The URL can be used to link to this page

Home My WebLink About2021-01-19 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 T IN G E vening Agenda Virtual 6:00 P M, January 19, 2021 Meeting to be held Virtually (access H igh Five Access Media livestr eam 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 change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.December 1, 2020 Town C ounc il Meeting Minutes 3.2.December 15, 2020 Town Council Meeting Minutes 3.3.Resolution No. 4, Series of 2021, A Resolution of the Vail Town Council Ratifying the Town Manager's Emergency Order W aiving Certain Local Liquor License Fees for the Town of Vail Action Requested of Counc il: A pprove, approve with amendments or deny Resolution No. 4, Series of 2020 Bac kground: Due to Senate Bill 20B-001 the Colorado Department of Revenue Liquor Enforc ement waived fees for new applic ations, renewal, late renewal, reissuance renewal, and C OV I D-19 Temporary Modific ation for spec ific liquor license ty pes from D ec ember 7, 2020 to December 7, 2021. The attac hed resolution would run parallel with the states liquor fee schedule and waive the loc al fees for the same. 3.4.Resort Entertainment for A mbient Entertainment Funding A greement Bac kground: I n response to the C OV I D -19 pandemic, the Town has experimented with providing ambient, surprise and delight, entertainment in the village core areas. Town C ounc il has budgeted $300,000 for the continuation of this programming in 2021. Town Staff has engaged Resort January 19, 2021 - Page 1 of 66 Entertainment to program ambient entertainment for the winter season with a budget approved up to $120,000. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement with Resort Entertainment Group in an amount not to exc eed $120,000 for the Ambient E ntertainment program to run through April 15, 2021. 3.5.Children's Garden of Learning Modular Vendor Contrac t Award Bac kground: The Town of Vail is planning on relocating the C hildren's Garden of Learning from Middle C reek Lot 3 to the Lionshead Oversize Parking Lot for the next 3-5 years. A Request For Proposals was issued for a Modular Vender to construct 5 Modular Buildings for this temporary move. Staff Rec ommendation: Authorize the Town Manager to enter into a contract with Palomar Modular Buildings in an amount not to exc eed $760,000; and to not pursue the VC G deduc t option in c onsideration of the overall quality and design of the building, and the efforts the town is taking to make sure it does not look or feel like a modular building. 3.6.Public W orks Shop Project X cel Energy Upgrades Expenditure Authorization Bac kground: The Public W orks Shop expansion was approved within the 2021 budget proc ess. I norder to stay on sc hedule for a spring 2021 construction start. The Xc el Energyinfrastruc ture serving the P ublic W orks complex needs to be upsized. The TownStaff worked with X cel Energy designers to ensure this upgrade will not only servethe current projec t but will ac commodate all future masterplan elements includingadditional housing. The work is more extensive than most upgrades. The work willtake plac e from intersection of Vail Valley Drive and Sunburst Drive to the Town ofVail Shop Building. This work will be disruptive to the acc ess to the shop andc oordinating the construction in a May time frame is the least impac tful. Authorizingthe expenditure now facilitates sc heduling with X cel energy as construction scheduleand priorities are based on actual payment in advanc e of the construc tion. The c ostof the work is $ 245,000. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with X cel Energy to upgrade utility facilities serving the Public W orks Shop c omplex in the amount not to exc eed $245,000. 4.Town Manager Report (10 min.) 4.1.Update about Council Chambers Remodel 4.2.Vail D estination Straw P oll Report (short-term occupanc y report) 5.P resentations / Discussion 5.1.EC Alert Update 5 min. Presenter(s): Marc W entworth, Vail Public Safety Communications C enter Director Action Requested of Counc il: Listen to disc ussion and ask questions. Bac kground: Everbridge was selec ted as the messaging vendor by the E911 Authority Board in 2014, chosen to replace the previously used ‘Roam Sec ure’ software. This contract and billing model is set to change January 19, 2021 - Page 2 of 66 with our contract renewal in Marc h 2021, we must change our messaging practic es to avoid an approximate tripling of that cost. S inc e the c ost inc rease is due to the sheer volume of S MS messaging that the communication c enter sends out, the simplest and most efficient way to make these changes is to use the Everbridge App whic h allows us to send the same volume of messaging as we do c urrently through the app, with no added cost. 6.Action Items 6.1.Resolution No. 3, Series of 2021, A Resolution Approving a Pre- Development Agreement B etween the Town of Vail and Triumph Development W est L L C . 45 min. Presenter(s): George Ruther, Housing Director; and Matt Mire, Town Attorney Action Requested of Counc il: A pprove, approve with modifications, or deny Resolution No. 3, Series of 2021. Bac kground: The purpose of this agenda item is to present a summary of the terms of a pre-development agreement by and between the Town of Vail and Triumph Development W est, LLC. The terms of the agreement are intended as initial steps to fac ilitate the future development of deed- restric ted homes on Lot 3, Middle Creek Subdivision ( the “Middle C reek Projec t”) and Lot 1, Timber Ridge Subdivision ( the “Timber Ridge Projec t”). The agreement serves, in part, to advance the strategic ac tions of the Vail Town Council’s Alternate Housing Sites I nitiative. Staff Rec ommendation: Approve Resolution No. 3, Series of 2021. 7.P ublic Hearings 7.1.Ordinanc e No. 1, Series of 2021, Second Reading, An Ordinanc e Repealing and Reenacting C hapter 2 of Title 6 of the Vail Town Code Regarding Procedures for Disposing on Unclaimed Property in the Town 5 min. Presenter(s): Craig Bettis, Vail Polic e Commander Action Requested of Counc il: A pprove, approve with amendments or deny Ordinanc e No. 1, Series of 2021 upon second reading Bac kground: Ordinance No. 1, Series of 2021 would update the Vail Town Code to reflec t the recent updates to Unclaimed Property A ct, C .R.S. §§ 38-13-101, et seq. (the "Ac t"). Staff Rec ommendation: Approve, approve with amendments or deny Ordinanc e No. 1, Series of 2021 upon second reading 8.Adjournment 8.1.Adjournment 7:20 pm (estimate) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. January 19, 2021 - Page 3 of 66 January 19, 2021 - Page 4 of 66 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 : December 1, 2020 Town C ouncil Meeting Minutes AT TAC H ME N TS : Description December 1 2020 Town C ouncil Meeting Minutes January 19, 2021 - Page 5 of 66 Town Council Meeting Minutes of December 1, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, December 1, 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was none. 2. Any action as a result of executive session There was no action as a result of executive session. 3. Proclamations 3.1. Proclamation No. 9, Series of 2020, Recognizing Vail Interfaith Chapel as a Historic and Cultural Center in the Town of Vail Presenter(s): Katie Campbell, Vail Religious Foundation Mayor Chapin read Proclamation No. 9, Series of 2020 into the record. Tim Wilbanks, Pastor of the Covenant Presbyterian Church and President of the Vail Religious Foundation, thanked council and the Town of Vail for the partnership in serving the community. Bruno made a motion to approve Proclamation No. 9, Series of 2020; Coggin seconded the motion passed (7-0). January 19, 2021 - Page 6 of 66 Town Council Meeting Minutes of December 1, 2020 Page 2 3.2. Proclamation No. 10, Series of 2019, A Proclamation Declaring December 11, 2020 as "WhoVail Day" Presenter(s): Meredith Macfarlane, General Manager Four Seasons Resort and Residences Vail; Jonathan Reap, Director of Public Relations and Communications Four Seasons Resort and Residences Vail; and the Grinch Mayor Chapin read Proclamation No. 9, Series of 2020 into the record. Scott Gubrud, Four Seasons Resort and Residence of Vail Director of Marketing, read a passage from Dr. Seuss’s How the Grinch Stole Christmas Meredith Macfarlane, General Manager Four Seasons Resort and Residence of Vail, thanked council for declaring December 11th as WhoVail Day. Macfarlane shared that it would be the Four Seasons 10th anniversary of operating in Vail. The Grinch also made an appearance. Bruno made a motion to approve Proclamation No. 10, Series of 2020; Coggin seconded the motion passed (7-0). 4. Appointments for Boards and Commissions 4.1. Appoint four members to Commission on Special Events Presenter(s): Dave Chapin, Mayor Langmaid made a motion to appoint Alison Wadey, Marco Valenti, Nicholas Conover and Douglas Smith to serve a two-year term on the Commission on Special Events; Foley seconded the motion passed (7-0). 5. Consent Agenda 5.1. Resolution No. 49, Series of 2020, 2021 Intergovernmental Agreement for Housing Related Service with Eagle County Action Requested of Council: Approve, approve with amendments or deny Resolution No. 49, Series of 2020 Background: The Eagle County Housing and Development Authority (the "ECHDA' ') and the Town entered into an agreement dated the 31st day of May 2016, for certain Services. The Original Agreement contemplated that the ECHDA would perform certain Services for the Town with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that the ECHDA completes. ECHDA and Town desire to modify the scope of Services and compensation for 2021 Langmaid made a motion to approve Resolution No. 4, Series of 2020; Foley seconded the motion passed (7-0). January 19, 2021 - Page 7 of 66 Town Council Meeting Minutes of December 1, 2020 Page 3 5.2. Resolution No. 50, Series of 2020, A Resolution Approving an Operating Plan and Budget of the Vail Local Marketing District for its Fiscal Year January 1, 2021 Through December 31, 2021. Action Requested of Council: Approve, approve with amendments or deny Resolution No. 50, Series of 2020. Background: See attached memo. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 50, Series of 2020. Coggin made a motion to approve Resolution No. 50, Series of 2020; Foley seconded the motion passed (7-0). 5.3. Funding Contract with Mountain Commercial Advisors (Management Company for Concert Hall Plaza) for Tenting Program Background: Approval of a funding agreement in the amount of $75,000 to support the construction of winter enclosures on the 4 restaurants of Concert Hall Plaza to provide additional capacity due to COVID-19 restrictions. The four restaurants located in Concert Hall Plaza are Moe's Original BBQ, Steak Shan GO, The Little Diner and Alpen Dogs. Staff Recommendation: Authorize the Town Manager to enter into an agreement on a form approved by the Town Attorney with Hughes Land Holding Trust in the amount of $75,000. Coggin made a motion to authorize the Town Manager to enter into an agreement with Hughes Land Holding Trust in an amount not to exceed $75,000; Bruno seconded the motion passed (7- 0). 6. Town Manager Report Robson congratulated the community for its leadership in climate action efforts upon being given an A-list rating, one of only 88 cities in the world to receive the designation from an industry group. Robson reviewed the current health crisis starting with the executive order he signed on November 23, 2020 limiting private gatherings to a single household stating the message was we wanted to avoid being placed in Red category by the state. The town had been very busy since the mountain had opened and compliance with Vail's mask mandate was very high. Police would respond to complaints. Transit operations continued to be a challenge due to varying guidance communicated by the state. Capacity had been reduced by 50% on the buses. Extra buses are in use on busy routes. Masks are mandated on the bus and at bus stops. Robson stated there was significant support for a 5 Star Program to be implemented in Eagle County. The 5 Star Program was initiated in Mesa County and it allowed for higher occupancy for restaurants and other businesses based on safety protocols. Robson noted Bruno had been coordinating the town's efforts and had involved leadership from Avon, Eagle and Gypsum. Robson shared there had been some discussion about the possibility of bringing in food trucks to help provide additional services for guests. January 19, 2021 - Page 8 of 66 Town Council Meeting Minutes of December 1, 2020 Page 4 Mason clarified the town would seek Vail-based restaurants as it explored the possibility of food trucks. 7. Action Items 7.1. Ordinance No. 21, Series of 2020 Budget Supplemental No. 5, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, and Dispatch Services Fund of the 2020 Budget for the Town of Vail. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve, or approve with amendments Ordinance No. 21, Series 2020. Background: Please see attached memorandum. Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2020. Smith reviewed Ordinance No. 21 Series of 2020 with council stating across all funds the supplemental request adjusted the budget to reflect $9,623,170 of additional revenue and proposed an increase of $2,434,424 to expenditures. General Fund Budgeted revenue would be adjusted by an increase of $5.7M.  $3.8M of the $5.7M increase would be allocated to the General Fund  $1.8M of the increase would be allocated to the Capital Projects Fund. Capital Project Fund would be adjusted by a total of $2,254,000.  $1,824,000 of additional sales tax collections  $120,000 of additional use tax collections  $250,000 increase from the Vail Reinvestment Authority to reimburse the Capital Projects Funds for parking structure capital maintenance at the Lionshead Parking structure. Housing Fund would be increased by $76,053 to reflect Employee Housing Fee in Lieu collections during 2020. Real Estate Transfer Tax Fund would be increased by a total of $2,352,064.  $2,350,000 was year to date RETT collections  $2,064 to recognize donations from First Bank used for Sole Power prizes Dispatch Service Fund would be increased by $14,182 to be offset by corresponding expenditures.  A state reimbursement of $9,334 for dispatch deployments to the Pine Gulch and East Troublesome fires.  $4,848 from the General Fund to cover the Dispatch’s portion of the 2020 vacation buyback program There was no public comment. Council had no questions or comments. January 19, 2021 - Page 9 of 66 Town Council Meeting Minutes of December 1, 2020 Page 5 Coggin made a motion to approve Ordinance No. 21, Series of 2020; Stockmar seconded the motion passed (7-0). 7.2. Ordinance No. 22, Series of 2020, First Reading, An Ordinance Repealing and Reenacting Chapter 2 of Title 6 of the Vail Town Code Regarding Procedures for Disposing on Unclaimed Property in the Town Presenter(s): Craig Bettis, Vail Police Commander Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 22, Series of 2020 upon first reading Background: Ordinance No. 22, Series of 2020 would update the Vail Town Code to reflect the recent updates to Unclaimed Property Act, C.R.S. §§ 38-13-101, et seq. (the “Act”). Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 22, Series of 2020 upon first reading Mire asked council to not take any action on Ordinance No. 22, Series of 2020 at this time. 7.3. Ordinance 23, Series of 2020, An Emergency Ordinance Regarding Private Gatherings and Indoor Dining at Restaurants and Bars in the Town of Vail Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 23, Series of 2020 Background: On March 10, 2020, the Governor of the State of Colorado recognized the COVID- 19 pandemic and declared a state of emergency. On March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter, which declaration was thereafter continued by the Town Council. on November 17, 2020, the Colorado Department of Public Health and Environment ("CDPHE") mandated that all counties in Colorado follow the restrictions outlined in First Amended Public Health Order 20-36, which includes the application of the COVID-19 Dial. Eagle County is currently at Level Orange on the COVID-19 Dial, but without additional action, could move to Level Red. On November 24, 2020, the Town Manager enacted an emergency order regarding private gatherings and indoor dining at restaurants and bars in the town. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 23, Series of 2020 Robson reviewed Ordinance No. 23, Series of 2020 stating the ordinance would extend the executive order Robson signed prior to Thanksgiving in hopes to detour large gatherings. Robson noted the Vail Police dept. did not receive any complaints during the executive order. The executive order would expire on December 8 and this ordinance would extend the executive order for a longer period of time if council desired to do so. January 19, 2021 - Page 10 of 66 Town Council Meeting Minutes of December 1, 2020 Page 6 Council reviewed possible sunset dates for the proposed ordinance reminding each other of the purpose for limiting gathering sizes to one household was to raise awareness and to help bring the number of local infections down. There was no public comment. Coggin made a motion to approve Ordinance No. 23, Series of 2020 with the amendment of a sunset date of December 15, 2020; Stockmar seconded the motion passed (7-0). 8. Public Hearings 8.1. Second Reading of Ordinance No. 17, Series 2020, an ordinance adopting a budget and financial plan and making appropriations to pay the costs, expenses and liabilities of the Town of Vail, Colorado for its fiscal year January 1, 2021 through December 31, 2021. Presenter(s): Kathleen Halloran, Finance Director and Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 17, Series 2020. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 17, Series 2020. Halloran reviewed Ordinance No. 17, Series of 2020 with the council l stating the Total Revenues for all Funds was $70.6M; which was down 19% from 2019 and down 6% from 2020 forecast. Total expenditures for all Funds was $99.5M, but this total included the Public Works Shops project. The total expenditures across all Funds without that project was $82.3M; which was down 4.2% from 2020 original budget. Changes since the first reading on November 17th were as follows: General Fund: • Reduced Mountain Travel Symposium from $163K to $5K due to event moving to 2022 • Carryover unused relief funds to 2021 ($500K Commercial and $130K Community) Capital Projects Fund: • Remove Donovan Pavilion improvements; shifting those dollars forward to 2020 so work could begin Dispatch Service Fund: • E911 Board funded phone system upgrade Halloran provide a high-level review of the Fund statements.  General Fund Balance $33.8M Capital Projects Fund Balance: $16.6M  RETT Fund Balance: $8.9M Marketing Fund Balance: $358K  Heavy Equip. Fund Balance: $1.8M Dispatch Fund Balance: $1.3M  Health Insurance Fund Balance: $3.7M Timber Ridge Fund Balance: $700K There was no public comment. January 19, 2021 - Page 11 of 66 Town Council Meeting Minutes of December 1, 2020 Page 7 Council had some questions concerning the Buffehr Creek turn lane listed under the capital projects and agreed to remove that project out of the budget at this time. Coggin made a motion to approve Ordinance No. 17, Series of 2020 with the amendment of removing the $100,000 for the Buffehr Creek turn lane capital project from the 2021 budget; Foley seconded the motion passed (7-0). 8.2. Second reading of Ordinance No. 18 Series of 2020, An Ordinance Providing for the Levy Assessment and Collection of Town Ad Valorem Property Taxes Due for the 2020 Tax Year and Payable in the 2021 Fiscal Year. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 18, Series 2020. Background: The town is required by Colorado state law to certify the mill levy by December 15th of each year. Staff Recommendation: Approve or approve with amendments Ordinance No. 18, Series 2020. Smith reviewed Ordinance No. 18, series of 2020 with council stating the ordinance had been updated to reflect revised assessed valuations from the county. The valuations decreased by 0.48% from earlier estimates, or approximately $27,143 impact to the previous valuation. The property tax authorized by the ordinance would generate $5,688,151 in revenue in 2021, representing approximately 8% of the town’s total revenue. There was no public comment. Council had no comments or questions. Coggin made a motion to approve Ordinance No. 18, Series of 2020; Foley seconded the motion passed (7-0). 8.3. Ordinance No. 20, Series of 2020, Second Reading, An Ordinance Amending Chapter 4 of Title 5 of the Vail Town Code to Increase the Age to Purchase, Possess, Consume or Use a Tobacco or Nicotine Product Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 20, Series of 2020 upon second reading. Background: In 2020, the Colorado General Assembly enacted House Bill 20-1001, which increases the age to purchase, possess, consume, or use tobacco or nicotine products from 18 years to 21 years. The Town is required to similarly increase the age to purchase, possess, consume, or use tobacco or nicotine products in Town. January 19, 2021 - Page 12 of 66 Town Council Meeting Minutes of December 1, 2020 Page 8 Mire stated there were no changes to Ordinance No. 20, Series of 2020 since first reading. There was no public comment. Council had no comments or questions. Coggin made a motion to approve Ordinance No. 20, Series of 2020; Mason seconded the motion passed (7-0). 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 7:31 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 13 of 66 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 : December 15, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description December 15, 2020 Town C ouncil Meeting Minutes January 19, 2021 - Page 14 of 66 Town Council Meeting Minutes of December 15, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, December 15, 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 Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was none. 2. Any action as a result of executive session There was none. 3. Proclamations 3.1. Proclamation No. 11, Series of 2020, Recognition of Years of Service for Beth Slifer on Vail Local Marketing District Advisory Council Presenter(s): Dave Chapin, Mayor Mayor Chapin read Proclamation No. 11, Series of 2020 into the record. Slifer thanked council for the kind words and stated she had loved the responsibility and is proud to have worked with other members of the team to increase summer marketing results every year. She said it had been a work of love. Bruno made a motion to approve Proclamation No. 11, Series of 2020; Langmaid seconded the motion passed (7-0). January 19, 2021 - Page 15 of 66 Town Council Meeting Minutes of December 15, 2020 Page 2 4. Consent Agenda 4.1. November 3, 2020 Town Council Meeting Minutes Foley made a motion to approve the November 3, 2020 meeting minutes; Coggin seconded the motion passed (7-0). 4.2. November 17, 2020 Town Council Meeting Minutes Foley made a motion to approve the November 17, 2020 meeting minutes with a minor correction (date change) to 4.2; Coggin seconded the motion passed (7-0). 4.3. Resolution No. 51, Series of 2020, A Resolution Approving An Amendment to a Grant Agreement Between the Town of Vail and the State of Colorado Department of Transportation Action Requested of Council: Approve, approve with amendments or deny Resolution No. 51, Series of 2020 Background: The Town and the Colorado Department of Transportation (“CDOT”) are parties to a certain grant agreement related to ‘FASTER funds’ dated February 26, 2020. The parties wish to amend the Original Agreement to extend the Original Agreement and to provide for revisions to the statement of work. Staff Recommendation: Approve Resolution No. 51, Series of 2020 Foley made a motion to approve Resolution No. 51, Series of 2020; Coggin seconded the motion passed (7-0). 4.4. Contract with Ulf Built (Donovan Pavilion Addition) Background: Donovan Pavilion opened to the public in 2003 and has seen continued use over the years for both community functions and private events. It has been a very popular and successful venue for weddings and nonprofit programming (Vail Symposium Bravo! Vail) in recent years. There have been discussions occurring about the need for some mechanical upgrades and since the facility has been seventeen years in use, staff proposes this capital maintenance should occur sooner than later. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Ulf Built in a form approved by the Town Attorney in the amount not to exceed $1,108,040. Coggin made a motion to authorize the Town Manager to enter into an agreement with ULF Built not to exceed $1,108,040; Mason seconded the motion passed (7-0). 5. Town Manager Report Robson provided an update on ongoing discussions related to the alternative housing site initiative. He stated discussions with Vail Resorts have been put on pause as the company focuses on safely opening resorts during COVID-19. The town looked forward to restarting the January 19, 2021 - Page 16 of 66 Town Council Meeting Minutes of December 15, 2020 Page 3 dialogue any time when Vail Resorts was ready to re-engage. Meanwhile, efforts continued to partner with Children's Garden of Learning to develop a temporary location on the charter bus lot to be ready for occupancy in August 2021. 6. Public Hearings 6.1. Ordinance No. 21, Series of 2020, Second Reading, Budget Supplemental No. 5, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, and Dispatch Services Fund of the 2020 Budget for the Town of Vail. Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve, or approve with amendments Ordinance No. 21, Series 2020 upon second reading. Background: Please see attached memorandum. Staff Recommendation: Approve or approve with amendments Ordinance No. 21, Series 2020 upon second reading. Smith reviewed Ordinance No. 21, Series of 2020 with council stating there had only been two changes since the first reading.  Capital Projects Fund a transfer of $365,936 for electric bus chargers from the Bus Replacement Project to the Electric Bus Chargers Budget for administrative and expenditure tracking purposes.  Real Estate Fund would be increased by $10,000 for a Winterfest grant from Doe Browning. There was no public comment. Council had no comments or questions. Stockmar made a motion to approve Ordinance No. 21, Series of 2020 upon second reading; Foley seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 6:33 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 17 of 66 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Resolution No. 4, S eries of 2021, A R esolution of the Vail Town Council Ratif ying the Town Manager's Emergency Order Waiving Certain L ocal L iquor L icense F ees for the Town of Vail AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Resolution No. 4, Series of 2020 B AC K G RO UND: D ue to Senate Bill 20B -001 the Colorado Department of Revenue L iquor E nf orcement waived fees f or new applications, renewal, late renewal, reissuance renewal, and C O V I D-19 Temporary Modification for specific liquor license types f rom December 7, 2020 to December 7, 2021. T he attached resolution would run parallel with the states liquor f ee schedule and waive the local f ees for the same. AT TAC H ME N TS : Description Resolution No. 4, S eries of 2021 January 19, 2021 - Page 18 of 66 1/13/2021 \\FILESERVER2019\REDIRECTED$\TNAGEL\DESKTOP\LIQUOR FEES-R122620.DOCX RESOLUTION NO. 4 SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL RATIFYING THE TOWN MANAGER’S EMERGENCY ORDER WAIVING CERTAIN LOCAL LIQUOR LICENSING FEES FOR THE TOWN OF VAIL WHEREAS, on March 13, 2020, the Vail Town Council declared a local disaster emergency in the Town of Vail (the "Town"), pursuant to the Town's authority under the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), as a result of the COVID-19 pandemic; WHEREAS, on January 11, 2021, the Town Manager enacted an Emergency Order Waiving Certain Local Liquor Licensing Fees for the Town of Vail; and WHEREAS, the Town Council wishes to ratify the Town Manager’s Emergency Order. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Manager’s Emergency Order Waiving Certain Local Liquor Licensing Fees for the Town of Vail, a copy of which is attached hereto, is hereby ratified. Section 2. The Order shall be effective through December 7, 2021 and may be extended or terminated by additional action of the Town Council. INTRODUCED, READ, APPROVED AND ADOPTED THIS 15TH DAY OF JANUARY 2021. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 19 of 66 1/12/2021 C:\USERS\SBIBBENS\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\NX5Z7678\LIQUOR FEES-122220.DOCX EMERGENCY ORDER WAIVING CERTAIN LOCAL LIQUOR LICENSE FEES IN THE TOWN OF VAIL WHEREAS, on March 13, 2020, the Town Council declared a local disaster emergency in the Town of Vail (the "Town"), pursuant to the Town's authority under the Colorado Disaster Emergency Act, C.R.S. § 24-33.5-701, et seq. (the "Act"), as a result of the COVID-19 pandemic; WHEREAS, Senate Bill 20B-001, waived certain state fees for liquor license applications from December 7, 2020 to December 7, 2021; and WHEREAS, the Town wishes to waive the local fees for such applications. NOW THEREFORE, IT IS HEREBY ORDERED, effective immediately and continuing through December 7, 2021, the Town hereby waives local liquor license fees for: 1. Application Fees: Application Fees; Application Fees with Concurrent Review; Application Late Renewal Fees; Application Re-Issue Fees; and Application Re-Issue Fines. 2. Retail License Fees for the following license types: ADOPTED this ___ day of January, 2021. ________________________________ Scott Robson, Town Manager ATTEST: _________________________________ Tammy Nagel, Town Clerk Art Beer & Wine Brew Pub Club Distillery Pub Hotel & Restaurant o With one OP License o Each OP License o Resort Complex o Campus Liquor Complex o Related-Facility: Resort Complex o Related Facility: Campus Liquor Complex Limited Winery Lodging & Entertainment Optional Premises Racetrack Retail Gaming Tavern Tavern Vintner’s Restaurant Fermented Beverage On Premises Fermented Beverage On/Off Premises Resort-Complex Related Facility Permit 11th January 19, 2021 - Page 20 of 66 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 : Resort Entertainment f or A mbient Entertainment F unding Agreement B AC K G RO UND: I n response to the C O V I D -19 pandemic, the Town has experimented with providing ambient, surprise and delight, entertainment in the village core areas. Town C ouncil has budgeted $300,000 f or the continuation of this programming in 2021. Town Staf f has engaged Resort Entertainment to program ambient entertainment for the winter season with a budget approved up to $120,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement with Resort Entertainment Group in an amount not to exceed $120,000 for the Ambient Entertainment program to run through A pril 15, 2021. AT TAC H ME N TS : Description Funding Memo - Ambient Entertainment January 19, 2021 - Page 21 of 66 To: Vail Town Council From: Economic Development Department Date: 11/14/2021 Subject: Event Funding Agreement for Ambient Entertainment PURPOSE The purpose of this memo is to provide information on the 2021 Ambient Family and Music Entertainment Program and to request that Council authorize the Town Manager to enter into an agreement with Resort Entertainment Group for Ambient Entertainment. BACKGROUND In the summer of 2020, the Vail Town Council approved an event funding request for a village entertainment program. The program consisted of pop up concerts produced by High Altitude Entertainment occurring in Vail Village, Lionshead and at Ford Park Lower Bench. The program was well received and subsequently the CSE received proposals from High Altitude Entertainment and Resort Entertainment Group to continue this type of programming in 2021. The two proposals received were larger in scale and cost than deemed appropriate based on budget, public health guidelines and the goals of the town. Town staff subsequently worked with Resort Entertainment Group and High Altitude Entertainment to modify their proposals to fit within the stated goals and approved budget. Diane Moudy from Resort Entertainment Group and Scott Rednor from High Altitude Entertainment were asked to collaborate on a 2021 program that would address the goals of the town. The two parties agreed that Resort Entertainment Group would be the primary producer of the winter programming running from January 1 through Vail Mountain closing day. The talent available through Resort Entertainment Group is diverse and adaptable to performing and entertaining in a winter environment and strolling setting. The successful program that was piloted from opening day through the new year’s holiday, includes a strolling musician or duo in each village as well as family themed characters such as the dancing trees, snowman, penguin, snow princess, etc. Entertainment is being booked three days per week on non-holiday weeks and up to 7 days per week during peak periods. Entertainers are in the village from approximately 1:00 – 4:00 pm. The strolling and mobile entertainers are able to adapt to the changing traffic patterns in the villages to both create space when needed for public health and create a positive guest experience by moving to certain areas at other times. January 19, 2021 - Page 22 of 66 Town of Vail Page 2 Town staff will continue to work with both groups to identify the goals, budget, schedule, and entertainment for the summer months. A new contract will be created for summer programming. A similar approach will be taken for the early winter programming of the 2021/2022 season. The total amount of funding approved for the Ambient Entertainment Program for the 2021 Fiscal Year is $300,000, of which $120,000 is being allocated for the winter program running through 4/15/2021. The summer program and early winter program will be contracted closer to the season in order to best design the programming to take public health orders into account. The subsequent contracts and event plans will be brought to council prior to execution. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Resort Entertainment Group, on a form approved by the Town Attorney, to produce the winter ambient entertainment program, in an amount not to exceed $120,000. January 19, 2021 - Page 23 of 66 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 : Children's Garden of L earning Modular Vendor Contract Award B AC K G RO UND: T he Town of Vail is planning on relocating the C hildren's Garden of L earning f rom Middle C reek L ot 3 to the L ionshead O versize Parking L ot for the next 3-5 years. A Request F or Proposals was issued for a Modular Vender to construct 5 Modular B uildings for this temporary move. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into a contract with P alomar Modular B uildings in an amount not to exceed $760,000; and to not pursue the V C G deduct option in consideration of the overall quality and design of the building, and the efforts the town is taking to make sure it does not look or f eel like a modular building. AT TAC H ME N TS : Description Memo January 19, 2021 - Page 24 of 66 To: Town Council From: Tom Kassmel, Town Engineer Date: 1/19/21 Subject: Children’s Garden of Learning Modular Vender Award I. SUMMARY The Town of Vail issued a Request for Proposals (RFP) this past fall for a modular vender to construct modular buildings for the temporary relocation of the Children’s Garden of Learning (CGL) from Middle Creek Lot 3 to the Lionshead Parking Structure’s “Charter Bus Lot”. The RFP included two conceptual options for the venders to price/evaluate and encouraged venders to provide additional alternates that would potentially be more cost effective and still meet the program goals and intent. The Town received 8 proposals with varying options ranging from $500k to $1.6M. After a thorough review of each proposal, including interviews, town staff identified Palomar Modular Buildings (Palomar) as the preferred vender. Since that time the Design Team, Pierce Austin Architects, CGL, Palomar, and staff, have refined the modular design and worked to define a contract price. The contract price is based on the January 11th PEC approved plans and includes five modular buildings with interior finishes and the necessary mechanical, electrical, plumbing, and fire protection systems. The site and utility work along with the architectural exterior and roofing design elements will be by separate contract and completed by a General Contractor. The anticipated final contract price is expected not to exceed $760,000; with the an optional deduct of $29,494 to include Vinyl Coated Gypsum (VCG-a standard modular finish) in lieu of typical drywall, paint and texture. Staff recommends awarding the CGL modular building contract to Palomar Modular Buildings in an amount not to exceed $760,000; and to not pursue the VCG deduct option in consideration of the overall quality and design of the building, and the efforts the town is taking to make sure it does not look or feel like a modular building. This contract amount is within the total construction budget of $2M. January 19, 2021 - Page 25 of 66 Town of Vail Page 2 II. NEXT STEPS The project is anticipating a DRB approval on January 20th, which will allow the project to continue to move forward into final design and final construction documents. Once final design is complete town staff will issue a public Request For Bids from General Contractors for the remaining architectural and site work on or about February 15th, with a Bid Opening on March 8th, and a Council Contract Award on March 16th. The project will continue at an accelerated pace to keep on a very tight timeline which is scheduled as follows; Modular construction by Palomar: Award Modular Contract January 2021 Modular shop drawings & Approval (4 weeks) February 2021 State modular plan review and permitting (6 weeks) March/April 2021 Construction of modular buildings (4 weeks) April/May 2021 Delivery & Installation (4-6 weeks) May/June 2021 Architectural & Site Construction by General Contractor (TBD): Award General Contractor Contract March 2021 Site prep & Utilities April/May 2021 Architectural design elements & Grading June/July 2021 Project Completion & CGL Move-In August 2021 III. STAFF RECOMMENDATION Staff recommends Town Council direct the Town manager to enter into a contract, approved by the Town attorney, with Palomar Modular Buildings in an amount not to exceed $760,000. January 19, 2021 - Page 26 of 66 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 : P ublic Works S hop Project X cel E nergy Upgrades E xpenditure A uthorization B AC K G RO UND: T he P ublic Works S hop expansion was approved within the 2021 budget process. I norder to stay on schedule for a spring 2021 construction start. T he X cel E nergyinfrastructure serving the Public Works complex needs to be upsized. T he TownS taff worked with X cel E nergy designers to ensure this upgrade will not only servethe current project but will accommodate all f uture masterplan elements includingadditional housing. T he work is more extensive than most upgrades. T he work willtake place from intersection of Vail Valley Drive and S unburst Drive to the Town of Vail S hop B uilding. T his work will be disruptive to the access to the shop andcoordinating the construction in a May time frame is the least impactful. A uthorizingthe expenditure now f acilitates scheduling with X cel energy as construction scheduleand priorities are based on actual payment in advance of the construction. T he costof the work is $ 245,000. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with X cel Energy to upgrade utility f acilities serving the P ublic Works S hop complex in the amount not to exceed $245,000. AT TAC H ME N TS : Description Staff Memo January 19, 2021 - Page 27 of 66 To: Town Council From: Public Works Department Date: 1/19/2021 Subject: Public Works Shop Project Xcel Energy Upgrades Expenditure Authorization I. ITEM/TOPIC Public Works Shop Project Xcel Energy Upgrades Expenditure Authorization II. BACKGROUND The Public Works Shop expansion was approved within the 2021 budget process. In order to stay on schedule for a spring 2021 construction start. The Xcel Energy infrastructure serving the Public Works complex needs to be upsized. The Town Staff worked with Xcel Energy designers to ensure this upgrade will not only serve the current project but will accommodate all future masterplan elements including additional housing. The work is more extensive than most upgrades. The work will take place from intersection of Vail Valley Drive and Sunburst Drive to the Town of Vail Shop Building. This work will be disruptive to the access to the shop and coordinating the construction in a May time frame is the least impactful. Authorizing the expenditure now facilitates scheduling with Xcel energy as construction schedule and priorities are based on actual payment in advance of the construction. The cost of the work is $ 245,000. III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with XCEL Energy to construct the upgraded utility facilities serving the Public Works Shop complex. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Xcel Energy to upgrade utility facilities serving the Public Works Shop complex in the amount not to exceed $245,000. January 19, 2021 - Page 28 of 66 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 : Update about C ouncil C hambers R emodel January 19, 2021 - Page 29 of 66 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 : Vail D estination Straw P oll R eport (short-term occupancy report) AT TAC H ME N TS : Description Vail Destination S traw Poll R eport January 19, 2021 - Page 30 of 66 Vail Weekend Outlook Straw Poll Report Key Property Room Night Available, Room Night Booked, and Occupancy Data Out of Scope Current 3 Weekend Forward Range Most Recent Actualized Weekend Prior Actualized Weekend Arrival Date As of Date 1/8-1/9 1/15-1/16 1/22-1/23 1/29-1/30 2/5-2/6 2/12-2/13 2/19-2/20 2/26-2/27 3/5-3/6 3/12-3/13 3/19-3/20 1/12/2021 64.0%59.7%51.6%46.8% 1/19/2021 64.0% 1/26/2021 64.0% 2/2/2021 64.0% 2/9/2021 64.0% 2/16/2021 64.0% 2/23/2021 64.0% 3/2/2021 64.0% VAIL AGGREGATE WEEKEND OCCUPANCY OUTLOOK 64.0%59.7% 51.6% 46.8% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 1/8-1/9 1/15-1/16 1/22-1/23 1/29-1/30Occupancy RateWeekend of Arrival (C) Copyright 2021, Sterling Valley Systems, Inc. All Rights Reserved January 19, 2021 - Page 31 of 66 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 : E C Alert Update P RE S E NT E R(S ): Marc Wentworth, Vail P ublic S af ety Communications Center D irector AC T IO N RE Q UE S T E D O F C O UNC IL : L isten to discussion and ask questions. B AC K G RO UND: Everbridge was selected as the messaging vendor by the E911 Authority B oard in 2014, chosen to replace the previously used ‘Roam Secure’ software. T his contract and billing model is set to change with our contract renewal in March 2021, we must change our messaging practices to avoid an approximate tripling of that cost. S ince the cost increase is due to the sheer volume of S MS messaging that the communication center sends out, the simplest and most efficient way to make these changes is to use the E verbridge A pp which allows us to send the same volume of messaging as we do currently through the app, with no added cost. AT TAC H ME N TS : Description E C Alert Memor andum January 19, 2021 - Page 32 of 66 To: Mayor and Town Council From: Vail Police / Vail Public Safety Communications Center Date: 01/14/2021 Subject: EC Alert Changes PURPOSE To present information to the council about upcoming changes to the EC Alert format that will change the way Vail residents and guests receive non-emergency messaging such as road and area alerts. BACKGROUND Everbridge was selected as the messaging vendor by the E911 Authority Board in 2014, chosen to replace the previously used ‘Roam Secure’ software. This contract is renewed annually and paid for by the E-911 Board at roughly $28,000/year. This contract and billing model is set to change with our contract renewal in March 2021, we must change our messaging practices to avoid an approximate tripling of that cost. Since the cost increase is due to the sheer volume of SMS messaging that the communication center sends out, the simplest and most efficient way to make these changes is to use the Everbridge App which allows us to send the same volume of messaging as we do currently through the app, with no added cost. DISCUSSION Since the cost increase is due to the sheer volume of SMS messaging that the communication center sends out, the simplest and most efficient way to make these changes is to use the Everbridge App which allows us to send the same volume of messaging as we do currently through the app, with no added cost. Key benefits are: • Longer messages will be received in the app in their entirety, as text messages we are character limited and when we go over the limit, the subscriber has to click a link to see the whole message. • Messages displayed through the app can include images & hyperlinks • All notifications show up in one feed without cluttering your text message feed. • Users can manage their account from the app. Update your subscriptions, profile information & contact methods. January 19, 2021 - Page 33 of 66 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 : Resolution No. 3, S eries of 2021, A R esolution A pproving a P re-D evelopment A greement B etween the Town of Vail and Triumph Development West L L C. P RE S E NT E R(S ): George Ruther, Housing Director; and Matt Mire, Town A ttorney AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications, or deny Resolution No. 3, Series of 2021. B AC K G RO UND: T he purpose of this agenda item is to present a summary of the terms of a pre-development agreement by and between the Town of Vail and Triumph Development West, L L C. The terms of the agreement are intended as initial steps to facilitate the future development of deed-restricted homes on L ot 3, Middle C reek S ubdivision ( the “Middle C reek P roject”) and L ot 1, Timber Ridge Subdivision ( the “Timber R idge P roject”). The agreement serves, in part, to advance the strategic actions of the Vail Town C ouncil’s Alternate Housing S ites I nitiative. S TAF F RE C O M M E ND AT I O N: Approve Resolution No. 3, S eries of 2021. AT TAC H ME N TS : Description Resolution No. 3, S eries of 2021 Memorandum Resolution No. 3, S eries of 2021 Pre-Development Agreement public input January 19, 2021 - Page 34 of 66 To: Vail Town Council From: George Ruther, Housing Director Matt Mire, Town Attorney Date: January 19, 2020 Subject: Resolution No. 3, Series of 2021 – A Resolution Approving a Pre-Development Agreement Between the Town of Vail and Triumph Development West LLC. I. Purpose The purpose of this memorandum is to present a summary of the terms of a pre- development agreement by and between the Town of Vail and Triumph Development West, LLC. The terms of the agreement are intended as initial steps to facilitate the future development of deed-restricted homes on Lot 3, Middle Creek Subdivision ( the “Middle Creek Project”) and Lot 1, Timber Ridge Subdivision ( the “Timber Ridge Project”). The agreement serves, in part, to advance the strategic actions of the Vail Town Council’s Alternate Housing Sites Initiative. Resolution No. 3, Series of 2021 authorizes the Town Manager to execute a pre- development agreement on behalf of the Town. Does the Vail Town Council approve Resolution No. 3, Series of 2021, as presented and read? II. Terms of the Agreement The purpose of the pre-development agreement is to establish the terms of the future final development agreements, ground leases and other necessary agreements for the Middle Creek Project and the Timber Ridge Project. The Vail Town Council has expressed its desire to develop 100%, deed-restricted homes on the Middle Creek and Timber Ridge properties in partnership with Triumph Development. Combined, these developments are strategic actions to be taken in pursuit of achieving the Town’s adopted housing and environmental stewardship goals. A summary of the terms of the pre-development agreement include: January 19, 2021 - Page 35 of 66 Town of Vail Page 2 • The Town and Triumph Development will be co-applicants on the Middle Creek Project and the Town will grant Triumph Development permission to proceed through the development review process with the Timber Ridge Project. • The Town will pay for the investment in the entitlement of the Middle Creek Project and pay Triumph Development a project management fee not to exceed $300,000. The Town will incur no cost for the entitlements of the Timber Ridge Project and incur no development risk for either of the Projects. • The project management fee will be payable in installments upon the completion of key project milestones. • The Town and Triumph Development will execute ground leases for the Projects allowing the Town to retain ownership of its land beneath the Projects. • The Town’s interest in the ground leases will be freely assignable by the Town at its sole discretion. • The Town will have rights to master lease and sublease units within each of the Projects. • A minimum of 144 beds will be provided as part of the Middle Creek Project and at least 200 homes of varying sizes will be developed as part of the Timber Ridge Project. • The Middle Creek Project will be available for occupancy by no later than November, 2022, and no development of the Timber Ridge Project will begin prior to April, 2023. • Triumph Development will forego all development opportunities on the Booth Heights Parcel, and in doing so, will grant the Town exclusive ownership rights to the Approved Development Plan for Booth Heights. • The Parties will actively pursue the adoption of a final development agreement for the Timber Ridge Project by no later than May 1, 2021. • The Parties will agree to certain remedies and obligations in the event of a breach or default to the terms of the agreement. III. Next Steps By the pre-development agreement, the Parties are setting forth their expectations regarding the Middle Creek Project and the Timber Ridge Project and establishing the terms of the future final development agreements, ground leases and other necessary agreements for the Projects. Upon mutual execution of the pre-development agreement, the Parties will take the steps necessary to draft and present final development agreements for the Middle Creek Project and the Timber Ridge Project. Once complete, the final documents will be distributed publicly and a meeting to present the final agreements for approval will be set. In the interim, the Parties will finalize the Middle Creek Project scope of work, project budget, and project schedule, and begin preparing the design development/entitlement process application materials to be submitted for review in anticipation of a September, 2021 start of construction on the Middle Creek Project. January 19, 2021 - Page 36 of 66 Town of Vail Page 3 January 19, 2021 - Page 37 of 66 RESOLUTION NO. 3 Series of 2021 A RESOLUTION APPROVING A PRE-DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH DEVELOPMENT WEST LLC WHEREAS, the Town is the owner of certain real property in the Town of Vail known as Lot 3, Middle Creek (the "Middle Creek Property") and the Timber Ridge Village Apartments (the “Timber Ridge Property”); WHEREAS, Triumph Development West, LLC (“Triumph”) wishes to redevelop both the Middle Creek Property and the Timber Ridge Property, in cooperation with the Town, as 100% deed-restricted housing developments; WHEREAS, the Pre-Development Agreement, attached hereto as Exhibit A and made a part hereof by this reference (the “PDA”), sets forth the parties’ expectations regarding the development of the Middle Creek Project and the Timber Ridge Project. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the PDA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute the PDA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 19th day of January 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 38 of 66 1 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX PRE-DEVELOPMENT AGREEMENT THIS PRE-DEVELOPMENT AGREEMENT (this "Agreement") is made on the _____ day of _________________, 2021 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town") and Triumph Development West LLC, a Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail, CO 81657 (“Triumph”) (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town owns Lot 3, Middle Creek (the "Middle Creek Property") and the Timber Ridge Village Apartments (the “Timber Ridge Property”), both as more particularly described in Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, Triumph wishes to redevelop the Middle Creek Property, in cooperation with the Town, as a 100% deed-restricted employee housing project (the “Middle Creek Project”); WHEREAS, Triumph wishes to redevelop the Timber Ridge Property, in cooperation with the Town, as a 100% deed-restricted employee housing project with a minimum of 200 units (the “Timber Ridge Project”); and WHEREAS, by this Agreement, the Parties wish to set forth their expectations regarding the Middle Creek Project and the Timber Ridge Project. NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to establish the terms of the future development agreements, ground leases and other necessary agreements for the Middle Creek Project and the Timber Ridge Project. 2. Middle Creek Project. a. The Town and Triumph, as co-applicants, will file all necessary development applications for the Middle Creek Project. The Town will be responsible for all related costs through final approval of such applications. The Town will have sole ownership rights to all application materials and approved development plans. b. The Town will contract with Triumph to manage the entitlement process for the Middle Creek Project, which contract will include a management fee not to exceed $300,000 (the "Management Fee"). The payment schedule of the management fee shall be based upon the schedule of completion of key design development/entitlement process milestones, as defined in Exhibit B, attached hereto and incorporated herein by this reference. Triumph shall commence work on the Effective Date. January 19, 2021 - Page 39 of 66 2 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX c. The Parties will cooperate to establish the number of units to be constructed and the appropriate unit types for the Middle Creek Project, provided that the Middle Creek Project shall include a minimum of 144 beds. d. The Town and Triumph will enter into a long-term ground lease for the Middle Creek Property, and upon expiration of the ground lease, all improvements on the Middle Creek Property will transfer to the Town. Triumph will commit to maintaining such improvements in an acceptable condition, and to maintain adequate capital improvements reserve funds, throughout the term of the ground lease. The Town's interest in the ground lease will be freely assignable following the issuance of a certificate of occupancy for the Middle Creek Project, without Triumph's consent. e. Construction of the Middle Creek Project will begin in September 2021, and will be completed by November 2022. f. The Town will have the option to master lease and sublease units in the Middle Creek Project. g. The Vail Local Housing Authority will be granted an ownership interest in the entity formed by Triumph to construct and manage the Middle Creek Project. h. Triumph acknowledges that it will not be entitled to any Employee Housing Unit credit for the Middle Creek Project under Sections 12-23-7 and 12-24-7 of the Vail Town Code. 3. Timber Ridge Project. a. Triumph will have the right to pursue the Timber Ridge Project at Triumph's own cost. As the owner of the Timber Ridge Property, the Town will sign the development applications for the Timber Ridge Project, provided that the Town will have no responsibility for any costs associated with such applications. b. The Timber Ridge Project shall include a minimum of 200 deed-restricted employee housing units of varying types. The Parties will cooperate to establish the appropriate unit types for the Timber Ridge Project, based on a housing market study to be prepared for the Parties, with each Party responsible for 50% of the cost of such study. c. The Town and Triumph will enter into a long-term ground lease for the Timber Ridge Property, and upon expiration of the ground lease, all improvements on the Timber Ridge Property will transfer to the Town. Triumph will commit to maintaining such improvements in an acceptable condition, and maintain adequate capital reserve funds, throughout the term of the ground lease. The Town’s interest in the ground lease will be freely assignable following the issuance of a certificate of occupancy for the Timber Ridge Project, without Triumph's consent. January 19, 2021 - Page 40 of 66 3 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX d. Construction of the Timber Ridge Project may not begin prior to the completion of the Middle Creek Project, or April 2023, whichever occurs first, and shall be completed by November 2025. e. The Town will have the option to master lease and sublease units in the Timber Ridge Project. f. If necessary for tax purposes, the Vail Local Housing Authority will be granted an ownership interest in the entity formed by Triumph to construct the Timber Ridge Project. g. Triumph acknowledges that it will not be entitled to any Employee Housing Unit credit for the Timber Ridge Project under Sections 12-23-7 and 12-24-7 of the Vail Town Code. h. The Parties acknowledge that there will be separate development agreements for the Middle Creek Project and the Timber Ridge Project, and that the development agreement for the Middle Creek Project will be completed and signed first. Triumph shall have the exclusive right to negotiate with the Town for development rights related to the Timber Ridge Project until May 5, 2021, and the Town will not enter into any negotiations related to the Timber Ridge Project with any other parties on or before that date. 4. Booth Heights. a. Triumph warrants to the Town that it is the sole owner of all civil drawings and architectural drawings included in the development applications filed with the Town for the Booth Heights project in PEC19-0018, PEC19-0019 and DRB19-0652 and identified in Exhibit C, attached hereto and incorporated herein by this reference (the "Plans"). In addition, Triumph agrees to convey to the Town whatever rights Triumph may have, without representation or warranty, in other materials, reports, and studies delivered to the Town for the Booth Heights project in PEC19-0018, PEC 19-0019 and DRB19-0652 and identified in Exhibit C (the “Related Materials”). b. As partial consideration for this Agreement, Triumph hereby transfers to the Town all of Triumph's ownership rights in the Plans and the Related Materials. If the Parties have not executed a development agreement and ground lease for the Middle Creek Project on or before March 3, 2021, Triumph may terminate this Agreement upon notice to the Town. If the Parties have not executed a development agreement and ground lease for the Timber Ridge Project on or before May 5, 2021, Triumph may terminate this Agreement upon notice to the Town. Upon termination by Triumph, the Town shall, within 10 days after Triumph’s notice of termination, transfer all ownership rights in the Plans and Related Materials back to Triumph, and Triumph agrees to reimburse the Town for all of the Town's costs and expenses incurred in the Middle Creek Project, up to the date of final approval of the development applications, including without limitation the management fee. January 19, 2021 - Page 41 of 66 4 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX c. Triumph hereby indemnifies the Town against any claim from any third party claiming any property interest in the Plans, and agrees to defend the Town against any such claim. d. To the extent any third party successfully establishes a property interest in any portion of the Plans, Triumph agrees to reimburse the Town for all of the Town's costs and expenses incurred in the Middle Creek Project, up to the date of final approval of the development applications, including without limitation the management fee. 5. Breach and Remedies. a. By the Town. If the Town defaults on any obligation under this Agreement for any reason, Triumph may seek damages, but Triumph shall not be entitled to enforce this Agreement through an action for specific performance. If this Agreement is terminated due to a default by the Town, the Town will, within 10 days after termination, transfer all ownership rights in the Plans and Related Materials back to Triumph. b. By Triumph. If Triumph defaults on any obligation under this Agreement, the Town may: seek damages; and/or withhold issuance of building permits or certificates of occupancy not yet issued for any improvements on either the Middle Creek Property or the Timber Ridge Property until said default has been cured or waived. In addition to the specific remedies set forth herein, the Town shall have all other remedies available at law or equity, and the exercise of one remedy shall not preclude the exercise of any other remedy. 6. Miscellaneous. a. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. b. Integration. This Agreement represents the entire agreement between the Parties with respect to the subject matter hereof, and all prior or extrinsic agreements, understandings or negotiations shall be deemed merged herein. c. Waiver. No provision of this Agreement may be waived to any extent unless and except to the extent the waiver is specifically set forth in a written instrument executed by the Party to be bound thereby. d. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. e. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, and venue for any legal action arising out of this Agreement shall be in Eagle County, Colorado. January 19, 2021 - Page 42 of 66 5 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX f. No Third Party Beneficiaries. No third party is intended to or shall be a beneficiary of this Agreement, nor shall any third party have any rights to enforce this Agreement in any respect. g. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties, and nothing contained in this Agreement shall be construed as making the Town and Triumph joint venturers or partners. h. Notices. A notice under this Agreement shall be in writing and be given by U.S. Mail, postage prepaid, to the address set forth on the first page of this Agreement. i. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligation of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligation. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. j. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town and its officials, representatives, attorneys and employees may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10- 101, et seq., as amended. k. Tolling. Should any of the land use applications for the Project be approved by the Town, but the approvals are challenged by referendum or other legal action, any deadlines in this Agreement shall be tolled for the period of the legal action. l. Force Majeure. Neither Party shall be in breach of this Agreement if a failure to perform any of the duties under this Agreement is due to Force Majeure, which shall be defined as the inability to undertake or perform any of the duties under this Agreement due to acts of God, floods, storms, fires, sabotage, terrorist attack, strikes, riots, war, labor disputes, forces of nature, pandemics or the authority and orders of government. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL ________________________________ Scott Robson, Town Manager ATTEST: _____________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 43 of 66 6 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX TRIUMPH DEVELOPMENT WEST LLC By:_____________________________ Name:___________________________ Title:____________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by _____________________ as _________________________ of Triumph Development West LLC, a Delaware limited liability company. My commission expires: __________________ _______________________________ Notary Public January 19, 2021 - Page 44 of 66 7 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX EXHIBIT A Legal Descriptions Middle Creek Property LOT 3, AMENDED FINAL PLAT MIDDLE CREEK SUBDIVISION, A RESUBDIVISION OF LOT 1, COUNTY OF EAGLE, STATE OF COLORADO. Timber Ridge Property LOT 1, TIMBER RIDGE SUBDIVISION, COUNTY OF EAGLE, STATE OF COLORADO. January 19, 2021 - Page 45 of 66 8 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX EXHIBIT B Management Fee Milestones The milestones for payment of the Middle Creek Project management fee are as follows: Approval by the Town of the budget, scope of work and schedule for the design development and entitlement process by February 2, 2021 $50,000 Execution of a final development agreement, ground lease $50,000 Planning and Environmental Commission development application submittal to the Town or development application submittal to the Town on or before February 19, 2021 $75,000 . Final Planning and Environmental Commission and Design Review Board action on the development applications $75,000 Issuance of a building permit and execution of an operating agreement to include the VLHA on or before September 30, 2021 $50,000 Total management fee $300,000 January 19, 2021 - Page 46 of 66 9 1/14/2021 C:\USERS\TNAGEL\APPDATA\LOCAL\MICROSOFT\WINDOWS\INETCACHE\CONTENT.OUTLOOK\SSUMUZ2A\PRE-DA- A011421.DOCX EXHIBIT C Plans and Related Materials January 19, 2021 - Page 47 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:26 PM To:Stephanie Bibbens Subject:FW: pre-development agreement Attachments:Untitled.pdf Please add the below email and attachment to last nights Res. 3 agenda item. Thank you Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com From: Diana Donovan <dianamdonovan@msn.com> Sent: Monday, January 18, 2021 8:27 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: pre‐development agreement January 19, 2021 - Page 48 of 66 January 17, 2021 Vail Town Council RE: Pre housing development agreement There is no creativeness in this document It reads as though the default developer wrote it over a few beers with the many housing special interests. The owner of the land, which was hastily rezoned without addressing the herd of bighorn sheep that call that land home, has not been involved. The default developer has development rights to a parcel he does not own. It would probably behove the town to buy off these two parties and start work free of those limiting factors. The town could then think outside the box. The Children’s Garden of Learning (CGL), a premier early childhood education center, now located on Lot 3 in Vail, does not have to move from this perfect location. I believe they serve more than 60 families so that the parents can go to work. That replaces an entire housing project! The parents are ideal employees who already have housing so you get a two for one beneﬁt for the town at a hugely lower price. The qualities this site provides for CGL can not be duplicated in Vail: sunny exposure, just off roundabout, immediate access to natural area, plenty of parking exclusively for them and a safe, charming building. Council members have stated the building does not meet code but that is true of all of our homes and even the council chambers. The state licenses childcare and they determine if the building is safe or they close it down. Council members have stated the relocation of CGL to the east end of the Lionshead Parking structure is enthusiastically welcomed by CGL but that is only in the face of threats to just throw them out of their current location if they oppose the move. The town will build a temporary modular structure but CGL has to cover all the moving costs. I believe this valuable asset will be forced to leave Vail in ﬁve years. Instead the town could leave them in their current location and add a small amount to the existing structure so CGL can accommodate a few more children thus freeing even more people who already have housing to work. Moving CGL is a huge expense to the Vail taxpayer and terrible for January 19, 2021 - Page 49 of 66 the families and children it serves. The current proposal deﬁes common sense. The East end of the Lionshead Parking structure would better serve the town as employee housing. The reason providing housing is so difficult in the Gore Valley is the ridiculous value of land in the Gore Valley because it is so limited. The redevelopment of the East phase of Timber Ridge with so much surface parking and so few units because they didn’t have the money to “do it right” was inexcusable. The West phase must be done right and could be the ﬁnal housing project to be built by government in Vail . Structured parking must start below the level of the frontage road and the height could be what is necessary to meet the housing need. Modular building blocks are probably not appropriate. It must be put out to bid. We need more creativity than has recently been shown and a panel of citizens and council must be included. That panel would bring a proposal, based on a list of goals from council, to the town’s process. We don’t want another barracks looking building on the north side of our valley. At this point, the bighorn sheep are not protected at all and the Town of Vail is covering almost all of the immediate costs of improving their habitat. In summary, buy out those involved in Booth Heights, leave CGL on Lot 3 and add a little square footage, form a citizen’s panel to oversee the maximum redevelopment of the west side of Timber Ridge which must be put out to bid. Each of these steps will accommodate more employees for Vail at reduced costs while the Town retains the land. Plus it would protect our open spaces from being rezoned for housing. Always available for more discussion which has been missing in this entire process. Diana Donovan January 19, 2021 - Page 50 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:26 PM To:Stephanie Bibbens Subject:FW: Response to Letter of January 17, 2021 Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com From: George Ruther <GRuther@vailgov.com> Sent: Monday, January 18, 2021 11:26 AM To: dianamdonovan@msn.com Cc: Council Dist List <TownCouncil@vailgov.com> Subject: Response to Letter of January 17, 2021 Good Morning – The Town is in receipt of your letter of January 17, 2021, expressing your feedback on the pre‐development agreement by and between the Town and Triumph Development. Thank you for sharing and participating in the discussions. For more than a year the Vail Town Council has made it a priority to achieve the Town’s adopted housing and environmental stewardship goals, especially as the two relate to development of the Booth Heights Parcel. The strategy in doing so has been to ensure a win/win/win outcome for the Vail community, Triumph Development, and Vail Resorts. Only recently did Vail Resorts announce that they needed to step aside from the partnership to focus 100% of their resources on safely and effectively operating Vail Mountain this winter season. However, prior to making this announcement, the needs of Vail Resorts were articulated and well understood. The pre‐development agreement takes the needs of Vail Resorts into consideration. Should Vail Resorts decide to re‐ engage in the discussions at a later, the Vail Town Council has assured that opportunity is not lost and insisted upon provisions within the development agreement that could be used to satisfy Vail Resorts’ needs. The Vail Town Council has been community‐minded, progressive, and forward‐thinking in this regard and left a door wide open for a January 19, 2021 - Page 51 of 66 2 partnership with Vail Resorts. The Town’s interest in acquiring the title, through a collaborative partnership, is well understood. The Town staff has worked closely with the Board and parent group of the Children’s Garden of Learning. A temporary site for the early childhood education center was selected and a new building designed with the Board and parent’s involvement all along the way. At the direction of the Vail Town Council, the town staff has worked to ensure that not only does the Children’s Garden of Learning have a future in Vail, but also that other early childhood educations centers can be accommodated in Town to meet the existing and growing demand for quality early childhood education. The Vail Town Council very much understands and values the importance of early childhood education in Vail and their actions demonstrate that understanding. The Vail Town Council has consistently shared their position on this matter publicly. Thank you for your recognition of the need for creativity. The lack of creativity of the past has contributed to the circumstances the Town currently faces and it is creativity that will likely move the community forward. The Vail InDEED Program is a great example of useful creativity. The Vail Town Council and the Vail Local Housing Authority thought far outside the box and took the risks and bold actions to try something new. In doing so, they devised a uniquely different program unheard of anywhere else in the country and have been recognized for their leadership ever since. The creativity in the involvement of Triumph Development and Vail Resorts in the Vail Town Council’s Alternate Housing Sites Initiative, through a collaborative partnership which seeks a win/win/win outcome, is likely the answer and the leadership needed. Again, the Town is in receipt of your letter of January 17, 2021. Enjoy your day, George Ruther Director Housing Department 75 South Frontage Road Vail, CO 81657 Direct: 970.376.2675 January 19, 2021 - Page 52 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: Childcare on parking structure Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: JOHN & DIANA DONOVAN <dianamdonovan@msn.com> Sent: Tuesday, January 19, 2021 12:06 PM To: Council Dist List <TownCouncil@vailgov.com> Subject: Childcare on parking structure Will they be able to get a license there if the air quality is considered? The children spend a large part of the day outside. I am pretty sure none of you would put your dog in a kennel on this site. Sent from my iPhone January 19, 2021 - Page 53 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: Bighorn Sheep Pasture Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com From: rolvail <rolvail@aol.com> Sent: Tuesday, January 19, 2021 12:20 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Bighorn Sheep Pasture Dear Town Council: Thanks so much for moving ahead with an imaginative proposal to protect our herd of Bighorn sheep. But I would strongly suggest securing all rights to this property in the exchange, not just the “development rights”. Otherwise this could leave future interpretations up to lawyers, just as Congress does when they pass vaguely written legislation. Thanks, Rol Hamelin E Vail 970‐390‐5223 January 19, 2021 - Page 54 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:29 PM To:Stephanie Bibbens Subject:FW: Bighorn Property Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: Sue Rychel <srychel@slifer.net> Sent: Tuesday, January 19, 2021 1:01 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Bighorn Property Dear Council members, Please make sure the protection of the Bighorn property as open space is permanent and that the Bighorn sheep will be left alone to live their natural lives in peace. Thank you, Sue Rychel January 19, 2021 - Page 55 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:29 PM To:Stephanie Bibbens Subject:FW: Booth Heights Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: Lynn Gottlieb <murphy10178@yahoo.com> Sent: Tuesday, January 19, 2021 3:59 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Booth Heights Hello Town Council Members: Thank you for all your hard work on this. Seems we are almost there. The point of permanency is important. Hopefully you will initiate a purchase agreement for the property and it will become a permanent part of Vail Open Space! That would complete this effort and leave a legacy for Vail! Sincerely, Lynn and John Gottlieb 9703904390 Sent from my iPhone January 19, 2021 - Page 56 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: Homwowner and full time resident of vail Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com From: holiday.vail@gmail.com <holiday.vail@gmail.com> Sent: Tuesday, January 19, 2021 11:58 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Homwowner and full time resident of vail I am very grateful for the Town’s efforts in executing the wishes of its residents. However, our elected representatives on the Town Council need to be reminded that the result the community is seeking through this effort is permanent protection of the Bighorn property as open space for the benefit of the bighorn sheep. Kindly, Halide Gazioglu 3120 Booth Falls Ct. Vail. Sent from my iPhone January 19, 2021 - Page 57 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: Booth Falls Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: jill roth <jillroth1@me.com> Sent: Tuesday, January 19, 2021 12:00 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Booth Falls To Whom it May Concern I am asking for the permanent protection of the Bighorn property as open space for the benefit of the bighorn sheep and for the enjoyment and celebration of our special community of Vail. We are more than just an “athletic “ community. We value the environment and our community of wildlife. Thank you, Jill Roth Sent from my iPhone January 19, 2021 - Page 58 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: Big Horn Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: Kiwi Hilliard <kiwibird48@gmail.com> Sent: Tuesday, January 19, 2021 12:17 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Big Horn As a resident of Vail we want the land transfer to be in perpetuity so no one will ever have to go through this again, thank you Kiwi Hilliard 325 S Lake Drive Palm Beach, Fl 33480 516 669‐1589 (C) January 19, 2021 - Page 59 of 66 1 Stephanie Bibbens From:Tammy Nagel Sent:Wednesday, January 20, 2021 12:28 PM To:Stephanie Bibbens Subject:FW: I agree Tammy Nagel Town Clerk Town Clerk’s Office 970.479.2136 970.479.2157 fax vailgov.com ‐‐‐‐‐Original Message‐‐‐‐‐ From: Judith Rodriguez <jrodapril@gmail.com> Sent: Tuesday, January 19, 2021 12:23 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: I agree So happy we have a win‐win on sheep protection and employee housing close to town and not impacting bus schedule. I would also like to comment on charging any fee to nbsee the Magic Lights in Ford Park. I am not alone in feeling it should be free, offering a Covid safe activity during this time. I think it would be beneficial to Vail Resorts & TOV “good will“ reputation to be able to do offer this because of Covid financial impacts. Thank you for offering a platform to comment, Judy Rodriguez East Vail resident (since 1976) Sent from my iPhone January 19, 2021 - Page 60 of 66 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 : O rdinance No. 1, Series of 2021, Second R eading, A n O rdinance R epealing and Reenacting C hapter 2 of Title 6 of the Vail Town Code R egarding P rocedures for D isposing on Unclaimed P roperty in the Town P RE S E NT E R(S ): C raig B ettis, Vail P olice Commander AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Ordinance No. 1, S eries of 2021 upon second reading B AC K G RO UND: Ordinance No. 1, S eries of 2021 would update the Vail Town C ode to reflect the recent updates to Unclaimed P roperty A ct, C .R .S. §§ 38-13-101, et seq. (the "Act"). S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Ordinance No. 1, S eries of 2021 upon second reading AT TAC H ME N TS : Description Ordinance 1, S er ies 2021 January 19, 2021 - Page 61 of 66 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX ORDINANCE NO. 1 SERIES 2021 AN ORDINANCE REPEALING AND REENACTING CHAPTER 2 OF TITLE 6 OF THE VAIL TOWN CODE REGARDING PROCEDURES FOR DISPOSING OF UNCLAIMED PROPERTY IN THE TOWN NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 2 of Title 6 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 6-2-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: ABANDONED INTANGIBLE PROPERTY: Any fixed and certain interest in intangible property held, issued, or owned in the ordinary course of the Town's business, including without limitation cash, checks, drafts, deposits, interest, dividends, income, credit balances, customer overpayments, gift cards, refunds, unpaid wages or pension benefits, reimbursements, stocks, unpaid wages, and interest or income derived therefrom that is held by or under the control of the Town that has not been claimed by its owner for a period of more than one (1) year after the property became distributable. OWNER: A person that owns unclaimed property held by the Town or their duly authorized legal representative or successor in interest. UNCLAIMED PROPERTY: Any tangible or intangible property, except abandoned intangible property, that is held by or under the control of the Town that has not been claimed by its owner for a period of more than one hundred and eighty (180) days after the Town took possession of the property. 6-2-2: PROCEDURES: A. Personal Notice: Prior to disposition of any unclaimed property having an estimated value of one thousand dollars ($1,000) or more or any abandoned intangible property regardless of value, the Police Department shall give written notice by certified mail, return receipt requested, to the last known address of a known owner of the unclaimed property or the abandoned intangible property. The notice shall include a description of the property, the estimated value of the property, and the location where the owner may pick up the property. The notice shall also state that if the owner fails to provide the Police Department with a written claim for the return of any unclaimed property within thirty (30) days of the date of the notice for January 19, 2021 - Page 62 of 66 2 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX unclaimed property, or five (5) years for abandoned intangible property, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. B. Notice by Publication: Prior to disposition of any unclaimed property having an estimated value of one thousand dollars ($1,000) or more and having no known owner or disposition of any abandoned intangible property, or when the Town has no last known address of the owner, the Police Department shall cause a notice to be published on the Town's website. The notice shall include a description of the property and the estimated value of the property. The notice shall also state that if the owner fails to provide the Police Department with a written claim within thirty (30) days of the date of the publication of the notice for unclaimed property, or five (5) years for abandoned intangible property, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. C. Time Limits: 1. If the Police Department receives no timely written claim, the property shall become the sole property of the Town and any claim of the owner to such property shall be deemed forfeited. 2. Any unclaimed property of less than one thousand dollars ($1,000) shall become the sole property of the Town thirty (30) days after it becomes unclaimed property. 3. Any abandoned intangible property shall become the sole property of the Town five (5) years after it becomes abandoned intangible property. D. Claims: The Police Department shall evaluate each timely written claim and give written notice within thirty (30) days that the claim has been accepted or denied in whole or in part. The Police Department may investigate the validity of the claim and may request further supporting documentation from the claimant. If there is more than one claimant for the same property, the Police Department may, in its sole discretion, resolve said claims, or may file an interpleader action. If any claim is denied, the property shall become the sole property of the Town and any claim of the owner of such property shall be deemed forfeited. The Police Department's decision shall be final, subject only to judicial review as provided by law. 6-2-3: EXEMPTIONS: Vehicles subject to impoundment are exempt from this Chapter. January 19, 2021 - Page 63 of 66 3 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX 6-2-4: DISPOSITION: In the event unclaimed property or abandoned intangible property becomes the property of the Town under this Chapter, or is otherwise deemed forfeited to the Town, the Police Department may elect to retain the property for use in the conduct of Town business, may elect to donate the property to a non-denominational charitable organization serving the citizens of the Town, or may elect to sell the property at public auction. The sale and conveyance of any such property is without right of redemption. If no bid is made for an item offered for sale, it shall remain the property of the Town and the Town may either retain the property or dispose of it. Section 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. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. 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 ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of January, 2021 and a public hearing for second reading of this Ordinance is set for the ___ day of ______________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 64 of 66 4 12/28/2020 S:\TOWN COUNCIL AGENDA ITEMS\2021\010521\UNCLAIMED PROPERTY-O122320.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of _______________, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk January 19, 2021 - Page 65 of 66 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 : Adjournment 7:20 pm (estimate) January 19, 2021 - Page 66 of 66