HomeMy WebLinkAbout2019-04-16 Agenda and Supporting Documentation Town Council Afternoon Meeing Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Agenda
Town Council C hambers
3:00 P M, April 16, 2019
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.Presentation / Discussion
1.1.Project THOR Update (A cooperative Middle-Mile Broadband Transport
Network)
30 min.
Presenter(s): TJ J ohnson, I T Director and Nate W alowitz, NW C C OG
Action Requested of Council: I nformational presentation with opportunity for
questions. Three contracts will be included on the consent agenda for the
evening meeting (Project THOR Meet Me Center Host Agreement, Network
Operator Agreement, Fiber Lease Agreement).
Background: An update will be presented about Project THOR which is a
project spearheaded by the membership of NW C C OG to develop a regional
approach to broadband. The mission of the effort is to improve quality,
Affordability and access to robust broadband. The project is being funded
through a D OLA grant and member jurisdictions.
1.2.Council requested a discussion surrounding the town's contribution policy
for non-profit organizations categorized as "Services".
30 min.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Does Council wish to change the current
contribution policy?
Background: On April 2, 2018 Council requested a work session discussion
on the current contribution policy for non-profit "Service" organizations.
Staff Recommendation: No recommendation at this time.
1.3.Short Term Rental program update 20 min.
Presenter(s): Kathleen Halloran, Finance Director and Matthew VanEyll,
Short Term Rental Specialist
Action Requested of Council: I nformational only
Background: I t's been one month since the revised regulations took effect
on March 1st. This is an update to Council on how the registration process
is going.
2.D R B / P E C Update (5 min.)
2.1.D RB / P E C Update
Presenter(s): Chris Neubecker, Planning Manager
3.Information Update (5 min.)
April 16, 2019 - Page 1 of 76
3.1.C S E Draft Meeting Minutes
3.2.V E A C Meeting Minutes
3.3.V LHA March 26, 2019 Meeting Results
3.4.A I P P March 4, 2019 Meeting Minutes
4.Matters from Mayor, Council and Committee Reports (15 min.)
5.Executive Session
5.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(e) - to discuss
the purchase, acquisition, lease, transfer, or sale of property interests; to
determine positions, develop a strategy and instruct negotiators, Regarding:
potential real property acquisition; 2) C.R.S. §24-6-402(4)(b) - to receive
legal advice on specific legal questions.
40 min.
Presenter(s): Matt Mire, Town Attorney
6.Recess
6.1.Recess 5:10 pm (estimate)
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for
public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media
website the week following meeting day, www.highfivemedia.org.
Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48
hour notification dial 711.
April 16, 2019 - Page 2 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Project T HO R Update (A cooperative Middle-Mile B roadband Transport
Network)
P RE S E NT E R(S ): T J J ohnson, I T Director and Nate Walowitz, NW C C O G
AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational presentation with opportunity for
questions. T hree contracts will be included on the consent agenda for the evening meeting
(P roject T HO R Meet Me Center Host A greement, Network Operator Agreement, Fiber L ease
A greement).
B AC K G RO UND: An update will be presented about Project T HO R which is a project
spearheaded by the membership of NW C C O G to develop a regional approach to broadband. The
mission of the effort is to improve quality, Affordability and access to robust broadband. The
project is being funded through a D O L A grant and member jurisdictions.
AT TAC H ME N TS:
Description
T H O R Memorandum and Supporting Documentation
April 16, 2019 - Page 3 of 76
To: Vail Town Council
From: TJ Johnson, IT Director
Date: April 16, 2019
Subject: Project THOR
I. PURPOSE
The purpose of this item is to:
Provide background information about Project THOR
Summarize the impact of this agreement for the Town of Vail
Review the highlights of the proposed contract between the Northwest Colorado Council
of Governments (NWCCOG) and the Town of Vail to host a Meet Me Center in support
of Project THOR here in Vail
Answer any questions that may arise regarding this information
II. BACKGROUND
Project THOR is an effort being led by NWCCOG to provide the Middle Mile portion of a
broadband network to multiple communities throughout Northwest Colorado.
Nate Walowitz, Broadband Director for NWCCOG, to present additional information
about the goals and objectives for Project THOR, as well as an update on its current
status.
III. SUMMARY
Project THOR impacts to Town of Vail
Benefits
Dramatically increased bandwidth
Provides full-speed redundancy for uninterrupted connectivity
o Current backup circuit with Comcast is significantly slower
o Automatic failover
Sets the Town of Vail up for long-term initiatives requiring better bandwidth
o Initial backbone set up for 200GB, and upgradable to 4 TB
o Emerging technologies in which TOV is interested
Adds 10GB transport link available between Vail Public Safety Communications Center
to sister 911 agency Pitkin County, as well as other 911 agencies in Northwest Colorado
Creates the opportunity to sell bandwidth to other entities, which can offset IT costs
o Anchor institutions – hospitals, schools – that provide significant benefit to the
community and are seeking better bandwidth
o Last-mile internet service providers (ISP)
Creates competition with other ISP’s
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Town of Vail Page 2
Better broadband service to local community
o Other technology services
Leverages previous investments by town
o CDOT partnership to extended fiber to West Vail
o Fiber connectivity throughout town
Costs
Initial costs of ~$75,000 (Non-Recurring Cost – NRC)
o Covers initial investment to establish the network and the Meet Me Center
Located in the new Data Center at West Vail Fire Station
o Already budgeted in the 2019 Capital Fund
o NWCCOG has received a notice from the state of Colorado’s Department of
Local Affairs (DOLA) advising of the funding awarded to the project, $270,000, to
pay the first three years of the Project THOR CDOT IRU costs
Ongoing monthly costs of $7,900 (Monthly Recurring Cost – MRC)
o Covers ongoing maintenance of the network by the network operator
o Costs not included in 2019 budget – supplemental ask will be forthcoming
These new costs to the town will be offset by current budgeted monthly
internet costs of ~$2,500
o Future discussions proposed regarding cost recovery for system operations fee
(selling bandwidth, referenced in Benefits)
Risks
Costs (both initial and ongoing) could increase if current expected members decide to
opt out of the project
Key points contained in the Meet Me Center agreement:
Town of Vail will host and own the Meet Me Center
Dedicated space and equipment requirements are defined as part of agreement
o New Data Center will serve this need (located in West Vail Fire Station)
Town will have oversight by participating in ongoing steering committees
Initial 3 year agreement – renewable for additional 3-year terms going forward
Non-recurring and recurring costs are defined
Town has right to resell transport services and/or bandwidth
Network will be operated by a provider chosen by NWCCOG
IV. ACTION REQUESTED OF COUNCIL
These agreements will be included on the Consent Agenda for the evening session, at which
time they can be approved on Consent, or removed for additional discussion.
Attachment(s):
NWCCOG Information
Resolution 18 Series of 2019
Project THOR Meet Me Center Host Agreement
April 16, 2019 - Page 5 of 76
ProjectTHOR
WHAT IS PROJECT THOR?
A cooperative open access mile network loop
across 10 Counties in NW Colorado, leveraging
approximately 400 miles of existing public and
private fiber to deliver reliable, resilient,
affordable access between Denver and rural
communities across NW Colorado
Project THOR will be a carrier-grade 100
gigabyte fiber loop (expandable to 200 gigs),
comprised of leased segments of public and
private fiber. It will be resilient and designed to
re-route traffic if an outage occurs.
WHY IS PROJECT THOR IMPORTANT?
Area economies and quality of life are impacted
by inadequate broadband. Towns and
population centers are rural, meaning the
distant and dispersed rural broadband market is
not profitable for most providers and suffers for
a lack of private investment.
Public dollars and local governments have the
power to change that equation through Project
THOR. Local jurisdictions have no leverage
currently to negotiate improved service.
Numerous outages across the region impacted
governments, schools, businesses and public
safety. Communities are seeking competitive
pricing and improved service for rural
customers.
Project THOR resolves issues of a single fiber
cut or single service provider outage cutting off
entire region from access to the internet and
other non-voice essential services.
Project THOR has the potential to reach 20% of
landmass of state or 233,191 people and will
strive to bring front-range bandwidth and pricing
to local partners.
HOW WILL PROJECT THOR FUNCTION?
Partners will host a local connection to the
network through a ‘Meet Me’ Center Access
Point, where they will have access to the
network. Some will provide local broadband
service, others will negotiate with private
Internet Service Providers to provide last mile
services. THOR will allow every community the
ability to choose the local access model that
suits them. The open access nature of the
network also enables connectivity to the
Internet through any bandwidth provider
available in the Denver market.
HOW IS PROJECT THOR FUNDED?
As a startup, Project THOR received $1 million
dollars from State of Colorado Department of
Local Affairs (DOLA). DOLA has also
contributed the equivalent of the first three
years of the CDOT fiber lease constituting an
additional $270,000.
THOR Startup costs are matched by
approximately $1.5 M in local community
dollars, and partners will participate in monthly
recurring costs to keep the network operational.
WHO IS INVOLVED IN PROJECT THOR?
Project THOR is owned by NWCCOG, with
access contracted to local partners made up of
ten municipal and county governments, a
special district and a Rural Electric Co-Op. The
10 Counties have 23% of non-front range
population or 4% of total state population.
The Project THOR network and day to day
operations will be managed by Mammoth
Networks.
April 16, 2019 - Page 6 of 76
WHO ARE THE PARTICIPATING MEMBERS
OF PROJECT THOR?
Local Government:
City of Aspen
City of Glenwood Springs
Clear Creek County
Rio Blanco County
Summit County
Town of Breckenridge
Town of Eagle
Town of Vail
Special Districts, Consortiums and Rural
Cooperatives:
Middle Park Health
Northwest Colorado Broadband
Yampa Valley Electric Association
PROJECT MAP
QUESTIONS?
Jon Stavney
Executive Director,
NW CCOG
970 468 0295
jstavney@nwccog.org
Nate Walowitz
Regional Broadband Program Director,
NWCCOG
970 455 1064
nwalowitz@nwccog.org
April 16, 2019 - Page 7 of 76
Resolution No. 18, Series of 2019
RESOLUTION NO. 18
SERIES OF 2019
A RESOLUTION APPROVING A PROJECT THOR MEET ME CENTER HOST
AGREEMENT
WHEREAS, the Town and the Northwest Colorado Council of Governments (“NWCCOG”)
wish to enter into an agreement (the “Agreement”) outlining the terms and conditions for the
provision of middle mile services and the implementation of Project THOR; and
WHEREAS, the Council’s approval of this Resolution is required to enter into the
Agreement.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF
VAIL, STATE OF COLORADO:
Section 1. The Council hereby approves the Agreement and authorizes the Town
Manager to enter into the Agreement in substantially the same form as attached hereto as Exhibit A
and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
ATTEST TOWN OF VAIL
______________________________ _____________________________
Tammy Nagel, Town Clerk Dave Chapin, Mayor
April 16, 2019 - Page 8 of 76
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Project THOR Meet Me Center Host Agreement
This Agreement, dated April 16, 2019 (the “Effective Date”), is between the Northwest
Colorado Council of Governments (the "NWCCOG”) located at 249 Warren Avenue,
Silverthorne Colorado, and Town of Vail], Colorado (the "Host”) located at 75 S.
Frontage Road, Vail, CO 81657, referred to collectively herein as the “Parties.”
Background
This Agreement provides for the provision of Middle Mile Services to Host by the
NWCCOG.
WHEREAS, the NWCCOG desires to:
continue to extend technical support to NWCCOG communities seeking
local solutions to meet local broadband needs and help those
communities continue to innovate and collaborate on solutions tailored to
meet those needs through a robust, affordable, resilient middle mile
network;
provide leadership and promotion of the Project THOR Middle Mile
Broadband Network (“Network”), as generally described in Exhibit B –
Network (Diagram) and owned by NWCCOG on behalf of participating
Project THOR communities, to NWCCOG members and other
governmental and non-governmental organizations who may benefit in the
future from Project THOR;
contract with a “Network Operator” to design, operate, and manage the
Network, including without limitation, the provision of Services through the
Network to the Host;
provide guidance to the Network Operator on requirements and needs for
the network as created and derived from the NWCCOG Broadband
Steering Committee;
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review network development, pricing, and network performance data;
serve as a channel to state, local government, and other partners on the
status, subscription, experiences, and outcomes of the Network;
deliver outreach to additional Colorado partners to ensure expansion of
the Network to support adjacent economic development regions, the State
of Colorado, and public safety; and continue to seek such connections to
increase the resiliency of Project THOR with additional redundant
connections;
support and obtain funding for the Network, if necessary, to design and
build network elements to achieve the objectives of the Network and
Network users;
report on Network performance, utilization, enhancement, and
maintenance.
and
WHEREAS, the Host desires to:
own and maintain a local Project THOR Meet Me Center (“MMC”);
fund and construct that Meet Me Center per Project THOR network
specifications, or dedicate equivalent space in an already constructed
MMC;
enter into and maintain contracts with NWCCOG to be billed through the
Network Operator for the Monthly Recurring Costs for the Project THOR
Network and Network Transport, and optionally with the Network Operator
for specially negotiated rates for bandwidth;
connect to and utilize the Services of the Network in compliance with the
requirements from NWCCOG detailed below;
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participate in the NWCCOG Broadband Steering and Project THOR
Committees as appropriate;
support NWCCOG by promoting broadband connections through the
Network to local government, schools and other public entities and ISPs
throughout Northwest Colorado to connect and obtain benefits from the
Network;
advise the Network Operator and NWCCOG on evaluation and expansion
of connections, and network performance and scheduling for moves,
adds, and changes to the Network as they affect the participants in the
Network to the greater good of participating communities; and
enter into this contractual agreement for the initial three year period with
the option of additional periods to provide local match for Colorado
Department of Local Affairs (“DOLA”) grant funds secured by NWCCOG
for the purpose of purchasing equipment for Project THOR construction to
bring the network to local Meet Me Center Host communities, as well as to
commit to make monthly recurring payments so that NWCCOG may enter
into a 10-year Fiber Lease with the Colorado Department of
Transportation (“CDOT”) with local matching funds from MRC for a second
DOLA grant to cover initial CDOT fiber lease period.
Accordingly, in consideration of the mutual promises stated in this Agreement, the
parties agree as follows:
AGREEMENT
1. DEFINITIONS
1.1. The terms defined in the preamble and recital have their assigned
meanings, and each of the following terms has the meaning assigned to it:
“Broadband Service” means the bandwidth that Host may purchase
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from Network Operator or another carrier that connects to the greater
internet.
“Broadband Steering Committee” means the standing committee of the
NWCCOG that has given direction to the establishment of Project THOR.
“Community Anchor Institutions” or “CAI” means governmental,
nonprofit, educational and similar entities including by way of illustration
and not limitation: schools, libraries, hospitals and other medical providers,
public safety entities, institutions of higher education, governmental
entities, rural electric cooperatives, and community support organizations
that facilitate greater use of broadband by vulnerable populations,
including low-income, the unemployed, and the aged.
“Customer Premises Equipment” or “CPE” means any equipment
required to attach to the Network, including receiving radio and associated
power hardware, but does not include customer routers and customer
networking equipment.
“Internet Service Provider” or “ISP” means an entity providing retail last
mile service to end user subscribers.
“Maintenance” means work that must be performed upon or to the
network to ensure the continuity of an acceptable signal transmitted
through wireless technology and/or fibers (in conformance with the
manufacturer’s specifications), or to ensure the safety and reliability of the
assets.
“Middle Mile” means the network connection between the last mile and
greater Internet.
“MRC” means the monthly recurring cost of a Service which will be as set
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forth in Section 4or as agreed upon by the Parties and documented on a
Service Order, as applicable.
“Network Operator” means the entity retained by NWCCOG to provide
Service on the Network to MMC hosts.
“NRC” means a one-time, non-recurring cost with respect to a Service
which will be as set forth in Section 4 or as agreed upon by the Parties
and documented on a Service Order, as applicable.
“Project THOR Meet Me Center” or “MMC” means the Meet Me Centers
owned by the Meet Me Center Host and future Meet Me Center hosts that
may contract with the NWCCOG as part of expansion of Network.
“Project THOR Steering Committee” means a future committee
comprised of the Project THOR Meet Me Center Hosts, with a governance
framework to be established, which will provide guidance to the NWCCOG
regarding the direction of the project in the future. Each MMC Host will
have at least one member on the Steering Committee.
“Service” means Transport, andBroadband Service and other Network-
enabled services that the parties agree, per the terms of this Agreement,
will be made available to MMC Hosts.
“Service Order” means the order form representing a specific Service or
Duty to be provided for a defined period to MMC Hosts by the Network
Operator.
“Transport”, “Transport Service” or “Port to Port Service” means the
intra-network traffic between MMC Host locations independent of network
traffic connecting to the internet.
“Transport Packets” means a formatted unit of data carried by a packet-
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switched network.
2. SCOPE OF AGREEMENT
2.1. Project THOR Network: The NWCCOG shall provide access to the
Network to the Network Operator, who shall plan for and execute future
Network expansions with input and direction from the NWCCOG. The
NWCCOG is financially responsible for the Network and Network
Maintenance. The Network Operator will manage the day-to-day
operations and maintenance of the Network. Other Network Providers
may subsequently provide Broadband Service through the Network, at the
discretion of the NWCCOG.
2.2. Meet Me Center Host: The Meet Me Center Host shall function as a
community-facing organization for the Network. The Host is responsible
for providing the Meet Me Center per NWCCOG standards; reselling of
the bandwidth that it has purchased through the Network to Community
Anchor Institutions, Internet Service Providers, local governments, and
other regional authorities in the area(s) it serves; and bringing more of
such customers to the Network to help lower aggregate bandwidth prices
for all involved. The MMC Host may resell Services offered through the
Network, and may, in its discretion, provide Broadband Service through
the Network to end user subscribers. The MMC Host shall determine the
pricing for Services it resells, subject to the limitations in Section 6.1.
2.3. Customer Premises Equipment: Host may choose to offer, for sale or
lease, customer premises equipment (CPE) and services, such as
customer premises wiring and customer premises equipment which lie
outside the scope of this Agreement.
2.4. Host Costs: Host will execute and maintain all contracts with their
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regional Community Anchor Institutions, ISPs, and other entities that want
to utilize the MMC Host’s bandwidth. MMC Host will maintain an accurate
database of customers and Services sold from the MMC. Host is
responsible for anchor customer acquisition costs and contracting with
these customers. The Host may recover costs through reselling
bandwidth from the MMC. Host is responsible for building or assisting the
anchor customers with direction in building a ny network infrastructure
required to the MMC, providing the NWCCOG authorizes any required
interface with the Network.
2.5. Accuracy of Statements: MMC Host will make accurate representations
and statements regarding the Network that are consistent with the
representations and statements made in this Agreement and will portray
the Network positively to Customers or the public. MMC Host will first
address any concerns to Network Operator. If MMC Host is unsatisfied
with Network Operator’s response, MMC will address such concerns to
NWCCOG at a recorded public session.
2.6. Meetings: NWCCOG will establish and maintain a Project THOR Steering
Committee or board comprised of Project THOR MMC Host
representatives to provide feedback and input on Project THOR budget
and decisions, including without limitation, establishment of the Project
THOR budget. NWCCOG will establish meeting schedule and location for
regular meetings and will convene meetings as needed to provide timely
direction or approvals on policies impacting Network operation. MMC Host
will participate in NWCCOG meetings as necessary. NWCCOG will work
with Network Operator on items requiring approval in a timely manner.
2.7. Project THOR Budget: NWCCOG will establish a Project THOR budget,
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with monies to be used on defined project expenses.
2.8. Customer Support: MMC Host will be responsible for customer support
in connection with any of the entities to which it sells Services. MMC Host
is responsible for providing, either directly or through a qualified third party
an adequate number of qualified, courteous, knowledgeable and helpful
staff to provide effective and satisfactory service in all contacts with the
Customer and Network Operator.
2.9. Acceptable Use Policies: Upon recommendation of the Project THOR
Steering Committee, the NWCCOG may adopt Acceptable Use Policies
with respect to the Network, and MMC Host shall abide by any such
policies of which it has notice.
2.10. NWCCOG Customer Support: The NWCCOG is responsible for
managing its contract obligations with Network Operator related to
customer care issues impacting the NWCCOG elements of the Network,
including but not limited to Middle Mile Network Services and SLA
administration as shown on Exhibit C-SLA.
2.11. Meet Me Center Host Locations and Equipment: The MMC Host will
fund, construct, and own space, or dedicate equivalent space for a Project
THOR Meet-Me Center that meets Project THOR network specifications.
MMC Host will purchase, install and maintain MMC Equipment. This
equipment is defined in the MMC Equipment Specification in EXHIBIT D-
MEET ME CENTER EQUIPMENT SPECIFICATIONS. NWCCOG will
issue Request for Proposals (RFP) for required MMC Equipment. The
NWCCOG will issue and maintain up-to-date network specifications for
Project THOR MMC Locations. These specifications will be determined by
the NWCCOG and all Meet Me Center Hosts.
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2.12. Middle Mile Network Equipment: The NWCCOG will select the brand
and model of equipment used to provide the Project THOR Middle Mile
Network, purchase the equipment used to provide the Middle Mile
Network, and will be responsible for expenses incurred by operation of the
Project THOR Middle Mile Network. NWCCOG will work closely with
Network Operator to anticipate Network equipment and software
replacement and upgrades and seek funding from all MMC Hosts as
necessary.
2.13. Access: Host will permit the NWCCOG reasonable access to the MMC to
access and maintain their equipment in the MMC. MMC Host shall
provide a list of contact individuals to the Network Operator and
NWCCOG with whom access issues will be coordinated. MMC Host shall
maintain its Meet Me Center to the original specifications set forth in
Exhibit D-MEET ME CENTER EQUIPMENT SPECIFICATIONS.
3. PERFORMANCE
3.1. The Host represents and warrants that it owns the Meet Me Center
Location and that it has the power and authority to enter into and perform
this Agreement, and that its performance of this Agreement will not
infringe upon or violate the rights of any third party, nor violate any federal,
state, or municipal laws (“Applicable Law”).
3.2. Host will perform its duties under this Agreement, such performance to be
excused only due to a force majeure condition as described in Section 10.
4. PAYMENT
4.1. The Host shall purchase Project THOR Middle Mile Service from the
Network in accordance with the payment provisions below.
4.2. MMC Host location in Town of Vail is a Class 1 location.
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4.3. At the time of executing this Agreement, Host shall pay the Total Non-
Recurring Cost (NRC) for network establishment for Project THOR of
$70,421.59 for Town of Vail to NWCCOG. The parties understand and
agree that the NRC pricing is based upon the nine (9) initial MMC Host
entities executing a MMC Host Contract with NWCCOG. If fewer entities
enter into a MMC Host Contract, costs will necessarily increase. Should
that occur, the MMC Host may continue to operate under this Agreement,
subject to modification of this Section 4.3 to reflect the increased NRC.
Alternatively, the MMC Host may terminate this Agreement without
penalty, by providing written notice of such termination to the NWCCOG
within 30 days of receiving revised NRC pricing. Even if MMC Host
prefers to remain obligated by this Agreement, subject to increased costs
as described herein, the parties understand that if enough entities fail to
sign a MMC Host Contract, the operation of the Network may no longer be
viable, and in such case, the NWCCOG may terminate this Agreement
without penalty by providing written notice of such termination to the MMC
Host within 30 days of the revised NRC pricing.
4.4. Host site Vail is a Class 1 site with Project THOR Monthly-Recurring
Costs (MRC) of $7900.00 MRC will be paid as billed beginning June 1,
2019.
4.5 Network Port to Port pricing on the Network between MMCs for Project
THOR Hosts is set at an initial rate of $250 per managed port not at
purchasing host’s MMC per month.
4.6 MRCs will be charged in advance, biannually for six (6) months of Network
MRC in June and December of each year for the upcoming 6-month
period.
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4.7 At NWCCOG’s sole discretion in consultation with the Project THOR
Steering Committee, there may be an annual adjustment to the MRC fee
based on the overall financial stability and revenues received on the
network. Future adjustments to rates or Services purchased shall be
documented in mutually e xecuted Service Orders, subject to the terms
and conditions of this agreement.
4.8 Meet Me Center Host will have access to specially negotiated rates for
bandwidth. MMC Host acknowledge that the NWCCOG may annually
adjust these rates depending on the amount of Meet Me Center Hosts
participating in Project THOR in consultation with the Project THOR
Steering Committee. Optional Bandwidth can be purchased from Network
Operator at the bulk rates detailed in Exhibit A-OPTIONAL BANDWIDTH
RATES as it may be amended from time to time.
5. TERM OF AGREEMENT
5.1. Initial Term: The initial term of this Agreement shall commence on April
16, 2019 (the “Effective Date”) and the initial term shall terminate on
December 31, 2022. This initial three (3) year term is required by DOLA as
part of the Project THOR program grants received and managed by
NWCCOG. The parties understand and agree that notwithstanding the
commencement date of this Agreement and the beginning of payment of
the MRC, the startup of the Project THOR Network depends upon
completion of various MMCs and fiber builds, and will occur over a 3 – 6-
month period, after which time the parties expect that all entities will have
completed construction work to facilitate the Services anticipated herein
from Project THOR.
5.2. Renewal: Unless otherwise terminated as provided in Section 11, this
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Agreement will automatically renew for up to five (5) additional three (3)
year terms unless notice is received 180 days prior to the end of each
three (3) year term.
6. OPEN ACCESS
6.1. Open Network: The NWCCOG has negotiated bulk pricing for bandwidth
and service level agreements with Network Operator for MMC hosts.
However, Host acknowledges that Network is governed by open access
principles, and therefore Hosts are free to contract with another provider
for Broadband Service. Because Network is an Open Access Network,
while Host is free to contract with another provider for Broadband Service,
all such contracts are subject to the requirement that if the Host enters into
any agreement with a provider for Services on the Network, it must make
comparable offerings to any other provider on comparable terms and
conditions. Notwithstanding the foregoing, in order to resell Broadband
Service, the Host is required to purchase its Transport Services from the
Network.
6.2. Network Neutrality: Host acknowledges that the Network shall be
governed by the principles of network neutrality. Therefore, Host will not
block, throttle, or prioritize internet content or applications or require that
customers pay different or higher rates to access specific types of content
or applications, and if Host enters into any agreements for the provision of
Service using the Network, any such agreement will mandate the same
requirement.
7. LIMITATION OF LIABILITY
NEITHER PARTY SHALL BE LIABLE TO THE OTHER, OR ANY OF THEIR
RESPECTIVE AGENTS, REPRESENTATIVES, EMPLOYEES FOR ANY LOST
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REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES,
INCIDENTAL, PUNITIVE, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES,
LOSS OF DATA, OR INTERRUPTION OR LOSS OF USE OF SERVICE, EVEN IF
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY
OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR
OTHERWISE.
8. ASSIGNMENT AND MODIFICATION
8.1. Assignment: Host’s obligations under this Agreement may not be
assigned or transferred to any other person, firm, or corporation without
prior written consent of NWCCOG.
8.2. Transfer: Should Host choose to terminate ownership or operation of the
MMC, Host will advise NWCCOG and make all best efforts to transition
ownership and control of the MMC to an agreeable party who will either
assume the obligations of this Agreement, or otherwise contract with
NWCCOG and the Network Operator to ensure continuity of operations
and Services to NWCCOG and MMC subscribers. Pursuant to Sections
5.1 and 11.1, the Parties understand and agree that this Agreement may
not be transferred by the Host during the first three (3) years of its term,
unless the transferee agrees to comply with all terms, conditions and
obligations of this Agreement for the three (3) year term.
8.3. Modification: The Agreement may be modified only if the amendment is
made in writing and is signed by both Parties.
9. Confidentiality
9.1. Open Records: The Parties acknowledge that this Agreement is public
record within the meaning of the Colorado Open Records Act§ 24-72-
April 16, 2019 - Page 21 of 76
14
202(6), C.R.S., and accordingly may be disclosed to the public. The
Parties agree to treat as confidential any records that constitute
proprietary or confidential information under State law, to the extent a
party makes the other party aware of such confidentiality. Each party shall
be responsible for clearly and conspicu ously stamping the word
"Confidential" on each page that contains confidential or proprietary
information and shall provide a brief written explanation as to why such
information is confidential under state law. If a party believes it must
release any such confidential records in the course of enforcing this
Agreement, or for any other reason, it shall advise the other party in
advance so that party may take appropriate steps to protect its interests.
If a party receives a demand from any person for disclosure of any
information designated by the other party as confidential, the party shall,
so far as consistent with Applicable Law, advise the other party and
provide the other party with a copy of any written request by the person
demanding access to such information within a reasonable time. Until
otherwise ordered by a court or agency of competent jurisdiction, the
Parties agree that, to the extent permitted by State law, it shall deny
access to any of the party's records marked confidential as set forth above
to any person. The party whose records are being withheld shall
reimburse the other party for all reasonable costs and attorney’s fees
incurred in any legal proceedings pursued under this Section.
10. FORCE MAJEURE
In the event either party is prevented or delayed in the performance of any of its
obligations under this Agreement by reason beyond the control of that party, it
shall have a reasonable time, under the circumstances, to perform the affected
April 16, 2019 - Page 22 of 76
15
obligation under this Agreement or to procure a substitute for such obligation
which is satisfactory to the other party. Those conditions which are not within the
control of a party include, but are not limited to, natural disasters, civil
disturbances, defaults by other parties impacting the Network, work stoppages or
labor disputes, power outages, telephone network outages, and severe or
unusual weather conditions which have a direct and substantial impact on the
party’s ability to comply with this Agreement and which was not caused and
could not have been avoided by the party which used its best efforts in its
operations to avoid such results.
11. DEFAULT AND TERMINATION
11.1. Voluntary Termination: This Agreement can be terminated by either
party at any time with one hundred eighty (180) days written notice after
the initial three (3) year period.
11.2. Default by Host: The following shall constitute defaults by Host: Any failure
by Host to perform any covenant or obligation required by this Agreement
(other than the payment of fees due hereunder), and the failure to cure said
default within a period of thirty (30) days following written notice to Host of
said default. The failure to pay any fees due by Host shall be considered a
default if Host does not make payment in full within fourteen (14) days
following written notice to Host of such non-payment.
11.3. Default by NWCCOG: The following shall constitute default by
NWCCOG: The breach of any promise or covenant of NWCCOG made
herein which shall continue and not be cured within thirty (30) days after
Host has given written notice to NWCCOG of such breach.
11.4. Remedy for Default of Host: Upon the occurrence of an event of default
with respect to Host, NWCCOG may at its election terminate this
April 16, 2019 - Page 23 of 76
16
Agreement by written notice to Host of such election. NWCCOG may also
pursue such legal and equitable remedies for any breach by Host without
waiving the right to subsequently terminate this Agreement based on the
related event of default.
11.5. Remedy for Default of NWCCOG: Upon the occurrence of an event of
default with respect to NWCCOG, Host may at its election terminate this
Agreement by written notice to NWCCOG of such election. Host may also
pursue such legal and equitable remedies for any breach by NWCCOG
without waiving the right to subsequently terminate this Agreement based
on the related event of default.
11.6. Additional Remedies: These remedies are in addition to any special
remedies provided elsewhere in this Agreement and in addition to any
other rights or remedies now or subsequently existing at law, in equity, by
statue or otherwise.
12. NOTICE
All notices required or permitted to be given pursuant to this Agreement shall be
in writing and shall be deemed given when personally served or three (3) days
after deposit in the United States Mail, certified mail, return receipt requested,
and addressed to the following Parties or to such other addressee(s) as may be
designated by a notice complying with the foregoing requirements:
For Northwest Colorado Council of Governments:
Jon Stavney, Executive Director
249 Warren Avenue
Silverthorne, CO 80498
or via US Mail to
April 16, 2019 - Page 24 of 76
17
P.O. Box 2308
Silverthorne, CO 80498
For Vail, Colorado:
Greg Clifton, Town Manager
75 S. Frontage Road
Vail, CO 81657
13. CONTRACT WITH INTERGOVERNMENTAL ENTITY
13.1. Annual Appropriation: Nothing in this Agreement shall be deemed or
construed as creating a multiple fiscal year obligation on the part of the
either party within the meaning of Colorado Constitution Article X, Section
20, or any other constitutional or statutory provisions. Each party’s fiscal
obligations hereunder are expressly conditional upon annual appropriation
by its respective governing body, in its sole discretion. The Parties
understand and agree that any decision by a governing body to not
appropriate funds for payment shall result in termination of this
Agreement. If a MMC Host is not going to appropriate funds for its next
fiscal year to continue under this Agreement, it shall utilize best efforts to
advise the NWCCOG of the intent not to appropriate by October 1st of
each year.
13.2. Governmental Immunity: No term or condition of this Agreement shall be
construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions, of the Colorado
Governmental Immunity Act, C.R.S. 24-10-101 et seq., or any other
Applicable Law, as now or hereafter amended.
14. MISCELLANEOUS PROVISIONS
April 16, 2019 - Page 25 of 76
18
14.1. Entire Agreement: This Agreement and all Exhibits represent the entire
agreement between the Parties and there are no other promises or
conditions in any other agreement whether written or oral. This Agreement
supersedes any prior written or oral agreements between the Parties.
14.2. Severability: If any provision of this Agreement is invalid or unenforceable
for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid
or unenforceable, but that by limiting such provision it would become valid
and enforceable, then such provision shall be deemed to be written,
construed, and enforced as so limited.
14.3. Governing Law: This Agreement shall be governed by and construed in
accordance with the Laws of the State of Colorado, and Applicable Law.
14.4. Jurisdiction: Venue for any judicial dispute between the Parties arising
under or out of this Agreement shall be in District Court in the county
where at least one of the parties resides.
14.5. Authority to Execute: The individual executing this Agreement
represents and warrants that he or she is duly authorized to execute and
deliver this Agreement on behalf of such party, and this Agreement is
binding upon such party in accordance with its terms.
14.6. Waiver: The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party’s
right to subsequently enforce and compel strict compliance with every
provision of this Agreement. Both the NWCCOG and Host expressly
reserve all rights they may have under law to the maximum extent
possible, and neither the NWCCOG nor Host shall be deemed to have
waived any rights they may now have or may acquire in the future by
April 16, 2019 - Page 26 of 76
19
entering into this Agreement.
14.7. No Joint Venture: The relationship between NWCCOG and Host shall
not be that of partners, agents, or joint ventures for one another, and
nothing contained in this Agreement shall be deemed to constitute a
partnership or agency agreement between them for any purposes.
NWCCOG and Host, in performing any of their obligations hereunder,
shall be independent contractors or independent parties and shall
discharge their contractual obligations at their own risk subject, however,
to the terms and conditions hereof.
14.8. Network Transport pricing on the Network may be billed to each MMC for
incoming and outgoing Transport Packets. Billing for Transport may be
determined by the Project THOR Steering Committee prior to each three-
year renewal period of this agreement.
14.9. Survival: Any provision of this Agreement, which by its nature extends
beyond the term hereof or which is required to ensure that the parties to
fully exercise their rights and perform their obligations hereunder shall
survive the expiration or termination of this Agreement for any cause
whatsoever.
14.10. Headings: Headings used in this Agreement are provided for
convenience only and will not be used to construe meaning or intent.
14.11. No Ability to Bind Other Party: Neither Party will have the authority to
bind the other by contract or otherwise or make any representations or
guarantees on behalf of the other. The relationship arising from this
Agreement will be and will at all times remain that of an independent
April 16, 2019 - Page 27 of 76
20
contractor, and does not constitute an agency, joint venture, partnership,
employee relationship or franchise.
NORTHWEST COLORADO COUNCIL OF GOVERNMENTS
By:
Jon Stavney, Executive Director Date
Vail, Colorado
By:
Greg Clifton, Town Manager Date
April 16, 2019 - Page 28 of 76
21
EXHIBIT A- OPTIONAL BANDWIDTH R ATES
Optional bandwidth can be purchased directly from the Network Operator from which
NWCCOG has negotiated the following combined bulk rate (bulk rate is calculated by
the total aggregation of all contracted parties) of:
IP Transit Tier MRC Price / Mbps
1Gbps To 2Gbps $0.75
2Gbps To 5Gbps $0.70
5Gbps To 10Gbps $0.60
10Gbps To 15Gbps $0.50
15Gbps To 20Gbps $0.48
20Gbps To 30Gbps $0.45
30Gbps To 40Gbps $0.40
40Gbps To 50Gbps $0.35
50Gbps To 60Gbps $0.33
60Gbps To 70Gbps $0.30
70Gbps To 80Gbps $0.28
80Gbps To 90Gbps $0.26
90Gbps To 100Gbps $0.25
April 16, 2019 - Page 29 of 76
22
EXHIBIT B-NETWORK (Diagram)
April 16, 2019 - Page 30 of 76
23
Exhibit C-Service Level Agreement
This Service Level Agreement (SLA) establishes Network Operator network
performance and service level metrics for the Network. The NWCCOG has contracted
with the Network Operator for its performance under the SLA described below, and
each MMC Host is a third-party beneficiary to, and may independently enforce the terms
of the SLA with the Network Operator with respect to the Services it purchases from the
Network Operator.
This Service Level Agreement (SLA) establishes the Network Operator’s network
performance and service level metrics for the Network. When the Network fails to
deliver a standard of performance (as established in the Table below), the Network
Owner shall be eligible for a corresponding credit. All Service Outages, service
impacting and non-impacting situations, and potential Service Level credits, will be
handled according to the guidelines and priorities as defined and set forth in this SLA,
and which may be subject to change from time to time with written notice.
Network Performance:
Upon Effective Date, in the event Network Operator suffers a network outage outside of
events defined as Force Majeure, planned outage or scheduled network maintenance,
then Network Operator and Network Owner will adhere to the guidelines set forth in this
Exhibit.
April 16, 2019 - Page 31 of 76
24
Monthly Service Availability Percentage and Outage Credits are as follows:
Monthly Service Availability
Percentage
Outage credit %
Upper Level Lower Level % of MRC credit per affected
and Network Operator
authorized Customer
100% >=99.9% 0%
<99.9% >=99.5% 5%
<99.5% >=99.0% 10%
<99.0% >=95.0% 25%
<95.0% >=90.0% 50%
<90.0% >=00.0% 100%
Network Operator will be responsible for ensuring the Network functions at or above the
Service Levels outlined in the preceding table, by performing the duties and
responsibilities outlined in the SOW. Any outage not directly related to Network
Operator’s duties and responsibilities will not constitute an outage credit between
Network Owner and Network Operator.
The length of each outage will be calculated in full minutes for the p urposes of
determining outage credits. The existence and end of each outage will be determined
by Network Operator in good faith based on network tests performed by Network
Operator. Under no circumstances will network tests performed by MMC Host or
April 16, 2019 - Page 32 of 76
25
Network Owner without collaboration with Network Operator be considered valid
measurable criteria for outage determination for the purposes of establishing outage
credit. In the event that the parties disagree as to the accuracy of Network Operator’s
test results, the parties shall work together to identify an independent entity to verify test
results.
Transparency: In the case of any outage or disruption of Service on the Network,
Network Operator shall promptly notify the Network Owner, MMC Hosts, and customers
with details of the outage and when Service is expected to be restored. Network
Operator may also make such outage information available electronically.
April 16, 2019 - Page 33 of 76
26
EXHIBIT D-MEET ME CENTER EQUIPMENT SPECIFICATIONS
Project THOR MMC Host Requirements
Physical Space for Equipment
MMC Host must provide adequate space for THOR Equipment
THOR equipment will require up to 10 Rack Units of Space
MMC Host to provide space for Anchor Institution and ISP equipment as
needed
2 x 19” racks would be preferred
Entrance conduits
MMC Host must provide entrance conduits and related infrastructure for
THOR middle mile connection
For sites where fiber build is required, the entrance conduits must be
installed from equipment room to property line
For sites where lit services will be used, underlying carrier requirements
will be applicable and likely to include conduit to property line, as well as
space and power for underlying carrier equipment
HVAC
MMC Host is responsible for maintaining proper environmental controls to
ensure the longevity of the THOR equipment
Proper temperature controls should maintain an ambient temperature of
no more than 80 degrees Fahrenheit
Access Control
MMC Host to provide secure access to equipment room
Only authorized personnel should be granted access
April 16, 2019 - Page 34 of 76
27
MMC Host to provide 24/7 procedure for access by Network Operator
MMC Host to provide 24/7 procedure for access by Colocators
Power
MMC Host must provide adequate commercial power for THOR
Equipment
20Amp, 120VAC dedicated power circuit minimum
Backup provisions in case of commercial power outage
Uninterrupted Power Supply (UPS)
Used to bridge power from time of outage to generator
power
Generator with automatic transfer switch capable of providing
power to equipment room during loss of commercial power
Land use/easements/lease
MMC Host must ensure that the equipment space provided has the proper
use, zoning, and easements in place for allowing the use by NWCCOG
and Project THOR
No additional compensation will be provided by NWCCOG for use of
space
Colocation
MMC Host shall make available space for ISPs to locate equipment and
connect to THOR within the MMC
MMC Host to make available entry/exit conduits for delivery of services
out of the MMC
MMC Host to make available roof space (if possible) for locating ISP
wireless equipment and/or wireless equipment to connect Community
Anchor Institutions
April 16, 2019 - Page 35 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Council requested a discussion surrounding the town's contribution policy for non-
profit organizations categorized as "S ervices".
P RE S E NT E R(S ): K athleen Halloran, F inance Director
AC T IO N RE Q UE S T E D O F C O UNC I L: Does Council wish to change the current contribution
policy?
B AC K G RO UND: On A pril 2, 2018 Council requested a work session discussion on the current
contribution policy for non-profit "S ervice" organizations.
S TAF F RE C O M M E ND AT IO N: No recommendation at this time.
AT TAC H ME N TS:
Description
contributions
April 16, 2019 - Page 36 of 76
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April 16, 2019 - Page 37 of 76
Attachment ASERVICES Cash Cash Cash Cash CashColorado Ski Museum: Operating 42,840 Subsidized rent per lease terms 8,000 44,125 Subsidized rent per lease terms 8,000 44,566 Subsidized rent per lease terms 9,320 44,566 Subsidized rent per lease terms 9,320 44,566 Subsidized Rent ($9K) and two Silver Parking 9,000 Colorado Ski Museum: Capital 500,000 Betty Ford Alpine Garden: Operating 67,000 2 parking spaces designated @ Ford Park 300 69,010 One blue parking space ($1,100) to be used by the director, 2 designated parking spots in Ford Park ($400)1,500 69,700 One blue parking space ($1,100) to be used by the director, 2 designated parking spots in Ford Park ($400)1,500 69,700 One blue parking space ($1,100) to be used by the director, 2 designated parking spots in Ford Park 1,500 69,700 One blue parking space ($1,250) to be used by the director, 2 designated parking spots in Ford Park ($400)1,650 Betty Ford Alpine Garden: Capital 500,000 30,000 - 19,000 - - High Five Access Media (TV5) 90,000 90,000 105,000 - 112,000 - 112,000 Eagle Valley Childcare 50,000 51,500 52,015 - 52,015 - 52,015 Eagle Valley Childcare : Capital 1,000 Other Non-profitsEagle River Watershed Council 63,240 Use of Donovan Pavilion (1 day for Waterwise Wednesday event)3,500 45,000 Use of Donovan Pavilion (1 day for Waterwise Wednesday event)3,750 45,450 Use of Donovan Pavilion (1 day for Waterwise Wednesday event)3,000 45,450 Use of Donovan Pavilion (1 day for Waterwise Wednesday event)3,000 42,000 EGE Air Alliance 75,000 VLMD Marketing Support 75,000 VLMD Marketing Support 75,000 VLMD Marketing Support 75,000 VLMD Marketing Support 75,000 VLMD Marketing SupportVVF: Vail Valley Athlete Commission 6,000 6,000 6,060 - 6,060 - - Walking Mountains - Actively Green 20,000 40,000 Red Sandstone Elementary29,000 - - - - Vail Mountain School25,000 - - - Children's Garden of LearningSnow plow services 5,000 - Snow plow services 5,000 12,800 Snow plow services 5,000 32,500 Snow plow services 6,500 Starting Hearts20,000 - - - Vail Valley Mountain Bike Association5,000 5,000 Vail Valley Trail Connection 10,000 Friends of Mountain Rescue- - - Radios (to be purchased with PD radios in 2018)20,000 16,000 Castle Peak50,000 - - - - Vail Memorial Park Foundation50,000 - - - Vail Recreation District4,000 Vail Chamber & Business Assn 8,500 Subsidized rent per lease terms; 324 s/f; per lease agreement $250/mo. No rate increase since 2013 Subsidized rent per lease terms; 324 s/f; per lease agreement $250/mo. No rate increase since 2013 Subsidized rent per lease terms; 324 s/f; per lease agreement $250/mo. No rate increase since 2013 Subsidized rent per lease terms; 324 s/f; per lease agreement $250/mo. No rate increase since 2013 Subsidized rent per lease terms; 324 s/f; per lease agreement $250/mo. No rate increase since 2013 ECO TransitTrade rent for ECO passes for employees; 197 s/f per lease / 2014 IGA. $1.5/ride up to $85 per employee per month; Max $50K to TOVTrade rent for ECO passes for employees; 197 s/f per lease / 2014 IGA. $1.5/ride up to $85 per employee per month; Max $50K to TOVTrade rent for ECO passes for employees; 197 s/f per lease / 2014 IGA. $1.5/ride up to $85 per employee per month; Max $50K to TOVTrade rent for ECO passes for employees; 197 s/f per lease / 2014 IGA. $1.5/ride up to $85 per employee per month; Max $50K to TOVTrade rent for ECO passes for employees; 197 s/f per lease / 2014 IGA. $1.5/ride up to $85 per employee per month; Max $50K to TOVMind SpringsTrade rent, utilities and 3 blue parking passes for TOV employee services up to $60K annual max; 32,500 Trade rent, utilities and 3 blue parking passes for TOV employee services up to $60K annual max; 32,500 Trade rent, utilities and 3 blue parking passes for TOV employee services up to $60K annual max; 32,500 Trade rent, utilities and 3 blue parking passes for TOV employee services up to $60K annual max; 32,500 Trade rent, utilities and 3 blue parking passes for TOV employee services up to $60K annual max; 32,500 - 20192016 In-Kind In-Kind 20182016 In-Kind In-Kind 20172016 In-Kind In-Kind 20152016 In-Kind In-Kind 2016 In-Kind In-Kind 2016April 16, 2019 - Page 38 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Short Term Rental program update
P RE S E NT E R(S ): K athleen Halloran, F inance Director and Matthew VanE yll, Short Term Rental
S pecialist
AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only
B AC K G RO UND: I t's been one month since the revised regulations took effect on March 1st.
This is an update to Council on how the registration process is going.
AT TAC H ME N TS:
Description
S T R
April 16, 2019 - Page 39 of 76
Town of VailSHORT‐TERM RENTALCOUNCIL UPDATEAPRIL 16, 2019April 16, 2019 - Page 40 of 76
Short-Term RentalsTown of Vail | Finance | 4/16/2019The Town’s Revised Short‐Term Rental Ordinance went into effect on March 1, 2019•Allowing professional managers to register properties on behalf of the owner•Creating an umbrella application for professional managers to simplify the registration process•Decriminalize Violations / Established Fines•Condo‐tels added to registration process•Reduced annual fees for professionally managed unitsApril 16, 2019 - Page 41 of 76
Short-Term RentalsTown of Vail | Finance | 4/16/2019Other requirements remain:•Notification to Duplex Neighbor•Posting of License Number in All Advertisements•Interior posting of a sign in each unit •Local property contact within 60 miles•Life Safety Affidavit•More than 3 violations = 2 year suspensionApril 16, 2019 - Page 42 of 76
Short-Term Rentals: ComplianceTown of Vail | Finance | 4/16/20191175 Total Registered :869 Professionally Managed306 Individually owned630 Non‐compliant65% Compliance869306780Professionally MgdCompliantIndividual CompliantNon‐compliantApril 16, 2019 - Page 43 of 76
Short-Term Rentals: ComplaintsTown of Vail | Finance | 4/16/2019Total complaints (56): 27 Individual‐owned 29 Professionally managed05101520253035Parking Trash Noise Pet Waste Other14139170246Prof MgdIndividualApril 16, 2019 - Page 44 of 76
Short-Term RentalsTown of Vail | Finance | 4/16/2019Thank You!Questions?April 16, 2019 - Page 45 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: D R B / P E C Update
P RE S E NT E R(S ): Chris Neubecker, P lanning Manager
AT TAC H ME N TS:
Description
April 3, 2019 D R B Meeting Results
April 8, 2019 P E C Meeting Results
April 16, 2019 - Page 46 of 76
D E S IG N R E V IE W B O AR D
April 3, 2019, 3:00 P M
Town Council C hambers
75 S. Frontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Swearing in of D RB Members
Peter Cope and Doug Cahill were sworn in for a new D RB term.
1.2.Attendance
Present: J ohn Rediker, Doug Cahill, David Campbell, Peter Cope, Bill
Pierce
Absent: None
2.Project Orientation
2.1.2:00 P M
3.Site Visits
3.1.224 Forest Road - 224 Forest LLC
3.2.706 Forest Road - Ostling Residence
3.3.1300 W esthaven Drive - Hotel Talisa
3.4.1067 Ptarmigan Road - Vail Ptarmigan LLC
4.Main Agenda
4.1.D R B19-0061 - W idmer Residence
Final review of an exterior alteration (windows)
Address/Legal Description: 4145 Spruce W ay Unit B/Lot 9, Block 9,
Bighorn Subdivision 3rd Addition
Applicant: I an & Kristine W idmer, represented by Heid Remodeling &
Construction
Planner: Erik Gates
Staff approved
4.2.D R B19-0041 - Vail Ptarmigan LL C
Final review of an addition
April 16, 2019 - Page 47 of 76
Address/Legal Description: 1067 Ptarmigan Road/Lot 3, Block 5, Vail Village
Filing 7/Vail Village Filing 10
Applicant: Vail Ptarmigan LLC, represented by Sipes Architects, I nc.
Planner: Erik Gates
1. The applicant shall incorporate 2 Aspens near the Northwest corner of
the dwelling, 1 Maple near the North face of the dwelling, and 1 Spruce
near the North face of the dwelling; as indicated in document 'D RB19-
0041 Conditional Landscaping'
Doug Cahill moved to approve with conditions. David Campbell seconded the
motion and it passed (5-0).
4.3.D R B19-0057 - 1022 Eagles Nest LL C Residence
Final review of new construction (duplex)
Address/Legal Description: 1022 Eagles Nest Circle/Lot 3, Block 6, Vail
Village Filing 7
Applicant: 1022 Eagles Nest L L C, represented by Suman Architects
Planner: Ashley Clark
1. The applicant shall submit proof of recording of the minor subdivision
approved by the Planning and Environmental Commission (P E C19-
0005) prior to the issuance of a building permit.
Doug Cahill moved to approve with conditions. David Campbell seconded the
motion and it passed (5-0).
4.4.D R B19-0055 - Hotel Talisa
Final review of an exterior alteration (landscaping)
Address/Legal Description: 1300 Westhaven Drive/Unplatted
Applicant: Vail Hotel Partners LLC Laurus Corporation, represented by
Zehren Architects
Planner: Chris Neubecker
Doug Cahill moved to approve. David Campbell seconded the motion and it
passed (5-0).
4.5.D R B19-0070 - Ostling Residence
Conceptual review of a remodel/rebuild
Address/Legal Description: 706 Forest Road Units A & B/Lot 9, Block 1, Vail
Village Filing 6
Applicant: Paul & Danita Ostling, represented by Shepherd Resources, I nc.
Planner: J onathan Spence
4.6.D R B19-0001 - 224 Forest LL C Residence
Conceptual review of a separated duplex
Address/Legal Description: 224 Forest Road/Lot 11, Block 7, Vail Village
Filing 1
Applicant: Forest Road Trust Elizabeth Goldman, represented by Suman
Architects
April 16, 2019 - Page 48 of 76
Planner: Erik Gates
4.7.Discussion of Draft Ordinance for Roofs & Parapets
Planner: Ashley Clark
5.Staff Approvals
5.1.D R B19-0016 - Ellish Residence
Final review of an exterior alteration (window/vent/stucco)
Address/Legal Description: 1881 Lion's Ridge Loop Unit 10C/Lot 1, Block 3,
Lion's Ridge Subdivision Filing 3
Applicant: F. W arren Ellish Revocable Trust, represented by Michael Hazard
Associates
Planner: Ashley Clark
5.2.D R B19-0030 - Four Seasons
Final review of an exterior alteration (doors)
Address/Legal Description: 1 Vail Road/Lot A - C, Vail Village Filing 2
Applicant: Ex Vail LLC Extell Development, represented by OZ Architecture
Planner: Erik Gates
5.3.D R B19-0043 - Four Seasons Remedy Kitchen
Final review of an addition (Remedy kitchen)
Address/Legal Description: 1 Vail Road/Lot A - C, Vail Village Filing 2
Applicant: Ex Vail LLC Extell Development, represented by OZ Architecture
Planner: Erik Gates
5.4.D R B19-0046 - Hankins Residence
Final review of a change to approved plans (skylight)
Address/Legal Description: 1408 Moraine Drive/Lot 4, Dauphinais-
Moseley Filing 1
Applicant: Sharon Hankins, represented by Beth Levine Architect
Planner: Erik Gates
5.5.D R B19-0050 - East Vail Land and Cattle Co Inc. Residence
Final review of an exterior alteration (windows)
Address/Legal Description: 5040 Main Gore Place Unit A2/Sundial Phase 2
Applicant: East Vail Land and Cattle C O I nc., represented by 5280 Exteriors
Planner: Chris Neubecker
5.6.D R B19-0053 - MAC2 LL C Residence
Final review of an addition (deck/master/windows)
Address/Legal Description: 600 Vail Valley Drive Unit A11/Tract B,
Northwoods Condominiums
Applicant: MA C2 LLC, represented by Beth Levine Architect, I nc.
Planner: J onathan Spence
5.7.D R B19-0054 - Cummings Residence
April 16, 2019 - Page 49 of 76
Final review of a change to approved plans (additional square footage)
Address/Legal Description: 5169 Gore Circle/Lot 5, Block 2, Bighorn
Subdivision 5th Addition
Applicant: Greg Cummings Construction
Planner: Erik Gates
5.8.D R B19-0062 - Lodge at Lionshead
Final review of an exterior alteration (French door)
Address/Legal Description: 380 East Lionshead Circle/Lot 7, Block 1, Vail
Lionshead Filing 1
Applicant: Lodge at Lionshead, represented by K H W ebb Architects
Planner: J onathan Spence
5.9.D R B19-0063 - Andrews Family Trust
Final review of an exterior alteration (door)
Address/Legal Description: 380 East Lionshead Circle Unit 130/Lot 7, Block
1, Vail Lionshead Filing 1
Applicant: Cathy L. Andrews Family Trust, represented by K H W ebb
Architects
Planner: J onathan Spence
5.10.D R B19-0064 - Town of Vail
Final review of a sign
Address/Legal Description: 518 South Frontage Road East/Unplatted
Applicant: Town of Vail
Planner: J onathan Spence
5.11.D R B19-0065 - Andrews Residence
Final review of a change to approved plans (window/trim/stone)
Address/Legal Description: 1179 Spraddle Creek Road/Lot 7, Spraddle
Creek Estates
Applicant: George A. Andrews, represented by Meadow Mountain Homes
Planner: J onathan Spence
5.12.D R B19-0066 - Meiners Residence
Final review of a change to approved plans (extension/windows)
Address/Legal Description: 385 Gore Creek Drive Unit 203/Lot 14-18, Block
5, Vail Village Filing 5
Applicant: Mark D. Meiners, represented by K H Webb Architects
Planner: J onathan Spence
5.13.D R B19-0071 - Golden Peak Enterprises LL C Residence
Final review of a change to approved plans (exterior material)
Address/Legal Description: 814 Potato Patch Drive/Lot 3, Block 1, Vail
Potato Patch Filing 1
Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects
Planner: J onathan Spence
April 16, 2019 - Page 50 of 76
5.14.D R B19-0072 - Golden Peak Enterprises LL C Residence
Final review of a change to approved plans (master/window/deck/bridge)
Address/Legal Description: 815 Potato Patch Drive/Lot 2, Block 1, Vail
Potato Patch Filing 1
Applicant: Golden Peak Enterprises LLC, represented by Pierce Architects
Planner: J onathan Spence
5.15.D R B19-0077 - Torras Residence
Final review of a change to approved plans (lighting/grading/doors)
Address/Legal Description: 1170 W esthaven Lane/Lot 39, Glen Lyon
Subdivision
Applicant: I gnacio Torras, represented by K H Webb Architects
Planner: J onathan Spence
The applic ations 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 C ounc il Chambers. Times and order of
items are approximate, subject to c hange, and cannot be relied upon to determine at what time
the Design Review Board will c onsider an item. Please call 970-479-2138 for additional
information. Sign language interpretation available upon request with 24-hour notification, dial
711.
April 16, 2019 - Page 51 of 76
P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N
April 8, 2019, 1:00 P M
Town Council C hambers
75 S. F rontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Swearing in of P E C Members
Town Clerk, Tammy Nagel, swore in P E C members Gillette, Perez and
Lockman.
Ludwig Kurz nominated Brian Stockmar as Chair. Passed 4-0-1 (Stockmar
abstained)
Brian Gillette nominated Ludwig Kurz as Vice Chair. Passed 4-0-1 (Kurz
abstained)
1.2.Attendance
Present: Karen Perez, Brian Stockmar, Ludwig Kurz, J ohn-Ryan Lockman,
Brian Gillette
Absent: Rollie Kjesbo, Pam Hopkins
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a Prescribed
Regulations Amendment, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to amend Section 14-10-5, Building Materials and Design, Vail Town
Code, and Section 14-10-8, Landscaping, Drainage and Erosion Control,
Vail Town Code, relating to wildfire protection and the proposed adoption of
the I nternational W ildland Urban I nterface Code, and setting forth details in
regard thereto. (P E C18-0035)
This project has been placed on hold and will be readvertised at a later date.
Applicant:Vail Fire & Emergency Services
Planner:Chris Neubecker
Karen Perez moved to table to a date uncertain. Brian Gillette seconded the
motion and it passed (5-0).
Absent:(2)Hopkins, Kjesbo
2.2.A request for the review of a variance from Section 12-6C-9-15 Site
Coverage, Vail Town Code, in accordance with the provisions of Section 12-
17-1, Variances, Vail Town Code, to allow for a variance to the maximum
allowable site coverage of 20% to facilitate the development of residential
garages, located at 895 Red Sandstone Circle Units A & B/Lot 2, Vail
Village Filing 9, and setting forth details in regard thereto. (P E C19-0007)
This application has been withdrawn.
April 16, 2019 - Page 52 of 76
Applicant:Peter Smith & Amy Fordham, represented by Krueger
Architecture
Planner:J onathan Spence
3.Approval of Minutes
3.1.March 25, 2019 P E C Results
Commissioner Kurz left the meeting after this item.Ludwig Kurz moved to
approve. Brian Gillette seconded the motion and it passed (5-0).
Absent:(2)Hopkins, Kjesbo
4.I nformational Update
4.1.A worksession to introduce potential changes to Title 14 related to the unified
architectural design requirement as it relates to existing separated duplexes.
45 min.
Applicant:Town of Vail
Planner:Erik Gates
Planner Gates walked the commission through the topic, the history, the
problem and the proposed draft language. Staff is proposing text changes
to the Town Code to address existing separated duplexes with different
architectural designs. Current code does not allow different architectural
designs. The proposed text amendment is specific to existing separated
duplexes with different architectural designs, and would provide some relief
to such existing properties.
Planner Spence discussed a similar text amendment that was presented to
the Commission in May 2018, which was different situation. That proposal
was for allowing different designs for new separated duplexes.
Commissioner Stockmar asked about how this has come to be that
separated duplexes have different architectural design.
Perez asked staff to explain how a duplex can be separated. A duplex is
two units attached, so how is this possible to be detached?
Spence described how some of the existing separate duplexes were
created in Vail. An example is a property recently approved with a creek
running through the property. I t does not happen very often.
Perez asked if there is a distance that units are require to be separated.
Staff indicated that there are criteria in the code, but not a specific
distance.
Gillette indicated that when these units are separated, they may appear as
a single family home. The reason for requiring similar architecture is so
that they appear as part of the same development.
Staff informed the board that these have happened for a number of
reasons. Some were built prior to the Town annexation of the properties,
some were approved later by the Design Review Board, and some may
have drifted apart in their architecture due to staff and board approvals.
April 16, 2019 - Page 53 of 76
Commissioner Gillette asked about a variance approach, instead of the
proposed language.
Planner Spence stated that the variance criteria in the code would not
allow separated duplexes to maintain differing architecture because this is
a situation that has arisen out of human activity. This is like a hardship, but
is not related to site specific conditions which are required by code for a
variance.
Gates indicated that the current code would still require separate duplexes
to use similar architecture and design.
Stockmar asked how many of these cases currently exist, and if they were
built or designed without Town approval.
Spence described some separated duplexes with access from different
streets, where the public does not know that these are part of the same
development lot. Spence provided reasons why this issue should not be
addressed through the variance process.
Gillette asked why this decision should be reviewed by the Administrator,
and not the Design Review Board.
Spence indicated that these are black and white that the designs are
different. Staff is opposed to having a list of properties in the code.
Commissioner Perez expressed concern with how these different designs
have come to be and the possibility that proposed code language could
result in more duplexes diverging. She raised concerns about the
Administrator making the decision on design difference, and not the
Design Review Board. By continuing to be decided by the Planning
Department, designs may continue to diverge from the code. W e need to
identify the properties to which this code would apply.
Gillette explained his experience on the Design Review Board, and how
design decisions are made, including how designs can evolve over time.
Staff expressed that this proposal should only apply to existing separated
duplexes where styles are already very different. All other duplexes should
be required to return to a unified architecture.
Commissioner Gillette asked about a potential site visit. He asked if the
intent is to allow separated duplexes to maintain different architecture.
Staff indicated that is correct.
Staff agreed to set up a visit of some duplexes at a future P E C meeting.
Commissioner Lockman asked about separated duplexes that represent a
middle ground between wholly divergent architecture and minor
differences. Are there some properties that have similar architecture,
where the designs are not significantly different, and there is some gray
area?
Spence indicated that there are some properties where staff required the
designs to be made more similar through the design review process.
Commissioner Stockmar proposed language to require that included
April 16, 2019 - Page 54 of 76
having the proposed text amendment only apply to qualifying separated
duplexes built prior to the date of amendment adoption, and including
reference to a list of properties that this proposed change would apply to.
The P E C would like to know how many properties in Town would qualify
for the list of known separate duplexes with different designs.
Staff indicated that it would not recommend including a list of the
applicable properties within the code, but that Community Development
would maintain a list of such properties.
5.Adjournment
Brian Gillette moved to adjourn. Karen Perez seconded the motion and it
passed (4-0).
Absent:(3)Hopkins, Kjesbo, Kurz
The applications and information about the proposals are available for public inspec tion during regular offic e 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 vis its that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the
Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
April 16, 2019 - Page 55 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: C S E Draft Meeting Minutes
AT TAC H ME N TS:
Description
C S E Meeting Minutes
April 16, 2019 - Page 56 of 76
CSE Minutes March 6, 2019 Page 1 of 6
DRAFT
COMMISSION ON SPECIAL EVENTS MEETING
Vail Town Council Chambers
Wednesday, March 6, 2019 @ 8:30a.m.
AGENDA:
Meeting materials can be accessed at the following link:
March Meeting Link
CSE Members Present: Alison Wadey
Mark Gordon
Rayla Kundolf
Kim Newbury Rediker
Barry Davis
Samantha Biszantz
CSE Members Absent: Marco Valenti
TOV Staff Present: Ernest Saeger, Special Events Coordinator
Matt Miano, Economic Development Coordinator
Mia Vlaar, Economic Development Director
Others Present: Nanette Kuich, Betty Ford Alpine Gardens
Robert Prechtl, Mountain Art Collective
Jana Morgan, VLMDAC
Jason Balera, SayNoMore! Promotions
Michael Youngblood, Unsettled
CSE Chair, Alison Wadey, called the meeting to order at 8:30am.
Administrative Items:
Approval of the Minutes of the CSE Meeting on February 6, 2019.
• Gordon asked for the minutes to be revised surrounding conversation
about Snow Days ROI
• Saeger said he will listen to the recording and revise the meeting meetings
Motion to approve the minutes of the CSE Regular Meeting on February
6, 2019 as presented.
M/S/P: Davis/Rediker/Unanimous. The motion passed 6-0
April 16, 2019 - Page 57 of 76
CSE Minutes March 6, 2019 Page 2 of 6
Meeting/ Event Reminders:
• 10th Mountain Parade - March 8 – 7:00pm start
• Family Apres Ski Lionshead - March 9, March 16, March 23
o Rediker asked if Brian Hall has provided event info to
local lodges
o Miano said he will follow up with Hall to confirm
• Town of Vail Community Meeting – March 12
• Pink Vail – March 16
• Powabunga Fest – March 22-23
Review 2019 Survey Program Events:
• Saeger explained that CSE surveys are done through RRC in order
to best compare data
• Davis said the CSE needs to take responsibility and survey the
events they want data from
• Saeger explained Council contribution events must perform and
fund their own survey
• Vlaar said we could create standard questions for events to provide
to their survey company in order to compare data on the same level
• Rediker suggested to include stipulations for the survey questions
and data
• Saeger said staff will work with events to ensure their survey
program is sufficient
• Saeger read the Council funding agreement survey terms stating
that Council funded signature events must hire a third party survey
company
RFP Discussion for Educational and Enrichment Funding:
Global Solutions Forum:
• Gordon confirmed that they were already funded $5,000 for 2019
• Kundolf said they are working with Ceil Folz’s company which has the
ability to elevate the event
• Rediker said the event is not bringing in international students
• Rediker said it is mostly a networking event that helps prepare future
college students go to other destinations
America Days Parade Dance Camp and Float
• Biszantz said she sees the potential future success of this program
• Gordon said this event could grow a program into a much bigger scale
and benefit the town
• Wadey said this would add a great element to the parade
• Davis asked if Vail America Days name would be an issue
• Saeger said we own the trademark and it would be up to the Town of Vail
April 16, 2019 - Page 58 of 76
CSE Minutes March 6, 2019 Page 3 of 6
• Kundolf said this could open the door for other parade entries to ask for
funding
• Rediker said she feels that kids would participate with a fee as opposed to
town funding
• Biszantz asked if $1,000 would be enough to make it happen
• Prechtal said their goal is to host events to bring traffic to the Mountain Art
Collective in the Cascade area
• Prechtal said the group of three are funding everything personally at this
time and it may be hard to move forward with the event without CSE
funding
• Prechtal said the $2,000 would be beneficial and a big piece to attract
customers and help grow the event in the future
Vail Veterans:
• Biszantz said it is already one of the highest funded events in the EE
category
• Gordon said he is concerned they could pull it together in time since it is in
just over a month
• Gordon noted that other events support them through temporary special
event liquor licenses
• Davis said their RFP proposal did not check the EE box for him
• Wadey said it is a great program and suggested the median funding
amount
• Gordon asked if the event would still happen
• Biszantz said yes, they had the event last year even without funding
Betty Ford Alpine Gardens:
• Rediker said it is a great organization and they have already funded well
but there are other events that she’d prefer to give the funding to
• Kundolf clarified that the Council is funding operating expenditures and the
CSE funds the event programming
• Saeger clarified the goal is they go to Council for event funding to keep
the monetary ask in one location
• Wadey said she likes the idea of soils and farmers and requests that local
schools to be involved
• Kuich said they are hoping to put signage in the Ford Park area to explain
sustainable farming
• Gordon asked what $2,500 will do for the program and will the signs be
made
• Kuich said yes, she would hope that the board would add in additional
funding and cut back other expenses
• Gordon said without the signs there will still be marketing to attract
customers into the exhibit
Eat Chat Parent:
April 16, 2019 - Page 59 of 76
CSE Minutes March 6, 2019 Page 4 of 6
• Davis said he has attended their events and said they have been helpful
to his family and many others in the Valley
• Wadey said this program addresses the issue that Eagle County has with
mental health and high suicide rates
Unsettled:
• Gordon said it is spot on and brings 30 people here for two weeks that will
be living, eating, and dining in Vail
• Wadey said she would like to see it in lodges and hotels as opposed to
short term rentals
• Vlaar said the Council is focusing on a co-working space which is missing
from Vail
• Rediker said she has seen guests at the Antlers living this lifestyle and
sees the demand
• Youngblood said their goal is to have the event occur in Vail a minimum of
four times per year
• Youngblood added they could increase the number of participants to 50
• Wadey asked how he acquires his clients
• Youngblodd said social media and advertising
• Youngblood said the nationality usually consists of 1/3 European, 1/3
North American, and 1/3 other
• Youngblood said the average age is 40
• Wadey asked for attraction to Vail
• Youngblood said Vail fits their international brand reputation and noted its
about the lifestyle and Vail has the idea lifestyle
• Biszantz asked how partial funding would affect the program
• Youngblood said $6,000 or less would not allow them to move forward
with the program
• Davis asked what his normal ask would be during the CSE funding
process in September
• Youngblood said he would ask for $20,000 for a fall event and $20,000 for
a late ski season
• Kundolf asked what is being brought back to the community
• Youngblood said he would offer a local scholarship or discount, possibly
open a co-working space in Vail, and hire local staff
• Gordon asked if $10,000 would confirm the event
• Youngblood said $10,000 yes, $7,500 he would have to discuss with his
partners
• Wadey said she is concerned about the short planning period before the
event
• Biszantz said this type of thing is always talked about in economic
development circles in the valley to improve the quality of life
• Gordon asked if the full package will be there at $10,000
• Youngblood said $20,000 would allow them to hire local staff from day 1 to
help create the program
April 16, 2019 - Page 60 of 76
CSE Minutes March 6, 2019 Page 5 of 6
•Youngblood said he will be here in the fall for CSE funding
•Youngblood said the cost for attendees would be around $3,000
•Kundolf asked if any former participants have moved to the location of the
retreat
•Youngblood said close to zero
•Wadey said the event could produce an ROI and heads in beds
•Davis said people come to Vail for learning and professional development
and it is great if people come back
•Biszantz said she is concerned that if they don’t fund it, we may lose it
•Rediker said this helps builds Vails reputation
•Vlaar said September is a need time period to increase lodging occupancy
•Gordon said the $10,000 is going to hit a grand slam on a new event that
has huge potential upside
Motion to approve funding in the amount of $13,500 to Unsettled and
$1,500 to Eat Chat.
M/S/P: Kundolf/Rediker. The motion failed 2-4
Motion to approve funding in the amount of $10,000 to Unsettled, $1,000
to Global Solutions Forum, $1,250 to Betty Ford Alpine Gardens, $1,250
to America Days Parade Dance Camp and Float, and $1,000 to Eat Chat.
M/S/P: Rediker/Gordon. The motion passed 5-1 (Dissent: Davis)
•Davis said he would keep more money invested in the new event dance
camp
Boards and Commissions Training/ Review:
•Mire noted that there is a guidebook that he can provide upon request
•Mire said to check before acting outside of the room on behalf of the CSE
•Mire said to avoid contact outside of the scope of the CSE
•Mire said deliberation is good and encourages it as long as there is basis
discussed for a decision
•Mire said to put ethics first
New Business and Community Input:
•Vlaar said that an EE task force is being created based on the Town
Council action plan
•Vlaar said the goal will be decided at the VEAC meeting on March 12th
•Vlaar thanked Jana Morgan for attending to improve cohesiveness
between CSE and VLMDAC
•Miano said that Powabunga presented to Council yesterday and it went
very well
•Miano noted their goal is 4,000 ticket buyers
April 16, 2019 - Page 61 of 76
CSE Minutes March 6, 2019 Page 6 of 6
Motion to adjourn at 9:53am.
M/S/P: Davis/Kundolf/Unanimous. Motion passed 6-0
April 16, 2019 - Page 62 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: V E A C Meeting Minutes
AT TAC H ME N TS:
Description
V E AC Meeting Minutes
April 16, 2019 - Page 63 of 76
Vail Economic Advisory Council
March 12, 2019
Vail Town Council Chambers
8:00 AM – 10:00 AM
MEETING MINUTES
VEAC Members Present: Yann Benjamin, Laurie Mullen, Mike Ortiz, Matt Ivy, Rayla
Kundolf, Chris Romer, Michael Connolly, Alison Wadey, Mike Lange, Sarah Franke,
Kim Newbury-Rediker, Bob Boselli, Brian Nolan, Mike Glass, Lori Pohl, Travis Coggin,
Meredith Macfarlane, Greg Moffett
Town of Vail Staff Present:
Greg Clifton – Town Manager, Kathleen Halloran – Finance Director, Mia Vlaar -
Economic Development Director, Matt Miano, Economic Development Coordinator,
Ernest Saeger, Special Events Coordinator, Carlie Smith, Financial Services Manager
Others Present:
March Meeting Link
AGENDA
Meeting Reminders,
• Clifton – please join the town for an exciting and informative community
meeting tonight at Donovan (Annual Community Meeting 5pm-7pm)
Financial Update, Kathleen Halloran (5 minutes)
• January sales tax up 6.3%
• Parking Rev Season to date – pass sales 1.6 million up 36%, daily sales of
$3.2 million up 33% from prior winter season
• See handouts
2019 Budget Message, Carlie Smith, Kathleen Halloran (15 minutes)
• Link to Budget Message Presentation
• Connection between budget plan and council goals, it begins with the town’s
vision and moves into goals
• 3 areas of spending within those goals – housing, sustainability and economic
development
• Increases in 2018 to all three areas of spending
• Mullen asked where budgeted? A) Housing/Indeed Program– capital
improvements, Economic Development – general fund, Sustainability Efforts –
Real Estate Transfer Tax
• Council will consider a new spend of $4M to purchase deed restrictions at East
Vail housing development; this is not currently in the budget
VEAC Minutes March 12, 2019
April 16, 2019 - Page 64 of 76
• Clifton – general fund reserves are usually left in tact, capital funds go up and
down from time to time
• Clifton – secondary data center is a terrific back-up system and will aid in
reducing our vulnerability.
• THOR project will greatly enhance the fiber optics along I70 corridor and
connection will be easily connectible preparing us for 5G infrastructure
• New town IT director officially starts next week and he will be involved in this
project which has been ongoing over the past couple of years
• Vlaar – Presentation in November showed how the process moving to 5g will
work (link to council THOR presentation here Agenda Item 3.1)
• Smith – went through upcoming capital projects budgeted for 2019
• Ortiz – Ford Park Shelter Vail Recreation District decided on a building a shade
structure and will offer our guests protection from sun and more importantly
lightning. Construction will begin soon
• Smith – breakdown of pie chart in presentation “2019 Budgeted Revenue and
Budget Expenditures”
• The town currently has no debt.
• Reserve charts represent 2 years past and 3 years forward and includes
council’s increased minimum to be held in reserves
• Prioritizing capital projects will be integral because reserves will not cover all
projects
• $35 million in TIF for civic plan and we can borrow off of that.
• Clifton – we have the mechanism in place to execute whatever the civic plan
ends up becoming
• Halloran -Life of TIF is 2030
• Clifton - Municipal building is not in TIF district but it can be with a demonstration
of connectivity, or nexus
Town Manager’s Report, Greg Clifton (5 minutes)
• IT director is officially starting next week but has been getting acquainted
• We’ve been short staffed in that department but we will be fully staffed as of next
week
• CAST (Colorado Association of Ski Towns) meeting in Denver last week with
governor as keynote speaker
• CAST faces similar issues and conversations based off all these topics, housing,
traffic, economic development etc.
• Sam Mamet will be here next week from Colorado Municipal League next council
meeting and give him his due recognition of 40 years of service with the CML.
Education and Enrichment Task Force, Mia Vlaar (15 minutes)
• Vlaar went through the Cultural, Recreation, Community vs. Education and
Enrichment event criteria
• Taskforce will better define what EE includes and should not include to ensure
everyone is on the same page
• Moffett volunteered to be on the task force
VEAC Minutes March 12, 2019
April 16, 2019 - Page 65 of 76
• Kundolf – I believe taskforce should be between council and CSE because they
understand everything that goes into the process
• Vlaar- we’re opening this up for everyone’s input on how this should be made up
• Wadey- We want to understand why we are doing this because we did this 2
years ago when it was renamed EE and we believe we have a firm
understanding of what this is
• Gordon – my takeaway from council from the last time was that there was a
desire for a “big Idea” in the EE world. But we have an existing category that has
some of our most popular events and would hate to see something like Vail
Symposium go away because a task force was looking for the big idea
• Wadey – unless that doesn’t follow council goals
• Moffett – We are missing the Big Idea and the task force could identify what’s
missing and how we go get it
• Wadey – if goal is to recruit events that is not what the CSE does
• Clifton – good reminder that even without ROI these EE events are good for our
community. What’s missing is the bigger idea, something like the Aspen Institute.
We tried it in Telluride and it has been slowly progressing and the return is there
• Kundolf – biggest problem is they don’t have a brick and mortar. There is a space
in town and I have talked to council about it, not sure if town should buy it or not
but it is here.
• Gordon – I would volunteer for a Big Idea Task Force but believe EE is working
well
• Kundolf – Commented on Vail Centre and how two programs are continuing with
funding from CSE
• Romer – Hugely important, agree a brick and mortar is important and Aspen
Institute is an inspiration but not a model. You need to actively find the right
organization to do this.
• Moffett – Biggest thing missing in Vail is education opportunities for grownups
• Mullen – we have to better define what we are trying to achieve in the EE
category
• Franke – I work for an organization that does this stuff and I am not clear of what
the goals of this task force are. Defining those are a great first step
• Coggin- Start by casting a big net and need to own what Vail is. Happy to throw
my name in the ring for task force
• Clifton – we have the brain power and experience in our community and should
tap into these resources
• Mullen - maybe we should look into some of the programming we already have
like Bravo and Dance that offer educational components
• Clifton – Continue dialogue with council?
• Moffett and Coggin – agreed that offline conversations may be a better place to
start
Citizen Input
•
VEAC Minutes March 12, 2019
April 16, 2019 - Page 66 of 76
Other Business (5 minutes)
• Yann Benjamin – Epic for Everyone – Epic Day Pass product that offers a lift
access product at a significant discount. During holiday season guests can buy a
ticket for $125, non holiday is $106. Only caveat is that you purchase tickets
prior pass sales ending around thanksgiving.
• Clifton – Nod to Suzanne Silverthorn and Susan Mitchell on the Year in Review
publication and annual community meeting efforts
• Mullen – Q) Second window of engagement vail civic plan will be what?
A) Clifton – second window will focus more on stakeholders
• Romer – ‘Best of Colorado’s” sponsored by Colorado Meetings and Events met
and named: Vail Mountain Best Activity in state outside of metro Denver
• Vail Valley Partnership was named Best Destination Sales and Marketing
Organization in state outside of metro Denver
Adjournment
Next Meeting
Tuesday, April 9, 2019
8:00 – 10:00 AM, Town Council Chambers
VEAC Minutes March 12, 2019
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: V L HA March 26, 2019 Meeting Results
AT TAC H ME N TS:
Description
V L H A March 26, 2019 Meeting Results
April 16, 2019 - Page 68 of 76
Vail Local Housing Authority
Meeting Results
March 26, 2019
3:00 PM
Vail Town Council Chambers
75 S. Frontage Road - Vail, Colorado,
81657
1. Call to Order
Called to order at 3:04PM all members present except James.
2. Citizen Participation
No one from the public is present.
3. Approval of Minutes
3.1 VLHA March 12, 2019 Meeting Results
Morales made a motion to approve the March 12, 2019 meeting results.
MOTION: Morales SECOND: McDougall VOTE: 4-0 approved
4. Main Agenda
4.1. Summit Information Services (SIS)
Presenter: David Cunningham
David Cunningham is reviewing state election and Council meeting dates with
the clerk for more specific dates. He recommended to design survey in April
and in May have VLHA meet with the Town Manager and Council members or a
joint work session to discuss survey gaining understanding of support. He would
like to have all 7 Council members be in support for long term funding.
Cunningham stated if there are questions or misunderstandings they could be
addressed at the discussion meetings.
Council will need to hold 2 hearings by August. Cunningham wants to spend
April to work on draft with Dave at Magellan.
Lindstrom said VLHA needs time with Cunningham to discuss the draft survey.
SIS will provide a draft survey next week, April 1.
Cunningham said if you don’t have alignment then you don’t put on agenda and
the initiative could be added to the 2020 election.
Schedule:
• April draft survey and VLHA review
• Meet end of April
• Put survey out end of May, early June
• 1st of July be prepared with results
• Now until the end of May: SIS will send via email draft for VLHA comments, April 16, 2019 - Page 69 of 76
is it good enough to sit with the Town Manager and others (Council).
Someone from VLHA, Ruther, Town Manager and Cunningham or Magellan
present for all meetings.
• Town Manager will drive Town Council schedule
• SIS suggests work session
• Joint meeting with VLHA and Council. When? May 7th Council meeting for
work session with VLHA and Council.
McDougall suggested there should be a public work session.
4.2. Resolution No. 9, Series of 2019 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Vail Das Schone Filing 2, Block G, Lot 3B, Eagle County, Colorado with a Physical Address of 2458 Garmisch Drive Unit B, Vail, Colorado; and Setting Forth Details in Regard Thereto.
Presenter: Lynne Campbell
Campbell provided a review of the resolution.
Morales made a motion to approve Resolution No. 9, Series of 2019 a
Resolution Approving the Purchase of a Deed Restriction Interest in Property
(Type III Deed Restriction) in the Town of Vail Legally Described as Vail Das
Schone Filing 2, Block G, Lot 3B, Eagle County, Colorado with a Physical
Address of 2458 Garmisch Drive Unit B, Vail, Colorado; and Setting Forth
Details in Regard Thereto.
MOTION: Morales SECOND: Meza VOTE: 4-0 Approved
4.3. EHU Exchange Request 1109 Vail Valley Drive
Presenter: Lynne Campbell
Campbell summarized the exchange request. Applicant is represented by Kyle
Webb, K.H. Webb. Owner is selling a deed restriction.
Morales made a motion to recommend to the Vail Town Council approval of
the EHU exchange at 1109 Vail Valley Drive.
MOTION: Morales SECOND: McDougall VOTE: 4-0 Approved
5. Executive Session
5.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: submitted Vail InDEED applications and program details.
Presenter: Lynne Campbell
McDougall made a to leave the regular meeting and enter executive session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: submitted Vail InDEED applications and program details.
MOTION: McDougall SECOND: Meza VOTE: 4-0 Approved
Meza motioned to exit executive session and return to the regular VLHA
April 16, 2019 - Page 70 of 76
meeting.
MOTION: Meza SECOND: Morales VOTE: 4-0 Approved
The regular meeting reconvened at 4:10PM. Present are Meza, Morales,
Lindstrom, McDougall and Ruther and Campbell from staff.
Action as a Result of Executive Session
McDougall made a motion recommending staff move forward with the Vail
InDEED negotiation as discussed in executive session.
MOTION: McDougall SECOND: Morales VOTE: 4-0 Approved
6. Adjournment
Meza motioned to adjourn the meeting at 4:10PM.
MOTION: Meza SECOND: Morales VOTE: 4-0 Approved
7. Future Agenda Items
• Housing Data
• Housing Sites
• West Vail Master Plan Discussion
• Civic Area Plan
8. Next Meeting Date
8.1. Next Meeting Date April 9, 2019
Meeting agendas and materials can be accessed prior to meeting day on the
Town of Vail website www.vailgov.com. All housing authority meetings are
open to the public. Times and order of agenda are approximate, subject to
change, and cannot be relied upon to determine at what time the Vail Local
Housing Authority will discuss an item. Please call (970) 479-2150 for
additional information. Please call 711 for sign language interpretation 48
hours prior to meeting time.
Housing Department
April 16, 2019 - Page 71 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A I P P March 4, 2019 Meeting Minutes
AT TAC H ME N TS:
Description
AIP P March 4, 2019 Meeting Minutes
April 16, 2019 - Page 72 of 76
Public Notice - Art in Public Places Board Meeting Minutes
Monday, March 4, 2019 - 8:30 a.m.
Town Council Chambers
AIPP Board members present: Susan Bristol, Patricia Donovan, Julie Hansen, Kathy Langenwalter, Bill
Pierce, Margaret Rogers, Kara Woods
AIPP Board members absent:
Others present: Molly Eppard, AIPP Coordinator, Pat Milbery & Pedro Barrios - artists
1. Roll call and approval of minutes from February 4th meeting.
2. Citizen input.
3. VMS Senior Project Internship with AIPP
Molly informs the Board of her meetings with Ava Cunningham whom she will be mentoring for her senior
project at VMS. She will assist Molly with a few projects including: research, writing, and publicity of summer
installations and programs. Ava will be attending Colorado College in the fall. Ava will assist outlining future
Senior Project mentorships with AIPP. She will also present her own public art project before the Board
following the parameters set forth by AIPP for RFQ’s & RFP’s as a part of her senior project.
4. Summer Mural Programming Update
Molly shares proposals submitted from Kelsey Montague after having provided the dimensions of the space.
These are ideas and concepts for AIPP’s consideration for Vail’s mural. Today Molly is asking for feedback
from the Board. She reminds them we told Kelsey to feel free to make presentations beyond her “wing”
imagery. We want Kelsey to have the freedom to present what inspires her for our location, space, and social
engagement. The Board responds positively to the images with more interest in the use of vibrant color. They
are very complimentary as to what has been presented. They respond to the movement in the swing
installation. The Board comments the mural will be great way-finding for this entrance to the structure. Susan
comments that flowers are an integral part of our summers and will be uplifting during the long winters. They
also comment that they like how it carries over into the other walls. Molly also met with facilities to review the
walls for murals. They were in agreement to the materials she is proposing. We hope it will be on view for
several years. She will be creating at the end of June, so we should be good with the temperatures. Molly
would like to look at ancillary programs when she is in town. We are already getting media requests. Molly
informs the Board about a meeting with Pat Milbery which was helpful in reviewing the potential locations for
the murals. She would like the Board to revisit one of the locations in the Main Vail structure as it does see
quite a bit of foot traffic. Hopefully after the onsite visit later in the meeting with Pat and Pedro Barrios, we will
have a better idea of spaces, visibility, budget, and timeline.
5. Coordinator Updates
Stephen’s Park Renovation Update – on-site visit with Ben & the design team feels good about the
direction after this initial meeting.
Art Space update. VRD needs to remove contents before HTA can do measurements.
Red Sandstone Garage Public Art Update – working on logistics and schedule for installation.
Community Meeting – March 12th – 4:30 p.m.
April 16, 2019 - Page 73 of 76
6. Site visit to mural locations with artists Pat Milbery and Pedro Barrios @ 9:00 a.m. LH Welcome
Center
The Board reviews the various mural locations with Pat and Pedro. The artists discuss logistics associated with
the sites and also best visibility. The Board agrees the main Vail structure corridor is highly visible. They would
like to see the corridor cleaned up in general and to address lighting issues, especially if AIPP is going to
invest in a mural installation. Pedro comments that the two vents closest to the sidewalk are more visible than
the three further north. He thinks it could be an interesting canvas. The Board thanks Pat and Pedro for taking
the time to meet on site and comment it is helpful in visualizing the spaces. They ask the artists to develop a
budget for the various locations discussed.
7. Meeting adjourned.
April 16, 2019 - Page 74 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(e) - to discuss the
purchase, acquisition, lease, transfer, or sale of property interests; to determine positions, develop
a strategy and instruct negotiators, Regarding: potential real property acquisition; 2) C.R.S. §24-6-
402(4)(b) - to receive legal advice on specific legal questions.
P RE S E NT E R(S ): Matt Mire, Town Attorney
April 16, 2019 - Page 75 of 76
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Recess 5:10 pm (estimate)
April 16, 2019 - Page 76 of 76