HomeMy WebLinkAbout2022-04-05 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E TIN G
Evening Agenda
Town Council C hambers and Virtual on Zoom
6:00 PM, April 5, 2022
Meeting to be held in C ouncil Chambers and Virtually on
Zoom (access H igh Five Access Media livestream day of the
meeting)
Notes:
Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community conc ern, and any items that are not on the agenda. Please
attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1.Citizen Participation (10 min.)
2.Any action as a result of executive session
3.Proclamations
3.1.Proclamation No. 3, Series of 2022, Recognizing National Library Week
2022 “Connect with Your Library”
5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Approve Proclamation No. 3, Series 2022.
Background: First sponsored in 1958, National Library W eek is a national
observance sponsored by the American Library Association (A LA) and
libraries across the country each April. I t is a time to celebrate the
contributions of our nation's libraries and librarians and to promote library
use and support. All types of libraries (school, public, academic and
special) participate. http://www.ala.org/conferencesevents/node/6/
4.Appointments for Boards and Commissions
4.1.Appoint a Member to the Building and Fire Codes Appeals Board (B&FC A)5 min.
Presenter(s): Kim Langmaid, Mayor
Action Requested of Council: Motion to appoint one person to serve as a
member on the Building & Fire Code Appeals Board for a term ending
March 31, 2026.
5.Consent Agenda (5 min.)
5.1.Resolution No. 8, Series of 2022, A Resolution Approving an
I ntergovernmental Agreement Between the Town of Vail and Eagle County
Concerning W ildland Fire Mitigation Program
April 5, 2022 - Page 1 of 284
Action Requested of Council: Approve Resolution No. 8, Series 2022.
Background: Under this I GA, Eagle County will provide funding to the Town
of Vail for W ildfire Mitigation to include: curbside chipping, fuels reduction
in the I ntermountain Forest Health Project and direct aid to homeowners in
the unincorporated portion of W est Vail.
Staff Recommendation: Approve Resolution No. 8, Series 2022.
5.2.Resolution No. 10, Series of 2022, A Resolution Approving the Purchase of
the Residential Property known as Vail East Lodging, Unit #16, 4123
Spruce Way, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 10, Series 2022.
Background: The availability of housing remains an ongoing challenge for
year-round and seasonal Vail residents. The Vail East Lodging will be used
to provide rental housing opportunities for Town of Vail employees. The cost
to purchase this home is $565,000.
Staff Recommendation: The Housing Department recommends the Vail
Town Council approves Resolution No. 10, Series of 2022, as presented.
5.3.Resolution No. 11, Series of 2022, A Resolution Approving the Purchase of
the Residential Property known as 1860 Meadow Ridge Road, Unit 4, 1860
Meadow Ridge Road, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 11, Series 2022.
Background: The availability of housing remains an ongoing challenge for
year-round and seasonal Vail residents. The 1860 Meadow Ridge Road
property will be used to provide rental housing opportunities for Town of Vail
employees. The cost to purchase this home is $780,000.
Staff Recommendation: The Housing Department recommends the Vail
Town Council approves Resolution No. 11, Series of 2022, as presented
5.4.Resolution No. 12, Series of 2022, A Resolution Approving the Purchase of
the Residential Property known as Pitkin Creek Condominiums, Unit P-5,
3931 Bighorn Road, Vail, Colorado.
Action Requested of Council: Approve, approve with amendments, or deny
Resolution No. 12, Series 2022.
Background: The availability of housing remains an ongoing challenge for
year-round and seasonal Vail residents. The Pitkin Creek Condominiums
home will be used to provide homeownership opportunities for a Town of Vail
employee or a person employed by a business located within the Town of
Vail. The cost to purchase this home is $560,000.
Staff Recommendation: The Housing Department recommends the Vail
Town Council approves Resolution No. 12, Series of 2022, as presented.
5.5.Resolution No. 13, Series 2022, Approving an Agreement and an
Underground Right-of-Way Easement between the Town of Vail and Holy
Cross Energy ("HC E")
Action Requested of Council: Approve, approve with amendments or deny
Resolution 13, Series 2022.
Background: I n order to accommodate the relocation of certain power lines
for the construction of the Residences at Main Vail, the Town and HC E wish
to enter into an agreement and easement.
Staff Recommendation: Approve, approve with amendments or deny
Resolution 13, Series 2022.
April 5, 2022 - Page 2 of 284
5.6.Resolution No. 14, Series 2022, A Resolution Approving a Vacation of
Easement and Bill of Sale between the Town of Vail and the Eagle River
W ater and Sanitation District ("E RW S D")
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 14, Series of 2022.
Background: I n order to accommodate the construction of the Residences
at Main Vail, the E RW S D wishes to vacate a certain Sewer Easement and
convey ownership of the eight-inch (8”) sewer main.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 14, Series of 2022.
5.7.Resolution No. 15, Series 2022, A Resolution Approving an Employment
Agreement between the Town of Vail and Stan Zemler
Action Requested of Council: Approve, approve with amendments, or deny
Resolution No. 15, Series 2022.
Background: The Town wishes to retain the services of Stan Zemler to act
as I nterim Town Manager.
Staff Recommendation: Approve, approve with amendments, or deny
Resolution No. 15, Series 2022.
5.8.Letter of Support for Federal Funds to Support the Vail 2024 Battery
Electric Bus Purchase and the C A S TA Statewide Transit I mprovement
Proposal
Action Requested of Council: Approve, approve with amendments or deny
Letter of Support.
Background: Request for federal funds to support the Vail 2024 Battery
Electric Bus Purchase and the C A S TA Statewide Transit I mprovement
Proposal
Staff Recommendation: Approve, approve with amendments or deny Letter
of Support.
5.9.Change order to existing contract with S E Group for completion of the
Booth Creek Fuels Treatment NE PA.
Action Requested of Council: Approve change order with S E Group.
Background: The contract with the S E Group for the Booth Creek Fuels
Treatment NE PA was structured as a phased project. This change order
represents phase 5 of the project.
Staff Recommendation: Approve change order with S E Group.
5.10.Contract Award with Hallmark I nc. for the Ford Park West Betty Ford Way
Paver Project.
Action Requested of 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 $994,387 for the Ford Park W est Betty Ford W ay
Paver Project.
Background: The funding for the Ford Park West Betty Ford Way Paver
Project is included in the 2022 Real Estate Transfer Tax, Recreation Path
Maintenance Account. The 2022 budgeted amount in this account is
$1.2M. The $994,387 bid is substantially lower than the budget amount.
Staff Recommendation: 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 $994,387 for the Ford Park W est Betty Ford W ay Paver Project.
5.11.Contract Award with I ntermountain Painting for Top Deck Village Structure
Painting
April 5, 2022 - Page 3 of 284
Action Requested of Council: Direct the Town Manger to enter into a
construction contract in a form approved by the Town Attorney with
I ntermountain Painting in the amount of $86,390.00 for the top deck of the
Village Structure.
Background: Staff received 2 bids for the Vail Village Parking Structure
painting project. Painting included in this project is the top deck of the
Village Parking Structure for all vent stacks, railings and buildings that are
currently green. The project is scheduled to be completed by September
15, 2022.
Staff Recommendation: Direct the Town Manger to enter into a construction
contract in a form approved by the Town Attorney with I ntermountain
Painting in the amount of $86,390.00 for the top deck of the Village
Structure.
5.12.Contract Award with Drop Mobility for Regional Electric Bike Share
Program
Action Requested of Council: Authorize the Town Manager to enter into an
agreement in a form approved by the town attorney with Drop Mobility in
amount not to exceed $174,400 for the execution of the Regional Electric
Bike Share Program in 2022.
Background: Following the 2020 Electric Bike Share Pilot Program, Vail
Town Council allocated $175,000 in the 2022 budget for staff to launch a
larger, regional electric bike share program in collaboration with Town of
Avon and EagleVail Metro District.
Staff Recommendation: Authorize the Town Manager to enter into an
agreement in a form approved by the town attorney with Drop Mobility in
amount not to exceed $174,400 for the execution of the Regional Electric
Bike Share Program in 2022.
6.Town Manager Report (10 min.)
6.1.2022 W ildfire Mitigation Award to Vail Fire's Paul Cada
Background: Nation's Leading W ildfire Management Group recognized Vail
Fire's Paul Cada as the recipient of the 2022 W ildfire Mitigation Award.
6.2.Peer Resort Exchange Update
6.3.2022 Community Survey Update
7.Presentations / Discussion
7.1.Fire Free Five Community Assistance Program 15 min.
Presenter(s): Mark Novak, Fire Chief
Action Requested of Council: Approve Fire Free Five Community
Assistance Program
Background: Creating a 5' non-combustible zone (Fire Free Five) around
a building is one of the most important actions that can be taken to reduce
the risk of structural loss due to wildland fire. Town Council directed staff to
establish a program to help offset the cost associated with creating a 5' non-
combustible zone around structures.
Staff Recommendation: Approve Fire Free Five Community Assistance
Program
7.2.Short-Term Rental Study - Part 4 45 min.
April 5, 2022 - Page 4 of 284
Presenter(s): Alex J akubiec, Finance Department; and Andrew Knudtsen,
Economic & Planning Systems I nc
Action Requested of Council: Please provide feedback to staff regarding
ordinance changes as a result of the short-term rental study.
Background: The purpose of this memorandum is to revisit policy changes
recommended for consideration at the March 15th presentation of the short-
term rental study. These recommendations we based on feedback heard
during the short-term rental study conducted by RRC Associates and
Economic & Planning Systems I nc.
Staff Recommendation: Please provide feedback to staff regarding
ordinance changes as a result of the short-term rental study.
8.Action Items
8.1.Resolution No. 9, Series of 2022, A Resolution of the Vail Town Council
Approving a Master Lease between the Town of Vail and the Vail
Corporation, dba Vail Associates I nc. ("VA I ")
10 min.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with amendments or deny
Resolution No. 9, Series 2022.
Background: On March 1 and 15, 2022, the Vail Town Council reviewed a
proposed new Timber Ridge Master Lease agreement. Following
discussion of the proposed new master lease agreement by the Town
Council, direction was provided to the Town staff. The master lease terms
are outlined in Section 3 of the Staff Memorandum.
Staff Recommendation: Approve, approve with amendments or deny
Resolution No. 9, Series 2022.
8.2.Ordinance No. 2, Series 2022, First Reading, An Ordinance Amending
Chapter 11 Of Title 5 Of The Vail Town Code To Reduce The Risk Of
W ildfires I n The Town
30 min.
Presenter(s): Paul Cada W ildland Program Manager, Mark Novak Fire
Chief
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 2, Series of 2022
Background: I n 2020 the Vail Town Council adopted the Vail Community
W ildfire Protection Plan (C W P P). A primary goal of the C W P P was to
reduce the risk of a wildland urban disaster within the Town of Vail. An
essential element in achieving this goal is to prevent the ignition of
structures. The most effective manner to achieve this goal is to require a
non-combustible zone around all structures. Since introduction at the March
15, 2022 meeting, Ordinance No. 2 has been modified to incorporate public
and Town Council input.
Staff Recommendation: Approve Ordinance No. 2, Series of 2022 on first
reading
8.3.Ordinance No. 5, Series of 2022, First Reading, An Ordinance Amending
Various Sections of the Vail Town Code Relating to Alcoholic Beverages, to
Reflect Changes in State Law
10 min.
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny
first reading of Ordinance No. 5, Series 2022.
Background: The Colorado General Assembly recently passed, and the
Governor recently signed into law, House Bill 18-1023 and House Bill 18-
1025, which will move sections of Title 12 of Colorado Revised States into a
April 5, 2022 - Page 5 of 284
new Title 44, effective October 1, 2018 and the Town Council wishes to
update the Vail Town Code accordingly.
Staff Recommendation: Approve, approve with amendments or deny first
reading of Ordinance No. 5, Series 2022.
9.Public Hearings
9.1.Ordinance No. 4, Series of 2022, First Reading, Four Seasons Amendment
to S D D No. 36 to allow for reconfiguration of existing accommodation units,
fractional fee units and dwelling units, and to amend the Employee Housing
Plan to relocate a portion of the existing onsite employee housing offsite
30 min.
Presenter(s): J onathan Spence, Planning Manager
Action Requested of Council: Approve, approve with modifications, or deny
Ordinance No. 4, Series of 2022, upon first reading.
Background: On March 14, 2022, the Town of Vail Planning and
Environmental Commission (P E C) held a public hearing on the request for
a recommendation to the Vail Town Council for a major amendment to
Special Development District No. 36, Four Seasons Resort, pursuant to the
requirement of Section 12-9A, Special Development (S D D) District, Vail
Town Code. At the conclusion of the public hearing, the P E C voted 5-0-1
(Gillette abstained) to forward a recommendation of denial, to the Vail Town
Council
Staff Recommendation: Approve, approve with modifications, or deny
Ordinance No. 4, Series of 2022, upon first reading.
9.2.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a
Condition of Approval for D RB22-0035, a residential project located at 3070
Booth Creek Drive
30 min.
Presenter(s): J onathan Spence, Planning Manager
Action Requested of Council: Uphold, overturn, or overturn with
modifications, the Design Review Board’s March 2, 2022 decision.
Background: The applicant, Reggie D. Delponte Residence Trust No. 1 &
No. 2, represented by Shepherd Resources I nc. A I A, requested the review
of an addition to an existing single family home before Design Review
Board, pursuant to Section 12-11-3, Vail Town Code, located at 3070 Booth
Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a
vote of 5-0, approved the project with the noted condition
Staff Recommendation: Uphold, overturn, or overturn with modifications, the
Design Review Board’s March 2, 2022 decision.
9.3.Ordinance No. 3, Series 2022, Second Reading, An Ordinance Making
Budget Adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund,
Heavy Equipment Fund, Residences at Main Vail Fund and Dispatch
Services Fund.
10 min.
Presenter(s): Carlie Smith, Deputy Finance Director
Action Requested of Council: Approve or approve with amendments
Ordinance No. 3, Series 2022.
Background: Please see attached memo.
Staff Recommendation: Approve or approve with amendments Ordinance
No. 3, Series 2022.
10.Adjournment
10.1.Adjournment 9:35 pm (estimate)
April 5, 2022 - Page 6 of 284
Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite
www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available
for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media
website the week following meeting day, www.highfivemedia.org.
P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with
48 hour notification dial 711.
April 5, 2022 - Page 7 of 284
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. 3, Series of 2022, Recognizing National L ibrary Week 2022
“Connect with Your L ibrary”
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: Approve Proclamation No. 3, Series 2022.
B AC K G RO UND: First sponsored in 1958, National L ibrary Week is a national observance
sponsored by the American L ibrary Association (A L A) and libraries across the country each April.
I t is a time to celebrate the contributions of our nation's libraries and librarians and to promote
library use and support. A ll types of libraries (school, public, academic and special) participate.
http://www.ala.org/conferencesevents/node/6/
AT TAC H ME N TS:
Description
Proclamation No. 3, Series 2022
April 5, 2022 - Page 8 of 284
PROCLAMATION NO. 3 SERIES OF 2022
Recognizing National Library Week 2022
“Connect with Your Library”
WHEREAS, libraries are accessible and inclusive places that foster a sense of connection and build
community;
WHEREAS, libraries connect people to technology, providing access to broadband internet, computers,
and training that are critical for accessing education and employment opportunities;
WHEREAS, libraries offer opportunities for everyone to connect with new ideas and become their best
selves through access to multimedia content, programs, and classes – in addition to books;
WHEREAS, today’s libraries and their services extend far beyond the four walls of a building and
everyone is welcome to use their resources;
WHEREAS, in times of crisis, libraries and library professionals play an invaluable role in supporting their
communities both in person and virtually;
WHEREAS, libraries strive to develop and maintain programs and collections that are as diverse as the
populations they serve and ensure equity of access for all;
WHEREAS, to adapt to our changing world, libraries are expanding their resources and continuing to
meet the needs of their patrons;
WHEREAS, libraries have long served as trusted and treasured institutions for all members of the
community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-
economic status;
WHEREAS, libraries are cornerstones of democracy, promoting the free exchange of information and
ideas for all;
WHEREAS, libraries, librarians, and library workers are joining library supporters and advocates across
the nation to celebrate National Library Week;
NOW, THEREFORE, be it resolved that I Kim Langmaid, Mayor, proclaim National Library Week, April 3-
9, 2022. During this week, I encourage all residents to connect with their library by visiting online or in
person to access resources and services.
Dated this 5th day of April 2022.
Vail Town Council Attest:
Kim Langmaid, Mayor Tammy Nagel, Town Clerk
April 5, 2022 - Page 9 of 284
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: Appoint a Member to the Building and Fire Codes Appeals Board (B &F C A)
P RE S E NT E R(S ): K im L angmaid, Mayor
AC T IO N RE Q UE S T E D O F C O UNC I L: Motion to appoint one person to serve as a member on
the Building & Fire Code Appeals Board for a term ending March 31, 2026.
April 5, 2022 - Page 10 of 284
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. 8, Series of 2022, A Resolution A pproving an I ntergovernmental
A greement B etween the Town of Vail and E agle County Concerning W ildland Fire Mitigation
P rogram
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove Resolution No. 8, S eries 2022.
B AC K G RO UND: Under this I G A , E agle County will provide funding to the Town of Vail for
W ildfire Mitigation to include: curbside chipping, fuels reduction in the I ntermountain F orest Health
P roject and direct aid to homeowners in the unincorporated portion of West Vail.
S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 8, S eries 2022.
AT TAC H ME N TS:
Description
Staff Memo Re. Resolution No. 8, Series of 2022
Resolution 8, Series 2022
TO V_Eagle County IG A W ildland Fire Mitigation
April 5, 2022 - Page 11 of 284
To: Town Council
From: Paul Cada, Wildland Program Manager
Date: April 5th, 2022
Subject: Resolution No. 8, Series of 2022. Town of Vail and Eagle County Government
Intergovernmental Agreement Concerning Wildland Fire Mitigation
I. Purpose:
The purpose of this memo is to provide Council with supporting information for an
Intergovernmental Agreement between the Town of Vail and Eagle County Government for the
continued implementation of Wildfire mitigation within our community.
II. Background
The Town of Vail and Eagle County have a long standing relationship with respect to wildfire
mitigation. Over the past 20 years the two organizations have partnered on several highly
impactful wildfire mitigation projects such as the 2007/2008 Vail WUI project and the 2017 Vail
Intermountain Forest Health project. Both organizations are long standing active participants in
the Eagle County Wildfire Council which has worked towards community wildfire adaptation
countywide since 2008.
III. Current Situation
Twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four out of
the five largest fires in State history have occurred within the last three years. In 2021, the
Sylvan Fire burned 3,792 acres above Sylvan Lake State Park; In 2020, the Grizzly Creek Fire
burned over 32,000 acres and directly threatened several communities within Eagle County. In
2018, the Lake Christine Fire burned nearly 13,000 acres in Eagle County, destroying three
homes, and threatening hundreds more. A worrisome trendline now points to Eagle County’s
increasing vulnerability to wildfire destruction.
In response to this growing threat from uncontrolled wildfire, in 2015 the Town of Vail adopted
the “Fire Adapted Vail” strategic framework to guide efforts to create a resilient community in the
face of the growing risk from wildfire. In 2020, Vail Fire and Emergency Services completed a
Community Wildfire Protection Plan (CWPP) that expands upon the strategic framework by
establishing five main community goals - reduce the risk of a Wildland Urban Disaster within the
Town of Vail; decrease the probability of landscape scale high severity wildfire events; build
business community resiliency to wildfire disasters; foster citizen engagement and
preparedness; and support the utilization of forest products
Since 2015, Vail Fire and Emergency Services has implemented over 150 acres of fuel
reduction and the Town of Vail has spent in excess of $2.8 million dollars on wildfire risk
reduction staffing and projects.
April 5, 2022 - Page 12 of 284
Town of Vail Page 2
Since 2007, Vail Fire and Emergency Services has completed over 400 tons of community
chipping at no-cost to residents in unincorporated West Vail and completed more than 50 acres
of fuels reduction work adjacent to homes in unincorporated West Vail.
In recognition of the tireless community wide work the Town of Vail has implemented, Eagle
County would like to partner with the Town of Vail to continue this critical work within the
community. Eagle County will provide up to $40,000 to the Town for the continued support of
the curbside chipping program, implementation of additional acres of treatment in the
Intermountain Forest Health Project and for direct aid to property owners in the unincorporated
portion of West Vail. These funds will aid the department in the continued rapid implementation
of the CWPP. Eagle County will also engage with VFES to conduct RealFire property
assessments within the Town of Vail which provide property owners within depth evaluations of
their wildfire risk. The RealFire assessments are tailored to expand upon the information that is
being provided in the curbside wildfire hazard evaluation program currently be provided to all
properties in the community.
IV. Staff Recommendation
Approved the attached Intergovernmental Agreement between the Town of Vail and Eagle
County for implementation during the 2022 field season.
April 5, 2022 - Page 13 of 284
RESOLUTION NO. 8
Series of 2022
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY COLORADO REGARING WILDLAND
FIRE MITIGATION PROGRAM
WHEREAS, the Town and Eagle County Colorado wish to enter into an
Intergovernmental Agreement in the form attached hereto as Exhibit A and incorporated
herein by this reference, (the “IGA”) whereby Eagle County will partner with the Town to
continue critical work regarding wildfire mitigation within the community;
WHEREAS, pursuant to the IGA, Eagle County will provide up to $40,000 to the
Town for the continued support of the curbside chipping program, implementation of
additional acres of treatment in the Intermountain Forest Health Project and for direct aid
to property owners in the unincorporated portion of West Vail; and
WHEREAS, these funds will aid the Town Fire Department in the continued rapid
implementation of the Community Wildfire Protection Plan.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA 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 IGA 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 5th day of April 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 14 of 284
INTERGOVERNMENTAL AGREEMENT
BETWEEN
TOWN OF VAIL AND EAGLE COUNTY, COLORADO
CONCERNING WILDLAND FIRE MITIGATION PROGRAM
THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is entered into by and
between Town of Vail (hereinafter “Vail”), and Eagle County, a body corporate and politic of the
state of Colorado (hereinafter “County”). Collectively Vail and County shall be referred to as the
“Parties” and singularly as “Party”. This Agreement is entered into and is effective on
_______________.
RECITALS
WHEREAS, C.R.S. § 29-20-101 et.seq. encourages intergovernmental agreements through which
local governments cooperate and participate in joint projects; and
WHEREAS, The Town of Vail is taking proactive steps to become “Fire Adapted” and recognizes
that an uncontrolled wildland fire could impact the town in the future. To that end, Vail Fire and
Emergency Services has developed a successful Wildland Fire Program (hereinafter the “WFP”)
and is in the process of implementing a Community Wildfire Protection Plan (hereinafter the
“CWPP”) in order to provide for the safety of the Town of Vail before, during and after a wildland
fire incident; and
WHEREAS, the Vail Fire and Emergency Services WFP modules work in many capacities to
fulfill this mission including; fuels management projects, community assessments, wildland fire
suppression, community chipping, and prescribed fire operations; and
WHEREAS, the County desires to provide funds and the Parties desire to accept the roles and
responsibilities set forth in this Agreement in order to support these endeavors; and
WHEREAS, this Agreement is authorized by and entered into pursuant to the authority of local
governments of the state of Colorado to contract with one another. C.R.S. § 29-1-203 and Article
XIV, Section 18 of the Colorado Constitution.
AGREEMENT
NOW THEREFORE, in consideration of the mutual rights and obligations as set forth below, the
Parties agree as follows:
1. PURPOSE
1.1. Twenty of Colorado’s largest wildfires have occurred within the last twenty years. Four
out of the five largest fires in State history have occurred within the last three years. In
2021, the Sylvan Fire burned 3,792 acres above Sylvan Lake State Park; In 2020, the
Grizzly Creek Fire burned over 32,000 acres and directly threatened several communities
within Eagle County. In 2018, the Lake Christine Fire burned nearly 13,000 acres in Eagle
April 5, 2022 - Page 15 of 284
2
County, destroying three homes, and threatening hundreds more. A worrisome trendline
now points to Eagle County’s increasing vulnerability to wildfire destruction.
1.2.In response to this growing threat from uncontrolled wildfire, in 2015 the Town of Vail
adopted the “Fire Adapted Vail” strategic framework to guide efforts to create a resilient
community in the face of the growing risk from wildfire. In 2020, Vail Fire and Emergency
Services completed a Community Wildfire Protection Plan (CWPP) that expands upon
the strategic framework by establishing five main community goals - reduce the risk of a
Wildland Urban Disaster within the Town of Vail; decrease the probability of landscape
scale high severity wildfire events; build business community resiliency to wildfire
disasters; foster citizen engagement and preparedness; and support the utilization of forest
products
1.3.Since 2015, Vail Fire and Emergency Services has implemented over 150 acres of fuel
reduction and the Town of Vail has spent in excess of $2.8 million dollars on wildfire risk
reduction staffing and projects.
1.4.Since 2007, Vail Fire and Emergency Services has completed over 400 tons of community
chipping at no-cost to residents in unincorporated West Vail and completed more than 50
acres of fuels reduction work adjacent to homes in unincorporated West Vail.
1.5.The purpose of this Agreement is formalizing each Party’s obligations as partners in the
Vail Fire Wildfire Fire Program.
2. PROJECT FUNDING
2.1.Eagle County will provide reimbursement to the Town of Vail for the wildfire mitigation
project work identified as Activities A through C, as identified in Exhibit A, in an amount
not to exceed forty thousand dollars ($40,000) as reimbursement from Eagle County.
Invoices shall be paid annually as submitted to the County and shall include detail as
articulated in Exhibit A.
2.2.Notwithstanding anything to the contrary contained in this Agreement, County shall have
no obligations under this Agreement after, nor shall any payments be made to Vail Fire in
respect of any period after December 31 of any year, without an appropriation therefor by
County in accordance with a budget adopted by the Board of County Commissioners in
compliance with Article 25, title 30 of the Colorado Revised Statutes, the Local
Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment
(Colorado Constitution, Article X, Sec. 20).
3. ROLES AND RESPONSIBILITIES
3.1. Eagle County
April 5, 2022 - Page 16 of 284
3
3.1.1. Liaise with Wildland Program Manager, WFP Crew Lead(s), and Fire Chief on
wildfire risk reduction matters as appropriate.
3.1.2. Eagle County in the role of the REALFire® Local Program Administrator will
schedule and coordinate local assessments within Eagle County; maintenance of
completed assessment data in the REALFire® database; obtaining property owner
liability waivers; conducting quality assurance audits, and reviewing final reports
prior to issuance. Issue mitigation recognition certificates to properties that have
successfully completed all previous program mitigation requirements.
3.1.3. Share networking updates and/or contact information with the Wildland Program
Manager, WFP Crew Lead(s), and Fire Chief as appropriate for organizations and
entities inside of Eagle County that are interested in wildfire mitigation projects and
programs, including (but not limited to):
3.1.3.1. Fuel-break construction and fuel-reduction projects
3.1.3.2. Community chipping days
3.1.3.3. Prescribed fire projects
3.1.3.4. REALFire® home and property assessments
3.1.3.5. Eagle County Wildfire Assistance
3.1.3.6. Education and outreach
3.1.4. Identify and collaborate with Vail Fire and Emergency Services on grant funding
opportunities for wildfire mitigation and recovery programs/projects within Eagle
County.
3.1.5. Identify and collaborate with Vail Fire and Emergency Services on local training
and outreach opportunities to further increase awareness of wildfire mitigation and
intended risk reduction outcomes.
3.2.Vail Fire
3.2.1. Wildland Program Manager
3.2.1.1. Oversee the implementation of programs and projects within the Vail Fire
and Emergency Services service area as identified in Exhibit A.
3.2.1.2. Provide local support to Eagle County to assist in scheduling and/or
conducting REALFire® property assessments as time and funds allow.
April 5, 2022 - Page 17 of 284
4
3.2.1.3. Identify and collaborate with Eagle County on grant funding opportunities
for wildfire mitigation within Eagle County.
4. INDEMNIFICATION, INSURANCE AND GOVERNMENTAL IMMUNITY
4.1 To the extent permitted by law, each Party shall indemnify, defend and hold harmless the
other including its, agents, officers, servants and employees of and from any and all loss, costs,
damage, injury, liability, claims, liens demands, action and causes of action whatsoever, including
attorney fees, arising out of or related to its negligent acts or omissions.
4.2 Vail Fire and Emergency Services shall provide its own public liability, property damage,
and errors and omissions insurance coverage as County may deem adequate and necessary for any
potential liability arising from this Agreement.
4.3 Nothing in this Agreement shall be construed to waive, limit, or otherwise modify any
governmental immunity that may be available by law to either Party, its officials, employees,
contractors,' or agents, or any other person acting on behalf of either Party and, in particular,
governmental immunity afforded or available pursuant to the Colorado Governmental Immunity
Act, Title 24, Article 10, Part 1 of the Colorado Revised Statutes.
5. TERM AND TERMINATION
5.1 The term of this Agreement shall commence on the effective date and shall terminate
twelve months from the effective date unless the Agreement is extended by all Parties prior to that
end date.
5.2 If any Party fails to substantially perform the duties and obligations in accordance herewith,
the other Party may terminate this Agreement upon seven (7) days written notice to that Party,
unless that Party cures the breach within the seven (7) day remedy period. Either Party may
terminate this Agreement without cause upon thirty (30) days written notice.
6. MISCELLANEOUS
6.1 Notices. All notices, bills and payments shall be made in writing and may be given by
personal delivery or by mail. Notices, bills, payments sent by mail should be addressed as follows:
Eagle County Government:
Eric Lovgren
500 Broadway PO Box 850
Eagle, CO 81631
eric.lovgren@eaglecounty.us
970-328-8742
With copy to
Eagle County Attorney’s Office
April 5, 2022 - Page 18 of 284
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500 Broadway PO Box 850
Eagle, CO 81631
atty@eaglecounty.us
970-328-8685
Town of Vail:
Vail Fire and Emergency Services
Paul Cada
2399 N. Frontage Rd W.
Vail, CO 81657
6.2 Modification. This Agreement contains the entire agreement between the Parties, and no
agreement shall be effective to change, modify, or terminate in whole or in part unless such
agreement is in writing and duly signed by the Party against whom enforcement of such change,
modification, or termination is sought.
6.3 No Third Party Beneficiaries. Nothing contained in this Agreement is intended to or shall
create a contractual relationship with, cause of action in favor of, or claim for relief for, any third
party, including any agent, subconsultant or sub-contractor of the Parties. Absolutely no third
party beneficiaries are intended by this Agreement.
6.4 No Assignment. Neither Party shall assign this Agreement without the prior written
consent of the other. Either Party may terminate this Agreement if the other assigns this
Agreement without the prior written consent of the other.
6.5 Jurisdiction and Venue. This Agreement shall be interpreted in accordance with the laws
of the state of Colorado and the Parties agree to submit to the jurisdiction of the courts thereof.
Venue shall be in the Eagle County District Court.
6.6 Invalidity. Invalidity or unenforceability of any provision of this Agreement shall not
affect the other provisions hereof, and this Agreement shall be construed as if such invalid or
unenforceable provision was omitted.
6.7 Compliance With Law. Each Party shall comply with all applicable federal, state and
local rules, regulations and laws.
IN WITNESS WHEREOF, each Party, by signature below of its authorized representative,
hereby acknowledges that it has read this Agreement, understands it and agrees to be bound by its
terms and conditions.
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COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its BOARD OF COUNTY
COMMISSIONERS
By: ______________________________
Jeanne McQueeny, Chair
ATTEST:
By: ______________________________
Regina O’Brien
Clerk to the Board
TOWN OF VAIL, COLORADO
By: ________________________
Scott Robson, Town Manager
ATTEST:
By:________________________
Tammy Nagel, Town Clerk
Exhibit A: Scope of Work and Annual Work Plan for 2022
The Town of Vail agrees to implement the following items in the 2022 calendar year. Eagle
County agrees to fund Activities A through C as set forth below. Upon completion of the agreed
upon actions Town of Vail will submit a summary of activity and invoice to Eagle County.
Activity A:
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Cutting and piling of 5 acres of hazardous fuels mitigation in the Intermountain portion of West
Vail.
Eagle County Allocated Funding: Up to $20,000
Activity B:
Support for the Vail Community-wide Curbside Chipping program within the Vail Fire Service
area.
Eagle County Allocated Funding: 50% of total project costs up to a max of $10,000
Activity C:
Hazardous fuels reduction work on private land in the intermountain portion of West Vail. Vail
Fire’s wildland crew will assist private property owners participating in the intermountain private
lots project with felling non-technical trees, limbing, piling slash, and burning slash piles.
Eagle County Allocated Funding: Up to $10,000
Activity D::
The Town of Vail will engage Vail Fire to assist in the completion of Real Fire assessments
within the Vail Fire service area. Eagle County will provide administrative oversight, training and
access to systems and Vail Fire will provide staffing to conduct assessments.
April 5, 2022 - Page 21 of 284
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. 10, S eries of 2022, A Resolution Approving the P urchase of the
Residential P roperty known as Vail E ast L odging, Unit #16, 4123 S pruce Way, Vail, Colorado.
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. 10, Series 2022.
B AC K G RO UND: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. T he Vail East L odging will be used to provide rental housing opportunities
for Town of Vail employees. The cost to purchase this home is $565,000.
S TAF F RE C O M M E ND AT IO N: T he Housing Department recommends the Vail Town Council
approves Resolution No. 10, Series of 2022, as presented.
AT TAC H ME N TS:
Description
Memorandum
Resolution No. 10, Series of 2022
April 5, 2022 - Page 22 of 284
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Date: April 5, 2022
Re: Resolution No. 10, Series of 2022 - Proposal to Purchase Vail East Lodging, Unit #16/4123 Spruce
Way
I. Purpose
The purpose of this memorandum is t wo-fold:
1.) share an opportunity to purchase Vail East Lodging, Unit #16, located at 4123 Spruce
Way, Vail, Colorado, and
2.) receive authorization to proceed forward with the real estate contract to purchase the
home .
II. Proposal
The Vail East Lodging property is currently under contract for purchase by the Town of Vail, contingent
upon authorization by the Vail Town Council to appropriate funds.
The proposal to purchase the Vail East Lodging, Unit #16 (2 bd/1bath/2 assigned parking spaces & 790
square feet) includes the following consideration:
• Acquire the residential property with internal housing funds and hold the property within the
inventory of Town-owned residential properties to lease to Town of Vail employees. The HOA
maintains a right of first refusal which conflicts with the Town’s ability to record a deed
restriction on the property.
III. Terms of the Purchase
The following terms summarize the purchase contract of the Vail East Lodging property:
• Purchase Price: $565,000, plus closing costs
• Financing: Cash
• Closing Date: April 22, 2022
• Possession Date: April 22, 2022
• Appraisal: Completed, comparable market analysis
• Inspection: Completed, no objections
• Contingencies: Vail Town Council authorization to close on the transaction
Subject to the terms of an exist lease through October 31, 2022.
April 5, 2022 - Page 23 of 284
Resolution No. 28, Series of 2019
RESOLUTION NO. 10
SERIES OF 2022
A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY
KNOWN AS VAIL EAST LODGING, UNIT #16, 4123 SPRUCE WAY , VAIL,
COLORADO 81657
WHEREAS, Russell Gruber (“Seller”) owns the real property more particularly
described and depicted in the Contract to Buy and Sell Estate, attached hereto as Exhibit
A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to purchase the Property subject to the terms of the
Contract to Buy and Sell Real Estate (the “Contract”);
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Town Council hereby approves the Contract and authorizes the
Town Manager to execute the Contract on behalf of the Town in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of April, 2022
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 24 of 284
Resolution No. 28, Series of 2019
April 5, 2022 - Page 25 of 284
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. 11, Series of 2022, A Resolution A pproving the Purchase of the
Residential P roperty known as 1860 Meadow Ridge Road, Unit 4, 1860 Meadow Ridge Road,
Vail, Colorado.
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. 11, S eries 2022.
B AC K G RO UND: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. T he 1860 Meadow Ridge Road property will be used to provide rental
housing opportunities for Town of Vail employees. T he cost to purchase this home is $780,000.
S TAF F RE C O M M E ND AT IO N: T he Housing Department recommends the Vail Town Council
approves Resolution No. 11, S eries of 2022, as presented
AT TAC H ME N TS:
Description
Memorandum
Resolution No. 11, Series of 2022
April 5, 2022 - Page 26 of 284
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Date: April 5, 2022
Re: Resolution No. 11, Series of 2022 - Proposal to Purchase Buffer Creek Condominium, Unit
#4/1860 Meadow Ridge Road, Vail, Colorado.
I. Purpose
The purpose of this memorandum is two-fold:
1.) share an opportunity to purchase Buffer Creek Condominium, Unit #4, located at 1860,
Vail, Colorado, and
2.) receive authorization to proceed forward with the real estate contract to purchase the
home.
II. Proposal
The Buffer Creek Condominium property is currently under contract for purchase by the Town of Vail,
contingent upon authorization by the Vail Town Council to appropriate funds.
The proposal to purchase the Buffer Creek Condominium, Unit #4 (two, 1bd/1bath/2 assigned parking
spaces & 1,043 square feet total) includes the following consideration:
• Acquire the residential property with internal housing funds and hold the property within the
inventory of Town-owned residential properties to lease to Town of Vail employees. The HOA
maintains a right of first refusal which conflicts with the Town’s ability to record a deed
restriction on the property.
• Appropriate an additional $50,000 for home repairs and upgrades to the Housing Capital Fund.
III. Terms of the Purchase
The following terms summarize the purchase contract of the Vail East Lodging property:
• Purchase Price: $780,000, plus closing costs
• Financing: Cash
• Closing Date: April 28, 2022
• Possession Date: April 28, 2022
• Appraisal: Completed, in progress
April 5, 2022 - Page 27 of 284
• Inspection: Completed, no objections, being sold “as is”
• Contingencies: Vail Town Council authorization to close on the transaction
Subject to the terms of existing leases through September 30, 2022 and
October 31, 2022, respectively, with a 60-day notice move out clauses.
April 5, 2022 - Page 28 of 284
Resolution No. 28, Series of 2019
RESOLUTION NO. 11
SERIES OF 2022
A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY
KNOWN AS BUFFER CREEK CONDOMINIUM, UNIT #4, 1860 MEADOW RIDGE
ROAD, VAIL, COLORADO 81657
WHEREAS, Robert and Diane Batchelor (“Seller”) owns the real property more
particularly described and depicted in the Contract to Buy and Sell Estate, attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to purchase the Property subject to the terms of the
Contract to Buy and Sell Real Estate (the “Contract”);
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Town Council hereby approves the Contract and authorizes the
Town Manager to execute the Contract on behalf of the Town in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of April, 2022
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 29 of 284
Resolution No. 28, Series of 2019
April 5, 2022 - Page 30 of 284
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. 12, S eries of 2022, A Resolution Approving the P urchase of the
Residential P roperty known as Pitkin Creek Condominiums, Unit P-5, 3931 Bighorn Road, Vail,
Colorado.
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. 12, Series 2022.
B AC K G RO UND: The availability of housing remains an ongoing challenge for year-round and
seasonal Vail residents. T he P itkin Creek Condominiums home will be used to provide
homeownership opportunities for a Town of Vail employee or a person employed by a business
located within the Town of Vail. The cost to purchase this home is $560,000.
S TAF F RE C O M M E ND AT IO N: T he Housing Department recommends the Vail Town Council
approves Resolution No. 12, Series of 2022, as presented.
AT TAC H ME N TS:
Description
Resolution No. 12, Series of 2022 Memorandum
Resolution No. 12, Series 2022
April 5, 2022 - Page 31 of 284
MEMORANDUM
To: Vail Town Council
From: George Ruther, Housing Director
Date: April 5, 2022
Re: Resolution No. 12, Series of 2022 - Proposal to Purchase Pitkin Creek Condominium, Unit 5-
P/3931 Bighorn Road, Vail, Colorado
I. Purpose
The purpose of this memorandum is two-fold:
1.) share an opportunity to purchase Pitkin Creek Condominium, Unit P-5, located at 3931
Bighorn Road, Vail, Colorado, and
2.) receive authorization to proceed forward with the real estate contract to purchase the
home.
II. Proposal
The Pitkin Creek Condominium property is currently under contract for purchase by the Town of Vail,
contingent upon authorization by the Vail Town Council to appropriate funds.
The proposal to purchase the Pitkin Creek Condominium, Unit P-5 (1 bd/1bath/2 assigned parking
spaces & 663 square feet) includes the following consideration:
Acquire the residential property with internal housing funds and transfer the property within
the inventory of Town-owned residential properties to sell to Town of Vail employees with a
right of first refusal for approximately $400,000, or
Acquire the residential property with Vail InDEED funds and record a deed restriction on the
property and resell the home to a Vail local for approximately $425,000, or
Reimburse the Vail InDEED fund from the internal housing fund and add the home to the
inventory of town-owned homes to lease to a Town of Vail employee.
III. Terms of the Purchase
The following terms summarize the purchase contract of the Vail East Lodging property:
Purchase Price: $560,000, plus closing costs
Financing: Cash
Closing Date: April 25, 2022
Possession Date: April 25, 2022
Appraisal: Completed, in progress
April 5, 2022 - Page 32 of 284
Inspection: Completed, in progress
Contingencies: Vail Town Council authorization to close on the transaction
Subject to the terms of an exist lease through August 31, 2022.
April 5, 2022 - Page 33 of 284
Resolution No. 28, Series of 2019
RESOLUTION NO. 12
SERIES OF 2022
A RESOLUTION APPROVING THE PURCHASE OF THE RESIDENTIAL PROPERTY
KNOWN AS PITKIN CREEK CONDOMINIUM, UNIT 5-P, 3931 BIGHORN ROAD,
VAIL, COLORADO 81657
WHEREAS, Mats and Andrea Andersson (“Seller”) owns the real property more
particularly described and depicted in the Contract to Buy and Sell Estate, attached hereto
as Exhibit A and incorporated herein by this reference (the "Property"); and
WHEREAS, the Town wishes to purchase the Property subject to the terms of the
Contract to Buy and Sell Real Estate (the “Contract”);
NOW, THEREFORE, be it resolved by the Town Council of the Town of Vail,
Colorado:
Section 1. The Town Council hereby approves the Contract and authorizes the
Town Manager to execute the Contract on behalf of the Town in substantially the
same form attached hereto as Exhibit A and in a form approved by the Town
Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, READ, APPROVED AND ADOPTED this 5th day of April, 2022
________________________________
Kimberly Langmaid, Mayor
ATTEST:
_________________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 34 of 284
Resolution No. 28, Series of 2019
April 5, 2022 - Page 35 of 284
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. 13, S eries 2022, A pproving an A greement and an Underground
Right-of-Way Easement between the Town of Vail and Holy Cross E nergy ("HC E ")
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 13, S eries 2022.
B AC K G RO UND: I n order to accommodate the relocation of certain power lines for the
construction of the Residences at Main Vail, the Town and HC E wish to enter into an agreement
and easement.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution 13,
S eries 2022.
AT TAC H ME N TS:
Description
Resolution No 13, Series 2022
exhibit A
April 5, 2022 - Page 36 of 284
RESOLUTION NO. 13
Series of 2022
A RESOLUTION APPROVING AN AGREEMENT AND AN UNDERGROUND RIGHT-
OF-WAY EASEMENT BETWEEN THE TOWN OF VAIL AND HOLY CROSS ENERGY
(“HCE”)
WHEREAS, in order to accommodate the relocation of certain power lines for the
construction of the Residences at Main Vail, the Town and HCE wish to enter into an
agreement and easement as more particularly set forth in Exhibit A, attached hereto and
made part hereof by this reference (the “HCE Agreements”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the HCE Agreements in
substantially the same form as attached hereto as Exhibit A, and in a form approved by
the Town Attorney, and authorizes the Town Manager to execute the HCE Agreements
on behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 5th day of April 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
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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: Resolution No. 14, S eries 2022, A Resolution Approving a Vacation of Easement
and B ill of Sale between the Town of Vail and the Eagle River Water and S anitation District
("E RW S D")
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. 14, Series of 2022.
B AC K G RO UND: I n order to accommodate the construction of the Residences at Main Vail, the
E RW S D wishes to vacate a certain S ewer E asement and convey ownership of the eight-inch (8”)
sewer main.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 14,
S eries of 2022.
AT TAC H ME N TS:
Description
Resolution No. 14, Series 2022
exhibit A
April 5, 2022 - Page 45 of 284
RESOLUTION NO. 14
Series of 2022
A RESOLUTION APPROVING A VACATION OF EASEMENT AND BILL OF SALE
BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION
DISTRICT (“ERWSD”)
WHEREAS, in order to accommodate the construction of the Residences at Main
Vail, the ERWSD wishes to vacate a certain Sewer Easement and convey ownership of
the eight-inch (8”) sewer main located within the Easement to the Town as more
particularly set forth in Exhibit A, attached hereto and made part hereof by this reference
(the “Vacation”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Vacation 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 Vacation 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 5th day of April 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 46 of 284
{00844178.DOCX / }
VACATION OF EASEMENT AND BILL OF SALE
THIS VACATION OF EASEMENT AND BILL OF SALE dated this __ day
of __________, 2021, between EAGLE RIVER WATER AND SANITATION
DISTRICT, a quasi-municipal corporation and political subdivision of the State of
Colorado (“Grantor”) and TOWN OF VAIL, a Colorado municipal corporation, whose
address is 75 South Frontage Road West, Vail, Colorado 81657 (“Grantee”):
WHEREAS, Grantee is constructing a project for which it has requested the
Grantor vacate the Sewer Easement and convey ownership of the eight-inch (8”) sewer
main located within the Easement.
NOW THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does by these presents remise,
release, sell and quitclaim unto Grantee, its successors and assigns, forever, all the right,
title, interest, claim and demand which the Grantor has and to property and improvements
situate, lying and being in the Town of Vail, County of Eagle, State of Colorado,
described as follows:
See Exhibits Middle Creek Subdivision Water+Sewer Asbuilts 2005
and Final Plat Middle Creek Subdivision, attached hereto and
incorporated herein by this reference.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law
or equity, to the only proper use, benefit and behoof of the Grantee and its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set
forth below.
GRANTOR:
EAGLE RIVER WATER AND
SANITATION DISTRICT, a quasi-
municipal corporation and political subdivision
of the State of Colorado
By:
Linn Brooks, General Manager
April 5, 2022 - Page 47 of 284
{00844178.DOCX / }
2
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ____ day of
_________________, 2021, by Linn Brooks as General Manager of the Eagle River
Water and Sanitation District.
Witness my hand and official seal.
My commission expires:
Notary Public
ACCEPTANCE
TOWN OF VAIL
The Town of Vail, hereby accepts the property and improvements conveyed herein.
By:
Name:
Title:
Date:
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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: Resolution No. 15, S eries 2022, A Resolution Approving an E mployment
A greement between the Town of Vail and Stan Z emler
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. 15, Series 2022.
B AC K G RO UND: The Town wishes to retain the services of Stan Z emler to act as I nterim Town
Manager.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny Resolution No.
15, S eries 2022.
AT TAC H ME N TS:
Description
resolution No. 15 Series 2022
exhibit A
April 5, 2022 - Page 55 of 284
RESOLUTION NO. 15
Series of 2022
A RESOLUTION APPROVING AN EMPLOYMENT AGREEMENT BETWEEN THE
TOWN OF VAIL AND STAN ZEMLER
WHEREAS, the Town wishes to retain the services of Stan Zemler to act as Interim
Town Manager pursuant to the term of the agreement attached hereto as Exhibit A and
incorporated herein by this reference (the “Employment Agreement”).
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Employment Agreement 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 Employment
Agreement 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 5th day of April 2022.
_________________________
Kim Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
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EMPLOYMENT AGREEMENT
THIS EMPLOYMENT AGREEMENT (the "Agreement") is made and entered into
this ____ day of ___________, 2022 (the "Effective Date"), by and between the Town of
Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail,
Colorado 81657 (the "Town"), and Stan Zemler, an individual with an address of 4369
Fourmile Canyon Drive, Boulder, Colorado 80302 ("Zemler") (each a "Party" and
collectively the "Parties").
WHEREAS, the Town Council wishes to employ the services of Zemler as Interim
Town Manager, as allowed by Town Charter;
WHEREAS, the Town Council wishes to provide certain benefits, establish certain
conditions of employment and set working conditions for the Interim Town Manager; and
WHEREAS, Zemler wishes to accept employment as the Interim Town Manager
under the terms set forth in this Agreement.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Employment. The Town agrees to employ Zemler as Interim Town Manager of the
Town. As the Interim Town Manager, Zemler shall be responsible for the organization
and efficient administration of all administrative departments of the Town, in accordance
with the Charter and ordinances of the Town and the job description attached hereto and
incorporated herein by this reference. Zemler shall faithfully carry out directives and
recommendations of the Mayor and Town Council in coordinating the administrative
functions and operations of various departments. This shall be a part-time position, and
Zemler shall be expected to work Monday through Thursday or approximately 32 hours
per week, or 80% of a full-time position.
2. Term. The initial term of this Agreement shall begin on April 18, 2022 (the "Start
Date") and expire on October 18, 2022; provided that the term of this Agreement may be
extended by the Parties. Nothing in this Agreement shall prevent, limit or otherwise
interfere with the right of the Town Council to terminate the services of Zemler at any time
for any reason, and nothing in this Agreement shall prevent, limit or otherwise interfere
with the right of Zemler to resign at any time, for any reason.
3. Salary. Commencing at the Start Date, the Town shall pay Zemler for his services
in the amount $12,994.80 per month "the Base Salary" (paid biweekly at $5,997.60),
which shall be paid periodically in the same manner as other employees of the Town are
paid. The Base Salary may be increased by appropriate action of the Town Council at
any time. This Section shall not preclude the Town Council from awarding bonuses based
on performance.
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4. Benefits. In addition to the Base Salary, Zemler shall receive the following benefits
during his employment as Interim Town Manager:
a. Residence. The Town shall provide the Town Manager's residence located
at 2507 Arosa Drive for Zemler's use while employed as Interim Town Manager. The
Town shall be responsible for all capital maintenance and insurance for the residence.
Zemler shall be responsible for day-to-day living expenses such as personal property
insurance, phone/TV/internet, and snow removal. Utilities (water, sewer, electric, and
gas) will be retained in the Town of Vail account. The use of this residence ends with the
separation from employment unless otherwise agreed to in writing with the Town. The
Town will coordinate move-in, including initial cleaning services. The Town will also
provide a $15,000 payment at the commencement of the Start Date to cover transition
and moving expenses.
b. Leave. Zemler shall receive paid holidays, vacation leave and sick leave
earned in the same manner as employees of the Town at the pro-rated accrual rate of
7.63 hours per pay period (80% of FT accrual rate), which includes designated holidays,
for the duration of this Agreement, and shall have 10 days of vacation accrual available
on the Start Date.
c. Mobile Phone and Computer. The Town shall provide Zemler with a mobile
phone and computer to use for Town business during the term of this Agreement, or a
monthly allowance of $125 for the same. Upon termination, any Town-provided mobile
phone and computer shall be returned to the Town.
d. Vehicle Allowance. In exchange for Zemler's use of his personal vehicle for
travel to and from the Town and for other Town business, the Town will reimburse Zemler
in the amount of $500 per month in lieu of a mileage reimbursement. Use of a Town
vehicle may be provided where the employee is required to travel outside the local region
for Town business. If the Town provides Zemler with a Town vehicle for personal and
professional use, the vehicle will be in lieu of the vehicle allowance.
e. Retirement. Zemler shall be eligible to participate in the retirement
programs established by the Town in the same manner as all other full-time employees
of the Town, including the Town's 401(a) retirement plan at the highest contribution rate,
or Zemler shall be eligible for a cash equivalent.
f. Health Insurance Allocation. In lieu of health insurance, the Town shall
provide Zemler $200 per month for allocation toward health insurance expenses.
g. Life Insurance and Disability. The Town shall provide workers'
compensation insurance for Zemler as required by law. The Town shall provide short-
term and long-term disability for Zemler in the same manner as for all other full-time Town
employees. The Town shall provide Zemler with a $300,000 term life insurance policy.
h. Recreation. Should the Term extend into the 2022-2023 ski season, the
Town shall provide Zemler with the ski/fitness benefit provided to other full-time
employees (currently up to $800). The Town will additionally provide a $100 per month
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allowance toward an athletic club membership.
5. Hours of Work. It is recognized that the Interim Town Manager must devote a
great deal of his time outside normal office hours to the business of the Town. Zemler
shall be considered an exempt employee for purposes of the Fair Labor Standards Act,
and shall not be entitled to overtime.
6. Indemnification. The Town shall defend, hold harmless and indemnify Zemler
against claims and causes of action that may arise in the performance of Zemler's duties
for the Town in accordance with the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq., as amended.
7. Miscellaneous.
a. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
b. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
c. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
d. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
e. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre-paid, first class United States Mail
to the party at the address set forth on the first page of this Agreement.
f. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
g. Modification. This Agreement may only be modified upon written
agreement of the Parties.
h. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
i. Governmental Immunity. The Town and its officers, attorneys and
employees are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as
amended (the "Act"), or otherwise available to the Town and its officers, attorneys or
employees. In addition, while engaged in the performance of services under this
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Agreement and within the scope of his authority, Zemler shall be entitled to assert
immunity under the Act.
j. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Kim Langmaid, Mayor
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
EMPLOYEE
________________________________
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2022, by Stan Zemler.
My commission expires:
(S E A L)
________________________________
Notary Public
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TOWN MANAGER
Job Description
Job Summary:
The Town Manager serves as the chief executive and administrative officer of the Town,
responsible for the proper administration of all affairs of the Town. The Interim Town
Manager assumes the job description and associated responsibilities of the Town
Manager.
Supervision:
Works under the direction of the Town Council.
Essential Job Duties:
• Hires, suspends, transfers and removes Town employees on the basis of ability,
training and experience of such employee in the work which they are to perform.
• Serves as supervisor of all department heads and administrative staff.
• Attends Council meetings and, in an advisory capacity, participates in discussions
with the Council.
• Oversees preparation of an annual budget for Town Council approval and
assumes responsibility for said budget after its adoption.
• Makes financial recommendations to the Town Council for adoption and keeps the
Council advised of the financial and future needs of the Town.
• Prepares and submits to the Town Council a complete report on the finances and
administrative activities of the Town for the preceding year at the end of the fiscal
year and, upon request of the Town Council, makes written or verbal reports at
any time concerning the affairs of the Town.
• Establishes and maintains a system of accounting and auditing for the Town which
reflects, in accordance with generally accepted accounting principles, the financial
condition and financial operation of the Town.
• Becomes and remains familiar with all terms and conditions of all Town contracts,
and upon knowledge of any violation thereof, reports same to the Town Council
for such action and proceedings as may be necessary to enforce the same.
• Provides for engineering, architectural, maintenance, legal, planning, construction,
and other services as required by the Town.
• Works closely with the Town Council to implement its vision for the Town, and
serves as the liaison between the Town Council and Town staff.
• Assures representation for the Town on various boards, committees and
taskforces concerning relevant local, state and national issues.
• Represents the Town in local, regional, and statewide organizations.
• Manages meetings with staff, consultants, elected officials, developers, other
government organizations, and other individuals and groups.
• Performs such other duties as prescribed by ordinance or applicable law or as
required by the Town Council. Demonstrates proactive leadership on economic
development and retention, competitiveness, infrastructure, livability, and other
factors that help the Town achieve, maintain and improve its reputation as a
desirable place to live and work.
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Knowledge and Abilities:
• Knowledge of the principles and practices of organizational management and
public administration.
• Knowledge of the principles, practices, and legal requirements of personnel
management.
• Knowledge of the principles and practices of municipal budgeting, budget
preparation and fiscal administration.
• Knowledge of management analysis, methods of policy formulation and
implementation, and forms and records control including familiarity with basic
computer word processing, data basing and spreadsheet applications as they
relate to these issues.
• Ability to manage a professional staff of municipal employees.
• Ability to establish and maintain effective working relationships with employees,
Town officials, residents, public groups, other agencies and peers in other
communities.
Special License, Registration, or Certification Required:
Graduation from an accredited 4-year college or university with major coursework in
public administration or business administration supplemented by graduate study in
public administration or a related field and at least 5 years of municipal or county
administration or research experience involving a variety of management, fiscal,
personnel, and public relations activities or any equivalent combination of education and
experience.
Relationship of Town Council to Town Manager:
Except for the purpose of inquiries, individual Town Council members shall deal with the
Town staff solely through the Town Manager, and an individual Town Council member
shall not give orders to any subordinate of the Town Manager.
April 5, 2022 - Page 62 of 284
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 etter of S upport for F ederal Funds to S upport the Vail 2024 B attery Electric B us
P urchase and the C A S TA Statewide Transit I mprovement P roposal
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 L etter of
S upport.
B AC K G RO UND: Request for federal funds to support the Vail 2024 Battery E lectric Bus
P urchase and the C A S TA Statewide Transit I mprovement P roposal
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny L etter of S upport.
AT TAC H ME N TS:
Description
letter of support
April 5, 2022 - Page 63 of 284
The Honorable Michael Bennet The Honorable John Hickenlooper
261 Russell Senate Building Russell Senate Office Building
Washington, DC 20510 Suite SR-B85
Washington, DC 20510
March 30, 2022
RE: Request for federal funds to support the Vail 2024 Battery Electric Bus Purchase and
the CASTA Statewide Transit Improvement Proposal
Dear Senator Bennet and Senator Hickenlooper,
As the Mayor of the Town of Vail, I write to respectfully request your support in securing funds
through the Transit Infrastructure Grants account of the FY 2023 Transportation, Housing, and
Urban Development Appropriations bill to support the Vail 2024 Battery Electric Bus Purchase
and the Colorado Association of Transit Agencies (CASTA) Statewide Transit Improvement
Proposal. The Vail 2024 Battery Electric Bus Purchase will replace two diesel hybrid buses with
two battery electric buses and associated charging infrastructure.
The Vail 2024 Battery Electric Bus Purchase is a high priority for the Town of Vail because it
furthers the town’s goal of transitioning its entire bus fleet to zero-emission vehicles by 2032.
This project as well as the entire bus fleet transition is an important component in Vail and the
Eagle County community’s effort to reduce greenhouse gas emissions.
The Vail 2024 Battery Electric Bus Purchase, along with the other projects included in the
CASTA Statewide Transit Improvement Proposal, will help to create an integrated transit system
that meets the mobility needs of Coloradans. These projects will maximize the role of transit
within Colorado’s transportation system to enhance system capacity, promote intermodal
connectivity, and reduce vehicle miles travel and greenhouse gas emissions.
Please give the Vail 2024 Battery Electric Bus Purchase and the CASTA Statewide Transit
Improvement Proposal the highest consideration for funding.
Sincerely,
Kim Langmaid
Mayor, Town of Vail
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I T E M /T O P I C: Change order to existing contract with S E Group for completion of the Booth
Creek F uels Treatment NE PA.
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove change order with S E Group.
B AC K G RO UND: The contract with the S E Group for the B ooth Creek F uels Treatment NE PA
was structured as a phased project. T his change order represents phase 5 of the project.
S TAF F RE C O M M E ND AT IO N: A pprove change order with S E Group.
AT TAC H ME N TS:
Description
Staff Memo Re Booth Creek N E PA-S E Group Change Order
S E Group Change Order
April 5, 2022 - Page 65 of 284
To: Town Council From: Paul Cada, Wildland Program Manager Date: April 5, 2022 Subject: Booth Creek Fuels Treatment-NEPA Phase 5 Change Order
I. Purpose:
The purpose of this memo is to provide Council supporting information for a requested change
order to the existing contract between the Town of Vail and SE Group for the support of the
United States Forest Service completing an environmental review of the Booth Creek Fuels
Reduction Project.
II. Background
In 2020 the Town entered into a cooperative agreement with the United States Forest Service
(USFS) to jointly study the environmental impacts of proposed fuels treatments in the Booth
Creek area of East Vail. This area was identified as a high priority treatment area in to 2020 Vail
Community Wildfire Protection Plan (CWPP).
The Town entered into a service agreement with the SE Group to assist the USFS in completing
a National Environmental Policy Act (NEPA) review of the project area. To date the SE Group
has completed field studies of the area as well as helped to develop a proposed action which is
currently open for public comment.
III. Current Situation
Due to unforeseen costs, variable study requirements, and an extended study period, the Town
of Vail has chosen to execute the contract with SE Group in a phased approach. Phase 1 was
executed on August 13, 2020, and three subsequent change orders have been approved in
June, August and October of 2021. To date SE Group has completed all approved work in a
timely and professional manor. Their expertise in the NEPA process is a valuable asset to both
Town of Vail and USFS staff working on this project.
The attached change order requested for this contract will cover the public scoping, drafting of
final decision documents and costs for some previously out of scope work associated with
required project changes. The requested change order of $99,000 will bring the total contract
cost for the Town of Vail to $292,850. This amount is in the range of the original quote provided
by SE Group at the start of the project.
IV. Staff Recommendation
Approved the requested change order to the existing contract with SE Group in a form approved
by the Town Attorney.
V. Attachments:
1. SE Group Change Order
April 5, 2022 - Page 66 of 284
March 14, 2022
Ms. Kristen Bertuglia
Environmental Sustainability Director
Town of Vail
75 South Frontage Road
Vail, Colorado 81657
Transmitted via email: kbertuglia@vailgov.com
Re: Change Order for Preparing Environmental Assessment and Decision Document for the
Booth Creek Fuels Reduction Project
Ms. Bertuglia:
Sno.engineering, Inc. (d/b/a SE Group) is submitting this change order to the Town of Vail (TOV) for
continued third-party support of the Booth Creek Fuels Reduction project. Specifically, this change
order includes costs to prepare the Environmental Assessment (EA) and decision document on behalf
of the U.S. Forest Service White River National Forest (WRNF). In addition, this change order includes
out-of-scope fees required to modify the proposed action under the direction of the WRNF; to
participate in additional pre-scoping activities; and additional project management costs. This change
order amends the following contract and amendments:
• Scope of Work for Silviculture and Fuels Fieldwork and Analysis for the Vail Valley Forest
Health and Fuels Project, dated June 26, 2020, and executed August 13, 2020 (June 2020
SOW);
• Change Order to Support NEPA Public Scoping for the Booth Creek Forest Health and Fuels
Project Environmental Assessment, dated October 27, 2020, and executed January 21, 2021
(October 2020 SOW);
• Change Order for Resource Survey Fieldwork for the Booth Creek Fuels Reduction Project,
dated May 21, 2021, and executed June 15, 2021 (May 2021 SOW); and
• Change Order for Hydrology and Fire/Fuels Fieldwork and Reporting for the Booth Creek Fuels
Reduction Project, dated August 20, 2021, and executed October 7, 2021 (August 2021 SOW).
April 5, 2022 - Page 67 of 284
SCOPE OF WORK
PHASE 1: PROJECT MANAGEMENT
Our previous contract assumed a project completion date of September 30, 2021. The WRNF currently
anticipates completion by end of 2022. This change order assumes a completion date of December 31,
2022 and includes one hour per week of conference calls with the staff from the WRNF and/or TOV that
would be attended by both a Senior Project Manager and Staff team member. In addition, fees were
included for substantial coordination with the Forest Service to modify the Silviculture Technical Report
as the Forest Service fuels specialist and Forest Service silviculturist worked through their differing
objectives and analysis needs.
PHASE 2: GIS/MAPPING
SE Group prepared several rounds of maps for the WRNF during proposed action modifications, and
we have added to our GIS/Mapping budget to accommodate this task.
PHASE 3 : FIELDWORK, DATA COLLECTION, AND REPORTING
No additional fees are requested for this task at this time.
PHASE 4: SCOPING
We have continued to respond to the WRNF by incorporating changes to the proposed action treatment
prescriptions and polygons. In addition, after SE Group prepared the scoping notice and supporting
materials, the WRNF determined a Notice of Proposed Action (NOPA) would be required for scoping.
SE Group completed the out-of-scope task to convert the scoping materials to a NOPA. These changes
have also resulted in several rounds of edits to the Study Plan. The WRNF has now decided to hold
one in-person public meeting during the scoping period, which SE Group will attend. We have added to
our Scoping budget to accommodate these tasks.
PHASE 5: RTC/EA/DRAFT DECISION DOCUMENT
The WRNF has now determined that a “streamlined” EA process is possible; therefore, only a single EA
will be required. SE Group will prepare the EA, which will summarize the technical reports prepared in
Phase 3 as well as the following resources: air quality, scenery, recreation, wilderness, and Colorado
Roadless Areas. For the wilderness and Colorado Roadless Areas, we assume that minor adjustments
to the Minimum Required Decision Guide and Colorado Roadless Regional Application analyses will be
required. Should the level of effort be greater, this SOW would be amended.
SE Group will also include a Response to Comments (RTC) appendix that summarizes the comments
received during scoping and provides responses. As part of this phase, SE Group will prepare a draft
decision document. The EA, RTC, and draft decision documents will be released to the public for a 45-
day objection period. While we assume distribution of the documents will rely mostly on the WRNF
project website, SE Group will print six hard copies (two for SE Group, two for TOV, and two for
WRNF). It is not known at this time if objections will be received or how many; however, should the
WRNF request SE Group’s assistance for handling objections, this SOW would be amended.
April 5, 2022 - Page 68 of 284
PHASE 6: FINAL DECISION DOCUMENT
Following the objection period and objection resolution period, if applicable, SE Group will prepare the
final decision document and arrange for printing six hard copies (two for SE Group, two for TOV, and
two for WRNF).
ANTICIPATED FEES
All work performed on this project will be billed on an hourly basis in accordance with our published
hourly rates and in accordance with our Professional Services Agreement. Our current estimate to
complete the tasks described above is $99,000, for a total project budget of $292,850. A breakdown of
our fee is provided in the table below.
Fees for the Booth Creek Fuels Reduction NEPA Process
Project Phase Previous
Contracts
March 2022
SOW Total Fee
Phase 1: Project Management $25,000 $35,000 $60,000
Phase 2: GIS/Mapping $11,000 $2,000 $13,000
Phase 3:
Field Surveys
and Technical
Reporting
Silviculture/Fuels $34,100 - $34,100
Wildlife/Botany/Wetlands $48,100 - $48,100
Hydrology $26,100 - $26,100
Cultural $6,600 - $6,600
Fire/Fuels $17,500 - $17,500
Phase 4: Scoping $25,000 $17,000 $42,000
Phase 5: RTC, EA, Draft Decision
Document - $37,000 $37,000
Phase 6: Final Decision Document - $5,000 $5,000
SE Group and Subconsultant Subtotal $193,400 $96,000 $289,400
Direct Expenses $450 $3,000 $3,450
Total 193,850 $99,000 $292,850
The proposed Project Budget has been illustrated by tasks to depict the sequential steps and provide context. SE Group
reserves the right to reallocate budget among tasks, as needed, as long as the total budget is not exceeded.
April 5, 2022 - Page 69 of 284
CONCLUSION
If this meets with your approval, we are prepared to sign a new Agreement for Professional Services.
Respectfully Submitted,
Sno.engineering, Inc. (d/b/a SE Group)
Ashley L. Smith
Senior Project Manager
Travis Beck
Director of Environmental Services
April 5, 2022 - Page 70 of 284
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 the Ford P ark West B etty F ord Way P aver
P roject.
AC T IO N RE Q UE S T E D O F C O UNC I L: Direct the Town Manger to enter into a construction
contract in a form approved by the Town A ttorney with Hallmark I nc in the amount of $994,387 for
the F ord Park West Betty Ford Way Paver P roject.
B AC K G RO UND: The funding for the F ord Park West Betty Ford Way Paver P roject is included
in the 2022 Real E state Transfer Tax, Recreation P ath Maintenance Account. The 2022 budgeted
amount in this account is $1.2M. T he $994,387 bid is substantially lower than the budget amount.
S TAF F RE C O M M E ND AT IO N: Direct the Town Manger to enter into a construction contract in a
form approved by the Town A ttorney with Hallmark I nc in the amount of $994,387 for the Ford P ark
West B etty F ord Way P aver Project.
AT TAC H ME N TS:
Description
Memorandum
April 5, 2022 - Page 71 of 284
To: Vail Town Council
From: Department of Public Works
Date: April 5, 2022
Subject: Request to Award Contract – Ford Park West Betty Ford Way Paver Project
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 $994,387 for the Ford Park West Betty Ford Way Paver
Project.
II. BACKGROUND
In Ford Park concrete unit pavers were installed on the east and central portions of Betty
Ford Way in 2012 and 2015 respectively. Installation of pavers on the west portion of
Betty Ford Way were omitted for reasons of funding and to allow for the construction of
the Betty Ford Alpine Gardens Education Center. The West Betty Ford Way Paver
Project was put out to competitive bid on March 4, 2022 with 2 bidders responding on
March 22, 2022. The lowest bid of $994,387 was submitted by Hallmark Inc, Denver, CO
and has been identified as a responsible bid.
III. BUDGET INFORMATION
The funding for the Ford Park West Betty Ford Way Paver Project is included in the 2022
Real Estate Transfer Tax, Recreation Path Maintenance Account. The 2022 budgeted
amount in this account is $1.2M. The $994,387 bid is substantially lower than the budget
amount. Additional expenditures for landscaping will occur in the spring of 2023 but
overall, the project is expected be remain significantly under budget.
IV. PROJECT SCHEDULE
The contractor has provided a schedule to mobilize construction equipment and begin
work on April 18, 2022. The work is being divided into 2 phases. Phase 1, the removal
of the existing asphalt and installation of the new concrete sub-slab and timber guardrail
will be complete by May 25. Phase 2 will include installation of the pavers and occur
from September 6, 2022 to mid-October 2022. The West Betty Ford Way will be closed
for the duration of each phase of the construction period. Ford Park lease holders have
been notified and will make accommodations in their operations. The first scheduled
concert at the Ford Amphitheater will occur on May 21, 2022. The contractor will
accommodate vehicles for loading and unloading as needed.
April 5, 2022 - Page 72 of 284
Town of Vail Page 2
V. ACTION REQUESTED BY COUNCIL
Staff requests the Council to 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 $994,387 for
the Ford Park West Betty Ford Way Paver 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 $994,387 for the Ford Park West Betty Ford
Way Paver Project.
April 5, 2022 - Page 73 of 284
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 ntermountain P ainting for Top Deck Village Structure
P ainting
AC T IO N RE Q UE S T E D O F C O UNC I L: Direct the Town Manger to enter into a construction
contract in a form approved by the Town A ttorney with I ntermountain Painting in the amount of
$86,390.00 for the top deck of the Village Structure.
B AC K G RO UND: S taff received 2 bids for the Vail Village Parking S tructure painting project.
P ainting included in this project is the top deck of the Village P arking Structure for all vent stacks,
railings and buildings that are currently green. The project is scheduled to be completed by
S eptember 15, 2022.
S TAF F RE C O M M E ND AT IO N: Direct the Town Manger to enter into a construction contract in a
form approved by the Town A ttorney with I ntermountain Painting in the amount of $86,390.00 for
the top deck of the Village S tructure.
AT TAC H ME N TS:
Description
Memo
April 5, 2022 - Page 74 of 284
To:
From:
Date:
Subject:
Town Council
Public Works
04/05/2022
Vail Village Parking Structure Painting
I.ITEM/TOPIC
Vail Village Parking Structure Painting
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manger to enter into an agreement with Intermountain Painting to
complete the painting on the top deck of the Vail Village Parking Structure.
III.BACKGROUND
Staff received 2 bids for the Vail Village Parking Structure painting project. The project is
budgeted with the Facility Capital budget. Painting included in this project is the top deck
of the Village Parking Structure for all vent stacks, railings and buildings that are
currently green. The project is scheduled to be completed by September 15, 2022.
IV.STAFF RECOMMENDATION
Authorize the Town Manger to enter into a n agreement, in a form approved by the Town
Attorney, with Intermountain Painting to complete the painting of the top deck of the Vail
Village Parking Structure in the amount of $86,390.00.
April 5, 2022 - Page 75 of 284
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 Drop Mobility for Regional E lectric Bike S hare P rogram
AC T IO N RE Q UE S T E D O F C O UNC I L: A uthorize the Town Manager to enter into an
agreement in a form approved by the town attorney with Drop Mobility in amount not to exceed
$174,400 for the execution of the Regional E lectric Bike S hare P rogram in 2022.
B AC K G RO UND: Following the 2020 E lectric Bike S hare P ilot Program, Vail Town Council
allocated $175,000 in the 2022 budget for staff to launch a larger, regional electric bike share
program in collaboration with Town of Avon and EagleVail Metro District.
S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement in a
form approved by the town attorney with Drop Mobility in amount not to exceed $174,400 for the
execution of the Regional E lectric Bike S hare P rogram in 2022.
AT TAC H ME N TS:
Description
Regional Electric Bike Share Contract Memorandum
April 5, 2022 - Page 76 of 284
To: Vail Town Council
From: Environmental Sustainability Department
Date: April 5, 2022
Subject: Regional Electric Bike Share Program Contract
I.Purpose
The purpose of this memo is to request the Vail Town Council to award the regional electric bike
share contract to Drop Mobility in the amount of $174,400 for the 2022 regional electric bike
share program.
II.Background
Following the 2020 Electric Bike Share Pilot Program, Vail Town Council allocated
$175,000 in the 2022 budget for staff to launch a larger, regional electric bike share
program in collaboration with Town of Avon and EagleVail Metro District.
Following the release of an RFP in January 2022, staff received five proposals from
electric bike share companies. The proposals were reviewed using a rubric by town staff
and partner communities and reference checks were conducted on each of the
responding vendors. Following an interview process with each of the five respondents,
the selection committee comprised of Town of Vail Environmental Sustainability
Department staff and representatives from Town of Avon and EagleVail Metro District,
Drop Mobility was selected as the vendor to provide the turnkey electric bike share
system in Vail, Avon and EagleVail from May 20 – October 31, 2022. The Drop Mobility
proposal maximized the budget to provide the largest system possible and provided the
most robust operations plan with a demonstrated understanding of this community. The
selection committee determined Drop Mobility is the best vendor of those who
responded to provide a high quality, effective and robust electric bike share system.
The total budget from Drop Mobility is $249,200. Each partner community will contribute
the following amount for 2022: Vail- $174,400; Avon- $49,840; and EagleVail- $24,920.
The proposal includes leasing of 90 electric bikes and 15 stations throughout the three
communities for 2022. Hardware will be distributed proportionately to funding allocations
per community. Vail will receive 63 bikes and 10 stations, Avon 18 bikes and 3 stations,
and EagleVail 9 bikes and 2 stations. Additional stations may be created using existing
bike rack infrastructure. The budget also includes:
•deployment,
April 5, 2022 - Page 77 of 284
Town of Vail Page 2
• hardware: bikes, racks, wayfinder signage, spare batteries, tools, and spare
parts,
• software customization: including website, mobile app, and dashboard
• software platform fees: dashboard, app and website maintenance, hosting, data
fees, GPS, etc.
• all operations by a local team: including maintenance, daily rebalancing, charging
via swappable batteries, customer service, leasing and running local
maintenance shop (or partnering with existing local bike shop), labor costs
• administrative costs,
• off-season storage at the Colorado Springs warehouse,
• marketing and community outreach.
Drop Mobility will work closely with the partner communities of Vail, Avon and EagleVail
to prepare for successful implementation, including identification of the most effective
locations for stations and developing a pricing structure to reflect community needs,
including tiered pricing for locals and low to moderate income levels. Staff will work with
Drop Mobility to provide outreach to the local bike shops to for input on pricing and
education and outreach to inform users of the differences between e-bike share
programs (commuting, shorter rides) and e-bike rental programs (longer excursions,
multi-day usage, recreation, etc.). Ideally this will create a complimentary program to e-
bike rental and sales through local bike shops. The e-bike share program will launch on
May 20, 2022 and run through October 31, 2022.
III. Action Requested of Council
Staff requests the Vail to Town Council to direct the Town Manager to enter into an
agreement in a form approved by the town attorney with Drop Mobility in amount not to
exceed $174,400 for the execution of the Regional Electric Bike Share Program in
2022.
April 5, 2022 - Page 78 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: 2022 W ildfire Mitigation Award to Vail F ire's P aul Cada
B AC K G RO UND: Nation's L eading W ildfire Management Group recognized Vail Fire's Paul
Cada as the recipient of the 2022 W ildfire Mitigation Award.
April 5, 2022 - Page 79 of 284
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 Update
April 5, 2022 - Page 80 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: 2022 Community Survey Update
April 5, 2022 - Page 81 of 284
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 ire Free Five Community A ssistance Program
P RE S E NT E R(S ): Mark Novak, F ire Chief
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove Fire F ree F ive Community Assistance
P rogram
B AC K G RO UND: Creating a 5' non-combustible zone (F ire Free Five) around a building is one
of the most important actions that can be taken to reduce the risk of structural loss due to wildland
fire. Town Council directed staff to establish a program to help offset the cost associated with
creating a 5' non-combustible zone around structures.
S TAF F RE C O M M E ND AT IO N: A pprove Fire F ree F ive Community Assistance P rogram
AT TAC H ME N TS:
Description
Fire Free Five Community Assistance Program Staff Memo
Presentation
April 5, 2022 - Page 82 of 284
To: Vail Town Council
From: Mark Novak, Fire Chief
Date: April 5, 2022
Subject: Fire Free Five Community Assistance Program
I. Purpose:
The purpose of this memo is to describe the establishment and implementation of a
funding program to reimburse property owners for costs associated with implementing
the Fire Free Five.
II. Background
Creating a 5’ non-combustible zone is one of the most important actions a property
owner can take to reduce the risk of structural loss due to wildland fire. Preventing such
loss is particularly important in the Town of Vail due to the proximity of structures to
each other, which increases risk of a wildland fire initiated wildland-urban conflagration.
On March 15, 2022, the Vail Town Council directed Vail Fire and Emergency Services
Staff to establish a program to help offset the cost associated with creating a Fire Free
Five (FFF) around structures in the Town of Vail.
III. Proposed Program-Fire Free Five Community Assistance Program
A. Allocate Real Estate Transfer Tax funds to create a Town of Vail funded
opportunity to offset the costs associated with creating the Fire Free Five
around structures. The requested funding for this program for 2022 is $150,000.
This funding is included in the second reading of the March 2022 Supplemental
(Ordinance No. 3, series of 2022).
• Additional funding may be requested in subsequent years based upon
community usage of this program.
B. The program will be known as the Fire Free Five Community Assistance
Program (FFFCAP).
C. The FFFCAP will be structured to reimburse property owners for 75% of the
costs of labor and materials (25% cash match) associated with implementing the
FFF up to specified limits based upon the type of structure.
April 5, 2022 - Page 83 of 284
Town of Vail Page 2
D. The proposed limits are as follows:
a. Single Family Dwelling: $ 2,000 maximum
b. Duplex: $3,000 maximum
c. Multi-family dwelling/complex 1-20 units: $5,000 maximum
d. Multi-family dwelling/complex > 20 units: $10,000 maximum
e. Commercial structure: $5,000 maximum
Creation of the FFF around outbuildings is an eligible expense but will not be
eligible for a separate reimbursement.
E. The rebate process will be as follows:
1. Property owner submits a FFFCAP application to VFES
2. VFES staff conducts an evaluation of existing conditions and issues a tree
removal permit if necessary.
a. VFES staff will ensure joint property signoff for projects involving more
than one owner.
b. Staff will provide information on considerations for nesting wildlife.
3. Property owner completes activities necessary to create FFF around entire
structure.
4. VFES staff conducts follow-up evaluation to confirm that FFF implementation
is complete.
5. Property owner submits receipts for contracted labor and materials to VFES
(receipts must be submitted within 90 days of initial FFFCAP site evaluation).
6. TOV Finance Department processes payment to property owner.
IV. Staff Recommendation
Approve the establishment and funding of the Fire Free Five Community Assistance
Program in the amount of $150,000.
April 5, 2022 - Page 84 of 284
Fire Free Five
Community
Assistance
Program
Mark Novak-Fire Chief
Paul Cada-Wildland
Program Manager
April 5, 2022 - Page 85 of 284
Fire Free Five Community Assistance Progra m (FFFCAP)
Town of Vail | www.vailgov.com/fire |
•Program is developed to provide financial assistance to community
members implementing the Fire Free Five
•Proposed funding of $150,000 for 2022
•Program will reimburse 75% of costs for labor and materials up to
specified limits
a.Single Family Dwelling: $ 2,000 maximum
b.Duplex: $3,000 maximum
c.Multi-family dwelling/complex 1-20 units: $5,000 maximum
d.Multi-family dwelling/complex > 20 units: $10,000 maximum
e.Commercial structure: $5,000 maximum
April 5, 2022 - Page 86 of 284
Fire Free Five Community Assistance Process
Town of Vail | www.vailgov.com/fire |
1.Property owner submits a FFFCAP application to VFES
2.VFES staff conduct an evaluation of existing conditions and issue a tree removal permit if necessary
a.VFES staff will ensure joint property signoff for projects involving more than one owner
b.VFES staff will provide information on considerations for nesting wildlife.
3.Property owner completes (or contracts) activities necessary to create FFF around entire structure
4.VFES staff conduct follow-up evaluation to confirm that FFF implementation is complete
5.Property owner submits receipts for contracted labor and materials to VFES
•Receipts must be submitted within 90 days of initial FFFCAP site evaluation
6. Finance issues payment to the property owner
April 5, 2022 - Page 87 of 284
Questions?
Town of Vail | www.vailgov.com/fire |
April 5, 2022 - Page 88 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Short-Term Rental S tudy - Part 4
P RE S E NT E R(S ): Alex J akubiec, Finance Department; and A ndrew K nudtsen, Economic &
P lanning S ystems I nc
AC T IO N RE Q UE S T E D O F C O UNC I L: Please provide feedback to staff regarding ordinance
changes as a result of the short-term rental study.
B AC K G RO UND: The purpose of this memorandum is to revisit policy changes recommended
for consideration at the March 15th presentation of the short-term rental study. These
recommendations we based on feedback heard during the short-term rental study conducted by
R R C Associates and Economic & P lanning S ystems I nc.
S TAF F RE C O M M E ND AT IO N: Please provide feedback to staff regarding ordinance changes
as a result of the short-term rental study.
AT TAC H ME N TS:
Description
Short-Term Rental Study - Part 4
Short-Term Rental Study - Part 4 P P
public input
April 5, 2022 - Page 89 of 284
__________________________________________________________________________
Memorandum
TO: Town Council
FROM: Finance Department
DATE: April 5, 2022
SUBJECT: Short-Term Rental Study
I. SUMMARY
The purpose of this memo is to propose policy change recommendations to the current short-
term rental ordinance based on the conclusion of data and analysis from the short-term rental
(STR) study presented at the January 18, February 15, and March 15, 2022, Vail Town Council
Meetings. Council indicated their support at the last meeting to increase penalties for violations,
increase fees for registrations, create requirements for increased insurance and fire safety
inspections. This memo focuses on further discussion on a potential cap for STR registrations in
business license Zone 2 and requests feedback on new fees to fund housing initiatives.
II. BACKGROUND
Conclusions of the Short-Term Rental Study
Throughout the short-term rental study, a considerable amount of data and analysis was
presented on short-term rental activity in the Town of Vail. To summarize, the study reviewed
current regulations, real estate market impacts, peer community approaches to regulation, and
the granular location densities and inventory composition of the registered STR properties
throughout town.
Below is a summary of key findings from the 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 (one-third) 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 census data; this did not change
significantly between 2010 and 2019
Saturation of STRs in business license 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
April 5, 2022 - Page 90 of 284
Data suggests that though the full-time resident population in Vail has increased, the
population of locals aged 18-34 has declined
The number of owner-occupied housing units increased from 2010 to 2019, while the
number of long-term rentals decreased resulting in a net loss of 162 local occupied
rental housing units
III. DISCUSSION
The study has presented the challenges that come with managing STR activity while trying to
address local housing availability. In this discussion, we will revisit registration limits (“caps”), as
well as the different types of fees the town could implement for STR registrations. In response
to questions raised during the last Council meeting, staff is providing further context for a
registration limit.
Registration Limits (“Caps”)
At the February 15 Council meeting, two options for limiting STR registrations in business
license Zone 2 were discussed with the Town Council requesting further clarification and
consideration of a limit or “cap.” The below “Options” are the same as proposed on March 15th:
Option 1:
In Zone 2, no more than 20% of units in a multi-unit building or complex governed by a
common HOA with 6 or more units may obtain an STR registration – unless the unit is a
fractional property or in a building with a 24/7 front desk present. This type of cap has
been implemented in other places in an attempt to counter “distortions” of the housing market
impacted by STR activity. The City of Minneapolis limited total registrations in buildings with 20
units or more to no more than 10% of available units. Their Business, Inspections, Housing and
Zoning Committee identified this ordinance as a “safeguard [for] the availability of affordable
housing for low-income residents.” In 2021 in the Town of Vail, attached housing products (all
residential units other than single-family homes) had a median sale price 11% lower than the
overall median sale price of $1.4M. The properties located in these types of structures are
therefore more attainable to low and median-income earning residents than single-family
residences.
Option 2:
Rather than limiting registrations by building or development, limit the overall number of
registrations in Zone 2 (or in specific neighborhood areas) to their current level. This
option would not depend on the home type as option 1 would require. Zone 1 consists of
properties primarily located in the resort village areas, while zone 2 is the outlying areas of town.
Staff recommends adopting this with the same exemptions listed above and one additional
exemption:
A. Beginning January 1st, 2025, units that have been owned continuously by the same
person or entity for a period of not less than 5 years immediately before the registration
application date, shall be exempted from the registration cap. Staff recommends this
April 5, 2022 - Page 91 of 284
exemption to reduce the potential undesirable side effect of second homes which may
remain vacant if not allowed to rent short-term. This would also curtail buyers only
interested in STR properties as a source of revenue. It would also limit new STRs to
owners which have been invested in the community and individual neighborhoods for a
significant period.
Staff recommends considering these options as a way to limit potential speculative
buying of properties by new owners interested in converting units into an STR
“business.” Requiring a 5-year ownership period prior to newly registering an STR would
impact the potential revenue flow of a prospective buyer while limiting registrations in
multifamily buildings would target more affordable housing options.
Both options would limit STR registrations to a level similar to where they are now, thus
reducing the potential impacts on neighborhood character caused by further STR
registrations in Business License Zone 2.
These options are not mutually exclusive and could be combined. Because this type of
limitation on STR activity in mountain towns is relatively new, staff recommends
revisiting the efficacy of such ordinance periodically.
Tiered Registration Fees
The Town of Vail’s current registration fees are lower than peer communities and are well below
the town’s administrative costs for STR enforcement. Staff recommends using a tiered fee
structure based on impact levels and usage. At the last council meeting, Town Council
expressed support for the following base fees for STR registrations.
Base Fees to Cover Administrative Costs
The estimated $352k in base fees would cover the following administrative costs at the town:
a. STR registration and compliance software fees
b. The salary of the full-time Short-Time Rental Specialist employee
c. Legal and other administrative costs
d. Costs related to responding to STR complaints, including fire department and code
enforcement staff time
Annual Estimated
Revenue
Fractional Managed by Owner $25 Per Owner $2,000
Fractional Managed by Front Desk $150 Per Unit $25,000
Owner Occupied, Primary Residence
30-Day Registration $25 $2,500
Owner Occupied, Primary Residence STR $150 $22,500
Non-Primary Residence STR $150 $300,000
$352,000
Base Fees (to cover Admin costs)
April 5, 2022 - Page 92 of 284
e. The anticipated costs of the proposed fire safety inspection requirement for STR
registrations
Per Bedroom Fees to Fund Local Housing Initiatives
Town Council also expressed support at the last meeting toward adopting a per-bedroom fee to
fund housing initiatives. As covered previously by the fee nexus study, guests staying in STRs
spend money in the local economy. This spending is primarily in the retail, food and beverage,
and recreation industries which supports jobs that do not pay enough for employees to afford
market-rate housing in the town. The basis of this fee is therefore the gap between what
employees can afford and the cost to purchase an attached home in Vail. The calculation also
accounts for the possibility that a home used as an STR could be occupied by a local resident,
and the fee is further based on the difference between the impact of guest spending on the local
economy versus the baseline impact of local residents spending. The charts below show a few
options for per bedroom fees, based on the maximum fee of $5,912.
Staff recommends considering a lower per-bedroom fee for owner-occupied primary
homes and fractional owner registrations, a total of 460 units would apply.
Description
Fee Per
Bedroom
Est. Annual
Revenue
Maximum Annual Fee $5,912 5,700 bedrooms
Mitigation Rate
15% $900 $5,130,000
20% $1,200 $6,840,000
25% $1,500 $8,550,000
30% $1,800 $10,260,000
35% $2,100 $11,970,000
40% $2,400 $13,680,000
45% $2,700 $15,390,000
50% $3,000 $17,100,000
Source: Economic & Planning Systems
April 5, 2022 - Page 93 of 284
The revenue generated by the per bedroom fee would be allocated to the town’s Housing Fund
for investment in housing initiatives, developments, and programs.
To provide context on how these fees may impact STR revenues, the following chart
shows average nightly advertised rates in zone 1 and 2 and potential STR unit revenues
based on different levels of rental activity.
At $2,000 per bedroom, the total base fee and per bedroom fee for an average unit in business
license zone 2 would be $5,550 per year. This is estimated to be more than 10% of the average
revenue generated per STR unit in Town. With the recommended lower fees for owner-
occupied primary residences, the average annual fee would be $295 for a 30-day or less rental
or $405 for unlimited host-present rentals.
IV. CONCLUSION
The short-term rental study has analyzed data across several areas of interest to help
understand a broad scope of the short-term rental industry and re-examine our current town
ordinance. Staff has identified multiple areas of adjustments in town policy to meet the Council’s
expressed interest to amend the short-term rental ordinance. In summary, the policy
recommendations address life safety standards, complaints and violations, registration fees,
improving compliance, and the impacts of STRs on long-term housing availability.
Description
Fee Per
Bedroom
Est. Annual
Revenue
Maximum Annual Fee $5,912
5,700 bedrooms with
460 at reduced rate
Mitigation Rate
15% $900 $4,852,000
20% $1,200 $6,454,000
25% $1,500 $8,056,000
30% $1,800 $9,658,000
35% $2,100 $11,260,000
40% $2,400 $12,862,000
45% $2,700 $14,464,000
50% $3,000 $16,066,000
Average
Nightly
Rate
Average # of
Bedrooms
per STR
Est. Revenue
@ 30 Nights
Per Year
Est. Revenue
@ 100 nights
per year
Est. Revenue
@ 200 nights
per year
Est. Monthly
Avg. Rental
Rate Per
Bedroom
Est. Annual
Avg. Revenue
for Long‐Term
Rental
Zone 1 $1,096 2.3 $32,894 $109,645 $219,290
Zone 2 $499 2.7 $14,981 $49,938 $99,876 $1,350 $43,740
April 5, 2022 - Page 94 of 284
V. ACTION REQUESTED OF COUNCIL
Please provide feedback and direction to staff regarding these recommendations for policy
updates to the short-term rental ordinance.
1. Does the Council wish to implement a limit to the number of registrations in
business license Zone 2 or in more specific neighborhood areas? Is there a
preference for the method of limiting registrations i.e. Option 1 or 2?
During the March 16th meeting, Town Council was supportive of the following items, however,
staff is requesting additional feedback or confirmation of support as we draft an ordinance that
will be presented on April 19th:
1. Council supported increasing fines and penalties for violations of the STR
code to $1,500 and $2,650 and supported late fees for registration renewals
of $2,650.
2. Council supported increasing fees to cover administrative costs, but does
Council also support increasing fees to offset term long-term housing
impacts? At what level? Does the Council wish to implement tiered fees and
registrations with reduced rates for primary residences occupied by local
owners and fractional units?
3. Council supported an update to health and safety standard requirements for
STRs including
a) Fire department inspections
b) Insurance requirements
c) Occupancy limits
4. Council was supportive of the administrative change to remove local
representative requirements for fractional units and units with 24/7 onsite
management.
April 5, 2022 - Page 95 of 284
SHORT-TERM RENTAL PROPOSED POLICY RECOMMENDATIONS April 5, 2022 - Page 96 of 284
1Town of Vail | Finance | 4/5/2022 SHORT-TERM RENTAL POLICY CONSIDERATIONSCaps / LimitsBase fee to cover administrative costsMitigation fee to address housing impactsViolations and late feeHealth and Life Safety InspectionsApril 5, 2022 - Page 97 of 284
2Town of Vail | Finance | 4/5/2022 REGISTRATION LIMITSLimit Registrations in Zone 2 Unless Owned for 5 years or More–Set the limit to existing level; (Approximately 20%); no new registrations unless owned by same person/entity for 5+ years–Could curtail the potential speculative buying of properties for the purpose of conversion into STRs–Requires STR owners to “invest” in the community and neighborhood for a long period before operating an STR–May help to preserve neighborhood characterApril 5, 2022 - Page 98 of 284
3Town of Vail | Finance | 4/5/2022 REGISTRATION LIMITSLimit Density in Multi-Unit Buildings & Complexes in Zone 2–Limit STR registrations to no more than 20% of units in a building or complex governed by a common HOA with 6 or more units–Similar measures have been implemented in other communities to address “distortions” in the housing market caused by STRs–Minneapolis implemented a 10% cap on buildings with 20 or more units as a “safeguard [for] the availability of affordable housing for low-income residents.” –Attached housing in Vail has a median sale price 11% lower than the overall median price of $1.4M April 5, 2022 - Page 99 of 284
4Town of Vail | Finance | 4/5/2022 BASE REGISTRATION FEESFlat Rate Base Fee to Cover Town of Vail Administrative Costs - $352KLower fees for owner-occupied, primary residences which are rented for 30 days or fewer per year; and fractional units, managed by the owner and rented for 30 days or fewer per year.April 5, 2022 - Page 100 of 284
5Town of Vail | Finance | 4/5/2022 PER-BEDROOM FEERevenue from this fee would be dedicated to housing fund initiatives. Staff is requesting clarification on the fee rate Council would like to imposeDescriptionFee Per BedroomEst. Annual RevenueMaximum Annual Fee $5,9125,700 bedrooms with 460 at reduced rateMitigation Rate15% $900 $4,852,00020% $1,200 $6,454,00025% $1,500 $8,056,00030% $1,800 $9,658,00035% $2,100 $11,260,00040% $2,400 $12,862,00045% $2,700 $14,464,00050% $3,000 $16,066,000A $2,000 per-bedroom fee would cost the average STR in business license zone 2 $5,550 per year.Staff recommends a lower rate of $100 per bedroom for owner-occupied, primary residences and fractional units. April 5, 2022 - Page 101 of 284
6Town of Vail | Finance | 4/5/2022 PER BEDROOM FEE Average Nightly Rate Average # of Bedrooms per STREst. Revenue @ 30 Nights Per YearEst. Revenue @ 100 nights per yearEst. Revenue @ 200 nights per yearEst. Monthly Avg. Rental Rate Per BedroomEst. Annual Avg. Revenue for Long‐Term RentalZone 1 $1,096 2.3 $32,894 $109,645 $219,290Zone 2 $499 2.7 $14,981 $49,938 $99,876 $1,350 $43,740The below table based on actual STR advertised nightly rates in Vail provides context on how these fees could impact STR ownersApril 5, 2022 - Page 102 of 284
7Town of Vail | Finance | 4/5/2022 HEALTH AND LIFE SAFETY STANDARDSFire Department Inspections–Require an in-person safety inspection every three years–Exempt units with 24/7 onsite management and those in buildings already inspected by the fire department for commercial purposes–Most safety standards are already required by codeProof of Adequate Insurance–Require proof of insurance beyond a standard home-owners policyUpdate Current Local Representative Requirements–Exempt fractional units and 24/7 onsite managed units from the requirement to increase compliance April 5, 2022 - Page 103 of 284
8Town of Vail | Finance | 4/5/2022 DISCUSSION AND NEXT STEPSDiscussion – Does Council Wish to Adopt the Following: –Registration limits?–Per-bedroom fees for housing?At the prior meeting, Council was supportive of the following items. Does Council wish to provide additional feedback or confirmation of support:–Increase base fees to cover admin costs?–Increase fines and penalties for violations?–Fire department inspections?–Insurance requirements?–Update local representative requirements?April 5, 2022 - Page 104 of 284
9Town of Vail | Finance | 4/5/2022 NEXT STEPS–Provide further analysis as requested by council–Return to council with a draft ordinance on April 19th–Draft resolution for adoption of new feesApril 5, 2022 - Page 105 of 284
Dear Town of Vail,
I am writing as a concerned Vail resident about the increase in short term rental properties in residential neighborhoods of Vail. I, along with many other
residents, am asking for the Town's help in establishing guidelines and more robust rules to limit the exploding short term rental market, which we all know
is hurting our full time residents and seasonal workers. Rules such as:
- limiting the overall number of short term rentals allowed in residential areas of Vail
- requiring written request and approval of short term rentals by duplex home owners
- no grandfather clauses for properties currently managing short term rentals with the introduction of potential stricter policies by the Town of Vail
My husband and I have been residents of East Vail for 14 years, and homeowners for 12 years. Over the past several years, we have seen a degradation
of property as the number of short term rentals in the neighborhood has escalated without regulation.
We have invested a tremendous amount of time, energy, love, and money over the past twelve years in both the interior and exterior of our home, making
it a place we are proud to raise our family, and it is now valued as a multimillion dollar home. Although a separate structure, we are zoned as a duplex and
share a driveway with our neighbor, and every single improvement we have done to our property (driveway resurfacing, new roof, new deck, painting,
landscaping, rockwall redesign, driveway lights and address markers, as only a few exterior examples) has involved the approval of our duplex neighbor
and TOV. So, you can imagine our disappointment when our neighbor sold his property to his son at the end of 2021, and the new owner made the
decision to deteriorate the property by turning the house into a short term rental property without any approval or discussion with us as their “duplex”
neighbor. How is this appropriate???
In the last three months, our peaceful East Vail home has drastically changed, and we presently feel as if we have no control of the experience of our
home that we own. We have now turned into the welcoming committee of the "guests" of our Florida neighbor. The majority of the short term renters
come banging on our front door, or try breaking in, as they believe they are at the rental property. As visitors, they pull into our shared driveway after late
night partying, and are loud and disruptive to a family trying to get sleep and prepare for school and workdays. As short term renters, they are
disrespectful to our property (in which we have invested greatly), urinating in the shared driveway, littering with cigarette butts all over the shared driveway
and yard, and despite multiple conversations with the new homeowners, there are constant issues with guests parking cars outside of their garage and
hindering access to our own home. They even have large RVs and sprinter vans come and park in the driveway. We are tired of everyday wondering if
we are going to be able to get in/out of our garage to access our home or get to work on time. We are also concerned over the safety of our young
children who play in the shared driveway and yard.
Our Vail family is asking for your help in reclaiming the joy and peacefulness of being a Vail homeowner by placing restrictions on short term rentals in
residential areas. Please do not drive away the core of this community by ignoring this growing problem.
With gratitude,
Joy Guth
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: TOV short term rental concerns
Date:Monday, April 4, 2022 3:59:49 PM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Joy JS Guth <joyguth@gmail.com>
Sent: Monday, April 4, 2022 3:08 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: TOV short term rental concerns
April 5, 2022 - Page 106 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Letter from the Vail Board of REALTORS
Date:Monday, April 4, 2022 12:53:35 PM
Attachments:image002.png
image003.png
image004.png
image005.png
image006.png
image007.png
image014.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Amy Reid <areid@vbr.net>
Sent: Monday, April 4, 2022 12:50 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Letter from the Vail Board of REALTORS
April 5, 2022 - Page 107 of 284
April 4, 2022
Vail Town Council
75 S Frontage Road West
Vail, CO 81657
VIA EMAIL
Dear Council Members:
The Vail Board of REALTORS absolutely agrees and supports the efforts, including the most
recent study conducted by the Town of Vail and its consultants, to help identify potential
solutions to our housing challenges. However, we are eager to find solutions that do not
infringe upon or change the private property rights of our community’s current or future
homeowners.
To be clear, the current discussion around regulations, fines and limiting registrations
for short-term rentals in our market as a solution is nothing more than an infringement
on private property rights. The proposed solutions are highly speculative and unproven
in other communities around the country. If implemented, the most likely result is
simply more strain on the local housing market. Simply put, short-term rentals are not
the cause of our problems.
We believe further discussion around this issue is necessary for our business and
community leaders along with elected officials to find creative solutions to increase the
supply of diverse housing for our growing market. We do not have a short-term rental
problem; we have a housing supply problem.
A healthier housing market is only going to be developed by creating and implementing
innovative solutions that increase the supply of diverse housing products. We have a great
example of a creative solution in the Miller Ranch Development.
Our problem has been and remains the lack of a diverse range of housing supply. While the supply
shortage is overwhelming in its scale and overall impact on our community, we know that it will not
correct itself in traditional real estate cycles and, the longer we sit back and do nothing, the deeper
the damage to our economy.
There are a wide range of additional solutions to our affordability/accessibility needs that must be
explored and collectively, can help us achieve positive, long-term results and maintain the integrity
of the entire community. Those solutions may include but are not limited to appropriate and
targeted homeowner incentives, re-evaluating fees and licensing structures, and the easing of trade,
labor, finance and land-use issues.
Vail REALTORS® and those we represent are eager to be a part of the conversations and
solutions to our housing challenges as we work collaboratively to find the answers to our
community’s housing makeup. It is critical we change the outlook from financial and social
April 5, 2022 - Page 108 of 284
instability to economic growth built upon a solid foundation in the decades ahead.
Sincerely,
Vail Board of REALTORS
Amy Reid
Association Executive
Vail Board of REALTORS®
Vail Multi-List Service, Inc.
Vail Board of REALTORS® Foundation
email: areid@vbr.net
Direct: 970-766-1029 Office: 970-766-1028
0275 Main Street G004 Edwards CO, 81632
www.vbr.net
April 5, 2022 - Page 109 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:Fwd: Input in Regard to Short Term Rentals for Vail Town Council Meeting.
Date:Sunday, April 3, 2022 7:00:30 PM
Get Outlook for iOS
From: Todd Guth <toddguth@gmail.com>
Sent: Sunday, April 3, 2022 1:26:12 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Cc: Joy Guth <joyguth@gmail.com>
Subject: Input in Regard to Short Term Rentals for Vail Town Council Meeting.
Hello Vail Town Council,
My name is Todd Guth, I am an East Vail resident and registered voter who has lived and
owned a home in Vail for more than ten years. I am writing to advocate to support the
elimination or significant restrictions of short term rentals in residential parts of Vail.
Specifically, I would advocate for:
- the elimination of short term rentals in residential neighborhoods in Vail.
- the requirement of written permissions regarding short term rentals from both owners for any
homes zoned as duplexes. Specifically, if a duplex owner does not want rental on the other
half of a duplex, then short term rental should not be allowed.
- the placement of deed restrictions for short term rentals retroactively on any properties
requested by owners.
- the absence of any grandfather clauses for prior short term rental properties for new
restrictions passed by Vail Town Council.
Town Council Members, ask yourself this question, how would you feel if a short term rental
opened in the unit or duplex right next to you where you are trying to work and live? I
can't imagine anyone wishing for this.
All the best,
Todd and Joy Guth
4551 Streamside Circle East
Vail, CO 81657
If interested, here has been my personal experience with a short term rental since January
2022.
My family and I have had the enjoyment of our home in East Vail directly negatively
impacted since the beginning of the year. The duplex home next to us was sold in January and
immediately began short term rentals. We did not even know that the duplex next to us was
on the rental market until we started noticing outdoor lights left on at all hours of the day.
When I called the former owners they mentioned that the house was sold to someone out of
state who was going to start short term rentals. Since January, we have interacted with each
weekly renter because of one reason or another. Examples include asking renters to not
April 5, 2022 - Page 110 of 284
urinate in the driveway, watching renters throw cigarette butts in the yard, outdoor lights being
left on continuously, and renters trying to push in our home's front door not realizing that they
are at the wrong half of the duplex. We have needed to ask renters to move cars or adjust
the parking of their multiple cars in the driveway so we can exit our garage and use the
driveway. There are other inconveniences that are regular experiences such as renters coming
home late at night, talking in our driveway and turning on lights so as to wake us up when we
have to go to work early the next morning. Needless to say, it's been a major annoyance to
have a duplex full of renters each week living next to my family.
I would strongly support restrictions that limit short term rentals in residential neighbors with
full time residents. I would think that the Town Council would like to support residents of
Vail who are trying to live and work in this community. I interact with visitors every time I go
out in town; I dont want to interact with them while I'm trying to enjoy my own home. I
can't paint my garage door without approval from my neighbor and TOV but no one asked me
if it's OK to turn the duplex next door to me into a poorly run hotel. Very disappointing. All
this makes me want to leave Vail.
-- Todd Guth
April 5, 2022 - Page 111 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Short term rentals
Date:Thursday, March 31, 2022 2:27:17 PM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: heather g <heathergilman1@gmail.com>
Sent: Thursday, March 31, 2022 2:22 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Short term rentals
Dear Council,
Thank you for weighing the views on this difficult community problem - short term rentals. As
someone who lives and works in this community, I am frustrated by the increasing number of short
term rentals. The disruptions with noise, trash, and negative changes to the community are
personally frustrating. The lack of available housing is impacting our community. Our hospital,
restaurants, and businesses are struggling to find employees who can secure affordable housing.
The townhome next to mine was purchased just over a year ago and has experienced a barrage of
people coming and going. I have tried appealing to the new owners, but the unit was purchased as
an "investment" as so many transactions have been over the past few years. While I understand this
is something to discuss with my HOA, I would respectfully ask the town to limit short term rentals,
incentivize owners to rent long term to people who are contributing to our community, and
April 5, 2022 - Page 112 of 284
incentivize purchases by people who live in our community. A larger tax on short term rentals would
be in favor as well.
I would like to retain our lovely community and attract employees to Vail who are interested in
contributing to Vail. The short term rental are frustrating to those who are adjacent to the rental
and are negatively impacting our community as a whole.
Thank you,
Heather Gilman
4708 Meadow Dr, A4
Vail, CO 81657
April 5, 2022 - Page 113 of 284
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. 9, Series of 2022, A Resolution of the Vail Town Council
A pproving a Master L ease between the Town of Vail and the Vail Corporation, dba Vail Associates
I nc. ("VA I ")
P RE S E NT E R(S ): George Ruther, Housing Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny
Resolution No. 9, S eries 2022.
B AC K G RO UND: On March 1 and 15, 2022, the Vail Town Council reviewed a proposed new
Timber Ridge Master L ease agreement. Following discussion of the proposed new master lease
agreement by the Town Council, direction was provided to the Town staff. The master lease terms
are outlined in S ection 3 of the Staff Memorandum.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 9,
S eries 2022.
AT TAC H ME N TS:
Description
Staff Memorandum
Resolution No. 9 Series of 2022
Master Lease
April 5, 2022 - Page 114 of 284
To:
From:
Date:
Subject:
Vail Town Council
George Ruther, Housing Director
April 5, 2022
Resolution No, 9, Series of 2022 2022/2023 Timber Ridge Village Apartments Master
Lease between the Town of Vail and Vail Resorts
1.SUMMARY
The purpose of this agenda item is to present the new 2022/2023 Timber Ridge Village
Apartments master lease to the Vail Town Council for review and authorization, subject to the
approval of Resolution No. 9, Series of 2022.
A copy of the proposed resolution is attached for reference.
Vail Resorts has agreed to the terms as presented by the Town of Vail.
2.BACKGROUND
On March 1 and 15, 2022, the Vail Town Council reviewed a proposed new Timber Ridge
Master Lease agreement. Following discussion of the proposed new master lease agreement
by the Town Council, direction was provided to the Town staff. The master lease terms are
outlined in Section 3 below. A copy of the new master lease is attached for reference.
3.NEW MASTER LEASE TERMS
The following master lease terms are provided:
•Lease Term – June 1, 2022 to August 31, 2023, or unless otherwise notified of an earlier
termination date due to redevelopment. (extends the lease to 15 months total to fill the
gap between a 12-month lease and the anticipated start date of a Timber Ridge
redevelopment)
•Rent Rate – $1,620 per month.(n/c)
•Number of Units – 36 total plus one on-site manager’s residence. (n/c)
•Number of assigned parking spaces – 27 total (n/c)
•Occupants per Unit – up to 3 occupants total (n/c)
•Security Deposit – a cash deposit equal to $58,320 (amount increased to reflect new rent
rate)
•Other Standard Lease Provisions – Insurance, maintenance and repairs,
indemnifications, utilities, default remedies, etc. (n/c)
•Convenience Fee – (adds a $34,000 convenience fee to reflect the premium granted by
the Town for allowing a 37-unit master lease. Vail Resorts is prohibited from passing
April 5, 2022 - Page 115 of 284
Town of Vail Page 2
this fee on to the sub-tenants. Said fee shall be deposited into the Town’s Housing Fund
to further the Town’s housing goal)
•Subtenant leasing – (amended such that all sub tenants shall be employees of Vail
Resorts who work within the Town)
•Holding Over Provision – (amended to clarify and align the duration of any holdover
tenancy to not more than 2 months total i.e. October 31, 2023)
4.RECOMMENDATIONS
The Town staff recommends the Vail Town Council approves the revised master lease
agreement with Vail Resorts based upon the revised terms outlined in Section 3 of this
memorandum. In doing so, Town staff will present the approved lease agreement to Vail
Resorts for consideration and acceptance. If accepted, the Town staff will return to the Vail
Town Council with a new master lease agreement for the Town Council’s approval subject to an
authorizing resolution.
Suggested justifications for the revised master lease terms include:
•Vail Resorts has agreed to the terms of the new lease agreement.
•Pursuant to the Development Agreement with Triumph Development the Timber Ridge
property can be redeveloped before August of 2023.
•$1,599 is the 2022 rental rate at Timber Ridge. Effective January 1, 2023 that rate is
expected to increase 3% to 4%. The proposed rental rate of $1,620 per unit per month
blends seven months at the 2022 rate with five months at the projected 2023 rate
thereby ensuring Vail Resorts is paying its equitable share during the lease term.
•36 homes are equal in number to two buildings. History has shown it is best to master
lease entire buildings versus intermixing units within buildings.
•An onsite manager to oversee the Vail Resorts master leased units has proven effective.
•Demand for housing by individuals and other businesses in the community has
demonstrated a need for at least 18 of the 54 homes available for lease at Timber Ridge.
There is presently a wait list of +/-40 persons seeking a rental opportunity at Timber
Ridge.
•A master lease tenant has greater control over the allocation of parking spaces and
assignments.
•More than 3 occupants per home have proven to be detrimental to the physical condition
of the property and the quality of life and quiet enjoyment of persons residing at Timber
Ridge.
•Cash on hand for a security deposit is required of all lessees at Timber Ridge. Vail
Resorts should be of no exception.
•In the current market, the value of master leasing has pivoted from the lessor to the
lessee. The convenience fee, as proposed, causes Vail Resorts to pay for a portion of
the value they are getting.
•The amended holding over provision ensures that the current tenants can not occupy the
homes beyond October 31, 2023, thereby allowing the Town to renegotiate a new lease
prior to the start of the 2023/2024 winter ski season.
•The sub tenants are not bearing the financial impact of the added convenience fee.
April 5, 2022 - Page 116 of 284
1
RESOLUTION NO. 9
SERIES 2022
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A
MASTER LEASE BETWEEN THE TOWN OF VAIL AND THE VAIL
CORPORATION, DBA VAIL ASSOCIATES INC. (“VAI”)
WHEREAS, the Town is the owner of the Timber Ridge Village Apartments located
at 1280 North Frontage Road, Vail, Colorado 81657 (the “Apartments”);
WHEREAS, VAI desires to lease from the Town 37 of the Apartments, together
with 27 parking spaces, to sublease those units; and
WHEREAS, the Town is willing to lease such units to Lessee under the terms and
conditions stated in the Master Lease, attached hereto as Exhibit A and incorporated
herein by this reference.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Master Lease in
substantially the same form as attached hereto as Exhibit A, and in a form approved by
the Town Attorney, and authorizes the Town Manager to execute the Master Lease on
behalf of the Town.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 5th day of April 2022.
_________________________
Kimberly Langmaid, Town Mayor
ATTEST:
_____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 117 of 284
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MASTER LEASE
THIS MASTER LEASE (the "Lease") is made and entered into as of
______________, 2022 (the "Effective Date") by and between the Town of Vail, a
Colorado home rule municipality (the "Town”), and the Vail Corporation, a Colorado
corporation d/b/a Vail Associates, Inc. ("Lessee") (each a "Party" and collectively the
"Parties").
WHEREAS, the Town owns the Timber Ridge Village Apartments located at 1280
North Frontage Road, Vail, CO 81657 (the "Apartments”);
WHEREAS, Lessee employs large numbers of persons requiring housing of the
type afforded by the Apartments, and desires to lease from the Town 37 of the
Apartments, together with 27 parking spaces, to sublease those units; and
WHEREAS, the Town is willing to lease such units to Lessee under the terms and
conditions stated in this Lease.
NOW THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
1. Lease. The Town leases to Lessee, and Lessee leases from the Town, 37 units
of the Apartments (each a “Unit”, and collectively the "Units") listed on Exhibit A, attached
hereto and incorporated herein by this reference, as well as 27 parking spaces for the
Units. The Town retains the reasonable right to change, alter, abolish or add to any of
the appurtenances of the Units, as may seem best to the Town, and to dispose of or rent
any other portion of the Apartments as the Town elects.
2. Term. The term of this Lease shall be 15 months, commencing on June 1, 2022
and terminating on August 31, 2023.
3. Rent.
a. Lessee shall pay the Town as rent (“Rent”), without right of setoff and
regardless of whether there is in effect a Sublease with respect to any Unit, $1,620 per
month per Unit, other than the 37th Unit, which shall be used for office space and which
shall be leased to Lessee at no charge.
b. Rent shall be due and payable as a single sum, in advance, on or before
12:00 noon on the first day of each month at the office. If any Unit is subject to this Lease
for a partial month, the Rent for that month shall be prorated on a per diem basis.
c. Rent not paid by 8:00 a.m. on the 5th day of the month in which due shall be
subject to an initial late charge equal to 5% of the total amount due plus $5 per day per
Unit until paid in full.
4. Subleasing. Lessee may sublease its Units to subtenants (“Subtenants”) for rental
not greater than the aggregate amount of Rent payable under this Lease. Any such
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arrangement will be pursuant to a sublease in form and substance reasonably acceptable
to the Town (the "Sublease"). The terms of any Sublease will be as Lessee determines
to be appropriate in its discretion (but in no event extending beyond the term of this Lease)
and subject to such reasonable qualifications and restrictions as the Town from time to
time imposes; and one reasonable restriction imposed by the Town is that all Subtenants
shall be employees of Lessee who work within the Town.
5. Convenience Fee. In addition to the Rent due under Section 2 hereof, Lessee
shall pay the Town a convenience fee of $34,000 (the "Convenience Fee"). The
Convenience Fee shall be paid to the Town in one lump sum within 7 days of the Effective
Date. The Convenience Fee shall not be charged to, collected from, or any way passed
on to any Subtenant.
6. Possession and Quiet Enjoyment. Upon the payment of Rent and the
Convenience Fee, and the performance of all terms of this Lease, Lessee and any
Subtenants shall at all times peaceably possess and enjoy the leased Units without any
disturbance from the Town.
7. Maintenance and Repairs.
a. The Town shall be responsible for maintaining the following: the structural
portions of the Units; the pipes, roof, heating systems, plumbing and plumbing systems
serving any of the common areas or the Units; power supplies; exterior windows, doors,
equipment and appliances on or about the common areas and the Units. Lessee shall
be responsible for all other maintenance of the Units.
b. Lessee shall perform snow removal on walkways, sidewalks, decks and
stairs located in Buildings L and M and Unit 37. Should Lessee fail to perform such snow
removal, Lessee shall reimburse the Town for any costs incurred by the Town in
performing such snow removal.
c. All repairs and maintenance shall be made promptly, as and when
necessary, taking into account the circumstance and priority of the repair or maintenance
and its impact to Lessee’s or Subtenants' use of the Units and common areas and the
impact to other Units in the building. All such repairs, replacements and maintenance
shall be in quality and class at least equal to the original work. Lessee acknowledges
that non-emergency repair and maintenance requests are placed in queue in combination
with repairs and projects throughout the entire Apartments, and repairs are addressed in
the order received by the Town.
d. Notwithstanding any other provisions to the contrary herein, if repairs or
maintenance are necessary as a result of Lessee's or any Subtenant’s gross negligence,
Lessee shall be responsible for such repairs and maintenance. If Lessee fails to make
such repairs, the Town may, but shall not be required to, make such repairs and bill all
costs associated with such repairs to Lessee.
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8. Covenants of Lessee and Subtenants. Lessee agrees to, and by the terms of the
Subleases shall cause all Subtenants to agree to:
a. Comply with all reasonable rules and regulations of the Town for the
protection of the building or the general welfare and comfort of the residents of the
Apartments, including those stated in Exhibit B, attached hereto and incorporated herein
by this reference; provided, however, that to the extent that any such rules and regulations
conflict with the terms of this Lease, the terms of this Lease shall control;
b. Keep the Units in as good order and condition as when the Units were
entered by Lessee, ordinary wear excepted;
c. Except as otherwise permitted in this Lease, to sublet no part of a Unit nor
assign this Lease or any Sublease without the express prior written consent of the Town;
d. Neither hold nor attempt to hold the Town, or its agents liable for any injury
or damage to person or property either proximate or remote, arising from the acts of
Lessee, any Subtenant, any resident of any Unit, any guest of any such resident, or of
any owners or occupants of adjoining property;
e. Allow the Town or its employees or agents to enter any Unit at any time to
make emergency repairs, or, upon reasonable notice to Lessee and any affected
Subtenant, to inspect the Unit, or within 30 days prior to the end of the term of this Lease,
to show the Units to prospective subtenants; and
f. Allow a maximum of 3 occupants in each Unit.
g. Successfully enforce quiet hours between 10:00 p.m. to 8:00 a.m., control
noise disturbances at all times, and report to the Town all incidents and police activity and
all actions taken by Lessee regarding any incidents within 72 business hours.
9. Utilities.
a. The Town shall arrange for provision to the Units of electricity, connection
to basic cable television service, water, sewer, trash removal and recycling.
b. The Town shall be solely responsible for the cost and expense of water,
sewer, snow removal, trash removal and recycling. Lessee is solely responsible for the
cost of electricity. The individual Subtenants shall be solely responsible for activating the
cable service in their names and for the cost of the cable service.
c. In the event of excessive use or waste of any utility services provided to any
Unit, the Town may at its option cause such services to be separately metered and if it
does so Lessee shall pay the metered amount monthly.
d. The Town shall furnish heat to the Units during the usual heating season,
and such costs shall be borne by Lessee as electricity costs.
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e. The Town shall not be liable for any claim of damages, rebate or charge of
any kind in case of the interruption of utility or other services to the Units occasioned by
accident, failure of power supply or any other cause beyond the Town's control.
10. Security Deposit.
a. Lessee shall submit to the Town a security deposit in the amount of
$58,320, in cash (the "Security Deposit"). The Security Deposit and any other deposits
may, but are not required to be, deposited into an interest-bearing account by the Town.
Interest, if any, earned on such deposits shall be solely the property of the Town.
b. In no event shall the Security Deposit be applied to Rent or utility charges.
c. The Security Deposit is subject to deduction or forfeiture for unpaid Rent,
late payments, returned check charges, damage to a Unit, its contents or common areas,
smoke or stain removal, unreturned keys, administrative charges, re-letting fees,
collection costs and cleaning charges. Time spent by the Town or its designee for repairs
or maintenance shall be billed at a minimum hourly rate of $25, and shall be deducted
from the Security Deposit.
d. If deducted from or forfeited against for any reason, the Security Deposit
shall be replenished up to the original amount within 30 days.
e. Lessee and the Town shall complete the Building Condition Form, attached
hereto as Exhibit C and incorporated herein by this reference, in evaluating the condition
of each building prior to accepting possession, and once again upon releasing possession
back to the Town at the termination of this Lease.
f. Within 60 days of the expiration or termination of this Lease, the Town shall
return the Security Deposit, subject to any lawful withholdings.
11. Holding Over.
a. If after the expiration or termination of this Lease, Lessee or any Subtenants
remain in possession of any Units, with the permission of the Town but without written
modification of this Lease extending the term of this Lease or modifying the amount of
Rent, such possession shall not constitute a renewal of this Lease, and Lessee shall be
a tenant, and any Subtenants shall be subtenants or licensees (as applicable), of the
affected Units from month-to-month at a monthly rent equal to 150% of the Rent payable
under this Lease for the last month of the term of this Lease, but otherwise subject to all
of the other terms and conditions of this Lease.
b. Notwithstanding the foregoing, if Lessee or any Subtenants remain in
possession of any Units after the expiration of this Lease, Lessee’s or Subtenants'
possession of the affected Units shall be month-to-month at a monthly rent equal to the
Rent for the previous Lease year and subject to the terms and conditions of this Lease;
provided that any holdover tenancy shall not exceed 2 months, total, and it shall be
Lessee's responsibility to terminate any holdover tenancy in compliance with this limit.
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12. Default.
a. The following shall be considered a Lessee Default under this Lease: if
Lessee fails to pay Rent, utility charges, or other charges; is in default of any provision of
this Lease, and such default continues for 10 days after the Town has given written notice
thereof; or if Lessee becomes insolvent, makes any assignment for the benefit of its
creditors, or files any petition or order for relief under the federal bankruptcy laws.
b. If a Lessee Default occurs, the Town may, without waiving any other rights
hereunder or available to the Town at law or in equity, terminate this Lease, in which event
this Lease and the leasehold estate hereby created and all interest of Lessee and all
parties claiming by, through, or under Lessee shall automatically terminate upon the
effective date of such notice; and the Town, its agents or representatives, may, without
further demand or notice, reenter and take possession of the Property and remove all
persons and property from the Property with or without process of law, without being
deemed guilty of any manner of trespass and without prejudice to any remedies for
existing breaches hereof.
c. The rights and remedies stated in this Section are cumulative, and do not
limit or impair any other right or remedy at law or in equity.
13. Casualty Loss.
a. If any of the Units are rendered untenable or are damaged or destroyed by
fire or other casualty and if in the Town’s reasonable determination such repairs or
rebuilding cannot be substantially completed within thirty days after the occurrence of
such casualty, then: (i) this Lease shall terminate only as to the affected Units and all
Rent and Utility Charges for the affected Units shall be payable with respect to the period
ending upon the date of such injury or damage; and (ii) the Town shall thereafter offer
Lessee alternative units in substitution for the Units affected by such casualty loss, if
available, and Lessee shall accept such alternative units if and to the extent such
alternative units are acceptable to Lessee.
b. If any of the Units are rendered untenable or are damaged or destroyed by
fire or other casualty and the Town determines to rebuild or repair such Units, and if in
the Town’s determination such repairs or rebuilding can substantially be completed within
30 days, the Town shall do so with reasonable diligence and this Lease and the
Subleases of the affected Units shall not be affected, except that the Rent and utility
charges for the affected Units (or a just and proportionate part thereof according to the
nature and extent of the damage which has been sustained) shall be abated until the
affected Units have been so repaired and restored.
c. Notwithstanding the foregoing, if any of the Units are rendered untenable
by reason of fire or other casualty, Lessee may, in its sole discretion, terminate this Lease
with regard to the affected Units, and Lessee’s obligations under this Lease shall be
terminated effective as of the termination date. If the Lease is terminated as to less than
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all of the Units, Rent will be reduced by the per-Unit rental amount (in effect at such time)
multiplied by the number of Units for which this Lease has been terminated.
14. Insurance.
a. During the term of this Lease, the Town shall provide and keep in force:
(i) Comprehensive general liability insurance to include coverage for bodily
injury, property damage, death and personal injury (employee and contractual
liability exclusions deleted), contractual liability (including coverage for the
contractual liability of the Town for performance of the indemnification provisions
of this Lease); and broad form property damage, with limits of not less than
$1,000,000 each occurrence combined single limit for bodily injury, property
damage and personal injury and $2,000,000 aggregate for bodily injury and
property damage.
(ii) An umbrella policy with limits not less than $2,000,000 over the primary
comprehensive general liability policy.
(iii) Property insurance covering the Property.
(iv) Fire and extended coverage insurance for all risks, vandalism and malicious
mischief, sprinkler damage, boilers and rental loss with respect to the Property.
b. Lessee acknowledges that the Town’s insurance does not cover the
personal property of Lessee, any Subtenants, or any of their guests. Lessee shall advise
Subtenants to purchase insurance coverage for loss to personal property due to fire, theft,
water damage and other unfortunate events, liability coverage, and other appropriate
insurance coverage.
15. Indemnification. Lessee agrees to indemnify and hold harmless the Town and its
officers, insurers, volunteers, representative, agents, employees, heirs and assigns from
and against all claims, liability, damages, losses, expenses and demands, including attorney
fees, on account of injury, loss, or damage, including without limitation claims arising from
bodily injury, personal injury, sickness, disease, death, property loss or damage, or any
other loss of any kind whatsoever, which arise out of or are in any manner connected with
this Lease if such injury, loss, or damage is caused in whole or in part by, the act,
omission, error, professional error, mistake, negligence, or other fault of Lessee, any
subcontractor of Lessee, or any officer, employee, representative, or agent of Lessee, or
which arise out of a worker's compensation claim of any employee of Lessee or of any
employee of any subcontractor of Lessee.
16. Successors and Assigns. This Lease shall be binding on the Parties and their
permitted successors and assigns. Except as expressly permitted by this Lease, Lessee
shall not assign any of its rights or obligations under this Lease or sublet any of the Units
without the prior written consent of the Town, such consent not to be unreasonably
withheld. Any assignment of a Sublease without such consent shall be void.
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17. Termination.
a. The Town may terminate this Lease with or without cause by giving 90 days
advance written notice. If the Town terminates this Lease without cause, the Town shall
refund a portion of the Convenience Fee to Lessee on a pro rata basis, based on the
timing of the termination.
b. Lessee may terminate this Lease with or without cause by giving 90 days
advance written notice, provided that, if Lessee terminates this Lease without cause,
Lessee shall pay to the Town, as an early termination penalty, the remaining amount due
under this Lease and all its renewal terms.
c. If the Town terminates this Lease, Lessee shall cause all of the Units to be
vacated. If any Subtenants remain after the 90-day period, Lessee shall be responsible
for all costs associated with eviction of such Subtenants.
18. Notice. Any notices shall be in writing and shall be deemed sufficiently given if
delivered personally or sent by first class United States mail, addressed as follows:
If to the Town: If to Lessee:
The Town of Vail Vail Associates, Inc.
75 S. Frontage Road West 390 Interlocken Crescent, Suite 1000
Vail, CO 81657 Broomfield, CO 81658
Attn: George Ruther Attn: Legal Department
19. Miscellaneous.
a. Modification. This Lease shall not be modified except as agreed in writing
by the Parties.
b. Governing Law and Venue. This Lease shall be governed by the laws of
the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
c. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Lease by the Town shall not constitute a waiver of any of the other
terms or obligation of this Lease.
d. Integration. This Lease constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
e. Third Parties. There are no intended third-party beneficiaries to this Lease.
f. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Lease, the monetary limitations or any other rights, immunities, and protections provided
by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended,
or otherwise available to the Town and its officers or employees.
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g. Rights and Remedies. The rights and remedies of the Town under this
Lease are in addition to any other rights and remedies provided by law. The expiration
of this Agreement shall in no way limit the Town's legal or equitable remedies, or the
period in which such remedies may be asserted.
h. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement, debt or liability
beyond the current fiscal year.
IN WITNESS WHEREOF, the Parties have executed this Lease as of the Effective
Date.
TOWN OF VAIL, COLORADO
________________________________
Town Manager
ATTEST:
__________________________________
Tammy Nagel, Town Clerk
LESSEE
By: ________________________________
STATE OF COLORADO )
) ss.
COUNTY OF )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2022, by ____________________________ as
_________________ of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
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EXHIBIT A
UNITS
Unit #
1 L-1
2 L-2
3 L-3
4 L-4
5 L-5
6 L-6
7 L-7
8 L-8
9 L-9
10 L-10
11 L-11
12 L-12
13 L-13
14 L-14
15 L-15
16 L-16
17 L-17
18 L-18
19 M-1
20 M-2
21 M-3
22 M-4
23 M-5
24 M-6
25 M-7
26 M-8
27 M-9
28 M-10
29 M-11
30 M-12
31 M-13
32 M-14
33 M-15
34 M-16
35 M-17
36 M-18
37 MO-01 (Office)
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EXHIBIT B
RULES AND REGULATIONS
Lock Outs – If you lock yourself out of your unit after hours, you may contact the answering
service by phone at 970476-6759, who will then relay the message to Timber Ridge
Village on-call maintenance staff. There is a $30.00 charge for after-hours lock outs.
Quiet Hours – Quiet hours are between 10:00 p.m. until 8:00 a.m. Failure to comply may
result in eviction. Please report any excessive noise to the Vail Police Department at
970-479-2200.
Windows – Storm windows and screens must remain in place at all times. Any missing
or broken windows or screens will be repaired or replaced by Timber Ridge Village staff
and charges will be assessed to your account.
Laundry Facilities – Laundry facilities are located on the west end of the main office
building on the upper and lower levels. Laundry facilities are open from 8:00 a.m. to 10:00
p.m. every day. Please keep laundry room doors closed at all times and dispose of all
trash in the provided trash receptacles. Washing machine, dryer and coin machine
malfunctions may be reported to MacGray at 1-800-622-4729. Vending machine
malfunctions may be reported to Alpine Vending at 970-949-1379.
Decks, Walkways & Stairwells – Decks, walkways and stairwells may not be used for
storage. Signs, banners, flags, windsocks and posters are not permitted in any of these
areas or on the exterior of the buildings. Drying or hanging garments, cleaning and drying
of towels is not permitted. Bicycles may not be stored in these areas. Doghouses,
hammocks, patio enclosures, awnings, sunscreens, tiki torches, silk plants, wind chimes,
trash bags and barbecue grills are prohibited. Satellite dishes must abide by the Satellite
Dish Addendum.
Dumpsters & Trash – Dumpsters are located throughout the property. All trash must be
bagged and tied. No furniture or hazardous materials car batteries, propane tanks, oil,
etc.) are permitted. Trash may not be placed on patios, walkways, stairwells or outside
of dumpsters. Violation of trash policies will result in a minimum $20.00 fine per
occurrence. Multiple violations will result in a report of littering to the Vail Police
Department.
These Rules & Regulations may be amended at any time.
I have read and understand the above property policies and understand that a violation
of any of these policies will result in a lease violation, and multiple violations may result
in eviction.
________________________________ ____________
Subtenant Date
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EXHIBIT C
MOVE-IN AND CONDITION FORM
STATEMENT OF BUILDING CONDITION
MUST BE RETURNED TO CORUM WITH IN 3 DAYS OF MOVE IN DATE
DATE OF INSPECTION: _____________________________________________________________________
M CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
Bedroom C
M2 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M3 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M4 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M5 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
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Bedroom B
Bedroom C
M6 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M7 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M8 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M9 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M10 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M11 CONDITION STATUS COMMENTS
Living Room
Kitchen
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Bathroom
Bedroom A
Bedroom B
Bedroom C
M12 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M13 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M14 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M15 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M16 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M17 CONDITION STATUS COMMENTS
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Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
M18 CONDITION STATUS COMMENTS
Living Room
Kitchen
Bathroom
Bedroom A
Bedroom B
Bedroom C
Notes: ____________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
__________________________________________________________________________________________
I hereby acknowledge that the above is an accurate statement of the condition of the unit at the time of my
taking occupancy.
Vail Signature: __________________________________________ Date: ________________________
Property Manager Signature: __________________________________________ Date:
________________________
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EXHIBIT D
MANAGEMENT
1. On-Site Management: Lessee shall provide on-site management 5 days/week
during the fall check-in period and during the winter season for the management of
Subtenant issues, including inspections of Units to control unauthorized occupancy.
2. Notification of Turnover: Lessee shall notify the Town’s managing agent of a unit
turnover 2 days prior to the move-out date of that unit. Lessee manages its turnover
procedure with Subtenants, and neither Town nor its agents shall interfere with Lessee’s
management of its turnover procedure.
3. Move-out Procedure: Lessee shall complete a move-out inspection form within 48
hours of a Unit or bedroom vacancy. Lessee shall return the form to the Town to assess
damage charges.
4. Monthly Unit Inspection Procedure: Lessee shall complete monthly inspection of
all Units. Lessee shall also inspect for unreported service requests and damage issues,
to ensure the Unit is free of hazards and in proper working order. Lessee shall complete
the inspection and return its findings to the Town on or before the 28th of each month.
April 5, 2022 - Page 132 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 2, S eries 2022, F irst Reading, An Ordinance A mending Chapter
11 Of Title 5 Of The Vail Town Code To Reduce T he Risk Of W ildfires I n T he Town
P RE S E NT E R(S ): P aul Cada W ildland Program Manager, Mark Novak F ire Chief
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 2, Series of 2022
B AC K G RO UND: I n 2020 the Vail Town Council adopted the Vail Community W ildfire
P rotection P lan (C W P P ). A primary goal of the C W P P was to reduce the risk of a wildland urban
disaster within the Town of Vail. An essential element in achieving this goal is to prevent the ignition
of structures. T he most effective manner to achieve this goal is to require a non-combustible zone
around all structures. Since introduction at the March 15, 2022 meeting, Ordinance No. 2 has been
modified to incorporate public and Town Council input.
S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 2, Series of 2022 on first reading
AT TAC H ME N TS:
Description
Ordinance No. 2 Series of 2022 Staff Memo
Ordinance No. 2 Series of 2022 Presentation
Ordinance No. 2 Series of 2022
public input
April 5, 2022 - Page 133 of 284
To: Vail Town Council
From: Mark Novak, Fire Chief and Paul Cada, Wildland Program Manager
Date: April 5, 2022
Subject: Proposed Amendments to Code for Reduction of Wildfire Hazards
*See Section IV for modifications to Ordinance No. 2, Series of 2022 incorporating Town
Council input from the March 15, 2022 meeting.
I. Background
The wildfire situation in the Western US is continuing to grow worse, fueled by climate
change, community development and excessive fuel loading. Scientific studies
released in 2021 have pointed to expanded risks to higher elevation communities such
as Vail. Since 2001 fires above 8000ft in elevation have nearly tripled in frequency and
acres burned. Another study pointed to a near doubling of moderate and high intensity
fires during that same period leading to significantly higher damage to ecosystems and
the communities that are built within them.
This intensification of wildfire events has also led to a steep increase in impacts on
communities throughout Colorado and the west. Fires such as December’s Marshall
Fire, burning in areas previously not thought of as “at risk” from wildfires are sustaining
significant loss. These losses have led to a growing body of research on what is
causing both individual and community losses from wildfire.
In March of 2022 the National Institute of Standards and Technology (NIST) released
“WUI Structure/ Parcel/ Community Fire Hazard Mitigation Methodology” which
synthesized the most recent research and post fire study of structure loss from wildfire.
The report very clearly articulates risk from wildfire as a function of community density
and makes very clear connections in shared risk between structures built within 30 feet
of each other. Approximately 62% of all structure in the Town of Vail are built within 30
feet of the nearest neighbor. This number does not consider the flammable landscaping
or other fuels that may be located between the existing structures reducing the effective
separation.
In high density communities ignited structures present high risks to surrounding
structures by exposing them to large amounts of heat and embers for long periods of
time. The most effective way to prevent community wide loss is by preventing the first
April 5, 2022 - Page 134 of 284
Town of Vail Page 2
structure from igniting. The report further points out that “Community participation is
necessary in high-density communities. This is due to the disproportionate impact of a
single structure ignition on the community. “
At the February 1st, 2022 Vail Town Council meeting Vail Fire and Emergency Services
presented a proposal for the adoption of code that would require the creation and
maintenance of a five foot wide area of non-combustible landscaping around all
structures in Vail.
II. Current Situation
Vail Fire and Emergency Services is proposing amendments to Title 5- Public Safety,
mandating that all structures in the Town of Vail create and maintain an ignition
resistant landscaping feature from the foundation wall extending 5 feet from the
structure. This area is described as the Fire Free Five. The Fire Free Five represents
the largest area where embers may accumulate during a wildfire and is the most critical
part of defensible space. Creating a Fire Free Five is the most important action that
property owners can take to protect their structure as well that those in proximity.
The Fire Free Five will be consistent with the currently adopted Vail Fire Ignition
Resistant Landscaping standards that were vetted by DRB and PEC. These Ignition
Resistant Landscape standards are currently required for new development and
significant additions.
Under the proposed code each building shall create an area of ignition resistant
landscaping which extends from the foundation wall or attachment, such as deck or
stairs, whichever is greater out five feet. Within this area allowable landscaping would
include:
• Hardscaping such as on-grade patios, walkways, driveways, etc.
• Non-combustible mulch
• Well maintained and irrigated lawn
• Perennial flower beds
• Perennial ground cover
Trees and shrubs would not be allowed to be planted (stem within 5’ zone) within the
Fire Free Five, however accommodations can be made for existing plant materials that
hang over into the 5’ zone. Trees planted outside the 5’ zone that hang over into the
zone must be limbed up to a height of 6’ or 1/3 the total height whichever is less and
must be trimmed to leave at least a 2’ gap between the nearest branch and the building.
Heritage trees, those greater than 12” DBH and 40’ tall, within the village core may be
exempted from the requirements of this code following a site-specific hazard evaluation.
The Fire Free Five shall also apply to material placed or stored within this area.
Combustible materials such as firewood, construction materials or other combustibles
may not be stored within this zone. Combustibles may be allowed to be stored within
this zone if they are enclosed in a manner to prevent the ignition from wildfire flames or
embers.
April 5, 2022 - Page 135 of 284
Town of Vail Page 3
To reasonably implement a mandatory Fire Free Five, an extended implementation
period of 3 years from the date of adoption is proposed. During this time each property
in the Town of Vail will be evaluated, and educational information describing compliance
options will be provided to each owner. Beginning in 2025 each property would be
evaluated once every 3 years for compliance. Properties not in compliance will be
provided with written notice. The emphasis will be to gain voluntary compliance. In
cases where voluntary compliance is not achieved, the case may be referred to the Vail
Municipal Court. Mitigation actions may be mandated by the municipal judge. This
extended implementation period will also allow town staff to work together to develop
resources to assist community members in the implementation of the Fire Free Five.
These resources include direct assistance to property owners to complete tasks such as
limbing trees and financial assistance to offset costs associated with implementing the
Fire Free Five.
The concept of the Fire Free Five was presented to the Building and Fire Code Board of
Appeals at their December 2021 meeting and the Design Review Board on January
19th, 2022. The Fire Free Five was presented to the PEC at the February 14, 2022
meeting. The PEC did not take action on the Fire Free Five as amendments to Title 5 of
the Town Code is outside their purview. These bodies recognized that this may be a
significant change in some portions of the community, however they also saw the great
value in reducing the shared risk from wildfire.
Since the Town Council Fire Free Five presentation on February 1st, each property
owner in Vail has received a postcard mailing inviting them to attend community
gatherings and explore information on the Towns webpage
www.vailgov.com/firefreefive. On February 28th and March 4th Vail Fire and Emergency
Services hosted community meetings in East and West Vail respectively to provide
information on the proposal and answer community members questions. 31 community
members attend the gatherings to learn more about the proposal. Department members
were also available at the March 8th Community meeting to inform the public and
answer questions. The Fire Free Five information was also featured in a news article by
the Vail Daily as well as included in the KYZR 8150 Report in February.
Implementation of the Fire Free Five is critical. Between 2017 and 2021 Vail Fire
conducted a curbside wildfire hazard evaluation of every parcel with Vail and the results
were shared with every property owner. During this process staff identified that 79% of
structures within the community do not have an adequate Fire Free Five. As described
in the NIST study the only way to prevent large scale community wide loss is through
III. Alignment with Existing Plans
The Fire Free Five requirement is consistent with the following Town Council adopted
plans:
A. Council Action Plan: Sustainability-Institute Measures to Best Mitigate Wildfire
Danger
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Town of Vail Page 4
B. Town of Vail Community Wildfire Protection Plan: Goal 1-Reduce the Risk of
a Wildland Urban Disaster within the Town of Vail
C. Vail Fire and Emergency Services Strategic Plan: Objective CRR 2.1- Adopt
Codes that Reduce Structural Ignitability from Wildland Fire at a Community
Level- Require a 5’ Non-combustible Zone Adjacent to structures
IV. Actions since introduction of Ordinance No. 2 at the March 15 Town Council
meeting.
A. Modifications to Ordinance No. 2, Series of 2022
1. An exemption has been created for Heritage Trees regardless of
geographical location within the Town of Vail. Large aspen trees (>8’
Diameter at Breast Height) have been added to the definition of potential
“heritage trees”.
2. Provides accommodation for nesting birds.
3. Specifies that Ordinance No. 2 is not effective until 2025.
B. Staff has proposed the creation of the Fire Free Five Community Assistance
Program with initial funding of $150,000 (pending TC approval)
V. Staff Recommendation
Approve on first reading Ordinance No. 2, Series of 2022, an ordinance amending
Chapter 11 of title 5 of the Vail Town Code to reduce the risk of wildfires in the Town of
Vail.
April 5, 2022 - Page 137 of 284
Fire Free Five
Code
Adoption
Mark Novak-Fire Chief
Paul Cada-Wildland
Program Manager
April 5, 2022 - Page 138 of 284
Reducing Structural Ignitability in High Density Areas
Town of Vail | www.vailgov.com/fire |
2019 the Institute for Business and Home Safety
(IBHS) did a side-by-side comparison of structural
ignitability. Photo on the left shows ignition of
organic mulch which ignites structure vs. structure
with Fire Free Five and ignition resistant
construction.
Photo Credit: Institute for Business and Home Safety
Photo showing structure to structure fire loss.
Photo Credit: NY Times
April 5, 2022 - Page 139 of 284
Reducing Structural Ignitability in High Density Areas
Town of Vail | www.vailgov.com/fire |
•March 2022 the National Institute of Standards
and Technology (NIST) released “WUI
Structure/Parcel/Community Fire Hazard
Mitigation Methodology”which provides
detailed mythology to reduce structure loss
from wildfire in the WUI
•Report clearly identifies shared risk between
structures in high density development (less
than 30 feet separation) and provides specific
recommendations for mitigations to reduce the
shared risk
•62% of all structures within Vail are built within
30 feet of the nearest structure. This
measurement is exclusive of all flammable
attachments and landscaping between
buildings.
April 5, 2022 - Page 140 of 284
Mandatory 5’ non-combustible zone around all buildings-Fire Free Five
Town of Vail | www.vailgov.com/fire |
•Each building shall create a zone of non-combustible materials that extends from the foundation wall or
attachment out five feet.
•Within this area allowable landscaping would include:
•Hardscaping such as on-grade patios, walkways, driveways, etc.
•Non-combustible mulch
•Well maintained and irrigated lawn
•Perennial flower beds
•Perennial ground cover
•Trees planted outside the 5’ zone that hang over into the zone must be limbed up to a height of 6’ or 1/3 the
total height whichever is less and must be trimmed to leave at least a 2’ gap between the nearest branch and the
building.
•Code amendments since last presentation
•Heritage trees, evergreens >12” DBH and 40’ tall and aspens >8” DBH,regardless of location may be
exempted from the requirements of this code.
•Emphasis has been placed on avoiding the removal of trees during nesting periods of migratory birds. If
necessary, abatement action will be deferred until after the nesting period to protect bird populations.
April 5, 2022 - Page 141 of 284
Fire Free Five Implementation
Town of Vail | www.vailgov.com/fire |
•Between 2017 and 2021 every property in Vail had a curbside wildfire evaluation completed
•Results were shared with each individual property owner
•79% of properties evaluated did not meet recommendations for the Fire Free Five
•Adoption of fire free five ordinance in 2022 and begin enforcement in 2025
•Re -evaluate every property over the next 3 years using same process previously used
•Educational information describing compliance options will be provided to each owner
•Time will also be used to further develop resources to assist property owners comply with ordinance
•Beginning in 2025 properties will be inspected on a rotating basis.
•Properties not in compliance will be provided with written notice. The emphasis will be to gain voluntary
compliance.
•In cases where voluntary compliance is not achieved, the case may be referred to the Vail Municipal Court.
•Mitigation actions may be mandated by the municipal court.
April 5, 2022 - Page 142 of 284
Conclusions
Town of Vail | www.vailgov.com/fire |
•Community participation is necessary in high-density communities. This is
due to the disproportionate impact of a single structure ignition on the
community.
•Fire Free Five is the most critical component of a properties defensible space
and can be implemented by affecting the smallest area of the parcel
•Conclusive evidence demonstrates the importance of community wide
implementation of defensible space and structure hardening
•Successes such as the lack of structure loss or damage during the 2021
Caldor Fire in the Lake Tahoe Basin show that even in the face of extreme
wildfire conditions community wide implementation can have positive
impacts.
April 5, 2022 - Page 143 of 284
Why Now?
•Altered fire environment-climate
change-persistent drought
•Community-wide risk requires
community-wide solution
•Low acceptance of voluntary
recommendations
Town of Vail | www.vailgov.com/fire |
April 5, 2022 - Page 144 of 284
Actions Since Introduction of Ordinance No. 2
Town of Vail | www.vailgov.com/fire |
•Received community input and continued to interact with community
members regarding the Fire Free Five
•Creation of Fire Free Five Community Assistance Program (pending TC
approval)
•Modifications made to Ordinance No. 2 based upon Town Council and public
input:
o Expands potential “heritage tree” exemption to areas outside Village
areas and specifically identifies the ability of aspen trees to be
considered “heritage trees”
o Provides accommodation for nesting birds
o Specifies that Ordinance No. 2 is not effective until 2025
April 5, 2022 - Page 145 of 284
Questions for Staff?
Town of Vail | www.vailgov.com/fire |
April 5, 2022 - Page 146 of 284
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ORDINANCE NO. 2
SERIES 2022
AN ORDINANCE AMENDING CHAPTER 11 OF TITLE 5 OF THE VAIL
TOWN CODE TO REDUCE THE RISK OF WILDFIRES IN THE TOWN
WHEREAS, each year wildfires continue to grow more destructive and impactful
to communities across Colorado; and
WHEREAS, the Town wishes to reduce the risk of wildfire in the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 11 Title 5 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
CHAPTER 11: REDUCTION OF WILDFIRE RISKS
5-11-1: PURPOSE:
The purpose of this Chapter is to reduce the risk of wildfires in the Town by
requiring the removal of wildfire fuels and diseased trees from properties in
the Town and requiring the creation of non-combustible zones around
structures in the Town.
5-11-2: APPLICABILITY:
This Chapter shall apply to all property in the Town.
5-11-3: DEFINITIONS:
For purpose of this Chapter, the following terms shall have the following
meanings:
CHIEF: The Town's Fire Chief or designee.
DISEASED TREE: A tree, alive or dead, which is or has been infested or
infected with any insect or disease identified in the most recent version of
the "Field Guide To Diseases And Insects Of The Rocky Mountain Region".
HERITAGE TREE: An evergreen tree of at least twelve (12) inches in
diameter breast height ("DBH") and at least forty (40) feet in height or an
aspen tree of at least eight (8) inches in DBH.
LADDER FUELS: Vegetation, live or dead, that allows a fire to climb up
from the landscape or forest floor into the tree canopy, including without
limitation tall grasses, shrubs, and tree branches.
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PROPERTY: A lot, tract or parcel of real property located within the
corporate limits of the Town.
WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or grasses and
other materials such as firewood, construction material or debris
surrounding a structure, which represent a threat to life or property during a
fire as determined by the Chief.
5-11-4: DISEASED TREES AND WILDFIRE FUELS:
It is unlawful for an owner to maintain on any property in the Town diseased
trees or wildfire fuels which represent an imminent threat.
5-11-5: FIRE FREE FIVE ZONE:
A. Every structure in the Town shall be surrounded by an area where
there shall be no combustible materials or wildfire fuels, and there shall only
be materials that are designed to prevent ignition from wildfire (the "Fire
Free Five Zone"). The Fire Free Five Zone shall extend from the foundation
wall of the structure or any attachment (such as a deck or stairway),
whichever is further, out a distance of five (5) feet.
B. Notwithstanding the foregoing, a heritage tree may be exempted
from the Fire Free Five Zone if the Town determines that the heritage tree
is not a significant wildfire risk. To obtain such an exemption, the property
owner shall contact the Fire Department to request an evaluation based on
site-specific conditions. Each heritage tree that remains in the Fire Free
Five Zone shall be continuously maintained as follows: the tree shall be
limbed vertically to six (6) feet or one-third of the total height of the tree,
whichever is greater; the tree shall have no ladder fuels under its dripline;
the tree shall have no limb within two (2) feet from any structure; and the
tree shall have no limbs within ten (10) feet of a chimney on any structure.
5-11-6: PERMIT FOR REMOVAL:
An owner desiring to remove any diseased trees from any property in the
Town shall file an application for a permit with the Community Development
Department. There shall be no application fee for the permit. The application
shall contain a written narrative describing the type, size, quantity and
general location of the diseased trees proposed to be removed. The Chief
may perform a site visit prior to the Town taking any action on the permit
application. To protect nesting birds, when possible, tree removal shall not
occur between May 1 and August 1.
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5-11-7: INSPECTION:
A. The Chief may enter a property for the purpose of inspection for
compliance with this Chapter, with permission from the owner, when at least
one of the following events has occurred:
1. The owner has requested the inspection;
2. A neighboring landowner has reported a diseased tree or
wildfire fuels and requested an inspection; or
3. The Chief has made a visual observation from a public right
of way or adjacent property and has reason to believe that diseased trees
or wildfire fuels exist on the property.
B. If the owner does not grant permission to inspect the property, the
Chief may seek an inspection warrant from the Municipal Court.
5-11-8: EMERGENCIES:
In the case of an emergency involving imminent danger to the public health,
safety or welfare, the Chief may enter upon any property to conduct an
emergency inspection or abatement without permission from the owner or
a warrant.
5-11-9: NOTICE OF VIOLATION:
A. If the Chief determines that a property is in violation of this Chapter,
the Chief shall provide a written notice to the owner. The notice shall be
sent by first-class United States mail to the owner at the owner's last known
address, or personally served.
B. The notice shall:
1. Advise the owner of the violation of this Chapter;
2. Describe approved methods for abatement of the violation;
and
3. Require that the abatement be completed within the
timeframe stated in the notice, which shall be no less than thirty (30) days
of the date of the notice, or that an acceptable plan and schedule for
abatement be submitted to the Chief within such time.
C. If the owner fails to dispute the notice, and fails to timely abate the
violation, the Town may seek an abatement order pursuant to this Chapter.
April 5, 2022 - Page 149 of 284
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D. If the owner disputes the notice, the owner shall notify the Chief
within seven (7) days of the date of the notice. If a timely notice of dispute
is given, the Chief shall meet with the owner in an effort to resolve the
dispute. If the Chief meets with the owner and is unable to resolve the
dispute, the Town may seek an abatement order pursuant to this Chapter.
5-11-10: ABATEMENT ORDER:
A. An application for an abatement order shall be accompanied by an
affidavit, signed by the Chief, stating that:
1. The Chief has determined that the property is in violation of
this Chapter;
2. The Chief has complied with the notice requirements of this
Chapter; and
3. Within the required time, the owner has failed to remedy the
violation or has failed to submit an acceptable plan and schedule for such
abatement; and
4. The Municipal Court will consider the application for an
abatement order at the date and time set forth in the notice, which date shall
be at least fourteen (14) days after the notice.
B. The Town shall provide notice to the owner of the application, either
by first class United States Mail to the owner's last known address, or by
personal service. The notice shall include a copy of the Town's application
and affidavit.
C. At the stated time, date and place, the Municipal Court shall review
the Town's application, as well as any statement or evidence presented by
the owner. If the Municipal Court finds that the property is in violation of this
Chapter, the Municipal Court may enter an order authorizing the Town to
enter upon the property, remove the violation and recover its costs,
5-11-12: COSTS:
If the Town abates a violation of this Chapter, the owner shall be assessed
the Town's actual costs, plus a 10% administrative fee.
5-11-13: VIOLATION AND PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Any person convicted of violating any provision of this Chapter shall
be punished as provided in Section 1-4-1 of this Code; provided that each
separate act in violation of this Chapter, and each and every day or portion
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thereof during which any act in violation of this Chapter is committed,
continued, or permitted, shall be deemed a separate offense. This penalty
shall cumulative, and any penalty under Section 1-4-1 shall be in addition
to any assessment of costs under this Chapter or other available remedies.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
Section 6. Effective Date. This ordinance shall take effect on January 1, 2025.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of April, 2022 and a public
hearing for second reading of this Ordinance set for the ___ day of ____________, 2022,
in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 151 of 284
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READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ____ day of ________________, 2022.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 152 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Five Foot Ordinance
Date:Monday, April 4, 2022 4:02:13 PM
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: kbenysh@vail.net <kbenysh@vail.net>
Sent: Monday, April 4, 2022 2:53 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Five Foot Ordinance
Hello,
I fully understand the rationale behind the proposed five feet of defensible space proposal, and I think it's a great
idea for new construction. I am opposed to trying to impose this same requirement on properties than have been
here for decades. I do not understand how how you can compel homeowners to remove trees and bushes that they
have purchased, planted and cared for for decades, let alone absorb the cost of removing them. As a 73-year-old
woman who has lived in the same home in Vail for 47+ years, I can assure you that I will not grab a shovel and a
chainsaw to remove trees that I planted in the 70s. Because I live in East Vail's first development where our houses
are close together, our trees are mature and provide the only visual relief and a semblance of privacy between
structures. Removal of mature vegetation throughout the town will result in an urban hardscape with very little
aesthetic appeal and totally change the character of Vail. Furthermore, I do not have a clue as to what a "heritage"
tree is - do the trees I planted decades ago qualify?
Please do not approve this idea as proposed.
Sincerely,
Kathryn Benysh
April 5, 2022 - Page 153 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:Fwd: Fire Free Five
Date:Sunday, April 3, 2022 7:00:57 PM
Get Outlook for iOS
From: Runblondie49@comcast.net <runblondie49@comcast.net>
Sent: Sunday, April 3, 2022 6:52:00 PM
To: Council Dist List <TownCouncil@vailgov.com>
Subject: Fire Free Five
Good afternoon,I have some brief comments regarding the Fire Free Five proposed ordinance.
This photo was taken on Main Gore Drive in East Vail last week. It represents a common sight throughout Vail; dead or diseased trees that are fuel for wildfires. Many home owners are not inclined to remove these trees because of the expense. It seems prudent to prioritize this issue in the proposed ordinance and to begin this “campaign” with reasonable measures that will be acceptable to the general public. Financial assistance will be key to the success. The urgency and legitimacy of this proposed ordinance falls flat when these obvious fire hazards are being ignored.
The past several weeks I have been following the PEC deliberations over the proposed stream mitigation ordinance and the process has been thorough and impressive. There has been a great deal of knowledge shared, healthy debate and testimony from professionals as well as staff. The public has had ample time to comment. Why is it the Fire Free Five ordinance has not gone before PEC? Is this not an environmental issue? Decimating thousands of healthy trees in a draconian “one size fits all” ordinance will have serious repercussions. This should weigh heavily on the Council.
I respectfully ask you to table this ordinance and send it to PEC for some much neededresearch and thoughtful deliberation.
Thank you,Blondie VucichEast Vail
Sent from my iPad
April 5, 2022 - Page 154 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Action agenda item fire free five
Date:Monday, April 4, 2022 12:54:09 PM
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
-----Original Message-----
From: Gussie Ross <imgussie@icloud.com>
Sent: Monday, April 4, 2022 12:21 PM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Action agenda item fire free five
I feel the modifications that the fire department have proposed are a step in the right direction.
However I’m still concerned about the concept of a 5 foot barrier even being helpful in an urban setting. Also
would 5ft make any difference in a wind driven fire?
When questioned by the council at the last session, the fire chief stated a 20 foot barrier makes a difference, not 5
feet.
I feel mitigation requirements should be based on the degree of risk in the various zones not a one size fits all for the
town Vail. Has the council been presented with any other towns or cities that require the 5 foot zone in an urban
setting? let’s have some other fire experts weigh in on this, not just the town of Vail fire department.
As a property owner I am concerned with the vast enforcement powers that would be placed in the hands of the
fireman.
Gussie Ross
Sent from my iPad
April 5, 2022 - Page 155 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Regarding Tree Removal
Date:Tuesday, April 5, 2022 11:39:36 AM
Attachments:image007.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: David M Cohen <dmcoh1@gmail.com>
Sent: Tuesday, April 5, 2022 10:56 AM
To: Council Dist List <TownCouncil@vailgov.com>
Cc: FRED TRESCA <fmttx@me.com>; Charlie Vieth <Cevieth@gmail.com>; Glenn Goldstein
<Glenndini@aol.com>; Dean Mitchell <dean.mitchell@mindspring.com>; Kennyrobin
<kennyrobin@aol.com>; Karen Herman <karen@hermanftc.com>; Zekelman, Alan
<Alan.Zekelman@zekelman.com>
Subject: Regarding Tree Removal
To all concerned
While I totally respect and agree with the Fire Chief proposal to mitigate against the risks of
wildfires in Vail, I would hope there can be some compromise in the plan to lessen the number of
trees that will be removed.
Trees remove CO2 from our environment to help purify our atmosphere and help to reduce global
warming, Additionally the trees provide shade to our homes to reduce the need for cooling with air
conditioning. Needless to say, the beauty they provide .not only to the residents but to the steady
April 5, 2022 - Page 156 of 284
stream of year round visitors who tour Beaver Dam and Forest Road to view the beautiful homes.
There is a town watershed area directly across from my property where the wild life resides in the
natural habitat of trees and underbrush.
Each year for the last 17 years that I have been a resident I have expended more than $1000.
per year to nurture my pines and spruces . I have adequate insurance to cover my home.
Please do not force me to cut down my trees that I have worked so hard to preserve.
Sincerely,
David M Cohen MD
PS Note my new email address: dmcoh1@gmail.com.
April 5, 2022 - Page 157 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 5, S eries of 2022, F irst Reading, An Ordinance A mending Various
S ections of the Vail Town Code Relating to A lcoholic Beverages, to Reflect Changes in State L aw
P RE S E NT E R(S ): Tammy Nagel, Town Clerk
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 first
reading of Ordinance No. 5, Series 2022.
B AC K G RO UND: The Colorado General Assembly recently passed, and the Governor recently
signed into law, House B ill 18-1023 and House Bill 18-1025, which will move sections of Title 12 of
Colorado Revised S tates into a new Title 44, effective October 1, 2018 and the Town Council
wishes to update the Vail Town Code accordingly.
S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny first reading of
Ordinance No. 5, Series 2022.
AT TAC H ME N TS:
Description
ordinance No. 5, Series 2022
April 5, 2022 - Page 158 of 284
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ORDINANCE NO. 5
SERIES 2022
AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE VAIL
TOWN CODE RELATING TO ALCOHOLIC BEVERAGES, TO REFLECT
CHANGES IN STATE LAW
WHEREAS, the Colorado General Assembly recently passed, and the Governor
recently signed into law, House Bill 18-1023 and House Bill 18-1025, which will move
sections of Title 12 of Colorado Revised States into a new Title 44, effective October 1,
2018; and
WHEREAS the Town Council wishes to update the Vail Town Code accordingly.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 3-5-2 of the Vail Town Code is hereby amended as follows:
3-5-2: LOCAL AUTHORITY DESIGNATED:
Pursuant to the provisions of Colorado Revised Statutes section 12-46-
103(4), section 12-47-103(9) C.R.S. §§ 44-4-103(4), 44-3-103(27), and the
Town Charter § 8.6, there is designated a Local Licensing Authority of the
Town (the "Authority"), a commission composed of five members appointed
by the Town Council, for the licensing of locations within the town to sell
alcoholic liquors and fermented malt beverages and for the local
administration of the Colorado Liquor Code of 1935, and the Colorado Beer
Code Fermented Malt Beverages Act, in accordance with said statutes.
Section 2. Section 3-5-8 of the Vail Town Code is hereby amended as follows:
3-5-8: CONDUCT OF PROCEEDINGS AND HEARINGS:
The Local Licensing Authority shall conduct its proceedings in accordance
with the provisions of the Colorado Liquor Code of 1935 and the Colorado
Beer Code Fermented Malt Beverages Act. In order to ensure due process
of law the Local Licensing Authority shall conduct its hearings and make its
determinations as nearly as practicable in accordance with the procedures
set forth in Colorado Revised Statutes section C.R.S. § 24-4-105, as
amended. Written records of its proceedings shall be maintained, which
shall be open to public inspection.
Section 3. Section 4-2-1 of the Vail Town Code is hereby repealed in its entirety.
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Section 4. Section 4-2-2 of the Vail Town Code is hereby amended as follows:
4-2-2: STANDARDS FOR ISSUANCE OF OPTIONAL PREMISES
LICENSE:
The following standards for the issuance of optional premises licenses or
for optional premises for a hotel and restaurant license are hereby adopted
pursuant to the provisions of Colorado Revised Statutes section 12-47-
135.5 C.R.S. § 44-3-310, as amended.
* * *
B. Eligible Facilities:
1. An optional premises may only be approved when that
premises is located on or adjacent to an "outdoor sports and recreational
facility" as defined in Colorado Revised Statutes section 12-47-103(13.5)(b)
C.R.S. § 44-3-103(33)(b), as amended. The types of outdoor sports and
recreational facilities which may be considered for an outdoor premises
license include the following:
a. Country club.
b. Golf courses and driving ranges.
c. Ice skating areas.
d. Ski areas.
e. Swimming pools.
* * *
E. Advanced Notification. Pursuant to Colorado Revised Statutes
section 12-47-135(6) and (7) C.R.S. § 44-3-310(3) and (4), as amended, no
alcoholic beverages may be served on the optional premises until the
licensee has provided written notice to the state and local licensing
authorities forty eight (48) hours prior to serving alcoholic beverages on the
optional premises. Such notice must contain the specific days and hours on
which the optional premises are to be used. In this regard, there is with no
limitation on the number of days which a licensee may specify in each
notice. However, no notice may specify any date of use which is more than
one hundred eighty (180) days from the notice date.
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Section 5. Section 4-2-3.A of the Vail Town Code is hereby amended as follows:
4-2-3: TEMPORARY PERMITS:
A. Statutory Authority Authorization. This Section is enacted in
accordance with Colorado Revised Statutes sections 12-46-106.5 and 12-
47-106.5 C.R.S. § 44-3-303 which authorize a local licensing authority, at
its discretion, to issue a temporary permit to a transferee of a fermented
malt beverage license or a liquor license issued by the state licensing
authority.
Section 6. Section 4-2-4 of the Vail Town Code is hereby amended as follows:
4-2-4: BED AND BREAKFAST PERMIT:
A. Statutory Authority. This Section is enacted in accordance with
Colorado Revised Statutes section 12-47-118.5 C.R.S. § 44-3-412, as
amended, which authorizes a Local Licensing Authority, at its option, to
issue a bed and breakfast permit to a person operating a bed and breakfast
establishment.
* * *
E. Cancellation. A bed and breakfast permit may be suspended or
revoked in accordance with Colorado Revised Statutes section 12-47-110
C.R.S. § 44-3-412, as amended, if the permittee violates any provision of
Colorado Revised Statutes article 47 C.R.S. Title 44 Article 3, or any rule
adopted pursuant to said Colorado Revised Statutes article 47 C.R.S. Title
44 Article 3, or fails truthfully to furnish any required information in
connection with a permit application.
Section 7. Section 4-2-5 of the Vail Town Code is hereby amended as follows:
4-2-5: ALCOHOLIC BEVERAGE TASTINGS:
Pursuant to section 12-47-301(10)(a), Colorado Revised Statutes C.R.S. §
44-3-301(10)(a), the Town hereby authorizes alcoholic beverage tastings at
licensed retail liquor stores and liquor licensed drugstores in the Town,
subject to the limitations contained in section 12-47-301(10), Colorado
Revised Statutes C.R.S. § 44-3-301(10), and subject to the approval by the
local licensing authority of a tastings permit.
Section 8. Section 4-2-6 of the Vail Town Code is hereby amended as follows:
4-2-6: SPECIAL EVENT PERMITS:
A. Pursuant to Colorado Revised Statutes section 12-48-107(5)(a)
C.R.S. § 44-5-107(5)(a), the local licensing authority ("Authority") elects not
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to notify the state licensing authority to obtain the state licensing authority's
approval or disapproval of applications for special event permits.
* * *
C. Upon receipt of an application for a special event permit, the
Authority shall, as required by Colorado Revised Statutes section 12-48-
107(5)(c) C.R.S. § 44-5-107(5)(c), access information made available on
the state licensing authority's website to determine the statewide permitting
activity of the organization applying for the permit. The Authority shall
consider compliance with the provisions of Colorado Revised Statutes
section 12-48-105(3) C.R.S. § 44-5-105(3), which restricts the number of
permits issued to an organization within a calendar year to fifteen (15),
before approving any application.
* * *
E. Each application for a special event permit shall be accompanied by
an application fee in an amount equal to the maximum local licensing fee
established by Colorado Revised Statutes section 12-48-107(2) C.R.S. §
44-5-107(2)(c).
Section 9. Section 5-13-7.B. of the Vail Town Code is hereby amended as
follows:
5-13-7: EXEMPTIONS:
* * *
B. A retail liquor store, as defined in Colorado Revised Statutes section
12-47-103(31) C.R.S. § 44-3-103(48), may provide a disposable paper bag
to a customer with no fee if the disposable paper bag is provided for the
containment of carry out alcoholic beverages as defined in Colorado
Revised Statutes section 12-47-103(2) C.R.S. § 44-3-103(2).
Section 10. Section 6-3C-4.A. of the Vail Town Code is hereby amended as
follows:
6-3C-4: DRINKING IN PUBLIC:
A. Prohibited: It is unlawful for any person to drink any malt, vinous, or
spirituous liquors upon any street, alley, sidewalk, public building or public
parking lot in the Town or within any vehicle upon the streets, alleys,
sidewalks or public parking lots in the Town except by written authorization
of the Town Council. It is unlawful for any person to possess in or upon any
street, alley, sidewalk, public building or public parking lot in the Town, any
malt, vinous, or spirituous liquors in any container of any kind or description
which is not sealed or upon which the seal is broken. The word "sealed"
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means the regular seal applied by the United States government over the
cap of all malt, vinous or spirituous liquors. Notwithstanding the foregoing,
it is shall not be unlawful for any person to have in his or her their possession
or under his or her their control one open container of vinous liquor removed
from a licensed premises pursuant to and subject to the limitations set forth
in compliance with Colorado Revised Statutes section 12-47-411(3.5)
C.R.S. § 44-3-423, as amended.
Section 11. Section 6-3C-5.C.1 of the Vail Town Code is hereby amended as
follows:
6-3C-5. SALE OF INTOXICATING LIQUORS:
C. Illegal Possession or Consumption of Liquor By Underage Persons:
1. As used in this subsection, unless the context otherwise
requires:
* * *
PRIVATE PROPERTY: Any dwelling and its curtilage which is being used
by a natural person or natural persons for habitation and which is not open
to the public, and privately-owned real property which is not open to the
public. "Private property" shall not include:
a. Any establishment which has or is required to have a license
pursuant to article 46, 47, or 48 of title 12, Colorado Revised Statutes C.R.S.
Title 44, Article 3, 4, or 5; or
* * *
Section 12. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 13. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 14. The amendment of any provision of the Vail Town Code as provided
in this ordinance shall not affect any right which has accrued, any duty imposed, any
violation that occurred prior to the effective date hereof, any prosecution commenced, nor
any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
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Section 15. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of _________, 2022 and
a public hearing for second reading of this Ordinance is set for the ___ day of
____________, 2022, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2022.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 164 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 4, S eries of 2022, F irst Reading, Four Seasons Amendment to
S D D No. 36 to allow for reconfiguration of existing accommodation units, fractional fee units and
dwelling units, and to amend the Employee Housing P lan to relocate a portion of the existing onsite
employee housing offsite
P RE S E NT E R(S ): J onathan S pence, Planning Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with modifications, or deny
Ordinance No. 4, Series of 2022, upon first reading.
B AC K G RO UND: On March 14, 2022, the Town of Vail P lanning and E nvironmental Commission
(P E C) held a public hearing on the request for a recommendation to the Vail Town Council for a
major amendment to S pecial Development District No. 36, F our S easons Resort, pursuant to the
requirement of S ection 12-9A, Special Development (S D D) District, Vail Town Code. A t the
conclusion of the public hearing, the P E C voted 5-0-1 (Gillette abstained) to forward a
recommendation of denial, to the Vail Town Council
S TAF F RE C O M M E ND AT IO N: A pprove, approve with modifications, or deny Ordinance No. 4,
S eries of 2022, upon first reading.
AT TAC H ME N TS:
Description
Staff Memorandum
Attachment A. Draft Ordinance No. 4, Series of 2022
Attachment B. P E C Memorandum with attachments, March 14, 2022
Attachment C. P E C minutes, March 14, 2022
Presentation
public input
April 5, 2022 - Page 165 of 284
TO: Vail Town Council
FROM: Community Development Department
DATE: April 5, 2022
SUBJECT: First reading of Ordinance No. 4, Series of 2022, an ordinance repealing and
reenacting Ordinance No. 21, Series of 2017, providing for a major amendment
to Special Development District No. 36, Four Seasons Resort, in accordance with
Chapter 12-9A, Special Development (SDD) District, Vail Town Code, to allow for
reconfiguration of existing accommodation units, fractional fee units and dwelling
units, and to amend the Employee Housing Plan to relocate a portion of the
existing onsite employee housing offsite, located at 1 Vail Road/Lots A-C, Vail
Village Filing 2, and setting forth details in regard thereto. (PEC21-0059)
Applicant: Four Seasons Resort, represented by Andrew Sellnau
Planner: Jonathan Spence
I. SUMMARY
The applicant, Four Seasons Resort, represented by Andrew Sellnau, is requesting a
first reading of Ordinance No. 4, Series of 2022, an ordinance repealing and reenacting
Ordinance No. 21, Series of 2017, providing for a major amendment to Special
Development District No. 36, Four Seasons Resort, in accordance with Chapter 12-9A,
Special Development (SDD) District, Vail Town Code, to allow for reconfiguration of
existing accommodation units, fractional fee units and dwelling units, and to amend the
Employee Housing Plan to relocate a portion of the existing onsite employee housing
offsite located at 1 Vail Road.
On March 14, 2022, the Town of Vail Planning and Environmental Commission (PEC)
held a public hearing on the request for a recommendation to the Vail Town Council for
a major amendment to Special Development District No. 36, Four Seasons Resort,
pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail
Town Code. At the conclusion of the public hearing, the PEC voted 5-0-1 (Gillette
abstained) to forward a recommendation of denial, to the Vail Town Council.
April 5, 2022 - Page 166 of 284
Town of Vail Page 2
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 5, Series of 2022, upon first reading.
III. DESCRIPTION OF REQUEST/BACKGROUND
The applicant, Four Seasons Resort, is requesting a major amendment to SDD No. 36,
Four Seasons (Ord. No. 21, Series of 2017), in order to change the unit mix within the
resort and to relocate a portion of the existing on-site employee housing to down-valley
communities.
Following the 2017 approval, the Four Seasons completed some of the proposed
conversions, opted not to move forward with others, and moved forward with other
conversions that were not part of the approval. The following chart shows the approved,
existing, and proposed unit mixes:
Approved Unit Mix
2017
Existing Unit Mix 2021 Proposed
Unit Mix 2022
Net Change
from 2017
approval
130 AUs 117 AUs 123 AUs -7 AUs
28 Dwelling Units
(with 18 AAUs)
28 Dwelling Units (with
15 AAUs)
32 Dwelling
Units (with 15
AAUs)
+4 DUs
- 3 AAUs
6 FFUs 6 FFUs 6 FFUs -
28 EHU 28 EHU 12 EHUs -16 EHUs
The current proposal includes the following components:
• Replacing up to 16 underutilized onsite deed-restricted employee housing
units (EHUs) with offsite deed-restricted employee housing;
• Reconfiguring the underutilized dorm-style employee housing units into 13
additional hotel accommodation units (AUs); and
• Reclassifying seven existing accommodation units into four dwelling units.
As all the conversions occur within the existing structure, with the exception of the
existing EHU balconies that will be converted to AU square footage; there are no
changes to development standards such as setbacks, building height, site coverage,
and landscaping.
Parking:
The existing SDD (Ord. No. 21, Series of 2017) demonstrated a total parking capacity of
230 spaces serviced via a 24-hour valet service. The staff analysis of the approved,
completed, and proposed work indicates that the net effect on parking is negligible with
April 5, 2022 - Page 167 of 284
Town of Vail Page 3
an overall effect of a reduction in the requirement of 1.4 spaces. Please see page 12 of
the applicant’s narrative.
Commercial Linkage and Inclusionary Zoning:
The amendments to the unit mix accomplished through the 2017 amendments resulted
in an increase in the employee mitigation requirements which was addressed with a
housing deed restriction for at least one two-bedroom dwelling unit with a minimum of
788 square feet, located within the Town of Vail.
Staff analysis of the approved, completed, and proposed work, not including the
repurposing of 16 dorm rooms (EHUs) to Accommodation Units, has a relatively
negligible effect on the overall employee mitigation requirement for the Four Seasons
Resort. As shown on pages 13 and 14 of the applicant’s narrative, the net increase in
employees is 1.6 with a mitigation requirement of 20% or .32 employees. With the
inclusion of the repurposing of the existing EHUs, the total mitigation
requirement for the proposed amendments to SDD No. 36 is 32.32 employees.
Existing On-Site Employee Housing Program
The existing dormitory-style EHUs, comprised of 28 rooms for an occupancy of 56
employees, make up the bulk of the required mitigation measures. The Town has
consistently received notarized annual verification forms from the Four Seasons
indicating compliance with the deed restrictions. Town of Vail deed restrictions require
that units are continuously occupied by qualified residents. Accompanying the signed
verification has been lists of employees utilizing the on-site EHUs. Staff has learned
from the applicant’s team that the intention of providing the list of names was not only to
demonstrate that the occupants were qualified residents, as required, but also to
demonstrate that the units were not being occupied at 100% capacity. As this intention
is contrary to the verification form (a copy of which has been included as Attachment
C.), town staff has not been aware of the ongoing noncompliance with the requirements
of the deed restriction. Staff is concerned that the remaining dormitory-style rooms will
continue to function with less than 100% occupancy, as required by the deed restriction.
Proposed Mitigation
The applicant is proposing to meet the mitigation requirement through the purchase of
deed restrictions on existing homes in down-valley communities. Please see the
applicant’s narrative for details on this approach. The proposal will result in a net
increase in restricted square footage in comparison to the existing dorm rooms but
equates to the same number of employees mitigated per the code requirements
outlined in Table 23-2 and shown below:
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Town of Vail Page 4
TABLE 23-2
SIZE OF EMPLOYEE HOUSING UNITS
Type
Of Unit
Minimum Size
(GRFA)
Number Of
Employee s
Housed
Dormitory 250 1
Studio 438 1.25
1 bedroom 613 1.75
2 bedroom 788 2.25
3 or more
bedroom
1,225 3.5
The applicant’s provided slide, Attachment B to the applicant’s narrative, shows the
potential estimated square footage achieved through this approach. The proposed
receiving areas for the new deed restrictions includes the communities of Eagle Vail,
Avon, and Edwards with the western terminus of the area being generally the Lake
Creek Apartments area, as shown on the provided map included as Attachment B.
Deed Restriction Exchange Program
The applicant is intending to accomplish the off-site deed restrictions through the
Special Development District amendment process. Section 12-3-5 of the Vail Town
Code provides a mechanism for the removal of a deed restriction on a property. (Please
see Section IV, Applicable Planning Documents for this section of the Vail town Code.)
As the applicant is proposing an Amendment to the SDD, this section shall only serve
as a guide. Per this section, the relocation of a deed restriction is subject to a ratchet
effect determined by the location of the existing restriction and the location of the
proposed restriction. In this case, the Four Seasons is located within the Commercial
Job Core, as defined, and the proposed down valley receiving areas are located outside
of the Commercial Job Core. Per Section 12-13-5 D.3.b. of the Vail Town Code, the
exchange rate would be three (3) times the GRFA requirement of the existing EHUs. It
should be noted that at this time exchanging in town restrictions for out of town
restrictions is not permissible under the exchange program.
IV. ZONING / SDD NO. 36 ANALYSIS
Address: 1 Vail Road
Legal Description: Vail Village Filing 2, Lot A - C
Existing Zoning: Public Accommodation (PA)
Existing Land Use Designation: Resort Accommodations and Services
Mapped Geological Hazards: Streep Slope > 40% (Man-Made)
View Corridor: None
April 5, 2022 - Page 169 of 284
Town of Vail Page 5
Development
Standard
Allowed /
Required Existing Proposed Change
Site Area 10,000 SF 2.32 acres (101,140 SF) No Change
Setbacks
As set forth in the Approved Development Plan referenced
in Section 4 of Ord. No. 20, Series of 2005, Four Seasons
SDD
No Change
Building Height 89’ N/A No Change
Density
AUs: 130
DUs: 28 (+15 AAUs)
FFUs: 6
EHUs: 28
AUs: 123
DUs: 32 (with 15 AAUs)
FFUs: 6
EHUs: 12
AUs: +7
DUs: +4
FFUs No Change
EHUs: -16
GRFA 177,609 SF No Change
Retail SF 2,386 SF No Change
Restaurant SF 5,946 SF No Change
Conference SF 11,139 SF No Change
Health Club 18,577 SF No Change
Site Coverage 85,091 SF (71%) (Below Grade)
70,150 SF (59%) (Above Grade) No Change
Landscaping 35,268 SF (30%) No Change
Parking &
Loading 230 Spaces 235 Spaces 235 Spaces No Change
V. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On March 14, 2022, the Town of Vail Planning and Environmental Commission (PEC)
held a public hearing on the request for a recommendation to the Vail Town Council for
a major amendment to Special Development District No. 36, Four Seasons Resort,
pursuant to the requirement of Section 12-9A, Special Development (SDD) District, Vail
Town Code. At the conclusion of the public hearing, the PEC voted 5-0-1 (Gillette
abstained) to forward a recommendation of denial, to the Vail Town Council.
Staff would encourage the Town Council to consider remanding the application back to
the Planning and Environmental Commission for further review.
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon
first reading, the Planning and Environmental Commission recommends the Town
Council passes the following motion:
“The Vail Town Council approves on first reading Ordinance No. 4, Series of
2022, an ordinance repealing and reenacting Ordinance No. 21, Series of 2017,
for a major amendment to Special Development District No. 36, Four Seasons,
to allow for reconfiguration of existing accommodation units, fractional fee units
and dwelling units, and to amend the Employee Housing Plan to relocate a
portion of the existing onsite employee housing offsite, located at 1 Vail
Road/Lots A-C, Vail Village Filing 2, and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon
first reading, the Planning and Environmental Commission recommends the Town
Council include the following conditions:
April 5, 2022 - Page 170 of 284
Town of Vail Page 6
1. The exterior building changes associated with this major amendment to SDD No.
36, Four Seasons, are contingent upon the applicant obtaining Town of Vail
approval of an associated design review board application for all exterior
changes to the property;
2. Prior to issuance of a certificate of occupancy for the conversion of any of the
existing dorm rooms in the subject property, the applicant shall record with the
Eagle County Clerk and Recorder a Town of Vail employee housing deed
restriction corresponding to square footages per Table 23-2 for each employee.
Each dormitory room repurposed equated to two employees for the purposes of
mitigation.
Should the Vail Town Council choose to approve Ordinance No. 4, Series of 2022, upon
first reading, the Planning and Environmental Commission recommends the Town
Council makes the following findings:
1. That the SDD complies with the standards listed in Section 12-9A-8-A, Vail Town
Code, or the applicant has demonstrated that one or more of the standards is not
applicable, or that a practical solution consistent with the public interest has been
achieved;
2. That the SDD is consistent with the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town;
3. That the SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the town in
a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.”
VI. ATTACHMENTS
A. Draft Ordinance No. 4, Series of 2022
B. PEC Memorandum, with attachments, dated March 14, 2022
C. PEC minutes, March 14, 2022
April 5, 2022 - Page 171 of 284
Ordinance No. 5, Series of 2022 1
ORDINANCE NO. 4
SERIES OF 2022
AN ORDINANCE REPEALING AND REENACTING ORDINANCE NO. 20, SERIES OF
2005, PROVIDING FOR A MAJOR AMENDMENT TO SPECIAL DEVELOPMENT
DISTRICT NO. 36, FOUR SEASONS RESORT, PURSUANT TO ARTICLE A,
SPECIAL DEVELOPMENT (SDD) DISTRICT, CHAPTER 9, TITLE 12, ZONING
REGULATIONS, VAIL TOWN CODE, AND SETTING FORTH DETAILS IN REGARD
THERETO
WHEREAS, the Town of Vail, in the County of Eagle and State of Colorado (the
"Town"), is a home rule municipal corporation duly organized and existing under the
laws of the State of Colorado and the Vail Town Charter;
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special
Development District No. 36, Four Seasons Resort;
WHEREAS, amendments to a Special Development District are permitted
pursuant to the parameters set forth in Section 12-9A-10, Vail Town Code;
WHEREAS, the Planning and Environmental Commission of the Town held a
public hearing on March 14, 2022 to consider the proposed amendments in accordance
with the provisions of the Vail Town Code;
WHEREAS, the Council finds that the proposed amendments to Special
Development District No. 36, Four Seasons Resort, comply with the design criteria
outlined in Section 12-9A-8, Vail Town Code;
WHEREAS, the Council finds that the Special Development District amendments
comply with the standards listed Article 12-9A, Special Development District, or that a
practical solution consistent with the public interest has been achieved;
WHEREAS, the Council finds that the Special Development District amendments
are consistent with the adopted goals, objectives and policies outlined in the Vail
comprehensive plan and compatible with the development objectives of the town;
WHEREAS, the Council finds that the Special Development District amendments
are compatible with and suitable to adjacent uses and appropriate for the surrounding
areas;
WHEREAS, the Council finds that the Special Development District amendments
April 5, 2022 - Page 172 of 284
Ordinance No. 5, Series of 2022 2
promote the health, safety, morals, and general welfare of the Town and promote the
coordinated and harmonious development of the Town in a manner that conserves and
enhances its natural environment and its established character as a resort and
residential community of the highest quality;
WHEREAS, the approval of these Special Development District amendments,
and the development standards in regard thereto, shall not establish a precedent or
entitlements elsewhere within the Town;
WHEREAS, all notices as required by the Town of Vail Municipal Code have
been sent to the appropriate parties.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Ordinance No. 36, Series of 2017, is hereby repealed and reenacted as
follows: (all additions are illustrated with bold italics, deletions are illustrated with
strikethrough):
Section 1. Purpose of the Ordinance
The purpose of Ordinance No. 17 4, Series of 2017 2022, is to amend an
Approved Development Plan for Special Development District No. 36 Four
Seasons Resort, and to prescribe appropriate development standards for Special
Development District No. 36, in accordance with the provisions of Chapter 12-9A,
Vail Town Code. The "underlying" zone district for Special Development District
No. 36 shall remain Public Accommodation zone district.
Section 2. Establishment Procedures Fulfilled, Planning Commission
Report
The procedural requirements described in Chapter 12-9A of the Vail Town Code
have been fulfilled and the Vail Town Council has received the recommendation of
approval from the Planning & Environmental Commission for the major
amendment to Special Development District No. 36, Four Seasons Resort.
Requests for the amendment of a special development district follow the
procedures outlined in Chapter 12-9A of the Vail Town Code.
Section 3. Special Development District No. 36
The Special Development District is hereby amended to assure comprehensive
development and use of the area in a manner that would be harmonious with the
general character of the Town, provide adequate open space and recreation
amenities, and promote the goals, objectives and policies of the Town of Vail
Comprehensive Plan. Special Development District No. 36, Four Seasons Resort,
April 5, 2022 - Page 173 of 284
Ordinance No. 5, Series of 2022 3
is regarded as being complementary to the Town of Vail by the Vail Town Council
and the Planning & Environmental Commission and has been amended because
there are significant aspects of the Special Development District that cannot be
satisfied through the imposition of the standard Public Accommodation zone
district requirements.
Section 4. Development Standards – Special Development District No. 36,
Four Seasons Resort Development Plan
The Approved Development Plan for Special Development District No. 36, Four
Seasons Resort, shall include the following plans and materials provided by
Zehren and Associates, Inc., and Hill Glazier Architects, and Alpine Engineering,
dated August 8, 2005, and stamped approved by the Town of Vail, dated August 8,
2005 and the plans provided by Braun Associates, dated July, 2017 and the 2022
Floor Plan Exhibit:
a. C1. Existing Conditions Plan
b. C3. Water and Sanitary Sewer Plan
c. C4. Grading and Drainage Plan
d. C5. Erosion and Sediment Control Plan
e. C6. Shall Utility Plan
f. A-2.0.1 Level 1 Plan (132’)
g. A-2.0.2 Level 2 Plan (140’, 142’)
h. A-2.0.3 Level 3 Plan (152’)
i. A-2.0.4 Level 4 Plan (162’)
j. A-2.0.5 Level 5 Plan (172’)
k. A-2.0.6 Level 6 Plan (182’)
l. A-2.0.7 Level 7 Plan (192’)
m. A-2.0.8 Level 8 Plan (202’)
n. A-2.0.9 Level 9 Plan (212’)
o. A-2.0.10 Level 10 Plan (222’)
p. A-2.0.11 Roof Plan
q. A-5.0.1 Elevations
r. A-5.0.2 Elevations
s. A-5.0.3 Elevations
t. A-8.0.1 Site Plan North
u. A-8.0.2 Site Plan South
v. A-9.0.1 Landscape Plan North
w. A-9.0.2 Landscape Plan South
x. A-10.0.1 Building Height Calculations – Absolute Height/Interpolated
Contours
y. A-10.0.2 Building Height Calculations – Maximum
Height/Interpolated Contours
z. A-10.0.3 Building Height Calculations at Proposed Grades
aa. A-11.0.1 Existing Circulations
April 5, 2022 - Page 174 of 284
Ordinance No. 5, Series of 2022 4
bb. A-11.0.2 Proposed Circulations
cc. A-12.0.1 Off-site Improvements Plan
dd. A-13.0.1 Landscape Area
ee. A-14.0.1 Hardscape Area
ff. A-15.0.1 Above Ground Site Coverage
gg. A-15.0.2 Site Coverage Below Grade
hh. A-16.0.1 Streetscape Elevations
ii. Level 1 – Existing and Proposed Condition
jj. Level 2 – Existing and Proposed Condition
kk. Level 3 – Existing and Proposed Condition
ll. Level 4 – Existing and Proposed Condition
mm. Level 5 – Existing and Proposed Condition
nn. Level 6 – Existing and Proposed Condition
oo. Level 7 – Existing and Proposed Condition
pp. Level 8 – Existing and Proposed Condition
qq. Level 9 – Existing and Proposed Condition
rr. Level 10 – Existing and Proposed Condition
ss. Level 1 and Level 2 – Existing Parking
tt. Level 1 and Level 2 – Proposed Parking
uu. 2022 Floor Plan Exhibit
Permitted Uses –
The permitted uses in Special Development District No. 36 shall be as set forth in
the development plans referenced in Section 4 of this ordinance.
Conditional Use –
The conditional uses for Special Development District No. 36, Four Seasons
Resort, shall be set forth in Section 12-7A-3 of the Town of Vail Zoning
Regulations. All conditional uses shall be reviewed per the procedures as outlined
in Chapter 12-16 of the Town of Vail Zoning Regulations.
Density – Units per Acre – Dwelling Units, Accommodation Units, Fractional
Fee Club Units and Employee Housing Units –
The number of units permitted in Special Development District No. 36, Four
Seasons Resort, shall not exceed the following:
Dwelling Units – 28 32
Accommodation Units – 130 123
Fractional Fee Club Units – 6
Type III Employee Housing Units – 28 12
Attached Accommodation Units – 15
April 5, 2022 - Page 175 of 284
Ordinance No. 5, Series of 2022 5
Density – Floor Area –
The gross residential floor area (GRFA), common area and commercial square
footage permitted for Special Development District No. 36, Four Seasons Resort,
shall be as set forth in the Approved Development Plan referenced in Section 4 of
this ordinance.
Specifically:
GRFA – 177,609 square feet
Retail – 2,386 square feet
Restaurant/Lounge – 5,946 square feet (seating capacity)
Conference Facilities – 11,139 square feet
Health Club and Spa – 18,577 square feet
Setbacks –
Required setbacks for Special Development District No. 36, Four Seasons Resort,
shall be as set forth in the Approved Development Plan referenced in Section 4 of
this ordinance.
Height –
The maximum building height for Special Development District No. 36, Four
Seasons Resort, shall be as set forth in the Approved Development Plan
referenced in Section 4 of this ordinance (89 feet maximum).
Site Coverage –
The maximum site coverage allowed for Special Development District No. 36, Four
Seasons Resort, shall be as set forth in the Approved Development Plan
referenced in Section 4 of this ordinance (70,150 square feet above grade or 59%;
and 85,091 square feet below grade or 71%).
Landscaping –
The minimum landscape area requirement for Special Development District No.
36, Four Seasons Resort, shall be as set forth in the Approved Development Plan
referenced in Section 4 of this ordinance (35,268 square feet or 30%).
April 5, 2022 - Page 176 of 284
Ordinance No. 5, Series of 2022 6
Parking and Loading –
The required number of off-street parking spaces and loading/delivery berths for
Special Development District No. 36, Four Seasons Resort, shall be provided as
set forth in the Approved Development Plan referenced in Section 4 of this
ordinance (230 spaces required, 235 spaces provided). In no instance shall Vail
Road, West Meadow Drive or the South Frontage Road be used for
loading/delivery or guest drop-off/pick-up without the prior written approval of the
Town of Vail. The required parking spaces shall not be individually sold,
transferred, leased, conveyed, rented or restricted to any person other than a
condominium owner, fractional fee owner, tenant, occupant or other user of the
building, except that six (6) of the required spaces may be utilized by the Holiday
House Condominium Association, d/b/a Nine Vail Road Condominiums for parking
pursuant to the terms of a recorded Easement Agreement. The foregoing
language shall not prohibit the temporary use of the parking spaces for events or
uses outside of the building, subject to the approval of the Town of Vail nor shall it
limit the number of spaces available for sale or lease to condominium and/or
fractional fee owners.
Section 5. Approval Agreements for Special Development District No. 36,
Four Seasons Resort
The approval Special Development District No. 36, Four Seasons Resort shall be
conditioned upon the developer's demonstrated compliance with the following
approval agreements:
1. That the developer shall provide deed-restricted housing that complies with
the Town of Vail Employee Housing requirements (Chapter 12-13) for a
minimum of 56 24 employees on the Four Seasons Resort site, and that
said deed-restricted employee housing shall be made available for
occupancy, and that the deed restrictions shall be recorded with the Eagle
County Clerk & Recorder, prior to issuance of a Temporary Certificate of
Occupancy for the Four Seasons Resort.
2. That the Memorandum of Understanding as provided in Exhibit A, shall be
adopted with the second reading of Ordinance No. 20, Series of 2005. This
fulfills approval agreement number 2 of first reading of Ordinance No. 20,
Series of 2005.
3. That the developer shall record a drainage easement for Spraddle Creek.
The easement shall be prepared by the developer and submitted for review
and approval by the Town Attorney. The easement shall be recorded with
the Eagle County Clerk & Recorder's Office prior to the issuance of a
Temporary Certificate of Occupancy for the Four Seasons Resort.
April 5, 2022 - Page 177 of 284
Ordinance No. 5, Series of 2022 7
4. That the developer shall submit a final exterior building materials list, a
typical wall section and complete color renderings for review and approval
of the Design Review Board, prior to submittal of an application for a
building permit.
5. That the developer shall submit a comprehensive sign program proposal for
the Four Seasons Resort for review and approval by the Design Review
Board, prior to the issuance of a Temporary Certificate of Occupancy for the
Four Seasons Resort.
6. That the developer shall submit a rooftop mechanical equipment plan for
review and approval by the Design Review Board prior to the issuance of a
building permit. All rooftop mechanical equipment shall be incorporated into
the overall design of the hotel and enclosed and visually screened from
public view.
7. That the developer shall post a bond to provide financial security for the
150% of the total cost of the required off-site public improvements. The
bond shall be in place with the Town prior to the issuance of a building
permit.
8. That the developer shall comply with all fire department staging and access
requirements pursuant to Title 14, Development Standards, Vail Town
Code. This will be demonstrated on a set of revised plans for Town review
and approval prior to building permit submittal.
9. That the required Type Ill deed-restricted employee housing units shall not
be eligible for resale and that the units be owned and operated by the hotel
and that said ownership shall transfer with the deed to the hotel property.
10. That the developer shall coordinate the relocation of the existing electric
transformers on the property with local utility providers. The revised
location of the transformers shall be part of the final landscape plan to be
submitted for review and approval by the Design Review Board.
11. That the developer shall submit a written letter of approval from Nine Vail
Road Condominium Association, the Scorpio Condominium Association,
and the Alphorn Condominium Association granting access to allow for the
construction of sidewalk, drainage, Spraddle Creek relocation, and
landscaping improvements, respectively, prior to the issuance of a building
permit.
12. That the developer provides a 6 ft. to 8 ft. heated paver pedestrian walkway
from the Frontage Road bus stop adjacent to the West Star Bank then
continuing east to Vail Road and then south to the 9 Vail Road property line.
April 5, 2022 - Page 178 of 284
Ordinance No. 5, Series of 2022 8
All work related to providing these improvements including lighting,
retaining, utility relocation, curb and gutter, drainage and landscaping shall
be included. A plan shall be submitted for review and approval by the Town
and the Design Review Board prior to submittal of a building permit.
13. That the developer shall provide a heated pedestrian walk connection from
the Frontage Road to West Meadow Drive. The developer shall record a
pedestrian easement for this connection for review and approval by the
Town Attorney prior to issuance of a Temporary Certificate of Occupancy.
14. That the developer shall prepare and submit all applicable roadway and
drainage easements for dedication to the Town for review and approval by
the Town Attorney. All easements shall be recorded with the Eagle County
Clerk and Recorder's Office prior to issuance of a Temporary Certificate of
Occupancy.
15. That the developer shall be assessed an impact fee of $5,000 for all net
increase in pm traffic generation as shown in the revised April 4, 2003,
Traffic Study. The net increase shall be calculated using the proposed peak
generating trips less the existing Resort Hotel and Auto Care Center trips,
respectively being 155-(108+7) = 40 net peak trips @ $5,000 = $200,000.
This fee will be offset by the cost of non-adjacent improvements
constructed.
16. That the developer shall receive approval for all required permits (CDOT
access, ACOE, dewatering, storm-water discharge, etc.) prior to issuance of
a building permit.
17. That the developer shall submit a full site grading and drainage plan for
review and approval by the Town and the Design Review Board. The
drainage plan will need to be substantiated by a drainage report provided by
a Colorado professional Engineer, include all drainage, roof drains,
landscape drains etc., and how they will connect with the TOV storm
system. The developer shall submit all final civil plans and final drainage
report to the Town for civil approval by the Department of Public Works,
prior to submittal of a building permit.
18. That the developer shall provide detailed civil plans, profiles, details, limits
of disturbance and construction fence for review and civil approval by the
Department of Public Works, prior to submittal of a building permit.
19. That the developer shall be responsible for all work related to providing
landscaping and lighting within the proposed Frontage Rd. medians. A
detailed landscape plan of the medians shall be provided for review and
approval by the Design Review Board.
April 5, 2022 - Page 179 of 284
Ordinance No. 5, Series of 2022 9
20. That the developer shall provide additional survey information of the south
side of the Frontage Road to show existing trees to be removed and
additional survey in front of the Scorpio building in order to show accurate
grades for the construction of the path from the Four Seasons to the bus
stop at West Star bank. Final design shall be reviewed and approved by
the Town and the Design Review Board.
21. That the developer is responsible for 100% of final design improvements
along West Meadow Drive from the centerline of the road back to the Four
Seasons property line from Mayors' park to western most property line of
the Four Seasons, including any drainage and grade tie-ins beyond the
west property line. This includes all improvements, including, drainage,
lighting, art, streetscape enhancements, edge treatments, curbs, heated
walks, etc. Final plans shall match and be coordinated with the proposed
Town of Vail Streetscape plan for West Meadow Drive and shall be
provided for review and approval by the Design Review Board.
22. That the developer shall incorporate public art into the development and
shall coordinate all art proposals with the Art in Public Places Board, subject
to review and approval by the Design Review Board.
23. That the developer shall resolve all of the following design-related issues for
final Design Review Board review and approval:
a. Proposed hydrant relocation at the NW corner of the property shall
be graded to be level with the proposed sidewalk and landscaping
will be located as to not interfere with the operation of the hydrant.
b. The cross-slope on the West Meadow Drive walk shall maintain a
max. 2.0% cross slope that is sloped towards the road.
c. The boulder walls and grading at the SE corner of the property shall
be modified as to not impact the existing 2-36" CMP's.
d. The foundation wall at the SE corner of the parking structure shall be
modified to accommodate the existing Spraddle Creek vault.
e. The proposed Spraddle Creek vault and concrete box culvert shall
be modified to work with the existing phone vault.
f. All known existing utilities shall be shown on a plan with the
proposed drainage and utilities in order to clarify potential conflicts.
g. The proposed walk that meets the frontage road walk at the eastern
portion of the property shall be realigned slightly to the west to avoid
the existing inlet.
h. Fire staging turning movements shall be show on plans.
i. Retaining walls west of the loading and delivery access drive shall be
curved/angled in order to "bench" access drive wall.
j. Top of wall elevation for the Frontage Rd-West Meadow Drive path
April 5, 2022 - Page 180 of 284
Ordinance No. 5, Series of 2022 10
reads as 185.S?(Typo).
k. Railings shall be provided for paths where necessary.
l. Show edge of existing pavement for Frontage road on civil plans and
show match point.
m. Erosion control plan shall be updated.
n. Show grading around proposed electric vault.
o. Show driveway grades, spot elevations on civil plans.
p. Show additional TOW/BOW elevations on pool walls.
24. That the developer shall begin initial construction of the Four Seasons
Resort within three years from the time of its final approval at second
reading of the ordinance amending Special Development District No. 36,
Four Seasons Resort, and continue diligently toward the completion of the
project. If the developer does not begin and diligently work toward the
completion of the special development district or any stage of the special
development district within the time limits imposed, the approval of said
special development district shall be void. The Planning and Environmental
Commission and Town Council shall review the special development district
upon submittal of an application to reestablish the special development
district following the procedures outlined in Section 12-9A-4, Vail Town
Code.
25. That the developer shall commit no act or omission in any way to cause the
current operation of the Chateau at Vail to cease until such time as a
demolition permit is issued by the Department of Community Development.
26. The exterior building changes associated with this major amendment to
SDD No. 36, Four Seasons, are contingent upon the applicant obtaining
Town of Vail approval of an associated design review board application for
all exterior changes to the property.
27. Prior to issuance of any certificate of occupancy for any unit associated with
the altering of the unit mix and/or unit count in the subject property, the
applicant shall cause an offsite Town of Vail deed restriction to be recorded
with the Eagle County Clerk and Recorder for an employee housing unit,
with a minimum of two-bedrooms and 788 square feet, located within the
Town of Vail.
28. Prior to issuance of any building permit for altering the unit mix and/or unit
count in the subject property, the applicant shall pay to the Town of Vail a
traffic mitigation fee, in the amount of $11,200 per net new P.M. peak hour
vehicular trip.
29. Prior to issuance of a certificate of occupancy for the conversion of
any of the existing dorm rooms in the subject property, the applicant
April 5, 2022 - Page 181 of 284
Ordinance No. 5, Series of 2022 11
shall record with the Eagle County Clerk and Recorder a Town of Vail
employee housing deed restriction corresponding to square footages
per Table 23-2 for each employee. Each dormitory room repurposed
equated to two employees for the purposes of mitigation.
Section 6.
If any part, section subsection, sentence, clause or phrase of this ordinance is for
any reason held to be invalid, such decision shall not affect the validity of the
remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence,
clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 7.
The repeal or the repeal and re-enactment of any provisions of the Vail Municipal
Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under
or by virtue of the provision repealed or repealed and reenacted. The repeal of
any provision hereby shall not revive any provision or any ordinance previously
repealed or superseded unless expressly stated herein.
Section 8.
All bylaws orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. The
repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, heretofore repealed.
Section 2. The Town Council hereby finds, determines and declares that this
Ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and inhabitants thereof.
Section 3. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity of
the remaining portions of this ordinance; and the Town Council hereby declares it would
have passed this ordinance, and each part, section, subsection, sentence, clause or
phrase thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases by declared invalid.
Section 4. The repeal or the repeal and reenactment of any provisions of Vail
Municipal Code as provided in this ordinance shall not affect any right which has accrued,
any duty imposed, any violation that occurred prior to the effective date hereof, any
April 5, 2022 - Page 182 of 284
Ordinance No. 5, Series of 2022 12
prosecution commenced, nor any other action or proceeding as commenced under or by
virtue of the provision repealed or repealed and reenacted. The repeal of any provision
hereby shall not revive any provision or any ordinance previously repealed or superseded
unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent
herewith are hereby repealed to the extent only of such inconsistency. This repealer shall
not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
heretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of April 2022 and a
public hearing for second reading of this Ordinance set for the 19th day of April 2022, at
6:00 p.m. in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
_______________________
Kim Langmaid, Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDER PUBLISHED in
full this 19th day of April 2022.
_______________________
Dave Chapin, Mayor
ATTEST:
_________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 183 of 284
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 14, 2022
SUBJECT: A request for a recommendation to the Vail Town Council on a major amendment
to Special Development District No. 36, Four Seasons, pursuant to Section 12-
9A-10, Amendment Procedures, Vail Town Code, to allow for reconfiguration of
existing accommodation units, fractional fee units and dwelling units, and to
amend the Employee Housing Plan to relocate a portion of the existing onsite
employee housing offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2,
and setting forth details in regard thereto. (PEC21-0059)
Applicant: Four Seasons Resort, represented by Andrew Sellnau
Planner: Jonathan Spence
I. SUMMARY
The Four Seasons Resort is requesting a recommendation to the Vail Town Council for
a major amendment to Special Development District (SDD) No. 36, Four Seasons,
pursuant to Section 12-9A-10, Amendment Procedures, Vail Town Code, to allow for
reconfiguration of existing accommodation units and dwelling units, and to amend the
Employee Housing Plan to locate a portion of the existing onsite employee housing
offsite and outside the municipal limits of the Town of Vail.
Due to inconsistencies between the proposal and adopted policies, staff recommends
that the application be continued at this time to allow additional work on a more
comprehensive approach to the Four Season’s housing mitigation requirements. Please
see Section VIII of this report for specific staff recommendations.
II. DESCRIPTION OF REQUEST
The applicant, Four Seasons Resort, is requesting a major amendment to SDD No. 36,
Four Seasons (Ord. No. 21, Series of 2017), in order to change the unit mix within the
resort and to relocate a portion of the existing on-site employee housing to down-valley
communities.
April 5, 2022 - Page 184 of 284
Town of Vail Page 2
Following the 2017 approval, the Four Seasons completed some of the proposed
conversions, opted not to move forward with others and moved forward with other
conversions that were not part of the approval. The following chart shows the approved,
actual, and proposed unit mixes:
Approved Unit Mix
2017
Actual Unit Mix 2021 Proposed
Unit Mix 2022
Net Change
from 2017
approval
130 AUs 117 AUs 123 AUs -7 AUs
28 Dwelling Units
(with 18 AAUs)
28 Dwelling Units (with
15 AAUs)
32 Dwelling
Units (with 15
AAUs)
+4 DUs
- 3 AAUs
6 FFUs 6 FFUs 6 FFUs -
28 EHU 28 EHU 12 EHUs -16 EHUs
The current proposal includes the following components:
x Replacing up to 16 underutilized onsite deed-restricted employee housing
units (EHUs) with offsite deed-restricted employee housing,
x Reconfiguring the underutilized dorm-style employee housing units into 13
additional hotel accommodation units (AUs), and
x Reclassifying seven existing accommodation units into four dwelling units.
As all the conversions occur within the existing structure, with the exception of the
existing EHU balconies that will be converted to AU square footage; there are no
changes to development standards such as setbacks, building height, site coverage,
and landscaping.
Parking:
The existing SDD (Ord. No. 21, Series of 2017) demonstrated a total parking capacity of
230 spaces serviced via a 24 hour valet service. The staff analysis of the approved,
completed, and proposed work indicates that the net effect on parking is negligible with
an overall effect of a reduction in the requirement of 1.4 spaces. Please see page 12 of
the applicant’s narrative.
Commercial Linkage and Inclusionary Zoning:
The amendments to the unit mix accomplished through the 2017 amendments resulted
in an increase in the employee mitigation requirements which was addressed with a
housing deed restriction for at least one two-bedroom dwelling unit of with a minimum of
788 square feet, located within the Town of Vail.
April 5, 2022 - Page 185 of 284
Town of Vail Page 3
Staff analysis of the approved, completed, and proposed work, not including the
repurposing of 16 dorm rooms (EHUs) to Accommodation Units, has a relatively
negligible effect on the overall employee mitigation requirement for the Four Seasons
Resort. As shown on pages 13 and 14 of the applicant’s narrative, the net increase in
employees is 1.6 with a mitigation requirement of 20% or .32 employees. With the
inclusion of the repurposing of the existing EHUs, the total mitigation
requirement for the proposed amendments to SDD No. 36 is 32.32 employees.
Existing On-Site Employee Housing Program
The existing dormitory style EHUs, comprised of 28 rooms for an occupancy of 56
employees, make up the bulk of the required mitigation measures. The Town has
consistently received notarized annual verification forms from the Four Seasons
indicating compliance with the deed restrictions. Town of Vail deed restrictions require
that units are continuously occupied by qualified residents. Accompanying the signed
verification has been lists of employees utilizing the on-site EHUs. Staff has learned
from the applicant’s team that the intention of providing the list of names was not only to
demonstrate that the occupants were qualified residents, as required, but also to
demonstrate that the units were not being occupied at 100% capacity. As this intention
is contrary to the verification form (a copy of which has been included as Attachment
C.), town staff has not been aware of the ongoing noncompliance with the requirements
of the deed restriction. Staff is concerned that the remaining dormitory style rooms will
continue to function with less than 100% occupancy, as required by the deed restriction.
Proposed Mitigation
The applicant is proposing to meet the mitigation requirement through the purchase of
deed restrictions on existing homes in down-valley communities. Please see the
applicant’s narrative for details on this approach. The proposal will result in a net
increase in restricted square footage in comparison to the existing dorm rooms but
equates to the same number of employees mitigated per the code requirements
outlined in Table 23-2 and shown below:
TABLE 23-2
SIZE OF EMPLOYEE HOUSING UNITS
Type
Of Unit
Minimum Size
(GRFA)
Number Of
Employee s
Housed
Dormitory
250
1
Studio
438
1.25
1 bedroom
613
1.75
2 bedroom
788
2.25
April 5, 2022 - Page 186 of 284
Town of Vail Page 4
3 or more
bedroom
1,225
3.5
The applicant’s provided slide, Attachment B to the applicant’s narrative, shows the
potential estimated square footages achieved through this approach. The proposed
receiving areas for the new deed restrictions includes the communities of Eagle Vail,
Avon, and Edwards with the western terminus of the area being generally the Lake
Creek Apartments area, as shown on the provided map included as Attachment B.
Deed Restriction Exchange Program
The applicant is intending to accomplish the off site deed restrictions through the
Special Development District amendment process. Section 12-3-5 of the Vail Town
Code provides a mechanism for the removal of a deed restriction on a property. (Please
see Section IV, Applicable Planning Documents for this section of the Vail town Code.)
As the applicant is proposing an Amendment to the SDD, this section shall only serve
as a guide. Per this section, the relocation of a deed restriction is subject to a ratchet
effect determined by the location of the existing restriction and the location of the
proposed restriction. In this case, the Four Seasons is located within the Commercial
Job Core, as defined, and the proposed down valley receiving areas are located outside
of the Commercial Job Core. Per Section 12-13-5 D.3.b. of the Vail Town Code, the
exchange rate would be three (3) times the GRFA requirement of the existing EHUs. It
should be noted that at this time exchanging in town restrictions for out of town
restrictions is not permissible under the exchange program.
III. BACKGROUND
The subject property was once occupied by a 120 room Holiday Inn hotel and a gas
station. Ordinance No. 14, Series of 2001 established SDD No. 36, Four Seasons.
SDD No. 36, Four Seasons, was subsequently amended to alter the unit mix in 2003
(Ord. No. 9, Series of 2003), 2005 (Ord. No. 20, Series of 2005) and 2017 Ord. No. 21,
Series of 2017. The changes that occurred throughout this process are as follows:
2001 2003 2005 2017
AUs 116 118 122 130
DUs 15 18 16 28 (+ 18 AAUs)
FFUs 40 22 19 6
EHUs* 4,971 SF 34 28 28
Total Units 171 + EHUs 192 185 210
* The property was developed prior to the Town of Vail codifying EHU requirements.
Though approved in 2001, construction did not begin until 2006 and the project did not
open as the Four Seasons until 2010. While there have been changes to the internal
programming of the building, no other significant changes have been made to the resort
since its opening.
April 5, 2022 - Page 187 of 284
Town of Vail Page 5
IV. APPLICABLE PLANNING DOCUMENTS
Staff finds that the following provisions of the Vail Town Code are relevant to the review
of this proposal:
Title 12, Zoning Regulations, Vail Town Code
Chapter 9, Article A. Special Development (SDD) District (in part)
12-9A-1-A: PURPOSE:
The purpose of the special development district is to encourage flexibility and
creativity in the development of land in order to promote its most appropriate use; to
improve the design character and quality of the new development with the town; to
facilitate the adequate and economical provision of streets and utilities; to preserve
the natural and scenic features of open space areas; and to further the overall goals
of the community as stated in the Vail comprehensive plan. An approved
development plan for a special development district, in conjunction with the
property's underlying zone district, shall establish the requirements for guiding
development and uses of property included in the special development district.
12-9A-4: DEVELOPMENT REVIEW PROCEDURES:
A. Approval Of Plan Required: Prior to site preparation, building construction, or
other improvements to land within a special development district, there shall
be an approved development plan for said district. The approved
development plan shall establish requirements regulating development, uses
and activity within a special development district.
B. Preapplication Conference: Prior to submittal of a formal application for a
special development district, the applicant shall hold a preapplication
conference with the department of community development. The purpose of
this meeting shall be to discuss the goals of the proposed special
development district, the relationship of the proposal to applicable elements of
the town's comprehensive plan, and the review procedure that will be followed
for the application.
C. PEC Conducts Initial Review: The initial review of a proposed special
development district shall be held by the planning and environmental
commission at a regularly scheduled meeting. Prior to this meeting, and at
the discretion of the administrator, a work session may be held with the
applicant, staff and the planning and environmental commission to discuss
special development district. A report of the department of community
development staff's findings and recommendations shall be made at the initial
formal hearing before the planning and environmental commission. Within
twenty (20) days of the closing of a public hearing on a proposed amendment,
April 5, 2022 - Page 188 of 284
Town of Vail Page 6
the planning and environmental commission shall act on the petition or
proposal. The commission may recommend approval of the petition or
proposal as initiated, may recommend approval with such modifications as it
deems necessary to accomplish the purposes of this title, or may recommend
denial of the petition or rejection of the proposal. The commission shall
transmit its recommendation, together with a report on the public hearing and
its deliberations and findings, to the town council.
D. Town Council Review: A report of the planning and environmental
commission stating its findings and recommendations, and the staff report
shall then be transmitted to the town council. Upon receipt of the report and
recommendation of the planning and environmental commission, the town
council shall set a date for hearing within the following thirty (30) days. Within
twenty (20) days of the closing of a public hearing on a proposed SDD, the
town council shall act on the petition or proposal. The town council shall
consider but shall not be bound by the recommendation of the planning and
environmental commission. The town council may cause an ordinance to be
introduced to create or amend a special development district, either in
accordance with the recommendation of the planning and environmental
commission or in modified form, or the council may deny the petition. If the
council elects to proceed with an ordinance adopting an SDD, the ordinance
shall be considered as prescribed by the Vail town charter.
12-9A-8: DESIGN CRITERIA AND NECESSARY FINDINGS:
A. Criteria: The following design criteria shall be used as the principal criteria in
evaluating the merits of the proposed special development district. It shall be
the burden of the applicant to demonstrate that submittal material and the
proposed development plan comply with each of the following standards, or
demonstrate that one or more of them is not applicable, or that a practical
solution consistent with the public interest has been achieved:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity,
character, visual integrity and orientation.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
3. Parking And Loading: Compliance with parking and loading
requirements as outlined in chapter 10 of this title.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
April 5, 2022 - Page 189 of 284
Town of Vail Page 7
5. Natural And/Or Geologic Hazard: Identification and mitigation of
natural and/or geologic hazards that affect the property on which the
special development district is proposed.
6. Design Features: Site plan, building design and location and open
space provisions designed to produce a functional development
responsive and sensitive to natural features, vegetation and overall
aesthetic quality of the community.
7. Traffic: A circulation system designed for both vehicles and
pedestrians addressing on and off site traffic circulation.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and
function.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the
development of the special development district.
B. Necessary Findings: Before recommending and/or granting an approval of an
application for a special development district, the planning and environmental
commission and the town council shall make the following findings with
respect to the proposed SDD:
1. That the SDD complies with the standards listed in subsection A of this
section, unless the applicant can demonstrate that one or more of the
standards is not applicable, or that a practical solution consistent with
the public interest has been achieved.
2. That the SDD is consistent with the adopted goals, objectives and
policies outlined in the Vail comprehensive plan and compatible with
the development objectives of the town; and
3. That the SDD is compatible with and suitable to adjacent uses and
appropriate for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare
of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its
natural environment and its established character as a resort and
residential community of the highest quality.
12-9A-9: DEVELOPMENT STANDARDS:
April 5, 2022 - Page 190 of 284
Town of Vail Page 8
Development standards including lot area, site dimensions, setbacks, height, density
control, site coverage, landscaping and parking shall be determined by the town
council as part of the approved development plan with consideration of the
recommendations of the planning and environmental commission. Before the town
council approves development standards that deviate from the underlying zone
district, it should be determined that such deviation provides benefits to the town that
outweigh the adverse effects of such deviation. This determination is to be made
based on evaluation of the proposed special development district's compliance with
the design criteria outlined in section 12-9A-8 of this article.
12-9A-10: AMENDMENT PROCEDURES:
B. Major Amendments:
1. Requests for major amendments to an approved special development
district shall be reviewed in accordance with the procedures described
in section 12-9A-4 of this article.
2. Owners of all property requesting the amendment, or their agents or
authorized representatives, shall sign the application. Notification of
the proposed amendment shall be made to owners of all property
adjacent to the property requesting the proposed amendment, owners
of all property adjacent to the special development district, and owners
of all property within the special development district that may be
affected by the proposed amendment (as determined by the
department of community development). Notification procedures shall
be as outlined in subsection 12-3-6C of this title.
12-13-5 Employee Housing Unit Deed Restriction Exchange Program
A. Purpose: The purpose of this section is to provide occupied livable, affordable employee
housing units within the town of Vail through the establishment of an employee housing unit
deed restriction exchange program. The exchange program allows the town council to release a
deed restriction from an existing employee housing unit in exchange for the placement of an
employee housing deed restriction on another dwelling unit and/or a fee in lieu payment made
to the town of Vail.
B. Applicability: The program established under this section applies to existing employee
housing units. This shall not apply to any existing employee housing unit that is already price
appreciation capped or any employee housing unit established to meet the on site employee
mitigation requirements of chapter 23, "Commercial Linkage", or chapter 24, "Inclusionary
Zoning", of this title or as part of an approved development plan.
C. Definitions: For the purpose of this section:
COMMERCIAL JOB CORE: Those areas located south of Interstate 70, east of the
intersection of Forest Road and South Frontage Road, north of Vail Mountain, and west of the
town of Vail soccer fields on Vail Valley Road, as further defined by exhibit A of this section.
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EXCHANGE EHU: The existing nonprice appreciation capped employee housing unit or other
unit with an employee housing deed restriction that is being proposed to have the deed
restriction released as part of this program.
PROPOSED EHU: The existing, non-deed restricted dwelling unit that is being proposed to
receive an employee housing deed restriction as part of this program.
D. General Requirements: The town council may approve the removal of an employee
housing deed restriction from an existing employee housing unit in exchange for the placement
of an employee housing deed restriction, and/or the payment of a fee in lieu, as described in
subsection D5 of this section.
1. Exchange EHU Requirements:
a. The exchange EHU shall not be part of any employee housing project developed or
deed restricted (in part or in whole) by the town of Vail.
b. The exchange EHU shall not be part of any on site employee housing mitigation
required by inclusionary zoning, commercial linkage, or as part of an approved development
plan.
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c. The property that includes the exchange EHU shall comply with the prescribed
development standards (density controls including GRFA and number of units, site coverage,
landscaping and parking requirements, etc.), as outlined in the applicable zone district section of
this title, upon exchange of the deed restrictions.
2. Proposed EHU Requirements:
a. The proposed EHU(s) shall be located within the town of Vail.
b. The proposed EHU(s) shall be within a homeowners' association that does not
preclude deed restricted units, does not have a right of first refusal, does not have right to
approve the sale or the sale contract, or have any other requirements deemed to be similarly
restrictive by the administrator.
c. The proposed EHU shall comply with the minimum size requirements shown in table
13-2 of this section.
TABLE 13-2
MINIMUM SIZE OF PROPOSED EHUs
Type Of Unit Minimum Size (GRFA)
Studio 438 square feet
1 bedroom 613 square feet
2 bedroom 788 square feet
3+ bedrooms 1,225 square feet
d. The proposed EHU shall contain a kitchen facility or kitchenette and a bathroom.
e. The property on which the proposed EHU is located shall comply with chapter 10, "Off
Street Parking And Loading", of this title.
f. The proposed EHU shall have its own entrance. There shall be no interior access from
the proposed EHU to any dwelling unit to which it may be attached.
3. Exchange Rate For Proposed EHUs:
a. If the exchange EHU(s) is within the commercial job core and the proposed EHU(s) is
also within the commercial job core, the gross residential floor area (GRFA) of the proposed
EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
b. If the exchange EHU is within the commercial job core and the proposed EHU(s) is
outside of the commercial job core, the gross residential floor area (GRFA) of the proposed
EHU(s) shall be a minimum of three (3) times the gross residential floor area (GRFA) of the
exchange EHU.
c. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is
inside of the commercial job core, the gross residential floor area (GRFA) of the proposed
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EHU(s) shall be a minimum of one and one-half (1.5) times the gross residential floor area
(GRFA) of the exchange EHU.
d. If the exchange EHU is outside of the commercial job core and the proposed EHU(s) is
outside of the commercial job core, the gross residential floor area (GRFA) of the proposed
EHU(s) shall be a minimum of two (2) times the gross residential floor area (GRFA) of the
exchange EHU.
4. No Credit Given: If the gross residential floor area (GRFA) of the proposed EHU(s) is in
excess of the minimum required gross residential floor area (GRFA) as set forth in subsection
D3 of this section, the additional gross residential floor area (GRFA) shall not be eligible for use
as any form of future credit or for the commercial linkage or inclusionary zoning employee
housing mitigation banks established by sections 12-23-7 and 12-24-7 of this title.
5. Fee In Lieu: The applicant may provide a fee in lieu payment to the town of Vail for any
fractional portion of the required square footage less than four hundred thirty eight (438) square
feet not provided by a proposed EHU, if the proposed EHU does not fulfill the required amount
of calculated square footage.
a. The town council at its sole discretion may accept fee in lieu payment for the full
required square footage only if the exchange EHU was approved prior to July 22, 1994, and has
a deed restriction that includes the language stating, "if the unit is rented, it shall be rented only
to tenants who are full time employees...".
b. The fee in lieu calculated amount shall be paid after approval of the application by the
town council, but prior to recording of the deed restriction release. The fee shall be based upon
the current fee structure in place at the time of approval. Early payment of the fee in lieu shall
not be accepted prior to approval. The approval for deed restriction release shall sunset one
year from the date of approval and any fees paid are nonrefundable.
c. The town shall use monies collected from fees in lieu to provide incremental new
employee housing units.
Existing EHU square feet x inclusionary zoning fee = fee in lieu payment
E. Fees: The town council shall set an application fee schedule sufficient to cover the cost of
town staff time and other expenses incidental to the review of the application. The fee shall be
paid at the time of the application and shall not be refundable.
F. Review Process:
1. Submittal Requirements: The administrator shall establish the submittal requirements for
an employee housing deed restriction exchange application. A complete list of the submittal
requirements shall be maintained by the administrator and filed in the community development
department. Certain submittal requirements may be waived and/or modified by the administrator
and/or the reviewing body if it is demonstrated by the applicant that the information and
materials required are not relevant to the proposed exchange. The administrator and/or the
reviewing body may require the submission of additional materials if deemed necessary to
properly evaluate the application.
2. Review Procedures:
a. Administrator Review: The administrator shall review the application for completeness
and compliance with this section, and shall make a determination of completeness and
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compliance with this section within fourteen (14) days of application submittal. Should the
administrator deem that the application is incomplete or not in compliance with this section, the
administrator shall deny the application. Should the administrator deem the application is both
complete and in compliance with this section, the administrator shall forward the application for
review by the Vail local housing authority.
b. Vail Local Housing Authority Review: The review of a proposed employee housing
deed restriction exchange application shall be held by the Vail local housing authority at a
regularly scheduled meeting. A report of the community development department staff's findings
and recommendations shall be made at the formal hearing before the Vail local housing
authority. Within twenty (20) days of the closing of a public hearing on a proposed amendment,
the Vail local housing authority shall act on the application. The Vail local housing authority may
recommend approval of the application as initiated, may recommend approval with such
modifications as it deems necessary to accomplish the purposes of this title, or may recommend
denial of the application. The Vail local housing authority shall transmit its recommendation,
together with a report on the public hearing and its deliberations and findings, to the town
council.
c. Town Council Review: Upon receipt of the report and recommendation of the Vail local
housing authority, the town council shall set a date for hearing within the following thirty (30)
days. Within twenty (20) days of the closing of a public hearing on the application, the town
council shall act on the application. The town council shall consider but shall not be bound by
the recommendation of the Vail local housing authority. The town council may approve, either in
accordance with the recommendation of the Vail local housing authority or in modified form, or
the town council may deny the application.
d. Appeal: Administrator and town council decisions may be appealed in accordance with
the provisions in section 12-3-3, "Appeals", of this title.
3. Criteria And Findings:
a. Criteria: Before acting on an employee housing deed restriction exchange application,
the Vail local housing authority and Vail town council shall consider the following criteria with
respect to the application:
(1) The proximity and accessibility of the proposed EHU(s) to the commercial job core and
public transportation; and
(2) The size of the proposed EHU(s) in relation to the minimum employee housing unit sizes
established for commercial linkage mitigation in section 12-23-3 of this title; and
(3) The effect of any homeowners' association dues or maintenance fees imposed upon the
proposed EHU(s) on the affordability of the proposed unit for an employee; and
(4) The correlation between any homeowners' association fees imposed upon the proposed
EHU(s) and the services and amenities provided by the homeowners' association; and
(5) The extent to which the exchange is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the
development objectives of the town; and
(6) The extent to which the exchange presents a harmonious, convenient, workable relationship
among land uses consistent with municipal development objectives; and
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(7) The extent to which the exchange provides for the growth of an orderly viable community
and serves the best interests of the community as a whole.
b. Necessary Findings: Before recommending and/or granting an approval of an
employee housing deed restriction exchange application, the Vail local housing authority and
the Vail town council shall make the following findings with respect to the application:
(1) The application meets the general requirements of subsection D of this section; and
(2) The application is consistent with the applicable elements of the adopted goals, objectives
and policies outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
(3) The application furthers the general and specific purposes of the zoning regulations,
section 12-1-2 of this title, and the employee housing regulations, section 12-13-1 of this
chapter; and
(4) The application promotes the health, safety, morals, and general welfare of the town and
promotes the coordinated and harmonious development of the town in a manner that conserves
and enhances its natural environment and its established character as a resort and residential
community of the highest quality.
V. ZONING AND SDD NO. 36, FOUR SEASONS RESORT & RESIDENCES ANALYSIS
Address: 1 Vail Road
Legal Description: Vail Village Filing 2, Lot A - C
Existing Zoning: Public Accommodation (PA)
Existing Land Use Designation: Resort Accommodations and Services
Mapped Geological Hazards: Steep Slope > 40% (Man-Made)
View Corridor: None
Development
Standard
Allowed /
Required Existing Proposed Change
Site Area 10,000 SF 2.32 acres (101,140 SF) No Change
Setbacks
As set forth in the Approved Development Plan referenced
in Section 4 of Ord. No. 20, Series of 2005, Four Seasons
SDD
No Change
Building Height 89’ N/A No Change
Density
AUs: 130
DUs: 28 (+15 AAUs)
FFUs: 6
EHUs: 28
AUs: 123
DUs: 32 (with 15 AAUs)
FFUs: 6
EHUs: 12
AUs: +7
DUs: +4
FFUs No Change
EHUs: -16
GRFA 177,609 SF No Change
Retail SF 2,386 SF No Change
Restaurant SF 5,946 SF No Change
Conference SF 11,139 SF No Change
Health Club 18,577 SF No Change
Site Coverage 85,091 SF (71%) (Below Grade)
70,150 SF (59%) (Above Grade) No Change
Landscaping 35,268 SF (30%) No Change
Parking &
Loading 230 Spaces 235 Spaces 235 Spaces No Change
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VI. SURROUNDING LAND USES AND ZONING
Existing Land Use: Zoning District:
North: Public / Semi-Public General Use (GU)
South: Medium Density Residential Two-Family Residential (R)
Transition Area High Density Multiple-Family (HDMF)
General Use (GU)
Public Accommodation (PA)
East: Village Master Plan Public Accommodation (PA)
Commercial Service Center (CSC)
West: Resort Accomm. and Services High Density Multiple-Family (HDMF)
Transition Area
VII. SDD REVIEW CRITERIA
Before acting on an SDD application, the PEC and Town Council shall consider the
following factors with respect to the proposed SDD:
1. Compatibility: Design compatibility and sensitivity to the immediate
environment, neighborhood and adjacent properties relative to architectural
design, scale, bulk, building height, buffer zones, identity, character, visual
integrity and orientation.
With the exception of the conversion of the existing EHU balconies, the proposed major
amendment involves only the reconfiguration of existing interior space and will not
impact the immediate environment or neighborhood or adjacent properties relative to
architectural design, scale, bulk, building height, buffer zones, identity, character, or
visual integrity and orientation.
Staff finds the proposal complies with this criterion.
2. Relationship: Uses, activity and density which provide a compatible,
efficient and workable relationship with surrounding uses and activity.
The proposed major amendment involves primarily the reallocation of existing front line
worker housing down-valley. While fully cognizant of the challenges with the existing on
site employee program, the proposed relocation of the units outside of the Commercial
Job Core and outside of the municipal boundaries is inconsistent with the requirement
(12-24-6) that a minimum of half of the employee housing required is accomplished with
on site units.
In addition, the proposed amendment is inconsistent with the guidance of the Town of
Vail Deed Restriction Exchange Program. With no consideration of a multiplier or intown
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units, the proposal is not fair nor equitable in relation to what is required of similar
properties in similar situations, desiring to exchange deed restrictions.
Staff finds the proposal, at this time, does not comply with this criterion.
3. Parking and Loading: Compliance with parking and loading requirements
as outlined in Title 12, Chapter 10, Off Street Parking and Loading, Vail Town
Code.
The proposed major amendment does not result in a net increase in required parking.
The parking improvements completed as part of the 2017 Major SDD Amendment are
sufficient.
Staff finds the proposal complies with this criterion.
4. Comprehensive Plan: Conformity with applicable elements of the Vail
comprehensive plan, town policies and urban design plans.
The proposed major amendment conforms to the following elements of the Vail
comprehensive plan, town policies:
Vail Land Use Plan
Chapter II – Land Use Plan Goals / Policies (in part)
1.1 Vail should continue to grow in a controlled environment, maintaining a balance
between residential, commercial and recreational uses to serve both the visitor and the
permanent resident.
1.3 The quality of development should be maintained and upgraded whenever
possible.
1.12 Vail should accommodate most of the additional growth in existing developed
areas (infill areas).
3.1 The hotel bed base should be preserved and use more efficiently.
5.4 Residential growth should keep pace with the market place demands for a full
range of housing types.
At this time, the proposed major amendment is inconsistent with the following:
Vail Land Use Plan
Chapter II – Land Use Plan Goals / Policies (in part)
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5.3. Affordable employee housing should be made available through private efforts,
assisted by limited incentives, provided by the Town of Vail, with appropriate
restrictions.
5.5. The existing employee housing base should be preserved and upgraded.
Additional employee housing needs should be accommodated at varied sites
throughout the community.
Vail Housing 2027 - A Strategic Plan for Maintaining and Sustaining Community through
to the Creation and Support of Resident Housing in Vail
Mission: “We create, provide, and retain high quality, affordable, and diverse housing
opportunities for Vail residents to support a sustainable year round economy and build a
vibrant, inclusive and resilient community. We do this through acquiring deed
restrictions on homes so that our residents have a place to live in Vail.”
Policy Statement. Resident Housing as Infrastructure “We acknowledge that the
acquisition of deed restrictions on homes for Vail residents is critical to maintaining
community. Therefore, we ensure an adequate supply and availability of homes for
residents and recognize housing as infrastructure in the Town of Vail; a community
support system not unlike roads, bridges, water and sewer systems, fire, police, and
other services of the municipal government.”
Economic Value and Community Benefits of Resident Housing Investment
For each unit of resident housing, an estimated 400 hours of time and 950 gallons of
gasoline are saved from shorter commutes every year—equating to greater business
productivity and an opportunity for residents to give back to their community.
It is generally assumed that in-commuters living in closer proximity to Vail will account
for larger shares of new occupants of resident housing. As such, it was assumed that
the average distance traveled by new occupants of resident housing would have
traveled 30 miles. Over the course of a year, this reduction in commute time totals more
than 2.2 million miles and represents more than 2 percent of all vehicle miles traveled
by in-commuters. As a result, overall carbon emissions are reduced in the Vail Valley by
845 metric tons (2 percent of total estimated Vail in-commuter carbon emissions). It
means that in-commuters save more than 95,000 gallons of gasoline per year. This
annual savings means that enough energy is saved to charge more than 107 million
iPhones and is equivalent to the air-scrubbing benefits of nearly 14,000 tree seedlings
grown for more than 10 years.
Expansion of the Economy due to Filled Positions The availability of additional homes
for residents and the workforce translates to a greater jobs market and fewer unfilled
positions. It is estimated that approximately 123 full- and part-time positions would be
filled as a result of Vail’s resident housing investment (100 units), thereby expanding
Vail’s economy by an estimated $18.1 million annually (1.2 percent increase).
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Quality of Guest Experience There is direct linkage between the quality of the guest
experience and the supply of local employees
Staff finds the proposal, at this time, does not comply with this criterion.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural
and/or geologic hazards that affect the property on which the special
development district is proposed.
The subject property is not located within any natural or geologic hazard.
Staff finds the proposal complies with this criterion.
6. Design Features: Site plan, building design and location and open space
provisions designed to produce a functional development responsive and
sensitive to natural features, vegetation and overall aesthetic quality of the
community.
The proposal, with the exception of the conversion of the existing EHU balconies, does
include any changes to the site plan, building design or location, or open space
provisions.
Staff finds the proposal complies with this criterion
7. Traffic: A circulation system designed for both vehicles and pedestrians
addressing on and off site traffic circulation.
The proposed major amendment results in the movement of housing mitigation for
32.32 employees from within the municipal boundaries to areas west of Dowd Junction.
This relocation will result in possible increases to traffic in addition to exacerbating
existing parking challenges.
Staff finds the proposal may not comply with this criterion.
8. Landscaping: Functional and aesthetic landscaping and open space in
order to optimize and preserve natural features, recreation, views and function.
The proposed major amendment does not include any changes to the landscaping or
open space on the site.
Staff finds the proposal complies with this criterion.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a
workable, functional and efficient relationship throughout the development of the
special development district.
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The proposed major amendment only pertains to interior changes to a limited number of
the overall units located within the resort. No phasing or subdivision plan is necessary.
Staff finds the proposal complies with this criterion.
VIII. STAFF RECOMMENDATION
At this time and due to inconsistencies between the proposal and adopted policies, staff
recommends that the application be continued to allow additional work on a more
comprehensive approach to the Four Season’s housing mitigation requirements.
Staff understands the applicant’s position in regard to the undesirability of the existing
units. As opposed to moving more than half of the existing obligation down-valley, staff
would encourage a more holistic approach that would include improvements to the
existing EHUs and meeting a portion of the obligation with off-site, within town limits. In
order to maintain equity and fairness with the town’s land use regulations, reference to
the Deed Restriction Exchange Program is necessary.
Should the PEC choose to forward a recommendation of approval, with conditions,
for this request, the Community Development Department recommends the
Commission pass the following motion:
“The Planning and Environmental Commission forwards a recommendation of
approval, with conditions, to the Town Council for a major amendment to Special
Development District No. 36, Four Seasons, pursuant to Section 12-9A-10,
Amendment Procedures, Vail Town Code, to allow for reconfiguration of existing
accommodation units, fractional fee units and dwelling units, and to amend the
Employee Housing Plan to locate a portion of the existing onsite employee housing
offsite, located at 1 Vail Road/Lots A-C, Vail Village Filing 2, and setting forth details
in regard thereto.”
Should the PEC choose to forward a recommendation of approval, with conditions,
for this request, the Community Development Department recommends the following
conditions:
1. The exterior building changes associated with this major amendment to SDD No.
36, Four Seasons, are contingent upon the applicant obtaining Town of Vail
approval of an associated design review board application for all exterior
changes to the property;
2. Prior to issuance of a certificate of occupancy for the conversion of any of the
existing dorm rooms in the subject property, the applicant shall record with the
Eagle County Clerk and Recorder a Town of Vail employee housing deed
restriction corresponding to square footages per Table 23-2 for each employee.
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Each dormitory room repurposed equated to two employees for the purposes of
mitigation.
Should the PEC choose to forward a recommendation of approval, with conditions,
for this request, the Community Development Department recommends the PEC makes
the following findings:
“Based upon the review of the criteria outlined in Section VII of the Staff
Memorandum to the Planning and Environmental Commission dated March 14,
2022, and the evidence and testimony presented, the Planning and Environmental
Commission finds:
1. That the SDD complies with the standards listed in Section 12-9A-8-A, Vail Town
Code, or the applicant has demonstrated that one or more of the standards is not
applicable, or that a practical solution consistent with the public interest has been
achieved;
2. That the SDD is consistent with the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and compatible with the development
objectives of the town;
3. That the SDD is compatible with and suitable to adjacent uses and appropriate
for the surrounding areas; and
4. That the SDD promotes the health, safety, morals, and general welfare of the
town and promotes the coordinated and harmonious development of the town in
a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.”
IX. ATTACHMENTS
A. Project Narrative, March 2022
B. Applicant’s map of the westernmost terminus of receiving area
C. Annual Verification for EHU
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Four Seasons Resort and Residences Vail
Amendment to SDD No. 36 Page | 1
Proposed Amendments to SDD No. 36, Series 2005,
as previously amended by Ordinance No. 20, Series 2005 & Ordinance No. 21, Series of 2017
Four Seasons Resort and Residences Vail
March 2022
The purpose of this report is to provide a comprehensive description of amendments proposed to
the Four Seasons Resort and Residences Vail (Four Seasons) Special Development District No. 36, as
previously amended by Ordinance #20, Series 2005 and as further amended by Ordinance No.
21, Series of 2017. Information provided herein and under separate cover have been prepared in
accordance with Section 12-9A-4: Development Review Procedures for Special Development
Districts as outlined in the Town of Vail Zoning Regulations.
Amendments to SDD #36 are intended to allow for the reconfiguration of the Four Seasons that
will include, among other things,
1. replacing up to 16 underutilized onsite deed-restricted employee housing units (EHU’s)
with offsite deed-restricted employee housing,
2. reconfiguring the underutilized dorm-style employee housing units into up to 13
additional hotel accommodation units (AU’s), and
3. reclassifying seven existing accommodation units into four dwelling units.
Proposed amendments will not increase the overall footprint or existing floor plates (site
coverage) of the building; existing covered balconies on the 4th floor will be enclosed as part of
the conversion to accommodation units. In addition, there will be architectural enhancements
such as new windows and sidewall flues for new fireplaces (none of these improvements would
require amendments to the existing SDD).
This application is submitted on behalf of Ex Vail LLC (Ex Vail), an affiliate of Extell Development
Company. Ex Vail acquired the property in November of 2016. Property acquired and still
owned by Ex Vail includes the hotel and all resort amenity areas (spa, conference facilities,
restaurant/lounge, etc.). Twenty-eight Dwelling Units (DU’s) and six FFU’s have previously been
sold to other parties. These sold units are not a part of this SDD amendment.
Ex Vail fully recognizes and embraces the housing mitigation requirement it inherited when it
acquired the property. Our proposal in no way is seeking to diminish that requirement. In fact,
our proposal is driven by a desire to find real solutions to correct existing flaws and to meet the
demands of our valued year-round employees - in other words, Ex Vail needs to replace
underutilized dorm-style units with fully-performing housing - and it meets the needs of the
Town of Vail’s housing goals and identified solutions. Knowing now what we know, Ex Vail
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Four Seasons Resort and Residences Vail
Amendment to SDD No. 36 Page | 2
would not propose to develop what was approved in 2003; we are appreciative of the SDD
amendment process allowing the ideas in our proposal to come forward to demonstrate, as
required by the Vail Town Code, how we meet criteria and goals - again, in other words, we
think what we are proposing today, knowing what we know now, would have been the
preferred employee housing solution and approved in 2003 in lieu of the housing approach
that was actually approved nearly 20 years ago.
Information provided below includes:
1. Background on the Four Seasons Resort and Residences Vail
2. Vail’s Changing Landscape
3. Ex Vail’s Goals for Property
4. Proposed SDD amendments
5. SDD Review Criteria
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Four Seasons Resort and Residences Vail
Amendment to SDD No. 36 Page | 3
Background on Four Seasons Resort and Residences Vail
A Holiday Inn hotel and gas station existed on the subject site prior to the Town of Vail granting
approvals for the redevelopment of the property. The Holiday Inn included 120 hotel rooms
(Accommodation Units, or AU’s), along with a restaurant, a small amount of meeting space and
other accessory uses. The property was previously zoned Public Accommodation (PA) and with
the SDD approval the underlying zoning of the property remains PA.
Development approvals for the Four Seasons were originally established by Ordinance #14,
Series 2001. Ordinance #14 established SDD No. 36 that allowed for the development of the
following:
• 116 AU’s
• 15 DU’s
• 40 FFU’s
• Retail, restaurant, conference and health club/spa space, and
• 4,971sf of employee housing
Ordinance #9, Series 2003 amended SDD No. 36 and allowed for the development of the
following:
• 118 AU’s
• 18 DU’s
• 22 FFU’s
• Retail, restaurant, conference and health club/spa space, and
• 34 employee housing units
Ordinance #20, Series 2005 amended SDD No. 36 and allowed for the development of the
following:
• 122 AU’s
• 16 DU’s
• 19 FFU’s
• Retail, restaurant, conference facilities and health club/spa space, and
• 28 employee housing units
The approved plans for the original owner/developer and the 28 employee housing units were
configured and approved as double-occupancy, dorm room-style rooms that are approximately
182 usable square feet each (excluding hallway, closets, cabinets and bathrooms) and share a
bathroom with the adjacent dorm room; these were placed on the western side of the building
with only external access into each dorm room. They are recessed into the building with a ~6
foot overhang from the above floor; accordingly, they receive little natural light, which is
further restricted by the small 3 foot wide window and the solid steel entry door.
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Amendment to SDD No. 36 Page | 4
Construction of the project began in 2006 and after resolution of many issues during the
construction process the Four Seasons opened in December of 2010. Barclays Bank, lender on
the project, assumed ownership of the property from the original developers in 2009. Ex Vail
acquired the property in November of 2016. Four Seasons Hotels has an 80-year agreement
with Ex Vail to manage the hotel.
At the time of Ex Vail’s acquisition, the fractional ownership scheme was a failed endeavor in
which nearly 70% of the FFU’s remained unsold after six years of the resort being open. In
addition, given the decade-long development/construction process that took place from the
2001 SDD approval to the resort opening in 2010, the luxury lodging industry changed
significantly during that period, particularly consumer’s preference for interior design and unit
size. In many respects, the project’s design and the mix of hotel and related residential uses
were obsolete the day the hotel opened.
Shortly after Ex Vail’s acquisition, it began collaborative efforts with the Town of Vail to amend
the SDD to, among other things, change the approved mix of AU’s, DU’s and FFU’s that were
permitted on the property. Ordinance #21, Series 2017 amended SDD No. 36 and allowed for a
maximum density of:
• 130 AU’s
• 28 DU’s
• 6 FFU’s
• 18 Attached AU’s
• Retail, restaurant, conference facilities and health club/spa space, and
• 28 employee housing units
In addition, the 2017 amendment resulted in Ex Vail (i) funding an offsite deed restriction on an
874 sf two-bedroom unit and (ii) purchasing and deed restricting a 1,221 sf three-bedroom
unit.
Converting the unsold FFU’s to DU’s was the necessary catalyst that intrigued residential
purchasers; the 12 new DU’s all sold to third party owners over the course of 2018 through
2021 and 11 of them joined a rental program that keeps the units available as hotel inventory
through Four Seasons. In addition, those sales provided the “economic engine” necessary to
implement a full renovation of the resort’s common areas, amenities and hotel rooms. The
comprehensive renovation was completed in two phases—phase I in 2019 and phase II in 2021.
Vail’s Changing Landscape
Over the course of the 20 years between the initial SDD approval and now, Vail has
transformed as a destination. Vail is no longer just a ski destination; in addition to very strong
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summer tourism, Vail now receives significant shoulder season tourism as well. According to
DestiMetrics, July occupancy grew from 54% in 2007 to up to 71% in 2017 (albeit, with
additional hotel supply during that time, including the Four Seasons). May saw growth from
19% to 25% over that time, and September grew from 43% to 51%. Meanwhile, winter
occupancy actually fell from 60% in 2006/2007 to 51% in 2017/2018. This change has also
resulted in a significant increase in average nightly room rate; July rates grew 65% between
2008 and 2017. With this increase in rates (particularly for a hotel provider such as Four
Seasons), the customer expectations for amenities offered, level of service and consistency of
product increases significantly as well.
As a result of this changing landscape, Vail has become a year-round destination and the
services/product provided throughout the entirety of the year lend themselves to year-round
employees, including those seeking to reside in Eagle County on a long-term basis. It is no
longer feasible to staff and run a luxury hotel with predominantly seasonal visa workers. In
2018, we employed 3331 employees for some period of time; of that amount, 15% of the
employees were visa employees. Of the visa employees, 25 of them worked at the property for
less than 4 months before departing. Conversely, (i) we hired 112 new non-visa employees in
2018, which subsequently remained employed at the property for an average of 1.2 years, and
(ii) we had 146 non-Visa employees that were hired at some point prior to 2018, worked at the
resort during 2018 and ultimately had an average length of employment of 3.5 years. From
2017 through 2019, we typically had about 16 to 24 visa employees working onsite at the same
time; over that time period, our labor needs were approximately 220 “full time equivalents,” so
the visa employees only satisfied about 8% of our workforce assuming they worked full time.
The workforce at this point is very heavily skewed towards Eagle County residents that intend
to work for a preeminent multinational employer like Four Seasons for several consecutive
years.
Ex Vail’s Goals for the Property
Prior to 2019 and throughout the global pandemic impacts of the past two years, Extell has
been closely evaluating the Resort’s onsite employee housing program. With our expectation
for strong demand in the coming years, we need to maintain a consistent and well-trained
work force. As widely known at this point, the pandemic severely constrained visa work
programs and the labor market has seen substantial shortages in most U.S. markets.
While employer-provided housing should be a tool to attract talent to a remote resort town
like Vail, and as originally and creatively conceived in 2001 that fulfilling the employee housing
requirement entirely onsite would be not only an employee draw but a public benefit as well,
1 This includes all employees that received a paycheck at some point during 2019; this includes employee turnover,
as the business does not simultaneously employ that many people.
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we have found the occupancy of our onsite housing to be less than 45 percent most years since
we acquired the Resort due to the changing trends described above. Accordingly, to better
compete in the current labor market and to meet the Town of Vail’s pre-pandemic employee
housing goals, we need to prioritize a reimagined employee housing program for the Four
Seasons Vail. Securing affordable and stable housing for our employees is the greatest
challenge facing the Resort today. In other words, we want to secure off-site deed-restricted
employee housing units that we know will be fully occupied.
Extell and our redevelopment team have created a revised housing program that aligns with
community housing goals and is in compliance with Vail policy. Moreover, this is a win for all
three stakeholders— (i) the new program will increase employee housing utilization and
further meet the Town’s goals, (ii) employees will have a more desirable and stable housing
product, and (iii) Four Seasons expects less employee turnover due to housing challenges and
our business should have greater ability to attract new employees to the valley.
While we could continue operating the hotel as we are today, we want to implement solutions
so that not only are we meeting our 56-bed SDD requirement, but we are actually housing
employees and not leaving dozens of empty and underutilized employee beds. Peak occupancy
in 2019 was 37 tenants; 2018 was 32; 2017 was 38; and 2016 was 30. See attached Exhibit A
showing historical utilization.
The onsite housing product is very heavily skewed towards temporary accommodations for
temporary visa workers notwithstanding that they are only a very small portion of our
workforce. The remainder of our 200+ employees have foregone the onsite dorm rooms and
instead have elected to find their own offsite market rate housing; the feedback from these
employees on our dorm rooms is:
- A lack of kitchen facilities requires all meals to occur via our employee cafeteria.
- There are no living rooms or adequate space for lounge furniture; a twin-size bed
has to serve multiple purposes throughout the day.
- Shared bathrooms and layouts lack reasonable privacy and are not conducive to
couples or families.
- Living where they work causes uneasiness about a lack of separation between work
and personal lives.
Thus, the units do not offer long-term housing to help retain talented employees, nor do they
address housing needs of Colorado residents looking to work and raise a family in the Vail
Valley. In addition, the units’ location within the Resort and the lack of independent facilities
does not allow for the flexibility to assist other employers by renting to non-Four Seasons
employees.
Meanwhile, we have heard from employees living in their own offsite housing that they have
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tremendous uncertainty on future rent increases and that many landlords are only offering
them leases on short- or month-to-month terms; upon a sale or a changing view of their
landlord, they are forced to pack their belongings and move again. This ultimately creates
friction that in many instances results in them terminating their employment and leaving the
region. In the absence of fully performing employee housing units, Four Seasons employees are
competing with other employees for an already low supply of rental opportunities in the
region.
Proposed SDD Amendments
While we explored design ideas to renovate some of the onsite units to resolve the above-
mentioned challenges, the existing site conditions (the dorm rooms are sandwiched between
an HOA-owned hallway and a single exterior wall) prevented us from creating bedrooms and
living rooms that would comply with building code regulations for light and air in occupied
spaces. Accordingly, any attempt to create living rooms or larger bedrooms would result in a
substantial reduction in the quantity of dorm/bedrooms; we did not feel it was in the spirit of
the Town’s housing goals nor to the benefit of anyone to propose an outright 50%+ reduction in
the quantity of employee housing beds. Moreover, several of the challenges mentioned above
would have remained.
We are proposing to use Off-Site Mitigation to satisfy up to and including 32 of the 56
employees by:
1. Recording with the Eagle County Clerk and Recorder a Town of Vail employee
housing deed restriction on dwelling unit(s) located within the Mitigation Region
(including but not limited to Vail, Eagle-Vail, Avon and Edwards). Any such deed
restriction(s) shall immediately and permanently reduce the on-site dormitory
requirement based upon the occupancy (as set forth in Town of Vail code Table 23-
2) of the off-site deed restricted dwelling unit(s). For example, deed restricting an
off-site two-bedroom dwelling (1.75 employees housed, per Table 23-2) and a three-
bedroom dwelling (2.25 employees housed, per Table 23-2) would immediately
reduce the onsite requirement by four employees (ie, reduce the on-site
requirements by two double-occupancy dormitory rooms).
We intend to initially approach employees that already own a home within the Mitigation
Region; in exchange for a deed restriction payment, they would receive enhanced financial
stability while ensuring the Town another desirable home reserved exclusively for employee
use in perpetuity. In addition, we think that the deed restriction payment may help some
employees migrate from renters to acquiring their own home. In addition to procuring deed
restrictions from employees, we may need to procure some deed restrictions from third
parties; during that process we expect that the property owner would offer us priority access to
rent the deed restricted dwelling. We would in turn then sublet such dwelling(s) to employees;
this would afford them (i) certainty with respect to the stability of their housing, (ii) significantly
larger and more desirable housing, and (iii) flexibility for couples and families to have housing
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that aligns with their needs.
Ultimately, this mechanism will significantly upgrade the housing from small 2942 square foot
deed restricted dorm rooms to deed restricted homes/condos/townhouses. The upgraded
housing will have living rooms, kitchens and other aspects customary to homes, so the total
deed restricted square footage per bedroom should increase from the 294 square feet we have
today to ~397 square feet assuming we are able to deed restrict a combination of ~788 square
foot two-bedroom dwellings and ~1,200 square foot three-bedroom dwellings. See Exhibit B for
a comparison of current EHU units/square footage and proposed.
Similar to the 2017 amendment, the luxury hotel market and consumer demand has continued
to migrate further towards hotel run rental programs and some of the remaining large hotel
suites continue to be a drain on the overall performance of the property. In addition, much like
the 2017 amendment created the economic engine to finance the cost of all the other changes,
converting a few underperforming hotel rooms to four new condominium units would generate
the proceeds to (i) acquire the offsite deed restrictions contemplated above and (ii) convert the
vacant and underutilized dorm rooms into hotel rooms to be occupied year-round and
generating additional hotel occupancy tax. See the included floor plans marked to show the
specific locations and sizes of the converted hotel rooms.
As we offset the onsite dorm rooms with the Off-Site Mitigation, we intend to renovate,
reconfigure and repurpose the area into new hotel guestrooms.
The fundamental objective of these amendments is to improve the employee housing situation
for the benefit of the employees, the Town of Vail’s overall housing objectives, the community
at large and Four Seasons as employer. Between 2016 and 2018, on average housing for 30
people has sat vacant while our employees instead chose to pursue more desirable housing
elsewhere in the Vail Valley; this in turn is putting further upward pressure on the overall rents
within the region and Four Seasons’ employees are taking housing away from the rest of the
community. Ultimately, the employee housing product that was contemplated and approved
20 years ago has been deemed undesirable by most of our employees in recent years
notwithstanding that their cost would be less than $600/month (including all utilities and
meals) and that we have not increased the cost in over 5 years.
Amendments proposed to SDD No. 36 will allow for Off-Site Mitigation, as detailed herein and
as proposed on the redlined ordinance, as well as change the approved mix of AU’s and DU’s
that are currently permitted on the property. These changes and zoning considerations are
addressed below. As the enclosed balconies were part of the original construction, relevant
zoning considerations are limited to parking and employee housing.
2 The total dorm room area is comprised of: (i) approximately 182 sf of bedroom/living area, (ii) 35 sf of
hallway/circulation space, (iii) 20 sf of closets, (iv) 15 sf of cabinets, and (v) 50% of an 83 sf bathroom shared with
the adjacent double occupancy dorm room.
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An overview of how these amendments will benefit not just Ex Vail, but also the broader
community is provided below.
APPROACH TO PROJECT
The Four Seasons has been in operation for 11 years and has offered dorm rooms to employees
during that time and were Ex Vail to make no changes to the property the hotel can continue to
check the box on its SDD employee housing requirement and likely continue to operate for
another eleven years and beyond with 50% or more of the employee beds remaining empty
month in and month out. However, to make no changes would do nothing to improve the
overall utilization of employee housing and would continue to put pressure on the region’s
rental market. This would continue to cause further issues for employees in the region and
likely continue to cause employees and community residents to ultimately leave the region for
other communities with more affordable housing. In essence, the changes below reflect what
would be done differently (working within the physical limitations of the existing building) if the
hotel were being built for today’s market:
Off-site deed restrictions
Allowing the employee housing obligation for up to 32 of the 56 employees to be met with off-
site deed restrictions will result in an improved deed restricted housing product compared to
onsite undesirable dorm rooms. Two- and three-bedroom dwellings would allow for flexibility
for families or roommates; the dwellings would also contain more than double the amount of
livable space per employee compared to the current situation and would offer housing
amenities that are expected by most contemporary employees—including living rooms and
kitchens. These would ultimately result in approximately 27 new deed restricted bedrooms for
the community in perpetuity. This housing would be desirable for the 92% of our employees
that are not temporarily in Vail on a visa program.
Reclassify seven hotel rooms to DU’s
Since our amendment in 2017, demand for residential for-sale product and hotel run rental
programs for such units has continued to grow. For the 2019/2020 ski season, we found
residential rental demand to be 39% greater than its demand for the 2017/2018 ski season, but
typical hotel guestrooms were only 6% higher over that same period of time. Moreover, the
pandemic has increased consumer focus on vacation product that offers an enhanced element
of safety, which hotel run rental units offer. Based upon our prior sales, we expect near 100%
participation in the rental program by the proposed four additional DU’s. The reclassification to
for sale condominiums can provide the economic engine to fund the deed restrictions and
guestroom conversions. As several competing destinations have all recently announced major
new developments from luxury operators (Montage Big Sky, Four Seasons Telluride and the
Mayflower development in Deer Valley), the market continues to evolve, consumer tastes
continue to gravitate to residential rental product and ultimately Vail needs to adapt to the
ever-changing market to remain the premiere North America destination.
Re-purpose unused dorm rooms
Once replaced with off-site deed restricted housing, the underutilized dorm rooms shall be
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converted to additional hotel guestrooms. As previously detailed in 2017, the hotel’s standard,
entry level (non-suites) rooms have historically been the best performing rooms and while
there is some seasonal variation these rooms perform well throughout the year. Re-purposing
the empty dorm rooms into hotel rooms will offset the larger inefficient hotel rooms that were
now and previously reclassified as DU’s; in addition, increasing the quantity of standard hotel
rooms from the quantity that exists today (117) will generate additional business throughout
the year, which will benefit the community as a whole with increased occupancy taxes and
increased restaurant and retail business for other business owners in the community. In
addition, these new rooms will be particularly appealing during the shoulder and summer
seasons, which will continue to provide full time employment to employees instead of the
highly seasonal and predominantly ski season focused experiences of Vail’s past.
PROJECT AND DESIGN PARAMETERS
Given the objectives above, Ex Vail spent many months studying the existing facility to define a
plan that would most efficiently and effectively implement these changes. Considerations, or
parameters listed below influenced final renovation plans that are reflected by this SDD
Amendment. These included:
Carrying capacity of hotel amenities
Maintaining the appropriate balance between the number of hotel guests and hotel amenities
is critical, particularly at a high-end resort hotel. The Four Seasons common areas and
amenities (lobby space, restaurants and bars, spa and health club, conference facilities, pool,
etc.) all have a finite capacity. These amenities were originally sized for the current hotel and in
most cases, it is not feasible to increase the size of these facilities. As such, existing common areas
and amenities establish a limitation of sorts on the type and extent of changes to the overall unit
mix.
Layout of the existing building/code requirements
As a renovation, the design of the existing building directly affects where changes can be made
and the nature of changes that may be feasible. An example of this is the limitations created by
existing hallways. In most cases hallways cannot be changed and they relate directly to each
unit’s building code egress requirements. In many cases options for unit conversions were
directly impacted by such considerations.
Unit locations and views
History has shown the quality of views from hotel rooms does not directly impact guest
revenue (while a mountain view room rents for more than a room with a highway view, a good
mountain view room does not rent for more than a great mountain view room). The opposite is
true of for-sale real estate. View considerations were a factor in determining the location of
new for-sale units and new hotel rooms.
Parking
The existing parking structure cannot be expanded. As such, parking requirements are a
significant consideration in the type of changes proposed to the properties overall unit mix.
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Four Seasons standards
Four Seasons Hotels have explicit standards for the size, quality and features of their hotel
rooms. These standards directly influenced decisions on where new or renovated hotel rooms
could be created.
Cost and efficiency
The costs necessary to complete renovations along with projected returns were considered in
making final decisions on future improvements.
PROPOSED CHANGES TO UNIT MIX
Ordinance #21, Series 2017 amended SDD No. 36 and allowed for the following maximum
density:
• 130 AU’s
• 28 DU’s
• 6 FFU’s
• 18 Attached AU’s
• Retail, restaurant, conference facilities and health club/spa space, and
• 28 employee housing units
Proposed amendments to SDD No. 36 would result in the following:
• 123 AU’s
• 32 DU’s
• 6 FFU’s
• 18 Attached AU’s
• Retail, restaurant, conference facilities and health club/spa space, and
• 28 employee housing units (but up to 16 of these can be satisfied with Off-Site
Mitigation)
A floor-by-floor comparison of existing units and proposed unit changes has been provided
under separate cover. Below is a summary of how the proposed unit mix will be accomplished:
Convert underutilized EHU’s to AU’s
The 13 dorm rooms on the 4th floor and the three dorm rooms on the 7th floor will be
demolished and rebuilt as 11 AU’s; the off-site deed restrictions will be in place before a
certificate of occupancy for the new AU’s.
Re-classification of two large suites to two DU’s
These hotel suites range in size from 1,700sf to 3,500sf. The suites do not perform well outside
of peak ski season due to their size; demand for a 4-bedroom hotel suite is limited to peak
periods. These suites already have full kitchens, which is also atypical for hotel suites, so
reclassifying them as DU’s is a more suitable status. The sale of these units will provide some of
the capital necessary to purchase off-site deed restrictions and create the new hotel rooms.
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Re-classification of four hotel rooms to two DU’s
These hotel rooms consist of (i) three suites range in size from 825sf to 1,100sf, and (ii) an
adjacent connecting room. The suites are awkwardly shaped due to their location in the
building; however, if they are merged together and reconfigured as two separate DUs, they can
be more appropriately shaped by incorporating some of the hallway that is currently required
by their classifications as four separate hotel rooms. The sale of these units would also provide
some of the capital necessary to purchase off-site deed restrictions and create the new hotel
rooms.
Convert accounting office to AU’s
The accounting office can be consolidated with other departments/offices throughout the
hotel, which will allow for the accounting office to be demolished and rebuilt as 2 AU’s. This
change does not require an SDD amendment; however, the construction work is intended to
occur at the same time as the above changes.
ZONING CONSIDERATIONS
Proposed amendments will not materially increase the gross square footage of the building nor
materially affect the exterior of the building. The overall footprint and existing floor
plates/envelope of the building will remain as is; existing covered balconies on the 4th floor will
be enclosed as part of the conversion to guestrooms. As such, the only relevant zoning
considerations are parking and employee housing (commercial linkage requirements).
Parking
The 2017 amendment to SDD No. 36 establishes the parking requirement for the Four Seasons
to be 230 spaces. The existing SDD also acknowledges that “235 spaces provided”. All parking at
the hotel is managed by 24/7 concierge services which includes valet spaces. Below is a
summary of the new parking demand from the proposed amendments:
Based on the matrix above the proposed amendments will not increase the number of required
Four Seasons SDD Amendment
Parking Analysis
2/3/2022
Land Use
2017 SDD
Amendment
2017 Parking
Req.
Current
Condition
Current
Condition
Parking Req.
Proposed
Condition
Parking Req.
For Proposed
Condition
Net Parking
Compared to 2017
Amendment
AUs 130 91.0 117 81.9 123 86.1 -4.9
DUs 28 39.2 28 39.2 32 44.8 5.6
FFUs 6 4.2 6 4.2 6 4.2 0
Lockoffs 18 12.6 15 10.5 15 10.5 -2.1
147.0 135.8 145.6
New Parking
Req.-1.4
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parking spaces.
Employee Housing
The Four Seasons was developed prior to the Town codifying employee housing requirements.
Notwithstanding the fact that there was no formal employee housing requirement (commercial
linkage/inclusionary zoning) at that time, in accordance with SDD No. 36 the project includes 28
on-site employee housing units. These units were approved as dormitory style and allowed to
provide housing for two employees.
The town’s housing ordinances for Inclusionary Zoning and Commercial Linkage address re-
developments as follows:
Inclusionary Zoning
Employee housing need only be provided for the increase in the GRFA of a
redevelopment; provided however, that if any existing EHUs are to be removed, an
equal amount of EHUs shall be replaced in addition to other requirements of this
chapter.
Commercial Linkage
Employee housing impacts need only be mitigated for a redevelopment that results in a
greater number of employees generated from an increase in net floor area, or an
increase in the number of accommodation units or in net floor area, or an increase in
the number of accommodation units or limited service lodge units in the
redevelopment; provided however, that if any existing EHUs are to be removed, an
equal amount of EHUs shall be replaced in addition to the other requirements of this
chapter.
Below are the three proposed changes and how they affect employee generation:
Conversion of 2 hotel suites to 2 Condominiums — this change increases GRFA and it
decreases the number of AU’s; given the relatively larger size of the AU’s in question,
this conversion slightly increases the number of employees generated.
Conversion of 5 hotel rooms to 2 Condominiums — this change increases GRFA and it
decreases the number of AU’s, given the relatively small size of the AU’s in question, this
conversion slightly decreases the number of employees generated.
AU Changes – in the 2017 Amendment, Ex Vail was approved for a maximum density of
130 AU’s and provided additional offsite deed restrictions at the time to offset the
incremental employees associated with the increase from 122 AU’s in the 2005
Amendment. Ex Vail is now proposing to reduce this permitted density to 1233 AU’s
3 117 AU’s currently, less the 7 AU’s converting to the 4 new DU’s, plus the 13 new AU’s to be created from the
underutilized dorm rooms and the accounting office.
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(which is inclusive of the AU’s to be created from the underutilized dorm rooms), as
such the changes reduces the number of employees generated.
A summation of the changes is set forth below:
BENEFITS FROM PROPOSED AMENDMENTS
Ex Vail’s fundamental goal with this amendment is to correct and/or improve upon the
assumptions from 20 years ago in which the idea of employees living onsite was ultimately
much better received in theory than in practice. For 10+ years, the Resort has checked the box
and “provided” the required employee housing; however, that housing was predominately
empty due to most employees having no desire to live in onsite dorm rooms and Vail as a
destination growing to a point that staffing largely with visa employees is not a viable business
model. Much like Vail has evolved as a community since 2001, Ex Vail aims to reinvent the
antiquated employee housing with the assistance and cooperation of PEC and Town Council.
Once the employee housing is addressed, converting the dorm rooms to hotel rooms will
improve the Resort’s financial performance and in doing so create a viable resort property that
is sustainable over the long-term. An underlying premise of this effort is that improvements
which benefit Ex Vail and the Four Seasons will also benefit the Town of Vail through utilized
employee housing units created by Ex Vail; increased occupancy at Four Seasons; increased
sales tax revenue; and increased RETT revenues.
STANDARDS FOR EVALUATION OF PROPOSED AMENDMENTS
Nine criteria prescribed by the SDD section of the zoning code will be used to review these
proposed amendments and criteria that we are showing we meet. These criteria are geared
primarily towards the design of a project and they focus on topics such as compatibility with the
neighborhood, building scale and massing, architecture, landscape design, density, etc.
Proposed amendments are exclusive to changing the existing mix of units and increasing
employee housing utilization and SDD criteria provide little guidance or direction with respect
to how to determine the appropriate mix of units for a property such as this.
Four Seasons SDD Amendment
Employee Generation Analysis
2/3/2022
Land Use
2017 SDD
Amendment
2017 Employee
Generation
Current
Condition
Current Condition
Employee
Generation
Proposed
Condition
Proposed Condition
Employee
Generation
Net Employee
Generation Compared
to 2017 Amendment
AUs 130 78.0 117 70.2 123 73.8 -4.2
DUs (sf) 86,377 34.6 89,174 35.7 99,779 39.9 5.4
FFUs (sf) 14,659 5.9 15,786 6.3 15,786 6.3 0.5
Lockoffs 18 0.0 15 0.0 15 0.0 0.0
118.4 112.2 120.0
New Employee
Generation 1.6
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SDD Review Criteria
The SDD chapter of the Town Zoning Code prescribed nine criteria to be used to evaluate the
merits of a proposed Special Development District. The SDD sections states: The following
design criteria shall be used as the principal criteria in evaluating the merits of the proposed
special development district. It shall be the burden of the applicant to demonstrate that
submittal material and the proposed development plan comply with each of the following
standards, or demonstrate that one or more of them is not applicable, or that a practical
solution consistent with the public interest has been achieved.
These criteria and response to each are outlined below.
1. Compatibility: Design compatibility and sensitivity to the immediate environment,
neighborhood and adjacent properties relative to architectural design, scale, bulk,
building height, buffer zones, identity, character, visual integrity and orientation.
Response:
There are no changes proposed to the property that would have any effect on the
considerations outlined above.
2. Relationship: Uses, activity and density which provide a compatible, efficient and
workable relationship with surrounding uses and activity.
Response:
There are no new uses proposed by these amendments. While changes are proposed to
the mix of units, and since dwelling units may be rented on a nightly basis, there is not a
significant change to density or the intensity of development on the site. Proposed
amendments do not affect the compatible, workable relationship that has been
established between the Four Seasons and surrounding uses and activities.
3. Parking and Loading: Compliance with parking and loading requirements as
outlined in chapter 10 of this title.
Response:
Proposed amendments are in compliance with parking requirements.
4. Comprehensive Plan: Conformity with applicable elements of the Vail comprehensive
plan, town policies and urban design plans.
Response:
Ex Vail’s fundamental goal with this amendment is to correct the underutilized nature of
its employee housing and to replace dorm rooms with off-site deed restricted dwellings;
making this change will ensure that the deed restricted beds are actually occupied by
Vail workforce instead of sitting empty year after year due to an ill-conceived type of
housing product.
These goals are consistent with many aspects of the Town’s Comprehensive Plan and
town policies and address head on one of the greatest challenges currently facing the
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Town of Vail.
5. Natural and/or Geologic Hazard: Identification and mitigation of natural and/or
geologic hazards that affect the property on which the special development district is
proposed.
Response:
This criterion is not applicable to the proposed amendments.
6. Design Features: Site plan, building design and location and open space provisions
designed to produce a functional development responsive and sensitive to natural
features, vegetation and overall aesthetic quality of the community.
Response:
This criterion is not applicable to the proposed amendments.
7. Traffic: A circulation system designed for both vehicles and pedestrians addressing on
and off site traffic circulation.
Response:
The proposed amendments will have no appreciable effect on traffic considerations;
given the low utilization and desirability of the onsite employee housing, the employees
that were supposed to be housed onsite are already commuting to the resort from off-
site housing and have been doing so for 10+ years.
8. Landscaping: Functional and aesthetic landscaping and open space in order to
optimize and preserve natural features, recreation, views and function.
Response:
This criterion is not applicable to the proposed amendments.
9. Workable Plan: Phasing plan or subdivision plan that will maintain a workable,
functional and efficient relationship throughout the development of the special
development district.
Response:
This criterion is not applicable to the proposed amendments.
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EXHIBIT A
April 5, 2022 - Page 219 of 284
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April 5, 2022 - Page 226 of 284
Four Seasons Resort and Residences Vail
Proposed Amendments to SDD No. 36, Series 2005, as previously amended by Ordinance No. 20, Series 2005 & Ordinance No. 21, Series of 2017
April 5, 2022 - Page 227 of 284
The Team
•Gary Barnett, Extell Development, Founder and
Chairman
•Andrew Sellnau, Extell Development, Asset
Manager
•Greg Perkins, Wear Travers Perkins LLC, legal
counsel
•Kristin Kenney Williams, Commfluent Inc.,
public affairs counsel
April 5, 2022 - Page 228 of 284
Partnership +
Flexibility = Solutions
•Designed in the early 2000s,and ultimatelybreakinggroundin2005,the Resort experiencedtremendousturmoilpriortoopening,includingnumerousdelaysandultimatelyarepossessionbythelender.
•In 2016,Extell Development acquired the ResortwithavisionandapromisetoinvesttensofmillionsofdollarstoredeveloptheResortintoabest-in-class facility to draw highly desirablegueststotheVailValleyfromallovertheworld.
•In addition to working with the Town of Vail toamendtheSpecialDevelopmentDistrictin2017toaddressthefailedfractionalcomponent,wecompletedconstructionwithoutevershuttingdowntheResortattheTown’s request.We areagainaskingtoworkwiththeTowntoaddresstheonsiteemployeehousingcomponentthathasalsolargelyfailed.
Renovated Guestroom
Unrenovated Guestroom
April 5, 2022 - Page 229 of 284
Our Employees & Our Existing
Employee Housing
•Today we have 209 employees,which is comprised of:
•130 Full-Time /Regular
•33 Full-Time /Seasonal
•15 Part-Time /Regular
•31 On Call /Casual
•Employee Housing provided to date is:
•28 onsite dorm rooms designed for 56 employees
•1 offsite 3-bedroom owned and deed restricted unit in the Town of Vail (3.5 employees,per Town Code)
•1 offsite 2-bedroom deed restricted unit in the Town of Vail (2.25 employees,per Town Code)
•The total number of employee housing mitigation we have provided is
61.75,which is ~30%of our total employee count
April 5, 2022 - Page 230 of 284
A Failed Experiment
The SDD for the Four Seasons Resort was passed in 2001 and received
additional amendments in 2003 and 2005.A condition included in the Resort’s
approved SDD was that 28 employee housing units were to be provided onsite;
said units were conceived and approved as dormitory style and double-occupancy
in order to house 56 of the employees generated by the new development.
To our knowledge,this form of employee housing was not used significantly before
or after the Four Seasons SDD.Moreover,once the Town of Vail codified the
employee housing components of the Town Code,the minimum standards
permissible by Code were far in excess of the approved employee housing that
was part of the Four Seasons SDD–for example,Section 12-13-4 requires new
dormitory units to contain “200 sq.ft.minimum for each person occupying the
EHU”.
By comparison,our dorm rooms are approximately 166 sq.ft.for each
person occupying.
April 5, 2022 - Page 231 of 284
Housing Challenges
The picture can't be displayed.
•The aforementioned approved housing plan compared to Town Code’s subsequent
minimum standards highlights several quality-of-life issues:
•A lack of kitchen facilities requires all meals to occur via the employee cafeteria
•Shared bathrooms and layouts are not conducive to families,couples or privacy
•Location within the Resort and lack of independent facilities
•As a result,we find that:
•The accommodations do appeal to some young and temporary employees,such
as those that are part of the H2B and J1 Visa programs.As a result,we do want
to maintain approximately 43%of the units on-site,which equates to around 12%
of our workforce.
•The units do not offer long-term housing to help retain year-round,frontline
employees,nor do they address housing needs of residents looking to work and
raise a family in the Vail Valley.
•Rental cost is less than $600/month (including all utilities and meals);we have not
increased the cost in more than five years –and still the units remain available for
rent,but unfilled.
April 5, 2022 - Page 232 of 284
Anecdotes from our employees…
•Single young female professional that relocated from Dallas TX for a promotion;she is a manager that has
been with Four Seasons since 2018.She was offered to live in employee housing and did so for a period of
time.Throughout that time,she searched exhaustively for housing in the surrounding areas including Vail,
Avon Edwards and Eagle.This manager prefers to have a private space that would allow for a cat and a
guest;the closest viable housing she found that met her needs was in the Denver area.Rather than risk
losing her we allowed her to work remotely.
•Married middle-aged female professional with 2 children.Currently living with her parents and paying rent in
Edwards until she can purchase her own home.If she cannot find someplace affordable to purchase they will
leave the county where she was born and raised.
•Young male in a relationship relocated to Vail from Houston TX for a Front Desk position.He had requested
housing and it was offered but upon arrival he shared with us that he had a significant other that would be
residing with him.Although outside of our policy he was offered to stay the night since he had not made other
arrangements.Upon viewing the unit and the shared bathroom he opted to find other accommodations.He
resigned within a week after finding another position in Denver where he was able to locate affordable
housing for them.
April 5, 2022 - Page 233 of 284
The facts are….
•Historically,occupancy of the on-site units is well below
capacity and has been verified with rent deductions on
historical paystubs:peak simultaneous occupancy in 2019
was 37 tenants and 2018 was 32.Our capacity is 56 tenants.
•As indicated on our most recent Annual Verification Reports
for EHUs (2018-2021),we have never achieved full and year-
round occupancy of 56 employees.
•Section 12-24-9D of Town Code provides that “An EHU shall
be continuously occupied by an employee and shall not
remain vacant for a period in excess of three (3)consecutive
months unless,despite reasonable and documented efforts to
occupy the EHU,efforts are unsuccessful.”
•Despite our efforts to do our very best to occupy all units,the
dorm rooms remain underutilized:we cannot force employees
to live in the dorm rooms and their occupancy is very much a
byproduct of the size and schedule of each year’s J1 and
H2B Visa programs.
April 5, 2022 - Page 234 of 284
Can the dorm rooms be reconfigured to make
them more desirable with living rooms, kitchens
and bedrooms?
•The dorm rooms are mostly located on the western side of thebuildingonthe3rdand4thfloorsandsandwichedbetweenthirdpartyownedcondos,the fixed and shared corridor to condos,fractionalunitsandhotelroomsandothercriticalbuildinginfrastructurethatcannotbemoved.Accordingly,any reconfiguration would need tooccurwithinthesameoverallgeneralspaceastoday.
•That leaves approximately 129 linear feet of building frontage on eachfloortoprovideallnecessaryaccessandlight/air per the buildingcode.A rule of thumb in building design is that 11 -12 feet is areasonabledimensionforroomwidth.Accordingly,this fixed 129’dimension generally limits us to two three-bedroom units (~46 feetwideeach)and a single two-bedroom unit (~35 feet wide)on eachfloor.Per Town Code,that could house 18.5 employees,which wouldbea63%reduction from the current configuration.An alternatewayofverifyingthiscalculationisthatwecurrentlyhaveapproximately8,000 sqft of employee housing on the 3rd and 4th
floors;using the Town code metric of a 3-bedroom requiring aminimumof1,225 sqft equates our area to just six and a half 3-bedroom apartments.We are not interested in reducing ouremployeehousingrequirementandwepresume,notwithstanding some of PEC’s comments,that the Town is alsonotinterestedinreducingthequantityofdeedrestrictions.
April 5, 2022 - Page 235 of 284
•In addition to reducing our housing by nearly 65%and costing a tremendous amount of money torenovateinto6apartments,we believe someoperationalcharacteristicswouldstilllimittheoveralldesirabilityofthenewapartments–namely,therewouldbenoonsiteparkingforthenewemployeeapartments,their immediate adjacencies to condosandhotelroomswouldimposecertainlimitationsonpermissibleactivitieswithintheapartmentsandtheproximitytotheHotelGeneralManagerandotherseniorleaderswouldcontinuetocauseawkwardinteractionsbetweenemployees’work and sociallives.
•Instead,dorm rooms that are undesirable to non-transient employees can be reconfigured into hotelroomsfortransientguests–hotel rooms essentiallyareenhanceddormrooms,as they do not requirekitchens,laundry,living rooms and other ancillaryspaceexpectedindesirableapartments/homes.Inaddition,converting these to hotel rooms (albeit atsubstantialcostandrisk)will (i)create the economicenginetooffsetthecostofoffsitedeedrestrictionsand(ii)not require any reduction in the quantity ofdeedrestrictedemployeehousing.
April 5, 2022 - Page 236 of 284
What are our options?
•Our request today is entirely voluntary and driven by a goal to
improve the flaws of the past and acknowledge the changed
landscape for housing product and housing location for work
force housing.
•If the Town’s vision does not contain common ground in our
goal-oriented approach or the permissible solutions are too
burdensome,we can continue to operate per the status quo,
including:
•The dorm rooms will be made available for employee use
•The dorm rooms will continue to be inconsistent with modern housing
expectations for most employees;the ultimate occupancy of the dorm rooms
will closely correlate to the popularity of J1 and H2B Visa programs
•We will “Check the Box”on providing the housing required by the Resort’s
SDD,but in practice the utilization will be sub-optimal and our employees will
continue to exert additional pressure on the entire rental market by choosing
to rent more desirable and conventional offsite housing albeit while they
struggle with ongoing challenges of affordability,longevity of lease term and
being constantly challenged by rental product being converted to vacation
homes or vacation rentals
•The SDD process allows for creative and customized
solutions to unique and challenging project specifics;the
process can be more goal-oriented and less pedantic to
broadly applicable codes.
•With the Resort originally entitled pursuant to an SDD,an
SDD amendment would allow for past flaws to be corrected in
order to improve utilization of the employee housing.
•We have spent over a year preparing a tailormade solution to
the unique challenges the project faces;this amendment,
along with the substantial capital investment we are prepared
to make,will voluntarily evolve our employee housing from
empty beds satisfying a regulatory requirement to occupied
desirable workforce housing that is restricted for Eagle
County employee use in perpetuity.
April 5, 2022 - Page 237 of 284
Housing
Solutions
•Amendments to SDD #36 are intended to allow for the
reconfiguration of the Four Seasons that will include:
•Maintaining 12 onsite dorm rooms for J1s,H2Bs and temporary employees;
•Replacing the other 16 underutilized onsite deed-restricted employee dorm
rooms with offsite deed restrictions;
•Reconfiguring the underutilized employee housing units into hotel
accommodation units (AU’s);
•Reclassifying seven existing hotel accommodation units into four dwelling
units.
•Vail Local Housing Authority provided their unanimous
recommendation in support of the proposed amendment and
opined:“Perpetuating the existence of otherwise under-performing,
on-site employee housing units “checks all the boxes”of the
regulations,however it offers little value when it comes to
successfully addressing the housing needs of our community.
Moreover,the solutions proposed by the amendment facilitates an
outcome which continues to comply with the Vail Town Code.”
April 5, 2022 - Page 238 of 284
The evolution
of our
proposal….
Extell fully recognizes the housing mitigation requirement it inherited when it acquired the
property;however,we also acknowledge that the form of employee housing that was approved in
2005 is not conducive to the needs of today’s employees nor those of the future.Vail as a
destination has evolved over the last 20 years;hospitality employers are no longer seeking
temporary labor but instead seeking qualified employees for a year-round destination–even in
our slowest months,we have more than 150 employees on payroll.
Contrary to the suggestions of others (including PEC),our ideas over the past year to correct the
failed housing program have never sought to diminish our requirements.Our ideas to use Off-
Site Mitigation to satisfy up to and including 32 of the 56 employees have evolved:
First proposal:
•We sought to replace 16 of the onsite dorm rooms with master leases for 16 bedrooms within units
that had adequate living,kitchen and bathroom spaces,and within the Mitigation Region (Vail,Eagle-
Vail,Avon and Edwards core).
Second proposal:
•We proposed to replace 16 of the onsite dorm rooms with 16 deed-restricted off-site bedrooms within
units that had adequate living,kitchen and bathroom spaces,and within the Mitigation Region (Vail,
Eagle-Vail,Avon and Edwards core).
Current proposal –after a year of upfront discussions with Town of Vail leadership,the
Community Development Department,the Housing Department and the Vail Local Housing
Authority:
•We propose to abandon the 1:1 bedroom approach and instead follow an employee basis count in
line with Town Code.Thus,we now propose to deed-restrict approximately 28 bedrooms within units
that have adequate living,kitchen and bathroom spaces,and within the Mitigation Region (Vail,
Eagle-Vail,Avon and Edwards core).
April 5, 2022 - Page 239 of 284
14
The Evolution of Our Proposal
Proposal Bedrooms Estimated
Minimum Total
Square Feet
Sqft, per
employee
Employees Employees,
per
bedroom
Prior 16 6,476 202 32 2
Current 28 13,401 419 32 1.14
Note: Square footage and bedroom count assumes (i) use of the Eagle-Vail property detailed on subsequent pages, and (ii) minimum unit
sizes per Town of Vail code for the balance of the bedrooms.
Bedrooms Estimated
Minimum Total
Square Feet
Sqft, per
employee
Employees Employees,
per
bedroom
Existing 16 5,325 166 32 2
April 5, 2022 - Page 240 of 284
Can you
purchase
offsite
units in
Vail?
•Given the purchase prices for the Meadow Ridge,Vail East Lodging
and Pitkin Creek presented earlier tonight,the large-scale nature of
what we are trying to improve would require an investment that is cost
prohibitive for likely all business owners.
•We are proposing to deed restrict approximately 28 off-site bedrooms;
if we were to acquire units similar to the aforementioned projects,the
total cost would be $11 million (using Meadow Ridge)to $15 million
(using Pitkin Creek).That sort of expenditure would significantly
exceed the annual Net Income of the Resort;which is completely
unrealistic.
•Moreover,if you set aside our true desire to improve the housing
situation and instead focus on the other changes in our application (+4
condominiums and +13 hotel rooms from what exists today),it would
never be expected of an applicant for a new project of that size to
provide housing for 32 employees.Moreover,our changes to the AUs
and DUs within the project do not increase employee counts.
•Accordingly,the solution must be tailored to recognize that we are
voluntarily seeking to improve the housing situation for our employees,
the Town and the community overall–if the solution is so onerous and
we are trying to reconcile that with the limited incremental
condominiums and hotel rooms that are ancillary to our application,it
becomes unviable,and we have no choice but to preserve the status
quo of dorm rooms and trying our best to occupy them.
April 5, 2022 - Page 241 of 284
Housing Solutions: Why off-site must include a
region of deed restriction options
We have around a dozen employees that have expressed an interest
in deed restrictions and/or down payment assistance in connection
with a simultaneous purchase and deed restriction transaction.Upon
amendment approval,we intend to work with these employees to
consummate and facilitate transactions that would (i)help convert
employees from renters into homeowners and (ii)ensure the Town
another desirable home reserved for employee use in perpetuity.
In addition,we have negotiated a deal (subject to final approval and
execution of a binding agreement)with an Eagle-Vail property owner
for 14 bedrooms (seven two-bedroom homes).These bedrooms would
(i)be deed restricted comparable to Vail InDEED and (ii)Four Seasons
would have the right of first refusal to lease the units for their
employees as tenants vacate.
To have the best chance of acquiring a deed restriction from our
employees,we need to have a Mitigation Region that includes where
they own homes or want to live.Approximately 70%of our current
employees living in their own housing reside outside the Town of Vail .
We do not want to “solve”one failed housing plan with another that is
unachievable due to a lack of inventory;in addition,we want to action
this plan immediately and do not intend to wait many months or years
to acquire available deed restrictions.
Lack of inventory for deed-restrictions:The Town of Vail would be
challenged to deed restrict in Town the quantity of units we are
proposing;the Vail InDEED program acquired 12 deed restrictions in
2021,which was down 43%from the year prior and down 82%from
2017.The pool of viable options is dwindling.
Vail Health,for example,provided a fee in lieu for its housing mitigation
because of this lack of inventory.
The 2A ballot measure specifically provided for “the revenues from
such tax increase to be used to fund housing initiatives,housing
developments and housing programs and related activities inside and
outside the town”because the viable options within the Town are
limited.
A month ago,Town Council directed further exploration of the Town
acquiring deed restrictions at Kayak Crossing,which is located outside
of the Town .The electorate and elected officials recognize that
employee housing cannot be limited to Vail at this juncture.
As mentioned previously,12 dorm rooms would remain onsite.By
maintaining about 43%of the units on-site at the Resort,about 12%of
our workforce will,at a minimum,be in the Town of Vail .
April 5, 2022 - Page 242 of 284
Our Employee Housing Proposal
We are proposing,via a SDD amendment,to use Off-Site Mitigation to satisfy up to
and including 32 of the 56 employees (ie,12 onsite dorm rooms will remain)by
recording with the Eagle County Clerk and Recorder a Town of Vail employee
housing deed restriction on dwelling unit(s)located within the Mitigation Region
(Vail,Eagle-Vail,Avon and Edwards core).Any such deed restriction(s)shall
immediately and permanently reduce the on-site dormitory requirement based upon
the occupancy (as set forth in Town of Vail code Table 23-2)of the off-site deed
restricted dwelling unit(s).For example,deed restricting an off-site two-bedroom
dwelling (1.75 employees housed,per Table 23-2)and a three-bedroom dwelling
(2.25 employees housed,per Table 23-2)would immediately reduce the onsite
requirement by four employees (ie,reduce the on-site requirements by two double-
occupancy dormitory rooms).As we offset the onsite dorm rooms with the Off-Site
Mitigation,we intend to renovate,reconfigure and repurpose the area into new hotel
guestrooms;the new deed restrictions must be in place before any certificate of
occupancy for the new guestrooms.
Edwards core
April 5, 2022 - Page 243 of 284
The Eagle-Vail Property
We have agreed upon a deed-restriction deal with the property
owner;our respective counsel is working on final agreements
and documentation.
•Number of Homes:7 apartments
•Bedrooms:Each home is 2 bedrooms;five of them have 2
bathrooms and two of them have 1 bathroom
•Size:1 home is 916 sqft,1 home is 1,007 sqft and 5 of
them are 1,158 sqft;these homes are 40%larger than code
requirements and 2.9x the square footage of the dorm
rooms that they would replace
•Amenities:Each home includes a balcony and parking
•Location:Exit 169 off of I-70;approximately 2.5 miles
outside of Town limits
•Transportation:Located on the Highway 6 bus route;bus
stops are just outside the building
•Age :Built in the mid-1990s
•The 7 homes would be permanently deed restricted
with the Town of Vail being the grantee.
•Four Seasons would have the first opportunity to
lease units as they become available for use by
their employees.
•This would represent in a monumental change in
the type and quality of deed restricted housing
made available by Four Seasons;small,
undesirable and very tenant specific dorm rooms
would be replaced by large,highly desirable and
proper homes for all types of employees.
•The building’s close proximity to Vail and its
location on the bus route will aide with
transportation.
April 5, 2022 - Page 244 of 284
We can’t change history, but we can alter the future…
Knowing what we know now,we do not believe that the Four Seasons onsite dorm room employee housing would have been approved in the
past and we think our proposal attempts to improve the situation in a thoughtful,executable and reasonable manner.
•Our proposed housing plan likely improves the situation for the community as it ensures that ~28 additional bedrooms are not removed from the rental
housing stock for vacation homes or vacation rentals.Underutilized dorm rooms are being traded for proper and desirable dwelling units and ensuring
that they are forever precluded from non-employee use by being devoted in perpetuity to full-time,year-round employee use.Is a deed restriction
better suited on an underutilized dorm room or a desirable home that remains under threat to be removed from the rental market entirely?
•Our fundamental goal with this amendment is to correct the underutilized nature of our employee housing and to replace dorm rooms with off-site
deed restricted dwellings;making this change will ensure that the deed restricted beds are actually occupied year-round by Vail workforce instead of
merely meeting a zoning requirement but sitting underutilized year after year due to an ill-conceived type of housing product.
•On its third owner,it has taken 11 years of operating before an owner of the Resort has come to the Town open-minded and seeking a partnership on
shared goals to improve housing and implement more and better deed restrictions.
•This is a very project specific challenge,as we’re one of only a few businesses that satisfied their employee housing with dorm rooms.
•With over a year invested to reach this hearing,if we cannot implement this solution,then the current dorm room situation will remain as-is
presumably for the next several decades with no realistic means of making them more desirable to employees.We’re prepared to execute on the
solutions detailed today and invest the capital necessary;while the solutions certainly will not address all of the Vail Valley’s housing challenges,we do
believe this is a major improvement from the status quo and is a substantial investment and risk taking by a private business owner voluntarily
attempting to do their part to address the larger overall challenges in the region.
April 5, 2022 - Page 245 of 284
Summary
and
Benefits
•Additional flexibility to address employee housing needs and retainemployees:28 employee bedrooms satisfied with off-site mitigation and12onsitedormroomsremain.The deed restricted square footage wouldbeapproximately2.5x the current area.
•Our fundamental goal with this amendment is to correct and/or improveupontheassumptionsfrom20yearsagoinwhichtheideaofemployeeslivingonsitewasultimatelymuchbetterreceivedintheorythaninpractice.
•For 10+years,the Resort has checked the box and provided therequiredemployeehousing;however,that housing was predominatelyemptyduetomostemployeeshavingnodesiretoliveinonsitedormroomsandVailasadestinationgrowingtoapointthatstaffinglargelywithvisaemployeesisnotaviablebusinessmodel.
•Much like Vail has evolved as a community since 2001,Ownership aimstoreinventtheantiquatedemployeehousingwiththeassistanceandcooperationoftheVailLocalHousingAuthority,Housing Department andTownCouncil.
•Economically,the underutilized dorm rooms are not benefitting the Towneither;the additional DUs that are part of our application will generateadditionaltransfertaxesandoccupancytaxesandtheadditionalAUsfromtheconvertedemptydormroomswillgenerateadditionaloccupancyandsalestaxfortheTownofVail.
•Our proposal is driven by a desire to find real solutions to correct priorflawsandtomeetthedemandsofourvaluedyear-round employees.
April 5, 2022 - Page 246 of 284
From:Tammy Nagel
To:Stephanie Bibbens
Subject:FW: Four Seasons SDD
Date:Tuesday, April 5, 2022 9:39:40 AM
Attachments:SDD No 36 VVP.pdf
image012.png
image013.png
Tammy Nagel
Town Clerk
75 S. Frontage Road W.
Vail, Colorado 81657
970.479.2136
vailgov.com
From: Chris Romer <cromer@vailvalleypartnership.com>
Sent: Tuesday, April 5, 2022 9:38 AM
To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>
Subject: Four Seasons SDD
Please see attached on behalf of the Vail Valley Partnership regarding the Four Seasons agenda item.
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April 5, 2022 - Page 247 of 284
Chris Romer, ACE, IOM
President & CEO
Vail Valley Partnership
[D] 970.477.4016 | [O] 970.476.1000
97 Main Street, Ste. E-201, Edwards, CO 81632
Support. Unite. Lead.
VailValleyPartnership.com • VisitVailValley.com • VailValleyMeansBusiness.com
Recognized as National Chamber of the Year in 2016 and 2020
April 5, 2022 - Page 248 of 284
97 Main Street, Suite E-201, Edwards, CO 81632
VailValleyPartnership.com
Recognized as Chamber of the Year in 2016 and 2020 by the Association of Chamber of Commerce Executives
March 29, 2022
Vail Town Council
75 South Frontage Road
Vail, CO 81657
Town Council members,
Vail Valley Partnership is the regional chamber of commerce, with over 900 members throughout
Eagle County who collectively represent over 80% of the local workforce. We are dedicated to the
economic vitality of the valley, and as such our board of governors – which includes residents &
business operators throughout Eagle County – has identified workforce housing as our number one
priority.
Our completely housing position can be found at
https://files.vailvalleypartnership.com/sites/2/2019/09/Housing-Position-White-Paper-September-
2019.pdf.
As you are well aware, Eagle County faces a gap in the availability of ownership and rental housing
that is affordable for local residents and our local workforce. Residents are burdened by high housing
payments. Employees are forced to commute long distances. According to the annual workforce
survey, employers believe that the availability of workforce housing is a critical or major problem in
Eagle County.
Workforce and affordable housing has long been an issue in Eagle County. Addressi ng our
affordable housing issue is essential to the continued success and growth of our business community
across industry sectors. While we applaud the proposal to increase deed restricted units from 16 to 27
and providing for additional living space, we also share and understand the reservations about
moving units out of the town core due in part to the transit and transportation impacts.
Our board does not have a position on the Proposed Amendments to SDD No. 36, Series 2005, as
previously amended by Ordinance No. 20, Series 2005 & Ordinance No. 21, Series of 2017. We
encourage you to weigh the pros and cons from your appointed boards including the Vail Local
Housing Authority and the PEC when making your decision on this proposal and to consider the
potential impacts as it relates to the Town’s strategic goals.
Sincerely,
Chris Romer
President & CEO
Vail Valley Partnership
April 5, 2022 - Page 249 of 284
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: An appeal, pursuant to Section 12-3-3, A ppeals, Vail Town Code, of a Condition
of Approval for D R B 22-0035, a residential project located at 3070 Booth Creek Drive
P RE S E NT E R(S ): J onathan S pence, Planning Manager
AC T IO N RE Q UE S T E D O F C O UNC I L: Uphold, overturn, or overturn with modifications, the
Design Review B oard’s March 2, 2022 decision.
B AC K G RO UND: The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2,
represented by Shepherd Resources I nc. A I A , requested the review of an addition to an existing
single family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code,
located at 3070 B ooth Creek Drive. The Design Review Board, at its March 2, 2022 meeting, by a
vote of 5-0, approved the project with the noted condition
S TAF F RE C O M M E ND AT IO N: Uphold, overturn, or overturn with modifications, the Design
Review B oard’s March 2, 2022 decision.
AT TAC H ME N TS:
Description
Staff Memorandum
Attachment A. Appeal Memo, Alderman Bernstein, March 9, 2022
Attachment B. Response to Appeal Memo, Hoffman, Parker, Wilson and Carberry, P.C. March 15, 2022
April 5, 2022 - Page 250 of 284
TO: Vail Town Council
FROM: Community Development Department
DATE: April 5, 2022
SUBJECT: An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of a
Condition of Approval for DRB22-0035, a residential project located at 3070
Booth Creek Drive, Vail Village Filing No. 11, Block 3, Lot 7, and setting forth
details in regards thereto. (TC22-0002)
Appellant: Delponte Residence Trust No. 1 and No. 2 represented by
Alderman Bernstein
Planner: Jonathan Spence
I. SUBJECT PROPERTY
The subject property is located at 3070 Booth Creek Drive, Vail Village Filing No. 11, Block
3, Lot 7, as shown on the image below:
April 5, 2022 - Page 251 of 284
Town of Vail Page 2
4/5/2022
II. VAIL TOWN COUNCIL JURISDICTION
Pursuant to Section 12-3-3C-1 Vail Town Code, the Town Council must hear and decide
appeals from any decision, determination or interpretation by the planning and environmental
commission or the design review board or the art in public places board with respect to the
provisions of this title and the standards and procedures hereinafter set forth.
III. PROCEDURAL CRITERIA FOR APPEALS
Pursuant to Sections 12-3-3C-2 and 12-3-3C-3, Vail Town Code, there are three basic
procedural criteria for an appeal:
A) Standing of the Appellants
Pursuant to Section 12-3-3, Vail Town Code and the determinations made by the
Community Development Director, the appellants have standing as aggrieved or adversely
affected persons.
B) Adequacy of the Notice of the Appeal
A copy of the Public Notice of the Vail Town Council, April 5, 2022, Public Hearing was
mailed to adjacent property owners and sent to the local newspaper on March 15, 2022,
and published in the Vail Daily on March 18, 2022, pursuant to Section 12-3-3C-3, Vail
Town Code.
C) Timeliness of the Notice of Appeal
Section 12-3-3C-3 of the Vail Town Code requires appeals to be filed within twenty (20)
days of the decision being appealed. On March 7, 2022, the appellant filed their appeal.
IV. SUMMARY
The question to be answered by the Vail Town Council regarding this appeal is:
Whether the March 2, 2022 decision of the Design Review Board to approve, with one
condition, should be upheld, overturned, or overturned with modifications.
The condition subject to this appeal reads as follows:
1. Prior to submitting for a building permit, the applicant shall cause to be
removed all existing private improvements, including sod, located on
Vail Village Filing 11, Tract C.
Pursuant to Section 12-3-3, Vail Town Code, the Vail Town Council must uphold, overturn,
or overturn with modifications the Design Review Board’s March 2, 2022, decision.
V. BACKGROUND
April 5, 2022 - Page 252 of 284
Town of Vail Page 3
4/5/2022
The applicant, Reggie D. Delponte Residence Trust No. 1 & No. 2, represented
by Shepherd Resources Inc. AIA, requested the review of an addition to an existing single
family home before Design Review Board, pursuant to Section 12-11-3, Vail Town Code,
located at 3070 Booth Creek Drive. The Design Review Board, at its March 2, 2022
meeting, by a vote of 5-0, approved the project with the noted condition.
VI. REQUIRED ACTION
The Vail Town Council must uphold, overturn, or overturn with modifications, the Design
Review Board’s March 2, 2022 decision. The Town Council must act by motion, with such
motion to be approved by a majority of those present.
Should the Vail Town Council choose to uphold the decision, the following motion is
recommended:
“I move that the Town Council uphold the March 2, 2022 decision of the Design Review
Board, finding the DRB properly determined that the application for an addition located at
3070 Booth Creek Drive complies with Title 14, Chapter 10, Vail Town Code with the noted
condition of approval.”
Should the Vail Town Council choose to overturn, or overturn with modifications, the
decision of the Design Review Board, the following motion is recommended:
“I move that the Town Council overturn the March 2, 2022 decision of the Design Review
Board, finding the DRB improperly determined that the application for an addition located at
3070 Booth Creek Drive complies with Title 14, Chapter 10, Vail Town Code with the noted
condition of approval.”
VII. ATTACHMENTS
A. Appeal Memo, Alderman Bernstein, March 9, 2022
B. Response to Appeal memo, Hoffman, Parker, Wilson and Carberry, P.C. March
15, 2022
April 5, 2022 - Page 253 of 284
Amanda A. Bradley aab@ablawcolorado.com
720.460.4206
March 9, 2022
Town Council Via email: towncouncil@vailgov.com
Town of Vail
75 S. Frontage Road West
Vail, CO 81657
Matt Mire, Esq. Via email: jmm@hpwclaw.com
Attorney, Town of Vail
Re: 3070 Booth Creek Drive (“Property”)
Dear Vail Town Council and Mr. Mire:
Our firm represents the Reggie D. Delponte Trust No. 1 and the Reggie D. Delponte Trust No. 2
(collectively, “Delponte”), owners of the referenced Property. Delponte applied with the Town
of Vail Design Review Board (“DRB”) on February 7, 2022, for approval of the addition of a
second level above certain portions of the existing footprint of the residence located at the
Property.
Delponte’s architect attended a pre-planning meeting on September 16, 2021, to discuss the
proposed project. On September 17, 2021, the DRB advised that it could not accept
applications for the Property “due to pending legal issues.” That decision was reversed after
consulting the Town’s legal counsel and the DRB advised that there were no impediments that
would prevent Delponte from applying for approval of the project. Thereafter, the DRB
unanimously approved the application on March 2, 2022, however, the day of the approval, a
condition was placed upon obtaining a building permit for the project:
Prior to submitting for a building permit, the applicant shall cause to be removed
all existing private improvements, including sod, located on Vail Village Filing No.
11, Tract C.
This condition was never discussed in any prior meeting or discussions with Delponte’s architect
and, more importantly, is not a condition of approval of a building permit under the Town’s
code. When we first learned of the condition imposed on the morning of March 2, 2022,
April 5, 2022 - Page 254 of 284
Town Council
Matt Mire, Esq.
Page 2
Wendell Porterfield, on behalf of Delponte, wrote a letter to Mr. Mire asking for the basis upon
which the condition was imposed and requested a response prior to the DRB meeting that day.
Mr. Mire did not respond, and still has not responded, to that letter.
Colorado law prohibits this type of discretionary condition on the approval of a proposed
project:
No local government shall impose any discretionary condition upon a land-use
approval unless the condition is based upon duly adopted standards that are
sufficiently specific to ensure that the condition is imposed in a rational and
consistent manner.
C.R.S. § 29-20-203(2).1
As noted above, the DRB’s condition of removing landscaping, including sod, from a 37-acre
tract of land owned by the Town is not an adopted standard and is not at all related to the
Delponte project. The proposed work does not increase the footprint of the building in any
way, nor does it impact any portion of Tract C.
Furthermore, the condition requires Delponte to remove landscaping, including sod, from
property owned by the Town of Vail and utilized by other owners of property adjacent to Tract
C. Requiring Delponte to guess what improvements in Tract C are private, then remove those
improvements – including removal of sod, thereby leaving 37-acres of exposed dirt – subjects
Delponte to violations of a host of other laws, including trespass, nuisance, vandalism, theft,
and many more. Furthermore, even if removal of all existing improvements was permissible, it
is impossible to remove landscaping and sod given the several feet of snow covering Tract C
and the frozen ground. That factor physically prohibits Delponte from complying with the
condition.
It is our belief that the discretionary condition was imposed in retaliation for Delponte’s
position taken in the case captioned Town of Vail v. Town of Vail, District Court, Eagle County,
Colorado, Case No. 2021CV30084, which was dismissed by the Court one week prior to the DRB
decision. In that case, just as in previous cases between the Town and Delponte of which you
are likely aware, the Town sought to extinguish Delponte’s recorded interest in a portion of
Tract C adjacent to the Property. The DRB’s discretionary condition in this instance is an
arbitrary attempt to circumvent the Town’s failed efforts to force Delponte’s removal of private
improvements in Tract C.
1 The DRB’s actions may also constitute a requirement to provide services to the Town in the
form of landscape removal on Tract C in violation of C.R.S. § 29-20-203(1).
April 5, 2022 - Page 255 of 284
Town Council
Matt Mire, Esq.
Page 3
On behalf of Delponte, we have initiated a formal appeal of the DRB decision, which is
scheduled for consideration at the April 5, 2022, Town Council meeting. Should the DRB
decision be upheld, we will pursue all legal remedies pursuant to C.R.S. § 29-20-204.
Specifically, we believe the DRB’s actions constitute an unlawful exaction of property in
contradiction of state and federal property laws, including violation of the 5th Amendment
takings clause. See 42 U.S.C. § 1983. The discretionary condition in this instance is wholly
unrelated in nature or extent to the Delponte project and, therefore, is a compensable taking.
See Nollan v. California Coastal Comm’n, 483 U.S. 825, 107 S.Ct. 3141 (1987); Dolan v. City of
Tigard, 512 U.S. 374, 114 S. Ct. 2309 (1994); and Koontz v. St. Johns River Water Management
District, 133 S. Ct. 2586, 2594-95 (2013) (Nollan and Dolan prevent the government from
engaging in extortion by leveraging “its legitimate interest in mitigation to pursue governmental
ends that lack an essential nexus and rough proportionality to those impacts.”). Such claims
can now be brought directly in federal court. See Knick v. Twp. of Scott, Penn., 139 S.Ct. 2162
(2019). It also is apparent to us that the DRB’s actions have exceeded its jurisdiction and
abused its discretion and, therefore, are actionable under Colorado law. C.R.C.P. 106. In
connection with these claims, we will pursue all damages available by law, including recovery of
attorney fees. 42 U.S.C. § 1988.
The building permit is scheduled to be obtained in early April and work is scheduled to begin
shortly thereafter. The DRB’s imposed conditions threaten the construction timeline and the
resulting delays will be extremely costly to Delponte. The Town’s intentional interference with
Delponte’s project raises additional legal claims. It is our preference to avoid these delays and
possible litigation concerning the DRB condition. That said, we ask that you advise the DRB to
immediately remove the illegal condition upon obtaining a building permit and allow the
approved project to proceed as approved.
We request that you include this letter in the Town Council packet for the April 5, 2022, Town
Council meeting as an attachment to the formal appeal of the DRB’s decision. If you would like
to schedule a call to discuss this matter, let us know. Otherwise, we look forward to your
response.
Sincerely,
ALDERMAN BERNSTEIN LLC
Amanda A. Bradley
cc: Mr. Reg D. Delponte
Wendell Porterfield, Esq.
Carrie Bernstein, Esq.
April 5, 2022 - Page 256 of 284
3/15/2022
Q:\USERS\VAIL\DELPONTE\CORR\BRADLEY-L031522.DOCX
Corey Y. Hoffmann
Kendra L. Carberry
Jefferson H. Parker
M. Patrick Wilson
Of Counsel
J. Matthew Mire
Hilary M. Graham
Kathryn M. Sellars
511 16th Street, Suite 610
Denver, CO 80202-4260
(303) 825-6444
Daniel P. Harvey
Ruthanne H. Goff
Katharine J. Vera
Elizabeth G. LeBuhn
Austin P. Flanagan
March 15, 2022
Amanda A. Bradley, Esq.
Alderman Bernstein
101 University Blvd., #350
Denver, CO 80206
via email to: aab@ablawcolorado.com
Re: Letter to the Town of Vail dated March 9, 2022
Dear Ms. Bradley:
As you know, our firm represents the Town of Vail, and I write in response to the above-
referenced letter to the Vail Town Council and the Town Attorney, Matt Mire.
First, we understand that you have initiated a formal appeal of the decision of the Design
Review Board (the "DRB"), on behalf of your client Reggie D. Delponte. Because the appeal is
pending, we are reluctant to comment on this matter. However, because your letter threatens
litigation, we felt that an immediate response was required.
Second, the condition placed on the approval is legally permissible. The condition is not
discretionary, and as such C.R.S. § 29-20-203(2) does not apply in the first instance. And if your
client's property fails to comply with the Vail Town Code, it is entirely appropriate for the DRB
to require compliance as a condition of approval. Here, your client's improvements on Town
property constitute a clear violation of Chapter 14 of Title 5 of the Vail Town Code.
Third, the suggestion that the condition is "a requirement to provide services to the Town"
is a stretch, to say the least. Your client placed improvements on Town property in violation of
the Vail Town Code, and as such, is solely responsible for removing them.
Lastly, the DRB is expressly authorized to include conditions of approval, pursuant to Vail
Town Code § 12-11-4(C)(2)(a). While your interpretation of the DRB's condition is strained, we
will ensure that the Town Council clarifies the condition to require removal of only those
improvements on Tract C that were placed there by or at the direction of your client or are used by
your client and within your client's control. That clarification should satisfy the concerns raised
on the second page of your letter.
April 5, 2022 - Page 257 of 284
March 15, 2022
Page 2
3/15/2022
Q:\USERS\VAIL\DELPONTE\CORR\BRADLEY-L031522.DOCX
If you have additional comments or questions, please direct them to me.
Very truly yours,
Kendra L. Carberry
klc@hpwclaw.com
c: Mayor and Town Council
April 5, 2022 - Page 258 of 284
VA I L TO W N C O UNC I L A G E ND A ME MO
I T E M /T O P I C: Ordinance No. 3, S eries 2022, Second Reading, A n Ordinance Making Budget
A djustments to the Town of Vail General F und, Capital Projects F und, Real E state Transfer Tax
Fund, Housing F und, Marketing Fund, Heavy E quipment F und, Residences at Main Vail F und and
Dispatch S ervices Fund.
P RE S E NT E R(S ): Carlie Smith, Deputy Finance Director
AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with amendments Ordinance No.
3, Series 2022.
B AC K G RO UND: P lease see attached memo.
S TAF F RE C O M M E ND AT IO N: A pprove or approve with amendments Ordinance No. 3, Series
2022.
AT TAC H ME N TS:
Description
Supp
April 5, 2022 - Page 259 of 284
TO: Vail Town Council
FROM: Finance Department
DATE: April 5, 2022
SUBJECT: 2021 Results and 2022 Supplemental Appropriation: 2nd Reading of Ordinance
No. 3, Series 2022
I. SUMMARY
The completion of the town’s 2021 fiscal year sets the stage for this supplemental appropriation
of 2022. Included in this memo is a high-level review of 2021 financial results. During Tuesday
evenings session, you will be asked to approve the second reading of Ordinance No. 3 making
supplemental appropriations and adjustments to the 2022 budget. This supplemental reflects
$28.2M of capital projects that span more than one year and need to have funding re-
appropriated to the current year in addition to new requests.
II. DISCUSSION
Changes to the budget supplemental request from first reading
General Fund
With the receipt of February sales tax collections, staff has adjusted 2022 budgeted sales tax
revenues with an overall increase of $7.2M compared to the original 2022 budget. This
adjustment remains conservative by reflecting year-to-date collections and estimating the
remainder of the year as flat with 2021. 62%, or $4.5 million will be reflected in the General
Fund and the remaining 38%, or $2.7 million in the Capital Projects Fund.
Staff has reflected an increase in professional fees of $7,900 in the housing department for
participation in a county-wide study to determine available inventory of land for housing
developments.
Staff has also reflected $17,336 of rental income for the two new employee housing units
(Meadow Ridge and Vail East Lodging) directly offset by expenditures for HOA dues, utilities,
and maintenance expenditures.
Since the first reading of the budget supplemental, staff realized that an estimated $250,000 in
benefits expense related to the increased wages as a part of the Compensation Study was not
April 5, 2022 - Page 260 of 284
- 2 -
originally included in the budget request. That amount has now been included as a part of this
second reading.
The above adjustments to the General Fund 2022 budget result an estimated fund balance of
$45.1 million by the end of 2022, or 87% of annual revenues in a normal year.
Contributions
During the afternoon session, The Vail Religious Foundation (Vail Interfaith Chapel) provided an
update to Council regarding the construction improvements already completed and plans for
continued work this year. The Vail Chapel was granted a capital contribution of $500,000 in the
2022 budget however Council had included a “last in” term so that the town’s money was the
last funding received. The Chapel is requesting a release of those funds so they may be used
toward expenses this year. While there is no change to the existing budget allocation, staff is
requesting Council’s input on the request for funds to be released.
Capital Projects Fund
Related to the increase to 2022 budgeted sales tax revenues mentioned above, the Capital
Projects Fund budget for sales tax is increasing by $2.7 million.
Staff has also increased budgeted revenues by $1,650,000 to reflect the recent federal grant
awarded to Town of Vail for the purchase of two more electric buses, replacing diesel buses.
These dollars were received due to the efforts of Senator Bennet and Senator Hickenlooper in
prioritizing this expenditure in the 2022 federal appropriations. The budgeted revenues are
offset by expenditures for the two additional electric buses to be purchased next year.
The town also received notice of a $36,000 state grant toward infrastructure to improve electric
vehicle charging stations. The budget has been adjusted to reflect both the grant proceeds and
expenditures on the project. Separately, $5,000 was added to the budget for vehicle barriers
public safety installation. The increase was due to unanticipated shipping charges.
Staff is also requesting a transfer of $830,000 to the Housing Fund for the purchase of a 2-
bedroom unit to be used for Town of Vail employee rental housing. Please see the Housing
Fund section for more details.
The above adjustments to the Capital Projects Fund 2022 budget will result in an estimated fund
balance of $31.3 million at the end of 2022.
RETT Fund
Staff has adjusted budgeted expenditures to reflect Council approval of an additional $49,000
for the continuation of the NEPA analysis for the hazardous fuels reduction project in East Vail.
Separately, another $150,000 is proposed to implement a cost-share (or donation) of funds to
Vail residents who complete the Fire Wise in Five wildfire mitigation. A resolution for this
program is scheduled for the April 5th Town Council meeting.
The above adjustments to the RETT Fund 2022 budget will result in an estimated fund balance
of $16.9 million at the end of 2022.
Housing Fund
Staff is proposing to allocate $535,000 of InDEED program funds toward the purchase of a one-
bedroom unit at Pitkin Creek that will be re-sold to a Town of Vail employee, or ultimately a Vail
resident after a buy-down of the unit. Another re-allocation of $100,000 from the InDEED
budget is requested for the purposes of appropriating earnest money on potential future home
April 5, 2022 - Page 261 of 284
- 3 -
purchases prior to Town Council approving the purchase. The earnest money would be
remitted with Town Manager approval and contingent upon Town Council approval of the
purchase prior to the closing date. This proposed new process will be presented to Town
Council in more detail as a separate agenda item.
The proposed budget also includes $830,000 funded by the Capital Projects Fund (a transfer
into Housing Fund) for the purchase of a 2-bedroom unit at Meadow Ridge Rd. This unit will be
used to increase the Town of Vail employee rental pool. This is the reason the funding is
coming from Capital Projects Fund rather than using the new Housing Sales Tax, which will be
allocated to town-wide housing initiatives, developments, and programs.
The above adjustments to the Housing Fund 2022 budget will result in an estimated fund
balance of $4.1 million at the end of 2022.
Residences at Main Vail Fund
Budgeted expenditures have been reduced by approximately $313K to reflect a bill paid in
2021. It is not an overall reduction in total project expenditures but rather a timing difference
between years.
REPEATED FROM APRIL 15TH:
2021 RESULTS
During the 2021 budget process revenues were forecasted conservatively and departments
were asked to maintain budget reductions as the town continued to navigate the uncertainty of
the COVID-19 pandemic. As the year progressed Vail experienced a remarkable economic
recovery exceeding budget projections and financial expectations.
Across all funds, revenues totaled $139.8 million. Excluding debt proceeds from both the PW
shops project and The Residences as Main Vail along with large one-time revenues from
federal grants and the Vail Reinvestment Authority capital reimbursement, 2021 revenues
totaled $82.4 million, up $12.9 million from 2020 and up $9.4 million from 2019. Compared
to budget, revenues were up $4.6 million mainly due to sales tax collections of $34.5 million,
up 18% from 2019 and up 10.0% from budget. After a slow start to 2021 with January and
February down 13% from 2019, Vail began to experience record sales tax collections in March
continuing through the end of the year attributed to pent-up travel demand but also credited to
record-setting leaps in inflation.
Real Estate Transfer Tax collections continued to surpass all expectations with another
record number of real estate sales in both dollar volume and the number of transactions. RETT
collections for 2021 total $12.5 million, an increase of 19.9% from 2020, a previous record year.
A total of 493 properties were sold, with 33% of the real estate sales were priced over $2.5
million.
Construction Use Tax collections of $3.7 million were down 77.5%, or $1.6 million from
2020 and up 49.4% from 2019. Other construction related revenues such has permits, design
review and plan check fees of $2.7 million in 2021 were up 49.4% or $860,897 from 2020 and
up 35.9% from 2019.
Lift tax collections of $5.5 million were up 34.7%, or $1.4 million from 2020 and up 3.3%
or $177,611 from 2019.
April 5, 2022 - Page 262 of 284
- 4 -
Parking revenues totaled $7.2 million during 2021, up 46.4%, or $2.3 million from 2020
and up 6.5% or $438,822 from 2019. Daily parking sales in the parking structures were up
18% from 2019, while pass sales were down 25% from 2019.
The Town received and utilized $5.1 million in grant funding during 2021 the majority of
which contributed towards funding large capital projects such as a $1.6 million state grant for
electric bus infrastructure at the Public Works bus barn and a $525,288 Federal grant to
purchase a new electric bus. The Town also received $2.0 million Federal grant funding for
transit operations along with a $320,441 of CARES grants used towards COVID programs and
expenditures.
2021 net expenditures totaled $96.1 million compared to $132.0 million budgeted. Of the
$35.9 million variance, $28.2 million is requested for re-appropriation for capital projects
currently underway in the Capital, RETT, Housing, Dispatch, Heavy Equipment, and
Residences at Main Vail Funds. The remaining savings of $7.7 million was a result of savings
from capital projects ($2.7M), town-wide staffing vacancies ($970K), reduced event spending
($239K), fewer health insurance claims ($995K), a delay of planning projects ($523K), and
reduced general operating expenditures ($2.3M) such as professional fees, general supplies
and materials, COVID economic recovery expenditures and programs, and fuel and vehicle
supplies.
2022 SUPPLEMENTAL APPROPRIATION
The main purpose of this supplemental is to re-appropriate funds for capital projects budgeted in
2021 and are continuing into this year, or projects that did not begin as planned. There are also
adjustments needed to reflect events or decisions that have occurred since the 2022 budget
was finalized.
General Fund
Updated Revenue Projections
The 2022 budget was approved in October of 2021. At that time, it was unknown how the
COVID-19 pandemic and public health orders would impact the 2021/2022 winter season. For
that reason, Town Council supported conservative revenue projections for 2022 which blended
2019, a “normal” revenue year with 2021 actuals, a year that experienced both negative impacts
from public health orders as well as record breaking visitation and revenue collections. Revenue
projections for sales tax, lift tax, and parking collections have been increased and forecasted flat
with 2021 actual collections. Total budgeted sales tax collections are proposed to increase by
$4,000,000 allocated 62% or $2,480,000 to the General Fund and 38% or $1,520,000 to the
Capital Projects Fund. Additionally, the Housing Fund reflects an additional projected
$4,075,000 for the new 0.5% sales tax dedicated to housing projects, programs, and initiatives.
This projection is in line with the traditional tax less estimates less estimates for food for home
consumption.
Budgeted lift tax and parking sales collections have been increased by $100,000 and a
$550,000 respectively.
In total budget revenues in the General Fund will be increased by $4,867,650. Aside from the
$3,130,000 of updated revenue projections listed above, budget revenues will be increased by
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$1,737,650. This includes $1,507,234 of American Rescue Plan Federal grants to reimburse the
town for transit operations ($337,234) and qualifying ARP initiatives ($1,170,000). Revenues
also reflect $230,416 of project reimbursements that will be directly offset by corresponding
expenditures including the following:
$100,000 reimbursement from the Vail Local Marketing District for the Destination
Stewardship Management Plan. The total budget for this project is $200,000.
$150,000 grant from the United States Department of Justice to implement a
countywide, multi-partnership, justice-health program which will focus on carrying out
targeted interventions for victims and offenders while also providing trauma-informed
training to officers. This program will be implemented over a three-year period.
$15,000 reimbursement from the Vail Local Marketing District to assist in staffing the
Discover Vail tent during summer events.
Use of $52,400 Friends of the Library funds to contract the State Library Consortium to
digitize the Vail Trail reels ($43.0K), the author Honorarium program ($7K), maintenance
for the story walk ($2.4K).
$1,534 Holy Cross grant for the library’s oral history program.
General Fund expenditures are proposed to increase by $2,653,216 of which $230,416 will be
reimbursed listed above. The remaining $1,739,282 includes:
$1,250,000 increase in budgeted personnel expenditures reflect the town’s shift in
compensation strategy to reflect a more competitive pay structure to align with the
exceptional services provided by the Town of Vail employees provide. During 2021 the
town realized nearly $1.0 million in savings in personnel costs.
$10,000 in personnel costs for additional Economic Development staff time needed for
the Destination Stewardship Management Plan.
$65,000 for Town Manger recruitment.
$374,000 to continue the Loading and Delivery pilot program in the villages throughout
the summer months. Continuing the pilot program will allow time to research funding
models for a permanent program as well as collect data on summer operations.
$32,782 for the short-term rental study crossing years but was budgeted in full in 2021.
$7,500 of Economic Development marketing SWAG budgeted in 2021 but delivered in
2022 due to supply chain issues.
The above adjustments to the General Fund 2022 budget result in an estimated fund balance of
$43.3 million by the end of 2022, or 87% of annual revenues in a normal year.
Staff also requests to increase the Employee Housing Ownership Program (EHOP) available
balance by $122,738 to reflect the 2021 equity earnings. This increase is not part of the budget
appropriation; however, this is reflected at the bottom of the Fund Statement to show that these
funds are restricted and unavailable for spending. The addition of 2021 equity earnings will
increase total funding to $1,346,000 for this program. Currently, the program has 20
participants and $745.7K in funding committed. In total the town has assisted 51 employees
with loans through this program.
Capital Projects Fund
Budgeted revenues will be adjusted by $7,896,294. Of this, $4,048,146 is revenue
reimbursements for capital projects originally budgeted and committed to in prior years but are
being re-appropriated due to project timing. These revenues will be directly offset by re-
appropriated project expenditures.
The remaining $3,848,149 includes $1,520,000 (38%) of the $4.0M proposed increase in sales
tax, $2,064,548 Colorado Department of Transportation (CDOT) grant to be used towards
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electric bus purchases, a $255,728 CDOT grant to be used towards electric bus infrastructure,
and $6,000 ARP library grant for an additional book return drop off.
Staff is requesting to supplement 2021 expenditures by a total of $28,852,269, of which
$14,602,833 represents projects budgeted in 2021 but not yet completed such as the new
parking entry system ($1.2M), electric bus station infrastructure at Public Works ($938.9K), Vail
Village snowmelt upgrades ($1.25M), construction of Frontage Rd roundabout ($3.4M), and
major road drainage improvements in East Vail ($1.5M). Please see the Capital Projects Fund
fund statement for a full list of all re-appropriations.
New requests/adjustments include the following:
$6,000,000 is requested to move forward from the 2023 budget to order six electric
buses for delivery in 2023. This will be offset by a $2,064,000 Colorado Department of
Transportation grant.
$312,000 to contract for a 5-year subscription with Fischer, the town’s new parking
management software. A 5-year subscription saves the town a significant amount of
money compared to an annual fee.
$100,000 to explore outcomes of the Civic Area Plan. This includes $50,000 for a
preliminary design of a park located at what is currently known as Lot 10 to coincide with
the planning phase of the redevelopment of the Evergreen Hotel. This also includes a
structural engineering study of Dobson Ice Arena supported by Council.
$100,000 is requested to be moved forward from the 2023 budget to begin design of the
Big Horn Road Bridge rails and culvert so that construction can begin in 2023.
$50,000 is requested to move forward from the 2023 budget to beginning planning for
new roundabout lighting. Current light poles will be replaced with 30’ light poles and will
incorporate smart transportation equipment such as traffic cameras. $2.5M is budgeted
in 2023 as part of the town’s 5-year capital plan.
$11,000 for police department records management software.
Staff is also proposing the following transfers to other town funds from the Capital Projects
Fund:
$6,824,698 to the Residences at Main Vail Fund to cover project expenditures
exceeding the $25.1M in bond proceeds. When planning for this project the town had
planned to cash fund a portion of this project.
$565,000 to the Housing Fund to purchase East Vail Lodging Unit #16 for town
employee housing as approved by Council on March 1st.
$25,000 to the Housing Fund for town employee unit capital maintenance and upgrades.
All of the above adjustments will result in an estimated fund balance of $30.2 million by the end
of 2022.
Real Estate Transfer Tax (RETT) Fund
Budgeted revenues will be adjusted by an increase of $392,433. A majority, or $332,433 of this
is for grant and revenue reimbursements originally budgeted and awarded in prior years but
delayed due to project timing. These revenues will be directly offset by re-appropriated project
expenditures. This includes:
$300,000 from Eagle River Water and Sanitation District for the re-stabilization of Dowd
Junction retaining wall and bike path.
$32,433 donation from East West Partners to continue the design and planning of a Ford
Park art space.
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The remaining $60,000 of revenue will be directly offset by corresponding reimbursements and
includes $50,000 for Sustainable Destination displays in the town’s Welcome Centers
reimbursed by the Vail Local Marketing District and a $10,000 donation from Doe Browning for
Art in Public Places Winterfest programming.
Staff is requesting to supplement expenditures by a total of $6,663,751, of which $6,578,751
represents projects budgeted in 2021 but not yet completed such as Dowd Junction retaining
wall repairs delayed during the pandemic, $1.7M to continue town-wide water quality
infrastructure projects, and $2.5M earmarked for Vail Recreation District facility maintenance
projects. Please see the Real Estate Transfer Tax fund statement for a full list of all re-
appropriations.
New requests/adjustments include the following:
During this evening’s meeting, Council received a presentation on the proposed Fire
Wise in Five program. Staff is proposing to include $100,000 per year over five years to
update town owned facilities to be in compliance with the new program.
$61,000 of additional funding for the Booth Falls restroom project. This was approved by
Council on March 1st. The total budget for this project is $466,000.
$41,000 of additional funding for the turf reduction project at Ellefson Park and the Town
Manger residence. This project only received one bid during the RFP process and cost
estimated came is higher than expected. The total budget for this project is $201,000.
$35,000 of sidewalk repairs at Ellefson Park to corresponding with the turf reduction
project.
$25,000 Solar and Storage Feasibility Study. This study will explore the feasibility of
possible future solar infrastructure on town facilities and property.
$8,000 to analyze the engineering and electrical infrastructure needs for the Electric
Vehicle Readiness Plan with a goal of 30% town-wide electric vehicles by 2030 and
100% by 2050.
$5,000 to supply propane for the winter heaters that were added during 2020 and 2021
to allow for more outdoor gatherings during the pandemic. Going forward this will be
budgeted as part of ongoing operations.
$250K decrease of AIPP funds to be used towards the Ford Park Art Space ($850K total
budget)
The above adjustments will result in an estimated fund balance of $17.1 million at the end of
2022.
Housing Fund
Budgeted revenue will increase by $4,665,000. The majority of this increase ($4,075,000)
represents the new 0.5% sales tax dedicated to housing projects, programs, and initiatives. The
remaining $590,000 is a transfer from the Capital Projects Fund to purchase the East Vail
Lodging unit to be used for Town of Vail employee housing ($565,000) and capital maintenance
and upgrades on town-owned employee rental units ($25,000) .
With the passing of a dedicated sales tax for housing initiatives, developments and programs,
the Housing Fund will become a standalone fund rather than a subsidy fund of the Capital
Projects Fund. Staff will use the Housing Fund to track all housing purchases and programs,
however Town of Vail employee housing units will continue to be funded by transfers from the
Capital Projects Fund which preserves the new sales tax for community-wide projects and
programs.
Staff is also requesting to supplement budgeted expenditures by $3,729,943 of which
$3,353,943 represents re-appropriations of the town’s housing programs. This includes:
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A carryforward of $1,329,334 allocated to the InDEED program.
$25,609 carryforward balance in the Buy Down Housing program.
$2,000,000 for Residences at Main Vail developer fees
$2,000,000 placeholder for the potential purchase of the CDOT owned parcel in east
Vail.
The above adjustments will result in an estimated fund balance of $4.1 million at the end of
2022.
Residences at Main Vail Fund
Budgeted revenue will increase by a $6,824,698 transfer from the Capital Projects Fund to
cover construction costs exceeding bonds proceeds. When planning for this project the town
had planned to cash fund a portion of this project. Total construction cost including contingency
is estimated at $31.8 million, offset by financing of $25.0 million. Town Council will have an
opportunity at a later date to consider whether the future housing project should repay the
Capital Projects Fund for the $6.8M in funding.
Budgeted expenditures are proposed to increase by $28,429,320 of which $1,220,987
represents a re-appropriation from the 2021 budget. The additional $27,208,333 is for
construction costs.
Marketing Fund
Budgeted revenues will increase by a total of $78,985. This includes an increase of $152,500
offset by a $73,515 decrease in the transfer from the General Fund. The budget reflects a
$152,500 reimbursement from Vail Resorts which includes $125,000 for the seven-week Vail
Apre’ Spring Series ($150K total budget), $25,000 for a town-wide employee celebration and
concert scheduled for closing weekend ($75K total budget) and $2,500 for the Olympic watch
parties.
Budgeted expenditures are requested to be increased by a total of $78,985. This includes an
increase of $88,985 offset by a $10,000 decrease. Staff is requesting $63,935 of additional
funding for a 4th of July drone light show to replace a traditional fireworks display. The 10-minute
show would display 200 drones illumined, synchronized, and choregraphed in various aerial
formations. Staff is also requesting $25,000 for the end of season employee celebration. This
will be offset by a $25,000 Vail Resorts reimbursement. The Education and Enrichment budget
reflects a decrease of $10,000 to shift funding allocated to the Vail Valley Works Program out of
the contribution process. Instead, this will be funded as a contract service out of the Economic
Development operating budget in the General Fund. This will correspond with a decrease of
$10,000 in the transfer from the General Fund for event funding.
Heavy Equipment Fund
Staff is requesting to re-appropriate $490,796 for vehicle replacements budgeted in 2021.
During 2021 vehicles were difficult to order and/or unavailable due to supply chain issues and
increased demand.
Staff is also requesting $45,900 for a loader tire chain. This was ordered during 2021 was
delivery was delayed due to supply chain issues.
Dispatch Services Fund
The Dispatch Service Fund includes a re-appropriation for the final payment of the Eagle River
Fire Station’s alerting system integrated with the Dispatch CAD system. This will be reimbursed
by Eagle River Fire.
April 5, 2022 - Page 267 of 284
(Unaudited)
2021 2021 Favorable 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Local Taxes: 31,390,000$ 34,739,889$ 3,349,889$ 30,700,000$ 7,200,000$ 37,900,000$
Sales Tax Split b/t Gen'l Fund & Capital Fund 54/46 49/51 62/38 62/38
Sales Tax 17,050,000 17,050,000 - 19,034,000 4,466,000 23,500,000
Property and Ownership 6,055,000 6,016,105 (38,895) 6,014,631 6,014,631
Ski Lift Tax 5,375,000 5,518,980 143,980 5,448,196 100,000 5,548,196
Franchise Fees, Penalties, and Other Taxes 1,734,903 1,757,334 22,431 1,693,618 1,693,618
Licenses & Permits 2,603,513 2,923,534 320,021 2,186,704 2,186,704
Intergovernmental Revenue 2,807,802 3,113,361 305,559 2,350,723 265,000 2,615,723
Transportation Centers 6,378,000 7,159,695 781,695 6,608,758 550,000 7,158,758
Charges for Services 1,233,095 1,348,319 115,224 1,071,297 1,071,297
Fines & Forfeitures 225,642 269,803 44,161 206,566 206,566
Earnings on Investments 200,000 142,738 (57,262) 200,000 200,000
Rental Revenue 1,070,531 1,038,194 (32,337) 1,119,843 17,336 1,137,179
Miscellaneous and Project Reimbursements 242,235 493,087 250,852 251,000 53,934 304,934
Total Revenue 44,975,721 46,831,150 1,855,429 46,185,336 5,452,270 51,637,606
Expenditures
Salaries 21,505,003 20,850,886 654,117 23,041,583 1,275,000 24,316,583
Benefits 7,652,518 7,643,427 9,091 8,075,454 250,000 8,325,454
Subtotal Compensation and Benefits 29,157,521 28,494,313 663,208 31,117,037 1,525,000 32,642,037
7.9%
Contributions and Welcome Centers 376,030 340,681 35,349 284,611 284,611
Chilcare Program Funding - - - 250,000 250,000
All Other Operating Expenses 8,085,251 7,457,920 627,331 9,036,237 718,452 9,754,689
Heavy Equipment Operating Charges 2,721,209 2,319,016 402,193 2,816,503 2,816,503
Heavy Equipment Replacement Charges 831,728 909,338 (77,610) 971,764 971,764
Dispatch Services 616,306 616,306 - 652,938 652,938
Total Expenditures 41,788,045 40,137,575 1,650,470 45,129,090 2,243,452 47,372,542
Surplus (Deficit) from Operations 3,187,676 6,693,575 204,959 1,056,246 3,208,818 4,265,064
One-Time Items:
Federal Grants
ARP Transit Grant (Operating)- - - 337,234 337,234
CRRSAA Transit Grant (Operating)1,789,613 1,789,613 - 1,658,768 - -
CARES Transit Grant (Operating)450,000 229,274 (220,726) - - -
CARES Grant - 87,598 87,598 - - -
American Rescue Plan Grant - - - - 1,170,000 1,170,000
American Rescue Plan Initiatives - - - (585,000) (585,000) (1,170,000)
Planning Projects
Destination Stewardship Mgmt Plan (100,000) - 100,000 (100,000) (100,000) (200,000)
Vail 2050 Plan (100,000) - 100,000 (50,000) - (50,000)
Civic Area/Dobson Master Plan (85,000) - 85,000 (200,000) - (200,000)
West Vail Master Plan (412,149) (173,909) 238,240 (225,000) - (225,000)
Contributions Funded with Reserves
Vail Chapel - - - (500,000) - (500,000)
Mountain Travel Symposium - - - (158,000) - (158,000)
COVID-19
Gift Card Program (30,000) - 30,000 - - -
Winter Operations Tenting Program - - - - - -
COVID Economic Development Expenses (66,000) (1,208) 64,792 - - -
Digital Marketing Campaign "Work from Vail" (45,000) (39,957) 5,043 - - -
Vail Community Relief Fund (130,000) (114,000) 16,000 - - -
Commercial Rent Relief Program (500,000) (441,250) 58,750 - - -
Net Increase /(Decrease) due to One- Time Items: 771,464 1,336,160 564,696 (159,232) 822,234 (995,766)
Transfer to Marketing & Special Events Fund (2,206,974) (2,000,000) 206,974 (2,490,600) 73,515 (2,417,085)
Transfer to Other Funds (317,927) (317,927) - - - -
Surplus (Deficit) Net of Transfers and One-Time Items 1,434,239 5,711,809 4,277,570 (1,593,586) 4,104,567 852,213
Beginning Fund Balance 38,547,757 38,547,757 39,981,996 44,259,566
Ending Fund Balance 39,981,996$ 44,259,566$ 38,388,410$ 45,111,779$
As % of Annual Revenues 91% 101% 83% 87%
EHOP balance included in ending fund balance - not spendable 1,223,500$ 1,223,500$ 1,223,500$ 122,738$ 1,346,238$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
9
April 5, 2022 - Page 268 of 284
Changes since 1st reading(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTotal Sales Tax Revenue: 31,390,000$ 34,739,889$ 3,349,889$ 30,700,000$ 7,200,000$ 37,900,000$ 2022: Adjusted for 2022 YTD thru Feb plus remainder of year flat with 2021 ActualsSales Tax Split between General Fund & Capital Fund62/38 49/51 62/38 62/38Sales Tax - Capital Projects Fund 14,340,000$ 17,689,889$ 3,349,889$ 11,666,000$ 2,734,000$ 14,400,000$ Sales tax split 62/38Use Tax 3,450,000 3,687,945 237,945 2,800,000 2,800,000 2022: Based on 5-year average with Park Meadows ProjectConstruction Fees / Traffic Impact Fees 1,500,000 - (1,500,000) - 1,500,000 1,500,000 2022: Re-appropriate $1.5M traffic impact fee for Frontage Rd projectFranchise Fee 193,800 204,702 10,902 204,000 - 204,000 1% Holy Cross Franchise Fee approved in 2019; 2022-2035 based on 2% annual increaseFederal Grant Revenue - - - - 1,650,000 1,650,000 2022: Allocation from Hickenlooper/Bennet federal grant award for two additional electric busesOther State Revenue 1,975,207 1,999,160 23,953 - 2,364,149 2,364,149 2022: $2.1M CDOT grant for four electric buses; $255.7K CDOT grant for four electric bus chargers; $6K ARP library grant for additional book drop; $36K grant for electric car charging infrastructure 2021: $1.09M FASTER for electric bus chargers, $525 CDOT bus grant; $350K CDOT 50% match grant for bus transportation mgmt. systemLease Revenue 164,067 163,909 (158) 164,067 - 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Project Reimbursement 411,000 113,822 (297,178) - 366,000 366,000 2022: $15K reimbursement from Vail Health for new bus stop included in Frontage Rd project, and $351K ERWSD reimbursement for Frontage Rd. project; 2021: $60K Vail Health Reimbursement for Frontage Rd Improvements project, $351K from ERWSD for Frontage Road Improvements project; $1.5M from traffic impact fee from Vail Health for Vail Health/ Frontage Road Project; Timber Ridge Loan repayment 2,363,087 2,278,294 (84,793) 463,043 - 463,043 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other 38,978 113,291 74,313 112,865 - 112,865 2021: 0.7% returns assumed on available fund balanceTotal Revenue 24,436,139 26,251,012 1,814,873 15,409,975 8,614,149 24,024,124 FacilitiesFacilities Capital Maintenance 748,500 164,327 584,173 489,500 6,000 495,500 2022: $6K for additional library book drop at Safeway (reimbursement above); Fire Station interior paint ($35K), Fire Stations Radiant tube replacement ($25K); Library Skylight maintenance ($150K), PW roof repairs ($50K), Phase 3 of transit center skylight replacement ($50K); 2021: garage door replacements ($50K), PW boiler replacement ($20K), 2nd phase of transit center skylight replacement ($50K), Buzzard Park repairs ($41K)Municipal Complex Maintenance 630,234 500,000 130,234 835,000 714,407 1,549,407 2022: Re-appropriate $714.4K for Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K); 2021: Muni Admin air handlers ($225K), $373K for Muni/PD air handlers and Council Chamber remodel; $25K for Community Development workspace improvements; Transfer $22.8K to Donovan Pavilion; 2021 includes Admin Upper level system installation ($175K), PD Stucco patching and painting ($40K), PD wood siding replacement ($30K); Public Works Building Maintenance 300,000 300,000 - 300,000 300,000 2022: $300K to replace two HVAC units at Public WorksWelcome Center/Grandview Capital Maintenance 100,000 100,000 25,000 100,000 125,000 2022: $100K Furniture replacement in Vail Village Welcome CenterSnowmelt Boilers Replacement 1,000,000 132,871 867,129 500,000 867,129 1,367,129 2021-2023: Re-appropriate for replacement of TRC 8 electric boilers (2 per year)Donovan Pavilion Remodel 1,476,096 1,326,759 149,337 - 5,000 5,000 2022:Final Donovan Pavilion upgrades; 2021: Remodel and Upgrades to Pavilion; Relocation of HVAC systemPublic Works Shops Expansion 18,769,259 16,941,943 1,827,316 - 1,827,316 1,827,316 Expansion and remodel of the Public Works shop complex as outlined in an updated public works master plan (previously completed in 1994). The plan will ensure shop expansions will meet the needs of the department and changing operations; 2019-2020: Phase I includes demo and reconstruction of a two story streets building; retaining wall construction, new cinder building, relocation of the green house building, and a vertical expansion allowance for future building options. Lease financing in 2021 included below.Total Facilities23,024,089 19,065,900 3,958,189 1,849,500 3,819,852 5,669,352 ParkingParking Structures 955,754 579,325 376,429 785,000 376,429 1,161,429 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 10 April 5, 2022 - Page 269 of 284
Changes since 1st reading(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDOversized Parking Area 100,000 100,000 2,000,000 100,000 2,100,000 2022: $100K for Design and survey costs for new oversized parking area; $2.0M placeholder for Construction of surface parking lotParking Entry System / Equipment 1,225,148 26,738 1,198,410 - 1,510,410 1,510,410 2021: Re-appropriate $1.2M for a new parking system; $312K for 5 year up front cost of subscription softwareRed Sandstone Parking Structure (VRA) 30,000 6,145 23,855 - 23,855 23,855 2022: Re-appropriate $23.8K to build fence at parking structureLionshead Parking Structure Landscape Renovations (VRA) 30,291 30,291 - 30,291 30,291 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacementTotal Parking2,341,193 612,208 1,728,985 2,785,000 2,040,985 4,825,985 TransportationBus Shelters 259,721 150,759 108,962 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelterReplace Buses 3,455,822 3,448,464 7,358 - 7,650,000 7,650,000 2022: Move forward $6M from 2023 budget to purchase 6 electric buses; $1.65M for 2 more electric buses paid by Hickenlooper federal grant dollars; 2021: Re-appropriate $3.5M for buses ordered in 2020 with delivery in 2021; Bus Transportation Management System 760,000 747,197 12,803 - - 2021: $760K for a new bus transportation mgmt. system. This includes a $350K 50% CDOT grant and $350K savings from "Replace Buses" project to upgrade bus transportation system; $350K CDOT grant; $60K Traffic Impact Fee and Transportation Master Plan Updates 330,000 23,215 306,785 - 306,785 306,785 2022: Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K)Hybrid Bus Battery Replacement 165,000 165,000 - 165,000 165,000 2022: Scheduled replacement placeholder; Estimated life of 6 years; While batteries are passed their lifecycle replacement has not been needed as of yetElectric bus chargers and electrical service rebuild 1,267,279 1,120,322 146,957 - 402,675 402,675 2022: Re-appropriate $147K for electric bus infrastructure; $255K additional funding from CDOT grant; 2021:$1.3M to continue to construct electric bus charging station and electrical service infrastructure at Lionshead and Vail Village Transit centers; $1.1M in grant revenue will offset cost of this projectTotal Transportation6,237,822 5,489,955 747,867 30,000 8,524,460 8,554,460 Road and BridgesCapital Street Maintenance 1,225,000 1,217,394 7,606 1,405,000 1,405,000 On-going maintenance to roads and bridges including asphalt overlays, patching and repairs; culverts; 2022/2023 includes asphalt and mill overlay ($575K)Street Light Improvements 219,369 219,369 75,000 219,369 294,369 Town-wide street light replacementSlifer Plaza/ Fountain/Storm Sewer 73,417 2,000 71,417 - 71,417 71,417 2022: Re-appropriate $71.4K for water quality vault ongoing repairsVail Health / TOV Frontage Road improvements 7,500,000 4,112,180 3,387,820 - 3,387,820 3,387,820 2022: VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA in 2021, Traffic impact fee ($1.5M), Timing of this project is pending the Civic Center Master PlanNeighborhood Bridge Repair - - - 100,000 100,000 2022: Move forward $100K from 2023 budget to begin design of Bighorn Rd Bridge rails and culvert replacement; $800K budgeted for construction in 2023Seibert Fountain Improvements 60,000 32,112 27,888 - 27,888 27,888 2022: Final payments for Fountain software system and valve upgrades at Seibert FountainRoundabout Lighting Project - - - 50,000 50,000 2022: Move forward $50K to design roundabout lighting project. The 2023 budget includes $2.5M and proposes to install new lighting at the West Vail and Vail Town Center roundabouts. Current light poles will be replaced with 30' LED light poles and would incorporate smart transportation equipment such as traffic camerasNeighborhood Road Reconstruction 1,500,000 36,825 1,463,175 - 1,463,175 1,463,175 2022: Re-appropriate $1.5M for East Vail road Major Drainage Improvements constructionVail Village Streetscape/Snowmelt Replacement 1,250,000 1,250,000 - 1,250,000 1,250,000 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge11,827,786 5,400,511 6,427,275 1,480,000 6,569,669 8,049,669 TechnologyTown-wide camera system 30,022 30,022 30,000 30,000 60,000 $30K Annual maintenanceAudio-Visual capital maintenance 94,978 84,129 10,849 150,000 150,000 2022: Re-assessment and update of A/V and videoconferencing solutions town-wide ($132K); '$18K annual maintenance / replacement of audio-visual equipment in town buildings such as Donovan, Municipal building, Grand View, LH Welcome Center; 2021: $100K Welcome Center video wall replacement; Document Imaging 50,000 36,056 13,944 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 645,670 538,729 106,941 700,000 700,000 Annual software licensing and support for town wide systems 11 April 5, 2022 - Page 270 of 284
Changes since 1st reading(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDHardware Purchases 150,000 120,555 29,445 75,000 75,000 2021-2025: $75K for workstation replacements (20-25 per year); 2021: Time Clock Replacement ($125K); workstation replacements ($50K); Website and e-commerce 102,466 89,025 13,441 60,000 10,000 70,000 2022-2026: Annual website maintenance ($60K); $10K Re-appropriation to continue website migration to Granicus; 2021: $50K for new Vailgov.com website framework and website upgrades; Internet security & application interfaces; website maintenance $12K; Vail calendar $24K; domain hosting $15K; web camera streaming service $24K; Fiber Optics / Cabling Systems in Buildings 597,215 926 596,289 50,000 575,000 625,000 2022-2025: Repair, maintain & upgrade cabling/network Infrastructure $50K; $575K re-appropriation to add additional fiber infrastructure to connect critical IT equipment locations including the Village parking structure; the Muni Building; LH Parking Structure; and the West Vail Fire StationNetwork upgrades 141,708 115,228 26,480 30,000 25,000 55,000 2022: Re-appropriate $25K for delayed wireless devices unable to order during 2021; Computer network systems - replacement cycle every 3-5 years; Data Center (Computer Rooms) 233,952 152,097 81,855 155,000 155,000 2021: $125K for data center equipment annual maint; Re-appropriate $73.4K to continue Data Center remodel; $30K annual maintenance; 2022: Includes $125K for Data Center equipment annual maint agreement (2 year agreement)Broadband (THOR) 94,800 93,616 1,184 94,800 94,800 2021-2024: $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement 85,000 85,000 - 55,000 55,000 2022: HR Performance mgmt. system ($55K)Total Technology2,225,811 1,230,361 995,450 1,394,800 695,000 2,089,800 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 62,883 45,517 17,366 25,000 11,000 36,000 $25K Annual capital maintenance of "County-wide "Computer Aided Dispatch/Records Mgmt. System";2022: Includes $11.0K for PD Brazos systemPublic Safety IT Equipment - - 25,000 25,000 Annual Maint/Replacement of PD IT Equipment including patrol car and fire truck laptops and software used to push information to TOV and other agencies; TOV portion of annual Intergraph software maintenance; Public Safety Equipment 200,808 201,864 (1,056) 74,305 5,000 79,305 2022: $5K increased cost of barriers; Gas masks ($14.5K), Livescan systems ($16.5K); PD truck sign ($13K), 2 additional event barriers ($30.7K); 2021: Replacement of body worn camera program and storage software mgmt. system, tasers, and holsters; $101.5K per year for body worn camera systemFire Safety Equipment 25,000 25,000 - 25,000 25,000 2022:Re-appropriate Wildland personnel protection equipment ($25K)Thermal Imaging Cameras - - 12,000 12,000 For the purchase of 3 cameras (2019,2020,2022) which will allow firefighters to see through areas of smoke, darkness, or heat barriersFire Station Alert System - - 230,000 230,000 2022: Fire Station Alerting System to improve response times. This system will work with the Dispatch system and the timing is being coordinated with Eagle River Fire. Deferred $198K from 2020Fire Truck Replacement 880,000 880,000 1,700,000 880,000 2,580,000 2022: Re-appropriate $880K for replacement of Engine I purchased in 2011 (Truck was ordered in 2021 but unable to be delivered); Replacement of Ladder truck (aerial apparatus) purchased in 2000 ($1.7M)Total Public Safety1,168,691 247,381 921,310 2,066,305 921,000 2,987,305 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation 2,987,992 2,732,447 255,545 - 255,545 255,545 2022: Re-appropriate $255K for final costs; 2021: $2.7M for temporarily relocation of the Children's Garden of LearningPepi's Memorial 20,000 20,000 - Pepi's Memorial in Pepi's Plaza ($20K)Energy Enhancements 223,847 162,554 61,294 - 97,294 97,294 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for electic infrastructurePedestrian Safety Enhancements 25,000 25,000 - 25,000 25,000 2022: $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Civic Area Redevelopment - - - 100,000 100,000 2022: $100K to explore outcomes of the Civic Center Master Plan such as feasibility studies / design (includes $50K for Dobson structural engineering study and $50K for preliminary Lot 10 park design)Underground Utility improvements 15,459 15,459 - 15,459 15,459 2022:$15.5K to finalize Big Horn underground utility projectGuest Services Enhancements/Wayfinding 25,482 1,175 24,307 - 24,307 24,307 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K)Rockfall Mitigation near Timber Ridge 40,679 40,679 - - 2021: $40.7M for annual rock wall maintenanceVehicle Expansion 40,000 40,000 434,500 40,000 474,500 2022: Re-appropriate $40K for new PD detective take-home vehicle unable to order in 2021; 5 (of 12) vehicles for PD take-home program, detective take-home vehicle; fire inspector vehicle, wildland crew vehicleTotal Community and Guest Service3,378,459 2,896,175 482,284 434,500 557,605 992,105 12 April 5, 2022 - Page 271 of 284
Changes since 1st reading(Unaudited)2021 2021 Favorable/ 1st 2022Amended Actual (Unfavorable) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDTotal Expenditures 50,203,851 34,942,492 15,261,359 10,040,105 23,128,571 33,168,676 Other Financing Sources (Uses)Debt Financing for Public Works shop 15,190,000 15,190,000 - - - Debt Issuance Cost (190,000) (185,265) 4,735 - - Debt Service Payment (1,155,905) (1,155,905) - (1,155,712) (1,155,712) Debt Payment for PW ShopsTransfer from Vail Reinvestment Authority 9,928,004 7,410,723 (2,517,281) 50,000 2,182,146 2,232,146 2022: $30.3K LH parking structure landscaping; $1.5M reimbursement for Frontage Rd roundabout; $256K to complete new CGL building; $23K for Red Sandstone parking structure safety fence; $350K LH electric snowmelt boiler; $50K LH parking capital maint; 2021: $229K for LH transit center bus stop; $30.3K reappropriation for LH transit landscape improvements; $30K for Red Sandstone landscaping; VH plans for expansion; Improvements would span from LH Parking structure to Municipal building; $6.0M funded by VRA; Lionshead Parking Structure $50K; CGL Temp Facility $2.73MTransfer to Residences at Main Vail - - - (6,144,204) (6,144,204) Transfer to Residences at Main Vail FundTransfer to Housing Fund (4,500,000) (4,500,000) - (2,500,000) (1,420,000) (3,920,000) 2022: $565K for East Vail Lodging Unit; $25K employee housing capital maint; $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity feeTransfer from General Fund 145,982 145,982 - - Total Other Financing Sources and Uses 19,418,081 16,905,536 (2,512,546) (3,605,712) (5,382,058) (8,987,770) Revenue Over (Under) Expenditures (6,349,631) 8,214,055 1,764,158 (19,896,480) (18,132,322) Beginning Fund Balance 41,177,524 41,177,524 34,827,893 49,391,579Ending Fund Balance 34,827,893 49,391,579 36,592,051 31,259,257 13 April 5, 2022 - Page 272 of 284
Changes since 1st reading2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedReal Estate Transfer Tax 11,500,000$ 12,524,015$ 1,024,015$ 7,500,000$ 7,500,000$ 2022: Based on 5-year average; 2023-2035: 2% annual increaseGolf Course Lease 170,000 174,778 4,778 171,700 171,700 Annual lease payment from Vail Recreation District; annual increase will be based on CPI; New rate effective 2020 with lease signed in 2019; Rent income funds the "Recreation Enhancement Account" belowIntergovernmental Revenue 327,500 58,155 (269,345) 20,000 350,000 370,000 2022: $20K lottery proceeds; 1st Supplemental: $50K reimbursement from VLMD for Welcome Center displays; $300K re-appropriation from ERWSD for Dowd Junction retaining wall; 2021: $300K Reimbursement from ERWSD for Dowd Junction retaining wall project; $20K lottery proceedsProject Reimbursements 11,200 26,554 15,354 101,200 101,200 2022: VRD reimbursement for annual Synexis, $90K reimbursement from the VLMD for DSMP Welcome Center displays (see project below); 2021: VRD Reimbursement for annual Synexis Maint.Donations 35,782 15,655 (20,127) - 42,433 42,433 2022 1st Supplemental: $10K donation from Doe Browning for Winterfest; $32.4K unused East West donation for Ford Park art space; 2021: $35.8K unused donation from East West for Ford Park art spaceRecreation Amenity Fees 85,000 86,145 1,145 10,000 10,000 2021: $75K of additional recreation amenity fees based on YTD collections; 10K annuallyEarnings on Investments and Other 61,536 159,542 98,006 132,460 132,460 2021 $4.5K use of Sole Power grants towards participant prizes; $7.5K IAFC grant to be used towards fire chipping program; $7.9K use of bag fee for recycling banner swag; $32K Clean Up Day ; 2021-2035: 0.7% interest rate assumedTotal Revenue 12,191,018 13,044,843 853,825 7,935,360 392,433 8,327,793 Management Fee to General Fund (5%) 575,000 626,201 (51,201) 375,000 375,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 344,707 261,383 83,324 556,393 556,393 Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTEWildfire Mitigation - 25,000 25,000 Implementation of Fuels Reductions projects and potential geological hazard study to update CWPP. NEPA for East Vail Hazardous Fuels Reduction - 50,000 49,000 99,000 Complete the NEPA analysis for the East Vail Hazardous Fuels Reduction Project. This is a project which council has already voted to support, it consists of hazardous fuels reduction on USFS lands from East Vail to Red Sandstone Road; $49K increase in estimated NEPA costs as approved by Council Fire Wise in Five - Rebate program150,000 150,000 Cost share program for Vail citizens implementing Fire Wise Fire Wise in Five - TOV Implementation - - 100,000 100,000 Fire Wise in Five program- TOV facilitiesTotal Wildland344,707 261,383 83,324 631,393 299,000 930,393 ParksAnnual Park and Landscape Maintenance 2,029,103 1,886,598 142,505 2,135,540 5,000 2,140,540 Ongoing path, park and open space maintenance, project mgmt.; Town Trail Host volunteer program ($16,000); $5K for propane for winter outdoor heatingVillage Holiday Lighting Design - - 185,000 185,000 2022: This includes the costs of a consultant to assist the town in identifying alternative holiday decorations from traditional trees decoration; purchase two pre-lit trees for Vail Village and Lionshead as an alternative to decoration live treesPark / Playground Capital Maintenance 171,401 171,401 125,000 35,000 160,000 2022: $35K sidewalk repair to Ellefson Park sidewalks to coincide with turf project; Annual maintenance items include projects such as playground surface refurbishing, replacing bear-proof trash cans, painting/staining of play structures, picnic shelter additions/repairs, and fence maintenance;2021: $125K annual Maint; Re-appropriate $76K for heater in Ford Park restrooms ($46K) and to transfer $30K to Stephen's park to complete projectMayors Park Capital Maintenance - - 50,000 50,000 2022: Replace flagstone at Mayors ParkTree Maintenance 85,888 85,888 75,000 75,000 On going pest control, tree removal and replacements in stream tract, open space, and park areasStreet Furniture Replacement 85,000 85,000 85,000 85,000 Annual street furniture replacementVillage Landscape Enhancements - - 50,000 50,000 Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placementCovered Bridge Pocket Park Rehabilitation 111,073 111,073 - - 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements 63,176 27,355 35,821 - 35,821 35,821 2022: Re-appropriate $35.8K for interpretive signage, playground equipment, and landscaping; 2021: $63.2K for Stephens Park safety improvements; transfer $30 from park capital maint Ford Park Master Plan 47,000 44,222 2,779 150,000 (44,201) 105,799 2022: Reduce $47K moved up in 2021 budget from 2022; re-appropriate 2.3K; Master Plan Revisions/Updates to address several proposed modifications including the Vail Nature Center, an indoor tennis/pickleball facility, BFAG expansion, conversion of fields to turfFord Park- Betty Ford Way Pavers - - 1,200,000 1,200,000 2022: Construction of new concrete unit paver roadway, new steel guardrail, stream walk intersection improvement, and landscaping improvements. This project would be coordinated with BFAGFord Park Enhancement: Priority 3 Landscape area 75,000 69,054 5,946 - 5,946 5,946 2022: $5.9K for landscaping at the Nature Center bridge; 2021: $75K for landscaping around playground ad basketball courtTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 14 April 5, 2022 - Page 273 of 284
Changes since 1st reading2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park Playground Improvements 200,000 200,000 - 200,000 200,000 2022: Safety Improvements to the Ford Park play area including wooden bridge to boulder area, expansion to toddler area, ADA upgrades, and replacement of a safety net ($200K)Ford Park Lighting Control System - - 180,000 180,000 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. OldSunbird Park Fountain Repairs 15,000 11,570 3,430 - 3,430 3,430 2022: Re-appropriate $3.4K for final bills; 2021: $15K Installation of Clear Comfort advanced oxidation commercial pool sanitation system to water safe for kidsVail Transit Center Landscape 32,817 32,817 - 32,817 32,817 2022: $32.8K for completion of landscaping at Vail transit centerTurf Grass Reduction 10,000 1,313 8,688 150,000 49,688 199,688 2022: $150K Continuation of turf reduction at Ellefson park, turf replacement at TM residences and Red Sandstone Underpass; $41K increase in cost over estimate; $8.7K re-appropriation; 2021: $10K Begin turf reduction project at Ellefson parkPlayground/Park Roofing Replacements 75,000 27,300 47,700 - - 2021: Replacing cedar shake roofs at Ford Park, Ellefson Park, and Buffher Creek Park to address fire safetyKindell Park/Mill Creek175,000 25,138 149,862 - 149,862 149,862 2022: Improvements to heavily worn stream tract between Hanson Ranch Rd and Pirateship parkDonovan Park Improvements - - 35,000 35,000 2022: Relandscaping on Donovan Park parking lot islandsBig Horn Park Improvements 55,000 51,032 3,968 - - 2021: Safety Improvements to Bighorn park including stairway/handrails and resurfacing near picnic tables and grills ($55K)Gore Creek Promenade Rehabilitation - - 370,000 370,000 2022: Planning, design, and rehabilitation of the Gore Creek Promenade caused by excessive guest visitation. Project would include expansion of heated paver walkways, ground-level wood picnic deck, artificial lawn area, landscape enhancements, and a stream walk connection to the Covered Bridge Pocket ParkTotal Parks3,230,458 2,143,582 1,086,876 4,790,540 473,363 5,263,903 Rec Paths and TrailsRec. Path Capital Maint 129,717 115,809 13,908 159,717 159,717 2021: Re-appropriate $74K for amphitheater bridge railings and decking; $85K for annual Capital maintenance of the town's recreation path systemBike Safety - - 15,000 15,000 $15K annual cost for bike safety programsBike Path Signage - - 35,000 35,000 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfindingPedestrian Bridge Projects - - 400,000 400,000 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass; Vail Valley Drive Path Extension: Ford Park to Ptarmigan 42,659 42,659 - - 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathVail Valley Drive Path Extension: Ptarmigan West to GC Mtn Building42,659 32,552 10,107 - - 2021: $42.7K to plan and design future improvements of Vail Valley Drive pathAdvisory Bike Lanes on Vail Valley Drive 75,000 75,000 - - 2021: Add an advisory bike lane on Vail Valley DriveGore Valley Trail Bridge Replacement (ERWSD) 40,000 40,000 40,000 40,000 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)Gore Valley Trail Realignment 124,428 46,393 78,036 - 2021: $124.4K for Gore Valley trail re-alignment design; 2022: $2.3M for construction to realign Gore Valley Trail- cost share with Vail ResortsGore Valley Trail Fence Replacement at Dowd Junction 50,000 50,000 - 50,000 50,000 2022: Replace wood fence along Gore Valley Trail in Dowd Junction in conjunction with CDOT wildlife fence projectEast Vail Interchange Improvements 253,818 44,375 209,443 - 209,443 209,443 2022: Re-appropriate $253K to continue East Vail interchange projectDowd Junction repairs and improvements 799,155 799,155 - 799,155 799,155 2022: Continue Re-stabilization of Dowd Junction retaining wall ($799.2K); Repairs to culverts, drainage, and preventative improvements; project in cooperation with Eagle River Water and Sanitation; offset with reimbursement of $300K reimbursement from ERWSDBooth Lake Trailhead Parking Restroom 230,000 27,050 2,950 375,000 63,950 438,950 2022: Installation of permanent restroom at Booth Lake trailhead for hikersTotal Rec Paths and Trails1,787,436 266,178 1,321,258 984,717 1,162,548 2,147,265 Recreational FacilitiesNature Center Operations 90,000 80,898 9,102 106,187 106,187 Nature Center operating costs(Contract with Walking Mountains)Nature Center Capital Maintenance 55,165 55,165 38,690 55,165 93,855 2022: Re-appropriate $55K placeholder for nature center maint and repairs; Wood siding and trim repairs ($11.4K), open rail fencing replacement ($13.4K)Nature Center Redevelopment 383,522 383,522 - 383,522 383,522 2022: $383.5K for further planning and design for a nature center remodelGolf Clubhouse & Nordic Center 24,809 21,214 3,595 - - 2021: Final art purchases for Clubhouse and Nordic Center; art budget was 1% of original project budgetLibrary Landscape and reading area - - 100,000 100,000 2022: Exterior landscaping and site work enhancements for an outdoor reading areaTotal Recreational Facilities553,496 102,112 451,384 244,877 438,687 683,564 15 April 5, 2022 - Page 274 of 284
Changes since 1st reading2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX EnvironmentalEnvironmental Sustainability 621,255 504,012 117,243 651,505 651,505 Annual operating expenditures for Environmental department (4.25 FTEs); includes $40K for Clean up day, professional dues to organizations such as CC4CA, Climate Action Collaborative, etc.Recycling and Waste Reduction Programs 213,376 163,797 49,579 240,000 20,320 260,320 2022: Re-appropriate $20.3K for pilot compost program through April 2022; Actively Green($40K), Ball Cup Program ($30K), Bus Recycling Challenge ($13K), C&D Pilot ($5K), Green Team ($2.5M), Love Vail website ($20K), Recycling hauls($25K), Compost Program Phase 2 ($45K), Farmers Market Zero Hero ($42K); Recycling Education ($17.5K); 2021: Green Team ($2.5K), Eagle County Recycling Hauls ($25K), Zero Hero ($25K), Actively Green ($40K); Recycling Education ($30K); Ecosystem Health 280,327 134,226 146,101 321,500 321,500 2021: Wildlife Forum ($2.5K), CC4CA ($3K); Biodiversity Study ($50K), Sustainable Destination ($30K), Trees for Vail ($5K), USFS Forest Service Ranger Program ($33K); Wildlife Habitat Improvements ($100K); 2022: CC4A ($3K), Biodiversity Study ($150K), Strategic Plan ($10K), SD Contract ($18K), Trees for Vail ($5K), USFS Front Ranger Program ($33K), Wildlife Habitat Improvements ($102.5K)Energy & Transportation 94,981 68,852 26,129 55,000 34,049 89,049 2022: $25K for Solar feasibility study; $8K EV planning and analysis; Energy Smarts ($40K), Sole Power ($7.5K), Energy Outreach Programs ($7.5K); 2021: Continue E-Bike pilot program ($25K), Energy Smart Partnership ($40K), Sole Power ($7.5K) 2021: E-bike pilot program research ($25K); Annual expenditures: Energy Smart Colorado partnership contract ($40K); Sole Power coordination ($7.5K); 2021-2024: Energy Smart Partnership contract ($40K), Sole Power (7.5K)E-Bike Programs - - 193,000 193,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K)Streamtract Education/Mitigation 70,000 43,166 26,834 50,000 50,000 2022: $50K annual streamtract education programming such as "Lunch with Locals" landscape workshops, City Nature Challenge and storm drain art; 2021 also includes $20K re-appropriation for additional educationWater Quality Infrastructure 1,805,116 88,575 1,716,541 300,000 1,716,541 2,016,541 2022: Re-appropriate for water quality infrastructure; $300K for snow dump cleanout and West Vail drainage grate replacement; 2021: Continue water quality improvement to Gore Creek; Stormwater site specific water and water quality construction projects as part of "Restore the Gore"; 2021: $1.0M plus $750K deferred from 2020 Streambank Mitigation 250,000 143,783 106,217 100,000 25,000 125,000 2021-2024 Continuation of Riparian Site specific construction projects for Water Quality Strategic Action Plan ($648.3K) includes 2018 grant awards continued in 2020 for GoCo grant ($39K) and Fishing is Fun grant ($30K)- See carryforward of grant revenue above.Private Streambank Mitigation Program - - 150,000 150,000 Private streambank mitigation program funding placeholderGore Creek Interpretive Signage 150,825 48,750 102,075 175,000 50,000 225,000 2022: $225K for watershed map and installation at the Gore Creek Promenade; 2021: Re-appropriate $150.8K for Gore Creek Interpretive signage projectWelcome Center Educational Displays - - 150,000 50,000 200,000 DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMDPW Solar Project 1,100,000 481,127 618,873 - - 2021: Installation of solar panels at Public Works Shops deferred from 2020Ford Park Amphitheater Solar Panels - - 100,000 100,000 2022: 50/50 cost share with the VVF for roof solar panelsOpen Space Land Acquisition 500,000 5,197 494,804 - - 2022-2025: $250K annual set aside for purchase of open space; 2021 includes additional $250K deferred from 2020Total Environmental5,085,880 1,681,485 3,404,396 2,486,005 1,895,910 4,381,915 ArtPublic Art - Operating 128,617 119,784 8,833 136,586 136,586 Art in Public Places programming and operationsPublic Art - General program / art 635,952 16,992 618,960 60,000 368,960 428,960 To purchase sculptures, artwork, art programs and events; remainder is re-appropriated each year to accumulate enough funds; $618K Re-appropriation less $250K AIPP fund used towards Ford Park Art StudioPublic Art - Winterfest 53,124 28,378 24,746 30,000 34,746 64,746 2022: $64.7K for annual Winterfest programmingSeibert Memorial Statue 17,150 4,458 12,692 - 12,692 12,692 2022: $12.7K for Pete Seibert Memorial statue maintenanceArt Space 35,782 3,350 32,433 850,000 32,433 882,433 2022: Design phase for Ford Park art space- see corresponding donation from East West above; 2022: $850K Rebuilding of designated Art Space Studio in Ford Park using $250K of existing AIPP funds Total Art870,625 172,961 697,664 1,076,586 448,831 1,525,417 CommunityCouncil Contribution: Betty Ford Alpine Garden Support 63,985 63,985 - 74,649 74,649 Annual operating support of the Betty Ford Alpine Gardens; annual increase to follow town's general operating annual increaseCouncil Contribution: Eagle River Watershed Support 36,000 36,000 - 42,000 42,000 Annual support of the Eagle River Watershed Council programs Council Contribution: Adopt A Trail 4,590 4,590 - 17,500 17,500 Adopt A Trail Council Contribution for trails in or bordering the TownCouncil Contribution: Eagle Valley Land Trust 5,000 5,000 - 5,000 5,000 Eagle Valley Land Trust Council ContributionBetty Ford Alpine Garden - Capital Contribution 20,000 20,000 - - - Contribution request to repair ADA pathways ($6K) and upgrade irrigation system ($19K)Total Contributions129,575 129,575 - 139,149 - 139,149 16 April 5, 2022 - Page 275 of 284
Changes since 1st reading2021 2021 1st 2022Amended Actual Fav/(Unfav) 2022 Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX VRD-Managed Facilities & MaintenanceRecreation Enhancement Account 711,665 711,665 171,700 711,665 883,365 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance 36,200 2,800 33,400 - 22,000 22,000 2021: Annual $25K for general RETT facility maintenance; $11.2K Synexis MaintGolf Clubhouse 20,260 10,763 9,496 - 9,496 9,496 2021: Wood Trim repairs ($20.2K)Athletic Field Restroom/Storage Building - - 1,000,000 1,000,000 2022: Placeholder for the replacement of existing restroom/concession with new 2000 sq. ft. restroom/storage buildingGolf Course - Other 725,800 397,322 328,478 41,273 328,478 369,751 2022: VRD shared cost for 1st hole Timber Path planking ($38.0K), asphalt repairs ($3.3K); 2021: $216K for golf course green project; Re-appropriate $590K for golf course maintenance scheduled in 2020 but not completed; course streambank restoration ($73.8K), maintenance building, HVAC unit ($17.7K), maintenance building heater ($8.9K), maint. building furnace ($9.8M)Dobson Ice Arena 595,847 11,605 584,242 30,514 584,242 614,756 2022: Rockwall Repairs ($12.8M), concrete walkways ($17.7K); 2021: Re-appropriate $110.7K for paver and roof repairs; Changing Rooms ($78.8), windows replacement ($74.3), heat pumps ($6.3K), rebuild of electrical system ($144.2K), boiler room upgrades ($55K), steel gate ($14.3K), exterior lighting ($22.9), exterior wood trim ($9.3K); Repairs to exterior doors ($80.0K)Ford Park / Tennis Center Improvements 141,043 3,467 137,576 37,934 137,576 175,510 2022: Wood Siding ($3.9K); Concession/Restroom siding ($12.9K); Drainage-previously budgeted in 2023 ($13.3K); Exterior Doors- previously budgeted in 2023 ($4.6K); 2021: $141K for golf course maintenance scheduled in 2020 but not completed; Repair exterior doors ($9.6K); replace furnace, hot water tank, baseboards ($47.8K), replace windows ($24K); Pickleball Feasibility Study ($10K) Athletic Fields 115,716 115,716 123,510 115,716 239,226 2022: Grading and drainage repairs ($136.9K), paint wood trim ($4.5K), paint wood structure ($6.8K); '2021: Coat exterior gypsum board ($3.7K), Repaved parking lot ($8K), Irrigation System ($100K) Gymnastics Center 240,043 4,804 235,239 47,550 235,239 282,789 2022: Restroom remodel ($42.6K); 2021: Cooling systemTotal VRD-Managed Facilities & Maintenance2,586,574 430,761 2,155,813 1,452,481 2,144,412 3,596,893 Total Expenditures 15,163,751 5,814,238 9,149,513 12,180,749 6,862,751 19,043,500 Revenue Over (Under) Expenditures (2,972,733) 7,230,605 (4,245,389) (6,470,318) (10,715,707) Beginning Fund Balance 20,353,073 20,353,073 17,380,340 27,583,678Ending Fund Balance17,380,340$ 27,583,678$ 13,134,952$ 16,867,972$ 17 April 5, 2022 - Page 276 of 284
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorbale) Budget Supplemental Amended
Revenue
Housing Sales Tax -$ -$ -$ -$ 4,075,000$ 4,075,000$
Housing Fee in Lieu Annual Collections 34,112 34,112 - - -
Transfer in from Capital Projects Fund 4,500,000 4,500,000 - 2,500,000 1,420,000 3,920,000
Workforce Housing Sales 1,067,400 1,054,110 (13,290) - -
Total Revenue 5,601,512 5,588,222 (13,290) 2,500,000 5,495,000 7,995,000
Expenditures
Housing Programs
InDeed Program 2,258,896 929,562 1,329,334 2,500,000 694,334 3,194,334
Buy Down Housing 34,112 3,588 30,524 - 25,609 25,609
Future Earnest Money 100,000 100,000
Pitkin Creek 5-P unit - - - - 535,000 535,000
Chamonix unit 520,703 536,974 (16,271) - - -
Vail Heights Unit 410,162 417,836 (7,674) - - -
TOV Employee Housing
Town of Vail Rental Inventory 34,612 - 34,612 - - -
Black Gore Creek Property 2,142,500 2,144,791 (2,291) - - -
Meadow Ridge Rd - - - - 830,000 830,000
East Vail Lodging Unit - - - - 565,000 565,000
Employee Housing Capital Maintiance - - - - 25,000 25,000
Construction Housing Projects
Residences at Main Vail Opportunity Fee 3,500,000 1,500,000 2,000,000 - 2,000,000 2,000,000
Land Purchases for future Housing
East Vail CDOT Parcel 2,000,000 - 2,000,000 - 2,000,000 2,000,000
Total Expenditures 10,900,985 5,532,752 5,368,233 2,500,000 6,774,943 9,274,943
Operating Income (5,299,473) 55,470 (5,354,943) - (1,279,943) (1,279,943)
Beginning Fund Balance 5,299,473 5,299,473 - 5,354,943
Ending Fund Balance -$ 5,354,943$ -$ (1,279,943)$ 4,075,000$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HOUSING FUND
18
April 5, 2022 - Page 277 of 284
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Business Licenses 335,000$ 337,622$ 2,622$ 345,000$ 345,000$
Transfer in from General Fund 2,206,974 2,000,000 (206,974) 2,490,600 (73,515) 2,417,085
Event Reimbursements/Shared Costs - - - - 152,500 152,500
Earnings on Investments 2,000 2,000 - 1,000 1,000
Total Revenue 2,543,974 2,339,622 (204,352) 2,836,600 78,985 2,915,585
Expenditures
Commission on Special Events (CSE)
CSE Funded Events 625,344 610,457 14,887 759,648 759,648
CSE Surveys 54,000 54,000
Education & Enrichment 166,530 160,530 6,000 154,530 (10,000) 144,530
Signature Events:
Bravo! 210,355 210,355 - 311,657 311,657
Vail Jazz Festival 75,000 75,000 - 85,000 85,000
Vail Valley Foundation - Mountain Games 98,000 98,000 - 140,000 140,000
Vail Valley Foundation - GRFA 52,500 52,500 - 55,125 55,125
Vail Valley Foundation - Dance Festival 38,245 38,245 - 60,000 60,000
Snow Days 300,000 300,000 - 300,000 300,000
Spring Back to Vail - - 300,000 (300,000) -
Town Produced Events:
Vail Apre Spring Series - - - - 250,000 250,000
Employee Celebration & Concert - - - - 75,000 75,000
Magic of Lights 50,000 50,000 - 50,000 50,000
Revely Vail 145,000 114,735 30,265 145,000 145,000
Vail Holidays Funding 25,000 23,435 1,566 25,000 25,000
Vail America Days 80,000 33,392 46,608 80,000 80,000
NYE/4th of July Display 36,000 16,000 20,000 52,015 63,985 116,000
Ambient Event Funding:
Music in the Villages 300,000 300,000 - 250,000 250,000
Culteral Heritage:
Summervail 40,000 40,000 - - -
Other Council Funded Events
Powabunga 300,000 180,080 119,920 - -
Collection Fee - General Fund 16,750 16,881 (131) 17,250 17,250
Total Expenditures 2,558,724 2,319,609 239,115 2,839,225 78,985 2,918,210
Revenue Over (Under) Expenditures (14,750) 20,013 34,763 (2,625) - (2,625)
Beginning Fund Balance 387,124 387,124 372,374 407,137
Ending Fund Balance 372,374$ 407,137$ 369,749$ 404,512$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
VAIL MARKETING & SPECIAL EVENTS FUND
19
April 5, 2022 - Page 278 of 284
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Town of Vail Interagency Charge 3,650,378$ 3,317,946$ 332,432$ 3,897,518$ 3,897,518$
Insurance Reimbursements & Other 10,000 17,972 7,972 10,000 10,000
Federal Grants - 3,569 3,569 - -
Earnings on Investments 7,900 1,300 (6,600) 2,000 2,000
Equipment Sales and Trade-ins 241,730 233,224 (8,506) 126,890 126,890
Total Revenue 3,910,008 3,574,012 (335,996) 4,036,408 4,036,408
Expenditures
Salaries & Benefits 1,141,741 1,024,298 117,443 1,224,934 1,224,934
Operating, Maintenance & Contracts 1,550,424 1,223,928 326,496 1,850,198 45,900 1,896,098
Capital Outlay 1,383,388 892,592 490,796 1,055,000 490,796 1,545,796
Total Expenditures 4,075,553 3,140,819 934,734 4,130,132 536,696 4,666,828
Revenue Over (Under) Expenditures (165,545) 433,193 598,738 (93,724) (536,696) (630,420)
Beginning Fund Balance 2,284,412 2,284,412 2,118,867 2,717,605
Ending Fund Balance 2,118,867$ 2,717,605$ 2,025,143$ 2,087,185$
(Unaudited)
2021 2021 Favorable/ 2022
Amended Actual (Unfavorable) Budget
Revenue
Town of Vail Interagency Charge - Premiums 4,600,000$ 4,600,000$ -$ 4,748,921$
Employee Contributions 897,000 867,788 (29,212) 963,081
Insurer Proceeds 20,000 33,725 13,725 30,000
Earnings on Investments 35,000 2,760 (32,240) 35,000
Total Revenue 5,552,000 5,504,273 (47,727) 5,777,002
Expenditures
Health Insurance Premiums 1,470,142 1,382,167 87,975 1,838,004
HC Reform Fee -
Claims Paid 4,482,453 3,674,987 807,466 4,529,721
Wellness 75,000 51,720 23,280 78,000
Professional Fees 43,328 45,855 (2,527) 58,820
Total Expenditures 6,070,923 5,154,728 916,195 6,504,545
Revenue Over (Under) Expenditures (518,923) 349,544 (963,922) (727,543)
Beginning Fund Balance 4,216,989 4,216,989 4,566,533
Ending Fund Balance 3,698,066$ 4,566,533$ 3,838,990$
HEALTH INSURANCE FUND
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
HEAVY EQUIPMENT FUND
TOWN OF VAIL 2022 BUDGET
20
April 5, 2022 - Page 279 of 284
(Unaudited)
2021 2021 Under/(Over) 2022 1st 2022
Amended Actual Budget Budget Supplemental Amended
Revenue
E911 Board Revenue 874,606$ 874,606$ -$ 956,272$ 956,272$
Interagency Charges 1,224,336 1,224,136 (200) 1,298,899 1,298,899
Other State Revenues 43,252 73,817 30,565 - -
Other County Revenues 311,980 284,097 (27,883) - 10,506 10,506
Town of Vail Interagency Charge 616,306 616,306 - 652,938 652,938
Earnings on Investments and Other 5,000 1,194 3,806 2,000 2,000
Total Revenue 3,075,480 3,074,156 6,289 2,910,109 10,506 2,920,615
Expenditures
Salaries & Benefits 2,358,949 2,194,224 164,726 2,376,337 2,376,337
Operating, Maintenance & Contracts 650,102 443,290 206,812 555,065 555,065
Capital Outlay 648,268 634,859 13,409 20,174 10,506 30,680
Total Expenditures 3,657,319 3,272,373 384,946 2,951,576 10,506 2,962,082
Revenue Over (Under) Expenditures (581,839) (198,217) 383,622 (41,467) - (41,467)
Transfer In from General Fund 171,945 171,945 - - -
Beginning Fund Balance 1,863,233 1,863,233 1,453,340 1,665,016
Ending Fund Balance 1,453,339$ 1,665,016$ 1,411,873$ 1,623,549$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE
DISPATCH SERVICES FUND
21
April 5, 2022 - Page 280 of 284
(Unaudited)
2021 2021 Favorable/ 2022 1st 2022
Amended Actual (Unfavorable) Budget Supplemental Amended
Revenue
Investment Earnings -$ 261$ 261$ -$ -$ -$
Total Revenue - 261 261 - - -
Expenses
Capital Outlay 3,353,400 1,819,351 1,534,049 - 28,116,258 28,116,258
Total Expenditures 3,353,400 1,819,351 1,534,049 - 28,116,258 28,116,258
Revenue Over Expenses (3,353,400) (1,819,091) 1,534,309 - (28,116,258) (28,116,258)
Other Financing Sources (Uses)
Debt Proceeds 22,260,000 22,260,000 - - - -
Premium on Debt Issuance 3,076,530 3,076,530 (1) - - -
Original Issuance Discount (56,300) (56,300) - - - -
Debt Issuance Cost (280,230) (265,507) 14,723 - - -
Fiscal Agent fees (2,800) (3,000) (200) - - -
Principal Repayment - - - (315,000) - (315,000)
Interest Expense (83,181) - 83,181 (905,578) - (905,578)
Transfer from Capital Projects Fund - - - - 6,144,204 6,144,204
Total Other Financing Sources (Uses)24,914,019 25,011,723 97,704 (1,220,578) 6,144,204 4,923,626
Change in Net Position 21,560,619 23,192,632 1,632,013 (1,220,578) (21,972,054) (23,192,632)
Net Position- Beginning - - 21,560,619 23,192,632
Net Position- Ending 21,560,619$ 23,192,632$ 20,340,041$ -$
TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET
SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE
RESIDENCES AT MAIN VAIL
22
April 5, 2022 - Page 281 of 284
Ordinance No. 3, Series of 2022
ORDINANCE NO. 3
SERIES OF 2022
AN ORDINANCE MAKING BUDGET ADJUSTMENTS TO THE TOWN OF VAIL GENERAL
FUND, CAPITAL PROJECTS FUND, REAL ESTATE TRANSFER TAX FUND, HOUSING
FUND, MARKETING FUND, HEAVY EQUIPMENT FUND, DISPATCH SERVICES FUND, AND
RESIDENCES AT MAIN VAIL FUND OF THE 2022 BUDGET FOR THE TOWN OF VAIL,
COLORADO; AND AUTHORIZING THE SAID ADJUSTMENTS AS SET FORTH HEREIN;
AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, contingencies have arisen during the fiscal year 2022 which could not have
been reasonably foreseen or anticipated by the Town Council at the time it enacted Ordinance No.
21, Series of 2021, adopting the 2022 Budget and Financial Plan for the Town of Vail, Colorado;
and,
WHEREAS, the Town Manager has certified to the Town Council that sufficient funds are
available to discharge the appropriations referred to herein, not otherwise reflected in the Budget, in
accordance with Section 9.10(a) of the Charter of the Town of Vail; and,
WHEREAS, in order to accomplish the foregoing, the Town Council finds that it should make
certain budget adjustments as set forth herein.
NOW, THEREFORE, BE IT ORDAINED, BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO that:
1. Pursuant to Section 9.10(a) of the Charter of the Town of Vail, Colorado, the Town
Council hereby makes the following budget adjustments for the 2022 Budget and Financial Plan for
the Town of Vail, Colorado, and authorizes the following budget adjustments:
General Fund $ 2,854,937
Capital Projects Fund 30,692,775
Real Estate Transfer Tax Fund 6,862,751
Housing Fund 6,774,943
Marketing Fund 78,985
Heavy Equipment Fund 536,696
Dispatch Services Fund 10,506
Residences at Main Vail Fund 28,116,258
Interfund Transfers (7,490,689)
Total $ 68,437,162
2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portions of this
April 5, 2022 - Page 282 of 284
Ordinance No. 3, Series of 2022
ordinance; and the Town Council hereby declares it would have passed this ordinance, and each
part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or
more parts, sections, subsections, sentences, clauses or phrases be declared invalid.
3. The Town Council hereby finds, determines, and declares that this ordinance is
necessary and proper for the health, safety, and welfare of the Town of Vail and the inhabitants
thereof.
4. The repeal or the repeal and reenactment of any provision of the Municipal Code of
the Town of Vail as provided in this ordinance shall not affect any right which has accrued, any duty
imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced,
nor any other action or proceedings as commenced under or by virtue of the provision repealed or
repealed and reenacted. The repeal of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent
herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed
to revise any bylaw, order, resolution, or ordinance, or part thereof, theretofore repealed.
INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON
FIRST READING this 15th day of March 2022, and a public hearing shall be held on this Ordinance
on the 5th day of April, 2022, at the regular meeting of the Town Council of the Town of Vail,
Colorado, in the Municipal Building of the town.
_______________________________
Kim Langmaid, Mayor
ATTEST:
___________________________
Tammy Nagel, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED IN FULL this
5th day of April 2022.
____________________________
Kim Langmaid, Mayor
ATTEST:
________________________________
Tammy Nagel, Town Clerk
April 5, 2022 - Page 283 of 284
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 9:35 pm (estimate)
April 5, 2022 - Page 284 of 284