and a year five
(2021) goal of reaching 30,000+
people/day.
• The Vail Valley Foundation is in
partnership with KAABOO-VAIL to act
as a local organizing committee and
operational partner for infrastructure,
permitting, sponsorship support,
liquor license management, local
marketing, community outreach and
public relations. The Vail Valley
Foundation will have an equity
position within the KAABOO-VAIL
entity structure but the Vail Valley
Foundation is not responsible for the
financial risk of the project.
• Estimated multi-million dollar local
economic impact for year one.
• KAABOO-VAIL is a paid -ticket event
experience ranging from three-day
passes starting at approximately $200
each to customized VIP experience
packages starting at approximately
$700 each.
• KAABOO-VAIL does not promote or
market single -performance tickets
although a limited amount of single
day ticket offerings may be offered for
the 2017 event.
• The primary organizational players for
KAABOO-VAIL are The Madison
Companies (Bryan Gordon, Founder &
CEO and Seth Wolkov, President), LEO
Events (Kent Underwood, COO), Vail
Valley Foundation (Scott Bluhm, Dave
Dressman, Mac Garnsey, Duncan
Horner, Bob Ford and Mike Imhof) and
Madison Entertainment, Nashville,
Tennessee (Roger LeBlanc).
May 17, 2016 - Page 85 of 218
FREQUENTLY
ASKED QUESTIONS
Q. Is a music festival appropriate for Vai
A. KAABOO is a high-end music experience, not a r
festival. The Town of Vail, along with multiple
community stakeholders like the Vail Local Mark
District and the Vail Economic Advisory Council,
been searching for an appropriate live music exper
that matches our target demographics for many Y�Ula.
KAABOO's unique structure and boutique approach,
ensures that guests who attend KAABOO are the likely
future consumers, real estate buyers and enthusiasts of
Vail.
Q. Why would the Vail community want to
attract the type of consumers that attend live
3 music festivals?
A. The KAABOO-VAIL target audience is 25-65 year olds with an
average age of 37-39, discerning, affluent (average HHI of
$100k+), professional men and women who lead active lives. In
addition, KAABOO-VAIL limits the number of EDM, rap, hip hop
and heavy metal artists.
Q. Won't a music festival or music experience that attracts this many
people ruin the athletic fields and the clay tennis courts and damage the
Betty Ford Alpine Gardens?
A. KAABOO and the Vail Valley Foundation have provided a guarantee to the Vail Recreation
District to provide a full, protective covering that will ensure by contract, installation of a
proven, sophisticated turf protection system which covers all fields and protects from
high -traffic vehicle, equipment and foot damage. The system allows the grass to grow and
remain vital while covered. In addition, KAABOO-Vail also has contracted a turf consultant and
specialist company named Le Grows, Inc., owned by Steve LeGros, who is an expert in manage-
ment of highly sensitive fields used for event purposes as well as an expert in turf/grass
recovery methods and the complexities tied to high altitude environments and short -growing
seasons. KAABOO-VAIL has also provided a guarantee to the Vail Recreation District to ensure
protection by contract of the Ford Park tennis courts, which would be part of the
KAABOO-VAIL event footprint. The clay tennis courts will be covered with a protective
lay -down system. KAABOO-VAIL will be working with the clay court system designer/installer
to ensure the integrity of the courts and that the associated watering system is not
compromised. KAABOO-VAIL is working with the Betty Ford Alpine Gardens for the best
possible solution that allows the gardens to remain open to the public for as long as possible
and then is closed and fenced to protect the gardens from any damage.
May 17, 2016 - Page 86 of 218
Q. Isn't a project like KAABOO, which will bring so many people to Vail,
too big for our community?
A. KAABOO will scale to the size appropriate for Vail. Vail and the Vail Valley have more than
enough bed -base to accommodate the project, and since the ticket strategy is a weekend
pass program, the vast majority of all guests will stay multiple days in Vail and walk to and
from the event venues, lessening parking issues. The majority of all guests staying down
valley and attending KAABOO-VAIL will not be driving personal vehicles into Vail. Mass
transit bus service will transport guests into and out of Vail. KAABOO-VAIL will be consider-
ably smaller than KAABOO-DEL MAR. Year one attendance for KAABOO-VAIL is estimated at
approximately 15,000 people per day and our year five attendance goal is approximately
30,000 people per day. At maximum attendance (30,000+ people/day), we are still far less
than the Fourth of July. Years one through three attendance would be considerably smaller
numbers than what Vail sees on peak winter ski days, and for the sake of example, peak days
for GoPro Mountain Games in Vail yield over 20,000 people per day. In years three and four
and beyond, if we reach our goal attendance, it will be slightly more than what Mountain
Games sees on peak days but still materially less people than what Vail sees on Fourth of July
which is estimated at over 40,000 people.
Q. Is August the right time period for a project like this in Vail?
A. Yes. There are peak times each summer where Vail is fortunately full. The dates planned for
KAABOO-VAIL 2017 do not represent full periods. August 18-20, 2017 is a need period for our
community and lodging at best, operates around 50 percent occupancy with select
properties seeing spikes up to 60 perecent occupancy on weekends. KAABOO-VAIL will move
occupancy to 95+ percent in Vail and drive increased lodging occupancy down valley.
August is also a time of year with reliable and pleasant weather.
Q. I heard that this project will effectively shut down all of Ford Park for
three weeks. Is that true?
A. KAABOO-VAIL will not shut down Ford Park for three weeks. The event will impact the Ford
Park area with a phased approached. Load -in and load -out will include rolling closures
allowing for coexistence of set up for KAABOO-VAIL and ongoing, existing activities and
events taking place on the softball fields, tennis courts, Betty Ford Alpine Gardens, Gerald R.
Ford Amphitheater and the rugby field. A detailed event load -in phased -maps are attached to
this document.
Q. If it is not possible to make a final decision by June 10, 2016 to
proceed with KAABOO-VAIL in August 2017, can a final decision be made
in August or September 2016? Is there the option for KAABOO-VAIL in
2018?
A. No. The KAABOO-VAIL experience needs 15 months of planning, operational and artist
management in order to execute year one of the experience (August 2017), at the highest
level. Also, because of a personal connection the Vail Valley Foundation has to the ownership
group of KAABOO, The Vail Valley Foundation and the Vail community currently have an
exclusive opportunity today, to ensure that KAABOO is a reality in Vail for the next 20 years. If
we cannot receive a documented approval to proceed with KAABOO-VAIL for August 2017,
although KAABOO ownership may consider Vail as an option in 2018, we will no longer be an
exclusive consideration for the host resort and the KAABOO opportunity could likely go to a
competitor of Vail.
May 17, 2016 - Page 87 of 218
REQUEST
FOR APPROVAL
An event experience like KAABOO-VAIL requires a great deal of planning and operational
management. KAABOO-VAIL and the Vail Valley Foundation respectfully request the
documented approval of the Town of Vail Town Council and staff, Vail Recreation District
Board of Directors and Betty Ford Alpine Gardens Board of Directors and staff, by June 10, to
proceed with the long-term execution of the August 2017 KAABOO-VAIL and future years.
We do understand that the Town of Vail funding support needs to be voted on annually. If
the Vail Valley Foundation and KAABOO-VAIL can receive written commitment to proceed
from the Town of Vail, Vail Recreation District and Betty Ford Alpine Gardens for
KAABOO-VAIL August 2017 and beyond by June 10, 2016, this will allow us enough time to
ensure event excellence for year one.
EJENN-AIR
l - ZZIENN-AIR.
May 17, 2016 - Page 88 of 218
KAABOO-VAIL AND
VAIL VALLEY FOUNDATION
90 -DAY ACTION PLAN
The Vail Valley Foundation will present to the Vail Recreation District
Board of Directors May 12, 2016. This meeting/presentation to the Vail
Recreation District Board will include final plans for field turf
protection; worst-case scenario corrective action plans specific to turf;
load -in and load -out schedule plans for KAABOO-VAIL and impact, if
May 12, 2016
any, on other events or uses of Vail Recreation District facilities during
such timeframe; use of the tennis courts; protection of the integrity of
the clay courts and specific schedule of load -in, event use and load -out
dates, specific to the fields and tennis courts.
The Vail Valley Foundation will again present to the Vail Town
Council with public comment on May 17, 2016.
May 17, 2016
By May 30, 2016, the Vail Valley Foundation will have met with all
community organizations and Boards that may be impacted by
May 30, 2016
KAABOO-VAIL.
The Vail Valley Foundation will enter into a legal contract with the
Betty Ford Alpine Gardens by June 10, 2016 to ensure protection of the
gardens during the KAABOO-VAIL event and financial compensation,
June 10, 2016
as may be needed by the Betty Ford Gardens tied to lost revenue plus
insurance, indemnification and release of liability, etc.
The Vail Valley Foundation will enter into a long-term legal contract
with the Vail Recreation District by June 10, 2016 specific to use of its
facilities and land, required bond obligations of the Vail Valley June 10, 2016
Foundation/KAABOO, financial compensation to the Vail Recreation
District for use of its facilities, indemnification, insurance, release of
liability and long-term lease of the Vail Recreation District facilities
specific to the KAABOO-VAIL event dates. The Vail Valley Foundation
and KAABOO understand that the Vail Recreation District will require
termination rights should the Vail Valley Foundation/KAABOO breach
the representation and warranties required by the Vail Recreation
District.
The Vail Valley Foundation and KAABOO will continue to work closely
with the Vail Recreation District regarding turf protection at the Ongoing
athletic fields along with the Vail Recreation District tennis courts.
May 17, 2016 - Page 89 of 218
KAABOO-VAIL AND
NAIL VALLEY FOUNDATION
90 -DAY ACTION PLAN (cont.)
The Vail Valley Foundation will address the concerns of access to Vail
residents living in close proximity to the Vail athletic fields
(Northwoods Condominiums, Pinos Del Norte Condominiums) and will
July 7, 2016
present to the Vail Homeowners Association at their July 7, 2016
meeting.
The Vail Valley Foundation PR department will send a direct mail
informational letter to all homeowners and hoteliers in close proximity
July 2016
to the currently defined KAABOO-VAIL event venues.
The Vail Valley Foundation PR department will work with local media
outlets to encourage clear and open public communications regarding
July 2016
the event, its benefits and its impact via multiple mediums and
multiple outlets.
Between July 2016 and August 2017, the Vail Valley Foundation shall
host no less than three town hall meetings in Vail allowing community
stakeholders and constituents to learn more about KAABOO-VAIL, ask
July 2016 -
questions, express concerns and better understand event load -in and
August 2017
load -out impacts, traffic management, transportation flow and
homeowner ingress and egress to properties during event dates, etc.
The Vail Valley Foundation and KAABOO will work closely and
consistently with Town of Vail staff, Vail Recreation District staff and
July -
Betty Ford Alpine Gardens staff on all aspects of event planning.
Augusstt 2 2017
INFRASTRUCTURES
AND VENUES
Attached are venue maps which help define construction staging areas for load -in and
load -out, event perimeters, phased construction schedule and impact on other Town of
Vail events. The official venues include concert stages, comedy venue, art and curated
area, food areas, ticket/gate entry areas, spa, salon and the late night dance experience.
May 17, 2016 - Page 90 of 218
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May 17, 2016 - Page 91 of 218
PRELIMINARY SITE PLAN
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May 17, 2016 - Page 92 of 218
PRELIMINARY SITE PLAN
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May 17, 2016 - Page 93 of 218
PRELIMINARY SITE PLAN
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May 17, 2016 - Page 94 of 218
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May 17, 2016 - Page 95 of 218
PRELIMINARY SITE PLAFi —
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May 17, 2016 - Page 96 of 218
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May 17, 2016 - Page 97 of 218
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PRELIMINARY SITE PLAN
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* FP = Ford Park - VAF = Vail Athletic Fields - BFAG = Betty Ford Alpine Gardens
** All TOV scheduled events are based on 2016 Calendar of Events
May 17, 2016 - Page 98 of 218
August 2017 KAABOO: VAIL
Town ofVail Events Calendar
All TOV scheduled ' ' are based I CalendarofEvents
SUNDAY
MONDAY
TUESDAY WEDNESDAY THURSDAY
FRIDAY
SATURDAY
30
31
1
2
3
4
5
VIDF Performance
VIDF Performance
VIDF Performance
Vail Farmers Market & Art Show
Vail Jazz @ the Market
Vail Family Fun Fest
Bravo! Vail: Eagle Public Library
Bravo! Vail: Donovan
Bravo! Vail: Donovan
Bravo! Vail: Donovan
Bravo! Vail: Minturn
Colorado Cyclist Copper Triangle
VRD TENNIS: Tournament
VRD TENNIS: Tournament
BFAG: Yoga in the Gardens/Tour
BFAG: Yoga in the Gardens
BFAG: Chefs in the Gardens/Tour
BFAG: Yoga in the Gardens
BFAG: Garden Tour
VRD FP: Soccer Camp/Softball
VRD FP: Soccer Camp/Softball
VRD FP: Soccer Camp/Softball
VRD FP: Soccer Camp/Softball
VRD FP: Rugby Ski Town
VRD VAF: Rugby Practice/Sand VB
VRD VAF: Rugby Practice/Sand VB
VRD VAF: Rugby Practice/Sand VB
VRD VAF: Rugby Ski Town
6
7
8
9
10
11
12
VIDF Performance
VIDF Performance
VIDF Performance
VIDF Performance
VIDF Performance
Vail Farmers Market & Art Show
Vail Jazz @ the Market
Vail Farmers Market Farm to Table
Kids Adventure Games
Kids Adventure Games
Kids Adventure Games
Kids Adventure Games
VRD TENNIS: Tournament
BFAG: Garden Tour
BFAG: Chefs in the Gardens/Tour
BFAG: Garden Tour
VRD FP: Rugby Ski Town
VRD FP: Softball
VRD FP: Softball
VRD FP: Softball
VRD FP: Softball
VRD FP: Rugby Game
VRD VAF: Rugby Ski Town
VRD VAF: Rugby Practice/Sand VB
VRD VAF: Rugby Practice/Sand VB
IVRD VAF: Transrockies Camping
13
14
15
16
17
18 119
Vail Farmers Market & Art Show
KAABOO :: SHOW DAYS
Vail Jazz @ the Market
Kids Adventure Games
BFAG: Garden Tour
BFAG: Garden Tour
BFAG: Garden Tour
VRD FP:
VRD FP: Softball
VRD FP: Softball
VRD FP: Softball
VRD FP: Softball
VRD VAF: Transrockies Camping
VRD VAF: Rugby Practice/Sand VB
VRD VAF: Rugby Practice/Sand VB
20
21
22
23
24
25
26
KAABOO :: SHOW DAY
Hot Summer Nights
Vail Farmers Market & Art Show
Vail Jazz @ the Market
BFAG: Garden Tour
BFAG: Garden Tour
BFAG: Garden Tour
VRD FP: Softball/Yth Soccer
VRD FP: Softball/Yth Soccer
VRD FP: Softball/Yth Soccer
VRD FP: Softball/Yth Soccer
VRD FP: Yth Soccer Games
27
28
29
30
31
1
2
Hot Summer Nights
Vail Farmers Market & Art Show
Vail Jazz @ the Market
BFAG: Garden Tour
BFAG: Garden Tour
BFAG: Garden Tour
VRD FP: Softball/Yth Soccer
IVRD FP: Softball/Yth Soccer
VRD FP: Softball/Yth Soccer
VRD FP: Softball/Yth Soccer
VRD FP: Yth Soccer Games
* FP = Ford Park - VAF = Vail Athletic Fields - BFAG = Betty Ford Alpine Gardens
** All TOV scheduled events are based on 2016 Calendar of Events
May 17, 2016 - Page 98 of 218
TOWN OF VAIL
FUNDING
The Vail Valley Foundation shall submit a request
for both cash and value -in-kind support to the
Town of Vail for the KAABOO-VAIL August 2017
event. The Vail Valley Foundation shall submit
such funding request in writing and per the
required guidelines of the Town of Vail by June
30, 2016. KAABOO-VAIL and the Vail Valley
Foundation understand that funding, either cash
and or value -in-kind from the Town of Vail is not
a guarantee and such funding decisions will not
be made by the Town of Vail until Fall 2016.
KAABOO-VAIL August 2017 is not contingent
upon Town of Vail funding.
Thank you and sincerely,
XJ4(.(-IAkl
Michael Imhof
President & CEO
Vail Valley Foundation
-Ail
AA AA
Bryan Gordon
Founder & CEO
The Madison Companies & KAABOO
May 17, 2016 - Page 99 of 218
Tammy Nagel
From:
Rogers, Rick <Rick.Rogers@installed.net>
Sent:
Tuesday, May 17, 2016 10:40 AM
To:
Council Dist List
Subject:
KAA-BOO-VAI L
Vail Town Council,
This event sounds fantastic although I think the council really needs to think through having it in Ford Park and the
Recreation Fields. Millions of dollars have been spent, shut down of a summer, to re configure the recreation fields to
allow for expanded use and tournaments. The Betty Ford Education Center was just completed after a long process and
finally getting programs in motion and a steady stream of visitors . My concern is the impact on these two areas for the
event. From what I gather there will be over a week plus of preparation time, three days of the event and a week plus
to disassemble and clean up. This will cause disruption to these two areas for three weeks.
From what I understand there will be tens of thousands of attendees which will be a challenge to control.
I remember when the Bravo had their Gala event in the grass area in Ford Park. The trucks and trailers caused ruts in the
lawn and then the rains came. It was a muddy mess along with the diesel generator noise and smell along with all the
boxes and trash.
Why not recommend to the VVF to host the event down valley. This mini Woodstock Event would be ideal at the Avon
Rodeo area, Eagle County Fairgrounds or the pastures at 4 Eagle Ranch. These areas would have plenty of room for
parking, portable toilets, stages, stage equipment, tents, vendors, performers buses, equipment vans, security
etc. Attendees can still stay in Vail for lodging and eat at the restaurants. Special VIP buses could be set up to take
people to the event.
I realize the VVF is a partner with the Town on many events. Please do not be influenced by this. This is no different
than negotiations with Vail Resort on many issues.
The Town of Vail has been planning, designing and spent millions to make this area in Vail so special. Let's not overload
the area.
Rick Rogers
799 B Potato Patch
Vail, Colorado 81657
Tammy Nagel
From: John Dawsey <JohnD@ridecme.com>
Sent: Tuesday, May 17, 2016 10:32 AM
To: Council Dist List
Subject: Support for KAABOO Event
Dear Members of the Vail Town Council -
I am writing on behalf of Colorado Mountain Express for support of the KAABOO Music & Arts Event under
consideration for August 2017 in Vail.
I believe this event will attract the core Destination and Front Range travel audiences to Vail that aligns with the
Town Council and Vail Local Marketing District's summer visitor strategies. The timing of the event is ideal as
many of our traditional family visitors and second homeowners typically return to their primary residences as
the summer season winds down. This event gives us a tremendous opportunity to extend the season and
generate quality revenue and exposure for the community, while supporting the Vail brand.
The KAABOO event aligns with Vail's focus on arts, music, culinary and outdoor adventures which are all high
quality experiences our resort and town delivers. I believe Vail has the appropriate infrastructure and logistics
support and a quality event sponsor in the Vail Valley Foundation which has proven time and again the
capability to execute on an event of this nature with appropriate growth and development for years to come.
I hope you will support this unique opportunity for the Vail community and business stakeholders.
Sincerely,
John Dawsey
John Dawsey
Vice President/General Manager
Colorado Mountain Express
p (970) 754-3701
jdawsey�ridecme.com
Visit us at:
www.ColoradoMountainExl)ress.com
Tammy Nagel
From:
Sent:
To:
Cc:
Subject:
Hello Vail Town Council members,
Lange, Michael <Mike.Lange@wynvr.com>
Tuesday, May 17, 2016 10:26 AM
Council Dist List
Chris Romer; mimhof@vvf.org
Support for KAABOO music and lifestyle experience
We are in support of the proposed KAAB00-Vail music and lifestyle experience concept that would be held on August
18-20, 2017 in Vail and thereafter during a similar time period. I think the timing of the event would be perfect as it
wouldn't displace any significant business during a traditionally slow time period in Vail that sees our peak summer
family and group business take a break as children head back to school. From what I've read about this event, the
clientele attending would fit our demographic and it would be terrific exposure to Vail and help bring in a slightly
younger demographic to the valley. Not to mention this would be a great event for locals in the Vail Valley and 2nd
homeowners owners in Vail to experience. Vail and its partners have the experience and facilities to host and manage
these large scale events and this would be another fantastic signature event during a traditionally slow time with
beautiful weather.
Thanks for your consideration.
Michael Lange
Executive General Manager -Vail and Beaver Creek
Wyndham Vacation Rentals
Lion Square Lodge
660 West Lionshead place
Vail, CO 81657
o: 1.970.477.4408
c: 1.970.390.0229
e: mike.lange@wynvr.com
www.wyndhamvacationrentals. corn
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Tammy Nagel
From:
Gretchen Busse <gretchengb@icloud.com>
Sent:
Tuesday, May 17, 2016 8:20 AM
To:
Council Dist List
Subject:
KAABOO Event
Good Day Council Members,
As a long time resident of Vail I am asking Council to approach this proposed KAABOO event with in depth consideration
of the impact to our community.
The traffic, parking, noise, crowd control, alcohol and marijuana use, impact on the environment all this is too much
with the anticipated crowd.
How much will it cost taxpayers?
Who really is this benefitting ?
Why does Vail need such a behemoth event?
Please, please, hear we homeowners!
Thank you,
Gretchen Busse
Why do we have to have an event every open weekend?
Sent from my iPad
Tammy Nagel
From: Donna Giordano <donnagio10@gmail.com>
Sent: Tuesday, May 17, 2016 8:15 AM
To: Council Dist List
Subject: KAABOO
Dear Council Members, I am a homeowner in the town of Vail and I would like to support your decision to
approve Kaaboo. Vail is an amazing place to live but we need to think to the future. Kaaboo will bring a
younger and affluent demographic to Vail which will help Vail to constantly reinvent itself, drive economic
vitality during the slower periods and be relevant to our next generation of Vail loyalists, vacationers, real estate
buyers, etc. We have a lot of vacationers that come for the winter but have never experienced the
summer. What a way to show it off as an active and wonderful community.
I have seen Jim Lamont's letter to the Vail Homeowners Assoc. and was very surprised by all the wrong
information that was included in that. The homeowners deserve a more honest, informative letter.
Please look forward and approve this event for Vail. Thank you.
Donna Giordano
1109 Vail Valley Drive
Vail, Co. 81657
Tammy Nagel
From:
Beverly Johnson <bevjvail@hotmail.com>
Sent:
Tuesday, May 17, 2016 4:42 AM
To:
Council Dist List
Subject:
KAABOO Event
Hello,
Though I don't want to rule out the possibility that this could be an overall positive event, I do think it would be good to
wait a month or two to make a final decision after more residents and part timers have adequate chance to learn and
voice opinions. Parking especially needs to be addressed, as it is more than just a day which will have strong impacts.
Additionally, don't lots of concert goers camp? Says the are trying to draw slightly older and more upscale audience, but
I have been here long enough to recall the String Cheese Incident debacle a few years back. Do you want a repeat of
this?
Thanks,
Beverly Johnson
Sent from my Wad
Tammy Nagel
From: Snowrjs <snowrjs@yahoo.com>
Sent: Monday, May 16, 2016 10:51 PM
To: Council Dist List
Subject: KAABOO
As a property owner in Vail, I strongly object to the KAABOO event and any other event that dominates the
Vail Village for a period of three days or more. The loud music, large crowds, lack of adequate parking and
sanitary and health facilities and unavoidable drug use are detrimental to Vail's ability to deliver a safe and
enjoyable event. The image of Vail as an upscale destination resort would be shredded by an event similar to its
California counterpart. If Vail is looking for additional revenue for the Town over the summer months, increase
the existing summer Concert Series and other controllable events which enhance the Vail experience.
Ron Snow
Tammy Nagel
From:
Kit Williams <kitcwms@aol.com>
Sent:
Monday, May 16, 2016 9:36 PM
To:
Council Dist List; kitcwms@aol.com
Subject:
KAABOO Event
I am opposed to this large 3 day and kind of event in our valley.
The one night bands at Ford Park are disruptive to our right to quiet enjoyment already.
Kit Williams
970-376-0909
kitcwms(o)aol.com
Tammy Nagel
From:
Chris Romer <cromer@visitvailvalley.com>
Sent:
Monday, May 16, 2016 6:15 PM
To:
Council Dist List
Cc:
Stan Zemler
Subject:
KAABOO Event
Vail Town Council members,
I wanted to reach out to let you know of my support for the proposed KAABOO Vail event in 2017. 1 have been fortunate to
see the presentation from Vail Valley Foundation on two occasions (at the Vail Economic Advisory Council meeting, and again
at the Vail Local Marketing District Advisory Council meeting) and could not be more supportive of the event as outlined. This
program is completely aligned with the target market of Vail, and fits at the absolute best time on the calendar (historically
our lowest occupancy weekend from mid-June through early October).
As this is a large event, there are obvious — and important — considerations regarding the fields and VRD managed facilities.
Assuming those considerations can be addressed, it would be a shame to lose out on a program of this caliber and one that
has the potential to be a signature program for years to come. We have, in the past, lost out on significant programs such as
Tough Mudder and Wanderlust Yoga Festival. In my opinion, it would be a shame to lose out on an event like KAAB00 due to
what I perceive to be a vocal minority of individuals who struggle to see the importance of events on our business community
— and the related benefits of a strong businesses on the overall economic health of our community. As you know, Vail Valley
Foundation has public meetings scheduled for next week to continue to educate and update the greater community on this
event.
Please continue your due diligence and vetting of this event, and understand that the general feedback from the two meetings
I've attended have been very positive, with very valid questions posed to the VVF team — but with no significant feedback that
this event couldn't be (and shouldn't be) a successful signature program with huge economic benefit to the Vail community.
I do plan to attend the council meeting on Tuesday evening to voice support for this event and look forward to seeing you all
then/there.
Thank you for your service to the community,
CR
AA04''u
Van vamey
Ila 0rarasK1a
Chris Romer, IOM
President & CEO
Vail Valley Partnership
[D] 970.477.4016
[M] PO Box 1130, Vail CO 81658
[P] 101 Fawcett Rd., Ste. 240, Avon CO 81620
Vail ValleyPartnership.com • VisitVailValley.com VailOnSale.com VailValleVMeansBusiness.com
c 6a�ChrisBRomer@VVPartnership (@VailonSale
Linkedln. comhn/ChrisRomer
Tammy Nagel
From:
Rosemary Heller <rosemary.heller@gmail.com>
Sent:
Monday, May 16, 2016 6:03 PM
To:
Council Dist List
Subject:
KAABOO Event
In my opinion, this kind of event will not project the image that Vail has been developing for the past 20 years
or more.
Our symphony and dance seasons as well as our world class jazz event has marked us as an artistic center in the
Rockies.
This event will discourage the type of tourism that we should be developing. It would disrupt the valley and all
the normal tourist activities that are enjoyed there. In addition it will create a parking nightmare.
Perhaps it would better suited to a venue down the valley, like Eagle or Gypsum.
I certainly hope that you will not approve this kind of event.
Thank you,
Rosemary Heller
Tammy Nagel
From:
Shay Momiroff <shaymomiroff@yahoo.com>
Sent:
Monday, May 16, 2016 2:57 PM
To:
Council Dist List
Subject:
Kaboo event
I want to voice my concern about this proposed event.
I feel it would be too big for Vail, cause parking problems, ruin our fields and take over the tennis courts which
I pay a membership fee to use.
Please don't approve this event.
Thank you
Sharon Momiroff
2427 Garmisch Drive
Sent from Yahoo Mail on Android
Tammy Nagel
From:
Mike Imhof <mimhof@vvf.org>
Sent:
Monday, May 16, 2016 2:53 PM
To:
Council Dist List; Stan Zemler
Cc:
Mike Imhof
Subject: Update & Clarification Regarding Proposed KAABOO-VAIL Music & Lifestyle Experience
Dear Mayor Chapin,
Dear Vail Town Council,
Dear Stan,
Thank you for your continued time, efforts and thoughtful evaluation of our proposed new music and lifestyle
experience, KAABOO-VAIL. With any new project or event, there can be lots of misinformation and or rumors that cycle
around which are either inaccurate or just not true. We have provided you with a lot of information already but felt it is
a good idea to provide you today, some further clarity and facts regarding multiple topics related to KAABOO-VAIL.
• The KAAB00-VAIL music, art and lifestyle experience is in solid alignment with the Vail brand.
• We have heard that there may be concerns of VVF operating through, "behind -the -scenes -maneuvering". This is
not correct. We have been openly discussing this potential project for many months. Confidentiality was
important early on in the process due to the need, in the music industry, to be sensitive to artists commitments
and exclusive geographic areas.
• The VVF and our partner, KAABOO have not "demanded" of Town Of Vail to adhere to a deadline of June 10 for
a final decision. We have been open and transparent with all primary Vail stakeholders, that a project of this
size requires long lead time planning (ideally 15 months); hence our respectful request, as outlined in our
Strategic Plan, for a final decision by middle of June 2016.
• We have heard a statement that a down valley KAABOO event was not considered strictly because we
(VVF/KAABOO)want the cache of the Vail name. This is incorrect. The Vail brand is powerful, that is absolutely
true and this is an important factor in our site preference for the event, but we have also stated publically and it
is outlined in writing, that the desire for Vail, as the KAABOO venue, is also the ability for people to walk to and
from easily accessible event venues.
• VVF and KAABOO have a clear intent and plan to protect the Betty Ford Alpine Gardens, Nature Center and the
Fields. We have been consistent in our commitment to the protection of the Fields, Gardens and Nature Center
and have been in ongoing discussions with each relevant party regarding the method(s) of such protection. VVF
and KAABOO also understand and respect that a bond will be required.
• The KAAB00-VAIL music, art and lifestyle experience carries all the attributes that Vail economic influencers and
Vail constituencies that wish to drive Vail marketing and growth in the future, have wanted to see become a
reality, for many years now.
• KAAB00-VAIL, which is a premium, affluent celebration of culture and mountain lifestyle; to include art, music
and comedy aligns perfectly with the Vail Valley Foundation Mission. VVF has been creating itself or partnering
with others, to bring large-scale, iconic, active entertainment and sporting events, that drive economic vitality, to
the Vail Valley for 34 years. We see this as an important part of our role in support of our community; just like
serving every child every day through our YouthPower365 education programs is a critical part of what we do.
• Tourism and differentiator projects like KAAB00-VAIL, is as important today as it was 30 years ago. Perhaps
more important today, is ensuring that differentiator events occur during a time period when our community truly
needs business. KAAB00-VAIL accomplishes this objective by being held the third weekend of August.
• The VVF and our partner KAABOO, will cover productions costs for the event; just as we do with all other events,
projects and venues that VVF owns and or manages. VVF has been open and transparent that we intend to
follow the standard Town Of Vail Grant application process / request for funding (both cash and value in kind)
which, for KAAB00-VAIL 2017, would be due to Town Of Vail on or before June 30, 2016.
• KAAB00-VAIL will attract 25-65 year olds but the median age will be 37-39. This consumer, similar to the
demographic that attend KAAB00-DEL MAR is affluent (average HHI $100K+), professional, discerning, active
lifestyle, men and women with 56% women, 44% men.
• This audience IS the future customers, real estate buyers and loyalist of Vail.
• Vail Resorts, like the Town Of Vail, are two of the VVF's longest standing and important partners and we are
grateful for their support for over 30 years. This fact is not something new nor something we have kept secret.
• The details about what KAABOO-VAIL is, how it works, who it attracts, how it will operationally be executed have
not been kept a secret nor held in a vacuum. Much information has been publically distributed about KAAB00-
VAIL in recent months.
• We estimate conservatively, a multi-million dollar local economic impact for year 1, with material growth in future
years.
• We're confident that lodging occupancies for all of Vail will exceed 95% for the event dates in 2017. August 18-
20,2017 is a slow (need) time for Vail. In addition, approximately 3,500-4,000 room nights will be actualized in
Vail tied to our operational planning and execution during the year leading up to the event itself.
• We have heard that there are rumors being circulated that the KAABOO-VAIL event itself will have a
compounding negative impact on parking in Vail far in excess of any other event or peak ski day, further
exacerbated by Vail Resort's Epic Discovery activities. This is incorrect. As stated above, the third weekend in
August is a need period for Vail and as such, a need period for Vail Resorts and their summer business
initiatives. KAAB00-VAIL will not have the same traffic and congestion issues seen on 4t" of July and or a busy
winter ski day. KAAB00-VAIL is a weekend experience, not a day trip experience nor a single concert
experience. Although closer in to the proposed August 18-20, 2017 event dates, some 1 -day tickets will be
marketed and sold, the vast majority of KAAB00-VAIL ticket buyers (just like KAAB00-DEL MAR) are buying a
weekend experience (3 -day pass). They arrive to Vail and stay in lodging in Vail or down valley. Their cars are
parked and they either walk or take mass transit to the event venue. For guests attending KAAB00-VAIL staying
down valley, car traffic into VAIL for the event will be discouraged and a robust transportation system from
outlying communities will be incorporated.
• We believe KAAB00 is not too large for Vail. We have the bed base in our community to support this
project. Year 1 estimates for attendance will range between 13,000-15,000 people per day with a year 5 or 6
goal of reaching 30,000 people per day. These numbers are manageable within the venues we are
proposing. We, and our partner KAABOO, have done the proper engineering evaluations to address appropriate
square footage per person for the venues themselves and with guest safety and quality of experience as
important objectives. Lastly, using KAABOO-DEL MAR as an example, police related issues were very few. A
testament to the thematic structure of KAAB00 and the demographic it attracts.
• KAABOO will not attract an undesirable element to our Vail community. This is not an inexpensive event to
attend as a consumer. The music programming and overall experience targets an older, affluent, discerning
clientele. Vail offers many music options for a very young demographic and an older demographic. Targeting
the affluent 40 year old is important to Vail and our future and KAABOO-VAIL helps to address this need.
• VVF/KAAB00 is not going to destroy Ford Park, nor more specifically, the athletic fields, lower bench, GRFA,
Betty Ford Alpine Gardens or Nature Center. If we are fortunate enough to receive approval to proceed with this
exciting new project, it is in our collective best interests to ensure the event is properly resourced, staffed,
collaborative with the Vail community and in compliance with public works, fire, security, traffic management and
police best practices.
• Environmental stewardship and sustainability is an important objective of KAABOO-VAIL and this environmental
commitment has been presented to stakeholder groups within the documentation/ presentation VVF and KAAB00
have provided.
Thank you again for your time and consideration.
Sincerely,
Michael Imhof
Vail Valley Foundation
970.748.5917 (D) 1970.331-6017 (C)
mimhof@vvf.org
vvforg
Tammy Nagel
From:
Susan Bristol <susan.bristol@gmail.com>
Sent:
Monday, May 16, 2016 2:41 PM
To:
Council Dist List
Subject:
KAABOO Event
Having read a great deal more about KAABOO than presented to the public, I believe that the event is an
inappropriate involvement of the VVF in a promotional event with serious impacts on quality of life in Vail
over the proposed three-day event. Anyone visiting Vail during that period not involved in KAABOO events
would most certainly not wish to repeat the experience. Vail's wonderful peaceful natural ambiance will be
blotted out by KAABOO.
The event's name KAABOO most likely represents its character. It is not what we need following an already
busy schedule of wonderful Bravo and the Dance Festival events.
One might ask why this pops up for a Council decision in a rush with virtually no input from the community. I
believe promoters are railroading it. Let's not repeat mistakes made in the process of the golf clubhouse! Let the
community which will be affected have input and propose it for next summer if taxpayers think it will benefit
the community.
I have expressed my concern in surveys that Vail is being "over-evented." Has the Council heard this from other
taxpayers?
Please tell the very powerful VVF to reconsider their plans. And PLEASE, Council, act to protect the Town and
regional character that people have been returning to Vail for over the past many years. VOTE NO on
KAABOO.
Most sincerely,
Susan Bristol
Box 431 - 1652 Matterhorn Circle
Vail
susan.bristol(r gmai1.com
970-476-2608
Tammy Nagel
From:
Christie Hochtl <chochtl@mountainmax.net>
Sent:
Monday, May 16, 2016 1:56 PM
To:
Council Dist List
Subject:
KAABOO Event
Is an event of this size appropriate for Vail? It looks like it is way too big and too loud! Please vote "no"!
Christie and Karl Hochtl
chochtl@mountainmax.net
970 476 1125
Tammy Nagel
From:
Matt Heimerich <mdheimerich@gmail.com>
Sent:
Monday, May 16, 2016 12:50 PM
To:
Council Dist List
Subject:
KAABOO Event
Dear Vail Town Council,
Normally my family and I are very supportive of the events sponsored by the town and the Vail Valley
Foundation.
However the proposed event titled KAABOO had raised serious questions about the impact on the lives of
Town of Vail's residents.
We own a modest townhome in West Vail and love having family and friends visit us. I appreciate the
importance of having a stable economy for the town and valley.
With the proposed music festival and the scale of the production I have to ask myself "when is it enough". We
made a considerable investment to be part of the Town of Vail not the Ringling Brothers Circus.
I would advise the town council to proceed slowly and deliberately in this matter.
Best regards,
Matt Heimerich
Spruce Creek, West Vail
Tammy Nagel
From:
Joyce Wilson <joyce81657@yahoo.com>
Sent:
Monday, May 16, 2016 12:50 PM
To:
Council Dist List
Subject:
KAABOO Event
I think this is way to large of an event for our small town. It will spoil why people come here in the summer for
relaxation, quiet and to enjoy nature.
In the event of rain the brand new fields would be terribly damaged. The event is not worth the cost to the town
residents and our valued visitors. Please do not vote for this event. Thank you, Joyce Wilson
Sent from my iPhone
Tammy Nagel
From:
Jeanne Ross <jfross@centurylink.net>
Sent:
Monday, May 16, 2016 10:19 AM
To:
Council Dist List
Subject:
KAABOO Event
As a second homeowner in the Vail valley, I am asking you to NOT approve the promoters plans for an assault such as
the KAABOO Event on our beautiful valley. Consider the precedent you would establish for larger and more garish
events. Not only does Vail lack the resources to accommodate this event, it is not in keeping with the vision of culture
and beauty that many visitors and residents hold of the Vail valley.
Please, Please, Please say NOH!
Jeanne Ross
Sent from my Whone
Tammy Nagel
From:
Gary W Dahlen <gary.w.dahlen@earthlink.net>
Sent:
Monday, May 16, 2016 10:16 AM
To:
Council Dist List
Subject:
KAABOO Event
I'm a property owner in Vail and strongly object to the KAABOO event and any other event that dominates the
Vail Village for a period of three days or more. The loud music, large crowds and expected drug use that the
attendees are bound to use does not enhance the image of Vail as being an upscale destination resort that has
taken years to develop. The disruption to the Town of Vail, especially if this event is to continue and expand
over the next years, is not worth the loss of image to the Town. If Vail is looking for additional revenue for the
Town over the summer months, look to increasing the existing summer Concert Series — events well done and
in keeping with the Vail experience.
Gary W Dahlen
gar y.w.dahlen(a�earthlink.net
(719)685-4711
(719)205-4593 Cell
Tammy Nagel
From: Annemarie H Gramm <ahgramm@aol.com>
Sent: Monday, May 16, 2016 9:55 AM
To: Council Dist List
Subject: Kabang
Has greed and avarice so rotted and blown out your collective brains that you would dare to even consider such an
offensive event?
Have you thought about what age group is paying real estate taxes plus other taxes -- people who come to Vail in the
summer for fine music and dance, to enjoy the beauty of glorious nature to have quiet walks on the evening.
How dare you impose such a mad idea of three days of outsiders to ruin an entire summer ----especially after all the
other usual events that are accepted and enjoyed because they are local.
Truly this is madness. Annemarie H Gramm (Vail home owner)
Sent from my Wad
Tammy Nagel
From:
Louis Henston <Ivhenston@comcast.net>
Sent:
Monday, May 16, 2016 4:54 AM
To:
Council Dist List
Subject:
KAABOO Event
I am a homeowner in east Vail and in full support of the VHA's position opposing the
KAABOO event. Vail does just fine in attracting winter and summer visitors without
staging a "for profit" event that seems to be a western Woodstock. THere we go again,
overselling Vail. It is becoming a mantra and a bad one at that
Louis Henston
[A. Virus -free. www.avast.com
Tammy Nagel
From:
David Bentley <dcbski@gmail.com>
Sent:
Monday, May 16, 2016 6:37 AM
To:
Council Dist List
Subject:
KAABOO Event
To the town council,
I am opposed to the KAABOO event as described due to parking and noise considerations. While such an event might
enhance the awareness of Vail, it would significant affect the quality of life for Vail residents on a prime time for the
town.
Kind regards,
David C. Bentley
PO Box 5
Vail, CO 81632
Tammy Nagel
From:
Frederick Sackbauer Iii <sackbauer@aol.com>
Sent:
Monday, May 16, 2016 4:54 AM
To:
Council Dist List
Subject:
KAABOO-VAI L
Dear Council Members,
As some of you might know, I work a PGA Tour event every spring. The set up for the tournament begins in March for a
May event. Then it takes until early June to put everything away. The benefit both to the community and the club
membership, however, of having 35,000 people per day on that private club's grounds far outweighs the challenges.
Wet weather any time during that period provides significant issues.
My emotions are mixed.
Without a doubt the VVF will make this a spectacular three day event.
But is it really just three days? How long to set-up and then tear down?
Will the benefit to the community and the VRD far outweigh the challenges?
Has this been fully vetted at Rec Subcommittee?
Thanks.
Rick Sackbauer
Tammy Nagel
From:
Chris Brody <ChrisBrody@vantage-partners.com>
Sent:
Sunday, May 15, 2016 9:37 PM
To:
Council Dist List
Subject:
KAABOO Event
To the Members of the Town Council,
At some point, would you ask yourselves what are you solving for? the last dollar, and if so for whom.
Or, the protection of a wonderful environment where people can escape excess noise and bustle and
relax.
KAABOO will not make Vail better. Who were you elected to represent?
Please vote against KAABOO.
Thank you, Chris Brody
Mt Haus 332 and 334
Tammy Nagel
From:
dana Bordon <danamgordon@me.com>
Sent:
Sunday, May 15, 2016 8:47 PM
To:
Council Dist List
Subject:
KAABOO Event
Please do not consider the KAABOO event. You are Disneyfying Vail. It is outrageous that you would consider having
anywhere close to 15,000 people come for a three day concert. The impact on my neighborhood, that backs up to Ford
Park, would be disastrous. This is my backyard.
There is no justification for this event. I come to Vail for the beauty and quiet it affords. Please stop cheapening it with
venues like this. You will drive out the very homeowners you need to survive.
Dana Gordon
1050 Homestake Circle
81657
Tammy Nagel
From:
Irene McCutchen <irenemcc@optonline.net>
Sent:
Sunday, May 15, 2016 6:59 PM
To:
Council Dist List
Subject:
KAABOO Event
This event would be environmentally dangerous to wildlife and to the natural surroundings in gasoline vapors and noise
- and it would supertax the the facilities of VAIL village and environs. I would not want to see Vail promote this event.
Sincerely, Irene McCutchen
9 Vail Road and Austria House
Sent from my iPhone
Tammy Nagel
From:
Esrey, William T [Sprint Ret] <billesrey@sprint.com>
Sent:
Sunday, May 15, 2016 5:19 PM
To:
Council Dist List
Subject:
KAABOO Event
I was excited to see the announcement of the proposed Kaaboo event in August 2017. This is a very forward looking opportunity to bring
outstanding music and art to the town with a clientele which should be right in the bull's eye for our community. This will expose Vail to the exact
demographic population, for a fun weekend, that we should want to attract now and in the future, and do it at a semi slow time of year.
Kudos for the folks that have provided the initiative to further enhance Vail as a responsible, forward looking community.
Learn more on how to switch to Sprint and save 50% on most Verizon, AT&T or T -Mobile rates. See
sprint.com/50off for details.
This e-mail may contain Sprint proprietary information intended for the sole use of the recipient(s). Any use by others is prohibited. If you are not the intended
recipient, please contact the sender and delete all copies of the message.
Tammy Nagel
From:
maurice sandler <mauricesandler@gmail.com>
Sent:
Sunday, May 15, 2016 5:06 PM
To:
Council Dist List
Cc:
Steve Hawkins
Subject:
KAABOO Event
I am going to ask the Mountain Haus condominium association to not rent during the time period this is
proposed.
We have had too much in house damage from summer events to our individual rental units from past groups
like this in the summer. Particularly from young sporting events.
Steve I would like this on the agenda for the next board meeting.
Maurice Sandler
Tammy Nagel
From:
Art on a Whim Gallery <fineart@artonawhim.com>
Sent:
Sunday, May 15, 2016 4:50 PM
To:
Council Dist List
Subject:
KAABOO Event
To Whom it May Concern:
As plans are being formulated for the KAABOO event we will very much appreciate being kept in the loop as
to the art component of the festival. We are loathe to see another art fair gain a foothold in the mountains, with
any event at which art is sold at being considered an art fair in the eyes of ours and other art galleries. We invest
to much in this town to see our business suffer due to competitors setting up for and poaching art sales during
key weekends. Any art installations, etc. that take place have our full blessing and support as long as there is not
a sales component. Thank you for your understanding and consideration.
All the Best,
Brian Raitman
Art on a Whim Galleries
Breckenridge & Vail, CO
970-547-8399 / 970-476-4883
www.artonawhim.com
facebook.com/artonawhim
Tammy Nagel
From:
Nicola Ripley<nicola@bettyfordalpinegardens.org>
Sent:
Thursday, May 12, 2016 4:26 PM
To:
Council Dist List
Cc:
Elizabeth Paxson
Subject:
Kaa boo
Dear Council Members,
I understand that the Vail Valley Foundation will be updating the Council on plans for Kaaboo at the next meeting. Stan
suggested that it would be helpful if I let the Council know what our initial thoughts are about the event.
VVF presented to our staff a couple of weeks ago but we have yet to meet as a Board on this (May 23rd. ) I have
distributed the initial marketing materials to all Board members.
The Board has reacted with a great deal of concern about the scale of the event for some of the following reasons
• Physical protection of the Gardens
• Length of time of disruption for the regular visitor
• Disruption to regularly programmed events
• At least one wedding already booked within the timeframe
• Loss of revenue from Schoolhouse gift shops and memberships
We will be prepared to make a much more formal response after we have met as a group but these comments are
based on initial reaction from most members. While I realize we can work to try and mitigate some of these concerns
there doesn't appear to be any benefit to BFAG and certainly potential for some major impact.
We very much want to be good community partners and would request to be kept part of the planning for this event
should it proceed.
Nicola Ripley
Executive Director
Betty Ford Alpine Gardens
183 Gore Creek Drive, Suite 7
Vail, CO 81657
(970) 476-0103 x 6
www.bettyfordalpinegardens.org
N I 1Y JOILD 4_k
GARDENS
vmI. S AI PINI I MAA ;JAI I
"Celebrating the beauty and diversity of alpine flora and taking steps to protect it"
Tammy Nagel
From:
Diana Donovan <dianamdonovan@msn.com>
Sent:
Tuesday, May 3, 2016 8:28 AM
To:
Council Dist List
Subject:
KAABOO concerns
This proposal must have close scrutiny. No free pass because VVF is proposing it. Too often everyone is afraid
to say no to them.
High ticket price does not mean a well behaved crowd or compatibility with Vail.
Venues not compatible with residential/lodging neighborhood especially for so many hours each day for 3
consecutive days.
Displacing recreational uses and events.
Wet weather would destroy venues and the area in between ie Nature Center used as cut across.
Precedent for denial set when 20,000 person event produced by local expert turned down because of large
number and impact to town/parking.
Events like this are usually located in a venue designed for them with parking or are located away from
residential and commercial areas.
This event is self contained with food courts meaning less business for town. These events are designed to
keep people contained in venue.
Number exceeds limit for mountain which was established by parking impacts.
Alcohol and drug impacts are higher for guests at elevation leading to dangerous problems especially in a
party atmosphere.
This is not the iconic event the town has been looking for especially with so much negative discussion
now about the number of special events in town and in the valley for that matter. Peace and quiet is hard to
find in the Gore Valley now and that is what draws so many people here. The opportunity to "do nothing'.
Set up and tear down will extend the period of impact to weeks I would think. What is the impact to
established events/activities?
Goal is to grow it to 50,000 per day!
Events like this are no longer unique. Even Buena Vista is having one this year (out of town) Must investigate
any conflicts with other events.
Food courts on tennis courts is NOT acceptable because of inevitable damage to courts.
As I have talked to people trying to get a handle on this the first reason I am given for it being a great event is
that the ticket price is so high. I have never heard that used as a measure for a successful or appropriate
event.
This is just what has been bouncing around in my head since I first heard about this proposal. Can't come up
with anything positive about hosting such a huge event. I have no interest in attending even though I like
some of the performers. I would prefer to be out of town for it but fear I should be home to protect my home
which is so close to the venue. I have no issue with several evenings of loud concerts even though I do not
enjoy most of them but 3 days of near constant loud music in a residential/lodging neighborhood is not
appropriate... no matter how much the ticket costs. Ticket cost does not define behavior or appropriateness of
an event.
Please just say no to this proposal. Don't try to make it work and drag it out. It is too big! Thanks.
Diana Donovan
PS I have not worked on this for days and I know I have missed several things. Just bullet points that need to
be answered and hopefully make you think of other issues.
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Slifer Square -Update
PRESENTER(S): Todd Oppenheimer, Capital Project Manager/Landscape Architect
ACTION REQUESTED OF COUNCIL: To provide feedback to in regards to Council's
preferences for change to Slifer Square and direct to staff to begin the process for procurement of
design services for the project.
BACKGROUND: Staff will update the Town Council on the results from the public meeting held
on March 29, 2016.
ATTACHMENTS:
Description
Memorandum
May 17, 2016 - Page 100 of 21 E
rowN ofvain ")
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: May 17, 2016
Subject: Slifer Square Repair Project — Town Council Update
Introduction
The purpose of this discussion is to update the Town Council in regards to 2 aspects of the
Slifer Square project. These are as follows.
1. Provide the Town Council with the input received during the public meeting held on
March 29, 2016.
2. Layout 2 possible scheduling scenarios for proceeding forward with design, engineering
and construction of the required repairs and improvements.
The Town Council is requested to provide feedback and comments to the information
presented.
Background
On January 25, 2016 staff presented an introduction and preliminary problem statement to the
Slifer Square project. Staff identified 4 primary issues concerning Slifer Square. These
included the following.
1. Frequent, foul odors from the storm sewer system,
2. Storm water being discharged into Gore Creek without treatment,
3. Water leaking from the fountain, and
4. Corroded steel snow melt mains.
In addition, staff presented 2 secondary issues concerning the aesthetics and function of Slifer
Square. These included the following.
1. Pedestrian Congestion in Slifer Square
2. Limited Gather Space in Slifer Square
The Real Estate Transfer Tax Capital Project Budget includes $150,000 in 2016 for design and
engineering and $1,350,000 in 2017 for Slifer Square repairs. The Town Council directed staff
to proceed with community input and the initial stages of the project design.
Public Meeting
The initial public meeting for the Slifer Square project was held on March 29, 2016. The
meeting was noticed in the newspaper and posted on the Town of Vail website. In addition,
staff hand delivered flyers regarding the meeting to as many businesses and offices that were
open during normal business hours. Attendance at the meeting was light (about 10 people) but
what transpired was a very good, open discussion about the 4 primary issues and the potential
for improvements to the site. Specific comments received were recorded on a flip chart by staff
are and attached to this memorandum.
Approximately 85% of the comments received at the public meeting could be summarized with
the following statement.
May 17, 2016 - Page 101 of 21E
Maintaining the existing natural character and flow of Slifer Square is important but there is
room to improve the aesthetics and functionality of the space.
Comments that are not voiced are sometimes as telling as those that are expressed. In the
case of Slifer Square, what was not heard were statements relative to not changing anything
about the space. Those in attendance at the initial public meeting were not opposed to making
some changes to the space as long as the existing natural character is preserved. There will be
more public meetings and opportunities for community input as the project progresses.
Scheduling Scenarios
Staff can procure design services for the project by preparing and issuing a Request for
Proposals (RFP) to prospective consultant teams in early June. Proposals can be received
from proposing consulting teams in mid-July with a request to the Council to award the design
contract anticipated on August 2, 2016. The duration of the design and approval process is
dependent on the amount of change to the layout and function of Slifer Square that is desired by
the community and the Council.
The first scheduling scenario includes a limited amount of designed changes to the layout and
function of Slifer Square. In this scenario, design approvals can be obtained and construction
documents prepared for bidding in February 2017 and construction can commence in April
immediately following closure of Vail Mountain. The portion of the construction work that
involves deep excavations can be completed by mid-June at which time the work would cease
for the summer months. At that time, temporary pavement would be placed to allow safe and
comfortable access through the site during the summer months. The shallow and surface
portions of the work would be restarted immediately following the Labor Day holiday and be
completed prior to the end of November 2017.
The second scheduling scenario includes a higher level of change to the layout and function of
Slifer Square. It is anticipated that, in this scenario, design, approvals, and preparation of
construction documents would require an additional 8 weeks to complete and would be ready to
issue for bidding in April 2017. Bids from contractors could not be received until mid to late -
June which does not allow sufficient time to complete the work requiring deep excavation.
Temporary pavement throughout the winter months would not be an option because of the lack
of snow melted walking surfaces. In this scenario, staff would recommend to begin
construction in the spring of 2018 and follow a sequence similar to the first scenario discussed
above.
Staff will direct the consultant team to research and evaluate an additional scenario where water
quality devices are installed in the vaults on the existing storm sewer system. This technology
is new and its applicability is not fully understood at this time. If this technology can be utilized
in Slifer Square it would shorten the duration of the work involving deep excavation and allow for
an earlier start and completion date.
Town Council Request
Staff is requesting the Town Council consider the information presented above, provide
feedback to staff in regards to its preferences for change to Slifer Square and direct to staff to
begin the process for procurement of design services for the project.
Town of Vail Page 2
May 17, 2016 - Page 102 of 218
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Welcome Centers/Host Program Request for Proposal (RFP)
PRESENTER(S): Stan Zemler, Town Manager and Suzanne Silverthorn, Director of
Communications
ACTION REQUESTED OF COUNCIL: Approve and/or modify a request for proposal (RFP) and
selection process for management of Vail's Welcome Centers, the Volunteer Community Host
Program and Guest Welcome Services beginning October 1, 2016.
BACKGROUND: To prepare for future operation of the Welcome Centers and Community Host
Program, the Town Council has directed staff to prepare a Request for Proposal in which
respondents will describe how best to use the town's resources "to create a five-star customer
experience."
ATTACHMENTS:
Description
Welcome Centers/Host Program Request for Proposal (RFP)
May 17, 2016 - Page 103 of 21 E
WI ► ► I I
0) VAIL 1
Memorandum
To:
From:
Date:
Subject
Vail Town Council
Stan Zemler, Town Manager
Suzanne Silverthorn, Communications Director
May 17, 2016
Welcome Centers/Host Program Request for Proposal (RFP)
PURPOSE
The purpose of this discussion is to review and approve and/or modify a request for
proposal (RFP) and selection process for management of Vail's Welcome Centers, the
Volunteer Community Host Program and Guest Welcome Services beginning October
1, 2016.
BACKGROUND
On May 3, 2016, the Vail Town Council reviewed vision, mission and goal statements
that have been used to guide the Town's Guest Service Enhancement initiatives,
including operation of the Vail Village-Lionshead Welcome Centers and the Community
Host Program. In addition, the Town Council evaluated a list of 10 related goals distilled
from input solicited in April 2016 from the Vail Economic Advisory Council, Vail Local
Marketing District Advisory Council, Vail Chamber & Business Association Board of
Directors, Vail Resorts, Vail Info Inc. and Town staff. This review was requested by the
Town Council to reaffirm or modify the guiding principles that will be used for future
operation of the Welcome Centers/Host Program in anticipation of an RFP process. A
service contract was last executed in 2013 with Vail Info Inc. and expires on September
30, 2016.
• Vision — Adopted in 2011
Take a leadership role in collaborating with its partners to deliver an integrated
and seamless quality experience for Vail's customers and mountain guests.
Mission — Adopted in 2011
To create a five-star customer experience through a combination of human,
environmental and technological resources in which the perfect product is
delivered by caring people in a timely fashion that consistently exceeds
expectations.
May 17, 2016 - Page 104 of 21 E
Goals — Adopted in 2011
1. Successfully establish and consistently deliver five-star customer service so
that the guest experience is seamless across all Vail entities.
2. Increase guest satisfaction and loyalty.
3. Increase guest value through referrals and direct bookings.
4. Enhance Vail brand through complementary messaging and programming
investments.
Goals Brainstormed with Business Partners in 2016 for Future Operations
(See Exhibit B for corresponding examples)
1. Provide More Opportunities for Proactive Communications and Dynamic
Engagement with Guests
2. Greater Emphasis on Seamless Guest Experience - Full -Service, One -Stop
Shop, Activity Center
3. Maximize Opportunities for Guest Data Collection & Other Metrics
4. Ongoing Audit of Guest Impressions w/ Associated Refinements
5. Greater Utilization of Space to add Additional Guest Comforts,
Conveniences, Social Interaction, Activity Portal
6. Greater Utilization of Existing Elements
7. Increase Programming of Space to Draw Participation by Community
Members
8. Commit to Guest Service Personnel as Industry Leaders
9. Create Collaborative Oversight Structure
10. Future -Focused, Guest Welcome Services Program
Upon reviewing this input, the Town Council has directed staff to simplify the mission of
the Welcome Centers/Host program as follows:
To create a five-star customer experience — Adopted May 3, 2016
This direction has been incorporated in a draft RFP in which proposers are asked to
describe the approach they would use to fulfill creation of a five-star customer
experience.
III. RECOMMENDED NEXT STEPS & TIMETABLE
Based on discussions with the Town Council and the Town's community partners, the
opportunity exists to solicit proposals from interested parties or teams to describe how
they would best use the Town's resources to fulfill the stated five-star customer
experience via operation of the Welcome Centers and the Community Host Program.
This solicitation process will not only serve to explore possibilities for the future, but will
also demonstrate transparency in the Town's contract award process. The proposed
schedule is provided in two parts, as follows -
PART I
ollows:PARTI
May 17, 2016 — Town Council review and adoption/modification of RFP
May 19, 2016 — RFP issued and circulated
Town of Vail Page 2
May 17, 2016 - Page 105 of 21 E
• May 23-31, 2016 — Interested parties invited to schedule a tour of the facilities
with an opportunity to ask questions of the contract administrator and other Town
personnel
• June 1, 2016 — Deadline for contractors to confirm participation in the proposal
process
• July 1, 2016 — Submission deadline for proposals
• July 5, 2016 — Submissions reviewed by Town Council in executive session with
selection of qualified finalists (3 firms) based on score sheet containing
evaluation criteria listed in RFP
PART II
July 6, 2016 — Finalists notified of advancement to next phase to include
preparation and submission of business plan
August 2, 2016 — Finalists interviewed by Town Council to include presentation of
business plan followed by contractor selection based on evaluation criteria listed
in RFP
• October 1, 2016 — Start date for new management contract
IV. ACTION REQUESTED OF TOWN COUNCIL
Staff requests the following direction from the Town Council:
• Approve and/or modify the RFP for management of Vail's Welcome Centers,
Volunteer Community Host Program and Guest Welcome Services beginning
October 1, 2016
• Approve and/or modify the RFP evaluation process to include Town Council
selection of finalists on July 5, 2016, interviews of RFP finalists by the Town
Council on August 2, 2016, to be followed by contractor selection and contract
award
V. ATTACHMENTS
Exhibit A — Draft RFP for Management of Vail's Welcome Centers, the Volunteer
Community Host Program and Guest Welcome Services
Exhibit B — Town Council Memo from May 3, 2016
Town of Vail Page 3
May 17, 2016 - Page 106 of 21 E
rowN of va
EXHIBIT A
Town of Vail Request for Proposals
MANAGEMENT OF TOWN OF VAIL WELCOME CENTERS, THE
VOLUNTEER COMMUNITY HOST PROGRAM AND
GUEST WELCOME SERVICES PROGRAM
Town Manager's Office
Overview
This is a request for proposals to aid the Town of Vail (TOV) in identifying and securing the
services of an enterprise partner capable of:
1. Operational management of Vail's Welcome Centers and the Volunteer Community Host
Program
2. Utilizing the Welcome Centers and Volunteer Community Host Program to build an
enhanced Guest Welcome Services Program by engaging community partners, (e.g.
Vail Chamber and Business Association, Vail Resorts, Inc., Vail Recreation District, the
Vail Valley Foundation, Betty Ford Alpine Gardens, Walking Mountains Science Center,
music, culinary and athletic event producers, etc.,) in point -of -contact outreach to
overnight guests, drop-in day visitors and residents for the benefit of the Town, the
community and local businesses
3. Ongoing creation and recommendation of updates to guest service strategies and tactics
as opportunities arise to project the Vail brand at the point of contact
4. Gathering and regularly reporting relevant metrics that demonstrate, enumerate and
analyze Guest Welcome Services Program effectiveness
The Town of Vail seeks to engage with a firm on a one-year scope of work beginning October 1,
2016. The operator will have an opportunity to renew the contract for an additional two years
based on exceptional performance.
Current Situation
The Welcome Centers are the pillars of Vail's ongoing Guest Enhancement Initiative which
aspires to produce a measureable differentiation between Vail and its competitors in how guests
are welcomed and cared for. The Welcome Centers must provide a seamless, singular
communications portal for guest relations and services. With a mix of state-of-the-art technology
and personal interactions, the Welcome Centers serve to create a setting for a better informed
and more comfortable guest. In doing so, the Welcome Centers significantly contribute to Vail's
economic vitality.
May 17, 2016 - Page 107 of 21E
TOV Welcome Center RFP — May 19, 2016
Lionshead Welcome Center. The Lionshead Welcome Center opened in May 2012. Located
on the ground level of the three-story building, the Welcome Center contains a 260 square foot
secured greeting area which overlooks an additional 3,250 square foot open air day -lodge that
contains seating, a fireplace, restrooms and lockers at the east end. Capacity is 389.
One of the focal points in the Welcome Center is a large media wall that displays videos,
photographs and information to connect guests with Vail's brand personality. A touch -screen
"virtual concierge" is located close to the west entrance and is available as an additional
information tool as guests are waiting for assistance from the staff.
From 2012 to 2015, annual visitation to the Lionshead Welcome Center has averaged 43,000
guests, according to reports prepared by the contractor. These direct contacts are made with
approximately 1 out of 10 people accessing the space. Electronic door count readings in 2015
recorded annual visitation of 357,662.
This space has recently been used for several ancillary activities, including a town -sponsored
community open house, a film screening and a reception. These activities have shown the
potential for additional programming.
Vail Village Welcome Center. The Vail Village Welcome Center is a 950 square foot space
located on the top level of the Vail Transportation Center. In 2014, the space was remodeled
and adjoining restrooms were added to the east side of the building. Overall capacity is 125.
From 2012 to 2015, annual visitation to the Vail Village Welcome Center has averaged 44,000
guests, according to reports prepared by the contractor. Electronic door count readings
recorded 140,163 users in 2015. While smaller, this space has the potential for after-hours
ancillary programming.
Welcome Center Employees and Vail Host Program. The Town of Vail utilizes paid staff and
volunteers that work indoors at the Welcome Centers as well as outdoors throughout the
villages. Paid employees receive an hourly wage, as determined by the contractor, and are
employees of the contractor, not the Town of Vail.
As a complement to the paid employees, the Town of Vail relies on a robust Host Program,
which places volunteers throughout multiple locations in Vail to be on -the -spot ambassadors for
the Town. These hosts are tasked with greeting visitors, distributing handouts and information
materials and responding to a range of questions from wayfinding to special events. Overall
guest contacts by the hosts have averaged 62,500 annually since 2012, with the number of
contacts expanding to 78,500 in 2015 as a result of daily staffing during the winter season. The
potential for daily staffing during the summer season is under review.
2016 Obiective
TOV is seeking a partner who can effectively deliver a five-star customer experience.
Suaaested 2016 Goals
Applicants are encouraged to add to or expand upon the following Suggested Goals:
May 17, 2016 - Page 108 of 218
TOV Welcome Center RFP — May 19, 2016
1. Successfully establish and consistently deliver five-star customer service so that the
guest experience is seamless across all Vail entities.
2. Increase guest satisfaction and brand loyalty.
3. Encourage repeat visitation.
4. Increase value of the Guest Welcome Services Program to local enterprises.
5. Increase Welcome Center value to the local lodging sector through guest referrals and
direct bookings.
6. Enhance value of the Vail brand through complementary messaging and programming
investments.
Scope of Work
The scope of services will include:
o Daily operation of the Welcome Centers
o Year-round operation of the Vail Host Program
o Creation and daily management of a Guest Welcome Services Program
The selected contractor will be responsible for the following:
1. Recruiting, retaining, managing and optimizing paid and volunteer staff. As
previously outlined, the Town of Vail is seeking a contractor to assume all
responsibilities related to the human resource management of paid staff and volunteer
staff that serve in a customer service capacity. The contractor will:
• Establish a compensation model for paid staff, including considerations for
employee recognition.
• Create a recruiting plan that will seek to attract staff and volunteers that are
aligned with the Vail brand and equipped to deliver customer service in a way
that meets the diverse needs of our visitors. This may include specific recruiting
efforts of multi-lingual staff.
• Provide recommendations for hours of operation for the Welcome Centers and
accompanying staffing plan.
• Develop a staffing plan for the Host Program, a communications and deployment
model that would allow Hosts to be utilized to meet the most urgent customer
service needs in the Town of Vail.
• Define scope and responsibilities of Community Hosts with an emphasis on "on
your feet" thinking about ways to identify visitor needs and anticipate added
means of delighting visitors with the Vail experience from first contact to reported
satisfaction after their visit/stay.
2. Developing and delivering customer -centric service and programs. The Vail
Welcome Center programming and operations shall reflect the Vail Town Council's goal
of the delivery of exceptional guest service. The contractor will:
May 17, 2016 - Page 109 of 218
TOV Welcome Center RFP — May 19, 2016
• Develop and implement a training program for all paid staff and volunteer staff
which equips them to deliver five-star customer service as well as accurately
communicate the characteristics of the Vail brand.
• Establish and maintain a short -form database to capture visitor contact
information and determine reason(s) for visit
• Work with the Town of Vail to ensure training and optimal use of the technology
and tools inside the Welcome Centers, including the media wall and touch -
screen monitor as well as external tools, such as iPads, Vail apps, etc.
• Deliver daily guest services with welcoming, friendly, personalized assistance in
a way that reflects the Vail brand by meeting or exceeding service expectations
and encouraging repeat visits to the Welcome Centers. Specific services
provided may include:
• Wayfinding/Orientation
• Personal Itineraries
• Commission free lodging reservations
• Activity suggestions/Ticket sales
• Event Schedules/Tickets
• Assemble, produce and regularly update a master event calendar and other
guest -related materials in static and digital real-time formats according to criteria
established by the Town of Vail.
• Ensure that all customer service staff are current in their knowledge of this
calendar and activities in Vail so that the Welcome Centers provide a
comprehensive one-stop shop to meet guests' information and programming
needs.
• Create customer relationship management programs that encourage:
• Social media engagement
• Referrals from guests to others in their networks
• Deeper engagement with the Vail brand, the Town of Vail and Vail
businesses
• Increased loyalty and return visits to Vail
Provide recommendations to Town of Vail on creative and novel programming in
the Welcome Centers that support the Town's objectives (e.g. promoting Vail's
501h birthday).
3. Building and nurturing relationships with the Vail community.
• Create partnerships and alliances with Town staff, Vail Resorts, Vail Local
Marketing District Advisory Council, Commission on Special Events, event
promoters, chambers and others.
• Engage with the brand implementation efforts that will be led by the Vail Local
Marketing District and integrate the Vail brand throughout all communications
and social media channels within the purview of this engagement.
• Coordinate with other guest -focused initiatives directed by the Town of Vail,
including:
El
May 17, 2016 - Page 110 of 218
TOV Welcome Center RFP — May 19, 2016
• Wayfinding enhancements
• Parking and transit
• Events
• Walking tours
• Guest services training and recognition, including integration with other
programs and a rewards program to align with the Vail brand and its 5 -
star service expectations
• Marketing and communications and digital media
• Engage Vail residents, business owners, employees and others in elevating
guest services across the community.
• Act as partner with and representative of the Town of Vail by establishing clear
and open channels of communication, ensuring all interactions with the Vail
community positively reflect the Town and its commitment to enhancing guest
4. Maintaining appearance of Welcome Centers. The Welcome Center facilities are
provided at no charge to the contractor. Building maintenance, regular cleaning of the
public areas, utilities, snow removal and exterior trash pick up are provided by the Town
of Vail. Specifically, maintenance of the interior premises will be provided in a pristine
condition, including floors, windows, furniture, equipment and decorations.
The contractor is responsible for:
• Addressing immediate safety hazards, including mopping up spills on the floor
and other urgent matters, such as replenishing toilet paper in the restrooms,
when delays would otherwise cause a negative guest experience
• Notification to Town of Vail maintenance staff to report problems or concerns
• Cleaning of office space and back -of -house areas
• Contractor shall either establish guidance on suitable attire or provide uniforms
for hosts and employees as well as coordinated nametags.
5. Equipment, Furnishings and Technology. All equipment and/or furnishings purchased
with funds from the Town of Vail shall remain in ownership with the municipality.
Information technology services will be provided by the Town of Vail to include
hardware, software, telecommunications and training support. This includes a
proprietary web based reservation system which is owned by the Town and
programming of existing and future technology.
The contractor is responsible for any additional services, furnishings and equipment not
already included at Welcome Centers.
6. Developing and implementing a performance measurement model for individuals
and the collective staff. To ensure that the customer service programs are having a
measurable impact, the contractor will propose and implement a measurement model to
gauge individual staff performance as well as the overall impact of service initiatives on
May 17, 2016 - Page 111 of 218
TOV Welcome Center RFP — May 19, 2016
customer satisfaction. In addition to the performance standards and scope of work
identified in this RFP, considerations should be made to ensure quantitative and/or
qualitative measurement of:
• Volume of guests served
• Volume of bookings and referrals
• Guest use patterns and utilization of the Welcome Centers
• Guest satisfaction and loyalty (net promoter score or other measure)
• Individual employee performance
In addition to measures related to the guest experience, the Town of Vail wishes to ensure a
high degree of fidelity to other aspects of this contract. Measurements should also be
developed to address:
• Coordination and collaboration with Town of Vail and all other guest services
entities
• Innovation and creativity on the part of the contractor
• Community integration, buy -in and participation
Proposal Requirements
Written Content. Proposals should include your company's plans to address each of the six
elements in the Scope of Work. The successful operator will demonstrate the ability to:
• Expertly manage the ongoing staffing and facilities needs of the Welcome Centers and
Host Program
• Understand, communicate and ensure five-star customer service
• Integrate the Vail brand throughout all customer service endeavors
• Bring innovative and creative thinking to the task
• Invest in relationships and collaborate with the Town of Vail and other Vail entities
• Track, measure and report on customer service satisfaction and insights, including an
ability to translate insights into specific, future -forward action items
• Develop near and long-term programs and policies that fully leverage the Town's
physical assets, brand strength and amenities
Insurance. The independent contractor shall carry for the term of the operating agreement the
following insurance:
• Comprehensive general liability insurance policy, including products liability, with limits of
not less than one million dollars per occurrence and not less than two million dollars
general aggregate for bodily injury or death of any person or persons or damage to
property.
• Worker's Compensation and employer liability in accordance with the Worker's
Compensation Act of the State of Colorado, including medical/liability for volunteers.
RI
May 17, 2016 - Page 112 of 218
TOV Welcome Center RFP — May 19, 2016
Automobile liability (including owned, non -owned, and hired) in an amount no less than
one million dollars per individual and not less than one million dollars per occurrence.
Staffing. Paid staff are employees of the contractor, not the Town of Vail, and the contractor
shall be responsible for all related employment costs including payroll taxes, insurances outlined
above, any health insurance that may be required with the Patient Protection and Affordable
Care Act (PPACA), etc. All contracts for services with the Town of Vail require contractors to
comply with CRS section 8-17.5-101 regarding prohibition against employing illegal aliens.
PHASE 1 — Preliminary Applicant Review
Proaosal Format
The Vail Welcome Center proposal shall be prepared using the following format in order to
facilitate evaluation:
Letter of Transmittal
Part 1: Background, Relevant Experience and Qualifications
Part 2: Guest Welcome Services Approach
Part 3: Appendices
Letter of Transmittal
The letter of transmittal should be forwarded electronically to Suzanne Silverthorn,
ssilverthorn(a-)vailgov.com and addressed to:
Town of Vail
Re: MANAGEMENT OF TOWN OF VAIL WELCOME CENTERS, THE
VOLUNTEER COMMUNITY HOST PROGRAM AND GUEST WELCOME SERVICES
':•
TI NA
Town Manager's Office
75 S. Frontage Road
Vail CO 81657
ATTN: Vail Welcome Center Review Team
Part 1: Company Overview, Experience, Qualifications
o Provide all pertinent background information about your organization including mission
statement, primary capabilities, financial management, balance sheet and statement of
sources and uses.
o Describe your company's management team and operational infrastructure that will
support this endeavor. Provide an overview of the technology, financial and operational
systems that your organization will rely upon to deliver the services outlined in this RFP.
May 17, 2016 - Page 113 of 21 E
TOV Welcome Center RFP — May 19, 2016
Tell us how your company's existing systems and operations create efficiencies for the
Town of Vail. If a team is proposed, identify your team members and their backgrounds.
o Describe expertise as it relates to fulfilling the operational scope of work for the
Welcome Centers.
o Provide examples of previous experience.
o Provide at least three client references with contact information and a brief description of
the work performed if not mentioned in the previous section.
Part 2: Guest Welcome Services Approach. Describe your ideas about how your firm might
approach development of an overall Guest Welcome Services Program. Consider the following:
o A description of a general guest services philosophy
o Creating a positioning statement (a la Nike's, "Just do it.") that will serve to focus the
Guest Welcome Services effort
o How to approach determining visitor/guest needs and fulfilling them
o How to maximize impact, immediate and long-term value of initial guest contact
o Providing more opportunities for proactive communications and dynamic engagement
with visitors/guests
o What characteristics would describe an ideal Vail Host?
o Fostering the "seamless guest experience"
o Establishment of a full-service, one-stop activity center
o Maximizing the use of current Welcome Center space
o Programming of the Welcome Centers
o Enhancing community use and participation in programs/events at the Welcome Centers
o How the TOV might work with property managers to provide Guest Welcome Services
information to short-term renters
o Establishing industry leadership in guest services
Part 3: Appendices. Include information considerations by the proposer to be pertinent to this
project that were not specifically solicited in Parts 1 & 2.
PHASE 2
Letter of Transmittal
Part 1: Proposed Business Plan
Part 2: Proposed Costs
Part 3: Appendices
Finalists selected by the Vail Town Council will proceed to Phase 2. Finalists will be required to
prepare a Presentation of Qualifications and a Proposed Business Plan to be presented in
scheduled presentations before the Town Council.
Part 1: Proposed Business Plan. Describe your approach for each of the six sections
included in the Scope of Work and develop a one-year business plan for the Vail Welcome
Center programming and the overall approach to elevating the guest experience in Vail. Please
use examples when possible to demonstrate operational intentions. The business plan should
include:
W
May 17, 2016 - Page 114 of 218
TOV Welcome Center RFP — May 19, 2016
o Recommended staffing levels and hours of operation
o Approach for compensation of paid (and volunteer) staff
o Description of the services to be provided
o Overview of the recruitment and retention plan that reflects the realities of the Vail Valley
labor market and motivational challenges of the staff
o Description of the training module/s and frequency
o Recommendations on performance measurement models
o Approach and systems for ensuring positive working relationships with the Town of Vail
and other Vail entities
o Management model
Part 2: Proposed Costs. Develop a budget that includes all costs you or your organization
would charge the Town of Vail to implement the one-year business plan and accomplish the
scope of work in this request for proposal. Specifically, the proposal should include an
itemization budget that reflects:
0 100 percent of the operating costs associated with personnel, including taxes and
benefits
o Costs of training programs, employee recognition, etc.
o Management fees for program oversight and implementation
o Administrative costs, including cleaning, equipment, office supplies, accounting,
insurance requirements, etc.
Part 3: Appendices. Include information considerations by the proposer to be pertinent to this
Phase that were not specifically solicited in Parts 1 & 2.
Submission Requirements and Schedule
5-19-16 Request for Proposals issued and available
5-23-5-31 All interested parties are invited to schedule a tour of the facilities with an
opportunity to ask questions of the current contract administrator, host
administrator and other Town personnel. To schedule a tour or briefing
session, contact Suzanne Silverthorn, Communications Director, at
ssilverthorn(a)vailgov.com.
6-1 Deadline for contractors to confirm participation in the proposal process.
Submit letter of interest to contract administrator at
ssilverthorn(a)vailgov.com
7-1 Submission deadline for proposals.
7-5 Submissions reviewed by Town Council in Executive Session.
7-6 Qualified finalists (3 firms) notified of advancement to next phase. Phase
2 interviews and presentation times to Vail Town Council to be scheduled.
8-2 Finalists present Qualifications, Business Plans and Proposed Costs to
Vail Town Council. Contractor selection announced.
0
May 17, 2016 - Page 115 of 218
TOV Welcome Center RFP — May 19, 2016
10-1-16 Start date for new service contract
Evaluation and Selection
In Phase 1, Vail Town Council will evaluate the merits of the proposals in accordance with the
criteria listed below and select a short list of finalists to move on to Phase 2. Failure to provide
information requested in this RFP may result in disqualification of a proposal. The sole objective
of this review will be to evaluate the responsiveness of each proposer to the requirements of the
RFP. Proposals shall be evaluated based on:
• Completeness of the proposal
• Company operations and experience
• Qualifications
• Demonstration of both creative and critical thinking for approaches, solutions and
operations
• Proposed Guest Welcome Services approach
• Proposed cost and related services
• Ability to integrate Welcome Center program with the Town of Vail Guest Welcome
Services initiative.
Payment for Services
Upon selection and approval of the independent contractor to provide the services outlined in
this RFP, the Town will develop an operating agreement with the independent contractor setting
forth specific terms including a fixed amount contractor will be paid and timing of payments.
Funding for year two and year three will be subject to annual review and appropriation by the
Town of Vail.
Operator will receive two Silver Parking Passes for management use. Employee compensation
structure should include an evaluation of transportation and parking requirements.
Administrative Control of Funds
Once a signed agreement is in place, the contractor shall keep or cause to be kept true,
accurate and complete accounting records of all business and financial transactions relative to
the Welcome Center programs and operations.
The operator shall provide a monthly report and annual report of all Welcome Center activity,
along with a financial report, to the Town of Vail.
APPENDIX
A. Vail Brand Guidelines
B. Vail Local Marketing District (VLMD) 2016 Strategic Plan
10
May 17, 2016 - Page 116 of 218
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BRAND POSITIONING
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May 17, 2016 - Page 118 of 218
V A I L
BRAND POSITIONING
BRAND ESSENCE
The core of what our brand ultimately represents
and delivers to consumers.
BRAND POSITIONING
BRAND CHARACTER
The qualities and attributes that give rise to our
brand's personality, voice, tone and behavior.
BRAND GUIDELINES: BRAND POSITIONING
LIKE NOTHING ON EARTH.
THE LEADER
PAGE 3
AUTHENTIC — We're experienced and proven. We're comfortable being ourselves and blazing our own trail.
CONFIDENT— We believe our reputation for being the best is well-earned. We lead by example and speak proudly
about the exceptional experiences we offer, without feeling the need to be braggadocios or to put others down.
INSPIRING— We're passionate about who we are and what we do. Inspired ourselves by what nature has given us,
we aim to inspire others to come to Vail and experience connection, joy, wonder, awe and the feeling of being part of
something bigger than themselves.
INNOVATIVE— We never settle. We are always proactive, staying one step ahead and consistently elevating every aspect
of the Vail experience.
SOPHISTICATED —We are the world's premiere mountain resort and village, offering a unique combination of
cosmopolitan luxury, refined culture, mountain recreation and natural grandeur.
VAIL
BRAND POSITIONING
BRAND PILLARS
The key foundational features that help define
and create our consumer's experience.
BRAND GUIDELINES: BRAND POSITIONING
MOUNTAIN RECREATION
EXPANSIVE, ACCESSIBLE AND VARIED TERRAIN
PAGE 4
LIFESTYLE/CULTURE
INTERNATIONAL FEEL, EVENTS AND ACTIVITIES, HERITAGE
Concerts
z Athletic competitions
o Culinary/wine events
Cultural events
Q Film festivals
LU
Purpose-built environment
World-class, worldwide reputation
A,
More than 5,200 ski -able acres
Mountain/Road biking
The most groomed terrain on earth
Hiking, Backpacking
LU LU
Back bowls
w
Rafting, Kayaking
z_
Blue Sky Basin
75—
Lift system
Lift system
N
Epic Discovery
Ski School
Nature Center &Alpine Garden
Adventure Ridge
Fishing, Hunting
VILLAGE SOPHISTICATION
CASUALTO FINE DINING, HIGH-END SHOPS AND HOTELS
W
V
Apres ski
Spas
Ice rink
Golf
H z
Heated cobblestone streets
�
Tennis
Ln
LIFESTYLE/CULTURE
INTERNATIONAL FEEL, EVENTS AND ACTIVITIES, HERITAGE
Concerts
z Athletic competitions
o Culinary/wine events
Cultural events
Q Film festivals
LU
Purpose-built environment
World-class, worldwide reputation
A,
V A I L
BRAND POSITIONING
BRAND PROMISE
BRAND GUIDELINES: BRAND POSITIONING
PAGE 5
A,
BECAUSE nly Vail delivers the best of mountain recreation and village sophistication in a unique cultural atmosphere
There's something about being in Vail that just can't be put into words. Something that makes us surrender
A benefit -oriented statement that brings to life
to being fully present in this place. Something that immediately disconnects us from our everyday, while
what we ultimately deliver for our consumers.
simultaneously reconnecting us with family, friends and to parts of ourselves long forgotten. Something that
reminds us of what we live for, what we work for, and what it's like to forget everything else but the moment
we're in. Being in Vail puts us back in touch with our sense of awe and fills us with appreciation for being
amazed, for being a part of something majestic, and forjust simply being. From expansive and exhilarating
mountain adventures by day, to lively and luxurious village experiences by night, being in Vail resurrects
within us a childlike sense of joy, awe and wonder that turns even the simplest moments into treasured
memories.Vail is like nothing on Earth.
BRAND POSITIONING
BRAND STATEMENT
TO discerning individuals who desire premium experiences, Vail is the pinnacle mountain destination
Afeature-oriented statement that succinctly
THATinspires awe and wonder at every turn
expresses how our brand uniquely fills a
consumer need for our core audience.
SO you can create and share exhilarating and luxurious experiences with family and friends
A,
BECAUSE nly Vail delivers the best of mountain recreation and village sophistication in a unique cultural atmosphere
V A I L
BRAND POSITIONING
BRAND VOICE
BRAND GUIDELINES: BRAND POSITIONING
PAGE b
We're Vail. As the established leader in our industry, we don't need to jockey for attention.
The tone we use to bring our brand positioning, When we speak, people listen. So we speak in a tone that is simple and succinct, inspiring and intelligent,
character, personality and messaging to life in confident and bold. Our reputation for excellence and elegance precedes us. And the undeniable majesty
headlines and copy. of our mountain is powerful enough to speak for itself. Our words need only to adorn and reinforce our
world-renowned reputation, evoking a sense of the wonder, awe and inspiration you feel when you're
here enjoying our premier mountain experience.
1 I cl 111 `.T1
f
r�
VAIL
LOGO/USAGE
BRAND LOGO
The elements that comprise our logo.
BRAND GUIDELINES: LOGO/USAGE
PAGE 8
AVAIL Like nothing on earth':
Symbol I Logotype
Tagline
VAIL
LOGO/USAGE
LOGO VARIATIONS
BRAND GUIDELINES: LOGO/USAGE
PRIMARY LOGO
VAI L Like nothing on earthT:
PAGE 9
SECONDARY LOGO
VAIL Like nothing on earthT:
ALT. LOGOS
AVAIL
� VA I L® Like nothing on earth':
VAI L
Like nothing on earth.
V A I L
LOGO/USAGE
LOGO USAGE
BRAND GUIDELINES: LOGO/USAGE
PRIMARY LOGO AVAIL Like nothing on earth':
PAGE 10
The primary logo should be used in all cases where the logo stands alone -when the logo "symbol"
is not used as it's own dominant element.
Examples:
The horizontal logo should be used when space allows. The Stacked logo should only be used if there is not
adequate space in the layout. (See minimum size requirements, page 15)
Example:
DEALSEXPLORE SPRING BREAK
BOOK NOW
VvVAIL Like nothing on earth"
Acceptable
Unacceptable
Acceptable
Unacceptable
V A I L
LOGO/USAGE
LOGO USAGE
BRAND GUIDELINES: LOGO/USAGE
SECONDARY LOGO VAIL Like nothingon earth':
PAGE 11
The secondary logo is acceptable to use when the logo "symbol" is used in the same layout
as a significant visual element.
Examples:
The horizontal logo should be used when space allows. The stacked logo should never be used if the layout can
accommodate the preferred horizontal version.
Example:
Acceptable
Unacceptable
Acceptable
A,
i
Unacceptable
VAIL
LOGO/USAGE
LOGO USAGE
BRAND GUIDELINES: LOGO/USAGE
ALTERNATIVE LOGOS 10e/VA I L®
PAGE 12
The alternative logos can be used in instances when the space is too small forth e primary or secondary logo.
Examples:
Tall, thin digital
banners
Q Vali M—Aafn Resort I Ca x •
www.VSII.com C m ee E C i r O n
1*01
favicon or mobile icon
As a graphic element in a banner
or print ad
When use of the tagline is redundant
NOTE: Stacked logos should only be used in the extreme case where the tag Iine is preferred or necessary
but there is not adequate space for the primary or secondary logo options.
WAIL
Like nothing on earth:"
VAI L
Like nothing on earth':
VAIL
LOGO/USAGE
LOGO USAGE
BRAND GUIDELINES: LOGO/USAGE
WHEN TO USE LOGO COLOR VARIATIONS
The white reversed out logo is preferred on all blue sky or darker backgrounds:
M.
The Vail blue logo may be used on white or very light backgrounds:
VAIL Like nothing on earth' .
vaa.com
When there is not significant contrast either way, or background is too busy, a blue
bar with white reversed out logo is acceptable:
Is s Ga N
DEALSor
EXPLORE SPRING BREAK J :`
0 VAIL Like nothing on earth"
PAGE 13
VAIL
LOGO/USAGE
LOGO VARIATIONS
CMYK:
Used when printing
4 color press
RGB:
Used in all web and
screen applications
PMS 2925:
Used in all spot color
applications
Black:
May only be used
in applications that
blue/ white won't work
Grayscale:
Used for poor quality
reproduction
White Reversed:
Used against
dark or blue
backgrounds
BRAND GUIDELINES: LOGO/USAGE
PRIMARY LOGO
vVAIL Like nothing on earth:
VAIL Like nothing on earth:
e/VAIL Like nothing on earth:
V VAI L Like nothing on earth:
NAIL Like nothing on earth:
SECONDARY LOGO
VAIL Like nothing on earth':
VAIL Like nothing on earth:
VAIL Like nothing on earth:
VAIL Like nothing on earth:
VAIL Like nothing on earth:
PAGE 14
ALT. LOGOS
AVAIL®
NAIL.
NAIL®
vVAILc,
VAI L.
&A,
VAIL
LOGO/USAGE
LOGO MINIMUM SIZE
BRAND GUIDELINES: LOGO/USAGE
V VAIL Like nothing on earth':
Web minimum: 180 pixels
Print minimum: 2.5"
'vVAIL
Like nothing on earth'.
Web minimum: 120 pixels
Print minimum: 1.675"
PAGE 15
VAIL Like nothing on eartK
Web minimum: 170 pixels
Print minimum: 2.375"
Web minimum: 25 pixels
Print minimum: .375"
NAIL®
Web minimum: 60 pixels
Print minimum:.75"
VAIL
LOGO/USAGE
LOGO CLEAR SPACE
Chapter Description:
BRAND GUIDELINES: LOGO/USAGE
VAIL Like nothing on earthT:
a
Primary Logo
a
111117
VAIL Like nothing on earthT: 'jn'
Secondary Logo
Alt. Logo
NAIL®
Q
Alt. Logo Symbol
PAGE 16
VAIL
LOGO/USAGE
LOGO MISUSE
BRAND GUIDELINES: LOGO/USAGE
EXAMPLES
PAGE 17
In no situation can the color of the vail signature, vail logo,or lockup be changed from the approved
color -ways in this document.
VAIL thing on earth:"
Do not change the color.
VAIL nothing on earth'"
Do not change the size.
'AIL
VAIL Like nothing on earth: Like othing on earth:
Do not change the spacing. Do not stack.
w7 ^ V IL®
Do not change the color. Do not change the size.
AIL YVI
Do not change the spacing. Do not stack.
MAI/Unothing on earth."
Do not outline.
VAIL/enothingoneart1f."
Do not change the font.
V/ 7pool/
Do not outline
Do not change the font.
VAIL
LOGO/USAGE
BRAND GUIDELINES: LOGO/USAGE
LOGO MISUSE EXAMPLES
PAGE 18
In no situation can theVail logos be placed over a background that does not allow the logo to be clearly legible.
• •6.
i !
• • i •
•
May 17, 2016 - Page 134 of 218
VAIL
LOGO/USAGE
HISTORICAL LOGOS
BRAND GUIDELINES: LOGO/USAGE
HISTORICAL LOGO: APPROVED
Only historical logo approved for licensing.
HISTORICAL LOGO EXAMPLES: NOTAPPROVED
The following are not acceptable for use.
V
T re's no comparsoW
SN SPORTS SCHOOL
VAILRESOf
PAGE 19
VAIL
LOGO/USAGE
TOWN OF VAIL LOGO
BRAND GUIDELINES: LOGO/USAGE
TOWN OF VAIL LOGO
SeeTown of Vail Graphic Standards for full usage information.
TOWN OF VAIL
0.5 12 T ET -M'
0.5 (1/2) T
0.5 1 2 T
0.5(1/2)T 1't
Department names use Univers Bold, aligned right as shown.
PAGE 20
TOWN OF VA
BRAND GUIDELINES
BRAND ASSETS
4AM'k,
Ar/
VAIL
BRAND ASSETS
BRAND GUIDELINES: BRAND ASSETS
COLOR PALETTE LOGO COLORS
The only colors allowed for the Vail logo, symbol,
tagline and typography are Vail Dark Blue, White,
Gray and Black. 6W
Accent colors are allowed in web and screen Vail Dark Blue Vail White
applications to ensure adequate contrast PMS 2925 R255 G255 B255
between CTA and background imagery. RO G152 B219 CO MO YO KO
C84 M21 YO KO
TYPOGRAPHY COLORS
Vail Dark Blue
PMS 2925
RO G152 B219
C84 M21 YO KO
Vail White
R255 G255 B255
CO MO YO KO
CTA, ONLINE USE ONLY COLORS
Vail White Vail Dark Blue
R255 G255 B255 PMS 2925
CO MO YO KO RO G152 B219
C84 M21 YO KO
Vail Gray
Vail Black
PMS Cool Gray 10
PMS Black
R128 G130 B133
RO GO BO
CO MO YO K60
C30 M30 Y30 K100
Vail Gray
Vail Black
PMS Cool Gray 10
PMS Black
R128 G130 B133
RO GO BO
CO MO YO K60
C30 M30 Y30 K100
Vail Navy Vail Orange
RO G65 B119 R224 G116 BO
C100 M83 Y27 K12 CO Y66 M100 K
PAGE 22
VAIL
BRAND ASSETS
TYPOGRAPHY
This outlines guidelines for all print
typography.
HEADLINES:
Letter spacing of headlines should be tracked
very wide, as wide as is appropriate for the layout.
When used with a subhead, there should be
a significant difference between primary and
secondary font sizes. Should be set in all caps.
BRAND GUIDELINES: BRAND ASSETS
PRINTTYPOGRAPHY
Headline:
AVENIR: HEAVY
ABCDEFGH IJK LM N OPQ RSTUWXYZ
abcdefghijklmnopqrstuvwxyz
1234567890
Subhead:
BODY COPY: AVENIR NEXT CONDENSED: MEDIUM
Body copy can be set in Avenir Medium A B C D E F G H I J K LM N 0 P Q R S T U W X Y Z
in a legible size.
abcdefghijkImnopgrstuvwxyz
1234567890
Body Copy:
AVENIR: MEDIUM
ABCDEFGHIJKLMNOPQRSTUVWXYZ
abcdefghijklmnopqrstuvwxyz
1234567890
PAGE 23
May 17, 2016 - Page 139 of 218
VAIL
BRAND ASSETS
TYPOGRAPHY
This outlines guidelines for all web and
screen advertising.
HEADLINES:
Letter spacing of headlines should be tracked
moderately wide, to allow for sufficient character
count in the layout. When used with a subhead,
there should be a significant difference between
primary and secondary font sizes. Should be set
in all caps.
CTA:
Set in all caps.
BRAND GUIDELINES: BRAND ASSETS
ONLINE TYPOGRAPHY
Headline:
OPEN SANS: BOLD
ABCDEFGH IJKLMN OPQ RSTUWXYZ
abcdefghijklmnopqrstuvwxyz
1234567890
Subhead:
OPEN SANS: BOLD
ABCDEFGH IJKLMN OPQ RSTUWXYZ
abcdefghijkImnopgrstuvwxyz
1234567890
CTA:
OPEN SANS: BOLD
ABCDEFGH IJK LM N OPQ RSTUW X YZ
abcdefghijklmnopgrstuvwxyz
1234567890
PAGE 24
May 17, 2016 - Page 140 of 218
BRAND GUIDELINES
PHOTOGRAPHY
µ �A,11;
41
May 17, 2016 - Page 141 of 218
VAIL
PHOTOGRAPHY
TONE
Our photography should elevate our brand.
It should present our mountain and our blue sky
in a way that feels warm and inviting, not stark or
cold. Sunshine should be prevalent bringing
a sense of joy to the scene.
BRAND GUIDELINES: PHOTOGRAPHY
BALANCES WARMTH AND BLUE SKY
i
PAGE 26
VAIL
PHOTOGRAPHY
AUTHENTICITY
Our photography should project the powerful
emotional reaction people have while enjoying
their experiences and capture them in a candid,
genuine way.The image should draw the viewer
into the moment as it authentically unfolds.
BRAND GUIDELINES: PHOTOGRAPHY
DISPLAY AUTHENTIC HUMAN EMOTION
PAGE 27
May 17, 2016 - Page 143 of 218
VAIL
PHOTOGRAPHY
PERSPECTIVE
We want to present the Vail experience as the
dynamic, engaging adventure that it is.
Compelling perspectives create intrigue
and emotional connection.
BRAND GUIDELINES: PHOTOGRAPHY
UNIQUE, INSPIRING AND ENGAGING
PAGE 28
VAIL
PHOTOGRAPHY
COMPOSITION
Imagery should be bold, powerful and confident.
We want to push the boundaries of traditional
composition with unique, unexpected, highly
graphic compositions and/or cropping.
BRAND GUIDELINES: PHOTOGRAPHY
MODERN, GRAPHIC CROPPING
PAGE 29
May 17, 2016 - Page 145 of 218
VAIL
PHOTOGRAPHY
ENDLESS SKY
When possible, we want to ensure that images
do not have elements that crop off the top or
bottom of the scene so we can extend the sky
or foreground in post to accommodate for the
current design direction.
BRAND GUIDELINES: PHOTOGRAPHY
UNIMPEDED SKY
PAGE 30
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VAI L
Like nothing
Overarch
ing
Goal
Strengthen Vail's
position
as a year-round
destination that appeals to a broad audi
by elevat
ing
the summer brand
May 17, 2016 - Page 149 of 218
ence,
position.
'vVAIL Like nothing on earth':
1
16
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■ OUR MISSION
1
1
Grow a vibrant, diverse economy and community
and preserve our surrounding natural environment, �+ ,:;
i
providing our citizens and guests with exceptional
Mir d.161
services ana an abunaance of premier
recreational, cultural and educational
opportunities.
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elevate the
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Town Council Action Plan
it
COMMUNITY
Engage our community in honoring our
social, recreational, cultural, educational
and environmental values that will guide
sustainable strategies throughout our
neighborhoods as the foundation of our
town's continued success.
Balanced community housing
composition
0 Civic area enhancements
Regional opportunities supporting
community living and amenities
Educational enrichment throughout the
community
Informed community
May 17, 2016 - Page 151 of 218
•11,
AMIN
EXPERIENCE
Deliver on the promise, "Vail. Like nothing on
earth" that also supports "preserving our
earth," in everything we do.
Excellent municipal services
Convenient, efficient and safe parking and
transportation venues
Strategic implementation of environmental
programs
Competitive technology
0 World class recreational amenities,
educational enrichment programs and
stewardship of our natural environment
Focus on the "Vail Way" of doing things
TOWN of VAIL
ECONOMY
Preserve our vibrant and diverse economy
that keeps Vail at the forefront of our resort
competitors.
Long range strategic plans to enhance
competitiveness of TOV
Create community spaces that support
iconic events as well as arts, cultural,
culinary, educational and local community
programming
Collaborate with Vail Resorts on resort
programming and municipal services
'vVAlf Like nothing on earthT:
2016 Market
ing
Objectives
Continue the momentum and build on the powerful leadership position of the year-round Vail brand
o Increase Sales Tax Revenue
Increase May — October Occupancy
o Increase Group Occupancy
o Optimize Visitor Mix
o Monitor Net Promoter Score (due to new methodology)
o Increase Consideration percentage as measured by Burke
'vVAIL Like nothing on earth':
May 17, 2016 - Page 152 of 218
2015 Goals
Sales Tax Increase: +3%
DestiMetrics Occupancy: +4%
Group Occupancy:
Destination Visits:
International Visits:
IS Visits:
+6%
58% of Mix
10% of Mix
20% of Mix
Oro
2015 Results
May — October +7.2%
May — October +3%
-15%
58% of Mix
9% of Mix
2016 Go
+3%
+2%
+4%
als
60% of Mix
11% of Mix
20% of Mix
Consideration
26%(2013)
19%
+2%
NIPS:
86
84
Monitor due to new meth
odology
2016 What's New
o Epic Discovery expansion
o New Events
o New retail & restaurants
o Betty Ford Education Center
o Skate Park
o Wayfinding
o Upgraded Technology
o Maintain what we have at world class level
'vVAIL Like nothing on earth':
May 17, 2016 - Page 154 of 218
rowN ofvain ")
Memorandum
To: Vail Town Council
From: Stan Zemler, Town Manager
Suzanne Silverthorn, Communications Director
Date: May 3, 2016
Subject: Review and Adoption of Welcome Centers/Host Program Operational Goals and
Next Steps
I. PURPOSE
The purpose of this discussion is three -fold: 1) to review and adopt a list of partner -
driven goals to be incorporated into future operations of the Vail Village and Lionshead
Welcome Centers and Volunteer Community Host Program beginning October 1, 2016;
2) to review and adopt a recommended timetable regarding next steps; and 3) to define
the role of the Town Council regarding operation of the Welcome Centers and
Community Host Program.
II. BACKGROUND
In 2011, the Vail Town Council adopted a series of Guest Service Enhancement
initiatives to further the Town's vision to "take a leadership role in collaborating with its
partners to deliver an integrated and seamless quality experience for Vail's customers
and mountain guests." In pursuit of this vision, the new Lionshead Welcome Center
opened in 2012 and was followed by a remodel of the Vail Village Welcome Center in
2014. Gateway and wayfinding enhancements were also completed. Throughout this
period, a service contract has been in place with Vail Info Inc. for the independent
operation of the Welcome Centers and the Volunteer Community Host Program. This
arrangement expires on September 30, 2016. To prepare for future operation of the
Welcome Centers and Host Program, the Town Council has directed staff to assess the
Town's stated vision, mission and goals for the services and to recommend updates,
where needed. In addition, Attachments B and C are provided as background
information regarding four operational models as well as an updated analysis of costs
associated with a town -run operation.
Current Mission — Adopted in 2011
• To create a five-star customer experience through a combination of human,
environmental and technological resources in which the perfect product is delivered
by caring people in a timely fashion that consistently exceeds expectations.
Current Goals — Adopted in 2011
May 17, 2016 - Page 155 of 218
• Successfully establish and consistently deliver five-star customer service so that the
guest experience is seamless across all Vail entities.
• Increase guest satisfaction and loyalty.
• Increase guest value through referrals and direct bookings.
• Enhance Vail brand through complementary messaging and programming
investments.
To date, input has been solicited from the Vail Economic Advisory Council, Vail Local
Marketing District Advisory Council, Vail Chamber & Business Association Board of
Directors, Vail Resorts, Vail Info Inc. and Town staff. Discussions have resulted in
identification of 10 distinct goal areas, each of which contain a brainstormed list of
possible actions and follow up. These ideas are included in Exhibit A as examples only.
Additional evaluation and analysis is required for any future follow up. Exhibit D has also
been provided representing a snapshot of visitor data compiled by the contractor.
III. OVERVIEW OF EXISTING WELCOME CENTER OPERATIONS
External Services Provided
• 7 day a week staffing of Welcome Centers as clearing house for guest services
o Operating Hours: Summer (Memorial Day through Labor Day) 9 am to 8
pm; Winter (ski season) 8:30 am to 5:30 pm, Vail Village - 8:30 am to 7
pm Lionshead; Off Season , 9 am to 5 pm
o Referrals for shopping, dining, activities
o Last-minute lodging bookings — commission -free since 2005
o Outlet for brochures and magazines
• Community Host program — 7 day a week coverage during winter season;
weekends during summer
• Social media presence (Facebook and Twitter)
• Collection point for Vail Local Marketing District database
• Extended hours in Vail Village Welcome Center up to 10 p.m. during prolonged
closures of 1-70
Behind the Scenes Services Provided
• Compilation of master event calendar
• Production of monthly event posters for display in Welcome Centers
• Compilation of master business list
• Inventory of businesses that will be open during spring and fall seasons and
hours of operation
Trends & Observations
• Annual visitation to Lionshead Welcome Center is greater than in previous
location on Frontage Road.
Direct contact is made with 1 out of 10 people accessing the Lionshead Welcome
Center and approximately 1 out of 2 people accessing Vail Village Welcome
Center; others are accessing restrooms, lockers, shuttles.
Overall guest contacts by staff at the Welcome Centers have averaged 87,000
annually since 2012 with an average of 44,000 visitors in Vail Village and an
Town of Vail Page 2
May 17, 2016 - Page 156 of 218
average of 43,000 in Lionshead. Combined annual visitation has fluctuated as
follows:
0 2012 - 96,000
0 2013 — 82,000
0 2014 — 79,000 (VVWC in temporary quarters during remodel)
0 2015 — 90,000
Overall guest contacts by Community Hosts have averaged 62,500 since 2012,
with the number of contacts expanding in 2015 as a result of daily staffing during
the winter season:
0 2012 — 60,000
0 2013 —
53,500
0 2014 —
59,000
0 2015 —
78,500
Last-minute commission -free lodging
Centers has averaged 350 annually:
0 2012-431
0 2013-446
0 2014-319
0 2015-207
bookings arranged via the Welcome
Decline is attributed to less available inventory available to Welcome
Centers; lodges already booked with full price reservations; use of online
booking services; seen by some lodges as additional step to load
inventory solely for Welcome Centers
On average, there are more guests served by the Welcome Centers in summer
than winter. This could be explained by longer operating hours, longer daylight,
free parking, an increase in vacationing motorists and curiosity about summer
activities offered at a ski resort.
o Vail Village 5 -year average 2011-2015
Winter — 19,033 Summer — 22,641
o Lionshead 5 -year average 2011-2015
Winter — 15,863 Summer — 20,814
There are more guests served by Community Hosts in winter than summer. This
is explained by three times as many staffing hours.
Since remodel, Vail Village Welcome Center has increasingly become a
hub/waiting area for hotel shuttles, CME, Greyhound and Bustang riders.
Lionshead Welcome Center is used less as intended "day lodge" and more as a
hotel shuttle waiting area. However, fireplace seating area does attract a fair
amount of guests, especially women and older adults. They use the couches to
read, knit, work on computers, charge their phones, etc., while they wait for
family members on the mountain, sometimes staying for 2 to 3 hours. Utilization
of half-size lockers is about 50%. Full size lockers appear to be used as year-
long ski lockers by savvy locals.
Interest has been expressed in using the Welcome Centers as a venue for
receptions and other functions. For example, Art in Public Places hosted a
reception in the Vail Village Welcome Center earlier this year to celebrate
installation of the "Red Eddy" art piece. In Lionshead, a Skadi Vail reception was
hosted by Vail Resorts on January 20 with approximately 60 people attending.
Town of Vail
Page 3
May 17, 2016 - Page 157 of 21E
The event included appetizers and drinks, as well as a sneak preview of a film
projected on the giant media wall. In the spring, the space was used by the town
to host an open house on the 1-70 Vail Underpass project. The town's
environmental office used the space to host a film screening in conjunction with
Earth Day. Vail Jazz is finalizing arrangements to host a photo exhibition there
August 17 — September 7 and a reception on September 1.
See Exhibit D for a Visitor Profile Snapshot in winter and summer.
IV. RECOMMENDED GOALS FOR FUTURE OPERATIONS
The following goals for future operation of the Welcome Centers/Host Program have
been distilled following brainstorming sessions with the Town's partner agencies. A list
of corresponding examples is included in Exhibit A:
1. Provide More Opportunities for Proactive Communications and Dynamic
Engagement with Guests
2. Greater Emphasis on Seamless Guest Experience - Full -Service, One -Stop
Shop, Activity Center
3. Maximize Opportunities for Guest Data Collection & Other Metrics
4. Ongoing Audit of Guest Impressions w/ Associated Refinements
5. Greater Utilization of Space to add Additional Guest Comforts, Conveniences,
Social Interaction, Activity Portal
6. Greater Utilization of Existing Elements
7. Increase Programming of Space to Draw Participation by Community Members
8. Commit to Guest Service Personnel as Industry Leaders
9. Create Collaborative Oversight Structure
10. Future -Focused
V. RECOMMENDED NEXT STEPS & TIMETABLE
Based on discussions with the Town's community partners, the Welcome Centers/Host
Program present opportunities for an expansion of services as well as greater utilization
of the spaces. Numerous suggestions have been forwarded and present opportunities
for additional exploration, partnership and expertise. Given the breadth of ideas and
possibilities, staff recommends a Request for Proposals process be used to direct the
future operations of the Welcome Centers/Host Programs. The proposed schedule is as
follows:
• May 17, 2016 — Request for Proposals issued
• May 17 to May 31, 2016 — Interested parties invited to schedule a tour of the
facilities with an opportunity to ask questions of the contract administrator and
other Town personnel
• June 1, 2016 — Deadline for contractors to confirm participation in the proposal
process
• July 1, 2016 — Submission deadline for proposals
• July 8, 2016 — Finalists notified of advancement to next phase
Town of Vail Page 4
May 17, 2016 - Page 158 of 21 E
• July 19, 2016 — Finalists interviewed by Town Council with selection of contractor
• October 1, 2016 — Start date for new service contract
VI. ACTION REQUESTED OF TOWN COUNCIL
Staff requests the following direction from the Town Council:
• Adopt and/or modify the10 partner -driven goals to be incorporated into future
operations of the Vail Village and Lionshead Welcome Centers and Community
Host Program beginning October 1, 2016:
1. Provide More Opportunities for Proactive Communications and Dynamic
Engagement with Guests
2. Greater Emphasis on Seamless Guest Experience — Full Service, One -
Stop Shop, Activity Center
3. Maximize Opportunities for Guest Data Collection & Other Metrics
4. Ongoing Audit of Guest Impressions w/ Associated Refinements
5. Greater Utilization of Space to add Additional Guest Comforts,
Conveniences, Social Interaction, Activity Portal
6. Greater Utilization of Existing Elements
7. Increase Programming of Space to Draw Participation by Community
Members
8. Commit to Guest Service Personnel as Industry Leaders
9. Create Collaborative Oversight Structure
10. Future -Focused
Direct staff to initiate a Request for Proposals process to direct future operations
of the Welcome Centers/Host Program according to the timetable presented.
Define the recommended role of the Town Council regarding operation of the
Welcome Centers/Host Program to include interviews of RFP finalists and a
selection decision on July 19, 2016.
VII. ATTACHMENTS
Exhibit A — Brainstormed List of Ideas for Future Operation of the Welcome
Centers/Host Program
Exhibit B — Welcome Center/Information Center Models
Exhibit C — Update on Town -run Model
Exhibit D — Visitor Profile Snapshot, Winter & Summer
Town of Vail Page 5
May 17, 2016 - Page 159 of 218
EXHIBIT A — BRAINSTORMED LIST OF IDEAS FOR FUTURE OPERATION OF THE
WELCOME CENTERS/HOST PROGRAM
1. Provide More Opportunities for Proactive Communications and Dynamic
Engagement with Guests
• First-time guests have lower NPS scores than repeat guests — find ways to
reach out to first-time guests with differentiation
• Host regular "Welcome/Orientation Receptions" in the spaces for high -touch
guests; include a walking tour as component — involve vendor
displays/products, concierge groups. Use blow up of town map to show points
of interest. Have speakers describe all the things you can do while here.
Provide on-site booking opportunities for activities. Offer door prizes, light
refreshments.
• Promotion of messages, events
• Explore proactive "Welcome to Vail" text message greeting upon guest check-
in - "let's meet them where they are" (being tested in Seattle)
• Integrate Resort App push notifications with Welcome Centers
• Greater tie in with variable message signs
2. Greater Emphasis on Seamless Guest Experience - Full -Service, One -Stop
Shop
• Focus on seamless experience — repurpose as full-service, guest -centric
activity centers. What is the possibility of expanded partnerships and
services:
o Concierge booking service hub
o Vail Resorts — On mountain products winter and summer
o USFS — Hiking and Biking Center
o Ski Museum — Coordination of operating hours to expand guest
services presence
o Vail Chamber & Business Association — Coordination of operating
hours to expand guest services presence
o Vail Recreation District ?
o Walking Mountains Science Center ?
o Art in Public Places ?
o Betty Ford Alpine Gardens ?
o Ticket outlet for Bravo! etc.
o Activity center for hiking, flowers, wildlife viewing, historical, art tour
and exhibits
3. Maximize Opportunities for Guest Data Collection & Other Metrics
• "These are our sales centers."
• Creation of demographic profiles in all seasons
• Building database via collaboration with partners
• Develop goals for contributing to improvement of NPS scores for first-time
visitors
May 17, 2016 - Page 160 of 218
• Use data to measure effectiveness of Welcome Centers, grow incremental
business
4. Ongoing Audit of Guest Impressions w/ Associated Refinements
• First impression of space should represent Vail's brand, personality,
international aspect
• New furniture, layout of LH lodge space ?
• Does Vail Village Welcome Center need to be a waiting room for shuttles ?
• Centers appear to be stark and cold; warm them up visually to be more
inviting — introduce gift shop element, food, etc.
• Have interior of centers professionally photographed for marketing purposes
• Revisit pull -off area on South Frontage Road in front of Vail Village Welcome
Center
5. Greater Utilization of Space to add Additional Guest Comforts,
Conveniences, Social Interaction, Activity Portal
• Addition of self -serve phone charging stations
• Money exchange
• Creation of a "business center" with access to printers for airline tickets, etc.
• Creation of a "business center" for locals
• Concierge services for vacation property rentals
• Condo front desk for check in/concierge
• Coffee and/or food cart
• Addition of sundries — mints, gum, antacids, water, aspirin, chapstick,
sunscreen, granola bars, nuts
• Valet parking service
• Increased programming of space in LH (exhibits, food tastings, demos, live
music, entertainment)
• Introduce 3-D model of hiking trails
• Key for storage lockers at desk, not self -serve
• More seating
• Reading materials
• Facilities appear to be underperforming; example - Eagle Visitor Center
captures 40K to 45K visitors a year
• Satellite kiosks
• Tutorial interactive map
• Large display panel of town walking map
• Greater promotion of events
• Material on what you can do 1,2,3 days in Vail ?
• Lost and found
• Meeting place for families
6. Greater Utilization of Existing Elements
• Longer operating hours for restrooms (earlier openings)
• More live streaming of events and activities of guest/community interest
May 17, 2016 - Page 161 of 218
• Virtual realty demos on media wall (LH)
• GoPro footage collected from guests "premiered" daily on media wall (LH)
• Video game contests on media wall (LH)
• Resort App partnership, related signage
• Social media strategy with partners; define role
• Add kiosk/display on energy savings systems
• Greater opportunities to provide assistance during 1-70 closures
• Greater clarity regarding availability of free brochure distribution for Vail
businesses
7. Increase Programming of Space to Draw Participation by Community
Members
• Parking pass sales
• Satellite Library Community Room Function (LH)
• Library Book Drop locations
• Continued distribution of reusable bags
• Venue for open houses, receptions (LH)
8. Commit to Guest Service Personnel as Industry Leaders
• What are the benchmarks in creating the best guest service program in the
industry?
• Hire highly motivated employees who seek a guest service career
• Recruit good, committed talent that fits the Vail brand
• Guest service training community wide coordination
• Partner with a university for guest service internships
• Meet and greet sessions for new employees, new residents
• Incubator for young professionals (ex.: Joel Health, Mike Griffin, Katie
Barnes)
• Increase staffing coverage at Welcome Centers and operating hours
• Create a culture where Hosts are 100% engaged, empowered, informed and
energetic — there's a waiting list to participate
• Revisit compensation for Hosts
• Expand presence of Hosts to other areas of town for greater visibility and
interaction
• Have Hosts carry IPads, menus
• Consolidate TOV and Vail Mountain hosts
9. Create Collaborative Oversight Structure
• Create a Board of Directors structure for greater oversight, accountability
• Consider different uses/function for each of the 2 facilities
• What are the opportunities to feed in more directly with VLMD, CSE ?
• Research other high performing visitor centers and their models
10. Future -Focused
• What does the future look like for Welcome Centers in 5 years?
May 17, 2016 - Page 162 of 218
How will Vail take a leadership position?
May 17, 2016 - Page 163 of 21 E
EXHIBIT B — WELCOME CENTER OPERATIONAL MODELS & BENCHMARKS
I. BACKGROUND
Since the 1980s, the Town of Vail has provided funding and facilities to facilitate the
operation of information/welcome centers in Vail Village and later Lionshead in its role
to stimulate economic vitality and prosperity for Vail businesses and to enhance the
overall guest experience. Since 2011, the town has invested more than $9.2 million in
construction of a new 1,800 -square -foot space in Lionshead (replacing the former
facility on South Frontage Road) and renovation of the space on the top deck of the Vail
Transportation Center to include adjoining restrooms. Since their creation, day-to-day
operations have taken one of two forms: 1) non-profit operator via Vail Resort
Association and later Vail Valley Chamber & Tourism Bureau; and 2) for-profit,
independent operator. In benchmarking operational structures represented in other
resort communities, there are two additional operational models in use. The four
structures are summarized below, including strengths and weaknesses.
II. WELCOME CENTER OPERATIONAL MODEL STRUCTURES
1. Service Contract with For -Profit Independent Operator - Vail Info, Inc.
The current service contract for day-to-day operation of the Welcome Centers in
Vail Village and Lionshead was entered into in October 2013 and expires on
September 30, 2016. Vail Info, Inc. has been operating the centers since October
2005 after being selected during competitive bid processes in 2005 and 2013.
The town's 2016 service contract with Vail Info, Inc. is $271,137, plus $22,203 for
management of the Community Host program. An additional $40,000 has been
budgeted for the volunteer benefits package and related programming. This
contract is managed at the staff level by the communications department in
concert with other supporting departments, including public works, economic
development, information technology and police. The existing service contract
ends on September 30, 2016.
For -Profit Independent Operator Model
Strengths
• Singular focus on day-to-day operations, dependability
• Profit -driven opportunity for small business owner
• Nimble, rapid response
• Fixed costs
• Low risk, status quo
Weaknesses
Reactionary, minimal strategic focus
Self-serving
May 17, 2016 - Page 164 of 218
• Minimal accountability due to independent autonomy
• Little incentive or motivation for innovation or new programming
• Lack of technology expertise, bench strength
• Limited promotional/professional opportunities, seasonal employment
status, no benefits
• Perceived favoritism and/or conflicting priorities for business relationships
via side businesses
• Low risk, status quo
2. Service Contract with Non -Profit Chamber Operator — Vail Valley Chamber
& Tourism Bureau
For many years prior to 2005, the Welcome/Information Centers were operated
by the Vail Valley Chamber & Tourism Bureau, now known as the Vail Valley
Partnership. The VVCTB and the Vail Chamber and Business Association both
competed for the operational contract in 2005. This contact was ultimately
awarded to Vail Info Inc. During the next bid process in 2013, the Vail Chamber
and Business Association submitted an operational proposal while the Vail Valley
Partnership declined. In 2013 the bid was again awarded to Vail Info Inc. for a
three-year term by a split vote of the Town Council after reviewing the findings of
an independent review panel which recommended selection of a competing bid
under another for-profit, independent operating model.
Non -Profit Operator Model
Strengths
• Strategic focus, opportunistic, proactive approach
• Program, innovation -driven
• Collaborative
• Driven by goals, metrics
• Expanded accountability
• Staff development, bench strength capacity
Weaknesses
• Blending resources, costs
• Competing roles and priorities
• Less nimble for rapid response
• Learning curve
• Perceived favoritism
3. Town of Vail -Managed
A town -managed model was researched by a Town Council -staff working group
in 2012. As presented, the scenario included redirecting contractual dollars
toward employment of a manager, seasonal employees and volunteers under the
auspices of the Town of Vail. While not pursued at the time, this structure is
similar to management of the Vail Local Marketing District contract which was
May 17, 2016 - Page 165 of 21 E
reassigned from the Vail Valley Chamber & Tourism Bureau to the Town of Vail
via creation of the Economic Development Office in 2007. (See Exhibit B for
details).
Town of Vail -Managed Model
Strengths
• Aligned with Town of Vail vision and goals, including customer focus and
purpose
• Compliments infrastructure investment on behalf of the town
• Provides direct control of all policies, operations, strategies, training and
personnel
• Driven by goals, metrics in collaboration with Economic Development
Office
• Consolidation of town services to include parking pass sales possibility
• Staff development, bench strength capacity, access to leadership training
• On-site technology expertise and expansion in technology services
• Government operation allows expanded use of volunteers
Weaknesses
• Adds to town's headcount
• Possible increased costs due to benefits, depending on use of volunteers
• Service level creep (Is this the role of government?)
• Learning curve
• Loss of small business opportunity
4. Joint Partnerships
This model would be somewhat of a hybrid of the structures listed above. In this
scenario, formal partnership agreements would be created with a blend of for-
profit and non-profit organizations that would collectively fund and operate the
centers. Potential operational partners include: Vail Info Inc., Town of Vail, Vail
Chamber & Business Association, Vail Valley Partnership, U.S. Forest Service,
Vail Resorts, Colorado Tourism Office, Eagle County, ECO Transit & Trails,
Colorado Mountain College and others.
Partnership -Managed Model
Strengths
• Strategic focus, forward -thinking
• Guest -centric (one-stop shop for pass products, parking)
• Inclusiveness
• Comprehensive programming opportunities
• Shared resources (staffing & financial)
• Staff development, bench strength capacity
May 17, 2016 - Page 166 of 21 E
• On-site technology expertise and expansion in technology services
• Build cross-organization/community relationships
• Higher risk with potential for greater return
Weaknesses
• Perceived political agendas
• Multiple roles
• Possible accountability disagreements
• Possible gaps in funding & partnership continuity
• Learning curve
• Higher risk
III. WELCOME CENTER BENCHMARK COMPARISONS — BEST PRACTICES
The current structure for operation of the Welcome Centers in Vail is unique when
compared with other resort communities, as illustrated by the chart below. There are ten
communities utilizing a chamber/tourism-run structure, four communities use city/town-
managed departments and two communities utilize a joint partnership structure. Vail is
the only resort community among those surveyed that utilizes a service contract with a
for-profit independent operator, an arrangement that has been in place for the past ten
years.
Resort
For -Profit
Non -Profit
Town/City
Joint
Community
Independent
Operator
Operator
Partnership
Operator
Operator
Aspen
Aspen Chamber
Resort Association
Breckenridge
Breckenridge
Tourism Office
Crested
Crested Butte
Butte
Chamber of
Commerce
Durango
Durango Area
Tourism Office
Estes Park
Community
Services
Department (also
includes Estes
Park Event
Center and
Special Events &
Fairground)
May 17, 2016 - Page 167 of 21 E
Resort
For -Profit
Non -Profit
Town/City
Joint
Community
Independent
Operator
Operator
Partnership
Operator
Operator
Frisco-
Frisco Marketing
Copper
& Special Events
Department
(includes $30K
annually from
Copper
Mountain)
Georgetown
Georgetown Trust
for Conservation
and Preservation
Glenwood
Glenwood Springs
Springs
Chamber Resort
Association
Grand
City -run Grand
Junction
Junction Visitor &
Convention
Bureau (1 city
staff, plus
volunteers)
Jackson
U.S. Fish &
Hole
Wildlife,
Wyoming
Game and Fish
Department,
Jackson Hole
Chamber of
Commerce,
Bridger -Teton
National Forest,
Grand Teton
Association
Silverthorne
Public-private
partnership w/
Colorado
Tourism Office
and Craig
Realty Group
(private partner
pays all hard
costs
May 17, 2016 - Page 168 of 21 E
Resort
For -Profit
Non -Profit
Town/City
Joint
Community
Independent
Operator
Operator
Partnership
Operator
Operator
Snowmass
Town -run
Village
Snowmass
Village Marketing
Department
Steamboat
Steamboat Springs
Springs
Chamber Resort
Association
Telluride
Telluride Tourism
Board
Whistler
Tourism Whistler
Winter Park
Winter Park Fraser
Chamber of
Commerce
Vail
Vail Info, Inc.
May 17, 2016 - Page 169 of 21 E
EXHIBIT C — UPDATE ON TOWN -RUN MODEL
Welcome Center Staffing Costs and Efficiency Options
Estimated 2016 Staffing Costs prepared by Human Resources
Position
EE Count
Annual Salary
Total Comp
Supervisor / Manager
1
$65,000
$90,545
Agents (Fulltime / Year-round)
2
$40,000
$111,440
Winter Agent ( PT / 5-6 months)
2
$6,000
$13,200
Summer Agent (PT / 3 months)
4
$3,600
$15,840
Total Expense
9
$171,400
$231,025
This model assumes 10 — 20 hours per week on desk by the Manager/Supervisor.
Efficiency ideas (presented to Town Council in 2005)
• Increased use of volunteers to supplement FT visitor center staff.
o Saving an estimated $40k annually.
• Evaluate peak hours of other TOV functions (parking pass sales, parking hosts,
etc.) Utilize these staff during non -peak parking for visitor center functions.
o Savings estimated at reduction in 1 to 2 seasonal positions
• Combine parking sales with visitor center operations and cross train all staff for
both functions.
o Savings estimated at reduction in 1 seasonal position
• Eliminate on-site visitor center manager — combine with other management
function under parking/marketing/comm info/umbrella director (CSE/VLMD/Conf
Ctr/Donovan/... )
o Estimated savings $25k
• Centralize all TOV "sales" functions in one location
o Increase in sales revenue by high traffic impulse buys
o Savings estimated of 1 seasonal position
• If office space next door (reservations office) is utilized by TOV, staffing levels
during non -peak visitor hours can be reduced with supplemental staff available
from the office if necessary.
o If staff reduction, saving estimated at 1 seasonal position
o If maintain staffing, provides increase in customer service levels during
peak hours.
May 17, 2016 - Page 170 of 21 E
EXHIBIT D — VISITOR PROFILE SNAPSHOT, WINTER & SUMMER
Supplied by Vail Info Inc.*
WINTER
Where are you from?
Domestic: All over: CO, IL, TX, FL, LA, NY, NJ, PA, MN, MI, WI, AZ, CA, MA, OH, NC,
GA
International: Mexico, South America, Australia, UK, France, Germany,
What brought you to Vail?
Ski vacation
Daytrippers from Front Range not Skiing
Out of state visitors staying in Breckenridge/Summit Cty/Beaver Creek taking a day to
ski Vail
Passing by on 1-70 and seeing signs for Vail and deciding to visit the town they've heard
so much about
Festivals: SnowDaze, Spring Back to Vail, Film Festival
Second homeowners
Looking for gas station
What brought you to Welcome Center?
Gen'I wayfinding/info gathering (Vail)
Restrooms
Awaiting shuttle/bus departures/arrivals
Restaurant Recommendations
Looking for parking information (especially free parking)
Bus information: TOV (outlying and in -town), ECO, Greyhound, Bustang, CME, Peak 1
Gen'I wayfinding/info gathering (State)
Activity suggestions. People especially looking for non-skiing/kid activities
Updates on road conditions (particularly during inclement winter days)
Information on lodging
Picking up collateral
Place to wait for friends/family
Purchasing water
Obtaining "Get out of Jail" cards
Looking for suggestions for venues for family reunions/weddings
Purchasing stamps/mailing letters
Property managers picking up literature to put in rental units
Obtaining info on Activities
How long will you be staying in Vail?
Couple of hours to a full day
1 week
What people do after visiting Welcome Center?
May 17, 2016 - Page 171 of 21E
Head to slopes
Shop/dine in town
Ice skating
Tubing/Adventure Ridge
Continue on their trip
Check-in to their lodges/condos
Things people were expecting that aren't in Welcome Center?
Info for elsewhere in the state
Souvenirs
SUMMER
Where are you from?
Domestic: All over, but a lot from: CO, TX, FL, LA, NY, NJ, PA, MN, MI, WI, AZ, CA,
MA, OH, NC, GA, UT, MS, MO
International: Canada, China, India, Scandinavia, UK, France, Japan, Eastern Europe
What brought you to Vail?
Vail is a stop on bus tour
Summer vacation
Out of state visitors staying in Breckenridge/Summit Cty/Beaver Creek taking a day to
explore Vail
On cross-country trip and stopping to explore Vail/Passing by on 1-70 and deciding to
visit the town.
Daytrippers from Front Range
Attending wedding/family reunion
Festivals: Bravo, Dance, Jazz, Mtn Games, etc
Second home
Farmers' Market
Free Tues night concerts
Looking for gas station
Mountain Biking/hiking
What brought you to Welcome Center?
Gen'l wayfinding/info gathering
Awaiting shuttle/bus departures/arrivals
Gen'l orientation as to layout of the town
Restrooms
Place to wait for friends/family
Directions to specific lodges/restaurants
Obtaining state, town & hiking maps
Bus information: TOV (outlying and in -town), ECO, Greyhound, CME, Peak 1
Activity suggestions (People want to know what there is to do in a ski resort in the
summer)
Tired travelers looking for last minute lodging deals
Picking up literature for future visits
Looking for suggestions for venues for family reunions/weddings
May 17, 2016 - Page 172 of 21E
Picking up collateral for gift/welcome baskets
Looking for parking information (especially free parking)
Purchasing water
Picking up literature on Activities
Looking for information on camping
Looking for information on RV parking & campgrounds
Purchasing stamps/mailing letters
Property managers picking up literature to put in rental units
Update on Sunday traffic conditions
How long will you be staying in Vail?
Couple of hours to a full day
1 week
What people do after visiting Welcome Center?
Dine in Town
Shop in Town
Go to Betty Ford Alpine Gardens
Hiking
Check-in to their lodges/condos
Attend festivals (Farmers' Mkt, Bravo, Hot Summer Nights, etc.)
On Mtn Activities
Mountain Biking
Continue on their trip
Things people were expecting that aren't in Welcome Center?
Info for elsewhere in CO and neighboring states (especially the national parks)
Souvenirs
*The vision and goal of the Vail Welcome Center and TOV Host program is to provide
excellent, accurate, timely and personalized information to guests and residents to help
enhance their experience in Vail and to communicate with various departments in TOV
and Vail Resorts to ensure receipt/dissemination of accurate information with the end
goal being for the benefit of all of the TOV business community.
May 17, 2016 - Page 173 of 21 E
TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 10, Series of 2016, First Reading, An Ordinance Amending
Chapter 7 of Title 5 of the Vail Town Code Concerning the Liability for Costs Associated with the
Town's Provision of Fire Protection Services to Properties Located Outside Town Boundaries
PRESENTER(S): Mark Novak, Fire Chief
ACTION REQUESTED OF COUNCIL: Approve, amend or deny Ordinance No. 10, Series of
2016 on first reading.
BACKGROUND: This ordinance will amend existing Town Code to clarify specific issues related
to providing emergency services to parties outside the municipal limits of the Town of Vail.
STAFF RECOMMENDATION: Approve Ordinance No. 10, Series of 2016 on first reading.
ATTACHMENTS:
Description
Memo regarding Ordinance No. 10, Series of 2016
Ordinance No. 10, Series of 2016
May 17, 2016 - Page 174 of 21 E
TOWN OF
Memorandum
To:
From:
Date:
Subject
Town Council
Mark Novak, Fire Chief
May 17, 2016
Ordinance No. 10, Series of 2016
Background
During the April 20, 2016 Town Council meeting, staff delivered a presentation regarding fire
department response to areas outside the Town of Vail municipal boundaries. In the process of
preparing for this presentation, the Town Attorney identified several provisions within Chapter 7
of Title 5 of the Vail Town Code that required clarification. Ordinance No. 10 Series of 2016
provides such clarification.
Notable changes to Chapter 7 of Title 5 of the Town of Vail Code proposed in Ordinance No. 10
are:
5-7-2 (A) Clarifies that requests for service in areas outside the municipal limits of the Town of
Vail do not necessarily originate with the Eagle County Sheriff
5-7-2 (D) Clarifies billing procedures and liability for payment for response to properties outside
the municipal limits of the Town of Vail.
Staff will submit a separate resolution amending the current fee structure for response to
properties out of the municipal boundaries of the Town of Vail at the June 7, 2016 Town Council
meeting.
Action Requested of Council
Approve, deny or modify Ordinance No. 10, Series of 2016 on first reading.
May 17, 2016 - Page 175 of 21E
ORDINANCE NO. 10
SERIES 2016
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 5 OF THE VAIL
TOWN CODE CONCERNING COSTS ASSOCIATED WITH THE
TOWN'S PROVISION OF FIRE PROTECTION SERVICES TO
PROPERTIES LOCATED OUTSIDE TOWN BOUNDARIES
WHEREAS, the Town's Fire Department provides fire protection services to
properties located outside its municipal boundaries; and
WHEREAS, the Town desires to clarify the responsibility for the costs associated
with the provision of fire protection services to properties outside its municipal
boundaries.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 5-7-1 of the Vail Town Code hereby is amended to read as
follows:
5-7-1: PREAMBLE PURPOSE:
The Town Council finds and determines that it would be of benefit to the
Town as well as to the areas outside the Town of Vail boundary kRown as
West Vail to continue providing fire protection services to these areas
known as West Van! under the conditions set forth in this Chapter, because
ire that provision of such services would protect property located within
West Van! area outside the Town and would also help prevent the spread
of any fire frern the West it area into the Town itself.
Section 2. Section 5-7-2 of the Vail Town Code is hereby amended to read as
follows:
5-7-2: SERVICES FEES OUTSIDE TOWN BOUNDARIES; FEES LIMITS:
A. Response Set By Town Council- The Town Fire Department shall
respond to requests for fire protection services out of the Town's
boundaries Vis. Because the Town operates the dispatch for
emergency and fire services for Eagle County, the Eagle County Sheriff is
not required to request that the Town respond to fires outside the Town's
boundaries.
B. Alternative Optional Fees: As an alternative option to the fee
schedule set forth in subsection C below, the Town may enter into
contracts with property owners, homeowners' associations or tenants for
the who ove—/' outside
of Town l;rr„+s fie—provision of fire protection
services outsideQ the Town's boundaries. When such a service contract is
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in place, the fees for fire protection services shall be as stated in such
service contract, and no additional fees or costs shall be charged for a
response to a request for fire protection services.
C. Fees: The fees for provision of fire protection services outside
Town boundaries without a service contract Fees FefeFred toOn
s b68Gtiens A and R abode shall be as currently adopted by the Town
Council and shall be set forth on the schedule of fees maintained in the
Fire Department.
D. Liability: If a property is not subject to a service contract for fire
protection services as described in subsection 8 hereof, and the Town
Fire Department responds to a request, the Town may seek
reimbursement from the property owner(s) and/or any party benefited by
such fire protection services, as determined by the Fire Chief in his or her
sole discretion, for the actual costs incurred by the Town in the provision
of such fire protection services. The party benefiting from the fire
protection services and the property owner(s) shall be jointly and severally
liable for such costs. Any such costs, if unpaid, may be certified to the
Eagle County Treasurer as a first and prior lien on any associated real
property.
Section 3. If any part, section, subsection, sentence, clause, or phrase of this
ordinance for any reason is held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares that it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of any one or more parts, sections, subsections,
sentences, clauses, or phrases being declared invalid.
Section 4. The Town Council hereby finds, determines, and declares that this
ordinance is necessary and proper for the health, safety, and welfare of the Town and
the inhabitants thereof.
Section 5. The amendment of any provision of the Vail Town Code, as
provided in this ordinance, shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 6. All bylaws, orders, resolutions, and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repeal
shall not be construed to revise any bylaw, order, resolution, or ordinance, or part
thereof, theretofore repealed.
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INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this day of May, 2016 and a
public hearing for second reading of this Ordinance is set for the day of
, 2016, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of )2016.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
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TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: The owner of the multi -use Vista Bahn Building, located at 298 Hanson Ranch
Road, requests permission to proceed through the Conditional Use Permit process for an outdoor
patio on Town of Vail property in the Commercial Core I (CC1) Zone District. The Vail Town Code
refers to outdoor dining/seating as "Outdoor Patio" in reference to permitted and conditional uses
in the Commercial Core I (CC1) Zone District.
PRESENTER(S): Jonathan Spence, Planner
ACTION REQUESTED OF COUNCIL: The Community Development Department requests that
the Town Council evaluate the proposal to utilize Town of Vail property for the purposes of an
outdoor patio. This utilization of Town of Vail property would be subject to the terms of a revocable
ROW permit and lease agreement and could be discontinued and removed if required to do so.
BACKGROUND: The Vail Village Design Considerations recognize outdoor patios as a potential
positive contributing factor in the creation of a strong streetscape framework.
STAFF RECOMMENDATION: The Community Development Department requests that the Vail
Town Council instructs Town Staff to either:
1. Sign the development application on behalf of the property owner and permit the project to
proceed through the development review process for the proposed outdoor patio.
2. Deny the request to proceed and require the applicant to amend the plans prior to review by
the Planning and Environmental Commission and Design Review Board to exclude any
portions of the Town of Vail ROW.
ATTACHMENTS:
Description
Staff Memorandum
A. Aerial of area proposed for outdoor patios in the vicinity of 298 Hanson Ranch Road
B. Proposed site plan and property photos
May 17, 2016 - Page 179 of 21 E
TOWS! OF
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: May 17, 2016
SUBJECT: Outdoor Patio in the Vicinity of 298 Hanson Ranch Road, Permission to Proceed
I. DESCRIPTION OF REQUEST
The owner of the multi -use Vista Bahn Building, located at 298 Hanson Ranch Road,
requests permission to proceed through the Conditional Use Permit process for an
outdoor patio on Town of Vail property in the Commercial Core I (CC1) Zone District.
The applicant requests permission to proceed through the Planning and
Environmental Commission and Design Review Board processes and, if approved,
enter into revocable permit agreement and lease agreement with the Town of Vail for
an outdoor patio. The Vail Town Code refers to outdoor dining/seating as "Outdoor
Patio" in reference to permitted and conditional uses in the Commercial Core I (CC1)
Zone District. The outdoor patio would be used by the 2nd floor restaurant formerly
known as Solantro's.
It should be noted that the Vail Town Council is not being asked to approve the
outdoor patio, its location or design, but rather to authorize the applicant to move
forward with a planning application that utilizes town owned property for commercial
uses.
II. BACKGROUND
The Vail Village Design Considerations recognize outdoor patios as a potential
positive contributing factor in the creation of a strong streetscape framework. Per the
Vail Village Urban Design Guide Plan:
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.
Because of the property line location in close proximity to the building, the applicants
are requesting the use of Town of Vail property for an outdoor patio. Please refer to
the aerial plan included as Attachment A and a site plan/photos included as
May 17, 2016 - Page 180 of 218
Attachment B. The project is anticipated to be seen by the Planning and
Environmental Commission on May 23, 2016.
III. ACTION REQUESTED
The Community Development Department requests that the Town Council evaluate the
proposal to utilize Town of Vail property for the purposes of an outdoor patio. This
utilization of Town of Vail property would be subject to the terms of a revocable ROW
permit and lease agreement and could be discontinued and removed if required to do
so.
The Community Development Department requests that the Vail Town Council instructs
Town Staff to either:
Sign the development application on behalf of the property owner and
permit the project to proceed through the development review process for
the proposed outdoor patio.
2. Deny the request to proceed and require the applicant to amend the plans
prior to review by the Planning and Environmental Commission and
Design Review Board to exclude any portions of the Town of Vail ROW.
What option does the Town Council wish to choose in regard to the proposed outdoor
patio in the vicinity of 298 Hanson Ranch Road?
IV. ATTACHMENTS
A. Aerial of area proposed for outdoor patios in the vicinity of 298 Hanson
Ranch Road
B. Proposed site plan and property photos
Town of Vail Page 2
May 17, 2016 - Page 181 of 21 E
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TOWN OF VAIP
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: The applicant Karja LLC, represented by Bill Nutkins, AIA, NDG Architects,
Inc, requests an appeal of the final decision of the Town of Vail Planning and Environmental
Commission denying a request for a variance to allow for the construction of a trash enclosure
within the front setback for the property located at 265 Forest Road.
PRESENTER(S): Matt Panfil, Planner
ACTION REQUESTED OF COUNCIL: Uphold, uphold with modifications, or overturn the
Planning and Environmental Commission decision.
BACKGROUND: Based on the existing topography of the site and the lack of a reasonable
alternative location for a trash enclosure, the applicant requests an appeal of the Planning and
Environment Commission decision.
STAFF RECOMMENDATION: The Planning and Environmental Commission recommends the
Town Council uphold their decision to deny the requested front setback variance.
ATTACHMENTS:
Description
Town Council Memo
Applicant Appeal and Narrative
Staff Memo to PEC
Applicant's Site Plan & Elevations
April 11, 2016 PEC Meeting Results
May 17, 2016 - Page 184 of 21 E
TOWN OF
0) VAIL
Memorandum
TO: Vail Town Council
FROM: Community Development Department
DATE: May 17, 2016
SUBJECT: A request for an appeal pursuant to Section 12-3-3, Appeals, Vail Town Code, of
the final decision of the Town of Vail Planning and Environmental Commission
denying a request for a variance from Section 12-6D-6 Setbacks, Vail Town
Code, to allow for the construction of a trash enclosure within the front setback,
located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing 1, and setting
forth details in regard thereto. (TC16-0003)
Applicant: Karja LLC, represented by Bill Nutkins, AIA, NDG Architecture, Inc.
Planner: Matt Panfil
SUBJECT PROPERTY
The subject property is located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing
(Attachment A). The property is located within the Two -Family Primary / Secondary
Residential (PS) District. The existing single-family home was built in 2003. Due to the
steep topography of the site, the property is accessed via a curving and descending
driveway which leads to a motor court and attached three (3) car garage. A two-tier
eight foot three inch (8' 3") tall stone retaining wall separates the driveway from Forest
Road.
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1, Appeal of Planning and Environmental Commission
Decisions; Authority, Vail Town Code, the Town Council shall have the authority to
hear and decide appeals from any decision, determination or interpretation by the
Planning and Environmental Commission 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 Sections 12-3-3C-2 and 12-3-3C-3, Appeal of Planning and Environmental
Commission Decisions; Initiation and Procedures, Vail Town Code, there are three (3)
basic procedural criteria for an appeal:
A. Standing of the Appellants:
May 17, 2016 - Page 185 of 21 E
Pursuant to Section 12-3-3C-2, Initiation, Vail Town Code, an appeal may be
initiated by an applicant, adjacent property owner, or any aggrieved or adversely
affected person from any order, decision, determination or interpretation by the
Planning and Environmental Commission. The appeal has been initiated by the
applicant who was denied a requested variance by the Planning and
Environmental Commission on April 11, 2016.
B. Adequacy of the Notice of the Appeal:
A copy of the Public Notice of the Vail Town Council, May 17, 2016 public
hearing was sent to the local newspaper on April 27, 2016 and published on April
29, 2016 pursuant to Section 12-3-3C-3, Procedures, Vail Town Code.
C. Timeliness of the Notice of Appeal:
Pursuant to Section 12-3-3C-2, Procedures, Vail Town Code, a written notice of
appeal was filed by the applicant on April 26, 2016, within twenty (20) calendar
days of the Planning and Environmental Commission's decision.
klf 411 Ji I Ji /_1:x'1
In their denial of the variance request, the Planning and Environmental Commission
found:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary / Secondary Residential District;
2. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation
will not result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of Title 12, Zoning Regulations, Vail Town
Code;
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that does not apply generally to
other properties in the Two -Family Primary / Secondary Residential
District; and
c. The strict interpretation or enforcement of the specified regulation will not
deprive the applicant of privileges enjoyed by the by the owners of other
properties in the Two -Family Primary / Secondary Residential District.
(Attachment B)
Town of Vail Page 2
May 17, 2016 - Page 186 of 218
The question to be answered by the Vail Town Council regarding this appeal is:
Were the requirements of the Vail Town Code, specifically Title 12, Chapter 17,
Variances, properly applied in denying the request for a variance from Section 12-6D-6
Setbacks, to allow for the construction of a trash enclosure within the front setback?
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Planning and Environmental
Commission's April 11, 2016 decision.
V. BACKGROUND
The applicant, Karja LLC, represented by Bill Nutkins, AIA, NDG Architecture, Inc.,
submitted an application for a Variance Request for review by the Planning and
Environmental Commission for a variance from Section 12-6D-6, Setbacks, Vail Town
Code to allow for the construction of a trash enclosure within the required front setback
area (Attachment C).
Per Section 12-2-2, Vail Town Code, a structure is defined as, "anything constructed or
erected with a fixed location on the ground, but not including poles, lines, cables, or
other transmission or distribution facilities of public utilities, or mailboxes or light
fixtures." Therefore, a trash enclosure is a structure by definition and is subject to the
required setbacks.
According to the applicant, other considered locations, such as the east and west side
of the garage, would be significantly more difficult to construct due to the topography of
the site. At these locations the finished grade of the garage is much higher than the
existing grade immediately adjacent to either side of the garage (Attachment D).
At its closest point, the trash enclosure would be five feet (5) from the front (southern)
property line. The trash enclosure would be approximately thirty-four (34) square feet in
area and nine feet three inches (9' 3") in height to the top of the gable. The gable would
extend above the top of the retaining wall by one (1) foot.
On April 11, 2016 the Planning and Environmental Commission reviewed the
application for the requested front yard setback variance. A component of this review
was a site visit to the subject property.
Based upon their review of the requested variance and applicable criteria in Section 12-
17-6, Vail Town Code, the Planning and Environmental Commission denied the
application based on the findings cited in Section IV and in Attachment B.
On April 26, 2016 the applicant filed an appeal for the Town Council to review the
Planning and Environmental Commission's decision to deny the requested variance.
VI. APPLICABLE DOCUMENTS
Town of Vail Page 3
May 17, 2016 - Page 187 of 218
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this appeal:
Title 12 — Zoning Regulations, Vail Town Code
Chapter 2, Definitions (in part)
BUILDING: Any structure having a roof supported by columns or walls, or any
other enclosed structure, for the housing or enclosure of persons, animals, or
property.
STRUCTURE: Anything constructed or erected with a fixed location on the
ground, but not including poles, lines, cables, or other transmission or distribution
facilities of public utilities, or mailboxes or light fixtures. At the discretion of the
design review board, swimming pools and tennis courts may be exempted from
this definition.
Chapter 6, Article D, Two -Family Primary / Secondary Residential (PS) District (in part)
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be
twenty feet (20), the minimum side setback shall be fifteen feet (15), and the
minimum rear setback shall be fifteen feet (15).
Chapter 17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and
enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate
vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
Title 14 — Development Standards and Guidelines, Vail Town Code
Chapter 10, Design Review Standards and Guidelines (in part)
14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS
A. Design of accessory structures upon a site shall be compatible with the
design and materials of the main structure or structures upon the site.
Town of Vail Page 4
May 17, 2016 - Page 188 of 218
B. Accessory buildings generally should be attached to the main building
either directly or by means of a continuous wall, fence or similar
feature of the same or a complementary material as the main building's
exterior finish.
E. Service areas, outdoor storage, and garbage storage shall be
screened from adjacent properties, structures, streets, and other public
areas by fences, berms, or landscaping.
F. Adequate trash storage areas shall be provided. There shall be year
round access to all trash storage areas which shall not be used for any
other purpose.
VII. SITE ANALYSIS
Address: 265 Forest Road
Legal Description: Lot 21, Block 7, Vail Village Filing 1
Zoning: Two -Family Primary / Secondary Residential (PS)
Land Use Designation: Low Density Residential
Mapped Geological Hazards: Steep Slopes > 40%
VII. SURROUNDING LAND USES AND ZONING
Town of Vail Page 5
May 17, 2016 - Page 189 of 218
05-
nan
Lot/Site Area
15,000 sq. ft.
23,935 sq. ft.
No Change
buildable area
Front: 20'
Front: 20'
Front: 5'
Front: -15'
Setbacks
Side: 15'
Side: N/A
Side: N/A
Side: N/A
Rear: 15'
Rear: N/A
Rear: N/A
Rear: N/A
Retention Wall
Flat Roof: 30'
8' 3'/4"
9' 3„
+11 %11
Height
Sloping Roof: 33'
(Retain. Wall)
(Trash Enc.)
Density
2 DUs per site
1 DU
No Change
GRFA
7,662 sq. ft.
7,451.5 sq. ft.
7,485.5 sq. ft.
+34 sq. ft.
Site Coverage
Max. 20% of total site
18.1%
18.2%
+ 34 sq. ft.
area (4,787 sq. ft.)
4,329 sq. ft.
4,363 sq. ft.
Landscaping
Min. 60% of total site
61.2%
61.0%
_ 34 sq. ft.
area (14,361 sq. ft.)
14,642 sq. ft.
14,608 sq. ft.
VII. SURROUNDING LAND USES AND ZONING
Town of Vail Page 5
May 17, 2016 - Page 189 of 218
IX.
Existing Use
North: Open Space
East: Low Density Residential
South: Low Density Residential
Zoning District
Natural Area Preservation
Single -Family & Two -Family
Primary / Secondary
Two -Family Primary / Secondary
West: Low Density Residential Two -Family Primary / Secondary
REQUIRED ACTION
Pursuant to Section 12-3-3, Appeals, Vail Town Code, the Vail Town Council shall
uphold, uphold with modifications, or overturn the Planning and Environmental
Commission decision.
Should the Vail Town Council choose to uphold the decision of the Town of Vail
Planning and Environmental Commission, the following motion is recommended:
"The Town Council upholds the decision of the Planning and Environmental
Commission to deny the application for a variance request for the construction of
a trash enclosure within the front setback located at 265 Forest Road/ Lot 21,
Block 7, Vail Village Filing 1."
With the following findings:
"The Vail Town Code was properly applied in regard to the Planning and
Environmental Commission denial of the requested variance associated with
application PEC 16-0012, and located at 265 Forest Road / Lot 21, Block 7, Vail
Village Filing I."
Should the Town Council choose to overturn the decision of the Planning and
Environmental Commission and issue its own decision, the following motion is
recommended:
"The Vail Town Council finds as follows:
The Vail Town Code was not properly applied in regard to the Planning and
Environmental Commission denial of the requested variance associated with
application PEC 16-0012, and located at 265 Forest Road / Lot 21, Block 7, Vail
Village Filing 1. Furthermore, the Vail Town Council finds that the objectives,
design guidelines, standards and conditions imposed by the requirements of Title
12 and Title 14 of the Vail Town Code have been met by the application.
Town of Vail
Page 6
May 17, 2016 - Page 190 of 218
The Town Council hereby overturns the decision of the Planning and
Environmental Commission concerning the application for a variance associated
with application PEC 16-0012, and located at 265 Forest Road/ Lot 21, Block 7,
Vail Village Filing 1, and that the Vail Town Council hereby grants the requested
variance, as originally submitted by the applicant to the Town of Vail."
XI. ATTACHMENTS
A. Vicinity Map
B. April 11, 2016 Planning & Environmental Commission meeting minutes
C. Site Plan & Elevations
D. Applicant Appeal & Narrative
E. Staff Memo to Planning & Environmental Commission, dated April 11, 2016
Town of Vail Page 7
May 17, 2016 - Page 191 of 21 E
TOWN OF VAIL
4111
Appeals Form
Department of Community Development
75 South Frontage Road
Vail, CO 81657
Tel: 970-479-2128
www.vailgov.com
Development Review Coordinator
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: Denial of variance to front yard setback for a trash enclosure.
Date of Action/Decision: April 11, 2016
Board or Staff person rendering action/decision: Planning and Environmental Commision
Does this appeal involve a specific parcel of land? F✓ Yes r_. No
If yes, are you an adjacent property owner? F_ Yes
Name (s) of Appellant (s): Bruce Robson - Karja LLC
FI No
Mailing Address: 3811 Turtle Creek Blvd. Suite 1320, Dallas, Tx 75219-4475
Phone:
Physical Address in Vail: 265 Forest Road, Vail, Colorado
Legal Description of Appellant (s) Property in Vail: Lot: 21 Block: 7 Subdivision: Vail village Filing 1
Digitally signed by Bill Nulkins
Appellant (s) Signature (s): I,OAA-k DN —Bill016Nulkins41 *ins DesignGo p,o .email=b ulkins(d Mg -in om, USDate: 201 fi.04.25 10:: 24:1 fi -06'00'
(Attach a list of signatures if more space is required.)
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.: --TN (V " oo o,�3
Planner: Project No:
May 17, M1@o-iRage 192 of 218
1\I F`1- r
ARCHITECTURE
APRIL 22, 2016
RE: 265 Forest Road, Vail, Colorado — Appeal to PEC Ruling of Variance Request
On behalf of Bruce Robson, Owner or 265 Forest Road, we would like to appeal the ruling by the
Planning & Environmental Commission denying the proposed variance of the front yard setback for the
use of a trash enclosure at the April 11, 2016 meeting.
Since purchasing the home in June 2015 Mr. Robson has become aware of the amount of space his
trash and recycling bins take up in his garage. Not being the original owner, Mr. Robson did not have
the opportunity to plan for this much needed space. Knowing the Town of Vail code allows for exterior
Trash Enclosures Mr. Robson enlisted Ric Fields of Fieldscape and me to perform an extensive review
to determine the least impactive location, both visually and construction activity, for the proposed trash
enclosure. Our determination came to the conclusion the best place for the enclosure would be tucked
into the existing tiered retaining wall of the motor court. In this location 70% of the structure is already in
place.
Alternate locations were reviewed, including the east side of the garage as well as the west side of the
garage. Placing the proposed enclosure in either of these locations would require a significant increase
in constructibility due to the nature of the floor level in relation to the existing grade below.
From a visual stand point to the surrounding neighbors, this location offers the most screening since it
will be partially burried into the hill side below the road. The enclosure would look like part of the
terraced walls while replicating the detailing of the home for the small roof and gated doors. From a
constructibility standpoint, less disturbance would be required to the overall site since the proposed
enclosure utilizes existing concrete structure or the retaining walls.
In summary we feel after reviewing the variance criteria and site limitations the south side of the motor
court within the existing terraced retaining walls is the most appropriate location. Based on the existing
site limitations and the above analysis of impact to the neighborhood, in this instance for this specific
property, we do not feel an approval would be granting a special privalige to the owner rather a solution
to the practical difficulties of the site limitations.
If you should have any questions please do not hesitate to contact me at (970) 471-0698 or
bnutkins(andg-inc.com .
Sincerely,
Bill Nutkins, AIA
NDG Architecture
PO Box 634
Edwards, CO 81632
May 17, 2016 - Page 193 of 21 E
TOWN OF
0) VAIL 't
Memorandum
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: April 11, 2016
SUBJECT: A request for a review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, in
accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow
for a variance to the required front setback for a trash enclosure, located at 265 Forest
Road / Lot 21, Block 7, Vail Village Filing 1, and setting forth details in regards thereto.
(PEC16-0012)
Applicant: Karja LLC, represented by Bill Nutkins, AIA, NDG Architecture, Inc.
Planner: Matt Panfil
I. SUMMARY:
The applicant, Karja LLC, represented by NDG Architecture, Inc., is requesting the review of a
variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17
Variances, Vail Town Code, to allow for a trash enclosure within the required front setback
area, located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing 1.
Based upon Staff's review of the criteria outlined in Section VII of this memorandum and the
evidence and testimony presented, the Community Development Department recommends
denial of the proposed front setback variance, subject to the findings noted in Section VIII of
this memorandum.
II. DESCRIPTION OF THE REQUEST:
The applicant, Karja LLC, represented by NDG Architecture, Inc., is requesting the review of a
variance from Section 12-6D-6, Setbacks, Vail Town Code, pursuant to Chapter 12-17
Variances, Vail Town Code, to allow for a trash enclosure within the required front setback
area, located at 265 Forest Road.
After purchasing the existing home at 265 Forest Road, the homeowner found the interior of
the existing garage to be an undesirable location to store their trash and recycling bins due to
the amount of space they occupy. Instead of storing bins within the garage, the homeowner is
proposing to construct a trash enclosure into the existing terraced retaining wall outside of the
garage and towards the front of the property.
May 17, 2016 - Page 194 of 21 E
The proposed trash enclosure is designed to blend into the terraced retaining walls but also
replicate architectural details from the existing home, such as a gabled roof, matching siding
and trim, decorative light, and doors that will match the existing garage doors.
At its closest point, the trash enclosure will be five feet (5) from the front (southern) property
line. The trash enclosure would be approximately thirty-four (34) square feet in area and
eleven feet three inches (11'3") in height to the top of the gable.
According to the applicant, the proposed location has the least potential visual impact to
surrounding neighbors because the trash enclosure will be partially buried into the side of the
hill.
A vicinity map (Attachment A), project narrative written by the applicant (Attachment B), and
the proposed plans (Attachment), are attached for reference.
III. BACKGROUND:
The existing single-family home was built in 2003. Due to the steep topography of the site, the
property is accessed via a curving and descending driveway which leads to a motor court and
attached three (3) car garage. A two-tier eight foot three inch (8'3") tall retaining wall
separates the driveway from Forest Road.
Previous improvements to the property since construction of the existing home include a 258
square foot addition to the existing GRFA in order to enclose a portion of a patio in 2009 and
multiple landscape modifications in 2009 and 2010.
IV. APPLICABLE PLANNING DOCUMENTS:
Staff believes 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 2, Definitions (in part)
BUILDING: Any structure having a roof supported by columns or walls, or any other
enclosed structure, for the housing or enclosure of persons, animals, or property.
STRUCTURE: Anything constructed or erected with a fixed location on the ground, but
not including poles, lines, cables, or other transmission or distribution facilities of public
utilities, or mailboxes or light fixtures. At the discretion of the design review board,
swimming pools and tennis courts may be exempted from this definition.
Chapter 6, Article D, Two -Family Primary/Secondary Residential (PS) District (in part)
Town of Vail Page 2
May 17, 2016 - Page 195 of 218
12-6D-1: PURPOSE:
The two-family primary/secondary residential district is intended to provide sites for
single-family residential uses or two-family residential uses in which one unit is a larger
primary residence and the second unit is a smaller caretaker apartment, together with
such public facilities as may appropriately be located in the same zone district. The two-
family primary/secondary residential district is intended to ensure adequate light, air,
privacy and open space for each dwelling, commensurate with single-family and two-
family occupancy, and to maintain the desirable residential qualities of such sites by
establishing appropriate site development standards.
12-6D-6: SETBACKS:
In the primary/secondary residential district, the minimum front setback shall be twenty
feet (20), the minimum side setback shall be fifteen feet (15), and the minimum rear
setback shall be fifteen feet (15).
Chapter 17, Variances (in part)
12-17-1: PURPOSE:
A. Reasons For Seeking Variance: In order to prevent or to lessen such
practical difficulties and unnecessary physical hardships inconsistent with the
objectives of this title as would result from strict or literal interpretation and
enforcement, variances from certain regulations may be granted. A practical
difficulty or unnecessary physical hardship may result from the size, shape, or
dimensions of a site or the location of existing structures thereon; from
topographic or physical conditions on the site or in the immediate vicinity; or
from other physical limitations, street locations or conditions in the immediate
vicinity. Cost or inconvenience to the applicant of strict or literal compliance
with a regulation shall not be a reason for granting a variance.
B. Development Standards Excepted: Variances may be granted only with
respect to the development standards prescribed for each zone district,
including lot area and site dimensions, setbacks, distances between
buildings, height, density control, building bulk control, site coverage, usable
open space, landscaping and site development, and parking and loading
requirements; or with respect to the provisions of chapter 11 of this title,
governing physical development on a site.
12-17-5: PLANNING AND ENVIRONMENTAL COMMISSION ACTION:
Within twenty (20) days of the closing of a public hearing on a variance
application, the planning and environmental commission shall act on the
application. The commission may approve the application as submitted or may
approve the application subject to such modifications or conditions as it deems
necessary to accomplish the purposes of this title, or the commission may deny
the application. A variance may be revocable, may be granted for a limited time
Town of Vail Page 3
May 17, 2016 - Page 196 of 218
period, or may be granted subject to such other conditions as the commission
may prescribe.
12-17-6: CRITERIA AND FINDINGS:
A. Factors Enumerated: Before acting on a variance application, the planning
and environmental commission shall consider the following factors with
respect to the requested variance:
1. The relationship of the requested variance to other existing or potential
uses and structures in the vicinity.
2. The degree to which relief from the strict or literal interpretation and
enforcement of a specified regulation is necessary to achieve
compatibility and uniformity of treatment among sites in the vicinity, or
to attain the objectives of this title without grant of special privilege.
3. The effect of the requested variance on light and air, distribution of
population, transportation and traffic facilities, public facilities and
utilities, and public safety.
4. Such other factors and criteria as the commission deems applicable to
the proposed variance.
B. Necessary Findings: The planning and environmental commission shall
make the following findings before granting a variance:
1. That the granting of the variance will not constitute a grant of special
privilege inconsistent with the limitations on other properties classified
in the same zone district.
2. That the granting of the variance will not be detrimental to the public
health, safety, or welfare, or materially injurious to properties or
improvements in the vicinity.
3. That the variance is warranted for one or more of the following
reasons:
a. The strict or literal interpretation and enforcement of the
specified regulation would result in practical difficulty or
unnecessary physical hardship inconsistent with the objectives
of this title.
b. There are exceptional or extraordinary circumstances or
conditions applicable to the site of the variance that do not apply
generally to other properties in the same zone district.
Town of Vail Page 4
May 17, 2016 - Page 197 of 218
V
c. The strict or literal interpretation and enforcement of the
specified regulation would deprive the applicant of privileges
enjoyed by the owners of other properties in the same zone
district.
Title 14 — Development Standards and Guidelines, Vail Town Code
Chapter 10, Design Review Standards and Guidelines (in part)
14-10-10: ACCESSORY STRUCTURES; UTILITIES; SERVICE AREAS
A. Design of accessory structures upon a site shall be compatible with the
design and materials of the main structure or structures upon the site.
B. Accessory buildings generally should be attached to the main building either
directly or by means of a continuous wall, fence or similar feature of the same
or a complementary material as the main building's exterior finish.
E. Service areas, outdoor storage, and garbage storage shall be screened from
adjacent properties, structures, streets, and other public areas by fences,
berms, or landscaping.
F. Adequate trash storage areas shall be provided. There shall be year round
access to all trash storage areas which shall not be used for any other
purpose.
SITE ANALYSIS
Address:
Legal Description:
Zoning:
Land Use Plan Designation
Current Land Use:
Geological Hazards:
265 Forest Road
Lot 21, Block 7, Vail Village Filing 1
Two -Family Primary/Secondary Residential (PS)
Low Density Residential
Single -Family Home
Steep Slopes > 40
Development
Allowed/Required
Existing
Proposed
Change
Standard
Lot/Site Area
15,000 sq. ft.
23,935 sq. ft.
No Change
buildable area
Front: 20'
Front: 20'
Front: 5'
Front: -15'
Setbacks
Side: 15'
Side: N/A
Side: N/A
Side: N/A
Rear: 15'
Rear: N/A
Rear: N/A
Rear: N/A
Building Height
Flat Roof: 30'
8'31/4"
11' 3"
+2° 11 3/4"
Sloping Roof: 33
Retain. Wall
Trash Enc.
Density
2 DUs per site
1
DU
No Change
Gross Res.
7,662 sq. ft.
71451.5 sq. ft.
7,485.5 sq. ft.
+34 sq. ft.
Floor Area
Town of Vail
Page 5
May 17, 2016 - Page 198 of 218
VI.
VII.
Site Coverage
Max. 20% of total site
18.1%
18.2%
+ 34 sq. ft.
area (4,787 sq. ft.)
4,329 sq. ft.
4,363 sq. ft.
Landscaping
Min. 60% of total site
61.2%
61.0%
- 34 sq. ft.
area (14,361 sq. ft.)
14,642 sq. ft.
14,608 sq. ft.
SURROUNDING LAND USE AND ZONING
Existing Use
North: Open Space
South: Low Density Residential
East: Low Density Residential
West: Low Density Residential
REVIEW CRITERIA
Zoning District
Natural Area Preservation
Single -Family & Two -Family Primary /
Secondary Residential
Two -Family Primary / Secondary
Two -Family Primary / Secondary
The review criteria for a variance request are prescribed in Title 12, Chapter 17, Variances,
Vail Town Code.
1. The relationship of the requested variance to other existing or potential uses and
structures in the vicinity.
Staff finds that any hardship associated with the requested variance is self-imposed. In
previous instances where the PEC has approved front setback variances, the variation
requests were often granted based on topography, lot size, or unusual limitations.
In this request, the existing structure was built as new construction subject to the same
development review process and front setback standards as are currently required.
Therefore, staff does not believe that the proposed variance meets this review criterion.
2. The degree to which relief from the strict and literal interpretation and enforcement
of a specified regulation is necessary to achieve compatibility and uniformity of
treatment among sites in the vicinity or to attain the objectives of this title without a
grant of special privilege.
The intent of setbacks is to establish the permitted location of uses and structures in
order to maintain uniformity within a specific zoning district. Staff finds the applicant
has failed to sufficiently demonstrate a physical hardship which is unique to their site
and necessitates the relocation of the trash and recycling bins from within the
existing garage to a new structure within the front setback. While the proposed trash
Town of Vail
Page 6
May 17, 2016 - Page 199 of 21 E
enclosure would be more convenient to the applicant, the proposed location is a
matter of personal preference and not of physical necessity.
Staff finds that granting the requested variance would be a grant of special privilege
in that there are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that do not apply generally to other
properties in the Two -Family Primary / Secondary Residential District.
Therefore, staff does not believe that the proposed variance meets this review
criterion.
3. The effect of the requested variance on light and air, distribution of population,
transportation and traffic facilities, public facilities and utilities, and public safety.
The extension of the peak of the structure above the existing retaining wall may have a
minor visual impact on the neighborhood. However, as the proposed trash enclosure will
be built into the existing retaining wall and the structure is only thirty-four (34) square feet in
size, the proposed front setback variance will not affect the distribution of population,
transportation and traffic facilities, public facilities and utilities, or the public safety.
Therefore, staff finds the proposed exterior alteration meets this review criterion.
4. Such other factors and criteria as the commission deems applicable to the proposed
variance.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends denial of the requested review of a
variance from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the provisions of
Section 12-17, Variances, Vail Town Code, for a variance to the front setback for a trash
enclosure, located at 265 Forest Road / Lot 21, Block 7, Vail Village Filing 1, and setting forth
details in regards thereto.
Should the Planning and Environmental Commission choose to deny this variance request,
the Community Development Department recommends the Commission pass the following
motion:
"The Planning and Environmental Commission denies the applicant's request for a
variance, from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the
front setback for a trash enclosure, located at 265 Forest Road/ Lot 21, Block 7, Vail
Village Filing 1, and setting forth details in regards thereto."
Should the Planning and Environmental Commission choose to deny this variance request,
the Community Development Department recommends the Commission make the following
findings:
Town of Vail Page 7
May 17, 2016 - Page 200 of 21 E
"The Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary / Secondary Residential District;
2. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will
not result in practical difficulty or unnecessary physical hardship inconsistent
with the objectives of Title 12, Zoning Regulations, Vail Town Code;
b. There are no exceptions or extraordinary circumstances or conditions
applicable to the same site of the variance that does not apply generally to
other properties in the Two -Family Primary / Secondary Residential District,
and
C. The strict interpretation or enforcement of the specified regulation will not
deprive the applicant of privileges enjoyed by the by the owners of other
properties in the Two -Family Primary/ Secondary Residential District."
(Should the Planning and Environmental Commission opt to approve the request,
please consider the below text)
Alternatively, should the Planning and Environmental Commission choose to approve this
variance request, the Community Development Department recommends the Commission
pass the following motion:
"The Planning and Environmental Commission approves the applicant's request for a
variance, from Section 12-6D-6 Setbacks, Vail Town Code, in accordance with the
provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the
front setback for a trash enclosure, located at 265 Forest Road / Lot 21, Block 7, Vail
Village Filing 1, and setting forth details in regards thereto."
Should the Planning and Environmental Commission choose to approve this variance request,
the Community Development Department recommends the Commission make the following
findings:
"The Planning and Environmental Commission finds:
1. The granting of this variance will not constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family
Primary/ Secondary Residential District as the Planning and Environmental
Commission has consistently held that configuration of existing sites, topographic
conditions, physical limitations, street locations, or conditions on the site or in the
Town of Vail Page 8
May 17, 2016 - Page 201 of 21E
immediate vicinity are hardships that may justify the granting of a variance from the
Town's current zoning regulations;
2. The granting of this variance will not be detrimental to the public health, safety, or
welfare, or materially injurious to properties or improvements in the vicinity, and
3. This variance is warranted for the following reasons:
a. The strict or literal interpretation and enforcement of the specified regulation
would result in practical difficulty or unnecessary physical hardship
inconsistent with the objectives of this title;
b. There are exceptional or extraordinary circumstances or conditions applicable
to the site of the variance that do not apply generally to other properties in the
Two -Family Primary / Secondary Residential District; and
c. The strict or literal interpretation and enforcement of the specified regulations
would deprive the applicant of privileges enjoyed by the owners of other
properties in the Two -Family Primary/ Secondary Residential District.
IX. ATTACHMENTS
A. Vicinity Map
B. Project Narrative Written by the Applicant
C. Plans and Elevations
Town of Vail Page 9
May 17, 2016 - Page 202 of 218
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Job#:
Issued:
TOV Planning - 03/02/2016
Dwg. Name:
Trash Enclosure
Plans & Elevations
Sheet Index: Sheet
AOOO Cover Sheet
Topographical Survey
Ll Landscape Plan A000
A201 Trash enclosure Plans 8
Elevations
NOTICE: y —" V y u
years after you first discoveredsuch defect. In no event, may any actionbasedupon any defect in this survey be commenced
more than ten years from the date of certification shown hereon. Additionally, this document is prepared for the sole purpose
of use by the parties stated hereon. The improvements are generally situated as shown and only apparent (visible at the time
of fieldwork) improvements and encroachments are noted. Archibeque Land Consulting, Ltd., its owner(s) and employee(s) will not
be liable for more than the cost of this document, and then only to the parties specifically shown hereon. Acceptance and/or
use of this document for any purpose constitutes acknowledgement and agreement to all terms stated herein.
*�+' TOPOGRAPHIC MAP
May 17, 2016 - Page 204 of 218
LOT 21 , BLOCK 7
VAIL VILLAGE FIRST FILING
VN OF VAIL, COUNTY OF EAGLE. STATE OF COLORADO
NOTES:
1) Survey Date September, 2015.
2) Location of Improvements, Lot lines, and Easements are based
upon the Final Plat of Vail Village First Filing, as recorded August 6,
1962 as Reception no. 96382, in the Office of the Eagle County Clerk
and Recorder, County of Eagle, State of Colorado and Survey Control
Monuments found at the time of this survey as shown hereon. This
Survey does not constitute a boundary survey nor any investigation
into record easements or encumbrances associated with this
property.
3) ELEVATION DATUM: 8239.4 feet for the sewer manhole in Forest
Road.
4) CONTOUR INTERVAL: 2 foot.
5) Utilities are shown approximately and should be field verified
prior to excavation.
6) Surveyor does not warrant or certify to the integrity of any Digital
Data supplied in conjunction with this map and survey.
7) STREET ADDRESS: 0265 Forest Road.
8) This Topographic Survey was prepared for the exclusive use of
Ric Fields, and is valid only if print has original seal and signature of
surveyor.
9) Lineal Units of the U.S. Survey Foot were used herein.
I, Theodore J. Archibeque, a Professional Land Surveyor in the
State of Colorado, hereby certify that this Topographic Map is
based upon my knowledge, information and belief, and was
prepared by me or under my responsible charge, and that it
was performed in accordance with standard care and practice
used in the area at the time of the survey. This certification is
not a guaranty or warranty, either expressed or implied and the
Notes hereon are a part of this certification.
0 5 10 20 40
1 INCH = 10 FEET
Land Consulting, Ltd
and Surveying & Mapping
). Box 3893 Eagle, Colorado 81631
970.328.6020 Office 970.328.6021 Fax
INFO@ PROLAN DSU RVEY.COM
Theodore J. Archibeque PLS 37902
Colorado Professional Land Surveyor
Revised Feature label - Minor Drafting Edits 03-02-2016 MSS
Lot
May 17, 2016 - Page 205 of 218
S mbol Key
>c Evergreen Tree to Remain (typ.)
j ♦ j Deciduous Tree to Remain (typ.)
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Compacted Subgra
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sturbance,
lecessary.
pruce, 20
( the peak of
Site and Planting Plan
111=101-011
Existing Boulder Retaining
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Proposed Boulder Retaining
(see Site Plan)
Existing Spot
Elevation
(80.5) (,eeS--y)
12.5+Proposed Spot
Elevation
10
101
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N.T.S.
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Fieldscape Incorporated
All Rights Reserved
This document, and the ideas and
designs incorporated herein, as an
instrument of professional service, is
the property of Fieldscape
Incorporated and is not to be used,
in whole or in part, for any other
project without the written
authorization of Ric Fields
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All Rights Reserved
This document, and the ideas and
designs incorporated herein, as an
instrument of professional service, is
the property of Fieldscape
Incorporated and is not to be used,
in whole or in part, for any other
project without the written
authorization of Ric Fields
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May 17, 2016 - Page 207 of 218
REMOVE PORTION OF LOWER CONC
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Job#:
Issued:
TOV Planning - 03/02/2016
Dwg. Name:
Trash Enclosure
Plans & Elevations
Sheet
A201
PLANNING AND ENVIRONMENTAL COMMISSION April
TOWN Of VAII 111, 2016, 1:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado, 81657
Call to Order
Members present: Brian Gillette, John Rediker, Henry Pratt, Ludwig Kurz, Kirk Hansen, John Ryan
Lockman, Brian Stockmar
Members Absent: None (Note: Mr. Kurz left the meeting after the swearing in and voting for
Chairman.)
Swearing-in New PEC Members by Town Clerk, Patty McKenny
Henry Pratt nominated John Rediker as Chairman, Seconded by Kirk
Only one candidate, not vote taken
John Rediker nominated Henry Pratt as Chairman Pro -tem
Ludwig seconded the motion
Henry Pratt nominated Ludwig Kurz as Chairman Pro -tem
Seconded by Kirk
Vote for Pratt as Chairman Pro -Tem passed, 4-3.
Site Visits:
1. Vail Fire Station No. 1 - 4116 Columbine Drive
2. Gasthof Gramshammer - 231 East Gore Creek Drive
3. Kajara LLC Residence - 265 Forest Road
Information Update - Energy Usage: Natural Gas
Kristin Bertuglia, Environmental Sustainability Manager, presented information regarding energy
usage within the Town.
Mark Hoblitzell, Environmental Sustainability Coordinator, presented specific information regarding
natural gas usage within the Town. Information included the Town's sources for natural gas,
calculating the carbon equivalency of natural gas and the use of natural gas for snowmelt.
John King, Public Works, also spoke in order to answer facility operation questions from the PEC.
2. A request for review of a Major Exterior Alteration, pursuant to Section 12-713-7, Exterior
Alterations or Modifications, Vail Town Code, to allow for the addition of 1,193 square feet of gross
residential floor area (GRFA), located at 304 Bridge Street Units R2 & R3 (Red Lion Inn
Condos)/Lots E -H, Block 5A, Vail Village Filing 1, and setting forth details in regard thereto.
(PEC160008)
Applicant: Oscar Tang and Blue Mountain Investments represented by J+A Architects
Planner: Brian Garner
May 17, 2016 - Page 208 of 218
Motion to Approve
Motion- Hansen Second- Lockman Vote: 6-0-0
Conditions:
1. This exterior alteration or modification approval is contingent upon the applicant
obtaining Town of Vail approval of an associated design review application.
2. The applicant shall mitigate the employee housing impact created by the new net square
footage in accordance with the provisions of Chapter 12-24, Inclusionary Zoning, Vail
Town Code and the applicant shall make the required fee in lieu payment to the Town of
Vail prior to the issuance of any building permit.
3. The applicant shall specify the design and location of the chimney and shall investigate
the potential for making the restaurant exhaust chimney smaller and as much to the
south as possible.
Brian Garner, Town Planner, introduced the project. Mr. Garner summarized the discussions from
the previous two (2) reviews that occurred on March 14 and March 28, 2016. The applicant's
proposal is the same as it was in the previous meeting. A more extensive sun -shade analysis has
been provided by the applicant. At the April 5, 2016 Town Council meeting, the council waived
their rights to limit the GRFA as granted in the condominium declarations for the project.
Mr. Brian Judge, Architect - Briefly summarized the proposal and then focused his attention on the
sun -shade analysis. There are no established setbacks for this site. Mr. Judge stated that the
entire HOA has approved the proposal. Mr. Judge also stated that individuals from the neighboring
property to the north who previously spoke against the proposal had indicated that they
represented the entire HOA for the neighboring property to the north when they did not actually
represent the HOA, just themselves.
Mr. Judge then referred to sun -shade analysis graphics comparing the existing and proposed
conditions at the times and dates required by the design guidelines. According to Mr. Judge, the
increase in shadow coverage as a result from this proposal ranges from 3-8% depending on the
time of the year. Mr. Judge reminded the PEC that the impact of Vail Mountain was not considered
for the sun -shade analysis.
Mr. Judge concluded by stating that the proposal will refresh the appearance of the property and
remove some of the existing unsightly elements such as the open staircase and awning. The
proposal the applicant has attempted to address the concerns of the neighboring property owners
and the proposal does not require any variances and leaves undeveloped GRFA.
Mr. Merrill Stillwell - Spoke in regards to conversations with the neighboring property owners. Mr.
Stillwell stated that the plans have been adjusted to address neighboring property owner concerns.
Rediker - Asked for Mr. Judge to specify which plans are requested to be approved. Mr. Judge
confirmed that it was the plan set titled, "1-A"
Public Comment
Ms. Margo Mullally - Spoke as the owner of unit R2 in the adjacent Rucksack Building. Ms. Mullally
claims that the applicant's comments regarding other properties' length of awareness of this
application and their excitement level were misrepresented. Ms. Mullally stated that in the 1990s
May 17, 2016 - Page 209 of 218
the neighboring properties were told that the previous expansion was the last time the applicant
would be able to increase the size of the building. Ms. Mullally claimed that while the changes
shown in the sun -shade analysis may sound small, there is a large impact on the neighboring
property. Ms. Mullally claimed that the proposal will place a solid wall in front of the recently built
dormer on her unit and invited the PEC to see how it would impact their property.
Closed Public Comment
Mr. Hansen - Asked how the other individual Ms. Mullally mentioned would be impacted by the
proposal. Ms. Mullally stated that the owner of Rucksack Building Unit #R1 is Mr. Bill Gardiner.
Rediker - Asked if anyone opposing the proposal attended the Town Council meeting where the
waiving of the GRFA limitation was discussed. Ms. Mullally stated that no one to her knowledge
attended. Mr. Garner stated that the discussion was held in the Town Council's executive session.
Mr. Rediker asked if this meant that none of the neighbors were notified of the meeting, to which
Mr. Garner responded in the affirmative.
Mr. Judge - The restriction being referred to was not signed by anyone in the town and that the
Town Attorney advised that the restriction did not give any restrictive power to the Town.
Mr. Gillette - Asked Mr. Garner if the Town Council actually waived their rights or if they determined
that the GRFA restriction was not applicable to the Town. Mr. Garner stated it would be more
correct to say the GRFA restriction in the declarations was not applicable to the Town.
Mr. Hansen - Asked for clarification as to whether the neighboring property owners were correctly
notified.
Mr. George Ruther, Director of Community Development, stated that staff would research the
notification process.
Chris Neubecker, Planning Manager - Referring back to the GRFA restriction discussion among the
Town Council, he stated that the executive session on the GRFA restriction was specifically listed
on the Town Council agenda, and was suggested by the PEC at the previous meeting on this topic.
Mr. Lockman - The applicant has conducted good due diligence in regards to providing the
information requested. In regards to the sun -shade analysis Mr. Lockman feels the applicant has a
done a good job of taking the adjacent property owner to the north into consideration regarding the
design and he therefore can support the application.
Mr. Hansen - He felt the applicant has accommodated the neighboring properties while still
complying with Town Code. The information provided has eased his concerns and Mr. Hansen
supports the application.
Mr. Pratt - Due to the zero foot (0') lot line regulations there is limited expectation of light and air for
surrounding properties. Mr. Pratt did state a concern regarding the size of the chimney and its
proximity to the neighboring property. Mr. Judge clarified that the number of vents is actually being
reduced and that one single larger vent will reduce noise in comparison to the existing conditions.
Mr. Judge stated that he will look into moving the chimney as south as possible, and design it as
small as possible.
Mr. Gillette - He concurred with the Town Attorney's opinion regarding the Town's lack of authority
in the matter of the GRFA restriction. Mr. Gillette feels that the applicant has provided substantial
information and demonstrated that the sun -shade impact will be minimal.
May 17, 2016 - Page 210 of 218
Mr. Stockmar - He feels the proposal, as it is compliant with Town Code, is something that can be
approved, despite the unfortunate disagreement between neighbors.
Mr. Rediker - He understands the concerns of the neighboring property owners, and it is
unfortunate that the maximum impact on the sun -shade occurs during the winter equinox. Mr.
Rediker concurs with Mr. Pratt's statements regarding the size and location of the chimney.
Mr. Ruther confirmed that the adjacent property owners had been correctly notified, mailed March
15, including the Martin J. Mullalley Credit Trust, at an address in Minturn, as listed in the Eagle
County records.
3. A request for review of an amendment to a Conditional Use Permit pursuant to Section 12-9C-3,
Conditional Uses, Vail Town Code, in accordance with the provisions of Section 12-16
Conditional Uses, Vail Town Code to allow for the expansion of the East Vail Fire Station located
at 4116 Columbine Drive/Lot 15 Bighorn Subdivision, and setting forth details in regard thereto.
(PEC16-0010)
Applicant: Vail Fire Protection District, represented by John King
Planner: Brian Garner
Motion to Approve - Lockman
Motion- Lockman Second- Pratt Vote: 4-1-1 (Gillette
Against, Stockman recused)
Conditions:
1. This exterior alteration or modification approval is contingent upon the applicant
obtaining Town of Vail approval of an associated design review application.
2. The Employee Housing Units (EHUs) shall first be offered to emergency personnel, then
to Town of Vail staff before offering to general public.
Mr. Garner introduced the proposal and explained that this project entails the expansion of an
existing fire station facility and a Conditional Use Permit is required for a fire station in this zone
district. The two EHUs are allowed by right in the General Use zone district. Building additions are
proposed to the fire station and EHUs. Improvements proposed to the exterior of the building
include a new heated concrete driveway in front. Brian Garner corrected the staff memo concerning
the number of EHUs proposed on site.
Pratt - Is there a requirement for 50% of the employees to be housed on site? Garner indicated
that he is not aware of any such requirement.
John King - Currently one EHU with a Vail Fire Fighter living there. Gym on second floor will
become the second EHU. Fire Station #1 was built about 1982. New roof was added in 2008.
Space is cramped, can't walk around firetrucks inside garage. Expansion proposed for work areas,
bunker gear, and generator. We will address mechanical and electrical systems to bring up to date
and will also be cleaning up the building facade. Heated driveway proposed to address safety
issues.
Stockmar - I live next door. It may be seen as a conflict of interest. Mr. Stockmar left the room and
did not participate in the discussion or vote.
May 17, 2016 - Page 211 of 21E
Pratt - Is there an option for a heat exchange system to save energy on the snowmelt system?
King indicated that there are tying to be efficient and will consider a heat exchange.
Lockman - How is building heated now?
King - Natural gas. It would be almost impossible to not be more efficient after this remodel. I'm not
a fan of adding snowmelt but it's a safety issue since this is a fire facility.
Hansen - Will the HVAC system be available for review by the DRB?
King - Yes
Rediker - Officers are constantly cleaning the trucks. Where do they drain the water?
King - Trench drain that currently flow to sanitary system. Driveway and parking will have a water
quality vault, and then drain to creek. We are making strides to collect and clean water. We are
reducing impervious surface.
Lockman- Environmental Report was not required, due to existing structures. Since its close to
creek, why not still required environmental report?
Garner - Exemption for existing buildings applies here.
Gillette - Please explain the safety issues with the heated driveway.
Mark Novak - Engineers have 4 wheel drive and snow tires. Real issue is backing up safely. He
stated the fire department has people helping to back up the trucks. Having staff standing behind
the truck is a safety issue.
Gillette - What if you heated only the first 20 feet in front of the building rather than the whole
driveway?
Novak - 20 feet would not be enough. Once a truck starts to slide it's a safety issue. We looked at
changing the driveway, but there are issues with the trucks not clearing the garage doors.
Rediker - Question for Bill Pierce, Architect. Which image in the plans is best to see what is
proposed on the new proposed driveway?
Garner - Displays landscape plan on the screen.
Bill Pierce - We added evergreen trees to mitigate headlights from cars. He discussed the
displayed landscape plan.
Rediker - Operationally, how will snow removal and storage be handled? Will there be any salt and
sand getting into the creek?
King - We are working with Gregg Barrie to determine best plan to mitigate sand. We may be
forced to haul snow.
Hansen - Landscaping looks thin along the west property line adjacent to the new proposed
driveway.
May 17, 2016 - Page 212 of 218
King - We need to consider shrubs that can take snow on them. We are still working on the
landscaping plan.
Public Comment - None
Final Comments
Gillette - Likes the application but concerned with the snowmelt. We have only reduced energy use
by 2%. Snowmelt should be limited to 10-20 feet in front of the doors, rest should be plowed.
Heating that area is convenient, but not necessary.
Pratt - Different take on this issue. I once called Fire Department and they showed up in 45
seconds. Snowmelt is warranted. Mr. King should use innovative ways to try to be efficient. Snow
Melt boiler is 10 times bigger than that for the building. Don't think we want to snowmelt the drive to
the west. EHUs are concern to me. EHUs should be offered first to Firefighters, then town staff,
before offering to the public.
Hansen - Ditto on housing units and west side landscaping. Snowmelt, lean towards Henry's
comments. You need to be able to get out quickly. I live in East Vail and count on these guys.
Truck in front of station with flat tire, why is that there?
Lockman- Upgrade to the fire stations is important to public safety. Upgrades are much needed.
Landscaping needs to be increased. Without requirement for an environmental report ... there are
issues with Gore Creek. Advise Town to lead by example on creek and environmental
sustainability, snow storage.
Rediker - Henry raised a good issue on the EHUs. Did staff look at these requirements, and can
we add to the conditional use with those requirements to be occupied by town staff?
Ruther - We can add as a priority to rent to a town employee or fire fighter, but would not
recommend keeping it empty if those staff are not occupying unit.
King - We offer these units to fire fighters and other emergency personnel first.
Rediker - If we get rid of baseboard heat, that will save electricity. If we add more efficient boilers,
that will offset some of the power use in driveway. Trucks need to be able to exit the building
quickly. Agree with comments on additional landscaping on the west side. Neighbor across the
creek is far away, and may not be able to plant in wetlands. Do the best you can with landscaping
on west side.
3. A request for an Addition and Exterior Alteration to the Gasthof Gramshammer / Pepi's Restaurant
Building in Vail Village, pursuant to Section 12-713-7 Exterior Alterations or Modifications, Vail
Town Code, to allow for a revised entrance, new windows and new bar seating area located at
231 East Gore Creek Drive / Lot A, Block 5B, Vail Village Filing 1, and setting forth details in
regard thereto. (PEC16-0011)
Applicant: Gasthof Gramshammer Inc, represented by Gies Architects
Planner: Matt Panfil
Motion to Approve with Conditions
Motion- Pratt Second -Gillette Vote: 6-0-0
May 17, 2016 - Page 213 of 218
Conditions —
1. Approval of this minor exterior alteration request is contingent upon the applicant
obtaining Town of Vail approval of an associated design review application; and
2. The applicant shall mitigate the employee generation impact created by the new net
development in accordance with the provisions of Title 12, Chapter 23, Commercial
Linkage, Vail Town Code, and if a mitigation option including a fee in lieu payment is
chosen, the applicant shall make the required fee in lieu payment to the Town of Vail
prior to the issuance of any building permit. As required by the Town Code, if the
applicant chooses to mitigate any portion of the obligation through off site unit(s), these
unit(s) shall be available for occupancy prior to the issuance of any Certificate of
Occupancy.
3. The PEC recommends that the applicant and the Design Review Board take steps to
increase the alpine character on the Bridge Street side of the building.
Matt Panfil introduced the application. He discussed the added landscaping and site coverage on
the site plan. A net new 81 square feet of floor area and 24 square feet of landscaping are
proposed. The last addition or remodeling to the Bridge Street elevation was in 1988. Applicant
would like a refreshed look. The exterior changes will also be reviewed by the DRB. The proposed
sliding doors serve a function mentioned in the Vail Village Master Plan, which is to open up more
visual transparency to pedestrians. The proposed changes result in a minor increase in the
number of tables inside the restaurant. The site coverage will remain below the 80% required by
code. Commercial linkage will also apply. Staff finds the proposal in compliance with the CC1 zone
district, Vail Village Master Plan, Streetscape Plan, and Urban Design Guidelines. Staff did receive
a concern from a nearby neighbor concerning potential for noise.
Gillette — Did we do a study on the transparency?
Panfil — No there is not a study on the transparency on the existing building vs. proposed.
Gillette — I have concerns with the transparency and with the roof form.
Pratt — In Vail Village our purview is not limited to bulk and mass.
Gillette — I strongly recommend that the DRB look at the transparency, loss of gable roof form, and
the loss of muntins and mullions in windows.
Pratt — Vail Village Urban Design Guide Plan discusses windows, doors, design and trim.
Lockman — What is the intent of the language in the Urban Design Guide Plan?
Panfil showed portions from the Urban Design Guide Plan on windows and transparency.
Ruther discussed the language in the Urban Design Guide Plan. He discussed some other
buildings in Town, such as the Gore Creek Promenade and the Wall Street Building.
Pratt — Pepi's Sports is an example of what could be done.
Gillette — Muntins in Pepi's Sports were examples that were previously mentioned and incorporated
into the Wall Street Building.
May 17, 2016 - Page 214 of 218
Applicant — Russell Gies, Architect — Existing bar has unusable space. This entrance was originally
access to Sheika's bar, now used as ski storage in basement. We wanted to bring more light into
the building. The entry that exists is not part of the original design. Original building did not have
the protrusion, or these muntins (divisions in the windows). Shed roofs are appropriate on smaller
roof forms, per the code. Floor is 39"-41" above Bridge Street. It's not the same as Wall Street
Building. We are trying to make it feel like this is part of the original building. Deep recessed
windows.
Hansen — Have you selected the slider windows? Can you get windows with muntins?
Gies — Nana Doors may have muntins. We are going back and forth between sliders and accordion
style. Each has advantages and disadvantages.
Stockmar — Planter will not go into the right of way?
Gies — Landscaping planter will be on private property.
Public Comment — None
Final Comments —
Lockman — I like the idea of 24 sq. ft. net increase in landscaping and it is great to have more
commercial capacity in Town. This is a great project. On this application, opening the storefront is
great. Agree with Gillette on the loss of the alpine character and to ask the DRB to look into that
issue.
Hansen — Support project as well. If you wanted to change the whole side of the building, it would
not be OK. But for a section of all 18 feet long, it works. This space needs to be fixed. Good design,
I support it.
Pratt — Thus is a badly needed improvement. Muntins are needed, encourage you and the DRB to
look at the muntins. Across the street at new restaurant, seems like everybody is opening up the
storefront. It could get cacophonous from music in this small area, potential for a lot of noise. Code
enforcement will be able to monitor and enforce noise complaints.
Gillette — The applicant should try to get more alpine character on the building. Encourage staff and
the DRB to look at that hard.
Stockmar — That wall has always bothered me. It is dark on the inside of the building. I like the idea
of echoing some of the muntins, so it is not all glass.
Rediker — Agree with my commissioners. On site coverage, bulk and mass it meets code. We need
to keep the alpine character. Shed roof is getting away from that character. In particular, the four
criteria are met, and hope that the DRB notes all of our comments and concerns.
Gillette — Look at opening the top rail on the deck.
Gies — The deck on the second floor has a solid railing because guests complain about the noise
on Bridge Street. Mr. Gies asked if he went to a six or eight panel sliding door system, could he get
back to the vertical nature of the building.
Gillette — You are losing some of the alpine character. We will ask the DRB to look at the design
and see how you can "yodel" it up.
May 17, 2016 - Page 215 of 218
4. A request for the review of a variance from Section 12-6D-6 Setbacks, Vail Town Code, in
accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a
variance to the front setback for a trash enclosure, located at 265 Forest Road / Lot 21, Block 7,
Vail Village Filing 1, and setting forth details in regard thereto. (PEC16-0012)
Applicant: Kajara LLC, represented by Bill Nutkins
Planner: Matt Panfil
Motion to Deny
Motion- Lockman Second- Stockmar Vote: 5-1-0
The Planning and Environmental Commission finds:
1. The granting of this variance will constitute a granting of special privilege
inconsistent with the limitations on other properties classified in the Two -Family Primary /
Secondary Residential District;
2. This variance is not warranted for the following reasons:
a. The strict literal interpretation or enforcement of the specified regulation will not
result in practical difficulty or unnecessary physical hardship inconsistent with the
objectives of Title 12, Zoning Regulations, Vail Town Code;
b. There are no exceptions or extraordinary circumstances or conditions applicable
to the same site of the variance that does not apply generally to other properties in the Two -
Family Primary / Secondary Residential District; and
C. The strict interpretation or enforcement of the specified regulation will not
deprive the applicant of privileges enjoyed by the by the owners of other properties in the
Two -Family Primary / Secondary Residential District.
Panfil gave an introduction to the application. The trash enclosure will be about 5 feet from the
property line and creates 34 square feet of new site coverage. The existing retaining wall is about
8'3" in height. Structure would be about 11'3". The home was built in 2003 with a three car garage.
Staff recommends denial, based on no physical hardship. Staff agrees that that the design has a
minimal impact on the neighborhood, but feels that granting the variance will be a special privilege
for the applicant.
Rediker — Did you look at other options for locations?
Panfil — We looked at a variety of locations. Some others would also require a side setback. The
location proposed is what the applicant determined to be the area of least impact.
Rediker — Retaining walls are significantly into side setback.
Panfil — Retaining walls can be within the setback.
Ruther — No variances were granted in 2003 for the retaining walls.
Hansen — Please define why this is a noncompliant addition.
May 17, 2016 - Page 216 of 218
Neubecker — Definition of GRFA includes storage areas.
There was a discussion on wildlife proof trash containers.
Bill Nutkins — Architect — Made some corrections to statements made by the staff. We looked at the
east side of the house, but we would have needed a variance there too. East side of the garage
also would be an eyesore, and a large drop off of about 12 feet in grade.
Panfil - Agreed that the dimensions mentioned by Nutkins are correct. He read sections from the
Town Code requiring screening and trash enclosures.
Ric Fields — Landscape Architect — Discussed some of the goals of the design, and need for a roof.
One goal is to keep snow from piling on top of trash cans.
Public Comment — None
Final Comment
Stockmar — During site visit, it looks like a solution in search of a problem as there is an existing
three car garage with lots of storage. A solution may be a niche in the wall. I tend not to think that it
is a necessity. None of the alternatives seem practical. I will vote against this.
Gillette — Agree with staff. Do not think that the criteria for a variance have been met. Try to find a
design and location that is not GRFA, eliminate the roof and you are there.
Pratt — This is an elegant solution that is not needed. There is GRFA available. The fact that there
is a roof that sticks over the wall seems to make it a special privilege.
Hansen — I will go the other way. I do think that this is a different situation. I would support the
application.
Lockman — I did not see any practical difficulties. I think it makes sense to use the space under the
wall. The roof makes it need a setback variance, which I cannot support. Look to other locations
without a variance.
Rediker — I like the plan. I see the issue that the owner has, but I agree with the analysis from staff.
I do think there are some practical difficulties with this site. But it does not rise to the level of
supporting a variance.
5. Approval of Minutes
March 28, 2016 PEC Meeting Results
Motion to Approve
Motion- Gillette Second -Lockman Vote: 5-0-1 (Stockmar abstain)
6. Adjournment Motion — Stockmar; Second — Gillette 6-0-0
May 17, 2016 - Page 217 of 21 E
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment estimated at 8:10 p.m.
TOWN OF VAIP
May 17, 2016 - Page 218 of 21 E