HomeMy WebLinkAbout2021 Vail Town Council MinutesTown Council Meeting Minutes of February 2, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, February 2, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Larry Stewart, Vail resident, encouraged council to begin condemnation process of the Vail
Resort’s Booth Heights parcel.
Doug Mele, Vail resident, expressed concerns to council about a smell coming into his residence
from the new fire pits located on International Bridge. He would like the fire pits relocated so
they're not so close to the residences.
Nina Kazazian, Vail resident, suggested a living wage be applied to large employers in town like
Vail Resorts.
Mike Browning, Vail resident, encouraging council to continue their efforts to protect bighorn
sheep habitat in East Vail.
Scott Hintz, Vail resident, requested council protect the Booth Heights property from development.
Jonathan Staufer, Vail resident, asked council for condemnation of the Booth Heights property.
Debbie Ford, Vail resident, stated Vail Resorts had betrayed the Council and the community. She
encouraged council to consider condemnation on the Booth Heights property.
Town Council Meeting Minutes of February 2, 2021 Page 2
Cindy Ryerson, Vail resident, read a letter she sent to Rob Katz, CEO of Vail Resorts, regarding
her concerns about the survival of the bighorn sheep herd and VR's code of ethics and business
conduct.
Lynn Gottlieb, Vail resident, stated the town should explore condemnation of Vail Resort’s Booth
Heights parcel.
Evan DeMuth, Vail resident, requested council to pursue condemnation of Vail Resort’s Booth
Heights property.
Blondie Vucich, Vail resident, suggested changes be made to the pre-development agreement
as proposed by Vail Homeowners Association.
Merv Lapin, Vail resident, suggested the town hire a lawyer to work on condemnation proceedings
of Vail Resort’s Booth Heights parcel.
Connie Nunley, Vail resident, supported condemnation of the Booth Heights property.
Lanie Lapin, Vail resident, asked the town to set an example for other communities that have a
Vail Resorts presence by taking condemnation action.
Susan Bird, Vail resident, supported condemnation action on Vail Resort’s Booth Heights parcel.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1. Resolution No. 5 Series of 2021, A Resolution Approving a Cost Sharing Agreement
Between the Town of Vail and the Vail Park and Recreation District (the "VRD") Action
Requested of Council: Approve, approve with amendments or deny Resolution No. 5,
Series of 2021
Background: The Vail Park and Recreation District is contracting for the replacement and upgrade
of the existing playing surface of all 18 greens on the Golf Course, including improved
subdrainage, substructure and new playing surface, over a period of 3 years.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 5, Series of
2021
Coggin made a motion to approve Resolution No. 5, Series of 2021; Mason seconded the motion
passed (7-0).
3.2. Resolution No. 7, Series of 2021 A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and the Colorado Department of Transportation
(“CDOT”) Regarding the Smart Transit Grant
Town Council Meeting Minutes of February 2, 2021 Page 3
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 7,
Series of 2021.
Background: The Town of Vail is in the process of replacing the current bus fleet Nextbus System,
with upgraded technology. This project relates to the hardware, and operating system and on-
going support for Smart Transit Technology needed to upgrade the Town bus fleet to support the
project. The Colorado Department of Transportation is supporting this project with Multi-model
Option Program Funds. The agreement outlines both parties’ responsibilities.
Staff Recommendation: Approve Resolution No. 7, Series of 2021
Coggin made a motion to approve Resolution No. 7, Series of 2021; Foley seconded the motion
passed (7-0).
4. Town Manager Report
Robson provided condolences to the families of the Eagle County residents who were lost to an
avalanche.
5. Action Items
5.1. Resolution No. 3, Series of 2021, A Resolution Approving a Pre- Development
Agreement Between the Town of Vail and Triumph Development West LLC.
Presenter(s): George Ruther, Housing Director; and Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 3,
Series of 2021.
Background: The purpose of this agenda item is to present a summary of the terms of a pre-
development agreement by and between the Town of Vail and Triumph Development West, LLC.
The terms of the agreement are intended as initial steps to facilitate the future development of
deed- restricted homes on Lot 3, Middle Creek Subdivision (the “Middle Creek Project”) and Lot
1, Timber Ridge Subdivision (the “Timber Ridge Project”). The agreement serves, in part, to
advance the strategic actions of the Vail Town Council’s Alternate Housing Sites Initiative.
Staff Recommendation: Approve Resolution No. 3, Series of 2021.
Chapin is noting the town is committed to a partnership with Vail Resorts and remains hopeful
that Vail Resorts will re-engage in discussions regarding Booth Heights.
Ruther presented an overview of the pre-development agreement with Triumph Development for
construction of housing on Lot 3 Middle Creek and Timber Ridge.
A summary of the terms of the pre-development agreement included:
The Town and Triumph Development would be co-applicants on the Middle Creek Project.
The Town would grant Triumph Development permission to proceed through the
development review process with the Timber Ridge Project.
Town Council Meeting Minutes of February 2, 2021 Page 4
The Town would pay up to $390,000 for the investment in the entitlement of the Middle
Creek Project and pay Triumph Development a project management fee not to exceed
$300,000. The Town would incur no cost for the entitlements of the Timber Ridge Project
and incur no development risk for either of the Projects.
The project management fee would be payable in installments upon the completion of key
project milestones.
The Town and Triumph Development would execute ground leases for the Projects
thereby allowing the Town to retain ownership of the land beneath the Projects.
The Town’s interest in the ground leases would be freely assignable by the Town at its
sole discretion.
The Town would have rights to master lease and sublease units within each of the
Projects.
A minimum of 144 beds would be provided as part of the Middle Creek Project and at least
200 homes of varying sizes would be developed as part of the Timber Ridge Project.
The Middle Creek Project would be available for occupancy by no later than November
2022, and no development of the Timber Ridge Project will begin prior to April 2023.
Triumph Development would forego any and all development opportunities on the Booth
Heights Parcel.
The Parties would actively pursue the adoption of a final development agreement for the
Timber Ridge Project by no later than May 1, 2021.
The Parties would agree to certain remedies and obligations in the event of a breach or
default to the terms of the agreement.
Ruther stated upon mutual execution of the pre-development agreement, the Parties would take
the steps necessary to draft and present final development agreements for the Middle Creek
Project and the Timber Ridge Project. It was anticipated a final development agreement for the
Middle Creek Project would be presented for council’s consideration at the March 5, 2021
meeting.
Public comment was called.
Merv Lapin asked questions related to applying strategic pressure on Vail Resorts, including
expiration of VR's master lease of units at Timber Ridge; were RETT funds used for this project
and what the bid process was.
Tom Vucich asked council to deny the pre-development agreement. He felt it was not ready to be
approved.
Larry Stewart expressed concern the council had taken condemnation of Booth Heights off the
table. He suggested removing paragraph 4 regarding a reference to Booth Heights in the pre-
development agreement.
Nina Kazazian also shared her concerns about the pre-development agreement. She too inquired
about the bid process.
Ruther explained a competitive bid process wasn't pursued based on the town's interest in
bringing Vail Resorts to the table.
Town Council Meeting Minutes of February 2, 2021 Page 5
Peter Feistmann asked why a council discussion about condemnation wasn't held in public
session.
Jonathan Stauffer reminded council Vail Resorts kicked their employees out of their housing at
Timber Ridge at the beginning of the pandemic. He also expressed concern by separating the
Booth Heights project and the Middle Creek Lot 3 project legally the citizens cannot speak to the
Booth Heights project anymore.
Thomas Birch asked questions concerning the sections 4a and 4b of the predevelopment
agreement stating the agreement was setting up Vail Resorts the opportunity to still continue to
build on their Booth Heights parcel.
Steve Virostek, Triumph Development owner, stated the company's intent was to be a good
partner with the town and community. He stated the Booth Heights plans would stay with the
company.
Public comment was closed.
Bruno thanked everyone for their comments and said the town was leaving the door open for Vail
Resorts to come back to the table for negotiations. She stated more public comment would be
allowed during drafting of development agreement.
Stockmar stated the pre-development agreement should be revised based on some of the public
comments heard this evening, including Section 4.
Langmaid would be more comfortable setting the pre-development agreement aside for two
weeks to address some of the community concerns and re-build community trust.
Coggin suggested issues raised this evening could be addressed in a development agreement
with additional public comment. He supported moving forward with approval of the resolution.
Mason would like to take two weeks for refinements.
Chapin preferred to move forward and spend more time in working out the development
agreement.
Foley was comfortable moving forward with the resolution so long as the development agreement
was tightened up to reflect input from this evening.
Coggin made a motion to approve Resolution No. 3, Series of 2021; Bruno seconded the motion
passed (6-1* Stockmar opposed).
5.2. Resolution No. 6, Series of 2021, a Resolution approving a scope of work, total
project budget, and project timeline for the design development/entitlement process for
residential development on Lot 3, Middle Creek and authorizing the execution of a
professional services agreement with Triumph Development West, LLC.
Presenter(s): George Ruther, Housing Director
Town Council Meeting Minutes of February 2, 2021 Page 6
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 6,
Series of 2021.
Background: The purpose of this agenda item is to present for approval, a scope work, total
project budget, and project timeline for the design development/entitlement process for deed-
restricted housing on Lot 3, Middle Creek. Residential development on Lot 3, Middle Creek is a
key component to advancing the Vail Town Council's Alternate Housing Sites Initiative.
Staff Recommendation: Approve Resolution No. 6, Series of 2021.
Ruther provided a quick review of Resolution No. 6, Series of 2021 with council explaining the
town would hire Triumph Development to provide project management services for the design
development and entitlement process for Lot 3, Middle Creek. The total project budget is
$690,000, which included a $300,000 project management fee and all soft costs necessary for
the preparation of the design development and entitlement documents as reimbursable expenses
not to exceed $390,000. Ruther noted the total project budget represented approximately 3.5%
of the estimated total development cost of the housing development.
A timeline for completion of the design development and entitlement process followed:
The residential development on Lot 3, Middle Creek shall be completed and available for
occupancy by no later than November 2022
A 14-month construction duration requires construction to begin by no later than
September 2021.
30 days - plan review and building permit issuance
100 days - fully prepare construction documents for building permit application submittal.
90 days (min.) - design review and entitlement process.
30 days (min.) - PEC/DRB application material submittal preparation.
Coggin made a motion to approve Resolution No. 6, Series of 2021; Bruno seconded the motion
passed (7-0).
5.3. Ordinance No. 2, Series 2021, an Ordinance concerning financing improvements to
the Public Works facility and authorizing the execution and delivery of a site lease, lease
purchase agreement and related documents, and declaring an emergency.
Presenter(s): Kathleen Halloran, Finance Director
Action Requested of Council: Approve Ordinance No. 2, Series 2021
Background: Please see attached memorandum. Purpose of emergency ordinance is to facilitate
a locked interest rate on the financing. Closing is scheduled for February 17,2021.
Staff Recommendation: Approve Ordinance No. 2, Series 2021
Halloran reviewed Ordinance No. 2, Series of 2021 with council noting on January 5, council
approved moving forward with selection of Truist Bank for the financing of the Public Works Shops
project. This ordinance authorized the execution of a site lease and lease purchase agreement
with the bank.
Town Council Meeting Minutes of February 2, 2021 Page 7
There was no public comment.
Council did not have any questions.
Foley made a motion to approve Ordinance No. 2, Series of 2021; Stockmar seconded the motion
passed (7-0).
5.4. Ordinance No. 3, Series of 2021, an Ordinance approving a certain parcel of land
owned by the Town of Vail as Designated Open Space pursuant to Section 13.11 of the Vail
Town Charter
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 3,
Series of 2021.
Background: The Town of Vail Open Space Board of Trustees has forwarded a unanimous
recommendation to the Vail Town Council for the designation of a 48.13 acre parcel located in
East Vail on the south side of Bighorn Rd., off Willow Way, as Designated Open Space.
Staff Recommendation: Approve Ordinance No. 3., Series of 2021.
Bertuglia quickly reviewed Ordinance No. 3, Series of 2021 with council stating Cara Beutel of
Houston, TX donated to the Town of Vail, a 48.13-acre parcel located in East Vail on the south
side of Bighorn Rd., off Willow Way. The donation was conditioned upon an adequate appraisal,
and the Town Council designating this parcel as Designated Open Space upon a
recommendation from the Open Space Board of Trustees. This parcel provided an abundance of
wildlife habitat including valuable riparian area, steep slopes, and healthy vegetation. It is home
to ungulate species, birds, and black bear. The area includes stream access and has been utilized
by the local neighborhood for light walking trails. The riparian areas offer opportunities for
enhancement, including erosion control and improved vegetation along the waterways. Staff will
investigate proper project areas in 2021.
There was no public comment.
Council had no questions.
Langmaid made a motion to approve Ordinance No. 3, Series of 2021; Stockmar seconded the
motion passed (7-0).
There being no further business to come before the council, Foley moved to adjourn the meeting;
Stockmar seconded the motion which passed (7-0) and the meeting adjourned at 7:50 p.m.
Respectfully Submitted,
Town Council Meeting Minutes of February 2, 2021 Page 8
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
Town Council Meeting Minutes of February 16, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, February 16, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Kevin Foley
Jen Mason
Brian Stockmar
Members absent: Travis Coggin
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Jonathan Staufer, Vail resident, expressed frustration about the Vail Resorts owned parcel Booth
Heights. Staufer encouraged council to not follow Vail Resorts lack of concern for Vail’s quality of
life but instead to remember the community and the council’s mission statement when considering
Middle Creek Lot 3 development agreement with Triumph Development.
Larry Stewart, Vail resident, expressed concern on council’s use of executive sessions. Stewart
encouraged the council to only use executive session only when necessary and have more
discussions in public. Additionally, He noted a topic discussed during today’s executive session
questioning why the council would negotiate a master lease agreement with Vail Resorts at
Timber Ridge.
Blondie Vucich, Vail resident, expressed concerns about council's use of executive sessions. She
too requested council have more discussions before the citizens and not behind closed doors.
Tom Vucich, Vail resident, asked for clarification on a comment made at the last council meeting
regarding the Open Lands Plan as it relates to use of condemnation.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
Town Council Meeting Minutes of February 16, 2021 Page 2
3.1. January 5, 2021 Town Council Meeting Minutes
Foley made a motion to approve the January 5, 2021 Town Council meeting minutes; Mason
seconded the motion passed (6-0).
3.2. January 19, 2021 Town Council Meeting Minutes
Foley made a motion to approve the January 19, 2021 Town Council meeting minutes; Mason
seconded the motion passed (5-0*Langmaid recused)
3.3. Vail Daily Professional Service Contract Award
Background: The Town of Vail 2021 operating budget provides for print and digital advertising in
publications produced by Colorado Mountain News Media across all departments. This budgeting
process provides the foundation to establish advertising rates for 2021 as described in a
partnership agreement with Colorado Mountain News Media. The agreement is for up to $90,000
to be spent across all departments which is over 50% off community rates. In accordance with
town policy, the Town Council must authorize the Town Manager or its designee to enter into
agreements above $50,000.
Staff Recommendation: Authorize the Town Manager to enter into the Professional Service
Agreement with Vail Daily in a form approved by the Town Attorney not to exceed $90,000.
Foley made a motion to authorize the Town Manager to enter into the professional service
agreement with the Vail Daily not to exceed $90,000.00; Mason seconded the motion passed (6-
0).
3.4. Vail 2021 Crack Seal Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
Superior Asphalt LC to complete the Vail 2021 Crack Seal project.
Background: Staff received 2 bids for the Vail 2021 Crack Seal project from Superior Asphalt and
A-1 Chipseal. The project is budgeted with the Capital Street Maintenance budget and is within
the engineer’s estimate. The project includes crack filling on all asphalt roads, recreation paths
and trailhead parking lots in the Town of Vail. The project is scheduled to be completed by June
11, 2020
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Superior Asphalt LC to complete the Vail 2021 Crack Seal
project in the amount not to exceed $155,000.00
Langmaid made a motion to authorize the Town Manager to enter into an agreement with Superior
Asphalt LC in an amount not to exceed $155,000.00; Foley seconded the motion passed (6-0).
3.5. Public Works Shop Construction Project Contract Award Hyder Construction
Town Council Meeting Minutes of February 16, 2021 Page 3
Background: The Public Works Shop expansion was approved within the 2021 budget process.
On January 5, 2021 the Town Council awarded a limited preconstruction package to Hyder
Construction. On February 2, 2021 the Town Council awarded the financing for the project. This
award is the total construction contract which includes the previously awarded preconstruction
work to Hyder Construction in the amount of $16,197,970.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Hyder Construction for the construction of the Public Works
Shop project in the amount of, and not to exceed, $16,197,970. Contingent on final closing of the
project financing, scheduled for February 17, 2021.
Langmaid made a motion to authorize the Town Manager to enter into an agreement with Hyder
Construction in an amount not to exceed $16,197,970; Stockmar seconded the motion passed
(6-0).
4. Town Manager Report
4.1. Update about Eagle County Public Health 5 Star Certification Program
Presenter(s): Scott Robson, Town Manager
Robson requested the council to rescind a 2-year extension of the Booth Heights development
application approved previously by Resolution 44, saying it would be a grant of special privilege
now that Vail Resorts was no longer negotiating with town. Robson also provided an update on
Eagle County's 5-Star program related to enhanced public health protocols that would allow
restaurants additional capacity. Stephanie Bibbens in the Town Clerk's Office would be Vail's
point of contact for inspections and follow up.
5. Public Hearings
5.1. An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of the final
decision of the Town of Vail Design Review Board on January 20, 2021 for the approval of
a early childhood education center, located at 330 South Frontage road West, Lot 1, Block
2, Vail Lionshead Filing No. 1, and setting forth details in regard thereto
Presenter(s): Jonathan Spence, Planning Manager and Tom Kassmel, Town Engineer
Action Requested of Council: Shall the Town Council uphold or overturn the DRB decision of
denial related to DRB20-0582 Children's Garden of Learning?
Background: On January 20, 2021, the application was heard before the DRB in a public hearing
format. After deliberations, following a discussion between the applicant and the members of the
DRB and after a request for public comment, the DRB voted 3-1-1, with Board Member Rediker
in opposition to the motion and Board member Austin recused, to deny the project.
Kassmel presented an overview of relocation of the Children’s Garden of Learning to council. The
facility would be temporarily relocated for 3-5 years until a permanent location was determined.
The new was a 4700sf modular built building that would be repurposed and relocated after the
Town Council Meeting Minutes of February 16, 2021 Page 4
school was permanently located. Kassmel reviewed the DRB design guidelines and compatibility
the facility had with existing structures, surroundings and environment.
There was no public comment.
Each council member expressed support for the project as presented.
Foley made a motion to overturn the January 20, 2021 Design Review Board decision to deny a
request for construction of a new early childhood education center, 330 South Frontage Road
West, Lot 1, block 2, Vail Lionshead Filing No. 1. The Vail Town Code was not properly applied
in regard to the January 20, 2021 Design Review Board decision to deny the application for new
early childhood education center, DRB20-0582. Furthermore, the Vail Town Council finds that the
proposed building design was compatible with existing structures, their surroundings, and with
Vail's environment, and was in compliance with Title 12, Zoning Regulations, and Title 14,
Development Standards, of the Vail Town Code, located at 330 South Frontage road West, Lot
1, block 2, Vail Lionshead Filing No. 1; Stockmar seconded the motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the meeting;
Stockmar seconded the motion which passed (6-0) and the meeting adjourned at 7:00 p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
Town Council Meeting Minutes of March 2, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 2, 2021
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 Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Zach Varon, Eagle County resident, announced a "15 days later" protest, scheduled for March
14 in Vail Village to call attention to national complex issues such as police misconduct; rent
relief; minimum wage increase.
Scott Hintz, Vail resident, expressed concern about the bighorn sheep herd in East Vail and
their survival. He asked the community to remember the environment when making decisions in
the town.
Pam Stenmark, Vail resident, asked for clarification concerning the land lease for Lot 3, Middle
Creek development agreement that was discussed during the afternoon meeting.
Ingrid Seade, Vail resident, expressed frustration over Vail Resorts and the Booth Heights
development approval.
Council members, Jen Mason and Jenn Bruno, announced this years Trailblazer recipients, Bill
and Sally Hanlon.
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 1 Series of 2021, One Book, One Valley 2021 Community Read
Sponsored by the Towns of Avon, Eagle Gypsum, Minturn, Red Cliff and Vail
Town Council Meeting Minutes of March 2, 2021 Page 2
Presenter(s): Dave Chapin, Mayor
Background: This year marks the 10th Anniversary of the One Book, One Valley event. One
Book, One Valley is a valley-wide community read that is sponsored by the Towns of Avon,
Eagle, Gypsum, Minturn, Red Cliff, Vail and the County of Eagle. This year's featured book is
the National Best Seller "Lab Girl"
Chapin read Proclamation No. 1, Series of 2021 into the record.
4. Consent Agenda
4.1. Resolution No. 9, Series of 2021, A Resolution of the Vail Town Council Repealing
Resolution No. 39, Series of 2020 and Resolution No. 44, Series of 2020, to Revoke the
Extensions of the Approved Development, Conditional Use Permit and Final Design for
the Booth Heights Project, and Providing a New Extension of such Approvals Through
November 20, 2023
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 9,
Series of 2021
Background: Appealing Resolution 39 and 44, to Revoke the Extensions of the Approved
Development Plan, Conditional Use Permit and Final Design for the Booth Heights Project, and
Providing a New Extension of Such Approvals Through November 20, 2023
Staff Recommendation: Approve Resolution No. 9, Series of 2021
Bruno made a motion to approve Resolution No. 9, Series of 2021; Foley seconded the motion
passed (7-0).
4.2. Resolution No. 11 Series 2021, A Resolution Approving an Intergovernmental
Agreement Between the Town of Vail and the Eagle River Water and Sanitation District
Regarding the Construction of a Water Main within the South Frontage Road and the
South Frontage Road Widening and the Roundabout Project
Action Requested of Council: Approve, approve with amendment or deny Resolution No. 11
Series 2021
Background: Resolution No. 11 Series 2021 authorizes the Town to enter into an
Intergovernmental Agreement with ERW SD to cost share improvements in the South Frontage
Road Roundabout Project to relocate ERW SD's water main.
Staff Recommendation: Approve Resolution No. 11 Series 2021
Coggin made a motion to approve Resolution No. 11, Series of 2021; Foley seconded the
motion passed (7-0).
4.3. Resolution No. 12, Series of 2021, A Resolution Approving a Lease Agreement with
the Vail Park and Recreation District for the Vail Gymnastics Center
Action Requested of Council: Approve, approve with amendments or deny Resolution
No. 12, Series of 2021
Town Council Meeting Minutes of March 2, 2021 Page 3
Background: The Town is the owner of certain real property and the improvements thereon
located at 545 North Frontage Road, Vail, Colorado and commonly known as the Town of Vail
Gymnastics Center. The Vail Recreation District uses the gymnastic center under existing lease
and use agreements which are expiring. The Town and the VRD wish to enter into new lease
and use agreements.
Staff Recommendation: Approve Resolution No. 12, Series of 2021
Foley made a motion to approve Resolution No. 9, Series of 2021; Coggin seconded the motion
passed (7-0).
4.4. United Companies Contract Award for the South Frontage Road Roundabout Project
Construction
Action Requested of Council: Award Contract to United Companies
Background: The South Frontage Road Roundabout Project will widen the South Frontage
Road to four lanes with sidewalks, medians, and a roundabout from Vail Health to the
Lionshead Parking Structure. The Town advertised the project for construction bids and
received three qualified bids.
Staff Recommendation: Award Contract to United Companies
Coggin made a motion to authorize the Town Manager to enter into an agreement with United
Companies in an amount not to exceed $5,125,000.; Mason seconded the motion passed (7-0).
4.5. SGM Construction Management Contract Award for South Frontage Road
Roundabout Project
Action Requested of Council: Approve Contract with SGM for construction management
services
Background: As a part of the South Frontage Road Roundabout Project, the Town of Vail
is required by CDOT to hire a third-party consultant engineer to represent CDOT and confirm
that the project is built per CDOT approved plans and specifications.
Staff Recommendation: Town Staff recommends that the Town Council authorize the Town
Manager to enter into a contract with SGM in an amount not to exceed $67,000 for
Construction Management Services, in a contract form approved by the Town Attorney.
Foley made a motion to authorize the Town Manager to enter into an agreement with SGM in an
amount not to exceed $67,000; Coggin seconded the motion passed (7-0).
4.6. 2021 Event Funding Agreements over $50,000.
Action Requested of Council: Authorize the Town Manager to enter into agreements with the
following event producers, on a form approved by the Town Attorney, to produce following
events; Vail Farmers Market and Art Show produced by the Meadow Drive Partnership for
$53,160, Vail America Days produced by Highline Sports and Entertainment for $53,160, Vail
Town Council Meeting Minutes of March 2, 2021 Page 4
Oktoberfest produced by Highline Sports and Entertainment for $53,160, GRFA Live Music and
Entertainment produced by the Vail Valley Foundation for $52,500, Vail Jazz Festival produced
by the Vail Jazz Foundation for $75,000, The Summer Mountain Games produced by the Vail
Valley Foundation for $98,000 and Bravo! Vail Music Festival produced by Bravo! Vail for
$207,855.
Background: Provide information on the 2021 CSE events that have been awarded more than
$50,000 and to request that Council authorize the Town Manager to enter into funding
agreements for those events.
Staff Recommendation: Authorize the Town Manager to enter into the event agreements with
the event producers, on a form approved by the Town Attorney, and not to exceed the contract
amounts outlined in staff's memorandum.
Coggin made a motion to authorize the Town Manager to enter into agreements with the
following event producers, on a form approved by the Town Attorney, to produce following
events; Vail Farmers Market and Art Show produced by the Meadow Drive Partnership for
$53,160, Vail America Days produced by Highline Sports and Entertainment for $53,160, Vail
Oktoberfest produced by Highline Sports and Entertainment for $53,160, GRFA Live Music and
Entertainment produced by the Vail Valley Foundation for $52,500, Vail Jazz Festival produced
by the Vail Jazz Foundation for $75,000, The Summer Mountain Games produced by the Vail
Valley Foundation for $98,000 and Bravo! Vail Music Festival produced by Bravo! Vail for
$207,855; Foley seconded the motion passed (7-0).
5. Town Manager Report
Robson provided an update on the COVID-19 vaccine distribution phases stating 19,000 shots
have been distributed throughout Eagle County and 84% of the 70+ residents are vaccinated.
The Five Star program has been kicked off and the town had received the first application. The
Five Star program would allow establishments to operate in “blue” of the COVID19 State Dial.
This would allow establishments to increase their dining capacity.
Robson announced a prescribed burn would occur in the Booth Heights area later this spring.
Big horn sheep were currently being collared by Colorado Division of Wildlife.
Additionally, Robson reported there would be an update from Vail Recreation District on
financial analysis related to possible use of Aria Spa space at a future council meeting.
6. Action Items
6.1. Resolution No. 10, Series of 2021, a Resolution Approving a Development Agreement
with Triumph Development West. LLC. for the Development of the Middle Creek Project.
Presenter(s): George Ruther, Housing Director
Action Requested of Council: Approve, approve with modifications, or deny Resolution No. 10,
Series of 2021 as presented.
Background: The purpose of this memorandum is to present Resolution No. 10, Series of 2021.
The Development Agreement is a continuation of, and in addition to, the Pre-Development
Agreement executed on February 10, 2021. The Development Agreement sets forth the terms
and conditions under which the Middle Creek Project will proceed.
Town Council Meeting Minutes of March 2, 2021 Page 5
Staff Recommendation: The town staff recommends the Vail Town Council approves Resolution
No. 10, Series of 2021
Ruther reviewed Resolution No. 3, Series of 2021 and the supporting documentation that was
provided to council in their agenda material. February 2, 2021, the Vail Town Council passed
Resolution No. 3, Series of 2021, approving a Pre-Development Agreement for the Middle
Creek Project (6-1 Stockmar opposed). At the direction of the Vail Town Council town staff has
prepared a Development Agreement for the Council’s consideration. Ruther provided council a
summary of the Development Agreement between the town and Triumph Development:
Town of Vail would record a deed restriction on the property limiting future development
to 100% deed restricted homes for resident occupancy.
The term of the agreement commences on the Effective Date, and terminates two years
following issuance of the final certificate of occupancy for the Project; provided the
Parties have not executed the Ground Lease on or before June 28, 2021, the agreement
automatically terminates without further action of the Parties. This term ensures an
adequate warranty period, etc.
As a co-applicant, the Town was responsible for 100% of the cost of the entitlement
process. As such, the Town would own 100% of the rights to all plans, documents and
materials produced.
Triumph shall construct all new improvements on the Property, including buildings,
structures, signage, streets, sidewalks, utilities and other improvements necessary for
the Project, including renewable energy options and multi-modal transportation options
(collectively the "Improvements"). The Parties would cooperate to establish the number
of units to be constructed and the appropriate unit types for the Project, provided that the
Project shall include a minimum of 144 beds.
Triumph Development was solely responsible for the financing and construction of the
Project. The Town assumes no financing obligations, construction cost, or development
risk.
Provided the parties complete the entitlement process by June 28, 2021, Triumph was
obligated to submit a complete application for a building permit for the Project on or
before September 1, 2021; commence construction of the Improvements on or before
September 30, 2021; and obtain a certificate of occupancy for the Improvements on or
before November 30, 2022.
If the parties fail to complete the entitlement process by June 28, 2021, Triumph was
obligated to submit a complete building permit application for the Project on or before
March 15, 2022; commence construction of the Improvements on or before April 15,
2022; and obtain a certificate of occupancy for the Improvements on or before August
31, 2023.
If Triumph fails to complete the Improvements as required by the Agreement, the Town
shall have the right, but not the obligation, to:
complete the improvements;
restore the Property to the condition it was prior to commencement of
construction of the Improvements; or
restore the Property to a condition that the Town deems safe while awaiting
completion of the Improvements by another party; and
to charge the costs thereof to Triumph.
Triumph acknowledges that it would not be entitled to any Employee Housing Unit credit
for the Project under Sections 12-23-7 and 12-24-7 of the Code, as the credit shall
remain with the Town.
Town Council Meeting Minutes of March 2, 2021 Page 6
On May 5, 2021, if the Parties have executed a development agreement for the Timber
Ridge Project, then Triumph shall permanently and irrevocably waive and abandon any
and all rights Triumph may have in the Booth Heights Project. Notwithstanding the
foregoing, based on representations made to the Town, it is the Town's understanding
that Triumph does not hold any development rights with respect to the Booth Heights
Project, which development rights, if any, would benefit the property on which the Booth
Heights Project is located and the owner thereof.
Triumph shall require the general contractor responsible for constructing the
Improvements to provide a performance bond to Triumph to guarantee the construction
of the Improvements, and the Town shall be named as an obligee under such bond. The
performance bond shall be equal to the full amount of the cost of construction of the
Improvements. Triumph shall provide a copy of such performance bond to the Town
prior to commencing construction.
Triumph hereby represents and warrants to the Town that all of the following are true
and correct as of the date of signature and the Effective Date: (in part) Triumph is the
sole owner of the approved plans for the Booth Heights Project (but not the development
rights for the Booth Heights Project)
Triumph shall be in breach and default of the agreement if, prior to May 5, 2021,
Triumph assigns, sells or otherwise transfers to any third party any right or interest it
may have in the applications or approved plans for the Booth Heights Project.
Council asked questions concerning land lease v. the sale of the property. Ruther stated the
presentation that was seen earlier in the afternoon was to demonstrate the options council had.
Ruther noted no direction was provided to staff.
Public comment was called.
Larry Stewart, Vail resident, asked council to not use the timeline presented when making a
decision on this contract. Stewart would like stronger language.
Jonathan Staufer, Vail resident, asked council to slow down and get the agreement right.
Lynn Gottlieb, Vail resident, expressed concerns about the agreement as drafted and stated
more time was needed for public review and changes.
Josef Staufer, Vail resident, urged council not to approve the development agreement as
drafted.
Blondie Vucich, Vail resident expressed concerns about the development agreement, including
excessive executive sessions. She felt the development agreement was flawed as drafted and
asked council not to ignore all the public comment they have received.
Tom Vucich, Vail resident, asked council to deny the development agreement as written. He
stated the agreement leaves the door open for development of the Vail Resorts owned parcel
known as Booth Heights.
Michael Browning, Eagle-Summit Wilderness Alliance, suggested using the Middle Creek
development agreement to leverage action by Vail Resorts.
Public comment was closed.
Town Council Meeting Minutes of March 2, 2021 Page 7
Mason asked questions concerning section 4n. of the development agreement. Mire and Ruther
explained state law requirements and the timeline.
Stockmar reminded his fellow council members that he voted against the predevelopment
agreement because he thought it was confusing and was poorly written. He felt the
development agreement presented tonight was rushed and requested more time to read the
agreement.
Bruno reminded council members and citizens the town was not the owners of the Booth
Heights parcel. This agreement was about 144 units on Lot 3 Middle Creek parcel.
Foley expressed concerns regarding sections 4l and 4n of the agreement and requested more
time to review the agreement.
Langmaid stated she felt council did have adequate time to review the agreement and
understand the legalities at hand. Langmaid noted there was no amount of word smithing that
could be done to resolve the concerns people are asking to be resolved.
Mason stated she felt pressured to vote and although she didn’t currently have questions, she
felt with more time she could.
Stockmar made a motion to table Resolution No. 10, Series of 2021 to the March 16, 2021
meeting; Foley seconded the motion was denied (2-5* Chapin, Langmaid, Bruno, Coggin and
Mason opposed)
Bruno made a motion to approve Resolution No. 3, Series of 2021; Langmaid seconded the
motion passed (5-2* Foley and Stockmar opposed).
6.2. Ordinance No. 4, Series of 2021, An Ordinance Amending Title 6 of the Vail Town
Code by the Addition of a New Chapter 4B Regarding the Sale of Dogs and Cats Born or
Raised in Inhumane Commercial Breeding Facilities
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4,
Series of 2021, upon first reading.
Background: The Community Development Department is proposing to update the Vail Town
Code to add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of
dogs and cats from puppy and kitten mills as it is an unwholesome business practice and not in
the best interest of the public welfare of the Town.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 4, Series of
2021 upon first reading.
Gennett reviewed Ordinance No. 4, Series of 2021 stating the ordinance would add a new
Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of dogs and cats from
puppy and kitten mills as it is an unwholesome business practice and not in the best interest of
the public welfare of the Town.
Town Council Meeting Minutes of March 16, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, March 16, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held with virtual access provided through Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 2, Series of 2021, In Recognition of Vail's Trailblazer Award
Recipients Sally and Bill Hanlon
Presenter(s): Dave Chapin, Mayor
Background: Sally and Bill Hanlon were chosen as the sixth recipient of the Vail Trailblazer
Award
Jen Mason and Jenn Bruno too turns reading Proclamation No. 2, Series of 2021 into the
record.
Bill and Sally Hanlon stated they were very appreciative to be this year’s recipients.
4. Appointments for Boards and Commissions
4.1. Design and Review Board (DRB) Appointments
Presenter(s): Dave Chapin
Town Council Meeting Minutes of March 16, 2021 Page 2
Action Requested of Council: Motion to appoint two members to service on the DRB for a two
year term ending March 31, 2023
Langmaid made a motion to appoint Kit Austin and Peter Cope to serve a two-year term on the
DRB ending March 31, 2023; Foley second the motion passed (7-0).
4.2. Planning and Environmental Commission (PEC) Appointments
Presenter(s): Dave Chapin
Action Requested of Council: Motion to appoint three members to serve on the PEC for a two
year term ending March 31, 2023
Langmaid made a motion to appoint Brian Gillette, Karen Perez and Reid Phillips to serve a
two-year term on the PEC ending March 31, 2023; Foley seconded the motion passed (7-0).
5. Consent Agenda
5.1. February 2, 2021 Town Council Meeting Minutes
Foley made a motion to approve the February 2, 2021 meeting minutes; Langmaid seconded
the motion passed (7-0).
5.2. February 16, 2021 Town Council Meeting Minutes
Foley made a motion to approve the February 16, 2021 meeting minutes; Mason seconded the
motion passed (7-0).
5.3. Resolution No.13, Series of 2021, A Resolution Approving an Amended Operating
Plan and Budget of the Vail Local Marketing District, for its Fiscal Year January 1, 2021
Through December 31, 2021
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 13,
Series of 2021.
Background: See memo
Staff Recommendation: Approve Resolution No. 13, Series of 2021.
Langmaid made a motion to approve Resolution No. 13, Series of 2021; Stockmar seconded
the motion passed (7-0).
5.4. Resolution No. 14 Series of 2021 an Amendment to the Vail Transportation Master
Plan’s Access Management Plan
Action Requested of Council: Approve, approve with modifications or deny Resolution No. 14,
Series of 2021
Background: The Town of Vail adopted the Vail Transportation Master Plan in 2009 which
included an Access Management Plan (AMP) for the South Frontage Road that was developed
Town Council Meeting Minutes of March 16, 2021 Page 3
by the Town and CDOT. The Vail South Frontage Roundabout Project requires the Town to
amend to the AMP to show the newly approved access points.
Staff Recommendation: Approve Resolution No. 14 Series of 2021
Mason made a motion to approve Resolution No. 14, Series of 2021; Langmaid seconded the
motion passed (7-0).
5.5. Resolution No. 15, Series of 2021, A Resolution Approving an Amendment to a Grant
Agreement Between the Town of Vail and the State of Colorado Department of
Transportation
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 15,
Series of 2021
Background: The Town of Vail and the Colorado Department of Transportation (“CDOT”)
entered in a grant agreement for Federal 5359(c) funds to purchase one replacement bus (40’
electric) dated February 21, 2019. The grant expires at the end of March and the Altoona
Testing Facility has not completed the testing on the Gillig BEB. Once the testing is finished it
can take up to 45 days to publish the report. It is for that reason the grant is being amended.
Staff Recommendation: Approve Resolution No. 15, Series of 2021.
Coggin made a motion to approve Resolution No. 15, Series of 2021; Mason seconded the
motion passed (7-0).
5.6. Public Works Shop Expansion Back Up Generator Award with Cummins Power.
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
Cummins Power.
Background: As part of the Public Works shop expansion project a new emergency backup
generator will need to be purchased and installed. We have received a quote from Cummins
Power to purchase a new 750KW generator as per pricing from Sourcewell cooperative
purchasing for the amount of $227,000.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney with Cummins Power in an amount not to exceed $227,000.
Coggin made a motion to authorize the Town Manager to enter into an agreement with
Cummins Power in an amount not to exceed $227,000; Foley seconded the motion passed (7-
0).
6. Town Manager Report
6.1. Verbal Update on Vail Ski Season Extension and Municipal Service
Robson provided an update on extension of ski season by one week and impact on municipal
services. Spring bus service would transition on April 12 as originally scheduled. Free parking in
the structures would begin April 12 as well. Robson stated the in-town bus would move back to
Town Council Meeting Minutes of March 16, 2021 Page 4
the Meadow Drive route beginning on April 19. Robson reminded council that the outdoor mask
mandate zone was implemented in November to mirror protocols on the mountain. He
suggested revisiting this topic at the next meeting as well as updates on state protocols.
Additionally, the town's Annual Community Meeting will take place virtually on March 30 at 2 pm
and 6 pm.
7. Presentations / Discussion
7.1. East Vail Trails Update
Presenter(s): Dwight Henninger, Chief of Police, Gregg Barrie, Senior Landscape Architect,
Kristen Bertuglia, Director of Environmental Sustainability
Action Requested of Council: Provide direction if the Booth Lake Trailhead parking area should
be closed for the Summer of 2021
Background: In December of 2019, Council reviewed alternatives from the Trailhead Working
Group to managing the East Vail trailheads and particularly the Booth Lake trailhead. At that
time education and information was encouraged. In the fall of 2020 after a COVID impacted
high trail use year Council asked staff to reengage with the USFS and to work on the problem of
overcrowding at the trailheads. On 2/2/2021 Staff was directed to identify the pros and cons of
closing the Booth Lake Trailhead for a trial period during the summer 2021 hiking season.
Henninger reviewed staff’s recommendations and the pros and cons of closing the Booth Lake
Trailhead parking lot for trial period during the summer hiking season of 2021.
Pros of closing Booth Lake Trailhead Parking included:
Reduce traffic on Booth Falls Road
Enhance pedestrian safety with less vehicles on road
Reduce parking and congestion issues for residents
Slower average speeds of vehicles are to be expected as it will be primarily only
residents and their guests using the roadway.
Cons of closing trailhead parking:
Reduced customer service perception by hikers
Frustrations by citizens that drive from their homes in Vail to the trailhead.
Dogs are not allowed on TOV buses (due to federal regulations), so they would not be
able to use this trail, unless utilizing available parking at Vail Mountain School.
Limited ability to communicate with hikers from out of town, who are primarily driven to
site by social media platforms.
Might cause an increase in (illegal) parking pressures in other areas of Town and on
Frontage Road.
Council members were comfortable moving forward with the summer pilot closure of the
trailhead parking at Booth Lake
7.2. 2020 Update to the Climate Action Plan for Eagle County, including an accelerated
timeline to achieve greenhouse gas emission reduction goals.
Town Council Meeting Minutes of March 16, 2021 Page 5
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director and Kim Schlaepfer,
Walking Mountains Science Center Climate Action Collaborative Project Manager Action
Requested of Council: Listen to the presentation and provide direction.
Background: The Climate Action Plan for the Eagle County Community was adopted in 2016 by
Eagle County and by Town of Vail in 2017 through Resolution Number 2, Series 2017. In 2017
the Climate Action Collaborative was established to engage local governments and other
community partners, and to provide structure and resources to achieve emission reduction
targets. The Climate Action Plan was updated in 2020 with an accelerated timeline to reduce
county-wide emissions, and to better align with local, state and federal policies, goals and
initiatives. This presentation will provide an update on the Climate Action Plan, current
priorities, and strategies for implementation through the Climate Action Collaborative.
Staff Recommendation: Supports adoption of the 2020 Climate Action Plan Update.
Schlaepfer, project manager, presented an update on the 2020 Energy Efficiency Program.
Climate Action goal had been updated to align with the State of Colorado to target a 50%
reduction of emissions by 2030. Priority actions included:
100% renewable energy supply for the electric sector by 2020;
2% increase each year of electric vehicles registered in Eagle County;
80% organics diverted by 2030; and
beneficial electrification of existing buildings by 5% per year.
Council inquired about the expense of high-speed charging stations. Schlaepfer shared there
were fast chargers at every exit in Eagle County.
7.3. Update on the 2020 Energy Efficiency Program
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director; Nikki Maline, Walking
Mountains Science Center Energy Programs Director; Melissa Kirr, Walking Mountains Science
Center Senior Director for Sustainability
Action Requested of Council: Listens to the presentation and provide feedback on the end of
year report.
Background: Town of Vail has partnered with EnergySmart Colorado through Walking
Mountains Science Center for the past four years to offer an energy efficiency program
accessible, available, and affordable to all residents and businesses of the Town of Vail. The
program includes free comprehensive home and business energy assessments and
administration of double rebates that leverage utility rebates and help homeowners and
businesses to reduce energy use by an average of 20% and save money. The EnergySmart
Colorado contract is in place for 2021 and work is currently underway. The 2021 program also
includes providing a limited number of free home assessments and double rebates to interested
Town of Vail employees.
Maline provide council an update on the 2020 Energy Efficiency Program. Town of Vail specific
incentives include:
Free home energy assessment
Up to $100 value in free quick fixes
Minimum $450 value to homeowner
Town Council Meeting Minutes of March 16, 2021 Page 6
Double rebates
Up to $1,000/year for homes
Up to $2000/year for business
There were 39 free home energy assessments conducted in Vail in 2020. There were 9
residential rebates and 10 commercial rebates.
Council thanked Maline for all the good information and the aggressive rebate program.
8. Action Items
8.1. Ordinance No. 5, Series of 2021, First Reading, Budget Supplemental No. 1, an
ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment
Fund, Debt Service Fund and Dispatch Services Fund of the 2021 Budget for the Town of
Vail.
Presenter(s): Carlie Smith, Financial Services Manager and Kathleen Halloran, Finance Director
Action Requested of Council: Approve, or approve with amendments Ordinance No. 5, Series
2021.
Background: Please see attached memorandum.
Staff Recommendation: Approve, or approve with amendments Ordinance No. 5, Series 2021.
Halloran provided a recap of year end results. Actual revenues decreased by just 7% in 2020.
No reserves were used for operations. Reserves increased $12.4 million town wide with total
available reserves of $90.3 million. The town received federal CARES Act funding of $2.8
million. Halloran reviewed the three major funds:
Revenue – increase due to lift tax (216k). All sales tax overage ($2.5M) wet to Capital
Projects Fund.
Expenditures - Savings in staffing: $533K ($800K town-wide); special events $504K;
carryover of relief funds $606K; all other operations $921K; carry over of planning
projects $372K;
Fund Balance – Budgeted to use reserves by $1.0M; Actual results: put $2.4M back into
reserves, which total $38.7M at end of 2020 compared with target $15.3M or 35% of
revenue.
Halloran reviewed staff’s personnel request explaining the request would keep the town
competitive with other resort communities:
Adjust 2021 merit from 3% to the 2020 Original Budgeted amount (up to 4% + 0.5%
market adjustments).
All employees would be eligible for this 2021 performance -based merit increase
For employees that did not receive merits in 2020, add back budget for a
performance-based merit up to 4%. Not retro-active
Council was supportive of the request and thought this was very important to stay competitive.
Smith finished reviewing Ordinance No. 5, Series of 2021 with council. The main purpose of this
supplemental was to re-appropriate funds for capital projects that were started in 2020 and are
continuing into 2021, or projects that did not begin as planned.
Town Council Meeting Minutes of March 16, 2021 Page 7
There are also adjustments needed to reflect events or decisions that have occurred since the
2021 budget was finalized. The 2021 supplemental budget request proposes to increase
expenditures by $24.7 million. This includes a $748,000 adjustment to the town's compensation
plan which would include up to a 4% merit increase originally planned for 2020.
General Fund expenditures: increase by $1,032,846. This included:
$15,000 personnel costs for the Transit Host Program (January – March)
$17,000 increase in water expenses based on rate increases by Eagle River Water and
Sanitation District.
$30,000 for new COVID-19 signage in the villages.
$75,000 for a spring “Work from Vail’ marketing campaign to incentivize mid-week travel.
This total cost includes $45,000 for a Feb 5th- April 9th digital marketing
campaign and
$25,000 for gift cards (1,000 X$25.00) with an additional $5,000 for the Vail
Valley Partnership to administer the gift card program.
$61,000 for enhancements to village warming and seating areas.
This includes $6,000 for dome decorations and maintenance;
$20,000 for propane and gas for fire pits to be used in the winter months;
$5,000 for Adirondack chairs for additional summer seating; and
$20,000 for added seasonal lighting in November and December.
$544,907 related to the compensation request above
$8,000 to be used towards tuition assistance for town of Vail employees at the Children’s
Garden of Learning (CGL) as part of the CGL Council Contribution lease agreement
$172,149 to continue the West Vail Master Plan.
$25,000 to support the SummerVail Art Workshop Legacy Program.
$12,000 contribution to the Vail Valley Partnership’s “Vail Valley Works’ program
$79,790 transfer to the Marketing Fund to reflect funding paid in 2020 for the
Powabunga event that was cancelled and extended to winter 2021.
$5,000 for additional Town of Vail masks to be distributed to guests at the Welcome
Center
Capital Projects Fund: Budgeted revenues would be adjusted by $2,826,299. Staff requested to
supplement 2021 expenditures by a total of $12.9 million:
$11.8 million represents projects budgeted in 2020 but not yet completed,
bus replacements ordered in 2020 but delivered in 2021,
a new parking management system,
the continuation of electric bus infrastructure, and
software upgrades to Seibert Fountain.
New requests/adjustments included the following:
$40,000 for a new police detective take-home vehicle.
$6,594 to replace police handheld devices with in-car computers utilized by patrol for the
electronic summons and penalty software.
$125,000 annual maintenance for data center equipment (Dell VXRail system).
$25,000 to reconfigure the Community Development cubicles to accommodate both
existing and incoming employees.
$8,000 decrease in the CGL council contribution budget for employee tuition assistance
to be paid from out of the General Fund.
Housing Fund: increased by $970,000.
$280,000 for the sale of a 1-bedroom unit at Altair Vail in East Vail.
Town Council Meeting Minutes of March 16, 2021 Page 8
$690,000 reflected a transfer from the Capital Projects Fund directly offset by
expenditures for the Middle Creek Developments Fees.
This included $300,000 management fee and $390,000 in design and planning
costs.
Staff requested supplement budgeted expenditures by $6,269,475 of which $5,299,475
represented re-appropriations of the town’s housing programs. This included:
A carryforward of $4,633,186 allocated to the INDEED program.
$34,612 to go towards future Town of Vail rental inventory
$382,513 carryforward balance in the Buy Down Housing program.
$249,164 from the sale of the Homestead Peak unit in 2020 to go toward buy-down
housing projects.
Real Estate Transfer Tax (RETT) Fund: would be adjusted by $343,649. $335,782 of this is for
grant and revenue reimbursements originally budgeted and awarded in prior years but were
delayed due to project timing. These revenues would be directly offset by re-appropriated
project expenditures. This included:
$300,000 from Eagle River Water and Sanitation District for the re-stabilization of Dowd
Junction retaining wall and bike path.
$37,544 donation from East West Partners to continue the design and planning of a Ford
Park art space.
Staff requested to supplement expenditures by a total of $4.8 million, of which $3.9 million
represented projects budgeted in 2020. New requests/adjustments included the following:
$15,000 for a new Environment Waste Reduction intern.
$13,000 for the annual five-week Vail Business Recycling Challenge.
$29,224 relating to compensation request above for employees in Parks, Environmental,
Wildland and AIPP departments.
$1,000 for Vail residents to participate in the Electronic Vehicle bulk purchase program
$650 for environmental annual memberships including ICLEI Local Governments for
Sustainability Membership dues ($600) and Recycling Colorado membership dues ($50)
$34,000 to partner with the Eagle Valley Wild (EVW) and Blue Productions on two
webcam environmental projects.
This includes placing a webcam at the international bridge to monitor fish,
aquatic birds along and a webcam on the East Vail bighorn sheep.
In addition, the town will also partner with Colorado Park and Wildlife to produce
a short documentary about the E. Vail Bighorn sheep. The town will be
responsible for all equipment and production.
$17,000 to go towards the new Eagle County e-bike ownership model program.
$15,130 to partner with Eagle County to expand the US Forest Service Front Ranger
program.
$15,000 to install an advanced oxidation commercial sanitation system in the Sun Bird
Park fountain to keep the water safe for kids playing the fountain.
$10,000 to the continue the turf grass reduction project. The turf grass reduction
program was piloted at the Buhffer Creek park in 2019.
$25,000 for the Lucid energy management software licensing
$20,000 to integrate the Love Vail website onto the town’s new website platform
$216,000 for a cost share with VRD for replacement of the Vail Golf Course greens as
approved by Council on March 2nd.
$29,224 (includes both salary and benefits) relating to compensation request above.
$99,902 increase in Forest Health salaries and benefits left out of the original 2021
budget in error as a result of more accurately reflecting personnel costs in the Real
Town Council Meeting Minutes of March 16, 2021 Page 9
Estate Transfer Tax Fund previously accounted for in the General Fund.
$337,706 increase in parks department salary and benefits left out of the original 2021
budget in error as a result of more accurately reflecting Public Works administrative and
streets department costs in the Real Estate Transfer Tax Fund previously accounted for
in full in the General Fund.
Marketing Fund: increased budgeted revenue by a $91,790 transfer from the General Fund to
be offset by corresponding expenditures. This included:
$12,000 for the Vail Valley Works program to be funded by the Education and
Enrichment category and
$79,780 to re-appropriate a 2020 Commission on Special Events contribution for
Powabunga to be used towards event expenditures for the re-scheduled event in winter
2021.
Heavy Equipment Fund: requested to re-appropriate $130,388 for a fleet service truck ordered
in 2020 but arriving in March. Staff also requested $24,155 (included both salary and benefits)
relating to compensation request above.
Dispatch Services Fund: requesting to re-appropriate $275,972 to continue to update county-
wide Computer Aided Dispatch management system. Staff also requested $50,164 (includes
both salary and benefits) relating to compensation request above.
Council thanked Halloran and Smith for the encouraging financial report.
There was no public comment.
Langmaid made a motion to approve Ordinance No. 5, Series of 2021 upon first reading;
Coggin seconded the motion passed (7-0).
8.2. Ordinance No. 6, Series of 2021, First Reading, An Ordinance Conveying a Certain
Parcel of Land to the Colorado Department ("CDOT") of Transportation
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6,
Series of 2021 upon first reading.
Background: The Town of Vail has approved the construction of the South Frontage Road
Roundabout Project which requires the Town to transfer a small parcel of Town property to
CDOT to accommodate the new roundabout within CDOT Right of Way.
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of
2021.
Kassmel reviewed Ordinance No. 6, Series of 2021 with council stating the town had budgeted
for and approved the construction of the South Frontage Road Roundabout Project this year
which included the widening of the South Frontage Road to 4 lanes with landscape medians,
sidewalks and a roundabout. In order to accommodate the roundabout with the CDOT Right of
Way, the town would need to transfer 643 square feet of town property to CDOT. This portion of
town property was located at the southwest corner of the Town Municipal property. Kassmel
explained the property to be transferred must be transferred by town ordinance.
Town Council Meeting Minutes of April 6, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, April 6, 2021
6:00 P.M.
Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the
meeting was held in Vail Town Council Chambers and with virtual access provided through
Zoom.
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Jen Mason
Members absent: Brian Stockmar
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Matt Morgan, Vail business owner, asked the council to end the outdoor mask mandate on April
19.
Mike Brumbaugh, Vail business owner, asked the council to end the outdoor mask mandate .
2. Any action as a result of executive session
There was none.
3. Proclamations
3.1. Proclamation No. 3 Series of 2021, Recognizing National Library Week 2021
“Welcome to Your Library”
Presenter(s): Lori Barnes, Town of Vail Library Director
Action Requested of Council: Approve Proclamation No. 3, Series 2021
Background: First sponsored in 1958, National Library Week is a national observance sponsored
by the American Library Association (ALA) and libraries across the country each April. It is a time
Town Council Meeting Minutes of April 6, 2021 Page 2
to celebrate the contributions of our nation's libraries and librarians and to promote library use
and support. All types of libraries (school, public, academic and special) participate.
http://www.ala.org/conferencesevents/node/6/
Chapin read Proclamation No. 3, Series of 2021 into the record.
3.2. Proclamation No. 4, Series 2021, Recognizing Emergency Services Dispatch (911)
as First Responders
Presenter(s): Marc Wentworth, Vail Public Safety Communications Center Director
Action Requested of Council: Approve Proclamation No. 4, Series 2021.
Background: Receiving 911 calls requires significant training and competencies such as
situational assessment skills and sound judgment, strong public and internal relations, teamwork,
and advanced multitasking skills. Telecommunicators have the sole responsibility for dispatching
police, fire and medical first responders and act as their communication partners during every call
for service.
Chapin read Proclamation No. 4, Series of 2021 into the record.
4. Consent Agenda
4.1. Resolution No. 16, Series of 2021, A Resolution Granting a Pedestrian Easement
Across Lot 10, Vail Village Second Filing to the Evergreen Lodge, HTC
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 16,
Series of 2021
Background: The Town of Vail is the owner of certain real property in the Town of Vail legally
described as Lot 10, Vail Village Second Filing. HCT Members, LLC (“HCT”) desires to obtain a
pedestrian access easement across the property, and the Town wishes to grant HCT a pedestrian
access easement across the property
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 16, Series
of 2021
Langmaid made a motion to approve Resolution No. 16, Series of 2021; Foley seconded the
motion passed (6-0).
4.2. Resolution No. 17, Series of 2021, a Resolution Approving a Contract to Buy and
Sell Residential Real Estate
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 17,
Series of 2021.
Background: The Town of Vail has the possibility to acquire real property
within the Town boundaries. The Town wishes to purchase the property for employee housing.
Town Council Meeting Minutes of April 6, 2021 Page 3
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 17, Series
of 2021
Coggin made a motion to approve Resolution No. 17, Series of 2021; Foley seconded the motion
passed (6-0).
4.3. Fire Engine Contract Award to Front Range Fire Apparatus
Action Requested of Council: Authorize the Town Manager to enter into an agreement with Front
Range Fire Apparatus
Background: The 2021 Capital Projects Fund allocated $880,000 for the purchase of a new fire
engine.
Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form
approved by the Town Attorney, with Front Range Fire Apparatus in an amount not to exceed
$816,540.00
Foley made a motion to authorize the Town Manager to enter into an agreement with Front Range
Apparatus in an amount not to exceed $816,540.00; Coggin seconded the motion passed (6-0).
4.4. Lionshead Parking Structure Structural Repair Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
Restruction Corporation in the amount not to exceed $632,848.00.
Background: The structural Engineering firm of J.R. Harris and associates did a structural
assessment of the Lionshead parking Structure in the fall of 2020 and produced a report of their
findings. Due to the very technical and dangerous nature of this work Restruction Corporation
was engaged to price and perform the work. There are only two firms in Colorado capable of this
type of work. Only Restruction Corporation was interested. This project will be paid for out of the
Parking Structure Capitol account.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with Restruction
Corporation in the amount not to exceed $632,848.00.
Coggin made a motion to authorize the Town Manager to enter into an agreement with Restruction
Corporation in an amount not to exceed $632,848.00; Mason seconded the motion passed (6-0).
4.5. Police Department Roof Top Air conditioning units Contract Award
Action Requested of Council: Authorize the Town Manager to enter into an agreement with
American Mechanical Services in the amount not to exceed $112,239.00.
Background: Town staff is working to replace all 8 of the Police Department roof top units two per
year. This will be the second year of replacement. This year we will replace the unit that provides
heat and cooling to the dispatch IT room and the unit that provides heat and cooling to the
detectives’ offices. The new units are high efficiency and will save both natural gas and electric.
Town Council Meeting Minutes of April 6, 2021 Page 4
Two bids were received for this work. The low bidder was American Mechanical Services. This
project will be paid for out of the Facility Capitol account.
Staff Recommendation: Authorize the Town Manager to enter into an agreement with American
Mechanical Services in the amount not to exceed $112,239.00.
Coggin made a motion to authorize the Town Manager to enter into an agreement with American
Mechanical Services in an amount not to exceed $112,239.00; Bruno seconded the motion
passed (6-0).
5. Presentations / Discussion
5.1. Eagle River Water and Sanitation District Water Supply Master Plan Presentation
Presenter(s): Linn Brooks, ERW SD General Manager; Jason Cowles,
ERW SD Director of Engineering and Water Resources; Diane Johnson, ERW SD
Communications and Public Affairs Manager
Action Requested of Council: Listen to presentation and ask questions.
Background: General Manager Linn Brooks will provide an overview of water issues in the valley
to set the stage for discussing the Water Resources Master Plan in the second presentation to
the Vail Town Council on April 20, 2021.
Brooks provided council the history of water in Eagle River Valley; the current pollical structure;
where our water comes from; how we use water and the important future issues. Brooks shared
new reservoir storage and conservation should be today’s focus. Developers must dedicate of
pay a fee for an adequate supply of water. Building codes efficiency requirements and reducing
water use for landscaping are areas communities across the nation should consider. Brooks
stated the second part of the presentation on April 20 would cover water supply master plan and
proposed programs and projects.
Council thanked Brooks and her team for their presentation noting they looked forward to hearing
part 2 of the presentation on the 20th.
6. Town Manager Report
6.1. Verbal Update: East Vail Control Burn Timber Ridge Housing Opportunities
Employees Retiring
Robson noted the retirement of long-term employee Hawkeye Flaherty and pending retirement of
Mike Rose. Robson reported on his meeting with the Eagle Air Alliance stating there would be
more air seats offered this summer out of Eagle then in the past. American Airlines would have
a direct flight to Chicago and Delt Air will have a daily route to Atlanta.
Mark Novak, Fire Chief, stated the fire burn project went very well and thanked the council for
their support of this project. There were no complaints of smoke.
Town Council Meeting Minutes of April 6, 2021 Page 5
7. Action Items
7.1. Ordinance No. 7, Series 2021 First Reading, An Ordinance Amending Chapter 2 of
Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the
Town
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7,
Series of 2021 upon first reading
Background: The Town Council desires to establish the criteria for entertainment districts and
common consumption areas, including application procedures, fees, and hours of operation for
common consumption areas in entertainment district.
Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon first reading
Nagel provided council with a quick view of Ordinance No. 7, Series of 2021 stating the ordinance
would amend Chapter 2 of Title 4 of the Vail Town Code to allow for the creation of Entertainment
Districts. Additionally, Nagel noted the ordinance delegated the Town Clerk’s office the authority
to oversee the creation and operation of common consumption areas which would allow for any
changes to a promotional association or the boundaries of a common consumption area to
happen quickly.
Bruno confirmed businesses without liquor licenses could become a part of the promotional
association but could not serve or sell alcohol. Nagel confirmed a non-liquor license business
could allow alcohol within in their business but could not sell or give away any liquor.
Coggin questioned the insurance and security requirements. Nagel explained those requirements
were state regulated.
Foley confirmed an entertainment district would require a lot of work from the liquor
establishments. Nagel stated it completely depended on the businesses to join together to create
an entertainment district. Nagel stated once Governor Polis lifted the COVID emergency orders
the Town would no longer be allowed to utilize the streets within the villages as a common
consumption area.
Public comment was called.
Rick Sackbauer, Vail resident, suggested community members contact the governor's office and
state legislators to ask to extend the state's current provisions via executive order.
Mark Gordon, Vail resident, suggested the town lobby the governor's office for an extension with
signatures from the VEAC, Town Council and other bodies.
Public comment was closed.
Town Council Meeting Minutes of April 6, 2021 Page 6
Foley made a motion to approve Ordinance No. 7, Series of 2021 upon first reading; Coggin
seconded the motion passed (6-0)
7.2. Ordinance No. 8, Series of 2021 First Reading, An Ordinance Amending Section 5-
1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts
Between the Hours of 2:00 P.M. and 8:00 P.M.
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8,
Series of 2021 upon first reading.
Background: Vail Town Council directed staff to recommend changes to the
Vail Town Code to support the goal of the Town to balance the desire to create entertainment
activations in Vail Village and Lionshead Village while being respectful of the combination of
commercial and residential neighborhoods.
Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon first reading.
Robson quickly reviewed Ordinance No. 8, Series of 2021 with the council. Robson stated the
ordinance was similar to other mountain resort communities. This would allow for continuation of
mid-day (2:00 pm – 8:00 pm) après music atmosphere that would not disturb businesses.
Council was supportive of the code change.
Mark Gordon, Vail resident, questioned the decibels from a summer concert in 2020. He would
hope the new range would not interfere with his business. He did not agree with concerts on the
streets in the villages.
Foley made a motion to approve Ordinance No. 8, Series of 2021 upon first reading; Coggin
seconded the motion passed (6-0).
8. Public Hearings
8.1. Ordinance No. 4, Series of 2021, Second reading, An Ordinance
Amending Title 6 of the Vail Town Code by the Addition of a New Chapter 4B Regarding
the Sale of Dogs and Cats Born or Raised in Inhumane Commercial Breeding Facilities
Presenter(s): Matt Gennett, Director of Community Development
Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 4,
Series of 2021, upon second reading.
Background: The Community Development Department is proposing to update the Vail Town
Code to add a new Article B to Chapter 4 of Title 6 of the Vail Town Code to outlaw the sale of
dogs and cats from puppy and kitten mills as it is an unwholesome business practice and not in
the best interest of the public welfare of the Town.
Town Council Meeting Minutes of April 6, 2021 Page 7
Staff Recommendation: Approve Ordinance No. 4, Series of 2021 upon second reading.
Gennett reviewed Ordinance No. 4, Series of 2021 with council stating this ordinance embraced
all animals used for breeding.
There was no public comment.
Coggin made a motion to approve Ordinance No. 4, Series of 2021 upon second reading; Mason
seconded the motion passed (6-0).
8.2. Ordinance No. 5, Series of 2021, Second Reading, Budget Supplemental No. 1, an
ordinance making budget adjustments to the Town of Vail General Fund, Capital Projects
Fund, Real Estate Transfer Tax Fund, Housing Fund, Marketing Fund, Heavy Equipment
Fund, Debt Service Fund and Dispatch Services Fund of the 2021 Budget for the Town of
Vail.
Presenter(s): Carlie Smith, Financial Services Manager and Kathleen Halloran, Finance Director
Action Requested of Council: Approve, or approve with amendments Ordinance No. 5, Series
2021.
Background: Please see attached memorandum.
Staff Recommendation: Approve or approve with amendments Ordinance No. 5, Series 2021.
Smith reviewed Ordinance No. 5, Series of 2021 with council and the changes outlined in their
staff memo.
There was no public comment.
Council had no questions.
Foley made a motion to approve Ordinance No. 5, Series of 2021 upon second reading; Mason
seconded the motion passed (6-0).
8.3. Ordinance No. 6, Series of 2021, Second Reading, An Ordinance Conveying a
Certain Parcel of Land to the Colorado Department ("CDOT") of Transportation
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 6,
Series of 2021 upon second reading
Background: The Town of Vail has approved the construction of the South Frontage Road
Roundabout Project which requires the Town to transfer a small parcel of Town property to CDOT
to accommodate the new roundabout within CDOT Right of Way
Town Council Meeting Minutes of April 6, 2021 Page 8
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 6, Series of
2021.
Kassmel reviewed Ordinance No. 6, Series of 2021 with council stating there were no changes
since the first reading.
There was no public comment
Council had no questions.
Coggin made a motion to approve Ordinance No. 6, Series of 2021 upon second reading; Foley
seconded the motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the meeting;
Coggin seconded the motion which passed (6-0) and the meeting adjourned at 8:00 p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk
Town Council Meeting Minutes of April 20, 2021 Page 1
Vail Town Council Meeting Minutes
Tuesday, April 20, 2021
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 Chapin.
Members present: Dave Chapin, Mayor
Kim Langmaid, Mayor Pro Tem
Jenn Bruno
Travis Coggin
Kevin Foley
Brian Stockmar
Members absent: Jen Mason
Staff members present: Scott Robson, Town Manager
Patty McKenny, Assistant Town Manager
Matt Mire, Town Attorney
Tammy Nagel, Town Clerk
1. Citizen Participation
Jeff Babb, Vail Resorts Senior Director of Mountain Operations, presented the coveted Gold Ski
Award for 2019-2020 to Police Chief Dwight Henninger for his outstanding partnership with Vail
Mountain.
2. Any action as a result of executive session
There was none.
3. Consent Agenda
3.1. March 2, 2021 Town Council Meeting Minutes
Langmaid made a motion to approve the March 2, 2021 Town Council meeting minutes; Bruno
seconded the motion passed (6-0).
3.2. March 16, 2021 Town Council Meeting Minutes
Langmaid made a motion to approve the March 16, 2021 Town Council meeting minutes;
Coggin seconded the motion passed (6-0).
3.3. Resolution 18, 2021 A Resolution Approving a 5311 Formula Operating Grant
Contract with the Colorado Department of Transportation
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 18,
Series of 2021
Town Council Meeting Minutes of April 20, 2021 Page 2
Background: The Town of Vail and the Colorado Department of Transportation wish to enter into
an agreement with the purpose of providing capital, planning and operating assistance to
support public transportation.
Staff Recommendation: Staff recommends approve Resolution No. 18, Series of 2021.
Langmaid made a motion to approve Resolution No. 18, Series of 2021; Coggin seconded the
motion passed (6-0).
4. Town Manager Report
Robson reported to council on a positive conversation some key staff had with Colorado
Department of Liquor Enforcement regarding common consumption areas within the town
villages. Robson congratulated the environmental team for their hard work on the Sustainable
Destination recertification for the Town of Vail. He also noted in town buss services had stared
back up.
5. Action Items
5.1. Parking and Transportation Task Force Recommended Summer 2021 Parking
Program
Presenter(s): Greg Hall, Director of Public Works and Transportation
Action Requested of Council: Provide direction to the staff regarding the recommended summer
2021 Parking plan that would include directing staff to continue the paid overnight fee structure
put in place during the summers of 2018 and 2019 and set the overnight fee associated with the
program.
Background: The purpose of this item is to provide Town Council the Parking & Transportation
Task Force (PATTF) recommendation for Summer 2021 Parking Program, as follows:
Request Town Council approve the Summer 2021 Parking Program
The Vail Parking & Transportation Task Force met on April 2, 2021 to review, discuss
and make recommendations for the summer 2021 parking program.
The Vail Parking & Transportation Task Force makes the following recommendations:
Increase the $25 fee to $35 and provide the overnight parking program in the Vail Village
and Lionshead parking structures similar to the program in summer of 2019
Promote the benefits and availability of the Red Sandstone Garage of 72-hour free
parking
Oversized parking at West Vail area will require display of a permit and will be allowed
East of the West Vail Mall Bus shelter to the Charter Bus parking Area. This overnight
parking will be free with the permit.
Staff Recommendation: Staff recommends the Town Council approve the Parking and
Transportation Task Force recommendations for the summer 2021 Parking Program.
Town Council Meeting Minutes of April 20, 2021 Page 3
Hall presented the Parking and Transportation Task Force’s recommendations for the 2021
Summer Parking Program. Hall stated the task force met on April 2nd to discuss the upcoming
summer and to look back at the past summer. Last summer overnight parking fees were
suspended and records showed an increase in overnight parking by 25% before 6:00 am. The
task force recommended:
Increase the $25 fee to $35 and provide the overnight parking program in the Vail Village
and Lionshead parking structures similar to the program in summer of 2019
Promote the benefits and availability of the Red Sandstone Garage of 72-hour free
parking
Oversized parking at West Vail area would require display of a permit and would be
allowed East of the West Vail Mall Bus shelter to the Charter Bus parking Area. This
overnight parking would be free with the permit.
Council inquired about parking availability in the Lionshead parking structure now the new Vail
Valley Hospital parking garage was finished and if parking larger vehicles at Donovan Pavilion
was considered. Hall responded some hospital staff was still utilizing the structure. Donovan
Pavilion was considered for overnight parking but due to events the task force did not
recommend using that lot for this type of use.
Coggin made a motion to approve the recommendations by the Parking and Transportation
Task Force for the summer 2021 Parking Program and increase the overnight parking to $35;
Langmaid seconded the motion passed (6-0).
5.2. Ford Park Summer Managed Parking Program 2021
Presenter(s): Greg Hall Director of Public Works and Transportation
Action Requested of Council: Input and approval requested.
Staff Recommendation: 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 Vail Nature Center). The proposed managed parking
program calendar is attached.
Hall stated due to COVID19 the managed parking program was suspended. Staff was
recommending the summer activities and events calendar be approved.
Council had no questions and was comfortable with staff moving forward with the calendar.
5.3. Children's Garden of Learning Relocation Project Construction Contract
Negotiations
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Town Council directs the Town Manager to negotiate with MW
Golden to come to an agreed upon contract price to complete construction of the project.
Background: In January the Town Council awarded the Children’s Garden of Learning (CGL)
Project’s modular building construction contract to Palomar Modular Buildings. The Town has
Town Council Meeting Minutes of April 20, 2021 Page 4
since advertised the General Contractor (GC) portion of the CGL Project which includes the site
work and architectural elements of the project. Despite numerous bid extensions and reaching
out to several local GC’s, the Town received no bids, however there is one interested GC.
Staff Recommendation: Staff recommends that the Town Council directs the Town Manager to
negotiate with MW Golden to come to an agreed upon contract price to complete the work and
to return on May 4 to award a contract.
Kassmel provided council with a brief history on the Children’s Garden of Learning project. On
January 19, 2021, the council awarded the Children’s Garden of Learning (CGL) Project’s
modular building construction contract to Palomar Modular Buildings. The town advertised the
General Contractor (GC) portion of the CGL Project on February 17, 2021. The GC portion of
the work includes the site work, excavation, utility, building foundation, and architectural
elements of the project. Despite numerous bid extensions and reaching out to several local
GC’s, the town received no bids as of the final Bid Date of April 15. In an effort to keep the
project moving forward, staff recommended that the town work with MW Golden to retain the
necessary subcontractors and to negotiate an agreed upon contract price.
Council was comfortable with the Town Manager continue to negotiate with MW Golden.
5.4. Resolution No. 19, Series of 2021, a Resolution to Adopt the Updated Goals of the
Climate Action Plan for the Eagle County Community
Presenter(s): Kristen Bertuglia, Environmental Sustainability Director
Action Requested of Council: Approve, approve with amendments or deny Resolution No. 19,
Series of 2021
Background: In 2016 over thirty (30) diverse stakeholders from the Eagle County community
participated in a nine (9) month-long process to develop the Climate Action Plan (CAP)and
associated goals of reducing greenhouse gas (GHG) emissions by 25% by 2025 and 80% by
2050 in accordance with the recommendations of the Intergovernmental Panel on Climate
Change (IPCC). In January 2017, the Vail Town Council passed Resolution No. 2, Series of
2017 supporting the goals established in the CAP. In 2020, the CAP was updated to include an
interim milestone goal of 50% reduction of GHG emissions by 2030. The Vail Town Council is
being asked to approve Resolution No. 19, Series of 2021, in support of the updated CAP and
goals established within.
Staff Recommendation: Approve, approve with amendments or deny Resolution No. 19, Series
of 2021
Bertuglia reviewed Resolution No. 19, Series of 2021 with council which adopted the updated
goals of the Climate Action Plan that were presented a few weeks prior to council for their
consideration.
Council had no questions.
Langmaid made a motion to approve Resolution No. 19, Series of 2021; Stockmar seconded
the motion passed (6-0).
Town Council Meeting Minutes of April 20, 2021 Page 5
5.5. Ordinance No. 9, Series of 2021 Emergency Ordinance Repealing Emergency
Ordinance No. 19 Series of 2020 Outdoor Mask Mandate
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 9,
Series of 2021
Background: On November 17, 2020, the Town Council adopted Ordinance No. 19, Series
2020, which required face coverings in the Town of Vail in certain circumstances, due to the
COVID pandemic and the Town Council now wishes to repeal Ordinance No. 19, Series 2020,
effective immediately
Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 9, Series of
2021
Robson reviewed Ordinance No. 9, Series of 2021 with council. Robson noted the outdoor mask
mandate took effect in November to parallel the public health protocols on Vail Mountain.
Ordinance No. 9, Series of 2021 would lift the requirement of wearing face covering outside, but
a mask or face covering requirement would remain in place on the buses due to the federal
mandate.
Council was in support of the ordinance but reminded everyone to social distance was possible.
Doug Smith, Vail resident, requested council keep the mask mandate for 30 more additional
days to allow more residents to get vaccinated.
Mike Brumbaugh, Vail business owner, expressed support for eliminating the outdoor mask
zone, noting the science doesn't support it. He stated the county was close to meeting its 60%
vaccination goal.
Bruno made a motion to approve Ordinance No. 9, Series of 2021; Coggin seconded the motion
passed (6-0).
6. Public Hearings
6.1. Ordinance No. 7, Series 2021 Second Reading, An Ordinance Amending Chapter 2
of Title 4 of the Val Town Code to Authorize the Creation of Entertainment Districts in the
Town
Presenter(s): Tammy Nagel, Town Clerk
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 7,
Series of 2021 upon first reading
Background: The Town Council desires to establish the criteria for entertainment districts and
common consumption areas, including application procedures, fees, and hours of operation for
common consumption areas in entertainment district.
Staff Recommendation: Approve Ordinance No. 7, Series of 2021 upon second reading
Town Council Meeting Minutes of April 20, 2021 Page 6
Nagel reviewed Ordinance No. 7, Series of 2021 with council stating there were no changes
since first reading.
There was no public comment
Council had no questions.
Coggin made a motion to approve Ordinance No. 7, Series of 2021; Stockmar seconded the
motion passed (6-0).
6.2. Ordinance No. 8, Series of 2021 Second Reading, An Ordinance Amending Section
5-1-7(D) of the Vail Town Code Concerning Noise Regulations in Certain Zone Districts
Between the Hours of 2:00 P.M. and 8:00 P.M.
Presenter(s): Scott Robson, Town Manager
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 8,
Series of 2021 upon Second reading.
Background: Vail Town Council directed staff to recommend changes to the Vail Town Code to
support the goal of the Town to balance the desire to create entertainment activations in Vail
Village and Lionshead Village while being respectful of the combination of commercial and
residential neighborhoods.
Staff Recommendation: Approve Ordinance No. 8, Series of 2021 upon Second reading.
Robson reviewed Ordinance No. 8, Series of 2021 with council stating there were no changes
since first reading.
There was no public comment.
Council had no questions.
Coggin made a motion to approve Ordinance No. 8, Series of 2021; Stockmar seconded the
motion passed (6-0).
There being no further business to come before the council, Foley moved to adjourn the
meeting; Coggin seconded the motion which passed (6-0) and the meeting adjourned at 7:46
p.m.
Respectfully Submitted,
Attest: __________________________________
Dave Chapin, Mayor
___________________________________
Tammy Nagel, Town Clerk