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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 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 1 of 12 May 17, 2016 - Page 29 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 2 of 12 May 17, 2016 - Page 30 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 3 of 12 May 17, 2016 - Page 31 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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 Page 4 of 12 May 17, 2016 - Page 32 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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 Page 5 of 12 May 17, 2016 - Page 33 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 (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. Page 6 of 12 May 17, 2016 - Page 34 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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. Page 7 of 12 May 17, 2016 - Page 35 of 218 � $ USDA, Forest Service OMB 0596-0217 FS -1500-16 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 CD 0 CD w co (D .--r (D 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 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 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 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 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 May 17, 2016 - Page 46 of 218 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 REGION 3 — WMA SRM# 351001301 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 May 17, 2016 - Page 47 of 218 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 REGION 3 — WMA SRM# 351001301 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 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 REGION 3 — WMA SRM# 351001301 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 May 17, 2016 - Page 49 of 218 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 REGION 3 — WMA SRM# 351001301 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 May 17, 2016 - Page 50 of 218 Project — Town of Vail Sand Storage Facility Routing# 16 HA3 XE 00090 REGION 3 — WMA SRM# 351001301 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 74 5 *;k k5 k k5i 1. '. �� ''{ 14,4 `I � i�Si• 1 rr++,rr I�•' ���k � •7Y � �''i� 55 �� 541 '�'1: 5 � Y � '7 \ 5 ' }'. M1 I . •` y iY 5 � � ti'+ it ' k Y ' ;%+i � �ti ',s I �ti`il }.e ;sp s � 47� 7.5. •.}�,-y� _� k Y�l 4�r',�{�.� 4 5,'7.5 711 N 54!5ot1x5. � '7'� 'S•, 1+1'r w15Y 15 '{7''' '� '��555:'.y 14, tiS x 71 I '44 lr z M11� Tp. I I �^\ �� ._';x}'sl'h • • l ' + ' I fi� ''S'x t � i5 � 'S r.'r• + •t�' '4 1. rY • k �. � ' 1,,'. s 'Si' I L Y'f �'\4 {�b5,'Si5 x-.�''•4i I� 5k Y'' �'S y j 3 r f y' + y }I',4JIrJ S �+ —�5 li . 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EAST VAIL SERUB��kND DEWNTION PCM WINi„ 4ri,4. egaeaamo 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. 4/27/2015 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. 4/27/2015 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 STAGING , .. OUTDOOR FUN 11AN(1F VAIL � 3 .� v L � VRD VAF SAND V.01-1- BALL. _ AYkILASII� .� VRD VAF jtUG Y f v ' 4 i KAABOO VAIL PHASED LOAD IN 817-819 May 17, 2016 - Page 91 of 218 PRELIMINARY SITE PLAN vp/16 ---�-- WEST FIS��— �� AVALABLE _ STAGE 1 jj L PHASE 1 iers5oaxis • --. w o i r� 1p S• f• �4 �� G.R.F.A MANOR VAL�]. • �' AVAILWLE a l __-- j VRp VAF k �y � RUGBY J;: KAABOO VAIL PHASED LOAD IN 8118-8112 m,�rrw.x...�o•ssnraraxnw•..xes wnv, d o VREI VAF SAND VOLLEYBALL A "eLL`' nd d May 17, 2016 - Page 92 of 218 PRELIMINARY SITE PLAN U9,16 _ ..-a �� i . uwroj • ._ � � -��~-- --� � 1 y x ll— --_~_ `_ �_ — — . — m,..F,ow�.�e- -.� ��°m'''rieiA° _ STAGE 1 =_ PHASE 24Tf ST0.GE 1IMF r MApgR PAIL Ir � � r STAGE 2 KAAB00 VAIL PHASED LOAD IN 8/13-8/14 May 17, 2016 - Page 93 of 218 PRELIMINARY SITE PLAN 519l15� t iffk -•- - STAGE I PHASE 2 ROSE 4b 10 do • _ y{ nv y $TAQ 3wim VAR 1(4 i + '} k r AAB00 VAIN. PHA ED LOAD I 8115-8116 PRELIMINARY SITE PLAN � May 17, 2016 - Page 94 of 218 :�_ re =�_ t 37Af . LTi.! y � �-- �.� ! * •..��! " - � --� At • x (� Si AGE 1 COMEDY' a lei ' •t * .• 4U1DbOR - . „ FUM STAGE 3IL Q11A &I • ,- t ------6RIkE � -'"� STAGE .2 i KAABQD VAIL PHASED LOAD IN 8/17-8/20 May 17, 2016 - Page 95 of 218 PRELIMINARY SITE PLAFi — MAOR PAIL n..,.rux..sa. m�.er wnumwauucZxu.. 1� LEST FIELD -- _— — — VRC FP -�- ..,,, MIDOLE FIELCG � -�~ �,� AvnaneLL rf � S—tel .r• 4 ab . J TE }9:Ai5 - I ft _ VM iP' ,TFHi�N5C��� AiS�i o�ipis Ni eP + * u 0 RVOT T FDR D y •'-- ee�6 • . 1 AvAiLM E '1 ' • y� SWC AILAOLYEp AVAILABLE Ei NA NOT AVA■nBLE FOR GUESTS4. y — � N d r� KAABOO VAIL PHASED STRIKE 8121-8123 May 17, 2016 - Page 96 of 218 s PRELIVIlWY SIE PIAN 51911fi tiif + �� � I 1 GR RipFA OR IAL go � d 7 e d d• y SAND VOLL •YBALL'. AVAEABLE' ' VRo OF y, RUGBY 11 11 AVALLA&E 111���� i � � 1 x KAABOO VAIL PHASEO STRIKE 8124-8127 May 17, 2016 - Page 97 of 218 !�w PRELIMINARY SITE PLAN SJ9J16 * 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 "The information in this electronic mail ("e-mail") message may contain information that is confidential and/or privileged, or may otherwise be protected by work product or other legal rules. 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By reading the message and opening any attachments, the recipient accepts full responsibility for any viruses or other defects that may arise, and for taking remedial action relating to such viruses and other defects. Neither Wyndham Worldwide Corporation nor any of its affiliated entities is liable for any loss or damage arising in any way from, or for errors or omissions in the contents of, this message or its attachments. Wyndham monitors all incoming and outgoing email communications, including the content of emails and attachments, for purposes of security, legal compliance, training, quality assurance and other purposes permitted by applicable law." 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 P -"ll -4, - -�" - p - -�� I S f � -mow -;�- - `"�?fL. f •y:� �v: ��:� �.:.�' ..1cr _ .1, •I• i`f� .��:i ..sem x.: • •�' t�• ,}j -. - ^t . � �� F 'ir `ti,ry i.=�_ lo;�*.v3.rLr�%'''�£lri f� ' 4i .}��5.� -ry :�' ..j,ti.Y. .�, �+, •'i �f y i - � .(+ �� _�.!S hr SCC•' �-.�+.!. ..S•. f .�•�' - •+ _ r aS _ y _ F r ' t ; '.r c . -y= - X.�y •: F � it �' l; - ti... . } 1. y � �/, •. FL •. � Jt Olt VAIL BRAND IDEL11MES p : `:r:', s:-1 " •«�.:f, -t t. �.1::!''":�,�- �.' �`�'A .L i;� � "v': i i �'.i, .'i"i. . _ �i . ,�••1 ;- ' •� - _ .�. n Y..,? _'�.:, �T. „ems. �.Y�g�+. {I-�1(Lj�, x ¢! •. .` �� 1: .� � - �. �,• � � �► r._ ,r,.rr ' �• � �: r �1- •..'ci.2....-� �.L�e'_� ��" .iR �; T � �. t '�ly[ + � 'Y - - i _ �5�q- i.� � i, •i • a� � t .�.... �: _ .. � * �c - t• '� - x ` •'k �i�• •� :3� ..f.,F..+ ^''i- h, x• '��� ■� • ' ►, •'<: r �.:.., � 4f7 •w , /�- • �F. �t {i.� ;,;� _ �'.• . � �- - r►r � f. r�...a-•f '` /�,�.4 1�. f .�'1• •� - t � 1. .- t � i • •- .3 t -Y - � l � • -idlk� • r F � ' r 2 0 1 6 BRAND GUIDELINES BRAND POSITIONING ZA _ '� �'-�s �'-iii: L:'q•�' ._ _ y. ,L" -.,h' _'tom ry r•�^�..1- - - •� •4,..�-v.�+.i:'. Y'`�-�� � vim•; �j �'y,:.•i. ' .-� 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 41, t -. 'Fr T 4W d trate Alp u d 9 e t w IP 1 9 r t or 9 *A& � } * lk N F + TM•r ike nothin on earth. 1q,`7 r _ f .� lr Arp L IN 1 I r .. - aL Z. r 13 J ,�� f ` r111F •I�'! OIL - ' % %L 9rIr' IS SPIN • rF- • i, L. I - 9 r - IN IN ' F +JI % -+ r -Objective is L r r• k i 1 I I r ` r• � Y � L wRe "116 r Y 1 I lia ' r I IN 1 I I r I �MINIffinTaTin 1 f _ - •? r k r or .10 4'rr } r� 1 III'i a'-, r r 1 r 1IN,,'f ' �, f •r _ � 3�� � • F' �'+ L +4■t�l ■ IhL*AL F ;-'ti'_ r ■ IrL •� r: ` 1dp i r� a _ �•• f rrL ' r 1 'r' ••i �•� I•{ �r1�� _ -IIIIIL on. am r 9- rm MG {r .• J r t Y ,.a '. ti IN. rw I I'�+ ' r �r1 { ' 7 r L - + ■Ir- ti , ; P ti r r r IL F i i ri ti 1% r �� • . fir +Ad; P. �. 11 ■ � a fr :-r 1_ '�f -L' :� 1 i r h • • 1 z_ S� 1 1 1 f . yrs 4 . ' ' • �'4 �+ r ML� '% I. r•� .. I w I •_ �+�I + L a{+ ,� + irk t 1 f•.+%a ' MA '.:L `r •i IF•.r, �I 'fir • •I�'r.7 aZ", -] r •i rtiL L JL. I •7+�- - f■ }� `ti _ I 17 • ALL r a , Yir I - „ff{•' �� • • ' 1 • •••• •- ■�, 61. IF Jr 1 3 ■ 1 r i X17 't r _ ` 4r am LL 16 --.'NI_ F r •I� rr r• ..r-1 %p R a'FYFY r F L10 4F r I • • FJ•r f rL r. •90 r• r L 1 A F IN i ri s y ■ •� �. �ra+ S r + 'r F '+ _ .y r L L 3 r� NIN_ 1 T Fyr '� � � -rFi 1 {J L r ; r r _ T ti - 4 . 'al SSS t }� IN. * + -4y Y S, J 'I I =+` I ■ ' 1' - I I ',yam '_ `.:4F 5 1 11 J+�`' CL — �I _� 1 1 I 1 �L .� ,�.��F I ' �!I'� ', } m -1 Ll HA NP + k r 1 .1. I■ 1 I + 1 1 ti r r r+ r e} _ s m _ F �& Metrics w1w �• j r r i • iC y. ,� ti tr '. • til' _ 11� I I * �r � 14 • % y. r ■fid `k,Ir, Lr r 1 � r • Y 1L AL t + ■ � I :�� •. - - + 1 1 r �■r _ :-L .P J ` L y1 r} i 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 rWERMPF C. - - - r If IN fPL -h- ;ft ■ 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. F40 or rr ` J17 r �6 i + t 0 r � To be the 4 PREMI E �'~� int6rn; finnp l mou n#ai n reso rt community elevate the 4:4:14:1147krvf� I��wlt r �log 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 1 5/11/2016 M: IADMINISTRATIONIOUT OF DISTRICT BILLINGI2016 OUT OF DISTRICT CHANGESIFIRE PRO TEC TION -0051016. DOCX May 17, 2016 - Page 176 of 21 E 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. 2 5/11/2016 M: IADMINISTRATIOMOUT OF DISTRICT BILLIN02016 OUT OF DISTRICT CHANGESIFIRE PRO TECTION-O051016.DOCX May 17, 2016 - Page 177 of 21E 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 3 5/11/2016 M: IADMINISTRATIOMOUT OF DISTRICT BILLIN02016 OUT OF DISTRICT CHANGESIFIRE PRO TECTION-0051016. DOCX May 17, 2016 - Page 178 of 218 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 ID Vendetta"I Chbsly Sports • Sna'+ board R"e rdge Resort Wear Di mored Shoes in r' l t4 H a [1`'11{1 qw 4r4O'k" � N ■ a � ^� s � � r � + JT jl� a� Mill Creek Court Bi`stry _ ,A Cordillera Vai1[G�ub �/f Crespelle V�e'ntuFe ports V&*— do to Bahn Ski -Rentals r A. 40k *} AL7._ r i f n N rLooR PLAJ,1 May 17, 2016 - Page 183 of 21 E 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. 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I r R�Sr F ®� P/a� �are� �1� 366 Trv®Pl Lodge~- - 278 25$• ChfisAInl9 R�sgp&®B : _ _ _ - 434 4161 l RM ing 278 103 07 10 �'D. M1 "far 11 _. _ aNu�r � _ Lv 311 ®ildn j 1afava 51 �� N -i t� frail ball �® ��� Mountain Pomouhtalll, f d� � • Yom- __ � q f� _ � _ _. Chal®ta at Phe ®dam at VailMountain Plaza -Pot* - gE� - � _ 303 ;" i �. C _ _r - �.' yr 7i 0*1 - - 25® ' R 325 315 �5 f i' m 505 A. 2395 58 �ALLFERE.r � - r � - 312 302385 � _.� •� � � ��� �• � �f �.��' � � �,� ;�� ' . —�!'�� �I .� ,� 7'32 342362 �t /\ ♦la'L r _ :r a- 7 ��, , ak Y l �, - .�- ' • -~ 345 353 small DATA sou ROES: j Fire Hydrant dela -Eagle River Water & Sanitation ❑i5trret This map was trealad by 1h6 Town M Vail GIS YBa m. use of this map should 50 for general pdrpasss only. Feel Tax Pe reel dale - Eagle Cou m.a y Assesr Department The Town of Vail does not wawanl ee Ine auracy of the informn WWp�� information ca Wiled herein. ! 0 185 330 880 {where shown, parcel line wot% Is approximate] Augus116.2012 , , 528 Vao§ X8-1 Page 8 rl�; F e�O� IV ("IlTILL14—M E. O NUTKINS JR. * <� 403359/ V 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.) Existing Contour Filter Fabric Compacted Subgra (see Soils Report) we sturbance, lecessary. pruce, 20 ( the peak of Site and Planting Plan 111=101-011 Existing Boulder Retaining (seesnr„ey) Proposed Boulder Retaining (see Site Plan) Existing Spot Elevation (80.5) (,eeS--y) 12.5+Proposed Spot Elevation 10 101 Stone Patio Section N.T.S. Issue Date C) 4-1 o� U ` 75 75 O . r..� O � U " 0 0 O U U, r --q C:) � O Issue Date ®Copyright 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 Sheet L-1 Of one C) U O . r..� '5 O O U O� � O w � N 0 � O ®Copyright 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 Sheet L-1 Of one OW Northeast corner of the auto court f 7..LST•: ��. •,s" W,. �'' �►_F. aw �,.. Terraced Planters the auto court Arrival Steps from the auto court May 17, 2016 - Page 206 of 218 View to the East Arrival Steps and drive f auto court rom the A 7:� O 4-1 CU N � '5 O O O U C6 ® O4-0 '5 �� O =4-4 O � U � Ln 4-1 O V Co U, r - 'C X � C) T � � O Issue Date A 7:� O . r..� '5 O O O U ®Copyright 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 Sheet L-2 Of two � O � O4-0 U � 4-1 O ®Copyright 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 Sheet L-2 Of two REMOVE PORTION OF I I II STONE VENEER AND SILL CAP IN AREA OF I I II DEMO ON UPPER WALL I I II I I II I I I I II I REMOVE EXISTING GRADE I I II d IRRIGATION IN AREA OF NEW TRASH ENCLOSURE I II I I I l I I II I I II I REMOVE PORTION OF LOWER I I II GONG RETAINING BETWEEN I II EXIST CONIC BUTRESS WALL IN I I II PLANTER, VERIFY EXACT I I II LOCATION IN FIELD I I II I I II I I I —------------ –a ------------ I � SILL OF CONCRE WALL BELOW FLUSH FACE OF FRAMING WALL U FACE OF CONCF WALL BELOW CONTINUE CONC SLAB AND DRN PAVERS INTO NE TRASH ENCL08L SLOPE OUT TO DRIVEWAY DRA NEW WOOD CLAI DOORS TO MATS GARAGE IN STY ELEV. NEW CMU BLOCk EXIST GONG WAl TO 6" ABOVE ADJACENT GRA1 NEW 2X6 WALL C BLOCK UP TO E BRG. 0 1' 2' 4' 0 1' 2' 4' TR4SH ENCLOSURE DEMO PLAN TR,4SH ENCLOSURE PLAN 2 SCALE: I/2"=1'-0" 3 SCALE: 1/2"=1'-0" SCALE. 1/2" = 1'-0" SCALE= 1/2" = 1'-0" NEW STANDING SEAL' COPPER ROOF ON OSB ON 2X6 RS TdC ON 3X8 RAFTERS PORTION OF ROOF PEEKING OVER WALL 0 1' 2' 4' TR4SH ENCLOSURE ROOF FL,4N SCALE: 1/2"=1'-0" SCALE= 1/2" = 1'-0" NEW STANDING SEAM COPPER ROOF ON %" OSB ON 2X6 RS ,�T.O. RIDGE T4G ON 3X8 RAFTERS 6X10 RS RDIGE BM NEW 2X6 RS FASCIA 2X8 RS TRIM ,AT.O. EXIST RETAINING WALL 3x8 RS WD JOISTS - - - 2x6 RS T8G SOFFIT 2X RS SIDING t0 MATCH- \ 6 6X10 RS SHOULDER HEADER PER HOME----J—L--- � BM, TYP STRUCT. ,AT.O. BRG +6'_6 6X10 RS SHOULDER BM 2X R5 +41 HOME TRIM TO MATCH — II I I II INFILL ABOVE BUTRESS II I I II = WALL NEW 2 FRAMING III I II T.O. EXIST RETAING WALL I I EXIST GONG BUTRESS WALL, +4' -1" VERIFY EXACT HEIGHT 4 LOCATION IN FIELD 2X RS BUCK FOR DOOR NEW WOOD GATE t0 HINGE ATTACHEMENT- - - - MATCH GARAGE DOORS IN STYLE II - II 2X6 RS BUCK TRIM FOR II _ HINGE ATTACHMENT EXIST DRIVEWAY T.O. EXIST DRIVEWAY _ PAVER I - NEW WOOD GATES WITH WINDOWS TO MATCH GARAGE DOORS IN STYLE, INSTALL BOLD STYLE LATCH (i:TR,4SH ENCLOSURE ELEVATION SCALE- 1/2"=1'-0" May 17, 2016 - Page 207 of 218 REMOVE PORTION OF LOWER CONC RETAINING BETWEEN EXIST GONG BUTRESS WALL IN PLANTER 0 1' 2' 4' SCALE= 1/2" = 1'-0" EXIST CONC J DRIVEWAY EXTEND CONC SUB SLAB INTO NEW TRASH AREA EXTEND DRIVEWAY PAVERS INTO PROPOSED TRASH AREA t5�1NCLOSURE SECTION I'-0" 0 1' 2' 4' SCALE: 1/2" = 1'-011 'nol�- e�04 UNUTKINS 0 r\j 0 0. M0 O� (a a--+ L Cn _0 0 U LLLO = Q / N 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