HomeMy WebLinkAbout2020-07-21 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Virtual
6:00 P M, July 21, 2020
Meeting to be held Virtually (access High Five Access Media
livestream https://www.highfivemedia.org/live-five the day of
the meeting and visit https://www.vailgov.com/town-council to
participate in public comment)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
2.Any action as a result of executive session
3.Consent Agenda (5 min.)
3.1.J une 2, 2020 Town Council Meeting Minutes
3.2.J une 16, 2020 Town Council Meeting Minutes
3.3.Gore Valley Trail Contract Award
Background: On April 21, 2020 presented preliminary design options for the
realignment of the Gore Valley Trail through the Lionshead Ski Base area.
Council selected a preferred option and directed staff to return with a
proposal for final design and construction documents. Otak has provided a
final proposal for the work in the amount of $172,000.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement, in a form approved by the Town Attorney, with Otak to complete
the final design and construction documents for the realignment of the Gore
Valley Trail through the Lionshead Ski Base area in the amount not to
exceed $172,000.00.
4.Town Manager Report (15 min.)
4.1.Altair and Homestake Units Update (no material - verbal only)
4.2.Community Picnics (no material - verbal only)
July 21, 2020 - Page 1 of 89
4.3.Designated Open Space Board Of Trustees Update (no material - verbal
only)
5.Presentations / Discussion
5.1.Public I nput on draft Memo of Understanding Prepared to I mplement
Alternative Housing Sites I nitiative
90 min.
Presenter(s): Scott Robson, Town Manager, Dave Chapin, Mayor
Action Requested of Council: Public I nput Session only.
Background: The Vail Town Council is inviting community members to offer
public comment on a draft memorandum of understanding document that
outlines a series of steps between the town, Vail Resorts and Triumph
Development that will determine future ownership and use of the Booth
Heights property in East Vail while addressing the community priorities of
housing and wildlife protection.
6.Action Items
6.1.Ordinance No. 8, Series 2020, Frist Reading, An Ordinance Making
Adjustments to the Town of Vail General Fund.
5 min.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve or approve with amendments
Ordinance No. 8, Series 2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 8, Series 2020.
7.Adjournment
7.1.Adjournment 9:00 pm (estimate)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
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P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
July 21, 2020 - Page 2 of 89
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: J une 2, 2020 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
June 2, 2020 Town Council Meeting Minutes
July 21, 2020 - Page 3 of 89
Town Council Meeting Minutes of June 2, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, June 2, 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held with virtual access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar (joined virtually via Zoom)
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was no public comment.
Foley offered condolences to the families of Connie Knight and Wolf Mueller, who recently
passed away. Both were long time locals.
2. Consent Agenda
2.1. Resolution No. 20, Series of 2020, A Resolution approving a Care Act Grant, Phase
I Contract with the Colorado Department of Transportation
Background: This is the first of two CDOT grants that are a part of the Federal CARES Act. It is
designed to help fund transit operating and administrative costs to mitigate the impact of the
COVID 19 response
Foley made a motion to approve Resolution No. 20, Series of 2020; Coggin seconded the
motion passed (7-0).
2.2. Resolution No. 21, Series 2020, A Resolution approving a Contract Letter, a
Trench, Conduit, and Vault Agreement, and an Underground Right-of-Way Easement with
Holy Cross Energy
Background: The Town received a federal grant to upgrade the power at the Public Works
facilities in order to accommodate the power needs of charging stations for electric buses. In
order to move forward with the work the town must contract with Holy Cross Energy (HCE),
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Town Council Meeting Minutes of June 2, 2020 Page 2
expand the existing Holy Cross Energy easement, and enter into a Trench, Vault, and Conduit
Agreement with HCE.
Staff Recommendation: Staff recommends that the Town Council approves the Town Manger to
enter into a contract with HCE, approves the expansion of the HCE easement, and approves
the Holy Cross Energy Trench, Conduit and Vault Agreement by approving Resolution No. 21
Series 2020.
Foley made a motion to approve Resolution No. 21, Series of 2020; Coggin seconded the
motion passed (7-0).
2.3. Resolution No. 22, Series of 2020, A Resolution Approving an Amended Operating
Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2020
Through December 31, 2020.
Background: See attached memo.
Staff Recommendation: Approve, approved with amendments or deny Resolution No. 22, Series
of 2020.
Foley made a motion to approve Resolution No. 22, Series of 2020; Coggin seconded the
motion passed (7-0).
2.4. Resolution No. 23, Series 2020, a Resolution approving a Revocable License
Agreement with the Colorado Department of Transportation for the Construction and
Maintenance of a Deer Fence
Background: CDOT is in the process of improving the wildlife fence in Dowd Junction as a part
of the on-going asphalt overlay project. In order to make these wildlife fence improvements
CDOT is requesting to install wildlife fence within town property in Dowd Junction and receive a
Revocable License Agreement to install and maintain it.
Staff Recommendation: Approve Resolution No. 23, Series 2020 - CDOT Wildlife fencing
Revocable License Agreement
Foley made a motion to approve Resolution No. 23, Series of 2020; Coggin seconded the
motion passed (7-0).
2.5. Resolution No. 24, Series of 2020, A Resolution of the Town Council Extending the
Declaration of a Local Disaster Emergency
2.6. Forethought Fiber Optic Utility Easement
Background: Forethought, a fiber optic network provider, is requesting to install underground
fiber optic cable to the Antler’s Hotel across town property in Lionshead.
Staff Recommendation: Approve Fiber Optic Utility Easement
Foley made a motion to approve Resolution No. 24, Series of 2020; Coggin seconded the
motion passed (7-0).
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Town Council Meeting Minutes of June 2, 2020 Page 3
2.7. Vail America Days Agreement for Event Funding
Background: Highline Sports and Entertainment has been awarded $67,500 to produce the Vail
America Days activities including the American Days Parade. This years parade will be
operated in a new and creative way to support social distancing practices. Highline Sports and
Entertainment has already been working in good faith on the planning of the annual July 4th
event.
Staff Recommendation: Approve the Town Manager to enter into an agreement on a form
approved by the Town Attorney, with Highline Sports and Entertainment for the production of
Vail America Days in an amount not to exceed $67,500.
Foley made a motion to authorize the Town Manager to enter into an agreement with Highline
Sports and Entertainment not to exceed $67,500; Coggin seconded the motion passed (7-0).
3. Town Manager Report
There was no report from the Town Manager.
Mayor Chapin noted the afternoon meeting ran late and there were a few afternoon agenda
items which council did not get the opportunity to discuss. Those agenda items were quickly
presented:
• DRB/PEC Update
Council had no call ups.
• Matters from Mayor, Council and Committee Reports
▪ Stockmar complemented community members for a peaceful Black Lives Matter
march over the weekend. He also expressed concern of a significant economic
recession.
▪ Foley complimented the library staff for helping patrons with materials pick up and
other services the library has provided during COVID-19. Additionally, Foley asked
staff to provide follow ups to questions that have been emailed to Council regarding
sensitivity training by PD, summer parking & conflict of interest rules for council.
Robson stated staff had recommended suspending paid overnight parking for the
summer in the structures due to reduced volume of visitors and payroll costs. Staff
would be ready to provide more information on other topics at upcoming meetings.
▪ Langmaid noted her participation in a quarterly meeting of the Climate Action
Collaborative. Transportation had replaced buildings as being the biggest local
contributors of greenhouse gases.
▪ Chapin inquired when the temporary East Vail wildlife fence would be coming down.
He also shared a suggestion from a resident to implement a bicycle dismount zone in
Vail Village.
▪ Bruno asked for an update on the 106 lawsuit challenging approval of the Booth
Heights development at the next meeting. She suggested scheduling a work session
to discuss the inventory of houses in the community. She also suggested the idea of
a hammock garden - might be a great way to social distance and create an
interesting spot in the village.
▪ Mason thanked the Public Works crew and the entire community for doing all they
can to create a safe and vibrant place.
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Town Council Meeting Minutes of June 2, 2020 Page 4
▪ Coggin inquired about ways to improve the wetlands area near the mini golf area in
Lionshead. He also expressed concern about the town's process to address
encroachment requests.
▪ Council noted for people to be aware there is a mother moose and baby moose in
the Lionshead area
4. Action Items
4.1. First Reading of Ordinance No. 7, Series 2020, an Ordinance making adjustments
to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Marketing Fund, Dispatch Services Fund,
and Heavy Equipment Fund
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2020.
Smith presented an overview of Ordinance No. 7, Series of 2020. Smith stated the majority of
the supplemental was a reflection of budget impacts for the “Crisis” phase of the town’s
recession plan in response to COVID-19. In this phase the town’s revenues are projected to
drop a total of $15.3 million, or a 21% percent reduction from the original budget.
✓ General Fund: would be adjusted by a decrease of $5,101,319, offset by $1,347,000 in
Transit CARES grant proceeds and expenditure reductions of $1,895,319. Staff was also
proposing to use $2.0M of reserves. The adjustments would result in net deficit of $6.5
million and an estimated ending fund balance of $29.8 million, or 68% of normal annual
revenue streams. Smith noted Council’s directive was a minimum of 35% reserve
balance.
✓ Marketing Fund: staff proposed an estimated 30% ($864,365) reduction in spending on
special events across both the Commission on Special Events and Council funded
events. Staff was working with event producers to reassess opportunities for newly
imagined ways to draw visitation within the guidelines of public health orders. Smith
noted events would be reassessed based on estimated in-town visitation, enhanced
guest experience and the projected sales and lodging tax revenue to be generated.
Council expressed concern on the 30% reduction. Smith reassured the dollars would still be
used towards promoting economic development within the villages.
✓ Capital Projects Funds: The Capital Projects Fund reflects a decrease in sales tax of
$1,888,000 from the amended budget. This was a total decrease in sales tax revenue of
$5,463,000 under the “Crisis” level of the town’s recession plan. The adjustments
resulted in an estimated ending fund balance of $23.8 million.
✓ Real Estate Transfer Tax Fund: Smith reviewed the reductions in the RETT fund which
included $195,848 in salary and benefits in the environmental and parks departments for
staffing vacancies and reduced summer seasonal services. The adjustments resulted in
an estimated ending fund balance of $11.5 million.
✓ Heavy Equipment Fund: will reflect fuel savings of $17,050 from the reduction of
summer bus service. These savings will be offset by a decrease in the interfund agency
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Town Council Meeting Minutes of June 2, 2020 Page 5
transfer from the General Fund. The Heavy Equipment Fund will also reflect savings of
$83,135 from vehicle purchases ($20,835) and deferring the replacement of trailer
($62,300) until 2021. The adjustments resulted in an estimated ending fund balance of
$1.8 million.
There was no public comment.
Council had no further comments.
Foley made a motion to approve Ordinance No. 7, Series of 2020 upon first reading; Coggin
seconded the motion passed (7-0).
5. Public Hearings
5.1. Ordinance No. 2, Series of 2020, First Reading, An ordinance for the rezoning of a
portion of the property located at 366 Hanson Ranch Road/Lot 1, 366 Hanson Ranch
Road Subdivision. The proposed rezoning would change the Zone District from
Agriculture and Open Space (A) District to the Public Accommodation (PA) District and
setting forth details in regard thereto. (PEC19-0022)
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 2, Series of 2020, upon first reading.
Background: The applicant, VailPoint LLC, represented by Sarah J Baker PC., is requesting a
zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code,
to allow for the rezoning of a portion of the property located at 366 Hanson Ranch Road/Lot 1,
366 Hanson Ranch Road Subdivision. The proposed rezoning would change the Zone District
from Agriculture and Open Space (A) District to the Public Accommodation (PA) District.
Staff Recommendation: The Planning and Environmental Commission held a public heari ng on
the zone district boundary amendment on March 9, 2020 where a recommendation for approval
was forwarded to the Vail Town Council by a vote of 4-2 (Gillette and Perez opposed).
Stockmar recused himself from this item after discussion with the Town Attorney.
Spence provided a brief history on the zoning of the property and background on the PEC
meetings regarding the application. Additionally, Spence noted he would not being reviewing the
criteria with council but asked if they had any questions. There were none.
Sarah Baker, representing VailPoint LLC the applicant, clarified this was the first time this
zoning application had come before council. Baker reviewed the size of the lot and the fenced
area of 366 Hanson Ranch Road compared to other Vail properties with the similar lot sizes and
the type of business that have operated on those properties. Baker stated the fence had been
on the property since 1968 and that the property had never been used as open space or a play
area for children since it was part of the residence on the property. Baker went onto to review
the permitted uses and the Town’s definition of open space per code and why 366 Hanson
Ranch Road did not fall under that definition. The existing non-conformities were reviewed such
as setbacks and permitted uses. Baker stated the rezoning being requested would help bring
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Town Council Meeting Minutes of June 2, 2020 Page 6
the property up to code requirements. Baker went onto review the options council have if the
zoning was approved or denied. Additionally, Baker felt criteria had been meant for this
application and requested council approve the application.
Council asked Baker about the covenants. Baker reviewed the covenants stating they were
originally put in place in the 60’s and amended in the late 70’s and amended in 1984 again.
She stated the covenants had been ignored and violated throughout the village and not
enforced and may not be effective any longer. Council questioned the adverse possession case
and if there was a review of the Town’s documents regarding the property. Baker stated that
staff and she have done a significant reviewed and research of the property. No application,
commitment or minutes are found in Town records regarding the property. The property was
there prior to the creation of the Town. Council asked Spence if there were anything in the
applicant’s presentation he would like to clarify. Spence stated Open Space was not a definition
in Town Code but in high designation in the Town Charter ensuring property that achieves that
designation can only be changed or altered by a vote of the Vail residents. Overall Spence did
agree with the difficulties of a multi-zoned parcel. Council asked the Town Attorney to confirm
covenants and zoning are different things. Mire confirmed the covenants do deal with
improvements within certain tracts and the Town was a beneficiary to some of those covenants.
None of the covenants bare to what was being discussed tonight. Council also asked Mire to
explain what “deem applicable” was in criteria 8 of the staff memo. Mire explained what council
would be irrelevant to this zoning application.
Public Comment was called.
Wendell Porterfield, on behalf of the Tivoli and other surrounding properties, felt the convents
did have standing. Porterfield stated the protective covenants applied to certain tracts. The
1984 amended covenants stated tract E was to be open area and not build into tract E and
argued the covenants were enforceable.
Tracy Kinsella, Garfield and Hecht, representing Michael and Elizabeth Galvin, opposing the
zoning changes. Kinsella, showed an aerial of the area and showing green space band and
the protective covenants. Demonstrating the open area. Kinsella also recited the covenants
and clauses on tract E and open area.
Jim Stovall, representing owners of 302 Mill Creek Circle, Williams family, request council deny
the applicant. The argued the adverse ownership and that the covenants were abandoned.
The open are was a covenant restriction that could be ignored and ran with the land.
Carol Krueger, family owned property that overlooks tract E, covenants could not be ignored
and the goal of the covenants. Krueger felt the criteria was not met and council must deny the
application.
Greg Perkins, representing Galvin family, asked council to enforce the covenants at minimum
causes criteria 1 and 2 to fail. There were other zoning options then what the applicant
presented and other zone districts should be investigated prior to granting this application.
Public comment was closed.
Baker addressed the public comments. Gaining GRFA was not true. Yes, there were other
zoning district options such as residential.
Coggin and Bruno both stated on the record they felt the applicant met all criteria.
Mason did not believe criteria 4 and 5 were met.
Langmaid did not believe criteria 1, 4 and 5 were met.
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Town Council Meeting Minutes of June 2, 2020 Page 7
Foley also did not believe criteria 1, 4, 5 and 8 were met.
Chapin felt the criteria was met.
Bruno made a motion to approves, on first reading, Ordinance No. 2, Series of 2020, an
ordinance for the rezoning of a portion of the property located at 366 Hanson Ranch Road/Lot 1,
366 Hanson Ranch Road Subdivision. The proposed rezoning would change the Zone District
from Agriculture and Open Space (A) District to the Public Accommodation (PA) District and
setting forth details in regard thereto; Coggin seconded the motion was tied and failed (3-3).
5.2. Ordinance No. 3, Series of 2020, First Reading, An Ordinance for a Zone District
Boundary Amendment, Pursuant to Section 12-3-7, Amendment Vail Town Code, to Allow
for a Rezoning of Tract C, Lot 1, Lot 2, and Lot Vail Das Schone Filing No. 1 and Lot 1,
Vail Das Schone Filing 3; The Rezoning will Change the Zone District from Commercial
Core 3 (CC3) to the Public Accommodation 2 (PA-2) District
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve, Approve with Conditions, or Deny Ordinance No. 3,
Series of 2020 - First Reading
Background: The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello Planning
Group and Triumph Development, is requesting approval of Ordinance No. 3, Series of 2020 an
ordinance for a zone district boundary amendment, pursuant to Section12-3-7, Amendment, Vail
Town code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing
No. 1 and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone district from
Community Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District.
Staff Recommendation: The Planning and Environmental Commission held a public hearing on
the proposed Zone District Boundary Amendment on April 13, 2020 where a recommendation
for approval was forwarded to the Vail Town Council by a vote of 6-1-0 (Gillette opposed).
Roy provided a quick overview of the application and reason for the rezoning request. The
Planning and Environmental Commission held a public hearing on the proposed Zone District
Boundary Amendment on April 13, 2020 where a recommendation for approval was forwarded
to the Vail Town Council by a vote of 6-1-0.
Dominick Mauriello, representing the applicant TNFREF III, stated he would be presenting on
Ordinance No. 3 and the next agenda item Ordinance No. 4 regarding the special district as one
presentation. Mire stated the presentation was fine but both agenda items have public
comment. Mauriello reviewed what rezoning the property to Public Accommodation 2 would
accomplish:
✓ Allows the hotel to be a conforming use
✓ Allows hotel rooms
✓ Allows limited service lodge units
✓ Resolves density and GRFA issues
✓ Brings existing height closer to compliance
An overview of the current hotel and amenities were also reviewed. Mauriello stated the
redevelopment team agreed with the public comment that had been received regarding the
green/blue roof and the roof was going to be changed. The redevelopment would bring:
✓ 79 new hotel rooms
✓ 15 employee housing units with 1-3 bedrooms
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Town Council Meeting Minutes of June 2, 2020 Page 8
✓ 3,950 sq. ft. of new meeting room space
✓ Restaurant remain the same
✓ New 6’ wide sidewalk along Chamonix
✓ New landscape areas
✓ Stairway from Chamonix to parking lot for employees
✓ Pedestrian easement along east property line to align with any future redevelopment of
parcel to the east
Height and character of the neighborhood was reviewed along with view changes for neighbors
that are behind the hotel.
Council asked about shading on Chamonix and the icy conditions that may occur in that area.
Mauriello stated the development had mitigated that as much as they could but the change in
the façade and heated sidewalk, but there would be some shade impact.
Public comment was called.
Mike Spears, resident, spoke to the height of the project. The majority of the building height is
36’ and did not agree with Mauriello’s view of the character of the neighborhood. Spears noted
there wasn’t anything close to that height in the area.
Elise Howard, resident, expressed support for both the rezoning and the SDD. Housing is very
important and the development proposal was too great to pass up.
Tanya Boyd, resident, lives directly behind the hotel and would be directly affected by the height
of the redevelopment. She expressed concern on very little sunlight and shade.
Chris Romer, Vail Valley Partnership, expressed support of both the rezoning and SDD. This
was a no brainer stated Romer.
Pat Lauer, resident, been involved since the beginning. Lauer felt there was misrepresentation
by the developer such as photos being at ground level. The density of 782 people would really
impact the neighborhood with vehicle traffic. Chamonix road currently was icy but blocking the
sun even more would make the street dangerous. Lauer additionally expressed concern
regarding snow removal, snow storage area and bus service impacts.
Alison Wadey, Vail Chambers representative, expressed support for both the rezoning and the
SDD.
Steve Lindstrom, Vail Local Housing Authority representative, expressed support for the project.
Public comment was closed.
Mauriello stated the majority of the concerns were more about the EHU building and more
towards the SDD and not the rezoning.
There was no further questions from council.
Bruno made a motion approve on first reading, Ordinance No. 3, Series of 2020 an ordinance
for a zone district boundary amendment, pursuant to Section12-3-7, Amendment, Vail Town
code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1
and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone district from Community
Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District; Coggin seconded the
motion (7-0)
5.3. Ordinance No. 4, Series of 2020, First Reading, An Ordinance Creating Special
Development District No, 42, Highline Doubletree, Pursuant to Article A, Special
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Town Council Meeting Minutes of June 2, 2020 Page 9
Development District, Chapter 9, Title 12, Zoning Regulations, Vail Town Code, and
Setting Forth Details in Regard Thereto.
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve, Approve with Conditions, or Deny Ordinance No. 4,
Series of 2020 - First Reading
Background: The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello Planning
Group and Triumph Development, is requesting a recommendation to the Vail Town Council for
approval of a Special Development District, pursuant to Section 12-9-A, Special Development
(SDD) District, Vail Town Code, located at the property of 2211 N. Frontage Road West, which
is comprised of Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das
Schone Filing 3.
Staff Recommendation: The Planning and Environmental Commission held a public hearing on
the proposed SDD on April 13, 2020 where a recommendation for approval was forwarded to
the Vail Town Council by a vote of 4-3 (Gillette, Kjesbo, and Pratt opposed).
Roy provided a quick overview of Ordinance No. 4, Series of 2020, a Special
Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail
Town Code, located at the property of 2211 N. Frontage Road West, which is comprised of
Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone
Filing 3. Roy provided the benefits of the SDD which was also presented by the applicant
during the previous presentation for Ordinance No. 3, Series of 2020.
Mauriello, representing the applicant TNFREF lll Bravo Vail LLC, provided the presentation
for the SDD with the presentation for Ordinance No. 3, 2020.
Council asked if the developer had looked at changing the EHU orientation to run
north/south. Mauriello stated they had and there would be loss of parking and do not
believe it would work. Mauriello questioned if it would violate fire code due to narrow turn.
Mauriello spoke to the height of the building stating the height along Chamonix Ln. varied
from 20 ft eve façade to about 34 ft façade height. The back of the building that was 4
stories façade does come closer to 48ft height limit.
Stockmar questioned some of the criteria being met on 1, 2, 3, 5, 6, 7 and 9 and would like
more information at the second reading.
Foley expressed concern on icy roads and sidewalks, parking, and 3 stories on the
Chamonix side seemed too much
Bruno thanked the developer for coming with a project with employee housing.
Mason also thanked the developer for what they are doing but would like to see something
different on the EHU.
Langmaid expressed concern on the height of the EHU.
Bruno made a motion to approve, with conditions, on first reading, Ordinance No. 4, Series
of 2020 an ordinance creating special development district No.42, Highline Double Tree,
pursuant to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning
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Town Council Meeting Minutes of June 2, 2020 Page 10
Regulations, Vail Town Code, and setting forth details in regard thereto with the PEC
conditions listed in the staff memorandum; Coggin seconded the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 9:30
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
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I T E M /T O P I C: J une 16, 2020 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
June 16, 2020 Town Council Meeting Minutes
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Town Council Meeting Minutes of June 16, 2020 Page 1
Vail Town Council Meeting Minutes
Tuesday, June 16, 2020
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
There was none
2. Proclamations
2.1. Proclamation No. 4 Series of 2020, 50th Anniversary of the Vail Rotary Club
Presenter(s): Penny Wilson, Vail Rotary Club President and Jason Denhart, Vail Rotary Club
Member
Each council member took turns reading Proclamation No. 4, Series of 2020 recitals into the
record.
3. Any action as a result of executive session
There was none.
4. Consent Agenda
4.1. Resolution No. 26 Series of 2020 A Resolution Authorizing the town Manager to
Execute a Bill of Sale Accepting Certain Improvements Existing on Lot 3 Middle Creek
Village on Behalf of the Town of Vail
Langmaid made a motion to approve Resolution No. 26, Series of 2020; Coggin seconded the
motion passed (7-0).
July 21, 2020 - Page 15 of 89
Town Council Meeting Minutes of June 16, 2020 Page 2
4.2. Resolution No. 27, Series of 2020, A Resolution of the Vail Town Council
Extending the Declaration of a Local Disaster Emergency
Langmaid made a motion to approve Resolution No. 27, Series of 2020; Mason seconded the
motion passed (6-0*Coggin was not present during vote).
4.3. Resolution No. 28, Series of 2020, A Resolution Approving an Amendment to an
Intergovernmental Agreement Between the Town of Vail and the Colorado Department of
Transportation Regarding the Construction of a Berm
Langmaid made a motion to approve Resolution No. 28, Series of 2020; Foley seconded the
motion passed (6-0*Coggin was not present during vote).
4.4. Resolution No. 29, Series of 2020, A Resolution Approving A Collaboration
Agreement Regarding Disbursement of Coronavirus Aid, Relief and Economic Security
Act Funds to County and Local Governments Between Eagle County and the Towns of
Avon, Basalt, Eagle, Gypsum, Minturn, Red Cliff, and Vail in the State of Colorado
Langmaid made a motion to approve Resolution No. 29, Series of 2020; Foley seconded the
motion passed (7-0).
4.5. Agreement with Intergraph Corporation, dba Hexagon Public Safety and
Infrastructure (for Computer Aided Dispatch System Upgrades)
Background: Intergraph Corporation, dba Hexagon Public Safety and Infrastructure has
provided the Town a proposal to upgrade the Computer Aided Dispatch System (CAD). The
project was budgeted and will be paid from the Dispatch Fund.
Staff Recommendation: Authorize the Town Manager to accept the proposal from Intergraph
Corporation dba Hexagon Public Safety and Infrastructure, to upgrade our CAD system for an
amount not to exceed $360 K.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with
Hexagon Public Safety and Infrastructure in an amount not to exceed $360,000; Foley
seconded the motion passed (7-0).
5. Town Manager Report
5.1. Wildlife Habitat Improvement Update
Robson provided an update on the wildlife habitat improvement project. The town is progressing
on an MOU with USFS on fuels reduction Environmental Assessment for 4,500 acres in East
Vail. Additionally, the temporary wildlife fence is coming down that has been used to keep
bighorn sheep off the Frontage Road and I-70. Planning work will begin on a permanent fence
in partnership with CDOT.
5.2. Wildlife Fencing in East Vail Update
July 21, 2020 - Page 16 of 89
Town Council Meeting Minutes of June 16, 2020 Page 3
Robson shared the West Vail Master Plan Process was kicking off with information available on
http://EngageVail.com. A 15-member voluntary advisory committee had been appointed and
would hold its first meeting this week. Mason will serve on behalf of Town Council.
6. Public Hearings
6.1. Ordinance No. 3, Series of 2020, Second Reading, Rezoning 2211 N. Frontage
Road
Presenter(s): Greg Roy, Planner
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 3, Series of 2020, upon second reading.
Background: The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello
Planning Group and Triumph Development, is requesting approval of Ordinan ce No. 3, Series of
2020 an ordinance for a zone district boundary amendment, pursuant to Section12-3-7,
Amendment, Vail Town code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das
Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone
district from Community Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District.
Staff Recommendation: The Town Council held a public hearing on the proposed Zone District
Boundary Amendment on June 2, 2020 where Town Council approved Ordinance No. 3 on first
reading with a vote of 7-0.
Roy provided council a brief overview of Ordinance No. 4, Series of 2020 stating there were no
changes since second reading.
Mauriello, representing the applicant TNFREF lll Bravo Vail LLC, had no additional information
to provide since the first reading on June 2, 2020.
Council had no questions for staff or the applicant.
There was no public comment.
Bruno made a motion to approve, on second reading, Ordinance No. 3, Series of 2020 an
ordinance for a zone district boundary amendment, pursuant to Section12 -3-7, Amendment, Vail
Town code, to allow for a rezoning for Tract C, Lot 1, Lot 2, and Lot 3 Vail Das Schone Filing
No. 1 and Lot 1, Vail Das Schone Filing 3; The rezoning will change the zone district from
Community Commercial 3 (CC3) to the Public Accommodation 2 (PA-2) District. Based upon the
review of the criteria outline in Section Vl of the Staff memorandum to the PEC dated April 13,
2020, and the evidence and testimony presented; Mason seconded the motion passed (7-0).
6.2. Ordinance No. 4, Series of 2020, Second Reading, An Ordinance Creating 20 min.
Special Development District No, 42, Highline Doubletree, Pursuant to
Article A, Special Development District, Chapter 9, Title 12, Zoning Regulations, Vail
Town Code, and Setting Forth Details in Regard Thereto
Presenter(s): Greg Roy, Planner
July 21, 2020 - Page 17 of 89
Town Council Meeting Minutes of June 16, 2020 Page 4
Action Requested of Council: Approve, Approve with Conditions, or Deny Ordinance No. 4,
Series of 2020 - Second Reading
Background: The applicant, TNFREF lll Bravo Vail LLC, represented by Mauriello Planning
Group and Triumph Development, is requesting the Vail Town Council approve Ordinance No.
4, Series of 2020 on second reading to establish Special Development District No. 42, Highline
Doubletree, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code,
located at the property of 2211 N. Frontage Road West, which is comprised of Tract C, Lot 1,
Lot 2, and Lot 3 Vail Das Schone Filing No. 1 and Lot 1, Vail Das Schone Filing 3.
Staff Recommendation: The Planning and Environmental Commission held a public hearing on
the proposed SDD on April 13, 2020 where a recommendation for approval was forwarded to
the Vail Town Council by a vote of 4-3 (Gillette, Kjesbo, and Pratt opposed).
Roy provided council a brief overview of Ordinance No. 4, Series of 2020 stating there were no
changes since second reading.
Mauriello, representing the applicant, presented on the rezoning and SDD. He started his
presentation by answering some of the concerns that were expressed during the first reading of
Ordinance No. 4, Series of 2020. Mauriello explained when reviewing reorienting the EHU on
the lot would violate fire code and limit parking and space. Additionally, changing from 4 stories
to 3 stories would eliminate several employee units. Each criteria was reviewed and Mauriello
demonstrated how each were being met. Mauriello showed the public benefits:
• Employee Housing
✓ Exceeding requirements
✓ 15 Unit EHU funded by a private developer
✓ No Town subsidy
✓ Onsite dormitory
• Pedestrian Access Easement
✓ Allows for future access
✓ Allows for greater community access
• Chamonix Sidewalk
✓ The only sidewalk in the neighborhood
Live Beds and Conference Space
• 79 new hotel room
• New conference space
• Revenue
• Redevelopment of Infill Site
• Public Art
• Sustainability
Council had no questions.
Public hearing was called
Elise Howard, resident, expressed support for this project. Felt it was very important to come
and reiterate her support for the development.
Chris Romer, Vail Valley Partnership, sent an email in support of the project.
Pat Lauer, resident, she stated concerning the SDD she did not be the capability criteria was
met. She questioned the height of building comparisons, icy conditions, parking and snow
storage.
July 21, 2020 - Page 18 of 89
Town Council Meeting Minutes of June 16, 2020 Page 5
Steve Lindstrom, Vail Local Housing Authority, expressed support for both the rezoning and
SDD.
Public comment was closed.
Mauriello responded to compatibility is based zoning allows and what could be built there. Just
because a building chooses to only be 1 story does not ensure it would always st ay 1 story
when they could build 2. Mauriello additionally stated the project would improve safety with the
addition of the sidewalk in that area.
Langmaid stated she appreciated the solar addition and the project meets all the criteria.
Stockmar stated he appreciated the developer answering the questions he had on June 2. He
felt there was room to approve parking but would not hold up the vote based on that issue. He
felt all criteria were met.
Bruno expressed disappointment for PEC reducing the number of EHUs. She felt all criteria
was met.
Coggin also felt criteria was met and thanked Mauriello for the presentation and changes.
Chapin thanked the developer for all the efforts and all criteria was met.
Mason agreed the criteria was met. She felt PEC did a great job.
Foley stated criteria 1, 3, 6, and 7 were met and for those reasons he would oppose the
ordinance.
Bruno made a motion approve, with conditions, on second reading, Ordinance No. 4, Series of
2020 an ordinance creating special development district No.42, Highline DoubleTree, pursuant
to Article A, Special Development (SDD) District, Chapter 9, Title 12, Zoning Regulations, Vail
Town Code, and setting forth details in regard thereto with the recommend PEC conditions in
staff memo; Coggin seconded the motion passed (6-1*Foley opposed)
6.3. Ordinance No. 7, Series of 2020, Second Reading, Ordinance making adjustments
to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund,
Marketing Fund, Dispatch Services Fund,
and Heavy Equipment Fund
Presenter(s): Carlie Smith, Financial Service Manager
Action Requested of Council: Approve or approve with amendments Ordinance No. 7, Series
2020.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance No. 7, Series 2020.
Smith presented an overview of Ordinance No. 7, Series of 2020 stating there were only a few
changes since the first reading:
• Decreased budgeted parking revenues by $150,000 to reflect the decision for free
overnight parking during the summer
• refined personnel savings adjustments. As a result, a total of $709,000 in reductions is
reflected in this budget supplemental from an additional $44,000 of salary and benefit
savings that was identified and is reflected at the crisis level. Smith noted across all
July 21, 2020 - Page 19 of 89
Town Council Meeting Minutes of June 16, 2020 Page 6
recession plan phases, personnel expenses are budgeted at a $1.5M decrease from the
original 2020 budget.
• A 30% reduction in special event funding is a placeholder in the budget (both
Commission on Special Events and Council-funded events), staff is actively working with
event producers to reassess opportunities for newly imagined ways to draw visitation
within the guidelines of public health orders.
The adjustments resulted in net deficit of $6.5 million and an estimated ending fund balance of
$29.8 million, or 68% of normal annual revenue streams. Council’s directive is a minimum of
35% reserve balance.
Vlaar, provided council an overview of the major summer events that had been reinvented due
to COCID-19 and the funding that would go towards those events. Vlaar reassured council
COVID-19 health recommendations would be followed during those events.
There was no public comment.
Foley made a motion to approve Ordinance No. 7, Series of2020 on seconded reading; Mason
seconded the motion passed (7-0).
Foley made a motion to recess into executive session pursuant to 1) C.R.S. §24-6-402(4)(b) - to
receive legal advice on specific legal questions; regarding: pending litigation, Delponte v. Town
of Vail and Essin et al. v. Town of Vail; 2) C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on
specific legal questions; and to determine positions, develop a strategy and instruct negotiators,
regarding: MOU between the Town of Vail, Vail Resorts, and Triumph development regarding
the Booth Heights development; Coggin seconded the motion passed (7-0).
Matt Mire, Town Attorney, clarified although the executive session was not on the evening
agenda that this was an extension to complete the afternoon executive session.
There being no further business to come before the council, Foley moved to adjourn the
meeting; Langmaid seconded the motion which passed (7-0) and the meeting adjourned at 8:42
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
July 21, 2020 - Page 20 of 89
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: Gore Valley Trail Contract Award
B AC K G RO UND: On A pril 21, 2020 presented preliminary design options for the realignment of
the Gore Valley Trail through the L ionshead Ski Base area. Council selected a preferred option
and directed staff to return with a proposal for final design and construction documents. Otak has
provided a final proposal for the work in the amount of $172,000.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a
form approved by the Town A ttorney, with Otak to complete the final design and construction
documents for the realignment of the Gore Valley Trail through the L ionshead S ki B ase area in the
amount not to exceed $172,000.00.
AT TAC H ME N TS:
Description
Memorandum
July 21, 2020 - Page 21 of 89
To: Town Council
From: Public Works
Date: 7/21/20
Subject: Gore Valley Trail Realignment Final Design Contract Award
I. ITEM/TOPIC
Award of a consultant contract to perform final design and construction documents for the
realignment of the Gore Valley Trail through the Lionshead Ski Base area.
II. ACTION REQUESTED OF COUNCIL
Staff requests the Council authorize the Town Manager to enter into a Professional Services
Agreement with Otak in the amount of $172,000 for the final design and construction documents
for the realignment of the Gore Valley Trail through the Lionshead Ski Base area.
III. BACKGROUND
On April 21, 2020 staff and a representative from Otak presented preliminary design options for
the realignment of the Gore Valley Trail through the Lionshead Ski Base area. At that time the
Council selected an articulated bridge design to pass beneath the lift cables and an option to
reduce the grade of the trail west of the skier bridge. Staff provided an estimated cost for final
design and construction documents in the amount of approximately $200K. Council directed
staff to proceed with a presentation to the Planning and Environmental Commission and return
with a proposal for final design and construction documents. Otak has provided a final proposal
for the work in the amount of $172,000.
The construction schedule for this project has not been determined. Vail Resorts intends to
remain a funding partner and will discuss the project in its capital project budget process later
this year. The intention is to make the project “shovel ready” for the time that funding becomes
available.
IV. STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Otak to complete the final design and construction documents for the realignment
of the Gore Valley Trail through the Lionshead Ski Base area in the amount not to exceed
$172,000.00.
July 21, 2020 - Page 22 of 89
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 ltair and Homestake Units Update (no material - verbal only)
July 21, 2020 - Page 23 of 89
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: Community P icnics (no material - verbal only)
July 21, 2020 - Page 24 of 89
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: Designated Open Space B oard Of Trustees Update (no material - verbal only)
July 21, 2020 - Page 25 of 89
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: Public I nput on draft Memo of Understanding Prepared to I mplement A lternative
Housing Sites I nitiative
P RE S E NT E R(S ): S cott Robson, Town Manager, Dave Chapin, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Public I nput Session only.
B AC K G RO UND: The Vail Town Council is inviting community members to offer public comment
on a draft memorandum of understanding document that outlines a series of steps between the
town, Vail Resorts and Triumph Development that will determine future ownership and use of the
B ooth Heights property in E ast Vail while addressing the community priorities of housing and
wildlife protection.
AT TAC H ME N TS:
Description
MO U Presentation
Alternative Housing Site Initiative MO U
MO U Exhibit A
MO U Emails to Council 0721
July 21, 2020 - Page 26 of 89
To: Vail Town Council
From: George Ruther, Housing Director
Date: July 7, 2020
Re: Vail Town Council’s Alternate Housing Site Initiative – Memorandum of Understanding
Presentation
1. SUMMARY
The purpose of this memorandum is to present a copy of the Memorandum of Understanding
(MOU) prepared for the Vail Town Council’s Alternate Housing Site Initiative. This MOU would
be a non-binding agreement by and between the Town of Vail, Triumph Development, and Vail
Resorts and shall serve to outline the terms and details of an understanding between the
partners which includes a mutual acknowledgement of each partners’ expectations, obligations,
responsibilities with regard to a plan to pursue an alternate path to achieving the Town’s
adopted housing and environmental stewardship goals. This MOU is intended to be a deliberate
step towards executing more formal, legally binding agreements along the path, by and between
the partners.
A copy of the Memorandum of Understanding has been attached for reference.
2. BACKGROUND
On January 16, 2020, Vail Mayor Dave Chapin announced that the Town of Vail had
approached representatives from Vail Resorts and Triumph Development with the objective of
exploring an alternate approach to the Booth Heights development approved for East Vail. In
doing so, it was acknowledged that the desire of the Town was to pursue a win-win outcome
that achieved an equitable balance between the adopted housing and environmental
stewardship goals. Since that time, the primary focus of the Town’s efforts has been on town-
owned properties where additional housing could be developed in the near term while ensuring
adequate time and opportunity to implement habitat enhancements on town-owned and USFS-
owned lands over the long term.
The Town has adopted goals and policies for maintaining and sustaining community in Vail
through the acquisition of new deed restrictions for housing and for wildlife habitat protection
and environmental stewardship. By design, the adopted goals and polices are intended to be
complimentary and supportive of one another. While priorities may differ from time to time, no
one single set of goals or policies is more important than another. Instead, it is well recognized,
a healthy balance amongst all the Town’s goals needs to be maintained.
The Town’s goals are adopted with achievement in mind. For that reason, when goals are
adopted, quantifiable measurements are established to track progress towards achieving the
July 21, 2020 - Page 27 of 89
Town of Vail Page 2
goal. In the instance of housing in Vail, the Vail Town Council and Vail Local Housing Authority
have established a measurable goal of acquiring 1,000 new deed restrictions by the year 2027.
As it pertains to wildlife habitat protection and environmental stewardship, a measurable goal of
ensuring that 4,500 acres of habitat is maintained to current or improved levels of biological
health as measured by indicator species and land use has been adopted. Presently,
implementation actions are in place which are advancing the Town towards achieving both its
housing and environmental stewardship goals.
3. SUMMARY OF THE MEMORANDUM OF UNDERSTANDING
A memorandum of understanding has been prepared for the Vail Town Council’s Alternate
Housing Sites Initiative. As indicated above, the MOU would be a non-binding amongst the
partners to outline the terms and details of an understanding that includes a mutual
acknowledgement of the expectations, obligations, and responsibilities regarding a plan to
pursue an alternate path to the development of the Booth Heights Parcel. In the end, the MOU
articulates what is required for the partners to realize a win-win outcome for all.
The MOU is best summarized by providing answers to each of the following questions:
What is the purpose of the MOU?
The purpose of the MOU is to establish the desired outcomes of the Vail Town Council’s
Alternate Housing Sites Initiative and set forth the intended expectations of the partners
regarding their willingness to cooperate in achieving the Initiative.
Who are the parties to the MOU?
The MOU would be a tri-party, collaborative partnership agreement by and between the Town of
Vail, Triumph Development, and Vail Resorts.
Why is a MOU necessary?
The MOU is needed as time is of the essence and minimizes risk in proceeding forward. The
MOU shall serve as an initial step towards acknowledging the active participation of each of the
partners with knowledge that each is proceeding forward and will be acting in good faith. The
MOU aims to effectively and efficiently move the Alternate Housing Sites Initiative forward in
advance of executing legally binding agreements.
What are the key deal points of the MOU?
The key deal points of the MOU would include:
• An extension of the approved Booth Heights entitlements will be granted to cover the
additional time needed to achieve the win-win outcomes expected of the Alternate
Housing Sites Initiative.
• Lot 3, Middle Creek Subdivision will be made available for a future deed restricted
housing development as an alternate site to Booth Heights.
• An EHU credit will be granted to Triumph Development/Vail Resorts for the deed-
restricted homes developed on Lot 3. The credit may be applied towards a future
housing obligation.
July 21, 2020 - Page 28 of 89
Town of Vail Page 3
• The Timber Ridge Village Apartments will be redeveloped in the future assuring a
notable increase in the number of deed restricted homes.
• The Town will be granted the title to the Booth Heights Parcel in exchange for Triumph
Development’s opportunity to develop Lot 3 and the Timber Ridge Village Apartments
• Wildlife fuels reduction will occur, and wildlife habitat enhancements will be completed to
protect Vail’s bighorn sheep herd.
• The Vail community is assured of increasing the supply of deed-restricted homes and
enhancing, protecting, and preserving the Booth Heights Parcel, on the Town’s terms.
What are the expectations, obligations, responsibilities of the partners?
• All partners would be responsible for committing the resources needed and to act in
good faith to achieve the win-win outcomes of the Alternate Housing Sites Initiative.
• The Town and Triumph Development are expected be co -applicants on a development
application to construct deed-restricted homes on Lot 3, Middle Creek Subdivision.
• The Town is obligated to reimburse the partial costs of the entitlement investment made
on the Booth Heights Parcel.
• The Town is obligated to deliver Lot 3, Middle Creek Subdivision, free of all
encumbrances by no later than September 15, 2021.
• Triumph Development is obligated to deliver at least 144 beds on Lot 3, Middle Creek
Subdivision by November of 2022.
• Vail Resorts is expected to master lease 144 employee beds from Triumph Development
upon completion of the homes.
• The Town is expected to make measured progress towards its adopted housing goal
and complete critical wildlife habitat enhancements.
• Triumph Development/Vail Resorts are obligated to grant the title to the Booth Heights
Parcel to the Town upon demonstrated progress towards established milestones.
When will the various steps in the MOU be commenced and completed?
There are numerous steps to complete to achieve the win-win outcome of the Alternate Housing
Sites Initiative. Below is a summary of the steps along with an anticipated completion date of
each.
• Initiate multi-year, seven phase process to complete wildfire fuels reduction and habitat
improvements - ongoing
• Grant approval extending the Booth Heights entitlements – August 4, 2020
• Execute legally binding development agreements – December 31, 2020
• Achieve entitlement approvals for new homes on Lot 3, Middle Creek Subdivision –
March 1, 2021
• Commence and complete construction of new homes on Lot 3, Middle Creek
Subdivision – September 15, 2021 – November, 2022.
• Negotiate option to redevelop Timber Ridge Village Apartments – September 15, 2021.
• Grant title to Booth Heights Parcel to the Town – subject to milestone achievement.
4. SCHEDULE OF NEXT STEPS
The schedule of next steps for the review and adoption of the MOU include:
July 7th – Presentation of the draft MOU– presentation only
July 21, 2020 - Page 29 of 89
Town of Vail Page 4
July 21st – Vail Town Council to host a public meeting on MOU - public comment
August 4th – Vail Town Council to host a 2nd public meeting to consider resolution to adopt MOU
– public comment
5. ATTACHMENTS
A. Memorandum of Understanding – Vail Town Council’s Alternate Housing Sites Initiative,
dated July 1, 2020.
July 21, 2020 - Page 30 of 89
1
7/16/2020
MEMORANDUM OF UNDERSTANDING
ALTERNATE HOUSING SITES INITIATIVE
This Alternate Housing Sites Initiative Memorandum of Understanding (the "MOU")
is made this ___________ day of ______________, 2020 (the "Effective Date") by and
among the Town of Vail, a Colorado home rule municipality with an address of 75 South
Frontage Road, Vail, CO 81657 (the "Town"), Triumph Development West, LLC, a
Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail,
Colorado 81657, and Vail Resorts, a ___________ with an address of ______________
(each a "Party" and collectively the "Parties")
WHEREAS, the Parties wish to implement housing and environmental stewardship
actions that increase the supply of deed-restricted homes in Vail and implements wildfire
fuels reduction and wildlife habitat improvements in East Vail;
WHEREAS, the Parties wish to adopt and implement the Alternate Housing Sites
Initiative (the "Initiative") as described herein;
WHEREAS, the Purpose of the Initiative is to create new deed-restricted housing
units to help meet a portion of the Town's adopted Vail Housing 2027 Plan goals while
protecting wildlife and preserving the property located at __________ (the "Booth Heights
Parcel") consistent with the adopted 2018 Comprehensive Open Lands Plan Amendment;
WHEREAS, the Initiative will ensure an increase in the supply of deed-restricted
homes for employees of Vail Resorts and afford Triumph Development an equal or
greater opportunity to develop homes in the Town; and
WHEREAS, in the absence of this collaborative partnership, it is highly likely each
of the Parties would fall short of their intended objectives, so this MOU makes all of the
Parties stronger, and in turn, is in the best interest of the Vail community.
NOW THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Purpose. The purpose of this MOU is to set forth the expectations of the Parties
regarding the Initiative and their cooperation to achieve the Initiative. Nothing in this MOU
shall affect the Town's quasi-judicial authority or limit the Town's police power. By
entering into this MOU, the Town is not pre-judging any development application or
guaranteeing that any development application will be approved.
2. Time is of the Essence. The Parties acknowledge the importance of actively
participating and acting in good faith in an effort to realize the desired outcomes of this
MOU. Further, the Parties understand, accept and commit to the implement the Initiative
in a timely manner. The Parties further commit to assigning the resources needed to
realize the shared and individual desired outcomes of the Initiative.
July 21, 2020 - Page 31 of 89
2
7/16/2020
3. Desired Outcomes. Following are the desired outcomes realized by each of the
Parties:
a. Town.
i. Substantial progress made towards achieving the adopted housing goal
and protection and preservation of up to 4,500 acres of bighorn sheep habitat and
wildfire fuels reduction.
ii. Possession of title to the Booth Heights Parcel in East Vail to do with it as
the Town deems appropriate.
b. Triumph Development.
i. An extension granted for the development rights and vested rights
associated with the Booth Heights Parcel and the Site Specific Development Plan
for the minor subdivision.
ii. An opportunity to construct an equal or greater amount of deed-restricted
development as is currently entitled on the Booth Heights Parcel.
iii. All or partial reimbursement of the entitlement costs invested in the Booth
Heights Parcel entitlement process.
iv. A first option to partner with the Town on the future redevelopment of the
Timber Ridge Village Apartments.
v. An ehu credit of 53,340 square feet of GRFA, or 61 units of equivalency.
c. Vail Resorts.
i. 144 beds of deed-restricted homes for Vail Resorts employees available for
occupancy by November, 2022 in the Lot 3, Project.
ii. An extension granted for the development rights and vested rights
associated with the Booth Heights Parcel approval.
iii. An EHU credit of 53,340 square feet of GRFA, or 61 units of equivalency.
iv. No displacement of current employee housing residents during construction
of the additional 144 beds.
v. Use of the Booth Heights parcel as means to advance the Town of Vail’s
goals for deed-restricted homes and achieve the goal of 1,000 new deed
restrictions by the year2027.
4. Deal Points. The final agreements to be executed by the Parties will include the
following deal points:
July 21, 2020 - Page 32 of 89
3
7/16/2020
a. All Parties acknowledge the approved entitlements and vested rights for the
Booth Heights Parcel will be extended for the duration of the steps identified in this MOU
and in exchange Triumph Development and Vail Resorts will delay the start of any
construction on the Booth Heights Parcel.
b. The Town will make Lot 3, Middle Creek Subdivision available to Triumph
Development to commence demolition and construction by September 15, 2021.
c. Triumph Development and the Town, as development application co-
applicants, will lead a design development effort to design and entitle, a new 100% deed-
restricted development on Lot 3, Middle Creek Subdivision (the "Lot 3 Project"). Said
development application shall comply with all adopted rules, regulations, and codes of
the Town of Vail, as may be applicable. The co-applicant relationship will include
assistance from the Town of Vail Planning Staff in the preparation of a development
application and presentation for approval to the Town of Vail’s Design Review Board,
Planning & Environmental Commission, and Vail Town Council, as required. The co-
applicant relationship will cease upon the granting of the development application
approval by the reviewing boards. Triumph Development will have sole responsibility of
all subsequent development costs, risks and construction permitting. The Design
Development Application Cost Reimbursement are as listed in Exhibit A attached hereto.
d. The Town will fund the development application costs for the Lot 3 Project
as a means of reimbursing Triumph Development for their investment in the approved
entitlements for Booth Heights. Development application costs include those direct costs
of site and project due diligence, civil and architectural design, legal fees for all parties
directly related to the alternate development site, construction estimating, and preparing
development applications and presentation of the application to the Town of Vail Planning
& Environmental Commission and Design Review Board intended to demonstrate
compliance with the adopted rules, regulations and codes of the Town, as may be
applicable. In the event of the successful completion of Lot 3, Project, by Triumph
Development, but the title to Booth Heights does not transfer to the Town, the property
owner of the Booth Heights Parcel will reimburse the Town for the above development
application costs prior to application for a building permit for development on the Booth
Heights Parcel.
e. The Town will retain Triumph Development to provide design development
services and pay Triumph Development a partial fee in an amount not to exceed $300,000
for said services, based upon mutually accepted terms. Said terms shall include
performance metrics and milestones to ensure progress and accountability.
f. Triumph Development and the Town of Vail will execute a ground lease
subordinated to all required construction financing for Lot 3, Middle Creek Subdivision
with the Town, which will be similar in form to the Lions Ridge Apartments lease, with
such lease to commence on or about September 15, 2021. Triumph Development will not
request to subordinate the deed restriction to any financing.
July 21, 2020 - Page 33 of 89
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g. Triumph Development will grant Vail Resorts an option to master lease up
to 36, two-bedroom units (144 beds) in the Lot 3 Project, or in the existing Middle Creek
apartments, as may be available, subject to mutually acceptable terms and at the sole
discretion of Middle Creek Village, LLC.
h. Upon execution of the Lot 3, Project Master Lease, Triumph Development
will be granted a first option to negotiate the redevelopment of the Timber Ridge Village
Apartments in partnership with the Town, with a goal of at least 200 deed-restricted, multi-
family units. The terms of the partnership will be negotiated and approved based upon
mutual acceptance. Commencement of this redevelopment will not occur until issuance
of a certificate of occupancy and the recording of the deed restriction providing at least
144 beds for the Lot 3 Project.
i. EHU Credit – The Town will grant an ehu credit of up to 53,340 square feet
and 61 units, subject to the provisions of the Vail Town Code, and the completion of the
following milestones:
i. Recording of a deed restriction providing at least 144 beds for the
Lot 3, Project.
ii. Issuance of a certificate of occupancy for the Lot 3, Project.
iii. The recording of a deed restriction prohibiting any employee housing
credits on the Booth Heights Parcel.
j. Triumph Development will grant Vail Resorts an option to master lease up
to 54 two-bedroom homes in the redeveloped Timber Ridge Village Apartments, upon
mutually acceptable terms to be negotiated at a later date.
k. The Town of Vail will be granted the title to the Booth Heights Parcel, subject
to the completion of the following milestones:
i. Execution of a Development Agreement by the Parties memorializing
the terms of this MOU by December 31, 2020.
ii. PEC and DRB approval of a Lot 3 Project by March 1, 2021 and a
certificate of occupancy by November 2022 (min. 144 beds).
ii. Timber Ridge Village Apartments issuance of building permit
(minimum of 100 net new additional deed restrictions).
iii. The Town’s acquisition of a minimum of 400 net new deed
restrictions. The acquisition may be in the form of rezoning of net new land area
to the Housing (H) District (average density of 25 units per acre), newly constructed
homes either in Vail or down valley, duly approved entitlements, development
mitigation obligations, or other means of acquisition deemed appropriate by the
Town to achieve its adopted housing goal. As of July 1, 2020, the effective date of
this provision, the Town of Vail has a total of 905 recorded deed restrictions. All
July 21, 2020 - Page 34 of 89
5
7/16/2020
deed restrictions acquired by the Town after the effective date shall be applied to
this milestone.
iv. Creation of a publicly available tracking tool and regular
demonstration of progress for the acquisition of net new deed restrictions through
the year 2027.
l. The approved entitlements for the Booth Heights Parcel will be extended
until the title to the Parcel is granted to the Town. If the Parties fail to achieve the
milestones, the one-year expiration restarts on the approved entitlements and
vested rights for the Booth Heights Parcel.
5. Initiative. The Initiative includes the following 7-step strategy:
a. Step 1. The Town will work with the USFS White River District to implement
a multi-year, 7-phase process to complete wildfire fuels reduction and wildlife habitat
improvements to more than 4,500 acres in East Vail.
b. Step 2. The Town will take title to Lot 3, Middle Creek Subdivision free and
clear of the current ground lease with Middle Creek Village LLC. The Town will provide
written notice to CGL of the Town's intent to make the site available for future housing
development, by no later than September 15, 2021.
c. Step 3. The Town will file rezoning application(s) to increase the total
amount of land area zoned in the Housing (H) District to ensure no net loss of Housing
(H) District property as a result of the potential future protection and preservation of the
Booth Heights Parcel. Locations for Town-initiated rezoning to Housing (H) District will
be determined through public input and a public process.
d. Step Four. The Town will complete a study to explore the feasibility and
cost of renovating the Vail Gymnastic Center to facilitate a future use of the building to
accommodate both gymnastics/recreation programming and an early childhood
education center.
e. Step Five. CGL will vacate Lot 3, Middle Creek Subdivision no later than
September 15, 2021, and Triumph Development will construct a housing development for
at least 144 Vail Resorts employees to be available for occupancy by no later than
November, 2022. The Town will commit a portion of the financial and staff resources
needed toward the site selection, building design and construction of a future CGL.
f. Step Six. Triumph Development will be granted a first option to negotiate a
redevelopment plan for the Timber Ridge Village Apartments with construction to begin
in May 2023, and available for occupancy no later than October 2024.
g. Step Seven. Title to the Booth Heights parcel will remain with Vail Resorts
until such time as wildlife habitat improvements are complete and the goal of 1,000 new
deed restrictions is achieved. If the milestones described above are met, the title will
transfer sooner.
July 21, 2020 - Page 35 of 89
6
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6. Term and Termination. This MOU shall commence upon the Effective Date and
terminate one year thereafter, provided that any Party may terminate this MOU earlier
than such date upon 30 days' written notice to the other Party. The term of the MOU may
be extended upon mutual written agreement of the Parties.
7. Miscellaneous.
a. Modification. This MOU may only be modified by subsequent written
agreement of the Parties.
b. Integration. This MOU and any attached exhibits constitute the entire
agreement between the Parties, superseding all prior oral or written communications.
c. Binding Effect. This MOU shall be binding upon and inure to the benefit of
the Parties and their respective heirs, successors and assigns.
d. Severability. If any provision of this MOU is determined to be void by a court
of competent jurisdiction, such determination shall not affect any other provision hereof,
and all of the other provisions shall remain in full force and effect.
e. Governing Law and Venue. This MOU shall be governed by the laws of the
State of Colorado, and any legal action concerning the provisions hereof shall be brought
in Eagle County, Colorado.
f. Assignment. There shall be no transfer or assignment of any of the rights
or obligations of any Party under this MOU without the prior written approval of the other
Parties.
g. Third Parties. There are no intended third-party beneficiaries to this MOU.
h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado
Constitution, any financial obligations of the Town under this MOU are specifically
contingent upon annual appropriation of funds sufficient to perform such obligations. This
MOU shall never constitute a debt or obligation of the Town within any statutory or
constitutional provision.
i. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this MOU,
and the Town shall never be liable or responsible for any debt or obligation of any
participant in this MOU.
TOWN OF VAIL, COLORADO
_______________________________
Dave Chapin, Mayor
ATTEST:
July 21, 2020 - Page 36 of 89
7
7/16/2020
__________________________________
Tammy Nagel, Town Clerk
TRIUMPH DEVELOPMENT WEST LLC
________________________________
STATE OF COLORADO )
) ss.
COUNTY OF ______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of __________, 2020, by ______________ as ______________ of Triumph
Development West LLC.
My commission expires:
(S E A L) _______________________________
Notary Public
July 21, 2020 - Page 37 of 89
8
7/16/2020
VAIL RESORTS
_______________________________
STATE OF COLORADO )
) ss.
COUNTY OF ______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ______________, 2020, by _________________ as ________________
of Vail Resorts.
My commission expires:
(S E A L) _______________________________
Notary Public
July 21, 2020 - Page 38 of 89
EXHIBIT A
Design
Development Application
Cost Reimbursement
Design development application costs include those direct costs incurred by the Town
and Triumph Development, as co-applicants, to determine the development potential of
the Lot 3 Project site and obtain development approvals and entitlements from the Town
of Vail Planning & Environmental Commission and Design Review Board for the Lot 3
Project equivalent to the current development approvals and entitlements granted for
the Booth Heights Parcel.
Those direct costs include:
• project due diligence, such as geotechnical testing, environmental assessment,
traffic studies, environmental impact reports;
• civil engineering,
• landscape design,
• life-safety analysis,
• traffic reports and studies;
• architectural design;
• development application and design review fees;
• professional consultant fees for preparing and presenting design development
applications to the Town of Vail Planning & Environmental Commission and
Design Review Board;
• costs incurred to demonstrate compliance with the adopted rules, regulations and
codes of the Town, as may be applicable, in pursuit of design development
application approval.
• legal fees for all parties directly related to the pursuit of this alternate
development site;
Costs directly related to pre-construction services, construction estimating, testing,
construction planning, or other similar costs incurred outside of the development
application approval processes are NOT reimbursable expenses.
July 21, 2020 - Page 39 of 89
1
Tammy Nagel
From:joanne glenn <vailjoanne@yahoo.com>
Sent:Tuesday, July 21, 2020 2:38 PM
To:PublicInputTownCouncil
Subject:My input
I am a 3rd generation Coloradoan and a 32 year resident, homeowner, employee & landlord IN WEST VAIL. My input as
to an alternative to the Booth Heights Housing project is unequivocally NONE. Vail Resorts has been allowed to expand
it’s Evil Empire for far too long and at the expense of the original charm and local livability and tourist experience to the
degree that now even wildlife areas are again to be sacrificed. Few people likely remember the arson of the Two Elk
Building by protesters trying to protect expansion into known wildlife & endangered species habitats/regions. OF
COURSE Vail Resorts prevailed and will likely steamroll over both native humans & animal inhabitants once again.
Another MAJOR reason that the need for worker housing is that private housing owners have been forced to deter from
renting to workers (ESPECIALLY VR’s absurd high season only hiring agendas that do not correspond with logical rental
time frames) And also their ABSURD pathetic wage structure which requires grouping to even afford ANY housing
possibility in the entire valley. Additionally, there is a severe disconnect between TOV rental regulations and the Eagle
County County Court Small Claims present Presiding Judge. I, personally have been a COViD victim + victimized by
manipulative & desperate housing seekers and ridiculous court incompetence and ignorance.
In the interest of educating the present council members of the egregious circumstances that they are either unaware
of, or are disregarding as they arrive at decisions that further lead to the never ending downward spiral of what Vail
Resorts advertises by the slogan: “ Vail LIke No Place Else On Earth”. What a sham & a scam that actually is
presently. Perhaps negatively in the view of other locals like myself who viewed Vail when it was still a peaceful sheep
pasture.....NOW even the native big horn sheep are unwelcome in VR’s continuing concept of greedy entitlement &
corruption statewide in this tragic era.
Joanne Glenn
Sent from Yahoo Mail for iPad
1
Tammy Nagel
From:Kelli Holtz <kelli@holtzdesignstudio.com>
Sent:Tuesday, July 21, 2020 7:16 PM
To:PublicInputTownCouncil
Subject:Public comment
Hi there,
I was in attendance of the meeting tonight but unable to “raise a hand”. I would like to share this letter with you, thank
you.
We urge the Vail Town Council to please reconsider the bulldozing of a preschool without first securing a
viable alternative location. The scarcity of childcare in the valley, and in Vail in particular, is a shortage of
equal severity to that of employee housing. The mission statement of the Town of Vail is "Grow a vibrant,
diverse economy and community and preserve our surrounding natural environment, providing our citizens and
guests with exceptional services and an abundance of recreational, cultural and educational opportunities.” The
program at Children’s Garden of Learning embodies this on every level. If the Town is committed to making
Vail a place where families can live and work, child care is a necessity. In addition, the decision making process
raises several red flags. Using the pandemic as a pretext to avoid any public comment, and having all
discussions take place under executive session suggests a desire to avoid uncomfortable public scrutiny. Please
reconsider this decision with full public input and transparency.
Chad and Kelli Holtz
Kelli Holtz, ASID
Holtz Design Studio
2077 N. Frontage Rd. W.
Suite #100
Vail, Colorado 81657
970.331.0566 studio
970.343.9470 cell
www.holtzdesignstudio.com
1
Tammy Nagel
From:Susie Kincade <susie@womenempower.us>
Sent:Tuesday, July 21, 2020 4:26 PM
To:PublicInputTownCouncil
Subject:Public Comment on Sheep MOU
Dear Council Members,
I am a 40 year resident of the valley. Though I now live in Eagle, the valley is my home and has been for four decades,
and that gives me a stake in the issue of Booth Heights which I’ve been following for many months. I wanted to offer my
voice on behalf of those who have no voice in this issue – the big horn sheep.
Please do not entangle a simple agreement between the Town of Vail and a developer into a multi‐layered, one‐
agreement‐solves‐all‐problems Memorandum of MISunderstanding. It won’t solve either problem. Indeed, it would be a
devastating mistake that would prolong any and all solutions and undermine the initial and primary concern here which
is to protect a deeply pressured herd of iconic sheep. These stressed bighorn sheep are a reflection of Vail’s stressed and
dwindling connection to its founding values: being a beautiful escape to a natural sanctuary for rest, recreation and soul
rejuvenation. Delay in taking care of these wild denizens would be a death knell, not only for the sheep, but for Vail’s
soul.
I ask you this: What would our Founders do?
You bet! They would protect the sheep first, and then go about the business of finding housing solutions elsewhere. Two
separate and meaningful acts of leadership.
Please consider the first part of the MOU but not the Vail Housing tie‐ins that complicate and would slow any process to
a standstill. The sheep don’t have that long.
Thank you for considering my comments.
Susie Kincade
Nature‐based Empowerment Coach and Author
Founder, Women’s Empowerment Workshop
www.womenempower.us
U.S. 970‐328‐5472
P.O. Box 1276
Eagle, CO 81631
1
Tammy Nagel
From:Siri Roman <siri_nelson@hotmail.com>
Sent:Tuesday, July 21, 2020 12:35 PM
To:PublicInputTownCouncil; Council Dist List
Subject:Siri & John Roman - Public Comment: MOU Alternative Housing Sites Initiative
Attachments:20200720_ToVail_MOU Housing.pdf
Dear Town Council Members,
Attached please find a letter regarding the proposed MOU Alternative Housing Sites Initiative.
I would like to request that this letter read during public comment tonight.
Sincerely,
Siri Roman
Siri & John Roman
1761 Alpine Drive, Unit 1
Vail, Colorado 81657
July 21, 2020
RE: MOU Alternative Housing Sites Initiative
PLEASE READ THIS ON THE RECORD
Dear Town Council Members,
Thank you for the opportunity to comment on the proposed MOU between the town of Vail, Triumph
Development, and Vail Resorts.
While the initiative achieves the written intended objectives of implementing housing and
environmental stewardship in East Vail, it does not consider the negative impacts the initiative will have
to our local schools and the families that live and work in the town of Vail.
The MOU is missing a critical partnership and objective–the continued priority, safety and well-being of
our schools, our children and our families. The deal points outlined in the MOU negatively impact both
the already site-constrained Red Sandstone Elementary School and the Children’s Garden of Learning
Center. To truly be a collaborative partnership, this MOU should include a party representing our
schools and families and their best interests.
Our schools and children are already suffering within the current pandemic; there is significant stress in
trying to find a new way of learning that will be safe for our teachers and children. The urgency, or “time
is of the essence” of this MOU appears unfounded within the current COVID-19 climate. Given the
impacts that COVID-19 is having on our community, I would ask that the Council postpone this initiative.
What we most need during this pandemic is stability. Pushing forward in such an uncertain time for
government, personal, and community finances causes unnecessary upheaval to a critical segment of
our fulltime residents.
The town of Vail is a wonderful place to live, and while housing and the environment are priorities, so is
continuing to create a child-friendly community where families choose to live. A key to this is our local
schools – both elementary and preschools. The town has been a leader in supporting preschools while
also developing housing. Nearly 20 years ago, when Middle Creek was built, the town displaced the two
long-operating preschools that were on that site. These two schools became The Children’s Garden and
the town provided a site suitable for the important task of developing children. The proposed
replacement site, to yet again displace children and families, is not similarly suitable.
Please continue to support our schools and continue evaluating other alternative housing site options,
including purchasing a new parcel.
Sincerely,
Siri & John Roman
1
Tammy Nagel
From:Mike Floyd <cedarcanvas@gmail.com>
Sent:Tuesday, July 21, 2020 11:58 AM
To:PublicInputTownCouncil
Subject:Public comment on draft MOU to implement Alternative Housing Sites Initiative
Vail Town Council.
I am writing to comment in opposition of the draft MOU to Implement Alternative Housing Sites Initiative.
The language in the summary of the draft of this plan states that this is a "win‐win" for the town. That is utterly false.
This plan fails to represent stakeholder interests across the town, namely the interests of the families who will lose
access to childcare beginning in September of 2021, unless the town adequately addresses the relocation of Children’s
Garden of Learning to a more suitable site. The plan makes no mention of this fact.
The town’s narrow‐minded fixation on adding deed‐restricted homes is driving this plan. While the addition of
affordable housing is a worthwhile goal, it should not come at the expense of working families, which is what this plan
does, while funneling eventual profits to Triumph Development and Vail Resorts.
The goals of preserving Bighorn sheep habitat and wildfire fuels reductions are both achievable without this plan as it is
drafted. Surely the Council realizes that adding 144 deed‐restricted beds is not much of a net gain when we lose a long‐
standing community childcare facility.
On a personal note, both I and my brother attended The Learning Tree of Vail as children in the early 80s. My son
attended Children’s Garden of Learning over the last couple years before going to RSES. We have an infant daughter on
the waiting list for CGL. It is a special place, it provides quality childcare and is integral to our town.
I am a 2nd generation ski patroller with additional responsibilities of avalanche forecasting. My wife works in retail in
Vail Village. Like others, we are living through the problems of unaffordable housing, expensive and scarce childcare,
and insufficient wages. None of these conditions entitles us to any special treatment, but we are the exact type of
family that will lose if this plan moves forward as it is drafted. We, and much of the community do not stand to gain any
direct benefit from this plan and will have increased hardship as a result. The town needs to support childcare within
the town because it is integral to our community's economic vitality.
As a longtime citizen, Vail native, and vested worker, I am requesting that the town council reject this MOU as drafted
and seek a more suitable goal that equitably addresses the needs of all stakeholders.
Sincerely,
Michael Floyd
2489 Chamonix Ln I‐1
Vail, CO 81657
1
Tammy Nagel
From:Mueller <mullvail@vail.net>
Sent:Tuesday, July 21, 2020 11:21 AM
To:PublicInputTownCouncil
Subject:Evaluation of flow path
Attachments:Scan1069.pdf
When in doubt, Ground water tracer is a must,
Greetings Mountaineers, Thank you for all the work you do on our behalf.
AnneMarie. Nee Perrin a Passy.
1
Tammy Nagel
From:Alison Wadey <alisonw@vailchamber.org>
Sent:Tuesday, July 21, 2020 11:22 AM
To:PublicInputTownCouncil
Subject:VCBA Input on Draft MOU Alternative Housing
Dear Town Council Members,
Thank you for your continued work on providing housing for our workforce community. The VCBA is in support of your
efforts and encourages you to stay the course with identifying and implementing workforce housing. We feel the use of
the Middle Creek parcel is crucial to this process as the number of affordable units that would have been built on Booth
Heights, can now be built on the Middle Creek parcel (CGL). (Minimum of 144 new beds.) We support the concept that
CGL will be given the reigns to find a new location that they’re happy with and that the Town would fund at a high
level.This is true community spirit and work trying to find a "win‐win" for all parties involved.
Going forward in light of our most recent ramifications due to Covid‐19, attracting and retaining a viable workforce is
going to be even more important than ever in our economic survival. Having a place where our employees can live that
does not burden them with added costs of owning a car, not having access to reliable public transit, and the like will
greatly help us support our businesses, community and local workforce.
Thank you for your continued efforts on behalf of Vail and our community.
Sincerely,
Alison C. Wadey
Executive Director
Vail Chamber & Business Association
241 South Frontage Road Suite 2 Vail, CO 81657
Office: (970) 477‐0075 Mobile: (970) 376‐1661
www.vailchamber.org
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.Community‐Inspired Guest Experience
1
Tammy Nagel
From:Robert Ford <robford1@me.com>
Sent:Tuesday, July 21, 2020 8:42 AM
To:Tammy Nagel
Subject:My presentation for tonights meeting
Attachments:Sheep meeting Vail.docx
Rob Ford
The pending negotiations on the proposed draft MOU have compelled me to write to you
today. I thank you for bringing the MOU to the community, and, with a few changes and
assurances by Council, I can give my support to the agreement. While I and others seem to find
the wording of the MOU unnecessarily confusing, I have been assured by Scott and Kim that all
future housing decisions will remain with the Town Council and not the Housing Authority.
Also, that all future housing decisions will be presented to the public for full disclosure and
discussion.
I would like to take a moment to discuss for your benefit and understanding the most recent
history of affordable housing efforts in Vail.
Kevin Foley and I served on the Town Council together over 20 years ago, in the late 90’s. We
spent 4 years working on a long term affordable housing plan for Vail. We launched a
community outreach program during that time called Vail Tomorrow to identify various sites
and build community consensus for the plan. Our plan was two fold: to provide community
housing and to keep young families in Vail. We passed that plan with either a 7-0 or a 6-1 vote.
That plan is sitting on a shelf somewhere in Community Development and has been for 20
years. It was never acted upon. What a huge disappointment. What a huge loss to the
community. Why was it left to gather dust? I have asked this question many times over the
years. The only good answer I can come up with is that the community really did not want to
adopt such an extensive plan after all no matter what was said on surveys.
Furthermore, in the last 20 years while Vail failed to implement any comprehensive housing
plan, the community has moved down valley. More families now live in Edwards where they
can live in neighborhoods and the kids can ride their bikes to school.
Although the community survey shows housing to be a priority, the reality is that Vail is 99%
built out and the community doesn’t want housing built on pristine open space land. Residents
value wildlife and nature over housing. Also, because the community has now moved down
valley, the proposed Booth Heights housing is really not community housing but, high density
business housing being provided for Vail Resorts at taxpayer expense. These issues make the
housing decision far more complicated than what might be indicated by a general survey
question.
The Founders of Vail wanted a village compromised of both businesses and residential housing
working together to form a community. With Vail’s incredible success over the years prices
rose, residents moved out of the village core and in large numbers down valley to less
expensive neighborhoods. However, the composition of the Town Council is still elected soley
by the residents of Vail and not the business owners. The Town Council’s job is to implement
the wishes of their residential constituents. Yes, the business owners are an important
component but not the controlling one as the founders decided early on. Both entities must
work together, to continue to make Vail a success. The residential constituents have over the
years shown a steady commitment to open space, land management and a desire to preserve
their wildlife. All of these competing interests have to be balanced in any successful attempt to
have any affordable or business housing built in Vail. The failure to tackle this job over the last
20 years only makes it more complicated. Today Vail must seriously consider placing this type
of housing down valley where the community is if it is to make any meaningful progress.
I hope my comments help you the council understand just how difficult it is to build the
community and business support for housing. I am in favor of supporting this agreement. Let’s
move on. Let’s try to reestablish the trust between the Council and their constituents. Let’s
work to discuss all the aspects of affordable housing which encompass community building vs
business housing while maintaining the integrity of Vails longstanding commitment to open
space and the protection of wildlife.
I want to thank this Council for working so hard to get this agreement done.
1
Tammy Nagel
From:Greg Kissler <gkissler@summitnet.com>
Sent:Tuesday, July 21, 2020 8:25 AM
To:PublicInputTownCouncil
Subject:Booth Heights Alternative
Vail Town Council,
I want to commend the work that the council has been doing to find an alternative to the proposed Booth Heights
development in East Vail. For many reasons developing the East Vail property is a bad idea. The citizens of Vail and
others spoke loud and clear in opposition to the project.
I don't know anyone that is opposed to workforce housing and more deed restrictions to allow those who work in Vail to
afford to live here too.
I don't believe that was ever the issue. The alternative to develop additional workforce housing adjacent to Middle
Creek and the redevelopment of Timber Ridge are in my opinion excellent choices. The location couldn't be better for
many reasons, being able to walk to work being perhaps the most beneficial. I trust the council to find a reasonable
solution for the relocation of the Children's center.
I fully support the Vail Town Council to proceed with this alternative plan.
Thank You,
Greg Kissler
2653 Cortina Ln, Vail CO 720‐272‐6348
1
Tammy Nagel
From:Jonathan Staufer <jonathanstaufer@gmail.com>
Sent:Tuesday, July 21, 2020 6:51 AM
To:Council Dist List
Subject:Booth Heights MOU
Vail Town Council
75 South Frontage Road
Vail 81657
Via email
July 21, 2020
Dear Mr. Mayor and Honorable Council Members,
We’ve been told by your representatives for over a year now that we should “trust the process.” We’ve been through a
flawed zoning process, a flawed approval process, a flawed appeals process, and an election cycle. This Town Council is
now spending tens of thousands of our tax dollars to fight your own citizens, who are spending tens of thousands of
dollars to keep our community from becoming a suburban dump, all so the Town to defend the planned destruction of a
property that has been on the priority protection list of every single Open Lands Plan for nearly 50 years.
And now this Memorandum of Understanding, which not only fails to permanently protect the North Katsos Ranch
property, but which ties its fate, as well as that of our indigenous herd of bighorn sheep, to the destruction of Donovan
Park. Donovan Park was purchased as open space with Real Estate Transfer Tax, a fund specifically created for the
acquisition of open space, and which has already been vigorously defended from at least two prior attempts to destroy
it. Meanwhile, Broomfield Resorts, conspicuous in their absence at the negotiating table, must be licking their greedy
chops at the prospect of what they’ll be able to extract from us to keep them from derailing any deal at the eleventh
hour.
Is this a negotiation or total capitulation?
If the Town continues to negotiate from a position of weakness, Broomfield Resorts and Triumph Development will
continue to take advantage of the Town. The Town Council has the upper hand and the support of your constituents:
You can vacate the zoning and the approval or you can condemn the property. If bad advice does not permit you to
negotiate from a position of strength, seek new advisors. And if your negotiators refuse to use whatever leverage they
have to represent your interests and that of your constituents, find new negotiators.
Trust the process? As it’s been going, “the process” will turn Vail into the Front Range metroplex’s western most exurb,
yet another place people have to drive through to get someplace beautiful.
Sincerely,
Jonathan Staufer
‐‐
Jonathan Staufer
100 East Meadow Drive, Suite 31
Vail, Colorado 81657
2
970.331.3401
1
Tammy Nagel
From:Lynn Gottlieb <murphy10178@yahoo.com>
Sent:Tuesday, July 21, 2020 8:44 AM
To:Council Dist List
Subject:MOU for Booth Heights
Dear Council Members:
Today you will be considering the MOU concerning protecting the sheep at the Booth Falls Site. I urge you to do all you
can to amend this memorandum. As it is written, it does not guarantee that the TOV will own and control what happens
to the the Booth Heights property for many, many years. The memorandum binds the TOV to a housing agreement that
goes well beyond the original idea of providing VR and the development company with comparable development
opportunities in the TOV in return for a direct swap for the Booth heights parcel.
It provides a loophole that Booth Heights will end up being developed in the future and the sheep will NOT be protected
in the end.
If you are going to try to leave a legacy for our town, then make it a straight forward, true one!!!
Best,
Lynn Gottlieb
1
Tammy Nagel
From:Josef Staufer <joestaufer@live.com>
Sent:Tuesday, July 21, 2020 6:44 AM
To:Council Dist List
Subject:Booth Heights "MOU"
Dear Mr. Mayor and Honorable Town Council Members:
Memorandum of Understanding OR Memorandum of Unbelievable?
Whoever suggested all those employee housing units on Donovan Park should be tarred and feathered and run
out of town. Next thing the moron is going to suggest is staff housing on Ford Park.
What is so complicated? The Town of Vail deeds to Vail Resorts and Triumph enough land east of Middle
Creek to build the number of units approved at Booth Heights and Vail Resorts and Triumph deed the land at
Booth Heights to the Town of Vail. The Town of Vail zones the property Open Space and basically deeds it to
the bighorn sheep.
But here comes Vail Resorts trying to manipulate the Town of Vail to give them more. Why not? The Town of
Vail built them parking, so why not employee housing? That's what this is all about. Of course Vail Resorts
don't want to give up future development opportunities on the Booth Heights property, so we'll kick the can
down the road and visit the issue again in the future!
The time has come for the Town to stop pussy footing around. There are two options on the table: We trade the
land even-Steven with no strings attached, or we start a condemnation procedure as we did with Ford Park.
Sincerely.
Joe Staufer
1
Tammy Nagel
From:Mike Browning <mfbrowning@pbblaw.com>
Sent:Monday, July 20, 2020 7:45 PM
To:PublicInputTownCouncil
Subject:FW: Booth Heights Land Trade MOU
Attachments:ESWA- draft letter to Vail re Booth Heights MOU (00114188).docx
From: Mike Browning <mfbrowning@pbblaw.com>
Date: Monday, July 20, 2020 at 7:33 PM
To: "pubicinputtowncouncil@vailgov.com" <pubicinputtowncouncil@vailgov.com>
Cc: "boss@eaglesummitwilderness.org" <boss@eaglesummitwilderness.org>
Subject: Booth Heights Land Trade MOU
Dear Council Members – Please see the attached letter regarding the proposed
Booth Heights MOU from the Eagle Summit Wilderness Alliance, a local non‐profit
organization helping the USFS protect and manage the Eagles Nest Wilderness and
other Wilderness Areas in Eagle and Summit Counties. In short, we support the
Vail Homeowners Association’s position that the MOU should be limited to the
land swap and not include the unrelated and more complex affordable housing
initiatives.
Thank you for your service to our community.
Mike Browning
2020 ESWA Chair
4229 Nugget Lane
Vail, CO
July 20, 2020
Town Council
Town of Vail
Re: Proposed Booth Heights Memorandum of Understanding
Dear Council Members:
The Eagle Summit Wilderness Alliance (ESWA) is an all-volunteer, non-profit organization that
supports the Forest Service's efforts to protect and preserve the Eagles Nest Wilderness, Holy
Cross Wilderness and Ptarmigan Peak Wilderness Areas in Summit and Eagle Counties. See our
website at https://eaglesummitwilderness.org. Many of our members are residents of Vail,
and all are lovers of Wilderness. I personally live at 4229A Nugget Lane in East Vail.
ESWA’s primary interest in the proposed Booth Heights land swap is the protection of the
Bighorn Sheep herd that uses the Booth Heights property for winter range. Wildlife in the Vail
Valley is under increasing pressure from human development and the increased number of
hikers in our local Wilderness Areas. It is vital that we protect the critical wildlife habitat that
remains. This is particularly true of the winter habitat provided by the Booth Heights property
as it is essential for the survival of the Bighorn Sheep that spend the remainder of the year in
the Eagles Nest Wilderness.
We commend the Town for its willingness to consider a trade of the Booth Heights parcel for
Lot 3 of the Middle Creek parcel. Such a trade protects critical habitat for the Bighorn Sheep
while allowing Triumph to develop its planned 144 housing units in a more responsible location.
We fully support such a land trade. However, we are concerned that the Memorandum of
Understanding as currently drafted is being used as a vehicle to advance affordable housing
proposals by the Vail Local Housing Authority that have nothing to do with the land swap.
The protection of Bighorn Sheep and the development of affordable housing are both
important issues, but they are unrelated and should not be artificially tied together. Doing so
threatens to delay and possibly undermine a relatively simple land swap needed to protect the
Bighorn Sheep’s winter range. We adopt and support the detailed arguments and proposed
revisions to the MOU in this regard set forth in the Vail Homeowners Association’s July 13, 2020
Call to Action.
Affordable housing is an important issue, and the Vail Local Housing Authority’s proposals
deserve careful consideration on their own merits. However, they should not, and need not, be
tied to the protection of our Bighorn Sheep.
Sincerely yours,
Michael F. Browning
ESWA 2020 Chair
1
Tammy Nagel
From:Sofija Cikara <healnhandz@gmail.com>
Sent:Tuesday, July 21, 2020 7:15 AM
To:PublicInputTownCouncil
Subject:Public input 7/21
Please read comments on the record for Alternative housing initiative
Dear town council members,
I am a parent of two CGL students and I am also a clinical employee of Vail Heath hospital. Good childcare is hard to
come by in this valley. We were on a waiting list at several locations for over a year before there were openings that
would accept both of our children. Although the hospital has a partnership with Vail Child care, but we chose CGL for its
alternate approach to education, access to natural land, it’s location and hours of operation. This has allowed me to
retain employment at the hospital, while knowing that my children are safe, well cared for, and thriving at CGL.
Having a layover in temporary location would greatly impact that approach to education, the town council needs to
extend CGL’s lease until it secures CGL a permanent comparable location.
Sincerely,
Sofija Phillips
920‐216‐8945
Healnhandz@gmail.com
1
Tammy Nagel
From:JOHN & DIANA DONOVAN <dianamdonovan@msn.com>
Sent:Tuesday, July 21, 2020 8:03 AM
To:Council Dist List
Subject:Meeting July 21, 2020
This process started out as an effort to protect the bighorn sheep but has clearly become focused on sites for housing
development with no guarantee it is affordable or still needed. Zoning, land plans, RETT purchases and other controlling
efforts on land uses are being ignored. The importance of child care facilities to any community is ignored. Everything is
discussed in executive session with never any report outs making it really difficult for interested and concerned parties
to be informed but that is clearly the way this has all been planned by certain individuals. And at the end of this entire
fiasco the sheep are not guaranteed protection. Such an unfortunate time in Vail’s history.
And still no public discussion on any of the issues. A meeting for council to listen to the public with no back and forth is
for appearances only just like earlier meetings where council’s only response was “I heard nothing new”.
I feel great sadness for the sheep, the children and the future of Vail.
Diana Donovan
Sent from my iPhone
1
Tammy Nagel
From:Kirsty Hintz <kirsty_hintz@comcast.net>
Sent:Monday, July 20, 2020 6:18 PM
To:Council Dist List
Subject:Memorandum of Understanding - questions and comments
Dear Town Council
It would appear that tomorrow evening’s session may be quite busy and so I thought it might be more useful to put my
thoughts down in advance.
First of all I do not agree that the Booth Heights title transfer be contingent upon realizing the entire goal of 1,000 deed
restricted homes. That is patently ridiculous and will take years. The Memorandum of Understanding should relate only
to the transfer of the Title from Vail Resorts to the Town of Vail once the 144 beds have been completed and the lease
transferred to VR from Triumph. I was also surprised that there was no mention of the Town buying the land. In my
view TOV should buy the land and VR should receive the lease for their 144 beds and that should be sufficient for title to
be exchanged which would be on or about November 2022.
At present the MOU is only an understanding between the Town and Triumph ‐ why Vail Resorts is not party to it I do
not know but I would think that they have to be.
In the current MOU it states that once title resides with the Town that it can “do with it as it deems appropriate.” No.
The land should be immediately declared open space to ensure that future councils and future housing tzars cannot
build on the land.That is imperative.
The current MOU outlines “desired outcomes”. I am mystified why under the goals of Vail Resorts it states that Vail
Resort wants ”use of the Booth Heights parcel as a means to advance the Town of Vail’s goals for deed restricted homes
of 1,000 by 2027.” Given that they are not actually a party to the MOU I do not understand why they as a Corporation
particularly care about what the Town’s stated goals on deed restricted housing is.
The more I read the MOU the more I come to the conclusion that it is the department of housing who want to use the
Booth Heights parcel as a means of attaining their own goal.
I don’t actually know how the 1,000 number of units came to be the objective which is doubling the current deed
restricted units. In this MOU it does not outline how many units will actually be built overall at Lot 3 ‐ it merely says that
Vail Resorts will lease 36 two bedroom units. It does state that there will be 200 family units built at Timber Creek of
which 54 two bedroom units will be leased to Vail Resorts. I do not know how many net knew units will be built at
Timber Ridge. So Vail Resorts will have a total of 100 of the 1,000 units ‐ exactly why do they care about the other 900?
It then states that the Town will build, acquire down valley, etc 400 additional units so of the 1000 desired new units
perhaps Lot 3 and Timber Ridge account for a net new 100 or 150 ‐ it would be nice to know. This then still leaves 350 or
more new units to be found before Step 7 of this MOU can be completed and the Title to the parcel transferred.
However if it is concluded that the Booth Heights parcel is essential to attaining the 2027 goal then this MOU is totally
meaningless as an intention of transferring title to the Town of Vail with the sole purpose of preserving the land for the
sheep which is actually what the residents of Vail want.
Due to the fact that Mr Ruther and his team put this together presumably with the Town lawyer ‐ there is a complete
bias towards his own goals as the person in charge of finding places to build or buy restricted deeded housing by 2027
2
and then getting the Council’s agreement on this MOU as a way of holding the title to the Booth Heights parcel hostage.
That simply cannot stand.
As I stated above, the MOU should not be called The Alternative Sites Initiative Memorandum. It should be called The
Transfer of Title to the Town of Vail for the purposes of designating it Open Space. This MOU needs to include Vail
Resorts and title should transfer to the Town once the 36 units have been leased to Vail Resorts and once the Town has
paid a price for the land.
The redevelopment of Timber Ridge is necessary and I understand why Vail Resorts do not want their employees
disrupted but it has nothing to do with Booth Heights. Lot 3 is the alternative ‐ not Timber Ridge.
As for the hundreds of other deed restricted units that are required to achieve the 2027 goal, I would think that this
process has at least identified other areas, but again how this is achieved should have NO bearing on the transfer of title.
Yours sincerely
Kirsty Hintz
1
Tammy Nagel
From:Cynthia Ryerson <cindyvvss@mac.com>
Sent:Monday, July 20, 2020 3:35 PM
To:PublicInputTownCouncil
Subject:Tuesday July 21, Council items -Booth Heights Parcel
Dear Town Council members,
Thank you for your continued efforts to try to find alternate locations for the Booth Heights
development.
I believe that the site, with its critical importance to the Gore Valley Big Horn sheep herd’s
survival, as well as its visual impact on visitors and their initial view of the Vail Valley has to be
preserved in its natural state. The draft version of the MOU is a good start but I feel that Booth
Heights with it's 144 EHU’s required by Vail Resorts should be a single issue and satisfied with the
completion of the 144 units proposed at the Middle Creek location. The transfer of title of
the Booth Heights property from Vail Resorts to the Town of Vail should
not be linked to the VLHA and its aspirational goals of 1000 units by
2027.
Furthermore in Section 3 a ii., the MOU has no guarantee in it that if title
of Booth Heights is transferred to the Town of Vail that it would indeed
be put into permanent conservation. In light of Vail Resorts stated
commitment to honor the natural environment and the Town's mission
of "preserving the surrounding natural environment" and its value of
being "stewards of the environment" there are better alternatives out
there and I appreciate that you will continue to work to preserve this
unique and critical habitat for future generations to enjoy.
Sincerely, Cindy Ryerson
1
Tammy Nagel
From:James Gregg <greggco@gmail.com>
Sent:Monday, July 20, 2020 2:35 PM
To:PublicInputTownCouncil
Subject:Memorandum of Understanding
I have owned my home in Vail since 1995. I feel the town has done a good job over the years improving the quality of
our lifestyle, maintaining a balanced budget, and setting aside ‘’Open Space’ for us and future generations to enjoy in
what we thought was perpetuity. It is this town council and all future council’s ethical and moral responsibility to uphold
and confirm open space zoning now more than ever and not get caught in the justification that it’s for ‘employee
housing’. I am referring to a disturbing report that spoke of developing Donovan Park for employee housing. As a citizen
and taxpayer of Vail I am voicing my opposition to that concept. I think it important at this meeting to confirm to the
citizens of Vail. ,by a vote of the council, that Donovan Park will remain open space.
I believe this memorandum of Understanding is unnecessary and can only tie you to a future situation you don’t want to
be in. Triumph and Vail Resorts realized the risks of development pursuit prior to receiving a new zoning and housing
approval for Booth Heights. It is not the Town of Vail’s responsibility to reimburse them or give them exclusive rights to
future development in the town.
Finally, let’s finish what’s out there‐Timber Ridge. Half of that project has sat idle for a number of years now. Perhaps
that’s a blessing . I think it would be prudent at this time to take fresh concept to the remaining units. If you increase the
stories you could double the number of units without disturbing any neighbors. You allow it for private developers
(Solaris, the Lyon) and they are on the mountainside.
Setting a timetable for a number of units by a certain date is aggressive and subject to failure. Start with what’s in place,
finish it and work toward a future goal that is attainable and sustainable
Thank You
Jim Gregg
1966 West Gore Creek Dr
1
Tammy Nagel
From:Paul Bigsby <paulbigsby@gmail.com>
Sent:Monday, July 20, 2020 1:34 PM
To:Council Dist List
Subject:Fwd: Booth Heights alternative proposal
>>> Good afternoon Council: I strongly support your recent decision to replace and seek alternatives to the Booth
Heights project. Thank you.
>>>
>>> Understanding, that previous housing goals and certain timelines have been created I would ask for the Council and
all parties take a serious and deliberate reconsideration of the deadlines due to the vast number of country‐wide
financial and social unknowns created by this pandemic. I urge the Council to pursue an extended PRUDENT PAUSE in
deciding on this important issue in these financially challenging times. We will all know so much more and hence allow
better planning as our health and personal and public finances emerge from this pandemic.
>>
>>> The conversations about a win‐win alternative are admirable. However, perhaps the best decision can be made if
we can delay our decision until we know more about the pandemics’ immediate and long term impacts to the general
public’s health and our Town’s, our residents, our guests and Vail Resorts financial plans and positions.
>>>
>>> It certainly is well known and accepted that you must continue to seek, examine and present alternatives. However,
now is the time to slow down, pause, reconsider and re‐examine the unknowns of the dynamic health and financial
issues our Town, Vail Resorts, our residents and tourism will face over the next 12‐18 months.
>>
>>> With this current worldwide pandemic creating multiple, ongoing unknown challenges I believe we all know there
will be significant short and long term financial impacts to both our Town, Vail Resorts, future tourism, tax receipts and
possibly employment and housing needs. I suggest any long term financial commitment and consideration of this
project, new or additional deed restricted properties should be delayed and can be better determined in the next 12‐18
month or when clarity of the health and financial future of all of us is better known.
>>
>>> Yes, this will be difficult and challenging time and project and I urge all parties patiences. Imposing timelines or
deadlines on this project will not serve anyone’s best use of resources.
>>
>>> Thank you for your time and consideration, Paul Bigsby, 1180 Casolar Del Norte, Vail (970)471‐1447
>>
>>
>>>>
>>>>
>>>>>
>>>>>
>>>>>
>>>>> Sent from my iPad
1
Tammy Nagel
From:rolvail@aol.com
Sent:Sunday, July 19, 2020 5:56 PM
To:Council Dist List; Scott Robson
Subject:MOU
Dear Town Council,
I don't know how the MOU regarding a substitute location for Booth Heights got so off track. In these times of reduced
revenues and CV-19 I feel it may be time to disband the Vail Housing Authority. The Town Council and the democratic
process of citizen input into decisions regarding our community are being circumvented by this convoluted MOU. This
should not be used as a separate housing plan! There should be no delay in transfer of title to the Booth Heights parcel,
which should then be designated Open Space.
Approval of anything more than the original land swap by the Town Council would be boxing itself in and an abdication of
future responsibility in decision making.
Also, there appears to be a lot of, apparently, employee housing projects being built down valley. Maybe it is time to utilize
less controversial locations rather than a continuing lurch from one crisis to another! Our community doesn't deserve this.
Respectfully
Rol Hamelin
1
Tammy Nagel
From:Larry Stewart <lsstewart@stfblaw.com>
Sent:Monday, July 20, 2020 11:05 AM
To:PublicInputTownCouncil
Subject:Booth Heights MOU
Dear Mayor and Town Council:
I have registered to attend tomorrow’s meeting via Zoom but because I am concerned about technical glitches and being
able to complete my comments within three minutes, I am also filing this written comment. I have been a Vail resident
for over 20 years and an advocate for protection of the East Vail Big Horn sheep. I offer the following comments as a way
to avoid controversy while at the same time achieve the Council’s goals.
When it was announced by the Mayor in January that the Town was seeking a “win‐win” solution to the potential
development of Booth Heights, I was very pleased. But when I saw the proposed MOU I was shocked to see that a simple,
straight forward land swap now had a housing plan attached to it and that the two were tied together with a delay in the
transfer of title from Vail Resorts to the Town. As written, under sections 4(k) (ii) and (iii) and Step Seven (section 5(g)),
the transfer of title would be delayed for many years after the alternate Middle Creek site was built and occupied. That
leaves open at least the possibility that something could go wrong, and Booth Heights could also be built even though
Middle Creek was built and occupied, the very thing that the land swap was supposed to prevent. Apparently, that very
possibility is contemplated by the Council because there is a provision in the draft (section 4(d)) for that to happen. Of
course, that would defeat the purpose of the land swap, which is to protect the Big Horn sheep.
I submit that this is both unnecessary and ill‐advised since there is another way to achieve the goal of a housing plan that
would not involve any delay in the transfer of title or the possibility that both Middle Creek and Booth Heights would be
developed. That could be accomplished through a Master Plan for Affordable Housing. Actually, this is something that
should have already been undertaken for, while the 2027 Housing Plan was innovative, aside from the InDEED program,
there was no plan to achieve its goals. A Master Plan now would flesh out that plan and provide a way forward to achieve
the 2027 goals. And, since there would be public input, there would be a community commitment to ts provisions.
This is not an effort to delay a housing plan. A Master Plan could proceed immediately and be completed this year,
possibility in just a few months, so it would be in place well before the December 31, 2020 deadline for a completed
contract with Vail Resorts and Triumph Development. To make that clear, a “milestone” could be added to section 4(k)
and a “step” could be added to the “7‐step strategy” in the MOU to provide that the Town will initiate a Master Plan
process for the development of an affordable housing plan to implement the goals of the 2027 housing plan.
This is also not an effort to avoid or put off the completion of the 2027 housing goals. A Master Plan that incorporated
Timber Ridge, West Middle Creek, the CDOT East Vail parcel and the Town bus maintenance facility would provide 380
additional units. When added to Middle Creek, that would be 525 units, bringing the total new units up to 725 (there are
already over 200 units under the 2027 plan). The InDEED program can be expected to yield at least another 100 units and
probably more over the next seven years, which brings the total up to at least 825 units and the balance of 175 units could
easily be achieved over the next seven years through probable future in‐Town developments and down‐valley
opportunities, which means that the Town will meet or exceed the 1000 unit goal of the 2027 plan.
2
Lastly, this is not an effort to interfere with the plan to grant Triumph Development a first option for the development of
Timber Ridge. I have no objection to that provision and, even if there was a separate Master Plan for Affordable Housing,
that provision could remain part of the “deal” on Booth Heights.
Proceeding in this fashion, with a Master Plan for Affordable Housing instead the delayed title transfer in the current MOU,
will avoid the controversy of trying to use the Booth Heights land swap to tie the hands of future Councils and the
community to force a housing plan that has not been officially adopted. It will also result in a community approved plan
for achieving the 2027 goals, a “win‐win” outcome to go along with a “win‐win” straightforward land swap of the Booth
Heights property. There would thus be no delay in the transfer of title (it should occur when a C/O issues for the Middle
Creek alternative development) and no chance that something could go wrong resulting in both Middle Creek and Booth
Heights being built.
If the Council proceeded in this fashion, the MOU would become a more simplified document. There would be no need
for the Timber Ridge or the 400 new unit “milestones” or “Step Seven” since those would be covered by the Master
Plan. “Step Seven” could then become a straightforward provision that upon issuance of a C/O for Middle Creek, Vail
Resorts will transfer title for Booth Heights to the Town. There would also be no need to extend existing Booth Heights
development and vested rights beyond the completion of the Middle Creek development. I hope that the Council will
proceed in this fashion as I think it will avoid controversy and help bring the community together.
There is also one other aspect of the MOU that was shocking. That is the inclusion of the Middle Bench of Donovan Park
as a housing site. I had always considered the Middle and Upper Benches of Donovan Park to be one of the crown jewels
of Vail’s open spaces. That was the purpose for which the Town originally acquired this property. Indeed, it was purchased
with RETT funds which can only be used to acquire open space land and it has always been zoned as open space
land. When attempts have been made in the past to use this property for other purposes, including housing, the
community rose up in opposition. There was even contentious, expensive litigation in the 1990s. Even if it could be
developed, it would yield only a few units. I believe that trying to once again convert this land into a housing site is an
unnecessary and a very divisive matter. I therefore hope that the Council will remove this property from consideration.
Thank you for consideration of these comments.
Larry Stewart
5146 Gore Circle
Vail
From:Larry Stewart
To:PublicInputTownCouncil
Subject:Booth Heights MOU
Date:Monday, July 20, 2020 11:04:42 AM
Dear Mayor and Town Council:
I have registered to attend tomorrow’s meeting via Zoom but because I am concerned about
technical glitches and being able to complete my comments within three minutes, I am also filing
this written comment. I have been a Vail resident for over 20 years and an advocate for protection
of the East Vail Big Horn sheep. I offer the following comments as a way to avoid controversy while
at the same time achieve the Council’s goals.
When it was announced by the Mayor in January that the Town was seeking a “win-win” solution to
the potential development of Booth Heights, I was very pleased. But when I saw the proposed MOU
I was shocked to see that a simple, straight forward land swap now had a housing plan attached to it
and that the two were tied together with a delay in the transfer of title from Vail Resorts to the
Town. As written, under sections 4(k) (ii) and (iii) and Step Seven (section 5(g)), the transfer of title
would be delayed for many years after the alternate Middle Creek site was built and occupied. That
leaves open at least the possibility that something could go wrong, and Booth Heights could also be
built even though Middle Creek was built and occupied, the very thing that the land swap was
supposed to prevent. Apparently, that very possibility is contemplated by the Council because there
is a provision in the draft (section 4(d)) for that to happen. Of course, that would defeat the purpose
of the land swap, which is to protect the Big Horn sheep.
I submit that this is both unnecessary and ill-advised since there is another way to achieve the goal
of a housing plan that would not involve any delay in the transfer of title or the possibility that both
Middle Creek and Booth Heights would be developed. That could be accomplished through a
Master Plan for Affordable Housing. Actually, this is something that should have already been
undertaken for, while the 2027 Housing Plan was innovative, aside from the InDEED program, there
was no plan to achieve its goals. A Master Plan now would flesh out that plan and provide a way
forward to achieve the 2027 goals. And, since there would be public input, there would be a
community commitment to ts provisions.
This is not an effort to delay a housing plan. A Master Plan could proceed immediately and be
completed this year, possibility in just a few months, so it would be in place well before the
December 31, 2020 deadline for a completed contract with Vail Resorts and Triumph Development.
To make that clear, a “milestone” could be added to section 4(k) and a “step” could be added to the
“7-step strategy” in the MOU to provide that the Town will initiate a Master Plan process for the
development of an affordable housing plan to implement the goals of the 2027 housing plan.
This is also not an effort to avoid or put off the completion of the 2027 housing goals. A Master Plan
that incorporated Timber Ridge, West Middle Creek, the CDOT East Vail parcel and the Town bus
maintenance facility would provide 380 additional units. When added to Middle Creek, that would
be 525 units, bringing the total new units up to 725 (there are already over 200 units under the 2027
plan). The InDEED program can be expected to yield at least another 100 units and probably more
over the next seven years, which brings the total up to at least 825 units and the balance of 175
units could easily be achieved over the next seven years through probable future in-Town
developments and down-valley opportunities, which means that the Town will meet or exceed the
1000 unit goal of the 2027 plan.
Lastly, this is not an effort to interfere with the plan to grant Triumph Development a first option for
the development of Timber Ridge. I have no objection to that provision and, even if there was a
separate Master Plan for Affordable Housing, that provision could remain part of the “deal” on
Booth Heights.
Proceeding in this fashion, with a Master Plan for Affordable Housing instead the delayed title
transfer in the current MOU, will avoid the controversy of trying to use the Booth Heights land swap
to tie the hands of future Councils and the community to force a housing plan that has not been
officially adopted. It will also result in a community approved plan for achieving the 2027 goals, a
“win-win” outcome to go along with a “win-win” straightforward land swap of the Booth Heights
property. There would thus be no delay in the transfer of title (it should occur when a C/O issues for
the Middle Creek alternative development) and no chance that something could go wrong resulting
in both Middle Creek and Booth Heights being built.
If the Council proceeded in this fashion, the MOU would become a more simplified document.
There would be no need for the Timber Ridge or the 400 new unit “milestones” or “Step Seven”
since those would be covered by the Master Plan. “Step Seven” could then become a
straightforward provision that upon issuance of a C/O for Middle Creek, Vail Resorts will transfer title
for Booth Heights to the Town. There would also be no need to extend existing Booth Heights
development and vested rights beyond the completion of the Middle Creek development. I hope
that the Council will proceed in this fashion as I think it will avoid controversy and help bring the
community together.
There is also one other aspect of the MOU that was shocking. That is the inclusion of the Middle
Bench of Donovan Park as a housing site. I had always considered the Middle and Upper Benches of
Donovan Park to be one of the crown jewels of Vail’s open spaces. That was the purpose for which
the Town originally acquired this property. Indeed, it was purchased with RETT funds which can only
be used to acquire open space land and it has always been zoned as open space land. When
attempts have been made in the past to use this property for other purposes, including housing, the
community rose up in opposition. There was even contentious, expensive litigation in the 1990s.
Even if it could be developed, it would yield only a few units. I believe that trying to once again
convert this land into a housing site is an unnecessary and a very divisive matter. I therefore hope
that the Council will remove this property from consideration.
Thank you for consideration of these comments.
Larry Stewart
5146 Gore Circle
Vail
1
Tammy Nagel
From:Tom Vucich <vucicht@gmail.com>
Sent:Sunday, July 19, 2020 2:01 PM
To:Council Dist List; Scott Robson
All‐‐I plan to participate via Zoom Tuesday evening, but want you to have this email prior to that. Among other issues I
will raise regarding the draft MOU for the Booth Heights alternative site, the primary one will be what Blondie and I sent
to you in an earlier email, but received no response.
That issue is spelled out in the 3rd "Whereas" on page 1 ("preserving the property at Booth Heights consistent with the
adopted 2018 Comprehensive Open Lands Plan Amendment" AND on page 2, para. 3(a)ii "Possession of title to the
Booth Heights Parcel in East Vail to do with as the Town deems appropriate".
Because the 2018 Open Lands Plan Amendment was approved by each and every one of you (Brian, you did as PEC
commissioner), and because that plan specifically addresses this proposed land swap (VR would not be developing it)
page 51 states in Action Item 23 "the Town should take steps to acquire the property...to protect the land from
development."
The 2 statements in the MOU referenced above clearly are in conflict with each other. I believe "deems appropriate"
means that you all want to leave a future option on the table to develop the parcel under Town ownership. That
eventuality is definitely NOT what the public believes was the intent of the Alternative Site Initiative‐‐to give VR/TD
equal or better land/opportunities and to still leave the BH parcel subject to development would be truly disingenuous
on your part.
If you all are honestly wanting to be transparent and straightforward you all need to have the fortitude to state publicly
Tuesday evening where you individually stand on this issue‐‐to follow what you approved in the Open Lands Plan or to
now say just a bit more than 18 months later "oh, we changed our minds‐‐housing is now more important than
preserving an important (and controversial) town parcel"? Preserving is defined as "maintaining something in its original
or existing state", not "developing it if need be." And, especially in light of the priorities recently revealed in the 2020
Town Survey, if you favor leaving open the development option you will demonstrate that you are totally out of touch
with your constituents.
As I mentioned, my intention is to raise this discrepancy publicly at Tuesday's meeting during my 3 minute comment
time. I hope you will have the strength of character to individually state (or through a show of hands?) how you actually
feel about this language when the Town takes title. My hope is also that you will, as a council, change that language to
reflect truly preserving it. You owe that to the public and to your own integrity.
Best regards,
Tom Vucich
1
Tammy Nagel
From:Blondie Vucich <runblondie49@comcast.net>
Sent:Friday, July 17, 2020 6:23 PM
To:Scott Robson
Cc:Council Dist List
Dear All,
While I understand the importance of new restrictions regarding the Covid virus, I respectfully ask you to remove the
MOU from the agenda for the July 21st meeting.
This issue is of utmost importance to the community and it deserves in person participation. The physical presence of
residents at the podium is something the Vail Town Council should witness, whether proponents or opponents. Please
delay.
Thank you for your consideration.
Blondie Vucich
Sent from my iPad
1
Tammy Nagel
From:pamelas <pamelas@vail.net>
Sent:Saturday, July 18, 2020 8:22 AM
To:Council Dist List; Scott Robson
Subject:Booth Heights Memorandum of Understanding
Dear Town Council and Town Manager:
In January when Town Council announced that it would attempt to negotiate a “win ‐ win” agreement between the
Town (TOV), Vail Resorts (VR) and Triumph Development (TD), we were very hopeful a settlement could be reached that
would preserve the bighorn sheep habitat in East Vail and a more suitable site for workforce housing could be
identified. The community waited eagerly for months, being encouraged with the occasional tidbit that the parties
were holding serious discussions.
After nearly six months the public introduction of the Memorandum of Understanding (MOU) brought some good news
along with some great concern. Rather than a straightforward document identifying an acceptable and superior
alternate site for TD and VR to develop housing in exchange for the TOV receiving title to the East Vail parcel now known
as Booth Heights (BH), citizens were presented with a convoluted plan that holds BH and the sheep hostage for many
years and retains the potential that a land trade may not happen at all and that housing could be built at BH in addition
to the ’traded’ housing site. Further, we were shocked to learn that VR had not substantially taken part in the
negotiations.
Rather than go through my objections point‐by‐point, which I am happy to do should it be necessary, the request is
simple; 1) disentangle the BH alternate site land trade from the Vail Local Housing Authority (VLHA) and its Alternative
Housing Sites Initiative (AHSI), and, 2) clearly state that if the TOV gains title to the BH parcel the land will immediately
be zoned as Open Space, to be permanently protected. 3) It should be plainly noted that title to the BH parcel will
transfer to the TOV immediately upon issuance of a Certificate of Occupancy for housing on the alternate site,
presumably where the Children’s Garden of Learning now sits.
We recognize the need and desire to identify and/or build more workforce housing and encourage VLHA to develop a
masterplan for its AHSI, but trying to tie its implementation to the VR/TD/TOV deal on BH is disingenuous. As written,
the MOU places the BH site under years of uncertainty and even allows VR to develop housing there if VLHA’s goals are
not met.
I urge you to reject the MOU as it is currently written and amend it to a single purpose; to clearly and succinctly describe
an agreement whereby the TOV will to work with VR and TD to facilitate construction of workforce housing on an
alternate site and that immediately upon completion of that construction, the East Vail BH parcel will be designated as
Open Space to be permanently preserved.
Thank you for your consideration, we hope a straightforward and concise revision to the MOU will be quickly
forthcoming.
Pamela Stenmark
Pamela Stenmark
pamelas@vail.net
(c) 970-376-1124
1
Tammy Nagel
From:Graham Hollis <gramhollis@icloud.com>
Sent:Friday, July 17, 2020 3:53 PM
To:Council Dist List
Subject:Booth Heights land swap
I’ve been reading a lot about the MOU regarding the landswap. I appreciate and support the work the TOV has done to
come up with a workable solution to this complex issue. It is so important for the future of the Valley to have affordable
housing.
Best regards
Graham Hollis
East Vail
July 17, 2020
To: Vail Town Council; Scott Robson, Town Manager
As an older woman with a progressive chronic disease, I am mostly still self-isolating, so encouraged by
both my sons. I have seen them face to face only once each since the lock down in early March, my 2
older grandsons who leave soon for Seattle & Madison only once each, and the 2 younger ones, 14 & 16
not at all. I will not be in Council Chambers then July 21 or Aug. 4, but will be live streaming on Ch. 5 as I
have since returning late May to Vail. You will have to pardon my absence before you & understand it is
NOT for lack of passion on the issue being addressed, namely the hateful MOU/AHSI.
Times are way too uncertain at present to commit the Town & its already affected finances to a 7-10 yr.
agreement of convoluted complications, a 7 step process by which all steps must go a certain way or the
Bighorns pay with their winter habitat, and the Town pays with its diminished funds for Triumph’s
previous & some next development expenses, while Booth Heights development remains a risk.
The MOU should be de-coupled from the AHSI. Whenever was that plan—of VLHA, not TOV, approved &
adopted as Town policy? I agree we need an affordable housing master plan, but we have not yet
adopted one, nor is this uncertain time for the community, the ski resort, the future finances of Vail, the
moment to consider one.
Without Town approval or public comment, how can Council commit us to a housing plan that includes
such sites as Donovan Park & Middle Bench purchased with RETT funds & deemed by all as permanently
open space?
Before the dust settles, & the bankruptcies due to the pandemic, how can we estimate the workforce
housing needs in Vail? Perhaps those who short-termed to strangers from afar, may again prefer longer
term rental to one or more tenants.
Already the return to schools is threatened. Can we guarantee a full 2020-21 ski season?
To approve this MOUAHSI agreement is fool-hardy at any time, but especially in the midst of all the
present uncertainties, the most blithe ignorance I can think of. But when the dust does settle Wall Street
will doubtless have snagged some bargains again. Not a good time to take on new obligations for the
rest of us. Keep it simple, please.
Anne Esson
1
Tammy Nagel
From:Susan Bristol <susan.bristol@gmail.com>
Sent:Friday, July 17, 2020 9:52 AM
To:Council Dist List; letters@vaildaily.com; ValleyVoices@vaildaily.com; Scott Robson
Subject:Vail's MOU - redrafted from 15 July 2020
Attachments:Vail's MOU 16 July 2020.docx
16 July 2020
Letter to the Vail Town Council and to the Vail Town Manager Mr. Robson,
The Vail Town Council is in danger of abrogating its responsibility for wise and strong management of TOV
funds and initiatives. The danger lies in an approval of the proposed MOU between the TOV, Vail Resorts and
Triumph Development as currently written. As the Vail Town Council is elected by citizens to represent their
concerns, to share that responsibility with or to be unduly pressured by any other entity would be a travesty
of the worst kind.
The purpose of the MOU, as I understand it, is to assure the transfer of ownership of the so‐called Vail Heights
property from Vail Resorts to the TOV, giving consideration to Vail Resorts’ agreement with Triumph
Development – a simple agreement that would assure that Triumph Development would be allowed to
construct a number of housing units equal to those approved by the PEC for the Booth Heights property –
144+/‐ units and giving Triumph right of first refusal to redevelop the Timber Ridge Village Apartments. The
transfer of title to Booth Heights from Vail Resorts to TOV should be no later than the date a C/O is issued for
the Middle Creek development, rather than being dependent upon a number of other proposed factors.
Subsequently the so‐called Vail Heights property should in the MOU be declared immediately by the TOV to be
“Designated Open Space” protected in perpetuity.
In an effort to be inclusive in delineating the MOU, the above process has muddied the waters. The Town
Council should retain its authority to allocate funds and determine timing for housing development within the
TOV as and when funds are deemed sufficient and a need is agreed upon by the Council. Representing the
citizens of Vail, the Council should not be held hostage to imposed declarations regarding timing and funding
by any other entity.
The aggressive proposals for “ALTERNATIVE HOUSING SITES INITIATIVE” now included in the MOU proposal
should be entirely separate from the timely MOU agreement to settle the issue of Booth Heights.
In its proactive proposals for workforce housing, the VLHA should be reminded that the citizens of Vail have
been involved for many years prior to the VLHA’s creation in the thoughtful preservation of the rare open
space within the Town of Vail. Case in point is the successfully litigated preservation of the three benches of
Donovan Park legally based on their purchase via RETT funds by the Town. The VLHA was formed to consider
the issue of workforce housing, not to be a tail wagging the dog/Town Council. In any case rezoning of any of
our Open Spaces should be extensively examined by the Town Council and very possibly be put to a citizens’
vote, considering the divisiveness of the Vail Heights process produced within our town. Let us have Peace
and trust in our Vail Town Council.
Respectfully,
2
Susan Bristol, Hon. AIA
1652 Matterhorn Circle (since 1972), Vail CO (since 1970)
susan.bristol@gmail.com – 970‐476‐2608
cc: towncouncil@vailgov.com, srobson@vailgov.com, letters@vaildaily.com, valleyvoices@vaildaily.com
NB: This is a redraft of my letter of 15 July 2020.
16 July 2020
Letter to the Vail Town Council and to the Vail Town Manager Mr. Robson,
The Vail Town Council is in danger of abrogating its responsibility for wise and strong management of TOV
funds and initiatives. The danger lies in an approval of the proposed MOU between the TOV, Vail Resorts and
Triumph Development as currently written. As the Vail Town Council is elected by citizens to represent their
concerns, to share that responsibility with or to be unduly pressured by any other entity would be a travesty of
the worst kind.
The purpose of the MOU, as I understand it, is to assure the transfer of ownership of the so-called Vail Heights
property from Vail Resorts to the TOV, giving consideration to Vail Resorts’ agreement with Triumph
Development – a simple agreement that would assure that Triumph Development would be allowed to
construct a number of housing units equal to those approved by the PEC for the Booth Heights property –
144+/- units and giving Triumph right of first refusal to redevelop the Timber Ridge Village Apartments. The
transfer of title to Booth Heights from Vail Resorts to TOV should be no later than the date a C/O is issued for
the Middle Creek development, rather than being dependent upon a number of other proposed factors.
Subsequently the so-called Vail Heights property should in the MOU be declared immediately by the TOV to be
“Designated Open Space” protected in perpetuity.
In an effort to be inclusive in delineating the MOU, the above process has muddied the waters. The Town
Council should retain its authority to allocate funds and determine timing for housing development within the
TOV as and when funds are deemed sufficient and a need is agreed upon by the Council. Representing the
citizens of Vail, the Council should not be held hostage to imposed declarations regarding timing and funding
by any other entity.
The aggressive proposals for “ALTERNATIVE HOUSING SITES INITIATIVE” now included in the MOU
proposal should be entirely separate from the timely MOU agreement to settle the issue of Booth Heights.
In its proactive proposals for workforce housing, the VLHA should be reminded that the citizens of Vail have
been involved for many years prior to the VLHA’s creation in the thoughtful preservation of the rare open space
within the Town of Vail. Case in point is the successfully litigated preservation of the three benches of Donovan
Park legally based on their purchase via RETT funds by the Town. The VLHA was formed to consider the
issue of workforce housing, not to be a tail wagging the dog/Town Council. In any case rezoning of any of our
Open Spaces should be extensively examined by the Town Council and very possibly be put to a citizens’
vote, considering the divisiveness of the Vail Heights process produced within our town. Let us have Peace
and trust in our Vail Town Council.
Respectfully,
Susan Bristol, Hon. AIA
1652 Matterhorn Circle (since 1972), Vail CO (since 1970)
susan.bristol@gmail.com – 970-476-2608
cc: towncouncil@vailgov.com, srobson@vailgov.com, letters@vaildaily.com, valleyvoices@vaildaily.com
NB: This is a redraft of my letter of 15 July 2020.
1
Tammy Nagel
From:Audre L Engleman <audreengleman@hotmail.com>
Sent:Thursday, July 16, 2020 5:19 PM
To:Dave Chapin
Cc:'towncouncil@vailgov.com'; 'srobson@vailgov.com'
Subject:Please vote against the Booth Heights MOU
Hi Mayor Dave and the rest of the Council Members,
I encourage you to vote against the Memorandum of Understanding for the Booth Heights/Middle
Creek land swap that has been presented to you. It creates complications by introducing the Alternative
Housing Sites Initiative into what should be a singular focus on the Bighorn Sheep and the preserving their
habitat adjacent to the Booth Heights development.
It is aggravating to the 10th degree to threaten the simple land swap in the way that the MOU does and
to re-open the wounds of our community with a fight over this MOU.
Please don’t vote for the MOU. Thanks for considering my comments and hope that you stay healthy.
Audre Engleman, Vail
Audre Engleman
Four Seasons Private Residence 9204
One Vail Road
Vail, CO 81657
Home phone: (970) 477-8600, unit 9204
Audre Cell: (970) 306-5706
Audre e-mail: audreengleman@hotmail.com
Photos: aledm.fototime.com
Blog: travelingloveaffair.blogspot.com
From:mike Halpert
To:Council Dist List
Subject:Town MOU and Donovan Park Middle Bench
Date:Tuesday, July 14, 2020 7:24:23 AM
Members of Council- I am Michael Halpert 1054 Homestake Circle-TOV
and a resident for over fifty years.
Please note I object strongly to the effort to add the Alternative Housing Sites
to the MOU as presented for Booth Creek
I also object and feel very firm in my ideas as a long time local citizen
that the Donovan Park Middle Bench is open space as provided for
by the taxation program and is indeed intended to be for perpetuity.
Why the Town Staff insist on trying to break covenants that are
meant for the long term as providers for decent planning,
shows a complete lack of respect for the voting public.
Respectfully submitted
Michael P Halpert
.CEO/PHILHIDE
970 476B 5301
215 790 1717
mikehalpert79@gmail.com
hidemogul@aol.com
CALL TO ACTION REGARDING BOOTH HEIGHTS
MEMORANDUM OF UNDERSTANDING
Extremely Important Town Council Public Hearings, July 21 & August 4, 6 pm
If you are concerned about the protection of the Bighorn sheep or preservation of TOV open space, you
should attend or join Zoom for these public hearings because both issues will be on the table at those
hearings. Both will be in-person hearings and, while COVID-19 rules will be in place, you will be able to
appear before the Council and make your views and opinions known. This is EXTREMELY IMPORTANT
because the Council does respond to public input.
On the Agenda: Review and approval of a draft Memorandum of Understanding (MOU) for
the Booth Heights/Middle Creek land swap, critical to the protection of the Bighorn sheep.
What's at Stake:
Instead of a simple land swap, the MOU incorporates the Vail Local Housing
Authority’s (VLHA) "Alternative Housing Sites Initiative" (AHSI), a plan which seeks
to rezone and develop certain other properties for employee housing including the
Middle Bench of Donovon Park.
To force the development of those other properties, the MOU delays Booth Heights
title transfer to the TOV for 3 years or more, even after the completion of the Middle
Creek project, holding open the possibility of future development of Booth Heights if
certain VLHA goals to create an additional 450- employee housing units are not met.
The AHSI has not had any public vetting or Council approval. If approved as part of
the MOU, it turns what was believed to be a simple land swap into a housing project
to add a net of 450 new deed-restricted units before the Booth Heights title will
transfer to the TOV. Thus, the Town Council could only achieve its purpose of
From:David Ruttum
To:Council Dist List
Subject:Fwd: Important activity regarding Booth Heights and bighorn sheep
Date:Tuesday, July 14, 2020 2:20:09 PM
Town Council
I am in favour of a simple land swap to protect the sheep. I am against a complicated swap involving
housing.
David Ruttum
1388 Buffehr Creek Road
Begin forwarded message:
From: Citizens for Responsible Government
<citizens.responsiblegovernment@gmail.com>
Date: 14 July 2020 at 06:50:56 GMT-6
To: dmruttum@gmail.com
Subject: Important activity regarding Booth Heights and bighorn sheep
Reply-To: <citizens.responsiblegovernment@gmail.com>
protecting the sheep if it accedes to the VLHA's plans.
Attached below is a memo prepared by the Vail Homeowners Association (VHA) and
shared with us. It is worth the read as many alarming details are brought to light.
We encourage everyone to take the time to read the proposed Memorandum of
Understanding, which can be found on the TOV website or go to this link:
https://vail.novusagenda.com/agendapublic/CoverSheet.aspx?
ItemID=13177&MeetingID=1129 before participating in the upcoming meetings. The
issues at stake are hidden near the end of the MOU document and are pointed out in the
attached newsletter from VHA.
For anyone who is not comfortable going to meetings, The Town of Vail continues
to offer remote Zoom opportunities for public input for Town Council, DRB and PEC
meetings at: https://www.vailgov.com/town-council
We urge you to write letters to the Town Council and plan on speaking up
about a document that, in its current form, encumbers the goal of saving the
Bighorn sheep!
******************
VAIL HOMEOWNERS ASSOCIATION
July 13, 2020
CALL TO ACTION
Extremely Important Town Council Public Hearings,
July 21 & August 4, 2020
On these dates there will be important public hearings concerning protection of the bighorn
sheep and preservation of TOV open space. Both meetings will begin at 6 p.m., and while
COVID-19 rules will be in place, you will be able to appear before the Council and make
your views and opinions known. This is EXTREMELY IMPORTANT because the Council
does respond to public input.
What’s at Stake. These public hearings are for the purpose of reviewing a draft
Memorandum of Understanding (MOU) which is intended to set forth the parties’ objectives
in replacing the Booth Heights development with one at Middle Creek. Unfortunately, it
goes far afield and, once again, puts the sheep in jeopardy. It also proposes invading open
space lands, namely the Donovan Park Middle Bench.
If these are matters that concern you, the VHA urges you to read on. Regrettably, this is a
lengthy document but that is because the proposals are complicated and convoluted, and
it, therefore, takes time to explain them.
The MOU. Much of the draft MOU outlines a straightforward land swap in which the Booth
Heights property would be exchanged for an alternative housing site at Lot 3 of the Middle
Creek property where Triumph can construct an equal number of housing units (144 or
more units). The TOV will in turn receive title to the Booth Heights property, and it, along
with a large swath of USFS adjacent property, will be restored and enhanced as sheep
foraging land, all in all, a win-win proposition for all involved and importantly for the
sheep. As enticement for the deal, certain costs will be funded by the TOV, and Triumph
will get a right of first refusal to redevelop the Timber Ridge Village Apartments.
If that had been the extent of the MOU, it would have been the “win-win” deal that was
proposed by the Town Council, one which the VHA would have enthusiastically
supported. But instead of just dealing with the proposed land swap, the draft of the MOU
seeks to sweep in the Vail Local Housing Authority’s (VLHA) “Alternative Housing Sites
Initiative” which would turn a straightforward land swap on its head, making the MOU a
VLHA housing plan that puts the sheep in jeopardy and threatens development of the
Donovan Park Middle Bench.
Sheep and Donovan Park Middle Bench in Jeopardy. The sheep are put in jeopardy by
delaying the transfer of title to Booth Heights until 450 units of additional housing have
been built; failing which, Booth Heights would still be built even if Middle Creek is built and
occupied. When the MOU was explained at last Tuesday’s Town Council meeting, there
was no mention that either Vail Resorts or Triumph wanted to withhold transfer of title. That
is no surprise because neither Vail Resorts or Triumph is looking for this deal to be a
matter of negative publicity. So what is left is that the current draft is something that has
been dreamed up by housing advocates as a means of forcing the approval of the housing
projects set forth in the VLHA Alternative Housing Sites Initiative, including putting housing
on the Middle Bench of Donovan Park. And to make sure that happens, title to Booth
Heights would be held hostage until the VLHA's Alternative Housing Sites plan was
accomplished.
The Alternative Housing Sites Initiative (AHSI). The AHSI is a little-known five-year plan
of the VLHA to rezone and/or develop certain properties for employee housing. It has not
been the subject of any public hearing nor has it been officially approved by the Town
Council. It does, nonetheless, include the Middle Bench of Donovan Park as a future
housing site. Other sites targeted for rezoning and/or development in that plan are the
Timber Ridge Village Apartments, a CDOT East Vail site and West Middle Creek.
The AHSI was developed because the VLHA is significantly behind in its plan to create
1,000 housing units by 2027, and the VLHA saw the sheep situation as an opportunity to
force agreement to the AHSI projects by incorporating them into the MOU and tying them
to the transfer of the Booth Heights title. Thus, even though that AHSI has not been
formally approved, if it slips by as part of the MOU, the VLHA will be able to claim that it
has been adopted and that its provisions must then be followed, i.e., it could, for example,
“stack the deck” for the rezoning of the Middle Bench of Donovan Park. At the very least, it
would force approval of the AHSI projects since, if the community didn't go along with
future housing projects proposed by the VLHA up to 450 units, the transfer of the title to
Booth Heights would not happen, and the sheep would be put, once again, in jeopardy.
How the AHSI Is Tied Into the MOU. The AHSI is tied into the MOU both by its title,
“MEMORANDUM OF UNDERSTANDING ALTERNATE HOUSING SITES INITIATIVE,”
and the second Whereas clause of the MOU which states that it is intended to “implement
the Alternative Housing Sites Initiative.” As acknowledged at Tuesday’s Council meeting,
the purpose of that is to create a long-range housing plan as part of the MOU. But the tie-
ins are much more extensive and insidious.
One would think that when the Middle Creek development is completed (by November
2022) title to the Booth Heights property would have also been transferred to the TOV. But
to ensure that there is no interference with the AHSI projects, the proposed MOU would
delay title transfer until the acquisition of a net 400 additional new housing units (a number
that was upped at last Tuesday's Council meeting to 450 units) which must include
completion of the Timber Ridge redevelopment (with at least 100 additional units).
Since the Timber Ridge redevelopment is not scheduled to be finished until October 2024
and who knows when the TOV will reach an additional 450 housing units (the new Middle
Creek project and Timber Ridge are only projected to yield an additional 244 units), title
transfer would be delayed until probably 2026 or later. All during that time, title to the land
and protection of the sheep could be held hostage to prevent opposition to VLHA’s plans
because, if they are not completed, Booth Heights would then be developed. Indeed, that
very scenario is expressly provided for in the MOU. This is the very thing that the land
swap was supposed to prevent.
The specific provisions of the draft MOU that implement this plan are: ¶¶ 4(k)(ii) & (iii) and
¶ 5(g) Step Seven which delays transfer of title until the completion of both the Timber
Ridge redevelopment (with 100 additional units) and the TOV’s acquisition of a net 400
additional new housing units, ¶ 4(d) which provides for a transfer of title never taking place,
even if the Middle Creek development is completed, and for Vail Resorts to ultimately also
develop Booth Heights, ¶ 3(c)(v) which provides that one of the desired outcomes for Vail
Resorts is the use of Booth Heights to advance the VLHA goal of achieving 1000 housing
units by 2027 and ¶ 5(c) Step Three which provides that, as part of the land swap, the TOV
will seek rezoning to increase the amount of Housing (H) District property. As already
noted, the Middle Bench of Donovan Park is on the AHSI list for rezoning.
Cart Before the Horse. This scheme reveals a lack of trust in the normal processes of
government. There is no reason that the VLHA could not have already proceeded with the
AHSI plans on its own, separate and apart from the Booth Heights/Middle Creek swap,
except that housing advocates do not trust the process. As a result, the community is now
confronted with an MOU that seeks to force rezoning and development approval by holding
up title transfer and threatening the development of Booth Heights and the Donovan Park
Middle Bench even if Middle Creek is built and occupied.
Inclusion of Middle Bench Particularly Egregious. The inclusion of the Donovan Park
Middle Bench in the AHSI plan is particularly egregious given its history. That land was
purchased by the TOV in 1978 to be held as open space. The funds came from RETT
funds that were dedicated to the acquisition of open space land. In keeping with that
purpose, the land was zoned “Agriculture and Open Space.” Further reinforcing the intent
that this property was to be open space in perpetuity is the Town 1985 Master Plan for
Ford and Donovan Parks. As stated in that Plan, its purpose was to see to it that those
places “will be protected from development and will serve to maintain the quality of life for
residents and visitors to the Vail area.”
This is not the first time that an attempt has been made to convert this property to
housing. In the late 1990s, there was a proposal to put employee housing on the Middle
Bench. Town residents rose up and litigation ensued. That litigation was finally resolved
when the Town relented and agreed to abandon its plan. There was also even a plan to
put a cemetery on the Middle Bench, but again, Town residents rose up to stop it.
The VLHA, however, decided to ignore this history and, once again, proceed with trying to
put employee housing on the Middle Bench. It is for that very reason that the VHA has
requested that the Open Space Trustees and Town Council designate the Upper and
Middle Benches of Donovan Park as “Designated Open Space.”
There is No Need to have Another Controversial Dispute. Rather than another
controversial dispute, the VHA urges that the Town work with the community to achieve its
goals. The VHA believes there is broad agreement on the need for more affordable
housing and that there would be support for a comprehensive plan to achieve that goal,
including the redevelopment of Timber Ridge. The VHA also believes that such a plan
could be achieved without placing the sheep or the Middle Bench of Donovan Park in
jeopardy.
There is no reason why the Town could not adopt an Affordable Housing Master Plan that
would provide for the rezoning and/or development of affordable employee housing at the
specific properties that have already been identified: Timber Ridge, West Middle Creek,
the CDOT East Vail site, and the Public Works Maintenance facility. Specific goals for each
site have already been identified which could be incorporated in the Master Plan. Such a
Master Plan would be an official commitment to those projects which could then be
executed at times most advantageous to the Town’s needs and capabilities. For example,
if demand for housing plummets in the wake of the pandemic, Timber Ridge could be
postponed until housing demand returns which would allow more time to pay down existing
debt. Such a Master Plan could have already been proposed, and there is no reason it
could not now be adopted. And such a plan would eliminate the need to postpone title
transfer of the Booth Heights property or continue to seek to use the Middle Bench of
Donovan Park as a possible housing site.
If housing advocates still didn’t trust the process, even with the adoption of an Affordable
Housing Master Plan, they could urge the Town to immediately proceed with rezoning of
the West Middle Creek site. The VHA believes that there would be community support for
that rezoning which would demonstrate assurance that the plan would be executed as
presented, another step that would alleviate the need for delaying the Booth Heights title
transfer.
Changes Needed. To make the MOU the “win-win” proposition that was originally
proposed and to eliminate another potentially huge controversy, the VHA urges that the
following changes be made:
1. There should be no delay in the transfer of title. The Booth Heights title should
transfer no later than when a C/O issues for the Middle Creek development. Anything less
is a recipe for disaster. Paragraphs 4(k)(ii) & (iii) [should be “iii” and “iv” as there are two
“ii”] and ¶ 5(g) Step Seven, concerning the delay in the transfer of title should be deleted
and replaced with a provision that title shall transfer no later than on the issuance of the
Certificate of Occupancy for the Middle Creek development.
2. The MOU should NOT be used to create a separate housing plan. The MOU should
address only the swap of Middle Creek for Booth Heights. The AHSI should not be
incorporated into the MOU. The title to the MOU should be changed to just “Memorandum
of Understanding,” and the reference to the AHSI in the second Whereas clause should be
eliminated. In addition, ¶ 3(c)(v) which provides that one of the desired outcomes of the
MOU is the use of Booth Heights to advance the VLHA goal of achieving 1000 housing
units by 2027 should be deleted. To be clear, the VHA does not object to the provision
giving Triumph Development a right of first refusal on the redevelopment of Timber Ridge;
it just believes that the provisions for that redevelopment should be in a separate plan.
3. There should be no provision to allow Booth Heights to be developed if Middle
Creek is built. Paragraph 4(d), which provides that even if the Middle Creek development
is completed Vail Resorts could ultimately also develop Booth Heights, should be deleted.
4. The MOU should not be used to lay the groundwork for rezoning of other
properties. Paragraph 5(c) Step Three, which provides that, as part of the land swap
process, the TOV will seek rezoning to increase the amount of Housing (H) District
property, should be deleted. The TOV is free to seek rezoning of any property it owns but
that should not be tied into the MOU or be the subject of any contention that the rezoning
was pre-approved by the approval of the MOU.
5. Extension of development rights should only be until the completion of the Middle
Creek development. Paragraph 3(c)(ii) should be amended to provide that the extension
of development and vested rights is solely for the purpose of facilitating the land swap and
shall not extend beyond the completion of the Middle Creek development.
6. Booth Heights should be declared to be “Designated Open Space.” The MOU
should also provide in ¶ 3(a)(ii) that once the TOV acquires title to the Booth Heights
property it will immediately take the necessary steps to have it designated as “Designated
Open Space” land pursuant to § 13-11 of the Town Charter. By so designating the property
that will, absent a vote of the Town citizens, take it off the table for future development
schemes.
7. The Middle Bench of Donovan Park should not be developed. In addition to clearing
up the provisions of the MOU, the Town Council should also make clear that the Upper
and Middle Benches of Donovan Park should not be rezoned or otherwise developed in
any way. Those properties should also be designated as “Designated Open Space.”
8. The Town should pursue other means for a Housing Plan. The Town should
proceed with the development of an Affordable Housing Master Plan to designate the
steps going forward to achieving the 2027 Housing Plan.
Not Deal Breakers. None of the above changes to the MOU or the protection of Donovan
Park would be deal-breakers since none affect the rights of Vail Resorts or Triumph
Development. All only affect the plans of the VLHA which would remain free to pursue its
goals as it sees fit and proper.
These Will Be Difficult Meetings. These issues are extensive and complicated and
cannot be covered in any meaningful way in only a few minutes. It is hoped that the Mayor
will exercise discretion in applying the three-minute rule to allow the community to fully
discussed the issues. Every citizen has the right to be heard, so the VHA urges that you
get prepared to make your points. You will be able to appear and personally address the
Council (there will probably be a sign-in procedure for that purpose).
What You Need to Do. All need to be involved. Everyone should review the draft MOU. It
is an attachment to item 6.2 on the TOV July 7th agenda, found
at: https://vail.novusagenda.com/agendapublic/MeetingView.aspx?
MeetingID=1129&MinutesMeetingID=-1&doctype=Agenda.
If you don’t want to speak or cannot make the meeting, you can send written comments in
advance of the meetings to the Town Council and the Town Manager
at: towncouncil@vailgov.com and srobson@vailgov.com. Or you may join the meeting via
Zoom. Even if you plan to attend, you may still want to submit written comments. For all
who can do so, please mark your calendars for 6 p.m. on July 21 and August 4 and plan to
be present to make sure that the MOU that is approved by the Council truly reflects the
purpose of this proposal and does not contain any unnecessary provisions or other
agendas that could have disastrous consequences down the road.
*****
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Citizens for Responsible Government · 2875 Manns Ranch Rd · Vail, CO 81657-4645 · USA
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: Ordinance No. 8, S eries 2020, F rist Reading, An Ordinance Making Adjustments
to the Town of Vail General Fund.
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: A pprove or approve with amendments Ordinance No.
8, Series 2020.
B AC K G RO UND: P lease see attached memo.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 8, Series
2020.
AT TAC H ME N TS:
Description
Economic Relief Budget Supplemental
July 21, 2020 - Page 84 of 89
TO: Vail Town Council
FROM: Finance Department
DATE: July 21, 2020
SUBJECT: Ordinance 8, Series 2020 Budget Supplemental for Economic Relief Efforts
I.SUMMARY
The purpose of this supplemental is to appropriate funds for the town’s commercial rent
relief program.
II.DISCUSSION
Commercial Rental Relief Program:
The Vail Economic Advisory Committee (VEAC) and town staff are currently working to
develop a unique model to support commercial rent for local storefront businesses in
Vail in response to economic impacts of the public health crisis. While staff will present
the final program for Council approval on August 4, staff is requesting that Town Council
appropriate the dollars in the town budget so that upon finalization of the program it can
be implemented immediately. Based on initial estimates and information from similar
programs in Breckenridge and Aspen, staff proposes to allocate $1,000,000 of General
Fund reserves for this program.
Additional economic recovery efforts also proposed in this budget supplemental include:
•$26K entertainment infrastructure in Ford Park lower bench area (stage and PA
system rental)
•$50K placeholder for entertainment activation in Ford Park lower bench area
•$20K placeholder for music activation in the villages
•$25K placeholder for additional recovery efforts (such as branded masks, etc)
This will result in an ending fund balance of $28.7M, or 65% of normal annual revenues.
III.ACTION REQUESTED
Staff requests that the Town Council, approve Ordinance No.8, allocating $1,000,000
of General Fund reserves for the town’s commercial rent relief program, and $121,000
of additional economic recovery efforts.
July 21, 2020 - Page 85 of 89
SignificantMajorCrisisProposed2020 1st COVID-19 2020 2nd COVID-19 COVID-19 20203rd2020BudgetSupplemental Adjustments Amended Supplemental Adjustments Adjustments Amended Supplemental AmendedRevenueLocal Taxes:28,524,000$ (7,150,000)$ 21,374,000$ (2,174,000)$ (2,400,000)$ 16,800,000$ 16,800,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/3866/3468/3268/32 Sales Tax17,685,000 (3,575,000) 14,110,000 (1,054,000) (1,632,000) 11,424,000 11,424,000 Property and Ownership5,900,000 5,900,000 5,900,000 5,900,000 Ski Lift Tax5,300,000 (1,060,000) 4,240,000 (90,000) (270,000) 3,880,000 3,880,000 Franchise Fees, Penalties, and Other Taxes1,175,440 400,000 1,575,440 1,575,440 1,575,440 Licenses & Permits2,400,000 2,400,000 (478,634) 1,921,366 1,921,366 Intergovernmental Revenue2,075,088 250,000 (198,400) 2,126,688 36,460 (175,088) (11,800) 1,976,260 1,976,260 CARES Transit Grant- - 916,000 431,000 1,347,000 1,347,000 Transportation Centers6,360,000 (1,029,600) 5,330,400 (416,000) (700,000) 4,214,400 4,214,400 Charges for Services 1,025,918 1,025,918 (16,431) 1,009,487 1,009,487 Fines & Forfeitures250,476 250,476 250,476 250,476 Earnings on Investments500,000 (300,000) 200,000 200,000 200,000 Rental Revenue1,093,178 4,080 (90,000) 1,007,258 (112,000) (20,000) 875,258 875,258 Miscellaneous and Project Reimbursements251,000 (120,000) 131,000 17,202 148,202 148,202 Total Revenue 44,016,100 654,080 (6,373,000) 38,297,180 53,662 (1,426,153) (2,202,800) 34,721,889 - 34,721,889 ExpendituresSalaries20,499,231 22,857 (568,590) 19,953,498 3,345 (160,000) (476,800) 19,320,043 19,320,043 Benefits 7,377,769 9,143 (204,909) 7,182,003 (22,000) (62,000) 7,098,003 7,098,003 Subtotal Compensation and Benefits27,877,000 32,000 (773,499) 27,135,501 3,345 (182,000) (538,800) 26,418,046 - 26,418,046 Contributions and Welcome Centers289,626 (6,161) 283,465 283,465 283,465 All Other Operating Expenses8,194,158 406,080 (810,363) 7,789,875 50,317 (122,151) (111,706) 7,606,335 121,000 7,727,335 Heavy Equipment Operating Charges2,530,419 (253,042) 2,277,377 (17,050) 2,260,327 2,260,327 Heavy Equipment Replacement Charges845,122 845,122 845,122 845,122 Dispatch Services661,194 (66,119) 595,075 66,119 661,194 661,194 Total Expenditures40,397,519 438,080 (1,909,184) 38,926,415 53,662 (238,032) (667,556) 38,074,489 121,000 38,195,489 Transfer to Marketing & Special Events Fund(2,866,211) (65,000) 50,000 (2,881,211) 288,121 576,244 (2,016,845) (2,016,845) Total Transfers(2,866,211) (65,000) 50,000 (2,881,211) - 288,121 576,244 (2,016,845) - (2,016,845) Planning ProjectsVail 2030(300,000) 300,000 - - - Civic Area/Dobson Master Plan(250,000) 50,000 (200,000) (200,000) (200,000) West Vail Master Plan(325,000) (325,000) (325,000) (325,000) COVID-19 Vail Community Relief Fund- (500,000) (500,000) (500,000) (500,000) COVID-19 operating expenses- - (141,000) (141,000) (141,000) Commerical Rent Relief Program- - - (1,000,000) (1,000,000) Total Expenditures44,138,730 1,003,080 (2,309,184) 42,832,626 53,662 (526,153) (1,102,800) 41,257,334 1,121,000 42,378,334 Surplus (Deficit) Net of Transfers & New Programs(122,630) (4,535,446) - (900,000) (1,100,000) (6,535,445) (1,121,000) (7,656,445) Beginning Fund Balance32,144,411 4,162,253 36,306,665 (900,000) (1,100,000) 36,306,665 36,306,665 Ending Fund Balance32,021,782$ 31,771,219$ 29,771,219$ 28,650,219$ As % of Annual Revenues73% 72% 68% 65%EHOP balance included in ending fund balance - not spendable 890,000$ 466,400$ 1,190,000$ 1,190,000$ 1,190,000$ TOWN OF VAIL 2020 AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCEGENERAL FUND 2July 21, 2020 - Page 86 of 89
Ordinance No. 8, Series of 2020
ORDINANCE NO. 8
SERIES OF 2020
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND OF THE 2020 BUDGET FOR THE TOWN OF VAIL, COLORADO; AND
AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2020 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
13, Series of 2019, adopting the 2020 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1.Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2020 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 1,121,000
Total $ 1,121,000
2.If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3.The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4.The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
July 21, 2020 - Page 87 of 89
Ordinance No. 8, Series of 2020
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herei n.
5.All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 21st day of July, 2020, and a public hearing shall be held on this Ordinance
on the 4th day of August, 2020, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Dave Chapin, Mayor
ATTEST:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
4th day of August.
_____________________________
Dave Chapin, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
July 21, 2020 - Page 88 of 89
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 djournment 9:00 pm (estimate)
July 21, 2020 - Page 89 of 89