HomeMy WebLinkAbout2023-04-18 Agenda and Supporting Documentation Town Council Evening Meeting Agenda1.Citizen Participation (10 min.)
1.1 Citizen Participation
2.Any action as a result of executive session
3.Proclamation
3.1 Proclamation No. 4, Series of 2023 National Library Week 5 min.
Read Proclamation No. 4, Series of 2023 into the record.
Presenter(s): Kim Langmaid, Mayor
Background: National Library Week 2023, April 23-29, will be
celebrated with the theme "There's More to the Story."
4.Consent Agenda
4.1 March 7, 2023 Town Council Meeting Minutes
4.2 March 21, 2023 Town Council Meeting Minutes
4.3 March 30, 2023 Town Council SPECIAL Meeting Minutes
4.4 Contract Award to 360 Paving for the 2023 Asphalt
Overlay Project
Authorize the Town Manager to enter into an agreement with
360 Paving not to exceed $515,000, to complete the 2023 Vail
Overlay Project on a form approved by the Town Attorney.
VAIL TOWN COUNCIL MEETING
Evening Session Agenda
Town Council Chambers and virtually via Zoom.
Zoom Meeting Link: https://us02web.zoom.us/webinar/register/WN_GV-h_xnrRwOTvmv87UaOfA
6:00 PM, April 18, 2023
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time
Council 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 concern, and any items that are not on the agenda.
Please attempt to keep comments to three minutes; time limits established are to provide efficiency in
the conduct of the meeting and to allow equal opportunity for everyone wishing to speak.
Citizen Participation.pdf
NLW_2023_Proclamation.docx
030723 TC Meeting Minutes.pdf
032123 TC Meeting Minutes.pdf
033023 TC Special Meeting Minutes.pdf
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Background: The Town has budgeted to complete an asphalt
overlay project this year on the following streets: Bridge Road,
Lupine Drive, Willow Way, Streamside Circle West, Nugget
Lane, Glen Falls Lane, and Columbine Drive south of Bighorn
Road.
4.5 Contract Award to CREO for Fabrication of Gore Valley
Trail Interpretive Installation
Direct the Town Manager to enter into a contract approved by
the Town Attorney with CREO for the fabrication and delivery
of an interpretive installation for an amount not to exceed
$199,625.
Background: Staff received proposals from four firms for the
fabrication and delivery of the Gore Valley Trail interpretive
installation as designed by H+R and approved by Vail Art in
Public Places, Planning and Environmental Commission, and
Town Council. Those firms were BANG! Creative, CREO, Sea
Reach, and Vail Valley Welding and Fabrication. A committee
of three staff members selected CREO as the preferred
candidate citing their experience with the unique fabrication
processes involved in the completion of this installation.
4.6 Contract Award to R&H Mechanical and Berich Masonry
for Lionshead Snowmelt Repair
Authorize the Town Manager to enter into agreements with the
following companies not to exceed the respective amounts, on
a form approved by the Town Attorney: R&H Mechanical
($450,000) and Berich Masonry ($125,000).
Background: Portions of the Lionshead snowmelt system are
in need of repair and replacement. The Town has budgeted to
complete the repairs this year.
4.7 Increase Funds for Heavy Equipment Purchase
Direct the Town staff to increase the HEF budget by $108,500.
Which will be added to the second supplemental scheduled
this June. This Allows for the Town Manager to approve the
purchase for the backhoe and motor grader.
Background: Request for additional funding to purchase a
backhoe and motor grader that are on the 2023 HEF budget.
5.Town Manager Report (10 min.)
5.1 Town Manager Update
5.2 Council Matters and Status Report
council_memo-overlay.docx
CREO Professional Services Agreement
Attachment A CREO_Gore_Creek_Proposal
CouncilMemo4-18-23 (1).docx
CouncilMemo 4-18-23 Heavy Equipment Fund Increase.docx
Town Manager Update 040423.docx
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5.3 Vail Town Council Priority Goals for 2023
6.Action Items
6.1 Resolution No. 14, Series of 2023, A Resolution Adopting
The Town of Vail's Stewardship Roadmap
30 min.
Approve, approve with amendments, or deny Resolution No.
14, Series 2023.
Presenter(s): Mia Vlaar, Director of Economic Development
and Cathy Ritter, Consultant
Background: Please see memo.
6.2 Contract Award with Rocky Mountain Custom Landscapes
for the 10th Mountain Division Statue Site Improvements
10 min.
Authorize the Town Manager to enter into a contract with
Rocky Mountain Custom Landscapes in an amount not to
exceed $142,000. Staff will be including a request to add
$28,000 to the Art Landscape Enhancements budget as part of
the June 2023 Budget Supplemental process for
a total project budget of $147,634.
Presenter(s): Gregg Barrie, Senior Landscape Architect
Background: The purpose of this agenda item is to request an
additional $28,000 for the construction of site improvements to
the area around the 10th Mountain Division Statue. And, if
granted, to approve a contract for the work.
6.3 Recommended Summer 2023 Parking Program 15 min.
Approve the Summer 2023 Parking Program as presented.
Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa
Parking Operations Manager
Background: Provide town council the parking
recommendation for Summer 2023 Parking Program.
6.4 2023 Ford Park Summer Managed Parking 15 min.
Approve the 2022 Ford Park Summer Managed Parking
Program.
Presenter(s): Greg Hall, Public Works Director, Steph Kashiwa
Parking Operations Manager
Background: Each spring the summer activities and events
calendar is reviewed by the Ford Park User Groups, including
representatives from Town of Vail, Vail Recreation District, Vail
Valley Foundation (GRFA), Betty Ford Alpine Gardens, Bravo!
Vail and Walking Mountain Science Center (as operators of
230418 Matters.docx
Priority Vail Town Council Goals for 2023.docx
Council Memo - Vail's Stewardship Roadmap 4-18-2023.pdf
Resolution Adopting Vails Stewardship Roadmap
Vail's Stewardship Roadmap - Council April 18 2023 FINAL UPDATE.pptx
Public Input Stewardship Vail.pdf
10th Mt Statue TC Memo 4-18-23.pdf
Council Memo 4.23.doc
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Vail Nature Center). The proposed managed parking program
calendar is attached.
6.5 Ordinance No. 8, Series of 2023, First Reading, An
Ordinance of the Town Council of the Town of Vail
Amending Section 4-2-4 of the Vail Town Code to Permit
Alcoholic Beverage Tastings at Fermented Malt Beverage
and Wine Retailers
10 min.
Approve, approve with amendments, or deny Ordinance No. 8,
Series of 2023 upon first reading.
Presenter(s): Matt Mire, Town Attorney
Background: On March 1, 2023, Proposition 125 amended the
above-mentioned statutory section to add fermented malt
beverages and wine retailers to the list of licensees that are
permitted to conduct tastings. The Town now desires to amend
the Vail Town Code to include fermented malt beverage and
wine retailers as licensees that may apply for tastings.
7.Public Hearings
7.1 Ordinance No. 7, Series of 2023, Second Reading, An
Ordinance of the Vail Town Council Repealing and
Reenacting Section 12-3-3 of the Vail Town Code to
Simplify and Clarify the Procedures for Land Use Appeals
5 min.
Approve, approve with amendments, or deny Ordinance 7,
Series of 2023 upon second reading.
Presenter(s): Jamie Leaman-Miller, Planner
Background: The purpose of Ordinance 7, Series of 2023 is to
amend Section 12-3-3 Appeals, to simplify and clarify the
procedures for land use appeals. The existing section will be
repealed in its entirety and replaced with the proposed
language.
8.Adjournment 7:55pm (estimate)
Council Memo - Ford Park User Group 4.23.doc
FPUG Calendar 2023.xlsx
Public Input Parking.pdf
Tastings-O040523.docx
Staff Memorandum - Ordinance No. 7, Series of 2023.pdf
Ordinance 7 - Series of 2023.pdf
Attachment B. Staff_Memorandum_PEC22-0032_3-13-23.pdf
Attachment C. PEC_Results_3-13-23.pdf
Attachment_D._PEC_Results_1-23-23.pdf
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and
available for public viewing as the meeting is happening. The meeting videos are also posted to High
Five Access Media website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon
request with 48 hour notification dial 711.
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AGENDA ITEM NO. 1.1
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Citizen Participation
AGENDA SECTION:Citizen Participation (10 min.)
SUBJECT:Citizen Participation
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Citizen Participation.pdf
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From:Brenda Golden
To:PublicInputTownCouncil
Subject:Vail License for Short Term Rentals
Date:Monday, April 17, 2023 10:39:51 AM
Vail Council,
First of all, thank you for your service as I appreciate you trying your best to manage our sweet little town of Vail.
I have been a homeowner for 31 years in East Vail and was a full-time resident for 3 years and now a part time
resident. I must admit I was a bit shocked to see my Vail license for short term rentals go from $10 last year to $260
this year? A rate increase like that seems a little bit over the top as normally rates go up gradually, and I don’t
understand what happened.
In addition, there seems to be no differentiation between a multi million dollar home being rented versus a condo
being rented in terms of the license rate as everyone pays $260 and I don’t happen to be a billionaire with a 50
million dollar home in Vail. I’m just a working woman who retired from IBM and got an early retirement and
moved to Vail in 1992 when Vail was still a small town and worked in a beauty shop in Vail Village because IBM
actually paid for me to go to beauty school as part of our retirement package.
My guess is that you think if you continue to raise the license rate that you will have more possibilities for employee
housing. But in my opinion, that’s not going to happen and having short term rentals has brought a lot of business
into Vail for business owners and the mountain as we had a stellar year this past year, in terms of Vacationers.
I just wanted to express my opinion and if there’s a particular reason for this huge increase, I would be interested to
know what it is. Thank you.
Brenda Golden
Sent from my iPad
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AGENDA ITEM NO. 3.1
Item Cover Page
DATE:April 18, 2023
TIME:5 min.
SUBMITTED BY:Steph Johnson, Town Manager
ITEM TYPE:Proclamation
AGENDA SECTION:Proclamation
SUBJECT:Proclamation No. 4, Series of 2023 National Library Week
SUGGESTED ACTION:Read Proclamation No. 4, Series of 2023 into the record.
PRESENTER(S):Kim Langmaid, Mayor
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
NLW_2023_Proclamation.docx
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PROCLAMATION NO. 4 SERIES OF 2023
Recognizing National Library Week 2023
“There's More to the Story”
WHEREAS,libraries provide the opportunity for everyone to pursue their passions and engage in
lifelong learning, allowing them to live their best life;
WHEREAS,libraries have long served as trusted institutions for all members of the community
regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic
status;
WHEREAS,libraries strive to develop and maintain programs and collections that are as diverse as
the populations they serve and ensure equity of access for all;
WHEREAS,libraries adapt to the ever-changing needs of their communities, continually expanding
their collections, services, and partnerships;
WHEREAS,libraries play a critical role in the economic vitality of communities by providing internet
and technology access, literacy skills, and support for job seekers, small businesses, and
entrepreneurs;
WHEREAS, libraries are accessible and inclusive places that promote a sense of local connection,
advancing understanding, civic engagement, and shared community goals;
WHEREAS,libraries are cornerstones of democracy, promoting the free exchange of information
and ideas for all;
WHEREAS, Tuesday, April 25 is National Library Workers Day, a day for library staff, users,
administrators, and Friends groups to recognize the valuable contributions made by all library
workers.
WHEREAS,libraries, librarians, and library workers are joining library supporters and advocates
across the nation to celebrate National Library Week;
NOW, THEREFORE, the Mayor and Vail Town Council do herby proclaim National Library
Week, April 23-29, 2023. During this week, we encourage all residents to visit their library to explore
the wealth of resources available.
Dated this 18th day of April 2023.
Vail Town Council Attest:
___________________________
Kim Langmaid, Mayor Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.1
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:March 7, 2023 Town Council Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
030723 TC Meeting Minutes.pdf
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Town Council Meeting Minutes of March 7, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 7, 2023
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
Kevin Foley
Pete Seibert
Barry Davis
Jonathan Staufer
Jen Mason
Members absent: Travis Coggin, Mayor Pro Tem
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manger
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Citizen Participation
Rebecca Kanaly, a United Way representative, thanked Council for the possible ownership
possibilities at Timber Ridge.
Jack Bergey, a Vail resident, expressed his concern that there wasn’t an opportunity at the
afternoon meeting for public input during the Vail Stewardship Roadmap discussion, outlined
some responses he had regarding the roadmap initiatives, and encouraged homestay
opportunities.
2. Any action as a result of executive session
There was none.
3. Proclamation
3.1 Proclamation No. 3, Series 2023, One Book, One Valley, 2023
Read Proclamation No. 3, Series 2023 into the record.
Presenter(s): Lori Barnes, Director of Library Services
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Town Council Meeting Minutes of March 7, 2023 Page 2
Background: Each year, The Bookworm of Edwards, Colorado Mountain College Vail Valley,
Vail Public Library, Vail Mountain School & Eagle County High Schools team up to promote one
book that the entire valley reads together, a reading program called “One Book One Valley”.
We encourage all residents to read the same book at the same time to create a community
book club. Programs and events related to the chosen book happen throughout the valley and
will engage readers of all ages and interests. 2023 is the 12th year of this valley-wide
Community Read
Proclamation No. 3, Series of 2023 was read into the record.
4. Appointments for Boards and Commissions
4.1 Art in Public Places (AIPP) Appointments
Presenter(s): Kim Langmaid, Mayor
Motion to appoint two members to service on the AIPP for a two-year term ending March 31,
2025.
Davis made a motion to appoint Susan Graf and Courtney St. John to be appointed for a two-
year term ending on March 31, 2025, Staufer seconded motion passes (6-0).
5. Consent Agenda
5.1 Resolution No. 9, Series of 2023, Approving a Memorandum of Understanding
("MOU") Regarding Planning for a State Land Board Community Housing Project.
Approve, approve with amendments, or deny Resolution No. 9, Series of 2023.
Background: The Town desires to enter into an agreement between the State Land Board;
County of Eagle; Towns of Vail, Minturn and Avon; Eagle-Vail Metropolitan District, Traer Creek
Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to
conduct a cooperative planning effort for the development of community housing and other uses
on State Land Board property situated adjacent to the Town of Avon and the Eagle-Vail and
Traer Creek Metropolitan District.
Davis made a motion to approve, Staufer seconded motion passed (6-0).
5.2 Resolution No. 10, Series of 2023, Approving an Intergovernmental Agreement
("IGA") between the Town of Vail, the Town of Eagle, the Town of Avon, and the Eagle
County Sheriff's Office.
Approve, approve with amendments, or deny Resolution No. 10, Series of 2023.
Background: To decrease the number of intoxicated drivers on our roadways, law enforcement
agencies in Eagle County formed the Gore Range DUI Taskforce. The taskforce deploys
randomly to saturate various locations of Eagle County by officers and deputies trained to detect
intoxicated drivers. The taskforce takes a zero-tolerance approach to DUI enforcement to
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Town Council Meeting Minutes of March 7, 2023 Page 3
reduce alcohol and drug related crashes. The Colorado Department of Transportation (CDOT)
provides funding for High Visibility Enforcement through a grant. Vail Police will manage the
grant from the funds received through CDOT and disseminate to the law enforcement agencies
that participate in these DUI HVE shifts. Grant period is July 1 – June 30 and the approximate
funding is $60,000 in total for Eagle County law enforcement agencies for the fiscal year.
Staufer made a motion to approve, Foley seconded motion passed (6-0).
5.3 Resolution No. 11, Series of 2023, Approving a Memorandum of Understanding
between the Town of Vail and Alliance for Sustainable Energy, LLC, Regarding the E-
Bikes for Essentials Electric Bike Ownership Program and the Shift Bike Share Program
Approve, approve with amendments, or deny Resolution No. 11, Series of 2023.
Background: Town of Vail launched the E-Bikes for Essentials program in 2021 in partnership
with NREL and Quiet Kat, a local electric bike (e-bike) manufacturer based in Eagle, CO. The
program was modeled off the successful Can Do Colorado E-Bike Pilot Program launched by
the Colorado Energy Office in 2020. E-Bikes for Essentials provides an electric bike (e-bike),
safety equipment (helmet, lights, bells), commuting gear (panniers), tools, and locks to income
qualified Town of Vail residents who are employed as essential workers. In exchange, selected
participants commit to using the e-bikes as their primary mode of transportation in the valley
during non-snow months and to assist in data collection using the CanBikeCO mobile
application developed by NREL.
Mason made a motion to approve, Foley seconded motion passed (6-0).
5.4 Contract Award to Hyder Construction for the HVAC Replacement in the Municipal
Building
Authorize the Town Manager to enter into an agreement, in a form approved by the Town
Attorney, with Hyder Construction to perform construction services including procuring long lead
item HVAC equipment in anticipation of replacing the HVAC system in the Vail Municipal
Building in the amount of, and not to exceed, $750,000.
Background: The Vail Municipal Building has been slated numerous times for a major remodels,
additions or other improvements over the last decade. All of these potential projects included
replacing the original HVAC system.
Mason made a motion to approve, Staufer seconded motion passed (6-0).
5.5 Letter of Support for Eagle County First Responder Regional Technology
Enhancement Project
Approve, approve with amendments, or deny letter of support.
Background: The Vail Police Department is requesting a letter of support for Congressionally
Directed Spending funds under the Department of Justice “COPS Tech” account in the amount
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Town Council Meeting Minutes of March 7, 2023 Page 4
of $1,000,000 with a $1,000,000 local match. The funds will be used to replace our aging CAD
and RMS systems. The matching funds will be spread through 12 agencies County wide.
Mason made a motion to approve, Foley seconded motion passed (6-0).
6. Town Manager Report
6.1 Council Matters and Status Report
6.2 Vail Town Council Priority Goals for 2023
There was no additional report.
7. Action Items
7.1 Request for Mountain Towns 2030 Conference Funding
Presenter(s): Mia Vlaar, Director of Economic Development
Approve to sponsor the Mountain Towns 2023 conference in an amount not to exceed $50,000,
which would be included in the March supplemental budget request for Town Council’s approval
at a later date.
Background: The Mountain Towns 2030 Climate Solutions Summit was held in Breckenridge in
2022. The organizers are interested in hosting the conference in Eagle County in 2023, and
have requested a sponsorship contribution from the host destination that includes a cash
contribution and in kind services and venues (accommodations and meeting space). This
component would require further negotiations.
Vlaar gave a brief overview of what the Mountain Town Collaborative was and explained Eagle
County would like to host the Summit in Vail for 2023.
Foley made a motion to approve, Davis seconded motion passed (6-0).
7.2 Ordinance No. 5, Series of 2023, First Reading, An Ordinance Adding a New Chapter
15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and Private
Security Employers
Presenter(s): Commander Justin Liffick, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon first
reading.
Background: The State of Colorado does not have a regulatory agency that provides oversight
of security companies, security guards, or training requirements for security staff. Large
metropolitan areas have created their own regulations to govern security companies and
security guards with a good deal of success. Until recently, there has not been any need for
these regulations in Vail. The increased presence of armed security personnel in Vail along with
several incidents have caused concern for unregulated security. The Vail Police Department is
requesting an ordinance for oversight and regulation of security companies that work in Vail.
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Town Council Meeting Minutes of March 7, 2023 Page 5
Commander Liffick explained the ordinance addressed concerns the Vail Police Department
had with armed private security guards in reference to special events in Vail Village and in the
businesses in town.
Liffick stated the ordinance would allow the police department to provide oversite and
regulations for the armed security officers.
Staufer asked if the police department would have enough staff to implement the new criteria,
how the change would affect guests that traveled with their own private security and stated he
would like to see the number of guns in the villages only be by the police department.
Liffick stated it would not be a problem for the police department to implement the proposed
changes. The security company would submit a packet and based off what was submitted, the
police department would issue an annual permit. The security company would also need to
submit a written request on why they should be armed, which the police department would have
the ultimate authority to approve or decline the request.
Liffick also explained guest with their own private security would be exempt from this process.
Seibert asked if the security would remain the same as it was or if the public would see fewer
armed security in the future.
Liffick answered the police department had reached out to Ace Security and Citadel Security
and both companies were in favor of the proposed ordinance and felt there should be some sort
of regulation put into place.
Public comment was called.
Erick Gutierrez, owner of Ace Security, stated he was generally in favor of the ordinance, but
thought there needed to be more clarifications throughout the proposed ordinance.
Mire suggested he and Commander Liffick meet with Gutierrez to go through the ordinance to
identify possible issues for the security company and provide additional clarification regarding
the ordinance prior to the second reading.
Foley made a motion to approve, Staufer seconded motion passed (6-0).
8. Public Hearings
8.1 Ordinance No. 2, Series of 2023, Second Reading, An Ordinance Amending Section
12-11-4 of the Vail Town Code Concerning Renovations to Jointly Owned Properties
Presenter(s): Jamie Leaman-Miller, Planner
Approve, approve with amendments, or deny Ordinance No. 2, Series of 2023 upon second
reading.
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Town Council Meeting Minutes of March 7, 2023 Page 6
Background: Under Colorado law, any covenant, restriction, or condition that "effectively
prohibits or restricts the installation or use of a renewable energy generation device is void and
unenforceable." C.R.S. § 38-30-168(1)(a). While generally requiring written approval for
renovations to any jointly-owned property is well within the Town's authority, this process
creates a conflict when applied to the installation of solar or other renewable energy generation
devices upon a commonly-owned property.
Matt Gennett, Director of Community Development presented for Lehman-Miller. Gennett stated
there were no changes to the proposed ordinance since the first reading.
Mire stated for the public that the ordinance was per State law, the Town could not require joint
property owner’s signature for solar.
Staufer made a motion to approve, Davis seconded motion passed (6-0).
8.2 Ordinance 3, Series of 2023, Second Reading, An Ordinance Amending Title 3 of the
Vail Town Code by the Addition of a New Chapter 7, Establishing the Building and Fire
Code Appeals Board, and Amending Title 10 of the Vail Town Code by the Addition of a
New Section 10-1-13, Establishing Procedures for the Appeals Process.
Presenter(s): CJ Jarecki, Chief Building Official
Approve, approve with amendments, or deny Ordinance No. 3, Series of 2023 upon second
reading.
Background: The BFCAB, or some variant of an Appeals Board, has been in existence in the
Town for many decades. The codes adopted by the Town, published by the International Code
Council, specify that this Board shall be established by the Town. As such, this Board is
essential to the successful administration of the adopted codes of the Town. Unfortunately, a
search of the current and historical Town Municipal Code and Charter have shown that there is
no language provided for the BFCAB or its function. Additionally, language regarding the
appeals process was inadvertently deleted from the Vail Town Code during the code adoption
that took place in July of 2022. The second part of the ordinance simply puts this language back
into the Vail Town Code.
Matt Gennett, Director of Community Development, presented for Jarecki. Gennett stated there
were no changes to the proposed ordinance since the first reading.
Public comment was called.
Davis made a motion to approve, Foley seconded motion passed (6-0).
8.3 Ordinance No. 4, Series of 2023, Second Reading, An Ordinance of the Vail Town
Council Amending Section 4-1-6 of the Vail Town Code to Exempt Certain Businesses
from Local Business License Requirements
Presenter(s): Lauren Noll, Sales Tax Administrator
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Town Council Meeting Minutes of March 7, 2023 Page 7
Approve, approve with amendments, or deny Ordinance No. 4, Series of 2023 upon second
reading.
Background: The purpose of Ordinance No. 4, Series 2023 is to amend business licensing
requirement exemptions as defined by Title 4, Chapter 1 of the Vail Town Code to comply with
Senate Bill 22-032.
Noll stated there were no changes to the ordinance since first reading.
Public comment was called. There was none.
Staufer made a motion to approve, Foley seconded motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Davis seconded motion passed (6-0), meeting adjourned at 6:51pm.
Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Stephanie Bibbens, Town Clerk
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AGENDA ITEM NO. 4.2
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:March 21, 2023 Town Council Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
032123 TC Meeting Minutes.pdf
18
Town Council Meeting Minutes of March 21, 2023 Page 1
Vail Town Council Meeting
Minutes Tuesday, March 21, 2023
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
Kevin Foley
Jen Mason
Pete Se ibert
Barry Davis
Jonathan Staufer
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1.Citizen Participation
Robert Truchiet, a Vail resident, asked for code revisions regarding animal control regulations
on private property.
2.Any action as a result of executive session
There was none.
3.Appointments for Boards and Commissions
3.1 Design Review Board (DRB) Appointments
Presenter(s): Kim Langmaid, Mayor
Motion to appoint two members to service on the DRB for a two -year term ending March 31,
2025.
Coggin made a motion to appoint Rys Olsen and Herbert Roth to serve on the DRB for a two -
year term ending on Mach 31, 2025, Mason seconded motion passed (7-0).
3.2 Planning and Environmental Commission (PEC) Appointments
Presenter(s): Kim Langmaid, Mayor
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Town Council Meeting Minutes of March 21, 2023 Page 2
Motion to appoint three members to service on the PEC for a two-year term ending March 31,
2025.
Coggin made a motion to appoint Robyn Smith, Brad Hagedorn, and Reid Phillips to serve on
the PEC for a two-year te rm ending on March 31, 2025, Davis seconded motion passed (7-0).
4.Consent Agenda
4.1 February 7, 2023 TC Meeting Minutes
Foley made a motion to approve, Staufer seconded motion passed (6-0) (Mason abstained due
to being absent).
4.2 February 21, 2023 TC Meeting Minutes
Davis made a motion to approve, Mason seconded motion passed (7-0).
4.3 Resolution No. 12, Series of 2023, a Resolution Approving an Intergovernmental
Agreement between the Town of Vail, Colorado and the Colorado Department of
Transportation Regarding Sediment Control Disposal Area on the North Side of Interstate
70 at approximately M.P. 178-179; and Setting forth Details in Regard Thereto
Approve, approve with amendments, or deny Resolution No. 12, Series of 2023.
Background: The Town and the Colorado Department of Transportation (“CDOT”) wish to enter
into an Intergovernmental Agreement (“IGA”) for the construction of a Sand/Dirt Storage Facility
on Interstate 70 Right of Way, in the Town Tracts for the purpose of Sand/Dirt storage and to
provide aesthetic and noise mitigation to the surrounding neighbors.
Davis made a motion to approve, Coggin seconded motion passed (7 -0).
4.4 Contract Approval for 2023 Special Event Sponsorships over $50,000
Authorize the Town Manager to enter into agreements with the following event producers in the
respective amounts, on a form approved by the town attorney. The AMP Live Music and
Entertainment ($55,000), Vail Dance Festival ($65,000), Mountain Games ($155,000), Bravo!
Vail Music Festival ($310,000), Vail Jazz Festival ($90,000), NBS Soul on the Sno w Concert
($125,000), and Vail America Days ($80,000).
Background: The following events have been allocated over $50,000 and need council approval
to execute these agreements. The AMP Live Music and Entertainment ($55,000), Vail Dance
Festival ($65,000), Mountain Games ($155,000), Bravo! Vail Music Festival ($310,000), Vail
Jazz Festival ($90,000), NBS Soul on the Snow Concert ($125,000), and Vail America Days
($80,000).
Coggin made a motion to approve, Mason seconded motion passed (7-0).
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4.5 Contract Award to Walking Mountains Science Center for Vail Nature Center
Operations
Authorize the Town Manager to enter into a contract, approved by the Town Attorney, to enter
into a Professional Services Agreement with Walking Mountains Science Center in an amount
not to exceed $109,373 to operate the Vail Nature Center.
Background: The Town of Vail partners with Walking Mountains Science Center through an
annual Professional Services Agreement to operate the Vail Nature Center, providing
environmental education programs, curricula and experiences to locals and guests alike, from
"Pre-K to Gray". WMSC also operates the Vail Hiking Center and helps to maintain the grounds,
trails, native plant species, signage, and other duties as they arise.
Mason made a motion to approve, Davis seconded motion passed (7 -0).
4.6 Letter of Support for Language Access Federal Fund Portal
Approve Letter of Support for Language Access Federal Fund Portal.
Background: CMC is finalizing a proposal request for Congressionally Directed Spending (CDS)
from the Fund for Improvement of Postsecondary Education (FIPSE) toward increasing
language access in rural Colorado mountain communities. The funds would support a new
Translation & Interpretation program at CMC in alignment with industry certifications, to develop
a workforce of community, medical and legal interpreters and bilingual skilled professionals in
our local communities. This proposal also includes a regional assessment of English language
acquisition resources in our communities, to better coordinate our resources and build learner
bridges to career advancement.
Langmaid stated the timeline to approve the letter of support had expired and no vote was
needed.
Halloran recognized Linda Moore in Court, celebrated her 40th anniversary working for the Town
of Vail and Jacque Lova to in Finance, cele brated 45 years.
5. Town Manager Report
5.1 Council Matters and Status Report
Forrest requested Council provide a representative on the effort to develop the State Land
Board property in Eagle-Vail and explained there were a couple of legislative bills regarding land
use that the Town was tracking. Davis volunteered to serve as the Town’s representative.
Langmaid reminded Council members that the community meeting was scheduled for March 28,
2023, and ski with elected day was March 31, 2023.
6. Action Items
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6.1 Resolution No. 4, Series of 2023, A Resolution Establishing a Process for the Naming
or Commemoration of Town-Owned Properties, including Parks, Plazas. Streets,
Buildings and Interior Spaces
Presenter(s): Kathleen Halloran, Deputy Town Manager and Lori Barnes, Director of Library
Services
Approve, approve with amendments, or deny Resolution No. 4, Series of 2023.
Background: Since the incorporation of the Town of Vail in 1966, various parks, buildings,
plazas, streets, and other landmarks have been named to memorialize the contributions of
Vail’s dreamers, builders, trailblazers, and other influences that have drawn upon Vail’s alpine
setting and European roots. In anticipation of future opportunities, the following guidelines have
been established to not only reflect practices of the past, but to provide a formal structure for
future decisions.
Halloran explained staff was bringing back Resolution No. 4 , which would establish a process
for the naming or commemoration of Town owned properties. Based off citizen input, staff
revisited the option for a smaller naming right that could be staff approved instead of going
through the proposed process and explained the Culture Heritage Group decided all naming
processes should go through Council.
Halloran stated the language hadn’t change since the first meeting and clarified the resolution
did not preclude any large capital campaigns, but staff would consider that a separate decision
for Council to consider on an as needed basis.
Davis asked if the dedications listed in the exhibit were tied to a financial gift or were they based
off merit.
Halloran stated most of the names were not based off financial gift but would confirm.
Council members voiced their concerns regarding financial gifts to put a name on a building.
Langmaid stated donations in return of dedication would be considered a large capital campaign
and was separate from the proposed process in the resolution.
Staufer asked if staff would be against adding three citizens of the Cultural Heritage Group to
the decision process to make sure the application was properly vetted.
Coggin explained the application would go before council and public input would meet that
vetting process.
Council members expressed they would like to keep the naming rights community based.
Davis made a motion to approve, Coggin seconded motion passed (6-1 Staufer opposed).
6.2 Ordinance No. 6, Series of 2023, First Reading, Budget Supplemental No. 1, An
Ordinance Making Budget Adjustments to the Town of Vail General Fund, Capital
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Projects Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy
Equipment Fund, Timber Ridge Fund and Residences at Main Vail Fund of the 2023
Budget for the Town of Vail, Colorado and Authorizing the Said Adjustments as Set Forth
Herein; and Setting Forth Details in Regard Thereto
Presenter(s): Carlie Smith, Finance Director and Alex Jakubiec, Budget Analyst & STR Manager
Approve, approve with amendments, or deny Ordinance No. 6, Series of 2023 upon first
reading.
Background: Please see the attached memo.
Smith gave an overview of the prior year’s financials before allocation of additional funds.
Year end Res ults
• Across all funds revenues totaled $101.9M; $95.8M excluded from large one-
time grants and reimbursements, up $13.4M from 2021.
• Across all funds expenditures totaled $96.7M compared to $182.6M budget.
Most of the difference was due to Capital Projects that were requested to
be reappropriated in the first supplemental.
There was a $15.4M in savings.
• General Fund: Fund balance was budgeted to add $5.3M to Reserves, added
8.3M back into Reserves.
Total fund balance at the end of 2022 was $53.9M
• Capital Project Funds : Fund balance was $41.3M at the end of 2022 but will be
utilizing $28.4M of that in 2023.
• Real Estate Transfer Tax Fund: Fund balance was at $30 M at the end of 2022
but will be utilizing $22.5M of that in 2023.
Foley asked if the $22.5M in the RETT Fund included that $12M budgeted for the Booth Heights
property, and that money may not get spent.
Smith confirmed the Booth Heights placeholder was the majority of what was being
reappropriated.
Jakubiec explained the first supplemental would reappropriate funds for capital projects that had
started in the previous year or would start in the current year. The supplemental proposed to
increase revenues by $8.9M primarily for reappropriated grant funding for projects previously
committed to and increase expenditures by $73.3M primarily due to capital projects previously
committed to and a la rge placeholder for deed-restricted resale home purchase.
Jakubiec outlined the higher supplemental request:
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General Fund
• Revenue $1.6M
$337K CRRSA Final Allocations for transit operations
$130K Reappropriated Mountain Safe Program grant
$1.2M ARP grant funding reappropriation
• Expenditures $3.1M
Compensation Study Phase II implementation ($1.3M)
Reappropriation for 2nd half of Vail Chapel Contribution ($250K)
Increase town outerwear purchase budget $35K supported by Council
Previously $18.4K additional requested for spares and Fire
Department snow pants ($53.4K total)
Mountain Town’s 2023 Conference Sponsorship ($50K)
$1.2M reappropriated ARP fund
• Ending Fund Balance $49.5M
Capital Projects Fund
• Revenue: $5.6M
$5.6M re-appropriation of reimbursements based on project timing
• Expenditures: $28.2M
New requests ($137K)
$32K for additional police body camera equipment, $79K total cost
over 3 years.
$35K spare parking system equipment
$15K to purchase 11 AED units for PD Vehicles
$17K for 6 PD safety license plate reader cameras and
installation; $15K annual cost after 2023
Re-appropriations ($27.9M):
Electric bus replacement ($9.8M)
Funding transfer to Residences at Main Vail for project costs
($4.9M)
Real Estate purchases for TOV employee housing ($2.25M)
Ladder fire truck under contract, not yet delivered($1.7M)
Municipal building air handling replacement ($1.5M)
• Ending Fund Balance: $12.6M
Foley asked where the license plate readers would be located and their purpose.
Commander Ryan Kenney, Vail Police Department, explained the readers were to help catch
vehicles as the came in or left town for investigative purposes. Avon and Vail police department
were testing the readers and staff was still doing research to determine if the reader would go
on the on or off ramp. Once decided, there would be one reader at each of the on or off ramps.
RETT Fund
• Revenue: $441K
$22.5K Bear Education grant
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$55K Eagle County grant for fuel reduction projects
$50K E-bike grant towards county-wide shift bike program
• Expenditures: $23.4M
New requests ($653K):
$220K continuation of turf reduction project throughout town
$95K additional funding for Gore Creek signage project due to
increased costs
$43.5K Bear Education program, offset by a $22.5K grant from
CPW
Reappropriations ($22.6M)
Booth Heights parcel ($12.0M)
Water Quality infrastructure ($1.9M)
Ford Park athletic field restroom/storage building ($1.0M)
Public Art programs and residency studio ($1.2M
Ending Fund Balance: $7.9M
Coggin asked for clarification on the Gore Creek signage project.
Kristen Bertuglia, Director of Environmental Sustainability, explained the scope of work for the
projected hadn’t changed, but the cost of materials from 2021 to the present had significantly
increased.
Other Funds
• Revenue
Housing Fund- $879K sale of deed -restricted units
Residences at Main Vail- $4.9M funding transfer from the CPF (above
and beyond bond proceeds)
• New Requests:
Housing Fund- $1.5M placeholder to purchase community buy-down units
Heavy Equipment Fund: $160K to replace two PD vehicles due to
accident
Timber Ridge: $32K for additional snow removal
• Re-appropriations:
Housing Fund: $7.8M for Housing programs (includes $2.9M for Vail
InDeed, $2.65M
for potential purchase of CDOT East Vail Parcel, $2.0M for Residences at
Main Vail opportunity fee)
Residences at Main Vail: $14.4M for remaining project costs
Heavy Equipment Fund: $601K for vehicle purchases delayed by supply
chain issues
Coggin asked for more information regarding the Bear Education Program.
Bertuglia explained the grant came from Colorado Parks and Wildlife that went out to
communities to reduce human and bear conflict.
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Public was called. There was none.
Coggin made a motion to approve, Foley seconded motion passed (7-0).
7. Public Hearings
7.1 Ordinance No. 5, Series of 2023, Second Reading, An Ordinance Adding a New
Chapter 15 to Title 4 of the Vail Town Code, to Regulate Private Security Guards and
Private Security Employers
Presenter(s): Commander Justin Liffick, Vail Police Department
Approve, approve with amendments, or deny Ordinance No. 5, Series of 2023 upon second
reading.
Background: The State of Colorado does not have a regulatory agency that provides oversight
of security companies, security guards, or training requirements for security staff. Large
metropolitan areas have created their own regulations to govern security companies and
security guards with a good deal of success. Until recently, there has not been any need for
these regulations in Vail. The increased presence of armed security personnel in Vail along with
several incidents have caused concern for unregulated security. The Vail Police Department is
requesting an ordinance for oversight and regulation of security companies that work in Vail.
Noll explained the ordinance was an update to comply with Senate Bill 22-032, which stated the
town may not charge a business license fee for a retailer that does not have a physical
presence within the Town of Vail.
Commander Liffick explained there were minor changes made since the first reading that
included language clarifications and the effective date for the ordinance to go into effect would
be June 1, 2023.
Public comment was called.
Erick Gutierrez, Ace Security, stated he was in support of the ordinance, but would like a few
more adjustments made to on the firearm and training requirements, clarifying he would want
his people armed if they had the training.
Ron Delp, Citadel Security, explained he was not opposed the ordinance but shared concerns
that there would be an increase in cost to their clients for the added training.
Coggin made a motion to approve, Staufer seconded motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded motion passed (7-0), meet adjourned at 6:49 p.m.
Respectfully Submitted,
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Attest: __________________________________
Kim Langmaid, Mayo r
___________________________________
Stephanie Bib bens, Town Clerk
27
AGENDA ITEM NO. 4.3
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:March 30, 2023 Town Council SPECIAL Meeting Minutes
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
033023 TC Special Meeting Minutes.pdf
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Town Council Meeting Minutes of March 30, 2023 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 30, 2023
10:30 A.M.
Vail Town Council Chambers
The Special meeting of the Vail Town Council was called to order at approximately 10:30 A.M.
by Mayor Langmaid.
Members present: Kim Langmaid, Mayor
Kevin Foley
Jonathan Staufer
Members present virtually: Travis Coggin, Mayor Pro Tem
Barry Davis
Jen Mason
Members absent: Pete Seibert
Staff members present: Russell Forrest, Town Manager
Kathleen Halloran, Deputy Town Manager
Matt Mire, Town Attorney
Stephanie Bibbens, Town Clerk
1. Presentation/Discussion
1.1 Discuss SB23-213 Colorado Land Use Bill
Presenter(s): Russell Forrest, Town Manager
Listen to presentation and provide feedback regarding next steps.
Background: A discussion with Town Council regarding a response to the proposed terms of
SB23-213, a bill creating land use requirements to address housing needs across the state.
Forrest gave an overview of the proposed Colorado Land Use Bill, explained the Colorado
Municipal League’s (CML) analysis of the proposed bill, and discussed sending a letter to
Governor Polis, outlining areas of concern and support on SB23-213 from Mayor Langmaid and
Town Council.
Foley made a motion to approve the letter as presented, Staufer seconded motion passed (6-0).
There being no further business to come before the council, Staufer moved to adjourn the
meeting; Mason seconded motion passed (6-0), meet adjourned at 11:15am.
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Respectfully Submitted,
Attest: __________________________________
Kim Langmaid, Mayor
___________________________________
Stephanie Bibbens, Town Clerk
30
AGENDA ITEM NO. 4.4
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to 360 Paving for the 2023 Asphalt Overlay
Project
SUGGESTED ACTION:Authorize the Town Manager to enter into an agreement with 360
Paving not to exceed $515,000, to complete the 2023 Vail Overlay
Project on a form approved by the Town Attorney.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
council_memo-overlay.docx
31
To:Town Council
From:Public Works
Date:04/18/2023
Subject:2023 Vail Overlay Contract Award
I.ITEM/TOPIC
2023 Vail Overlay Contract Award
II.ACTION REQUESTED OF COUNCIL
Authorize the Town Manager to enter into an agreement with 360 Paving to complete
the 2023 Vail Overlay Project.
III.BACKGROUND
Staff received 4 bids for the 2023 Vail Overlay Project from 360 Paving, GM Asphalt
Repair LLC, United Companies and JARCCO Construction. The project is budgeted
with the Capital Street Maintenance budget. Roads included in this year’s asphalt
overlay project include Bridge Rd, Lupine Dr, Willow Way, Streamside Cir West, Nugget
Ln, Glen Falls Ln, and Columbine Dr south of Bighorn Rd. The project is scheduled to
be completed by August 25, 2023.
IV.STAFF RECOMMENDATION
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, with 360 Paving to complete the 2023 Vail Overlay Project in the
amount not to exceed $515,000.00.
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AGENDA ITEM NO. 4.5
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Pete Wadden, Environmental Sustainability
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to CREO for Fabrication of Gore Valley Trail
Interpretive Installation
SUGGESTED ACTION:Direct the Town Manager to enter into a contract approved by the
Town Attorney with CREO for the fabrication and delivery of an
interpretive installation for an amount not to exceed $199,625.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CREO Professional Services Agreement
Attachment A CREO_Gore_Creek_Proposal
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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (the "Agreement") is
made and entered into this 18th day of April, 2023 (the "Effective Date"), by and between
the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South
Frontage Road, Vail, CO 81657, (the "Town"), and CREO, an independent contractor with
an address of 8330 Maltby Way, Woodinville, WA, 98072 ("Contractor") (each a "Party"
and collectively the "Parties").
WHEREAS, the Town requires professional services; and
WHEREAS, Contractor has held itself out to the Town as having the requisite
expertise and experience to perform the required professional services.
NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
I. SCOPE OF SERVICES
A. Contractor shall furnish all labor and materials required for the complete and
prompt execution and performance of all duties, obligations, and responsibilities which
are described or reasonably implied from the Scope of Services set forth in Exhibit A,
attached hereto and incorporated herein by this reference.
B. A change in the Scope of Services shall not be effective unless authorized
as an amendment to this Agreement. If Contractor proceeds without such written
authorization, Contractor shall be deemed to have waived any claim for additional
compensation, including a claim based on the theory of unjust enrichment, quantum merit
or implied contract. Except as expressly provided herein, no agent, employee, or
representative of the Town is authorized to modify any term of this Agreement, either
directly or implied by a course of action.
II. TERM AND TERMINATION
A. This Agreement shall commence on the Effective Date, and shall continue
until Contractor completes the Scope of Services to the satisfaction of the Town, or until
terminated as provided herein.
B. Either Party may terminate this Agreement upon 30 days advance written
notice. The Town shall pay Contractor for all work previously authorized and completed
prior to the date of termination. If, however, Contractor has substantially or materially
breached this Agreement, the Town shall have any remedy or right of set-off available at
law and equity.
III. COMPENSATION
In consideration for the completion of the Scope of Services by Contractor, the
Town shall pay Contractor $199,625.00. This amount shall include all fees, costs and
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expenses incurred by Contractor, and no additional amounts shall be paid by the Town
for such fees, costs and expenses. Contractor shall invoice the Town monthly for
materials fabricated, designs completed, and services rendered in the previous month
and shall be paid when those items are completed to the satisfaction of the Town.
IV. PROFESSIONAL RESPONSIBILITY
A. Contractor hereby warrants that it is qualified to assume the responsibilities
and render the services described herein and has all requisite corporate authority and
professional licenses in good standing, required by law. The work performed by
Contractor shall be in accordance with generally accepted professional practices and the
level of competency presently maintained by other practicing professional firms in the
same or similar type of work in the applicable community. The work and services to be
performed by Contractor hereunder shall be done in compliance with applicable laws,
ordinances, rules and regulations.
B. The Town's review, approval or acceptance of, or payment for any services
shall not be construed to operate as a waiver of any rights under this Agreement or of any
cause of action arising out of the performance of this Agreement.
C. Because the Town has hired Contractor for its professional expertise,
Contractor agrees not to employ subcontractors to perform any work under the Scope of
Services.
D. Contractor shall at all times comply with all applicable law, including without
limitation all current and future federal, state and local statutes, regulations, ordinances
and rules relating to: the emission, discharge, release or threatened rele ase of a
Hazardous Material into the air, surface water, groundwater or land; the manufacturing,
processing, use, generation, treatment, storage, disposal, transportation, handling,
removal, remediation or investigation of a Hazardous Material; and the pro tection of
human health, safety or the indoor or outdoor environmental, including without limitation
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601, et seq. ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. §
1801, et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. § 6901, et seq.
("RCRA"); the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; the Clean Water
Act, 33 U.S.C. § 1251, et seq.; the Clean Air Act; the Federal Water Pollution Control Act;
the Occupational Safety and Health Act; all applicable environmental statutes of the State
of Colorado; and all other federal, state or local statutes, laws, ordinances, resolutions,
codes, rules, regulations, orders or decrees regulating, relating to, or imposing liability or
standards of conduct concerning any hazardous, toxic or dangerous waste, substance or
material, in effect now or anytime hereafter.
V. OWNERSHIP
Any materials, items, and work specified in the Scope of Services, and any and all
related documentation and materials provided or developed by Contractor shall be
exclusively owned by the Town. Contractor expressly acknowledges and agrees that all
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work performed under the Scope of Services constitutes a "work made for hire." To the
extent, if at all, that it does not constitute a "work made for hire," Contractor hereby
transfers, sells, and assigns to the Town all of its right, title, and interest in such work.
The Town may, with respect to all or any portion of such work, use, publish, display,
reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such
work without providing notice to or receiving consent from Contractor; provided that
Contractor shall have no liability for any work that has been modified by the Town.
VI. INDEPENDENT CONTRACTOR
Contractor is an independent contractor. Notwithstanding any other provision of
this Agreement, all personnel assigned by Contractor to perform work under the terms of
this Agreement shall be, and remain at all times, employees or agents of Contractor for
all purposes. Contractor shall make no representation that t is a Town employee for any
purposes.
VII. INSURANCE
A. Contractor agrees to procure and maintain, at its own cost, a policy or
policies of insurance sufficient to insure against all liability, claims, demands, and other
obligations assumed by Contractor pursuant to this Agreement. At a minimum,
Contractor shall procure and maintain, and shall cause any subcontractor to procure and
maintain, the insurance coverages listed below, with forms and insurers acceptable to the
Town.
1. Worker's Compensation insurance as required by law.
2. Commercial General Liability insurance with minimum combined single
limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The
policy shall be applicable to all premises and operations, and shall include
coverage for bodily injury, broad form property damage, personal injury (including
coverage for contractual and employee acts), blanket contractual, products, and
completed operations. The policy shall contain a severability of interests provision,
and shall include the Town and the Town's officers, employees, and contractors
as additional insureds. No additional insured endorsement shall contain any
exclusion for bodily injury or property damage arising from completed operations.
3. Professional liability insurance with minimum limits of $1,000,000 each
claim and $2,000,000 general aggregate.
B. Such insurance shall be in addition to any other insurance requirements
imposed by law. The coverages afforded under the policies shall not be canceled,
terminated or materially changed without at least 30 days prior written notice to the Town.
In the case of any claims-made policy, the necessary retroactive dates and extended
reporting periods shall be procured to maintain such continuous coverage. Any insurance
carried by the Town, its officers, its employees or its contractors shall be excess and not
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contributory insurance to that provided by Contractor. Contractor shall be solely
responsible for any deductible losses under any policy.
C. Contractor shall provide to the Town a certificate of insurance as evidence
that the required policies are in full force and effect. The certificate shall identify this
Agreement.
VIII. INDEMNIFICATION
A. Contractor agrees to indemnify and hold harmless the Town and its officers,
insurers, volunteers, representative, agents, employees, heirs and assigns from and against
all claims, liability, damages, losses, expenses and demands, including attorney fees, on
account of injury, loss, or damage, including without limitation claims arising from bodily
injury, personal injury, sickness, disease, death, property loss or damage, or any other
loss of any kind whatsoever, which arise out of or are in any manner connected with this
Agreement if such injury, loss, or damage is caused in whole or in part by, the act,
omission, error, professional error, mistake, negligence, or other fault of Contractor, any
subcontractor of Contractor, or any officer, employee, representative, or agent of
Contractor, or which arise out of a worker's compensation claim of any employee of
Contractor or of any employee of any subcontractor of Contractor. Contractor's liability
under this indemnification provision shall be to the fullest extent of, but shall not exceed, that
amount represented by the degree or percentage of negligence or fault attributable to
Contractor, any subcontractor of Contractor, or any officer, employee, representative, or
agent of Contractor or of any subcontractor of Contractor.
B. If Contractor is providing architectural, engineering, surveying or other design
services under this Agreement, the extent of Contractor's obligation to indemnify and hold
harmless the Town may be determined only after Contractor's liability or fault has been
determined by adjudication, alternative dispute resolution or otherwise resolved by mutual
agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c).
IX. MISCELLANEOUS
A. Governing Law and Venue. This Agreement shall be governed by the laws
of the State of Colorado, and any legal action concerning the provisions hereof shall be
brought in Eagle County, Colorado.
B. No Waiver. Delays in enforcement or the waiver of any one or more defaults
or breaches of this Agreement by the Town shall not constitute a waiver of any of the
other terms or obligation of this Agreement.
C. Integration. This Agreement constitutes the entire agreement between the
Parties, superseding all prior oral or written communications.
D. Third Parties. There are no intended third-party beneficiaries to this
Agreement.
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E. Notice. Any notice under this Agreement shall be in writing, and shall be
deemed sufficient when directly presented or sent pre -paid, first class U.S. Mail to the
Party at the address set forth on the first page of this Agreement.
F. Severability. If any provision of this Agreement is found by a court of
competent jurisdiction to be unlawful or unenforceable for any reason, the remaining
provisions hereof shall remain in full force and effect.
G. Modification. This Agreement may only be modified upon written
agreement of the Parties.
H. Assignment. Neither this Agreement nor any of the rights or obligations of
the Parties shall be assigned by either Party without the written consent of the other.
I. Governmental Immunity. The Town and its officers, attorneys and
employees, are relying on, and do not waive or intend to waive by any provision of this
Agreement, the monetary limitations or any other rights, immunities or protections
provided by the Colorado Governmental Immunity Act, C.R.S. § 24 -10-101, et seq., as
amended, or otherwise available to the Town and its officers, attorneys or employees.
J. Rights and Remedies. The rights and remedies of the Town under this
Agreement are in addition to any other rights and remedies provided by law. The
expiration of this Agreement shall in no way limit the Town's legal or equitable remedies,
or the period in which such remedies may be asserted, for work negligently or defectively
performed.
K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the
current fiscal year is subject to annual appropriation, shall extend only to monies currently
appropriated, and shall not constitute a mandatory charge, requirement , debt or liability
beyond the current fiscal year.
L. Force Majeure. No Party shall be in breach of this Agreement if such Party's
failure to perform any of the duties under this Agreement is due to Force Majeure, which
shall be defined as the inability to undertake or perform any of the duties under this
Agreement due to acts of God, floods, fires, sabotage, terrorist attack, strikes, riots, war,
labor disputes, forces of nature, the authority and orders of government or pandemics.
38
6
4/12/2023
HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV
FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the
Effective Date.
TOWN OF VAIL, COLORADO
________________________________
Russell Forrest, Town Manager
ATTEST:
__________________________________
Stephanie Bibbens, Town Clerk
CONTRACTOR
By: ________________________________
STATE OF WASHINGTON )
) ss.
COUNTY OF _______________ )
The foregoing instrument was subscribed, sworn to and acknowledged before me
this ___ day of ________________, 2023, by ____________________________ as
_________________ of ________________________.
My commission expires:
(S E A L) ________________________________
Notary Public
39
7
4/12/2023
HTTPS://VAILCOGOV.SHAREPOINT.COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV
FILES/ENVIRONMENTAL/CONTRACTS/2023/CREO PSA.DOCX
EXHIBIT A
SCOPE OF SERVICES
See attached proposal and cost estimates
40
Proposal Issued :
02/20/2023
GORE CREEK VALLEY TRAIL EXHIBITS
RESPONSE TO RFP
To: Pete Wadden, Watershed Specialist
Town of Vail
Environmental Sustainability Department
pwadden@vailgov.com
Mark Matthews
Director of Exhibits
P : 704.604.3277
E : mmatthews@creo-ia.com
41
February 20, 2023
Via email: pwadden@vailgov.com
Mr. Pete Wadden
Watershed Specialist
Town of Vail, Environmental Sustainability Department
Vail, Colorado
Reference: Fabrication of a Creative, Interactive Interpretive Installation
Town of Vail Environmental Sustainability Programs
CREO is pleased to present our proposal for the Town of Vail’s Gore Valley Trail Interpretive
installation project. As a collaborative provider of creative exterior experiences and elements
throughout the country, we believe we are uniquely suited to manage, engineer, produce, and
install this unique exhibit.
Based just outside of Seattle, CREO is an award-winning, full-service project management and
production firm with extensive experience managing and producing the key exhibit elements
comprising the Gore Valley project including a variety of exterior graphic outputs, metal sculptural
elements, and interactives. Our in-house capabilities include the essential services for the
project including project management, detailing and engineering, cost estimating, metalworking,
graphics, interactives, lighting and electrical, specialty finishes, and installation.
There are three areas we believe that are unique to CREO that make us the best choice for
producing this project.
ABILITY TO ENGINEER, FABRICATE AND INSTALL COMPLEX EXHIBITS
Our Technical Design department is second to none in the industry having detailed and engineered
a variety of complex structures for museums, public venues, and other environments ranging
from 300’ wide signage on a stadium rooftop to artifact cases cantilevered off facility columns.
Having previously engineered, fabricated, and installed similar elements to those represented
in the concept design will reduce pre-production time, mitigate risk, and promote a successful
installation.
PRODUCTION AND INTEGRATION OF GRAPHICS
Since our inception in the mid-1980s, CREO has had the opportunity to produce and install nearly
every kind of exterior and interior graphics output one can imagine, for virtually every possible
venue including state parks, museums, visitor centers, corporate spaces, and public attractions.
We have produced several projects comprised on direct-embed graphics and are adept at
managing those types of outputs and vendors. Our Graphics Project Manager is highly experienced
42
at managing final artwork, ensuring graphics align with construction drawings, supervising the
production of samples and final product, and coordinating the installation of graphic elements.
COMPLEX METAL FABRICATIONS
Our metal production capabilities include CNC cutting, welding, forming, and finishing interior
and exterior structures in a variety of materials including aluminum, steel and stainless. Our
metal fabrication specialists work closely with our Technical Design team to ensure the proper
approaches to material, fabrication and finishing are considered during the shop drawing process.
CREO would welcome the opportunity to join the Gore Valley project team. As supported by our
proposal, we believe this project is a great fit for our capabilities, experience, and approach.
Our bid is solid, responsible, and trustworthy. Please do not hesitate to contact us if there is any
additional information we can provide. We look forward to speaking with you soon.
Very truly yours,
Mark Matthews
Director of CREO Exhibits
mmatthews@creo-ia.com
704.604.3277
43
FIRM PROFILE
HISTORY
CREO Industrial Arts was established in 2006
after the current owners, Patrick Angelel and
Jim Storie, purchased Sign Tech, a custom
architectural signage company founded in
1986. Patrick and Jim invested in technology
and people, enhanced the service and product
offerings, and refocused the newly branded
company towards more complex architectural
signage and environmental graphics projects
throughout the U.S. As the projects became
more complex and the needs changed, CREO
evolved as well. The company’s state-of-the-art
metal and graphics expertise were enhanced by
expanded carpentry and millwork capabilities,
followed by investment in interactive and media
resources. The company began to work with
regional museums and designers to produce
exhibit projects. These expanded offerings and
early success supporting museums led to the
creation of CREO Exhibits.
Since the formation of this division, CREO
Exhibits has continued to expand its capabilities
and resources which in turn led to more
complex museum projects across a
broader geographic footprint. We have been
fortunate to work with several nationally
recognized exhibit design firms in the production
of numerous high-profile projects including
the Cody Firearms Museum, Bluegrass Music
Hall of Fame & Museum, The Mob Museum, the
US Olympic and Paralympic Museum and most
recently the Bob Dylan Museum.
OWNERSHIP
CREO Industrial Arts is a privately held Limited
Liability Company with offices in Woodinville,
WA and Charlotte, NC. Principals include:
• Patrick Angelel Principal
• Jim Storie Principal
CREO Exhibits is a division of CREO Industrial
Arts.CREO operates under the management
of Co-Owners (Principals) and maintains a
permanent staff of 120 employees organized
around the following functional departments:
Production, Project Management, Engineering,
Graphics Production, Warehouse / Logistics,
and Administration. We also have a
national network of proven freelancers and
subcontractors to expand our production
capacity as required.
44
FACILITIES
• Graphics production
• Interactive development & production
• Scenic production & specialty
treatments
• Media hardware & integration
• Lighting hardware & integration
• Artifact mount-making & mounting
• Interior & exterior signage and
wayfinding
• Metalworking
• Woodworking
• Acrylics
• Finishing
• Sculpting & model-making
• CNC Routing
• 3D Printing
• Electrical & UL-certified shop
• Site preparation coordination
• Shipping, delivery & installation
• Finishing
• Sculpting & model-making
• CNC Routing
• 3D Printing
• Electrical & UL-certified shop
• Site preparation coordination
• Shipping, delivery & installation
CAPABILITIES
CREO operates from a dedicated 60,000 square-
foot facility with the requisite space, equipment,
infrastructure, and resources to successfully
manage and produce the exhibits envisioned
for your project This facility is supported by
another 60,000 square-foot facility housing our
Environmental Graphics & Interiors operation
in the same industrial park.
CREO’s in-house capabilities include the core
services and resources to design, engineer,
prototype, fabricate, test, integrate, and install
the components represented by exhibit design.
• Project management
• Architectural coordination
• Coordination with contractors, trades,
and suppliers
• Cost estimating & value engineering
• Technical design & engineering
• R&D and prototyping
• Conservation-approved artifact case
construction
45
Amazon
Bob Dylan Center
Boeing
Chihuly Garden and Glass
Children’s Museum of Tacoma
City of Bremerton
City of Owensboro
Climate Pledge Arena
Cody Firearms Museum
Department of the Airforce
Google
Hill Aerospace Museum
LeMay - America’s Car Museum
Metro Parks Tacoma
Microsoft
Museum of Flight
National Park Service
Nevada Division of State Parks
Point Defiance Zoo & Aquarium
Puget Sound Energy
Smith Tower
The Mob Museum
T-Mobile
US Fish & Wildlife
US Olympic and Paralympic Museum
WA State Fair
WA State Historical Society
WA State Parks and Recreation Commission
SELECT CLIENTS
46
REFERENCES
ICE AGE FOSSILS
Mark Brady
Nevada Division of State Parks
m.brady@parks.nv.gov
775.684.2798
CABQ BIOPARK
Erich Ehlert
Bradbury Stamm Construction
Project Manager
eehlert@bradburystamm.com
505.765.1200
ICE AGE FLOODS
Sam Wotipka
Washington State Parks & Recreation
sam.wotipka@parks.wa.gov
360.902.8844
47
Direct Embed Coating Systems, LLC.
280 N. Midland Ave, Building C-1
Saddle Brook, NJ 07663
Contact: Kevin Cherashore
Title: Owner/President
Ph: (973)569-1111 Ext. 102
Fax: (973)807-1642
URL: www.directembedcoating.com
Services: A company that provides a unique and permanent direct embed process for
transferring images to a powder coated finish on a range of surface types. As a supporting
firm for this project, Direct Embed will process and coat the aluminum panel signage to the
specifications described in the RFP scope of work.
PARTNERING FIRM
48
Project Manager $120.00
Technical Design Manager $120.00
Technical Designer $108.00
Graphics Production Manager $114.00
Graphics Specialist $108.00
Fabrication Shop Supervisor $114.00
Exhibit Specialist (Fab) $108.00
Exhibit Specialist (Graphics) $108.00
Interactives Specialist $114.00
Installation Supervisor $120.00
Installation Specialist $108.00
STANDARD BILLING RATE(S) RANGE
49
WORK SAMPLES - DIRECT EMBED ALUMINUM PANELS
Please see following pages
50
Idaho Falls Zoo
Location: Idaho Falls, ID
Scope included coordination with general contractor,
and production and installation of exterior graphics
and powder-coated metal signage components.
Approximate cost range: $200,000 - $330,000
51
CABQ BioPark Asia (in progress)
Location: Albuquerque, NM
Scope included coordination with general
contractor, technical planning and coordination of
bronze sculpture and site structure integration, and
production and installation of exterior graphics and
powder-coated metal signage components.
Approximate cost range: $1M - $1.2M
52
CABQ BIOPARK - ASIA EXHIBIT
Please see sample drawings on following
pages.
53
1.0
ELEMENT ID:
QTY:
LOC:
JOB#:
PROJECT:
ELEMENT LEAD
PROJECT MANAGER:
DRAWN BY:
SUBMITTAL DATE:
OF
STEVE S.
MICHAEL E.
DOUG H. / TONY H.
CABQ BIOPARK
ASIA EXHIBIT
003859
ALBUQUERQUE, NM
3113
1.4 AND 1.5
WILDLIFE TRAFFICKING
(1)
15
07/18/2022
34
REVISIONS:
2.0
3.0
4.0
5.0
8329 216TH STREET SE
WOODINVILLE, WA 98072
T: 425.775.7444 F: 425.775.2505
WWW.CREOINDUSTRIALARTS.COM
6.0
7.0
8.0
9.0
PAGE:
SHEET:
SUB:
X.400
DETAILS
SCALE:
DETAIL1 X.300
1
3" = 1'-0"SCALE:
DETAIL2 X.301
2
3" = 1'-0"
15
05 (4) PLACES
06
07 EACH SIDE,
TYPICAL
TYPICAL
04
03
TYPICAL
TYPICAL
18 EACH SIDE
OF RAFTER
03 EACH SIDE
0102
G
H
METAL ROOFING,
BY OTHERS
D
A
07
09
EACH SIDE,
TYPICAL
(2) PLACES06TYPICAL
08(2) PLACES
06
07EACH SIDE,
TYPICAL
TYPICAL
2
400 SIMILAR
09(2) PLACES
06
07EACH SIDE,
TYPICAL
TYPICAL
E
16
05(4) PLACES
07EACH SIDE,
TYPICAL
04
03
D
06 TYPICAL
G
18 EACH SIDE
OF RAFTER
01
02
03EACH SIDE
B
SCALE:
DETAIL3 X.301
1
3" = 1'-0"
H
METAL ROOFING,
BY OTHERS
G
13
14
1-1/2" DIAMETER,
1/2" DEEP POCKET
54
1.0
ELEMENT ID:
QTY:
LOC:
JOB#:
PROJECT:
ELEMENT LEAD
PROJECT MANAGER:
DRAWN BY:
SUBMITTAL DATE:
OF
STEVE S.
MICHAEL E.
DOUG H. / TONY H.
CABQ BIOPARK
ASIA EXHIBIT
003859
ALBUQUERQUE, NM
3113
1.4 AND 1.5
WILDLIFE TRAFFICKING
(1)
20
07/18/2022
34
REVISIONS:
2.0
3.0
4.0
5.0
8329 216TH STREET SE
WOODINVILLE, WA 98072
T: 425.775.7444 F: 425.775.2505
WWW.CREOINDUSTRIALARTS.COM
6.0
7.0
8.0
9.0
PAGE:
SHEET:
SUB:
X.420
DETAILS
GRAPHIC PANELS
SCALE:
ELEVATION2 X.001
1
3" = 1'-0"
SCALE:
PLAN1 X.001
1
3" = 1'-0"
PER GRAPHIC SCHEDULE
3"
EQUAL
BRACKETS BEHIND, TYPICAL
3
420
EQUAL
3
8" GAP
TYPICAL
3
8" GAP
TYPICAL
SCALE:
DETAIL3 X.420
2
1' = 1'-0"
3"
EQ
EQ
SCALE:
PANEL BRACKET4 X.420
3
6" = 1'-0"
AS
NEEDED
3
4"
7
8"
13
8"
FRONT
QTY
8
DRILL 3/16" DIAMETER
HOLE, MINIMUM (2)
PLACES THIS LEG,
MAXIMUM 12" OC
Z
1"
1"
CL
CL
3
4"
SECTION
3
16"5
32"
CL CL
DRILL 1/4" DIAMETER
HOLE, MINIMUM (2)
PLACES THIS LEG,
MAXIMUM 12" OC,
COORDINATE WITH
STUDS AT BACK OF
GRAPHIC PANEL
SCALE:
FRAME BRACKET5 X.420
3
6" = 1'-0"
AS
NEEDED
1
2"
1
2"
CL
3
8"3
8"
FRONT
SECTION Y
QTY
4
3
4"
3
4"
CL
3
4"5
16"3
8"
DRILL 1/8" PILOT HOLE,
MINIMUM (2) PLACES,
MAXIMUM 12" OC
11
2"
TYP
VARIES 11
2"
TYP
PER GRAPHIC SCHEDULE
3
8" GAP
TYPICAL
3
8" GAP, TYP
11
2"
TYP
VARIES 11
2"
TYP
CL
7
8"
CL
21
23 (2) PLACES AT
EACH BRACKET
TYPICAL
22 TYPICAL
TYPICAL4
420
DRILL AND TAP
FOR 8-32 SCREW,
TYPICAL
5
420
DRILL AND BLIND
TAP STEEL FRAME
FOR 10-24 SCREW
24 TYPICAL
25 TYPICAL
AA TYPICAL
55
1.0
ELEMENT ID:
QTY:
LOC:
JOB#:
PROJECT:
ELEMENT LEAD
PROJECT MANAGER:
DRAWN BY:
SUBMITTAL DATE:
OF
STEVE S.
MICHAEL E.
DOUG H. / TONY H.
CABQ BIOPARK
ASIA EXHIBIT
003859
ALBUQUERQUE, NM
3113
1.4 AND 1.5
WILDLIFE TRAFFICKING
(1)
21
07/18/2022
34
REVISIONS:
2.0
3.0
4.0
5.0
8329 216TH STREET SE
WOODINVILLE, WA 98072
T: 425.775.7444 F: 425.775.2505
WWW.CREOINDUSTRIALARTS.COM
6.0
7.0
8.0
9.0
PAGE:
SHEET:
SUB:
X.421
DETAILS
GRAPHIC PANELS
SCALE: NONE (NTS)
EXPLODED ISOMETRIC1 X.500
1
(4) PLACES AT
EACH PANEL
4
420
21
EACH SIDE1
710
AT EACH FRAME
BRACKET
22
(4) PLACES 5
420
TYPICAL
24TYPICAL
25TYPICAL
10-24 STUD ATTACHED
TO PANEL BY VENDOR
MP-06 TYPICAL
56
1.0
ELEMENT ID:
QTY:
LOC:
JOB#:
PROJECT:
ELEMENT LEAD
PROJECT MANAGER:
DRAWN BY:
SUBMITTAL DATE:
OF
STEVE S.
MICHAEL E.
DOUG H. / TONY H.
CABQ BIOPARK
ASIA EXHIBIT
003859
ALBUQUERQUE, NM
3113
1.4 AND 1.5
WILDLIFE TRAFFICKING
(1)
22
07/18/2022
34
REVISIONS:
2.0
3.0
4.0
5.0
8329 216TH STREET SE
WOODINVILLE, WA 98072
T: 425.775.7444 F: 425.775.2505
WWW.CREOINDUSTRIALARTS.COM
6.0
7.0
8.0
9.0
PAGE:
SHEET:
SUB:
X.430
DETAILS
SPINNER INTERACTIVES
SCALE:
ELEVATION2 X.001
1
SCALE:
PLAN1 X.001
1
3" = 1'-0"
3" = 1'-0"
VARIES - PER GRAPHIC PANEL PLAN
PER
PLAN
5
8"
5
8"
61
4"
EQUAL 61
4"EQUAL
201
2"20 7
16"
6"
1
2"
6"
1
2"
6"
23
32"
127
8"
EQUAL EQUAL
CL
6" = 1'-0"
2
432 (4) PLACES
1
432
TOP AND BOTTOM
02TOP AND BOTTOM
05 (2) PLACES
04 (2) PLACES
2
433
3
433
3
432
SCALE:
EXPLODED ISOMETRIC3 X.001
1
23
32"
61
4"
MP-01
MP-01
NOTE:
-SEE BOM ON SHEET X.401 FOR
SPINNER ELEMENTS ONLY, UNO
AT EXPOSED FACES
AT EXPOSED FACES
57
1.0
ELEMENT ID:
QTY:
LOC:
JOB#:
PROJECT:
ELEMENT LEAD
PROJECT MANAGER:
DRAWN BY:
SUBMITTAL DATE:
OF
STEVE S.
MICHAEL E.
DOUG H. / TONY H.
CABQ BIOPARK
ASIA EXHIBIT
003859
ALBUQUERQUE, NM
3113
1.4 AND 1.5
WILDLIFE TRAFFICKING
(1)
23
07/18/2022
34
REVISIONS:
2.0
3.0
4.0
5.0
8329 216TH STREET SE
WOODINVILLE, WA 98072
T: 425.775.7444 F: 425.775.2505
WWW.CREOINDUSTRIALARTS.COM
6.0
7.0
8.0
9.0
PAGE:
SHEET:
SUB:
X.431
DETAILS
SPINNER INTERACTIVES
HARDWARE SCHEDULE
#DESCRIPTION PART#QTY NOTES
01 D-Profile Rotary Shaft, D-Profile on Both Ends, 303
Stainless Steel, 5/8" Diameter, 36" Long [each]8632T159 MMC
02 Oil-Embedded Flanged Sleeve Bearing for 5/8" Shaft
Diameter and 7/8" Housing ID, 1/2" Long [each]6338K427 MMC
03 Epoxy "Green Glue" [Loctite H8100, 50 ml]1056942 Hisco
04 Neodymium Rare Earth Magnet N45 3"x1/2"x1/4" w/
Countersunk Holes on N [each]
NB035-45N-N2#
6 CMS Magnetics
05 Neodymium Rare Earth Magnet N45 3"x1/2"x1/4" w/
Countersunk Holes on S [each]
NB035-45N-S2#
6 CMS Magnetics
06 6-32 x 1/2" Passivated 18-8 Stainless Steel Phillips Flat
Head Screw, 82 Degree Countersink [100ct]91771A148 MMC
07 10-24 x 1/2" Tamper-Resistant Torx Flat Head Screws,
18-8 Stainless Steel [25 ct]91870A242 MMC
08 Aluminum Unthreaded Spacer, 1" OD, 1/2" Long, for 5/8"
Screw Size [each]92510A821 MMC
09 1/4"-20 x 1" Passivated 18-8 Stainless Steel Phillips Flat
Head Screw, 82 Degree Countersink Angle [50 ct]91771A542 MMC
10 10-24 x 1/4" 18-8 Stainless Steel Cup-Point Set Screw
[100 ct]92311A238 MMC
11 10-24 18-8 Stainless Steel Thin Nylon-Insert Locknut
[100 ct]90101A011 MMC
12 10-24 x 1" Passivated 18-8 Stainless Steel Pan Head
Phillips Screw [50 ct]91772A247 MMC
13 18-8 Stainless Steel Unthreaded Spacer, 1" OD, 1/2"
Long, for 5/8" Screw Size [each]92320A269 MMC
01
A
6" = 1'-0"6" = 1'-0"
61
4"
1
8"
6"
1
8"
7
8"
41
4"
7
8"
61
4"
1
8"6"1
8"
7
8"41
4"7
8"
21
4"11
2"21
4"
15
8"
15
8"
21
4"
11
2"
21
4"
6"51
2"
CLEAR
F MILLED SHAFT
END CAP09(2) PLACES, TOP
AND BOTTOM
02 TOP AND BOTTOM
07 TYPICAL
AA TYPICAL
C 4-1/2" LONG,
TYPICAL
DRILL AND TAP FOR
6-32 SCREW, TYPICAL
06 TYPICAL
DRILL AND COUNTERSINK
FOR 10-24 SCREW, TYPICAL
ADD SPACER AS
NEEDED, TYPICAL
A
B
C
02
05
05
04
D TYP
6" LONG,
TYPICAL
TYPICAL
TYPICAL
01
4"
3
4"
3
4"
06 TYPICAL
DRILL AND TAP FOR
10-24 SCREW, TYPICAL
10TYPICAL
11 TYPICAL
SCALE:
SECTION2 X.001
1
SCALE:
PLAN / SECTION1 X.001
1
04
NOTE:
-BOM SHOWN IN THIS SHEET
FOR SPINNER ELEMENTS ONLY
MATERIAL SCHEDULE
#DESCRIPTION NOTES
A 1/4" Aluminum Plate, 6061-T651 [48" x 96"]Coast [14PL61]
B 1/2" Aluminum Square Bar, 6061-T6511 [12 ft]Coast [12SQ61]
C 3/4" x 3/4" x 1/8" Aluminum Angle, 6061-T6 [16 ft]Coast [343418A63]
D 3/4" x 1-1/2" x 1/8" Aluminum Channel, 6063-T52 [16 ft]Coast [3411218C63]
E 3/4" Aluminum Plate, 6061-T651 [48" x 96"]Coast [34PL61]
6"
6"
1
2"
1
2"
A TYP
08 TYPICAL
12 TYPICAL
D
01 20-3/16"
LONG
11 TYPICAL
DRILL FOR 10-24
SCREW, TYPICAL
23
32"
25
32"
5
16"
53
8"
5
16"
58
WORK SAMPLES - CORTEN AND FAUX-FINISHED STEEL STRUCTURES
Please see following pages
59
Ice Age Fossils Visitor Center (in progress)
Location: North Las Vegas, NV
Scope included developing technical and design
drawings, Corten steel structures, AV integration,
lighting, tactile models and integration, display
cases and plinths, mount making services, and
production and installation of mixed media graphics
and signage components.
Approximate cost range: $910,000 - $940,000
60
MCGREGOR SQUARE
Location: Denver, CO
Scope included production and installation of
brushed, etched, and faux finished steel structures,
light integration, and production and installation
of mixed media exterior graphics and signage
components.
Approximate cost range: $1M - $1.4M
61
WORK SAMPLES - UNIQUE METAL WORK
Please see following pages
62
Puget Sound Naval Shipyard Memorial Plaza
Location: Bremerton, WA
Scope included coordination with general
contractor, and production and installation of
exterior graphics, powder-coated metal structures
and bronze cast sculptures.
Approximate cost range: $195,000 - $200,000
63
AMGEN CORPORATION
Location: Thousand Oaks, CA
Scope included coordination with general contractor,
and production and installation of exterior graphics.
Approximate cost range: $30,000 - $35,000
64
WORK SAMPLES - OUTDOOR INTERACTIVES
Please see following pages
65
Ice Age Floods
Location: 5 different locations across WA state
Scope included development of site plans, graphic
proofs, mounting plans, and technical drawings
interpretive displays and interactive components
in both indoor and exterior environments in five
different state parks, and production and installation
of exhibit elements.
Approximate cost range: $300,000 - $350,000
66
NORTHWEST TREK WILDLIFE PARK
Location: Eatonville, WA
Scope included coordination with general
contractor, and production and installation of
exterior graphics, canopy structures, powder-
coated metal components, and media interactives.
Approximate cost range: $45,000 - $50,000
67
SHOP DRAWINGS
Our Technical Designers typically work in
AutoCAD, but also have extensive experience in
Fusion 360, Rhino, Sketchup Pro, SolidWorks,
Premier, and 3-Axis CNC. We rely on the use
BlueBeam and Smartsheet for internal reviews
and managing documentation.
For structures requiring input from a
professional engineer or where we desire
formal feedback on our drawings, we maintain
an active roster of engineering firms licensed
throughout the US. Structures such as the
suspended mobile, two-story display case
and scenic structures are examples where we
would engage our professional engineers early
in the process.
CREO’s Technical Design department is
second to none in the industry having
detailed and engineered a variety of complex
structures for museums, public venues, and
other environments ranging from 300’ wide
signage on a stadium rooftop to artifact cases
cantilevered off facility columns. Supported
by our 10-person technical design team, we
consider documentation services more than
just what our shop requires for fabrication.
Our job is to be fully transparent in our details
long before the project is in fabrication, setting
a clear expectation and understanding of the
project scope and how we intend to maintain the
design intent. We believe all project participants
including clients, designers, architects, and
other contractors should be aware of every
nut, bolt, material, seam, finish, hardware,
interface, etc., and have the opportunity to
clearly review and provide feedback for each
element before we fabricate.
Our typical technical design deliverable is
comprised of the following elements:
• Cover sheet clearly identifying project,
project participants, submittal/revision
number, date, author, element lead,
item number, etc.
• Rendered view of the specific
component(s)
• Sheet index and schedules for
materials, finishes, graphics, etc.
• Overall exhibit floor plan with
component location for reference
• Elevations, sections, and plans
• Details
• Exploded isometrics
• Graphics
• Cut files
• Electrical / mechanical integration
• Installation instructions
68
PRELIMINARY PROJECT MILESTONE SCHEDULE
In developing the preliminary project milestone schedule CREO relied on the following assumptions:
• Contract execution on March 3, 2023 with a kick-off meeting no later than March 10, 2023
• Shop drawings for balance of Gabion structures will not begin until the Mock-up is reviewed /
approved by TOV and H+R
• Final production-ready artwork for the Mock-up will be available no later than March 31, 2023
• Lead time for production of direct embed graphic for Mock-up; 8-10 weeks plus shipping time
• TOV and H+R review time for samples, shop drawings, and other deliverables of five (5) working
days
• Shop drawings will be produced and submitted in batches of similar components
• Final production-ready artwork for the graphic components (except for Mock-up) will be
available no later than June 2, 2023.
• Production of direct embed graphics will be scheduled in a single production run and 8-10 weeks
of lead time plus shipping time
• Virtual shop inspections and progress reports during production
• Single delivery of components
• Single mobilization for installation; TOV resources mobilized at arrival of components
Production of direct embed graphics represents that critical path in the schedule and is driving the
interim and overall dates. CREO is open to revisiting any of these assumptions as needed to
accommodate requirements by TOV and / or H+R that may result in accelerated schedule. During the
kick-off meeting, we will discuss each milestone phase (Mock-up, Shop Drawings, Production,
Delivery/Installation) in more detail and are open to exploring modifications to our assumptions and the
timeframe before establishing and finalizing the formal project schedule.
# If direct embed graphics for Mock-up (8-10 weeks) can be accelerated the overall project schedule can
be accelerated dramatically and the objective of a Summer 2023 is achievable.
Milestone Phase Start Finish
Contract Execution 3.3.23
Project Kick-off Meeting 3.10.23
Mock-up (Shop Drawings) 3.10.23 3.24.23
Mock-up (Shop Drawings Review) 3.27.23 3.31.23
Mock-up (Production / Graphic #) 4.3.23 6.2.23
Mock-up (Review) 6.5.23 6.9.23
Shop Drawings (Batch 1 – Gabions) 6.12.23 6.23.23
Shop Drawings (Batch 1 – Gabions Review) 6.26.23 6.30.23
Shop Drawings (Batch 2 – Rails / Tables / Pylon) 3.10.23 3.31.23
Shop Drawings (Batch 2 – Rails / Tables / Pylon Review) 4.3.23 4.7.23
Shop Drawings (Batch 3 – Tubes / Scopes) 3.27.23 4.14.23
Shop Drawings (Batch 3 – Tubes / Scopes Review) 4.17.23 4.21.23
Shop Drawings (Batch 4 – Corten Sculptures / Other) 3.27.23 4.14.23
Shop Drawings (Batch 4 – Corten Sculptures / Other Review) 4.17.23 4.21.23
69
PRELIMINARY PROJECT MILESTONE SCHEDULE
Production (Batch 1 – Gabions) 7.3.23 9.15.23
Production (Batch 2 – Rails / Tables / Pylon) 7.3.23 9.15.23
Production (Batch 3 – Tubes / Scopes) 4.24.23 6.9.23
Production (Batch 4 – Corten Sculptures / Other) 4.24.23 6.9.23
Shipping 9.18.23 9.22.23
Installation (Supervision) 9.25.23 9.29.23
Inspection 9.28.23 9.29.23
Final Acceptance 9.29.23
70
COST PROPOSAL
Project
Component
Assumptions / Clarifications Price
Site Supervision Assumes one trip / mobilization. Per bid packet instructions, Creo to provide
instruction to Vail Public Works on "how to" install one (1) of each of the elements.
No hands-on labor is included. Instruction for each installation will be repeated by
the city without Creo supervision assumed. This cost includes travel costs and
associated Site Supervision labor hours.
$6,732.00
Shipping Shipping for all the completed fabricated elements is included here. Assumes one
delivery of all finished components. Includes allownce for Direct Embed shipping.
$6,540.00
Mock-up One gabion complete with graphics provided by Direct Embed. Assembled here at
Creo for photos, and virtual shop inspection / meeting to view and discuss features.
Includes sample rocks being sourced locally of approximate size as specified for final
installation. Includes fees from Direct Embed for Art set up, color matching, jig fees
and shop drawings. As well as Gabion prototype sample, separate mobilization from
full project. We have included 10" x 30" PVC drain pipe with end caps for increased
structural durability.
Assumes mock-up is selected as a first article and will be used in one of the exhibit
areas.
$19,687.00
Samples Graphic sample is included from Direct Embed above. Folded design with graphics,
one sample only to be sent to Creo for mock-up then Creo to send to client, or vice-
versa. Creo to provide powder coated steel samples to client and design firm.
Samples will replicate a "corten" color to be used on Gabion mesh, and sighting,
spotting scopes.
$1,073.00
01 Journey of Gore Creek | East Vail Highway Exit $9,359.00
PM Includes Project Management and Graphics Production Management. Assumes
Graphics Production Ready Artwork provided by others.
$3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$1,842.00
Graphics $4,268.00
Gabion Fabrication Mock-up serves as first article for this area. $0.00
71
COST PROPOSAL
Project
Component
Assumptions / Clarifications Price
02 A Good Neighbor: The Beaver | Beaver Pond $21,015.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$4,820.00
Graphics $6,061.00
Gabion Fabrication $6,6885.00
03 Diversity Is Health | Ford Park, bridge to Nature Center $18,194.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$4,874.00
Graphics $2,162.00
Fish Cut-out Corten $853.00
Sighting Tubes with
polarized lens
TOV has decided to only have sighting tubes at station 3, and those will be
mounted.
$3,622.00
Pine Martin Cut-out
Corten
$2,134.00
06 A Year of Change | Between Ford Park and bridge to Vail Village $25,739.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$9,747.00
Graphics $3,234.00
Corten Pylon $3,219.00
Gobo with
Mounting system
$6,290.00
72
COST PROPOSAL
Project
Component
Assumptions / Clarifications Price
08 Small but Mighty | Public library $12,027.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$2,166.00
Graphics $6,111.00
Three
Microinvertebrates
$501.00
09 Help a Healthy Creek take Root | Behind Lion Square Lodge $18,919.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$2,383.00
Graphics $4,268.00
Gabion Fabrication $6,885.00
North American
Porcupine Cut-out
$2,134.00
10 A Gold Medal Trout Stream | Between wastewater plant and skier bridge $15,752.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$1,300.00
Graphics $4,318.00
Gabion Fabrication $6,885.00
73
COST PROPOSAL
Project
Component
Assumptions / Clarifications Price
11 A Home for Trout | Wastewater treatment plant outflow point $20,689.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Deaprtment consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$1,842.99
Graphics $7,860.00
Gabion Fabrication $6,885.00
Fish Cut-out $853.00
12 Restore the Gore | Donovan Park $23,899.00
PM Includes Project Management and Graphics Production Management. $3,249.00
Technical Design Includes all Technical Design Department consultation and AutoCad drawing
development for Designer / Client approval, and shop drawings for fabrication.
Includes needed cut-file creation for production.
$2,925.00
Graphics $6,111.00
Gabion Fabrication $6,885.00
Spotter Scope
High & Low
$4,729.00
Total Project
Costs
Does not include sales or use tax $199,625.00
74
THANK
YOU
Mark Matthews
E: mmatthews@creo-ia.com
W : www.creoexhibits.com
CREO Exhibits
8330 Maltby Road, Ste A
Woodinville, WA 98072
75
AGENDA ITEM NO. 4.6
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Tom Kassmel, Public Works
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Contract Award to R&H Mechanical and Berich Masonry for
Lionshead Snowmelt Repair
SUGGESTED ACTION:Authorize the Town Manager to enter into agreements with the
following companies not to exceed the respective amounts, on a form
approved by the Town Attorney: R&H Mechanical ($450,000) and
Berich Masonry ($125,000).
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CouncilMemo4-18-23 (1).docx
76
To:Vail Town Council
From:Public Works Department
Date:April 18, 2023
Subject:Lionshead Snowmelt Repair Contract Award
I.SUMMARY
The Town of Vail publicly bid the first phase of the Lionshead Snowmelt Repair Project
to repair snowmelt mains and laterals, as well as aging manifolds. This phase of work
will impact the eastern half of the Lionshead Village from just east of Sunbird Park to
just west of the In-Town Bus Stop. The project budget for this first phase is $900,000.
The Town received two General Contractor bids significantly over budget.
Icon Inc.$2,312,160
Hyder Construction $2,102,844
The overage is likely due to necessary coordination and overhead, as well as the
potential risks and unknowns of digging into the existing snowmelted streetscape.
However, last fall, with the help of R&H Mechanical and Berich Masonry, the town
repaired one location near Sunbird Park to better understand the potential risks and
unknowns and understand what effort and cost it might take to complete these types of
repairs. Staff believes with this experience and utilizing the same contractors and town
resources we will be able to complete the repairs more cost effectively than hiring a
General Contractor.
Town staff will manage the project and coordinate the necessary contractors, staff, and
equipment to complete the work. In addition to contracting with R&H Mechanical and
Berich Masonry, staff will also contract with an asphalt contractor, various vacuum
excavating contractors, and hire (2) temp construction laborers to complete the project.
Based on last fall’s experience we expect this phase of the project to cost less than the
budgeted $900,000.
77
II.RECOMMENDATION
Direct the Town Manager to enter into contracts, as approved by the Town Attorney,
with the following two contractors.
R&H Mechanical $ 450,000
Berich Masonry $ 125,000
The Town will also contract separately throughout the project for additional services.
Asphalt Paving ~$ 40,000
Vacuum Excavator ~$ 45,000
Temp. Services ~$ 50,000
Misc. Services ~$ 40,000
And carry a $150,000 contingency for encountered unknowns.
78
AGENDA ITEM NO. 4.7
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Consent Agenda
AGENDA SECTION:Consent Agenda
SUBJECT:Increase Funds for Heavy Equipment Purchase
SUGGESTED ACTION:
Direct the Town staff to increase the HEF budget by $108,500. Which
will be added to the second supplemental scheduled this June. This
Allows for the Town Manager to approve the purchase for the
backhoe and motor grader.
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
CouncilMemo 4-18-23 Heavy Equipment Fund Increase.docx
79
To:Vail Town Council
From:Public Works Department
Date:April 18, 2023
Subject:Increase Funds for Heavy Equipment Purchase
I.SUMMARY
The purpose of this item is a request for additional funding to purchase a backhoe and
motor grader that are on the 2023 HEF budget.
This year the public works are up for replacement in our HEF budget. The estimated
replacement funds for this started in 2011 and 2013 when we purchased the last pieces
of equipment. As with everything in the last three years, heavy equipment prices have
also sky rocketed due to higher steel cost and general demand. In our current approved
HEF budget we have $423,300.00 budgeted for the motor grade and $144,600 for the
backhoe. The equipment quotes came in at $496,768.00 for the motor grader and
$179,596.00 for the backhoe. For both pieces of machinery, we are $108,464.00 over
budget. Both of these machines are vital to our operation especially during snow
removal times. They have a very difficult job that incurs lots of wear and tear. They are
both showing their ages as the backhoe is 12 years old and the motor grader is 10
years old. We would like to request that these machines stay in the 2023 budget and
that $108,500 be allocated from the HEF reserve to the 2023 HEF capital budget.
II.RECOMMENDATION
Direct the Town staff to increase the HEF budget by $108,500. Which will be added to
the second supplemental scheduled this June. This Allows for the Town Manager to
approve the purchase for the backhoe and motor grader.
80
AGENDA ITEM NO. 5.1
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Town Manager Update
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Town Manager Update 040423.docx
81
Town Managers Update
April 25, 2023
1. SB23-213
The Town Manager will provide an update on SB23-213 related to affordable housing and state mandated land use requirements.
2. Other Updates
The Town Manger may also have other updates to provide the Town Council to ensure timely communication.
82
PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
PRIORITY CATEGORY ISSUE STATEMENT GOALS NEXT STEPS WHO
1 Housing A severe lack of affordable housing in the Eagle
Valley and Vail specifically is threatening our
ability to attract and retain employees to
support our economy and Community.
The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber Ridge
and West Middle Creek housing developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with
RMV property manager.
2. Develop a Letter of Intent with Timber
Ridge Developer.
3. Complete conceptual site planning for
West Middle Creek.
4. Acquire East Vail CDOT parcel.
5. Work with institutional partners to
acquire a significant regional housing
site.
Housing
Director
lead,
supported by
Town
Manager &
Deputy
Manager,
Finance
Dept, Public
Works, Com
Dev
2 Civic Hub and
Town Hall
The Town has $36 million to utilize on public
uses in Lionshead which could be used for the
implementation of the Civic Hub Plan which
must be spent by 2030. Dobson Ice Rink's
building systems are failing and need
replacement. The Town Hall offices at 75 S.
Frontage Rd are at the end of their useful life
and either require an investment to renovate
or they need to be replaced.
By November 1, 2023:
1.Determine a program, budget, and critical path to
renovate Dobson Ice Arena so that it will continue to
serve Vail for another 40 to 50 years.
2.Determine whether to renovate or relocate Town of
Vail offices and if relocated determine best
location(s), a budget, and a timeline for relocation
or renovation.
Note: The Town Manager would request that he be able
to work with cultural arts interests to further refine the
conceptual design and programs for community uses in
addition to Dobson and town offices on the hub site
1. Execute design contract with Populous
(recommended design team for Dobson).
2. Develop alternative scenarios for
locating and/or refurbishing Town offices
and provide recommendations to Town
Council.
3. (Recommended additional task):
Facilitate a discussion on high priority
cultural/community uses and how they
can be finically sustained over time and
bring forward recommendations to the
Town Council.
Public Works
Director -
Dobson/
Town
Manager &
Com Dev
Director
3 Excellent
Customer
Service
The Town of Vail has the vison of being the
premier mountain resort community in the
world which requires providing a consistent
and excellent customer service for our
residents and guests. At this time the Town
does not have organizational goals or metrics
for the customer service we provide. Providing
excellent service requires defining excellent
service and creating a working environment
that supports organizational effectiveness in
providing excellent customer service.
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests for
town services and a means of measuring to what
degree we are providing excellent customer service.
1.2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop
customer service goals and metrics.
Town
Manager and
Leadership
Team
4 Land Use
Regulations
Support
Town Goals
The Town directly influences retaining and
creating affordable housing through its land use
code. Municipalities can incent and prevent
the creation of affordable housing through its
land use code. Also simply improving the
efficiency of the development review process
to ensure quality development which meets
the Towns standards while reducing process
time reduces cost for both public and private
projects. A periodic review of the land use is a
recommended best management practice.
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
recommendations for amendments to help foster the
creation of affordable housing and improved efficiency of
the development review process.
1.Meet with stakeholders (builders,
developers, community members,
PEC, DRB) and request feedback.
2.Review existing land use code and
develop recommendations to
achieve this goal.
3.3. Provide recommendations to PEC
and Council for consideration and
adoption.
Community
Development
Director,
Public Works
Director, Fire
Chief
83
Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of CONTACT
COMMUNITY
West Vail Master Plan
Implementation
Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.
May 2022 – April 2023. Update to Council on March 6, 2023.
Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.
May 2023 – Sept. 2023. Update to Council May 15, 2023.
Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide Transportation Master Plan.
George Ruther, Director of
Housing
Timber Ridge Apartments
Redevelopment
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop
Timber Ridge Village Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master Plan
Amendments
Ford Park Master Plan Amendments Todd Oppenheimer, Capital
Projects Manager
Short Term Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith, Finance Director
Early Childhood Initiatives
Throughout 2023:
Continued funding in 2023 for same four identified areas including: tuition assistance for Vail’s families,
infant subsidy to maintain infant care in Vail (part of sustainability of ECE programs), workforce
retention grants, and continuing to identify expansion opportunities for ECE options in Vail.
Krista Miller, Human Resources
Director
Cultural Heritage Preservation
& Programs
2023 budget is $25,000.
February 7 - Resolution establishing process for the Naming or Commemoration of town-owned
properties.
Partner on Trailblazer Award process.
Continued work in 2023: Summervail Archives; Vail Valley Voices; Library's 40th Anniversary. Eagle
County celebrates 140 years on February 11.
CHC website in need of updates.
Lori A. Barnes, Library Services
Director
Permanent Location for
Children’s Garden of Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice.Kathleen Halloran, Deputy
Town Manager
Wildland Urban Interface
Code Amendments
Spring 2023
Town Council update on 2022 Fire Free Five grant program.
April-October 2023
Implement 2023 Fire Free Five grant program.
Fall 2023
Fire Free Five code adoption consideration.
Mark Novak, Fire Chief
84
ENVIRONMENT
USFS Booth Creek Fuels
Reduction Project
Spring 2023
USFS driven second NEPA comment period (will require additional TOV funding).
Fall 2023
USFS Record of Decision.
Winter 2023/2024
Identify costs/funding based upon EA.
2024-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire Chief
Identify Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage.Kristen Bertuglia,
Environmental Sustainability
Director
Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia,
Environmental Sustainability
Director
Wildlife Crossing at Dowd
Junction
Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia,
Environmental Sustainability
Director
Global Friendship | Peer
Resort Exchange
Programming
Ongoing Mia Vlaar, Economic
Development Director.
Kristen Bertuglia,
Environmental Sustainability
Director
Cultural Heritage Preservation
& Programs
Summer 2022 - Funding recommendations to Town Council for 2023 budget.Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Kristen Bertuglia,
Environmental Sustainability
Director
Building Code Regs & Climate
Action Plan Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness
2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program.
Matt Gennett, Community
Development Director
ECONOMY
2. Dobson and Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town
Hall services.
Mark Novak, Fire Chief
4. Zoning Review 2022 - First boiler replacement.Matt Gennett, Community
Development Director
Special Events Funding Model
Alternatives Initiative
Aug. 2022 - Adoption of new model by Vail Town Council Mia Vlaar, Economic
Development Director
Destination Stewardship Plan
- Steward Vail
Dec. 2022 - Adoption of plan by Vail Town Council.Mia Vlaar, Economic
Development Director
Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years Kathleen Halloran, Deputy
Town Manager
Economic Development
Strategic Plan Update
Jan. – Dec. 2023.Mia Vlaar, Economic
Development Director
85
EXPERIENCE
3. Excellent Customer Service By November 1, 2023 achieve the following:
Create a clear definitions of excellent customer service to our residents and guests and a means of
measuring to what degree we are providing excellent customer service.
Identify and implement a metric for objectively measuring organizational effectiveness and health
so that a baseline is developed which can be improved on in future years.
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 – Vail Mobility &
Transportation Master Plan
July 2022 – May 2024.Tom Kassmel, Town Engineer
Public Works Shops Expansion
and Access Improvements
March 2021 – June 2022. - Access Improvements Timeline TBD.Greg Hall, Public Works
Director
E-Vail Courier Implementation Oct. 1, 2022 - Full implementation began.Ryan Kenney, Police
Commander
Regional Transportation Ballot measure passed in Nov. 2022
Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season Greg Hall, Public Works
Director
Guest Experience Initiatives Winter season activation and summer season activation 2023.Mia Vlaar, Economic
Development Director
86
AGENDA ITEM NO. 5.2
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Council Matters and Status Report
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
230418 Matters.docx
87
COUNCIL MATTERS
Status Report
Report for April 18, 2023
o Attract youth to the workplace:Town Council directed staff to explore ways the
town can help market Vail as an attractive workplace. This may be a
combination of marketing / recruiting efforts and assistance with housing
programs.
o Vail Composting Program:Vail’s composting program is at risk for
disconintuation if we don’t generate another 40 participants in West Vail
neighborhoods by April 27 based on estimates by Vail Honeywagon. Town
Council wants staff to encourage more participation as it would be disappointing
for Vail, a leader in environmental sustainability, to disband this program when
other communities are signing on for service. Please go to lovevail.org and fill
out a form for the Composting program. The Town of Vail covers 50% of the
monthly fee. TOV Environmental team and Community Relations team are
working on a communications plan to boost participation.
Social Media Tracking
Here is the link: https://share.sproutsocial.com/view/b4d08db6-1d7f-44ff-908d-b61d7ff4ffbb
It’s been a busy couple of weeks here in Vail, as reflected by the online conversation. Content reflected
the wide array of events: Taste of Vail, the Mikaela Shiffrin event, the Vail Rec Easter Egg Hunt, April
Fools shenanigans and the spring concerts at The Amp. The beginning of this report also had outlets
picking up the Vail Police terminated officer story.
https://www.instagram.com/p/Cq09v7LuQ7I/
In the News______________________________________________________
March 30
Shiffrin Event
https://skiracing.com/mikaela-shiffrin-to-appear-at-public-event-april-2-in-town-of-vail-to-celebrate-
record-breaking-ski-racing-achievements/
March 31
SB23-213
https://www.vaildaily.com/news/a-colorado-land-use-bill-is-facing-fierce-opposition-from-mountain-
communities/
88
Enviro Scholarship
https://www.vaildaily.com/news/vail-seeks-candidates-for-environmental-scholarship/
Vail-ification of the West
https://inthesetimes.com/article/vail-colorado-west-gentrification-housing-tourism-mining-resort
April 1
https://www.realvail.com/shiffrin-to-be-honored-at-solaris-plaza-in-vail-on-sunday-following-record-
shattering-season/a15867/
April 2
https://www.cbsnews.com/colorado/video/vail-welcomes-home-mikaela-shiffrin-after-becoming-the-
greatest-alpine-skier-of-all-time/
April 3
EV Readiness Plan
https://www.vaildaily.com/news/vail-readies-to-decarbonize-transportation-in-town/
Shiffrin Event
https://www.vaildaily.com/news/mikaela-shiffrin-honored-at-vail-celebration/
https://www.vaildaily.com/news/photos-vail-valley-celebrates-mikaela-shiffrin-the-greatest-world-cup-
skier-ever-with-a-heros-homecoming-at-solaris-plaza/
https://www.vaildaily.com/news/mikaela-shiffrin-still-starstruck-by-idol-bode-miller/
https://www.denverpost.com/2023/04/03/mikaela-shiffrin-vail-record-87-alpine-ski-world-cup-photos/
https://www.cbsnews.com/colorado/video/vail-welcomes-home-mikaela-shiffrin-after-becoming-the-
greatest-alpine-skier-of-all-time/
https://www.9news.com/article/sports/ski/mikaela-shiffrin-welcomed-home-to-vail-with-
celebration/73-10cff5b7-5c32-4f23-a424-22dd91751edd
https://www.krone.at/2972313
https://www.eurosport.de/ski-alpin/mikaela-shiffrin-bekommt-eine-ziege-geschenkt-besonderes-
geschenk-fur-us-amerikanerin-in-ihrer-heima_sto9541979/story.shtml
https://www.aspentimes.com/news/mikaela-shiffrin-honored-at-vail-celebration/
https://snowbrains.com/the-goats-goat-recap-of-the-mikaela87-celebrations-at-vail-co/
https://wwd.com/eye/people/mikeala-shiffrin-goat-vail-colorado-ski-1235603649/
https://denvergazette.com/outdoors/skiing-snowboarding/whiteout-shiffrin-party-more-snow-msp-
lounge/article_2eeb04be-cd98-11ed-99bb-e38ed8998d7c.html
April 5
Timber Ridge
https://www.vaildaily.com/news/local-businesses-jump-at-opportunity-to-reserve-timber-ridge-units/
April 6
EHU Enforcement
https://www.vaildaily.com/news/vail-begins-enforcement-for-31-non-compliant-deed-restrictions/
Ford Park Master Plan
89
https://www.vaildaily.com/news/vail-seeks-input-on-ford-park-master-plan-update/
SB23-213
https://www.planetizen.com/news/2023/04/122485-colorado-mountain-communities-line-oppose-
statewide-zoning-reforms
Shiffrin Event
https://skiracing.com/mikaela-shiffrin-honored-in-vail-homecoming-event/
April 7
SB23-213
https://www.vaildaily.com/news/vail-avon-leaders-testify-in-opposition-to-sweeping-colorado-land-
use-bill-during-marathon-senate-hearing/
Ford Park Master Plan
https://www.realvail.com/town-of-vail-seeks-public-input-on-ford-park-master-plan/a15894/
April 8
License plate recognition
https://www.vaildaily.com/news/vail-approves-license-plate-recognition-cameras-for-police-to-help-
solve-crimes/
SB23-213
https://www.greeleytribune.com/2023/04/08/colorado-housing-zoning-reform-affordability-polis/
April 10
Composting
https://www.vaildaily.com/news/west-vail-residents-could-lose-curbside-composting-option/
Stolen car crashes in roundabout
https://www.vaildaily.com/news/stolen-car-plows-through-roundabout-fence-in-vail-driver-escapes/
Public Safety Telecommunicators Appreciation Week
https://www.vaildaily.com/opinion/columns/wentworth-celebrating-national-public-safety-
telecommunicators-week/
April 11
SB-001 - Public Private Partnerships for Housing
https://www.realvail.com/roberts-bill-to-accelerate-workforce-housing-through-public-private-deals-
clears-senate/a15928/
SB23-213
https://www.summitdaily.com/news/mountain-leaders-testify-in-opposition-to-sweeping-colorado-
land-use-bill-during-marathon-senate-hearing-thursday/
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April 12
E-Bike Rebates
https://www.vaildaily.com/news/vail-and-avon-are-incentivizing-e-bike-purchases-with-new-updated-
rebates/
SB23-213 - opinion
https://coloradosun.com/2023/04/12/housing-homeless-zoning-permits-local-nimby-
opinion/
Upcoming Events
o May 2 – “Mayor for the Day” Antonio Poe
o June 5-8 - St. Anton officials to visit Vail
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AGENDA ITEM NO. 5.3
Item Cover Page
DATE:April 18, 2023
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Town Manager Report
AGENDA SECTION:Town Manager Report (10 min.)
SUBJECT:Vail Town Council Priority Goals for 2023
SUGGESTED ACTION:
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Priority Vail Town Council Goals for 2023.docx
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PRIORITY VAIL TOWN COUNCIL GOALS FOR 2023
PRIORITY CATEGORY ISSUE STATEMENT GOALS NEXT STEPS WHO
1 Housing A severe lack of affordable housing in the Eagle
Valley and Vail specifically is threatening our
ability to attract and retain employees to
support our economy and community.
The Town of Vail will acquire 1,000 additional resident
housing deed restrictions by the year 2027 as compared
to 2017. By October 1, 2023:
1.Complete the Residences at Main Vail.
2.Initiate the entitlement process for the Timber Ridge
and West Middle Creek housing developments.
3.Acquire the East Vail CDOT parcel and initiate the
design process.
4.Initiate the acquisition process for one additional
parcel of land to create a significant regional
housing development.
1.5. Amend the commercial linkage requirements and
adopt residential linkage
1. Execute management agreement with
RMV property manager.
2. Develop a Letter of Intent with Timber
Ridge Developer.
3. Complete conceptual site planning for
West Middle Creek.
4. Acquire East Vail CDOT parcel.
5. Work with institutional partners to
acquire a significant regional housing
site.
Housing
Director
lead,
supported by
Town
Manager &
Deputy
Manager,
Finance
Dept, Public
Works, Com
Dev, Econ
Dev
2 Civic Hub and
Town Hall
The Town has $36 million to utilize on public
uses in Lionshead, which could be used for the
implementation of the Civic Hub Plan and
which must be spent by 2030. Dobson Ice
Rink's building systems are failing and need
replacement. The Town Hall offices at 75 S.
Frontage Rd are at the end of their useful life
and either require an investment to renovate
or they need to be replaced.
By November 1, 2023:
1.Determine a program, budget, and critical path to
renovate Dobson Ice Arena so that it will continue to
serve Vail for another 40 to 50 years.
2.Determine whether to renovate or relocate Town of
Vail offices and if relocated determine best
location(s), a budget, and a timeline for relocation
or renovation.
Note: The Town Manager would request that he be able
to work with cultural arts interests to further refine the
conceptual design and programs for community uses in
addition to Dobson and town offices on the hub site
1. Execute design contract with Populous
(recommended design team for Dobson).
2. Develop alternative scenarios for
locating and/or refurbishing Town offices
and provide recommendations to Town
Council.
3. (Recommended additional task):
Facilitate a discussion on high priority
cultural/community uses and how they
can be finically sustained over time and
bring forward recommendations to the
Town Council.
Public Works
Director -
Dobson/
Town
Manager &
Com Dev
Director,
Econ Dev
3 Excellent
Customer
Service
The Town of Vail has the vison of being the
premier mountain resort community in the
world which requires providing a consistent
and excellent customer service for our
residents and guests. At this time the Town
does not have organizational goals or metrics
for the customer service we provide. Providing
excellent service requires defining excellent
service and creating a working environment
that supports organizational effectiveness in
providing excellent customer service.
By November 1, 2023:
1.Create a clear definition for providing excellent
customer service to our residents and guests for
town services and a means of measuring to what
degree we are providing excellent customer service.
1.2. Identify and implement metrics for objectively
measuring organizational effectiveness and health
so that a baseline is developed which can be
improved on in future years.
Work with leadership team to develop
customer service goals and metrics.
Town
Manager and
Leadership
Team
4 Land Use
Regulations
Support
Town Goals
The Town directly influences retaining and
creating affordable housing through its land use
code. Municipalities can incent and prevent
the creation of affordable housing through its
land use code. Also simply improving the
efficiency of the development review process
to ensure quality development which meets
the Towns standards while reducing process
time reduces cost for both public and private
projects. A periodic review of the land use is a
recommended best management practice.
By November 1, 2023:
Review and analyze Title 12 Zoning, the Official Zoning
Map, Title 14 Development Standards, and other
pertinent land use policy language including the Town of
Vail Comprehensive Plan. Bring forward
recommendations for amendments to help foster the
creation of affordable housing and improved efficiency of
the development review process.
1.Meet with stakeholders (builders,
developers, community members,
PEC, DRB) and request feedback.
2.Review existing land use code and
develop recommendations to
achieve this goal.
3.3. Provide recommendations to PEC
and Council for consideration and
adoption.
Community
Development
Director,
Public Works
Director, Fire
Chief
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Vail Town Council Action Plan
PROJECT MILESTONE UPDATES POINT of CONTACT
COMMUNITY
West Vail Master Plan
Implementation
Phase 1, Housing: Implementation of recommendations in Chapter 3, WVMP.
May 2022 – April 2023. Update to Council on March 21, 2023.
Phase 2, West Vail Center: Implementation of recommendations in Chapter 2, WVMP.
May 2023 – Sept. 2023. Update to Council May 15, 2023.
Phase 3, Transportation & Mobility: Implement recommendations in Chapter 4, WVMP.
Coordinate implementation timeline in context of town-wide Transportation Master Plan.
Matt Gennett, Community
Development Director
Timber Ridge Apartments
Redevelopment
Aug. 1, 2023
Updated market study, design development, and entitlement approval process to redevelop
Timber Ridge Village Apartments.
Spring 2024
Construction begins.
Feb. 1 – Apr. 1, 2025
New units expected to be completed and available for phased occupancy.
George Ruther, Director of
Housing
Ford Park Master Plan
Amendments
Ford Park Master Plan Amendments Todd Oppenheimer, Capital
Projects Manager
Short Term Rental Policy
Amendments
Jan. 1, 2023
Effective implementation date of Ordinance No. 11, Series of 2022.
Feb. 28, 2023
STR license renewal deadline.
Carlie Smith, Finance Director
Early Childhood Initiatives
Funding in 2023 ($250,000) for Council supported areas including:
Community Tuition Assistance - ongoing grants for incomes below 450% of federal poverty
Workforce Retention – grants to 2 programs for 2023
Expansion and Sustainability of ECE programs
– infant subsidy and facility/lease support
– pursuing expansion opportunities via in-home and/or new spaces
Capital support – facility maintenance support ongoing & future capital support TBD
Krista Miller, Human Resources
Director
Cultural Heritage Preservation
& Programs
2023 budget is $25,000.
March 21, 2023 - Resolution No. 4 passed for the Naming or Commemoration of town-owned
properties.
Partner on Trailblazer Award process.
Continued work in 2023: Summervail Archives; Vail Valley Voices; Library's 40th Anniversary. Eagle
County celebrates 140 years on February 11.
CHC website has been updated to include cultural initiatives from other departments.
Lori A. Barnes, Library Services
Director
Permanent Location for
Children’s Garden of Learning
Lease at temporary location expires 2026 or earlier pending 180 days’ notice.Kathleen Halloran, Deputy
Town Manager
Wildland Urban Interface
Code Amendments
Spring 2023
Town Council update on 2022 Fire Free Five grant program.
April-October 2023
Mark Novak, Fire Chief
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Implement 2023 Fire Free Five grant program.
Fall 2023
Fire Free Five code adoption consideration.
ENVIRONMENT
USFS Booth Creek Fuels
Reduction Project
Spring 2023
USFS Record of Decision.
Winter 2023/2024
Identify costs and funding sources.
2023-2030
Implementation - timeline is variable due to external factors.
Mark Novak, Fire Chief
Identify Alternative Fuel
Solutions
2022 - First boiler replacement operational. Collecting data on usage.Kristen Bertuglia,
Environmental Sustainability
Director
Sustainable Strategic Plan Jan. – Dec. 2023 Kristen Bertuglia,
Environmental Sustainability
Director
Wildlife Crossing at Dowd
Junction
Feasibility and design RFP in 2023 to identify additional crossing opportunities in addition to Dowd.Kristen Bertuglia,
Environmental Sustainability
Director
Global Friendship | Peer
Resort Exchange
Programming
Staff to return to town council in Q2 with proposal for areas of alignment with key peer resort and
international community exchanges.
St. Anton delegation of 12 to visit Vail the week of June 5 beginning with official tours and meetings
and a proclamation at the town council meeting on June 6 and ending with participation at the Go Pro
Mountain Games
Mia Vlaar, Economic
Development Director.
Kristen Bertuglia,
Environmental Sustainability
Director
Cultural Heritage Preservation
& Programs
Summer 2022 - Funding recommendations to Town Council for 2023 budget.Lori A. Barnes, Director of
Library Services
Open Lands Plan 2022-2028 - Biodiversity study to kick off in late summer 2022.Kristen Bertuglia,
Environmental Sustainability
Director
Building Code Regs & Climate
Action Plan Implementation
May 2022 Phase 1 complete – Adoption of 2021 ICC Codes with additions for solar and EV readiness
2023.
Phase 2 – Roadmap to Zero, incentives to include outdoor energy uses/snowmelt offset program.
Matt Gennett, Community
Development Director
ECONOMY
2. Dobson and Civic Area Plan
Implementation
Dobson Ice Arena – By November 1st, 2023, determine cost for Dobson & determine location for Town
Hall services.
4. Zoning Review 2022 - First boiler replacement.Matt Gennett, Community
Development Director
Special Events Funding Model
Alternatives Initiative
As part of the reimagining and restructure of the economic development department as a destination
marketing organization (DMO), a new structure for special events funding will be explored in Q2.
Mia Vlaar, Economic
Development Director
Vail’s Stewardship Roadmap Adoption of plan by resolution by Vail Town Council on April 18. Early implementation including
resourcing, budgeting and planning to begin in Q2 2023.
Mia Vlaar, Economic
Development Director
Next Steps for TIF Funding Estimated funds available between 2022 and 2030 total between $35 - $41 million. Timeline: 3 - 5 years
Currently working with architect/design firm to develop a high-level cost estimate for Dobson Ice Arena
renovations. Joint meeting with VRD and Town Council planned in coming months to share high level
concepts and cost estimates.
Kathleen Halloran, Deputy
Town Manager
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Economic Development
Strategic Plan Update
Following the reimagining and restructuring of the department as a destination marketing organization
(DMO), the economic development strategic plan will be updated in Q4 of 2023.
Mia Vlaar, Economic
Development Director
EXPERIENCE
3. Excellent Customer
Service
By November 1, 2023 achieve the following:
Create a clear definitions of excellent customer service to our residents and guests and a means of
measuring to what degree we are providing excellent customer service.A leadership meeting is
planned, not scheduled as yet, to establish a definition.
Identify and implement a metric for objectively measuring organizational effectiveness and health
so that a baseline is developed which can be improved on in future years.Feb 24 met with RRC as a
first step in identifying what metrics we have available using the bi-annual community survey and
post-visit guest intercept surveys. Mar 22 internal meeting to discuss creating an inventory of data
to use in measuring guest experience.
Kathleen Halloran, Deputy
Town Manager
Go Vail 2045 –Vail Mobility
& Transportation Master
Plan
July 2022 – May 2024.Tom Kassmel, Town Engineer
Public Works Shops
Expansion and Access
Improvements
March 2021 – June 2022. - Access Improvements Timeline TBD.Greg Hall, Public Works
Director
E-Vail Courier
Implementation
Oct. 1, 2022 - Full implementation began.Ryan Kenney, Police
Commander
Regional Transportation Ballot measure passed in Nov. 2022 Town Council member Barry Davis is serving as the town’s
representative on the RTA board. This first year will be spent establishing the new RTA.
Public Parking Initiatives New parking rates and passes were implemented at the start of the 2022/23 winter season Greg Hall, Public Works
Director
Guest Experience Initiatives PrimaVail engagement, training and PrimaService recognition continue through the winter season with
recognition and employee appreciation at third Thursday concerts. PrimaVail and PrimaService
programming will reengage in early summer and continue through September. Early winter will see
another reactivation of PrimaVail and PrimaService recognition to begin the winter season.
Mia Vlaar, Economic
Development Director
96
AGENDA ITEM NO. 6.1
Item Cover Page
DATE:April 18, 2023
TIME:30 min.
SUBMITTED BY:Jeremy Gross, Economic Development
ITEM TYPE:Resolution
AGENDA SECTION:Action Items
SUBJECT:Resolution No. 14, Series of 2023, A Resolution Adopting The
Town of Vail's Stewardship Roadmap
SUGGESTED ACTION:Approve, approve with amendments, or deny Resolution No. 14,
Series 2023.
PRESENTER(S):Mia Vlaar, Director of Economic Development and Cathy Ritter,
Consultant
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Vail's Stewardship Roadmap 4-18-2023.pdf
Resolution Adopting Vails Stewardship Roadmap
Vail's Stewardship Roadmap - Council April 18 2023 FINAL UPDATE.pptx
Public Input Stewardship Vail.pdf
97
To: Mayor and Town Council
From: Economic Development Department
Date: April 18, 2023
Subject: Resolution Adopting Vail's Stewardship Roadmap
I. Background
Early in 2022, the town embarked on an innovative path to guide how it manages an
economy founded 60 years ago almost entirely on tourism. With town revenues
continuing to achieve new heights following pandemic-related economic challenges and
with occupancy rates now softening since last summer, the town is re-examining how
tourism can generate additional value for the community. With a process launched in
February 2022, the town became among the first in North America to center a tourism
planning process on destination stewardship. This approach signals a forward-thinking
commitment to engaging the entire community in addressing challenges and finding
new opportunities to build the strength and quality of life for our globally known
mountain resort community.
Based on Council input during late 2022, newly identified town priorities, and extensive
engagement with the Vail community, the town has reshaped the direction of the
planning process. Now positioned as Vail's Stewardship Roadmap, the approach is
sharply focused on steps the town can take over the next 10 years to ensure that our
vital tourism economy continues to thrive. It also recognizes that for tourism to thrive,
our community must thrive, too.
II. The Reason for the Roadmap
The purpose of Vail's Stewardship Roadmap is spelled out in five brief paragraphs on its
first page. Major points are as follows:
• To chart a path for the next 10 years to ensure that Vail's vital visitor economy
continues to thrive.
• To bring a clear focus to the purpose of Vail's tourism economy, which is: To allow
the Vail community to sustain a remarkable way of life.
• To formally recognize that “building a strong tourism economy also requires a
strong community."
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Town of Vail Page 2
• To complement and inform other Vail plans aimed at enhancing the community
and lay the groundwork for a broader, long-term community visioning plan.
III. Vail’s Stewardship Roadmap
The final roadmap has been built out in a graphical style to better communicate the
goals and benefits of the plan for town council, town staff, community stakeholders, and
the public. The final roadmap is attached to this presentation.
IV. Next Steps
Once adopted, Town of Vail department heads will begin planning and resourcing for
the five actions and the forty strategies to be executed over the next ten years. Once
the ten-year implementation timeline and corresponding budgets are determined, they
will be brought back to council for consideration.
V. Action Requested of Council
Approve, approve with amendments, or deny Resolution No. 14, adopting Vail’s
Stewardship Roadmap.
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RESOLUTION NO. 14
Series of 2023
A RESOLUTION ADOPTING VAIL’S STEWARDSHIP ROADMAP
WHEREAS, the Town of Vail, since its founding in 1966, has centered its
economy on sharing its extraordinary mountain lifestyle with people from across the
world;
WHEREAS, the Town of Vail has made a strong commitment to being a steadfast
steward of its unique and sensitive environment with the inclusion of Section 13.11
Designated Open Space in the Vail Town Charter in 1972.
WHEREAS, the Town of Vail now welcomes approximately 2.5 million visitors a
year into its community of nearly 5,000 year-round residents;
WHEREAS, the Town of Vail in recent years has been managing a surge of
interest in outdoor experiences that has created new pressures on trails, parking, traffic,
town amenities, Vail Mountain, and other natural areas;
WHEREAS, the Town of Vail also is experiencing a housing crisis that is leaving
vital jobs unfilled, eroding the diversity of its population, and threatening every aspect of
community life, even the availability of childcare and other vital workers;
WHEREAS, the Town of Vail recognizes the importance of equipping Vail's
tourism economy for future success and resiliency, especially given the threat of global
climate change and its impacts including shorter winters, drought, and wildfire, and is
committed to managing visitor patterns for better outcomes;
WHEREAS, the Town of Vail identified a need to engage the community in a
planning process to manage its thriving tourism economy in alignment with community
priorities and enhance and live up to Vail's global recognition as a sustainable
destination for travelers, and engaged professional services to develop this approach;
WHEREAS, the Town of Vail has been guided throughout the planning process
by the principles of destination stewardship, a holistic approach aimed at creating ways
for a tourism economy to thrive in harmony with its community, especially by delivering a
high quality of life for residents along with high quality experiences for visitors, while
reducing negative impacts on the community;
WHEREAS, the Town of Vail engaged in extensive consultation with the Vail
community, with more than 3,000 opinions shared, securing a deep awareness and
appreciation of current conditions and insights pointing to new possibilities;
100
WHEREAS, the Town of Vail further has acquired new research and insight into
current brand perception and future tourism trends;
WHEREAS, the Town of Vail has completed a thoughtful review of all findings,
now incorporated into Vail's Stewardship Roadmap, charting a 10-year path for Vail to
build resiliency, address vulnerabilities, and thrive as the world’s premier sustainable
mountain resort community;
WHEREAS, the Town of Vail has identified a vision for this Roadmap based on
six essential values (Quality of Life, Community, Environmental Stewardship,
Experience, Respect and Fun) and to be realized by five major actions and goals,
(Make Vail More Liveable, Enhance Vail’s World Class Experience, Invigorate Vail’s
Spirit, Advance Vail Stewardship as a Global Model, Energize Vail’s Brand) supported
by 40 specific strategies;
WHEREAS, the Town of Vail now formally recognizes that the purpose of its
tourism economy is to support a remarkable way of life in Vail, and that a strong tourism
economy also requires a strong community and
WHEREAS, the Town of Vail is committed to implementing the plan over the
period from this date until the end of 2033, and to put in place ongoing management of
the strategies within the plan;
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Vail Town Council adopts Vail’s Stewardship Roadmap as a
“Community-Positive” vision for managing Vail’s tourism economy, to complement and
inform other Vail plans, and to lay the groundwork for a broader community visioning plan.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Vail held this 18th day of April 2023.
_________________________
Kimberly Langmaid, Town Mayor
ATTEST:
_____________________________
Stephanie Bibbens, Town Clerk
101
Vail’s Stewardship RoadmapAn Overview for the Vail Town Council
April 18, 2023
102
REASON FOR THE ROADMAPThe Purpose
•The Roadmap charts a path for the next 10 years to
ensure that Vail’s top economic driver –the visitor
economy --continues to thrive.
•The process uncovered the Vail community’s most
important priorities and opportunities for future
action.
•It complements other Vail plans aimed at enhancing
the community.
•It lays important groundwork for a broader long-
term community visioning plan.
103
The Major Initiatives
•Double the supply of deed-restricted homes by 2033 through a collaborative and regenerative approach.
•Develop an analysis of Vail’s capacity for visitation to guide policy, planning, and programs and manage the destination.
•Engage the Vail community in a comprehensive visioning plan.
•Seek innovative ways to de-carbonize the town’s snowmelt system.
•Develop a new brand position that reflects community values, builds Vail’s competitive edge, and inspires all to care for Vail.
104
•Join in public/private partnerships to secure available grants and create innovative ways to create deed-restricted housing.
•Launch a communitywide visioning process.
•Acquire geolocation-based data insights to guide decision-making.
•Develop an RFP to seek expert proposals for decarbonizing the snow-melt system.
•With VLMDAC, launch brand development process.
Town departments to begin working on plans to implement strategies.
YEAR ONE/YEAR TWONear-term Actions
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A DIFFERENT PATH FOR VAILA New Mindset
•Fosters a regenerative approach to housing by
structuring development to yield returns for even more deed-restricted housing.
•New definition of success: Ensures that town decision-making is consistently viewed through a lens of benefiting residents as well as visitors.
•Formally recognizes that ‘building a strong tourism economy also requires a strong community.’
•Supports place-based entrepreneurship as a way to diversify the economy and attract new residents.
•Recognizes the importance of broadening access to
the world-class experience to attract and retain workforce and reward local stewards.
106
Thank you
Questions?
107
From:Jeff Bowen
To:Council Dist List
Subject:The next 10 years
Date:Sunday, April 16, 2023 4:36:12 PM
Dear Kim and council members.
I wish I could have attended some of the meetings on this important future look at Vail.
Unfortunately it is difficult for me to be in Vail for evening meetings in the winter. Yet after many
active years living in Vail and many now as an occasional visitor, my heart is still very much with my
favorite town.
I think Vail is in a juxtaposition between being a wonderful place to live, work and be a tourist, to
being too much. I say this because a colleague and I are working on an academic paper about A-
Basin and its radical strategic change to leave the EPIC pass because weekend crowds were too
great, and the result was a poor skier experience. Alan Henceroth, the COO, also had—and has--an
environmental/sustainability concern. Yet what is amazing about A-Basin is it has maintained equal
revenue with many fewer weekend skiers. And it has remained the “Legend”.
I think this strategy might apply to Vail. The last few years Vail has been no fun: it simply has too
many people milling around Bridge Street in the summer and too many people on the mountain in
the winter. I am nearly 84 years old now, and this is the first winter in 75 years I have not skied.
Why? Because I’ve been hit too many times on Vail Mountain. And though I still attend Bravo
concerts in the summer, instead of having dinner at a restaurant in town, I generally head back to
my condo in East Vail to avoid the massive crowds. And yes, I also worry about the natural
environment—as some of you know, I spent many years running Trees for Vail.
So how should moderation be achieved? I don’t have an answer—wiser people than I will have to
figure that out—one of them is Alan Henceroth. But I think the fundamental question is what is
Vail? Is it a place for the masses or should it be a place which cares about the environment, our
guests and our citizens?
Regards to you all.
Dr. Jeff Bowen
Sent from Mail for Windows
108
From:Bailey Smith
To:PublicInputTownCouncil
Subject:Public Comment on Vail Stewardship Plan
Date:Tuesday, April 18, 2023 10:49:20 AM
My name is Bailey Smith, I'm a community member as defined in the roadmap, and an
environmental engineer by trade. My interest in the roadmap comes from concerns with
climate action, and I commend the focus on housing as its a key missing strategy in reducing
GHG emissions.
While reviewing the roadmap, I was most alarmed by Vail's commitment to zero black and
brown people and the erasure of indigenous people. Despite being the top 3 priorities for
survey respondents, racial equity is ignored in the roadmap. References to diversity refer
solely to economic diversity. All discussion of history and culture refers to the white settler
colonial population and disregards the natural history and value of this same land to a broader
community or pre-1960 settlements.
The language used to describe status quo and desirable visitors is exclusive. The idea of
community extends to those with similar perspectives and experiences. The Vail Valley is an
extraordinary gem in the natural world, and that does not belong to the few privileged enough
to afford housing here. This is a shared resource and it's role of the Town of Vail to be steward
of the land to provide equitable access to these resources, instead of controlling that land to
remain exclusive. Consider reframing your vision of a future community not to who is the best
culture "fit", but who would be the most culture "add". When solidifying the brand you seek
for the community, consider how wealthy and white you want that brand to be, and how
desirable that is to the community, visitors, and broader world. This brand and messaging
reflects how you want Vail to show up as a leader in sustainable mountain communities in
2023.
Finally, the roadmap refers repeatedly to the Mountain IDEAL Standards, which is not a well-
known or widely used standard. To facilitate transparency, the Town of Vail should provide
specific metrics and indicators that comprise the Mountain IDEAL standards, which is
currently not available within the roadmap, nor is it publicly available on the internet, and was
not provided by Walking Mountain Science Center when contacted directly. In order to
determine the value of the Standard to the community, the Standard needs to be made
available for review to both the Council and community at large.
Because of these reasons, I do not feel the Town is ready to approve a 10 year plan that
includes major gaps.
Thank you for the opportunity to review and comment on this element of Vail's strategic
vision.
Bailey Smith
baileykaismith@gmail.com
109
AGENDA ITEM NO. 6.2
Item Cover Page
DATE:April 18, 2023
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Contract Award with Rocky Mountain Custom Landscapes for
the 10th Mountain Division Statue Site Improvements
SUGGESTED ACTION:Authorize the Town Manager to enter into a contract with Rocky
Mountain Custom Landscapes in an amount not to exceed $142,000.
Staff will be including a request to add $28,000 to the Art Landscape
Enhancements budget as part of the June 2023 Budget Supplemental
process for
a total project budget of $147,634.
PRESENTER(S):Gregg Barrie, Senior Landscape Architect
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
10th Mt Statue TC Memo 4-18-23.pdf
110
To: Vail Town Council
From: Department of Public Works
Date: April 18, 2023
Subject: 10th Mountain Division Statue Site Improvements
Request for Increased Budget and Contract Approval
I. PURPOSE
The purpose of this agenda item is to request an additional $28,000 for the construction
of site improvements to the area around the 10th Mountain Division Statue. And, if
granted, to approve a contract for the work.
II. BACKGROUND
The 10th Mountain Division Statue is a popular work of art, located at the entrance to Vail
Village near the Covered Bridge. The heavy pedestrian traffic to the statue results in
significant wear and tear on the flagstone walkway and surrounding landscape. Every
few years, the walkway and the turf are renovated to keep the area in good condition.
As the site has deteriorated since the 2019 renovation, staff judged it would make sense
to add a concrete slab and reset the flagstone with grout to ensure a more permanent
repair. Funds were budgeted as part of the 2023 budget process to make that repair.
However, during the design process, town staff felt that patio area should be expanded to
accommodate the significant pedestrian traffic, eliminating the bluegrass turf, which is in
consistently poor condition. The attached drawing showing the proposed design.
III. CURRENT BUDGET
The original project budget was $75,000, approved by the Town Council during the
regular budget process. During the design phase, staff requested additional funding
based on an internal cost estimate. The Supplemental request increased the total budget
to as follows:
March Supplemental request:
$75,000 Original 2023 Budget
$ 8,364 Reappropriated from 2022 Art Landscape Enhancements
$36,000 Additional Funding Request
$119,364 Current 10th Mountain Statue Budget
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Town of Vail Page 2
IV.BIDS AND ADJUSTMENTS
The project was released to public bid in March, and two bids were submitted on April
12th in the amounts of $156,870 and $186,957.
Value engineering reduces the lowest bid to $141,997 with no impact on the proposed
design. To move forward with construction this spring, the work would require a budget
increase of $28,000. The increase would be included as part of the June 2023 Budget
Supplemental process.
Contract Amt Budget Increase
Complete the project as designed $ 142,000 $ 28,000
V.STAFF RECOMMENDATION
Staff recommends proceeding with the project as designed. The 10th Mountain Division
Statue is located in a highly visible location which sees significant pedestrian traffic. The
existing site plan was designed over 25 years ago and did not anticipate how popular the
statue would be. The wear and tear to the existing area requires regular upkeep. The
new design provides a durable, low-maintenance stone surface, eliminates bluegrass
turf, adds seating and improved landscaping. And, it has received enthusiastic approval
from the Art in Public Places Board. If approved, the proposed contractor will complete
the project prior to the busy summer season.
VI.ACTION REQUESTED BY COUNCIL
If Council is supportive of the budget increase for the full project, staff requests:
1)Authorize the Town Manager to enter into a contract with Rocky Mountain Custom
Landscapes in an amount not to exceed $142,000.
2)Staff will be including a request to add $28,000 to the Art Landscape
Enhancements budget as part of the June 2023 Budget Supplemental process for
a total project budget of $147,634.
Attachments:
Proposed Site Plan
Proposed Materials
Rendering
112
NEW SEATING W/ VIEW
DOWN GORE CREEK
EXTEND PLAZA
PAVERS TO EDGE
OF FIELDSTONE
SLATEBLUE
FIELDSTONE, 2'x 3'.
AREA IS 20'x 30'
REPLACE EXISTING
FIR TREE WITH NEW
'GLAUCOUS' BLUE
SPRUCE.
LANDSCAPING INCLUDES
LITTLE BLUESTEM
GRASSES AND ISANTI
REDTWIG DOGWOOD
BACKLESS BENCH
TO VIEW STATUE
OR GORE CREEK
EXTEND PLAZA
PAVERS TO EDGE
OF FIELDSTONE
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5
AGENDA ITEM NO. 6.3
Item Cover Page
DATE:April 18, 2023
TIME:15 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Recommended Summer 2023 Parking Program
SUGGESTED ACTION:Approve the Summer 2023 Parking Program as presented.
PRESENTER(S):Greg Hall, Public Works Director, Steph Kashiwa Parking Operations
Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo 4.23.doc
116
1
TO:Vail Town Council
FROM:Parking and Mobility Task Force
Greg Hall, Director of Public Works and Transportation
Stephanie Kashiwa Parking Operations Manager
DATE:April 18, 2023
SUBJECT:Recommended Summer 2023 Parking Program
I.PURPOSE
The purpose of this item is to:
Provide Town Council the Parking recommendation for Summer 2023 Parking Program
Request Town Council approve the Summer 2023 Parking Program
II.BACKGROUND
The Vail Parking & Mobility Task Force met on March 30, 2023 to review the winter season and to
make recommendations for the summer 2023 parking program.
The 2022 summer overnight program included the following components:
The program was implemented from July 15 through October 2nd.
An overnight fee of $25 in the Vail Village and Lionshead structures which was charged for
vehicles in the structure during the period of 4 AM to 5 AM. Free parking was offered
during all but this hour window.
Red Sandstone Structure rate for the first 72 hours was free after that vehicles would
receive a parking citation.
Paid event parking at Ford and Soccer lot was $10, with 54 days of paid events.
An overnight fee of $25 in the oversized parking area in West Vail, with a 5 day max stay.
Exceptions to the overnight fees were made for qualified employees of village businesses,
including Vail Health, whose overnight shifts required them to occupy the structures during
the 4 AM – 5 AM overnight fee period. Parking passes were issued for those employees.
The DUI prevention policy of free exit for users who choose safe travel arrangements was
administered through the Welcome Centers, Police Department, and Parking Department.
This allowed the overnight fee to be waived if the user entered after 3 PM the day before
117
2
and exits the structures by 11 AM the day of. This was offered at the Vail Village and
Lionshead structures.
A Condo Pass was offered to qualifying property owners in the village core. This pass
allowed for free parking in the parking structures through the summer season. The passes
were sold at $350 for the shortened season.
Gold, Silver, and Blue pass holders had the option of receiving a complimentary pass for
the summer season. This pass granted free access to the parking structures for the
summer season.
III.TASK FORCE CONSIDERATIONS SUMMER 2023
In reviewing the previous summer programs and identifying issues, the task force focused on
overnight rates, messaging information to the community, pass options, and event parking rates. It
was discussed that the overnight rate in the main structures should be closer to both the rates
hotels charge in the summer as well as the winter $60 rate. The discussion concerning Red
Sandstone was a lower rate than the main structures to encourage use, but a simple rate structure
that utilizes the new system, versus the first 72 hours free and then issuing parking citations. Paid
parking rates for events at Ford and Soccer lot were also discussed. It was recommended that the
price be increased to help cover operating costs and to encourage the use of the free express
event buses. This suggestion was passed on to the Ford Park User Group to consider.
Messaging parking and transportation options to the community was noted as important and would
like continued efforts in making information more available. Messaging and promotion of non-SOV
(single occupancy vehicle) options to the community were noted as important to focus on.
In reviewing various options, the Task Force recommends the following changes to the summer
program.
IV.RECOMMENDED SUMMERER 2023 PARKING PROGRAM
Summer paid overnight parking begins Memorial Day weekend and extends through
October 1st.
Overnight rates for LH/VTC of $35 -$40.
Include a Red Sandstone Structure overnight rate of $10- $25 that is lower than the
LH/VTC rate, encouraging use.
o Extending the max stay at Red Sandstone to 14 days with the overnight rate.
Oversized/Overnight parking rate $35/night in the West Vail location.
Free overnight employee pass available with a verification process.
Free summer parking pass for Winter 2022/2023 Premier/Business Premier/Employee Plus
pass holders with a verification process – no guaranteed spot.
A $475 pass for summer overnight parking LH/VTC/RSS offered with ownership in previous
voucher-designated areas.
Increased efforts towards messaging and information to the community about parking and
transportation options.
118
3
Increased efforts towards messaging and information to the community about non-SOV
options.
V.ACTION REQUESTED
Provide direction to the staff regarding the recommended summer 2023 Parking Plan to include:
Set the overnight fees associated with the program.
Set the paid event parking fee.
Set the summer overnight parking pass price.
VI.STAFF RECOMMENDATION
Staff recommends the Town Council approve, approve with modifications, the recommendations
for the summer 2023 Parking Program.
119
AGENDA ITEM NO. 6.4
Item Cover Page
DATE:April 18, 2023
TIME:15 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:2023 Ford Park Summer Managed Parking
SUGGESTED ACTION:Approve the 2022 Ford Park Summer Managed Parking Program.
PRESENTER(S):Greg Hall, Public Works Director, Steph Kashiwa Parking Operations
Manager
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Council Memo - Ford Park User Group 4.23.doc
FPUG Calendar 2023.xlsx
Public Input Parking.pdf
120
1
TO:Vail Town Council
FROM:Ford Park User Group
Greg Hall, Director of Public Works and Transportation
Stephanie Kashiwa Parking Operations Manager
DATE:April 18, 2023
SUBJECT:Recommended Ford Park Summer 2023 Managed Parking Program
I.PURPOSE
The purpose of this item is to:
Provide Town Council the Parking recommendation for Ford Park Summer 2023 Managed
Parking Program
Request Town Council approve the Ford Park Summer 2023 Managed Parking Program
II.BACKGROUND
The Ford Park User Group met on April 13, 2023 to review the summer 2022 season and make
recommendations for the Summer Ford Park 2023 Managed Parking Program. The Ford Park
User Groups, including representatives from Town of Vail, Vail Recreation District, Vail Valley
Foundation (GRFA), Betty Ford Alpine Gardens, Bravo! Vail, and Walking Mountain Science
Center. The proposed managed parking program calendar is attached.
III.CONSIDERATIONS SUMMER 2023
In reviewing the previous summer programs and identifying issues, the Ford Park User Group
discussed the recommendation from the Parking and Mobility Task Force to increase the paid
event parking fee ($20), increase communications to event participants on parking and
transportation options, as well as how to utilize the new parking revenue control system during paid
parking events.
IV.RECOMMENDED SUMMER 2023 PARKING PROGRAM
The proposed managed parking calendar is attached.
Paid event parking rate of $15.
o Increase rate to incentivize using the free structures and free event buses, to relieve
congestion at Ford lot and Soccer lot by encouraging bus ridership, as well as cover
operating costs for Ford Park managed parking.
121
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o Reduced rate of $20 recommended by the Parking and Mobility Task Force to $15
to consider the needs of user groups at Ford lot and Soccer lot.
Use of the parking revenue control system (stations and gates) to collect event parking
fees. No cash excepted.
o Continued parking attendant presence at entry.
V.ACTION REQUESTED
Provide direction to the staff regarding the recommended summer 2023 Parking Plan to include:
Increase in the paid event parking fee.
Use of the installed parking revenue control system (stations and gates).
VI.STAFF RECOMMENDATION
Staff recommends the Town Council approve, approve with modifications, the recommendations
for the Ford Park Summer 2023 Managed Parking Program.
122
Date Event Name Managed/Paid Parking
Schedule
Notes
Sun - 4/23/23 Last day of winter parking operations
Wed - 5/10/23 Ford Lot RESERVED - PD drive training Ford Lot
RESERVED
Mon - 5/1/23 Youth Soccer
Mon-Thurs
Through May 31
Mon - 5/15/23 Start of VAF lot RESERVED for GoPro Mtn
Games (partial lot)
Through June 15th
VAF lot RESERVED
(partial)
Fri - 5/19/23 Hard to Recycle Event
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
Ford Lot
RESERVED
VAF lot RESERED
(partial)
Mon - 5/22/23 VMS Graduation Rehearsal
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
VAF lot RESERVED
(partial)
Thu - 5/25/23 BMHS Graduation Rehearsal
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
BF Alpine Gardens: Butterfly Launch
MANAGED:
11:00 AM - 2:30 PM
Managed
VAF lot RESERVED
(partial)
Fri - 5/26/23 Summer parking operations begin
VMS Graduation
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
MANAGED: TBD Managed
VAF lot RESERVED
(partial)
Sat - 5/27/23 BMHS Graduation
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
MANAGED:
11:00 AM - 3:00 PM
Managed
VAF lot RESERVED
(partial)
Sun - 5/28/23 AEG - Paul Cauthen
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
PAID
3:30 PM - 8:00 PM
Paid
VAF lot RESERVED
(partial)
Mon - 5/29/23 Memorial Day
VAF lot RESERVED for GoPro Mtn Games
(partial lot)
VAF lot RESERVED
(partial)
123
Thu - 6/1/23 Softball begins
Mondays, Wednesdays, & Thursdays
Through early September
Rugby begins
Tuesdays & Thursdays
Through late August
BF Alpine Gardens: Plant Sale
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 5:00 PM
Managed
VAF lot RESERVED
Fri - 6/2/23 BF Alpine Gardens: Plant Sale
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
10:00 AM - 3:00 PM
Managed
VAF lot RESERVED
Sat - 6/3/23 BF Alpine Gardens: Plant Sale
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
10:00 AM - 3:00 PM
Managed
VAF lot RESERVED
Sun - 6/4/23 Dr. Steadman Celebration of Life
BF Alpine Gardens: Plant Sale
VAF lot RESERVED for GoPro Mtn Games
MANAGED
TBD
10:00 AM - 3:00 PM
Managed
VAF lot RESERVED
Mon - 6/5/23 BF Alpine Gardens: Keystone Science
School
Baseball Camp, June 6th - 9th
VAF lot RESERVED for GoPro Mtn Games
VAF lot RESERVED
Thu - 6/8/23 GoPro Mtn Games
GMG Concert - Brothers of a Feather
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 4:00 PM
PAID:
4:00 PM - 8:00 PM
Managed
Paid - Concert
VAF lot RESERVED
Fri - 6/9/23 GoPro Mtn Games
GMG Concert - Orebolo
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 4:00 PM
PAID:
4:00 PM - 8:00 PM
Managed
Paid - Concert
VAF lot RESERVED
124
Sat - 6/10/23 GoPro Mtn Games
GMG Concert - Local Natives
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 4:00 PM
PAID:
4:00 PM - 8:00 PM
Managed
Paid - Concert
VAF lot RESERVED
Sun - 6/11/23 GoPro Mtn Games
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 7:00 PM
Managed
VAF lot RESERVED
Wed - 6/14/23 CO Children's Chorale
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
4:00 PM - 7:00 PM
Managed
VAF lot RESERVED
Thu - 6/15/23 King of the Mtn Volleyball
VAF lot RESERVED for GoPro Mtn Games
MANAGED:
7:00 AM - 7:00 PM
Managed
VAF lot RESERVED
Fri - 6/16/23 King of the Mtn Volleyball
VAF lot reserved for King of the Mtn
Volleyball
MANAGED:
7:00 AM - 7:00 PM
Managed
Sat - 6/17/23 King of the Mtn Volleyball
VAF lot reserved for King of the Mtn
Volleyball
MANAGED:
7:00 AM - 7:00 PM
Managed
Sun - 6/18/23 Farmers' Market
King of the Mtn Volleyball
VAF lot reserved for King of the Mtn
Volleyball
MANAGED:
7:00 AM - 7:00 PM
Managed
Tue - 6/20/23 Vail Lacrosse Tourney
1/4 nest reserved
HSN - Lowdown Brass Band
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - Concert
Wed - 6/21/23 Sand Volleyball begins
Vail Lacrosse Tourney
1/4 nest reserved
AEG - Shakey Graves w/ Neal Francis
MANAGED:
7:00 AM - 4:00 PM
PAID
3:30 PM - 8:00 PM
Managed
Paid - Concert
125
Thu - 6/22/23 Vail Lacrosse Tourney
1/4 nest reserved
Bravo
nest reserved
MANAGED:
7:00 AM - 3:30 PM
PAID
3:30 PM - 8:00 PM
Managed
Paid - Concert
Sat - 6/24/23 Vail Lacrosse Shootout
Bravo
MANAGED:
7:00 AM - 3:30 PM
PAID
3:30 PM - 8:00 PM
Managed
Paid - Concert
Sun - 6/25/23 Farmers' Market
Vail Lacrosse Shootout
Bravo
MANAGED:
7:00 AM - 3:30 PM
PAID
3:30 PM - 8:00 PM
Managed
Paid - Concert
Mon - 6/26/23 Vail Lacrosse Shootout
3/4 nest reserved
MANAGED:
7:00 AM - 7:00 PM
Managed
Tue - 6/27/23 Vail Lacrosse Shootout
3/4 nest reserved
HSN - Classic Albums Live: Ziggy Stardust
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - Concert
Wed - 6/28/23 Vail Lacrosse Shootout
3/4 nest reserved
MANAGED:
7:00 AM - 7:00 PM
Managed
Thu - 6/29/23 Vail Lacrosse Shootout
3/4 nest reserved
MANAGED:
7:00 AM - 7:00 PM
Managed
Fri - 6/30/23 Vail Lacrosse Shootout
3/4 nest reserved
Bravo - Dallas
nest reserved
Managed
Paid - Concert
Sat - 7/1/23 July 4th Bravo ticket sale
Vail Lacrosse Shootout
3/4 nest reserved
Bravo - Dallas
nest reserved
MANAGED: 7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - Concert
Sun - 7/2/23 Vail Lacrosse Shootout
3/4 nest reserved
Bravo - Dallas
nest reserved
Managed
Paid - Concert
Mon - 7/3/23 Vail Lacrosse Shootout
3/4 nest reserved
MANAGED:
7:00 AM - 7:00 PM
Managed
126
Tue - 7/4/23 4th of July - Vail America Days
Vail Lacrosse Shootout
Bravo Patriotic Concert
MANAGED:
7:00 AM - 7:00 PM
Managed
Wed - 7/5/23 Bravo - Dallas
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Thu - 7/6/23 AEG - Big Head Todd & Blues Traveler PAID
3:30 PM - 8:00 PM
Paid
Fri - 7/7/23 Bravo - Philadelphia
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Sat - 7/8/23 Bravo - Philadelphia
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Sun - 7/9/23 Farmers' Market
Bravo - Philadelphia
nest reserved
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Tue - 7/11/23 HSN - 49 Winchester PAID
4:30 PM - 8:00 PM
Paid
Wed - 7/12/23 Bravo - Philadelphia
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Thu - 7/13/23 Bravo - Philadelphia
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Fri - 7/14/23 Bravo - Philadelphia
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Sat - 7/15/23 AEG - Thievery Corp PAID
3:30 PM - 8:00 PM
Paid
Sun - 7/16/23 Farmers' Market
AEG - Old Crow Medicine Show
PAID
3:30 PM - 8:00 PM
Paid - Concert
Mon - 7/17/23 AEG - Caamp PAID
3:30 PM - 8:00 PM
Paid
Tue - 7/18/23 HSN - TBD PAID
4:30 PM - 8:00 PM
Paid
Wed - 7/19/23 Bravo - NY
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Fri - 7/21/23 Bravo - NY
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Sat - 7/22/23 Vail Invitational Soccer Tourney
Bravo - NY
nest reserved
MANAGED:
7:00 AM - 3:30 PM
PAID
3:30 PM - 8:00 PM
Managed
Paid - Concert
Sun - 7/23/23 Farmers' Market
Bravo - NY
nest reserved
PAID:
3:30 NYM - 8:00 PM
Paid - Concert
127
Mon - 7/24/23 AEG - Trombone Shorty, Ziggy, Mavis
Staples
PAID
3:30 PM - 8:00 PM
Paid
Tue - 7/25/23 Bravo - NY
nest reserved
PAID
3:30 PM - 8:00 PM
Paid
Wed - 7/26/23 Bravo - NY
nest reserved 3:30 PM - 8:00 PM
Paid
Fri - 7/28/23 Kick it 3v3 Soccer
1/2 nest reserved
Vail Dance Festival - Opening Night
nest reserved
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - VDF
Sat - 7/29/23 Kick it 3v3 Soccer
1/2 nest reserved
Vail Dance Festival - Martha Graham Dance
Co
nest reserved
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - VDF
Sun - 7/30/23 Farmers' Market
Kick it 3v3 Soccer
1/2 nest reserved
Vail Dance Festival - UpClose
nest reserved
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - VDF
Mon - 7/31/23 Kick it 3v3 Soccer
1/2 nest reserved
Vail Dance Festival - LA Dance Project
nest reserved
MANAGED:
7:00 AM - 4:00 PM
PAID
4:30 PM - 8:00 PM
Managed
Paid - VDF
Tue - 8/1/23 Vail Dance Festival - $20.23
nest reserved
PAID:
4:30 PM - 8:00 PM
Paid
Fri - 8/4/23 Vail Dance Festival - International Evenings
of Dance 1
nest reserved
PAID:
4:30 PM - 8:00 PM
Paid
Sat - 8/5/23 Vail Dance Festival - International Evenings
of Dance 2
nest reserved
Vail Dance Festival - International Evenings
of Dance 3
nest reserved
PAID:
3:30 PM - 8:00 PM
Paid
Sun - 8/6/23 Farmers' Market PAID:
4:30 PM - 8:00 PM
Paid
Mon - 8/7/23 Vail Dance Festival - NOW Premier
nest reserved
PAID:
4:30 PM - 8:00 PM
Paid
128
Thu - 8/10/23 Kids Adventure Games 8/10-8/13
Vail Wine Classic
VAF lot RESERVED for Vail Wine Classic
VAF lot RESERVED
Fri - 8/11/23 Vail Wine Classic
VAF lot RESERVED for Vail Wine Classic
VAF lot RESERVED
Sat - 8/12/23 Vail Wine Classic
VAF lot RESERVED for Vail Wine Classic
VAF lot RESERVED
Sun - 8/13/23 Farmers' Market
Vail Wine Classic
VAF lot RESERVED for Vail Wine Classic
VAF lot RESERVED
Tue - 8/15/23 AEG - Head & the Heart + Father John
Misty
PAID:
3:30 PM - 8:00 PM
Paid
Wed - 8/16/23 AEG - Head & the Heart + Father John
Misty
PAID:
3:30 PM - 8:00 PM
Paid
Thu - 8/17/23 HSN - Hogslop String Band PAID:
4:30 PM - 8:00 PM
Paid
Fri - 8/18/23 AEG - TBD PAID:
3:30 PM - 8:00 PM
Paid
Sat - 8/19/23 AEG - Mt. Joy PAID:
3:30 PM - 8:00 PM
Paid
Sun - 8/20/23 Farmers' Market
AEG - TBD
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Tue - 8/22/23 HSN - Jimi's Dead PAID:
4:30 PM - 8:00 PM
Paid
Sun - 8/27/23 Farmers' Market
CO SnowSports Museum Event
MANAGED:
TBD
Managed
Tue - 8/29/23 HSN - Fruiton PAID:
4:30 PM - 8:00 PM
Paid
Sat - 9/2/23 AEG - Pixies & Modest Mouse with Cat
Power
PAID:
3:30 PM - 8:00 PM
Paid
Sun - 9/3/23 Farmers' Market
AEG - Tash Sultana
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Thu - 9/7/23 Community Concert MANAGED:
3:30 PM - 8:00 PM
Managed
129
Fri - 9/8/23 Oktoberfest LH
AEG - TBD
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Sat - 9/9/23 Oktoberfest LH
AEG - TBD
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Sun - 9/10/23 Farmers' Market
AEG - TBD
Oktoberfest LH
PAID:
3:30 PM - 8:00 PM
Paid - Concert
Fri - 9/15/23 Bnai Vail
Oktoberfest VV
Vail Automotive Classic
MANAGED:
6:00 PM - 8:00 PM
Managed - Bnai
Sat - 9/16/23 Bnai Vail
Oktoberfest VV
MANAGED:
8:30 AM - 10:30 AM
Managed - Bnai
Sun - 9/17/23 Farmers' Market
Oktoberfest VV
Sun - 9/24/23 Farmers' Market
Bnai Vail
MANAGED:
6:00 PM - 8:00 PM
Managed - Bnai
Mon - 9/25/23 Bnai Vail MANAGED:
8:30 AM - 10:30 AM
Managed
Sun - 10/1/23 Farmers' Market
Thu - 10/5/23 AEG - Bert Kreischer PAID:
3:30 PM - 8:00 PM
Paid
Sun - 10/8/23 Farmers' Market
130
From:ELIZABETH MUSOLF REILLY
To:PublicInputTownCouncil
Subject:parking
Date:Tuesday, April 18, 2023 10:04:53 AM
Hi! I am reading the 4/18/2023 Vail Daily article on summer events parking. I'm
wondering if you'd have special consideration for free event parking at the soccer field
for those with a valid handicapped parking tag.
My parents are 88 and 85 and enjoy coming to Vail from Gypsum for summer
concerts. Their mobility is limited, especially with stairs. They are also excessively
slow to walk. To park at the structure and walk up and down the stairs to catch the
free bus, to be dropped off at another location with more walking would inhibit their
ability to attend events and would also increase their risk of trips/ falls. And in
addition, they would find themselves late to every event.
My hope is that they would not be charged more than others because of
their disability. My hope is that the Town of Vail continues celebrates all visitors,
regardless of age and ability.
Most sincerely,
Beth Reilly MPH (she/her)
Health, Quality, Compliance, and Assessment Manager
Early Childhood Department
Eagle County Schools
(970) 306-9955
Elizabeth.MusolfReilly@eagleschools.net
131
AGENDA ITEM NO. 6.5
Item Cover Page
DATE:April 18, 2023
TIME:10 min.
SUBMITTED BY:Stephanie Bibbens, Town Manager
ITEM TYPE:Action Items
AGENDA SECTION:Action Items
SUBJECT:Ordinance No. 8, Series of 2023, First Reading, An Ordinance of
the Town Council of the Town of Vail Amending Section 4-2-4 of
the Vail Town Code to Permit Alcoholic Beverage Tastings at
Fermented Malt Beverage and Wine Retailers
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance No. 8, Series
of 2023 upon first reading.
PRESENTER(S):Matt Mire, Town Attorney
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Tastings-O040523.docx
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ORDINANCE NO. ___
SERIES 2023
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF VAIL
AMENDING SECTION 4-2-4 OF THE VAIL TOWN CODE TO PERMIT
ALCOHOLIC BEVERAGE TASTINGS AT FERMENTED MALT
BEVERAGE AND WINE RETAILERS
WHEREAS, C.R.S. § 44-3-301(10) previously authorized a local licensing
authority to receive and approve applications for tastings by a retail liquor store or a liquor-
licensed drugstore, or to prohibit tastings altogether;
WHEREAS, on March 1, 2023, Proposition 125 amended the above-mentioned
statutory section to add fermented malt beverages and wine retailers to the list of
licensees that are permitted to conduct tastings; and
WHEREAS, the Town now desires to amend the Vail Town Code to include
fermented malt beverage and wine retailers as licensees that may apply for tastings.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1.Section 4-2-4 of the Vail Town Code is hereby repealed in its entirety
and reenacted as follows:
4-2-4: TASTINGS:
Pursuant to C.R.S. § 44-3-301(10), as amended, the Town hereby
authorizes alcoholic beverage tastings for licensed retail liquor stores, liquor
licensed drugstores and fermented malt beverage and wine retailers in the
Town, subject to the limitations in C.R.S. § 44-3-301(10), and subject to the
approval by the Local Licensing Authority of a tastings permit application in
a form approved by the Town Clerk.
Section 2.If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3.The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4.The amendment of any provision of the 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
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any other action or proceeding as commenced under or by virtue of the provision
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5.All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of ______________,
2023 and a public hearing for second reading of this Ordinance set for the _____day of
______________, 2023, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this ___ day of ______________, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
134
AGENDA ITEM NO. 7.1
Item Cover Page
DATE:April 18, 2023
TIME:5 min.
SUBMITTED BY:Jamie Leaman-Miller, Community Development
ITEM TYPE:Public Hearings
AGENDA SECTION:Public Hearings
SUBJECT:Ordinance No. 7, Series of 2023, Second Reading, An Ordinance
of the Vail Town Council Repealing and Reenacting Section 12-3-
3 of the Vail Town Code to Simplify and Clarify the Procedures
for Land Use Appeals
SUGGESTED ACTION:Approve, approve with amendments, or deny Ordinance 7, Series of
2023 upon second reading.
PRESENTER(S):Jamie Leaman-Miller, Planner
VAIL TOWN COUNCIL AGENDA ITEM REPORT
ATTACHMENTS:
Staff Memorandum - Ordinance No. 7, Series of 2023.pdf
Ordinance 7 - Series of 2023.pdf
Attachment B. Staff_Memorandum_PEC22-0032_3-13-23.pdf
Attachment C. PEC_Results_3-13-23.pdf
Attachment_D._PEC_Results_1-23-23.pdf
135
TO: Vail Town Council
FROM: Community Development Department
DATE: April 18, 2023
SUBJECT: Second reading of Ordinance No. 7, Series of 2023, for a Prescribed Regulation
Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend
Section 12-3-3 Appeals, to simplify and clarify the procedures for land use
appeals and setting forth details in regard thereto. (PEC22-0032)
Applicant: Town of Vail
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-3-3 Appeals. This update
was recommended by the Town’s legal department and is intended to improve the
efficiency and clarity of the land use appeals process for all parties. The amendment will
update a section of the code which has not seen significant updates in recent years and
will bring the code into greater alignment with similar communities
II. ACTION REQUESTED OF THE TOWN COUNCIL
The Vail Town Council shall approve, approve with modifications, or deny Ordinance
No. 7, Series of 2023, on second reading.
III. DESCRIPTION OF REQUEST
Please see Attachment A for the draft ordinance with the proposed language for Section
12-3-3, Vail Town Code. The existing section would be repealed in its entirety and
replaced with the proposed language.
136
Town of Vail 2
IV. BACKGROUND
The Planning and Environmental Commission (PEC) held a public hearing on the
proposed amendment on January 23, 2023. There was discussion as to the best
language for the standing sections of who can bring an appeal, and the PEC provided
additional recommendations including notifying the owner’s association in multifamily
developments. The item was continued to the next regularly scheduled meeting.
On February 13, 2023 the item was tabled to the March 13th meeting where it was
subsequently heard. The PEC recommended approval in a 6-1-0 vote (Perez opposed).
Commissioner Perez recommended notifying not just the HOA but also individual unit
owners in multifamily developments.
On April 4, 2023, during first reading, Town Council recommended notifying each owner
in the case of multi-family properties, as well as adding additional details as to the
procedures for the hearing. The ordinance has been updated for the second reading to
include language to notify each owner in an association; Sections A.4.d and B.4.d.
The following table summarizes the general changes proposed with this amendment.
Procedure Existing
Section(s)
Proposed
Section(s)
Summary of changes
Procedure -
noticing
B (3) & C(3) A.4.d & B.4.d • Updated language to notice all owners
within an association (Revised Apr. 18)
Standing B (2) & C (2)
Initiation
A.3 & B.3
Standing
• Reinserted “adversely affected person”
to sections (revised March. 13)
Hearing Procedure B(3) & C(3)
Procedures
A.4 & B.4
Procedure
• Minor adjustments to deadline for filing
appeal and scheduling a public hearing
• Appeals are “de novo,” review body or
council may adopt procedures for the
public hearing
• Removed appeal form reference,
consolidated fee section
(Table cont.)
137
Town of Vail 3
Administrator
Determination
B (2) & C (2) A.4.b & B.4.b • 7-day period from appeal for
administrator to determine standing
• Administrator determination of standing
not subject to further appeal
Council Call-Ups C (2) Section C • Relocated council call-ups to Section C,
proposed.
V. RECOMMENDED MOTION
Should the Vail Town Council choose to approve Ordinance No. 7, Series of 2023, on
second reading, the Planning and Environmental Commission recommends the Council
pass the following motion:
“The Vail Town Council approves, on second reading, Ordinance No. 7, Series
of 2023, an ordinance amending Section 12-3-3 Appeals, to simplify and clarify
the procedures for land use appeals and setting forth details in regard thereto.”
Should the Vail Town Council choose to approve Ordinance No. 7 Series of 2023, the
Planning and Environmental Commission recommends the Council make the following
findings: “The Vail Town Council finds:”
1. That the amendment is consistent with the applicable elements of the
adopted goals, objectives and policies outlined in the Vail comprehensive
plan and is compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the zoning
regulations; and
3. That the amendment promotes the health, safety, morals, and general
welfare of the town and promotes the coordinated and harmonious
development of the town in a manner that conserves and enhances its natural
environment and its established character as a resort and residential
community of the highest quality.”
VI. ATTACHMENTS
A. Ordinance No. 7, Series of 2023
B. Staff Memorandum to PEC, March 13, 2023
C. PEC Minutes, March 13, 2023
D. PEC Minutes, January 9, 2023
138
ORDINANCE NO. 7
SERIES 2023
AN ORDINANCE OF THE VAIL TOWN COUNCIL REPEALING AND
REENACTING SECTION 12-3-3 OF THE VAIL TOWN CODE TO
SIMPLIFY AND CLARIFY THE PROCEDURES FOR LAND USE
APPEALS
NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL,
COLORADO, THAT:
Section 1. Section 12-3-3 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-3-3: APPEALS AND CALL-UP:
A. Appeals of administrative decisions.
1. Purpose. The purpose of this subsection A is to provide an
avenue to appeal a final administrative decision based on a belief that there
was an error in a final administrative decision made by the Administrator
under Titles 11, 12, 13 and 14 of this Code.
2. Applicability. This subsection A shall apply to final
administrative decisions of the Administrator. For purposes of this
subsection A, a "final administrative decision" is a written decision of the
Administrator interpreting a specific provision of this Code.
3. Standing. Only the following have standing to appeal: the
affected applicant; an owner of real property that is adjacent to the property
that is the subject of the application; or any adversely affected person. For
purposes of this Section, adversely affected person means any person who
will suffer an adverse effect to an interest protected by this Title, but only if
the adverse effect exceeds in degree the effect on others in the general
interest in community good shared by all persons.
4. Procedure.
a. A notice of appeal shall be filed within 20 days of the final
administrative decision. The notice of appeal shall include all
information required by the appeal application provided by the
Department of Community Development and the applicable fee as
established by resolution of the Town Council. Failure to timely file
a complete appeal shall constitute a waiver of the right to appeal.
b. Within 7 days of receipt of a complete notice of appeal, the
Administrator shall determine whether the appellant has standing to
appeal. If the Administrator finds that the appellant does not have
139
standing, the Administrator shall notify the appellant, in writing, that
the appeal has been dismissed. The dismissal is not subject to
further appeal.
c. If the Administrator determines that the appellant has
standing, the Administrator shall determine the appropriate review
body. Appeals of administrative decisions related to design
guidelines shall be heard by the Design Review Board. All other
appeals of administrative decisions shall be heard by the Planning
and Environmental Commission. The Administrator shall schedule a
public hearing before the applicable review body at its next available
meeting to occur within 60 days of the standing determination.
d. At least 15 days prior to the hearing, the Administrator shall
send written notice of the date, time and place of the hearing to the
appellant, the applicant and adjacent property owners, by first class
U.S. Mail, postage prepaid. If adjacent property owners are in a
planned community, notice shall be sufficient if mailed to each owner
within the association at the address according to the Eagle County
Assessor as of the date of the filing of the appeal.
e. All appeals shall be de novo, and the review body many
consider any evidence it deems to be relevant. The burden shall be
on the appellant to prove by a preponderance of the evidence that
the decision being appealed was incorrect. The review body may
adopt procedures for the public hearing, including without limitation
time allowances for the presentation of evidence, argument and
public comment, if any.
f. The review body shall review the appeal based on the
applicable standards and criteria in the Town Code. The review body
shall affirm, modify or overturn the final administrative decision, and
shall issue written findings to support its decision. The review body
may request that the Town Attorney draft such findings for adoption
at a subsequent meeting, and the decision shall not be final until such
findings have been adopted.
g. The decision of the review body is subject to further appeal as
set forth in subsection B hereof.
4. Stay. The filing of a complete notice of appeal shall stay all
permit activity and any proceedings related to the application being
appealed or the property that is the subject of such application, unless the
Administrator determines that a stay poses imminent peril to life or property.
The stay shall continue until final resolution of the appeal.
140
B. Appeals of decisions by the Planning and Environmental
Commission, Design Review Board, and Art in Public Places Board.
1. Purpose. The purpose of this subsection B is to provide an
avenue to appeal a final decision based on a belief that there was an error
in a decision made under the relevant Title of the Town Code.
2. Applicability. This subsection B shall apply to final decisions
made by the Planning and Environmental Commission, Design Review
Board, or Art in Public Places Board with respect to the provisions of the
Town Code.
3. Standing. Only the following have standing to appeal: the
affected applicant; an owner of real property that is adjacent to the property
that is the subject of the application, or any adversely affected person. For
purposes of this Section, adversely affected person means any person who
will suffer an adverse effect to an interest protected by this Title, but only if
the adverse effect exceeds in degree the effect on others in the general
interest in community good shared by all persons.
4. Procedure.
a. A notice of appeal shall be filed within 20 days of the decision
being appealed. The notice of appeal shall include all information
required by the appeal application provided by the Department of
Community Development and the applicable fee established by
resolution of the Town Council. Failure to timely file a complete
appeal shall constitute a waiver of the right to appeal.
b. Within 7 days of receipt of a complete notice of appeal, the
Administrator shall determine whether the appellant has standing to
appeal. If the Administrator finds that the appellant does not have
standing, the Administrator shall notify the appellant, in writing, that
the appeal has been dismissed. The dismissal is not subject to
further appeal.
c. If the Administrator determines that the appellant has
standing, the Administrator shall schedule a public hearing before
the Town Council to occur within 60 days of such determination.
d. At least 15 days prior to the hearing, the Administrator shall
send written notice of the date, time and place of the he aring to the
last known addresses of the applicant, appellant and adjacent
property owners by first class U.S. Mail. If adjacent property owners
are in a planned community, notice shall be sufficient if mailed to
each owner within the association at the address according to the
Eagle County Assessor as of the date of the filing of the appeal.
141
e. All appeals shall be de novo, and the Town Council may
consider any evidence it deems to be relevant. The burden shall be
on the appellant to prove by a preponderance of the evidence that
the decision was incorrect. The Town Council may adopt procedures
for the public hearing, including without limitation time allowances for
the presentation of evidence, argument and public comment, if any.
f. The Town Council shall review the appeal based on the
applicable standards and criteria in the Town Code. The Town
Council shall affirm, modify or overturn the decision, and shall issue
written findings to support its decision. The Town Council may
request that the Town Attorney draft such findings for adoption at a
subsequent meeting, and the Town Council's decision shall not be
final until adoption of such findings.
5. Stay. The filing of a complete notice of appeal shall stay all
permit activity and any proceedings related to the application being
appealed or the property that is the subject of such application, unless the
Administrator determines that a stay poses imminent peril to life or property.
The stay shall continue until final resolution of the appeal.
6. Further review. The decision of the Town Council on any
appeal is final, subject only to judicial review as allowed by law.
C. Call-up by Town Council. The Town Council may call up any
decision of the Planning and Environmental Commission or the Design
Review Board or the Art in Public Places Board, by a majority vote of those
Town Council members present, within 20 days of the decision being called
up. Once called up, the decision shall be reviewed in the same manner as
an appeal, provided that no finding of standing shall be necessary, and
there shall be no burden of proof.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity of
the remaining portions of this ordinance; and the Council hereby declares it would have
passed this ordinance, and each part, section, subsection, sentence, clause or phrase
thereof, regardless of the fact that any one or more parts, sections, subsections,
sentences, clauses or phrases be declared invalid.
Section 3. The Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town and the
inhabitants thereof.
Section 4. The amendment of any provision of the 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
142
amended. The amendment of any provision hereby shall not revive any provision or any
ordinance previously repealed or superseded unless expressly stated herein.
Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This repealer
shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof,
theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 4th day of April, 2023 and a public
hearing for second reading of this Ordinance set for the 18th day of April, 2023, in the
Council Chambers of the Vail Municipal Building, Vail, Colorado.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 18th day of April, 2023.
_____________________________
Kim Langmaid, Mayor
ATTEST:
____________________________
Stephanie Bibbens, Town Clerk
143
TO: Planning and Environmental Commission
FROM: Community Development Department
DATE: March 13, 2023
SUBJECT: A request for a recommendation to the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-3-3 Appeals, to simplify and clarify the procedures for land use appeals and setting forth details in regard thereto. (PEC22-0032)
Applicant: Town of Vail
Planner: Jamie Leaman-Miller
I. SUMMARY
The applicant, Town of Vail, is proposing to amend Section 12-3-3. This update was
recommended by the Town’s legal department and is intended to improve the efficiency
and clarity of the land use appeals process. The amendment will update a section of the
code which has not seen significant updates in recent years and bring the code into
greater alignment with similar communities.
II. DESCRIPTION OF REQUEST
The applicant, the Town of Vail, is requesting that the Planning and Environmental
Commission forward a recommendation of approval to the Vail Town Council for
amendments to Sections 12-3-3, pursuant to Section 12-3-7, Amendment, Vail Town
Code, to simplify and clarify the procedures for land use appeals.
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Town of Vail Page 2
III. PROPOSED TEXT AMENDMENT LANGUAGE
Please see Attachment A for the draft ordinance with the proposed language for Section
12-3-3, Vail Town Code. The section would be repealed in its entirety and replaced with
the proposed language. The following table summarizes some of the general changes
made with this amendment.
Procedure Existing
Section(s)
Proposed
Section(s)
Summary of changes
Standing B (2) & C (2)
Initiation
A.3 & B.3
• Reinserted “adversely affected person”
to sections (revised March. 13)
Hearing Procedure B(3) & C(3)
Procedures
A.4 & B.4 • Minor adjustments to deadline for filing
appeal and scheduling a public hearing
• Appeals are “de novo,” review body or
council may adopt procedures for the
public hearing
• Removed appeal form reference,
consolidated fee section
Administrator
Determination
B (2) & C (2) A.4.b
B.4.b
• 7-day period from appeal for
administrator to determine standing
• Administrator determination of standing
not subject to further appeal
Please see Attachment C for a redlined version of the changes made since the last
meeting on January 23rd. Those changes are also summarized below.
• Reinserted “adversely affected person” to Standing sections (A3 & B3)
• Added language to notify owner’s association to A.4.d and B.4.d
• Revised A.2 Applicability
• Relocated Town Council call-ups to new Section C
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Town of Vail Page 3
IV. ROLES OF REVIEWING BODIES
Order of Review:
Generally, text amendment applications will be reviewed by the Planning and
Environmental Commission and the Commission will forward a recommendation to the
Town Council. The Town Council will then review the text amendment application and
make the final decision.
Planning and Environmental Commission:
The Planning and Environmental Commission is responsible for the review of a text
amendment application, pursuant to Section 12-3-7, Amendment, Vail Town Code, and
forwarding of a recommendation to the Town Council.
Design Review Board:
The Design Review Board (DRB) has no review authority over a text amendment to the
Vail Town Code.
Town Council:
The Town Council is responsible for final approval, approval with modifications, or denial
of a text amendment application, pursuant to Section 12-3-7, Amendment, Vail Town
Code.
Staff:
The Town Staff facilitates the application review process. Staff reviews the submitted
application materials for completeness and general compliance with the appropriate
requirements of the Town Code. Staff also provides the Planning and Environmental
Commission a memorandum containing a description and background of the application;
an evaluation of the application regarding the criteria and findings outlined by the Town
Code; and a recommendation of approval, approval with modifications, or denial.
V. APPLICABLE PLANNING DOCUMENTS
Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are
relevant to the review of this proposal:
Title 12, Zoning Regulations, Vail Town Code
CHAPTER 12-1, TITLE, PURPOSE AND APPLICABILITY (in part)
Section 12-1-2: Purpose:
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Town of Vail Page 4
A. General: These regulations are enacted for the purpose of promoting the health,
safety, morals, and general welfare of the Town, and to promote the coordinated and
harmonious development of the Town in a manner that will conserve and enhance its
natural environment and its established character as a resort and residential community
of high quality.
B. Specific: These regulations are intended to achieve the following more specific
purposes:
1. To provide for adequate light, air, sanitation, drainage, and public facilities.
2. To secure safety from fire, panic, flood, avalanche, accumulation of snow, and other
dangerous conditions.
3. To promote safe and efficient pedestrian and vehicular traffic circulation and to lessen
congestion in the streets.
4. To promote adequate and appropriately located off-street parking and loading facilities.
5. To conserve and maintain established community qualities and economic values.
6. To encourage a harmonious, convenient, workable relationship among land uses,
consistent with Municipal development objectives.
7. To prevent excessive population densities and overcrowding of the land with
structures.
8. To safeguard and enhance the appearance of the Town.
9. To conserve and protect wildlife, streams, woods, hillsides, and other desirable natural
features.
10. To assure adequate open space, recreation opportunities, and other amenities and
facilities conducive to desired living quarters.
11. To otherwise provide for the growth of an orderly and viable community.
VI. ENVIRONMENTAL IMPACTS
The proposed prescribed regulation amendment does not have any identifiable
environmental impacts.
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Town of Vail Page 5
VII. CRITERIA FOR REVIEW
1. The extent to which the text amendment furthers the general and specific
purposes of the zoning regulations; and
The general purposes of the zoning regulations are for “promoting the health, safety,
morals, and general welfare of the town, and to promote the coordinated and harmonious
development of the town in a manner that will conserve and enhance its natural
environment and its established character as a resort and residential community of high
quality”. The amendment brings clarity and simplicity to the process through which
applicants can question administrative or board decisions they believe were made in
error.
Staff finds that the proposed text amendment meets this criterion.
2. The extent to which the text amendment would better implement and better
achieve the applicable elements of the adopted goals, objectives, and policies
outlined in the Vail comprehensive plan and is compatible with the development
objectives of the town; and
Staff finds that the proposed amendment will better implement or achieve the applicable
elements of the adopted goals, objectives, and policies outlined in the Vail
Comprehensive Plan. The amendment increases the transparency and efficiency of this
process, thereby furthering the goals and objectives of the comprehensive plan.
Staff finds that the proposed text amendment meets this criterion.
3. The text amendment demonstrates how conditions have substantially changed
since the adoption of the subject regulation and how the existing regulation is no
longer appropriate or is inapplicable; and
The section in question has not seen significant updates in more than two decades. The
amendment will clarify the appeals process, as well as bring this section up to date with
more recent code amendments.
Staff finds that the proposed text amendment meets this criterion.
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Town of Vail Page 6
4. The extent to which the text amendment provides a harmonious, convenient,
workable relationship among land use regulations consistent with municipal
development objectives; and
Staff finds that the text amendment will ensure a harmonious, expedient, workable
relationship among land use regulations consistent with the Town’s development
objectives. The amendment improves the process through which a decision may be
appealed.
Staff finds that the proposed text amendment meets this criterion.
5. Such other factors and criteria the Planning and Environmental Commission
and/or council deem applicable to the proposed text amendments
Staff will provide additional information as needed should the PEC and/or council
determine other factors or criteria applicable to the proposed text amendment.
VIII. STAFF RECOMMENDATION
The Community Development Department recommends that the Planning and
Environmental Commission forward a recommendation of approval for the prescribed
regulation amendment to the Vail Town Council. This recommendation is based upon the
review of the criteria outlined in Section VII of this memorandum and the evidence and
testimony presented.
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission pass the following motion:
"The Planning and Environmental Commission forwards a recommendation of approval to
the Vail Town Council for a Prescribed Regulation Amendment pursuant to Section 12-3-
7 Amendment, Vail Town Code to amend Section 12-3-3 Appeals, to simplify and clarify
the procedures for land use appeals and setting forth details in regard thereto. (PEC22-
0032)
Should the Planning and Environmental Commission choose to forward a
recommendation of approval to the Vail Town Council for the proposed prescribed
regulation amendment, the Community Development Department recommends the
Commission makes the following findings:
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Town of Vail Page 7
“Based upon a review of Section VII of the March 13, 2023, staff memorandum to the
Planning and Environmental Commission, and the evidence and testimony presented, the
Planning and Environmental Commission finds:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and is compatible
with the development objectives of the Town; and
2. That the amendment furthers the general and specific purposes of the Zoning
Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and
3. That the amendment promotes the health, safety, morals, and general welfare of the
Town and promotes the coordinated and harmonious development of the Town in a
manner that conserves and enhances its natural environment and its established
character as a resort and residential community of the highest quality."
IX.ATTACHMENTS
A.Draft Ordinance Amendment Title
12-3-3
B.Current & Proposed Code - redline
C.March 13th Revisions - redline
D.PEC Minutes January 23, 2023
150
Planning and Environmental Commission Minutes Monday, March 13, 2023
1:00 PM
Vail Town Council Chambers
Present: Brian Judge Karen Perez Henry Pratt Absent: None Bobby Lipnick Reid Phillips
Bill Jensen John Rediker
1. Virtual Link Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar. 2. Call to Order
3. Main Agenda
3.1 PEC23-0002 - A request for the review of a Conditional Use Permit, pursuant to
Section 12-9C-3, Conditional Uses, Vail Town Code, in accordance with Section
12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of
a new artist studio to replace the current cottage residence in the Gerald R. Ford
Park, located at 183 Gore Creek Dr/ Unplatted and setting forth details in regard
thereto.
Planner: Heather Knight Applicant Name: Town of Vail, represented by Greg Hall Staff Memo PEC23-0002.pdf Attachment A. PEC_Art_Studio_02132023-narrative.pdf
Attachment B. VAC_3.2_Council_presentation_AIPP.pdf
Attachment C. Survey-FordPark_ partial.pdf Attachment
D. Vail Ford Park Art Cottage Site Plan.pdf Attachment E.
Existing-Structural_report.pdf Attachment F.
Title_Commitment_04012022.pdf Planner Knight gives a short presentation on the location of the current cottage and the proposed use
to replace the cottage. She goes over the existing zoning and how the proposed use fits into the
Conditional Uses in the zone district. The use is in line with the Comprehensive Plan and goals of the
Ford Park Master Plan.
Pratt asks why not a dwelling.
Knight answers that a dwelling unit is not a permitted use in the General Use zone district.
Judge asks where DRB falls in line with this review.
Knight answers that they will review if this is approved.
Greg Hall, Public Works Director, representing the applicant gives a short explanation of why
the application is before the PEC.
Molly Eppard, Art in Public Places Coordinator, explains how the AIPP Board decided to move in the
direction to bring an artist studio to Ford Park. There was monetary dedication to the AIPP to pursue a
use of the current space but was found to be not structurally viable. The result was to get a design to
Planning and Environmental Commission Meeting Minutes of March 13, 2023 1
151
replace the structure. She goes over what an artist in residency means. A variety of uses
were contemplated, and it was decided to be used for the working artist studio.
Perez asks how many of the neighboring towns have this with a dwelling unit. Why are we not doing
so at this time?
Planner Knight answers that there may be a way, but it is not the current proposal before us, as it
does not fit within the Ford Park Master Plan.
Greg Hall answers that they are also looking to minimize the footprint in that area and there are a
number of constricting factors in the area. It doesn't seem to be a good place to add a unit.
Jensen adds that generally artists are only there for a couple weeks and stay at hotels or with
someone on an art board. This space is not an appropriate use for housing. As many as 6-9 artists
may be through here and the community will find ways to house these people while they are visiting.
Molly adds that they may have artists once at a time and have had great sponsorship in the past.
Rediker brings the focus back to the criteria and conditions in the staff memo. He goes over
the proposed structure and site planning.
Hall explains all the setup of the unit, setbacks, size, and location.
Rediker asks about the height.
Hall explains the height and the expanded interior for additional light and working space. It is taller
than the existing structure to accommodate bigger pieces and the structure will be sized to hang art.
Rediker asks if any trees are being removed.
Hall answers, no, only some trimming would take place. Fire resistant materials are going to be used.
Rediker asks about the landscaping.
Hall answers that there aren't any plans currently. DRB may require more, but none is proposed at
this time as the park is heavily landscaped in general.
Rediker asks about parking.
Hall answers that they will use the existing path to transport materials and access the building. They
can use the parking up at the top and we don't anticipate needing any additional spaces. Handicap
accessible spaces are available by the amphitheater.
Judge asks why the building was being moved from the current location to the proposed area. He
is concerned about moving it closer to the trees and possible impacts to those.
Hall said they reduced the size of the building to fit in between the trees. The town plans to bring in an
arborist and do a lot of hand digging in that area. To avoid the dripline, it would change the orientation
of the building or bring it too close to the path.
Judge wants it to be in the location it currently is to be less impactful to the trees surrounding the
building. He wants to know if artists have been reached out to on how they would like it designed
and what works for artists.
Planning and Environmental Commission Meeting Minutes of March 13, 2023 2
152
Molly answers that they have worked with artists and gotten a consultant on board to help with
that proposal.
Judge wonders if utility load has been considered.
Hall answers that the structure will meet building code and are proposing 100% electric. No solar
is being proposed because of the orientation and pitch of the roof.
Judge challenges the architect or DRB to find a design that will not dump snow onto the patio.
Hall goes back to the location.
Judge was looking for the reason it was moved and if there isn't one, then why not leave it where is.
Hall answers it was a leftover from a previous design that allows for some outdoor gathering.
Rediker talks about the trees and how the building will impact those directly around it. Is it better
to remove one and give the other trees more space?
Hall answers that there are stream setbacks and preservation zones that start to become an issue.
He goes over the fire free five requirements.
Molly says the AIPP board and the architect reviewed the trees as part of the design and
the preservation of them is key. He designed it specifically to keep those and fit within.
Judge asks what the benefit to the Town is with this structure?
Hall goes over the zoning and the conditional use.
Phillips agrees with Judge. The current location of the existing structure seems the most sensible.
Rediker asks about the path.
Hall explains that there will be a path added to the entry.
Pratt asks if there will be a path to the back.
Hall answers that it will be used infrequently, and they may use protectors on the lawn on the
occasion that it is needed.
Rediker opens public comment. No public wishes to comment. Public comment is closed.
Pratt happy to see this coming to fruition. Would like to see some snow/weather protection for the patio.
Lipnick asks about the goal to create an "exceptional art collection" and if there will be a gallery in
this building.
Molly answers that no, there will be no gallery there.
Lipnick asks about the community engagement.
Molly says that it will be open to the public for some times to allow for activities or demonstrations.
There is some plan for activities with the artist in the area.
Planning and Environmental Commission Meeting Minutes of March 13, 2023 3
153
Hall adds that some art made in this building may stay in Vail, but siting is dependent on the AIPP Board.
Jensen understands the proposed siting. He would be sad to see the trees fall into ill-health as a result
of the addition of this building. He encourages the effort be made to preserve the trees.
Rediker shares the concerns on the siting of the building. Believes the use meets the criteria laid out for
conditional use. Sites objective 1.4 as a basis for why siting is important to preserve the trees. Thinks that
this could be moved closer to the current location and have a better chance of maintaining those trees.
Would like there to be a conversation with the architect about possibly re-siting the building.
Discussion around how this will meet the Wildland Fire design elements.
Rediker asks about a condition that may add additional review about the preservation of the trees.
Judge goes over the trees that are there and his concerns with regard to preserving them.
Rediker would like to see some sort of condition that requires additional review for a landscaping
plan that best preserves the trees.
Reid Phillips made a motion, with a condition, to Approve; Bobby Lipnick seconded the motion
Passed (7 - 0).
Condition: The DRB approve the landscaping plan with a building siting that preserves existing
trees on site.
3.2 PEC22-0032 - A request for a recommendation to the Vail Town Council for a
Prescribed Regulation Amendment pursuant to Section 12-3- 7 Amendment,
Vail Town Code to amend Section 12-3-3 Appeals, to simplify and clarify the
procedures for land use appeals and setting forth details in regard thereto.
Planner: Jamie Leaman-Miller Applicant Name: Town of Vail, represented by Matt Gennett Staff Memorandum PEC22-0032_3-13-23.pdf Attachment A. Draft Ordinance Amendment Title 12-3-
3.pdf Attachment B. Current & Proposed Code -
redline.pdf Attachment C. March 13 Revisions -
redline.pdf Attachment D. PEC Results 1-23-23.pdf
Planner Leaman-Miller gives a short presentation on the proposal and the revisions since the last
meeting. Standing was revised to include "adversely affected persons". Notification was added with
regard to multi-family developments as well as relocating the section for Town Council Call-ups.
Perez asks about the notification for the Owner's association.
Judge asks about how that is done for the DRB and that it would be the HOA, not the unit owner.
Perez believes that there should be individual owners notified in addition to the HOA. The language
does not say that, it was changed to just the HOA.
Judge asks if timeline was changed.
Planning and Environmental Commission Meeting Minutes of March 13, 2023 4
154
Leaman-Miller says some were changed to be more clear, but no large changes to the timeline.
Rediker asks if PEC still has ability to call up staff determinations is maintained.
Matt Gennett says that will be maintained, and is relatively rare for the PEC.
Rediker ask about the determination of standing. When the administrator makes the determination
of standing, and no standing is found, then the next step would be the courts, and not any other
process with the Town.
Matt Mire, town attorney, agrees, they could go to district court, but not with the Town.
Public Comment is opened.
Dominic Mauriello, representing himself, is concerned about the administrative determination
section. The language references applications, and in some instances decisions are requested
without applications. Adding the requirement for an application is a larger burden.
Matt Mire notes that this was added as "or any adversely affected person", in the code. Matt
Mire explains how this would come into play for the planning commission.
Mauriello notes that was his only comment, and he's ok with what is proposed.
Rediker ask a question based on the language and how the "adversely affected person" allows for
the situation Dominic was asking about.
Matt Mire confirms that anyone could file an appeal under that language for an
administrative determination without an application.
Mauriello notes that he is concerned how it will be interpreted later.
Rediker notes that there isn't much that can be done about that. These minutes are going to be part
of the record.
Public comment is closed.
Perez would like to see language changed to include adjacent property owners and HOAs, not
just HOAs. Would like to see a condition that it be added prior to the Town Council review.
Rediker notes that the comments have been met from the original meeting. The broad language
will work. It is an important section to allow for challenges if mistakes are made. These are
important sections and policy decisions that are being set.
Public comment is reopened for Dominic Mauriello. He notes that today you are only required to
notify the HOA and if you require that adjacent units in addition to the HOA, then it could raise
difficulties. It would be better to send to either the HOA or all unit owners.
Public comment closed.
Rediker appreciates the concern from Commissioner Perez. The HOA should be notifying all owners.
Is it the Town's concern if the HOA has good management or not? Doesn't want to put too much
responsibility on the Town to figure out who is next to the property.
Perez says sometimes the HOA should be notified and has not been notified. In the last five years the
Planning and Environmental Commission Meeting Minutes of March 13, 2023 5
155
HOA she sits on has not been notified when she believes they should of. Would like to see the belt
and suspenders version to get more notice out there. More up front notification could solve issues.
Mire adds that we will note this for the record and Town Council will see that.
Karen Perez made a motion to forward a recommendation of approval with a condition that the word
"also" be added to the section in 4d "if adjacent property owners are in a planned community" if "also"
mailed to"; no second. Motion fails.
Henry Pratt made a motion to forward a recommendation of approval with findings on pages six and
seven of the staff report; Reid Phillips seconded the motion Passed (6 - 1 (Perez opposed)).
4. Approval of Minutes
4.1 PEC Results 2-27-23 PEC_Results_2-27-23.pdf
Reid Phillips made a motion to Approve: Bill Jensen seconded the motion Passed (7 – 0).
5. Information Update Update on appointments was made by staff.
Rediker talked about Lunch with the Locals that is on Wednesday. Encouraged commission
members to attend.
6. Adjournment
Bill Jensen made a motion to Adjourn; Karen Perez seconded the motion Passed (7 – 0).
Planning and Environmental Commission Meeting Minutes of March 13, 2023 6
156
Present:Bobby Lipnick
Karen Perez
John Rediker
Henry Pratt
Bill Jensen
Reid Phillips
Brian Judge
1.Virtual Link
Register to attend the Planning and Environmental Commission meeting. Once registered,
you will receive a confirmation email containing information about joining this webinar.
2.Call to Order
3.Main Agenda
Planner: Jamie Leaman-Miller
Applicant Name: Town of Vail, represented by Matt Gennett
3.1 PEC22-0032 A request for a recommendation to the Vail Town Council for a
Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail
Town Code to amend Section 12-3-3 Appeals, to simplify and clarify the
procedures for land use appeals and setting forth details in regard thereto.
Planner Leaman-Miller gives a short presentation on the item and the proposal. The proposal amends
the Town Code section on Land Use Appeals. Minor changes are proposed to bring the section up to
date with current legal requirements. A summary of the proposed changes is presented by staff. Criteria
for review are shown and staff is recommending approval of the application.
Rediker has questions on some of the changes. He wants to make sure that the right to appeal is
preserved. He has a question on 12-3-3(C) and requests existing and proposed to be pulled up. The
existing code today doesn't state if a majority is needed to call up a decision where the proposed code
does state the majority is needed. What do we do today?
Planner Roy states that a majority is needed today and that is not changing.
Rediker brings up the omission of the "aggrieved person" and why the Town is proposing to remove that
section.
Planner Roy states that it is a legally gray area and to make it clear and defensible the proposed
language omits that.
Town Attorney Matt Mire goes over some additional information and adds that one of the reasons for
changing the language is because the word "aggrieved" is antiquated.
Planning and Environmental Commission Minutes
Monday, January 23, 2023
1:00 PM
Vail Town Council Chambers
Staff Memorandum PEC22-0032_1-23-23.pdf
Attachment A. Draft Ordinance Amendment Title 12-3-3.pdf
1
Planning and Environmental Commission Meeting Minutes of January 23, 2023 157
Perez asks why we don't add a definition to that affect.
Mire states there is one today.
Rediker questions if it is that big of an issue that we need to change it?
Mire states it is harder to draw a line who does or does not have standing today.
Rediker brings up an example appeal and how that appeal was addressed. He questions why people are
bringing the appeals to certain projects.
Mire notes that some have been found to have been aggrieved but not all of those aggrieved had legal
standing.
Rediker questions the effect that this new code would have had on previous appeals.
Mire says we can open up adjacent to be a bit more inclusive, as the example case had at least 10
appeals that did not have legal standing.
Rediker, we want to not promote frivolous litigation, but the public should have the ability to appeal.
Mire, we can see that Vail is unique and perhaps we allow a few more people to have ability to appeal.
We can expand the definition of "aggrieved".
Rediker and Mire go back and forth on who can appeal or not. Mire notes staff is not proposing this as
the only option and that the language can change if the PEC so desires.
Perez sent a redlined version to staff and other commission members.
Discussion on who can appeal or not is continued.
Perez has a question on the "De Novo" portion of the language. A quote from the language on the
relevant section is read.
Mire says it was a combination of a couple sections in the existing ordinance of the code. The other
option is a record approach which is not seen as adequate. De Novo is the standard for communities. A
transcript and following only the transcript without hearing any more information is generally not done.
Perez understands that instead of interpreting it as de novo the proposed language now explicitly states
such.
Mire confirms.
Rediker brings up the aggrieved person again to see if anyone else has comments on it.
Mire reiterates that can be changed.
Pratt agrees that aggrieved is pretty overly broad and open-ended, but also wants it to be more open
than adjacent. Can we raise the bar but not shut out the people that have a legitimate conflict? Does
"materially affected" make it more narrow?
Perez suggests materially affected or aggrieved.
Discussion between the various terms that could be used ensues.
2
Planning and Environmental Commission Meeting Minutes of January 23, 2023 158
Mire can do more research on another way to do that.
Phillips agrees with staff and legal, that it needs to be narrowed down. He likes the adjacent property
owners. There is concern about how broad it is today and aggrieved seems arbitrary and archaic. It can
bring a lack of surety to projects and development with the amount of general public that can make
appeals. It can bring upon frivolous grievances and stall development progress.
Mire says that it goes back to the fact that there is a public process through the public hearings that take
place. This tries to separate public right to comment from legal standing to appeal a decision. Who from
the crowd that has opinions actually has legal standing.
Phillips thinks the existing language is old and needs changing.
Lipnick thinks the new language does a good job of tightening things up. Does the dates for appealing or
determining standing change?
Commissioner Jensen and Judge were online and were unable to hear due to technical issues with the
Zoom meeting. At this point they have joined the meeting with audio and video. Rediker recaps the
discussion to that point. Jensen states that they have missed the first 35 minutes of the meeting and
does not feel comfortable voting after missing the discussion.
Rediker states this will likely be tabled for changes and goes over the different points of the discussion
made previously. He recommends that they will review the video and they can comment on the next
meeting. Would like to move this forward and open up the floor to other portions of the language for
comments.
Mire summarizes what he heard to this point on aggrieved persons. Adjacent is too narrow but aggrieved
is too open. He refers to those who have legal standing and will try to narrow down to those who are
materially or adversely affected.
Phillips doesn't like aggrieved, but it could be "adversely affected" and adjacent property owners.
Rediker notes he is not there at this point and has concerns about the previous appeals heard in the
recent years such as Booth Heights. Members of the community should have the ability to appeal
decisions that affects the whole community. Not a fan of frivolous lawsuits, but doesn't want to be too
narrow either way.
Mire reminds that it is a legal process and who has property rights affected by decisions.
Rediker notes that committee will move on and brings up another section on findings. The existing code
has provisions that specific findings must be found by the board hearing the appeal. The new language
states "preponderance of evidence" that doesn't seem to be in the existing code. New code also only
states criteria and Town Code but not Master Plans. Should we have that included so we can bring those
into the decision making. Rediker comments that the committee shouldn't limit to Code, but look at
Master Plans, too.
Mire answers that it has always been done by a preponderance of evidence even if not stated. Will add
something for master plans that have been adopted.
Rediker clarifies that preponderance of evidence means that it is more likely than not that an application
is meeting the criteria. Wants to make sure that everyone else understood what that meant. Brings up
"conduct of hearing". What does it mean that town council can set standards by "administrative rule"?
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Mire states that this goes back to a recent appeal at Booth Heights where a resolution to set rules was
required because the public comment situation was confusing. If a judge were to look at a transcript of
the hearing of an appeal, he would have to ignore all the public comment as they have no standing. This
allows them to set rules around time of speaking and procedure of how to handle the appeal meeting.
Rediker confirms his understanding of what Mire stated. That this is only for appeals, and not for general
public comments as this commission has not set limits on public comment in the past.12-3-3E is quoted.
There is a change in explicit right to appeal that is dropped.
Mire comments that this is only a restating of the CO state law and we don't control that. Removing it
from our code does not preclude anyone from using that right. Those are state rights, not controlled by
our code.
Rediker reiterates that changing the language in our code does not take away the state statute of the
right of appeal.
Perez has questions on Section 3 procedure and the language on noticing that was removed. In this
community there are a lot of condos that may require some additional noticing. The existing language on
who must be noticed should be re-added, specifically the reference to notifying condominium
associations. She is concerned that individual residents do not receive noticing and this is not wise to
remove this specific language.
Staff notes that language can be added back in.
Perez questions appeals for sign regulations.
Staff notes that is in the purpose statement that it applies to Title 11.
Rediker asks about the timeline of the dates related to hearing an appeal.
Staff answers that it was simplified by going from 30 or 40 days with an option for continuance; is now
changing to 60 days with no continuance.
Pratt asks about not allowing the standing determined by the administrator to be appealed.
Mire answers that it is subject to legal appeal outside of the Town process, but not inside the Town.
Rediker clarifies that today the appellant can appeal the administrators determination of standing and it
will go to the relevant board or council for determination.
Mire says we can include that language to allow that as well. It is very rare we get an appeal on whether
standing was accurately determined.
Discussion takes place on when the PEC could hear an appeal and what that would look like.
Rediker would like to have it handled in the Town and that this section should be added to the new
language.
Jensen appreciates the detail of the discussion and looks forward to the next meeting with the feedback
given and the language that will come back to the Commission.
Judge concurs with Jensen. There was a general feeling that it was removing opportunity to appeal and
glad to see that is being discussed and revised moving forward.
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Mire states that we can take the comments and come back with some revised language. More than one
option may be presented next time, he recognizes that it is important for options and voices to be heard
but also legal rights to be identified.
Rediker reiterates that it doesn't need to be frivolous but needs to remain somewhat open.
Perez would like to see two redlined versions. One from current and one from proposed today.
Discussion around providing redlined versions ensues.
Pratt appreciated the summary of changes in table form. It was easy to understand from a non-legal
background perspective.
Public comment is opened, no one in the room, no hands raised on Zoom for public comment. Public
comment is closed.
No further discussion.
4.Approval of Minutes
4.1 PEC Results 1-9-23
5.Information Update
6.Adjournment
Karen Perez made a motion to Continue to the next regularly scheduled meeting.; Henry Pratt seconded
the motion Passed (7 - 0).
Bobby Lipnick made a motion to Approve (Phillips abstained due to absence at the last meeting);
Karen Perez seconded the motion Passed (6 - 0).
PEC Results 1-9-23.pdf
Karen Perez made a motion to Adjourn ; Henry Pratt seconded the motion Passed (7 - 0).
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