HomeMy WebLinkAbout2022-03-01 Agenda and Supporting Documenation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 PM, March 1, 2022
Meeting to be held in C ouncil Chambers and Virtually (access
High 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.)
2.Any action as a result of executive session
3.Proclamations
3.1.Proclamation No. 2 Series of 2022, I n Recognition of Vail's Trailblazer
Award Recipient Terry Minger
10 min.
Presenter(s): Kim Langmaid, Mayor
Background: Terry Minger was chosen as the seventh recipient of the Vail
Trailblazer Award and will be recognized with a proclamation at the evening
meeting and during the Annual Community Meeting. His vision and
municipal leadership during Vail's early years was instrumental in creating
the formation of its government and the success Vail has seen over the
years.
4.Appointments for Boards and Commissions
4.1.Art in Public Places (A I P P) Board Appointments 5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council:
Motion to appoint 2 members to serve on the Art in Public Places Board for
a one year term ending March 31, 2023.
Motion to appoint 3 members to serve on the Art in Public Places Board for
two year terms ending on March 31, 2024
4.2.Vail Local Housing Authority (V L HA) Appointment 5 min.
Presenter(s): Kim Langmaid, Mayor
March 1, 2022 - Page 1 of 59
Action Requested of Council: Motion to appoint one member to serve on the
Vail Local Housing Authority for a partial term ending May 31, 2023
5.Consent Agenda (5 min.)
5.1.February 1, 2022 Town Council Meeting Minutes
5.2.February 15, 2022 Town Council Meeting Minutes
5.3.Resolution No. 5 Series of 2022, A Resolution Approving a Memorandum of
Understanding between the Town of Vail and the State of Colorado Energy
Office Regarding the Energy Performance Contracting Program
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 5, Series 2022.
Background: The Town of Vail and the State of Colorado Energy Office
wish to enter into a Memorandum of Understanding to provide the Town with
access to the services and support of the Colorado Energy Office’s Energy
Performance Contracting Program.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 5, Series 2022.
5.4.Contract Award with Hallmark I nc. for Ford Park Pedestrian Bridge (Nature
Center Bridge) Rehabilitation
Action Requested of Council: Staff requests the Council direct the Town
Manger to enter into a construction contract in a form approved by the Town
Attorney with Hallmark I nc in the amount of $108,000 for the Ford Park
Pedestrian Bridge Rehabilitation Project.
Background: The wood timber deck on the Ford Park Nature Center Bridge
has been damaged by snow removal operations over the years and needs
replacement. The wood timber deck will be replaced by a steel
pan/concrete deck which will better withstand snow removal operations.
Staff Recommendation: Staff recommends that the Council direct the Town
Manger to enter into a construction contract with Hallmark I nc in the amount
of $108,000 for the Ford Park Pedestrian Bridge Rehabilitation Project.
5.5.Funding Agreement with Resort Entertainment for W inter 2022 Ambient
Entertainment
Action Requested of Council: Direct the Town Manager to enter into an
agreement with Resort Entertainment for the ambient entertainment après
music program from J anuary 1 – April 24, 2022 in the amount of $60,000
on a form approved by the town attorney.
Background: Beginning as a response to the challenges presented by the
pandemic in 2020, the Town of Vail has been building on its tradition of
providing outdoor après music throughout the villages. Throughout 2020 and
2021 several booking agents and artists were engaged to provide an
enhanced experience in the villages during both winter and summer/fall to
surprise and delight our guests. Guests are treated to après music in both
Vail Village and Lionshead at least three days per week. The entertainment
is designed to create a warm and welcoming atmosphere and leave a
positive impression on our guests, who are spending more time outdoors.
Staff Recommendation: Approve the contract with Resort Entertainment for
the 2022 W inter Ambient Music
6.Town Manager Report (10 min.)
March 1, 2022 - Page 2 of 59
6.1.Loading and Delivery Program Update
6.2.Peer Resort Exchange Visit (St. Moritz Switzerland and St. Anton Austria)
7.Presentations / Discussion
7.1.Presentation on Kayak Crossing Deed Restriction Opportunity 60 min.
Presenter(s): George Ruther, Housing Director and Gerry Flynn, Polar
Star Properties
Action Requested of Council: Listen to presentation and provide instruction
on whether to continue to pursue an opportunity to acquire a deed
restriction interest in the Kayak Crossing Apartments, located at 41900 US
Hwy 6 and 24, Eagle-Vail, Colorado.
Background: The Town of Vail Housing Department and Vail Local Housing
Authority were approached by Eagle-Bend/Dowd Affordable Housing
Corporation, the ownership entity of the Kayak Crossing Apartments,
regarding an opportunity to acquire deed restrictions on the property in
furtherance of its adopted housing goal. I n summary, the Board was
offering the sale of deed restrictions to the Town of Vail at the Kayak
Crossing Apartments to fund a capital improvements project and refinancing
opportunity which ensures the long-term availability of deed-restricted
homes on the site.
Staff Recommendation:
7.2.Parking and Transportation Task Force Make up Discussion 20 min
Presenter(s): Greg Hall Director of Public Works And Transportation
Action Requested of Council: Staff requests Town Council provide direction
regarding the Task Force member make up and areas of focus.
Background: The purpose of this item is to provide information on the
Parking and Transportation Task Force current make up and previous
council direction regarding goals, objectives and guidelines, discuss with the
Town Council options for possible revisions with additional focus on mobility
and receive Town Council direction regarding the Task Force members.
Staff Recommendation: Staff recommends to modify the current Task Force
member make up and areas of focus as recommended in the staff memo.
8.Action Items
8.1.Contract Award with I con I nc for the installation of the Booth Lake Trailhead
restroom facility
10 min.
Presenter(s): Greg Barrie, Senior Landscape Architect
Action Requested of Council:
1. Express support for adding $61,000 to the existing restroom budget
during the upcoming budget supplemental process on March 15.
Formal action will occur during that process.
2. Authorize the Town Manager to enter a contract with I con, I nc in an
amount not to exceed $177,505 to perform the site work required to
install a prefabricated restroom facility for the Booth Lake Trailhead.
Background: The Booth Lake Trail is one of the busiest trailheads in the
area with approximately 40,000 users each year. Given the popularity, the
trailhead’s location in a residential neighborhood, and the difficulty of
providing clean portable toilet facilities throughout the summer, installation of
a toilet facility connected to domestic water/sewer is warranted in this
March 1, 2022 - Page 3 of 59
location.
Staff Recommendation:
Staff recommends moving forward with Option A – constructing the
restroom facility as designed at a total project cost of $466,00.
Moving forward with Option A requires two actions:
1. Supplement the existing restroom budget by adding $61,000 during
the upcoming Budget Supplemental process beginning on March 15.
2. Authorize the Town Manager to enter a contract with I con, I nc in
an amount not to exceed $177,505 to perform the site work required to
install a prefabricated restroom facility for the Booth Lake Trailhead.
9.Adjournment
9.1.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
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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.
March 1, 2022 - Page 4 of 59
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: Proclamation No. 2 S eries of 2022, I n Recognition of Vail's Trailblazer Award
Recipient Terry Minger
P RE S E NT E R(S ): K im L angmaid, Mayor
B AC K G RO UND: Terry Minger was chosen as the seventh recipient of the Vail Trailblazer Award
and will be recognized with a proclamation at the evening meeting and during the Annual
Community Meeting. His vision and municipal leadership during Vail's early years was instrumental
in creating the formation of its government and the success Vail has seen over the years.
AT TAC H ME N TS:
Description
Proclamation No. 2, Series 2022
March 1, 2022 - Page 5 of 59
PROCLAMATION NO. 2, SERIES OF 2022
IN RECOGNITION OF VAIL’S TRAILBLAZER AWARD RECIPIENT
TERRELL “TERRY” MINGER
WHEREAS, the Town of Vail celebrated its 50th birthday of incorporation as a municipality
on August 23, 2016, with numerous festivities taking place, including the debut of the Vail
Trailblazer Award Program, a civic recognition whereby the Vail Town Council acknowledges an
individual/s that exemplifies the spirit and fortitude in making Vail a great community through
selfless contributions of time and talent which have made a lasting impact;
WHEREAS, 26-year-old Terrell “Terry” Minger, one of the youngest town managers in
Colorado at the time was recruited by Vail founder Pete Seibert and Blake Lynch in 1969 to
move to the mountains and help progressively lead the creation of a new town government; he
was Vail’s Town Manager from 1969 to 1979 and hit the ground running to transform an
evolving village with dirt streets into a master planned community with qualities that have stood
the test of time;
WHEREAS, Minger’s first mission was to spearhead the adoption of the Vail Town Charter,
approved by voters in 1972, creating the first home-rule town in Colorado allowing for a
municipal governing framework that helped Vail control its own destiny;
WHEREAS, Minger was also instrumental in creating a forward-thinking master plan for the
community which was adopted in 1973, with visionary components emphasizing pedestrian
connections, rigorous design standards and procedures to ensure architectural and landscape
compatibility; establishment of a transportation hub to provide centralized parking, transit and
visitor information services, strict restrictions for loading and delivery activities in Vail Village,
extensive network of bicycling and walking trails throughout town, emphasis on open space
acquisition and landscape beautification, and development of a major community park-cultural
center at Ford Park;
March 1, 2022 - Page 6 of 59
WHEREAS, Minger continued his work throughout the 1970s helping to lead initiatives and
actions that would include: opening of Red Sandstone Elementary School, acquisition of the
land that would become Ford Park, approval of a 1% real estate transfer tax for the purchase of
open space, and approval of a series of bond issues used to build underground parking in Vail
Village and Dobson Ice Arena; and
WHEREAS, Minger’s early efforts also included founding the Vail Symposium in 1971, a
community think tank nonprofit organization, surely innovative for its time; the Vail Symposium
connected the young town to the outside world of ideas, education, art, politics, science,
business and environment, and was used to shape Vail’s values, beliefs and aspirations; more
than 50 years later the Vail Symposium continues to stimulate community enrichment through
its multi-faceted programs and Minger continues to be involved.
NOW, THEREFORE, the Mayor and Town Council of the Town of Vail honor Terry Minger
as the seventh recipient of the Vail Trailblazer Award, a pioneer of early Vail whose leadership,
inspiration and vision for establishing the framework to create a “next generation municipal
government” has been the basis for Vail’s long-term success; Minger’s forward thinking
approach helped secure the master plan for the community that would embrace and enhance
Vail’s social, recreational, cultural, educational and environmental values, and Minger’s
courage, innovation and commitment parallel Pete Seibert and Earl Eaton’s dream to build an
internationally acclaimed ski resort. This is our tribute to you Terry Minger as we extend our
sincerest appreciation for your passion and contributions to the Town of Vail, thank you for
innovating the next generation of ideas during Vail’s early years and inspiring our Vail
community to be the best it can be.
Dated this 1st day of March 2022.
Vail Town Council Attest:
____________________________ _________________________
Kim Langmaid, Mayor Tammy Nagel, Town Clerk
March 1, 2022 - Page 7 of 59
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 rt in Public Places (A I P P ) Board Appointments
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 2 members to serve on the A rt in Public P laces B oard for a one year term
ending March 31, 2023.
Motion to appoint 3 members to serve on the Art in P ublic P laces B oard for two year terms ending
on March 31, 2024
March 1, 2022 - Page 8 of 59
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Vail L ocal Housing A uthority (V L HA) Appointment
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 member to serve on the Vail
L ocal Housing A uthority for a partial term ending May 31, 2023
March 1, 2022 - Page 9 of 59
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: F ebruary 1, 2022 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
February 1, 2022 Town Council Meeting Minutes
March 1, 2022 - Page 10 of 59
Town Council Meeting Minutes of February 1, 2022 Page 1
Vail Town Council Meeting Minutes
Tuesday, February 1, 2022
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tem
Barry Davis
Kevin Foley
Jen Mason
Pete Seibert
Jonathan Staufer
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Bill Hanlon, Vail resident, requested council continue with the bike restrictions from the past
summer in the village for the 2022 summer season. Hanlon noted the congestion on Bridge
Street was too dangerous to not continue the dismount zones. Additionally, Hanlon expressed
safety concerns with parking on the Frontage Roads during busy ski days and suggested
council go big on the redevelopment of Timber Ridge.
Donna Mumma, Vail resident, expressed pedestrian safety concerns at the Frontage Road
underpasses and in the village parking structures. She suggested safety studies occur when
development applications are filed.
Douglas Smith, Vail resident and CSE member, stated he was encouraged by what's ahead for
the community and was hopeful fact-based decisions would help with the future of tourism in
Vail.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1. January 4, 2022 Town Council Meeting Minutes
Foley made a motion to approve the January 4, 2022 Town Council Meeting Minutes; Davis
seconded the motion passed (7-0)
3.2. January 18, 2022 Town Council Meeting Minutes
March 1, 2022 - Page 11 of 59
Town Council Meeting Minutes of February 1, 2022 Page 2
Davis made a motion to approve the January 18, 2022 Town Council Meeting Minutes; Mason
seconded the motion passed (7-0).
3.3. Resolution No. 3, Series 2022: A Resolution Authorizing a Negotiated Contract
with Triumph Development West, LLC for the Redevelopment of Timber Ridge Village
Apartments, Pursuant to Section 2-3-5 of the Vail Town Code.
Background: This resolution serves to formalize Town Council's vote on January 18 to move
forward with negotiating the future redevelopment of Timber Ridge Apartments with a single-
sourced developer as the preferred approach to issuing a Request for Qualifications from
multiple developers.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 3, Series
2022
Coggin made a motion to approve Resolution No. 3, Series of 2022; Davis seconded the motion
passed (7-0)
3.4. Contract Award to Better Destinations, LLC for a Destination Stewardship Plan
Background: The Destination Stewardship Plan Request for Proposals (RFP) was published in
November 2021 to meet the requirement for Vail's certification as a top 100 Sustainable
Destination. Several proposals were submitted and vetted by a staff selection committee and
group of Vendors
was chosen for their exceptional experience in tourism, global sustainability, community
engagement and alignment and values-based marketing.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Better Destinations, LLC to provide professional services
for the development of a Destination Stewardship Plan in the amount not to exceed $169,500.
Davis made a motion to authorize the Town Manager to enter into a contract with Better
Destinations, LLC not to exceed $169,500; Coggin seconded the motion passed (7-0).
3.5. Contract Award to Front Range Fire Apparatus for an Aerial Fire Apparatus
Action Requested of Council: Authorize the Town Manger to enter into an agreement with Front
Range Fire Apparatus in an amount not to exceed $1,600,000.
Background: The 2022 budget allocated $ 1,700,000 for the purchase of a new ladder truck
which will replace the existing ladder truck which was built in 2001. This vendor was selected
following an extensive evaluation and design process by a design committee which consisted of
members of the fire department and the Town of Vail Fleet Maintenance department. The
remainder of the budgeted funds will be use to purchase equipment to outfit the new ladder
truck.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Front
Range Fire Apparatus in a form approved by the Town Attorney, to procure an aerial apparatus,
in an amount not to exceed $1,600,000.
March 1, 2022 - Page 12 of 59
Town Council Meeting Minutes of February 1, 2022 Page 3
Coggin made a motion to authorize the Town Manager to enter into an agreement with Front
Range Fire Apparatus not to exceed $1,600,000; Foley seconded the motion passed (7-0).
4. Town Manager Report
4.1. March 8 – Town of Vail Annual Community Meeting at Donovan Pavilion
Robson noted the Annual Community Meeting would be held on March 8 at Donovan Pavilion
doors open at 5:00 pm.
4.2. Update on Statement from CAST regarding Legislative Housing Policy
Robson requested council’s approval and support on a list of legislative endorsements by
Colorado Association of Ski Towns.
5. Presentations / Discussion
5.1. Recap of Early Season Activations (Revely Vail, Vail Holidays, Snow Days, and
Powabunga)
Presenter(s): Mia Vlaar, Economic Development Director and Jeremy Gross, Special Events
Coordinator
Action Requested of Council: No action needed. Final funding released by CSE on 1/5/2022.
Recap materials included for reference only.
Background: Recaps will be presented for the winter 2021 early season activations for Revely,
Vail Holidays and two concerts. Additional presentations will be made by Katie Tille, Imprint
Events Group for the Snow Days concerts and Austin Gavlak, Full Send Productions for the
Powabunga concerts.
Gross provided a brief recap of the events that occurred since the opening day on the mountain.
• Revely Vail returned for its third year and ran through December 15th. Revely Vail
continued the tradition of welcoming guests to the brilliance of winter through enhanced
holiday lighting, whose centerpiece was the Sunbird Park kiosk. The kiosk featured six
custom skis with built-in video monitors displaying historic ski footage from the Colorado
Snowsports Museum and interactive projection lighting that became the backdrop for
selfies and family photos, a stage for the Lionshead Tree Lighting, and a gathering place
for musicians to entertain guests. Interactive lighting displays were installed on the
International Bridge and the Covered Bridge. Revely Vail also included live events; Vail
Astronomy Nights, silent discos, skating shows, and the Kringle Market were all
incorporated into Revely Vail.
The budget for 2021 was $175,000 to activate the 7-week period. The actual
spent for the period was $151,033 with some saving coming from events that
were canceled due to weather.
• Vail Snow Days occurred on December 3 and 4 with Nathaniel Rateliff and Dierks
Bentley headlining. Powabunga followed on December 10 and 11, featuring a full lineup
March 1, 2022 - Page 13 of 59
Town Council Meeting Minutes of February 1, 2022 Page 4
of DJ’s and electronic music, capping of on Saturday with headliner Rufus Du Sol. Both
events also featured activation in the villages.
Council approved $300,000 for the events, and Vail Resorts contributed
approximately $257,000 between both Vail Mountain Marketing and Strategic
Alliance Partners
Katie Till, event producer for Highline Sports and Entertainment, provided council with a recap
on Snowdays:
The Vail Snow Days guests were nearly a 50/50 split. 48% out of area visitors
between overnight and day trip guests to the local contingent. Till stated they
typically expect more out of area but with a low snow year they didn’t get as
many overnight guests as they.
Lodging packages were promoted through the event website as well as through
discovervail.com. These also marketed the other activities going on in Vail during
this time in addition to Vail Snow Days signature events.
Partnered with local merchants on “Snow Days Live”, a marketing initiative
highlighting and cross-promoting with every merchant that was having live music
throughout the weekend.
Had event elements in all areas of Vail: Ford Park, Vail Mountain, Vail Village,
Lionshead. Till explained this helped to spread the love with all Vail merchants.
Promoted discovervail.com and Vail winter activities on the event website and
marketing materials.
Austin Gavlak, event producer for Powabunga, provided council with a recap on his event:
Over 90% of guest were in Vail primarily for the event
95% of guests purchased a multi-day ticket
Extremely high occupancy rates in Vail hotels including high end options
Excellent connection with target market // 25 - 35-year-old
International media coverage in major publications
Estimated economic impact is over $6 Million
Council asked both event producers how data was collected. Gavlak stated his company used
survey monkey computer program.
Council had no further questions and thanked the producers for the recaps on their events.
5.2. 2021 Vail Local Housing Authority Semi Annual Report
Presenter(s): George Ruther, Housing Director and Steve Lindstrom, Chair, Vail Local Housing
Authority
March 1, 2022 - Page 14 of 59
Town Council Meeting Minutes of February 1, 2022 Page 5
Action Requested of Council: Listen to presentation and respond to the visioning questions
highlighted in Section III of the attached memorandum
Background: The purpose of this agenda item is to outline topics for discussion in preparation of
a strategic planning work session with the Vail Town Council. To measure performance towards
achieving the adopted housing goal for the Vail community, the Vail Local Housing Authority
prepares a twice annual report summarizing progress and looking forward towards new
opportunities. A key component of the presentation will be a strategic look forward into 2022
and beyond for delivering on housing in the Vail community. Looking forward into 2022, four
themes are likely to drive housing successes into the coming years. Those themes include a
focus on the following:
1) Sustainability and Resiliency
2) Opportunity and Solutions,
3) Tools and Resources, and
4) Funding
To that end, a series of consideration are highlighted in Section III of the memorandum to begin
facilitating a work session discussion between the Vail Local Housing Authority and the Vail
Town Council with the intent of continuing successful progress towards the Town's adopted
housing goal.
Steve Lindstrom, Chair of Vail Local Housing Authority, discussed 4 themes that were likely to
drive housing successes into the coming years:
1. Sustainability and resiliency;
The availability and attainability of housing impacts many aspects of
sustainability and resiliency of the Vail community, including environment,
economy, and the community.
2. Opportunity and solutions;
In town:
o East Vail CDOT parcel (15 to 20 homes)
o Public Works facility (130 to 150 homes)
o West Middle Creek
o Civic Area
Cascade tennis court site
o Timber Ridge Village Apartments
o West Vail neighborhoods
o West Vail Commercial
Out of town:
o Eagle-Vail State Land Board parcel (Phase 1 +200 to 250 homes)
o Swift Gulch site (45 to 60 homes)
o Traer Creek parcel (TBD)
o Tract Y, Metcalf Road (+/- 54 homes)
3. Tools and resources; and
2018 Town of Vail Housing Policy Statements
Knowledgeable and experienced staff with years of institutional
knowledge
March 1, 2022 - Page 15 of 59
Town Council Meeting Minutes of February 1, 2022 Page 6
Well-established relationships with local, regional, and private-sector
partners
Proven and demonstrated track record of delivering on housing
successes
Vail Local Housing Authority
4. Funding
0.5% dedicated sales tax
Bonding/Issuance of debt
Fund balance reserves
Private equity participation
Housing mitigation fees
Federal/state grants
Council had no questions and thanked the Vail Local Housing Authority members for all their
efforts.
6. Action Items
6.1. Villa Cortina Revocable License Agreement
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve Revocable License Agreement for private improvements
on town property
Background: The Villa Cortina Condominium Association, located at 22 West Meadow Drive,
has had approximately 50 square feet of private improvements on town property for over 30
years without a license agreement or easement. The improvements include a portion of their
driveway and the western masonry wall, light, and gate.
Staff Recommendation: Town staff recommends that the Town Council approve the pre-existing
encroachment with the ability to maintain and improve them in accordance with the attached
Revocable License Agreement as approved by the Town Attorney
Kassmel provided a brief explanation to council regarding the reason for the town to enter into a
revocable license agreement with the Villa Cortina Condominium Association. Kassmel
explained the Association had private improvements on town property for the past 30 years.
Now the Association was beginning to make updates to their property and need the license to
moved forward through the development process.
Council had no questions.
Coggin made a motion to approve the pre-existing encroachment in accordance with a
revocable license agreement approved by the tow attorney; Mason seconded the motion
passed (7-0).
6.2. Timber Ridge Village Apartments Redevelopment
Presenter(s): George Ruther, Housing Director
March 1, 2022 - Page 16 of 59
Town Council Meeting Minutes of February 1, 2022 Page 7
Action Requested of Council: Take action on each of the three questions highlighted for Town
Council consideration in Section 3 of the staff memorandum.
Background: This agenda item advances the actions outlined in the 2018-2020 Vail Town
Council Action Plan, furthers the adopted housing goal of the Town of Vail,
and realizes Vail’s vision to be the premier international mountain resort community. The
redevelopment of the Timber Ridge Village Apartments is
one of the more significant actions the Vail Town Council can take to help achieve the Town's
adopted housing goal of acquiring 1,000 new deed restrictions by the year 2027. Topics to be
covered in this memorandum include the following:
A. Updated Redevelopment Goals and Objectives
B. Public/Private Partnership
C. Redevelopment Timeline
D. Next Steps
Staff Recommendation: The Vail Town Council is asked to take final action or make
determinations on the following items:
1. Adopt redevelopment goals and objectives
2. Affirm a public/private partnership selection process (Res. No.3, Series of 2022)
3. Adopt a redevelopment timeline
4. Appoint Timber Ridge Redevelopment Advisory Committee
Ruther reviewed the memorandum in the agenda packet with council.
Redevelopment Goals and Objectives:
Seize the full opportunity:
Minimum of 200 homes total
Deed-restricted homes are the highest priority:
100% of the new homes shall be deed-restricted
Optimize this housing opportunity:
The density, height, and scale of the redevelopment shall be optimized
within the parameters of the Town’s adopted Housing (H) District, land
use regulations, building codes, and applicable code provisions
Minimize the impacts of the short-term loss of homes:
Construction of the redevelopment project shall not begin prior to the
issuance of a certificate of occupancy for the Residences at Main Vail to
minimize the negative impacts of vacating the Timber Ridge Village
Apartments for construction.
A housing demand study shall drive the design:
Timber Ridge Village Apartments shall be redeveloped to meet the
current and future housing needs of year-round and seasonal Vail
residents based upon the findings and conclusions of an updated housing
market demand study.
Environmental stewardship and sustainability are community values
Environmental sustainability best practices shall be integral to the
planning, design, construction, and future operations of the new buildings
Cost is a key consideration:
March 1, 2022 - Page 17 of 59
Town Council Meeting Minutes of February 1, 2022 Page 8
Financial sustainability and fiscal responsibility are key considerations of
the long-term affordability of the homes and operational/maintenance
needs of the property owner and reflected as such in the project pro
forma.
Time is of the essence:
redevelopment of the Timber Ridge Village Apartments shall be
completed within 24 months of its demolition and in time for occupancy by
November 1, 2025.
Homes are more important than cars:
public transit and pedestrian sidewalks, emphasis shall be placed on
optimizing the number of residential homes rather than maximizing the
number of vehicle parking spaces.
Lead by example:
The process and outcome of the redevelopment of the Timber Ridge
Village Apartments shall exemplify leadership
Focus on mobility with an eye on the future:
Meeting the overall transportation needs of the residents is critical
Coordinated efforts yield greater results:
Given the adjacency of the redevelopment site to the Federally owned
United States Post Office property, the Town shall coordinate its sub-area
planning efforts to include the potential future Post Office property
Optimize the use of the site for complimentary community uses:
Based upon the findings of the updated housing needs and assessment,
additional uses on the site such as early childhood education centers,
community commercial, personal services, and recreational facilities,
which are allowed by zoning, should be considered.
Check all the boxes:
The redevelopment plans shall comply with all Town of Vail regulations,
codes, development standards, design guidelines and design standards,
as well as other applicable requirements, as determined by the Town
Boards and Commissions
Council was comfortable with goals/objectives for Timber Ridge redevelopment as presented
and supported efforts to pursue a Nov. 1, 2025 completion date.
7. Public Hearings
7.1. Ordinance No. 1, Series of 2022 - First Reading - Zone District Boundary
Amendment allow for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing (826
Forest Road) from Two-Family Primary/Secondary Residential (PS) to Outdoor
Recreation (OR) and to zone a portion of the Forest Road ROW to Two-Family
Primary/Secondary Residential (PS).
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: The Vail Town Council shall approve, approve with modifications,
or deny Ordinance No. 1, Series of 2022, upon first reading.
Background: Zone District Boundary Amendment to address the zoning of parcels contained in
the Forest Road land swap, Ordinance No. 14, Series of 2021.
March 1, 2022 - Page 18 of 59
Town Council Meeting Minutes of February 1, 2022 Page 9
Staff Recommendation: The Planning and Environmental Commission forwarded a
recommendation of approval to the Vail Town Council during its January 10, 2022 meeting.
Spence reviewed Ordinance No. 1, Series of 2022 with council explaining the zone district
amendment was needed to move forward with the Forest Road land swap.
Council had no questions.
Coggin made a motion to approve Ordinance No. 1, Series of 2022 first reading, Ordinance No.
1, Series of 2022 an ordinance for a zone district boundary amendment, pursuant to Section12-
3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of Lot 15, Block 1, Vail
Village Filing No. 6 (826 Forest Road) from Two-Family Primary/Secondary Residential (PS) to
Outdoor Recreation (OR) and to zone a portion of the Forest Road ROW to Two-Family
Primary/Secondary Residential (PS) and setting forth details in regard thereto; Foley seconded
the motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 8:02
p.m.
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Tammy Nagel, Town Clerk
March 1, 2022 - Page 19 of 59
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: F ebruary 15, 2022 Town Council Meeting Minutes
AT TAC H ME N TS:
Description
February 15, 2022 Town Council Meeting Minutes
March 1, 2022 - Page 20 of 59
Town Council Meeting Minutes of February 15, 2022 Page 1
Vail Town Council Meeting Minutes
Tuesday, February 15, 2022
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Travis Coggin, Mayor Pro Tem
Barry Davis *absent until 7:05 pm
Kevin Foley
Jen Mason
Pete Seibert
Jonathan Staufer
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Peggy Wolfe and Sarah Franke, Vail Valley Foundation, thanked council and staff for the
support of the upcoming Winter Mountain Games Feb. 25-27 in Vail.
Tom Vucich, Vail resident, commented on the USFS public scoping process for three proposed
trails in the area. Vucich requested council send the language from the town's Open Lands Plan
Update be officially forwarded to the Forest Service as part of the public input process.
2. Any action as a result of executive session
There was none.
3. 2021-2022 Winter Season Updates from Beth Howard, COO, Vail Mountain, Vail
Resorts, Inc.
Howard provided council with an update on Vail Resorts 2021- 2022 winter season. She
praised the VR employees for their dedication to the season; especially while having employee
shortage due to Omicron. VR increased starting wages to $15.00 per hour, offered sick time
and holiday and end of season bonuses. Howard reminded council the mountain opened
earliest it ever had and 97% of the mountain was currently opened. Howard addressed
concerns about overcrowding on the mountain and accusations of long wait times during the
holiday season stating perception of crowding in Vail was misguided and was not factually
based. In fact Howard stated the mountain visitation was down from the 18/19 season. She
stated her door was open for dialog on any concerns the council may have regarding mountain
operations. Howard stated communications across the community would be critical to solving
problems and moving forward.
March 1, 2022 - Page 21 of 59
Town Council Meeting Minutes of February 15, 2022 Page 2
4. Federal Legislation Updates from Congressman Joe Neguse
Neguse talked to council about the American Rescue Plan and infrastructure bill that would
provide direct benefits to cities and towns in Colorado, including improvements on I-70 over Vail
Pass. He stated there would be opportunities for federal and state grants for distribution and he
would be willing to advocate on the town's behalf if needed.
Langmaid asked about receiving funds for wildfire resiliency and wildlife migration corridors on I-
70.
5. Consent Agenda
5.1. Contract with Kaleidoscope Productions for the production of the Spring
activations
Background: Staff published an RFP for spring activations as proposed at the February 1, 2022
meeting. 5 proposals were received and reviewed with Town Staff and Vail Resorts. Staff is
recommending moving forward with the proposal received from Kaleidoscope Productions to
produce a music focused series of activations.
Staff Recommendation: Direct the Town Manager to enter into an agreement on a form
approved by the town attorney with Kaleidoscope in an amount not to exceed $250,000 for the
execution of the spring activation event.
Foley made a motion to authorize the Town Manager to enter into an agreement with
Kaleidoscope in an amount not to exceed $250,000 for the activation event; Staufer seconded
the motion passed (6-0*Davis absent)
6. Town Manager Report
6.1. Council Retreat Recap
Robson provided a brief recap of the Feb 8 council retreat stating the Council 2 year Action Plan
had been discussed along with council’s priorities. Staff would be back to council within the
next few meetings to review the consolidated ideas ad next steps for the next two years.
6.2. Public Health Update
Robson noted the infection rates were on a steep decline and the mask requirement in town
buildings had been rescinded.
7. Presentations / Discussion
7.1. Short Term Rental Study- Part 2
Presenter(s): Alex Jakubiec, Town of Vail Revenue Manager; Andrew Knudtsen, Economic &
Planning Systems Inc; and Chris Cares, RRC & Associates
Action Requested of Council: Please provide feedback to staff regarding the second phase of
short-term rental study.
March 1, 2022 - Page 22 of 59
Town Council Meeting Minutes of February 15, 2022 Page 3
Background: The purpose of this memorandum is to summarize the information gathered by
RRC Associates and Economic & Planning Systems Inc. (EPS) in the second phase of a
comprehensive study of the Vail short-term rental (STR) market and provide an opportunity for
Council to consider current and future regulations of STRs.
Staff Recommendation: Please provide feedback to staff regarding the second phase of short-
term rental study.
Knudtsen and Cares reviewed with council the short-term (STR) rental powerpoint that was in
their packet material. There are 2,454 registered short-term rental units in Vail and 7,359 total
residential units in Vail. Data has been broken into Zone 1 (commercial area) and Zone 2
(neighborhoods). A summary of the percent of short-term rental units by neighborhood; Zone 1
was as high as 51%; and Zone 2, was as high as 20% of units with registrations. In 2021, 410
real estate sales occurred in Vail; 34% or 138 properties were registered as an STR during
2021, either prior to the sale, after the sale, or both.
Summary of Key Data Points Obtained from the STR Study
• 31% of residential parcels were registered as STRs (a total of 2,454 units)
• 18% of units in Zone 2 were registered as an STR in 2021 with new registrations in
Zone 2 occurring at a higher rate since January 2020 than in prior years
• 138 of the 410 properties sold during 2021 were registered as an STR before the sale,
after the sale or both
• Vacant homes and those used for seasonal, recreational, or occasional uses represent
69% of the town’s housing stock according to the ACS; this did not change significantly
between 2010 and 2019
• Saturation of STRs in Zone 2 is significantly lower than the overall rate of 32%. When
adjusted for STRs located in developments with 24/7 onsite management, the saturation
rate is at or below 20% in these areas
Knudtsen stated he didn’t think STRs were driving the market in Vail. Buyers were making
purchase decisions for reasons other than short-term rental income.
Council talked about fee structures to at least cover administrative fees, life-safety home
capacity limits and creating sustainable incentives for long-term rentals consider caps on
licenses.
Knudtsen thanked council for the discussion and stated they would be back on March 15 with
part 3 of the conversation.
8. Action Items
8.1. Resolution No 4, Series of 2022, a Resolution Approving a Development
Agreement for Phase Two Residences at Main Vail between the Town of Vail and Triumph
Development West. LLC
Presenter(s): Greg Hall Director of Public Works, Kathleen Halloran Finance Director Matt Mire
Town Attorney
Action Requested of Council: Approve, amend or deny Resolution No.4, Series 2022 and adjust
the budget pursuant to staff memo.
March 1, 2022 - Page 23 of 59
Town Council Meeting Minutes of February 15, 2022 Page 4
Background: Resolution No. 4, Series of 2022 regarding a development agreement for Phase 2
of the Residences at Main Vail housing project. Phase 2 includes construction of the building
and site improvements for the project as approved. Triumph Development West will develop the
72-unit project for the Town
Staff Recommendation: Approve, amend or deny Resolution No.4, Series 2022 and adjust the
budget pursuant to staff memo.
Hall presented Resolution No. 4, Series of 2022 with council stating the contract was Phase 2 of
Residences at Main Vail development agreement. Hall stated based on today’s afternoon
discussion the contract dollar amount of the agreement would be $25,871,630.
Coggin made a motion to approve Resolution No. 4, Series of 2022 approving a development
agreement for Phase 2 Residences of Main Vail with Triumph Development in an amended
amount of $25,871,630; Foley seconded the motion passed (6-0*Davis absent)
9. Public Hearings
9.1. Ordinance No. 1, Series of 2022 - Second Reading - Zone District Boundary
Amendment allow for the rezoning of a portion of Lot 15, Block 1, Vail Village Filing (826
Forest Road) from Two-Family Primary/Secondary Residential (PS) to Outdoor
Recreation (OR) and to zone a portion of the Forest Road ROW to Two-Family
Primary/Secondary Residential (PS).
Presenter(s): Jonathan Spence, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 1,
Series of 2022, upon second reading.
Background: Zone District Boundary Amendment to address the zoning of parcels contained in
the Forest Road land swap, Ordinance No. 14, Series of 2021.
Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 1, Series
of 2022, upon second reading.
Mire reviewed Ordinance No. 1, Series of 2022 with council stating there had been no changes
since the first reading.
There was no public comment.
Council had no questions.
Foley made a motion to approve Ordinance No. 1, Series of 2022 upon second reading; Coggin
seconded the motion passed (6-0*Davis absent)
There being no further business to come before the council, Foley moved to adjourn the
meeting; Staufer seconded the motion which passed (7-0) and the meeting adjourned at 7:47
p.m.
March 1, 2022 - Page 24 of 59
Town Council Meeting Minutes of February 15, 2022 Page 5
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Tammy Nagel, Town Clerk
March 1, 2022 - Page 25 of 59
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. 5 S eries of 2022, A Resolution Approving a Memorandum of
Understanding between the Town of Vail and the S tate of Colorado E nergy Office Regarding the
E nergy P erformance Contracting P rogram
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. 5, S eries 2022.
B AC K G RO UND: The Town of Vail and the State of Colorado Energy Office wish to enter into a
Memorandum of Understanding to provide the Town with access to the services and support of the
Colorado E nergy Office’s E nergy P erformance Contracting P rogram.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 5,
S eries 2022.
AT TAC H ME N TS:
Description
Resolution No. 5, Series 2022
exhibit A
March 1, 2022 - Page 26 of 59
RESOLUTION NO. 5
Series of 2022
A RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE TOWN OF VAIL AND THE STATE OF COLORADO ENERGY OFFICE
REGARDING THE ENERGY PERFORMANCE CONTRACTING PROGRAM
WHEREAS, the Town and the State of Colorado Energy Office wish to enter into
a Memorandum of Understanding, in the form attached hereto as Exhibit A and
incorporated herein by this reference (the “MOU”), to provide the Town with access to the
services and support of the Colorado Energy Office’s Energy Performance Contracting
Program.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the MOU 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 MOU 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 1st day of March 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
March 1, 2022 - Page 27 of 59
Updated December 2019
MEMORANDUM OF
UNDERSTANDING
between the CEO and FACILITY OWNER
Overview
One hallmark of success in the Colorado Energy Office’s (CEO’s) Energy Performance
Contracting Program (EPC) is the support provided by one of CEO’s EPC project consultants to
each and every EPC project. A CEO EPC project consultant provides coaching and technical
assistance to the Facility Owner every step of the way to ensure that the Colorado Energy
Performance Contracting Program is a successful experience for all.
The EPC Program brochure describes Colorado’s Standards for Success for the relationship
between CEO and its clients and their energy service company. It also outlines the coaching
and technical assistance provided Program participants at no charge throughout the life cycle
of an EPC project. CEO does this to ensure a successful experience through what can be an
involved technical, legal and financial process.
In addition, CEO offers standardized program contracts and processes and a pool of pre-
qualified Energy Service Companies to make EPC projects even more approachable.
To benefit from this package of coaching and technical assistance, please:
1. Have the authorized signer from your state agency or local jurisdiction sign the
following non-binding Memorandum of Understanding;
2. Complete the attached Facility Owner Information sheet; and
3. Return the paperwork to DeLynne Southern, Energy Performance Contracting Program
Technical Specialist at delynne.southern@state.co.us or the address below. Should
you have any questions or concerns, her direct phone number is 303.866.2391.
Best wishes for your venture into energy and cost savings!
1600 Broadway, Suite 1960, Denver CO 80202 P 303.866.2100 F 303.866.2930 www.colorado.gov/energy
March 1, 2022 - Page 28 of 59
Page 1 of 4
MEMORANDUM OF UNDERSTANDING
between the COLORADO ENERGY OFFICE
and [FACILITY OWNER]
THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is entered into by and between the STATE
OF COLORADO (the “State”), acting by and through the Colorado Energy Office (the “CEO”), and
[FACILITY OWNER] (the “Facility Owner”). “Party” means the State, CEO or Facility Owner and “Parties”
means both the State/CEO and the Facility Owner.
RECITALS
WHEREAS, in compliance with the State Procurement Code as set forth in section 24-101-
101, et seq., C.R.S. and any applicable public bidding requirements, the CEO issued a Request for
Proposals (“RFP”) to energy service companies (“ESCOs”) to provide as needed energy performance
contract services for its Energy Performance Contracting Program; and
WHEREAS, as a result of the RFP process, CEO maintains a list of pre-qualified ESCOs that
are eligible for final selection by State agencies and local governments and/or municipalities to provide
energy performance contracting services; and
WHEREAS, the purpose of this MOU is to provide the Facility Owner with access to the services
and support of the CEO’s Energy Performance Contracting (“EPC”) Program; and
WHEREAS, in furtherance of the purpose of this MOU, the CEO is available to assist the Facility
Owner with the development and implementation of EPC projects, as well as to encourage the Facility
Owner to adhere to the guidelines of the EPC Program.
NOW, THEREFORE, for and in consideration of the mutual covenants and the representations and
covenants contained herein, the parties hereto agree as follows:
1. Effective Date of MOU. This MOU shall become effective upon the later date on which the
Director or authorized designee of CEO, or the representative for the Facility Owner has signed it.
2. Term of MOU. The Parties’ respective performances under this MOU shall commence on the
Effective Date and shall expire one year from date of signature or at the end of the term of services
contracted from a pre-qualified ESCO.
3. Responsibilities of the CEO and the EPC Program to Facility Owner. The responsibilities of the CEO
and the EPC Program include, but are not limited to:
a. Upon execution of this MOU, CEO will assign an EPC project consultant to provide advice and
technical assistance throughout the lifecycle of Facility Owner’s project.
b. CEO will provide the Facility Owner with information on the CEO website regarding the pre-
approved, pre-qualified list of ESCOs, which includes links to the ESCOs’ website for further
information;
c. CEO will assist Facility Owner to procure the services of an ESCO from the pre-qualified list of
approved ESCOs;
March 1, 2022 - Page 29 of 59
Page 2 of 4
d. CEO will assist the Facility Owner with technical guidance in order to develop and execute a
Technical Energy Audit and Project Proposal Contract with a pre-qualified ESCO and also support
the Facility Owner with any amendments thereof;
e. CEO will provide technical guidance to the Facility Owner and attend on-site meetings between
the Facility Owner and ESCO, as needed and subject to availability;
f. CEO will assist the Facility Owner to develop and initiate an energy performance contract
project;
g. CEO will monitor project implementation for audits and for energy performance contract
projects;
h. CEO will facilitate the energy performance contract process to ensure commitments are met by
both the ESCO and the Facility Owner;
i. CEO will review Facility Owner’s audits, proposals, calculations, contracts and measurement and
verification reports;
j. As required for school districts and requested by other public agencies, the CEO will complete a
construction walk-through of project facilities prior to the “Notice of Substantial Completion”
documents being finalized;
k. If applicable, CEO will identify possible solutions to mediate any conflicts between the Facility
Owner and the ESCO.
4. Responsibilities of the Facility Owner. The responsibilities of the Facility Owner include:
a. By executing this MOU, Facility Owner agrees to program participation in CEO’s EPC Program
and engage the CEO for assistance in all stages of the EPC Program, including project
development;
b. Using a secondary selection process, Facility Owner agrees to select an ESCO from CEO’s current
pre-qualified list of ESCOs and which meets the requirements of Facility Owner’s procurement
rules, regulations and statutes (if applicable);
c. Facility Owner will provide information as needed for the feasibility study/technical energy audit
and any other project development activities;
d. Facility Owner will review/approve the ESCO’s proposals, designs and reports in a timely
manner;
e. Facility Owner agrees to execute CEO approved contracts with the ESCO;
f. Facility Owner agrees to arrange for project financing, and with the assistance and advice of
legal counsel, execute appropriate financing documents and EPC contract;
g. Facility Owner agrees to provide project management;
h. Facility Owner will endeavor to work with the pre-qualified ESCO to develop and refine project
parameters and any other project development activities;
i. Facility Owner will assign its staff, employees, representatives to the facility project team
including operations, maintenance, financial and upper management personnel;
j. Depending on the subject matter to be discussed, Facility Owner will ensure appropriate
personnel attend project development meetings;
March 1, 2022 - Page 30 of 59
Page 3 of 4
k. Facility Owner will provide access to and escort ESCO, its subcontractors and CEO to buildings
during mutually agreed-upon hours;
l. If Facility Owner is a school district, Facility Owner agrees to allow CEO to complete a
construction walk-through of project facilities prior to the “Notice of Substantial Completion”
documents being finalized;
l. During project reviews and any other reviews, Facility Owner will endeavor to address CEO’s
recommendations;
m. As requested by CEO and as needed, Facility Owner agrees to provide CEO with information
regarding measurement and verification activities.
5. THIS MOU IS NOT INTENDED TO CREATE, NOR WILL THIS MOU BE CONSTRUED OR INTERPRETED AS
CREATING A LEGALLY BINDING AND ENFORCEABLE CONTRACT BETWEEN THE PARTIES. IN THE
EVENT EITHER PARTY FAILS TO FULLY COMPLY WITH THE PROVISIONS OF THIS MOU, THERE
WILL BE NO LEGAL OR EQUITABLE REMEDIES AVAILABLE TO EITHER PARTY. THE SOLE REMEDY
AVAILABLE TO THE PARTIES FOR FAILURE TO FULLY COMPLY WITH THE PROVISIONS O F THIS MOU
IS TO TERMINATE THIS MOU. THE FACILITY OWNER ACKNOWLEDGES AND AGREES THAT CEO’S
SERVICES MAY INCLUDE ADVICE AND RECOMMENDATIONS, BUT ALL DECISIONS IN CONNECTION
WITH THE FACILITY OWNER’S EPC PROJECT SHALL BE THE SOLE RESPONSIBILITY OF THE FACILITY
OWNER, ITS AGENTS AND CONTRACTORS.
6. Signatures. IN WITNESS WHEREOF, the Parties have executed this MOU as of the Effective Date.
STATE OF COLORADO, acting by and through the
COLORADO ENERGY OFFICE
FACILITY OWNER:
Will Toor, CEO Director Date Name:
Title:
Date
___ Yes! I have reviewed this MOU
and accept CEO’s free technical
support for an EPC project.
___ No thank you. I have reviewed
this MOU and decline CEO’s free
technical support for an EPC
project.
EPC Team Representative
Date
March 1, 2022 - Page 31 of 59
Page 4 of 4
FACILITY OWNER INFORMATION
To be completed by facility owner (for CEO use only)
Owner’s representative
Name
Title
Mailing address
Email address
Direct office phone
Cell phone
Project information
Types of facilities to be
assessed for energy savings:
1.
2.
3.
4.
5.
6.
7.
8.
Have you selected an ESCO? Yes.
Name: No
If yes, has procurement
department validated selection? Yes. Not yet.
Please list any immediate needs you have related to your performance contract.
March 1, 2022 - Page 32 of 59
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:
Contract Award with Hallmark I nc. for F ord Park P edestrian Bridge (Nature C enter B ridge)
Rehabilitation
AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Council direct the Town Manger to
enter into a construction contract in a form approved by the Town Attorney with Hallmark I nc in the
amount of $108,000 for the F ord Park Pedestrian B ridge Rehabilitation Project.
B AC K G RO UND: The wood timber deck on the F ord Park Nature Center Bridge has been
damaged by snow removal operations over the years and needs replacement. T he wood timber
deck will be replaced by a steel pan/concrete deck which will better withstand snow removal
operations.
S TAF F RE C O M M E ND AT IO N: Staff recommends that the Council direct the Town Manger to
enter into a construction contract with Hallmark I nc in the amount of $108,000 for the F ord Park
P edestrian Bridge Rehabilitation P roject.
AT TAC H ME N TS:
Description
Memorandum
March 1, 2022 - Page 33 of 59
To: Vail Town Council
From: Department of Public Works
Date: March 1, 2022
Subject: Request to Award Contract – Ford Park Pedestrian Bridge Rehabilitation
I. PURPOSE
The purpose of this item is to request the Town Council to award a construction contract to
Hallmark Inc. in the amount of $108,000 for the rehabilitation of the Ford Park Pedestrian Bridge
(Nature Center Bridge).
II. BACKGROUND
The wood timber deck on the Ford Park Nature Center Bridge has been damaged by snow
removal operations over the years and needs replacement. The wood timber deck will be
replaced by a steel pan/concrete deck which will better withstand snow removal operations. The
project was put out to competitive bid on January 19, 2022 with 3 bidders responding on February
15, 2022. The lowest bid of $108,000 was submitted by Hallmark Inc, Denver, CO and has been
identified as a responsible bid.
III. BUDGET INFORMATION
The funding for the Ford Park Pedestrian Bridge Rehabilitation Project is included in the 2022
Real Estate Transfer Tax, Recreation Path Maintenance Account. The 2022 budgeted amount in
this account is $159K. The $108K expenditure will provide a balance of $51K in the account
which is sufficient to fund other recreation path work anticipated in 2022.
IV. PROJECT SCHEDULE
The contractor has provided a schedule to mobilize construction equipment and begin work on
April 25, 2022 and to complete the work on May 27, 2022. The Nature Center Bridge will be
closed for the duration of the construction period. Ford Park lease holders have been notified
and will make accommodations in their operations.
V. ACTION REQUESTED BY COUNCIL
Staff requests the Council direct the Town Manger to enter into a construction contract in a form
approved by the Town Attorney with Hallmark Inc in the amount of $108,000 for the Ford Park
Pedestrian Bridge Rehabilitation Project.
VI. STAFF RECOMMENDATION
Staff recommends that the Council direct the Town Manger to enter into a construction contract
with Hallmark Inc in the amount of $108,000 for the Ford Park Pedestrian Bridge Rehabilitation
Project.
March 1, 2022 - Page 34 of 59
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: F unding A greement with Resort E ntertainment for W inter 2022 Ambient
E ntertainment
AC T IO N RE Q UE S T E D O F C O UNC I L: Direct the Town Manager to enter into an agreement
with Resort E ntertainment for the ambient entertainment après music program from J anuary 1 –
A pril 24, 2022 in the amount of $60,000 on a form approved by the town attorney.
B AC K G RO UND: B eginning as a response to the challenges presented by the pandemic in
2020, the Town of Vail has been building on its tradition of providing outdoor après music
throughout the villages. Throughout 2020 and 2021 several booking agents and artists were
engaged to provide an enhanced experience in the villages during both winter and summer/fall to
surprise and delight our guests. Guests are treated to après music in both Vail Village and
L ionshead at least three days per week. T he entertainment is designed to create a warm and
welcoming atmosphere and leave a positive impression on our guests, who are spending more
time outdoors.
S TAF F RE C O M M E ND AT IO N: A pprove the contract with Resort Entertainment for the 2022
W inter A mbient Music
AT TAC H ME N TS:
Description
Memo - Winter Ambient Music Contract
March 1, 2022 - Page 35 of 59
To: Mayor and Town Council
From: Economic Development
Date: 3/1/2022
Subject: Funding Agreement for Winter 2022 Winter Ambient Entertainment
Background
Beginning as a response to the challenges presented by the pandemic in 2020, the
Town of Vail has been building on its tradition of providing outdoor après music
throughout the villages. Throughout 2020 and 2021 several booking agents and artists
were engaged to provide an enhanced experience in the villages during both winter and
summer/fall to surprise and delight our guests. Guests are treated to après music in
both Vail Village and Lionshead at least three days per week. The entertainment is
designed to create a warm and welcoming atmosphere and leave a positive impression
on our guests, who are spending more time outdoors.
Booking agents are identified through a Request for Proposal, which was most recently
published for our early season ambient entertainment in November and December. The
season was broken out into two periods to accommodate our accounting policies and
fiscal year. Diane Moudy/Resort Entertainment was selected to provide the services. A
subsequent RFP was published for the remainder of the 2022 winter season (January 1
- April 24) with a budget of $60,000, representing approximately 60 days of outdoor
entertainment with 120 artists. Resort Entertainment, who consistently delivered
entertainment as outlined in the RFP last year, was again selected to continue the
programming through the remainder of the 2021/2022 winter season.
Diane Moudy/Resort Entertainment has been a great partner with the Town and has
been responsive and proactive to changing conditions, adjusting the schedule of the
artists and entertainment as requested, including to accommodate the new spring music
activation and entertainment program. Resort Entertainment and Kaleidoscope
Productions will be working together to seamlessly connect and provide a
complementary experience between the two programs.
Budget
For the 2022 Fiscal Year, $250,000 was allocated for ambient music entertainment and
programming. Approximately $100,000 is budgeted for the ski season period, $60,000 for
March 1, 2022 - Page 36 of 59
Town of Vail Page 2
January through April and $40,000 for November and December, and $150,000 for the summer
and fall periods. RFP’s will be published for the summer period separately.
Action Requested of Council
Direct the Town Manager to enter into an agreement with Resort Entertainment for the
ambient entertainment après music program from January 1 – April 24, 2022 in the
amount of $60,000 on a form approved by the town attorney.
March 1, 2022 - Page 37 of 59
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: L oading and Delivery Program Update
March 1, 2022 - Page 38 of 59
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: Peer Resort Exchange Visit (S t. Moritz Switzerland and St. Anton Austria)
March 1, 2022 - Page 39 of 59
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: Presentation on Kayak Crossing Deed Restriction Opportunity
P RE S E NT E R(S ): George Ruther, Housing Director and Gerry Flynn, P olar S tar P roperties
AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation and provide instruction on
whether to continue to pursue an opportunity to acquire a deed restriction interest in the Kayak
Crossing Apartments, located at 41900 US Hwy 6 and 24, E agle-Vail, Colorado.
B AC K G RO UND: The Town of Vail Housing Department and Vail L ocal Housing Authority were
approached by Eagle-Bend/Dowd A ffordable Housing Corporation, the ownership entity of the
K ayak Crossing A partments, regarding an opportunity to acquire deed restrictions on the property
in furtherance of its adopted housing goal. I n summary, the Board was offering the sale of deed
restrictions to the Town of Vail at the Kayak Crossing Apartments to fund a capital improvements
project and refinancing opportunity which ensures the long-term availability of deed-restricted
homes on the site.
S TAF F RE C O M M E ND AT IO N:
AT TAC H ME N TS:
Description
Memorandum
Attachment A
March 1, 2022 - Page 40 of 59
To: Vail Town Council
From: George Ruther, Housing Director
Date: March 1, 2022
Subject: Town of Vail Opportunity to Acquire Deed Restrictions at Kayak Crossing Apartments
1. SUMMARY
The purpose of this memorandum is to request instruction from the Vail Town Council on whether
to pursue an opportunity to acquire a deed restriction interest in the Kayak Crossing Apartments,
located at 41900 US Hwy 6 and 24, Eagle-Vail, Colorado.
There are three potential approaches to acquire the deed-restricted interest. The approaches
include:
1). acquire a deed-restricted interest,
2). acquire a deed-restricted interest and a co-municipal sponsor interest in partnership with
the Town of Avon, or
3). acquire a deed-restricted interest as the fee title owner of the Kayak Crossing
Apartments.
Each of these options maintains its own set of trade-offs for consideration which are further
highlighted in Section 5 of this memorandum below.
Uniquely, each of the three options above furthers the 2018-2020 Vail Town Council Action
Plan, advances the Town’s adopted housing goal, and aligns with the 2018 Town of Vail
Housing Policy Statements of
1). using public/private partnerships to achieve the housing goal,
2). actively pursuing local and regional solutions to increase the supply of deed- restricted
homes, and
3). uses the Town’s financial strength and acumen to acquire deed restrictions.
2. BACKGROUND
The Town of Vail Housing Department and Vail Local Housing Authority were approached by
Eagle-Bend/Dowd Affordable Housing Corporation, the ownership entity of the Kayak Crossing
Apartments, regarding an opportunity to acquire deed restrictions on the property in furtherance
of its adopted housing goal. In summary, the Board was offering the sale of deed restrictions to
the Town of Vail at the Kayak Crossing Apartments to fund a capital improvements project and
March 1, 2022 - Page 41 of 59
Town of Vail Page 2
refinancing opportunity which ensures the long-term availability of deed-restricted homes on the
site. The Board is seeking to fill a $2.5M to $3M gap in funding to complete this project. The
scope of work of the project is highlighted in Section 3 below.
The following is summary of information relating to the Kayak Crossing Apartments:
• Address: 41900 US Hwy 6 & 24/Tract A, Cliffside Village Condominiums
• Lot Size: 229,126 sq. ft./5.26 acres
• Zoning: Residential Multiple Family
• Year Built: 1998
• # of Structures: 4 structures
• # of Apartments: 50 apartments
• Apartment sizes: 828 sq. ft. to 1,271 sq. ft.
• Number of Beds: 185 beds
• Number of Parking Spaces: +/- 110 spaces w/overflow
• Monthly Rental Rates: $1,590 to $2,130 (utilities incl.)
• 12-month leases only, security deposit required, no pets, no smoking
• Professionally managed by Polar Star Properties, Inc.
• Five-member board oversees management and operations
A detailed financial analysis has been included (Attachment A), which outlines the debt history
and performance of Kayak Crossing leading to concerns about financial risks of a future
ownership opportunity. The following is a summary of the current financial structure of Kayak
Crossing as of December, 2021:
• Ownership of the Fee Title: EagleBend/Dowd Affordable Housing Corporation
• Ownership of the Improvements: EagleBend/Dowd Affordable Housing Corporation
• Financing: Bond Financing with municipal sponsorship through Town of Avon
• Primary Debt/Rate: $7.6M w/First Bank @ 3.5%; Loan Pay-Off due December, 2024
• Secondary Debt/Rate: $1.6M w/private equity @ 8%
• Promissory Note: $430K w/ Eagle Bend Affordable Housing Corporation @ 0%
• Annual Debt Service: $538,000 to First Bank
$128,000 to private equity
• Annual Town of Avon sponsorship fee: $15,000
• Current Capital Maintenance Fund Balance: $500K
• Town of Avon maintains a right to approve refinancing
3. SUMMARY OF CAPITAL IMPROVEMENTS PROJECT
EagleBend/Dowd Affordable Housing Corporation is seeking a public/private partnership to
collaborate on the redevelopment of the Kayak Crossing Apartments. The objective of the
redevelopment is to substantially improve and upgrade the 20-plus year-old residential
apartments through a $4.5M -$5M capital improvements project and refinancing initiative, thus
extending the life cycle of the apartments, maintaining the rental affordability, and increasing the
financial performance of the development. Capital improvements are expected to include:
• New high efficiency windows, 20-year siding, and doors
• New exterior insulation and building wrap
• New asphalt shingle roofs
• Upgraded mechanical heating and domestic hot water systems
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Town of Vail Page 3
• New energy-star rated appliances
• New cabinets and counter tops
• Private roadway and parking lot repairs and maintenance
• Added pedestrian access and safety improvements to the regional transit stop
Patriacca Construction, Inc. has been retained to advise the Board on the capital improvements
project and provide pre-construction services (scope, budget, schedule). The capital
improvements are scheduled to begin in the summer of 2022, pending the availability of funding
and supply chain conditions. Currently, long lead times are driving the schedule and cashflow
model for the improvements project.
4. ROLE OF THE TOWN OF AVON
The Town of Avon maintains a non-obligatory ownership interest in the Kayak Crossing
Apartment development as the municipal sponsor of the tax-exempt municipal bonds used to
finance the original development. As the municipal sponsor, the Town of Avon retains certain
sponsor rights under the terms of the project documents. Most notably, the Town of Avon:
1) shall collect an annual $15,000 sponsorship fee,
2) shall maintain the right to approve any refinancing request,
3) shall have the right to pay off the debt at any time and take immediate possession and
ownership of the improvements, and
4) shall automatically take ownership of the improvements when the debt is paid in full.
Pursuant to the project documents, the Town of Avon has no repayment obligation in the event
the owner experiences financial distress or foreclosure. This circumstance places the long -term
use of the property for affordable housing in jeopardy. According to Town of Avon officials,
Avon is presently not in the position to financially partner in this current capital improvements
project.
The Town of Avon is fully aware of the Town of Vail’s interest in potentially acquiring a deed-
restricted interest in the property. The Town’s Housing Department and the Vail Local Housing
Authority have engaged in ongoing discussions with the Town of Avon and the current
ownership group to become better informed about the opportunity
5. THREE APPROACHES TO ACQUIRE A DEED-RESTRICTED INTEREST
There are three approaches for the Vail Town Council to consider if there is an interest in
acquiring a deed-restricted interest in the Kayak Crossing Apartments. Those approaches and
possible trade-offs for consideration include:
1). Acquire a deed-restricted interest
This approach to acquisition is similar to the Solar Vail Apartments deed restriction acquisition.
A purchase/sale agreement would be executed between the parties which effectively transfers a
$2.5M to $3M ownership interest in deed restrictions at Kayak Crossing Apartments to the Town
of Vail upon the completion of the scope of work for the capital improvements project and
recording of the deed restrictions with the Eagle County Clerk & Recorder’s Office by the
EagleBend/Dowd Affordable Housing Corporation. The final purchase price per deed restriction
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Town of Vail Page 4
and terms of the deed restrictions needs to be negotiated and mutually accepted. But for the
terms of the deed restrictions, no other interests or rights to the property shall transfer.
This approach has proven beneficial at Solar Vail, is familiar and easy to contract, and achieves
the Town’s adopted housing goal. It grants the Town of Vail the least amount of control of the
three approaches and has the least amount of potential risk associated. The Town of Vail would
not have any fee title interest in the property.
2). Acquire a deed-restricted interest and a co-municipal sponsor interest in partnership with
the Town of Avon
This approach provides greater potential value to the Town of Vail. In sum, the Town of Vail
and the Town of Avon would partner to form the Kayak Crossing Regional Housing Authority.
This new regional housing authority would be specific to the Kayak Crossing Apartments.
Through the formulation of this new authority, the parties would become co-municipal sponsors
of the development and share a 50/50 interest in the sponsors’ rights granted by the project
documents. New project documents would be drafted to articulate the roles and responsibilities
of the parties, including the process and conditions by which the parties may exercise the co-
sponsor rights, either jointly or separately. For instance, the ability off the debt and take
possession of the property. The cost of this approach is $2.5M to $3M.
This approach advances the Town’s adopted housing goal, creates added value for the Town,
has very little to no risk associated, informs the process and policies by which the Town of Vail
will participate in other future housing opportunities with our down valley partners, and gives the
Town representation on the EagleBend/Dowd Affordable Housing Corporation Board. Further,
this approach grants greater control over the operations and management of the apartments;
yet creates no financial obligation beyond the deed restriction investment. This approach
creates an obligation for the two municipalities to collaborate in partnership on what may be
differing housing objectives and policies.
3). Acquire a deed-restricted interest as the fee title owner of the Kayak Crossing
Apartments.
This approach has the Town of Vail stepping into the current position of the Town of Avon,
without a partner, and exercising its right to pay off the debt and take fee title ownership of the
Kayak Crossing Apartments. The estimated cost in doing so is $14.5M to $15M, plus any
residual value sought by the Town of Avon. The existing debt would be refinanced using
municipal financing products (i.e. CoP, etc.). This approach grants the Town of Vail the greatest
control over the future use, operations, and management of the property, but comes with the
greatest associated risk.
This approach would need to be further vetted and negotiated with the Town of Avon and
aligned with the proposed capital improvements project schedule.
6. RECOMMENDATIONS
No formal action is being requested at this time. Instead, the Housing Department is seeking
instruction from the Vail Town Council on whether additional staff time should be invested in the
deed restriction acquisition opportunity. If so, the next steps of due diligence will be completed
and further negotiations with the Town of Avon will occur. To date, the discussions have gone
as far as necessary to understand the opportunity and to make this determination. The
EagleBend/Dowd Affordable Housing Corporation and the Town of Avon need to understand
how to proceed with the capital improvements project, with or without the Town of Vail’s
participation.
March 1, 2022 - Page 44 of 59
Town of Vail Page 5
The Vail Town Council, on behalf of the Town of Vail, may choose to consider this deed
restriction acquisition opportunity for the following reasons:
• Permanently protect Kayak Crossing Apartment as deed-restricted housing for year-
round and seasonal residents.
• Currently, approximately 60% - 65% of the tenants in Kayak Crossing are employed at
businesses in Vail.
• The acquisition of deed restrictions is more cost effective and efficient through purchase
than through development.
• The Kayak Crossing Apartments are immediately adjacent to the Town of Vail municipal
boundary and easily accessed by regional transit.
• The acquisition of the deed restrictions and community benefits realized could be
immediately.
• The property could be considered for future annexation into the Town of Vail.
• Down valley housing solutions are supported within the Vail community.
• Currently, property management and operations are the obligation of others.
• The Town’s adopted Housing Policy Statements encourage regional collaboration and
public/private partnerships.
• Funding creates deed restrictions.
March 1, 2022 - Page 45 of 59
Attachment A: Kayak Crossing Financial Analysis 2/21/22
As Town Council considers a 50/50 partnership with the Town of Avon in a new regional housing
authority, the financial analysis shown below offers important information about the financial history
and performance of the Kayak property. There are some concerns regarding financial stability and
performance of Kayak Crossing and whether its performance is sustainable in its current structure.
There is considerable financial risk for both Vail and Avon which will require substantial funding
assistance in sustaining the housing project moving forward into future years. Currently there is not
enough annual rental income to effectively pay down the debt over time. Interest expense and future
capital project needs pose a major financial burden to the project as well.
Please see below the summary of Kayak Crossing’s financial picture:
• Net income on the project averages $40,000 per year after debt service payments.
• Nominal payments are made each year on the principal balance of debt (avg. $250K) which
has not effectively reduced total debt from original construction 23 years ago.
• Interest expense however is significant, at over $400K each year (including the $128K to PSP
mentioned below).
• In 1998 at the time of original construction, Polar Star Properties loaned Eagle Bend Dowd
Housing Authority $1.6M, at 8% interest rate. Annual interest paid is $128,000. This debt has
not been paid off during earlier re-financings, however is identified as an item to be paid off
with the proposed 2022 re-financing.
• Each re-financing has been structured with low annual premium payments and a large balloon
payment in the future. Prior to the balloon payment coming due, the debt has been refinanced
using another balloon payment in later years. The result is that the debt has not been paid
down, causing a major concern over the future ability to cover the 24-year-old debt. For
example: The original debt in 1998 was a total of $12.2M; the current balance is $9.2M; only a
$3.0 million reduction in total debt in the last 23 years.
• Another reason for the large balance of debt is that larger capital maintenance projects have
been mainly funded from the issuance of more debt rather than by adequate capital reserves.
• Adding another $3.0M in new debt for capital improvements in 2022, while necessary to
extend the life of the buildings, only creates a more challenging the financial outlook.
• Please see below chart for debt history:
Year Principal Int Rate Comments
1998 $10.6M
+$1.6M
Not reported
8.0%
Original debt to construct buildings ($10.6M First
Bank and $1.6M PSP)
2003 $9.52M 4.89% Balloon payment
2013 $8.40M 3.10% Balloon payment
2014 $8.85M 3.50% Balloon payment due 12/24
March 1, 2022 - Page 46 of 59
- 2 -
2022 $12.7M TBD To pay off current debt held at First Bank ($7.6M),
Polar Star ($1.6M) and $430K in notes payable
(see below) plus new debt of $3.0M for capital
improvements
• Other Notes Payable ($430,000):
- 2003 $300,000 outstanding owed to Eagle Bend Affordable Housing Corp (EAHC). EAHC
originally advanced $571,572 under an Operating Deficit Agreement and forgave
$271,572. The remaining $300,000 has no specified terms of repayment.
- 2011 $50K from EAHC for repairs. 6% interest; Due December 2024. Accrued interest as
of 12/31/20 is $36,930.
- 2012 $80K from EAHC to provide funding for debt service payments. 6% interest.
Accrued interest as of 12/31/2020 is $51,993.
• Asset book value as of year-end 2021 is $5.4M compared to debt of $9.9M. This comparison
is based on audited financial statements; Another analysis of value to debt will be available
soon, pending a market value appraisal of the property.
• The debt-to-equity ratio is 1.8 indicating much higher debt than assets. A financially healthy
ratio would be less than 1.0. In addition, the audited financial statements for Kayak Crossing
reports negative net assets (or net worth) of $(3.9) M. In the financial industry this
organization would be labeled as “insolvent”.
As mentioned above, there will be a market-value appraisal coming soon, which will add new financial
information for Council’s consideration. A positive market appraisal would certainly improve the
financial risk outlook; however, it will not alter the significant amount of debt held by the entity on a 23-
year-old building or challenges seen with costs related to day-to-day operations such as making debt
service payments and maintaining adequate capital reserves.
March 1, 2022 - Page 47 of 59
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: Parking and Transportation Task F orce Make up Discussion
P RE S E NT E R(S ): Greg Hall Director of Public Works A nd Transportation
AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests Town Council provide direction
regarding the Task F orce member make up and areas of focus.
B AC K G RO UND: The purpose of this item is to provide information on the P arking and
Transportation Task F orce current make up and previous council direction regarding goals,
objectives and guidelines, discuss with the Town Council options for possible revisions with
additional focus on mobility and receive Town Council direction regarding the Task Force
members.
S TAF F RE C O M M E ND AT IO N: Staff recommends to modify the current Task Force member
make up and areas of focus as recommended in the staff memo.
AT TAC H ME N TS:
Description
Staff Memo
Parking Goals Objectives and guidelines
Parking Task Force partial meeting recommendations
March 1, 2022 - Page 48 of 59
To: Vail Town Council
From: Public Works Department, Town Managers Office
Date: March 1, 2022
Subject: Parking and Transportation Task Force Make up Discussion
I. PURPOSE
The purpose of this item is to:
Provide information on the Parking and Transportation Task Force current make
up and previous council direction regarding goals, objectives and guidelines.
Discuss with the Town Council options for possible revisions with additional focus
on mobility
Receive Town Council direction regarding the Task Force member make up and
areas of focus
II. BACKGROUND
The Parking & Transportation Task Force was formed in 1999 in an advisory capacity
and has been enacted through the years at the direction of the Vail Town Council. The
role of the 13-member group is to provide advisory input and recommendations on
parking, transit and traffic operations. The members were selected by the Mayor after
public solicitation. The last make-up of the task force was:
--2 representatives from the restaurant community
--2 representatives from the retail community
--1 representative from the lodging community
--1 representative from Vail Health
--3 representatives from the community at-large
--2 representatives from Vail Resorts, one being the COO of Vail Mountain.
--2 Vail Town Council members
Vail health was added during the construction of the Vail Health campus. The
community at large representation has varied over the years from 1 to 3 members.
The task force is supported by many of the town departments, outside agencies and
consultants to assist with technical expertise. Town staff and outside agencies do not
participate in formalizing task force recommendations.
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Town of Vail Page 2
In the past, the group has provided recommendations to the town council after input
was solicited on both winter and summer operations. A minimum of three meetings
were typically held. All meetings were open to the public.
The Parking Task Force operates under the Town Council adopted Goals, Objectives
and Guidelines as attached. The Town Council have not discussed recently in detail the
goals and objectives, and there are areas where amendments need to be made to
further reflect the year-round activity associated with parking and mobility. The adopted
greenhouse gas emission reduction goals need to be integrated into the parking goals.
As well as embracing technological and innovations regarding the everchanging mobility
environment as part of our strategies. Regarding the guidelines, the Task Force has
listed additional areas of focus which evolve over time with additional mobility choices
and continue to be updated. An example of the Task Force report out to the council last
year is attached as well as a brief excerpt from the last Task Force meeting regarding
looking toward the future of mobility.
III. DISCUSSION OF PARKING AND TRANSPORTATION TASK FORCE
Various members of Council on different occasions have expressed a need to have the
task force focus beyond parking and transit operations each winter and summer season
but focus more as a Mobility Task Force with goals which go beyond seasonal parking
operations.
Proper parking management balanced with appropriate alternative modes of
transportation requires components to address all four of the Town of Vail’s Areas of
Focus. Plan components generate community interest and influences. A comprehensive
mobility plan must thoughtfully consider and balance goals in each of the Community,
Economic, Sustainability, and Experience Focus Areas in its design and
implementation.
It is important for the Town Council to review and update the Parking Goals, Objectives
and Guidelines in addition to have the task force embrace new opportunities in the
future. A slightly modified Task Force membership, with an addition of a representation
from the sustainability community is more appropriate for the Task Force make up. The
benefit of this group make up is to have the task force perform a detailed dive into the
parking operations, review the data, and discuss amongst competing interests in
balancing the parking operations and transit operations and other mobility
enhancements in meeting goals adopted by the Town Council. The ability to discuss
how the town may be able to fund a portion of other mobility enhancements through
parking revenues is available. The task force or some type of assessment with Vail
Resorts participation starting at the top of the corporate management in Vail is
imperative to maintaining and developing buy in to the parking management as well as
meeting in a de facto way the requirements of addressing peak period review and
management of the Town of Vail/Vail Resorts Management of Peak Periods Agreement.
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Town of Vail Page 3
There are additional community mobility issues which can and should be addressed,
related to bike and pedestrian safety, village congestion and neighborhood traffic
issues. The make of an oversight group focusing on these issues is important but
requires less focus of business and resort issues and more focus on the community at
large and the specific mode advocates. The work of the Master Transportation/Mobility
plan will begin to frame some of the issues in greater detail, but a group formed to
provide further specific guidance and input of the issues raised in the neighborhoods
and community at large could assist the efforts of town staff. Staff recommends this
greater community group be formed during the Master Transportation/Mobility plan.
In reviewing the Task Force make up, staff would recommend a change in the name to
Parking and Mobility Task Force. The modified parking and mobility task force is
recommended to include the following:
--2 representatives from the restaurant community preferably one from both Vail Village
and Lionshead
--2 representatives from the retail community preferably one from both Vail Village and
Lionshead
--1 representative from the lodging community
--1 representative from the community at-large
--1 to 2 representatives from the sustainable transportation community which could be
selected or solicited.
--2 representatives from Vail Resorts, one being the COO of Vail Mountain.
--2 Vail Town Council members
If there is not full interest for representative from the restaurant and retail community the
mayor may appoint additional community at large members if desired.
In addition, staff recommends the Town Council review and provide direction on the
Town’s Parking Goals, Objectives, and work with the Parking and Mobility Task Force
on further refinements of the guidelines during a future Town Council meeting topic.
The following topics should be reviewed and discussed and include the integration of
Transportation as a Service providers, Micro Mobility solutions, embrace technology
regarding customer interface as well as mobility choices, set policies which encourage
visiting, working, recreating and living in Vail car free, as parking pass options are
developed and priced the focus should be more on a pay as you go verses pay once for
unlimited use, embrace the greenhouse gas goal reductions and provide solutions
which support the Town meeting the goals regarding transportation.
IV. NEXT STEPS
Once the make-up of the Task Force is agreed upon by the town council, as well as the
initial focus of the group, staff will prepare a brief explanation of the repurposed group’s
function and directed member make up. A solicitation of interested business and
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Town of Vail Page 4
community members will be undertaken. In any scenario, written operating protocols will
be established and administratively adopted regarding the task force.
V. ACTION REQUESTED
Staff requests Town Council input and direction on the following items.
Provide input on the Parking and Transportation Task Force current make up and
any initial council direction regarding goals, objectives and guidelines
Discuss with the Town Council options for possible revisions with additional focus
on mobility and sustainability
Town Council provide direction regarding the Task Force member make up and
areas of focus
VI. STAFF RECOMMENDATION
Staff recommends:
Discuss with the Town Council options for possible revisions with additional focus
on mobility
Modify the current Task Force member make up and areas of focus as
recommended
Schedule a future meeting with the Town Council to discuss the Parking Goals,
Objectives and Guidelines
VII. ATTACHMENTS
a. Town of Vail Parking Goals, Objectives and Guidelines
b. Example from Winter 2021-2022 Parking Task Force council report out
March 1, 2022 - Page 52 of 59
Town of Vail Parking Goals, Objectives and Guidelines
Goals
Provide and manage public parking to meet the goals of 15 days of overflow
parking on the S Frontage Road for each season, winter and summer
Provide sufficient close in parking spaces on all but peak
overflow days for our guests, who drive our economic engine
Objectives
Parking Plan Policy Objectives
Service Core Markets
Skiers, shoppers, employees
Manage the Yield
Simplify the Product
Design Products so it is Revenue Neutral
Increase Safety
Guidelines
In addition the Parking and Transportation Task Force works with the
following guidelines
o Strongly encourage the use of transit
o Recover transit enhancement costs through parking
o Parking cost increases will be borne by parking
o Encourage turnover of shorter term parking spaces
o Raise the top rate to offset continued increased cost of operation
o Encourage carpooling/vanpool
o Pass prices reflect a relative value received based on the daily rate (i.e.
season cost is based on 21 weeks at 5 times per week at daily rate)
o Strictly enforce parking violations
March 1, 2022 - Page 53 of 59
Winter 2021‐2022 objectives and recommendations
Require construction projects to have an employee transportation and parking plan
Continue to work with ECO Transit to support service. Continue to work on the eventual
formation of a Regional Transit Authority in the coming year
Develop a marketing and messaging plan with an emphasis around the following to
reach 15‐day overflow goal:
o Walking
o Don’t rent a car
o Environmental effects of driving
o Healthy lifestyles
o Reduce congestion
o Work from home, and stay in Vail to attend on‐line classes or zoom meetings
verses driving during peak commuter patterns on I‐70
o Promote enhanced Bustang and new Pegasus services
o Promote transit use
o Ridesharing (Uber, Lyft)
o Carpooling and carpooling aps Treadshare and Gondola
o Employee van pools
o Biking
o Continue to investigate first and last mile solutions
Reduce the overnight storage of cars, and overnight use by visitors form properties with
parking of their own
This excerpt was from the last Parking and Transportation Task Force meeting.
There was a brief discussion looking to the future as the replacement of the current parking
system in 2022. There is an opportunity to create a paradigm shift in how the town manages
parking and consider a more holistic approach to mobility. There will be more Parking and
Transportation Task Force meetings to further evaluate opportunities, discuss the concepts of
mobility management and refine programs moving forward. The adoption of the Regional
Transit Authority memorandum of understanding was seen as a very positive step by the
Parking and Transportation Task Force as a regional transit system which greatly enhances the
mobility service for the county allows for greater opportunities to holistically work on parking,
greenhouse gas reduction and mobility issues. Proper parking management balanced with
appropriate alternative modes of transportation requires all components of the Town’s Vision
and four Areas of focus to be thoughtfully considered: Community, Economic, Sustainability,
and Experience.
March 1, 2022 - Page 54 of 59
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: Contract Award with I con I nc for the installation of the Booth L ake Trailhead
restroom facility
P RE S E NT E R(S ): Greg Barrie, S enior L andscape A rchitect
AC T IO N RE Q UE S T E D O F C O UNC I L:
1. E xpress support for adding $61,000 to the existing restroom budget during the upcoming
budget supplemental process on March 15. Formal action will occur during that process.
2. A uthorize the Town Manager to enter a contract with I con, I nc in an amount not to exceed
$177,505 to perf orm the site work required to install a prefabricated restroom facility for the
B ooth L ake Trailhead.
B AC K G RO UND: The Booth L ake Trail is one of the busiest trailheads in the area with
approximately 40,000 users each year. Given the popularity, the trailhead’s location in a residential
neighborhood, and the difficulty of providing clean portable toilet facilities throughout the summer,
installation of a toilet facility connected to domestic water/sewer is warranted in this location.
S TAF F RE C O M M E ND AT IO N:
S taff recommends moving forward with Option A – constructing the restroom facility as designed at
a total project cost of $466,00.
Moving forward with Option A requires two actions:
1. S upplement the existing restroom budget by adding $61,000 during the upcoming Budget
S upplemental process beginning on March 15.
2. A uthorize the Town Manager to enter a contract with I con, I nc in an amount not to exceed
$177,505 to perf orm the site work required to install a prefabricated restroom facility f or the
B ooth L ake Trailhead.
AT TAC H ME N TS:
Description
Memorandum
March 1, 2022 - Page 55 of 59
To: Vail Town Council
From: Department of Public Works
Date: March 1, 2022
Subject: Booth Lake Trailhead Restroom Contract Award
I. PURPOSE
The purpose of this agenda item is to request approval from the Town Council to award
the construction contract for sitework required to install a restroom facility at the Booth
Lake Trailhead. Approval of the contract in its current design will require a budget
increase from $405,000 to $466,000. See Section V for Project Options.
II. BACKGROUND
In December of 2021, the Town Council approved a contract to begin fabrication of a
restroom facility for the busy Booth Lake Trailhead. The building will be constructed by
Green Flush Restrooms in Oregon and shipped to Vail. To date, the building is still in the
design phase, and can be canceled or postponed if the Council desires.
As noted in December, the facility is 10’x 18’ in size with two unisex restrooms and a
mechanical closet. Each side includes a sink, toilet, urinal and hand-dryer and the
building includes a heater for shoulder-season use, water heater to meet code, and a
water bottle filler on the exterior.
Site work, which includes utility connections, excavations and grading work, asphalt and
concrete paving, installation of a bike rack and some landscaping/irrigation work, is
required to complete the project.
III. EAGLE RIVER WATER AND SANITATION DISTRICT IMPACT FEES
Impact Fees, also known as “tap fees”, are collected by the Eagle River Water and
Sanitation District to connect new water and sewer services. The fees are based on
water meter size - the larger the meter, the higher the fees.
This restroom facility, like other Town of Vail park restrooms, will be open on a seasonal
basis, typically May 1 to November 1. Eagle River Water and Sanitation District has
agreed to provide a 50% reduction on the Impact Fees because the facility is only open
part of the year. The Impact Fee for a 1-½” commercial meter is $127,358 for 2022,
however the 50% reduction translates to a savings of $63,679 for the project.
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This restroom is currently designed with a toilet, urinal and sink in each of the two sides.
The specified toilet and urinal use a “flush valve” instead of a tank. Flush valves are
typical of public restrooms because they provide a strong surge of water to ensure
cleaning. They don’t necessarily use more water, they just require the water all at one
time, which necessitates a larger water meter and water supply line. There is an option
to reduce the meter from 1 ½” to 1” by installing tank toilets and waterless urinals instead
of using flush valves. The meter size reduction would save approximately $41,000. The
tradeoff is potentially more clogging, additional janitorial time to ensure the toilet is clean
and more maintenance time for a waterless urinal (cartridge changes). This change is
outlined in Option B under Project Options.
IV. BIDDING PROCESS
The town only received one bid for this project. It was submitted by Icon, Inc in the
amount of $177,505. Given the high cost of construction and ongoing fuel and materials
increases, this appears to be a reasonable bid. Labor concerns and significant workload
were the reasons given by several contractor for not submitting bids.
V. BUDGET INFORMATION
As previously noted, the project budget is currently $405,000 for the purchase of the
restroom structure and necessary site work. Below is the proposed budget for the
restroom based on finalized costs:
Item Dec 2021 March 2022 Explanation
Design Documents $ 20,000 $ 27,000 added geotechnical and electrical
engineering, plus meter sizing
Restroom Building $ 166,000 $ 171,316 added flush valves, improved hand
dryers, etc
ERWSD Impact Fees $ 53,000 $ 63,679 see Section III, ERWSD
Site Work $ 144,000 $ 177,505 Estimate vs submitted bid
Contingency (15%) $ 22,000 $ 26,500
Project Totals $ 405,000 $ 466,000
VI. PROJECT OPTIONS
Option A
Proceed with the project as designed and increase the project budget by $ 61,000 for a
total budget of $ 466,000. The cost is clearly higher than originally anticipated. However,
given the popularity of the Booth Lake Trail (nearly 40,000 users each year), the
trailhead’s location in a residential neighborhood, and the difficulty of providing clean
portable toilet facilities throughout the summer, considering a quality toilet facility
connected to domestic water/sewer is warranted in this location.
Option B
Proceed with the project, incorporating the following changes: install tank toilets and
waterless urinals, reducing the required water meter from 1 ½” to 1” at a project savings
of approximately $41,000.
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Option C
Cancel or postpone the permanent restroom project. Increase the number of portable
toilet units at the trailhead from three to five to ensure adequate capacity. Install an
attractive screen around the toilet units. The cost for five portable units is approximately
$5,600 for 6 months.
Canceling fabrication of the restroom building will result in the forfeiture of approximately
$16,000 for design costs already incurred by the restroom manufacturer. However, the
Town would “own” the plans if there was a desire to proceed with the project in the future.
VII. SCHEDULE
Subject to contract approval, the fabrication and installation schedule is as follows:
Should Council choose to proceed…
• Restroom fabrication off-site April-May 2022
• Site work can begin April 30
• Restroom delivery early June
• Complete site work June 30
• Restroom Open July 1
On-time delivery of the restroom is critical for meeting this schedule.
VIII. STAFF RECOMMENDATION
Staff recommends moving forward with Option A – constructing the restroom facility as
designed at a total project cost of $466,00. While Option B (tank toilets) may save
$41,000, the reduced quality will likely increase cleaning/maintenance costs. All other
Town of Vail public restrooms use flush valves. Option C is cost effective but ongoing
cleanliness/odor is a concern.
Moving forward with Option A requires two actions:
1. Supplement the existing restroom budget by adding $61,000 during the upcoming
Budget Supplemental process beginning on March 15.
2. Authorize the Town Manager to enter a contract with Icon, Inc in an amount not to
exceed $177,505 to perform the site work required to install a prefabricated restroom
facility for the Booth Lake Trailhead.
IX. ACTION REQUESTED BY COUNCIL
1. Express support for adding $61,000 to the existing restroom budget during the
upcoming budget supplemental process on March 15. Formal action will occur during
that process.
2. Authorize the Town Manager to enter a contract with Icon, Inc in an amount not to
exceed $177,505 to perform the site work required to install a prefabricated restroom
facility for the Booth Lake Trailhead.
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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: Adjournment 8:15 pm (estimate)
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