HomeMy WebLinkAbout2021-12-21 Agenda and Supporting Documentation Town Council Evening Meeting
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 PM, December 21, 2021
Meeting to be held in C ouncil Chambers and Virtually on
Zoom (access H igh Five Access Media livestream day of the
meeting)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
1.1.Citizen Participation
2.Recognition
2.1.Promotion of J ustin Liffick to Vail Police Commander 5 min.
Presenter(s): Scott Robson, Town Manager, Dwight Henninger, Chief of
Police
3.Any action as a result of executive session
4.Appointments for Boards and Commissions
4.1.Appoint one Member to the Building and Fire Codes Appeals Board
(B&FC A)
5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint one person to serve as an
alternate member on the Building & Fire Code Appeals Board for a partial
term ending March 31, 2024.
4.2.Appoint one member to the Planning and Environmental Commission
(P E C)
5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint one person to the P E C for
a partial term ending March 31, 2022.
5.Consent Agenda (5 min.)
December 21, 2021 - Page 1 of 148
5.1.Resolution No. 54, Series of 2021, A Resolution Approving a Sixth
Amendment to Agreement Between the Eagle County Housing and
Development Authority and the Town of Vail
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 54, Series of 2021
Background: The Eagle County Housing and Development Authority (the
"E C HD A' ') and the Town entered into an agreement dated the 31st day of
May, 2016, for certain Services. The Original Agreement contemplated that
the E C HD A 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
E C HD A completes. E C HD A and Town desire to modify the scope of
Services and compensation for 2022.
5.2.Resolution No. 56, Series of 2021, A Resolution Approving a Trench,
Conduit, and Vault Agreement and an Underground Right-of-Way
Easement with Holy Cross Energy
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 56, Series of 2021
Background: The agreement and easement are necessary to move forward
with the W est Lionshead Boiler Transformer project.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 56, Series of 2021
5.3.Resolution No. 57, Series of 2021, A Resolution Approving a Lease
Agreement Between the Town of Vail and La Cantina @Vail, L L C
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 57, Series of 2021
Background: On December 31, 2011, the Town of Vail and La Cantina
@Vail, L L C entered into a lease agreement whereby the Town leased to La
Cantina @Vail, L L C the property within the village parking structure for use
as a restaurant, which lease has expired.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 57, Series of 2021
5.4.2022 Vail Daily Professional Service Contract Award
Action Requested of Council: Authorize the Town Manager to enter into the
Professional Service Agreement with Swift L L C/Ogden Newspapers I nc. in
a form approved by the Town Attorney not to exceed $90,000.
Background: The Town of Vail 2022 operating budget provides for print and
digital advertising in publications produced by Swift L L C/Ogden
Newspapers I nc. (Vail Daily) across all departments. The budgeting
process provides the foundation to establish advertising rates for 2022 as
described in a partnership agreement with Swift LLC/Ogden Newspapers
I nc. The agreement is for up to $90,000 to be spent across all departments
which is nearly 50% off community rates. I n accordance with town policy,
the Town Council must authorize the Town Manager or its designee to enter
into agreements above $50,000.
6.Presentations / Discussion
6.1.Civic Area Plan - Next Steps 45 min.
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: No formal action requested.
Background: On November 5, 2019, Council approved Resolution No. 41,
December 21, 2021 - Page 2 of 148
Series of 2019, A Resolution of the Vail Town Council Adopting the
2018/2019 Town of Vail Civic Area Plan. On February 4, 2020, staff
provided a memo and presentation on next steps towards implementation.
Shortly thereafter, Civic Area Plan implementation efforts were paused due
to the C OV I D-19 pandemic and the resultant crisis level budget.
Staff Recommendation: Staff recommends Council review the staff memo
and presentation and provide feedback.
6.2.W est Vail Master Plan - Phase 1 I mplementation 15 min.
Presenter(s): Matt Gennett, Community Development Director
Action Requested of Council: No formal action requested.
Background: The W est Vail Master Plan was adopted by Council via
Resolution No. 50, Series of 2021, on November 2, 2021, after thorough
public engagement and review process.
Staff Recommendation: Staff asks Council to review the presentation and
provide direction on implementation of Phase 1 of the West Vail Master
Plan.
7.Town Manager Report (10 min.)
7.1.Public Health Updates 5 min.
7.2.Early Season Activations (Brief Recap) 5 min.
8.Action Items
8.1.At the request of the Vail Town Council, a letter expressing support for the
Colorado Outdoor Recreation and Economy (C ORE) Act, protecting over
400,000 acres of public land in Colorado.
20 min.
Presenter(s): Scott Robson, Town Manager, Kristen Bertuglia,
Environmental Sustainability Director, Mark Novak, Fire Chief
Background: The Vail Town Council has requested staff bring forward a
letter of support for the C ORE Act, reiterating support expressed in 2010,
2014 and 2019. The C ORE Act will add new wilderness areas to the north
of the Town of Vail, recreation and wildlife conservation areas, and the
Camp Hale historic landscape designation.
Staff Recommendation: Staff recommends the Vail Town Council direct staff
to forward the letter of support to Colorado Congressional representatives
and make it available to interested parties.
9.Public Hearings
9.1.Ordinance No. 24, Series of 2021, Second Reading, Amending Chapter 4
of Title 1 of the Vail Town Code to Provide for an Administrative Penalty for
the Late Filing of Employee Housing Unit Annual Verification Affidavits
10 min
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 24, Series of 2021, on second reading
Background: The purpose of Ordinance No. 24, Series of 2021, is to
amend the Vail Town Code to create an administrative penalty to be
assessed upon deed-restricted property owners that fail to meet the deed
restriction compliance deadline of February 1, annually.
Staff Recommendation: Approve Ordinance No. 24, Series of 2021, as
proposed.
December 21, 2021 - Page 3 of 148
9.2.Ordinance No. 25, Series 2021, Second Reading Amending Title 12,
Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7,
Amendment, to Amend Section 12-15-3: Definition, Calculation, and
Exclusions, Vail Town Code, to allow for Underground Car Lifts to be Added
and Exempted from GRFA Calculations
5 min.
Presenter(s): Greg Roy, Planner
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 25, Series of 2021, upon second reading.
Background:
I n summary, GRFA is meant to control the bulk and mass of a building as
viewed from the exterior of the property. The nature of underground car lifts
means that they would not add to the bulk and mass of the building as
viewed from the exterior and should be exempted from the GRFA
calculations.
The Planning and Environmental Commission held a public hearing on the
proposed prescribed regulation amendment on November 8, 2021 where a
recommendation for approval was forwarded to the Vail Town Council by a
vote of 6-0-1 (Gillette abstained).
Staff Recommendation: Approve, approve with modifications, or deny
Ordinance No. 25, Series of 2021, upon second reading.
9.3.Ordinance No. 26, Series 2021, Second Reading, an Ordinance Amending
Title 4, Chapter 3 of the Vail Town Code to Codify the I mposition of a Voter-
Approved I ncrease in the Town's Existing Sales Tax, Effective J anuary 1,
2022
5 min.
Presenter(s): Carlie Smith, Deputy Finance Director
Action Requested of Council: Approve, or approve with amendments the
second reading of Ordinance 26, Series 2021.
Background: Town of Vail voters approved a 0.5% increase in sales tax on
all items, excluding food for home consumption, effective J an 1, 2022, and
sunsetting on December 31, 2052. The increase in sales tax is dedicated to
funding housing initiatives, housing developments, and housing programs.
The purpose of Ordinance No. 26, Series 2021 is to amend Title 4, Chapter
3 to codify the new tax rate and exemption.
Staff Recommendation: Approve, or approve with amendments the second
reading of Ordinance 26, Series 2021.
10.Adjournment
10.1.Adjournment 8:15 pm (estimate)
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
December 21, 2021 - Page 4 of 148
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: Citizen P articipation
AT TAC H ME N TS:
Description
Citizen Participation
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From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Public Input on Indoor Mask Mandate
Date:Tuesday, December 21, 2021 11:41:11 AM
Attachments:image008.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Zachary Meyers <ZMeyers@vailresorts.com>
Sent: Tuesday, December 21, 2021 11:22 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Public Input on Indoor Mask Mandate
Dear Council,
I wanted to take a moment to send a note as I understand you are considering an indoor mask
requirement for public spaces in the town of Vail at this evening’s Council meeting. I strongly
support going to back to an indoor requirement for all public spaces except when a guest is sitting in
a restaurant actively eating/drinking. With the rapid increase we’ve seen in cases in the county it is
imperative that we do everything we can to minimize the spread of the virus going into this critical
time for our businesses. Having the Town’s support on this requirement will be helpful with
enforcement by our staff in areas where we’ve already been trying to require masks and have
received push-back from guests who tell us we are unable to require mask use. We appreciate your
consideration and all that you do.
December 21, 2021 - Page 18 of 148
Warm Regards,
Zachary W. Meyers
Senior Director of Lodging and General Manager
The Arrabelle at Vail Square, a RockResort / Vail Collection at Lionshead and Ritz-Carlton
Residences
The Lodge at Vail, a RockResort / Austria Haus Hotel
675 Lionshead Place
Vail, CO 81657
Direct: 970-754-7792
Cell: 970-471-5569
Fax: 970-754-7787
zmeyers@vailresorts.com
https://link.edgepilot.com/s/f6c5c221/tsp1F_rG7EO-0ee29AAMjw?
u=http://arrabelle.rockresorts.com/
VAIL Like nothing on earth.
The information contained in this message is confidential and intended only for the use of the
individual or entity named above, and may be privileged. Any unauthorized review, use, disclosure,
or distribution is prohibited. If you are not the intended recipient, please reply to the sender
immediately, stating that you have received the message in error, then please delete this e-mail.
Thank you.
December 21, 2021 - Page 19 of 148
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Indoor masks in town
Date:Tuesday, December 21, 2021 5:27:59 PM
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: Erin Iba <e_iba@mac.com>
Sent: Tuesday, December 21, 2021 5:27 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Indoor masks in town
Hey Everyone,
Merry Christmas and happy holidays! Thanks for all you do for our community! I’m writing to urge the council to
require masks indoors and proof of vaccination. The virus needs hosts to spread and mutate, so let’s not give it
hosts! Although Eagle county has done well with vaccinations the guests that visit are from everywhere. As much as
I would like to think people choose to do the right thing and join together for everyone as a community, that just
isn’t happening. Although the grocery store employees are required to wear masks, city markets signs requesting
everyone to mask up regardless of vaccination status have gone unheeded until the new variant made news a few
weeks ago. The individuals administering covid tests are not only masked but in full hazmat suits. Medical
professionals, hmmmm. At Gorsuch Cafe the sign on the door advising that you must be masked to enter goes
unheeded 90% of the time. And of course, TOV employees are also required to mask up. Let’s keep businesses
healthy and the ski season rockin by masking up and proof of vaccination. Thanks for listening!
Best,
Erin Iba
Sent from my iPhone
December 21, 2021 - Page 20 of 148
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: Promotion of J ustin L iffick to Vail Police Commander
P RE S E NT E R(S ): S cott Robson, Town Manager, Dwight Henninger, Chief of Police
December 21, 2021 - Page 21 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A ppoint one Member to the B uilding and F ire Codes A ppeals B oard (B&F C A )
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one person to serve as an alternate
member on the Building & Fire Code Appeals Board for a partial term ending March 31, 2024.
December 21, 2021 - Page 22 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A ppoint one member to the P lanning and E nvironmental Commission (P E C)
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one person to the P E C for a partial
term ending March 31, 2022.
December 21, 2021 - Page 23 of 148
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. 54, S eries of 2021, A Resolution Approving a S ixth A mendment
to A greement B etween the Eagle County Housing and Development A uthority and the Town of Vail
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 54, Series of 2021
B AC K G RO UND: The Eagle County Housing and Development A uthority (the "E C HD A' ') and
the Town entered into an agreement dated the 31st day of May, 2016, for certain Services. The
Original Agreement contemplated that the E C HD A would perform certain S ervices for the Town
with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales that the
E C HD A completes. E C HD A and Town desire to modify the scope of Services and compensation
for 2022.
AT TAC H ME N TS:
Description
Resolution No. 54 Series of 2021 Town of Vail Eagle County Housing and Development Authority IG A
IG A with Town of Vail and E C H D A Sixth Amendment 12212021
December 21, 2021 - Page 24 of 148
RESOLUTION NO. 54
SERIES OF 2021
A RESOLUTION APPROVING A SIXTH AMENDMENT TO AGREEMENT BETWEEN THE EAGLE
COUNTY HOUSING AND DEVELOPMENT AUTHORITY AND THE TOWN OF VAIL
WHEREAS, 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");
WHEREAS, 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;
WHEREAS, the ECHDA and the Town entered into a First Amendment dated the 18th day of
January, 2017 and effective as of the 31st day of December, 2016 to extend the term of the Original
Agreement and have ECHDA perform certain Services for additional compensation;
WHEREAS, the ECHDA and the Town entered into a Second Amendment dated the 27th day
of February, 2018 and effective as of the 31st day of December, 2017, to extend the term of the
Original Agreement and to have the ECHDA perform certain services for additional compensation;
WHEREAS, the ECHDA and the Town entered into a Third Amendment dated the 31st day of
December, 2018 and effective as of the 31st day of December, 2018, to extend the term of the Original
Agreement and to have the ECHDA perform certain services for additional compensation;
WHEREAS, the ECHDA and the Town entered into a Fourth Amendment dated the 31st day
of December, 2019 and effective as of the 31st day of December, 2019, to extend the term of the
Original Agreement and to have the ECHDA perform certain services for additional compensation;
WHEREAS, the ECHDA and the Town entered into a Fifth Amendment dated the 1st day of
December, 2020 and effective as of the 31st day of December, 2020, to extend the term of the Original
Agreement and to have the ECHDA perform certain services for additional compensation;
WHEREAS, ECHDA and Town desire to modify the scope of Services and compensation for
2022 as set forth in the Agreement attached as Exhibit A and made a part hereof by this reference
(the "Fifth Amendment "); and
WHEREAS, the term of the Original Agreement expires on the 31st day of December, 2021, and the
parties also desire to extend the term for an additional year.
NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL,
STATE OF COLORADO:
Section 1. The Council hereby approves the Sixth Amendment and authorizes the Town
Manager to enter into the Sixth Amendment in substantially the same form as attached hereto as
Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
December 21, 2021 - Page 25 of 148
INTRODUCED, READ, APPROVED AND ADOPTED this 21st day of December, 2021.
Kim Langmaid, Mayor
Town of Vail
Tammy Nagel
Town Clerk
December 21, 2021 - Page 26 of 148
SIXTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY HOUSING AND DEVELOPMENT AUTHORITY
AND
THE TOWN OF VAIL
THIS SIXTH AMENDMENT (“Sixth Amendment”) is effective as of the 31st day of December
2021, by and between the Town of Vail, a municipal corporation (hereinafter “Town”) and Eagle
County Housing and Development Authority, a body corporate and politic (hereinafter
“ECHDA”).
RECITALS
WHEREAS, ECHDA and Town entered into an agreement dated the 31st day of May 2016, for
certain Services (the “Original Agreement”); and
WHEREAS, the Original Agreement contemplated that ECHDA would perform certain Services
for Town with compensation in an amount equal to $11,700 plus 2% of the deed restricted sales
that ECHDA completes; and
WHEREAS, ECHDA and Town amended the Original Agreement on five prior occasions to
extend the term and to have the ECHDA perform certain Services for additional compensation;
and
WHEREAS, the term of the Original Agreement will expire as of December 31, 2021, and the
ECHDA and Town desire to extend the term of the Original Agreement for an additional year
and to modify the scope of Services and compensation for 2022, as set forth below; and
SIXTH AMENDMENT
NOW THEREFORE, in consideration of the foregoing and the mutual rights and obligations as
set forth below, the parties agree as follows:
1. The Original Agreement shall be amended to include 2022 Services as described in
Exhibit 1, which is attached hereto and incorporated herein by reference.
2. The compensation for the 2022 Services set forth in Exhibit 1 shall not exceed $7,800
plus 2% of the deed restricted sales that ECHDA completes.
3. The term of the Original Agreement is hereby extended to the 31st day of December
2022.
December 21, 2021 - Page 27 of 148
4. Capitalized terms in this Sixth Amendment will have the same meaning as in the
Original Agreement. To the extent that the terms and provisions of the Sixth
Amendment conflict with, modify or supplement portions of the Original and First,
Second, Third, Fourth, and Fifth Amendments, the terms and provisions contained in
this Sixth Amendment shall govern and control the rights and obligations of the
parties.
5. Except as expressly altered, modified, and changed in this Sixth Amendment, all
terms and provisions of the Original Agreement shall remain in full force and effect,
and are hereby ratified and confirmed in all respects as of the date hereof.
6. This Sixth Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Sixth Amendment to the
Original Agreement the day and year first above written.
EAGLE COUNTY HOUSING AND
DEVELOPMENT AUTHORITY
By: _____________________________
Matt Scherr, Chair
Attest:
By: ____________________________
Regina O’Brien, Clerk
TOWN OF VAIL
By: __________________________________
Kim Langmaid, Mayor
Attest:
By: _____________________________
Tammy Nagel, Town Clerk
December 21, 2021 - Page 28 of 148
EXHIBIT 1
2022 SCOPE OF SERVICES AND FEES
The following services will be provided to the Town of Vail (Town) by ECHDA through The
Valley Home Store (hereinafter “TVHS”):
1. Resales of the Town’s deed restricted housing stock.
a. Includes all aspects of sales, from listing through closing of the unit ensuring
compliance with all aspects of the deed restrictions.
b. ECHDA/TVHS staff will hold 2 open houses for each listing and/or provide
individual unit showings as appropriate. Open houses may include in person,
virtual or equivalent based on the recommendations from the Colorado Real
Estate Commission in response to the COVID Public Health regulations.
c. ECHDA/TVHS will cause units offered for sale to be advertised in accordance
with the Town’s adopted Employee Housing Guidelines. ECHDA/TVHS will
advertise on our website and in the real estate section of the local newspaper.
Town of Vail shall advertise on their weekly email communications, display ads
in the local newspaper, and other to be determined.
d. ECHDA/TVHS will assist sellers, buyers, lenders, and appraisers through the real
estate process.
e. ECHDA/TVHS will comply with policies and procedures outlined in the
Guidelines, as may be updated from time to time, as applicable.
ECHDA/TVHS will receive sales fees of 2% of the deed restricted sales that it completes
as compensation for this service.
2. ECHDA/TVHS will serve as a resource to Town and consumers regarding the Town’s
housing programs and initiatives.
a. Communicate Town’s housing program and initiatives information on TVHS
website, including deed restriction purchase program.
b. Provide three (3) in person first time homebuyer education courses, either in
person or in a virtual setting.
c. Provide individual credit counseling or budgeting sessions to buyers or owners of
Town units or down payment assistance programs.
d. Attend work sessions with Vail Local Housing Authority or Town Council as
requested and recommend best practices.
e. Provide best practices and recommendations for Housing Guidelines revision, if
needed.
f. Provide timely Comparative Market Analysis or equivalent Vail Board of
Realtors utilizing the Multiple List Service report in order to assist with the Vail
InDeed program.
December 21, 2021 - Page 29 of 148
Compensation for this Service will be $7,800 and will be paid by the Town to ECHDA/TVHS,
upon receipt of an invoice from ECHDA, in December 2022. This fee is based on 120 hours of
work at $65/hour.
December 21, 2021 - Page 30 of 148
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. 56, S eries of 2021, A Resolution Approving a Trench, Conduit,
and Vault Agreement and an Underground Right-of-Way Easement with Holy Cross E nergy
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 56, Series of 2021
B AC K G RO UND: The agreement and easement are necessary to move forward with the West
L ionshead B oiler Transformer project.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 56,
S eries of 2021
AT TAC H ME N TS:
Description
Resolution No. 56, Series of 2021
December 21, 2021 - Page 31 of 148
RESOLUTION NO. 56
Series of 2021
A RESOLUTION APPROVING A TRENCH, CONDUIT, AND VAULT AGREEMENT
AND AN UNDERGROUND RIGHT-OF-WAY EASEMENT WITH HOLY CROSS
ENERGY
WHEREAS, the Town and Holy Cross Energy wish to enter into the agreements
set forth in Exhibit A, attached hereto and incorporated herein by this reference (the
"Agreements").
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Agreements 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 Agreements 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 21st day of December 2021.
Kim Langmaid, Town Mayor
ATTEST:
Tammy Nagel, Town Clerk
December 21, 2021 - Page 32 of 148
HOLY CROSS ENERGY
UNDERGROUND RIGHT-OF-WAY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the undersigned,
Town of Vail
(hereinafter called "Grantor"), for a good and valuable consideration, the receipt whereof is hereby acknowledged, does
hereby grant unto Holy Cross Energy, a Colorado corporation whose post office address is P. O. Box 2150, Glenwood
Springs, Colorado (hereinafter called "Grantee") and to its successors and assigns, the right of ingress and egress across
lands of Grantor, situate in the County of Eagle, State of Colorado, described as follows:
A parcel of land situate in Section 06, Township 5S South, Range 84 West of the 6th P.M., as more fully
described at Reception Number 259667 in the records of the Eagle County Clerk and Recorder’s Office,
Eagle, Colorado.
And, to construct, reconstruct, repair, change, enlarge, re-phase, operate, and maintain an underground electric
transmission or distribution line, or both, with the underground vaults, conduit, fixtures and equipment used or useable in
connection therewith, together with associated equipment required above ground, within the above mentioned lands, upon
an easement described as follows:
An easement ten (10) feet in width, the centerline for said easement being an underground power line as constructed, the
approximate location of which upon the above described property is shown on Exhibit A attached hereto and made a part
hereof by reference.
The rights herein granted specifically allow Grantee to install additional underground and/or pad-mounted facilities within
the easement described herein.
It shall be the Grantor’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on said real property are accessible by Grantee’s boom trucks and other necessary equipment and personnel at
all times. The use of such access by Grantee shall not require removal or alteration of any improvements, landscaping, or
other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer and
switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults shall be
even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow) and
accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers and
switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface within ten
(10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping, and other
obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-opening
sides and backs of said transformers and switchgear. Grantor hereby agrees to maintain the requirements of this
paragraph and further agrees to correct any violations which may occur as soon as notified by Grantee. Said corrections
will be made at the sole cost and expense of Grantor.
Together with the right to remove any and all trees, brush, vegetation and obstructions within said easement and the right
to pile spoils outside said easement during construction and maintenance, when such is reasonably necessary for the
implementation and use of the rights hereinabove granted. In areas where vegetation is disturbed by the above described
use of the easement, the ground surface shall be seeded using a standard native mix by Grantee. Grantor agrees that
landscaping or other surface improvements added on said easement after the date of execution hereof will be minimized
and that Grantee will not be responsible for damage to said additional landscaping or surface improvements caused by
exercise of its rights granted by this easement.
Grantor agrees that all facilities installed by Grantee on the above described lands, shall remain the property of Grantee,
and shall be removable at the option of Grantee.
Grantor covenants that they are the owner of the above described lands and that the said lands are free and clear of
encumbrances and liens of whatsoever character, except those held by the following: All those of Record.
TO HAVE AND TO HOLD, said right-of-way and easement, together with all and singular, the rights and privileges
appertaining thereto, unto Grantee, its successors and assigns, forever.
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IN WITNESS WHEREOF, Grantor has caused these presents to be duly executed on this day of
, 20 .
The individual signing this Holy Cross Energy Underground Right-of-Way Easement hereby represents that they have full
power and authority to sign, execute, and deliver this instrument.
Town of Vail
By:
Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of ,
20 , by as Mayor of Town of Vail.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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December 21, 2021 - Page 34 of 148
December 21, 2021 - Page 35 of 148
TRENCH, CONDUIT, AND VAULT AGREEMENT
This agreement is made and entered into this day of , 20 ,
between Town of Vail, whose mailing address is 75 South Frontage Rd. Vail, CO 81657, hereinafter called "Owner", and Holy
Cross Energy, a Colorado corporation whose mailing address is P. O. Box 2150, Glenwood Springs, Colorado 81602, hereafter
called "Holy Cross".
WHEREAS, Holy Cross has been requested by Owner to provide underground electric facilities, hereinafter called “Facilities”,
to serve a project known as Vail W. Lionshead Boiler Transformer, hereinafter called “Project”; and,
WHEREAS, Owner is required to provide all excavation, conduit and vault installation, backfill, compaction and cleanup
needed to construct said requested Facilities; and,
WHEREAS, Owner owns real property described as follows: A parcel of land situate in Section 06, Township 5S South,
Range 84 West of the 6th P.M., as more fully described at Reception Number 259667 in the records of the Eagle County
Clerk and Recorder’s Office, Eagle, Colorado, hereinafter called “Property”, which Property is the real property where the
Project is being developed; and,
WHEREAS, installation of Facilities to serve the Project may require trenching or other excavation on certain real property
adjacent to the Project described as follows: N/A, hereinafter called “Adjacent Land”.
NOW, THEREFORE, Owner and Holy Cross agree as follows:
1. Owner shall provide all excavation, conduit and vault installation, backfill, compaction and cleanup necessary for
installation of Facilities to serve the Project. Such excavation shall be located as shown on the construction plans
approved by Holy Cross, and performed in accordance with Holy Cross Vault Installation Specifications, Construction
Specifications and inspector requirements. Any deviation from the approved construction plans will not be made unless
approved by Holy Cross in advance. All Facilities installed hereunder shall be inspected during construction by Holy
Cross and shall meet all Holy Cross requirements prior to acceptance of such Facilities by Holy Cross.
a. Prior to commencement of any work hereunder, Holy Cross shall furnish to Owner its Vault Installation Specifications
and Construction Specifications and such specifications are made a part hereof by reference.
b. All Facilities installed within the Property and Adjacent Land shall be within dedicated or conveyed and recorded
utility easements.
c. The top of all conduits installed hereunder shall be located a minimum of 48” below the final grade of the ground
surface.
d. A twelve-inch (12”) minimum separation will be maintained between conduits installed for the Facilities and all other
new or existing underground utilities. Wherever possible, this separation will be horizontal. The Facilities conduit
separation from plastic gas lines shall be greater than this minimum wherever practicable.
e. Holy Cross will supply the necessary conduit and vaults for installation by the Owner upon completion of contractual
arrangements. Owner assumes responsibility for all material lost or damaged after such material has been issued
to and signed for by Owner or by an agent of Owner. Alternatively, Owner may provide its own conduit and vaults
meeting Holy Cross specifications for use on the Project and convey such provided material to Holy Cross with an
acceptable Bill of Sale. After installation by the Owner and acceptance by Holy Cross, Holy Cross shall continue as
the owner of the conduit, vaults and related structures and facilities.
f. If conduit and/or vault installation provided by Owner for the Project are found to be unusable or improperly
constructed, irrespective of whether such discovery is made during or after installation, Owner will be responsible
for correcting said problems at its expense as specified by Holy Cross and Owner shall reimburse Holy Cross for all
additional costs resulting from conduit and/or vault installation being unusable or improperly constructed.
2. Despite the fact that Holy Cross reserves the right to specify acceptable work performed hereunder, Owner shall perform
work hereunder as an independent contractor, including, but not limited to, the hiring and firing of its own employees,
providing its own tools and equipment, payment of all wages, taxes, insurance, employee withholdings, and fees
connected with its work on the Project.
3. Owner shall obtain all necessary digging permits and utility locations prior to excavation for work performed hereunder.
Owner shall repair all damage caused during excavation promptly and at its expense. No excavation will be undertaken
within five (5) feet of existing underground electric facilities except under the on site supervision of a Holy Cross
employee.
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4. Owner shall indemnify, save, and hold harmless Holy Cross, its employees and agents, against any and all loss, liability,
claims, expense, suits, causes of action, or judgments for damages to property or injury or death to persons that may
arise out of work performed hereunder, or because of a breach of any of the promises, covenants and agreements herein
made by the Owner. Owner shall promptly defend Holy Cross whenever legal proceedings of any kind are brought
against it arising out of work performed hereunder by the Owner and/or work performed at the direction of the Owner.
In the event Owner shall fail to promptly defend Holy Cross, it shall be liable to Holy Cross, and shall reimburse it, for
all costs, expenses and attorney fees incurred in defending any such legal proceeding. Owner agrees to satisfy, pay,
and discharge any and all judgments and fines rendered against Holy Cross arising out of any such proceedings. Owner
also agrees to promptly satisfy and pay any monetary settlements of disputes that arise hereunder, provided Owner has
been given the opportunity to join in such settlement agreements. The above indemnification clause shall not apply to
state and local governments or local service districts. In lieu thereof, whenever Owner is a government or district it shall
procure and maintain in effect at least $1,000,000 of public liability insurance covering the acts, damages and expenses
described in the above indemnification clause. Upon Holy Cross’ request, such an Owner shall furnish a Certificate of
Insurance verifying the existence of such insurance coverage.
5. Owner shall repair, at its expense, any excavation settlement and damage to asphalt paving or other surface
improvements caused by such settlement resulting from work performed hereunder within the Property and Adjacent
Land for a period of two (2) years beginning on the date backfill and cleanup are completed.
6. Owner, at its expense, shall stop the growth of thistles and/or other noxious weeds in all areas disturbed by excavation
performed hereunder for a period of two (2) years beginning on the date backfill and cleanup are completed.
7. In the event Owner shall not promptly complete all of the obligations hereinabove agreed to be performed by Owner,
Holy Cross may give written notice by registered or certified mail demanding Owner to complete the work and obligations
undertaken by Owner herein, and if such is not completed within 30 days after receipt of such notice by Owner, Holy
Cross may complete the work and obligations hereof. If Holy Cross shall be required to complete the work, all costs of
completion shall be chargeable to and collectible from Owner.
8. As set forth in paragraph 1 above, Owner covenants that the trench, and all Facilities within the trench installed hereunder
shall be located within dedicated or conveyed and recorded utility easements and at the proper depth below finished
grade. It shall be the obligation of Owner to properly locate and construct the Facilities within the easement. Should it
ever be discovered that such Facilities have not been properly located within dedicated or conveyed and recorded utility
easements, or at the proper depth, it shall be the obligation of Owner to provide new easements for the actual location
of the Facilities, or to relocate the Facilities within the easement, all of which shall be at the sole cost and expense of
Owner.
9. It shall be Owner’s responsibility to ensure that splice vaults, switchgear vaults and transformer vaults installed
hereunder on the Property are accessible by Holy Cross boom trucks and other necessary equipment and personnel at
all times. The use of such access by Holy Cross shall not require removal or alteration of any improvements, landscaping,
or other obstructions. The ground surface grade shall not be altered within ten (10) feet of said splice, switchgear and
transformer vaults, nor along the power line route between the vaults. The ground surface grade at said transformer
and switchgear vaults shall be six (6) inches below the top of the pad. The ground surface grade at said splice vaults
shall be even with the top of the pad. The manhole opening of said splice vaults shall be uncovered (excluding snow)
and accessible at all times. Improvements, landscaping or any other objects placed in the vicinity of said transformers
and switchgear shall be located so as not to hinder complete opening of the equipment doors. The ground surface
within ten (10) feet of said transformer and switchgear doors shall be flat, level and free of improvements, landscaping,
and other obstructions. Improvements, landscaping and other objects will be kept a minimum of four (4) feet from non-
opening sides and backs of said transformers and switchgear. Owner hereby agrees to maintain the requirements of
this paragraph and further agrees to correct any violations that may occur as soon as notified by Holy Cross. Said
corrections will be made at the sole cost and expense of Owner.
10. All Holy Cross meter locations must be approved in advance. Notwithstanding such advance approval, it shall be the
Owner’s responsibility to maintain acceptable access, as determined solely by Holy Cross, to all Holy Cross meters at all
times. At any time in the future, should access to any Holy Cross meters be determined by Holy Cross to be unacceptable,
then it shall be the Owner’s responsibility, at the Owner’s sole cost, to correct the access and make it acceptable, as
determined solely by Holy Cross.
11. Owner covenants that it is the owner of the above described Property and that said Property is free and clear of
encumbrances and liens of any character, except those held by the following: All those of Record.
The promises, agreements and representations made by Owner herein shall be covenants that run with the Property and
shall be binding upon the successors in interest, and assigns, of the Property.
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The individual signing this Trench, Conduit and Vault Agreement hereby represents that they have full power and
authority to sign, execute, and deliver this instrument.
Holy Cross Energy, a Colorado corporation Town of Vail
By: By:
David Bleakley – Vice President, Engineering Mayor
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by as Mayor of Town of Vail.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
STATE OF )
) ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this day of , 20 ,
by David Bleakley – Vice President, Engineering, Holy Cross Energy, a Colorado corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Address:
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Trench, Conduit and Vault Agreement
Holy Cross Energy
December 21, 2021 - Page 38 of 148
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. 57, S eries of 2021, A Resolution Approving a L ease A greement
B etween the Town of Vail and L a Cantina @Vail, L L C
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 57, Series of 2021
B AC K G RO UND: On December 31, 2011, the Town of Vail and L a Cantina @Vail, L L C entered
into a lease agreement whereby the Town leased to L a Cantina @Vail, L L C the property within the
village parking structure for use as a restaurant, which lease has expired.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 57,
S eries of 2021
AT TAC H ME N TS:
Description
Resolution No. 57, Series of 2021
Lease
December 21, 2021 - Page 39 of 148
RESOLUTION NO. 57
Series of 2021
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF
VAIL AND LA CANTINA @VAIL, LLC
WHEREAS, on December 31, 2011, the Town of Vail and La Cantina @Vail, LLC
entered into a lease agreement whereby the Town leased to La Cantina @Vail, LLC the
property described in Exhibit A, attached hereto and incorporated herein by this
reference for use as a restaurant, which lease has expired; and
WHEREAS, the Parties wish to enter into a new lease pursuant to the terms set
forth in Exhibit A (the “Lease”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Lease 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 Lease 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 21st day of December 2021.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
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LEASE AGREEMENT
This LEASE AGREEMENT (the "Agreement") is made and entered into this ____
day of _______________, 2021 (the "Effective Date") between the Town of Vail, a
Colorado home rule municipal corporation with an address of 75 South Frontage Road,
Vail, CO 81657 (the "Town"), and La Cantina @Vail, LLC, a Colorado limited liability
company with an address of 241 South Frontage Road, Suite 3, Vail, CO 81657
("Lessee") (each a "Party" and collectively the "Parties").
WHEREAS, on December 31, 2011, the Parties entered into a lease agreement
whereby the Town leased to Lessee the property described in, Exhibit A, attached hereto
and incorporated herein by this reference (the "Premises") for use as a restaurant, which
lease has expired; and
WHEREAS, the Parties wish to enter into a new lease for the Premises.
NOW THEREFORE, in consideration of the covenants, premises and agreements
herein contained, the receipt and sufficiency of which is hereby acknowledged, the Parties
agree as follows:
ARTICLE 1 – PREMISES
A. Lease. In consideration of the rent, covenants and agreements herein
contained, the Town leases to Lessee, and Lessee rents from the Town, the Premises.
B. Suitability. As of the Effective Date, Lessee has inspected the physical
condition of the Premises and receives the Premises and in "as is" condition. The Town
makes no representations or warranties with respect to the condition of the Premises or
its fitness or availability for any particular use, and the Town shall not be liable to Lessee
for any latent or patent defect on the Premises.
ARTICLE 2 – TERM AND TERMINATION
A. Term. This Agreement shall commence on January 1, 2022 and terminate
on December 31, 2026, unless renewed as provided herein.
B. Renewal. If Lessee is not in default of this Agreement, Lessee shall have
the option to renew the Agreement for an additional term of 5 years commencing at the
expiration of the initial Agreement term, as applicable. The option shall be exercised by
written notice given to the Town not less than 90 days prior to the expiration of the initial
term or renewal term, as applicable.
C. Termination by Town. Notwithstanding any other provision of this
Agreement, if the Town determines, in its sole discretion, that the Premises is needed for
a public purpose, the Town may terminate this Agreement, with or without cause, by
providing Lessee with a minimum of 90 days' prior written notice.
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D. Surrender. Upon the expiration or termination of this Agreement, Lessee
shall peaceably and quietly leave and surrender the Premises in the same condition as it
exists on the date of the execution of this Agreement, subject to reasonable wear and
tear.
E. Holdover. If Lessee remains or continues to be in possession of the
Premises or any part thereof after the end of the term of this Agreement, at the Town’s
option, Lessee shall be deemed to be illegally retaining possession or shall be deemed
to be a month-to-month tenant of the Premises on all the terms and conditions of this
Agreement except that monthly rent equal to the fair market value shall be charged. In
the event of any unauthorized holding over, Lessee shall indemnify the Town against all
claims for damages by any person to whom the Town may have leased all or any part of
the Premises effective after the termination of the lease. Nothing herein contained shall
be construed to limit the Town’s right to obtain possession of the Premises upon
termination of this lease by unlawful detainer proceedings or otherwise in the event that
the Town does not exercise its option to treat the continued possession by Lessee as a
month-to-month tenancy.
ARTICLE 3 – RENT AND REVIEW
A. Base Rent. Lessee shall pay as rent to the Town the sum of $27,600 per
year for the Premises. Lessee shall pay such additional costs as further set forth herein.
The rent shall be payable in 12 equal installments of $2,300 due on the 1st of each month,
with no grace period. The Base Rent shall increase each year, commencing on January
1, 2023, by the amount of the Boulder-Denver Consumer Price Index increase.
B. Additional Rent.
1. In addition to the Base Rent, Lessee shall pay a sum equal 8% of Lessee's
annual gross sales over $337,500. Upon Lessee' s annual gross sales reaching
$337,500, the 8% shall immediately be vested in and become the property of the
Town.
2. Lessee shall furnish to the Town on or before the 20th day of the month a
verified statement of Lessee's gross receipts for the preceding month, in a form
approved by the Town.
3. The term "gross sales" means the entire amount of the price charged either
or wholly or partly in cash or in credit or in exchange for goods or services, for all
food and beverages sold and all charges made for services performed or for the
extension of credit in, at or from any part of the Premises, the amount allowed for
any rain check or complimentary services or products given, all deposits not
refunded to purchasers and all orders taken in or from the premises from which
Lessee would in the normal course of its operations credit or attribute to its
business in the Premises, even though such order may be filled elsewhere, without
deduction in any case for uncollected or uncollectible credit accounts; the gross
receipts from all mechanical or other vending devices placed in the premises by
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Lessee or under authority from Lessee other than such devices which are installed
in portions of the premises not open to the public for the convenience of Lessee' s
employees.
4. If Lessee' s gross sales are required to be reported on any Federal, State,
or municipal sales tax return, or any similar form of return, and gross sales as
report exceed the gross sales as reported under this Agreement, then the gross
sales shall be taken at the highest figure so reported. If any government authority
increases the gross sales reported by Lessee on any such tax returns, after audit,
then Lessee shall promptly notify the Town of such increase and shall promptly
pay any additional rent due.
C. Records.
1. Lessee shall submit to the Town no later than April 15th of each year during
a profit and loss statement prepared by a certified public accountant. Such
statement shall contain an appropriate certificate that all gross receipts during the
yearly accounting period have been properly reported to the Town.
2. Lessee shall maintain and preserved for at least three 3 years a permanent,
accurate set of books and records of all gross sales during each day of the term of
this lease Agreement, and all supporting records including any excise tax reports,
state sales tax, business and occupation tax, and gross income tax reports. Such
books and records shall be maintained in accordance with good accounting
practices, and shall contain sufficient information to permit the accurate calculation
of gross sales.
3. The Town, or its agent or designee, shall have the right to examine, during
regular business hours upon 7 days' prior notice to Lessee, all books and records
in any way pertaining to the business transacted on the Premises.
4. If an audit shows that the gross revenues shown by Lessee's books and
records are understated by more 5%, Lessee shall pay to the Town the cost of
such audit.
ARTICLE 4 – USE AND MAINTENANCE
A. General Use. Lessee agrees and covenants that the use of the Premises
shall comply with the following:
1. Lessee shall operate the Premises as a restaurant in accordance with all
applicable law. Lessee shall not operate any other business on the Premises.
2. The Premises shall not be used for any illegal or improper purpose or other
use that would create a nuisance.
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3. The restaurant shall be open for breakfast, lunch and dinner throughout the
ski season. During the remainder of the year, the restaurant shall be open for
lunch and dinner, with the exception of 14 days of closure immediately following
the end of ski season.
4. Lessee shall provide a 10% discount on all food items to Town employees
in uniform or using a Town credit card for purchases.
B. Maintenance. Lessee agrees that at all times during the term of this
Agreement, Lessee, at its own cost and expense, shall:
1. Except as otherwise set forth herein, not park trucks or delivery vehicles
outside the Premises so as to unreasonably interfere with the use of any
driveways, walks, roadways or parking areas;
2. Maintain the Premises, include the area outside the Premises, reasonably
clean and free grease, dirt, rubbish or obstruction, provided that the Town will
provide street sweeping services.
3. Maintain, repair and replace all equipment required for operation of a
restaurant upon the Premises, including monthly maintenance and semi-annual
professional cleaning of the grease trap in the first 100 feet of drainpipe plumbing,
or more often if needed. If ongoing maintenance is inadequate to keep the drain
lines free from grease, Lessee shall replace the grease trap system.
C. Utilities. Lessee shall pay for all utility charges, including without limitation
water, electricity, heat and gas, at a rate of $1,000 per month. Lessee hereby
acknowledges and agrees that such utility costs shall be subject to increase during the
term of this Agreement based on the current Denver-Boulder Consumer Price Index.
D. Inspection. Lessee shall permit the Town and its agents to enter the
Premises at reasonable times and upon reasonable notice, for the purpose of inspecting
the Premises on an annual basis.
E. Failure to Maintain or Pay Charges. Should Lessee fail to pay any required
charges or to maintain the Premises for a period of 30 days after receipt of written notice
from the Town, the Town may, at its option, pay any such charges or perform any such
maintenance. In such event, Lessee shall reimburse the Town within 10 days of an
invoice from the Town.
F. Use of Back Door Area. When using the back door and areas immediately
adjacent to the back door of the Premises (the "Back Door Area"), Lessee may use a
temporary loading placard in the Back Door Area and perform loading and unloading
activities for a maximum of 30 minutes. Lessee shall keep the Back Door Area reasonably
clean and free from grease, trash or obstruction. Lessee shall store any trash in a manner
that is not visible to cars approaching from the parking garage entrance.
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G. Parking Pass. Lessee shall be entitled to one blue parking pass (or future
equivalent) to allowing park in the Vail Transportation Center. Lessee shall be eligible to
upgrade the parking pass at Licensee's own cost.
ARTICLE 5 – TAXES
Lessee shall be responsible for paying any taxes associated with its use of the
Premises.
ARTICLE 6 – IMPROVEMENTS
A. Additional Improvements. Except for the Required Improvements set forth
in subsection B hereof, Lessee shall not, without first obtaining the written consent of
Town, make any alterations, additions, or improvements, in, to or about the Premises.
B. Required Improvements.
1. Barrier Structure. Within 180 days of the Effective Date, and upon review
and approval of the Town, Lessee shall install a permanent barrier structure (the
“Barrier Structure”) to close off the auxiliary bar area located on the Premises.
Lessee may install a mural on the Barrier Structure.
2. Exhaust Fan System. Upon review and approval by the Town, Lessee may
install a replacement exhaust fan and hood system on the Premises. The Town
agrees to reimburse Lessee for any costs associated with the costs of any required
architectural review by the Design Review Board ("DRB"), if such review is
necessary.
3. Mural. Within 180 days of the Effective Date, Lessee shall provide for the
installation of a mural to complement the existing art on the Premises, subject to
all required Town approvals.
B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to
be filed against the Premises by reason of work, labor, service or materials supplied or
claimed to have been supplied to Lessee. Nothing in this Agreement shall be construed
as constituting the consent of the Town, expressed or implied, to any contractor,
subcontractor, laborer or material supplier for the performance of any labor or the
furnishing of any materials for any improvement or repair of or to the Premises. Nothing
in this Agreement shall be construed as giving Lessee any right to contract for or permit
the rendering of any services or the furnishing of any materials that would give rise to the
filing of any mechanic's lien or claim against the Town's interest in the Premises. If any
mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to be
discharged within 30 days.
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ARTICLE 7 – INDEMNIFICATION
Lessee agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all
claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily
injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this
Agreement or the Premises. This indemnification shall survive the expiration or
termination of this Agreement.
ARTICLE 8 – INSURANCE
A. Coverages. Throughout the term of this Agreement (and after its expiration
or termination as appropriate), Lessee shall procure and maintain, at its sole cost and
expense, all of the following insurance:
1. Workers' Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
B. Form. The coverages afforded under the policies shall not be cancelled,
terminated or materially changed without at least 30 days' prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees, or its contractors shall be excess and not
contributory insurance to that provided by Lessee. Lessee shall be solely responsible for
any deductible losses under any policy.
C. Certificate. Lessee shall provide to the Town a certificate of insurance as
evidence that the required policies are in full force and effect. The certificate shall identify
this Agreement.
ARTICLE 9 – DEFAULT
A. Event of Default. The failure by Lessee to comply with any provision of this
Agreement shall constitute a default of this Agreement.
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B. Remedies. Upon a default, the Town may re-enter and take possession of
the Premises (after appropriate court proceedings), without terminating this Agreement,
and sublease the Premises, holding Lessee liable for the difference in the rent. In
addition, the Town may take any action at law or in equity to enforce performance of any
obligation of Lessee under this Agreement. The Town's remedies shall be cumulative,
and the exercise of one remedy shall not prevent the exercise of any other available
remedy.
C. Attorney Fees and Costs. If the Town brings suit to enforce any provision
of this Agreement or for recovery of the Premises, the Town shall be entitled to all costs
incurred in connection with such action, including reasonable attorney fees.
ARTICLE 10 – SIGNS
A. Lessee shall, at its own expense, provide and maintain in first-class
condition the following permitted signs and shall, on the expiration or termination of this
Agreement and at its own expense, remove all such permitted signs and repair any
damage caused by such removal:
1. One sign located at the Ski Museum outside entrance;
2. One sign box located at the pedestrian garage entrance to the Premises at
a mutually agreeable location; and
3. One sign box located at the vehicular garage entry. Lessee agrees to pay
the Town the amount equal to 2/3 of the annual rental cost of such advertising
charged by the Town’s selected advertising vendor.
B. All signs shall comply with the sign regulations contained Title 11 of the Vail
Town Code. The Town shall have the right to remove all non-permitted signs without
notice to Lessee and at Lessee's expense.
ARTICLE 11 – CASUALTY
If the Premises is damaged by fire or any other cause and the Town elects to repair
the damage this Agreement shall continue in full force and effect and, if such damage
shall render all or part of the Premises untenable, the minimum rent due hereunder shall
be proportionally abated (based on the proportion of the Premises rendered untenable)
from the date of such damage until such time as the Premises have been made tenable.
However, there shall be no abatement of rent if the fire or other cause of the damage is
caused by the negligence or misconduct of Lessee, its agents, servants or employees, or
by any other person’s entering upon the Premises or the building by the expressed or
implied invitation of Lessee. If the Town elects not to repair such damage, then this
Agreement shall automatically terminate upon and effective as of the giving of notice by
the Town of such election. Lessee shall pay rent duly apportioned as of the date of such
termination of this Agreement, and the Town and Lessee shall be free and discharged
from the obligations arising hereunder after the date of such termination.
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ARTICLE 12 – MISCELLANEOUS
A. Modification. No provision of this Agreement may be amended, modified,
revoked, supplemented, waived or otherwise changed except by written instrument duly
executed by the Parties.
B. Entire Agreement. This Agreement constitutes the entire agreement
between the Parties, superseding all prior oral or written communications.
C. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement
shall not be affected thereby, and each provision of this Agreement shall be valid and be
enforceable to the fullest extent permitted by law.
D. Third-Party Beneficiaries. This Agreement is solely for the benefit of the
Parties and no other person or entity shall be a third-party beneficiary thereof.
E. Governing Law and Venue. This Agreement shall be governed and
construed in accordance with the laws of the State of Colorado, and any legal action
arising out of this Agreement shall be brought in Eagle County, Colorado.
F. Notice. Any notice under this Agreement shall be in writing and shall be
deemed sufficient when directly presented or sent prepaid, first-class United States Mail
to the Party at the address set forth on the first page of this Agreement.
G. Successors. This Agreement shall inure to the benefit of and be binding
upon the Parties and their respective heirs, successors, representatives, administrators,
executors and devisees.
H. Assignment and Subletting. Lessee shall not assign this Agreement or
sublet any portion of the Premises without the prior written consent of the Town. Any
such assignment or subletting without the Town's consent shall be void.
I. No Waiver. A failure of a Party to enforce any term of this Agreement shall
not be deemed to be a waiver of any other term of this Agreement.
J. Subordination. This Agreement is and shall be subordinated to all existing
and future liens and encumbrances against the Premises.
K. No Joint Venture. Notwithstanding any provision hereof, the Town shall
never be a joint venture in any private entity or activity which participates in this
Agreement, and the Town shall never be liable or responsible for any debt or obligation
of any participant in this Agreement.
L. Governmental Immunity. Nothing herein shall be construed as a waiver of
any protections or immunities the Town may have under the Colorado Governmental
Immunity Act, C.R.S. § 24-10-101, et seq., as amended.
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M. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
______________________________
Tammy Nagel, Town Clerk
LA CANTINA @VAIL, LLC
________________________________
STATE OF COLORADO )
)ss.
COUNTY OF ________________)
Subscribed and sworn to before me this ____ day of ______________, 2021, by
_________________ as ________________________ of La Cantina @Vail, LLC.
My Commission expires:
_________________________________
Notary Public
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EXHIBIT A
Description of Premises
Three separate areas within the Vail Transportation Center, as depicted on the
attached diagram:
1. Lease space # 303, 3rd Level, consisting of 936 square feet, for the kitchen
and the dining area; and
2. Common area space located on the 3rd Level, consisting of 569 square feet
of dining space, only for the placement of the chairs and tables to be used by Lessee's
patrons (Lessee also agrees and understands that the chairs and tables placed therein
may be used by members of the general public as well as by patrons of Lessee's
establishment); and
3. Storage space located on the 3rd level of the parking garage adjacent to the
main 3rd level pedestrian exit.
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VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: 2022 Vail Daily P rofessional S ervice Contract Award
AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into the
P rofessional S ervice Agreement with S wift L L C/Ogden Newspapers I nc. in a form approved by
the Town A ttorney not to exceed $90,000.
B AC K G RO UND: The Town of Vail 2022 operating budget provides for print and digital
advertising in publications produced by Swift L L C/Ogden Newspapers I nc. (Vail Daily) across all
departments. The budgeting process provides the foundation to establish advertising rates for
2022 as described in a partnership agreement with S wift L L C/Ogden Newspapers I nc. The
agreement is for up to $90,000 to be spent across all departments which is nearly 50% off
community rates. I n accordance with town policy, the Town Council must authorize the Town
Manager or its designee to enter into agreements above $50,000.
AT TAC H ME N TS:
Description
Agreement
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is
made and entered into this 1st day of January, 2022 (the "Effective Date"), by and
between the Town of Vail, a Colorado home rule municipal corporation with an address
of 75 South Frontage Road, Vail, CO 81657, (the "Town"), and Swift LLC/Ogden
Newspapers Inc. dba Vail Daily, an independent contractor with a principal place of
business at 40780 U.S. Highway 6, Avon, Colorado 81620 ("Contractor") (each a
"Party" and collectively the "Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite
expertise and experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete
and prompt execution and performance of all duties, obligations, and responsibilities
which are described or reasonably implied from the Scope of Services set forth in
Exhibit A, attached hereto and incorporated herein by this reference.
B. A change in the Scope of Services shall not be effective unless authorized
as an amendment to this Agreement. If Contractor proceeds without such written
authorization, Contractor shall be deemed to have waived any claim for additional
compensation, including a claim based on the theory of unjust enrichment, quantum
merit or implied contract. Except as expressly provided herein, no agent, employee, or
representative of the Town is authorized to modify any term of this Agreement, either
directly or implied by a course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on January 1, 2022, and shall continue
until Contractor completes the Scope of Services to the satisfaction of the Town, or until
terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written
notice. The Town shall pay Contractor for all work previously authorized and completed
prior to the date of termination. If, however, Contractor has substantially or materially
breached this Agreement, the Town shall have any remedy or right of set-off available
at law and equity.
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III. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the
Town shall pay Contractor an amount not to exceed $90,000. This amount shall include
all fees, costs and expenses incurred by Contractor, and no additional amounts shall be
paid by the Town for such fees, costs and expenses. Contractor shall not be paid until
the Scope of Services is completed to the satisfaction of the Town.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the
responsibilities and render the services described herein and has all requisite corporate
authority and professional licenses in good standing, required by law. The work
performed by Contractor shall be in accordance with generally accepted professional
practices and the level of competency presently maintained by other practicing
professional firms in the same or similar type of work in the applicable community. The
work and services to be performed by Contractor hereunder shall be done in
compliance with applicable laws, ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any
services shall not be construed to operate as a waiver of any rights under this
Agreement or of any cause of action arising out of the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise,
Contractor agrees not to employ subcontractors to perform any work under the Scope of
Services.
D. Contractor shall at all times comply with all applicable law, including
without limitation all current and future federal, state and local statutes, regulations,
ordinances and rules relating to: the emission, discharge, release or threatened release
of a Hazardous Material into the air, surface water, groundwater or land; the
manufacturing, processing, use, generation, treatment, storage, disposal,
transportation, handling, removal, remediation or investigation of a Hazardous Material;
and the protection of human health, safety or the indoor or outdoor environmental,
including without limitation the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. § 9601, et seq. ("CERCLA"); the Hazardous
Materials Transportation Act, 49 U.S.C. § 1801, et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C. § 6901, et seq. ("RCRA"); the Toxic Substances Control Act,
15 U.S.C. § 2601, et seq.; the Clean Water Act, 33 U.S.C. § 1251, et seq.; the Clean Air
Act; the Federal Water Pollution Control Act; the Occupational Safety and Health Act; all
applicable environmental statutes of the State of Colorado; and all other federal, state or
local statutes, laws, ordinances, resolutions, codes, rules, regulations, orders or
decrees regulating, relating to, or imposing liability or standards of conduct concerning
any hazardous, toxic or dangerous waste, substance or material, in effect now or
anytime hereafter.
V. OWNERSHIP
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Any materials, items, and work specified in the Scope of Services, and any and
all related documentation and materials provided or developed by Contractor shall be
exclusively owned by the Town. Contractor expressly acknowledges and agrees that all
work performed under the Scope of Services constitutes a "work made for hire." To the
extent, if at all, that it does not constitute a "work made for hire," Contractor hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display,
reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such
work without providing notice to or receiving consent from Contractor; provided that
Contractor shall have no liability for any work that has been modified by the Town.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of
this Agreement, all personnel assigned by Contractor to perform work under the terms
of this Agreement shall be, and remain at all times, employees or agents of Contractor
for all purposes. Contractor shall make no representation that t is a Town employee for
any purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or
policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by Contractor pursuant to this Agreement. At a minimum,
Contractor shall procure and maintain, and shall cause any subcontractor to procure
and maintain, the insurance coverages listed below, with forms and insurers acceptable
to the Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests
provision, and shall include the Town and the Town's officers, employees, and
contractors as additional insureds. No additional insured endorsement shall
contain any exclusion for bodily injury or property damage arising from completed
operations.
3. Professional liability insurance with minimum limits of $1,000,000 each
claim and $2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the
Town. In the case of any claims-made policy, the necessary retroactive dates and
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extended reporting periods shall be procured to maintain such continuous coverage.
Any insurance carried by the Town, its officers, its employees or its contractors shall be
excess and not contributory insurance to that provided by Contractor. Contractor shall
be solely responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence
that the required policies are in full force and effect. The certificate shall identify this
Agreement.
VIII. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and
against all claims, liability, damages, losses, expenses and demands, including attorney
fees, on account of injury, loss, or damage, including without limitation claims arising
from bodily injury, personal injury, sickness, disease, death, property loss or damage, or
any other loss of any kind whatsoever, which arise out of or are in any manner
connected with this Agreement if such injury, loss, or damage is caused in whole or in
part by, the act, omission, error, professional error, mistake, negligence, or other fault of
Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor, or which arise out of a worker's compensation claim of any
employee of Contractor or of any employee of any subcontractor of Contractor.
Contractor's liability under this indemnification provision shall be to the fullest extent of, but
shall not exceed, that amount represented by the degree or percentage of negligence or
fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee,
representative, or agent of Contractor or of any subcontractor of Contractor.
B. If Contractor is providing architectural, engineering, surveying or other
design services under this Agreement, the extent of Contractor's obligation to indemnify
and hold harmless the Town may be determined only after Contractor's liability or fault has
been determined by adjudication, alternative dispute resolution or otherwise resolved by
mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
IX. WORKERS WITHOUT AUTHORIZATION
A. Certification. Contractor hereby certifies that, as of the Effective Date, it
does not knowingly employ or contract with a worker without authorization who will
perform work under this Agreement and that Contractor will participate in either the E-
Verify Program administered by the U.S. Department of Homeland Security and Social
Security Administration or the Department Program administered by the Colorado
Department of Labor and Employment to confirm the employment eligibility of all
employees who are newly hired to perform work under this Agreement.
B. Prohibited Acts. Contractor shall not knowingly employ or contract with a
worker without authorization to perform work under this Agreement, or enter into a
contract with a subcontractor that fails to certify to Contractor that the subcontractor
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shall not knowingly employ or contract with a worker without authorization to perform
work under this Agreement.
C. Verification.
1. If Contractor has employees, Contractor has confirmed the employment
eligibility of all employees who are newly hired to perform work under this
Agreement through participation in either the E-Verify Program or the
Department Program.
2. Contractor shall not use the E-Verify Program or Department Program
procedures to undertake pre-employment screening of job applicants while this
Agreement is being performed.
3. If Contractor obtains actual knowledge that a subcontractor performing
work under this Agreement knowingly employs or contracts with a worker without
authorization who is performing work under this Agreement, Contractor shall:
notify the subcontractor and the Town within 3 days that Contractor has actual
knowledge that the subcontractor is employing or contracting with a worker
without authorization who is performing work under this Agreement; and
terminate the subcontract with the subcontractor if within 3 days of receiving the
notice required pursuant to subsection 1 hereof, the subcontractor does not stop
employing or contracting with the worker without authorization who is performing
work under this Agreement; except that Contractor shall not terminate the
subcontract if during such 3 days the subcontractor provides information to
establish that the subcontractor has not knowingly employed or contracted with a
worker without authorization who is performing work under this Agreement.
D. Duty to Comply with Investigations. Contractor shall comply with any
reasonable request by the Colorado Department of Labor and Employment made in the
course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure
that Contractor is complying with the terms of this Agreement.
E. Affidavits. If Contractor does not have employees, Contractor shall sign
the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful
presence of newly hired employees who perform work under the Agreement via the
Department Program, Contractor shall sign the "Department Program Affidavit" attached
hereto.
X. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the
laws of the State of Colorado, and any legal action concerning the provisions hereof
shall be brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more
defaults or breaches of this Agreement by the Town shall not constitute a waiver of any
of the other terms or obligation of this Agreement.
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C. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Town's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or
defectively performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies
currently appropriated, and shall not constitute a mandatory charge, requirement, debt
or liability beyond the current fiscal year.
L. Force Majeure. No Party shall be in breach of this Agreement if such
Party's 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, fires, sabotage, terrorist attack, strikes,
riots, war, labor disputes, forces of nature, the authority and orders of government or
pandemics.
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IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Scott Robson, Town Manager
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
CONTRACTOR
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before
me this ___ day of ________________, 2021, by ____________________________ as
_________________ of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
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NO EMPLOYEE AFFIDAVIT
[To be completed only if Contractor has no employees]
1. Check and complete one:
I, _______________________________, am a sole proprietor doing business as
__________________________. I do not currently employ any individuals. Should I
employ any employees during the term of my Agreement with the Town of Vail (the
"Town"), I certify that I will comply with the lawful presence verification requirements
outlined in that Agreement.
OR
I, ______________________________, am the sole owner/member/shareholder
of ___________________________, a ______________________________ [specify
type of entity – i.e., corporation, limited liability company], that does not currently employ
any individuals. Should I employ any individuals during the term of my Agreement with
the Town, I certify that I will comply with the lawful presence verification requirements
outlined in that Agreement.
2. Check one.
I am a United States citizen or legal permanent resident.
The Town must verify this statement by reviewing one of the following items:
A valid Colorado driver's license or a Colorado identification card;
A United States military card or a military dependent's identification card;
A United States Coast Guard Merchant Mariner card;
A Native American tribal document;
In the case of a resident of another state, the driver’s license or state-
issued identification card from the state of residence, if that state requires
the applicant to prove lawful presence prior to the issuance of the
identification card; or
Any other documents or combination of documents listed in the Town’s
“Acceptable Documents for Lawful Presence Verification” chart that prove
both Contractor’s citizenship/lawful presence and identity.
OR
I am otherwise lawfully present in the United States pursuant to federal law.
Contractor must verify this statement through the federal Systematic Alien
Verification of Entitlement ("SAVE”) program, and provide such verification to the
Town.
____________________________________ __________________________
Signature Date
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DEPARTMENT PROGRAM AFFIDAVIT
[To be completed only if Contractor participates in the
Department of Labor Lawful Presence Verification Program]
I, ________________________, as a public contractor under contract with the
Town of Vail (the "Town"), hereby affirm that:
1. I have examined or will examine the legal work status of all employees
who are newly hired for employment to perform work under this public contract for
services ("Agreement") with the Town within 20 days after such hiring date;
2. I have retained or will retain file copies of all documents required by 8
U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired
employees who perform work under this Agreement; and
3. I have not and will not alter or falsify the identification documents for my
newly hired employees who perform work under this Agreement.
____________________________________ ________________________
Signature Date
STATE OF COLORADO )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before
me this ___ day of __________, 2021, by _______________________ as
_________________ of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
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Town of Vail
2022 Partnership Agreement
This alliance between the TOWN OF VAIL hereinafter known as the
“the advertiser”, and the Colorado Mountain News Media
(CCMNM)/Swift LLC dba Vail Daily, hereinafter know as the “Vail
Daily Agreement”, is valid for the period from January 1, 2022 until
December 31, 2022.
Encompassing the following accounts or entities:
• TOWN OF VAIL COMMUNITY RELATIONS Account #: 107173
• TOWN OF VAIL PUBLIC WORKS DEPT Account #: 107211
• TOWN OF VAIL COMMUNITY DEVELOPMENT DEPT Account #: 123306
• TOWN OF VAIL – PERSONNEL Account #: 107194, 138478, 138479
• VAIL PUBLIC LIBRARY Account #: 112281
• TOWN OF VAIL Account #: 123310, 141426
• TOWN OF VAIL ART IN PUBLIC PLACES Account #: 131588
• TOWN OF VAIL HOUSING DEPARTMENT Account #: 114443, 107457
• TOWN OF VAIL ENVIRONMENTAL SUSTAINABILITY Account #: 112509
• TOWN OF VAIL PLANNING DEPARTMENT Account #: 135474
• TOWN OF VAIL ECONOMIC DEVELOPMENT Account #: 134777, 123306
• TOWN OF VAIL LOCAL MARKETING DISTRICT Account #: 114821
December 21, 2021 - Page 61 of 148
Valid for the following CMNM publications:
• Vail Daily newsprint
• CMNM magazines - 20% off magazines with 4+ magazine
commitments
Agreement:
• Dollars: up to $90,000 (Vail Daily, Digital, Classifieds,
magazines)
• PCI $8.00 (3.9% rate increase for 2022 – this is 49% off
community rates)
Custom Placements
• Monday A5 - 10% positions charge (52 weeks/year)
Trades:
• Both parties agree to no trade in 2022
Digital:
• VailDaily.com advertising with targeting at $12.00 CPM (this is
is 29% off $16.80 CPM community rates)
• Vail Daily/TOV calendar management feed (TBD)
• Other digital platforms priced as needed
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Rates:
Publication: Vail Daily
Full page = $672.00
Half page = $336.00
Quarter page = $168.00
Eighth page = $84.00
Rates valid until December 31, 2022
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Town of Vail
2022 Partnership Agreement
Agreement:
Dollars: up to $90,000 (Vail Daily, VailDaily.com, Digital, Classifieds,
Vail Daily Magazines)
PCI: PCI $8.00 (3.9% rate increase for 2022– this is over 49% off
community rates)
VailDaily.com advertising with targeting at $12 CPM ($16.80 CPM
community rates)
Town of Vail
Suzanne Silverthorn
Communications Director
Date:
Vail Daily
Mark Wurzer
Publisher
Date:
December 21, 2021 - Page 64 of 148
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: Civic Area Plan - Next Steps
P RE S E NT E R(S ): Matt Gennett, Community Development Director
AC T IO N RE Q UE S T E D O F C O UNC I L: No formal action requested.
B AC K G RO UND: On November 5, 2019, Council approved Resolution No. 41, Series of 2019,
A Resolution of the Vail Town Council A dopting the 2018/2019 Town of Vail Civic A rea P lan. On
February 4, 2020, staff provided a memo and presentation on next steps towards implementation.
S hortly thereafter, Civic A rea P lan implementation efforts were paused due to the C O V I D-19
pandemic and the resultant crisis level budget.
S TAF F RE C O M M E ND AT IO N: Staff recommends Council review the staff memo and
presentation and provide feedback.
AT TAC H ME N TS:
Description
Staff Memorandum
C AP Next Steps 122121
December 21, 2021 - Page 65 of 148
To: Town Council
From: Matt Gennett, Community Development Director
Date: December 21, 2021
Subject: Civic Area Plan – Next steps
I. INTRODUCTION
The purpose of this memo and the accompanying presentation is to review the next steps
for implementation of the 2018/2019 Vail Civic Area Plan (“the Plan”) identified in the
adopted plan and consider an alternative approach. The Plan was adopted on November
5, 2019 and defines the vision for a revitalized community focal point in the Town of Vail;
a place where facilities, activity, and programing will bring people together for cultural,
social, and recreational experiences. It also lays out a framework for connecting the
community, fostering collaboration, and creating spaces for residents and guests to share
ideas. The Plan includes preliminary financial feasibility and market studies to accurately
consider the economics of each option presented in the plan.
The Plan includes key themes expressed during the three community engagement phases
which have been incorporated into the plan. These primary themes include better mobility,
a multi-purpose community center, a new and improved Dobson Ice Arena, additional
community meeting and recreation spaces, potential for a second sheet of ice, enhanced
public and natural spaces, and the recognition of the library as a valued community asset
with expansion potential.
Staff last presented to Council regarding implementation of the Civic Area Plan on February
4, 2021 and received direction to engage ULI (Urban Land Institute) and economic
consultants to provide an industry-expert level analysis of the overall feasibility of the plan.
Shortly thereafter, these implementation efforts were paused in response to the COVID-19
pandemic and the ensuing crisis level Town budget.
In recent months, staff has been contacted by people in the development industry
expressing interest in the possibility of partnering with the Town to achieve the Plan’s
vision. This has led to consideration of an alternative approach to taking the next steps
toward implementation.
December 21, 2021 - Page 66 of 148
Town of Vail Page 2
II. SUMMARY
The following next steps were identified in the Plan to provide a path forward to reach the
implementation of the defined vision.
Charter Bus Lot and Dobson Ice Arena
• Complete a comprehensive market and economic analysis for potential
improvements envisioned for the Charter Bus Lot and Dobson Ice Arena. The focus
of the market analysis will be to understand market potential, the anticipated level
of utilization, and to determine optimal sizing and program elements of these
facilities. The focus of the economic analysis will be to understand the potential
direct and indirect economic benefits of these facilities and to estimate ongoing
operation costs.
• In conjunction with the market and economic analyses, complete schematic design
alternatives for ice and multipurpose event facilities. The goal of this effort is to
understand how alternatives for the desired building programs can be achieved and
to better understand the multi-use potential of various facilities.
• Based on the finding of steps above, determine the preferred design and
programmatic approach for ice and multi-purpose event facilities. Prepare
schematic design plans for this preferred approach.
• Study design alternatives for how other potential uses and improvements at the
Charter Bus Lot can be accommodated (i.e. test the fit and relationship of other
ideas such as the community theater, town hall and community space). The purpose
of this effort is to determine the most appropriate mix of uses and level of
development for the site.
• Based on schematic designs, prepare updated cost estimates and alternative
funding strategies for these potential improvements.
• Based on the results of the five steps above, finalize the development program and
design plans for the site.
Municipal Building Site
• As a part of evaluating the Charter Bus Lot, determine the feasibility and desirability
of re-locating municipal functions to the Charter Bus Lot.
• Complete schematic design studies to understand the development potential of this
site and review and confirm previous programmatic square footages for a new Town
Hall.
• Determine the preferred use of any development parcel that may be created at this
site.
• Explore P3 opportunities for the redevelopment of the Municipal Building Site.
December 21, 2021 - Page 67 of 148
Town of Vail Page 3
Lionshead Parking Structure
• Define the potential need for community uses and determine the preferred use(s) of
the building wrap.
• Complete schematic design to better understand the development potential of this
site.
• Explore opportunities for public/private collaborations for the development of the
building wrap.
• Prepare schematic designs for streetscape improvements to East Lionshead Circle.
Lot 10
• Initiate a community design process for improvements to Lot 10 to determine how
this space can be used, design features, etc.
• Initiate dialogue with neighboring property owners on improvements to Lot 10.
• Coordinate with the Environmental Sustainability Department on improvements to
Middle Creek.
Vail Public Library
• Work with Library staff to identify the Library’s long-term space needs that could be
accommodated by a second level addition.
• Work with Library staff to identify the potential for outdoor programing that could be
accommodated by improvements to the south lawn.
• Evaluate the potential need for community space that could be accommodated by
a second level addition.
• Coordinate with the Town’s Environmental Sustainability Department on
enhancements and design improvements to Gore Creek and Middle Creek.
• Identify programs to improve library user’s experience such as additional remote
book drop-off locations and management changes at the Lionshead Parking
Structure to ensure parking availability for Library users during periods of peak
parking use.
III. ACTION REQUESTED BY THE TOWN COUNCIL
Staff asks Council to review the staff memorandum and presentation, and provide
direction regarding whether to initiate an RFQ (Request For Qualifications) process to
discover the types of ideas and expertise the right development team can offer. The
presentation will include an overview of funding options and potential improvement costs.
December 21, 2021 - Page 68 of 148
Town of Vail Page 4
Project Area & Vision
December 21, 2021 - Page 69 of 148
Vail Town Council
December 21, 2021
NEXT STEPS
December 21, 2021 - Page 70 of 148
PROJECT STUDY AREA
Town of Vail | Civic Area Plan –Next Steps | vailgov.com December 21, 2021 - Page 71 of 148
Plan Overview
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 72 of 148
Plan Overview –Municipal Complex
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 73 of 148
Plan Overview –Civic Hub
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 74 of 148
Plan Overview –Lot 10 and Middle Creek Parcel
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 75 of 148
Plan Overview –Lionshead Parking Structure
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 76 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 77 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena | Option 1
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 78 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena | Option 1
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 79 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena | Option 2
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 80 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena | Option 3
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 81 of 148
Plan Overview –Charter Bus Lot & Dobson Ice Arena | Option 3
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 82 of 148
Potential Improvement Costs (2019 Dollars)
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 83 of 148
Funding options
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
December 21, 2021 - Page 84 of 148
Request for Qualifications (RFQ)
Town of Vail | Civic Area Plan –Next Steps | vailgov.com
What is an RFQ?
A formal request, on major projects, to
present a list of qualifications to the owner,
architect, contractor, or whoever is soliciting
the bid.
The type of qualifications required to bid a
project or present a proposal are normally
listed within the RFQ and the applicant is
required to answer and fulfill the
requirements, before being able to submit a
proposal for a major project.
An RFQ is intended to reduce the number of
bidders on a project to only those that qualify
for the project.
December 21, 2021 - Page 85 of 148
Thank you
December 21, 2021 - Page 86 of 148
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: West Vail Master Plan - Phase 1 I mplementation
P RE S E NT E R(S ): Matt Gennett, Community Development Director
AC T IO N RE Q UE S T E D O F C O UNC I L: No formal action requested.
B AC K G RO UND: The West Vail Master Plan was adopted by Council via Resolution No. 50,
S eries of 2021, on November 2, 2021, after thorough public engagement and review process.
S TAF F RE C O M M E ND AT IO N: Staff asks Council to review the presentation and provide
direction on implementation of P hase 1 of the West Vail Master Plan.
AT TAC H ME N TS:
Description
Staff Memorandum
W V MP Implementation 122121
December 21, 2021 - Page 87 of 148
To: Vail Town Council
From: Matt Gennett, Community Development Director
Date: December 21, 2021
Subject: West Vail Master Plan – Phase 1 Implementation
I. INTRODUCTION
The West Vail Master Plan was adopted by Council via Resolution No. 50, Series of 2021,
on November 2, 2021, after thorough public engagement and review processes.
Chapter 3, Housing, outlines numerous recommendations for zoning changes, land use
code changes, and new policies and programs as they relate to housing. As most of the
recommendations in this chapter are regulation-based and do not require capital
investment, implementation can begin right away with the Planning and Environmental
Commission (PEC) and the Town Council.
This plan recommends that the Zone District Recommendations (1-4) and the Town Code
Recommendations (1-6) are reviewed in detail by the Planning and Environmental
Commission (PEC) and submitted as a package for adoption by Town Council. If
recommended together, the changes will act as an extension of implementing the West
Vail Master Plan and will have one public hearing process.
Alternatively, the PEC could submit the Code Recommendations first, as they are less
controversial and have more minor effects on development and aesthetics in the
neighborhoods than the zoning changes. This could build momentum and support for the
Zone District Recommendations to come as a second package for adoption.
The presentation to Council will run through the Zone District Recommendations and the
Town Code Recommendations in detail.
II. BACKGROUND AND HISTORY
The creation and adoption of a master plan for West Vail was a Town Council 2018-2020
Action Plan goal. This master plan is in keeping with the council’s intentions around
thorough community engagement, sustainable best practices for future development,
identification of housing opportunities, and fostering economic development to create
December 21, 2021 - Page 88 of 148
Town of Vail Page 2
vibrancy. The plan also addresses the many nonconforming uses and structures in West
Vail and provides policy options to guide future development decisions in West Vail.
The project team presented the draft plan to Council during their May 4 meeting and to the
Planning and Environmental Commission (PEC) on May 10. On June 22, the project team
presented the draft plan to the Advisory Committee during their last meeting and received
support for the recommendations detailed in the plan. The cumulative feedback was
incorporated into the draft and presented to the public during an interactive Zoom webinar
on July 13 with participation from 35-40 members of the public.
On August 9, 2021, the PEC was presented with the first two major topic areas, the West
Vail Center (commercial area) and Housing. The item was tabled to August 23 to continue
the presentation.
On August 23, 2021, the PEC tabled this item to September 13 without presentation or
discussion.
On September 13, 2021, staff and the consultant team provided the PEC with a
presentation that responded to the PEC’s comments and questions from August 9, and
included the third major topic area, Transportation. The item was tabled to September 27
after discussion and direction provided.
On September 27, 2021, staff and consultant team provided a detailed description of a
recommendation of approval with seven conditions addressing PEC’s suggested
modifications to the plan for their consideration. PEC directed staff to account for all
suggested modifications to the plan in a redlined/tracked changes version of the draft and
tabled the item to October 11.
On October 11, 2021, the PEC voted 6-0 (Pratt absent) to forward a recommendation of
approval of the West Vail Master Plan with one condition of approval. The condition of
approval is “that the proposed modifications agreed to by the PEC be incorporated into the
final draft of the plan upon adoption”. The consultant team and staff have incorporated the
PEC’s proposed modifications into the final draft for Council’s consideration on November
2, 2021, thereby fulfilling the one condition of approval.
On November 2, 2021, Council approved Resolution No. 50, Series of 2021, A Resolution
of the Vail Town Council adopting the West Vail Master Plan.
III. PROJECT AREA
The project area for this plan is the Town land west of Donovan Park on the south side of
Interstate 70 (I-70) and west of Buffehr Creek Road on the north side of I-70. It includes
the North Trail and Davos Trailheads as well as Ellefson and Buffehr Creek Parks. Parts
of the Matterhorn and Highland Meadows neighborhoods on the south side of I-70 were
not included in the study area as many parcels are part of unincorporated Eagle County.
While the study area itself was analyzed in depth to form the recommendations in this plan,
December 21, 2021 - Page 89 of 148
Town of Vail Page 3
the Town of Vail and the greater region were also examined for context, connectivity, and
economic trends.
IV. ACTION REQUESTED
Staff asks Council to review the presentation and provide direction on implementation of
Phase 1 of the West Vail Master Plan.
December 21, 2021 - Page 90 of 148
Vail Town Council
December 21, 2021
IMPLEMENTATION
PHASE 1
December 21, 2021 - Page 91 of 148
PROJECT STUDY AREA
Town of Vail | West Vail Master Plan Implementation | vailgov.com December 21, 2021 - Page 92 of 148
PHASE 1 –Housing Implementation
Recommended Approach
Zone District Recommendations and the Town
Code Recommendations are reviewed by the
Planning and Environmental Commission (PEC)
and submitted as one package for adoption by
Town Council.
Alternative Approach
The PEC submits the Code Recommendations
first, as they are less controversial and have
more minor affects on development and
aesthetics in the neighborhoods than the zoning
changes. This could build momentum and
support for the Zone District Recommendations
to come as a second package for adoption.
Town of Vail | West Vail Master Plan Implementation| vailgov.com
December 21, 2021 - Page 93 of 148
Zone District Recommendations
Town of Vail | West Vail Master Plan Implementation | vailgov.com
n of Vail | West Vail Master Plan Implementation| vailgov.com
Zoning Recommendation #1
A new zone district, West Vail Multiple-Family 1, is recommended.
This zone district is intended to support resident housing in areas well connected to transit and that have an existing
supply of multi-family housing. This district would have a minimum density requirement equal to the existing Low-
Density Multiple-Family Residential zone that allows 9 units per buildable acre. Therefore, on all but the smallest
lots, multifamily developments would be required. When redeveloped, at least one unit must be deed restricted.
This new zone district would allow up to 18 units per buildable acre only if half (50%) of the additional units beyond
the minimum density are deed restricted. If the number of deed restricted units required is not a round number, the
developer must round up or pay a fee.
Zoning Recommendation #2
A new zone district, West Vail Multiple-Family 2, is recommended. This zone district has a similar intention to that
of West Vail Multiple-Family 1 (supporting resident housing in well-connected areas ), although at lower densities to
match the character of areas where it is applied. This district would have a minimum density requirement equal to
the existing Residential Cluster zone that allows 6 units per buildable acre. Therefore, lots would be a mix of
duplexes, triplexes, and small multifamily. When redeveloped, at least one unit must be deed restricted. This new
zone district would allow up to 12 units per buildable acre only if half (50%) of the additional units beyond the
minimum density are deed restricted. If the number of deed-restricted units required is not a round number, the
developer would have to round up or pay a fee. For example, for a 2/3-acre lot, 6 units would be required at a
minimum with one deed restricted unit, with up to 12 units if 4 units are deed restricted.
December 21, 2021 - Page 94 of 148
Zone District Recommendations
Town of Vail | West Vail Master Plan Implementation | vailgov.com
n of Vail | West Vail Master Plan Implementation| vailgov.com
Zoning Recommendation #2 (continued)
The Upper Chamonix area includes most residential lots on Chamonix Lane from behind the Highline hotel to
Buffehr Creek Park, the lots along Buffehr Creek Road below Chamonix Lane, and the lots along Meadow Ridge
Road. It is recommended that the area be rezoned as West Vail Multiple-Family 1, where 9 units are allowed per
buildable acre with a deed restriction or up to 18 units if 50 percent of additional units are deed restricted.
Zoning Recommendation #3
The Lower Chamonix area, along Chamonix Lane near the Frontage Road, is recommended to be rezoned to West
Vail Multiple-Family 1 (as defined in Zoning Recommendation #1), where at least 9 units per buildable acre are
required, and up to 18 units are allowed per buildable acre if 50 percent of the additional units are deed-restricted.
Zoning Recommendation #4
The Geneva area, along Geneva Drive, Gore Creek Drive, Alpine Drive, and Matterhorn Circle, is recommended to be
rezoned to West Vail Multiple-Family 2 (as defined in zoning recommendation #2), where at least 6 units per
buildable acre are required with a deed restricted unit, and up to 12 units are allowed per buildable acre if 50
percent of the additional units are deed-restricted. The area currently has 60 units while only 43 are allowed by
current zoning (Two-Family Primary Secondary Residential). If no zoning change was made, over time, as lots are
redeveloped, up to 17 of these units would be lost, many of which are currently occupied by year-round residents.
This new zoning designation, West Vail Multiple-Family 2, would allow for up to 52 units at a minimum or 120 with
additional deed restricted units. Potential units counts and deed-restricted unit counts are summarized in Table
3.1. Dependent on the size of the lot, this area would have a mix of duplexes and triplexes, and some small to
medium multi-family at maximum density.
December 21, 2021 - Page 95 of 148
Recommended Zoning
Town of Vail | West Vail Master Plan Introduction | vailgov.com
December 21, 2021 - Page 96 of 148
Town Code Recommendations
Town of Vail | West Vail Master Plan Implementation | vailgov.com
n of Vail | West Vail Master Plan Implementation| vailgov.com
VAIL TOWN CODE CHANGES
The Vail Town Code prescribes how units can be built, modified, or redeveloped. Several changes to the code are
recommended here to encourage redevelopment that preserves the character and scale of the neighborhood and
supports resident housing.
Town Code Recommendation #1
The Town Code establishes maximum site coverage and building heights for new structures. In the West Vail
Multiple-Family zone districts, an increase in allowable site coverage is recommended (beyond that of Residential
Cluster, Low Density Multiple-Family, and Medium Density Multiple-Family zone districts). This increase should only
be to the degree that it will be helpful to achieving the densities allowed by these
zone districts.
Town Code Recommendation #2
The GRFA requirement can create challenges for the development of multi-family to the allowable density in West
Vail. For the West Vail Multiple-Family zone districts, an increase to allowable GRFA is recommended.
December 21, 2021 - Page 97 of 148
Town Code Recommendations
Town of Vail | West Vail Master Plan Implementation | vailgov.com
n of Vail | West Vail Master Plan Implementation| vailgov.com
Town Code Recommendation #3
Figure 3.4 shows a parking overlay district of all lots within a 5-minute walk of West Vail Center.In this
district, along with West Vail Multiple-Family 1 zone district, it is recommended that the parking
requirements and potential reductions to such requirements be subject to future study. Study of such
reductions should include analysis of potential emergency services impacts including parking in fire
lanes, fire vehicle, turnarounds, and enforcement capacity. Pending the results of this study, in areas
where parking is currently provided, the amount of parking spaces provided could be reduced to meet
the new requirements. Therefore, building would be allowed on existing parking lots.
Town Code Recommendation #4
It is recommended that the Town amend the code to establish a maximum width of parking access as
the width of two vehicles in the West Vail Multiple-Family districts. Creativity in site design may be
needed to maximize density with this parking requirement. An exception may be granted if an
applicant can provide an aesthetic buffer or pedestrian-safe design.
December 21, 2021 - Page 98 of 148
Parking Overlay District
Town of Vail | West Vail Master Plan Introduction | vailgov.com
December 21, 2021 - Page 99 of 148
Thank you
December 21, 2021 - Page 100 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Public Health Updates
December 21, 2021 - Page 101 of 148
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: Early Season Activations (B rief Recap)
December 21, 2021 - Page 102 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: A t the request of the Vail Town Council, a letter expressing support for the
Colorado Outdoor Recreation and Economy (C O R E) Act, protecting over 400,000 acres of public
land in Colorado.
P RE S E NT E R(S ): S cott Robson, Town Manager, Kristen B ertuglia, Environmental S ustainability
Director, Mark Novak, Fire Chief
B AC K G RO UND: The Vail Town Council has requested staff bring forward a letter of support for
the C O R E Act, reiterating support expressed in 2010, 2014 and 2019. The C O R E Act will add
new wilderness areas to the north of the Town of Vail, recreation and wildlife conservation areas,
and the Camp Hale historic landscape designation.
S TAF F RE C O M M E ND AT IO N: Staff recommends the Vail Town Council direct staff to forward
the letter of support to Colorado Congressional representatives and make it available to interested
parties.
AT TAC H ME N TS:
Description
Core Act Letter
C O R E Act Letter of Support
December 21, 2021 - Page 103 of 148
December 21, 2021
U.S. Senator Michael Bennet
1244 Speer Boulevard
Denver, CO. 80204
Dear U.S. Senator Michael Bennet,
The Town of Vail wishes to again formally express our support for the Colorado Outdoor
Recreation and Economy Act (CORE Act), passed by the US House of Representatives in
February, 2021. We appreciate the leadership of the Colorado delegation to protect public lands
in Colorado, and in particular the leadership of Senators Michael Bennet, John Hickenlooper,
and Representative Joe Neguse for introducing this legislation. Our public lands support our
communities’ quality of life and support our sustainable outdoor recreation driven economies.
Continental Divide - In particular, we appreciate that the CORE Act carries forward protections
that balance conservation and recreation that we have long supported in the Continental Divide
Recreation, Wilderness and Camp Hale Legacy Act. The bill would establish the Camp Hale
National Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain
Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the
modern ski industry and the outdoor recreation industry.
San Juans - In particular, we appreciate that the CORE Act carries forward protections that
balance conservation and recreation that we have long supported in the San Juan Mountains
Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains
have enjoyed remarkably consistent and broad support, including all three counties where the
lands are located, five major local municipalities, over 100 local businesses, and a wide array of
affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners,
recreation groups, the area’s only operating mining company, and the region’s biggest ski
resort.
Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections
that balance conservation and recreation that we have long supported in the Thompson Divide
Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide
Withdrawal and Protection Act has enjoyed consistent and broad support from local
governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison
and Pitkin Counties, many local municipalities, and a wide array of local businesses and
organizations. Individual supporters come from all walks of life and all political persuasions, and
include ranchers, sportsmen, private landowners, recreation groups, small business owners,
skiing companies, and many more.
December 21, 2021 - Page 104 of 148
The four elements of the CORE Act are all reflective of and accountable to the needs and
interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations.
We are appreciative that these proposed designations were locally developed to address
existing and future recreation, wildlife habitat, wildfire management, agricultural and water
supply needs. Millions of people visit the central mountains and western slope of Colorado each
year, and our federal public lands contribute immeasurably to our economy and quality of life.
In addition, we note that with the increasing climate change and wildfire danger in our
community, the Town of Vail has invested heavily in considerable wildfire mitigation planning
and on the ground projects over the past decade. The Vail community values the ability to
continue to address these wildfire concerns, in and around wilderness areas adjacent to our
community, particularly in the Spraddle Creek area where new wilderness is being proposed
through the CORE Act. A smooth and quick process of approvals in the case of fire suppression
needs, and proactive wildfire mitigation projects in this area will be critical to maintain the safety
of the town’s residents, visitors and property, as well as the recreational opportunities,
watershed health and water quality, wildlife habitat and natural resources.
We must have the vision to protect what is wilderness, create ongoing opportunities for
sustainable recreation, and conserve wildlife habitat while mitigating for wildfire as best
possible. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation
will prioritize passage of the CORE Act in the 117th Congress and continue to work closely with
the Town of Vail on wildfire issues after its passage.
Sincerely,
Kim Langmaid, Mayor, on behalf of the Vail Town Council
Vail, CO
December 21, 2021 - Page 105 of 148
December 21, 2021
U.S. Senator Michael Bennet
1244 Speer Boulevard
Denver, CO. 80204
Dear U.S. Senator Michael Bennet,
The Town of Vail wishes to again formally express our support for the Colorado Outdoor
Recreation and Economy Act (CORE Act), passed by the US House of Representatives in
February, 2021. We appreciate the leadership of the Colorado delegation to protect public lands
in Colorado, and in particular the leadership of Senators Michael Bennet, John Hickenlooper,
and Representative Joe Neguse for introducing this legislation. Our public lands support our
communities’ quality of life and support our sustainable outdoor recreation driven economies.
Continental Divide - In particular, we appreciate that the CORE Act carries forward protections
that balance conservation and recreation that we have long supported in the Continental Divide
Recreation, Wilderness and Camp Hale Legacy Act. The bill would establish the Camp Hale
National Historic Landscape, conferring well-deserved recognition on the Army’s 10th Mountain
Division, which fought valiantly in World War II and was pivotal to the founding of Vail, the
modern ski industry and the outdoor recreation industry.
San Juans - In particular, we appreciate that the CORE Act carries forward protections that
balance conservation and recreation that we have long supported in the San Juan Mountains
Wilderness Act, which was introduced last Congress. Protections for the San Juan Mountains
have enjoyed remarkably consistent and broad support, including all three counties where the
lands are located, five major local municipalities, over 100 local businesses, and a wide array of
affected stakeholders. These stakeholders include ranchers, sportsmen, private landowners,
recreation groups, the area’s only operating mining company, and the region’s biggest ski
resort.
Thompson Divide - In particular, we appreciate that the CORE Act carries forward protections
that balance conservation and recreation that we have long supported in the Thompson Divide
Withdrawal and Protection Act, which was introduced last Congress. The Thompson Divide
Withdrawal and Protection Act has enjoyed consistent and broad support from local
governments and diverse stakeholders for years. The bill has enjoyed support from Gunnison
and Pitkin Counties, many local municipalities, and a wide array of local businesses and
organizations. Individual supporters come from all walks of life and all political persuasions, and
include ranchers, sportsmen, private landowners, recreation groups, small business owners,
skiing companies, and many more.
December 21, 2021 - Page 106 of 148
The four elements of the CORE Act are all reflective of and accountable to the needs and
interests of diverse stakeholders, with carefully drawn boundaries and thoughtful designations.
We are appreciative that these proposed designations were locally developed to address
existing and future recreation, wildlife habitat, wildfire management, agricultural and water
supply needs. Millions of people visit the central mountains and western slope of Colorado each
year, and our federal public lands contribute immeasurably to our economy and quality of life.
In addition, we note that with the increasing climate change and wildfire danger in our
community, the Town of Vail has invested heavily in considerable wildfire mitigation planning
and on the ground projects over the past decade. The Vail community values the ability to
continue to address these wildfire concerns, in and around wilderness areas adjacent to our
community, particularly in the Spraddle Creek area where new wilderness is being proposed
through the CORE Act. A smooth and quick process of approvals in the case of fire suppression
needs, and proactive wildfire mitigation projects in this area will be critical to maintain the safety
of the town’s residents, visitors and property, as well as the recreational opportunities,
watershed health and water quality, wildlife habitat and natural resources.
We must have the vision to protect what is wilderness, create ongoing opportunities for
sustainable recreation, and conserve wildlife habitat while mitigating for wildfire as best
possible. On behalf of the Vail Town Council, we hope that Colorado’s congressional delegation
will prioritize passage of the CORE Act in the 117th Congress and continue to work closely with
the Town of Vail on wildfire issues after its passage.
Sincerely,
Kim Langmaid, Mayor, on behalf of the Vail Town Council
Vail, CO
December 21, 2021 - Page 107 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 24, Series of 2021, S econd Reading, A mending Chapter 4 of
Title 1 of the Vail Town Code to Provide for an A dministrative P enalty for the L ate Filing of
E mployee Housing Unit A nnual Verification Affidavits
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 24, S eries of 2021, on second reading
B AC K G RO UND: The purpose of Ordinance No. 24, S eries of 2021, is to amend the Vail Town
Code to create an administrative penalty to be assessed upon deed-restricted property owners
that fail to meet the deed restriction compliance deadline of F ebruary 1, annually.
S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 24, S eries of 2021, as proposed.
AT TAC H ME N TS:
Description
Ordinance No. 24, Series of 2021 memorandum_12072021
Ordinance No. 24, Series of 2021 E H U
December 21, 2021 - Page 108 of 148
To: Vail Town Council
From: George Ruther, Housing Director
Date: December 7, 2021
Subject: Ordinance No. 24, Series of 2021
I. PURPOSE
The purpose of Ordinance No. 24, Series of 2021, is to amend the Vail Town Code to
create an administrative penalty for deed-restricted property owners that fail to meet the
deed restriction compliance deadline of February 1, annually.
If approved, this ordinance will be effective in time for the February 1, 2022 deed
restriction compliance verification deadline. A copy of the proposed ordinance has been
attached for reference.
This action furthers the goals and priorities outlined in the Vail Town Council Action Plan
2018 – 2020 and aligns with the 2018 Housing Policy Statements recently reaffirmed by
the Vail Town Council.
II. BACKGROUND
The Town of Vail has made a sizeable financial investment in the acquisition of deed
restrictions on residential properties to ensure the availability of homes for seasonal and
year-round residents of Vail. All deed restriction agreements are recorded by mutual
consent of the property owner and the Town of Vail. Pursuant to the agreements, the
property owner acknowledges, and has agreed in writing, to submit deed restriction
compliance verification documentation and a signed affidavit to the Town of Vail by no
later than February 1, annually. The purpose of the verification requirement is to protect
the Town’s financial investment and ensure that all deed-restricted homes are being
occupied in full compliance with the terms of the deed restriction agreements.
Not all deed-restricted property owners comply with the deed restriction compliance
verification requirement. In fact, each year, some property owners repeatedly fail to
comply despite courtesy notices or previous enforcement actions. Failure to comply
with the verification requirement results in numerous negative outcomes for the Town of
Vail, including:
December 21, 2021 - Page 109 of 148
Town of Vail Page 2
• Avoidable added costs incurred to the Vail taxpayer to verify compliance,
including enforcement expenses and court costs.
• Loss of staff time and resources that could otherwise be used to focus on
additional developments, programs. and initiatives aimed at increasing the supply
of available housing in Vail.
• Creation of a perception of inequality and fairness of treatment amongst deed-
restricted property owners which results in a loss of credibility for the Town’s
housing efforts.
The Vail Local Housing Authority, serving in an advisory role only, has taken the
proposed amendment under consideration and forwarded a unanimous
recommendation of approval of said amendment to the Vail Town Council.
The Town of Vail Housing Department presented the proposed amendment to the Vail
Town Council on November 16, 2021, along with the recommendation of the Vail Local
Housing Authority. At the conclusion of the presentation, the Town Council instructed
the Housing Department to take the steps necessary to prepare an amending ordinance
for further consideration.
III. ACTION REQUESTED
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 24, Series of 2021, upon first reading.
IV. STAFF RECOMMENDATION
The town staff recommends the Vail Town Council approves Ordinance No. 24, Series
of 2021, on first reading. If approved, the Housing Department, in collaboration with the
Town’s Communications Department, will take immediate action to adequately inform all
deed-restricted property owners of this amendment in advance of the February 1, 2022
verification deadline.
December 21, 2021 - Page 110 of 148
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ORDINANCE NO. 24
SERIES 2021
AN ORDINANCE AMENDING CHAPTER 4 OF TITLE 1 OF THE VAIL
TOWN CODE TO PROVIDE FOR AN ADMINISTRATIVE PENALTY FOR
THE LATE FILING OF EMPLOYEE HOUSING UNIT ANNUAL
VERIFICATION AFFIDAVITS
WHEREAS, pursuant to C.R.S. § 31-16-101 and its home rule charter, the Town
is empowered to impose penalties for violations of ordinances within its jurisdiction;
WHEREAS, pursuant to Vail Town Code § 12-13-3.A.4, no later than February 1
of each year, the owner of each employee housing unit in the Town must file an affidavit
to verify that the employee housing unit is being occupied in accordance with the Vail
Town Code and the deed restriction affecting the employee housing unit;
WHEREAS, the various deed restrictions affecting employee housing units in the
Town contain the same annual verification requirement;
WHEREAS, the Town Council finds and determines that the imposition of an
administrative penalty is necessary to ensure continued compliance with the annual
verification requirement for employee housing units; and
WHEREAS, ensuring continued compliance with the annual verification
requirement for employee housing units in the Town is in the best interest of the public
health, safety and welfare.
NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO, THAT:
Section 1. Chapter 4 of Title 1 of the Vail Town Code is hereby amended by the
addition of a new Section 1-4-5, to read as follows:
1-4-5: ADMINISTRATIVE PENALTY FOR LATE FILING OF EMPLOYEE
HOUSING UNIT VERIFICATION AFFIDAVITS:
A. Any person who is required by § 12-13-3.A.4 of this Code or any
deed restriction applicable to any real property in the Town to file an annual
verification affidavit, and who fails to file such affidavit, along with all
required supporting documentation, by February 1 of any given year, shall
be liable for an administrative penalty of $250.
B. Written notice of the administrative penalty shall be provided by first-
class United States mail to such person at such person's last known
address. The administrative penalty shall be due and payable within
fourteen (14) days of the date of the notice.
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C. It is unlawful for any person to fail to timely pay the administrative
penalty imposed by this Section. Violations of this Section shall be subject
to the General Penalty set forth in Section 1-4-1 of this Code.
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 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
___________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
December 21, 2021 - Page 112 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 25, Series 2021, S econd Reading A mending Title 12, Z oning
Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, to A mend Section 12-15-
3: Definition, Calculation, and E xclusions, Vail Town Code, to allow for Underground Car L ifts to be
A dded and Exempted from G R FA Calculations
P RE S E NT E R(S ): Greg Roy, Planner
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 25, S eries of 2021, upon second reading.
B AC K G RO UND:
I n summary, G R FA is meant to control the bulk and mass of a building as viewed f rom the exterior
of the property. T he nature of underground car lif ts means that they would not add to the bulk and
mass of the building as viewed from the exterior and should be exempted f rom the G R FA
calculations.
The P lanning and E nvironmental Commission held a public hearing on the proposed prescribed
regulation amendment on November 8, 2021 where a recommendation f or approval was forwarded
to the Vail Town Council by a vote of 6-0-1 (Gillette abstained).
S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No.
25, S eries of 2021, upon second reading.
AT TAC H ME N TS:
Description
Ordinance 25 Staff Memorandum
Attachment A. Ordinance 25, Series of 2021
Attachment B. Applicant Narrative 10-27-2021
Attachment C. Staff Memorandum P E C20-0046
Attachment D. P E C Minutes 110821
December 21, 2021 - Page 113 of 148
TO: Town Council
FROM: Community Development Department
DATE: December 21, 2021
SUBJECT: Second Reading of Ordinance No. 25, Series of 2021, an ordinance for a
Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail
Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions,
Vail Town Code, to allow for underground car lifts to be added and exempted
from GRFA calculations and setting forth details in regard thereto. (PEC21 -0046)
Applicant: Mauriello Planning Group and KH Webb Architects
Planner: Greg Roy
I. SUMMARY
The applicants, Mauriello Planning Group and KH Webb Architects, are requesting
approval for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment,
Vail Town Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail
Town Code, to allow for underground car lifts to be added and exempted from GRFA
calculations.
The Planning and Environmental Commission held a public hearing on the proposed
prescribed regulation amendment on November 8, 2021 where a recommendation for
approval was forwarded to the Vail Town Council by a vote of 6 -0-1 (Gillette
abstained).Town Council approved Ordinance No.25, Series of 2021 upon first reading
with a vote of 7-0 on December 7th, 2021.
II. ACTION REQUESTED OF TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance No.
25, Series of 2021, upon second reading.
Included with this memorandum are the following for review by the Town Council:
A. Ordinance No. 25, Series of 2021
B. Applicant Narrative, 10-27-2021
C. Staff Memorandum, PEC21-0046
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Town of Vail Page 2
D. PEC Minutes from Meeting on 11-8-2021
III. BACKGROUND
The Community Development Department strives for rules and regulations that are
consistent, enforceable, predictable and easily understood. The current code language
does not address underground car vaults which are growing in popularity and are being
requested more frequently. The proposed amendment will clarify the rules around these
new features to ensure they are applied consistently and predictably in the future.
The purpose of the Gross Residential Floor Area (GRFA) chapter of Town Code is noted
below:
“This chapter is intended to control and limit the size, bulk, and mass of
residential structures within the town. Gross residential floor area (GRFA)
regulation is an effective tool for limiting the size of residential structures and
ensuring that residential structures are developed in an environmentally sensitive
manner by allowing adequate air and light in residential areas and districts.”
In summary, GRFA is meant to control the bulk and mass of a building as viewed from the
exterior of the property. The nature of underground car lifts means that they would not
add to the bulk and mass of the building as viewed from the exterior and should be
exempted from the GRFA calculations.
As proposed, the entire vault would be required to be below the finished grade. It will also
not count as a portion of the lowest level for the basement deduction. This prevents a
vault from being used as additional wall area below grade to increase the basement
deduction but also does not penalize applicants for adding a vault that may be below the
basement level of the house.
The benefit of allowing this additional exemption could lessen the visual impacts of
exterior parking or additional garage bays on a home. It could also reduce the amount of
lot area taken up by driveway space to accommodate the minimum parking requirements.
By increasing the amount of possible interior parking, those externalities are removed
from the visual aspect of a residence.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is bold. Sections of text that are not amended have been omitted.):
Proposed new code language
12-15-3 (A)(1)(a):
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Town of Vail Page 3
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade
and be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
F. The floor area of the vault shall not exceed three hundred (300) square feet
per vehicle space and not exceeding a maximum of two (2) vehicle spaces
for each allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed
parking that meet the criteria above shall not be considered as part of the lowest
level for the purpose of the deduction for basements in subsection (6) above.
V. OLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
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Town of Vail Page 4
are relevant to the review of this proposal:
Vail Comprehensive Plan
Land Use and Development Goal #1
• 1.3: The quality of development should be maintained and upgraded whenever
possible.
Vail 2020 Strategic Plan
• Goal #3: Ensure fairness and consistency in the development review process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purpose of the zoning regulations is for “promoting the health, safety, morals,
and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. This text amendment is intended to allow for the addition of underground car
vaults within a building. Doing so will enhance the character of the town as a resident ial
community of the highest quality by reducing the visual impact of surface parking. It will
also reduce the necessity of larger paved driveways to accommodate parking minimums.
Staff finds that the proposed text amendment conforms to this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed text amendment will result in an improved level of development within the
town. While lifts are not prohibited at this time, they may be underutilized due to the
additional square footage of the GRFA requirement or conflicting with a basement level
deduction. Adding this language will keep the Town Code up to date on modern trends
and allow car vaults to be regulated similarly as they become more popular. This will also
have the desirable outcome of allowing more parking inside of a structure with no visual
addition to the structure.
Staff finds that the proposed text amendment conforms to this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
December 21, 2021 - Page 117 of 148
Town of Vail Page 5
The current regulations were not set up with a consideration of car vaults. As time has
progressed, these have become more affordable and accessible to the single-family or
duplex residence in Vail. Trends predict that these will become more utilized in the future
and it would benefit the Town to set explicit regulations around them.
Staff finds that the proposed text amendment conforms to this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed language will provide a workable relationship that is consistent with
development objectives. The proposed language fits easily into the GRFA exemptions
and clarifies that it will not conflict with the basement deduction in subsection six. Staff did
not find any conflicts or potential externalities that may arise from explicitly permitting
these car vaults with the included criteria.
Staff finds that the proposed text amendment conforms to this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. RECOMMENDED MOTION
Should the Town Council choose to approve Ordinance No. 25, Series of 2021, upon
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
"The Vail Town Council approves, on second reading, Ordinance No. 25, Series of 2021
an ordinance for a prescribed regulation amendment, pursuant to Section 12 -3-7,
Amendment, Vail Town Code, to amend Section 12-15-3 Definition, Calculation, and
Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted
from GRFA calculations and setting forth details in regard thereto.”
Should the Town Council choose to approve Ordinance No. 25, Series of 2021, the
Planning and Environmental Commission recommends the Council makes the following
findings:
“Based upon a review of Section VII of the November 8, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
December 21, 2021 - Page 118 of 148
Town of Vail Page 6
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATT ACHMENTS
A. Ordinance No. 25, Series of 2021
B. Applicant Narrative, 10-27-2021
C. Staff Memorandum, PEC21-0046
D. PEC Minutes from Meeting on 11-8-2021
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ORDINANCE NO. 25
SERIES OF 2021
AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL
TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, TO AMEND
SECTION 12-15-3: DEFINITION, CALCULATION, AND EXCLUSIONS, VAIL
TOWN CODE, TO ALL FOR UNDERGROUND CAR LIFTS TO BE ADDED
AND EXEMPTED FROM GRFA CALCULATIONS
WHEREAS, on September 10, 2021, the Applicant filed an application for a prescribed
regulation amendment (the "Application");
WHEREAS, Section 12-3-7 of the Vail Town Code sets forth the procedures for a
prescribed regulation amendment;
WHEREAS, on November 8, 2021, the Planning and Environmental Commission (the
“PEC”) held a properly-noticed public hearing on the Application, and recommended that the
Town Council approve the Application;
WHEREAS, the Council finds that the proposed amendment is consistent with the
applicable elements of the adopted goals, objectives and policies outlined in the Vail
Comprehensive Plan and are compatible with the development objectives of the Town; and
WHEREAS, the Council finds that the proposed amendments further the general and
specific purposes of Title 12, Zoning Regulations, Vail Town Code; and
WHEREAS, the Council finds that the proposed amendments promote the health,
safety, morals, and general welfare of the Town and promote the coordinated and harmonious
development of the Town in a manner that conserves and enhances its natural environment
and its established character as a resort and residential community of the highest quality.
NOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. Section 12-15-13(A)(1)(a), Vail Town Code, Definition, Calculation, and
Exclusions, is hereby amended to read as follows:
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade and
be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
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F. The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
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 effect 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 Town Code as provided in this
ordinance shall not affect any right which has accrued, any duty imposed, any violation that
occurred prior to the effective date hereof, any prosecution commenced, nor any other action
or proceeding as commenced under or by virtue of the provision amended. The amendment
of any provision hereby shall not revive any provision or any ordinance previously repealed or
superseded unless expressly stated herein.
Section 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, theret ofore
repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 7th day of December, 2021 and a public
hearing for second reading of this Ordinance set for the 21st day of December, 2021, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this
21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
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____________________________
Tammy Nagel, Town Clerk
December 21, 2021 - Page 122 of 148
Zoning Code Text
Amendment
To Amend the Zoning Code to Address the Opportunity
for Mechanical Lift Systems to Provide for Parking
Submitted to the Town of Vail:
September 13, 2021
Revised October 4, 2021
Revised October 27, 2021
Revised November 4, 2021
December 21, 2021 - Page 123 of 148
Introduction
New technologies have allowed for innovative methods to provide enclosed parking which was
not contemplated when the Zoning Code was drafted. While these technologies have been
around for a few years for multi-family or commercial usage, these opportunities have actually
become more affordable and available to apply to single-family or duplex units.
In partnership with KH Webb Architects, Mauriello Planning Group is submitting this application
to amend the Zoning Code, in accordance with Section 12-3-7 Amendment, to allow for the
opportunity to provide for car lift systems in single-family and duplex residential development.
While car lift systems are not prohibited by the Zoning Code, there are other limitations that
make the use of them challenging in single-family and duplex zone districts.
The amendment is proposed for Section 12-15-3: Definition, Calculation, and Exclusions. This
section applies to the following zone districts:
HR - Hillside Residential
SFR - Single-Family Residential
R - Two-Family Residential
PS - Two-Family Primary/Secondary Residential
This section provides for various exclusions from the GRFA limits. The proposed amendment
would add a ninth exclusion, allowing vaults for car lift systems to be excluded from the
calculation of GRFA. The applicant has worked with staff on the language and has proposed
the following:
Underground vaults with a mechanical lift system for the purpose of enclosed parking, if
all the following criteria are met:
a.The vault is only used for the storage of vehicles.
b.The vault floor to the finished floor elevation of the garage does not exceed sixteen
feet (16’) in height.
c.The entire perimeter and volume of the vault shall be below finished grade and be
within the footprint of the garage.
d.The vault is only accessible from within the garage.
e.Any openings to the vault shall be no larger than the minimum required by Building
Code.
f.The floor area of the vault shall not exceed three hundred (300) square feet per
vehicle space and not exceeding a maximum of two (2) vehicle spaces for each
allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed parking
that meet the criteria above shall not be considered as part of the lowest level for the
purpose of the deduction for basements in subsection (6) above.
Because a single garage space is allowed to be 300 sq. ft., allowing the vault space below to
be equal in size is efficient for construction of the foundation of the garage. As the design of
the lift system is a scissor lift, this also allows for adequate circulation around the lift for access
and maintenance. With most parking spaces having a dimension of 10 ft. by 20 ft. or 200 sq.
December 21, 2021 - Page 124 of 148
ft., ideally there would be an additional minimum of 2 ft. on all sides of the lift to allow for
adequate access and maintenance area, which would equate to approximately 336 sq. ft. total.
With a maximum of 300 sq. ft., access, maintenance, and circulation can be accommodated.
There also needs to be space to accommodate an access hatch and latter to the space below
outside to the lift platform itself. The 300 sq. ft. also accommodates this need.
In 2004, when the GRFA limits were increased, there was also an increase in the number of
parking spaces required for homes. Prior to 2004, the parking requirement was a maximum of
2.5 spaces for any home over 2,000 sq. ft. When GRFA was increased, the parking
requirements were drastically increased. Current parking requirements for dwelling units is as
follows:
<2000 sq. ft. = 2 spaces
2,000 sq. ft. - 3,999 sq. ft. = 3 spaces
4,000 sq. ft. - 5,499 sq. ft. = 4 spaces
>5,500 sq. ft. = 5 spaces
Homes now require significantly more parking than what was required previously. The
increased parking requirements have caused projects to have significantly more pavement and
more site disturbance to construct the additional parking spaces. At the same time, there was
no increase in garage credit of 600 sq. ft. per dwelling unit, which equates to approximately 2
parking spaces. The construction of garage area in excess of 600 sq. ft. counts towards GRFA
limitations. However, people are unlikely to build enclosed parking that counts towards GRFA
as living area is more valuable than garage space. If a homeowner does choose to build a
larger garage, it creates a larger footprint, impacting a greater area of the site. Stacking
parking, rather than double loading spaces, is a smaller footprint, with less land dedicated to
parking. Mechanical parking systems are therefore more efficient and have reduced impact on
the environment.
It is the intent of the text amendment that a car lift system will not impact the bulk and mass of
residential structures because the vault is entirely underground. As a result, there is little
impact to adjacent property owners. In fact, adjacent property owners will benefit from
additional enclosed parking rather than having to view parked cars and excessive paved areas.
A car lift system will likely be most beneficial for homeowners looking to do additions to
existing homes. The current regulations often require the creation of additional parking to
serve the new GRFA of an addition. Instead of providing additional pavement to address the
parking requirement, a car lift system could allow a homeowner to provide additional enclosed
parking within an existing garage footprint.
December 21, 2021 - Page 125 of 148
Car Lift Systems
Car lift systems have become more common in multi-family and commercial development. In
communities with little available land, it is a more efficient use of land. Additionally, it can be
much more cost-effective to “stack” vehicles rather than double-loading them. The technology
is not new, but until recently, has been cost-prohibitive for many homeowners. However, the
technology has become more affordable and applications in residential development are being
explored by many homeowners. Generally, the biggest advantage is more parking in less
space.
For residential projects, the intent of the proposal is that the garage level will count towards the
garage credit exclusion. The car drives in at that level, parks, and then is lowered into the vault
which is a level completely below grade. Another car can then park on top of the car within the
vault. For mechanical equipment, there may be an additional space within the vault but below
the level that the car is parked. This area is referred to as the mechanical pit. It is the intention
of the proposed amendment that neither the vault or the pit within the vault count towards
either GRFA or the garage credit exclusion.
Entry Level at Grade
Parking Vault Below Grade
Mechanical Pit
December 21, 2021 - Page 126 of 148
Criteria for Review of Zoning Text Amendment
Section 12-3-7: Amendment provides the criteria for review for a text amendment. This section
states:
Before acting on an application for an amendment to the regulations prescribed in this title, the
planning and environmental commission and town council shall consider the following factors
with respect to the requested text amendment:
(1) The extent to which the text amendment furthers the general and specific purposes of
the zoning regulations
Applicant Analysis: Section 12-1-2: Purpose provides the general and specific purposes of the
Town’s Zoning Code. The purposes are:
G.General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the town, and to promote the coordinated and
harmonious development of the town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential
community of high quality.
The general purposes of the Town’s Zoning Regulations identify “conserving and enhancing the
natural environment.” The overall goal of the proposed amendment to allow for car lift systems
is to allow homeowners a creative method of providing required enclosed parking. This means
that there will be less reliance on additional surface parking and the ability for homeowners to
provide additional pervious landscape area, which is beneficial to the natural environment.
H.Specific: These regulations are intended to achieve the following more specific
purposes:
1.To provide for adequate light, air, sanitation, drainage, and public facilities.
2.To secure safety from fire, panic, flood, avalanche, accumulation of snow,
and other dangerous conditions.
3.To promote safe and efficient pedestrian and vehicular traffic circulation and
to lessen congestion in the streets.
4.To promote adequate and appropriately located off street parking and
loading facilities.
5.To conserve and maintain established community qualities and economic
values.
6.To encourage a harmonious, convenient, workable relationship among land
uses, consistent with municipal development objectives.
7.To prevent excessive population densities and overcrowding of the land with
structures.
8.To safeguard and enhance the appearance of the town.
9.To conserve and protect wildlife, streams, woods, hillsides, and other
desirable natural features.
10.To assure adequate open space, recreation opportunities, and other
amenities and facilities conducive to desired living quarters.
11.To otherwise provide for the growth of an orderly and viable community.
December 21, 2021 - Page 127 of 148
Of the above-listed specific purposes, the applicant believes that the proposed amendment
furthers two:
4.To promote adequate and appropriately located off street parking and loading
facilities.
9.To conserve and protect wildlife, streams, woods, hillsides, and other desirable
natural features.
The proposed amendment encourages the use of a mechanical lift system to allow for stacked
enclosed parking, which helps to provide appropriately located off-street parking, with no
impact on adjacent property owners and no impact on the bulk and mass of homes.
Furthermore, by encouraging this option, there is less impervious area dedicated to surface
parking. This is beneficial to the environment as impervious area contributes to stormwater
run-off, impacting the local stream ecosystem.
(2) The extent to which the text amendment would better implement and better achieve
the applicable elements of the adopted goals, objectives, and policies outlined in the Vail
comprehensive plan and is compatible with the development objectives of the town
Applicant Analysis: One of the desirable outcomes of car lift systems is the minimization of
surface parking. The impervious surface of parking areas increases storm-water runoff and
less opportunity for landscape area. The following graphic is intended to outline the benefits of
allowing for car lift systems.
Example:
Duplex Residence with 4,000 sq. ft. of GRFA in each unit
Parking Requirement: 4 spaces per unit
Garage “Credit” or Exclusion: 600 sq. ft. per unit / 2 enclosed spaces per unit
Current Regulations:
= 694 sq. ft. of impervious area to meet minimum parking requirements
Proposed Amendment:
enclosed enclosed
surface
9x19
171 sq. ft.
surface
9x19
171 sq. ft.
enclosed enclosed
surface
9x19
171 sq. ft.
surface
9x19
171 sq. ft.
enclosed enclosed
enclosedenclosed
enclosed enclosed
enclosedenclosed
December 21, 2021 - Page 128 of 148
= stacking the parking allows for 694 sq. ft. of additional landscape area as all parking
is enclosed
The Vail Land Use Plan provides the following Goals and Policies, which are furthered by this
proposed amendment.
(3) The extent to which the text amendment demonstrates how conditions have
substantially changed since the adoption of the subject regulation and how the existing
regulation is no longer appropriate or is inapplicable
Applicant Analysis: Innovation in parking technologies have created opportunities that the
Town’s Zoning Code did not contemplate. The ability to stack parked cars in an enclosed
environment is relatively new, but the application of within single-family or duplex residences
remains cutting-edge. Providing stacked parking with no impact to a structure’s bulk and
mass is beneficial. However, the Town’s GRFA limitations make it challenging. The proposed
text amendment will allow the vault of the system to be excluded from the calculation of GRFA.
This is appropriate as the space is unfinished, inaccessible except for maintenance uses, and
cannot be used for livable area.
(4) The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives
Applicant Analysis: In consideration of the proposed amendment, one of the primary goals
was to draft an amendment that would encourage the use of a lift system while not increasing
the bulk and mass of a structure. The amendment is structured to allow the lift system that
creates additional parking below-grade so as to remain consistent with the Town’s bulk and
mass standards, along with the Design Guidelines. One of the hurdles of using a mechanical
car lift system is the GRFA restrictions. The proposed amendment maintains the integrity of
December 21, 2021 - Page 129 of 148
the GRFA requirements, but excludes the space required below-grade from the GRFA
calculations. As a result, the the proposed text amendment is consistent with municipal
development objectives and is harmonious with the existing land use regulations.
(5) Such other factors and criteria the planning and environmental commission and/or
council deem applicable to the proposed text amendment
Applicant Analysis: The applicant can provide any additional information requested by the
Planning and Environmental Commission or Town Council.
December 21, 2021 - Page 130 of 148
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: November 8, 2021
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code
to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town
Code, to allow for underground car lifts to be added and exempted from GRFA
calculations and setting forth details in regard thereto. (PEC21-0046)
Applicant: Mauriello Planning Group and KH Webb Architects
Planner: Greg Roy
I. SUMMARY
The applicants, Mauriello Planning Group and KH Webb Architects, are requesting a
recommendation of approval to the Vail Town Council for a prescribed regulation
amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section
12-15-3 Definition, Calculation, and Exclusions, Vail Town Code, to allow for underground
car lifts to be added and exempted from GRFA calculations .
Based upon Staff’s review of the criteria outlined in Section VII of this memorandum and
the evidence and testimony presented, the Community Development Department
recommends the Planning and Environmental Commission forward a recommendation
of approval of this application subject to the findings noted in Section VIII of this
memorandum.
II. DESCRIPTION OF REQUEST
The applicants request a recommendation of approval to the Vail Town Council for a
prescribed regulation amendment pursuant to Section 12 -3-7 Amendment, Vail Town
Code to amend Section 12-15-3 Definition, Calculation, and Exclusions, Vail Town Code,
to allow for underground car lifts to be added and exempted from GRFA calculations and
setting forth details in regard thereto. (PEC21-0046)
The purpose of Chapter 15, Gross Residential Floor Area (GRFA) of the Vail Town Code
is noted below:
December 21, 2021 - Page 131 of 148
Town of Vail Page 2
“This chapter is intended to control and limit the size, bulk, and mass of
residential structures within the town. Gross residential floor area (GRFA)
regulation is an effective tool for limiting the size of residential structures and
ensuring that residential structures are developed in an environmentally sensitive
manner by allowing adequate air and light in residential areas and districts.”
In summary, GRFA is meant to control the bulk and mass of a building as viewed from the
exterior of the property. The nature of underground car lifts means that they would not
add to the bulk and mass of the building as viewed from the exterior and should be
exempted from the GRFA calculations.
As currently proposed, the entire vault would be required to be below the finished grade.
It will also not count as a portion of the lowest level for the basement deduction. This
prevents a vault from being used as additional wall area below grade to increase the
basement deduction but also does not penalize applicants for adding a vault that may be
below the basement level of the house.
The benefit of allowing this additional exemption could lessen the visual impacts of
exterior parking or additional garage bays on a home. It could also reduce the amount of
lot area taken up by driveway space to accommodate the minimum parking requirement s.
By increasing the amount of possible interior parking, those externalities are removed
from the visual aspect of a residence.
Please see the applicant’s narrative, dated October 27, 2021, and included as Attachment
A for additional information.
III. BACKGROUND
The Community Development Department strives for rules and regulations that are
consistent, enforceable, predictable, and easily understood. The current code language
does not address underground car vaults which are growing in popularity and are being
requested more frequently. The proposed amendment will clarify the rules around these
new features to ensure they are applied consistently and predictably in the future.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The applicant proposes the following language to be added to Title 12:
The proposed amendments are as follows (text to be deleted is in strikethrough, text that
is to be added is in bold. Sections of text that are not amended have been omitted.):
Proposed new code language
12-15-3 (A)(1)(a):
(9) Underground vaults with a mechanical lift system for the purpose of enclosed
December 21, 2021 - Page 132 of 148
Town of Vail Page 3
parking, if all the following criteria are met:
A. The vault is only used for the storage of vehicles.
B. The vault floor to the finished floor elevation of the garage does not exceed
sixteen feet (16’) in height.
C. The entire perimeter and volume of the vault shall be below finished grade
and be within the footprint of the garage.
D. The vault is only accessible from within the garage.
E. Any openings to the vault shall be no larger than the minimum required by
Building Code.
F. The floor area of the vault shall not exceed three hundred (300) square feet
per vehicle space and not exceeding a maximum of two (2) vehicle spaces
for each allowable dwelling unit permitted by this title.
Underground vaults with a mechanical lift system for the purpose of enclosed
parking that meet the criteria above shall not be considered as part of the lowest
level for the purpose of the deduction for basements in subsection (6) above.
V. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
December 21, 2021 - Page 133 of 148
Town of Vail Page 4
an evaluation of the application in regard to the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
VI. APPLICABLE PLANNING DOCUMENTS
Staff believes that the following provisions of the Vail Town Code and Vail Land Use Plan
are relevant to the review of this proposal:
Vail Comprehensive Plan
Land Use and Development Goal #1
• 1.3: The quality of development should be maintained and upgraded whenever
possible.
Vail 2020 Strategic Plan
• Goal #3: Ensure fairness and consistency in the development review process.
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purpose of the zoning regulations is for “promoting the health, safety, morals,
and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. This text amendment is intended to allow for the addition of underground car
vaults within a building. Doing so will enhance the character of the town as a resident ial
community of the highest quality by reducing the visual impact of surface parking. It will
also reduce the necessity of larger paved driveways to accommodate parking minimums.
Staff finds that the proposed text amendment conforms to this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
The proposed text amendment will result in an improved level of development within the
town. While lifts are not prohibited at this time, they may be underutilized due to the
additional square footage of the GRFA requirement or conflicting with a basement level
deduction. Adding this language will keep the Town Code up to date on modern trends
December 21, 2021 - Page 134 of 148
Town of Vail Page 5
and allow car vaults to be regulated similarly as they become more popular. This will also
have the desired outcome of allowing more parking inside of a structure with no visual
addition to the structure.
Staff finds that the proposed text amendment conforms to this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The current regulations were not set up with a consideration of car vaults. As time has
progressed, these have become more affordable and accessible to the single-family or
duplex residence in Vail. Trends predict that these will become more utilized in the future
and it would benefit the Town to set explicit regulations around them.
Staff finds that the proposed text amendment conforms to this criterion.
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
The proposed language will provide a workable relationship that is consistent with
development objectives. The proposed language fits easily into the GRFA exemptions
and clarifies that it will not conflict with the basement deduction in subsection six. Staff did
not find any conflicts or potential externalities that may arise from explicitly permitting
these car vaults with the included criteria.
Staff finds that the proposed text amendment conforms to this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendments.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section Vll of this memorandum and the evidence and
testimony presented.
December 21, 2021 - Page 135 of 148
Town of Vail Page 6
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a prescribed regulation amendment, pursuant to Section 12 -3-7,
Amendment, Vail Town Code, to amend Section 12-15-3 Definition, Calculation, and
Exclusions, Vail Town Code, to allow for underground car lifts to be added and exempted
from GRFA calculations and setting forth details in regard thereto. (PEC21-0046)”
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
“Based upon a review of Section VII of the November 8, 2021 staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is
compatible with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX. ATT ACHMENTS
A. Applicant Narrative, October 27, 2021
December 21, 2021 - Page 136 of 148
P L ANNI NG AND E NV I RO NM E NTAL
C O M M IS S IO N
November 8, 2021, 1:00 P M
Town Council Chambers and Virtual on Zoom
75 S . Frontage Road - Vail, Colorado, 81657
1.Call to Order
1.1.Register in advance for this webinar:
https://us02web.zoom.us/webinar/register/W N_tX L0eRs9QKieoSkwg888J w
1.2.Attendance
Present: Ludwig Kurz, Brian Gillette, Henry Pratt, Rollie Kjesbo, Karen
Perez, Reid Phillips, Pete Seibert
Absent: None
2.Main Agenda
2.1.A request for a recommendation to the Vail Town Council for a Prescribed
Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town
Code to amend Section 12-15-3 Definition, Calculation, and Exclusions,
Vail Town Code, to add an exemption to allow vaults for car lift systems to be
excluded from the GRFA calculation and setting forth details in regard
thereto. (P E C21-0046)
20 min.
Applicant:K H W ebb Architects & Mauriello Planning Group
Planner:Greg Roy
Planner Roy introduces item and discussed the history of the application at
the P E C. He talks about the concerns of the board at previous meetings. He
says the applicants have proposed a couple of changes and talks about the
proposed code language.
Dominic Mauriello and Kyle W ebb are present for the applicants. Mauriello
introduces the 300 square foot limitation and the calculations which factored
into this figure.
Webb says it’s a scissor lift, OS HA requires an access panel outside the
footprint of the lift as well as hoses and pumps outside the footprint. He says
this factored into the calculations previously mentioned.
Kurz asks for questions from the board.
Phillips asks if they can be serviced from above with the only access being
within the garage as the language proposes?
Webb says that is true in conversations with four manufacturers.
Kurz says the square footage language and two vehicles per dwelling unit
seems like a reasonable solution. I t will get cars off driveways or parking
areas which is a community benefit. He is in favor. He asks if there is
December 21, 2021 - Page 137 of 148
additional comment?
Perez is pleased to see the changes addressed previous comments from the
board.
There is no public input.
Gillette joins (virtually).
Rollie Kjesbo moved to recommend approval to Town Council. Henry Pratt
seconded the motion and it passed (6-0).
Abstain:(1)Gillette
2.2.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 168 Gore Creek Drive Unit 142/Lot 1,
Lodge Subdivision, and setting forth details in regard thereto. (P E C21-
0027)
10 min.
Applicant:Charley Viola (Yama Sushi)
Planner:J onathan Spence
1. This Conditional Use Permit approval is contingent upon the applicant
obtaining Town of Vail approval of an associated design review
application.
2. The applicant shall operate the outdoor patio in a manner generally
consistent with the approved site plan included as an attachment to
this November 8, 2021 memorandum.
Planning Manager J onathan Spence introduces the history of the
application, and the ongoing formalization of outdoor dining footprints. He
talks about the town’s task force which reviewed the applications.
Spence talks about the details of the Yama application, and asks if there are
questions.
Pratt asks about the plan in the materials. He noticed the barrier goes into
the ground in sleeves and asks why that is.
Spence says that was in response to a previous town policy and will be
subject to a future Design Review Board process without the sleeves.
There is no public input.
Rollie Kjesbo moved to approve with conditions. Karen Perez seconded the
motion and it passed (7-0).
2.3.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the installation of
an outdoor dining patio, located at 228 Bridge Street Unit B/Lot A Block 5,
Vail Village Filing 1, and setting forth details in regard thereto. (P E C21-
0037)
10 min.
Applicant:Drew Riley (Russell's)
Planner:J onathan Spence
1. Prior to submitting for the required D RB, the plan will be modified to
have the outdoor seating limited to two tables replacing the existing
bench and one table in front of the garden. (Total of 3 tables)
December 21, 2021 - Page 138 of 148
2. The outdoor seating barricade, to be reviewed by the D RB, shall not
be placed more than two feet from the face of the wall (not the recess
where the bench is).
3. All tables, chairs and barriers shall be completely removed every
evening and not stored against the wall.
Spence references the previous application before the P E C on Oct. 22nd.
He references a photo with the proposed location for a barrier. Staff and
task force are recommending approval with attached conditions.
Pratt says the site plans proposes to store barriers outside at night.
Spence says the conditions address this; the tables will be stored indoors.
Phillips asks if this is only for the summer.
Spence confirms.
There is no public input.
Perez says it is better than what was previously proposed but has a problem
with it near the covered bridge location. Pratt concurs.
Rollie Kjesbo moved to approve with conditions. Reid Phillips seconded the
motion and it passed (5-2).
Ayes:(5)Gillette, Kjesbo, Kurz, Phillips, Seibert
Nays:(2)Perez, Pratt
2.4.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 223 Gore Creek Drive Unit E/Lot A,
Block 5B, Vail Village Filing 1, and setting forth details in regard thereto.
(P E C21-0052)
The applicant has requested this item be tabled.
2 min.
Applicant:Michael Stadler (Up the Creek Bar & Grill)
Planner:J onathan Spence
Brian Gillette moved to table. Karen Perez seconded the motion and it
passed (7-0).
2.5.A request for review of a Conditional Use Permit, pursuant to Section 12-
16, Conditional Use Permits, Vail Town Code, to allow for the expansion of
an outdoor dining patio, located at 193 Gore Creek Drive Unit B/Tract A,
Block 5B, Vail Village Filing 1, and setting forth details in regard thereto.
(P E C21-0034)
This application has been withdrawn. No action necessary.
Applicant:Matt Morgan (Sweet Basil & Mountain Standard)
Planner:J onathan Spence
3.Approval of Minutes
3.1.October 25, 2021 P E C Results
December 21, 2021 - Page 139 of 148
Kurz clarifies the spelling of Seibert for the minutes.
Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it
passed (7-0).
4.I nformational Update
4.1.Update to the Planning and Environmental Commission on the status of the
Gore Creek Spill report.
Applicant:
Planner:
Watershed Education Coordinator Wadden says he doesn’t have a lot of
new information. Three state agencies are investigating: Colorado Parks
and W ildlife (C P W ), the Colorado Department of Agriculture, and the
Colorado Department of Public Health and the Environment (C D P HE). We
should have something from C P W by the end of the year and C D P HE has
undertaken statewide investigation of Vail Resorts’ snowmaking operations.
Phillips asks what authority the P E C has with this incident. He says he
understands that there is a report that was authored by Vail Resorts, he
wants to see if the P E C can get a copy of the report sent to Eagle River
Water and Sanitation District and C D P HE.
Wadden says the report is publicly available.
Phillips says there were protocol and operational problems. He would like
the board to view the report before the next meeting. He asks what the
P E C’s authority is to ask for representation to this committee to address
questions. Can we ask for that?
Spence says you could certainly request that. I f there was a conditional
use permit attached to it in town, that would be the framework for
discussion, but this occurred outside of the town. He will consult with town
staff on this issue.
Perez asks if the issue will go to the joint-environmental council.
Spence asks for clarification.
Kurz clarifies the Open Space Committee.
Spence says they’re not tasked with this.
Wadden says Town Council will be briefed.
Perez asks for a summary of the Vail Resorts report.
Wadden says he is not comfortable sharing from memory but happy to
share the document. His department is waiting for state agencies to make
their final reports.
Pratt asks about another incident involving yellow paint.
Wadden says the hospital parking lot was being re-striped during
Halloween weekend. The contractor hired by the hospital spilled or dumped
a half gallon of paint into the storm drain. Thanks to observations by a Vail
December 21, 2021 - Page 140 of 148
Town Council member, they got out there with a vacuum truck before too
much was discharged to the creek.
Pratt asks about the citation and what it meant.
Wadden says the Police and Fire Department were present. The
police took statements and Environmental Sustainability submitted
spill reports to C D P HE. The hospital will be billed for the vacuum
truck operations, staff time, and equipment.
Kurz thanks Seibert for his service on the P E C and wishes him luck
moving forward.
Spence says there will be one more P E C meeting with Seibert
present.
5.Adjournment
Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it
passed (7-0).
The applications and information about the proposals are available for public inspec tion during regular offic e hours at the
Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project
orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department.
Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the
Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please
call 711 for sign language interpretation 48 hour prior to meeting time.
Community Development Department
December 21, 2021 - Page 141 of 148
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 26, Series 2021, S econd Reading, an Ordinance Amending Title
4, Chapter 3 of the Vail Town Code to Codify the I mposition of a Voter-Approved I ncrease in the
Town's E xisting S ales Tax, E ffective J anuary 1, 2022
P RE S E NT E R(S ): Carlie Smith, Deputy Finance Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, or approve with amendments the second
reading of Ordinance 26, Series 2021.
B AC K G RO UND: Town of Vail voters approved a 0.5% increase in sales tax on all items,
excluding food for home consumption, effective J an 1, 2022, and sunsetting on December 31,
2052. The increase in sales tax is dedicated to funding housing initiatives, housing developments,
and housing programs. The purpose of Ordinance No. 26, S eries 2021 is to amend Title 4,
Chapter 3 to codify the new tax rate and exemption.
S TAF F RE C O M M E ND AT IO N: A pprove, or approve with amendments the second reading of
Ordinance 26, Series 2021.
AT TAC H ME N TS:
Description
Ordinance No. 26, Series 2021, Second Reading
December 21, 2021 - Page 142 of 148
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: December 21, 2021
SUBJECT: Voter-Approved Sales Tax Increase, Ordinance No. 26, Series 2021
[No Changes from 1st Reading]
I. SUMMARY
Town of Vail voters approved a 0.5% increase in sales tax on all items, excluding food for
home consumption, effective Jan 1, 2022, and sunsetting on December 31, 2052. The
increase in sales tax is dedicated to funding housing initiatives, housing developments, and
housing programs. The purpose of Ordinance No. 26, Series 2021 is to amend Title 4,
Chapter 3 to codify the new tax rate and exemption.
II. BACKGROUND
During the November 2021 election, voters approved ballot initiative 2A for a 0.5% increase
to sales tax increasing the existing local tax rate from 4.0% to 4.5% on all items with the
exception of food for home consumption, which will remain taxed at 4.0%. The revenues
from the tax increase will be used to fund housing initiatives, housing developments, housing
programs and related activities. The tax will be collected and remitted by all retailers
engaged in business in the Town. Prior to the ballot initiative, a survey of likely voters was
conducted in July of 2021. The survey results indicated 57% of respondents supported a
sales tax increase to fund housing initiatives. Ballot initiative 2A was passed with 53.54%
voter approval. The additional tax rate is estimated to generate $4.3 million for the town’s
Housing Fund in the first year.
In March of 2019, the Town of Vail adopted Colorado Municipal League (CML) standard tax
definitions to simplify the sales tax code. This effort was done in coordination with other
jurisdictions across the state to unify tax definitions, thereby reducing the burden of
collections on retailers. Ordinance 26, Series of 2021 utilizes the standard definition of Food
for Home Consumption in codifying the new tax rate and exemption.
III. ACTION REQUESTED FROM COUNCIL
Approve, or approve with amendments the second reading of Ordinance 26, Series 2021.
December 21, 2021 - Page 143 of 148
ORDINANCE NO. 26
SERIES 2021
AN ORDINANCE AMENDING TITLE 4, CHAPTER 3 OF THE VAIL TOWN
CODE TO CODIFY THE IMPOSITION OF A VOTER-APPROVED
INCREASE IN THE TOWN’S EXISTING SALES TAX, EFFECTIVE
JANUARY 1, 2022
WHEREAS, at the November 2021 regular Town election, a majority of the
registered electors of the Town voted in favor of Ballot Issue No. 2A, a ballot issue to
raise the Town’s existing sales tax from 4.0% to 4.5% starting on January 1, 2022, and
remaining in effect until December 31, 2052, to fund housing initiatives, housing
developments, and housing programs; and
WHEREAS, the Town Council desires to update the Vail Town Code to reflect the
imposition of the additional 0.5% sales tax that was approved at the November 2, 2021
election.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 4-3-1-2 of the Vail Town Code is hereby amended by the
insertion of the following definition:
4-3-1-2: DEFINITIONS:
FOOD FOR HOME CONSUMPTION: means food for domestic home
consumption as defined in 7 U.S.C. § 2012(k), except that “food” does not
include carbonated water marketed in containers; chewing gum; seeds and
plants to grow foods; prepared salads and salad bars; packaged and
unpackaged cold sandwiches; deli trays; and hot or cold beverages served
in unsealed containers or cups that are vended by or through machines or
non-coin-operated coin-collecting food and snack devices on behalf of a
vendor.
Section 2. Section 4-3-1-5 of the Vail Town Code is hereby amended as follows:
4-3-1-5: EXCESS TAX; REMITTANCE:
If any vendor, during any reporting period, collects as a tax an amount in
excess of four percent (4%) four and one half percent (4.5%) of such
vendor's total taxable sales, then such vendor shall remit to the Finance
Director the full net amount of the tax imposed in this chapter and also such
excess amount. The retention by the retailer or vendor of any excess
amount of tax collections over the four percent (4%) four and one half
percent (4.5%) of the total taxable sales of such retailer or vendor or the
intentional failure to remit punctually to the Finance Director the full amount
required to be remitted by the provisions of this Chapter is declared to be a
Ordinance No. 26, Series 2021
December 21, 2021 - Page 144 of 148
2
violation of this Chapter and shall be recovered, together with interest,
penalties and costs as provided in this Chapter.
Section 3. Section 4-3-3-1(e) of the Vail Town Code is hereby amended as
follows:
4-3-3-1: PROPERTY AND SERVICES TAXED:
* * *
E. Food and Drink:
1. Upon all sales of food.; except that the sale of food for home
consumption as defined herein shall be taxed at the rate of four percent
(4%) of the amount of the sale.
* * *
Section 4. Section 4-3-3-2(a) of the Vail Town Code is hereby amended as
follows:
4-3-3-2: COLLECTION OF SALES TAX:
A. When Due and Payable: Every retailer, also in this Chapter called
"vendor", engaged in business in the Town shall, irrespective of the
provisions of Section 4-3-3-3 of this Section 4-3-3, be liable and responsible
for the payment of an amount equal to four percent (4%) four and one half
percent (4.5%) of all sales made by such retailer of commodities or services
as specified in Section 4-3-3-1 of this Section 4-3-3 and shall before the
twentieth (20th) day of each month make a return to the Finance Director for
the preceding calendar month and remit an amount equal to said four
percent (4%) four and one half percent (4.5%) on such sales to said Finance
Director. For the purposes of this subsection, all such returns and
remittance shall be considered made to the Finance Director on or before
the twentieth day of each month if they are sent via the United States mail
and are postmarked on or before the twentieth day of each month. If the
twentieth day of any month falls on a weekend or holiday, said return and
remittance may be postmarked the following business day. Such returns of
the taxpayer or duly authorized agent shall be furnished by the Finance
Department. The Town shall use the standard Municipal Sales Tax
reporting form and any subsequent revisions thereto adopted by the
Executive Director of the Department of Revenue by the first month
commencing one hundred twenty (120) days after the effective date of the
regulation adopting or revising such standard form.
* * *
Ordinance No. 26, Series 2021
December 21, 2021 - Page 145 of 148
3
Section 5. Section 4-3-3-3(b) of the Vail Town Code is hereby amended as
follows:
4-3-3-3: SALES TAX BASE; SCHEDULE OF SALES TAX:
* * *
B. Percentage of Tax: There is imposed upon all sales of commodities
and services specified in Section 4-3-3-1 of this Section 4-3-3, a tax at the
rate of four percent (4%) four and one half percent (4.5%) of the amount of
the sale, to be computed in accordance with the schedules or system set
forth in the rules and regulations prescribed therefor. Said schedules or
systems shall be designed so that no such tax is charged on any sale of
twenty four cents ($0.24) or less.
* * *
Section 6. 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 7. 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 8. 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 7th day of December, 2021 and a
public hearing for second reading of this Ordinance is set for the 21st day of December,
2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Ordinance No. 26, Series 2021
December 21, 2021 - Page 146 of 148
4
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 21st day of December, 2021.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
Ordinance No. 26, Series 2021
December 21, 2021 - Page 147 of 148
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 8:15 pm (estimate)
December 21, 2021 - Page 148 of 148