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HomeMy WebLinkAbout2022-07-19 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, July 19, 2022 Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 1.1.Citizen Participation 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.J une 7, 2022 Meeting Minutes 3.2.J une 21, 2022 Meeting Minutes 3.3.Contract Award to American Mechanical Systems to install three new Vail Village Snowmelt Boilers Background: The purpose of this item is to provide background regarding the opportunity to receive three new boilers for which the town would be responsible for installation and to award a contract for the installation of the three new boilers at Vail Village snowmelt boiler system. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with American Mechanical Systems for the installation of three boilers at the Vail Village boiler plant, in the amount of, and not to exceed, $ 218,000. 4.Town Manager Report (10 min.) 4.1.Town Manager Search Dates 5.Presentations / Discussion 5.1.Loading and Delivery Presentation 30 min. Presenter(s): Commander Ryan Kenney, Vail Police Department July 19, 2022 - Page 1 of 141 Action Requested of Council: Listen to presentation, provide feedback, and authorize critical infrastructure equipment to ensure the success of the Loading and Delivery Program October start date. Background: Staff would like to take steps to codify the Town’s E-Vail Courier delivery pilot program and transition its full implementation, as recommended by the Loading and Delivery W ork Group. This includes its funding, and updates to regulations related to dismount zones and the pedestrian mall. 6.Action Items 6.1.Ordinance No. 13, Series of 2022, First Reading, An Ordinance Amending Chapter 3A of Title 7 of the Vail Town Code, Concerning Towing and I mpoundment of Vehicles 15 min. Presenter(s): Ryan Kenney, Commander Police Department Action Requested of Council: Approve, approve with amendments or deny First Reading of Ordinance 13, Series of 2022. Background: Ordinance No. 13, Series of 2022 amends the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. Staff Recommendation: Approve, approve with amendments or deny First Reading of Ordinance 13, Series of 2022. 7.Public Hearings 7.1.Ordinance No. 4, Series of 2022, First Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort 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 J une 21, 2022, the revised application heard previously by the P E C on May 9, 2022, was presented to the Vail Town Council. I n continuing the item to the J uly 19, 2022, public hearing, Town Council members provided direction to the applicant team that an increase in tangible public benefit above what was proposed was necessary. The applicant has returned with a revised proposal as outlined in the staff memorandum and related attachements. 7.2.Ordinance No. 14, Series of 2022, Second Reading, Budget Supplemental No. 2, an ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Dispatch Services Fund, Heavy Equipment Fund, and Residences at Main Vail Fund of the 2022 Budget for the Town of Vail. 10 min. Presenter(s): Carlie Smith, Deputy Director of Finance Action Requested of Council: Approve, approve with amendments, or deny Ordinance No. 14, Series 2022. Background: Please see attached memorandum. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No. 14, Series 2022. 8.Adjournment July 19, 2022 - Page 2 of 141 8.1.Adjournment 7:50 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. July 19, 2022 - Page 3 of 141 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Citizen P articipation AT TAC H ME N TS: Description Citizen Participation July 19, 2022 - Page 4 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Creative & Cultural Collective Meeting Date:Monday, July 18, 2022 3:10:33 PM Attachments:Vail Background (003).docx.pdf Vail Cultural Alliance (002).docx (2).pdf image002.png image003.png image004.png image005.png image007.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Suzanne Silverthorn <SSilverthorn@vailgov.com> Sent: Monday, July 18, 2022 10:00 AM To: Tammy Nagel <TNagel@vailgov.com> Subject: FW: Creative & Cultural Collective Meeting Suzanne Silverthorn, APR Communications Director July 19, 2022 - Page 5 of 141 75 S. Frontage Road W. Vail, CO 81657 970.471.1361 cell 970.479.2115 office From: Ramsey Cotter <ramsey@jcottergallery.com> Sent: Thursday, July 14, 2022 2:35 PM To: Elaine Kelton <elaine@thekeltongroup.com> Cc: Mia Vlaar <MVlaar@vailgov.com>; hannahr@walkingmountains.org; Molly Eppard <MEppard@vailgov.com>; Cathy Ritter <betterdestinations@gmail.com>; goates@nextfactorinc.com; Lori Ann Barnes <LBarnes@vailgov.com>; Rebecca Zweig <rzweig@vailsymposium.org>; jen@snowsportsmuseum.org; Kris Sabel <ksabel@vailsymposium.org>; Nicola Ripley <nicola@bettyfordalpinegardens.org>; CMurray@bravovail.org; Beth Slifer <beths@sliferdesigns.com>; Beth Markham <BMarkham@vailgov.com>; Suzanne Silverthorn <SSilverthorn@vailgov.com>; amanda@vailjazz.org; Sarah Johnson <sjohnson@vvf.org>; mimhof@vvf.org; vailvalleyacademyofdance@gmail.com; annah@vpaa.org; markianf@walkingmountains.org; sean@vailfilmfestival.org Subject: Re: Creative & Cultural Collective Meeting Hello Everyone! Our letter to the town has officially been sent!!! I am attaching those official documents to this email. Beth has asked me to send this along as well as remind everyone of the July 19th meeting in Town Hall. The time has been officially confirmed for 1:00pm. I will also send a calendar invite so we get all the reminders(: I have added a few new emails and names to our potential member list, however please feel free to pass this along to anyone who wants to support our cause and show up with us on the 19th. I will also attach here our running contact list in case you would like to add them to our permanent correspondence list. https://docs.google.com/spreadsheets/d/1SfdfXjhNy3DH9F-9hBDZEigfZodfUVtA/edit? usp=sharing&ouid=104111353868646149330&rtpof=true&sd=true July 19, 2022 - Page 6 of 141 Thank you all so much!!! This is such an exciting time for our town and I am honored to be working with all of you...(: Best, Ramsey On Fri, Jul 8, 2022 at 7:34 PM Elaine Kelton <elaine@thekeltongroup.com> wrote: My apologies for. It being able to attend. Exciting group. Beth Slifer's summary is an outstanding starting point referencing each of the cultural starting points. Many thanks. I look forward to the next meeting. Elaine Sent from my iPhone On Jul 8, 2022, at 11:53 AM, Mia Vlaar <MVlaar@vailgov.com> wrote:  Thank you Ramsey, what a wonderful group! Couple more possibilities here: https://www.vailvalleypartnership.com/business/vail-childrens-choir/ - I’m not familiar with the Vail Children’s Choir but they have a Vail address. Vpaa.org Vail Performing Arts Academy Annah Scully annah@vpaa.org https://vailvalleyacademyofdance.net/ vailvalleyacademyofdance@gmail.com Porchlight Players https://www.porchlightplayers.com/ Porchlightplayers@gmail.com Mia Vlaar Economic Development Director Town of Vail O 970.479.2454 M 970.376.3811 From: Ramsey Cotter <ramsey@jcottergallery.com> Date: Thursday, July 7, 2022 at 5:41 PM To: hannahr@walkingmountains.org <hannahr@walkingmountains.org>, Molly July 19, 2022 - Page 7 of 141 Eppard <MEppard@vailgov.com>, Cathy Ritter <betterdestinations@gmail.com>, elaine@thekeltongroup.com <elaine@thekeltongroup.com>, goates@nextfactorinc.com <goates@nextfactorinc.com>, Lori Ann Barnes <LBarnes@vailgov.com>, Mia Vlaar <MVlaar@vailgov.com>, Rebecca Zweig <rzweig@vailsymposium.org>, jen@snowsportsmuseum.org <jen@snowsportsmuseum.org>, Kris Sabel <ksabel@vailsymposium.org>, Nicola Ripley <nicola@bettyfordalpinegardens.org>, cmurray@bravovail.org <cmurray@bravovail.org>, Beth Slifer <beths@sliferdesigns.com>, Beth Markham <BMarkham@vailgov.com>, Suzanne Silverthorn <SSilverthorn@vailgov.com>, amanda@vailjazz.org <amanda@vailjazz.org> Subject: Creative & Cultural Collective Meeting Hello Everyone, I just wanted to update our mailing list. If you see someone that isn't on the list that you think could be a good addition, please let me know and I will add them to the list...(: In addition if you are on this list but have not yet been introduced to the Adhoc group, we have included you because you were pointed out as someone whose contribution would be very valuable. We are uniting to lobby for a civic center that supports all of our needs under one united roof. I am attaching Beth's original notes to this email as well as Beth Markhams notes from today. Please review and make sure to add any additional changes to your programs descriptions and get them to Beth so she can compose a document that we plan to send to the town council. Also we are awaiting a time from Jen and I will keep you all posted on this, but let's do what we can to show up together to the Town Council Meeting on the 19th to represent our collective voice on this(: Best, Ramsey Cotter 970.390.5705 Link to Civic Area Plan from Suzanne Silverthorne: https://www.vailgov.com/home/showpublisheddocument/1866/637578045882000 000 July 19, 2022 - Page 8 of 141 July 15, 2022 Vail Town Council, As an outgrowth of a Destination Stewardship focus group discussion, and in response to the urgent needs of more than a dozen cultural organizations for adequate facilities, we, the undersigned, have created an Alliance to bring a message of unity and collaboration to the Town Council and community. In recognition of the mutual value of joining forces, this Cultural Alliance can become a powerful marketing tool for the Town of Vail and a united voice contributing to the quality of life for residents and visitors. By “bundling” our assets and identifying our joint needs, we can maximize our impact. It is clear to this group of cultural providers that a variety of physical spaces are needed to meet current and future demand. We believe the Vail Community is at a crossroads to determine our future and ranking among mountain resorts. The residents hold dear the spirit of Vail Pioneers and their dedication to community and excellence. The Vail Civic area is a golden opportunity to continue that drive for improvement and excellence. The Civic Area Plan has become outdated and is undergoing re-evaluation. The Cultural Alliance would like to work with the Town of Vail to identify and support assets that will serve the Vail residents and visitors for the next 60 years and beyond. July 19, 2022 - Page 9 of 141 The Cultural Alliance volunteers to conduct a survey to quantify actual current demand and projected demand for these organizations to expand their offerings. Currently all members of the Alliance are constricted by lack of available space within the town. One thing that is clear is that the demand for year-around spaces for cultural activities exceeds availability in the Town of Vail and, indeed, in the Vail Valley. At a minimum Vail needs indoor spaces for performances and social events to accommodate 300-750 participants. Multiple performing arts lack indoor auditoriums and/or lecture halls for productions as diverse as The Vail Symposium, Bravo! Vail, Vail Jazz, Vail Performing Arts and The Vail Valley Dance Academy. There is demand also for conference rooms for 20-50 participants for nonprofit board and volunteer committee meetings. The Alliance envisions a technologically advanced and environmentally sensitive building(s) that becomes a part of the iconic landmarks of Vail. The Cultural complex would be home to continuous year-round cultural events for the benefit of residents and visitors. It could be programmed for nonprofit and for-profit activities. In addition, there could be small and large spaces, indoors and outdoors, to be rented for social events and weddings. Ideally the Cultural Center would encompass display spaces for archival materials about the history of Vail as well as paintings, sculptures and contemporary art installations donated to the community. By having a structural focus for our cultural activities, Vail will have the opportunity to market its outstanding cultural experiences which collectively exceed those of any other mountain resort. July 19, 2022 - Page 10 of 141 It is not our intention to negate the need for a sports facility on the Civic Arena Site. That is a separate evaluation. With a “state of the art” facility, Vail can expand its cultural footprint and enhance the quality of life in Vail. By “bundling” and expanding Vail’s offerings, we will continue the Vail tradition of excellence. The Civic Center Plan gives us a great opportunity to move forward. It is the right time to assert ourselves and re-establish our unique community as the premier home for winter and summer sports, culture, and the arts. We, the undersigned, attest to the need for a Vail Cultural Center and agree to collaborate in our support for a Vail Cultural Complex. Betty Ford Alpine Gardens Nicola Ripley Bravo! Vail Caitlin Murray Vail Dance Festival Mike Imhof Vail Cultural Heritage Committee Ramsey Cotter Vail Jazz Amanda Blevins Vail Nature Center Markian Feduschak Vail Public Library Lori Barnes Colorado Snowsports Museum Jen Mason Vail Symposium Kris Sabel July 19, 2022 - Page 11 of 141 In addition to the above organizations, Art in Public Places, Vail Valley Academy of Dance, Vail Performing Arts Academy, Vail Film Festival, among others are in need of a unified space. Meeting space for all local organizations is also in short supply. July 19, 2022 - Page 12 of 141 SUBJECT: Background Data Points for Vail Cultural Activities Benefits to the community of Arts & Culture include: Builds pride in the community Enriches lives of residents and visitors Contributes to brand and marketing identity Cultural Events contribute to the creative economy which is essential for a vibrant overall economy. Cultural organizations in Vail include Art in Public Places, Colorado Snowsports Museum, Bravo! Vail, Vail Dance Festival, Vail Jazz, Betty Ford Alpine Gardens, Vail Symposium, Vail Public Library, Vail Farmers’ Market & Art Show, numerous thriving art galleries, and a variety of concerts programmed by Vail Valley Foundation and others. Vail has significant iconic landmarks such as The Covered Bridge, Vail Interfaith Chapel, The Bell Tower, Betty Ford Alpine Gardens. Vail has two vibrant Villages full of retail and excellent restaurants. Vail has a magnificent mountain for Winter, Summer and Fall activities and enjoyment. Bravo! Vail’s economic impact is third only to the ski mountain and Vail Health. Bravo! hosts 3 major symphonies and 1 major chamber orchestra over 6-7 weeks, plus music education programs. Bravo!’s economic impact was $13 million with 42,000 attendees in 2021. Vail Dance Festival has economic impact of $12 million over a 2–3-week period under the direction of world-renowned Artistic Director Damion Woetzel. 1 July 19, 2022 - Page 13 of 141 Vail Symposium has 54 programs per year with average attendance between 100 – 280 residents and visitors. Colorado Snowsports Museum has nearly 100,000 visitors per year and represents all of Colorado’s ski communities Vail Public Library experiences (before Covid) 125,000 visitors per year. The library sits on 2.7 acres. The current footprint is 18,000sf. There is potential for expansion including a second level for a museum of local history and visual arts. With appropriate spaces, more archival materials and visual arts could be donated. Betty Ford Alpine Gardens has more than 120,000 visitors per year, a volunteer team of 50 gardeners, plant conservation and educational programs for residents and visitors. Vail hosts untold numbers of weddings and social celebrations per year and lacks facilities sufficient to meet the demand. Vail needs venues year-round that capture the unique beauty of the outdoors. Vail needs large views of the magnificent mountains and Gore Creek from outdoor and indoor facilities. Vail needs roof top facilities for social and civic events. Cultural centers are often multi-purpose. A recent example is the Cultural Center in San Miguel de Allende, Vail’s Sister City in Mexico. The Performing Arts Theater in Charleston, S.C. houses the city’s Planning and Permit Department to remind developers of the creativity and excellence the city expects of new construction. Vail lacks adequate indoor and outdoor facilities to support its many outstanding cultural activities. 2 July 19, 2022 - Page 14 of 141 With appropriate facilities Vail’s cultural assets will become part of the Vail Brand for indoor and outdoor offerings unsurpassed by any other mountain resort. Vail will be the “whole package!” Vail can sustain its environment and natural beauty while expanding its cultural assets. The combination will protect our treasured quality of life. Summary of Vail’s Amenities & Assets Whereas, Vail has year-round assets: Outdoor: Ski Mountain, Gerald R. Ford Amphitheater Economic: Vail Health, Alpine Villages, Bravo!, Dance Festival, Farmers’ Market, Betty Ford Alpine Botanic Gardens Cultural: Art in Public Places, diverse music (Hot Summer Nights, Bravo!, Jazz), Vail Symposium, Ski Museum, Vail Public Library, iconic buildings, Vail Dance Festival, etc. Whereas, Vail has opportunities to develop the Civic Center to include year-round spaces for: Performing Arts, Visual Arts, Ice Rink, Government Offices, Indoor & Outdoor events. Whereas, Vail has successful cultural events and organizations which need quality spaces. Whereas Vail has an amazing collection of successful cultural assets that could collaborate and join forces for creating facilities needed 3 July 19, 2022 - Page 15 of 141 to continue the town’s evolution as a home for excellence and superior quality of life for residents and visitors. Whereas, Vail has several significant economic engines: Vail Mountain, Vail Health, Performing Arts, Farmers’ Market, two Alpine Villages, four-and five-star hotels and lodges, outstanding restaurants. Whereas, Vail has several iconic buildings and structures: Vail Interfaith Chapel, Gerald Ford Amphitheater, Alpine Botanic Gardens, Covered Bridge, Clock Tower, Art in Public Places. Whereas, Vail has a Huge Development Opportunity at the Civic Center i.e., Top of the Library, Dobson Ice Arena, space between Lionshead Parking Structure and Dobson, existing Town Government offices. Whereas, Vail has enormous borrowing power plus the potential to sell Government Offices site to help finance a state of the art/world class multi-purpose cultural complex. Whereas, Vail has existing demand for indoor and outdoor facilities of high aesthetic quality and excellent technological capabilities. Whereas, Vail would benefit from a multi-purpose complex that includes spaces for events, performing arts, visual arts, and government offices. Whereas, Vail has national and international reputation for excellence and needs excellent facilities to continue its world class tradition. 4 July 19, 2022 - Page 16 of 141 Whereas, Vail could host a world class architectural competition with a 4-6 month time limit and a $250,000 grand prize for best conceptual drawings. Whereas, Vail could excite and inspire the community to embrace its cultural assets and build a home for them. Whereas, Vail has many philanthropic residents and fans who would contribute dollars for naming rights. Whereas, Vail Town Council could vote to move forward with cultural facilities for the benefit of the community based on existing data, previous studies, personal experiences and financial resources. Whereas, Vail could realize its vision of being a Premier, World Class, Year-Round, International Mountain Resort Community by taking action to provide the foundation for a thriving Cultural Collaborative. 5 July 19, 2022 - Page 17 of 141 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J une 7, 2022 Meeting Minutes AT TAC H ME N TS: Description June 7 T C Meeting Minutes July 19, 2022 - Page 18 of 141 Town Council Meeting Minutes of June 7, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, June 7, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Staff members present: Stan Zemler, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Sarah Franke, Vail Valley Foundation, reminded everyone the GoPro Mountain Games were this week and it was the 20th anniversary of event. Ronda Helton and Caitlyn Murray, Bravo!Vail, invited everyone to take part in 35th season of the Bravo!Vail Music Festival which began June 23. 2. Any action as a result of executive session Mason made a motion to authorize the Town Manager to send correspondence to Vail Resorts regarding the East Vail Booth Heights parcel; Staufer seconded the motion passed (7-0). 3. Appointments for Boards and Commissions 3.1. Vail Local Housing Authority Appointment (VLHA) Presenter(s): Kim Langmaid, Mayor Staff Recommendation: Appoint one member to the Vail Local Housing Authority for a partial term ending May 31, 2026. Davis made a motion to appoint Dan Godec to serve a partial term ending May 31, 2026 on the Vail Local Housing Authority; Mason seconded the motion passed (7-0). 4. Consent Agenda July 19, 2022 - Page 19 of 141 Town Council Meeting Minutes of June 7, 2022 Page 2 4.1. Resolution No. 28, Series of 2022, A Resolution Adopting the Town of Vail Permit and Inspection Fee Scheduled as Maintained by the Community Development Department Background: The Community Development Department is tasked with reviewing and issuing building construction permits and maintaining the Town’s Permit and Inspection Fee Schedule. The previous Permit and Inspection Fee Schedule was approved within the code adoption ordinance and not as a resolution. The only change to Town Permit and Inspection Fee Schedule is to correctly align each permit fee increment that was found to be incorrect, and to clean up language within the schedule. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 28, Series of 2022. Foley made a motion to approve Resolution No. 28, Series of 2022; Staufer seconded the motion passed (7-0). 4.2. Resolution No. 32, Series of 2022, A Resolution Approving a First Amendment to Employment Agreement between the Town of Vail and Stan Zemler Background: On April 19, 2022 the Town of Vail entered into an employment agreement whereby the Town employed the services of Stan Zemler as the Interim Town Manager as allowed by the Town Charter and wish to amend the agreement. Staff Recommendation: Approve, approve with amendments or deny Resolution 32, Series of 2022. Davis made a motion to approve Resolution No. 32, Series of 2022; Mason seconded the motion passed (7-0). 4.3. Contract Award to Hallmark Inc. for Donovan Park Pedestrian Bridge Deck Rehabilitation Background: Staff received 3 bids for the Donovan Park Pedestrian Bridge Deck Rehabilitation Project from Hallmark, Inc., Kraemer North America and ABCO Contracting with Hallmark the apparent low responsible bidder. The project is budgeted with the recreation paths and trails RETT budget and is within budget. The existing pedestrian bridge over the Gore Creek is located on the south end of Donovan Park and adjacent to the Matterhorn Circle vehicular bridge over Gore Creek connecting the neighborhood to the south to the park. The existing bridge deck has significant spalling and will continue to get worse with each freeze/thaw cycle. Work includes removal of the existing bridge deck and installation of a new concrete bridge deck. The project is scheduled to be completed by September 2, 2022. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hallmark, Inc to complete the Donovan Park Pedestrian Bridge Deck Rehabilitation Project in the amount not to exceed $123,453.50. Mason made a motion to authorize the Town Manager to enter into an agreement with Hallmark Inc in the amount not to exceed $123,453.50; Davis seconded the motion passed (7-0). July 19, 2022 - Page 20 of 141 Town Council Meeting Minutes of June 7, 2022 Page 3 5. Town Manager Report 5.1. Update on Temporary Structures Zemler provided an update on temporary structures at Mountain Standard, Moe’s, and the Little Diner and received Town Council approval to extend the temporary use until Aug. 31 to allow property owners to go through town review process. Zemler also thanked Patty McKenny for her loyal commitment to the town for the last eight years while serving as town clerk and assistant town manager. Zemler wished her well on her new position with the Town of Avon. 6. Action Items 6.1. Ordinance No. 4, Series of 2022, First Reading, An Ordinance Amending 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 Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: Table this item to the June 21, 2022 meeting to allow time for the applicant and staff to coordinate on potential revisions to Ordinance No. 4, Series of 2022. Background: On May 9, 2022, a revised application that proposed to relocate the onsite housing to locations both within the Town of Vail and the adjacent Eagle-Vail community. A portion of the obligation was proposed to be satisfied through the purchase of seven (7) deed restrictions (2-bedroom units) in an existing multifamily building located in Eagle-Vail. The remainder of the obligation is proposed to be met through in-town deed restrictions. Following the applicant’s presentation and a lengthy discussion, the commission voted 4-1 (Lipnick opposed) to forward a recommendation of denial to the Town Council for the revised application. Staff Recommendation: Table this item to the June 21, 2022 meeting to allow time for the applicant and staff to coordinate on potential revisions to Ordinance No. 4, Series of 2022. Davis made a motion to table Ordinance No. 4, Series of 2022 to the June 21st Town Council meeting pursuant to the Applicants request; Mason seconded the motion passed (7-0). 7. Public Hearings 7.1. Ordinance No. 7, Series of 2022, Second Reading, an Ordinance Amending Title 12 and Title 14 of the Vail Town Code to Amend the Regulations for Building Design and Landscaping in the Wildland Urban Interface to Reduce the Risk of Wildfire Presenter(s): Paul Cada, Wildland Fire and Greg Roy, Senior Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 7, Series of 2022, upon second reading. Background: The Planning and Environmental Commission (PEC) heard this application on February 14th, 2022. The PEC had concerns on removing the minimum 500 square feet July 19, 2022 - Page 21 of 141 Town Council Meeting Minutes of June 7, 2022 Page 4 exemption and voted (7-0) to recommend approval with the condition that the exemption relating to additions under 500 square feet in Section 12-11-3 remain. At the May 3rd Town Council meeting, during the review of the building code update, Council indicated they were in support of removing this exemption and the Ordinance has been amended accordingly. Staff Recommendation: Approve, approve with modifications, or deny Ordinance No. 7, Series of 2022, upon second reading. Cada reviewed Ordinance No. 7, Series of 2022 with council stating there were no changes since the first reading. There was no public comment. Council had no questions. Davis made a motion to approve Ordinance No. 7, 2022 upon second reading; Mason seconded the motion passed (7-0). 7.2. Ordinance No. 11, Series of 2022, Second Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update Short-Term Rental Regulations and License Requirements Presenter(s): Kathleen Halloran, Director of Finance and Alex Jakubiec, Revenue Manager Action Requested of Council: Approve, approve with amendments or deny second reading of Ordinance No. 11, Series 2022. Background: Based on feedback received during the short-term rental (STR) study presented at Vail Town Council meetings the attached Ordinance No. 11, Series 2022 was drafted to address the evolving concerns of STR regulation in Vail. The recommended updates to existing regulations include requirements for fire safety inspections, proof of adequate insurance, a flat fee of $150 to cover Town administrative costs and increases to the fines and penalties for violations. During the first reading, Council struck a provision for an additional per-bedroom fee to offset impacts to local housing. The code amendments in the Ordinance have an effective date of January 1st, 2023 and current registrants would be required to comply with the new licensing requirements by the next renewal date in the licensing cycle - February 28th, 2023. Staff Recommendation: Approve, approve with amendments or deny second reading of Ordinance No. 11, Series 2022. Jakubiec began by reviewing the changes made to Ordinance No. 11, Series of 2022 since the first reading with council such as:  Removal of a per-bedroom fee and  Included an effective date of January 1, 2023.  Amendment in the violations section that STR infractions that occurred prior to the effective date would be cumulative toward penalties under the new ordinance.  Increased violation penalties • First violation: $1500 • Second violation: $2650 • Third violation: License revoked for 3 years July 19, 2022 - Page 22 of 141 Town Council Meeting Minutes of June 7, 2022 Page 5  Requirement of Fire Dept. inspections • a periodic inspection of all short-term rental units not located in buildings with on site, 24/7 management. • requiring proof of inspection every three years • Fire extinguishers • Adequacy of egress (exits) • Egress plan is posted • Carbon monoxide detectors • Smoke alarms • Occupant load • Improvised electrical conditions and use of extension cords • Use of portable heating appliances • Outdoor heating appliances • Physical address including unit # is provided in a conspicuous manner  Proof of insurance covering STR activity or equivalent coverage • requiring proof of a minimum $1M insurance coverage as a condition of licensure to not only mitigate impacts to STR owners but also to protect neighboring property owners who may incur claims due to the STR activity they are not engaged in nor required to consent to.  $150 License fee covering TOV costs of the program. Public comment was called. Todd Mossa, general manager of Wren, expressed concern about fee structure outlined in Ord. 11, saying it would cost his property $10,000 more in short-term rental license fees annually. Andy LaBolle, East West Hospitality Director of Operations, suggested Ord. 11 be modified with discounted per unit license fees for professionally managed properties. Public comment was called. Council questioned if the companies like VRB have insurance that would cover STR incidents. Jakubiec stated the extra insurance requirement was added because most property value is Vail is above the $1M threshold. Council asked to make the hotline available to people in the neighborhoods. There was a suggestion to have some type of signage that would display on the outside of the STR showing name of the property manager, license number, and contact phone number and the hotline phone number. Council was comfortable with most of the proposed changes to the ordinance but questioned the fee schedule. Council members expressed support for a separate fee schedule for STR’s that have an onsite 24-hour management team v. a fee schedule for the individual homeowner. Foley made a motion to table Ordinance No. 11, Series of 2022 to the June 21, 2022 Town Council meeting to further investigate fees for STR’s that are professionally managed and signage for public usage; Staufer seconded the motion passed (7-0). July 19, 2022 - Page 23 of 141 Town Council Meeting Minutes of June 7, 2022 Page 6 There being no further business to come before the council, Foley moved to adjourn the meeting; Davis seconded the motion which passed (7-0) and the meeting adjourned at 6:53 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 24 of 141 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J une 21, 2022 Meeting Minutes AT TAC H ME N TS: Description June 21, 2022 TC Meeting Minutes July 19, 2022 - Page 25 of 141 Town Council Meeting Minutes of June 21, 2022 Page 1 Vail Town Council Meeting Minutes Tuesday, June 21, 2022 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Langmaid. Members present: Kim Langmaid, Mayor Travis Coggin, Mayor Pro Tem Barry Davis Kevin Foley Jenn Mason Pete Seibert Jonathan Staufer Staff members present: Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Julie Sutor introduced herself as a staff member from the office of Congressman Joe Neguse. Sutor said the congressman had opened a satellite office in the mountains. Robyn Smith, Vail resident, expressed concerns regarding the conflict between preserving habitat for the East Vail bighorn sheep herd and the need for housing. 2. Any action as a result of executive session Mason made a motion to direct the town attorney to draft a ballot question for the November election asking voters to allow the town to retain any excess sales tax collected during the first year of enactment of the voter-approved sales tax for housing for council’s consideration at the July 5 meeting; Davis seconded the motion passed (7-0). 3. Consent Agenda 3.1. May 3, 2022 Town Council Meeting Minutes Foley made a motion to approve the May 3, 2022, meeting minutes; Coggin seconded the motion passed (7-0). 3.2. May 17, 2022 Town Council Meeting Minutes Davis made a motion to approve the May 17, 2022, meeting minutes; Coggin seconded the motion passed (7-0). 3.3. Resolution No. 33, Series of 2022, A Resolution Approving the Purchase of the Residential Property Known as Vail Heights, Unit 11 Phase III 2059 Chamonix Lane, Vail Colorado 81657 July 19, 2022 - Page 26 of 141 Town Council Meeting Minutes of June 21, 2022 Page 2 Action Requested of Council: Approve, approve with amendments or deny Resolution No. 33, Series Background: Town wishes to purchase Vail Heights Unit 11 2059 Chamonix Lane for employee housing. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 33, Series of 2022 Coggin made a motion to approve Resolution No. 33, Series of 2022; Staufer seconded the motion passed (7-0). 4. Presentations / Discussion 4.1. Colorado Department of Transportation I-70 West Vail Pass Project Update Presenter(s): Karen Berdoulay, CDOT Eagle Resident Engineer Action Requested of Council: Listen to the presentation and provide feedback. Background: The West Vail Pass Project is a project which began last year and will continue through 2025. CDOT will provide an update regarding the work scheduled for this year as well as future years. Berdoulay presented an overview of the I-70 West Vail Pass Project, including benefits and construction impacts. The work began last year and would continue through 2025. Berdoulay encouraged citizens to visit CDOTS webpage for more information concerning the construction impacts. Langmaid inquired if wildlife crossings were being considered in areas on Vail Pass. Berdoulay shared the crossings were being considered. Council thanked Berdoulay for her presentation. 4.2. Vail Mobility & Transportation Master Plan Update Presenter(s): Tom Kassmel, Town Engineer and Ann Bowers, Fehr & Peers Action Requested of Council: Listen to presentation and provide any feedback Background: The Town of Vail has awarded the Vail Mobility & Transportation Master Plan contract to Fehr & Peers. The purpose of today’s presentation is to introduce the consultant team and provide an overview of next steps. Staff Recommendation: Listen to presentation and provide any feedback Kassmel introduced the topic to council stating the existing Transportation Master Plan was 13 years old. The plan would update traffic, transit, and parking projections and provide implementation recommendations for each. The work would address expected growth in Vail, July 19, 2022 - Page 27 of 141 Town Council Meeting Minutes of June 21, 2022 Page 3 changing technology, multimodal focus, safe mobility for all ages and abilities, and continued success as a leader in active transportation. Bowers stated the plan would be developed over the next 18 months to two years and would include multiple public engagement opportunities beginning in July. Council had no questions and thanked staff and the consultant for their presentation. 5. Action Items 5.1. Dowd Junction Streambank Stabilization Project Contract Award Update Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with Whinnery Construction Inc. in the amount not to exceed $706,000 Background: The project contract was awarded in 2019, however it was delayed due to permitting and COVID. Since that time construction costs have increased 30%. Staff Recommendation: Authorize the Town Manager to enter into a new construction contract, in a form approved by the town attorney, with Whinnery Construction Inc. in the amount not to exceed $706,000 Kassmel provided council with some history stating the town publicly bid the Dowd Junction Streambank Stabilization Project in a joint effort with ERWSD in 2019 and awarded the contract to Whinnery Construction, Inc. The project did not start in 2019 due to permitting issues and was delayed until 2020. In 2019 the cost of the project award was $542,320.00. Kassmel explained Whinnery Construction was still interested in completing the project, however due to construction escalation over the past 3 years the projected cost is now $705,016.00, a 30% increase. Foley confirmed that Eagle River Water Sanitation District was still sharing the cost of the project. Kassmel said yes. Davis made a motion to authorize the Town Manager to enter into a new construction agreement with Whinnery Construction in an amount not to exceed$705,061.00; Mason seconded the motion passed (7-0). 5.2. Multimodal Transportation Mitigation Options Fund grant submittals Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Support, Deny or Modify the submittal of the two grant proposals and the associated future funding Background: The Town of Vail is planning on submitting for two Multimodal Transportation and Mitigation Options Fund grants with the state of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. July 19, 2022 - Page 28 of 141 Town Council Meeting Minutes of June 21, 2022 Page 4 Staff Recommendation: Support the submittal of the two grant proposals and the associated future funding Kassmel spoke to council about the two Multimodal Transportation and Mitigation Options Fund grans with the State of Colorado. The grant provides funding opportunities for multimodal and transit capital projects and greenhouse gas mitigation projects that decrease vehicle miles traveled. The grants would be used for two projects:  The Vail Intermodal/Mobility Hub Site Modernization and Expansion Design:  The project’s goal is to accommodate emerging technologies, like opportunity charging for electric buses/vehicles, and also increase capacity for buses and vehicles.  The cost of the project’s design is anticipated to be approximately $1.5M; funded 50% by the MMOF grant and 50% by the Town of Vail.  The Vail E-Courier Program Expansion:  This project is intended to fund the necessary capital improvements to expand the Vail E-Courier Loading and Delivery program. This would include additional electric vehicles and lifts, a walk-in cooler, and retractable bollards in critical areas of the Vail Village.  The cost of the project is anticipated to be approximately $500,000; funded 50% by the MMOF grant and 50% by the Town of Vail Council had no questions. Foley made a motion to support the submission of the grant application and be prepared to budget for the matching portion of the grants of $750,000 and $250,000 respectively with the next two years; Staufer seconded the motion passed (7-0). 5.3. Ordinance No. 12, Series of 2022, First Reading, An Ordinance Amending Title 5, Chapter 1 and Title 7 Chapter 10 of the Vail Town Code Regarding Idling Presenter(s): Commander Ryan Kenney, Vail Police Department and Kristen Bertuglia, Director of Environmental Sustainability Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 12, Series of 2022. Background: Vail Town Council has asked staff to change the idling ordinance to reflect 5 minutes maximum for idling time. Staff Recommendation: Approve, approve with amendments or deny Ordinance 12, Series of 2022. Commander Kenney presented Ordinance No. 12, Series of 2022 to council stating the ordinance was changed to reflect 5 minutes maximum for idling time. Langmaid requested the ordinance to reflect 3 minutes rather than 5 for the maximum time to allow a car to idle. The other 6 council members supported the 3-minute maximum idling time. July 19, 2022 - Page 29 of 141 Town Council Meeting Minutes of June 21, 2022 Page 5 Coggin made a motion to approve Ordinance No. 12, Series of 2022 with an amendment to reflect 3 minutes and not 5 minutes; Staufer seconded the motion passed (7-0). 5.4. Contract Award to WRT for the 2022 Ford Park Master Plan Update. Presenter(s): Todd Oppenheimer, Capital Project Manager/Landscape Architect Action Requested of Council: Direct the Town Manger to enter into a consultant contract with WRT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51K be added to the second supplemental budget. Background: A Request for Proposals for the Ford Park Master Plan Update was issued to the public on February 7, 2022. Three firms responded with proposals on March 17, 2022. Two of these firms were interviewed on May 11, 2022. The landscape architecture firm of WRT with offices in Denver, Philadelphia, and San Francisco with the local engineering firm of Martin and Martin and the park management consulting firm of PROS, Cincinnati, OH, was selected as the team best suited to complete the master plan update. Staff Recommendation: Direct the Town Manger to enter into a consultant contract with WRT in the amount of $200,730 for the Ford Park Master Plan Update and direct that $51K be added to the second supplemental budget. Oppenheimer reviewed the contract award process for the Ford Park Master Plan with the council. The request for proposals was issued on February 7, 2022 and the town received three proposals by the March 17 deadline. The proposals were reviewed by staff from the Vail Recreation District, the Betty Ford Alpine Gardens and the town. The landscape architecture firm of WRT with the local engineering firm of Martin and Martin and the park management consulting firm of PROS added additional scope to the project which would be valuable with a park system-wide analysis and organizational relationship evaluation that would inform the Ford Park Master Plan Update beyond the expected 10-year lifespan of a master plan. The additional scope would cost $51K; which would be included in the second supplemental budget on July 5, 2022. Council had no questions. Foley made a motion to authorize the Town Manager to enter into an agreement with WRT in an amount to not exceed $200,730 and to add $51K to the second supplemental budget; Mason seconded the motion passed (7-0). 6. Public Hearings 6.1. Ordinance No. 4, Series of 2022, First Reading - An Ordinance Amending the Approved Development plan for Special Development District No. 36, Four Seasons Resort Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. July 19, 2022 - Page 30 of 141 Town Council Meeting Minutes of June 21, 2022 Page 6 Background: On May 9, 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 4-1-0 (Lipnick Opposed) 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. Spence introduced Ordinance No. 4, Series of 2022 to council stating the application was recently amended to include all off-site housing would be within the town limits. Council had no questions for Spence. Andrew Sellnau, Extell Development, presented the amended application on behalf of the Applicant. • Changing an administrative office into 2 additional hotel units • Reclassifying 7 existing hotel units into 4 dwelling units  Generating approximately $2.5M of annual gross revenue  Not result in any parking requirements • Maintaining 12 onsite dorm room • Replace 16 onsite deed restricted employee dorm rooms with approximately 28 offsite deed restricted bedrooms located in homes within town limits • Reconfiguring the 16 dorm units into 11 hotel units Langmaid asked if the offsite deed restrictions were going to inquired over time. Sellnau stated the deed restrictions would be purchased prior to the 16 dorm units are changed into hotel units. Davis thought the amendment to the application was a good start but questioned if the proposal was equal in its return value. There was no public comment. Langmaid stated she was not comfortable with the application since it would not create new deed restrictions but instead take away deed restrictions that were currently being used for an employee. Coggin expressed the same concern that what the Applicant proposed was not netting new deed restrictions within the town. He would like to see 100% housing in Vail plus including housing opportunities in Eagle Vail. Seibert would prefer to see all housing for the Four Seasons employees be in Vail and none in Eagle Vail and asked Spence how many condos or homes would the 16 dorm rooms equate to. Spence replied that it would be about 32 employees. The mitigation requires 32 employees and if council wanted to change that mitigation number it could be done when a motion was made. Staufer also agreed and stated he was not inclined to pass Ordinance 4 at this time. July 19, 2022 - Page 31 of 141 Town Council Meeting Minutes of June 21, 2022 Page 7 Coggin made a motion to continue the public hearing to July 19 to allow the Applicant to work with staff on the substance of gain on the requirement of deed restrictions; Davis seconded the motion passed (7-0). 6.2. Ordinance No. 11, Series of 2022, Second Reading, an Ordinance Replacing Chapter 14 of Title 4 of the Vail Town Code to Update Short-Term Rental Regulations and License Requirements Presenter(s): Kathleen Halloran, Director of Finance and Alex Jakubiec, Revenue Manager Action Requested of Council: Approve, approve with amendments or deny Second Reading Ordinance No. 11, Series 2022. Background: Based on feedback received during the short-term rental (STR) study presented at Vail Town Council meetings the attached Ordinance No. 11, Series 2022 was drafted to address the evolving concerns of STR regulation in Vail. The recommended updates to existing regulations include requirements for fire safety inspections, proof of adequate insurance, increased fees to cover Town administrative costs, a requirement to post the STR license visible from the exterior of the property and increases to the fines and penalties for violations. During the first reading, Council struck a provision for an additional per-bedroom fee to offset impacts to local housing. The code amendments in the Ordinance have an effective date of January 1st, 2023, and current registrants would be required to comply with the new licensing requirements by the next renewal date in the licensing cycle - February 28th, 2023. Staff Recommendation: Approve, approve with amendments or deny Second Reading Ordinance No. 11, Series 2022. Jakubiec reviewed the 3 possible license fees options and contact signage on STR properties per the council’s direction after the first reading of Ordinance No. 11, Series of 2022. STR License 3 Options: • Option 1:  On-site building management $150 All Other STR units $150 Annual estimated revenue $375,000 • Option 2:  On-site building management $50 All other STR units $260 Annual estimated revenue $375,000 • Option 3:  On-site building management $5 All other STR units $150 Annual estimated revenue $190,000 Jakubiec noted license fee options 1 and 2 are structured to cover administrative costs, while option 3 would cover approximately 50% of the costs. The onsite STR signage would include the STR license number, address of property, expiration date of the license, name and contact information for the local representative and short-term rental complaint hotline. Coggin stated he liked license fee option 2 but did not agree about onsite STR signage. July 19, 2022 - Page 32 of 141 Town Council Meeting Minutes of June 21, 2022 Page 8 Langmaid and Mason inquired about capping the number of STR licenses in the town. Davis expressed support for STR license fee option 2 but he thought the onsite STR signage was important to provide neighbors information if there were any issues. Public comment has been called. Lindsea Stowe, Vail business owner, shared complications of existence of short-term rentals in the Village core making numerous noise complaints filed against her business which had made coexistence of mixed use of commercial and residential difficult. She encouraged council consider establishing a cap on STRs Ian Maxwell, Operator of a Vail business, echoed similar concerns about short-term rental impacts on businesses in the Village core. Public comment was closed. Coggin made a motion to approve Ordinance No. 11 on second reading with the addition of STR license fees option 2 and not require onsite signage; Foley seconded the motion failed (3- 4* Langmaid, Mason, Davis and Staufer opposed). Davis made an option to approve Ordinance No. 11, Series of 2022 upon second reading with the addition of the STR license fees option 2 and requiring onsite STR signage; Mason seconded the motion passed (4-3* Coggin Foley and Siebert opposed) There being no further business to come before the council, Foley moved to adjourn the meeting; Staufer seconded the motion which passed (7-0) and the meeting adjourned at 8:21 p.m. Respectfully Submitted, Attest: __________________________________ Kim Langmaid, Mayor ___________________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 33 of 141 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 to American Mechanical Systems to install three new Vail Village S nowmelt Boilers B AC K G RO UND: The purpose of this item is to provide background regarding the opportunity to receive three new boilers for which the town would be responsible for installation and to award a contract for the installation of the three new boilers at Vail Village snowmelt boiler system. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a form approved by the Town A ttorney, with A merican Mechanical S ystems for the installation of three boilers at the Vail Village boiler plant, in the amount of, and not to exceed, $ 218,000. AT TAC H ME N TS: Description Staff Memo July 19, 2022 - Page 34 of 141 To: Town Council From: Greg Hall, Department of Public Works, Stan Zemler Interim Town Manager Date: July 19, 2022 Subject: Award contract to install three new Vail Village Snowmelt Boilers I. PURPOSE The purpose of this item is to provide:  Background regarding the opportunity to receive three new boilers for which the town would be responsible for installation.  Award a contract for the installation of the three new boilers at Vail Village snowmelt boiler system. II. BACKGROUND The Vail Village boiler plant which provides hot water to the village snow melt system has five 4.5 million BTU boilers which are fueled by natural gas. In addition, the town has three more 4.5 M BTU boilers which are the source of heat to snowmelt E. Meadow Drive. This Vail Village plant melts Gore Creek Drive, Bridge Street, Wall Street, the Children’s Fountain Plaza, Eaton Plaza and some sections of sidewalk in the general village area. The village boilers were installed in 2004 and 2005 and are at the end of their life cycle while the E. Meadow Drive boilers were installed in 2007 and 2008. The Vail Village boilers have had vessel failures on four of the five which have required welding to repair. This process is very expensive as the welder must be certified to repair boilers and the closet company is based in Steamboat Springs. A complete failure of a boiler or multiple boilers during the winter months is not an acceptable risk in order to maintain service levels. Due to lead time, supply issues, and labor installation, replacement would take until the following winter to be operational. The current Vail Village boilers were not labeled correctly before they were shipped from Germany and as a result, we have had issues with the state boiler inspectors. The manufacturer (Bosh) recognizes that this error was theirs and as a result has offered to give the town three new boilers at no cost, valued near $300,000. They will not however, pay for the cost of new burners or the installation labor. The total cost for three new burners and installation is $218,000. The town’s goal is to replace all 8 of these boilers with electric boilers. However, this process will take several years as it will require a great deal of planning, engineering and cooperation and collaboration with Holy Cross Energy. July 19, 2022 - Page 35 of 141 Town of Vail Page 2 Town staff presented during the afternoon session the process being undertaken to replace the gas boilers. It is staff recommendation that council approve the 218k expenditure to take advantage of the three new boilers offer to further ensure that the Village and E Meadow Drive snow melt systems continue to function properly until the complete electric boiler transition can be vetted by both the town and Holy Cross Energy. Following installation of all the electric boilers, the newer gas boilers will be sold to offset a portion of the cost, but in the meantime the town is assured the reliability of the snowmelt plant which is critical to our guest experience as well as to the operations of the town over the next five years. III. ACTION REQUESTED BY COUNCIL Authorize the Town Manager to enter into an agreement with American Mechanical Systems for the installation of three boilers at the Vail Village boiler plant. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with American Mechanical Systems for the installation of three boilers at the Vail Village boiler plant, in the amount of, and not to exceed, $ 218,000. July 19, 2022 - Page 36 of 141 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: Town Manager S earch Dates July 19, 2022 - Page 37 of 141 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: L oading and Delivery Presentation P RE S E NT E R(S ): Commander Ryan K enney, Vail Police Department AC T IO N RE Q UE S T E D O F C O UNC I L: L isten to presentation, provide feedback, and authorize critical infrastructure equipment to ensure the success of the L oading and Delivery P rogram October start date. B AC K G RO UND: S taff would like to take steps to codify the Town’s E -Vail Courier delivery pilot program and transition its full implementation, as recommended by the L oading and Delivery Work Group. This includes its funding, and updates to regulations related to dismount zones and the pedestrian mall. AT TAC H ME N TS: Description Memo draft ordinance Loading Dock Approval Application Draft v0.2 VillageCoreAreas PedestrainMalls_Village PedestrainMalls_L H L D_ProposedChanges_Village L D_ProposedChanges_LH public input July 19, 2022 - Page 38 of 141 TO: Town Council FROM: Ryan Kenney, Police Commander DATE: July 12, 2022 SUBJECT: E- Delivery Program Full Implementation I. SUMMARY The purpose of this memorandum is to continue to take steps to codify the Town’s E-Vail Courier delivery pilot program and transition its full implementation, as recommended by the Loading and Delivery Work Group. This includes its funding, and updates to regulations related to dismount zones and the pedestrian mall. II. BACKGROUND At the direction of Town Council, a Loading and Delivery Work Group was created in 2019. It includes the following members and departments: Town Manager, Deputy Town Manager, Town Clerk, Police, Fire, Finance, Public Works, Environmental, Transportation, Communications, Community Development , and Vail Resorts. It launched the E-Vail Courier delivery pilot program that has been in operation since November of 2021. The program is now operating with 1 dockmaster, 4 delivery drivers and 2 low speed electric vehicles (LSEV’s). The program is servicing 40 businesses which is a total of 18 trucks. The program has expanded to include deliveries to businesses on E. Meadow Dr. including La Bottega and La Nonna. Christmas week had the highest volume of goods when the program delivered 26,000 pounds of goods and 90 kegs in one day. Currently the program is averaging between 30,000 and 40,000 pounds a day with busy days topping 60,000. On Thursdays alone, the program delivers 20,000 pounds of kegs into the village. The pounds of goods translate into $30,000 to $50,000 worth of products with heavy days topping $70,000. The staffing and infrastructure have proven sufficient to handle the current volume. The E-delivery pilot program will end September 30th. With the data that has been collected and the success of the current operational plan, the Work Group feels confident that the full implementation of the pilot program will become a permanent success. Based on the current volume of goods coming into the Village, a budget of $1.3 million per year is projected for full implementation. The budget includes additional manpower and infrastructure to process all deliveries to Vail Village. July 19, 2022 - Page 39 of 141 Town of Vail Page 2 III. FUNDING The annual budget includes start -up capital expenditures of $100K for the purchase of equipment needed to expand the program to cover Vail Village. Removing those expenses along with expenses tied to infrastructure, bring an annual operational budget closer to $1 .2 million per year. To fund full implementation without overburdening any one sector of the business community or the Town’s budget required identifying multiple funding sources for Town Council consideration, as follows: 1. Loading Dock Fee A proposed loading dock fee would be charged for delivery businesses that will access any loading dock in the Village or Lionshead. The loading dock fee would be charged on an annual basis through a permit process managed by the police department. The proposed fee is a tiered system based on several factors such as number of delivery days/week, number of delivery locations in Lionshead/Vail Village, time for delivery (at the dock), and size (per axle) of truck. The tier system ensures that businesses would not be overburdened, and the dock permit fees are representative of the business. Assigning each tier would be based on the following point system: • Number of days per week: 1 day = 1 point, 2 - 3 days = 2 points, and 3 or more days = 3 points. • Number of delivery locations: 0 - 12 = 1 point, and 12+ = 2 points • Amount of time spent making deliveries (at the dock): 0 - 1/2 hour = 1 point, and 1/2 hour or longer = 2 points. • Size of trucks (per axel): Van = 1 point, less than 3 axles = 2 points, and 3 or more axles = 3 points. Points earned Tier Annual Fee 9 or greater 1 $27,000 ($2,250/mo) 6-8 2 $18,000 ($1,500/mo) 5 3 $12,000 ($1,000/mo) Less than 5 4 $3,000 ($250/mo) Businesses wanting a dock permit would fill out an application determining the tier each business is in. The information would be verified by the police department and the Town- approved contractor or sent back to the business for more information. When the application is approved, the Town would send the business an invoice that can be paid directly to the Finance Department. As proposed, the above fee schedule is estimated to generate approximately $600,000/year. July 19, 2022 - Page 40 of 141 Town of Vail Page 3 2. Load and Delivery Fees During the month of June, the Work Group hosted two meetings with the business owners from Vail Village and Lionshead. A proposed loading and delivery fee was presented to them on the basis of a flat rate for each business classification. Those present at the meetings suggested charging restaurants in a more equitable manner. From the feedback received, staff has researched alternatives and developed a fee structure that creates more equity across categories of businesses. It would be an annual fee to be paid at the time of renewal of each business license and intended to cover a portion of the costs of loading and delivery facilities and programs. The annual fee would be paid according to the following schedule: 1. Commercial accommodation service establishments: $13 per rental interest, with a minimum fee of $200.00 per business. 2. Accommodations service businesses in residential buildings with 24/7 on-site management services: $13 per rental interest, with a minimum fee of $200.00 per business. 3. Restaurants, taverns, or any other business with the primary purpose of serving food and beverages: $15 per seat, with a minimum fee of $200.00 per business. 4 Retail establishments: $775 per business. 5. All other businesses: $200 per business. As proposed, the annual fee would be paid to the Finance Department before January 31st each year and would generate approximately $260,000 per year, or roughly 20% of the annual operating costs of the program. 3. Town Subsidy In addition to the $100,000 start-up capital needs, the Town would also subsidize annual operations by approximately $340,000 from the General Fund. This is in addition to the town’s investment of $620,000 to cover the full cost of the 12-month pilot program. IV. LOAD AND DELIVERY CHANGES 1. Vail Town Code Amendments The Work Group prepared updates to the Vail Town Code to amend Title 7, Chapter 4, and create new Chapters 11 and 12. The changes are summarized below. • 7-4-4, prohibits EPAMDs (Electronic Personal Assistive Mobility Device) from certain areas. • 7-11, codifies the Pedestrian Mall Act including defining the pedestrian malls and outlining exceptions to vehicular traffic. July 19, 2022 - Page 41 of 141 Town of Vail Page 4 • 7-12, codifies loading and delivery maps, operation, and funding of last mile delivery. This includes permitting of delivery companies and implementation of loading dock permit fee as well as an annual loading and delivery fee from businesses. 2. Maps The load and delivery maps have been changed to reflect proposed changes to the regulations identified by the Work Group. The changes are listed below. • A vehicle direction of travel has been established. • Additional parking for service vehicles has been identified. • High volume commercial carrier zones are defined. • No delivery vehicle access on Bridge St. • Business owners or employees will have close -in vehicle access to designated areas from 10:00 AM to 11:00AM when actively loading or unloading. • Ski/snowboard tuning will have access twice daily 7:00AM to 8:00AM and again from 5:00PM to 6:00PM. V. ACTION REQUESTED OF COUNCIL The Loading and Delivery Work Group is asking Council to give feedback and direction on the draft ordinance and maps and approve ordering the necessary infrastructure needed for full implementation in October. July 19, 2022 - Page 42 of 141 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX ORDINANCE NO. ___ SERIES 2022 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE BY THE ADDITION OF NEW REGULATIONS FOR PEDESTRIAN MALL AREAS IN THE TOWN WHEREAS, the Town desires to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for the delivery of goods in Vail Village and Lionshead; WHEREAS, the Town desires to reduce pollution, congestion, and the related health concerns created through the delivery of commercial goods, especially when concentrated in a particular area; WHEREAS, the Town wishes to provide a higher-quality experience for all businesses and customers located in the Village Core; and WHEREAS, the Town finds that a coordinated delivery system will address such concerns and provide for the coordinated and efficient delivery of commercial goods in pedestrian mall areas. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-4(C) of the Vail Town Code is hereby amended as follows: 7-4-4: EPAMDS: * * * C. Prohibited Areas: EPAMDs are prohibited in or on the following: 1. Vail Nature Center; 2. Betty Ford Alpine Garden; 3. Village Streamwalk; 4. Children's playgrounds; 5. Turf areas or soft-surface trails; 6. Natural/unimproved areas; and 7. Streets and highways that are parts of the State highway system.; 8. Bridge Street; and 9. Gore Creek Drive. July 19, 2022 - Page 43 of 141 2 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX Section 2. Ordinance No. 14, Series 1978, is hereby repealed in its entirety. Section 3. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 11, to read as follows: CHAPTER 11 VEHICULAR TRAFFIC IN PEDESTRIAN MALL AREAS 7-11-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic in pedestrian mall areas, improve the guest experience, and reduce environmental impacts caused by vehicular traffic in pedestrian mall areas. 7-11-2: PEDESTRIAN MALL AREAS: Pedestrian mall areas shall be those areas designated as a pedestrian mall by white dashes in the following Vail Village Pedestrian Mall Map and Lionshead Pedestrian Mall Map. July 19, 2022 - Page 44 of 141 3 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX 7-11-3: VEHICULAR TRAFFIC: A. Unless expressly permitted by this Chapter, all vehicular traffic is prohibited from accessing or using a pedestrian mall area. B. All vehicular traffic permitted by Section 7-11-4 shall comply with Chapter 12 of this Title and the requirements of the following Vail Village Loading and Delivery Map and Lionshead Loading and Delivery Map. July 19, 2022 - Page 45 of 141 4 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX July 19, 2022 - Page 46 of 141 5 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX 7-11-4: EXCEPTIONS: In all pedestrian mall areas, the following vehicular traffic is permitted: A. Public transportation vehicles operated by the Town; B. Emergency vehicles; C. Vehicles authorized by the Town, as specified in a valid Town-issued permit; D. Town-approved contractors delivering commercial goods in accordance with Chapter 12 of this Title; E. Armored money vehicles; F. Waste and recycling collection vehicles; G. Vehicles entering or exiting a parking structure to access a business or residence when there is no other means of vehicular access; H. Property owners and their guests actively loading or unloading when there is no other means of vehicular access; I. Guests checking in or out of any accommodation establishment located within a pedestrian mall area; and July 19, 2022 - Page 47 of 141 6 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX J. High-volume commercial carriers as defined in Section 7-12-2 of this Title. Section 4. Title 7 of the Vail Town Code is hereby amended by the addition of a new Chapter 12 to read as follows: CHAPTER 12 LOADING AND DELIVERY IN PEDESTRIAN MALL AREAS 7-12-1: PURPOSE: The purpose of this Chapter is to increase the safety of pedestrian traffic, improve the guest experience, reduce environmental impacts, and provide for a coordinated process for the delivery of goods in pedestrian mall areas. 7-12-2: DEFINITIONS: The definitions in Section 4-1-2 of this Code shall apply to this Chapter. In addition, for purposes of this Chapter, the following terms shall have the following meanings: COMMERCIAL GOODS: Goods that are sold for the generation of income or any other commercial purpose, including food and beverage and retail and wholesale goods. HIGH-VOLUME COMMERCIAL CARRIER: A commercial carrier that consistently delivers a high volume of commercial goods, excluding food and beverage, in the Town on more than five (5) days per week to multiple recipients. LOADING DOCK: The area of a building designated for the loading and unloading of commercial goods to and from delivery vehicles, in compliance with this Code and all other applicable regulations. PEDESTRIAN MALL AREA: Any area designated as a pedestrian mall area by Chapter 11 of Title 7 this Code. TOWN-APPROVED CONTRACTOR: A contractor selected by the Town to transport and deliver commercial goods in any pedestrian mall area. VILLAGE CORE: The area designated as the Village Core by light blue dashes on the following map: July 19, 2022 - Page 48 of 141 7 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX 7-12-3: RESTRICTED AREAS: No person shall transport or deliver commercial goods in a pedestrian mall area except: 1. A Town-approved contractor; 2. A high-volume commercial carrier; or 3. Vehicles owned by businesses that own loading docks within a pedestrian mall area if the vehicles are clearly marked to show the ownership of the vehicle. 7-12-4: SELECTION OF TOWN-APPROVED CONTRACTORS: The Town shall select one or more Town-approved contractors following advertisement and a request for proposals. In the selection process, the Town Council shall consider cost, responsibility, professionalism, prior experience and any other factors deemed relevant by the Town Council. The selection of a Town-approved contractor shall be memorialized in a written agreement in a form approved by the Town. July 19, 2022 - Page 49 of 141 8 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX 7-12-5: LOADING DOCK PERMIT REQUIRED: A. Any person or business delivering commercial goods to a loading dock serving a pedestrian mall area shall obtain a loading dock permit from the Town. B. An application for a loading dock permit shall be submitted to the Vail Police Department, on forms provided by the Vail Police Department. Permits shall only be issued upon receipt of payment of the applicable permit fee as established by this Chapter. Permit fees are calculated on an annual basis beginning in October of each year and shall be prorated on a monthly basis. C. The Vail Police Department shall issue a loading dock permit if the application meets all of the requirements of this Code and other applicable law. D. Issuance of a loading dock permit authorizes a Town-approved contractor to deliver the permittee's commercial goods from the applicable loading dock to the designated delivery location. 7-12-6: LOADING DOCK PERMIT FEE: A. The applicable permit fee shall be calculated based on peak season intensity, when deliveries are generally at their highest frequency for the particular business. Each application for a permit shall include the applicant's truthful and accurate estimate of peak season intensity. At any time, should the Town determine that the estimate contained in the application is inaccurate, the Town reserves the right to adjust the permit fee accordingly. July 19, 2022 - Page 50 of 141 9 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX B. The Town shall use the estimate to calculate the total number of points assessed to the applicant, as follows: Activity Intensity Points Assessed Total number of delivery days per week 1 day 1 2 – 3 days 2 More than 3 days 3 Total number of delivery locations within the pedestrian mall area per week 1 – 12 locations 1 More than 12 locations 2 Total time using loading docks per week Less than 30 minutes 1 30 minutes or more 2 Type of delivery vehicle(s) Van 1 Truck with less than 3 axles 2 Truck with 3 or more axles 3 C. The total points assessed per person or entity shall be the basis for the calculation of the permit fee, as follows: Tier Points Assessed Monthly Permit Fee 1 Less than 6 $250 2 6-7 $1,000 3 8-9 $1,500 4 10 or more $2,250 7-12-7: ANNUAL LOADING AND DELIVERY FEE: A. Each business located in the Village Core shall pay an annual fee at the time of business license renewal to cover the costs of loading and delivery services and facilities in pedestrian mall areas. B. The annual fee shall be calculated as follows: 1. Commercial accommodation service establishments: $13 per rental interest, with a minimum fee of $200.00 per business. 2. Accommodations service businesses in residential buildings with 24/7 on-site management services: $13 per rental interest, with a minimum fee of $200.00 per business. 3. Restaurants, taverns, or any other business with the primary purpose of serving food and beverages: $15 per seat, with a minimum fee of $200.00 per business. 4 Retail establishments: $775 per business. July 19, 2022 - Page 51 of 141 10 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX 5. All other businesses: $200 per business. C. The annual fee shall be paid to the Finance Department on or before January 31st of each year. D. If the loading and delivery fee imposed hereunder is not paid by the due date it shall be deemed delinquent and the town may assess a delinquency charge in the amount of 10% of the loading and delivery fee due. 7-12-8: VIOLATION; PENALTY: A. Violation: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be civil infractions. Each day of violation shall be deemed a separate offense. B. Civil Enforcement: 1. If the Town chooses civil enforcement, a citation may be served by posting on the front door of the business in violation, or by personal service on the alleged violator, or by mailing first-class U.S. Mail to the last known address of the alleged violator. 2. Civil violations shall be subject to the following fines and penalties: First violation in any twelve (12) month period: $500 Second violation in any twelve (12) month period: $1,500 Third violation in any twelve (12) month period: $2,500 3. All penalties shall be paid within fourteen (14) days of the date of the citation. If the civil violation is paid, there shall be no opportunity to challenge or otherwise appeal the violation. If the violator disputes the violation, a written protest shall be filed with the Town within fourteen (14) days of the date of the citation. 4. If the citation is protested, the Town shall cancel the citation and proceed to criminal enforcement. D. Criminal Enforcement: If the Town chooses criminal enforcement or a protest is filed and the civil citation is canceled, a summons and complaint may be served as provided in the Colorado Municipal Court Rules of Civil Procedure. The penalties shall be as set forth in Section 1-4-1 of this Code. E. Other Remedies: In addition to the penalties described above, the Town shall have any and all remedies provided by law and in equity for a violation of this Chapter, including without limitation: damages; specific performance; and injunctive relief. Section 5. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase July 19, 2022 - Page 52 of 141 11 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\PED MALL-O071322 FINAL.DOCX thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 6. The 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 7. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 8. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 19th day of July, 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 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 53 of 141 Vail Loading Dock Permit Application Contact Information Company Name Company Owner’s Name Company Contact Mailing Address Work Phone Fax Number E-Mail Address Website URL Approval Process Once this application has been turned in, it will go through a multi-approval process as follows: 1) Approval with the Vail Police Department 2) Approval with 106 West 3) Applicant will be Invoiced based on Tiered Pricing Model Described Below 4) Upon Payment being Received, Permit is Issued Permits pricing is based upon a point system based on the following factors: Tally the points according to your need to find your individual permit pricing. Weekly loading dock access days:1 Day = 1 Point 2-3 Days = 2 Points 3+ Days = 3 Points Number of Delivery Locations Required:1-12 Locations = 1 Point 12+ Locations = 2 Points Delivery time needed at Dock Location:0 - 1/2 Hour = 1 Point 1/2 Hour or Longer = 2 Points Type of Delivery Vehicle:Van = 1 Point Truck: Less Than 3 Axles = 2 Points 3+ Axles = 3 Points Permit Pricing Points Earned 10+ Tier 8-9 6-7 Fewer Than 6 4 3 2 1 Annual Fee $27,000 ($2,250/mo) $18,000 ($1,500/mo) $12,000 ($1,000/mo) $3,000 ($250/mo) Points Earned: Signature Certifying Above is Correct: Printed Name of Certifying Representative: Date: July 19, 2022 - Page 54 of 141 Documents required to process application: 1) ADD REQS HERE ONCE KNOWN For Vail Police Administration & 106 West Use Only Vail Police Administration Approval Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name ______________________________ Date _____________________________ Print Name ______________________________ Date 106 West Approval: Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name _____________________________ Date _____________________________ Reason for Denial Vail Police Administration Approval Denied by: _____________________________ Signature, Vail Police Representative 106 West Approval: Denied by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name _____________________________ Date _____________________________ Reason for Denial July 19, 2022 - Page 55 of 141 Indemnity Agreement By registering with the Town, each Commercial Operator agrees to indemnify, defend and save the Town and its respective agents, officers, representatives and employees harmless from and against any and all judgments, penalties, liability or loss, including costs and reasonable attorney fees resulting from claims or court actions, whether civil, criminal or in equity, arising directly or indirectly out of acts of the Commercial Operator, Permitee, its agents, employees or servants, or through any injury or casualty occurring in the Town as a result of said loss. Signature of Authorized Representative: Printed Name of Authorized Representative: Company Name: Date: Acknowledgement and Signature By submitting this application, I affirm that the facts set forth in it are true and complete. I understand that if I am issued a Vail Loading Dock Permit, any false statements, omissions, or other misrepresentations made by me on this application may result in immediate cancellation of permits issued. Furthermore, I acknowledge that I have received a copy of the Town of Vail Loading Dock Ordinance and that I have read, understand and agree to abide by the regulations set forth in said ordinance. Additionally, I agree to ensure that each of this company’s driver’s reads and abides by said regulations. Signature: Name (printed): Date: For Vail Police Administration Use Only Approved for Nov 1, 2021 – Oct 31, 2022 Approved by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name ______________________________ Date Denied for Nov 1, 2021– Oct 31, 2022 Denied by: _____________________________ Signature, Vail Police Representative _____________________________ Print Name/Date ______________________________ Reason ______________________________ July 19, 2022 - Page 56 of 141 I Subject Property 0 1,000 2,000500Feet V i l l a g e C o r e M a pVillage C o r e M a p This map was crea te d b y th e Town of Vail GIS Team. Use of this map should be for general purposes only.The Town o f Vail do es not warran t the accuracy of the information contained herein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 13, 2022July 19, 2022 - Page 57 of 141 VAILRD E M EADOWDR VAILLN GORE CREEKDR EFORESTRD BRIDGESTS FRONTAGE RD E WILLOWRD I 70 Eastbound WI LLOWBRI DGERDM IL L C R E E K C IR HANSONRANCHRD WMEADOW D R BEAVERDAMRD W IL L OWPL WALL STV A IL V A L L E Y D R I 70 Westbound VILLAGE CENTER RDV A ILRDI Subject Property 0 100 20050Feet P e d e s t r i a n M a l l - V a i l V i l l a g ePedestrian M a l l - V a i l V i l l a g e This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 12, 2022July 19, 2022 - Page 58 of 141 L I O NS HEADMALLS F R O N T A G E R D W W L IO N S H E A D CIRE L IO N S H E A D C I RI 7 0 E a s tb o u n d LIONSHEAD PLI 70 W estb o u n dI Subject Property 0 100 20050Feet P e d e s t r i a n M a l l - L i o n s h e a dPedestrian M a l l - L i o n s h e a d This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: June 12, 2022July 19, 2022 - Page 59 of 141 16 S. Frontage Rd. E.Loading Dock Village ParkingStructure CHECKPOINTCHARLIE !e MOUNTA IN PLAZALOADING DOCK4 a.m. to 10 p.m., daily TUN NEL ACCESS TOMOUNTAIN PLAZALOADING DOCK Loading DockStatus Message Board 1 Willow Bridge Rd.Loading Dock ToMOUNTAINPLAZAandCHECKPOINTCHARLIEkMountainPlaza 304 288 286 263 352 292 227-231 281 225278 302 291244311 223242 193 200 1 5 8 -1 9 8 201 183 120-126 1 20 100 12 Vail Rd.Loading Zone(in driveway) 12 16 141 1 Æô Æô Æô Æô 141 S. Frontage Rd. E.Loading Dock !_ ICERINK 1 Vail Rd.Loading Dock Æô 356 386 298 !_ Æô Æô 17 Vail Road15 minute loading zone- No permit needed -- Additional restrictions apply - 292 E. Meadow Dr.15 minute loading zone- No permit needed –- Available 24/7 tooversized vehicles - P 386 Hanson R anch Rd.Loading Zone(in driveway) 242 E. Meadow Dr.Loading Zone(in driveway) Checkpoint Service Vehicle Zone- Service Vehicles Only -- 2hr. max. between 8am - 8pm -- Paid Permit Required -- No oversize vehicles -_Tunnel Æô 122 62 133 17 P P Except: private vehicles for120-126, 122, 1 and 62 Except: privatevehicles for 62 Æô Æô 174 Checkpoint Multi-Use Zone- Additional Restrictions Apply -- Permit Required - 311 392 297 228-232 254 227 W I L L O W R DWILLOW PLS FRONTAGE RD W §¨¦70 §¨¦70 G O R E C R E E K D R VILLAGECENTER RDHANSON RANCH RDMILLCREEKCHUTEBRI D GE S T S FRONTAGE RD E E M E A D O W D R E M E A D O W D RBRIDGE STElevator 68 S. Frontage Rd. E.15 minute loading zone- No permit needed -- Available 24/7 tooversized vehicles - 68 VAIL RDGORE CREEK DR VAI LVAL L E Y D R E FOREST RD W I L L O W R D WI LLOW BRI DGE RDH A N S O N R A N C H R D BEAVER DAM RD W MEA D O W D RWALL STI-70 vailgov.com/loadinga nddeliveryI0100200FeetVAIL VILLAGELOADING & DELIVERY 07/12/2022 P Æô E-Vail Courier Service Coverage identified by heated pavers and its boundaries are generally contained within:E. Meadow Dr. (Vail Rd. to Vail Valley Dr.); Willow Bridge Rd. (E. Meadow Dr. to Vail Rd.); Gore Creek Dr.(Checkpoint C harlie to east end of Gorsuch / Clock Tower); and, Bridge St. (Slifer Square through Seibert Circle to Hanson Ranch Rd.) Restricted Village Zone - (10:00 - 11:00 AM, daily): On-street, close-in delivery available exclusively to business owners and theiremployees in passenger vehicles. (no oversized vehicles and/or delivery companies) Checkpoint Multi-U se Zone:Ski/Snowboard Tuning - (07:00 - 08:00 AM and 05:00 - 06:00 PM, daily): On-street, close-in delivery available exclusively to snow-sports tuningequipment business owners and their employees actively loading and delivering in passenger vehicles, picking-up and delivering snow-sportsequipment, to include alpine and touring equipment but not snow-sports clothing, merchandise, and products other than skis and snowboards. Local Business - (10:00 - 11:00 AM, daily): See description above.Couriers - (08:00 - 10:00 AM, 11:00 AM - 05:00 PM, and 06:00 - 08:00 PM, daily): See description below. Courier Zone - (08:00 AM - 08:00 PM, daily): 2 spaces, on-street, close-in delivery available to couriers. Do Not Enter: Restricted to emergency services and Town of Vail vehicles, with some exceptions as indicated. July 19, 2022 - Page 60 of 141 Lionshead Parking Structure Bldg. B E LIONSHEAD CIR S FRONTAGE RD W N FRONTAGE RD W LIONSHEAD PL W LIONSHEAD CIRS F R O N TA G E R D W LI O N S H EA D M A L L k680 720 684 610 616 548508 521 450 520 531 555 675 Bldg. A Bldg. C Bldg. DGondola ICERINK ShuttleParking 600 !_ !_ !_úLionsheadWeclomeCenter LionsheadTransit Center 635 660 380 390 452 §¨¦70 §¨¦70 641 675 675 675 ARRABELLELOADING DOCK Elevator #6 720 W. Lionshead Cir.15 minute loading zone 616 W. Lionshead Cir.15 minute loading zone 395 E. Lionshead Cir.15 minute loading zone(along sidewalk)4 a.m. to 8 a.m.- Restricted to truckswith wheel base < 40' - Æô Æô SkierDrop Off(entrance) 395 350 vailgov.com/loadinga nddelivery LIONSHEADLOADING & DELIVERY I0 100 200Feet 07/12/2022 Æô E-Vail Courier Service Coverage identified by heated pavers and its boundaries are generally contained within:E. Meadow Dr. (Vail Rd. to Vail Valley Dr.); Willow Bridge Rd. (E. Meadow Dr. to Vail Rd.); Gore Creek Dr.(Checkpoint C harlie to east end of Gorsuch / Clock Tower); and, Bridge St. (Slifer Square through Seibert Circle to Hanson Ranch Rd.) Do Not Enter: Restricted to emergency services and Town of Vail vehicles, with some exceptions as indicated. July 19, 2022 - Page 61 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:Fwd: Grand Traverse Landscaping access to various clients and properties in the Village Core Date:Saturday, July 16, 2022 7:39:53 AM Get Outlook for iOS From: Tammy Nagel <TNagel@vailgov.com> Sent: Saturday, July 16, 2022 7:39:42 AM To: Ryan Kenney <RKenney@vailgov.com>; Kathleen Halloran <KHalloran@vailgov.com> Subject: Fwd: Grand Traverse Landscaping access to various clients and properties in the Village Core Get Outlook for iOS From: Scott McClarrinon <scottinvail@hotmail.com> Sent: Friday, July 15, 2022 4:47:02 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Grand Traverse Landscaping access to various clients and properties in the Village Core Hi all, Was reading through the entire idea of implementing the delivery service and severely restricting any other traffic and parking abilities within the Village Core. I love the idea of it all. I have seen first hand the large numbers of visitors who frequent Vail over my 29 years in the valley. I own Grand Traverse Landscaping LLC and have many clients within this core area over the past many years, including but not limited to the Austria Haus, Village Center residential, Solaris, One Willow Bridge, Talisman, Sonnenalp, Bishop Park, etc. I'm simply concerned that my ability to service my clients landscaping and have any ability to park anywhere will become much more difficult. It's a daily occurrence that I'm at many of these places most days of the week within the months of April to October. As much as I try to park at the client's place when I'm working on site, their own space limitations and parking priorities normally prohibit my ability to do so. It doesn't help either that I have a full-size pickup as a company vehicle and often need a small trailer to bring in landscaping supplies as well as mowing equipment on mow days. My current ability to access my client's places involve "poaching" the parking of some of my clients outside the village core and walking into town to take care of village core clients. Also get into town by 7 in the morning to park by the International Bridge, but know that I have a very limited amount of time there. What might be my options/solutions going forward if this delivery plan is put in place on a permanent basis? Thank you much for hearing out my concern, July 19, 2022 - Page 62 of 141 Scott McClarrinon Owner, Grand Traverse Landscaping LLC July 19, 2022 - Page 63 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:Fwd: loading and delivery Date:Saturday, July 16, 2022 7:40:35 AM Get Outlook for iOS From: Tammy Nagel <TNagel@vailgov.com> Sent: Saturday, July 16, 2022 7:40:15 AM To: Ryan Kenney <RKenney@vailgov.com>; Kathleen Halloran <KHalloran@vailgov.com> Subject: Fwd: loading and delivery Get Outlook for iOS From: Jenn Bruno <jennbruno3@gmail.com> Sent: Friday, July 15, 2022 6:25:33 PM To: Council Dist List <TownCouncil@vailgov.com> Cc: alisonw <alisonw@vailchamber.org> Subject: loading and delivery Town Council As a retailer, I am shocked at the proposed $775 fee on loading and delivery. I spend thousands of dollars each year on shipping to my store front. This is an absurd penalty that hurts the very retailers who work each and every day collecting the sales tax that contributes to our town's budget and rather substantial surplus. If this system is necessary, the town should pay the bill. Retailers and other business owners should not be penalized. We pay for shipping to our storefronts. If you choose to disrupt the system, the Town of Vail should pay the added cost. The recommended current plan will hurt the Vail business community. Jenn Bruno July 19, 2022 - Page 64 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: E-Vail Courier Program Date:Monday, July 18, 2022 1:39:39 PM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Drew Riley <drew@slopeenterprises.com> Sent: Monday, July 18, 2022 12:30 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: E-Vail Courier Program Hi Town Council, I am all for this and even for paying my restaurants fair share. Since traffic is being significantly reduced, can someone comment on how this will help for allowing for public consumption again? Best, Drew -- Drew Riley July 19, 2022 - Page 65 of 141 Slope Enterprises - Russell's - Los Amigos - Bridge Street Lockers 970.476.0080 July 19, 2022 - Page 66 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: E-Vail Courier Program Date:Monday, July 18, 2022 1:39:39 PM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Drew Riley <drew@slopeenterprises.com> Sent: Monday, July 18, 2022 12:30 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: E-Vail Courier Program Hi Town Council, I am all for this and even for paying my restaurants fair share. Since traffic is being significantly reduced, can someone comment on how this will help for allowing for public consumption again? Best, Drew -- Drew Riley July 19, 2022 - Page 67 of 141 Slope Enterprises - Russell's - Los Amigos - Bridge Street Lockers 970.476.0080 July 19, 2022 - Page 68 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Charges-Taxing Date:Tuesday, July 19, 2022 8:55:42 AM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Phil Long <phil@vailchophouse.com> Sent: Tuesday, July 19, 2022 8:30 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Cc: Daniel Roemer <dan@vailchophouse.com> Subject: Charges-Taxing HI This is Phil Long. I am one of the Partner/Owners at Vail Chophouse. Our understanding is that the Town of Vail is interested in charging US to have our goods delivered to us by Shamrock Foods. In the current crisis of astronomical increases in goods and services costs and in general, this is overreach and simply ridiculous. The increased costs of getting our goods up to the mountains and the escalating cost of food and non food products up here is already breaking our banks. These costs will most surely not decrease and just another tax that is slipped in seems very deaf to our situation as business owners. Also know, we will pass these costs onto the customer. We can't continue to take the hit for every increase that comes our way. Please look at the price points around the village. Due to high costs of keeping employees and food and facility costs we July 19, 2022 - Page 69 of 141 have to charge A LOT to make a minimum return. Please rethink this. If possible I will be at the virtual meeting..but please know that we are opposed to this type of tax. Thanks Phil Long Vail Chophouse July 19, 2022 - Page 70 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: No vote Date:Tuesday, July 19, 2022 8:57:20 AM Attachments:image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Scott Poupore <ScottP@myeyepieces.com> Sent: Tuesday, July 19, 2022 6:45 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: No vote Hello I represent Eye Pieces with 3 stores in the Village and 1 in Lionshead. I am concerned about the $775 per store, per year new fee to pay for this new delivery service that Eye Pieces will not use at all....ever. ($3100!!/yr!) We understand the benefit of getting the big food and beer delivery trucks off the streets. This new cost to improve the experience in the Village should not be born only by the businesses. This is a public improvement. The cost should be budgeted by the town and paid for by the sales taxes our guests pay. As counsel people you should make this improvement with the certainty it will improve the quality of the product in our village and it will add to tax collections in the future. Businesses should not bear this new cost, especially in Lionshead? July 19, 2022 - Page 71 of 141 Please vote no today! Scott Poupore Chief Executive Officer p: 970.331.9771 c w: MyEyePieces.com e: scottp@myeyepieces.com July 19, 2022 - Page 72 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: E vail courier program Date:Tuesday, July 19, 2022 9:03:47 AM Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: kerry@skipperscout.com <kerry@skipperscout.com> Sent: Monday, July 18, 2022 5:46 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Cc: sydney reid <sydney@skipperscout.com>; alisonw <alisonw@vailchamber.org> Subject: E vail courier program  As a local retail business owner I’m am extremely dependent on the daily delivery of goods to my storefront. We pay varying degrees of high costs for these deliveries that I cannot and do not simply pass on to my customers. First of my 2 concerns are the additional costs to deliver goods to my store on east meadow drive which is equally impacted with bus travel from a safety perspective. We are a small walking village we are not New York City with multiple deliveries. I do not agree or wish to pay more for delivery that is already a high cost I cannot pass along to my customers. Added cost for delayed delivery does not work for my business model. Secondly, if I have a package expedited and it’s to arrive on tues of which I have paid for this expeditors service it will have to be delivered to my storefront before closing hours. How will packages that arrive that same day guarantee to be delivered to my location same day and at reasonable hour for my teams to process?? How much time from when out packages are to arrive to vail proper that you can ensure same day appropriate delivery times for stores, residents, and restaurants in the village ?? Your proposal is adding another layer of contact for my team .. spending more time time thst is eemployee payrol to tell delivery service like dhl to contact your team and organize etc. I see ups and FedEx are exempt .. what about dhl ? What about delivery services that local businesses with multiple store fronts use to move inventory product around at an existing cost to now have to add another time frame and cost. It sounds great in theory but think it will be very difficult to do and execute efficiently. I do not see this working efficiently and I can assure you if a resident paid for expedited shipping for arrival by noon they will expect that package they paid for to get there before 12. Can your program guarantee for every package it will make those delivery dates and times expected and paid for by the businesses and residents of vail village ??? July 19, 2022 - Page 73 of 141 The services that fall under your program who need to be delivered by X time. And why should the businesses be charged and not the residents who have asked for this program?? This is a huge issue for businesses, residents and restaurants and it’s difficult as you only have so many hours in a day to add another delivery element to manage all these deliveries deadlines efficiently. I don’t see how it will succeed and not impact us on negative basis. Residential customers will be impacted as well. Also will these deliveries come during business hours or revert to the next day if they run out of time…. Please correct me if I am wrong on any points ... Thank you, Kerry R Roach Owner/buyer Skipper & Scout 242 east meadow drive Vail, CO 81657 @skipperscoutvail Shop is online anytime www.skipperscout.com 970.306.5545 July 19, 2022 - Page 74 of 141 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. 13, Series of 2022, First Reading, A n Ordinance Amending Chapter 3A of Title 7 of the Vail Town Code, Concerning Towing and I mpoundment of Vehicles P RE S E NT E R(S ): Ryan Kenney, Commander P olice Department 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 F irst Reading of Ordinance 13, S eries of 2022. B AC K G RO UND: Ordinance No. 13, S eries of 2022 amends the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny F irst Reading of Ordinance 13, Series of 2022. AT TAC H ME N TS: Description Ordinance 13, Series of 2022 July 19, 2022 - Page 75 of 141 1 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX ORDINANCE NO.13 SERIES 2022 AN ORDINANCE AMENDING CHAPTER 3A OF TITLE 7 OF THE VAIL TOWN CODE, CONCERNING TOWING AND IMPOUNDMENT OF VEHICLES WHEREAS, the Town Council wishes to amend the Vail Town Code to incorporate the procedures set out in Title 42, C.R.S., concerning the towing and impoundment of abandoned motor vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-3A-3 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-3: IMPOUNDMENT: Any vehicle presumed to be abandoned under C.R.S. § 42-4-1802, as amended, shall be subject to removal and storage by an operator designated by the Town. Removal of the vehicle shall comply with the procedure provided by C.R.S. § 42-4-1803, as amended. The operator may determine the charges for towing and storage of the vehicle to the extent that those charges comply with C.R.S. § 40-10.1-405, as amended. Section 2. Section 7-3A-4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-4: NOTICE; HEARING: A. Notice: When a vehicle is impounded as authorized by law, and the officer, agent, or other employee responsible for the impoundment knows or is able to ascertain the name and address of the owner, the officer, agent, or employee shall immediately give notice or arrange for notice to be given in writing to the owner of the fact of the removal, the reason for it and the place to which the vehicle has been removed. B. Post-seizure Hearing: 1. A person with legal entitlement to possession of an impounded vehicle has the right to a post-seizure administrative hearing to determine whether there was probable cause to impound the vehicle. The request for a hearing shall be in writing, and sent within ten (10) days after the notice of impoundment. 2. A hearing shall be conducted before a hearing officer designated by the Town within forty eight (48) hours of receipt of a written July 19, 2022 - Page 76 of 141 2 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX demand from the person seeking the hearing. The sole question before the hearing officer shall be whether there was probable cause to impound the vehicle. 3. "Probable cause to impound" means a state of facts that would lead a person of ordinary care and prudence to believe that there was sufficient breach of local, state or federal law to authorize the removal of the vehicle. 4. The hearing officer shall conduct the hearing in an informal manner and shall not be bound by technical rules of evidence. The person demanding the hearing shall carry the burden of establishing that such person had the right to possession of the vehicle. The police department shall have the burden of establishing that there was probable cause to impound the vehicle in question. Failure to attend a scheduled hearing shall be deemed a waiver of the right to such hearing. 5. At the conclusion of the hearing, the hearing officer shall prepare a written decision. A copy of such decision shall be provided to the person demanding the hearing and the registered owner of the vehicle (if not the person requesting the hearing). The decision of the hearing officer is final. 6. If the hearing officer determines that there was no probable cause, the hearing officer shall prepare and date a certificate of no probable cause, copies of which shall be given to the possessor of the vehicle and the police department. Upon receipt of the certificate, the garage or impound lot having custody of the vehicle shall release the vehicle to its possessor. Towing and storage fees shall be paid by the Town in accordance with the arrangements made between the Town and the garage or impound lot. If the possessor fails to present such certificate to the garage or impound lot within twenty four (24) hours of receipt, excluding such days when the garage or impound lot is closed, the possessor shall assume liability for all subsequent storage charges. The certificate shall advise the possessor of such requirement. Section 3. Section 7-3A-5 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 7-3A-5: UNKNOWN OWNER; NOTICE TO STATE If an officer, agent, or employee of the Town removes a vehicle from a public way and is not able to ascertain the name of the owner thereof, or for any other reason is unable to give the notice to the owner as provided in Section 7-3A-4, and the vehicle is not returned to the owner within a period of three (3) days, the Town Manager shall immediately send a notice to the Colorado Department of Motor Vehicles. The notice shall include a complete July 19, 2022 - Page 77 of 141 3 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX description of the vehicle, the date, time and place of removal, the reason for removal, and the name of the place where the vehicle is stored, with a request that the owner of the vehicle be notified immediately. Section 4. 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 5. The 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 6. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 7. 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 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 78 of 141 4 7/14/2022 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\TOWING-ORDINANCE.DOCX READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ______________, 2022. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 79 of 141 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 - An Ordinance A mending the A pproved Development plan for S pecial Development District No. 36, F our S easons Resort 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 J une 21, 2022, the revised application heard previously by the P E C on May 9, 2022, was presented to the Vail Town C ouncil. I n continuing the item to the J uly 19, 2022, public hearing, Town C ouncil members provided direction to the applicant team that an increase in tangible public benefit above what was proposed was necessary. The applicant has returned with a revised proposal as outlined in the staf f memorandum and related attachements. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Draft Ordinance No. 4, Series of 2022 Attachment B. Revised Project Narrative July 2022 (Term Sheet) Presentation 1 Presentation 2 public input July 19, 2022 - Page 80 of 141 TO: Vail Town Council FROM: Community Development Department DATE: July 19, 2022 SUBJECT: First reading of Ordinance No. 4, Series of 2022, an ordinance amending the Approved Development Plan for 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 amending the Approved Development Plan for 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. On April 5, 2022, the Vail Town Council voted (7-0) to remand the application back to the Planning and Environmental Commission for further review. July 19, 2022 - Page 81 of 141 Town of Vail Page 2 On May 9, 2022, a revised application that proposed to relocate the onsite housing to locations both within the Town of Vail and the adjacent Eagle-Vail community. A portion of the obligation was proposed to be satisfied through the purchase of seven (7) deed restrictions (2-bedroom units) in an existing multifamily building located in Eagle-Vail. The remainder of the obligation is proposed to be met through in-town deed restrictions. Following the applicant’s presentation and a lengthy discussion, the commission voted 4-1 (Lipnick opposed) to forward a recommendation of denial to the Town Council for the revised application. On June 21, 2022, the revised application heard previously by the PEC on May 9, 2022, was presented to the Vail Town Council. In continuing the item to the July 19, 2022, public hearing, Council members provided direction to the applicant team that an increase in tangible public benefit above what was proposed was necessary. II. ACTION REQUESTED OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2022, upon first reading. III. DESCRIPTION OF REVISED 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 off-site locations. 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 located within the Town of Vail. • Reconfiguring the underutilized dorm-style employee housing units into up to 13 additional hotel accommodation units (AUs); and • Reclassifying seven existing accommodation units into four dwelling units. • A $1 million contribution to the Town of Vail for the purpose of housing initiatives. • The purchase of deed restrictions on (7) two (2) bedroom dwelling units located int eh Vail Daily Building in Eagle Vail for the sum of $600,000. Alternatively, if this arrangement does not come to fruition the applicant will transfer the $600,000 to the Town of Vail, for housing related initiatives. 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 July 19, 2022 - Page 82 of 141 Town of Vail Page 3 changes to development standards such as setbacks, building height, site coverage, and landscaping. IV. RECOMMENDED MOTION 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 amending the Approved Development Plan for Special Development District No. 36, Four Seasons Resort, 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 Community Development Department recommends the Town Council include 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. 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 Community Development Department 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; July 19, 2022 - Page 83 of 141 Town of Vail Page 4 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.” V. ATTACHMENTS A. Draft Ordinance No. 4, Series of 2022 B. Revised Project Narrative July 2022 (Term Sheet) July 19, 2022 - Page 84 of 141 1 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX ORDINANCE NO. 4 SERIES OF 2022 AN ORDINANCE AMENDING THE APPROVED DEVELOPMENT PLAN FOR SPECIAL DEVELOPMENT DISTRICT NO. 36, FOUR SEASONS RESORT WHEREAS, ________________ (the "Applicant") owns the real property more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, Ordinance No. 21, Series of 2017, reestablished Special Development District No. 36, Four Seasons Resort ("SDD 36"); WHEREAS, on __________, the Applicant filed an application to amend SDD 36 (the "Application"); WHEREAS, amendments to a Special Development District are governed by Section 12-9A-10, Vail Town Code; WHEREAS, on March 14, 2022 and May 9, 2022, the Planning and Environmental Commission held a properly-noticed public hearing to consider the Application, and WHEREAS, at a properly-noticed public hearing on July 19, 2022, the Town Council considered the Application and the recommendation of the PEC and allowed for public comment on the Application. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Having considered the comments presented at the public hearing and the recommendation of the PEC, the Town Council hereby finds and determines as follows: a. The proposed amendments to SDD 36 comply with the design criteria outlined in Section 12-9A-8, Vail Town Code; b. The proposed amendments to SDD 36 comply with the standards listed Article 12-9A of the Vail Town Code, or that a practical solution consistent with the public interest has been achieved; c. The proposed amendments to SDD 36 are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the Town; d. The proposed amendments to SDD 36 are compatible with and suitable to adjacent uses and appropriate for the surrounding areas; and July 19, 2022 - Page 85 of 141 2 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX e. The proposed amendments to SDD 36 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. Section 2. Based on the foregoing findings, SDD 36 is hereby amended as follows: (all additions are illustrated with underlined italics, deletions are illustrated with strikethrough): 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 July 19, 2022 - Page 86 of 141 3 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX z. A-10.0.3 Building Height Calculations at Proposed Grades aa. A-11.0.1 Existing Circulations 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 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 as of the date of this Ordinance, 28 Type III Employee Housing Units are required, but upon conversion as described in Section 5, Item 29 below this amount may be reduced, but not below a minimum of 12 Attached Accommodation Units – 15 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 July 19, 2022 - Page 87 of 141 4 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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%). 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 of Special Development District No. 36, Four Seasons Resort shall be conditioned upon the developer's demonstrated compliance with the following approval agreements: July 19, 2022 - Page 88 of 141 5 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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 (subject to the conversion provisions of Section 5, Item 29 of this Ordinance), 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. This deed restriction shall be amended as provided in Section 5, Item 29 upon provision of off-site employee housing in replacement of on-site employee housing. 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. 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. July 19, 2022 - Page 89 of 141 6 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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. 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. July 19, 2022 - Page 90 of 141 7 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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. 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: July 19, 2022 - Page 91 of 141 8 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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 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. July 19, 2022 - Page 92 of 141 9 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 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. This requirement has previously been satisfied and shall not apply to conversion of on-site employee housing to off-site employee housing as provided in Section 5, Item 29 of this Ordinance. 29. The applicant shall have the right and option, but not the obligation, to convert up to 16 of the on-site dormitory room EHUs to Accommodation Units by replacing on-site EHUs with off-site EHUs. Prior to issuance of a certificate of occupancy for the conversion of any of the existing dormitory rooms, the applicant shall record with the Eagle County Clerk and Recorder an employee housing deed restriction, in a form approved by the Town, corresponding to the square footages in Table 23-2 for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. Up to 15.75 employees may be mitigated by recording deed restrictions on properties located in Eagle-Vail; all other employees required to be mitigated as a result of conversion of dormitory rooms shall be mitigated by recording deed restrictions on properties located within the Town. The applicant shall not be required or obligated to convert any dormitory room, and a conversion of dormitory rooms shall not require any future or further conversion of dormitory rooms. 30. Within ten (10) business days of the conclusion of the appeal period of the approval of the SDD Amendment, Extell shall be required to contribute $1 million to the Town of Vail; said contribution is intended to create incremental employee housing by aiding in the acquisition of a parcel of land from CDOT and/or any other housing initiative in the Town of Vail’s sole discretion. Extell’s obligation with respect to this requirement shall be deemed fully satisfied upon the funds being transmitted to the Town of Vail. July 19, 2022 - Page 93 of 141 10 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 31. Within forty-five (45) days of the approval of the SDD Amendment, Extell shall close upon the transaction it has negotiated with the owner (“VD Owner”) of the Vail Daily Building in EagleVail. Pursuant to that transaction, Extell will pay $600,000 to VD Owner in exchange for VD Owner granting a deed restriction in favor of the Town of Vail. Said deed restriction shall encumber the seven (7) two (2) bedroom dwelling units currently existing on the premises. In the event VD Owner does not reasonably cooperate to effectuate the deed restriction transaction, Extell can fully satisfy its obligation with respect to this requirement by transferring $600,000 to the Town of Vail. 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 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 4. The 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 5. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 6. 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 19th day of July, 2022 and a public hearing for second reading of this Ordinance set for the 2nd day of August, 2022, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Kim Langmaid, Mayor ATTEST: ____________________________ July 19, 2022 - Page 94 of 141 11 7/14/2022 HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/COMMUNITY DEVELOPMENT/BOARDS/TOWN COUNCIL/ORDINANCES/22/ORDINANCE NO. 4 SERIES OF 2022 (SDD NO. 36, FOUR SEASONS) FIRST READING.DOC.DOCX 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 July 19, 2022 - Page 95 of 141 EXTELL DEVELOPMENT COMPANY 805 THIRD AVENUE, 7TH FLOOR NEW YORK, NY 10012 T. 212 712 6000 F. 212 712 6100 WWW.EXTELL.COM Four Seasons 2022 SDD Amendment Term Sheet Revisions to existing SDD: • Convert seven (7) existing hotel keys to four (4) new condos • Create a system to replace up to 16 onsite deed-restricted employee dorm rooms (32 beds) with offsite deed restrictions located solely within the Town of Vail • If replaced with offsite deed restrictions, reconfigure such employee housing unit(s) into hotel accommodation unit(s); said conversion(s), along with converting some administrative office space, may create up to 13 new hotel rooms Extell’s Mitigation: • Within ten (10) business days of final unappealable approval of the SDD Amendment, Extell shall be required to contribute $1 million to the Town of Vail; said contribution is intended to create incremental employee housing by aiding in the acquisition of a parcel of land from CDOT and/or any other housing initiative in the Town of Vail’s sole discretion. Extell’s obligation with respect to this requirement shall be deemed fully satisfied upon the funds being transmitted to the Town of Vail. • The $1 million payment in the preceding bullet point shall be made prior to any of the four (4) new individual condos being deeded to their respective residential purchasers. • Within forty-five (45) days of final unappealable approval of the SDD Amendment, Extell shall close upon the transaction it has negotiated with the owner (“VD Owner”) of the Vail Daily Building in EagleVail. Pursuant to that transaction, Extell will pay $600,000 to VD Owner in exchange for VD Owner granting a deed restriction in favor of the Town of Vail . Said deed restriction shall encumber the seven (7) two (2) bedroom dwelling units currently existing on the premises. In the event VD Owner does not reasonably cooperate to effectuate the deed restriction transaction, Extell can fully satisfy its obligation with respect to this requirement by transferring $600,000 to the Town of Vail, which they can use for any housing initiative in their sole discretion. • Prior to issuance of a certificate of occupancy for the conversion of any of the existing dorm rooms, Extell 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 of the Town Code for each employee. Each dormitory room repurposed equates to two employees for the purposes of mitigation. All employees required to be mitigated as a result of conversion of dorm room EHUs shall be mitigated by recording deed restrictions on properties located within the Town of Vail. July 19, 2022 - Page 96 of 141 PRESENTATION BY Jonathan Spence Planning Manager Four Seasons Employee Housing July 19, 2022 - Page 97 of 141 Existing Town of Vail | PEC22-0012| vailgov.com Currently the Four Seasons has 28 dormitory style rooms that provide housing for two employees for a total of 56 employees. 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. July 19, 2022 - Page 98 of 141 Initial Proposal Town of Vail | PEC22-0012| vailgov.com The initial proposal from the applicant involved the conversion of 16 existing dormitory rooms to hotel rooms with the associated housing responsibilities for 32 employees to be accommodated through deed restrictions on existing down valley homes/units. Employee #s is a metric that can be utilized for housing obligations stemming from both Inclusionary Zoning and Commercial Linkage programs. Employee numbers are related to bedrooms and square footage through Table 12-26-3 July 19, 2022 - Page 99 of 141 Current Proposal Town of Vail | PEC22-0012| vailgov.com The current proposal includes: •Replacing up to 16 underutilized onsite deed-restricted employee housing units (EHUs) with offsite deed restrictions located within the Town of Vail. Each EHU (Dorm Room) equates to two (2) employees. The total number of units and square footage deed restricted would be based on the configuration of available units but would meet the requirements of Table 23-2. This is a net increase over existing square footage but not an amount in excess of the code requirement. • A $1 million contribution to the Town of Vail for the purpose of housing initiatives. • The purchase of deed restrictions on (7) two (2) bedroom dwelling units located int eh Vail Daily Building in Eagle Vail for the sum of $600,000. Alternatively, if this arrangement does not come to fruition the applicant will transfer the $600,000 to the Town of Vail, for housing related initiatives. July 19, 2022 - Page 100 of 141 Thank you July 19, 2022 - Page 101 of 141 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 July 19, 2022 - Page 102 of 141 You asked us to be a housing partner. You asked us to: -Deed-restrict beds in the Town of Vail for 32 employees –for the 32 underperforming beds in current onsite dorm units -Help the Town create community by meeting current code of square footage required -Contribute to incremental housing need -Do something significant -Move forward with your proposal to deed- restrict EagleVail’s Vail Daily building housing units in addition to the beds to be deed- restricted in Vail July 19, 2022 - Page 103 of 141 Amendments to SDD #36 result in housing quality of life improvements and economic revenue generators A $1 million immediate cash contribution,which can be applied to CDOT parcel acquisition (or any other housingproject)for incremental employee housing. New deed restrictions for 15.75 employees via the Vail Daily Building in EagleVail (an incremental 7 two-bedroomunits;7,713 sf);closing anticipated 45 days after approval.If the Vail Daily owner defaults,the Town shall receivethecontractamountinstead.Rental priority for employees in Town of Vail. $229,000 of transfer taxes paid immediately (based on the 4 condos closing at an average of $2,000 squarefeet/unit.) Sales/use tax on 4 condo renovations ($4.5+MM in construction cost expected.) Sales/use tax on 4 condo furnishings/decorations ($1.5+MM in FF&E cost expected). Sales/occupancy tax on $2.5 MM of expected incremental rental revenue from the 4 new condos. Additional impact to other Vail businesses:brokerage commissions,additional rental/owner expenditures at otherrestaurants/shops/etc. Offsite replacements for any converted dorm rooms would be solely in the Town of Vail;converting 16 dorm roomswouldequateto28deedrestrictedbedroomswitharequiredminimum,per Town of Vail Code,of 11,204 squarefeet,or 32 employees. Sales/construction use tax on dorm room conversion (~$10 MM in cost expected.) Sales/lodging tax on $1.7 MM of expected incremental room revenue from 13 new hotel rooms;additional sales taxonincrementalfood/beverage/spa revenue. July 19, 2022 - Page 104 of 141 Total employee mitigation for Four Seasons: 77.5 employees, plus 6 additional attributable to CDOT parcel contribution (Approximately 40% of employees) July 19, 2022 - Page 105 of 141 Clarifying the Deed Restriction Exchange Program Exchange EHUs: Up to 16 dorm rooms totaling 5,260 sf As Staff has made clear, this provision of the Town Code does not apply to this situation; however, even if it did, we more than comply with it. Proposed EHUs: CDOT Parcel Estimate: 2,101 sf [6 employees at 350 sf/employee] Vail Daily Building: 7,713 sf Estimated 8 Two-Bedrooms in Vail: 6,304 sf [Code Minimum sf] Estimated 4 Three-Bedrooms in Vail: 4,900 sf [Code Minimum sf] Estimated Total: 21,018 GRFA Exchange Ratio: 4.00xJuly 19, 2022 - Page 106 of 141 Proposed Amendments to SDD No. 36 Part A Reconfiguring an administrative office into 2 additional hotel accommodation units (AUs); Reclassifying 7 existing and underperforming AUs into 4 dwelling units (DUs). As further detailed in our application, these changes would not result in any incremental parking requirements or employee generation. A $1 million immediate cash contribution,which canbeappliedtoCDOTparcelacquisition(or any otherhousingproject)for incremental employee housing. New deed restrictions for 15.75 employees via theVailDailyBuildinginEagleVail(an incremental 7 two-bedroom units;7,713 sf);closing anticipated 45 daysafterapproval.If the Vail Daily owner defaults,theTownshallreceivethecontractamountinstead.Rental priority for employees in Town of Vail. Part B Maintaining 12 onsite dorm rooms (24 beds) for J1s, H2Bs and temporary employees because we are confident this is the right number of dorm rooms that can continue to be utilized; A system to replace the other 16 underutilized onsite deed-restricted employee dorm rooms (32 beds/employees) with offsite deed restrictions located solely within the Town of Vail; Removing the 16 onsite dorm rooms would be replaced with approximately 28 deed-restricted bedrooms within units that have adequate living, kitchen, bedroom and bathroom spaces; Reconfiguring the 16 underutilized employee housing units into 11 hotel accommodation units (AUs): an offsite deed restriction in the Town of Vail must occur before a hotel accommodation conversion can occur. July 19, 2022 - Page 107 of 141 Housing Partner = Doing Something Significant Thank You July 19, 2022 - Page 108 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Vail Daily Apartment Letter for Tuesdays Town Council Meeting Date:Monday, July 18, 2022 12:26:52 PM Attachments:Letter to Vail Town Council 20220719.docx image002.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Robert Brown <rbrown@questorcorp.com> Sent: Monday, July 18, 2022 11:26 AM To: Council Dist List <TownCouncil@vailgov.com>; Jonathan Spence <JSpence@vailgov.com> Subject: Vail Daily Apartment Letter for Tuesdays Town Council Meeting Vail Town Council: Please accept the attached letter regarding your discussion about the Four Seasons and the Vail Daily Building apartments Tuesday at your council meeting. I regret I’m unable to attend but if there are questions for me please don’t hesitate reaching out. Best regards, Bob “Champion the Power of People to improve Communities” July 19, 2022 - Page 109 of 141 Robert Brown PO Box 4440 • Edwards, Co • 81632 970-390-4651 July 19, 2022 - Page 110 of 141 970-390-4651 • rbrown@peak8150consulting • PO Box 4440 Edwards, Co 81632 July 18, 2022 Dear Vail Town Council: This is Bob Brown past publisher of the Vail Daily and president of Swift Communications. With the recent sale of Swift’s newspaper assets, Swift now operating under the name of Questor, Corp owns many real estate assets includ- ing the Vail Daily building in Eagle Vail. I am the representative for Questor and as a 30-year resident of the Vail and Eagle River Valley area I empathize with the housing issues confronting our staffs throughout our region. I have been in conversation with the Town of Vail’s housing department for most of this year regarding options to secure the Vail Daily’s housing units as dedicated for Eagle County employees. I appreciate their guidance to work with the Four Seasons and I see our collaborations as a positive outcome toward helping with our local housing cri- sis. The Vail Daily’s units are quite spacious 1000-1100 square feet with private laundries, ample parking and dedi- cated storage. This would seem to be very much in line with the goals of the Vail Indeed program so keeping these units in the pool for Vail locals seems like an excellent opportunity that I hope you’ll approve at your meeting on Tuesday, July 19th. Sincerely, Bob Brown July 19, 2022 - Page 111 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Resident´s Feedback on Four Season Authorization Date:Monday, July 18, 2022 12:31:40 PM Attachments:image004.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Santiago Aranguren Tréllez <saranguren@arancia.com.mx> Sent: Monday, July 18, 2022 12:18 PM To: Jonathan Spence <JSpence@vailgov.com>; Council Dist List <TownCouncil@vailgov.com> Subject: Resident´s Feedback on Four Season Authorization Dear Town of Vail Council and Planner Spence: My name is Santiago Aranguren. My wife and I have a preliminary agreement with the Four Seasons to buy one of the dwelling units they are proposing to convert from hotel rooms should you approve their SDD Amendment application. I write to respectfully ask Council to authorize this conversion as well as their proposal to enhance workforce housing, as I believe all application elements will be very beneficial to the Town, the community employees and all parties involved. July 19, 2022 - Page 112 of 141 A brief background about ourselves. My wife Maria Jose and I have been Vail residents since 2018, when we bought a fractional ownership at Four Seasons Vail. We have been married for 27 years and have five children. My business background is in foodservice, logistics and real estate. I work in Arancia, my family´s office. My personal interest is mainly education, where I help in different organizations. My wife is a psychological therapist working with adolescents and middle-aged adults. We are both avid skiers and hikers and have completed several marathons. After some years enjoying Vail, we decided to upgrade to a full ownership and Vail was the perfect fit with our lifestyle and values - and a purposeful means to spend more time here to give back to the community that has given us so much. We are very excited, pending your approval, to become full owners at Four Seasons Vail. Through these years, our experience with the resort and the town have been very similar. Indeed I can draw many parallels in how both are well run and committed to excellence, their people and the environment. I honestly think Vail is fortunate to have such a tremendous resort partner. Obviously the Four Seasons is also fortunate to be in such a community with a progressive and well-run government. I applaud the Four Seasons ownership for taking nearly two years to work with the Town on these issues. The aim is not only to convert underperforming hotel rooms into condos but also for stepping up to address underperforming dorm-style units - although it’s my understanding that they didn’t have to. I took the time to watch some of the public meetings and listen to the feedback. Frankly, some of the dialogue toward a well-intended resort partner has been very surprising. It seems Council considered withholding this authorization to “barter” a better agreement on employee housing. The word leverage was mentioned at some point. While this dialogue made me uncomfortable, I truly hope you see the sincerity in their response with such a substantial benefit package, which I understand is well beyond their requirements. I humbly implore Council to appreciate the proposal that will be presented July 19, 2022 - Page 113 of 141 before you and approve it. Undeniably, I have a personal interest in this authorization. Still, trying to be objective, it seems to me the incremental revenues the Town will receive because of all the continued investment in the property and in the town are important, especially in these strange and volatile economic times. More importantly, the proposal regarding the employee housing is a good step to improve a housing problem amidst a housing crisis. As a last point, I have also observed the Town’s current dispute with Vail Resorts. Of course this issue is very convoluted. I don’t claim to remotely have an understanding on the issues, and won´t venture taking sides or forming an opinion. I do know, however that an agreement with Four Seasons tomorrow can show how a successful partnership can be achieved between the Town Government and another community member by having candid conversations, being reasonable and keeping the good of the community in mind. I thank you immensely for taking the time to read and consider my thoughts. I remain, Yours truly, Santiago Aranguren. Por este medio se le comunica que Arancia Corporativo, S.A. de C.V. (“ACORP”), con domicilio en la calle López Cotilla 2032, Mezanine, Colonia Arcos Vallarta, C.P. 44130, en Guadalajara, Jalisco, México, es la responsable del uso y protección de sus datos personales. En términos de la Ley Federal de Protección de Datos Personales en Posesión de los Particulares y su Reglamento, los datos personales recabados del correo electrónico de ACORP serán utilizados para desarrollar y administrar óptimamente la relación comercial o laboral que ACORP tiene con usted y realizar las transferencias de datos personales que indica nuestro Aviso de Privacidad Integral, a fin de dar cumplimiento a las obligaciones adquiridas con usted. Para mayor información sobre el uso de datos personales y la forma de ejercer sus derechos ARCO, puede consultar nuestro aviso de privacidad integral en: www.arancia.com.mx o solicitarlo al correo electrónico avisodeprivacidad@arancia.com.mx Este mensaje y sus anexos pueden contener información confidencial. Si usted no es el destinatario de este mensaje (o la persona responsable de entregarlo a su destinatario), se le notifica que cualquier revisión, transmisión, copiado u otro uso o acto basado en su contenido y anexos, están prohibidos, por lo que le suplicamos lo notifique al remitente mediante un correo electrónico y que borre el presente mensaje y sus anexos de su computadora sin retener una copia de los mismos. Gracias. July 19, 2022 - Page 114 of 141 By this means you are informed that Arancia Corporativo, S.A. de C.V. (“ACORP”), with address at Lopez Cotilla 2032, Mezanine, Arcos Vallarta, C.P. 44130, in Guadalajara, Jalisco, México, is responsible for the use and protection of your personal information. In terms of the Ley Federal de Protección de Datos Personales en Posesión de los Particulares and its regulations, the information collected from the email of ACORP will be used to develop and manage the commercial or labor relationship that ACORP has with you, and make the transfers of personal data established in our Notice of Privacy, in order to comply with the obligations acquired with you. For more information on the use of personal information and how to exercise your ARCO rights, you can consult our Notice of Privacy in www.arancia.com.mx or request it to the email avisodeprivacidad@arancia.com.mx This message and any attachments hereof may contain information which is confidential. If you are not the intended recipient(s) hereof (or the agent responsible for the delivery to the intended recipient[s]), you are hereby notified that any review, transmission, copying or other use of, or taking of any action in reliance upon, the information contained in this message and its attachments, is prohibited, and please immediately advise the sender by reply e-mail and delete this message and its attachments from your computer without retaining a copy. Thank you. July 19, 2022 - Page 115 of 141 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: in support of the Four Seasons" employee housing exchange Date:Tuesday, July 19, 2022 8:57:50 AM Attachments:image001.png image003.png Tammy Nagel Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Stephen Connolly <sfcvail@hotmail.com> Sent: Tuesday, July 19, 2022 12:13 AM To: Council Dist List <TownCouncil@vailgov.com> Cc: George Ruther <GRuther@vailgov.com> Subject: in support of the Four Seasons' employee housing exchange While I am adamant about having all new build housing being WITHIN the Town’s boundaries, a number of my fellow residents seem to have no problem putting people on busses for a three hour daily commute back and forth to Gypsum. That was never in my dream of living at a ski resort, and I don’t think it is in anyone else’s. I don’t see this as a reason NOT to approve the exchange. While I feel East to West Vail is what works best for most employees, especially those in the bar and restaurant biz, this is housing for Four Seasons employees. It is incumbent upon the employer to figure out the transportation factor, which is usually my biggest concern with going down valley July 19, 2022 - Page 116 of 141 causing a negative impact environmentally. And not part of the dream. It’s becoming very clear that housing is an issue everywhere in America. We have a distinct set of needs: the seasonal short timer – J1, college student gap year, “coming for just one season”; the people who have made it past a couple of years and looking to stay longer, thus becoming a “real” member of our community; and the family ready to buy. The family is what Council seems to be most focused on. Not a bad target at all, but we need to acknowledge the fact that historically there has always been an attrition factor. Life happens. Not everyone has the mental make up to live in a small town that is also an international destination. Some people stop skiing. Some of us are luckier than others. But I digress. None of the arguments against this proposal are valid. This is a net gain for the town - $1 million. Which I guess is at least five indeed homes. What is the max number? Please approve the request. sfc Stephen Connolly sfcvail@hotmail.com 970-376-5798 (cell) 970-476-6826 (phone and voicemail) Looking for a great little Bed and Breakfast in Vail? https://airbnb.com/h/vailbnb A Superhost since 2016. Rethink * Reduce * Reuse * Recycle July 19, 2022 - Page 117 of 141 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. 14, Series of 2022, S econd Reading, B udget Supplemental No. 2, an ordinance making budget adjustments to the Town of Vail General Fund, Capital P rojects Fund, Real Estate Transfer Tax Fund, Housing F und, Marketing Fund, Dispatch S ervices Fund, Heavy E quipment F und, and Residences at Main Vail F und of the 2022 B udget for the Town of Vail. P RE S E NT E R(S ): Carlie Smith, Deputy Director of F inance AC T IO N RE Q UE S T E D O F C O UNC I L: Approve, approve with amendments, or deny Ordinance No. 14, S eries 2022. B AC K G RO UND: P lease see attached memorandum. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments, or deny Ordinance No. 14, S eries 2022. AT TAC H ME N TS: Description 220719 2nd Supplemental, 2nd Reading July 19, 2022 - Page 118 of 141 TO: Vail Town Council FROM: Finance Department DATE: July 19, 2022 SUBJECT: Second Supplemental Appropriation of 2022 I. SUMMARY During Tuesday evening’s session, you will be asked to approve the second reading of Ordinance No. 14 making supplemental appropriations and adjustments to the 2022 budget. II. DISCUSSION Changes to the budget supplemental request from the first reading Included in Capital Projects Fund during the first reading was $35,000 for the final clean-up and drainage improvements near the boulder wall along the east side of the Charter Bus Lot /Children’s Garden of Learning (CGL). Since then, bids for this project have come in much higher than what was expected, with a total cost of $160,000. Staff is requesting an additional $35,000 and will use savings form the CGL project to cover the gap in budget. This will be reimbursed by the Vail Reinvestment Authority. Also included in the Capital Projects Fund is a transfer of $5,532,702 to the Housing Fund. Prior to January 1st, 2022, the Housing Fund was only accounted for on a budget basis and considered part of the Capital Projects Fund within the town’s annual financial statements. With the passing of the dedicated housing sales tax the Housing Fund is now considered its own fund for both budget and financial reporting purposes according to Government Accounting Standards. This transfer establishes the beginning available balance in the Housing Fund for the financial statements as it’s been presented in previous budget documents. This will have no net impact to the overall budget. In the 1st reading of the supplemental $50,000 was requested in the Timber Ridge Fund to begin the redevelopment of Timber Ridge. Staff has shifted this expenditure from the Timber Ridge Fund to the Capital Projects Fund. This will have no net impact to the overall budget. During the first reading of the supplemental Council requested funding to engage in a feasibility study for wildlife crossings east of Dowd Junction as a continuation of the Safe Passages for Wildlife project. Included in the Real Estate Transfer Tax fund is a placeholder of $175,000 to July 19, 2022 - Page 119 of 141 - 2 - partner with the Colorado Department of Transportation (CDOT) on a study that would for preliminary engineering and design on this project. Additionally, the RETT fund includes $70,000 for repairs and maintenance and the Golf Course Clubhouse. This includes exterior painting and trim staining, a forensic study of the roof and the sewage system, as well as placeholder of funds to address needed repairs as a result of the study. III. ACTION REQUESTED FROM COUNCIL Approve, approve with amendments or deny Ordinance No. 14, Series 2022 upon second reading. Repeated from the 1st Reading on June 6th General Fund Updated Revenue Projections With continued record-level sales tax collections, staff proposes a $2.05 million increase in budgeted sales tax, with 62%, or $1,271,000 going to the General Fund and 38% or $779,000 to the Capital Projects Fund. The amended budget for the 4.0% sales tax budget totals $39.95 million, up 16% from 2021 actual collections. Corresponding increases are also proposed for the following: $725,000 in Lift Tax, $417,000 in the town’s share of county sales tax, $900,000 in parking revenues and $98,000 in franchise fees. In total budget revenues in the General Fund will be increased by $3,434,588. Aside from the increases listed above, this total includes several project reimbursements:  $16,100 use of Friends of the Library donations towards special programs, the Friends of the Library fundraising event, bus advertisements, and upgrades to the tech studio including new virtual reality googles and a laser cutter.  $2,500 reimbursement from the Elevation building project for Community Development and Fire staff to travel to UCLA in Los Angeles to review proposed parking “Lift” system.  $3,188 scholarship from the state of Colorado to go towards tuition costs police academy.  $1,800 for the library to host the Colorado Public Library Directors dinner. This is offset by a reimbursement from attendees. General Fund expenditures are proposed to increase by $577,056 of which $23,588 will be reimbursed listed above. The remaining $553,468 includes:  $8,736 increase in budgeted personnel expenditures to reflect additional hours to convert a part time Economic Development staff to a full-time Fixed Term position to assist with Destination Stewardship Plan project and coverage during another staff member’s leave.  $17,900 to continue the weekend occupancy straw poll report.  $105,000 additional attorney fees based on year-to-date activity.  $154,000 in increased utility expenses based on year-to-date activity. This increase is shared between natural gas ($81K) and electricity ($73K).  $53,250 for support services for the town’s security camera software. This increase corresponds to a decrease in the Capital Projects Fund (where originally budgeted).  $50,604 in delayed invoices from Vail Resorts for 2021 shared snowmelt bills.  $30,000 for additional community outreach for the Destination Stewardship Plan July 19, 2022 - Page 120 of 141 - 3 -  $30,000 for a Police grant to support the Hope Center of Eagle River Valley  $20,000 to increase the Police professional development budget due to the increases in the costs to attend training classes, costs of travel, as well as the number of new officers needing to attended classes.  $17,500 for a website audit to comply with American Disabilities Act (ADA) requirements. Additional funds will be requested as part of the 2023 budgeted to implement changes and updates to the town’s website as a result of the audit.  $14,000 for “Work from Home” campaign bills unpaid from 2021.  $5,478 for a delayed 2021 bill for the West Vail Master plan.  $10,000 for an unexpected fire hose replacement. Replacements for fire hoses were delayed during 2020 and 2021 due to budget reductions and supply chain issues. A total of $22,000 of police seizure funds will be used for the purchase of a K9-compatible vehicle ($20,000) and K9, Echo ($2,000). The vehicle will be purchased from the Capital Projects Fund and will be included in the PD take-home vehicle fleet. A total of $228,162 will be transferred to the Real Estate Transfer Tax Fund, Dispatch Services Fund, and the Heavy Equipment Fund which represents a distribution of salary and benefit increases that were budgeted entirely in the town’s General Fund as a placeholder for market adjustments across the organization. Lastly, $8,000 of funds allocated to cultural heritage programs will be transferred to the Marketing Fund as an event contribution for Pioneers Weekend. This will have no net impact to the overall budget. The above adjustments to the General Fund 2022 budget result in an estimated fund balance of $49.8 million by the end of 2022, or 90% of annual revenues in a normal year. Capital Projects Fund Budgeted revenues will be adjusted by $1,094,000. Of this, $779,000 is from an increase in sales tax projections and the remaining $315,000 includes a $20,000 transfer from police seizure funds for the purchase of a K9 vehicle and $295,000 to reflect the sale of Vail Heights #7, a current Town of Vail employee rental that was originally purchased in 2015. This unit will be sold to a Town of Vail employee or Vail resident. Staff is requesting to supplement 2022 expenditures by a total of $1,448,522 which includes the following:  $16,823 for police department vehicle safety equipment for four sergeant patrol vehicles. Currently the PD has only one set of safety equipment which is checked out during a sergeant’s patrol shift, moving from vehicle to vehicle. Equipping each sergeant patrol vehicle with the same safety equipment will improve the PD’s ability to have equipment on scene. A total of five vehicles will be fully equipped with equipment which includes tactical shields, launcher, door jam, and breaching kit. This equipment has an approximate ten-year replacement schedule.  $35,000 for the final clean-up and drainage improvements near the boulder wall along the east side of the Charter Bus Lot /Children’s Garden of Learning.  $75,000 for the collection of “big data” and public outreach for the upcoming Transportation & Mobility Master Plan update.  $30,000 to supplement the Electric Vehicle charging infrastructure budget. Costs to add four additional chargers (two at the Municipal building and two at the West Vail Fire July 19, 2022 - Page 121 of 141 - 4 - Station) have come in higher than expected due to electrical upgrades needed at the fire station. The total cost of this project is estimated to costs $112,300 and includes installation, electrical infrastructure, Chargepoint equipment in addition to Chargepoint subscription and software.  A reduction of $53,250 in budget to offset the increase in the General Fund for the town’s security camera software support. This has a net zero effect to the overall budget.  $166,300 is requested to be moved to the 2022 budget to purchase a replacement Type 6 brush truck that was originally scheduled to be replaced in 2023. This will allow the truck to be ordered in 2022 and delivered in 2023.The current Type 6 brush truck is approximately 10 years old.  A $30,000 placeholder to fund program adjustments to the town’s business licensing software needed for potential changes in the business licensing structure for the new loading and delivery program.  $5,000 to update the town’s Short-Term Rental (STR) software for the new STR license requirements approved by Council on 6/14.  $1,152,000 to purchased two units added to the town’s employee rental inventory which includes Vail Heights #11 ($540,000) and Pitkin Creek 5-L ($612,000). These units were previously approved by Council. Staff is also recommending to shift the tracking of expenditures for town employee rental unit purchases back to the Capital Projects Fund and instead utilize the Housing Fund only for community-wide housing programs and purchases. The shift will result in a decrease of $1,420,000 in the transfer to the Housing Fund and an increase of $1,955,000 in expenditures. Corresponding changes will be reflected in the Housing Fund and have no effect on the overall budget. Additional information on this recommendation is included in the Housing Fund below. All of the above adjustments will result in an estimated fund balance of $30.4 million by the end of 2022. Real Estate Transfer Tax (RETT) Fund Budgeted revenues will be adjusted by an increase of $140,182. The increases include:  A $40,000 reimbursement from Eagle County to be used for wildfire mitigation projects in Vail.  The use of $25,000 in bag fee revenues for personnel costs to extend the environmental department’s waste education internship, purchase additional re-useable bags, and market the business compost program.  A transfer from the General Fund of $75,182 which represents a distribution of salary and benefit increases previously budgeted in entirety within the General Fund. Staff is requesting to supplement expenditures by a total of $613,882 of which $140,182 corresponds to reimbursements above. The remainder includes the following:  $100,000 moved forward from the 2023 budget in an effort to mitigate all town buildings for wildfire during 2022, rather than $100,000 per year over three years.  $50,000 to replace swing sets at four parks to address critical safety concerns: Buffehr, Donovan, Big Horn and Ellefson  $95,000 to increase the budget to update the Ford Park Master Plan as approved by Council on June 21. The total contract is $201,000.  $25,000 to participate in a regional wildfire camera pilot program July 19, 2022 - Page 122 of 141 - 5 -  $14,700 for the Colorado Communities for Climate Action Retreat hosted by Vail. The total costs of this year’s retreat was $30,000 and was attended by 67 participants over three days. This retreat has been hosted in Vail for 8 years (with the exception of the 2020 and 2021 due to the pandemic).  $27,000 to partner with Zinc media to film a documentary series about Vail’s sustainability practices called “Sustainable Travel – Where Next?”  $12,000 to fund an Environmental Sustainability intern for the summer season.  $5,000 for the sponsorship of the Global Meeting of the Mountain Partnership for a 1-day field trip and lunch event in Vail in coordination with the event held in Aspen in September. Vail is a member of the Mountain Partnership — a United Nations voluntary alliance of partners dedicated to mountain peoples and environments — Vail will be represented by Mayor Langmaid. The above adjustments will result in an estimated fund balance of $17.1 million at the end of 2022. Housing Fund The proposed amended budget includes $1,611,228 to purchase two units that will be resold to a Vail resident after the buy-down of the unit. The two units included the following:  Pitkin Creek Unit 12L approved by Council and purchased for $976,288. This unit has an estimated deed restricted sale price of $635,000  Chamonix Unit B was approved by Council and purchased for $635,000 and will be sold to $635,000. The Housing Fund also reflects an additional $425,000 of the 0.5% dedicated housing sales tax. A total of $4,500,000 is reflected in the 2022 budget to fund community housing projects and programs. The $4,500,000 has been allocated within the supplemental so that it will be available for various housing programs and purchases throughout the year. Staff is also recommending to shift the tracking of expenditures for town employee rental unit purchases back to the Capital Projects Fund and instead utilize the Housing Fund only for community-wide housing programs and purchases. Town rental units are currently funded in full by a transfer from the Capital Projects Fund to the Housing Fund. By making this shift staff believes it will be more transparent to the public to view how the new Housing Sales Tax Funds are being utilized. This change will result in a decrease in the transfer from the Capital Projects Fund to the Housing Fund by $1,420,000 and reflect a decrease in expenditures of $1,955,000, the total cost of the units purchased in 2022 and are being utilize within the town’s employee rental inventory. Corresponding adjustments will be made to the Capital Projects Fund. This change will have no net effect on the total budget. The above adjustments will result in an estimated fund balance of $184,705 at the end of 2022. Residences at Main Vail Fund The Residences at Main Vail budget reflects a decrease of $653,057 in the total expenditures that were reappropriated from 2021 during the 1st supplemental. This is due to final 2021 bill payments made after the 1st supplemental. It is not a reduction in the total project expenditures but rather a timing difference of payments between years. July 19, 2022 - Page 123 of 141 - 6 - Marketing Fund The Marketing fund reflects a transfer of $8,000 from the General Fund Culture and Heritage funds to fund the Vail Pioneer event. Heavy Equipment Fund Staff is requesting to supplement budgeted expenditures by a total $239,934. This includes the following:  $151,000 to increase the fuel budget as a result of increased oil prices.  $40,000 for new loader and freightliner equipment chains. The town’s previous supplier is no longer in business causing an increase in the cost. Budgeted adjustments also include a transfer of $36,733 from the General Fund which represents a distribution of salary and benefit increases previously budgeted in entirety within the General Fund. Dispatch Services Fund Budgeted adjustments in the Dispatch Service Fund include a transfer of $81,427 from the General Fund which represents a distribution of salary and benefit increases previously budgeted in entirety within the General Fund. Timber Ridge Fund Staff is requesting $50,000 as part of the predevelopment agreement to begin the redevelop Timber Ridge. July 19, 2022 - Page 124 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue Local Taxes: 30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ Sales Tax Split b/t Gen'l Fund & Capital Fund 62/38 62/38 62/38 Sales Tax 19,034,000 4,466,000 23,500,000 1,271,000 24,771,000 Property and Ownership 6,014,631 6,014,631 6,014,631 Ski Lift Tax 5,448,196 100,000 5,548,196 725,000 6,273,196 Franchise Fees, Penalties, and Other Taxes 1,693,618 1,693,618 98,000 1,791,618 Licenses & Permits 2,186,704 2,186,704 2,186,704 Intergovernmental Revenue 2,350,723 265,000 2,615,723 420,188 3,035,911 Transportation Centers 6,608,758 550,000 7,158,758 900,000 8,058,758 Charges for Services 1,071,297 1,071,297 1,071,297 Fines & Forfeitures 206,566 206,566 206,566 Earnings on Investments 200,000 200,000 200,000 Rental Revenue 1,119,843 17,336 1,137,179 1,137,179 Miscellaneous and Project Reimbursements 251,000 53,934 304,934 20,400 325,334 Total Revenue 46,185,336 5,452,270 51,637,606 3,434,588 55,072,194 Expenditures Salaries 23,041,583 1,275,000 24,316,583 (265,698) 24,050,885 Benefits 8,075,454 250,000 8,325,454 2,496 8,327,950 Subtotal Compensation and Benefits 31,117,037 1,525,000 32,642,037 (263,202) 32,378,835 7.9% Contributions and Welcome Centers 284,611 284,611 284,611 Chilcare Program Funding 250,000 250,000 250,000 All Other Operating Expenses 9,036,237 718,452 9,754,689 489,842 10,244,531 Heavy Equipment Operating Charges 2,816,503 2,816,503 2,816,503 Heavy Equipment Replacement Charges 971,764 971,764 971,764 Dispatch Services 652,938 652,938 652,938 Total Expenditures 45,129,090 2,243,452 47,372,542 226,640 47,599,182 Surplus (Deficit) from Operations 1,056,246 3,208,818 4,265,064 3,207,948 7,473,012 One-Time Items: Federal Grants ARP Transit Grant (Operating)- 337,234 337,234 337,234 CRRSAA Transit Grant (Operating)1,658,768 - 1,658,768 1,658,768 American Rescue Plan Grant - 1,170,000 1,170,000 1,170,000 American Rescue Plan Initiatives (585,000) (585,000) (1,170,000) (1,170,000) Planning Projects Destination Stewardship Mgmt Plan (100,000) (100,000) (200,000) (30,000) (230,000) Vail 2050 Plan (50,000) - (50,000) (50,000) Civic Area/Dobson Master Plan (200,000) - (200,000) (200,000) West Vail Master Plan (225,000) - (225,000) (5,478) (230,478) Contributions Funded with Reserves Vail Chapel (500,000) - (500,000) (500,000) Mountain Travel Symposium (158,000) - (158,000) (158,000) Net Increase /(Decrease) due to One- Time Items: (159,232) 822,234 663,002 (35,478) 627,524 Transfer to Marketing & Special Events Fund (2,490,600) 73,515 (2,417,085) (8,000) (2,425,085) Transfer to Other Funds - - - (291,938) (291,938) Surplus (Deficit) Net of Transfers and One-Time Items (1,593,586) 4,104,567 2,510,981 2,872,532 5,383,513 Beginning Fund Balance 39,981,996 44,426,118 44,426,118 Ending Fund Balance 38,388,410$ 46,937,099$ 49,809,631$ As % of Annual Revenues 83% 91% 90% EHOP balance included in ending fund balance - not spendable 1,223,500$ 122,738$ 1,346,238$ 1,346,238$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE GENERAL FUND 7 July 19, 2022 - Page 125 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTotal Sales Tax Revenue: 30,700,000$ 7,200,000$ 37,900,000$ 2,050,000$ 39,950,000$ 2022: Adjusted for 2022 YTD thru April through November flat with 2021 Actuals; December down 5%Sales Tax Split between General Fund & Capital Fund62/38 62/38 62/38Sales Tax - Capital Projects Fund 11,666,000$ 2,734,000$ 14,400,000$ 779,000$ 15,179,000$ Sales tax split 62/38Use Tax 2,800,000 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 2022: Re-appropriate $1.5M traffic impact fee for Frontage Rd projectFranchise Fee 204,000 - 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 1,650,000 2022: Allocation from Hickenlooper/Bennet federal grant award for two additional electric busesOther State Revenue - 2,364,149 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 - 164,067 164,067 Per Vail Commons commercial (incr. every 5 years); adjusted to remove residential lease revenue ($38K)Employee Rental Housing Sales295,000 295,000 Sale of Vail Heights #7 (purchased in 2015)Project Reimbursement - 366,000 366,000 366,000 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 463,043 - 463,043 463,043 2021: Payoff of TR Loan (originally budgeted to be paid off in 2028)Earnings on Investments and Other 112,865 - 112,865 112,865 2021: 0.7% returns assumed on available fund balanceTotal Revenue 15,409,975 8,614,149 24,024,124 1,074,000 25,098,124 FacilitiesFacilities Capital Maintenance 489,500 6,000 495,500 495,500 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 835,000 714,407 1,549,407 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 2022: $300K to replace two HVAC units at Public WorksWelcome Center/Grandview Capital Maintenance 25,000 100,000 125,000 125,000 2022: $100K Furniture replacement in Vail Village Welcome CenterEmployee Rental Units - - 3,088,649 3,088,649 Transfer 2022 Employee Rental Units purchases to Capital FundEmployee Rental Capital Maint - - 25,000 25,000 Transfer 2022 Capital Main budget for town owned rental units to Capital FundSnowmelt Boilers Replacement 500,000 867,129 1,367,129 1,367,129 2021-2023: Re-appropriate for replacement of TRC 8 electric boilers (2 per year)Donovan Pavilion Remodel - 5,000 5,000 5,000 2022:Final Donovan Pavilion upgrades; 2021: Remodel and Upgrades to Pavilion; Relocation of HVAC systemPublic Works Shops Expansion - 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 Facilities1,849,500 3,819,852 5,669,352 3,113,649 8,783,001 TOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUND 8 July 19, 2022 - Page 126 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDParkingParking Structures 785,000 376,429 1,161,429 1,161,429 2020-2035: Various repairs including deck topping replacement, expansion joint repairs, ventilation, HVAC, plumbing and other structural repairsOversized Parking Area 2,000,000 100,000 2,100,000 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 - 1,510,410 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) - 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 2022: complete landscaping at the Lionshead parking structure ($30.3K); resealing and concrete replacementTotal Parking2,785,000 2,040,985 4,825,985 - 4,825,985 TransportationBus Shelters 30,000 30,000 30,000 Bus shelter annual maintenance; 2020 includes Lionshead transit center Westbound Bus shelterReplace Buses - 7,650,000 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 - - - 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 - 306,785 306,785 75,000 381,785 2022: $75K for big data analysis and public outreach on Transp. Master Plan update project. Municipal and Comm Dev Building Remodel; Replace HR heat system ($100K)Hybrid Bus Battery Replacement - 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 - 402,675 402,675 30,000 432,675 2022: Supplement $30K to include W Vail Fire Station charging station and 5 year subscription. 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 Transportation30,000 8,524,460 8,554,460 105,000 8,659,460 Road and BridgesCapital Street Maintenance 1,405,000 1,405,000 (25,000) 1,380,000 2022: Transfer $25K to bridge repairs. 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 75,000 219,369 294,369 294,369 Town-wide street light replacementSlifer Plaza/ Fountain/Storm Sewer - 71,417 71,417 71,417 2022: Re-appropriate $71.4K for water quality vault ongoing repairsVail Health / TOV Frontage Road improvements - 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 25,000 125,000 2022: Transfer $25K from Street Mtce to cover bridge repairs 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 - 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 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 - 1,463,175 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 Replacement of 18 yr. old streetscape and snowmelt infrastructure in Vail Village Total Road and Bridge1,480,000 6,569,669 8,049,669 - 8,049,669 TechnologyTown-wide camera system 30,000 30,000 60,000 60,000 $30K Annual maintenance 9 July 19, 2022 - Page 127 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDAudio-Visual capital maintenance 150,000 150,000 (53,250) 96,750 2022: Reduce audio visual budget for annual operating cost for security camera software support; 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 50,000 50,000 Annual maintenance, software licensing, and replacement schedule for scanners and servers includes $2.5K for LaserficheSoftware Licensing 700,000 700,000 700,000 Annual software licensing and support for town wide systemsHardware Purchases 75,000 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 60,000 10,000 70,000 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 50,000 575,000 625,000 625,000 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 30,000 25,000 55,000 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) 155,000 155,000 155,000 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 94,800 94,800 2021-2024: $94.8K annual broadband expenses, potential future revenuesBusiness Systems Replacement - 55,000 55,000 55,000 2022: HR Performance mgmt. system ($55K)Total Technology1,394,800 695,000 2,089,800 (53,250) 2,036,550 Public SafetyPublic Safety System / Records Mgmt. System (RMS) 25,000 11,000 36,000 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 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 74,305 5,000 79,305 16,823 96,128 2022 $16.8K Police equipment for patrol cars; $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 2022:Re-appropriate Wildland personnel protection equipment ($25K)Thermal Imaging Cameras 12,000 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 230,000 230,000 230,000 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 1,700,000 880,000 2,580,000 166,300 2,746,300 2022: Move $166.3K from 2023 to order Type 6 Brush truck to be delivered in 2023; 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 Safety2,066,305 921,000 2,987,305 183,123 3,170,428 Community and Guest Service Children's Garden of Learning Temporary Facility Relocation - 255,545 255,545 70,000 325,545 2022: $70K increase budget for final clean-up and east side improvements of lot. Re-appropriate $255K for final costs; 2021: $2.7M for temporarily relocation of the Children's Garden of LearningEnergy Enhancements - 97,294 97,294 97,294 2022: Re-appropriate $61.3K for Electric car charges and infrastructure at various town locations; $36K new grant for electic infrastructure 10 July 19, 2022 - Page 128 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCECAPITAL PROJECTS FUNDPedestrian Safety Enhancements - 25,000 25,000 25,000 2022: $25K for planning and design for lighting replacement project budgeted in 2022 ($1.4M)Civic Area Redevelopment - 100,000 100,000 100,000 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 2022:$15.5K to finalize Big Horn underground utility projectGuest Services Enhancements/Wayfinding - 24,307 24,307 24,307 2022: Begin design process for new wayfinding signage budgeted in 2024 ($24.3K)Timber Ridge Redevelopment - - 50,000 50,000 Vehicle Expansion 434,500 40,000 474,500 20,000 494,500 2022: $20K use of Police seizure funds for puchase of K-9 vehicle; 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 Service434,500 557,605 992,105 140,000 1,132,105 Total Expenditures 10,040,105 23,128,571 33,168,676 3,488,522 36,657,198 Other Financing Sources (Uses)Debt Service Payment (1,155,712) (1,155,712) (1,155,712) Debt Payment for PW ShopsTransfer from Vail Reinvestment Authority 50,000 2,182,146 2,232,146 70,000 2,302,146 2022: $70K for CGL boulder wall; $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) (6,144,204) Transfer to Residences at Main Vail FundTransfer to Housing Fund (2,500,000) (1,420,000) (3,920,000) (4,112,704) (8,032,704) 2022: $2.5M InDeed; 2021: Transfer to Housing Fund; 2.5M per year; $2.0M for RMV Opportunity fee; $5.4M Transfer for HF Beginning balance for FSTransfer from General Fund - - 20,000 20,000 Transfer from Police Seizure Funds to cover K-9 vehicle ($20K)Total Other Financing Sources and Uses (3,605,712) (5,382,058) (8,987,770) (4,022,704) (13,030,474) Revenue Over (Under) Expenditures 1,764,158 (19,896,480) (18,132,322) (6,437,226) (24,589,548) Beginning Fund Balance 34,827,888 49,406,514 49,406,514Ending Fund Balance 36,592,046 31,274,192 24,816,966 11 July 19, 2022 - Page 129 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedReal Estate Transfer Tax 7,500,000$ 7,500,000$ 7,500,000$ 2022: Based on 5-year average; 2023-2035: 2% annual increaseGolf Course Lease 171,700 171,700 171,700 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 20,000 350,000 370,000 40,000 410,000 2022: $40K from Eagle County for wildfire mitigation; $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 101,200 101,200 101,200 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 - 42,433 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 10,000 10,000 10,000 2021: $75K of additional recreation amenity fees based on YTD collections; 10K annuallyEarnings on Investments and Other 132,460 132,460 25,000 157,460 2022: $25K use of bag fees for waster intern and programming. Corresponding expense below. 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 7,935,360 392,433 8,327,793 65,000 8,392,793 Management Fee to General Fund (5%) 375,000 375,000 375,000 5% of RETT Collections - fee remitted to the General Fund for administrationWildlandForest Health Management 556,393 556,393 34,072 590,465 Transfer from GF for wages/benefits; Operating budget for Wildland Fire crew; 2022 includes additional 2.3FTEWildfire Mitigation 25,000 25,000 65,000 90,000 2022: $25K increase to participate in wildfire camera pilot program and $40K mitigation paid for by Eagle County. 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 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 Free Five - Rebate program 150,000 150,000 150,000 Cost share program for Vail citizens implementing Fire Wise Fire Free Five - TOV Implementation - 100,000 100,000 100,000 200,000 2022: Move forward $100K from 5 year plan to mitigate all TOV facilities; Fire Free Five- TOV facilitiesTotal Wildland631,393 299,000 930,393 199,072 1,129,465 ParksAnnual Park and Landscape Maintenance 2,135,540 5,000 2,140,540 51,814 2,192,354 2022: $51.8K Transfer from GF for salaries/benefits; 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 185,000 185,000 185,000 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 125,000 35,000 160,000 50,000 210,000 2022: $50K to replace playground equipment at 4 parks. $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 50,000 2022: Replace flagstone at Mayors ParkTree Maintenance 75,000 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 Annual street furniture replacementVillage Landscape Enhancements 50,000 50,000 50,000 Landscaping Enhancements of areas identified in Vail Village for potential future sculptural placementCovered Bridge Pocket Park Rehabilitation - - - 2021: $111.1K complete Pocket Park rehabilitationStephens Park Safety Improvements - 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 TOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX 12 July 19, 2022 - Page 130 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Ford Park Master Plan 150,000 (44,201) 105,799 95,000 200,799 2022: Moving forward with master plan update - $95K increase due to higher costs; Council approved contract with WRT 6/22. 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 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 - 5,946 5,946 5,946 2022: $5.9K for landscaping at the Nature Center bridge; 2021: $75K for landscaping around playground ad basketball courtFord Park Playground Improvements - 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 180,000 180,000 180,000 2022: Replacement of Ford Park lighting control system (discontinued by the manufacturer). Current system is over 10 yrs. OldSunbird Park Fountain Repairs - 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 2022: $32.8K for completion of landscaping at Vail transit centerTurf Grass Reduction 150,000 49,862 199,862 199,862 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 parkKindell Park/Mill Creek - 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 35,000 2022: Relandscaping on Donovan Park parking lot islandsGore Creek Promenade Rehabilitation 370,000 370,000 370,000 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 Parks4,790,540 473,537 5,264,077 196,814 5,460,891 Rec Paths and TrailsRec. Path Capital Maint 159,717 159,717 159,717 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 15,000 $15K annual cost for bike safety programsBike Path Signage 35,000 35,000 35,000 2022-2023: Bike Path Signage: Enhancement of existing trail signage to improve etiquette, safety and wayfindingPedestrian Bridge Projects 400,000 400,000 400,000 2022-2027: Systematic rehabilitation or replacement of 5 pedestrian bridges. 2022: Donovan Park, Pedestrian Overpass; Gore Valley Trail Bridge Replacement (ERWSD) 40,000 40,000 40,000 2022: Design and planning for Gore Valley Trail Bridge replacement (ERWSD)Gore Valley Trail Fence Replacement at Dowd Junction - 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 - 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 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 375,000 63,950 438,950 438,950 2022: Installation of permanent restroom at Booth Lake trailhead for hikersTotal Rec Paths and Trails984,717 1,162,548 2,147,265 - 2,147,265 Recreational FacilitiesNature Center Operations 106,187 106,187 106,187 Nature Center operating costs(Contract with Walking Mountains)Nature Center Capital Maintenance 38,690 55,165 93,855 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 2022: $383.5K for further planning and design for a nature center remodelLibrary Landscape and reading area 100,000 100,000 100,000 2022: Exterior landscaping and site work enhancements for an outdoor reading areaTotal Recreational Facilities244,877 438,687 683,564 - 683,564 13 July 19, 2022 - Page 131 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX EnvironmentalEnvironmental Sustainability 651,505 651,505 42,966 694,471 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.; $12k Sustainability intern, $10K Waste Education Intern paid for with bag fees; $20.9K transfer from GF for salary/benefitsRecycling and Waste Reduction Programs 240,000 20,320 260,320 15,000 275,320 2022: Use $15K bag fee collections for waste intern, reusable bags and market compost program. 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 321,500 321,500 216,700 538,200 2022: $175K placeholder for Dowd Junction wildlife crossing (parnership with CDOT); $14.7K for CO Communities for Climate Action retreat and $27K for partnership with Zinc Media for Sustainable Travel. 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 55,000 34,049 89,049 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 193,000 193,000 193,000 Town of Vail E-bike share program ($175K); E-Bike Ownership Model Program ($18K)Streamtract Education/Mitigation 50,000 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 300,000 1,716,541 2,016,541 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 100,000 25,000 125,000 125,000 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 150,000 150,000 150,000 Private streambank mitigation program funding placeholderGore Creek Interpretive Signage 175,000 50,000 225,000 225,000 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 50,000 200,000 200,000 DSP educational displays in the Lionshead and Vail Village Welcome Centers; $50K reimbursement from the VLMDFord Park Amphitheater Solar Panels 100,000 100,000 100,000 2022: 50/50 cost share with the VVF for roof solar panelsTotal Environmental2,486,005 1,895,910 4,381,915 274,666 4,656,581 ArtPublic Art - Operating 136,586 136,586 2,694 139,280 $2.7K Transfer from GF for salary/benefits; Art in Public Places programming and operationsPublic Art - General program / art 60,000 368,960 428,960 428,960 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 30,000 34,746 64,746 64,746 2022: $64.7K for annual Winterfest programmingSeibert Memorial Statue - 12,692 12,692 12,692 2022: $12.7K for Pete Seibert Memorial statue maintenanceArt Space 850,000 32,259 882,259 882,259 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 Art1,076,586 448,657 1,525,243 2,694 1,527,937 CommunityCouncil Contribution: Betty Ford Alpine Garden Support 74,649 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 42,000 42,000 42,000 Annual support of the Eagle River Watershed Council programs 14 July 19, 2022 - Page 132 of 141 Changes since first reading1st 2022 2nd 20222022 Supplemental Amended Supplemental AmendedTOWN OF VAIL 2022 PROPOSED AMENDED BUDGETSUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCEREAL ESTATE TRANSFER TAX Council Contribution: Adopt A Trail 17,500 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 Eagle Valley Land Trust Council ContributionTotal Contributions139,149 - 139,149 - 139,149 VRD-Managed Facilities & MaintenanceRecreation Enhancement Account 171,700 711,665 883,365 883,365 Annual rent paid by Vail Recreation District; to be re-invested in asset maintenance ($168,317)Recreation Facility Maintenance - 22,000 22,000 22,000 2022: Annual $22K for general RETT facility maintenance; $11.2K Synexis MaintGolf Clubhouse - 9,496 9,496 70,000 79,496 2022: Exterior paint & stain ($24K), Sewage and roof forensic study ($8K), placeholder for repairs and maint as result of the study ($47.5K)Athletic Field Restroom/Storage Building 1,000,000 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 41,273 328,478 369,751 369,751 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 30,514 584,242 614,756 614,756 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 37,934 137,576 175,510 175,510 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 123,510 115,716 239,226 239,226 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 47,550 235,239 282,789 282,789 2022: Restroom remodel ($42.6K); 2021: Cooling systemTotal VRD-Managed Facilities & Maintenance1,452,481 2,144,412 3,596,893 70,000 3,666,893 Total Expenditures 12,180,749 6,862,751 19,043,500 743,246 19,786,746 Other Financing Sources (Uses)498246Transfer from General Fund - - 109,546 109,546 Transfer from GF for RETT department salary and benefits Revenue Over (Under) Expenditures(4,245,389) (6,470,318) (10,715,707) (568,700) (11,284,407) Beginning Fund Balance 17,380,340 28,078,477 28,078,477Ending Fund Balance13,134,952$ 17,362,770$ 16,794,070$ 15 July 19, 2022 - Page 133 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue Housing Sales Tax -$ 4,075,000$ 4,075,000$ 425,000$ 4,500,000$ Housing Fee in Lieu Annual Collections - - - Transfer in from Capital Projects Fund 2,500,000 1,420,000 3,920,000 (1,420,000) 2,500,000 Workforce Housing Sales - - 1,270,000 1,270,000 Total Revenue 2,500,000 5,495,000 7,995,000 275,000 8,270,000 Expenditures Housing Programs InDeed Program 2,500,000 694,334 3,194,334 3,194,334 Buy Down Housing - 25,609 25,609 25,609 Future Purchases - 100,000 100,000 4,500,000 4,600,000 Pitkin Creek 12-L unit - - 976,288 976,288 Chamonix unit B - - 634,940 634,940 TOV Employee Housing Pitkin Creek 5-P unit - 535,000 535,000 (535,000) - Buffehr Creek Condo #4 (Meadow) - 830,000 830,000 (830,000) - East Vail Lodging Unit #16 - 565,000 565,000 (565,000) - Employee Housing Capital Maintiance - 25,000 25,000 (25,000) - Construction Housing Projects Residences at Main Vail Opportunity Fee - 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 Total Expenditures 2,500,000 6,774,943 9,274,943 4,156,228 13,431,171 Operating Income - (1,279,943) (1,279,943) (3,881,228) (5,161,171) Beginning Fund Balance (Transfer from CPF) - 5,352,702 5,352,702 Ending Fund Balance -$ (1,279,943)$ 4,072,759$ (3,881,228)$ 191,531$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HOUSING FUND 16 July 19, 2022 - Page 134 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue Business Licenses 345,000$ 345,000$ 345,000$ Transfer in from General Fund 2,490,600 (73,515) 2,417,085 8,000 2,425,085 Event Reimbursements/Shared Costs - 152,500 152,500 152,500 Earnings on Investments 1,000 1,000 1,000 Total Revenue 2,836,600 78,985 2,915,585 8,000 2,923,585 Expenditures Commission on Special Events (CSE) CSE Funded Events 759,648 759,648 759,648 CSE Surveys 54,000 54,000 54,000 Education & Enrichment 154,530 (10,000) 144,530 144,530 Signature Events: Bravo!311,657 311,657 311,657 Vail Jazz Festival 85,000 85,000 85,000 Vail Valley Foundation - Mountain Games 140,000 140,000 140,000 Vail Valley Foundation - GRFA 55,125 55,125 55,125 Vail Valley Foundation - Dance Festival 60,000 60,000 60,000 Snow Days 300,000 300,000 300,000 Spring Back to Vail 300,000 (300,000) - - Town Produced Events: Vail Apre Spring Series - 250,000 250,000 250,000 Employee Celebration & Concert - 75,000 75,000 75,000 Magic of Lights 50,000 50,000 50,000 Revely Vail 145,000 145,000 145,000 Vail Holidays Funding 25,000 25,000 25,000 Vail America Days 80,000 80,000 80,000 NYE/4th of July Display 52,015 63,985 116,000 116,000 Ambient Event Funding: Music in the Villages 250,000 250,000 250,000 Culteral Heritage: Pioneer Weekend - - 8,000 8,000 Other Council Funded Events Collection Fee - General Fund 17,250 17,250 17,250 Total Expenditures 2,839,225 78,985 2,918,210 8,000 2,926,210 Revenue Over (Under) Expenditures (2,625) - (2,625) - (2,625) Beginning Fund Balance 372,374 409,749 409,749 Ending Fund Balance 369,749$ 407,124$ 407,124$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE VAIL MARKETING & SPECIAL EVENTS FUND 17 July 19, 2022 - Page 135 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue Town of Vail Interagency Charge 3,897,518$ 3,897,518$ 3,897,518$ Insurance Reimbursements & Other 10,000 10,000 10,000 Earnings on Investments 2,000 2,000 2,000 Equipment Sales and Trade-ins 126,890 126,890 126,890 Total Revenue 4,036,408 4,036,408 4,036,408 Expenditures Salaries & Benefits 1,224,934 1,224,934 48,394 1,273,328 Operating, Maintenance & Contracts 1,850,198 45,900 1,896,098 191,000 2,087,098 Capital Outlay 1,055,000 490,796 1,545,796 1,545,796 Total Expenditures 4,130,132 536,696 4,666,828 239,394 4,906,222 Revenue Over (Under) Expenditures (93,724) (536,696) (630,420) (239,394) (869,814) Transfer In from General Fund - - 48,394 48,394 Beginning Fund Balance 2,118,869 2,499,233 2,499,233 Ending Fund Balance 2,025,145$ 1,868,813$ 1,677,813$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE HEAVY EQUIPMENT FUND 18 July 19, 2022 - Page 136 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue E911 Board Revenue 956,272$ 956,272$ 956,272$ Interagency Charges 1,298,899 1,298,899 1,298,899 Other County Revenues -10,506 10,506 10,506 Town of Vail Interagency Charge 652,938 652,938 652,938 Earnings on Investments and Other 2,000 2,000 2,000 Total Revenue 2,910,109 10,506 2,920,615 - 2,920,615 Expenditures Salaries & Benefits 2,376,337 2,376,337 113,998 2,490,335 Operating, Maintenance & Contracts 555,065 555,065 555,065 Capital Outlay 20,174 10,506 30,680 30,680 Total Expenditures 2,951,576 10,506 2,962,082 113,998 3,076,080 Revenue Over (Under) Expenditures (41,467) - (41,467) (113,998) (155,465) Transfer In from General Fund - - 113,998 113,998 Beginning Fund Balance 1,453,340 1,686,772 1,686,772 Ending Fund Balance 1,411,873$ 1,645,305$ 1,531,307$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES, AND CHANGES IN FUND BALANCE DISPATCH SERVICES FUND 19 July 19, 2022 - Page 137 of 141 2022 1st 2022 2nd 2022 Budget Supplemental Amended Supplemental Amended Revenue Investment Earnings -$ -$ -$ Total Revenue - - - Expenses Capital Outlay - 28,116,258 28,116,258 (653,057) 27,463,201 Total Expenditures - 28,116,258 28,116,258 (653,057) 27,463,201 Revenue Over Expenses - (28,116,258) (28,116,258) 653,057 (27,463,201) Other Financing Sources (Uses) Debt Proceeds - - - Premium on Debt Issuance - - - Original Issuance Discount - - - Debt Issuance Cost - - - Fiscal Agent fees - - - Principal Repayment (315,000) (315,000) (315,000) Interest Expense (905,578) (905,578) (905,578) Transfer from Capital Projects Fund - 6,144,204 6,144,204 6,144,204 Total Other Financing Sources (Uses)(1,220,578) 6,144,204 4,923,626 - 4,923,626 Change in Net Position (1,220,578) (21,972,054) (23,192,632) 653,057 (22,539,575) Net Position- Beginning 21,560,619 22,539,575 22,539,575 Net Position- Ending 20,340,041$ (653,057)$ -$ TOWN OF VAIL 2022 PROPOSED AMENDED BUDGET SUMMARY OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE RESIDENCES AT MAIN VAIL 20 July 19, 2022 - Page 138 of 141 Ordinance No. 14, Series of 2022 ORDINANCE NO. 14 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 20 22 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 $ 562,056 Capital Projects Fund 7,601,223 Real Estate Transfer Tax Fund 743,246 Housing Fund 4,156,228 Marketing Fund 8,000 Heavy Equipment Fund 239,394 Dispatch Services Fund 113,998 Residences at Main Vail Fund (653,057) Interfund Transfers (7,032,642) Total $ 5,738,446 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 July 19, 2022 - Page 139 of 141 Ordinance No. 14, Series of 2022 ordinance; and the Town Council hereby declares it wou ld 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 phras es be declared invalid. 3.The Town Council hereby finds, determines, and declares that this ordinance is necessary and proper for th e 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 vir tue of the provision repealed or repealed and reenacted. The repeal of any provi sion hereby shall not revive any provision or any ordinance previously repealed or superseded unle ss expressly stated herein. 5.All bylaws, orders, resolutions, and ordinan ces, 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, o r ordinance, or part thereof, theretofore repealed. INTRODUCED, READ, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 5th day of July 2022, and a public hearing shall be held on this Ordinance on the 19th day of July, 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 19th day of July 2022. ____________________________ Kim Langmaid, Mayor ATTEST: ________________________________ Tammy Nagel, Town Clerk July 19, 2022 - Page 140 of 141 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Adjournment 7:50 pm (estimate) July 19, 2022 - Page 141 of 141