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HomeMy WebLinkAbout2018-07-05 Agenda and Supporting Documentation Town Council Afternoon AgendaVAIL TOWN COUNCIL REGULAR MEETING Agenda Town Council Chambers 2:00 PM, July 3, 2018 TOWN Of 4IAJt Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. 1. Site Visits 1.1. Town Council site visits to environmentally sensitive lands identified in the 2018 update of the Comprehensive Open Lands Plan. Presenter(s): Chris Neubecker, Interim Community Development Director Background: During the planning process, 106 private, undeveloped properties were identified and studied for potential protection. Of these 106 parcels, 16 are identified in the draft plan for protection. Of the privately owned lands studied, those identified for acquisition or protection include parcels that: • Are located adjacent to Gore Creek or one of its tributaries; or • Benefit wildlife habitat by providing movement corridors or other benefits; or • Are inaccessible due to terrain or ownership, or where access would have negative impacts on the land; or • Include steep slopes or other environmental hazards. 2. DRB / PEC Update 2.1. DRB / PEC Update Presenter(s): Chris Neubecker, Interim Community Development Director 3. Presentations / Discussion 3.1. Joint Meeting with Vail Local Housing Authority to present a conceptual proposal from Gore Creek Partners to the Vail Town Council to sell up to 36 deed -restrictions at 6 West Apartments to the Town of Vail. Presenter(s): George Ruther, Housing Director Action Requested of Council: Is the Town Council interested in further exploring a down valley deed -restriction purchase with Gore Creek Partners, LLC, at the 6 West Apartments in Edwards, Colorado? Background: The objective of the sale/purchase proposal is to address the growing need for resident -occupied, deed -restricted homes for employees working with the Town of Vail. To date, the Town of Vail has not contributed financially to a down valley housing development. 90 min 5 min. 15 min. 3.2. 2018 Updated Housing Policy Statement Discussion. 30 min. July 3, 2018 - Page 1 of 131 Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing Authority Action Requested of Council: Review revised housing policy statements and provide any additional input or feedback. Background: The objective of this exercise is to adopt updated housing policies for the Town of Vail which aid in realizing the vision to be the Premier International Mountain Resort Community and help to achieve the goal of acquiring 1,000 new deed -restrictions by the year 2027. Staff Recommendation: The Vail Local Housing Authority recommends the Vail Town Council adopts the 2018 Housing Policy Statements, as presented. An ordinance adopting the 2018 Housing Policy Statements will be presented for first reading to Council on Tuesday, July 17, 2018. 4. Information Update 4.1. VLHA Meeting Results 5 min. 4.2. May 2018 Sales Tax Report 4.3. April 2018 Vail Business Review 4.4. June Revenue Update 4.5. Quarterly Investment Results 5. Matters from Mayor, Council and Committee Reports 6. Consent Agenda 6.1. Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla; and Setting Forth Details in Regard Thereto 6.2. Resolution No. 27 Series of 2018, A Resolution Approving an Intergovernmental Operations Agreement Red Sandstone Elementary School Parking Structure (the "Agreement"); and Setting Forth Details in Regard Thereto 6.3. Resolution No. 28, Series of 2018, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement ("I GA") Between the Town of Vail and Regional Hazardous Materials Association of Colorado; and Setting Forth Details in Regard Thereto. 7. Town Manager Report 7.1. Town Manager Report 5 min. 7.2. Draft RFP for Civic Plan Area 30 min. Presenter(s): Greg Clifton, Town Manager and Chris Neubecker, Interim Community Development Director July 3, 2018 - Page 2 of 131 8. Recess 8.1. Recess 5:00 p.m. Dinner will be provided for Town Council Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website wwwvailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. July 3, 2018 - Page 3 of 131 TOWN Of UAIL VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Council site visits to environmentally sensitive lands identified in the 2018 update of the Comprehensive Open Lands Plan. PRESENTER(S): Chris Neubecker, Interim Community Development Director BACKGROUND: During the planning process, 106 private, undeveloped properties were identified and studied for potential protection. Of these 106 parcels, 16 are identified in the draft plan for protection. Of the privately owned lands studied, those identified for acquisition or protection include parcels that: • Are located adjacent to Gore Creek or one of its tributaries; or • Benefit wildlife habitat by providing movement corridors or other benefits; or • Are inaccessible due to terrain or ownership, or where access would have negative impacts on the land; or • Include steep slopes or other environmental hazards. ATTACHMENTS: Description Open Lands Tour Route Open Lands Site Visit Map July 3, 2018 - Page 4 of 131 Open Lands Plan — Driving Route July 3, 2018 Start at Action Item #13 (in Vail Village) then: West on W. Meadow Drive to Action Item #12 near Dobson Ice Arena West on S. Frontage Road to Matterhorn Circle, Loop around Matterhorn Circle West on S. Frontage Rd to Conoco (Stop at Conoco - view Action Item #2), N. Frontage Road in West Vail, along east along Chamonix Lane to Action Item #5 at Chamonix Lane and Buffehr Creek Rd. Stop at Buffehr Creek Bus Stop N. Frontage Rd. east to Red Sandstone Rd. to Vail View Dr. (Action Item #10) Left on Vail View Dr.(Stop at new Bus Shelter) Lions Ridge Loop, back to N. Frontage Rd. East on N. Frontage Road to the mid Vail interchange, to S. Frontage Road heading east, to Action Item #17 (stay on Frontage Rd) S. Frontage Rd. east to Vail Mountain School (Action Item #19) N. Frontage Rd. east to East Vail Housing parcel (Action Item #24) Cross under at East Vail interchange, to Bighorn Rd. Look at Parcel #20 from Bighorn Rd. (can turn right onto Bridge Rd. and Lupine Dr. if needed to see the pond, Action Item #20, or park at TOV parking lot) East to Columbine Drive (Action Item #21) Across Bighorn Rd. to Columbine Dr. and Spruce Way • Action Item #22 (Visible across valley) • East on Bighorn Road, stop on Bighorn Road behind Vail Racquet Club. (Action Item #25, best viewed from Bighorn Road) • East on Bighorn Road, right on Main Gore Drive • Right on Meadow Drive • Left on Meadow Lane (View Action Item #27 behind homes on Meadow Lane) • Left on Meadow Drive, stop at Vail Racquet Club swimming pool (view Action Item #26, across from pool) Back to Municipal Building July 3, 2018 - Page 5 of 131 Open Lands Plan Site Visits 7/3/18 Town Council Route Map Directions: 1. Action Item #13 — Small parcel of land on Gore Creek at International Bridge. 2. Action Item #12 — Parcel along Middle Creek east of Dobson Ice Arena. 3. Action Item #8 — Undeveloped lot on Matterhorn Circle. 4. Action Item #2 — Steep land behind Cortina Lane with no legal access. (Best viewed from Conoco Station.) 5. Action Item #5 — Corner lot at intersection of Buffehr Creek Drive and Chamonix Lane. 6. Action Item #10 — Steep lot above Sandstone Drive. 7. Action Item #17 — Small parcel of land immediately adjacent to the Vail Golf Course. 8. Action Item #19 — Steep lot in the Booth Falls neighborhood, with limited access and within rockfall hazard area. Very limited development potential. 9. Action Item #24 — East Vail Housing parcel, owned by Vail Resorts. July 3, 2018 - Page 6 of 131 10. Action Item #20 — Lot at end of Lupine Drive with existing pond. 11. Action Item #21— Property owned by the Bighorn Mutual Sanitation and Recreation Company, including pond across Columbine Drive from East Vail Fire Station. 12. Action Item #22 — Large, steep parcel with no current legal access, behind Columbine Drive and Nugget Lane. Property is within debris flow, avalanche, and rockfall hazard areas. 13. Action Item #23 — Property owned by Colorado Department of Transportation (CDOT). Property has potential for development. Property is bisected by Bighorn Creek. 14. Action Item #25 — Between Vail Racquet Club and Bighorn Road. Mostly within floodplain for Gore Creek. 15. Action Item #26 — Parcel directly across Meadow Drive from Vail Racquet Club swimming pool. Avalanche hazard area, rockfall hazard area, debris flow, and possible wetlands. 16. Action Item #27 — Steep parcel behind Meadow Lane. Rockfall and avalanche hazards. Open Lands Plan Site Visits 7/3/18 Town Council Route Map Directions: 1. Action Item #13 — Small parcel of land on Gore Creek at International Bridge. 2. Action Item #12 — Parcel along Middle Creek east of Dobson Ice Arena. 3. Action Item #8 — Undeveloped lot on Matterhorn Circle. 4. Action Item #2 — Steep land behind Cortina Lane with no legal access. (Best viewed from Conoco Station.) 5. Action Item #5 — Corner lot at intersection of Buffehr Creek Drive and Chamonix Lane. 6. Action Item #10 — Steep lot above Sandstone Drive. 7. Action Item #17 — Small parcel of land immediately adjacent to the Vail Golf Course. 8. Action Item #19 — Steep lot in the Booth Falls neighborhood, with limited access and within rockfall hazard area. Very limited development potential. 9. Action Item #24 — East Vail Housing parcel, owned by Vail Resorts. July 3, 2018 - Page 7 of 131 10. Action Item #20 — Lot at end of Lupine Drive with existing pond. 11. Action Item #21— Property owned by the Bighorn Mutual Sanitation and Recreation Company, including pond across Columbine Drive from East Vail Fire Station. 12. Action Item #22 — Large, steep parcel with no current legal access, behind Columbine Drive and Nugget Lane. Property is within debris flow, avalanche, and rockfall hazard areas. 13. Action Item #23 — Property owned by Colorado Department of Transportation (CDOT). Property has potential for development. Property is bisected by Bighorn Creek. 14. Action Item #25 — Between Vail Racquet Club and Bighorn Road. Mostly within floodplain for Gore Creek. 15. Action Item #26 — Parcel directly across Meadow Drive from Vail Racquet Club swimming pool. Avalanche hazard area, rockfall hazard area, debris flow, and possible wetlands. 16. Action Item #27 — Steep parcel behind Meadow Lane. Rockfall and avalanche hazards. VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB / PEC Update PRESENTER(S): Chris Neubecker, Interim Community Development Director ATTACHMENTS: Description June 20, 2018 DRB Meeting Results June 25, 0218 PEC Meeting Results TOWN OF 1 X41 July 3, 2018 - Page 8 of 131 TOWN OF UAJt DESIGN REVIEW BOARD June 20, 2018, 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Present: Doug Cahill, David Campbell, Bill Pierce, Peter Cope Absent: John Rediker 2. Project Orientation 2.1. 1:30 PM 3. Site Visits 3.1. 3976 Lupine Drive - West Lupine LLC 3.2. 1337 Vail Valley Drive - Ozardam Investments LLC/Claire Foster Evans Trust 3.3. 241 East Meadow Drive - Vail Transportation Center 3.4. 2019 Chamonix Lane - Wohnlich & Moe Residences 3.5. 2841 Basingdale Boulevard - Moore Residence 3.6. 846 Forest Road - Eagle River Water & Sanitation District 4. Main Agenda 4.1. DRB18-0153 - West Lupine LLC Conceptual review of a new duplex Address/Legal Description: 3796 Lupine Drive/Lot 7, Bighorn Subdivision 2nd Addition Applicant: West Lupine LLC Planner: Justin Lightfield 4.2. DRB18-0185 - Jeranko Residence Final review of new construction Address/Legal Description: 5128 Grouse Lane/Lot 8, Block 1, Gore Creek Subdivision Applicant: Stanley & Karen Jeranko, represented by Martin Manley Architects Planner: Justin Lightfield Doug Cahill moved to table to July 18, 2018. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker July 3, 2018 - Page 9 of 131 4.3. DRB18-0189 - Nugent Residence Final review of an addition Address/Legal Description: 742 Sandy Lane/Lot 3, Vail Potato Patch Filing 2 Applicant: Dale & Elizabeth Nugent, represented by Martin Manley Architects Planner: Justin Lightfield Doug Cahill moved to table to July 18, 2018. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.4. DRB18-0190 - Ozardam Investments LLC/Claire Foster Evans Trust Final review of an addition Address/Legal Description: 1337 Vail Valley Drive Units 1 & 2/Lot 4, Block 3, Vail Valley Filing 1 Applicant: Ozardam Investments LLC/Claire Foster Evans Trust, represented by Studio Spinnato Planner: Justin Lightfield 1. Applicant shall provide consistency with stone, railings, garage doors and colors. Doug Cahill moved to approve with conditions. Peter Cope seconded the motion and it passed (4-0). Absent(1) Rediker 4.5. DRB18-0223 - Moore Residence Final review of new construction Address/Legal Description: 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision Applicant: Michael & Yoshimi Moore, represented by I ntermetrix Investments Planner: Justin Lightfield Doug Cahill moved to table to July 18, 2018. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.6. DRB18-0139 - Wohnlich & Moe Residences Final review of an addition & exterior alteration Address/Legal Description: 2109 Chamonix Lane/Lot 29, Buffehr Creek Resubdivision Applicant: Martin Wohnlich & Warren Moe, represented by Victor Mark Donaldson Architects Planner: Jonathan Spence Doug Cahill moved to table to July 18, 2018. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.7. DRB18-0203 - Lodge at Vail July 3, 2018 - Page 10 of 131 Final review of an exterior alteration (fence) Address/Legal Description: 174 Gore Creek Drive/Lot 1, Lodge Subdivision Applicant: The Lodge at Vail Planner: Jonathan Spence This application was withdrawn from this meeting at the applicant's request. 4.8. DRB18-0225 - Eagle River Water & Sanitation District Final review of an exterior alteration (phased landscape improvements) Address/Legal Description: 846 Forest Road/Lot 1, Eagle River Water & Sanitation District Subdivision Applicant: Eagle River Water & Sanitation District, represented by Zehren & Associates Planner: Jonathan Spence Doug Cahill moved to approve. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.9. DRB18-0216 - Solar Vail Final review of a change to approved plans (design change) Address/Legal Description: 501 North Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 2 Applicant: Sonnenalp Properties, Inc., represented by GPSLArchitects Planner: Chris Neubecker Doug Cahill moved to approve. David Campbell seconded the motion and it failed (2-2). Ayes: (2) Cahill, Campbell Nays: (2) Cope, Pierce Absent(1) Rediker 4.10. DRB18-0226 - Mailman Residence Final review of an addition Address/Legal Description: 1543 Matterhorn Circle Unit 6/Lot 6, Parkside Villas Applicant: Thomas L. Mallman 1978 Trust, represented by GPS Designs LLC Planner: Chris Neubecker Doug Cahill moved to approve. David Campbell seconded the motion and it passed (4-0). Absent(1) Rediker 4.11. DRB18-0237 - Vail Transportation Center Final review of a change to approved plans (HVAC elevation) Address/Legal Description: 241 East Meadow Drive/Tract B & C, Vail Village Filing 1 Applicant: Town of Vail, represented by Crown Castle July 3, 2018 - Page 11 of 131 Planner: Chris Neubecker 1. Paint to match green David Campbell moved to approve with conditions. Peter Cope seconded the motion and it passed (2-1). Ayes: (2) Campbell, Cope Nays: (1) Cahill Abstair(1) Pierce Absent(1) Rediker 5. Staff Approvals 5.1. DRB18-0160 - Treakle Residence Final review of an exterior alteration (deck/repaint) Address/Legal Description: 5064 Black Gore Drive Units A & B/Lot 4, Vail Meadows Filing 1 Applicant: Robert Treakle Planner: Justin Lightfield 5.2. DRB18-0187 - McKibben Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 5095 Main Gore Drive South Unit B/Lot 28, Vail Meadows Filing 1 Applicant: Frank & Ellen McKibben, represented by Ceres Landcare Planner: Justin Lightfield 5.3. DRB18-0196 - Kesavan Residence Final review of an exterior alteration (patio door) Address/Legal Description: 114 Willow Road Unit 660-661/Lot 7, Block 6, Vail Village Filing 1 Applicant: Srinivasan & Amy Kesavan, represented by Renewal by Andersen Planner: Jonathan Spence 5.4. DRB18-0211 - Proctor Hutto Residence Final review of a change to approved plans Address/Legal Description: 2014 West Gore Creek Drive Unit 5/Lots 41-43, Vail Village West Filing 2 Applicant: Holly Proctor, represented by Martin Manley Architects Planner: Chris Neubecker 5.5. DRB18-0219 - Baggaley Residence Final review of an exterior alteration (deck/hot tub) Address/Legal Description: 4352 Spruce Way Unit 5/Lot 9, Block 3, Bighorn Subdivision 3rd Addition Applicant: Jason & Jacqui Baggaley, represented by Gore Creek Properties Planner: Justin Lightfield 5.6. DRB18-0224 - Stuper Residence Final review of an exterior alteration (path/retaining wall/windows) Address/Legal Description: 786 Potato Patch Drive/Lot 14, Block 1, Vail July 3, 2018 - Page 12 of 131 Potato Patch Filing 1 Applicant: Andrew & Wanee Stuper Trust of March 2010, represented by Benchmark Custom Builders, Inc. Planner: Jonathan Spence 5.7. DRB18-0227 - Wren House Association Final review of an exterior alteration (stairs/landscaping) Address/Legal Description: 5024 Main Gore Drive South/Lot 7, Block 2, Gore Creek Subdivision Applicant: Bob Oppenheimer Planner: Justin Lightfield 5.8. DRB18-0228 - Morken Residence Final review of an exterior alteration (restucco) Address/Legal Description: 4595 Bighorn Road Unit A-E/Lot 3-5, Block 1, Bighorn Subdivision 3rd Addition Applicant: Jonathan Morken Planner: Chris Neubecker 5.9. DRB18-0230 - Mountain Meadow Condominiums Final review of an exterior alteration (paint) Address/Legal Description: 4682 Meadow Drive/Mountain Meadow Condominiums Applicant: Mountain Meadow Condominiums, represented by McNeill Property Management Planner: Jonathan Spence 5.10. DRB18-0231 - Smith Residence Final review of an exterior alteration (A/C units) Address/Legal Description: 44 West Meadow Drive Units 1 & 2/Lot I, Vail Village Filing 2 Applicant: Michael S. & Iris Smith, represented by R.A. Nelson Planner: Chris Neubecker 5.11. DRB18-0232 - Solaris Property Owner LLC Final review of a sign (Lole) Address/Legal Description: 141 East Meadow Drive Unit 112/Lot P, Block 5D, Vail Village Filing 1 Applicant: Christian LeFebvre Planner: Jonathan Spence 5.12. DRB18-0233 - Galvin Residence Final review of a change to approved plans (utility/trash/exterior) Address/Legal Description: 303 Gore Creek Drive Unit 12/Lot 12, Block 5, Vail Village Filing 1 Applicant: Michael P. Galvin, represented by KH Webb Architects Planner: Jonathan Spence 5.13. DRB18-0236 - Elevated Dental Final review of a sign Address/Legal Description: 2109 North Frontage Road West/Vail Commons July 3, 2018 - Page 13 of 131 Condominiums Applicant: Justin Moses Planner: Jonathan Spence 5.14. DRB18-0238 - Cahalin Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 1816 Sunburst Drive/Lot 1, Vail Valley Filing 3 Applicant: John Cahalin, represented by Ceres Landcare Planner: Jonathan Spence 5.15. DRB18-0239 - Yare Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 2434 Chamonix Lane/Lot 11, Block B, Vail Das Schone Filing 1 Applicant: Mark Yare, represented by Old Growth Tree Service Planner: Jonathan Spence 5.16. DRB18-0240 - Morley Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 1458 Greenhill Court/Lot 21, Glen Lyon Subdivision Applicant: Rebecca & Andrew Morley, represented by Ceres Landcare Planner: Chris Neubecker 5.17. DRB18-0241 - Langmaid Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 2940 Manns Ranch Road Unit 2/Lot 9, Block 1, Vail Village Filing 13 Applicant: Charles & Patricia Langmaid, represented by Ceres Landcare Planner: Chris Neubecker 5.18. DRB18-0242 - Breakaway West Condominiums Final review of a change to approved plans (siding) Address/Legal Description: 963 Lions Ridge Loop/Lot B3, Block B, Lion's Ridge Subdivision Filing 1 Applicant: Breakaway West Condo, represented by Pierce Architects Planner: Jonathan Spence 5.19. DRB18-0243 - Sun Dial Capital LLC Final review of an exterior alteration (deck/railing) Address/Legal Description: 1645 Golf Terrace Unit J34/Lot 1, Sunburst Filing 3 Applicant: Sun Dial Capital LLC, represented by Jeff Lutz Builders, Inc. Planner: Chris Neubecker The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call 970-479-2138 for additional July 3, 2018 - Page 14 of 131 information. Sign language interpretation available upon request with 24-hour notification, dial 711. July 3, 2018 - Page 15 of 131 PLANNING AND ENVIRONMENTAL COMMISSION TOWN OF,,,DJune 25, 2018, 1:00 PM Town Council Chambers 75 S. Frontage Road -Vail, Colorado, 81657 1. Call to Order Present: Brian Gillette, Pam Hopkins, Ludwig Kurz, Rollie Kjesbo, Karen Perez, Brian Stockmar Absent: John -Ryan Lockman 2. Site Visits 2.1. Site Visit - 2841 Basingdale Boulevard 3. Main Agenda 3.1. Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advise 10 min. on specific legal matters Re: parking issues. Applicant: Planner: Cancelled as Matt Mire unable to attend. 3.2. A request for the review of a Major Exterior Alteration, pursuant to Section 12-7H-7, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two (2) back of house offices to two (2) Accommodation Units, located at 715 West Lionshead Circle/West Day Subdivision (Vail Marriott Mountain Resort), and setting forth details in regard thereto. (PEC 18-0024) Applicantfliamondrock Vail Owner LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 1. The applicant shall mitigate the impact on employee housing of this development in accordance with the provisions of Chapter 12-23, Commercial Linkage, Vail Town Code prior to the issuance of any building permit. 2. The Transportation Impact Fee shall be paid to the Town of Vail by the applicant prior to issuance of any building permit. Planner Spence began by introducing the application and gave a presentation with the plans and drawings. Spence stated a major alteration is necessary when adding accommodation units. Spence added the project has ample GRFA for the conversion. The newly adopted transportation fee is applicable for the project. Dominic Mauriello confirmed altering offices to two accommodation units. He provided no further presentation. Kurz confirmed no public input. 15 min. July 3, 2018 - Page 16 of 131 PEC Comments Kjesbo — The application is straight forward. No comments. Gillete — Agree Stockmar — No comments. Perez — No comments. Hopkins — No comments. Kurz — Believes the applicant is complying with employee housing and transportation provisions. Gaining two accommodation units is a positive for the Town. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman 3.3. A request for the review of an Exemption Plat, pursuant to Section 13-12-3, Plat Procedure and Criteria for Review, Vail Town Code, to incorporate a portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing into the existing property located at 366 Hanson Ranch Road/Lot d, Block 2, Vail Village Filing 1, and setting forth details in regard thereto. (PEC18-0025) ApplicantVailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence Planner Spence began by introducing the application and stated it would be best to discuss Items 3.3 and 3.4 together. Spence presented three correspondences provided to Staff through email. He then presented an overview of both items. Rick Pylman, representative of the applicant, provided a presentation to the PEC. Pylman provided history on 366 Hanson Ranch Road. Lot D was originally sold by Vail Associates in 1963, prior to zoning and subdivision regulations. Prior to incorporation into the Town, Lot D was subdivided. There are three parcels that were split off from Lot D. Pylman stated there has been a fence area around the Lot for a long time and many subsequent owners. Pylman clarified the areas around the Lot has been zoned Public Accommodation. The blue area shown is the original deeded property, the hatched areas, which are fenced, are outside the deeded area. Pylman stated the area will all be zoned Public Accommodation. Pylman stated there are covenants on D-1 and the subject property. The applicant stated the covenants remain unaffected. Spence added the covenants will remain unaffected per speaking with the Town Attorney as well. He added this is private space. Stockmar asked is there an anticipation of a potential expansion to the house? Pylman stated the lot becomes conforming to the minimum lot size. 15 min. July 3, 2018 - Page 17 of 131 Stockmar stated the house is at its maximum for GRFA. Gillete asked if there is a such thing as Private Open Space. Spence stated we should clarify the zoning of the property since 1971 has been as error since following the meets and bounds description. Staff believes the property within the fence is private side and backyard, not Open Space. Perez asked why is the applicant replatting but not replatting into the correct zone district. Spence — The request to plat is to combine the two lots. The appropriate zoning for this property per the adopted plans is PA. Hopkins — Asked why the zone district is changing with this application. Spence — Staff stated we do not allow properties to have multiple zoning. He also clarified the hatched area of the fence now has a legal description and is a parcel with the court's description. The hatched area is now under the ownership of 366 Hanson Ranch Road after court order. Perez — Are there any development agreements with Vail Resorts that affect private agreements? Spence — There was a workshop meeting with Town Council to discuss the covenants that existed at that time and present day. Pylman — Stated the client is looking at the possibility of building a lodging type use within the site. Stockmar — Asked if there is something happening in the background outside of the application, such as expanding GRFA. Spence — Clarified its current use as Single Family would not allow expansion. There are underlying covenants that severely restrict future development. Kjesbo — If the applicant were to build in the future, Kjesbo clarified the setbacks for the zone district. Kurz — Asked Spence to clarify the notice requirements of the PEC. Spence — Listed the recipients of the notice, which met all requirements of the Code. Pylman — Did add the newspaper notice was met as well. Public Comment Carol Krueger — Kruger was one of the email correspondents with staff. She asked what reasonable expectations for redevelopment could occur on the site. Kruger then explained the history of Lot D. She asked the Town to be clear what the expectations are as this property has been zoned Open Space. She asked does the Town intend for this property to remain Open Space in the future. Kruger stated a plat restriction was a viable option. July 3, 2018 - Page 18 of 131 Spence — Private covenants and zoning are two separate matters. As far as open space, covenants relate to above ground improvements. The expectation for a redevelopment is that the lot will be developed per the lot's zone district. The Town generally does not zone a private space as Open Space. Gillete — How is the private open space maintained through a development, such as Grand Traverse. Spence — It would not be a rezoning, but would be an amendment to the development plan. Hopkins —Asked what would happen if the Town did not vote to change the zoning. Spence — Explained the consequences of not voting for approval of the application. Spence stated the Town of Vail is a party to the covenants, including members of the subdivision and different layers. Gillette —Asked how the PEC would preserve the open space. Spence — Stated this has functioned as private property. It has the zoning of Agricultural and Open Space. The historic property line has existed for over 50 years and has been perceived as private open space as the backyard of the single family home. Sarah Baker (Attorney for the applicant)— To enforce the covenant is the best way to verify the area is not developed in the future. Stated the Town has enforceable covenants which it can enforce. Gillette —Asked if the applicant would plat the area as Open Space. Stockmar — Stated the PEC has not seen the covenants. Spence —Added the covenants should not influence the PEC's decision today. Sarah Baker — Explained the three covenants. Kurz — Stated the PEC is asked to review what is before the PEC today. The PEC is now faced with cleaning up something that was created 50 years ago. Kurz stated the PEC look at the two items (3.3 and 3.4) together and vote on the direction that the PEC has been asked today or table if the public has not been provided enough information. Stockmar — Stated this is a difficult parcel with much time that has passed since this has been done. Spence — Clarified that Commissioner Stockmar is referring to one owner. Stockmar — Wants to know the history and what is going on present day. He is trying to figure out what is going on and cannot make a decision based on uncertainties. Spence — Stated you are being asked today to vote on a consolidated exemption plat and a recommendation to Town Council for a rezoning. July 3, 2018 - Page 19 of 131 PEC Comment Gillette — A split rail fence should not dictate the Town of Vail zoning Code. Stated it should remain the way it is today. The intent that the area was intended to be Open Space and should remain as open space. Stockmar — Stated the PEC look at tabling the application and have the applicant provide the applicable covenants. Perez — Asked for the "linked commitment" Baker — Stated she could read the three covenants. Baker then read the applicable private covenant recorded July 8, 1963, which references the south area, not D-1. Baker then read the covenant for Tract E. Baker read the covenant from 1971. Gillette — The PEC cannot enforce the covenants, but can enforce open space. Kjesbo — Stated he believes it should be consolidated. The PEC cannot deal with private covenants, but they are in place. He stated he would like to see the application approved. Hopkins — The zoning was implemented in 1971 around the Tivoli. It was intended for the area to be open space and she wants to preserve the area. Hopkins wants to enforce the covenants around D-1. It is one of the few cut through points to the mountain during the winter. Kurz — Agrees with Kjesbo. Stated he had a concern earlier with notification and stated notices were given appropriately and on time. The fact that the PEC received three letters today, means the PEC should not table today due to the notice. Nuebecker — Stated the PEC should focus on the zoning criteria. Perez — Asked who is in violation to the view corridor. Spence — Confirmed there is no view corridor on site. The existing covenants and zoning would provide development standards and protections. Hopkins — Asked about the potential to build a 24' wide drive aisle near the trail. Stockmar — It appears the applicant has met the requirements that are necessary to be met. Kurz — Stated the PEC should not ignore the findings provided by Staff. The decision should be based on Staff's findings and the criteria provided. Gillete — Motioned for denial based on Goal #4 of the Vail Village Master Plan. The motion failed without a second. Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it passed (4-2). Ayes: (4) Hopkins, Kjesbo, Kurz, Stockmar Nays: (2) Gillette, Perez July 3, 2018 - Page 20 of 131 Absent: (1) Lockman 3.4. A request for a recommendation to the Vail Town Council for a zone district 20 min. boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of two parcels of land located in the vicinity of 366 Hanson Ranch Road; A portion of Lot d-1, Block 2, Vail Village Fifth Filing and a portion of Tract E, Vail Village Fifth Filing. The rezoning will change the Zone District from Agriculture and Open Space (A) District to the Public Accommodation (PA) District, and setting forth details in regard thereto. (PEC18-0022) ApplicantVailPoint LLC, represented by Pylman & Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to approve. Brian Stockmar seconded the motion and it failed (3-3). Ayes: (3) Kjesbo, Kurz, Stockmar Nays: (3) Gillette, Hopkins, Perez Absent: (1) Lockman 3.5. A request for review of Major Exterior Alteration, pursuant to Section 12-7B- 45 min. 7, Exterior Alterations or Modifications, Vail Town Code, to allow for construction of a new multifamily structure with below grade parking, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0016) The applicant is returning to the PEC to discuss discreet elements of the project. No request for formal action is being made at this time. Staff requests that this item be continued to the July 9, 2018 Planning and Environmental Commission meeting. ApplicantBattle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence https://www.youtube.com/watch?v=OanGZnfflns&t=11s (Video of automated parking system) Planner Spence began by introducing the application and gave a brief overview. Tom Braun then spoke on behalf of Battle Mountain LLC. Braun wanted a follow up to what happened at the previous PEC meeting. The applicant made refinements to the plans and intends to present the revised plans today. Braun walked the PEC through today's agenda covering discussion topics from the 6/11 staff memo. Today's follow up discussion will cover live beds, setback variance/west wall, and roof and wall interface. Setback Variance — The site plan shows unified development at the site. The setback allows for the sites to be merged together. Braun showed several different solutions to the large western wall, including a mountain graphic profile. Kurz — Stated Braun has addressed the PEC's original comment. Stockmar agreed. Roof/Wall Interface — Stated the applicant looked at a lot of different solutions. The south elevation was shown. The dormer brought out to edge July 3, 2018 - Page 21 of 131 and removed large eave line. Stockmar — Stated the applicant accommodated the PEC's request and is moving in the right direction. Spence — Staff has had the opportunity to review what the PEC sees before them today. Staff is supportive of the changes. Roof Material and Snow Shedding — Braun shared photos from other examples of buildings in Town showing the material. North Elevation — The rendering shows changes to windows and the dormer added. This shows the reduction in balconies and windows to reduce intrusion of the property to the north. Automated Parking —Automated is used to increase efficiencies, particularly when working with a small lot and dense areas. There has been a rapid increase in automated systems in the United States. Braun then shared a video of the automated system. Braun stated two cars can move simultaneously with two elevators. The technology will either be ticket based or fob based systems. Gillette — Asked if a traffic study would be completed to study the demand ratio to number of cars would work in the Town of Vail. Braun — Stated the system can park a car within 90 seconds. The parking is not for retail parking. Gillette — Asked if City Lift has dealt with a large amount of silt and salt during the winter months. Braun — Maintenance occurs quarterly, but the rate can be increased, if necessary during the winter months. A system has been installed in Wisconsin and has been running well, even during the winter months. On the operations side, most issues are fixed on a computer in LA. One example is a switch goes out, then a local service provider is sent on sight. Stockmar — Confirmed access will be taken from the existing alley, which is a nightmare currently when traffic backs up. Braun — A good portion of the alley is in the shade. The alley will be heated to address the past ice issues. Stockmar — Asked how will parking violations be avoided in the future along the alleyway. Braun — Both parties will remedy the situation in the future. Kjesbo — Asked if a ramp system would work? Kit Austin — Pierce Architects looked at ramp systems and the ramp would be inefficient, if not impossible. Braun — Confirmed there will be two elevators for the cars. Stockmar — Asked if there will be a connection to the property to the west. July 3, 2018 - Page 22 of 131 Braun — Confirmed there will be no connection. Pay in Lieu Parking — Parcels in green are the Village Core Area and a few areas to the eastern side of Lionshead to be within the zone. Parking cannot be located on the sites within the zone. Braun explained the rationale for the amendment for the area to be removed from the pay in lieu area. Existing/Interim/Proposed Parking — Braun presented existing parking spaces, including the following: Launch — 52 spaces Lazier — 91 spaces • Total — 143 spaces Proposed Parking includes a total of 71 spaces or more. 91 spaces are currently shown on plans. PEC Comments Kjesbo — Asked can the PEC provide the applicant how to allocate parking. Spence — No Stewart McNab — Stated there is more than the Launch application. Requested a Condition of approval — parking should match at least the number that is there currently. Spence — The review of the demo of the top deck is not under the purview of the PEC and there is no time limit of when it should be replaced with redevelopment. Stockmar — Stated staff provided the PEC with parking plans during the interim highlighted in the memo. Dale Bugby — Stated parking in Lionshead is in high demand and of high value. The original letter than talked about 69 spaces needed to be protected on the site. There are now four buildings without parking spaces that cannot be utilized today. Concerned about closing ramp, which is an access point for his property. Gillette — Asked if Matt Mire will be at the next meeting. Spence — Stated it will be an executive session and specific questions should be highlighted before meeting with the Town Attorney. Bob Lazier — Stated 69 spaces for Lift House is not the correct number. Parking will be covered in the future by replacing what is there currently with the same number, if not more parking. PEC Comment Kjesbo — The applicant reviewed the PEC's questions. He is still mixed on mechanical parking, but understands why the applicant needs to do it. Still questions the north side from a design perspective, but the DRB will review the elevation. The applicant addressed the roof very well and looks forward to the final design. July 3, 2018 - Page 23 of 131 Gillette — No comment. Stockmar — Thanked the applicant for resolving the lid issue. The north facade is still boring, but it is outside the PEC's purview to address. He has seen the automated parking work over the years, even in bigger buildings. Perez — Thanked Staff and the applicant for addressing concerns. Concerned though over the size of the parking garage due to the large number of visitors. Perez asked for clarification over size of vehicles and if the garage can accommodate most vehicles. Kjesbo — Worried about sludge and maintenance of the automated garage. Asked how long it could take to fix an issue with the garage. Hopkins—Appreciated the changes and the plans are getting better. Kurz — Believed the building is more appealing today than at the last meeting. Kurz would like to see more in terms of the automated parking video and how it would work in Vail's environment. Additionally, how the winter climate will impact the garage with slug and build up. He stated there are 69 spaces for Lift House and others state this is not correct. He would like to see the parking issue agreed to by all parties. Braun — Stated he and the applicant will return with more information on the parking system. Braun stated he wants to focus on Launch's property today, not Bob's project. Kjesbo — Stated if the applicant meets the parking requirement, the PEC should not have to review private agreements. Staff requests all four items be tabled to July 9 meeting. Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.6. A request for review of a final plat, pursuant to Title 13 Chapter 4, Minor Subdivisions, Vail Town Code, to allow for a subdivision to reconfigure the property lines between two (2) development lots located at 500 & 534 East Lionshead Circle/Lots 1,2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0017) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 5 min. July 3, 2018 - Page 24 of 131 3.7. A request for a recommendation to the Vail Town Council for a prescribed regulations amendment to Section 12-10-16 Exempt Areas; Parking Fund Established, Vail Town Code, pursuant to Section 12-3-7 Amendment, Vail Town Code, to remove Lot 1A, Lot 2A and Tract K of a Resubdivision of Vail Lionshead, Block 1, from the "parking pay -in -lieu" zones for parking regulations purposes, and setting forth details in regard thereto. (PEC18- 0019) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicantiazier Lionshead LLC & Battle Moutnain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.8. A request for the review a variance from Section 12-7H-10, Setbacks, Vail Town Code, pursuant to Title 12 Chapter 17, Variances, Vail Town Code, to allow for a rear setback of zero feet (0') where ten feet (10') is required for a new multifamily structure, located at 534 East Lionshead Circle/Lot 2 and 3, Block 1, Vail Lionshead Filing 1, and setting forth details in regard thereto. (PEC18-0018) Staff will not be providing a staff memorandum for this item. Staff requests that the Planning and Environmental Commission continue this item to the July 9, 2018 meeting. Applicant$attle Mountain LLC, represented by Braun Associates, Inc. Planner: Jonathan Spence Rollie Kjesbo moved to table to July 9, 2018. Brian Stockmar seconded the motion and it passed (6-0). Absent: (1) Lockman 3.9. A report to the Planning and Environmental Commission on the Administrator's approval of an amendment to an existing Conditional Use Permit, pursuant to Section 12-8B-3, Conditional Uses; Accessory buildings (permanent and temporary), Vail Town Code, to allow for the replacement of the existing golf starter shack with a new starter shack building at the Vail Golf Course, located at 1655 Sunburst Drive, a collection of platted and unplatted parcels (a complete legal description is available at the Community Development Department Office), and setting forth details in regard thereto. (PEC 18-0023) Applicantl/ail Golf Course, represented by Pierce Architects Planner: Justin Lightfield Kjesbo recused himself as a member of the Vail Rec. Board Planner Lighfield explained the project and staff's action. Kit Austin explained that it would not impact the course or play. 5 min. 5 min. 5 min. July 3, 2018 - Page 25 of 131 Stockmar questioned the heaviness of the roof. No formal action taken. 3.10. A request for review of a variance from Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes, Vail Town Code, to allow for more than ten percent (10%) of the total site area to be covered by driveways and surface parking, located at 2841 Basingdale Boulevard/Lot 3, Block 8, Vail Intermountain Development Subdivision, and setting forth details in regard thereto. (PEC18-0020) ApplicantiVlichael & Yoshimi Moore, represented by Visual I mpax Planner: Justin Lightfield Variance 1: Section 12-21-12, Restrictions in Specific Zones on Excessive Slopes 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. Brian Stockmar moved to approve with conditions. Brian Gillette seconded the motion and it passed (6-0). Absent: (1) Lockman Variance 2: Section 14-3-1, Minimum Standards, Curb Cuts 1. Approval of this variance is contingent upon the applicant obtaining Town of Vail design review approval for this proposal. 2. Approval of this variance is contingent upon the applicant obtaining Eagle River Water & Sanitation District approval for this proposal. 3. The square footage of the hammerhead driveway shall be reduced and landscaping shall be added between the hammerhead and the public road. 4. Curb and gutter shall go from the western corner of the subject property to the eastern corner of Rush Condominium lot. The improvement costs shall not be borne by the Town of Vail. 5. The parking spaces shall be labeled for each individual condo owner at the Rush Condominiums (1-4). 6. The plan to be approved by the Design Review Board shall incorporate all practical measures to prevent additional parking anywhere to the east of the proposed garage. 30 min. July 3, 2018 - Page 26 of 131 Planner Lighfield spoke to the changes since the last meeting. The applicant, Scott Handler with Visual Impaxwalked the commission through the changes, primarily to the parking layout. A brief discussion of the fire hydrant was held. Hopkins asked about the location of the stairs and trash in relation to the parking and garbage containers. The applicant provided clarification. Stockmar asked about the existing parking conditions, double parking etc. Tom Kassmel spoke to it occurring elsewhere in town and feels that the proposal will be an improvement. Spoke to the possibility of curb and gutter. The applicant spoke to the solution to the double parking situation. Hopkins asked about snow removal. Gillette spoke to the purpose of the variance and one parking space per unit. Hopkins spoke to the lack of a hammerhead and the excessive amount of pavement to the west. Gillette clarified the request to remove pavement and replace with landscaping. Kassmel spoke to the number of parking spaces required and vehicle movement. The applicant spoke to his willingness to change the plans but thought it would not be approved by the Town Engineer. Hopkins asked that the DRB be directed to address access to the condos and the west pavement. Perez is struggling and feels that the project has gone backwards. Too much parking. Recommends a reduction in pavement. Stockmar- Applicant has responded to requests. Recognizes challenges. Concurs about a reduction in pavement. Gillette -Would like a COA regarding labeling the parking spaces Kjesbo- Recommends further design changes to restrict parking and allow adequate snow storage. Stockmar-Would recommend negotiating with Rush condos to solve the parking situation. Kurz- Concurs with Rollie that design solutions are needed to prevent unwanted parking. Appreciated applicants response to Commissioners concerns. Brian Gillette moved to approve with conditions. Brian Stockmar seconded July 3, 2018 - Page 27 of 131 the motion and it passed (6-0). Absent: (1) Lockman 4. Approval of Minutes 4.1. PEC Results June 11, 2018 5. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department July 3, 2018 - Page 28 of 131 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Joint Meeting with Vail Local Housing Authority to present a conceptual proposal from Gore Creek Partners to the Vail Town Council to sell up to 36 deed -restrictions at 6 West Apartments to the Town of Vail. PRESENTER(S): George Ruther, Housing Director ACTION REQUESTED OF COUNCIL: Is the Town Council interested in further exploring a down valley deed -restriction purchase with Gore Creek Partners, LLC, at the 6 West Apartments in Edwards, Colorado? BACKGROUND: The objective of the sale/purchase proposal is to address the growing need for resident -occupied, deed -restricted homes for employees working with the Town of Vail. To date, the Town of Vail has not contributed financially to a down valley housing development. ATTACHMENTS: Description 6 West Deed Restriction Conceptual Memorandum 6 West Deed Restriction PowerPoint July 3, 2018 - Page 29 of 131 MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: July 3, 2018 Re: 6 West Apartments, Edwards, Colorado — Conceptual Proposal to Purchase Deed -Restrictions PURPOSE The purpose of this memorandum is to present a conceptual proposal from Gore Creek Partners to the Vail Town Council to sell up to 36 deed -restrictions at 6 West Apartments, located in Edwards, Colorado, to the Town of Vail. The objective of the sale/purchase is to address the growing need for resident - occupied, deed -restricted homes for employees working with the Town of Vail. II. QUESTIONS OF THE TOWN COUNCIL At the conclusion of the presentation, the Vail Town Council will be asked to answer and provide direction on the following question: Is the Town Council interested in further exploring a down valley deed -restriction purchase with Gore Creek Partners, LLC, at the 6 West Apartments in Edwards, Colorado? If so, the Vail Local Housing Department and Town Staff will continue discussions with Mr. Spessard towards that end and return to the Town Council at a future date with a draft purchase agreement for review and consideration. Further, are there any issues or questions in particular that the Authority and staff should be exploring or answering prior to returning to the Town Council (i.e., price per deed - restriction, ROI, transportation alternatives, options for funding)? III. BACKGROUND Mr. Steve Spessard, of Gore Creek Partners, LLC, a Vail -based real estate development entity, is currently constructing the 6 West Apartments in Edwards, Colorado. Construction of the new homes started earlier this spring and is progressing towards completion with the first homes ready for occupancy in January, 2019. Similar to Chamonix Vail, developer has selected a modular approach to construction to build the 6 West Apartments to increase delivery to market. 6 West Apartments will consist of 120 homes in multiple three-story tall buildings on a 5.7 acre site. As approved, the development will include 48 one bedroom homes, 54 two bedroom homes and 18 three bedroom homes. All of the homes are available for -rent. Presently 84, or 70%, of the homes are deed - restricted through Eagle County. The remaining 36, or 30%, of the homes are non -deed -restricted and available to the free market. 1 July 3, 2018 - Page 30 of 131 A copy of the proposal containing a project overview, renderings, site plan, floor plans, etc. has been attached for reference. IV. DESCRIPTION OF THE REQUEST Mr. Spessard has prepared a conceptual proposal to sell deed -restrictions to the Town of Vail at the 6 West Apartments. The draft terms of the conceptual proposal include the following: • Up to 36 homes are available for deed -restriction purchases. • The home type mix would include 14 one bedrooms, 18 two bedrooms and 4 three bedrooms. • Vail employee, resident -occupied, deed -restriction. • Subordinated loan agreement to guarantee deed -restriction survives foreclosure. • One year lease structure with priority granted to employees of Vail businesses. • Lease renewal on date(s) certain annually, with minimum 15 day notification period. • Market rate rental structure. • Annual audit and compliance affidavit verification required. • Deed -restriction violation enforcement would be a matter of a breach of contract. • Vail employee/employer exclusive marketing to be provided through 6 West Leasing & Management Office. • Option to Master Lease up to 66% of the homes. 2 July 3, 2018 - Page 31 of 131 4 4. A luxury muldfamily community in Edwards, Colorado GORE CREEK P AR T N ER S Property Overview OVERVIEW The 6 West property will consist of 120 units in multiple three-story buildings on 5.7 acres, The project will include intentionally designed one, two and three-bedroom floor plans, with high caliber interior finishes and extensive amenities similar to what can be found in a typical luxury suburban multifamily property in any large city, but which does not currently exist in this area. CONFIDENTIAL July 3, 2018 - Page 34 of 13 Exterior R July 3, 2018 - Page 36 of 131 IllMgrT Interior Renderings July 3, 2018 - Page 37 of 131 CONFIDENTIAL Layout Rendering CONFIDENTIAL July 3, 2018 - Page 39 of 131 6 WEST APARTMENTS 7 ED ARI75, GOLORAI7O 8 • *lily 3;2018 - Page 40 of 131 Conceptual photos only 000 Aaffirk Unit Elements INTERIOR FEATURES • Large Sliding Doors • Large Expanses of Glass • Private Patios with Storage Closets • Vinyl Plank Wood -look Flooring in Kitchen and Living Room • Open Floor Plan • Energy Star / Stainless Steel Appliances • Kitchen Pantries July 3, Lu i c3 - Page 41 of 131 • Mountain Modern Finishes • Cable and Broadband Service • Caesar Stone Countertops in Kitchens and Baths • Spacious Nine Feet Ceilings • Full -Size Stackable Washers & Dryers Available in Each Unit • "Mudroom" areas at Entries • Walk-in Closets Project Amenities Amenity Center / Leasing Office with Kitchen, Business Center, and Conference Room • Fitness Center with the latest weight and cardio equipment • Covered Reserved Parking • Outdoor Barbecue / Summer Kitchen CONFIDENTIAL "Tot Lot" for kids "Bark Park" for dogs • Large Patios / Balconies with Generous Storage Closets • Available Storage Closets in Each Building July 3, 2018 - Page 42 of 131 conceptual photos only CONFIDENTIAL • o r r r July 3. west 1 Floor Plans 1 BED / 1 BATH 626 SQFT 1 48 UNITS 12 1.37.10171 111 SF camptr }I S _-. c T HMG LI 7 CONFIDENTIAL July 3 2 west Floor Plans 2 BED / 2 BATH 888 SQFT 1 54 UNITS 13 • • •1 F 12, Sr • 4 j BSP 1111 hi1ii Biu 11.5131 I ' lep I_.. t t- I 1 CONFIDENTIAL July 3, 3 west Floor Plans 3 BED / 2 BATH 1,176 SQFT 1 18 UNITS 14 Developer/Sponsor Gore Creek Partners, LLC (GCP) is a real estate investment and asset management company active in acquiring and developing a variety of property types, formed in 2009 by Stephen S. Spessard. Prior to establishing GCP, Spessard spent 13 years as one of two owners of Asset Plus Corporation, and Asset Campus Housing, two Houston-based property investment, development, and management firms operating on a national basis. As CEO, he led the principal investment and development activities of the companies, and closely focused on sourcing transactions as well as debt and equity capital for projects acquired or developed. During his tenure, he was instrumental in the company's transformation from being a local third party property management firm into a regional investment, development, and management concern with over 800 employees. Asset Campus Housing ultimately grew its portfolio to over 115,000 beds under management at college campuses across the US and internationally, and is now one of the largest privately held student housing management firms in the nation. Successful investments have included multifamily, student housing, office, and medical office assets with excellent returns achieved in a variety of acquisitions and developments through multiple business / real estate cycles. Since 1995 Spessard has been actively acquiring or developing assets in partnership with large private corporations, life insurance companies, investment funds, pension funds, and high net worth individual investors. In that time, he has personally invested in over 40 significant properties located in 18 cities in six states comprising over $500 million in value. In his 30 year career, he has completed transactions totaling over $800 million. CONFIDENTIAL GORE CREEK P AR T NER S July 3, 2018 - Page 46 of 131 PAST EXTERIOR ELEVATIONS THE ESTAIES CANYON RIDGE CONFIDENTIAL July 3, 2018 - Page 47 of 131 CONFIDENTIAL INTERIORS & AMENITIES • nob: • pionam • I 10 1116416.11-"2414 Mei • 1117,7r. issel. L.:11 , itae July 3, 2018 - Page 48 of 131 6 CONFIDENTIAL we st 44\ G0RE CREEK P AR TNER S For questions about any of the information provided in this Summary, please contact: STEVE S. SPESSARD 970-672-2040 1 sspessard@gorecreekpartners.com www.gorecreekpartners.com 18 TOWN Of 9 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: 2018 Updated Housing Policy Statement Discussion. PRESENTER(S): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing Authority ACTION REQUESTED OF COUNCIL: Review revised housing policy statements and provide any additional input or feedback. BACKGROUND: The objective of this exercise is to adopt updated housing policies for the Town of Vail which aid in realizing the vision to be the Premier International Mountain Resort Community and help to achieve the goal of acquiring 1,000 new deed -restrictions by the year 2027. STAFF RECOMMENDATION: The Vail Local Housing Authority recommends the Vail Town Council adopts the 2018 Housing Policy Statements, as presented. An ordinance adopting the 2018 Housing Policy Statements will be presented for first reading to Council on Tuesday, July 17, 2018. ATTACHMENTS: Description Staff Memorandum July 3, 2018 - Page 50 of 131 Memorandum To: Vail Town Council From: Vail Local Housing Authority George Ruther, Housing Director Date: July 3, 2018 Re: Revised Housing Policy Statement Recommendation — Vail Local Housing Authority I. PURPOSE The purpose of this discussion is to present the housing policy statement recommendation from the Vail Local Housing Authority to the Vail Town Council. Each of the revised policy statements take into consideration the input and feedback provided during the joint session held on June 5, 2018. The objective of this exercise is to eventually adopt updated housing policies for the Town of Vail that results in an increase in the overall supply and availability of resident -occupied, deed -restricted homes which aid in the realizing the Town's vision to be the Premier International Mountain Resort Community and help to achieve the housing goal of acquiring 1,000 new deed - restrictions by the year 2027. This agenda item focuses on the Vail Town Council's critical action of "growing a balanced and thriving community." II. POLICY STATEMENTS — BEFORE & AFTER A list of revised housing policy statements have been drafted based upon input and feedback provided during the joint session held with the Vail Town Council and the Vail Local Housing Authority on June 5th. In summary, the Town Council and Housing Authority were in general support of the policy statements as drafted, however, asked that they be strengthened in an effort to make each more focused and direct. The two groups also supported adding one new policy statement regarding funding (see #10). To better highlight the revisions made, and for compare/contrast purposes, each of the revised policy statements is presented in a "before & after"format. 1 July 3, 2018 - Page 51 of 131 Before: #1 Acknowledge that deed -restricted homes are critical infrastructure in a resort community. After: #1 Housing IS Infrastructure - Deed -restricted homes are critical infrastructure in Vail. Before: #2 Recognize the solutions to increasing the supply of deed -restricted homes requires regional approaches. After: #2 Housing Partners - Public/private partnerships and active pursuit of local and regional solutions will be used to increase the supply of deed -restricted homes. Before: #3 Create a favorable environment for private sector participation and investment in deed -restricted homes in Vail as well as within the region. After: #3 Private Sector Importance - A proactive and solutions -oriented environment is fostered to promote private sector investment to create deed -restricted homes. Before. #4 Utilize the Town's financial strength to facilitate the creation of deed -restricted homes. After: #4 Leverage Financial Strength - The Town will use its financial strength and acumen to acquire deed -restrictions. bserore: #5 Ensure adopted land use regulations (i.e. density, parking) align with the vision and goal and to ensure the thorough, timely and efficient review of development applications which increase the number of deed -restricted homes in Vail. 2 July 3, 2018 - Page 52 of 131 After: #5 Breakdown Barriers - The Town's land use regulations and building codes will align to achieve our vision and goal, and development applications are thoroughly, timely and efficiently reviewed....getting to "yes" is a shared objective. Derore: #6 Establish a predictable, consistent and reliable source of funding to obtain deed -restrictions and maintain the Town's housing programs. After: #6 Funding Creates Deed -Restrictions - A predictable, consistent and reliable source of funding is necessary to obtain deed -restrictions and maintain the Town's housing programs. Before: #7 Implement a clear, equitable and easy to administer process for housing lottery selection and ensure opportunity and ease of access for all to adopted housing programs and initiatives. After: #7 People Promote Community — The Town ensures opportunity and access to its housing programs and initiatives through a clear, equitable, and easy to administer process for housing selection. Before: #8 Support a policy of no net loss of resident -occupied, deed -restricted homes in Vail. After: #8 No Net Loss - A no net loss of resident -occupied, deed -restrictions policy is supported. #9 Adopt housing mitigation regulations and requirements which place an appropriate amount of obligation on incremental new development to offset the impact created on housing demand in Vail. 3 July 3, 2018 - Page 53 of 131 After: #9 Keep Up With Demand - New development, both residential and commercial, is obligated to mitigate its incremental impact on the demand for resident -occupied, deed -restricted homes. Payment in lieu, while needed, is not the preferred method of mitigation. New: #10 Funding is Policy — The Vail Town Council will fund housing opportunities and solutions. III. RECOMMENDATION The Vail Local Housing Authority recommends the Vail Town Council adopts the 2018 Housing Policy Statements, as presented. Each of the revised statements accurately represents acceptable methods for the way housing solutions are pursued by the Vail Town Council, the Vail Local Housing Authority, and within the organization. These policies will be relied upon to realize the Town's vision and achieve its stated housing goal. The Housing Authority further recommends that the Town Council revisits its housing policies at least every two years to verify effectiveness and measure progress towards desired outcomes. Updates should be considered where necessary. This process should be incorporated in the annual work plan of the Town's newly formed Housing Department. 4 July 3, 2018 - Page 54 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: VLHA Meeting Results ATTACHMENTS: Description VLHA June 12, 2018 Meeting Results TOWN OF 1 X41 July 3, 2018 - Page 55 of 131 TOWN OFD MEMBERS PRESENT Steve Lindstrom Mary McDougall Molly Morales Francisco Meza James Wilkins Staff George Ruther Lynne Campbell Vail Local Housing Authority Meeting Results Tuesday, June 12, 2018 Regular Meeting 3:00 PM — 5:O0PM Housing Department Large Conference Room 75 South Frontage Road West, Vail, Colorado 81657 (Public Invited) MEMBERS ABSENT Lindstrom called the meeting to order at 3:15PM. All members present. The Board reviewed and approved the May 30, 2018 meeting results. MOTION: Morales SECOND: McDougall VOTE: 3-0-2 (Wilkins, Meza abstained) McDougall and Ruther reviewed the Council meeting discussion regarding lottery resale applicants. Conclusion by Council was an owner of existing residential property may enter, upon winning a deed - restricted home they need to deed restrict the existing home upon Council approval or sell. The Town, however, will not purchase the deed restriction. The Board discussed Employee Housing Unit Deed Restriction Exchange Requests. 44 Willow Place Unit 3 / 44 Vail Road Unit 3 is a noncompliant underperforming restriction and is going through a major remodel removing the EHU. The owner and their representative Kyle Webb are proposing to exchange the unit. Staff having presented at the prior meeting, Morales summarized the exchange for the Board. Ruther asked the Board to consider the "noncompliant EHU" and deemed this type unit as an "underperforming unit" as it is not required to be rented. Ruther stated there would not be a net loss of deed restrictions. The Board agrees to the request for 3 times the equivalent replacement upon property identification at which time a formal recommendation to Council will be made. Page 1 July 3, 2018 - Page 56 of 131 1875 West Gore Creek Drive was discussed for exchange. The owners of the Type I would like to exchange for 2:1. They are looking at a replacement property in East Vail. The home needs to comply with zoning and GRFA. Ruther has asked the planners to look into confirming the existing GRFA. The obligation is to have a deed restricted unit. Ruther said the housing policy discussion scheduled for June 19th has been moved to the July 3rd Council meeting. Instead, the housing resale lottery administrative procedures will be heard on June 19th. Ruther reviewed a housing lottery flow chart the Town is putting into place. Ruther asked the Board for their thoughts on process. The Town has a standard for the transaction. Per Ruther the lottery basically remains the same except the tickets system replaces tiered lottery and individual sales vs. master list. The Board and staff reviewed how a resale usually is handled and options to update the process. Ruther indicated the for -sale properties included in the process are Vail Commons, Red Sandstone Creek, North Trail Townhomes, Arosa Duplex and Chamonix Vail. Discussion ensued and the outcome was: Lottery Resale Timelines: 2 business days from calculation to advertising 7 business days from ad to open houses 2 business days from open house to application due 5 days from app due to publish qualified buyer 2 days to qualified buyer to lottery 18 Total business days from seller notice to lottery Morales questioned whether there is enough time for the buyer to get their qualification materials together for the application. Staff will create calendar and review to understand if there are any gaps. The summary will be inserted to the Resale Housing Lottery Administrative Procedures to be presented on June 19th Morales motioned to enter Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests; and to determine positions, develop a strategy and instruct negotiators, regarding: Vail InDEED applications and deed restrictions. MOTION: Morales SECOND: Wilkins VOTE: 5-0 Wilkins motioned to exit the executive session and reenter the regular meeting. MOTION: Wilkins SECOND: McDougall VOTE: 5-0 Back into the regular meeting, in attendance all board members, staff, Ruther and Campbell. There was no action from executive session. Wilkins motioned to adjourn the meeting at 5:15 PM. MOTION: Wilkins SECOND: Meza Next Meeting — June 26, 2018 Page 2 VOTE: 5-0 July 3, 2018 - Page 57 of 131 Future Agenda Items: • Housing Policies • Long Term Funding Source • 2019 Budget • Update Economic Value of Housing Discussion Page 3 • VLHA Business Plan • East Vail Parcel Update • Open Lands Plan Discussion • West Vail Master Plan Discussion • Housing Data July 3, 2018 - Page 58 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: May 2018 Sales Tax Report ATTACHMENTS: Description May 2018 Sales Tax Report TOWN Of UAIL July 3, 2018 - Page 59 of 131 MEMORANDUM June 27, 2018 To: Vail Town Council Kathleen Halloran From: Johannah Richards Re: May 2018 Sales Tax Vail will collect an estimated $40,100 in additional May sales tax to bring collections up to $752,693. May will be up 14.1% or $93,218 from May 2017 and up 14.7% or $96,334 from budget. Year to date will be up 2.8% or $363,652 from 2017 and up 0.4% or $48,614 from budget. July 3, 2018 - Page 60 of 131 Month 2006 2007 2008 2009 2010 2011 2012 Town of Vail Sales Tax Worksheet Estimate 6/27/2018 2013 2014 2015 2016 2017 Budget 2018 Collections Budget Variance % Change from 2017 % Change from Budget January 2,597,985 2,783,306 2,976,655 2,619,673 2,564,383 2,795,688 2,855,524 3,145,620 3,483,245 3,696,798 3,738,824 3,725,212 3,711,555 3,588,839 (122,716) -3.66% -3.31% February 2,527,130 2,718,643 3,071,615 2,588,889 2,577,360 2,803,136 2,994,580 3,267,351 3,477,419 3,593,947 3,746,055 3,692,592 3,693,323 3,810,039 116,716 3.18% 3.16% March 2,852,954 2,986,446 3,327,304 2,504,567 2,685,004 3,143,418 3,185,859 3,650,157 3,788,185 4,053,961 4,225,921 3,642,407 4,057,967 4,157,169 99,202 14.13% 2.44% April 1,280,324 1,330,740 1,098,918 1,235,941 1,156,934 1,191,690 1,183,087 1,069,186 1,280,641 1,370,929 1,089,749 1,386,780 1,302,300 1,161,378 (140,922) -16.25% -10.82% May 449,283 545,874 622,103 516,150 421,925 473,292 487,739 563,602 607,729 584,454 654,462 659,475 656,359 752,693 96,334 14.14% 14.68% Total 9,707,676 10,365,009 11,096,595 9,465,220 9,405,606 10,407,224 10,706,789 11,695,916 12,637,219 13,300,089 13,455,011 13,106,466 13,421,504 13,470,118 48,614 2.77% 0.36% June 805,362 953,017 918,061 717,233 873,765 895,951 963,143 1,023,801 1,153,247 1,242,400 1,318,092 1,389,982 1,458,576 July 1,255,243 1,265,781 1,397,842 1,121,860 1,228,767 1,481,329 1,573,499 1,654,161 1,829,102 1,937,989 2,053,773 2,215,649 2,318,094 August 1,055,614 1,162,746 1,349,795 1,068,391 1,147,352 1,310,471 1,380,710 1,507,048 1,674,813 1,702,579 1,849,815 1,863,949 1,893,544 September 832,549 908,318 834,569 753,754 761,425 889,945 978,037 994,135 1,054,015 1,240,277 1,349,929 1,385,462 1,406,484 October 614,396 688,519 662,767 581,033 594,362 623,420 644,577 755,133 752,295 835,649 906,385 936,954 950,679 November 799,582 747,877 719,109 651,873 701,075 788,430 825,873 947,627 962,344 997,100 989,320 997,716 1,002,771 December 2,771,258 2,821,871 2,652,628 2,553,974 2,963,763 3,184,645 2,973,826 3,422,178 3,818,096 3,885,849 3,840,919 3,695,305 3,594,348 Total 17,841,680 18,913,138 19,631,366 16,913,338 17,676,115 19,581,415 20,046,454 21,999,999 23,881,131 25,141,932 25,763,244 25,591,483 26,046,000 July 3, 2018 - Page 61 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: April 2018 Vail Business Review ATTACHMENTS: Description April 2018 Vail Business Review TOWN OF 1 X41 July 3, 2018 - Page 62 of 131 TOWN OF VAIL 75 South Frontage Road West Vail, Colorado 81657 vailgov.com Vail Business Review April 2018 June 27, 2018 Finance Department 970.479.2100 970.479.2248 fax The April Vail Business Review breaks down the four percent sales tax collected for the month of April and the 2017/2018 ski season. Overall April sales tax decreased 16.3% with retail decreasing 19%, lodging decreased 19.6%, food and beverage decreased 15.7%, and utilities/other increased by 0.8%. Excluding the out of town category; sales tax for the month of April was down 21.6%. Part of the large variance to prior year collections is due to the Easter holiday falling in March for 2018. Combined March and April sales tax increased 5.7% with retail increasing 5.8%, lodging increased 6.1%, food and beverage increased 4.9%, and utilities/other increased by 6%. Excluding the out of town category; sales tax for the combined months was up 4.5%. The ski season of 2017/2018 resulted in a 0.9% increase overall with retail increasing 1%, lodging decreased 0.1%, food and beverage increased 4.2% and utilities/other decreased 4.3%. Excluding the out of town category, ski season sales tax is up 0.3%. Electronic filing and payment of Vail sales tax is now an option. Please visit www.vailgov.com/epay Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments please feel free to call me at (970) 479-2125 or Kathleen Halloran at (970) 479-2116. Sincerely, Johannah Richards Sales Tax Administrator July 3, 2018 - Page 63 of 131 April TOWN OF VAIL BUSINESS REVIEW TOM OF VAIL- Sales Tax Newsletter April 2018 Sales Tax April 2017 Collections April 2018 Collections April ok Change Total VAIL VILLAGE Retail 241,176 163,838 -32.07 % Lodging 187,884 144,388 -23.15 % F & B 250,718 206,603 -17.60 % Other 8,112 3,342 -58.80 % 687,889 518,171 -24.67 % Total LIONSHEAD Retail 81,191 49,739 -38.74 % Lodging 120,281 92,942 -22.73 % F & B 69,472 37,205 -46.45 % Other 5,282 499 -90.56 % 276,226 180,385 -34.70 % Totals CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL Retail 122,868 107,091 -12.84 % Lodging 24,308 35,099 44.39 F & B 30,862 52,463 69.99 % Other 3,840 4,898 27.55 % 181,879 199,551 9.72 % Total OUT OF TOWN Retail 102,006 122,398 19.99 Lodging 11,250 3,910 -65.25 % F&B 520 154 -70.49% Utilities & Other 127,137 136,809 7.61 % Total 240,913 263,270 9.28 % 6/27/2018 11:48:20 AM emGovPower Page 1 of 2 July 3, 2018 - Page 64 of 131 April TOWN OF VAIL BUSINESS REVIEW TOWN OFUAL Sales Tax Newsletter April 2018 Sales Tax TOTAL April 2017 Collections April 2018 Collections April Change Retail 547,241 443,065 -19.04 % Lodging And Property Mgmt 343,723 276,339 -19.60 % Food and Beverage 351,572 296,425 -15.69 % Other 144,371 145,547 0.81 % Total 1,386,927 1,161,378 -16.26 RETAIL SUMMARY April April April 2017 2018 % Collections Collections Change RETAIL -FOOD 104,991 93,107 -11.32 RETAIL -LIQUOR 33,597 27,927 -16.88 % RETAIL -APPAREL 86,610 65,604 -24.25 % RETAIL -SPORT 176,564 109,746 -37.84 % RETAIL -JEWELRY 9,586 8,411 -12.26 % RETAIL -GIFT 3,400 1,768 -47.99 % RETAIL -GALLERY 1,519 1,561 2.75 RETAIL -OTHER 130,940 134,942 3.06 RETAIL -HOME OCCUPATION 34 0 -100.00 % Total 547,241 443,065 -19.04 % 6/27/2018 11:48:20 AM emGovPowe r Page 2 of 2 July 3, 2018 - Page 65 of 131 TOTAL April 2017 Collections April 2018 Collections April Change Retail 547,241 443,065 -19.04 % Lodging And Property Mgmt 343,723 276,339 -19.60 % Food and Beverage 351,572 296,425 -15.69 % Other 144,371 145,547 0.81 % Total 1,386,927 1,161,378 -16.26 RETAIL SUMMARY April April April 2017 2018 % Collections Collections Change RETAIL -FOOD 104,991 93,107 -11.32 RETAIL -LIQUOR 33,597 27,927 -16.88 % RETAIL -APPAREL 86,610 65,604 -24.25 % RETAIL -SPORT 176,564 109,746 -37.84 % RETAIL -JEWELRY 9,586 8,411 -12.26 % RETAIL -GIFT 3,400 1,768 -47.99 % RETAIL -GALLERY 1,519 1,561 2.75 RETAIL -OTHER 130,940 134,942 3.06 RETAIL -HOME OCCUPATION 34 0 -100.00 % Total 547,241 443,065 -19.04 % 6/27/2018 11:48:20 AM emGovPowe r Page 2 of 2 July 3, 2018 - Page 65 of 131 TOW I OF VAIL Ski Season TOWN OF VAIL BUSINESS REVIEW Sales Tax Newsletter Ski Season 2017/2018 Sales Tax Ski Season 2016/2017 Collections Ski Season 2017/2018 Collections Ski Season Change Total VAIL VILLAGE Retail 2,684,775 2,656,365 -1.06 % Lodging 3,666,401 3,475,578 -5.20 % F & B 2,753,039 2,797,406 1.61 Other 87,129 69,926 -19.74 % Total LIONSHEAD Retail Lodging F&B Other 9,191,343 8,999,275 1,084,762 2,392,603 694,293 41,652 1,011,612 2,353,726 672,003 24,648 4,213,309 4,061,990 -2.09 % - 6.74 % - 1.62 % - 3.21 % -40.82 % -3.59 % Total CASCADE VILLAGE/EAST VAIL/SANDSTONE/WEST VAIL Retail 1,144,878 1,158,157 1.16 % Lodging 599,013 851,815 42.20 % F & B 235,136 367,362 56.23 % Other 51,955 42,972 -17.29 % 2,030,981 2,420,305 19.17 % Total OUT OF TOWN Retail 712,103 853,588 19.87 % Lodging 234,566 204,153 -12.97 % F & B 8,148 6,948 -14.73 % Utilities & Other 901,456 898,668 -0.31 % Total 1,856,273 1,963,358 5.77 % 6/27/2018 11:49:04 AM emGovPower Page 1 of 2 July 3, 2018 - Page 66 of 131 Ski Season TOWN OF VAIL TOWN OF VAIL BUSINESS REVIEW Sales Tax Newsletter Ski Season 2017/2018 Sales Tax TOTAL Ski Season 2016/2017 Collections Ski Season 2017/2018 Collections Ski Season 0/U Change Retail 5,626,517 5,679,721 0.95 % Lodging And Property Mgmt 6,892,582 6,885,273 -0.11 % Food and Beverage 3,690,615 3,843,719 4.15 % Other 1,082,192 1,036,215 -4.25 % Total 17,291,926 17,446,962 0.90 RETAIL SUMMARY Ski Season Ski Season 2016/2017 2017/2018 Collections Collections Ski Season °/0 Change RETAIL -FOOD 912,193 917,690 0.60 % RETAIL -LIQUOR 339,283 333,119 -1.82 % RETAIL -APPAREL 916,408 967,291 5.55 % RETAIL -SPORT 2,252,811 2,118,683 -5.95 % RETAIL -JEWELRY 127,967 132,700 3.70 RETAIL -GIFT 35,197 30,694 -12.80 % RETAIL -GALLERY 19,145 14,958 -21.87 RETAIL -OTHER 1,023,232 1,164,066 13.76 RETAIL -HOME OCCUPATION 281 520 85.26 Total 5,626,517 5,679,721 0.95 % 6/27/2018 11:49:04 AM emGovPowe r Page 2 of 2 July 3, 2018 - Page 67 of 131 TOTAL Ski Season 2016/2017 Collections Ski Season 2017/2018 Collections Ski Season 0/U Change Retail 5,626,517 5,679,721 0.95 % Lodging And Property Mgmt 6,892,582 6,885,273 -0.11 % Food and Beverage 3,690,615 3,843,719 4.15 % Other 1,082,192 1,036,215 -4.25 % Total 17,291,926 17,446,962 0.90 RETAIL SUMMARY Ski Season Ski Season 2016/2017 2017/2018 Collections Collections Ski Season °/0 Change RETAIL -FOOD 912,193 917,690 0.60 % RETAIL -LIQUOR 339,283 333,119 -1.82 % RETAIL -APPAREL 916,408 967,291 5.55 % RETAIL -SPORT 2,252,811 2,118,683 -5.95 % RETAIL -JEWELRY 127,967 132,700 3.70 RETAIL -GIFT 35,197 30,694 -12.80 % RETAIL -GALLERY 19,145 14,958 -21.87 RETAIL -OTHER 1,023,232 1,164,066 13.76 RETAIL -HOME OCCUPATION 281 520 85.26 Total 5,626,517 5,679,721 0.95 % 6/27/2018 11:49:04 AM emGovPowe r Page 2 of 2 July 3, 2018 - Page 67 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: June Revenue Update ATTACHMENTS: Description June Rev Update TOWN Of UAIL July 3, 2018 - Page 68 of 131 TOWN OF VAIL REVENUE UPDATE July 3, 2018 Sales Tax Upon receipt of all sales tax returns, May collections are estimated to be $752,693 up 14.1% from last year and up 14.7% compared to budget. Year to date collections of $13,470,118 are up 2.8% from prior year and up 0.4% from budget. Inflation as measured by the consumer price index was up 2.8% for May. The annual budget totals $26.0 million. Real Estate Transfer Tax (RETT) RETT collections through June 27 total $3,606,168 up 13.2% from this time last year. Sales from the Lion have boosted RETT revenue so far this year. Without those sales, RETT is flat with 2017 and is pacing with budget. The annual 2018 RETT budget totals $6.1 million. Construction Use Tax Use Tax collections through June 27 total $1,098,362 compared to $879,764 from this time last year. The annual budget totals $1,975,900. Summary Across all funds, year-to-date total revenue of $36.9 million is up 6.2 % from amended budget and up 3.2% from prior year. July 3, 2018 - Page 69 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Quarterly Investment Results ATTACHMENTS: Description 2018 1st Qrt Investment TOWN t f UAIL July 3, 2018 - Page 70 of 131 TOWN OF VAIL MEMORANDUM TO: Greg Clifton Council Members FROM: Carlie Smith DATE: 1st Qrtr 2018 RE: Investment Report Enclosed is the investment report with balances as of March 31, 2018. The estimated average yield for the pooled cash fund is 1.0%. As of 03/31/2018, the Treasury yield curves for 3 months, 6 months, and 1 year are 1.73%, 1.93%, and 2.09% respectively. Throughout 2017 the town maintained a higher cash balance, earning lower interest rates in order to fund budgeted capital projects, with the largest being the Vail Chamonix Homes The sales of those units began in Janary 2018, with the final sale in May. Those proceeds were deposited into the town's operating bank accounts, but will be re -invested into ColoTrust and longer term investments. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. 2018 1st Qtr Investment Mix $89.3M Cash $40.1M, 45% Colorado Investment Pool $10.9M, 12% Gov't Securities $27.9M, 31% CD's $10.4M, 12% There were no changes to investment products or banking institutions. Please call me if you have any questions. July 3, 2018 - Page 71 of 131 Town of Vail, Colorado Investment Report Summary of Accounts and Investments As of 03/31/2018 Cash Commercial Banks Money Market Funds Total Cash U.S. Government Securities (see page 4) Government Agency Seurities -Piper Jaffray FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana Total Government Securities 2018 Balances Percentage of Total $39,595,146 $516,895 44.34% 0.58% $40,112,041 44.92% $16,823,390 $11,108,277 18.84% 12.44% $27,931,666 31.28% Certificates of Deposit $10,372,809 11.62% Colorado Investment Pools $10,872,781 12.18% Total Portfolio $89,289,299 100.0% Maturing Within 12 Months Maturing Within 24 Months Maturing After 24 Months 54,441,598 3,696,345 31,151,355 60.97% 4.14% 34.89% 89,289,299 100.0% July 3, 2018 - Page 72 of 131 Performance Summary as of 03/31/2018 Institution Type of Accounts "CASH" ACCOUNTS Commercial Bank Accounts: First Bank of Vail - Operating Accounts Alpine Bank Money Market Accounts: Schwab Institutional Money Market Fund - Dana Investments Interest and Balance Vail Super Now Public Funds Account - Piper Jaffray Interest and Balance Average Balances Return 03/31/18 0.080% $39,595,146 $0 1.000% $449,107 0.000% $67,788 Total Money Market Funds $516,895 Total "Cash" Accounts $40,112,041 GOVERNMENT SECURITIES (see pg 5) Government Agency Seurities -Piper Jaffray FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 1.52% $16,823,390 2.11% $ 11,108,277 $ 27,931,666 Total Government Securities $ 27,931,666 1st Bank, Vail Colorado (#5734) Matures September 14, 2022 1.510% 1,070,259 1st Bank, Vail Colorado (#1992) Matures Nov 23, 2020 0.700% 1,136,425 1st Bank, Vail Colorado (#3421) Matures Mar 17, 2021 0.700% 1,147,847 1st Bank, Vail Colorado (#4290) Matures Sept 29, 2021 0.700% 1,102,291 1st Bank, Vail Colorado (#4754) Matures Dec 28, 2021 0.700% 1,100,390 1st Bank, Vail Colorado (#5319) Matures May 21, 2018 0.300% 1,538,892 1st Bank, Vail Colorado (#9497) Matures Nov 19, 2019 0.900% 1,223,517 1st Bank, Vail Colorado (#9500) Matures Nov 18, 2019 0.900% 1,085,866 Piper Jaffray 254672RY6 Matures July 15, 2020 2.310% 146,102 Piper Jaffray 06740KLH8 Matures October 21, 2021 2.190% 127,591 Piper Jaffray 02587CFU9 Matures Aug 29, 2022 2.450% 201,484 Piper Jaffray 38148PUA3 Matures December 6, 2022 2.530% 246,498 Piper Jaffray 949763LRS Matures December 8, 2022 2.540% 245,648 10,372,809 Total Certificates of Deposit $ 10,372,809 LOCAL GOVERNMENT INVESTMENT POOLS Colotrust General Fund Interest 1.550% $10,872,781 Total Local Government Investment Pools Accounts $10,872,781 Total All Accounts $89,289,299 July 3, 2018 - Page 73 of 131 3/31/2018 Agency Broker Government Securities as of 03/31/2018 Int Rate Purchase Maturity to Maturity Coupon Yield Date Date at Purchase ***Federal Agency Discount Notes & Bonds*** FHLB 313383HQ7 Piper Jaffray 1.200% FHLB 313383JQ5 Piper Jaffray 1.250% FHLB 3130A6K89 Piper Jaffray 1.050% FHLMC 313G9SK4 Piper Jaffray 1.500% FNMA 3136G3JA4 Piper Jaffray 1.550% FFCB 3133EGAZ8 Piper Jaffray 1.580% FHLMC 3133EFZ91 Piper Jaffray 1.620% FNMA 3136G3Z32 Piper Jaffray 1.200% FFCB 3133EGLH6 Piper Jaffray 1.420% FHLMC 3134GBYF3 Piper Jaffray 1.800% FHLB 3130A8Q22 Piper Jaffray 1.440% FNMA 3136G3S55 Piper Jaffray 1.520% FHLB 3130A8ZB2 Piper Jaffray 1.410% FNMA 3136G3Y25 Piper Jaffray 1.500% FFCB 3133EGAH8 Piper Jaffray 1.550% FFCB 3133EGYB5 Piper Jaffray 1.540% FHLB 3130A9XN6 Piper Jaffray 1.625% FHLB 330AAEKO Piper Jaffray 2.020% Average Yield Agency Broker ***FNMA'S, ARM'S & SBA'S*** SBA 502647 SBA 521683 SBA 508940 SBA 508946 SBA 509634 SBA 509701 SBA 509977 SBA 510090 SBA 505536 GNMA 8417 GNMA 8703 GNMA 8720 GNMA 8788 GNMA 80426 GNMA 80696 GNMA 80710 GNMA 82759 GNMA 80593 GNMA 82382 GNMA 1303 FNMA 850125 FNMA 422251 FNMA 520790 FNMA 546468 FNMA 535326 FNMA 323798 FNMA 567875 FNMA 593941 FNMA 545057 FNMA 650970 FNMA 555378 FNMA 709092 FNMA 723661 FNMA 761737 FNMA 725462 FNMA 745160 FNMA 791573 FNMA 888321 FNMA 849207 FNMA 888710 FNMA 893933 1.200% 1.250% 1.060% 1.520% 1.580% 1.620% 1.660% 1.220% 1.460% 1.830% 1.490% 1.580% 1.470% 1.550% 1.590% 1.610% 1.680% 2.070% 2/2/2012 2/2/2012 10/05/15 6/30/2016 04/28/16 05/17/16 04/12/16 08/24/16 07/12/16 07/27/17 07/19/16 07/28/16 08/18/16 08/25/16 05/17/16 10/12/16 11/26/16 12/27/16 Interest Rate Purchase Coupon Yield Date 6/27/2018 6/27/2018 10/05/18 6/30/2020 10/28/20 02/17/21 04/12/21 02/24/20 01/12/21 01/27/21 07/19/21 07/28/21 08/18/21 08/25/21 05/17/21 10/12/21 11/26/21 12/27/21 1.52% Maturity Date 6.4 6.4 3.0 4.0 4.5 4.8 5.0 3.5 4.5 3.5 5.0 5.0 5.0 5.0 5.0 5.0 5.0 5.0 Days/Years to Maturity at Purchase Pooled - Dana 3.975% 5.2% 1 -Jul -94 25 -Jun -19 25.0 Pooled - Dana 4.540% 5.4% 25 -Aug -21 121.7 Pooled - Dana 2.575% 3.7% 6 -May -11 25 -Jun -30 19.2 Pooled - Dana 3.250% 3.4% 25 -Jul -30 130.7 Pooled - Dana 3.250% 3.3% 24 -Aug -17 25 -Feb -40 22.5 Pooled - Dana 1.500% 2.7% 25 -Jul -40 140.7 Pooled - Dana 2.400% 2.8% 25 -Mar -42 142.3 Pooled - Dana 2.250% 2.5% 25 -Jan -43 143.2 Pooled - Dana 3.125% 4.3% 1 -Aug -01 25 -Jun -26 125.0 Pooled - Dana 4.000% 4.0% 1 -Oct -88 20 -Oct -18 30.1 Pooled - Dana 1.875% 0.0% 1 -Sep -95 20 -Sep -25 30.1 Pooled - Dana 1.625% 0.0% 30 -Sep -95 20 -Oct -25 30.1 Pooled - Dana 1.750% 0.0% 1 -Jan -96 20 -Jan -26 30.1 Pooled - Dana 1.875% 2.7% 21 -Jul -00 20 -Jul -30 130.1 Pooled - Dana 1.750% 2.5% 23 -May -11 20 -May -33 22.0 Pooled - Dana 1.875% 2.7% 1 -Jul -03 20 -Jul -33 130.1 Pooled - Dana 1.750% 2.3% 20 -Mar -12 20 -Mar -41 29.0 Pooled - Dana 1.750% 2.5% 20 -Apr -12 20 -Apr -32 20.0 Pooled - Dana 1.875% 2.7% 30 -Sep -13 20 -Sep -39 26.0 Pooled - Dana 2.000% 2.7% 30 -Sep -13 20 -Sep -43 30.0 Pooled - Dana 2.455% 3.7% 1 -May -09 1 -Sep -35 126.4 Pooled - Dana 2.499% 3.6% 1 -Dec -95 1 -Jan -21 25.1 Pooled - Dana 2.544% 3.2% 1 -Jun -00 1 -Apr -28 127.9 Pooled - Dana 2.490% 3.4% 24 -May -00 1 -Apr -28 127.9 Pooled - Dana 2.332% 3.7% 26 -Jun -00 1 -Jun -28 128.0 Pooled - Dana 2.354% 3.4% 1 -Dec -99 1 -May -29 29.4 Pooled - Dana 2.679% 3.7% 1 -Dec -00 1 -Sep -30 129.8 Pooled - Dana 1.974% 2.8% 1 -Dec -01 1 -Dec -30 129.1 Pooled - Dana 2.384% 3.3% 1 -May -01 1 -May -31 130.1 Pooled - Dana 2.385% 3.1% 1 -Aug -01 1 -Jul -32 131.0 Pooled - Dana 2.385% 3.4% 14 -May -08 1 -Apr -33 24.9 Pooled - Dana 2.316% 3.0% 1 -Jun -03 1 -Jul -33 130.2 Pooled - Dana 2.375% 3.0% 1 -Jul -03 1 -Jul -33 130.1 Pooled - Dana 2.467% 3.5% 16 -May -05 1 -Dec -33 128.6 Pooled - Dana 1.944% 2.9% 1 -Apr -04 1 -Jan -34 129.8 Pooled - Dana 2.420% 3.4% 1 -Dec -05 1 -Mar -34 128.3 Pooled - Dana 2.420% 3.1% 1 -Jul -04 1 -Aug -34 130.2 Pooled - Dana 2.383% 3.5% 1 -Mar -07 1 -Aug -34 27.4 Pooled - Dana 1.996% 3.0% 1 -Jan -06 1 -Jan -36 30.0 Pooled - Dana 2.496% 3.2% 1 -Sep -07 1 -Jul -36 28.9 Pooled - Dana 2.472% 3.2% 1 -Sep -06 1 -Oct -36 30.1 July Market Value $619,095 $329,555 $557,323 $883,053 $1,370,082 $972,980 $1,360,548 $1,468,995 $1,455,495 $538,610 $1,441,680 $768,944 $862,866 $866,808 $973,920 $1,243,177 $964,020 $146,240 $16,823,390 Market Value $1,312 $110,083 $141,205 $72,061 $178,105 $218,352 $366,560 $500,483 $11,653 $55 $358 $379 $263 $2,721 $124,351 $3,494 $106,113 $1,528 $68,374 $70,061 $14,540 $1,090 $2,894 $973 $811 $486 $908 $3,966 $241 $1,569 $26,068 $8,347 $668 $4,042 $6,849 $6,428 $1,400 $8,445 $4,084 $13,553 $4,487 3, 2018 - Page 74 of 131 3/31/2018 Government Securities as of 03/31/2018 Int Rate Agency Broker Coupon FNMA 555624 Pooled - Dana 2.401% FNMA 735967 Pooled - Dana 2.494% FNMA 888386 Pooled - Dana 2.420% FNMA 888618 Pooled - Dana 2.457% FNMA 995451 Pooled - Dana 2.442% FNMA 557073 Pooled - Dana 1.643% FNMA BM1554 2.641% FNMA 110540 Pooled - Dana 2.674% FNMA 555921 Pooled - Dana 2.750% FNMA 868877 Pooled - Dana 2.543% FNMA 701045 Pooled - Dana 2.297% FNMA 848390 Pooled - Dana 2.086% FNMA 844148 Pooled - Dana 2.263% FNMA 748087 Pooled - Dana 2.455% FNMA 851297 Pooled - Dana 2.555% FNMA AC0038 Pooled - Dana 2.033% FNMA BM3294 Pooled - Dana 2.967% FMNA BM1087 Pooled - Dana 1.848% FNMA AL9205 Pooled - Dana 2.056% FNMA AL8786 Pooled - Dana 3.024% FNMA AL8883 Pooled - Dana 2.002% FNMA AL9157 Pooled - Dana 2.018% FNMA AL9298 Pooled - Dana 1.996% FNMA AL9645 Pooled - Dana 2.004% FNMA AV9481 Pooled - Dana 1.919% FHLMC 865469 Pooled - Dana 2.969% FHLMC 645235 Pooled - Dana 2.215% FHLMC 846784 Pooled - Dana 2.434% FHLMC 846956 Pooled - Dana 2.680% FHLMC 847166 Pooled - Dana 2.497% FHLMC 847359 Pooled - Dana 2.512% FHLMC 782526 Pooled - Dana 2.375% FHLMC 848000 Pooled - Dana 2.480% FHLMC 847629 Pooled - Dana 2.560% FHLMC 865476 Pooled - Dana 2.806% FHLMC 847427 Pooled - Dana 2.469% FHLMC 1G1840 Pooled - Dana 2.625% FHLMC 163063 Pooled - Dana 2.520% FHLMC 847058 Pooled - Dana 2.500% FHLMC 167033 Pooled - Dana 2.415% FHLMC 611384 Pooled - Dana 2.578% FHLMC 849674 Pooled - Dana 2.082% FHLMC 260155 Pooled - Dana 2.300% FHLMC 260875 Pooled - Dana 2.021% FHLMC 849824 Pooled - Dana 2.563% FHLMC 849422 Pooled - Dana 2.066% FHLMC 840287 Pooled - Dana 2.166% FHLMC 840274 Pooled - Dana 2.315% FHLMC 840537 Pooled - Dana 1.770% FHLMC 840329 Pooled - Dana 2.673% FHLMC 849810 Pooled - Dana 2.282% FHLMC 840551 Pooled - Dana 2.464% FHLMC 840752 Pooled - Dana 2.592% FHLMC 849313 Pooled - Dana 2.020% FFCB Fixed rate agency 3133EHYI1 1.590% FHLB Fixed Rate Agency 3130A6KH9 1.190% FHLB Fixed Rate Agency 3130ABMU7 1.630% FMNA Fixed Rate Agency 3135G0K85 1.400% FHLMC Step Coupon Agency 3134GAUY8 0.750% FHLMC Step Coupon Agency 3134G9J81 0.880% FMNA Step Coupon Agency 3134GBA93 1.500% Corp Financials 45905U7J7 1.650% Accrued Interest Income Receivable Average Yield Purchase Yield Date 3.1% 1 -Jun -03 3.3% 1 -Sep -05 3.5% 1 -Apr -07 3.4% 1 -Jul -07 3.3% 12 -Feb -09 2.6% 1 -Sep -00 2.6% 3.3% 1 -Nov -90 2.7% 1 -Sep -12 3.3% 1 -Apr -06 3.4% 1 -Apr -03 2.9% 12 -Feb -09 3.0% 1 -Oct -05 3.2% 1 -Sep -10 3.4% 3 -May -11 3.0% 24 -May -11 2.9% 2.0% 3.3% 31 -Oct -16 2.9% 29 -Jul -16 2.7% 22 -Aug -16 2.7% 2.7% 2.7% 21 -Feb -17 2.9% 1 -Jul -14 3.2% 1 -Dec -95 3.5% 1 -Jul -00 3.2% 1 -Jul -00 3.4% 1 -Nov -01 3.3% 1 -Jul -03 3.5% 1 -Dec -04 2.8% 1 -Apr -05 3.4% 1 -Sep -08 3.4% 1 -Oct -06 3.2% 1 -Apr -96 3.3% 1 -Jul -05 3.5% 1 -Feb -06 3.5% 1 -Aug -06 3.1% 1 -Aug -02 3.3% 25 -May -11 3.5% 11 -Feb -05 3.3% 3.6% 21 -Dec -15 3.4% 28 -Oct -16 3.5% 21 -Dec -15 3.3% 3.2% 1 -Jun -16 3.3% 1.7% 21 -Feb -17 2.6% 22 -Sep -16 3.3% 2.4% 2.6% 3.4% 1 -Jun -14 1.6% 14 -Sep -17 1.2% 1.7% 30 -Jun -17 1.4% 1.3% 3 -Nov -16 1.3% 14 -Jul -16 1.8% 3 -Aug -17 1.7% 29 -Jul -17 2.1% Maturity to Maturity Market Date at Purchase Value 1 -Mar -38 134.8 $1,780 1 -Mar -38 132.6 $4,410 1 -Mar -38 131.0 $18,013 1 -Mar -38 130.8 $7,167 1 -Mar -38 29.1 $17,736 1 -Jun -40 139.8 $2,459 1 -Jun -42 142.5 $416,003 1 -May -20 29.5 $975 1 -Sep -35 23.0 $9,194 1 -Apr -36 30.0 $4,485 1 -Apr -33 30.0 $27,872 1 -Dec -35 26.8 $11,900 1 -Nov -35 30.1 $10,580 1 -Sep -33 23.0 $15,867 1 -Sep -35 24.3 $78,270 1 -Sep -38 27.3 $64,023 1 -Jun -42 $485,819 1 -Dec -43 144.0 $226,688 1 -Apr -44 27.4 $152,059 1 -May -44 27.8 $296,711 1 -Jul -44 27.9 $162,431 1 -Jul -44 144.6 $176,307 1 -Jul -44 144.6 $224,785 1 -Jul -44 27.4 $244,081 1 -Jul -43 29.0 $124,299 1 -Aug -25 29.7 $201 1 -Mar -29 128.8 $1,691 1 -May -29 128.9 $522 1 -Nov -31 130.1 $750 1 -Aug -33 130.2 $2,063 1 -Dec -34 130.1 $1,125 1 -Apr -35 30.0 $16,569 1 -Feb -36 27.4 $21,385 1 -Sep -36 29.9 $4,388 1 -Feb -36 39.9 $437 1 -Sep -34 29.2 $2,607 1 -Nov -35 29.8 $2,167 1 -Aug -36 30.0 $17,430 1 -Aug -32 30.0 $8,297 1 -Sep -35 24.3 $32,462 1 -Dec -32 127.9 $6,932 1 -Nov -42 142.9 $61,441 1 -Jan -42 26.0 $103,438 1 -Oct -42 25.9 $180,749 1 -Feb -43 27.1 $132,123 1 -Feb -43 143.2 $56,701 1 -Jun -43 27.0 $188,625 1 -Jul -43 143.6 $163,786 1 -Jul -43 26.4 $351,012 1 -Feb -44 27.4 $241,978 1 -Oct -44 144.9 $80,137 1 -Mar -45 145.3 $305,902 1 -Dec -45 146.0 $540,374 1 -Feb -43 28.7 $47,042 14 -Sep -20 3.0 $488,995 14 -Jan -19 119.1 $495,810 26 -Jun -20 3.0 $491,595 13 -Jun -19 119.5 $494,580 26 -Oct -18 2.0 $249,575 14 -Jul -19 3.0 $395,260 3 -Aug -21 4.0 $493,550 5 -Oct -20 3.2 $391,024 $38,280 $124,000 2.11% Total 11,108,277 $27,931,666 July 3, 2018 - Page 75 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 26, Series 2018, A Resolution Approving a Mutual Release of Restrictive Covenant Amended and Restated Development Agreement Between the Town of Vail and Alejandro Gonzalez Cimadevilla; and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Employee Housing Unit Exchange 44 Vail Road Unit 3 Memorandum VLHA Employee Housing Unit Exchange 44 Vail Road Unit 3 Staff Memorandum Type III Employee Housing Unit Restrictive Covenant 44 Vail Road Unit 3 Resolution 26, Series of 2018 Mutual Release of Restrictive Covenant Exhibit A July 3, 2018 - Page 76 of 131 TOWN OF VAIL' Memorandum To: Vail Town Council From: Housing Department Date: July 3, 2018 Subject: 12-13-5: Employee Housing Unit Exchange Program — A request authorizing the Town Manager to execute a deed -restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit deed -restriction, located at 44 Willow Place, Unit 3 / 44 Vail Road, Unit 3, in exchange for the recording of an employee housing deed -restriction on a residential dwelling unit, located at Vail Village Filing 13, Block 2, Lot / 2395 Bald Mountain Road West. I. HOUSING AUTHORITY RECOMMENDATION The Vail Local Housing Authority unanimously recommends the Vail Town Council approve the proposed exchange of an employee housing unit deed -restriction, located 44 Willow Place, Unit 3 / 44 Vail Road, Unit 3, in exchange for the recording of an employee housing deed -restriction on a residential dwelling unit, located at Vail Village Filing 13, Block 2, Lot / 2395 Bald Mountain Road West. The Vail Local Housing Authority recommends the following motion be made: "The Vail Town Council authorizes the Town Manager to execute a deed - restriction release and approves the request for an exchange of an employee housing unit, pursuant to Section 12-13-5, Employee Housing Unit Exchange Program, Vail Town Code, to allow for the release of an employee housing unit located at 44 Willow Place Unit 3/44 Vail Road Unit 3, in exchange for the recording of an employee housing deed -restriction on a residential dwelling unit containing 2,087 square feet of gross residential floor area, located at Vail Village Filing 13, Block 2, Lot /2395 Bald Mountain Road West, and setting forth details in regard thereto." II. ATTACHMENT A. Staff Memorandum, dated June 26, 2018. July 3, 2018 - Page 77 of 131 TOWN OF VAIL' Memorandum To: Vail Local Housing Authority From: Town of Vail Housing Department Date: June 26, 2018 Subject: A request for a recommendation to the Vail Town Council for the release of a deed -restriction from an existing employee housing unit, located at 44 Vail Road Unit 3 (exchange EHU) in exchange for the placement of an employee housing deed -restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W. (proposed EHU) pursuant to Section 12-13-5 Employee Housing Unit Deed Restriction Exchange Program, Vail Town Code, and setting forth details in regard thereto. Applicant: Alejandro Gonzalez Cimadevilla, represented by K.H. Webb Housing Coordinator: Lynne Campbell DESCRIPTION OF REQUEST The applicant Alejandro Gonzalez Cimadevilla, is proposing to exchange a deed -restriction from an existing 489 square foot employee housing unit, located at 44 Willow Place Unit 3/44 Vail Road Unit 3 for a 2,087 square foot unit located at Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W. II. REVIEW CRITERIA Before acting on an employee housing deed -restriction exchange application, the Vail Local Housing Authority and Vail Town Council shall consider the following criteria with respect to the application: 1. The exchange EHU shall not be part of any employee housing project developed or deed -restricted (in part or in whole) by the town of Vail. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. The exchange Type III EHU was built in 1994. The Type 111 Deed -Restriction was recorded in May 1995 using common area square footage. Each of the 3 residential condominiums at 44 Willow Place contains an EHU. All are required to submit an annual affidavit indicating if the unit is rented but are not required to be rented. The EHU is neither part of any employee housing project developed or deed -restricted, nor is it part of any required mitigation. Therefore, staff believes the proposed EHU conforms to this criterion. 2. The exchange EHU shall not be part of any on site employee housing mitigation required by inclusionary zoning, commercial linkage, or as part of an approved development plan. July 3, 2018 - Page 78 of 131 The exchange EHU was built as part of the original construction of 3 condominiums using common area square footage to add an EHU in each of the 3 condominiums. The EHU is not part of an approved development plan. Therefore, staff believes this exchange EHU complies with the applicable requirements. 3. The property that includes the exchange EHU shall comply with the prescribed development standards (density controls including GRFA and number of units, site coverage, landscaping and parking requirements, etc.), as outlined in the applicable zone district section of this title, upon exchange of the deed restrictions. The exchange EHU is located within the High Density Multiple -Family.. Per Town Code Section 12-6H-2: PERMITTED USES employee housing units are a permitted use. This requirement is related to the incentives offered in some circumstances related to Employee Unit Type and zone district designation. These incentives allow deviations to certain development standards. The developer of Unit 3 of 44 Willow Place did not take advantage of any incentives affecting development standards. At this time, the 44 Willow Place development complies with prescribed development standards of the High Density Multiple Family District and meets the required criteria related to participation in the exchange program. 4. The proposed EHU(s) shall be within a homeowners' association that does not preclude deed -restricted units, does not have a right of first refusal, does not have right to approve the sale or the sale contract, or have any other requirements deemed to be similarly restrictive by the administrator. The proposed EHU is not located within a homeowners association containing any restrictions and therefore staff believes this proposed EHU complies with the criteria. 5. The proposed EHU shall comply with the minimum size requirements shown in table 13-2 of this section. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the exchange EHU. The exchange EHU is located within the mapped commercial job core area. Therefore, the proposed EHU shall meet the criteria listed below as noted in Town Code 12-13-5 Section 3, Exchange Rate For Proposed EHUs: 3b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is outside of the commercial job core, the gross residential floor area (GRFA) of the proposed EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the exchange EHU. The proposed EHU is located outside the commercial job core and contains 2,087 square feet of GRFA exceeding the minimum required square feet of 1,467, thereby meeting the proposed EHU criteria. TABLE 13-2 MINIMUM SIZE OF PROPOSED EHUs Town of Vail Page 2 July 3, 2018 - Page 79 of 131 Type Of Unit Studio 1 bedroom 2 bedroom 3+ bedrooms Minimum Size (GRFA) 438 square feet 613 square feet 788 square feet 1,225 square feet 6. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom. The proposed EHU contains a full kitchen facility, and therefore, meets the criteria. 7. The property on which the proposed EHU is located shall comply with chapter 10, "Off Street Parking And Loading", of this title. The proposed EHU contains 1 garage parking space and 4 surface parking spots and complies with chapter 10. The proposed EHU shall have its own entrance. There shall be no interior access from the proposed EHU to any dwelling unit to which it may be attached. The proposed EHU enters into a 3 bedroom 2.5 bathroom duplex single family residence. Staff has confirmed this meets the proposed criteria. III. ATTACHMENTS Owner's Request, represented by K.H. Webb Architect Town of Vail Page 3 July 3, 2018 - Page 80 of 131 5.21.18 revised Vail Local Housing Authority Attn: George Ruther 75 S. Frontage Road Vail, Colorado 81657 Re: EHU Exchanges for 44 Willow Place, Unit 3 and 1 170 Westhaven Drive Dear VLHA Board Members, Thank you for your assistance in these matters and the urgency in resolving the EHU exchange at 44 Willow Place, Unit 3! As George and I have discussed in recent weeks, we are looking for creative and affordable solutions to remove the EHU's from both of these properties in Vail as well as provide valid and 100% occupied EHU's in the Town of Vail. As you may know both of my clients purchased these properties with the requirements for EHU's already on them. 44 Willow Place was purchased by Alejandro Gonzalez Cimadevilla in the fall of 2015 with a previously never occupied and invalid EHU in place. As we proceeded with a fully TOV approved and Permitted renovation of the property that is now in its final phases, we realized the EHU mandate of the property and its lack of functional nature. We are now in process of purchasing a EHU Deed Restriction on another property in Vail to do a 3 to exchange for 489sf or 1,467sf. At the moment, the property we are pursuing is +/- 2, I 00sf and we propose to Deed Restrict the entire amount but enable our client to transfer the excess square footage to remove another Deed Restriction for an un -built home at 1 170 Westhaven Drive, that is in the early stages of design. That property has a requirement for a Type III/500sf EHU and we also propose a 2 to 1 Exchange for I,000sf. To complete the exchange at that property, we will purchase a deed restriction on another property that is at least 367sf so there will be no loss in units or square footages in the Town of Vail. The Westhaven proposal is a bit more complex and will require an SDD Amendment, we will retain Dominic Mauriello to aid in the approval process also. At this point, we still need to finalize details and bank approvals with the seller of the Deed Restriction but are looking for the VLHA to approve this proposal so we may continue forward in an expeditious manner to resolve these matters. We look forward to your assistance with this matter! Sincerely, KFIW Kyle H. Webb, AIA K.H. WEBB ARCHITECTS P.C. CC: Alejandro Gonzalez Cimadevilla Rick Travers Esq. Wear Travers and Perkins Ignacio Torras Greg Perkins Esq. Wear Travers and Perkins Chris Neubecker, Planning Manager Matt Mire, Town Attorney Dominic Mauriello, MPG 710 WEST LIONSHEAD CIRCLE, SUITE A VAIL COLORADO 81657 970.477.2990 www.khwebb.com MEMBER OF THE AMERICAN INSTITUTE Of ARCHITECTS July 3, 2018 - Page 81 of 131 ri\ 3/ TYPE 111 EMPLOYEE HOUSING UNIT H1 STf3ICTlVE COVENANT WHEREAS S.M.S. 6 P., a Colorado Limited Partnership is the owner of certain property (iho Owner) described asJnit 3 E.H.U. , a Portion of unit 3, 44 Willow Place, accordin to the Condominium Map recar.e . L-,wassai't�T • [M4' Arm _c Page yYj, and as defined and described in the • dam nium Declaration recorded _72.10.277_, t in Book (/4 at -Page 4f;yr, [;Aunty of t.agre, Srate or uor'orado. ("the Properly'); and WHEREAS, the ()wrier wishes to place certain reslrichons on the use of a unit or apartment located an the Property for the benefit of the Owner and the Town of Vail, Colorado ('the Town'). NOW, Tl-1EREFOflf:, the Owner does hereby impose, establish, acknowledge. declare for the benefit of all persons who may hereinafter purchase, or lease, or hold the subject land the following restrictions, covenants, and condilions, alt of which shah be deemed to run with the land and inure to the benefit and be bonding upon the Owner, its respective grantees. successors. and assigns. 1. Unit or Apartment 3 E . It • U • containing 4$9 square feet, is hereby restricted as a Type 111 Employee Rousing Unit (EHU) which must comply with all the provisions of Sections 18.57.020, 10.57.030, and 18.57.000 of the Vat( Municipal Code as amended. 2. The Type 111 Employee Housing Unit shall not be leased or rented for any period of less than thirty (30) consecutive days; and. if it shall be ronled. it shall be rented only to tenants who are lull lime employees who work in Eagle County. For the purposes of this paragraph, a full time employee is one who works an average of a minimum of thirty (30) hours each week_ 3. A Typo I11 EHU may be sold, transferred. or conveyed separately from other dwelling units or Employee Housing Units that may be located on the same tot or within the same building so long as It meets the following conditions: a) It must be used by the owner of the EHU as a permanent residence. For the purpose al thin paragraph, a permanent residence shall mean the home or place in which one's habitation is fixed and to which one, whenever he or she is absent• has a present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what Is a 562503 6--666 P-480 05/03/95 04:42P PC 1 OF 3 Sara J. Fisher Eagle County Clerk & Recorder REC 15.00 DCC 7-4 July 3, 2018 - Page 82 of 131 permanent residence, the Town staff shall take the following circumstances relating to the owner of the residence info account: business pursuits, employment, income sources, residence for income or other tax purposes, age. marital status. residence of parents. spouse and children if any, location of personal and real property, an motor vehicle registration. b) If a Type ill EHU is sold, transferred, or conveyed separately from the other dwelling units andlor Type IIi Employee Housing Units in a multifamily structure it is apart of, or from other dwelling units and/or Type ll! EHUs located on the same lot, the Type Ill EHUs in the structure or an that tot shall be subject to all the provision set forth in Section 16.57.020. 4. Thirty days prior to the transfer of a deed for a Type ill EHU, the prospective purchaser shall submit an application to the Community Development Department documenting that the prospective purchaser meets the criteria set forth above and shall include an alfidavil affirming that he or she meets these criteria. 5. The Type ill EHU shall not be divided into any form of timeshares, inlervaI ownership, or fractional fee ownership as those terms are defined in the Municipal Code of the Tewn et Vail. 6. No later than February 1 of each year, the owner of oach employee housing unit within the Town which Is constructed following the effective data of this ordinance shell submit two (2) copies of a report of a form to be obtained from the community Development department, to the Community development Department of the Town of Vail and Chairman of the Town of Vail Housing Authonly selling forth evidence establishing that each tenant whom resides within their employee housing unit is a lull -time employee in Eagle County. 7. The provisions of these restrictive covenants may be enforced by the Owner and the Town, 3. The conditions, restrictions, stipulations, and agreements contained herein shall not be waived, abandoned, terminated, or amended except by the written consent of boot the Town of Vail and the Owner of tho property. 2 562503 B-666 P-480 05/03/95 04,42P PG 2 OF 3 July 3, 2018 - Page 83 of 131 By: ' r l My Commission Expires Juno 17, 199.51! a" " • .tvfy. commission expires: Ely: TOWN OF VAIL, a Colorado municipal corporation Robert W. McLaurin, Town Manager The foregoing instrument was acknowledged before me this .3 f` ay of 4143, 1 `1 Notary Public P •pony + nem 04,-)42,t01 �C"A The foregoing instrument was acknowledged before me ftl€s. i'day or 0Z/-/ r R- / 9 9-, e__.L Nom Public My commission expires: KIM E. GALKO NOTARY PUBLIC STAT_4iF COLORADO �•' • rrienis art Fxpir 7.j l •eR 562502 F3-666 P-480 05/03/95 04:42P PC 3 OF 3 3 July 3, 2018 - Page 84 of 131 RESOLUTION NO. 26 SERIES OF 2018 A RESOLUTION APPROVING A MUTUAL RELEASE OF RESTRICTIVE COVENANT AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND ALEJANDRO GONZALEZ CIMADEVILLA; 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, Alejandro Gonzalez Cimadevilla is the owner of that certain property ("the Property") located within the Town of Vail, Eagle County, Colorado, with a physical address of 44 Vail Road Unit 3 (aka Willow Place Unit 3), Vail, Colorado 81657; WHEREAS, a restrictive covenant ("Restrictive Covenant") was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on May 3, 1995 at Book 666, Page 480; WHEREAS, The Town is the beneficiary of said Restrictive Covenant; and WHEREAS, Releasee and the Town, pursuant to Section 12-13-5 of the Vail Town Code, wish to mutually release the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W, Vail, Colorado 81657 (the "Proposed EHU"). NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Mutual Release of Restrictive Covenant and authorizes the Town Manager to execute the Mutual Release of Restrictive Covenant Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Resolution No. 26, Series of 2018 July 3, 2018 - Page 85 of 131 Section 2. This Resolution shall take effect immediately upon the recording of an employee housing deed restriction in a form approved by the Town on the Proposed EHU. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of July, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 26, Series of 2018 July 3, 2018 - Page 86 of 131 MUTUAL RELEASE OF RESTRICTIVE COVENANT THIS RELEASE is made and entered into this day of , 2018, by and between Alejandro Gonzalez Cimadevilla, hereinafter referred to as "RELEASEE" and the Town of Vail, a Colorado Municipal Corporation, hereinafter referred to as "RELEASOR". WHEREAS, Releasee is the owner of that certain property ("the Property") located within the Town of Vail, Eagle County, Colorado, with a physical address of 44 Vail Road Unit 3 (aka Willow Place Unit 3), Vail, Colorado 81657; WHEREAS, a restrictive covenant ("Restrictive Covenant") was recorded against the Property for the sole purpose of creating an employee housing unit within the Town of Vail as provided in Chapter 12-13, Vail Town Code; WHEREAS, said Restrictive Covenant was recorded against the Property in the records of the Clerk and Recorder of Eagle County, Colorado on May 3, 1995 at Book 666, Page 480; WHEREAS, Releasor is the beneficiary of said Restrictive Covenant; and WHEREAS, at the public meeting held on July 3, 2018, and pursuant to Section 12-13-5 of the Vail Town Code, the Town Council of the Town of Vail, Colorado ("Town Council") approved the release of the Restrictive Covenant in exchange for the placement of an employee housing deed restriction on Vail Village Filing 13, Block 2, Lot 23 W/2395 Bald Mountain Road Unit W, Vail, Colorado 81657. NOW THEREFORE, in consideration of the mutual terms and provisions herein below set forth, and other good and valuable consideration, the receipt and adequacy of which is hereby confessed and acknowledged to, the parties agree: 1. The Town Council approved the release of the Restrictive Covenant on July 3, 2018, via Resolution 26, Series of 2018. 2. Releasor hereby terminates the Restrictive Covenant recorded against the Property in the office of the Clerk and Recorder of Eagle County, Colorado at Book 666, Page 480 and dated May 3, 1995 and hereby releases Releasee from all duties and obligations of said Restrictive Covenant. 3. Upon execution of the Release, Releasee shall be free to sell, devise, gift, lease, or otherwise dispose of the Property at will, at any time, and to any buyer or tenant with no further restrictions imposed by Releasor. 4. Upon execution of the Release, Releasee shall be free to reside in and use the Property with no further restrictions imposed by the Releasor. 5. This Release shall be permanent and shall run with the land and shall not be waived, abandoned, amended, or terminated and shall inure to the benefit and be binding upon the parties, their respective grantees, successors, or assigns. Page 1 of 2 July 3, 2018 - Page 87 of 131 6. This Release constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no inducements, representations, warranties, or understandings that do not appear within the terms and provisions of the Release. This Release may be modified only in writing, signed by both parties. 7. This release shall be recorded in the real property records of Eagle County, Colorado and the provisions of this Release shall be governed by the laws of the State of Colorado, including any action arising out of this Release. 8. If any provisions of this Release shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Release has been negotiated by the parties and their respective counsel and shall be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. RELEASOR: TOWN OF VAIL, a Colorado Municipal Corporation By: Greg Clifton, Town Manager ATTEST: Patty McKenny, Town Clerk RELEASEE: By: Alejandro Gonzalez Cimadevilla, Current Owner STATE OF ) ss COUNTY OF The foregoing instrument was acknowledged before me this Alejandro Gonzalez Cimadevilla. day of , 2018 by Notary Public: My Commission Expires: Page 2 of 2 July 3, 2018 - Page 88 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 27 Series of 2018, A Resolution Approving an Intergovernmental Operations Agreement Red Sandstone Elementary School Parking Structure (the "Agreement"); and Setting Forth Details in Regard Thereto ATTACHMENTS: Description Resolution No. 27, Series of 2018 July 3, 2018 - Page 89 of 131 RESOLUTION NO. 27 SERIES OF 2018 A RESOLUTION APPROVING AN INTERGOVERNMENTAL OPERATIONS AGREEMENT RED SANDSTONE ELEMENTARY SCHOOL PARKING STRUCTURE (THE "AGREEMENT"); 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 School District (the "District") is a Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq.; WHEREAS, on the real property adjacent to the Red Sandstone Elementary School, the Town will construct a multi-level public parking structure providing parking for 160 vehicles, as well as an access driveway and related improvements including without limitation the necessary improvements to the lower parking lot and the Frontage Road; WHEREAS, along with the Vail Reinvestment Authority the Town and the District entered into an Intergovernmental Development Agreement dated August 15, 2017, concerning funding for the Project and various duties and responsibilities (the "Development IGA"); WHEREAS, the Development IGA requires the details for operation of the parking structure within the Project to be determined by separate Operations Agreement between the Town and the District; WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29-1-203, the Town and the District may enter into agreements with one another to cooperate in the provision of services and facilities, when so authorized by their governing bodies; and WHEREAS, each Party has determined it to be in the best interest of the public health, safety and welfare to enter into this Operations Agreement. NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail, Colorado: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to execute the Agreement on behalf of the Town in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Resolution No. 27, Series of 2018 July 3, 2018 - Page 90 of 131 Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, READ, APPROVED AND ADOPTED this 3rd day of July, 2018. Dave Chapin, Mayor ATTEST: Patty McKenny, Town Clerk Resolution No. 27, Series of 2018 July 3, 2018 - Page 91 of 131 INTERGOVERNMENTAL OPERATIONS AGREEMENT RED SANDSTONE ELEMENTARY SCHOOL PARKING STRUCTURE THIS INTERGOVERNMENTAL OPERATIONS AGREEMENT (the "Agreement") is made this day of , 2018 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, Colorado 81657 (the "Town"), and the Eagle County School District, a Colorado school district with an address of 948 Chambers Avenue, P.O. Box 740, Eagle, Colorado 81631 (the "District") (each a "Party" and collectively the "Parties"). WHEREAS, the District is a Colorado school district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et seq.; WHEREAS, the Town is a Colorado municipality organized and operated pursuant to its home rule charter and Colorado law; WHEREAS, on the real property adjacent to the Red Sandstone Elementary School, the Town will construct a multi-level public parking structure providing parking for 160 vehicles (the "Structure"), as well as an access driveway (the "Driveway"), and related improvements including without limitation the necessary improvements to the lower parking lot and the Frontage Road (the "Related Improvements") (collectively, the "Project"); WHEREAS, along with the Vail Reinvestment Authority (the "VRA"), the Parties entered into an Intergovernmental Development Agreement dated August 15, 2017, concerning funding for the Project and various duties and responsibilities (the "Development IGA"); WHEREAS, the Development IGA requires the details for operation of the parking structure within the Project to be determined by separate Operations Agreement between the Parties; WHEREAS, the Parties also entered into a Lease dated April 12, 2006 and a First Amendment to Lease dated May 1, 2018; WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. § 29-1-203, the Parties may enter into agreements with one another to cooperate in the provision of services and facilities, when so authorized by their governing bodies; and WHEREAS, each Party has determined it to be in the best interest of the public health, safety and welfare to enter into this Operations Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1 6/28/2018 C: IUSERSI TNA GEL. VAILGOV. 0331APPDATAILOCALIMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOKIX6HGXYQ01 RSS OPERATIONS K - JMM. DOCX July 3, 2018 - Page 92 of 131 1. Background and Purpose. This Operations Agreement establishes the plan for operation of the Structure. The Structure is owned and operated by the Town with financial contribution from the District and the VRA. The purpose of this Operations Agreement is to ensure that the Town and the District agree in all relevant detail about operation and maintenance of the Structure, the Driveway and the Related Improvements. 2. Definitions. For purposes of this Agreement, the following terms shall have the following meanings: a. "Operation and Maintenance Costs" means the Town's actual cost to operate and maintain the Structure and the Driveway, including without limitation the cost of utilities serving the Driveway and Structure and the cost of snow removal for the Driveway and Structure. b. "School Year" means the teacher contact days in the District's academic calendar each year, plus 5% of the total number of days, as indicated on a calendar to be finalized by the Town and the District on an annual basis, at least 60 days prior to the start of the School Year. 3. Hours of Operation. The Structure will be open to the public 365 days per year, as more particularly set forth in the Conditional Use Permit granted by the Town on September 11, provided that the Town may close the Structure or any portion thereof for maintenance and repair as necessary. The Town shall use its best efforts to schedule any closing outside of the School Year. 4. Use Restrictions. a. Of the 160 total parking spaces in the Structure, 40 parking spaces on the upper level will be restricted for exclusive use by the District during the defined School Year (the "Restricted Spaces"), provided that there shall be no parking on the upper level between 11:00 p.m. and 6:30 a.m. b. Should the Town be notified of any vehicle parked in violation of the District's reserved use, the Town will use its best efforts to have the vehicle's owner notified and to have the vehicle removed. c. The Town shall provide the District with parking passes for use of the Restricted Spaces, and the District will control the distribution of its parking passes and is responsible for the replacement cost of lost or damaged passes. d. At the conclusion of each School Year, and until the start of the next School Year, the Restricted Spaces will be returned to the Town for public use. e. If the District would like usage of more than its 40 parking spaces or use of its 40 spaces after the School Year, the District will negotiate with the Town for additional parking spaces or for additional parking duration at a mutually -agreed upon 2 6/28/2018 C: IUSERSI TNA GEL. VAILGOV. 0331APPDATAILOCALIMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOKIX6HGXYQ01 RSS OPERATIONS K - JMM. DOCX July 3, 2018 - Page 93 of 131 rate, which shall be memorialized by separate agreement; provided that nothing in this Agreement shall be construed to give the District the right to any additional parking spaces during the School Year or continued use after the School Year. f. The Structure shall not be expanded without the prior written consent of the District. g. The Town acknowledges that during school drop-off and pick-up times, incoming access to the third level of the Structure may be limited. 5. Operations and Maintenance. a. The Town shall maintain and operate the Structure with cost contributions by the District. In the first year of this Agreement, beginning on the Effective Date, the District is responsible for 13.017% of the annual Operation and Maintenance Costs for the Structure, calculated as follows: Formula 2018-19 School Year 160 spaces (total capacity) x 365 days = 58,400 58,400 School Year x 40 spaces 190 x 40 = 5,320 District's Proportional Share 5,320 / 58,400 = 13.017% b. The District's share of the Operations and Maintenance Costs shall be paid annually on or before February 1st, and within 30 days of receipt of an invoice from the Town. c. The Town shall set an Operations and Maintenance Costs budget annually in consultation with the District. The above formula shall be updated and applied annually with information specific to each School Year. 6. Capital Costs Contribution. a. In addition to contributing a share of Operations and Maintenance Costs, the District shall contribute 13.017% to capital maintenance items determined by the Parties to be necessary for the Structure (the "Capital Costs Contribution"). In the first year of this Agreement, beginning on the Effective Date, the District is responsible for $0 in Capital Costs Contribution b. The District shall pay the Capital Costs Contribution annually on or before February 1st and within 30 days of receipt of an invoice from the Town. c. The Town and the District shall meet annually to establish the Capital Costs Contribution for the upcoming year and shall maintain an agreed-upon list of capital maintenance items to be completed within the next year, 5 years and 10 years. 3 6/28/2018 C: IUSERSI TNA GEL. VAILGOV. 0331APPDATAILOCALIMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOKIX6HGXYQ01 RSS OPERATIONS K - JMM. DOCX July 3, 2018 - Page 94 of 131 7. Snow Storage. Snow storage for the Structure shall not impact the District's access or use of its Restricted Spaces, provided that there shall be no parking on the upper level between 11:00 p.m. and 6:30 a.m. 8. Term and Termination. a. Term. Upon the Effective Date, this Agreement shall be for a term of one year. This Agreement shall renew for successive one year terms provided the following occurs, as required pursuant to this Agreement: (i) the District timely pays its share of Operations and Maintenance Costs and Capital Costs Contributions; and (ii) the Parties meet at least annually to establish the School Year and establish the Operations and Maintenance Costs budget and Capital Costs Contributions. b. Termination. Termination of the Development IGA shall result in automatic termination of this Operations Agreement without further action. 9. Breach and Remedies. a. District. The District's failure to timely pay its share of Operation and Maintenance Costs and its Capital Costs Contribution shall result in the District's immediate loss of access to the Restricted Spaces. b. Town. The Town's failure to operate or maintain the Structure in a manner that allows the District access to and use of its Restricted Spaces will entitle the District to a credit toward its portion of Operations and Maintenance Costs calculated according to the documented number of Restricted Spaces rendered unavailable and the documented number of days that such spaces are unavailable. 10. Insurance. The Town and the District shall carry insurance for the Structure as determined necessary by the risk carriers of each Party. The Parties shall each list the other Party as an additional insured on the appropriate policies. Annual insurance costs shall be excluded from Operation and Maintenance Costs and paid for by each Party individually. 11. Waiver and Release. The District hereby waives and release the Town, its officers, employees and agents against all liability, claims and demands on account of injury, loss or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Town's operation or maintenance of the Structure. 12. Miscellaneous. a. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre -paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. 4 6/28/2018 C: IUSERSI TNA GEL. VAILGOV. 0331APPDATAILOCALIMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOKIX6HGXYQ01 RSS OPERATIONS K - JMM. DOCX July 3, 2018 - Page 95 of 131 b. Books and Records. The Town will make available to the District upon reasonable notice all agreements, records and documents reasonably necessary to confirm or audit the Town's requests for payment hereunder. c. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. d. Integration. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. e. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. f. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. g. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. h. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. No Joint Venture. No form of joint venture exists between the Parties and nothing contained in this Agreement shall be construed as making the Parties joint venturers. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. j. Force Majeure. No Party shall be liable for a failure to perform as required by this Agreement to the extent such failure to perform is caused by a reason beyond the control of that Party or by reason of any of the following occurrences, whether or not caused by such Party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotions, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided that such Party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. k. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of either the Town or the District under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of either the Town or the District within any statutory or constitutional provision. 5 6/28/2018 C: I USERSI TNAGEL. VAIL GOV. 0331 APPDATAI LOCAL I MI CROSOFTI WINDOWSIINETCACHEICONTENT.OUTLOOKI X6HGXYQ01 RSS OPERATIONS K - JMM.DOCX July 3, 2018 - Page 96 of 131 Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities that any Party or its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24- 10-101, et seq., as amended. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. ATTEST: ATTEST: Patty McKenny, Town Clerk EAGLE COUNTY SCHOOL DISTRICT TOWN OF VAIL Greg Clifton, Town Manager 6 6/28/2018 C: IUSERSI TNA GEL. VAILGOV. 0331APPDATAILOCALIMICROSOFTI WINDOWSIINETCACHEI CONTENT.OUTL OOKIX6HGXYQ01 RSS OPERATIONS K - JMM. DOCX July 3, 2018 - Page 97 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Resolution No. 28, Series of 2018, A Resolution Approving an Amended and Restated Reciprocal Hazardous Material Incident Intergovernmental Agreement ("I GA") Between the Town of Vail and Regional Hazardous Materials Association of Colorado; and Setting Forth Details in Regard Thereto. ATTACHMENTS: Description Resolution No. 28, Series of 2018 July 3, 2018 - Page 98 of 131 RESOLUTION NO. 28 Series of 2018 A RESOLUTION APPROVING AN AMENDED AND RESTATED RECIPROCAL HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA") BETWEEN THE TOWN OF VAIL AND REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF COLORADO; 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 Parties entered into a Regional Hazardous Materials Association of Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental Agreement, dated October 9, 2012, (the "Original IGA") for the purpose of establishing a separate governmental entity known as the Regional Hazardous Materials Association of Eagle County ("RHMAEC") for purposes of conducting joint hazardous materials activities including without limitation, planning, information management, initial response, equipment procurement and sharing, personnel procurement and training, reimbursement and financial management as an operational group; and WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA in its entirety; and NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: 1. The Council hereby approves the IGA and authorizes the Town Manager to execute 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 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 3rd day of July, 2018. Dave Chapin, Mayor of the Town of Vail ATTEST: Patty McKenny, Town Clerk Resolution No. 28, Series of 2018 July 3, 2018 - Page 99 of 131 REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY (RHMAEC) AMENDED AND RESTATED REGIONAL HAZARDOUS MATERIALS ASSOCIATION OF EAGLE COUNTY ESTABLISHMENT AND RECIPROCAL HAZARDOUS MATERIAL INCIDENT INTERGOVERNMENTAL AGREEMENT ("IGA") This IGA is made and entered into this 28th day of June , 201 8 by and between the Town of Vail, Eagle River Fire Protection District, Greater Eagle Fire Protection District, Gypsum Fire Protection District, and Eagle County, hereinafter referred to collectively as "Operational Members" or "Parties" and individually as "Operational Member" or "Party." RECITALS WHEREAS, Section 29-22-102(3) (a) and (b), C.R.S., requires the governing bodies of every town, city, and county in the state to designate an emergency response authority ("DERA") responsible for hazardous substance incidents occurring within the respective jurisdictions of the governing bodies; and WHEREAS, Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1-201, C.R.S., permit and encourage governments to enter into contracts to make the most effective use of their resources for the benefit of the public; and WHEREAS, Section 29-1-203, C.R.S., authorizes the State of Colorado and its political subdivisions to enter into contracts to provide functions or services, including the sharing of costs of such functions or services, which each of the Parties may be authorized to provide; and WHEREAS, Section 29-22-103(3), C.R.S., encourages mutual aid agreements between emergency response authorities for the purpose of enhancing the response to hazardous substance incidents and establishing procedures for, among other things, utilizing equipment, sharing technical assistance and promoting the safe handling of hazardous substance incidents; and WHEREAS, hazardous materials incidents may arise in one or more of the Parties' jurisdictions, resulting in response demands that exceed the personnel, equipment and/or expertise of that particular Party; and WHEREAS, the Parties entered into a Regional Hazardous Materials Association of Eagle County Establishment and Reciprocal Hazardous Material Incident Intergovernmental Agreement, dated October 9, 2012, (the "Original IGA")for the purpose of establishing a separate governmental entity known as the Regional Hazardous Materials Association of Eagle County ("RHMAEC") for purposes of conducting joint hazardous materials activities including without limitation, planning, information management, initial response, equipment procurement {00551983.DOCX/ } July 3, 2018 - Page 100 of 131 and sharing, personnel procurement and training, reimbursement and financial management as an operational group; and WHEREAS, the Parties wish to enter into this IGA, which shall replace the Original IGA in its entirety; and WHEREAS, the Parties wish to facilitate participation in such joint hazardous materials activities by other agencies and entities with capabilities or responsibilities related to hazardous materials activities, which other agencies and entities, upon joining the RHMAEC as provided herein shall be known as "Advisory Members," and which along with the Operational Members, shall be referred to collectively as "RHMAEC Members"; and WHEREAS, to receive the RHMAEC Members resource(s), it is cost effective for each of the RHMAEC Members to make available during a hazardous materials incident, its own resources to other affected RHMAEC Members; and WHEREAS, it is in the best interests of the public and each RHMAEC Member to have access to hazardous materials response resources of other RHMAEC Members to supplement their own resources during a hazardous materials incident; and WHEREAS, establishment of the RHMAEC will serve a public purpose and will promote the safety, security, and general welfare of the inhabitants within all the participating Parties' jurisdictions; NOW, THEREFORE, in consideration of the mutual benefits that will inure to the public and the Parties, and the mutual covenants by and between each of the Parties, it is agreed as follows: 1. Establishment of RHMAEC. The Regional Hazardous Materials Association of Eagle County ("RHMAEC") is hereby established as a separate governmental entity, in accordance with Section 18 (2) (a) and (2) (b) of Article XIV of the Colorado Constitution and Section 29-1- 201, et seq., C.R.S. 2. Purpose. This IGA is entered into for the express purpose of creating RHMAEC and the mutual cooperation between the RHMAEC Members for hazardous substance response planning, and in the event of the occurrence of hazardous substance incidents it is intended to provide for the planning and initial emergency action necessary to minimize the effects of the hazardous substance incidents under Article 22 of Title 29, C.R.S. (DERA function). The Operational Members have entered into this IGA and agree to participate in RHMAEC in reliance upon the rights, obligations and immunities conferred upon them by these statutes and the provisions of the Colorado Governmental Immunities Act at C.R.S. § 24-10-101, et seq. In pursuing its DERA support functions, RHMAEC shall exist for the purposes of coordinated planning, information management and reporting, training, education, coordination, rapid deployment of qualified personnel and proper equipment for pre- and initial hazardous substance emergency action and the financial management necessary to achieve the purposes of the IGA and minimize the effects of hazardous substance incidents within Eagle County. This IGA is not intended to, nor shall it {00551983.DOCX/ } July 3, 2018 - Page 101 of 131 be construed to, affect or extend the legal responsibilities of any RHMAEC Member except as expressly provided herein; create or extend any legal rights to any person from any RHMAEC Member that do not otherwise exist in the absence of this IGA; or, to waive any claims which may arise as a result of a hazardous materials incident, including claims for reimbursement from persons responsible for hazardous substance incident or from any emergency response funds created under state or federal law. 3. Definitions. As used herein the terms "hazardous material incident" and "hazardous substance incident" shall be synonymous and shall have the same meaning as provided in Section 29-22-101(2), C.R.S., as amended from time to time. 4. RHMAEC Members. There shall be two categories of RHMAEC Members. A. Operational Members. Parties to this IGA shall be Operational Members of RHMAEC. Each Operational Member shall name one primary representative as a full voting member of the Board of Directors of RHMAEC. Each Operational Member may also designate an alternate for the purpose of attending meetings and voting in the absence of the designated primary representative. Operational Member representatives shall comprise the RHMAEC Board of Directors. B. Advisory Members. All other members of RHMAEC shall be designated as Advisory Members; RHMAEC shall include representatives ("Advisory Members") from interested or involved groups as such representatives are available. A representative from the Eagle County Local Emergency Planning Committee is encouraged to be involved as member at this level. 5. Board of Directors. A Board of Directors consisting of the designated primary representatives of the Operational Members shall govern the business and affairs of RHMAEC (the "RHMAEC Board of Directors"). Officers of RHMAEC shall be elected from among the Operational Members' primary representatives or in the case when no Operational Member is available to fill the role of Secretary a representative of the Advisory Members may be appointed to the position of Secretary by a majority of the Board, as provided in the Bylaws. The elected Treasurer of RHMAEC shall have the primary responsibility of ensuring proper management of the financial resources of RHMAEC with oversight by the RHMAEC Board of Directors as further provided in the Bylaws; 6. Bylaws. The RHMAEC Board of Directors shall, by two-thirds (2/3) vote, enact and from time to time amend bylaws ("Bylaws") to govern the organization and operation of RHMAEC. 8. DERA Responsibilities. Nothing in this IGA shall be deemed to alter the authority of any existing DERA pursuant to Section 29-22-102(3), C.R.S., except for coordination of cost reimbursement as described herein. A response by RHMAEC team(s) and equipment to a hazardous substance incident under this IGA shall be under the operational control of the DERA, and shall not alter the responsibility of the DERA in whose jurisdiction the incident occurs to command the response. All Parties hereto hereby delegate to RHMAEC their DERA authority to {00551983.DOCX/ } July 3, 2018 - Page 102 of 131 seek cost reimbursement for hazardous substance incidents involving a response by RHMAEC teams or equipment. 9. Cost Reimbursement. Whenever a response to a hazardous substance incident involves RHMAEC team(s) or equipment, the Parties agree that RHMAEC shall function as coordinator of claims for reimbursement of costs incurred by all responding RHMAEC Members (including the DERA). The RHMAEC Board of Directors shall adopt procedures for preparing and submitting requests for cost reimbursement and allocation of reimbursement revenue. In conjunction with these policies RHMAEC Members will use their previously approved Cooperator Resource Rate Forms (CRRF) outlined through the Colorado State Forest Service (CSFS) for all billing. The RHMAEC shall timely submit the coordinated claim on behalf of itself, the DERA and the responding RHMAEC Members. Should such reimbursement proceeds be less than the total costs of all RHMAEC Members (including the DERA) involved in the incident response, reimbursement to all such RHMAEC Members (including the DERA) shall be reduced in a proportionate manner. Unreimbursed costs incurred by RHMAEC team(s) or equipment shall be absorbed by the RHMAEC Members involved in the incident. Any reimbursement of costs coordinated by RHMAEC shall follow the rules for reimbursement ("Rules") as promulgated by Colorado Department of Public Safety pursuant to Section 29-22- 104 (6)(a), C.R.S. Claims for reimbursement shall be submitted to RHMAEC within 24 days following the date the incident scene is declared safe by the DERA. All Parties to this IGA and all Advisory Members, by participating in RHMAEC waive any rights to seek reimbursement for an incident for which RHMAEC has been delegated reimbursement authority, except through RHMAEC, and authorize RHMAEC to settle and compromise any claim for reimbursement following procedures adopted by the RHMAEC Board of Directors. 10. Response Area. It is the intent of the Parties that the primary response area of RHMAEC shall be limited to Eagle County. Upon written agreement signed by two-thirds (2/3) of the RHMAEC Board of Directors, RHMAEC may enter into agreements to provide assistance outside Eagle County upon request. 11. RHMAEC Response. Whenever the DERA determines that a hazardous substance incident within its jurisdiction requires RHMAEC resources, a request for RHMAEC assistance shall be made. Upon receiving a request for assistance, RHMAEC will provide the requested resources to the location of the hazardous substance incident in accordance with RHMAEC Policies and Best Practices. For the duration of the hazardous substance incident, the responding RHMAEC Member personnel shall defer to the DERA for designation of Incident Commander. 12. Funding and Property. Operational Member contributions shall be determined by agreement among the Parties for the initial funding in 2002. For each subsequent year, Operational Membership contributions will be made on an annual basis and shall be proposed by the RHMAEC Board of Directors. All budget proposals are subject to formal approval by the governing body of each individual Operational Member. Operational member contributions will be based upon a percentage of one quarter of one percent of the previous years' operating budget of each Operational member excluding items listed in Exhibit A. The procedures for budgeting, setting contributions and approvals by the governing body of each Operational Member shall be detailed in the adopted Bylaws. It is the intent of the Parties that financial support of RHMAEC {00551983.DOCX/ } July 3, 2018 - Page 103 of 131 functions and equipment, as well as reliance on RHMAEC equipment and expertise, shall be shared among the Parties. 13. Insurance. Each Party shall at its own expense, keep in full force and effect, during the term of this IGA, general liability insurance coverage to protect against claims for bodily injury and property damage arising out of the acts or omissions of their own employees or agency, and liability insurance on any equipment or rolling stock they own or lease in accordance with the Colorado Revised Statutes. Personal Liability and/or Public Officials insurance will be provided by RHMAEC for all members of the RHMAEC Board of Directors. 14. Hazardous Substance Incident Response. It is anticipated that initial responses to hazardous substance incidents shall be through the resources and equipment of the individual Operational Members responding separately but acting in concert and cooperation. Operational Members may request RHMAEC resources, which resources may consist of individuals from various Operational Members and equipment funded by RHMAEC. 15. Employees of RHMAEC Members. When providing any services pursuant to this IGA, including responding to a hazardous materials incident and providing services in furtherance of the DERA under this IGA, employees of RHMAEC Members shall at all times remain and act as employees of their respective RHMAEC Member, subject to the terms of this IGA. RHMAEC Members shall remain responsible for the compensation, benefits and insurance of such employees at all times. 16. Termination. Any Operational Member may terminate or withdraw from this IGA for any or no reason upon ninety (90) days advance written notice to the RHMAEC Board of Directors. Such written notice shall serve as a formal amendment to this IGAand negate the need for further amendment. Any Operational Member choosing to withdraw from RHMAEC shall be responsible for their annual contribution commitment after the start of each fiscal year. Any dues, donations or other contributions owing at the time of withdrawal shall be paid prior to withdrawal. Any Advisory Member may withdraw at any time upon written notice to the RHMAEC Board of Directors, subject to the same reimbursement rights and obligations. Upon withdrawal from RHMAEC, the Operational Member shall surrender all critical items such as gas detectors and hazmat suits, unless a written request to retain said equipment has been submitted and approved by the RHMAEC Board of Directors. 17. Additional Operational Members. Agencies desiring to join RHMAEC as Operational Members subsequent to its organization shall execute a copy of this IGA and a separate agreement with the RHMAEC Board of Directors that adheres to the policies and principles herein, and pay accumulated dues, capital contributions or other assessments as determined at the discretion of the RHMAEC Board of Directors. Such agreements related to joining RHMAEC as an Operational Member shall be approved by a majority vote of the RHMAEC Board of Directors. Upon delegation of an Operational Member's DERA authority to another entity, such entity shall become an Operation Member upon executing such agreements and approval by the RHMAEC Board of Directors. {00551983.DOCX/ } July 3, 2018 - Page 104 of 131 18. Governmental Immunity. Nothing in this IGA shall be construed as a waiver of the limitations on damages, or as a waiver of the privileges, immunities, or defenses provided to, or enjoyed by, any of the RHMAEC Members under common law or pursuant to statute including, but not limited to, the Colorado Governmental Immunity Act, Section 24-10-101, et seq., C.R.S. and Sections 24-32-2604, et seq., C.R.S. 19. Worker Compensation and Pension Benefits. Pursuant to Sections 29-5-109, and 29-5- 110, C.R.S., and this IGA, if any personnel of a responding RHMAEC Member is injured, disabled, or dies as a result of performing services within the boundaries of another jurisdiction, said individual shall remain covered by, and eligible for, the workers' compensation and pension benefits, including disability, death, and survivor benefits, to which the individual would otherwise be entitled if the injury, disability, or death had occurred within the jurisdictional boundaries of the responding RHMAEC Member. 20. Prior Agreements. The terms of this IGA shall supersede the terms of any pre-existing agreements between RHMAEC Members regarding responses to hazardous substance incidents and actions or responsibilities, except for incidents that do not require the assistance of other RHMAEC Members or RHMAEC. This IGA shall not affect or supersede any other agreements, including mutual aid agreements between RHMAEC Members. 21. Whole Agreement. This IGA embodies the whole agreement between the Parties regarding responses to hazardous substance incidents and actions or responsibilities under Emergency Planning and Community Right -to -Know Act, except for incidents that do not require the assistance of other RHMAEC Members or RHMAEC, and there are no inducements, promises, terms, conditions or other obligations made or entered into by the Parties other than those contained herein. 22. Successors and Assigns. This IGA shall be binding upon the Parties hereto, their respective successors or assigns, but may not be assigned by any Party without the express written consent of the other Parties. 23. Severable. All terms contained in this IGA are severable and in the event that a court of competent jurisdiction shall hold any of them invalid, this IGA shall be interpreted as if such invalid term or condition is not contained herein. 24. Authorization. The signatories to this IGA affirm and warrant that they are fully authorized to enter into and execute this IGA, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this IGA have been made. 25. Amendment. This IGA may be amended from time to time by written IGA duly authorized by all the Parties to this IGA. No modification or waiver of this IGA or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all Parties. {00551983.DOCX/ } July 3, 2018 - Page 105 of 131 26. No Third Party Beneficiaries. This IGA does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 27. Recording. This IGA, or a memorandum of this IGA, may be recorded in the records of the Eagle County Clerk and Recorder. 28. Effective Date. This IGA shall be effective upon approval by each of the Operational Members named herein, as evidenced by such duly passed resolution, ordinance or other appropriate authorization of each, and the execution of this IGA by the Operational Members' authorized representatives. // REMAINDER OF PAGE INTENTIONALLY LEFT BLANK // {00551983.DOCX/ } July 3, 2018 - Page 106 of 131 WHEREFORE, the duly authorized representatives of Operational Members hereto have executed this Reciprocal Hazardous Material Incident Intergovernmental Agreement effective as of the date and year first written above. Eagle River Fire Protection District Date Greater Eagle Fire Protection District Date Gypsum Fire Protection District Date Eagle County Sheriff Date TOWN OF VAIL By: Date: Attest: Town Clerk Mayor COUNTY OF EAGLE, STATE OF COLORADO, by its Board of County Commissioners By: Chair Date: ATTEST: Clerk to the Board {00551983.DOCX/ } July 3, 2018 - Page 107 of 131 EXHIBIT A The following items shall be excluded when determining individual Operational Member contributions to the RHMAEC budget: • HR • Finance • Legal • Payroll Services • Treasurer • Capital • Cash Balance • Board of Director Fees • Elections • Debt Service • Information Technology • Grants {00551983.DOCX/ } July 3, 2018 - Page 108 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Town Manager Report ATTACHMENTS: Description Town Manager Report TOWN OF 1 X41 July 3, 2018 - Page 109 of 131 TOWN OF VAIL ` 75 South Frontage Road West Vail, Colorado 81657 vailgov.com TOWN MANAGER REPORT - July 3rd TOWN COUNCIL MEETING TOPICS Colorado Municipal League Conference Retreat Schedule Community Development Director CC4CA Retreat Action Plan Update Future Council Presentations CML Annual Conference Town Manager's Office 970.479.2106 970.479.2157 fax The three-day conference occurred in Vail, with most of the sessions and large events occurring in Marriott, Antlers, and Arrabelle. The attendance was quite large and the sessions were excellent. I do believe that the Town of Vail presented itself quite well. Of note is the music provided during the Wednesday evening reception, courtesy of the Town (thanks to Patty McKenny and others for orchestrating), the 5K run on Thursday (thanks to Vail Rec District) and the AIPP tour which was very well received, and timed perfectly with the arrival of Patrick Dougherty, the shaper of sticks. The conference was highlighted with a keynote speech by the Director of the Colorado Dept of Local Affairs, Iry Halter. Mr. Halter is a veteran of over 32 years in the United States Air Force where he rose to the rank of Major General. He has held senior positions at the Air Force Academy, the National Reconnaissance Office, and Joint Staff in Washington, DC. His speech, largely regarding leadership at the local level, was inspiring and emotional. His message was simple — "get it done, and be ready to take risks". I asked CML Director Sam Mamet for his comments on the retreat overall: We had a near record attendance, nearly 1300 people. There were over 40 sessions throughout the three days. The Vail merchants rolled the red carpet out for our folks, and the discounts offered were much appreciated. The Marriott, Arrabelle, Ritz, and Antlers were marvelous. Everyone loved the Vail hospitality July 3, 2018 - Page 110 of 131 Town Manager's Report Retreat Schedule We are scheduling two retreats with the Town Council for August. The Budget Retreat will occur during a regular Council meeting, August 21st, at the Grandview. This will be an afternoon retreat and details will follow. The date of the second retreat, with Vail Resorts, is still in play, and will likely be reported during presentation of this report at the July 3rd Council meeting. Stay tuned. It may be beneficial to schedule our quarterly retreats for the calendar year well in advance to ensure availability, location, and consistency. The thought is to schedule the retreats to occur the off -Tuesday of January, April, August, and November, with the August retreat being devoted to the budget process. The November retreat, during election years, could include orientation for new councilmembers. We can discuss to see if this works. Status of Community Development Director Recruitment The window for submittal of applications closed with 55 applications, with one internal to the organization. A panel of eight persons has been assembled consisting of representatives of PEC, DRB, the Building Appeals Board, and Town staff. The panel, together with HR staff, will be shortlisting the candidates and participating in on-site interviews with the semi-finalists scheduled for Monday, July 16th We will ensure that the successful candidate, upon start date, is afforded thorough onboarding internally with the assistance of our tenured staff. CC4CA Retreat The Town of Vail is hosting the annual retreat for the Colorado Communities for Climate Action (CC4CA) at the Clubhouse. The event is occurring on Thursday, June 28th. The retreat will focus upon organizational structure, leadership, updates to the policy agenda, policy goals, and membership. The group is currently comprised of 19 local governments, and the attendance at the retreat is upward near 30 people. Action Plan Update The draft Town Council 2018-20 Action Plan has been reworked to include outcomes from the May 15th Council retreat, and the worksession that occurred Page 2 July 3, 2018 - Page 111 of 131 during the regular Council meeting on June 5th. It was anticipated that this draft would be provided during the July 3rd Council meeting for further input, but in the interest of keeping the agenda manageable, the draft will be circulated and slated for discussion on July 17tH Future Council Presentations Eagle County Youth Master Plan (Eagle Youth Collaborative) On Friday, June 15th, I met with Mikayla Curtis with Eagle River Youth Coalition to talk about the Eagle County Youth Master Plan. The meeting was very good, and the pending master planning process is well engaged and quite meaningful in terms of establishing broad stakeholdership of children and youth in regional policies, programs, and opportunities. I suggested that the Collaborative plan on having a presentation to the Council at one of the upcoming Council meetings. The timing of this could be beneficial as it may help inform/refine some of the Council actions currently being considered. CDOT On Friday, June 22nd, at CDOT's request, we had a meeting with the Executive Director of CDOT, Michael Lewis, who oversees the entire department of 3,300 employees statewide and an annual budget of approximately $1.4 billion. He was accompanied by his chief engineer, Josh Laipply, and I was accompanied by our Economic Development Director, Mia Vlaar. As a matter of background, Mr. Lewis previously served as project director for Boston's Central Artery/Tunnel Project ("The Big Dig") until project completion in 2007. The topic of the meeting was 1-70 and specifically how the interstate integrates with the Town of Vail, presently, and possibilities for future improvements that may involve decking or tunneling. At the conclusion of the meeting, I asked Director Lewis if he would have the time to chat with the Town Council, to which he responded positively. We will arrange it. Emerging Technologies (Autonomous Vehicles) One of the sessions at the CML conference was presented by Mr. Rutt Bridges, Executive Director of Understanding Disruption. The session was entitled AUTONOMOUS VEHICLES: THE DISRUPTION OF DRIVERLESS MOBILITY. Focus was given to the rapidly arriving new technologies related to autonomous vehicles, and the impact (positive and negative) that these innovations may have upon mobility, car ownership, infrastructure, and of course, local communities. I met Mr. Bridges after the session and asked if he would have interest in presenting in front of our Council, perhaps with neighboring jurisdictions invited. He politely agreed, and we will pursue this possibility. Stay tuned. Town Manager's Report Page 3 July 3, 2018 - Page 112 of 131 TOWN OF 1 X41 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Draft RFP for Civic Plan Area PRESENTER(S): Greg Clifton, Town Manager and Chris Neubecker, Interim Community Development Director ATTACHMENTS: Description Civic Area Plan Memorandum 070318 July 3, 2018 - Page 113 of 131 411 TOWN OF vain' Memorandum TO: Town Council FROM: Community Development Department, Town Manager's Office DATE: July 3, 2018 SUBJECT: Civic Area Plan I. Purpose of this Work Session Discussion The Civic Area Plan has been an articulated priority for the Town Council within the 2015-2017 Action Plan, as well as the pending 2018-2020 Action Plan. During its retreat with Town staff on May 15, 2018, Council expressed its desire for the Civic Area Plan to be pursued as a matter of high priority. It was further expressed that the West Vail Plan would be accorded a similar priority, with the stated intent that the two planning endeavors could overlap. Staff has assembled a team to outline the steps involved in the planning process, and draft an RFP for issuance. It is further staff's intent to formulate a similar process for the West Vail Plan in the near term (second half of the 2018 calendar year) and it is a certainty that the two planning processes will overlap. With current staffing shortages within the Community Development Department (both the Community Development Director position and the Planner I/Planner II position are vacant and recruitment is active), it is respectfully noted that starting both plans concurrently may provide challenges in terms of allocation of staff resources. The purpose of this work session is to discuss the overall planning process for a Civic Area Master Plan ("The Plan"); which is necessary to guide the future development and use of Town owned properties in the Lionshead area, specifically the Lionshead Transportation Center, Charter Bus Lot, Dobson Arena, Vail Library, Lot 10 parking area (currently used by Vail Health) and the surrounding rights-of-way. A map of the Civic Area is attached hereto. The map further references the non-contiguous parcels on the other side of South Frontage Road that currently include the Town Hall and Community Development facilities. The inclusion of these parcels into the Civic Area is not a certainty at this time. Similarly, other nearby Town properties or rights of way that are not depicted on the map may be considered. The mapped parcels ("Study Area") should be viewed with these qualifications in mind. The planning process will study how the Town can best use the lands within the Study Area to meet its needs and goals. The Plan can also study how various potential uses and designs may affect adjacent properties, including nearby residential properties such as Vail International, Vail Health, the Lodge at Lionshead, and the Evergreen Lodge. The process for the Plan will be critical to its success and must ensure that the final document reflects the desired vision for the community as determined by the citizens, developers, land owners, business leaders, appointed and elected officials, and other stakeholders through the community engagement process. Once adopted, the Plan will help guide future decision making and implementation within the Civic Area. July 3, 2018 - Page 114 of 131 As noted, implementation of the Plan will be attributed a high priority for the 2018-20 Town Council Action Plan. There are factors supporting this high priority. Notably, the Civic Area lies within the boundaries of an existing urban renewal authority (Vail Reinvestment Authority or "VRA") as created in 2004. In 2005, tax increment financing was authorized (Lionshead TIF District) and incremental property tax revenue has been collected within the VRA since 2007. In, 2010 the VRA issued two bonds in the aggregate principal amount of $11.9M which has been used to help fund several capital projects (some projects are still pending). The Study Area lies within the Lionshead TIF District. After accounting for previous and pending capital projects funded through the bond issuances as noted above, additional property tax revenues will be realized until the end of the funding period in 2030. These additional revenues are estimated to be $36.3M. It is anticipated that these funds will be used to capitalize prioritized projects within the TIF District, likely involving additional bond issuance secured by the TIF revenues. The Vail Town Council sits as the Vail Reinvestment Authority. II. Action Steps for Civic Area Planning Process A master plan is not a site specific development plan and will not include detailed designs for specific buildings. Additional design work will be required after completion of the Plan. Similarly, the Plan will not affect existing zoning or permitted land uses, but rather provide basis for recommendations for future changes to zoning and land use regulations as may be needed. The Plan will basically involve four steps, commencing with the development of the guiding principles, followed by formulation of design concepts. From the conceptual outcomes will come a recommended course of action(s), which will be implemented subject to funding, additional design work, and applicable zoning and land use changes as noted above. The process can be simplified by the following graphic: GO 1915 CON/4c. •O 4. START - FINISH VIBRANT CIVIC CORE AREA Town of Vail Page 2 July 3, 2018 - Page 115 of 131 III. Guiding Principles The Town is now in the first step of the process — the formulation of guiding principles. This will commence with the issuance of a Request for Proposals ("RFP") to engage the services of a public engagement facilitator and a planning and design consultant team. The public engagement facilitator will help the Town Council and the community to answer these foundational questions in order to hone in on the guiding principles: • What are the "Givens" to inform the planning process? • What defines the Study Area? • What are the current needs / problems in the Study Area? • What are the opportunities / solutions? • How will we measure success of this Plan? A robust public engagement process will help to ensure that as many issues and opportunities as possible are identified early in the process. This process can help to reduce risks later in the planning and design phases of the project. Additional time spent in this first process is expected to save time in the design and recommendations phase at the end of the process. Initial Steps: 1. Issue an RFP to identify and engage the services of a qualified consulting team with expertise in public engagement, urban planning, urban design, and architecture. 2. List the "Givens" of the planning project (see below). 3. Define the Study Area which, at this time, is assumed to include the parcels delineated on the appended map. 4. Identify the issues and opportunities, to be articulated in a Problem or Opportunity Statement formulated through facilitated public engagement. Subsequent Steps In addition to the steps listed above, additional steps in the planning process are anticipated to include the following: 5. Appointment of a Steering Committee to assist the Town with selection of a consultant and to ensure the planning process remains focused and on schedule. The Steering Committee will not manage or run the planning process, but rather help facilitate the project and act in an advisory capacity by giving advice and support throughout the process. Members of a Steering Committee will need to commit to attending and participating actively in committee meetings, and will become the advocates for the Plan that they help to steer through the public process. 6. Host a series of public meetings, interviews, and surveys to solicit input and ideas from the community as a whole. This may include use of technology to reach out to people that cannot participate in traditional meetings (i.e. Vacation home owners, part-time residents, workers living down -valley, busy parents, etc.) 7. Perform a review of existing documents and plans, including past studies for the Civic Area, Lionshead Redevelopment Master Plan, Transportation Master Plan, Land Use Plan, Streetscape Master Plan and Vail Economic Development Strategic Plan 8. Complete an existing conditions survey of the Study Area and adjacent properties, include public rights-of-way 9. Study the alternatives to incorporate resident -occupied, deed -restricted housing into the Study Area 10. Identify any potential environmental issues in the area, or areas where the environment may need improvements Town of Vail Page 3 July 3, 2018 - Page 116 of 131 11. Evaluate potential improvements and/or relocation of some of the existing municipal facilities within the Town Hall and Community Development parcels located at 75 South Frontage Road, in close proximity to the Civic Area 12. Study the existing Lionshead Transportation Center, and its structural ability to add parking or other amenities 13. Study and identify improvements for traffic, pedestrian flow and connectivity, and transit 14. Prepare conceptual solutions for identified facilities and programs, including bulk and mass, and architectural themes 15. Identify current and proposed zoning and land uses recommended to achieve the objectives or to implement the Civic Area Plan 16. Assist in formulating recommendations to the Town Council "Givens" These can be approved by the Town Council at the beginning of the planning process, and/or identified during the public engagement process. The following are suggested: ➢ The Town Council, acting as both the Vail Reinvestment Authority and the property owner of those parcels within the Study Area, has final decision making authority. ➢ The Study Area is assumed to include those properties delineated within the attached map. ➢ The Town of Vail, which largely relies upon visitor -based revenues, seeks to be economically diverse and competitive; ➢ The Dobson Ice Arena, with the possible inclusion of adjoining undeveloped property, could serve a significant role in providing multiple uses on a year-round basis; ➢ Affordable (deed restricted) housing remains a high need for the Town of Vail and throughout the community; ➢ Emerging technologies should be employed within the context of the Plan when and where opportunities arise; ➢ Proposed development should be consistent with the Town's commitment to environmental sustainability; ➢ Community engagement tools shall be utilized to foster strong public outreach and citizen participation; ➢ The Lionshead TIF District expires June 6, 2030 and revenues from TIF need to be expended by that time; ➢ These future TIF revenues could be used, as they have in the past, to secure a bond issuance that would enable the financing of some or all of the Plan outcomes in the near future; IV. Schedule and Estimated Budget The Civic Area Plan will involve a significant amount of staff time, a robust civic engagement process, stakeholder interviews and many public meetings. We anticipate that the process can be completed within twelve months, with initial research already underway, and completion in late summer 2019. 1. Background research on existing conditions, review of past studies and plans, and an assessment of existing conditions (2 months — Already started) 2. Public Engagement Process - Identifying the Community Vision and Goals, Objectives and Polices for the Civic Area (4-6 months) 3. Determine Plan Design Options, and select a preferred alternative (2-3 months) 4. Implementation Plan — Identify the policies, steps, actions and investments needed to Town of Vail Page 4 July 3, 2018 - Page 117 of 131 accomplish the plan objectives (2 months) 5. Plan Adoption — (3 - 4 months) Based on the proposed timeframe, scope of work, and deliverables, we anticipate that the budget for the Civic Area Plan consultant services to be in the range of $150,000 - $200,000. This money is currently budgeted in Community Development for 2018, but will be required to be rolled over into 2019 due to the timing of the proposed work. V. Action Requested of Town Council Staff is requesting direction from the Town Council on authority to move forward with the planning process, and specifically the public release of a Request for Proposals (RFP), predicated upon the steps and assumptions as articulated above. Town of Vail Page 5 July 3, 2018 - Page 118 of 131 Civic Area Map Study Area Properties e I U I Feet 0 50 100 200 Tnls map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the Information contained herein. (where shown. parcel Ilne work w approximate) July 3, 2018 - Page 119 of 131 Last Modified: June 29, 2018 TOWN OF VA L. TOWN OF VAIL� DRAFT REQUEST FOR PROPOSAL To Provide Public Engagement, Urban Planning, Urban Design and Architectural Services For Vail Civic Area July 1,2018 Town of Vail Community Development Department Vail, Colorado 1 July 3, 2018 - Page 120 of 131 SECTION I: TERMS AND CONDITIONS A. Invitation Qualified design teams (herein the "Proposer(s)") are invited to submit a sealed proposal to the Town of Vail, Colorado, to provide public engagement, urban planning, urban design and architectural services for the Vail Civic Area. The purpose of this solicitation is to bind a qualified, competent, and experienced Proposer into a formal written agreement with the Town of Vail to perform the scope of work described in this Request for Proposals. The complete Request for Proposals document can be obtained at the Town of Vail, Community Development Department, located at 75 South Frontage Road, Vail, Colorado, or online at the Town of Vail Share File site. Additional instructions for obtaining the Request for Proposals can be found in Section I(B) of this document. This invitation is not to be construed as a commitment of any kind on the part of the Town of Vail, nor does it commit the Town of Vail to pay or otherwise reimburse any costs incurred in the submission of a proposal package, nor for any costs incurred prior to the mutual execution of a formal written agreement. B. Advertisement and Notice of Invitation Requests for Proposal (herein "RFP"), including response submittal requirements for: Vail Civic Area Public Engagement, Urban Planning, Urban Design and Architecture Services are available on the Town of Vail Share File site and at the Town of Vail Community Development Department Building, 75 South Frontage Road, Vail, CO. 81657. Access to the Share File site can be obtained by emailing Shelley Bellm at sbellm(c�vailgov.com. All Proposers must download the submittal requirements by registering with Shelley Bellm at sbellm@vailgov.com Proposers will be added to the plan holder's list and Share File system to receive future updates. Failure to do so may result in disqualification. All questions shall be directed to Chris Neubecker at cneubecker@vailgov.com or at 970-479-2148 by 3:00 pm, Thursday, July 26, 2018. C. Schedule To be considered, the following schedule shall be strictly adhered to: Eight (8) printed hard copies and one (1) electronic (PDF) copy must be received by the Town of Vail at the location below by no later than 12:00 noon (local time), Friday, August 3, 2018 (the "Deadline"). Any proposal received after the Deadline will not be considered and all materials will be returned to the Proposer unopened. 2 July 3, 2018 - Page 121 of 131 Town of Vail Community Development Department 75 South Frontage Road Vail, Colorado 81657 Attn: Chris Neubecker, Interim Director of Community Development Proposal Deadline 12:00 noon local time August 3, 2018 Pre -Proposal Bidders Conference at the address above at 1:30 pm local time July 19, 2018 Site Visit to Study Area at 2:30 pm local time July 19, 2018 RFP Questions deadline at 3:00 pm local time July 26, 2018 Selection Interviews from 2:00 pm to 5:00 pm local time August 22, 2018 Selection Announcement August 28, 2018 Project Start August 29, 2018 The Town of Vail is under no obligation to comply with the schedule shown above, provided that all prospective Proposers or other interested parties known to the Town of Vail shall be notified equally of changes made to the schedule by the Town of Vail within a reasonable time after any such changes are made. In no event shall any proposer or other interested parties have any redress to the Town of Vail, be it financial or otherwise, in the event the Town of Vail changes this schedule in any way. Responsibility for submitting the proposal to the Town of Vail on or before the Deadline shall remain solely and strictly that of the proposer. All Proposers are encouraged to review this RFP carefully and to investigate all conditions involved in the execution of work requested. The selected Proposer shall not be allowed additional compensation for items on which it has failed to inform itself prior to the opening of proposals. SECTION II: Form of Response This Section contains detailed instructions to which Proposers must adhere in the preparation and submittal of proposals to the Town of Vail. For purposes of evaluation, Proposers are advised the proposal content, completeness of information, clarity, ease of reference and effectiveness in demonstrating the qualifications of the Proposer is most important. Eight (8) printed hard copies and one (1) electronic copy (PDF) are required to be submitted by 12:00 noon, (local time), Friday, August 3, 2018. The proposal shall be submitted in a self addressed, sealed envelope or box clearly marked with the following information: "Vail Civic Area RFP — Attention Chris Neubecker" Proposals must include the following information to be considered: A. Cover letter describing the interest the Proposer has in working on the project and what uniquely sets them apart from other equally qualified Proposers. B. Professional background information about the Proposer including an indication of who is the project lead and the firm or entity responsible for execution on behalf of the team. 3 July 3, 2018 - Page 122 of 131 C. Description of relevant experience. Specifically civic and municipal area planning, design of meeting facilities, experience designing parking structures, urban design in highly pedestrianized areas, design of ice arenas, developments for municipalities or special districts of similar size and magnitude in mountain resort communities similar to Vail, Colorado. Please provide at least three reference contacts including name, contact information, project date, brief project description, original project budget and final project cost. Please provide an explanation of any variation from the original budget and final project cost. D. Description of the development approach to the project, noting project understanding, unique challenges, assessments and project interpretation, and strengths that the individual, firm or team bring to this project. Please be clear and concise when describing the development approach. Any new, creative or innovative ideas and approaches to the development and public engagement process should be addressed in this section. E. Specify personnel to be assigned by name, position, specific office location, and commitment of time to the project. Attach resumes of assigned personnel. Please note the local preference for this project. F. Provide a brief vision statement of the individual, firm or team's goals and objectives for the public engagement and conceptual design process and describe what a successful relationship with the Town of Vail would look like. The Town of Vail is most interested in evaluating how the selected Proposer intends to engage the input of the community to identify a vision for the Study Area. G. Provide a draft public engagement, planning and design process that reflects an ability to successfully complete the process within one year of the start of the contract. The development schedule shall include, but not be limited to, public engagement, review of existing plans and documents, visioning, SWOT analysis of existing facilities and lands in the study area, conceptual designs, and plan approval.. H. Provide a fee proposal for the scope of services of the project, with a breakdown of that fee into the following phases: background research, public engagement process, design options, plan implementation steps, and plan approval. The fee proposal breakdown shall include a complete line item budget for the work with explanations as necessary. I. The Proposer shall obtain and maintain in force for the term of an agreement the following insurance coverage's. Certificates of insurance evidencing such coverage's shall be furnished to the Town of Vail at the time of signing of an agreement. Prior to cancellation of, or material change in, any requisite policy, thirty (30) days written notice shall be given to the Town of Vail through its risk manager. All automobile liability and general liability policies shall include the Town of Vail as an additional named insured by policy endorsement. 1. Automobile Liability (including owned, non -owned, and hired) in an amount not less than one million dollars ($1,000,000) each occurrence and not less than two million dollars ($2,000,000) general aggregate. 2. Worker's compensation and employer liability in accordance with the Worker's Compensation Act of the State of Colorado for employees doing work in Colorado in accordance with this Agreement and with limits in an amount not less than five hundred thousand dollars ($500,000) each accident and not less than one million dollars disease- policy limit and not less than one million dollars disease- each employee. 3. Comprehensive General Liability (including personal injury) in an amount not less than one million dollars ($1,000,000) per each occurrence and not less than two million dollars ($2,000,000) in the aggregate. 4 July 3, 2018 - Page 123 of 131 4. Professional errors and admission liability insurance in an amount not less than one million dollars ($1,000,000) each claim and not less than two million dollars ($2,000,000) in the aggregate. J. A written statement identifying any reservations, conditions or constraints related to the request for proposals. K. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail acknowledging that all design work, including but not limited to plans, photographs, documents, reports, engineered drawings and Project work shall be completed in a professional and workmanship -like manner and that the Project work shall fully comply with all applicable Town of Vail regulations and ordinances and State and Federal laws and requirements. L. A completed proposal bid form (attached) M. Upon selection, the selected Proposer shall execute an agreement with the Town of Vail acknowledging that all design work, including but not limited to plans, photographs, documents, reports, engineered drawings and other work produced for the Project shall become property of the Town of Vail, and may be used or reproduced by the Town if Vail without approval from or additional compensation to the Proposer. The Town of Vail reserves all rights to investigate the qualifications of any and all individuals and firms under consideration, to perform a financial audit of one or more firms, to confirm any part of the information furnished in a proposal, and to require further evidence of managerial, financial or professional capabilities which are considered necessary for the successful performance of work described in this RFP. The Town of Vail reserves the right to reject any or all proposals and to waive informalities and minor irregularities in proposals received. All proposals and supporting documents, except such information that discloses proprietary or financial information submitted in response to qualification statements, becomes public information held in custody of the Town of Vail after the proposal submittal date given in this RFP. The Town of Vail assumes no liability for the use or disclosure of technical or cost data submitted by any Proposer. Nevertheless, if a proposal contains information that the Proposer does not want disclosed to the public, or used for any purpose other than the evaluation of this offer, all such information must be indicated with the following or similar statement: "The information contained on pages shall not be duplicated, used in whole or in part for any purpose other than to evaluate the proposal provided; that if a contract is awarded to this firm as a result of the submission of such information, the Town of Vail shall have the right to duplicate, use or disclose this information to the extent provided in the contract. This restriction does not limit the right of the Town of Vail to use the information contained herein if obtained from another source." All such nondisclosure items specified in the proposal shall be subject to disclosure as provided in Part 2 of Article 72 of Title 24, C.R.S. ("The Colorado Public Records Act") or as otherwise provided by law. 5 July 3, 2018 - Page 124 of 131 SECTION III: Scope of Professional Services The Town of Vail is seeking proposals for professional services from qualified design teams (the "Proposer(s)") to assist the Town of Vail with Public Engagement, Urban Planning, Urban Design and Architectural services to determine a conceptual solutions and goals for the future development of the Study Area. The analysis work will include identifying community needs and desires for public facilities that can be incorporated into the Study Area, and to determine which uses best fit within the Study Area, and how the uses might positively impact and benefit the Vail community. The Plan will basically involve four steps, commencing with the development of the guiding principles, followed by formulation of design concepts. From the conceptual outcomes will come a recommended course of action(s), which will be implemented subject to funding, additional design work, and applicable zoning and land use changes as noted above. The process can be simplified by the following graphic: 0 C0 RECOMM Y �oi}fN START f - - FINISH PLAN VIBRANT CIVIC CORE AREA The scope of the services will, in general terms, be predicated upon oversight and assistance in the successful completion of the Civic Area Plan. Specifically, the selected Proposer will be responsible for the following: • Assist as needed in defining the Study Area which, at this time, is assumed to include the parcels delineated on the appended map. • With the assistance of a Town -appointed Steering Committee, host a series of public meetings, interviews, and surveys to solicit input and ideas from the community as a whole. 6 July 3, 2018 - Page 125 of 131 • Perform a review of existing documents and plans, including past studies for the Civic Area, Lionshead Redevelopment Master Plan, Transportation Master Plan, Land Use Plan, Streetscape Master Plan and Vail Economic Development Strategic Plan • Complete an existing conditions survey of the Study Area and adjacent properties, including some segments of existing public rights-of-way • Identify the issues and opportunities, to be articulated in a Problem or Opportunity Statement formulated through facilitated public engagement. • Within the context of performing the above, more detailed analysis of the following items within the Study Area can be anticipated: o Evaluate potential improvements and/or relocation of some of the existing municipal facilities within the Town Hall and Community Development parcels located at 75 South Frontage Road, in close proximity to the Civic Area o Study the existing Lionshead Transportation Center, and its structural ability to add parking or other amenities o Study and identify improvements for traffic flow and volume, pedestrian flow and connectivity, and transit o Study the alternatives to incorporate resident -occupied, deed -restricted housing into the Study Area o Identify any potential environmental issues within the Study Area o Analysis of existing Dobson Ice Arena facility, identifying alternatives to incorporate improvements and/or additional facilities to accommodate multiple uses on a year-round basis • Create a set of guiding principles and opportunity statement based upon the public engagement process and Town Council direction • Prepare conceptual site designs and building layout and massing plans, including diagrammatic sections, of those facilities and improvements identified to meet the guiding principles, including bulk and mass, and architectural themes. • Oversight, coordination, administration and management of the public engagement process, urban planning, urban design and architectural design services • Identify current and proposed zoning and land uses recommended to achieve the objectives or to implement the Civic Area Plan • Assist in the analysis and formulation of recommendations to the Vail Town Council SECTION IV: Selection and Evaluation Criteria The ideal Proposers will possess and demonstrate the following skills and abilities: • Extensive knowledge and experience managing municipal planning projects with demonstrated success working with municipalities and/or special districts and how previous successes are transferable or otherwise adaptable to the Town of Vail's need for this process. • Demonstrated ability to excel in the public engagement process, and the ability to manage and organize multiple stakeholders with varying ideas and priorities. • Successful completion of similar plans or studies in a similar mountain environment with similar site challenges, space constraints, solutions and necessary coordination. 7 July 3, 2018 - Page 126 of 131 • Demonstrated ability to complete projects on time and on budget with a commitment to the successful completion of the Civic Area Plan in accordance with the plan goals and objectives. • Exceptional ability to develop and maintain professional relationships through effective communication, coordination, team building and integrity. • Proven track record of successfully delivering projects in a collaborative process with multiple stakeholders and multi -disciplinary teams. • Demonstrated ability to make progress on multiple tasks in a dynamic and ever changing process and resolve conflicts in communication, coordination, schedule, etc. • Professional fee is competitive and based upon the scope and quality of the work to be provided and the ability to bring the project in on budget and on time. In the event that only one (1) proposal is received in response to this RFP, the Town of Vail may require assistance from the single responsive and responsible Proposer in the preparation of a proposal price analysis in order to determine whether the single proposal received by the Town of Vail is fair and reasonable. The Town of Vail maintains the right, but shall be under no obligation, to award a contract to the responsive and responsible Proposer whose proposal is deemed by the Town of Vail to be most advantageous to the Town as determined by capability, qualifications and other factors set forth above. SECTION V. Introduction and Background A. Introduction The Town of Vail, Colorado (the "Town") is seeking proposals for Public Engagement, Urban Planning, Urban Design and Architectural services from qualified professionals to plan and design for the future development of the Vail Civic Area. The Study Area is assumed at this time to include approximately 10 acres, including the Lionshead Parking and Transportation Center, Dobson Ice Arena, Vail Library, W. Meadow Drive, and properties west of the Vail Health medical center. The study area also includes the existing Municipal Buildings at 75 S. Frontage Road. The Civic Area Plan (the "Plan") will study the potential impacts on adjacent properties, potential options to reduce or mitigate negative impacts, and the opportunity to improve the Plan by identifying how nearby properties may contribute positively to the success of the Plan. B. Plan Goals and Objectives (To be determined as part of the planning process). C. Background The Town of Vail is North America's Premier International Mountain Resort Community. Vail is located approximately 100 miles west of Denver, CO in the Rocky Mountains. Vail is well known for its world class skiing, beautiful mountains, plenty of sunshine and quaint villages. The community is comprised of a mix of full-time residents, part-time residents, seasonal workers and a significant number of short term rental vacation residences. Vail is a major destination in 8 July 3, 2018 - Page 127 of 131 both summer and winter, and there are opportunities to expand the shoulder seasons with group and conferences business. In an effort to remain at the forefront of mountain resort communities, the Town of Vail is seeking to master plan for its existing land and facilities in the Lionshead village, including the existing Lionshead Parking and Transportation Center, Dobson Ice Arena, Charter Bus Lot, Vail Library and surrounding Town owned land and rights-of-way. In addition to these properties, the Town of Vail is studying alternatives for replacing the existing Municipal Buildings at 75 and 111 S. Frontage Road and wishes to study how the municipal building needs could be incorporated into the Study Area. The existing Lionshead Parking Structure was constructed in the early 1980s. Dobson Ice Arena was constructed in 1983. The Vail Municipal Building was constructed in 1971. The Vail Police Department expansion was added to the Municipal Building in 1993 and is home to a multi - jurisdictional, regional E-911 and dispatch center. In 2009 the Town of Vail built the Lionshead Welcome Center onto the existing Lionshead Parking Structure. The streetscape within the Lionshead Village was upgraded in 2005-2006, and the main bus stop at Lionshead upgraded in 2013, however, portions of E. Lionshead Circle, and portions of W. Meadow Drive near the Dobson Ice Arena and Vail Library have not been recently upgraded and are in need of improvements. The Vail Library was remodeled and upgraded in 2013. The Study Area is within a Tax Increment Finance (the "TIF") district, and the TIF funding period ends on June 6, 2030. The Town of Vail is motivated to responsibly spend the revenues collected from the TIF within this time period. According to the Official Zoning Map of the Town of Vail the parcels within the Study Area are zoned General Use (GU), with the exception of rights-of-way, and the parcels along Middle Creek zoned Natural Area Preservation (NAP) or Outdoor Recreation (OR). The General Use district is intended to ensure that public buildings and grounds and certain types of quasi -public uses permitted in the district are appropriately located and designed to meet the needs of residents and visitors to Vail, to harmonize with surrounding uses, and, in the case of buildings and other structures, to ensure adequate light, air, open spaces, and other amenities appropriate to the permitted types of uses. In 1999 the Town of Vail performed a planning process for a Community Facilities Project on this site. Also, in 2004-2005, the Town of Vail created a master plan for a conference center at the east of the Lionshead Parking Structure. D. Site Description • Vail, Colorado • Lionshead Transportation Center, 350 S. Frontage Road • Charter Bus Lot, 330 S. Frontage Road • Dobson Ice Arena, 321 E. Lionshead Circle • Vail Library, 292 W. Meadow Drive • Lot 9 and 10, Vail Village Filing 2, 281 W. Meadow Drive • Town of Vail Municipal Buildings, 75 S. Frontage Road and 111 S. Frontage Road 9 July 3, 2018 - Page 128 of 131 • Approximately 10 acres in total land area • 97% of land is owned by the Town of Vail (3% of land owned by the Eagle River Water and Sanitation District) • No known geologic hazards (i.e. debris flow, snow avalanche, or rock fall) • Floodplain along Middle Creek parcels • Properties are developed with parking structure and other buildings. Prospective Proposers are encouraged to inspect and view the Study Area. SECTION VI. Information Provided The Town of Vail has the following information that may be used by prospective Proposers for the purposes of responding to this RFP: • Development progress to date, including studies, reports, drawings, presentations, consultants, program information and memos. Available on-line at www.vailgov.com • Background documents and previous plans in PDF format available on-line In the event of a conflict or inconsistency between the RFP, attachments, and information provided including drawings, specifications, reports, etc. thereto, the Town of Vail will work to resolve such conflict or inconsistency and provide written notice of the single interpretation to all known proposers by written addendum. SECTION VII. General Information Limitations and Award This RFP does not commit the Town of Vail to award or contract, nor to pay any costs incurred, in the preparation and submission of proposals in anticipation of a contract. The Town of Vail reserves the right to reject all or any submittal received as a result of this request, to negotiate with all qualified sources, or to cancel all or part of the RFP. After a priority listing of the final firms is established, the Town of Vail will negotiate a contract with the first priority firm. If negotiations cannot be successfully completed with the first priority firm, negotiations will be formally terminated and will be initiated with the second most qualified firm and, likewise, with the remaining firms. Selection Initial evaluation will be based upon the qualifications of the Proposer. The Town of Vail reserves the right to waive interviews, and to make its final selection based solely upon the qualification statements and evaluation criteria. Equal Employment Opportunity The selected consultant team will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. Contract Phasing Proposed tasks within this RFP may be eliminated or expanded by the Town of Vail at any time due to the progression and sequencing of the scope of work. The contract for professional services will be adjusted accordingly. 10 July 3, 2018 - Page 129 of 131 Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor warrants, represents, acknowledges, and agrees that: 1. Contractor does not knowingly employ or contract with an illegal alien; 2. Contractor shall not enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien; 3. Contractor has verified or attempted to verify through participation in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") that Contractor does not employ any illegal aliens. If Contractor is not accepted into the Basic Pilot Program prior to entering into this Agreement, Contractor shall forthwith apply to participate in the Basic Pilot Program and shall submit to the Town written verification of such application within five (5) days of the date of this Agreement. Contractor shall continue to apply to participate in the Basic Pilot Program, and shall verify such application to the Town in writing, every three (3) months until Contractor is accepted or this Agreement is completed, whichever occurs first. This subparagraph 3 shall be null and void if the Basic Pilot Program is discontinued; 4. Contractor shall not use the Basic Pilot Program procedures to undertake pre- employment screening of job applicants while this Agreement is being performed; 5. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall notify such subcontractor and the Town within three (3) days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien, and shall terminate the subcontract with the subcontractor if within three (3) days of receiving the notice required pursuant to this subsection the subcontractor does not cease employing or contracting with the illegal alien, except that Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien; 6. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in subsection 8-17.5-102 (5), C.R.S; and 7. If Contractor violates any provision of this Agreement pertaining to the duties imposed by subsection 8-17.5-102, C.R.S. the Town may terminate this Agreement and Contractor shall be liable for actual and consequential damages to the Town arising out of said violation. July 3, 2018 - Page 130 of 131 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Recess 5:00 p.m. Dinner will be provided for Town Council TOWOFUAIL July 3, 2018 - Page 131 of 131