HomeMy WebLinkAbout2018-01-06 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, January 16, 2018
TOM Of UAJt
Notes:
Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will
consider an item.
Public comment will be taken on each agenda item.
Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town
services, policies or other matters of community concern, and any items that are not on the agenda. Please
attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the
meeting and to allow equal opportunity for everyone wishing to speak.
1. Citizen Participation
2. Consent Agenda
2.1. Resolution No. 6, Series of 2018, A Resolution Appointing a Board of
Directors to the Chamonix Vail Owners Association; and Setting Forth
Details in Regard Thereto
2.2. Resolution No. 7, Series of 2018, A Resolution Approving a Lease
Agreement Between the Town of Vail and the Colorado Snowsports
Museum and Hall of Fame; and Setting Forth Details in Regard Thereto
3. Town Manager Report
3.1. Town Manager Report
4. Action Items
4.1. Agreement and Memo of Understanding between Town of Vail, Colorado
and Yamanouchi-urachi Japan
Presenter(s): Patty McKenny, Town Clerk, Souichi Nakamura, Interpacfic
Network Corporation
Action Requested of Council: Consideration of the agreements and formal
action.
Background: Mayor Yoshitaka Takefushi and Governor Shuichi Abe have
invited Town of Vail officials to Yamanouchi-machi and Nagano Prefecture
Japan, for an exploration visit this month (January 20-26, 2018). This visit
is a follow up to the Japan delegation's visit last August. Vail and Japan
officials continue to evaluate an exchange program between the
two mountain resort communities. The proposed agreements help to outline
exchange programming possibilities related to tourism, environmental
5 min.
15 min.
January 16, 2018 - Page 1 of 53
sustainability, and other topics of mutual interest.
4.2. Ordinance 1, Series 2018 amending Section 7-4-4 of the Vail Town Code 20 min
to prohibit operation of Electronic Personal Assistive Mobility Devices on
Bike and Pedestrian Paths and in Vail Village and Lionshead Village
Presenter(s): Gregg Barrie, Town of Vail Senior Landscape Architect
Action Requested of Council: Continue the discussion on the use of
EPAMDs in Vail and provide direction to staff
Background: See Staff Memorandum
Staff Recommendation: Vail provides visitors and guests with a variety of
recreational opportunities. It is important that those opportunities occur in
an environment that is safe for all. Staff would suggest that there may be
ways to address the Council's concerns in regards to the use of EPAMDs
on Vail's recreation trails and in pedestrian areas without a complete ban.
The staff recommendation is to set guidelines for EPAMD use that aim to
address Council concerns. Staff then recommends revisiting this issue in
mid -summer to ensure those guidelines are successful and are being
followed. Similar to the electric assisted bicycle discussion, this can be
revisited annually if needed. If, however, the Council determines that more
restrictive regulations are in order at this time, staff has prepared a draft
ordinance for approval or approval with modifications as directed. The draft
is included as Attachment A.
4.3. Resolution No. 5, Series of 2018, A Resolution of the Vail Town Council 10 min.
Approving an Amendment to the Development Agreement for Solar Vail.
Presenter(s): George Ruther, Director of Community Development
Action Requested of Council: Approve, Approve with Modifications or Deny
Resolution No. 5, Series of 2018
Background: On October 25, 2017 the Vail Town Council approved
Resolution No. 35, Series of 2017, a resolution approving a development
agreement between the Town of Vail, the Vail Local Housing Authority and
Sonnenalp Properties, Inc (the "Parties"). Due to proposed changes to the
method of construction of the new apartment building, the Parties mutually
agree to amend the development agreement. The amendments adjust the
completion dates of various obligations of the Parties but do not change the
overall scope of improvements or responsibilities of the Parties.
Staff Recommendation: The Community Development Department
recommends the Vail Town Council approves Resolution No. 5, Series of
2018, as read.
5. Adjournment
5.1. Adjournment at 7:10 p.m.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available
for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media
website the week following meeting day, www.highfivemedia.org.
Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with
48 hour notification dial 711.
January 16, 2018 - Page 2 of 53
TOWN Of9
VAIL TOWN COUNCILAGENDA MEMO
ITEM/TOPIC: Resolution No. 6, Series of 2018, A Resolution Appointing a Board of Directors
to the Chamonix Vail Owners Association; and Setting Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 6, Series of 2018
January 16, 2018 - Page 3 of 53
RESOLUTION NO. 6
Series of 2018
A RESOLUTION APPOINTING A BOARD OF DIRECTORS TO THE CHAMONIX VAIL
OWNERS ASSOCIATION; AND SETTING FORTH DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of
Colorado is a home rule municipal corporation duly organized and existing under the laws
of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town is currently developing a deed restricted housing
development consisting of 32 for sale townhomes, called the Chamonix Vail Community;
WHEREAS, pursuant to the Declaration of Covenants, Conditions and Restrictions
for the Chamonix Vail Community recorded on or about December 19, 2017 (the
"Declaration"), the Town is the Declarant; and
WHEREAS, pursuant to the Declaration the Declarant must establish an owner's
association pursuant to Colorado law and appoint a board of directors to govern the
association during the period of Declarant Control.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
1. The Council acting as the Declarant for the Chamonix Vail Community
hereby appoints Greg Clifton, Lynne Campbell, and Kathleen Halloran as the
Board of Directors of the CHAMONIX VAIL OWNERS ASSOCIATION, INC., a
Colorado nonprofit corporation.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town
Council of the Town of Vail held this 16th day of January 2018.
Dave Chapin,
Mayor of the Town of Vail, Colorado
ATTEST:
Patty McKenny,
Town Clerk
Resolution No. 6, Series of 2018
January 16, 2018 - Page 4 of 53
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 7, Series of 2018, A Resolution Approving a Lease Agreement
Between the Town of Vail and the Colorado Snowsports Museum and Hall of Fame; and Setting
Forth Details in Regard Thereto
ATTACHMENTS:
Description
Resolution No. 7 Series of 2018
January 16, 2018 - Page 5 of 53
RESOLUTION NO. 7
Series of 2018
A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND
THE COLORADO SNOWSPORTS MUSEUM AND HALL OF FAME; AND SETTING FORTH
DETAILS IN REGARD THERETO
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado,
United States of America, is a home rule municipal corporation duly organized and existing under
the laws of the State of Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been
duly elected and qualified;
WHEREAS, the Town owns property commonly referred to as the Vail Village Transit
Center;
WHEREAS, The Colorado Snowsports Museum and Hall of Fame (the "Museum") has
rented space within the Transit Center from the Town since 1989 and is currently completing
major capital improvements and upgrades to the leased premises; ; and
WHEREAS, the Town and the Museum desire to enter into a new Lease Agreement (the
"Lease") outlining the obligations of both parties.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
Section 1. The Council hereby approves the Lease in substantially the same form
attached hereto as Exhibit A and in a form approved by the Town Attorney.
Section 2. This Resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Vail held this 16th day of January, 2018.
Dave Chapin
Town Mayor
ATTEST:
Patty McKenny,
Town Clerk
Resolution No. 7, 2018
January 16, 2018 - Page 6 of 53
GROUND LEASE
This GROUND LEASE is made between the Town of Vail, a Colorado municipal
corporation (the "Town") and The Colorado Snowsports Museum and Hall of Fame, a Colorado
nonprofit organization ("Lessee").
ARTICLE 1 — LEASED PREMISE
A. Lease. In consideration of the rents, covenants and agreements herein
contained, the Town demises and leases to Lessee, and Lessee rents from the Town, the
property commonly referred to as 231 S. Frontage Road E, Vail, Colorado, as more particularly
described in Exhibit A, attached hereto and incorporated herein by this reference (the
"Premise").
B. Suitability. As of the date of execution of this Lease, Lessee has inspected the
physical condition of the Premise and receives the Premise in "as is" condition. The Town
makes no representations or warranties with respect to the condition of the Premise or its
fitness or availability for any particular use, and the Town shall not be liable to Lessee for any
latent or patent defect on the Premise.
C. Termination of Prior Lease. The Lease between the Town and Lessee dated
May 20, 2014, is hereby terminated and replaced with this Lease.
ARTICLE 2 — TERM AND RENT
A. Term. This Lease shall commence on September 1, 2017, and shall terminate
on August 31, 2027. Lessee shall have the option to extend the term of this Lease for an
additional 15 year term, terminating on August 31, 2042. Lessee shall exercise this option by
providing the Town notice if its intent to renew no later than 180 days prior to August 31, 2027.
B. Rent. Annual rent is currently waived at the Town Manager's discretion, and
Lessee also currently receives one silver parking pass, two blue parking passes, and access to
a shared storage area. The current rent waiver, parking pass allocation and storage area use
will be reviewed annually by the Town. Rent may be imposed at the Town Manager's discretion
at any time. In addition, any parking pass allocation and storage area use may be modified or
revoked at any time at the discretion of the Town Manager. The 2017 value of the rent waiver is
One Hundred Thousand Twenty-five Dollars ($125,000) and shall be increased each year of this
Lease by two percent (2%).
ARTICLE 3 — USE OF PREMISE AND MAINTENANCE
A. General Use. Lessee shall use and occupy the Premise for the operation of a
museum, which may also include the sale of incidental related merchandise, so long as such
use conforms with regulations of all authorities affecting the Premise, and Lessee will not do, or
permit to be done, anything which is contrary to any legal or insurable requirement or which
constitutes a nuisance. Lessee may erect signage consistent with its use of the Premise, if
such signage has received all necessary approvals pursuant to the Town's sign code and is
maintained in good repair. Lessee shall comply with all statutes, ordinances and requirements
of all municipal, state and federal authorities now in force, or which may hereafter be in force,
pertaining to the Premise. The Town specifically acknowledges and agrees that the current
use of Premise complies with all Town regulations affecting the Premise.
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January 16, 2018 - Page 7 of 53
B. General Maintenance. Leasee shall be responsible for all maintenance of the Leased
and Licensed Premises, including without limitation the following:
a. Interior Maintenance.
i. Ensuring all lights and doors are operating properly and repairing the
same in a prompt manner, including replacing all light bulbs.
ii. Replacing batteries in all smoke, fire and CO detectors, as needed, but at
a minimum on a yearly basis.
iii. Painting or staining the interior elements of the building as needed, and
ensuring that any scratches or dents in the paint or walls are properly repaired.
iv. Repairing and maintaining floors and shampooing any carpets as needed
and repairing and cleaning any marks in a prompt manner.
v. Ensuring that all restroom facilities are operating properly and properly
stocked with the necessary supplies, and repairing the same in a prompt manner.
vi. Providing regular and consistent cleaning of the facility; including daily or
hourly services as needed.
vii. Ensuring proper and regular trash disposal within the facility and trash
removal from the facility.
vii. Maintaining signs, murals, temporary displays or exhibits, plan elements,
structures and other improvements to a level of quality consistent with that of an
internationally recognized educational exhibit in a resort community.
b. Exterior Maintenance.
i. Maintaining signs, murals, temporary displays or exhibits and other
improvements to a level of quality consistent with that of an internationally recognized
educational exhibit in a resort community.
ii. Cleaning exterior surfaces as needed.
iii. Painting or staining the exterior of buildings as needed, and ensuring that
any scratches or dents in the walls are properly repaired.
v. Clearing litter from the Leased Premises on a daily basis.
c. Annual Review. On an annual basis, the Town will meet with Lessee to discuss
the maintenance and operation of the Leased Premises, compliance with this Agreement, any
potential capital expenditures and projects and any other matters concerning Vail Transportation
Center.
C. Capital Maintenance.
a. The Town and Lessee shall be responsible for capital maintenance as set forth in
Exhibit B-1. Capital maintenance is performed to extend the useful life of assets or replace
assets, at intervals other than annually, and is of a significant value, including without limitation
the following:
i. Interior Capital Maintenance: system and system component and
equipment replacements including mechanical, electrical, lighting, security and
elevators; flooring replacement; replacement of structural components; and remodels of
bathrooms, kitchens and storage rooms.
January 16, 2018 - Page 8 of 53
ii. Exterior Capital Maintenance: roof replacement; window replacement;
and replacement of walkways, bridges and parking Tots.
b. Lessee shall maintain a log of capital maintenance activities which satisfy its
obligations under this Lease.
c. In its maintenance activities, the Town shall use its best efforts to avoid
interference with Lessee's use of the Leased Premises and the Licensed Premises, and shall
restore any part of the Leased Premises or Licensed Premises damaged by the Town during
such activities.
d. Inspection. Lessee shall permit the Town and its agents to enter the Premise at
reasonable times and upon reasonable notice, for the purpose of inspecting the Premise.
e. Utilities. Lessee shall pay a flat monthly rate for sewer, water, gas, electricity.
Lessee shall also be responsible for cable/data/internet/satellite/telephone service, equipment
and repairs if such services are determined to be necessary by Lessee.
ARTICLE 4 — IMPROVEMENTS
A. Additional Improvements. Lessee shall not, without first obtaining the written
consent of Town, make any alterations, additions, or improvements, in, to or about the Premise.
B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to be filed
against the Premise by reason of work, labor, service or materials supplied or claimed to have
been supplied to Lessee. Nothing in this Lease shall be construed as constituting the consent
or request of the Town, expressed or implied, to any contractor, subcontractor, laborer or
material supplies for the performance of any labor or the furnishing of any materials for any
specific improvement or repair of or to the Premise. Nothing in this Lease shall be construed as
giving Lessee any right to contract for or permit the rendering of any services or the furnishing of
any materials that would give rise to the filing of any mechanic's liens or claims against the
Town's interest in the Premise. If any such mechanic's lien or claims are filed against the
Premise as a result of Lessee's breach of this Article 5(C), Lessee shall cause the same to be
discharged of record within thirty (30) days. If Lessee fails to discharge such mechanic's lien or
claim within such period, then, in addition to any other right or remedy of the Town, the Town
may discharge the same either by paying the amount due or by procuring the discharge of such
lien. Lessee shall not be required to pay or discharge any mechanic's lien or claims if Lessee in
good faith proceeds to contest the same by appropriate proceedings; provided, however, that
Lessee shall give notice in writing to the Town of its intention to contest the validity of such lien
or claim.
ARTICLE 5 — INDEMNIFICATION
Lessee agrees to indemnify and hold harmless the Town and its officers, insurers,
volunteers, representative, agents, employees, heirs and assigns from and against all claims,
liability, damages, losses, expenses and demands, including attorney fees, on account of injury,
loss, or damage, including, without limitation, claims arising from bodily injury, personal injury,
sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever,
which arise out of or are in any manner connected with this Lease or the Premise, unless
caused by the negligence of the Town.
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January 16, 2018 - Page 9 of 53
ARTICLE 6 — INSURANCE
A. Coverages. Lessee covenants and agrees that from the date hereof Lessee will
procure and maintain throughout the term, at its sole cost and expense, all of the following
insurance:
1. Comprehensive broad form general public liability insurance in common
use for commercial structures with extended coverage endorsement
protecting the Town and Lessee and covering the Premise, common
areas, and parking areas and sidewalks located adjacent to the Premise
and Lessee's use thereof against claims for personal injury, death and
property damage occurring upon, in or about the Premise, such insurance
to afford protection to the limit of not less than two million dollars
($2,000,000) combined single limit. The insurance coverage required
under this Section shall, in addition, extend to any liability of Lessee
arising out of the indemnities provided for in Article 6.
2. Workers' compensation insurance covering all employees, in the amounts
required by law.
3. Fire and extended coverage insurance covering the Premise for injury or
damage by the elements, or through any other cause, and all alterations,
extensions, and improvements thereto and on the Premise and
replacements thereof, including all appurtenances, whether on the
Premise or extending beyond the boundaries thereof, against loss or
damage by fire and the risks contemplated within the extended and
malicious mischief (as such endorsements may customarily be written in
Colorado from time to time), in an amount not less than the full actual
replacement cost of the Premise, common areas, and appurtenances,
and sufficient to prevent the Town or Lessee from becoming a co-insurer
of any partial loss.
4. Rental value insurance, covering loss or damage by fire with extended
coverage.
5. Business interruption insurance and/or loss of "rental value" insurance.
6. During the course of any construction or repair of improvements on the
Premise initiated by Lessee, "Builders Risk Insurance."
B. Form. All policies shall be issued by solvent and responsible insurance
companies licensed to do business in the State of Colorado with a general policy holder's rating
of not less than "A" and a financial rating of "AAA", as rated in the most current available "Bests"
Insurance Reports, and qualified to write such policies in the State of Colorado. Each policy
shall be issued in the names of the Town and Lessee, and their designees. All policies shall be
for the mutual and joint benefit and protection of the Town and Lessee. All policies or
certificates thereof shall be delivered to the Town upon execution of this Lease and thereafter
within thirty (30) days prior to the expiration of each policy. If any policy expires or terminates,
renewal or additional policies shall be procured and maintained by Lessee. All such policies of
insurance shall contain provisions stating that the company writing said policy will give the Town
at least thirty (30) days advance written notice of any cancellation, lapse or reduction in
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January 16, 2018 - Page 10 of 5
coverage amounts, and that the insurer waives the right of subrogation against the Town and
against the Town's agents and representatives. All public liability, property damage and other
casualty policies shall be written as primary policies which do not contribute to and are not in
excess of coverage which the Town may carry.
C. Default. Lessee's failure to provide and keep in force any of the insurance
policies required by this Article shall be a material default of this Lease, entitling the Town to
exercise any or all of the remedies provided in this Lease in the event of Lessee's default.
D. No waiver. Lessee's insurance shall not be construed as any waiver or
modification of the Town's rights under the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101, et seq.
ARTICLE 7 — TERMINATION
Termination by Town upon Notice. Notwithstanding any other provision of this
Lease, the Town may terminate this Lease pursuant to Article 8 below, or may terminate this
Lease without cause, by providing Lessee with a minimum of one year prior written notice.
Provided, however, if the Town terminates this Lease without cause prior to December 31,
2026, the Town shall reimburse the Lessee for the depreciated cost (over ten years) of the
actual capital cost of the major renovation described in Article 2(A) above, minus 1) the cost of
museum exhibits; and 2) the Town's financial contribution to the major renovation (five hundred
thousand dollars - $500,000).
ARTICLE 8 — BREACH
A. If Lessee fails to perform any of its obligations under this Lease, the Town shall
provide Lessee with written notice of the breach. Lessee shall have 15 days after the date of
the notice to cure the breach. If a longer period is reasonably required to cure the breach and
the cure is promptly begun, such cure period shall be extended for as long as the cure is being
diligently undertaken to completion, as determined by the Town.
B. If Lessee fails to cure the breach within 15 days after the date of the notice or a
cure is not diligently being undertaken, the Town may, in its sole discretion, cure the breach
after a reasonable attempt to schedule the cure around Lessee's schedule. If the Town
chooses to cure the breach, Lessee shall be liable for the costs and fees that the Town expends
to cure the breach, including any costs resulting from the work of Town employees. Lessee's
liability for costs and fees associated with curing a breach shall survive the termination of this
Lease.
C. In addition to curing a breach by Lessee, the Town may, in its sole discretion,
terminate this Lease as a result of Lessee's failure to cure the breach; provided that such
termination shall be approved by the Vail Town Council at a public meeting. If the Town
chooses to terminate this Lease under this subsection, it shall give BFAG 30 days' written
notice.
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January 16, 2018 - Page 11 of 5
ARTICLE 9 - SURRENDER OF PREMISE
Upon the expiration or termination of the Lease term, Lessee shall peaceably and quietly
leave and surrender the Premise in the same condition as it exists on the date of the execution
of this Lease, except as modified by mutual consent of the parties.
ARTICLE 10 — MISCELLANEOUS
A. Entire Agreement. This instrument, along with any exhibits and attachments
hereto, constitute the entire agreement between the Town and Lessee relative to the Premise,
and this Lease may be altered, amended, waived or revoked only by an instrument in writing
signed by both the Town and Lessee. The Town and Lessee agree hereby that any and all
prior or contemporaneous oral agreements between and among themselves and their agents or
representatives relative to the leasing of the Premise are merged in or revoked by this Lease.
B. Severability. If any provision of this Lease is determined by a court of competent
jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected
thereby, and each provision of this Lease shall be valid and be enforceable to the fullest extent
permitted by law.
C. Governing Law and Venue. This Lease shall be governed and construed in
accordance with the laws of the State of Colorado, and any legal action arising out of this Lease
shall be brought in Eagle County, Colorado.
D. Notices. All notices required to be given by either party to the other shall be in
writing. All notices shall be sent by United States mail, postage prepaid, addressed to the
parties at the addresses set forth below, or at such other addresses as the parties may
designate in writing. Notice shall be deemed to have been delivered on the date personally
served or two (2) days subsequent to the date that said notice was deposited with the United
States Postal Service.
To the Town: Town of Vail
75 S. Frontage Rd.
Vail, CO 81657
To Lessee:
The Colorado Snowsports Museum and Hall of Fame
231 S. Frontage Rd. E.
Vail, CO 81657
E. Successors. This Lease shall inure to the benefit of and be binding upon the
Town and Lessee and their respective heirs, successors, representatives, administrators,
executors and devisees; provided that Lessee shall not assign this Lease or sublet the Premise
or any part thereof. Any attempted assignment or subletting shall be deemed void and of no
effect.
F. Assignment and Subletting. Lessee shall not assign this Lease or sublet any
portion of the Premise without prior written consent of the Town. Any such assignment or
subletting without consent shall be void and, at the option of the Town, may terminate this
Lease.
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January 16, 2018 - Page 12 of 5
G. Inspection of Records. Town shall have the right, upon reasonable notice to
inspect the records of Lessee, including the financial records of Lessee so long as said
inspection is reasonably related to a business or municipal purpose of Town pursuant to the
terms of this Lease.
H. Attorney Fees and Costs. In case suit should be brought for recovery of the
Premise, or for any sum due hereunder, or because of any act which may arise out of the
possession of the Premise, the Town shall be entitled to all costs incurred in connection with
such action, including reasonable attorney fees.
I. No Waiver. No failure of any party to enforce any term of this Lease shall be
deemed to be a waiver of any other term of this Lease.
J. Subordination. This Lease is and shall be subordinated to all existing and future
liens and encumbrances against the property.
K. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be
a joint venture in any private entity or activity which participates in this Lease, and the Town
shall never be liable or responsible for any debt or obligation of any participant in this Lease.
L. Governmental Immunity. Nothing herein shall be construed as a waiver of any
protections or immunities the Town may have under the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended.
M. No Third -Party Beneficiaries. Except as expressly provided herein, there are no
intended third -party beneficiaries to this Lease.
Executed this
ATTEST:
day of , 2017.
Patty McKenny, Town Clerk
TOWN OF VAIL, COLORADO
Greg Clifton, Town Manager
7
January 16, 2018 - Page 13 of 5
STATE OF COLORADO
COUNTY OF ga
THE COLORADO SNOWSPORTS MUSEUM AND
HALL OF FAME
By:
) ss.
• Subscribed and swom to before me this ti day of
tA5k12.. dC� s £1C C of The Colorado Sno
[S E A
PATTY BIERLE-MCKENNY
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19944002530
MY COMMISSION EXPIRES MAY 11, 2018
Museum a
V31--4›&..11141
, 2018, by
Il of Fame
January 16, 2018 - Page 14 of 5
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Manager Report
ATTACHMENTS:
Description
Town Manager Report
TOWN Of9
January 16, 2018 - Page 15 of 5
TOWN OF VAIL `
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
TOWN MANAGER REPORT -
Jan. 16th TOWN COUNCIL MEETING
TOPICS
• BOCC Meeting
• Mayors/Managers
• 1-70 Coalition Meeting
• DOLA Grant
• Denver Services
• Assistance to Grand
County
• Firefighting in California
• Sandstone Underpass
• Retreat
• VR Joint Retreat
Meeting with Eagle County
Town Manager's Office
970.479.2106
970.479.2157 fax
As a quick follow up to the last report regarding a joint meeting with Eagle County
Board of Commissioners, we are tentatively scheduling this for the regular Vail
Town Council session on February 20th. The discussion will occur during the
afternoon work session and will likely comprise the entirety of the afternoon. We
will plan on scheduling accordingly.
There are six proposed topics for discussion:
• Transit
• Housing
• Environmental Sustainability
• Open Space
• Airport
• Trails
Mayors / Managers Meeting
The bi-monthly meeting is occurring on January 12th in Eagle. The USFS will
host a facilitated discussion about the Forest Service land in Minturn. Stay tuned
for details and outcomes, which will be verbally provided during the Town Council
meeting.
1-70 Coalition Meeting
The annual meeting is occurring on January 11th in Silverthorne. Again, we will
provide details and outcomes during the regular Town Council meeting, but the
agenda is posted below for your information. The membership will be asked to
take action on the 2018-19 work plan and conduct annual elections for officers.
Commissioner Dan Gibbs is the Chair.
January 16, 2018 - Page 16 of 5
DOLA grant for MMJ
The TOV is the recipient of Marijuana Impact Grant funds from the Department of
Local Affairs (DOLA). The funding of $106,208, awarded through the efforts of
Kris Cureau and others within the Vail Police Department, will be used to combat
Vail's marijuana -related crimes and impact within the community, particularly
upon young people. News of the grant was received on January 8th.
Services in Denver for a fallen officer
Vail Police Officers Erika Moir and Casey Ipema attended the funeral services for
Douglas County Sheriff's Deputy Zackari Parrish on January 5th. Deputy Parrish
was shot and killed while responding to a domestic call on December 31st in
Highlands Ranch. Of note, Vail Officer Casey Ipema had previously attended the
Police Academy with Deputy Parrish. The service was attended by thousands,
quite appropriately. Deputy Parrish was remembered as a model police officer.
Town Manager's Report Page 2
January 16, 2018 - Page 17 of 5
1-70 Mountain Corridor Coalition Meeting
1:00 p.m.
1
Call to Order & Introductions— Dan Gibbs,Chair
1:05 p.m.
2
Approval ofthe 10112117 meeting summary
1:10 p.m.
3
Board of Directors Report
• CE update, Tim Mauck & Dan Gibbs
• Approve 2018-2019 work Plan
• Transportation Funding Coalition
1:25 p.m.
4
Annual Meeting Elections
• Selection of Tier 1, 2 & 3 representatives to Board of Directors
• Election of Chair& Vice Chair
1:40 p.m.
5
1-70 Record of Decision: Refresher
Steve Harelson, Region 1 Program Engineer, CDOT
2:10 p.m.
6
1-70 Coalition Travel Demand Management (TDM) 2017 Review
Margaret Bowes, I -7D Coalition
2:35 p.m.
7
Colorado State Patrol Update, Capt. Rich Duran
2:45 p.m.
8
CDOT Update: Patrick Chavez, Martha Miller, Steve Harelson
3:05 p.m.
9.
New Business
3:10 p.m.
10_
Public Comment (3 minutes per speaker)
3:15 p.m.
11.
Adjourn
NEXT MEETING: THURSDAY, APRIL 12, 2018 1:00-3:00 p.m.
Silverthome Library
DOLA grant for MMJ
The TOV is the recipient of Marijuana Impact Grant funds from the Department of
Local Affairs (DOLA). The funding of $106,208, awarded through the efforts of
Kris Cureau and others within the Vail Police Department, will be used to combat
Vail's marijuana -related crimes and impact within the community, particularly
upon young people. News of the grant was received on January 8th.
Services in Denver for a fallen officer
Vail Police Officers Erika Moir and Casey Ipema attended the funeral services for
Douglas County Sheriff's Deputy Zackari Parrish on January 5th. Deputy Parrish
was shot and killed while responding to a domestic call on December 31st in
Highlands Ranch. Of note, Vail Officer Casey Ipema had previously attended the
Police Academy with Deputy Parrish. The service was attended by thousands,
quite appropriately. Deputy Parrish was remembered as a model police officer.
Town Manager's Report Page 2
January 16, 2018 - Page 17 of 5
MOBILE OOMMUNII ATI
Town Manager's Report
Assistance to Grand County
After a month of planning, the Communication Center deployed our Mobile
Communications Unit (MCU) to support the Grand County Sheriff's Office while
they mitigate fire and smoke damage to their communications facility. With the
help of the IT Department and Dispatch Supervisor James Hubbard, Grand
County IT staff relocated their network and dispatch systems into the MCU,
creating two working dispatch consoles so that they could continue to provide
emergency services, 911 service and radio communications throughout Grand
County. The construction work is expected to continue until January 17th
For the Town of Vail, this is a valuable opportunity to test the MCU's ability to
serve as a stand alone communications center, fielding emergency 911 calls and
dispatch services for an extended period of time.
Firefighting in California
A crew from Vail Fire was deployed to California from December 21st through
December 28th to support the efforts related to the Thomas Fire (Ventura County)
and other significant fires in the region. The crew consisted of Engine Boss Paul
Cada, Engine Boss Trainee Josh Hebrew, and Squad Boss Trainee Dustin Elliot.
The crew was assigned as an initial attack resource to fill in for resources
deployed on the Thomas Fire. Due to the relative low frequency of fire
assignments in our area, these out -of -area fire assignments are an important
means to provide Fire Department personnel with valuable experience and
qualifications. The Town of Vail is reimbursed for all costs.
Sandstone Underpass
The Town has completed two traffic counts at the Sandstone Underpass since it
opened in October 2017. The first count was conducted immediately following the
opening and showed an average daily traffic volume of 3,000 vehicles using the
underpass with a peak hour volume of -300 vehicles. A second count was
conducted between Christmas and New Years and the average daily traffic
volume increased to 3,500 vehicles with a peak hour volume of -350 vehicles.
Each vehicle trip that traveled through the Sandstone Underpass is a direct
reduction in the number of vehicles that would have normally used the Vail Town
Center or West Vail interchange underpasses. For comparison, the Vail Town
Center underpass normally carries about 1,550 vehicles in a peak hour and the
West Vail underpass normally carries about 1,200 vehicles in a peak hour. The
350 vehicles that went through the Sandstone Underpass represent
approximately a 10%-15% capacity increase to both the Vail Town Center and
West Vail underpasses. The 350 vehicles per hour also represent -44%, or
almost half, of the design volume that is projected to occur in year 2040.
Page 3
January 16, 2018 - Page 18 of 5
1
•
Town Manager's Report
Retreat
The Council retreat with staff on January 9th was successful and well attended.
Thank you. The facilitated meeting gave us an opportunity to structure an
agenda that had a nice mix of training, self assessment, and visioning. There is
much more to come, but in the near future you can expect a summary of the
many outcomes and a check-in on the prioritized action items to guide us over
the next several months.
It will, of course, be instructive to meet with the County and with Vail Resorts prior
to refinement of Council's Action Plan. These meetings are in play. We may also
have the opportunity, as discussed, to use our community survey to assist us with
any needed input as we endeavor to finalize the Council 2018-20 Action Plan.
Joint Meeting with Vail Resorts
The initial round of proposed dates for a joint retreat did not work. It has been
suggested to look at off -Tuesdays which we have mentioned to the team over at
Vail Resorts. March 13th and March 27th are both available. We should take
some time to discuss these possible dates during the regular Council meeting.
Page 4
January 16, 2018 - Page 19 of 5
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Agreement and Memo of Understanding between Town of Vail, Colorado and
Yamanouchi-machi Japan
PRESENTER(S): Patty McKenny, Town Clerk, Souichi Nakamura, Interpacfic Network
Corporation
ACTION REQUESTED OF COUNCIL: Consideration of the agreements and formal action.
BACKGROUND: Mayor Yoshitaka Takefushi and Governor Shuichi Abe have invited Town of
Vail officials to Yamanouchi-machi and Nagano Prefecture Japan, for an exploration visit this month
(January 20-26, 2018). This visit is a follow up to the Japan delegation's visit last August. Vail and
Japan officials continue to evaluate an exchange program between the two mountain resort
communities. The proposed agreements help to outline exchange programming possibilities
related to tourism, environmental sustainability, and other topics of mutual interest.
ATTACHMENTS:
Description
Memo Japan and Vail Agreements
January 16, 2018 - Page 20 of 5
TOWN OF VAIL'
Memorandum
To: Mayor and Town Council
From: Patty McKenny, Town Clerk
Date: January 16, 2018
Subject: Japan Exploration Visit 2018 - Review proposed sisterhood agreement
amendments
SUMMARY
The Town Council will consider the sisterhood agreement which outlines a "friendship
arrangement" between Yamanouchi-machi and the Town of Vail. The agreement addresses
objectives, identifies the areas of cooperation, and presents information about annual exchange
programming between the two mountain resort communities.
II. BACKGROUND
Souichi Nakamura, the representative appointed by Governor Shuichi Abe, Governor of
Nagano and Mayor Takefushi, Yamanouchi-machi, Japan, has provided some changes to this
template agreement as suggested by the Japanese officials. In summary, the proposed edits
include a change in the "name of the agreement" and a formatting change related to the
agreement document, there were no substantial content changes. A brief description of each
proposed revision follows:
Change in the name which references the relationship
There is a translation concern with "sisterhood" because in Japanese the word has a meaning
and reference to an elder sister and younger sister with some connotation senior and junior.
After a discussion between town staff and Mr. Nakamura, there is a proposal to reference the
relationship as a "global friendship exchange (agreement)". The Town Council is asked to
consider using this phrase for the Yamanouchi-Vail relationship moving forward as it seems to
provide clarity to this relationship and programming and would be used in the title of both
agreements (reflected in attachments). It is also suggested to apply this phrase to all potential
future international mountain resort community exchange efforts.
Consideration of two documents
The format changes suggested include consideration of two documents instead of one; the
breakout of the information would provide for an easier format to understand the arrangement,
separating the focus and objectives of the relationship from the details of the programming.
• Global Friendship Exchange Agreement is the primary overarching agreement which
houses the major objectives and focus of the relationship. Both Nagano and Yamanouchi
execute this agreement with the town.
• Memo of Understanding (MOU) document is the secondary agreement which houses the
information about the exchange programming details. Yamanouchi and the town execute
this agreement.
January 16, 2018 - Page 21 of 5
III. ACTION REQUESTED
The Town Council is asked to review the agreements and determine which changes would be
acceptable. There was also some discussion at the last meeting to move foreword with taking
formal action on this agreement (now two proposed agreements) prior to the Japan exploration
visit (occurring Jan. 20-26).
The exploration visit presents the opportunity for the Town Council to evaluate if there would be
the ability to create friendly exchanges that would explore the development of business,
economy and tourism to Vail. Last summer's visit to Vail by Yamanouchi officials and the
Consul -General of Japan, and the correspondence with the Governor of Nagano (who visited
summer 2016), show a great deal of support for developing friendly exchange programming with
Japan.
Attachments:
V Global Friendship Exchange Agreement
✓ Global Friendship Exchange Memo of Understanding
Town of Vail Page 2
January 16, 2018 - Page 22 of 5
GLOBAL FRIENDSHIP EXCHANGE AGREEMENT
BETWEEN THE YAMANOUCHI—MACH!, NAGANO PREFECTURE, JAPAN
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
The Yamanouchi-machi, located in the Nagano Prefecture, Country of Japan, and
the Town of Vail, of the State of Colorado of the United States of America, here in after referred to as
"the Parties";
CONSIDERING their interest to strengthen the friendship ties and cooperation that join
both Parties;
ACKNOWLEDGING that the cities have the intention to develop collaborative activities,
under the law provisions of the United States of America and the Japan, with particular attention to the
terms related to culture;
DECLARING their decision to strengthen their relationship of collaboration through the
proper legal channels;
CONVINCED of the importance of establishing mechanisms that contribute to the
development and strengthening of bilateral cooperation, as well as the necessity to execute projects
and actions that are effective in the economic and social development of both Parties;
Have agreed to the following:
ARTICLE I
Objective
The objective of the Agreement is to formalize the global friendship exchange between
the Yamanouchi-machi, Nagano Prefecture, Country of Japan and the Town of Vail, of the State of
Colorado of the United States of America, to encourage bilateral cooperation, to intensify common
efforts, and to exchange experiences and the execution of common activities that contribute to the
development of both cities.
ARTICLE II
Areas of Cooperation and Modalities
To reach the objective of the Agreement, the Parties are committed to explore and
develop cooperative projects, specifically directed, but not limited to the following areas:
a) Education: Encourage the local school boards to share educational programs and
systems. Encourage the development of student exchange programs between the cities.
b) Cultural Exchange: Promote cultural, artistic and sports exchanges to advance the
understanding and enjoyment of each city's cultural attributes, traditions and heritage.
c) Promotion of Tourism: Each party will promote the other Party through their
corresponding information office and/or the local tourism office, to make people aware of
the sister city's sites.
January 16, 2018 - Page 23 of 5
d) Environmental Cooperation: Both parties will share best practices to promote sustainable
development, promoting pollution prevention policies and practices and encourage
environmental education and research.
e) Any other area of cooperation that the Parties agree upon.
ARTICLE III
Final Provisions
The Agreement shall enter into effect upon the date of its signature and shall remain in
effect for a period of one (1) year from the date of its signature. It may be renewed for an additional one
(1) year period, by acceptance by both Parties through prior written agreement.
The Parties of Yamanouchi-machi and Town of Vail also hereby agree to enter into a
Memorandum of Understanding (MOU) that promotes the specific exchange programs.
Governmental Immunity. The Town and its officers, attorneys and employees are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or
any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys
or employees.
Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado
Constitution, any financial obligation of the Town not performed during the current fiscal year are
subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only to
monies currently appropriated and shall not constitute a mandatory charge, requirement or liability
beyond the current fiscal year.
Signed in the Town of [ 1, on the , of 2018, in two original
and official copies in the Japanese and English languages, both texts being faithful translations.
FOR YAMANOUCHI-MACHI
NAGANO PREFECTURE
COUNTRY OF JAPAN
Yoshitaka Takefushi
Mayor
Shuichi Abe
Governor
Honorary Witness
FOR THE TOWN OF VAIL
STATE OF COLORADO
UNITED STATES OF AMERICA
David Chapin
Mayor
Attest
Patty McKenny
Town Clerk
Page 2
Global Friendship Exchange Agreement 011618
January 16, 2018 - Page 24 of 5
GLOBAL FRIENDSHIP EXCHANGE MEMO OF UNDERSTANDING ("MOU")
BETWEEN THE YAMANOUCHI —MACHI, NAGANO PREFECTURE, JAPAN
AND THE TOWN OF VAIL, STATE OF COLORADO, UNITED STATES OF AMERICA
Yamanouchi Town of Nagano Prefecture in Japan and Vail Town of the State of Colorado in the United
States of America (hereafter referred to as "Parties") hereby agree to the following as part of a
friendship agreement promoting exchanges between the two Parties.
ARTICLE I
Competence
The Parties commit themselves to carry out the modalities of cooperation, referred to in
Article 11 of the Memo of Understanding ("MOU") in accordance with their respective authorities and
subject to the political and economic laws and regulations of their respective Governments.
ARTICLE II
Annual Action Programs
In order to achieve the objectives of the MOU, the Parties agree to formulate, through
prior discussion, Annual Action Programs (AAP), which shall become an integral part of the MOU once
they are formalized.
The AAP shall be integrated with specific projects or activities and which must reference
each of the following aspects:
a) objectives and activities to develop;
b) work agenda;
c) profile, quantity and duration of the assigned personnel;
d) responsibility of each Party;
e) assignment of materials, personnel and financial resources;
f) evaluation mechanism; and,
g) any other necessary information.
The enforcement of this MOU is not conditioned by the Parties' to establishment of PAA
in all the modalities of cooperation listed in paragraphs a) to e) of Article II, nor are they obligated to
collaborate in those activities where internal prohibitions exist, derived by law, institutional normative, or
customs.
The legal representative of each Party shall meet annually in person or at least hold one
yearly telephone conference in order to evaluate the results derived from the MOU and to propose new
guidelines for the development of projects of mutual interest.
The Parties shall produce progress reports of achievements based on the MOU and shall communicate
them to their corresponding government officials, as well as the bilateral departments in charge, as
determined by mutual MOU.
Both Parties will make their best efforts to formulate the first AAP within one hundred and
eighty (180) business days after the signing date of the MOU.
January 16, 2018 - Page 25 of 5
ARTICLE III
Additional Collaboration Proposals
In addition to AAP referred to in Article IV of the MOU, each Party may formulate
additional collaboration proposals, as they arise during the implementation of activities predetermined
through the AAP.
ARTICLE IV
Coordination and Follow -Up Mechanism
In order to establish a mechanism and criteria for the coordination, supervision and
evaluation of the activities carried out under the MOU, as well as to assure the best conditions for its
execution, a Working Group, integrated by representatives of both Parties, shall be established, and
coordinating each Parties activities the following areas:
- On behalf of Yamanouchi-machi , Nagano Prefecture, through the officials;
On behalf of the Town of Vail, Eagle County, State of Colorado of United States of
America, through the Mayor and Town Manager of the Town.
The Working Group may meet periodically in a location agreed upon by the Parties or at
least hold one yearly telephone conference in order to evaluate the activities derived from the
application of the MOU. The Working Group shall have the following functions:
a) adopt the necessary decisions in order to carry out the objectives of the present MOU;
b) identify the areas of common interest in order to elaborate and formulate specific
cooperation projects;
c) orientate, organize and formulate relevant recommendations in order to fulfill the
activities of the MOU;
d) receive, review and approve, when applicable, the progress reports in the areas of
cooperation within the MOU; and,
e) any other functions that the Parties may agree upon.
ARTICLE V
Financing
The Parties shall finance the activities referred to in the MOU with the assigned
resources in their respective budgets according to the availability and terms of their legislation. Each
Party shall pay the expenses related to its participation, except in the case that alternate financial
mechanisms may be used for specific activities, if considered appropriate.
ARTICLE VI
Information, Material and Protected Equipment
The Parties agree that information, materials and protected equipment deemed classified
by national legislation for national security or foreign relations purposes of either Party, shall not be
subject to transfer within the MOU.
When undertaking activities pursuant to this MOU, any information, material and
equipment which require or could require protection and classification is identified, the Parties shall
inform the adequate authorities and establish in writing, the corresponding protective measures.
Page 2
Global Friendship Exchange MOU 011618
January 16, 2018 - Page 26 of 5
The transference of information, material and equipment, which is not protected or
classified, but which exportation is regulated by one of the Parties, shall be done according to the
applicable national legislation and should be identified, along with its intended use or subsequent
transference. If any of the Parties consider it necessary, measures shall be taken to prevent the non -
authorized transference or re -transference of such property.
ARTICLE VII
International Instruments
The cooperation referred to in the MOU shall not affect the rights and duties which the
Parties previously acquired under other international treaties and instruments.
ARTICLE VIII
Intellectual Property
If as a result of actions carried out in accordance with this MOU, products of commercial
value and/or rights of intellectual property are generated, these shall be governed by the applicable
national legislation, as well as the international conventions, which are binding for Japan and the United
States of America.
ARTICLE IX
Designated Personnel
The personnel assigned by each Party for the execution of cooperation activities derived
from the MOU, shall continue under the direction and dependence of the institution to which he/she
pertains, and shall not create any labor relation with the other Party, which in no case shall be
considered as a substitute employer.
Each Party shall carry out the corresponding necessary procedures under its respective
authorities in order to facilitate the entry and departure of its respective participants who are officially
involved in the projects derived from the MOU. Such participants shall be subject to the immigration,
tax, customs, sanitary and national security laws of the receiving country and may not partake in any
activity other than those pertaining to their functions, without the previous authorization of the
competent authorities in this field.
The Parties shall encourage that the personnel involved in such activities have medical,
liability and life insurance, so that, if damage results from such activities derived from the MOU, repair
or restitution shall be covered by the corresponding insurance company.
ARTICLE X
Participation of Other Institutions and Individuals
The Parties may include Non -Governmental Organizations or individuals from the civil
society in AAP.
ARTICLE XI
Disputes
Any difference or divergence derived from the interpretation or application of the MOU will give rise to
the early termination of the MOU, by means of a written notification of early termination sent by one
Party to the other Party.
Page 3
Global Friendship Exchange MOU 011618
January 16, 2018 - Page 27 of 5
ARTICLE XII
Final Provisions
The MOU shall enter into effect upon the date of its signature and shall remain in effect
for a period of one (1) year from the date of its signature. It may be renewed for an additional one (1)
year period, by acceptance by both Parties through prior written MOU.
The MOU may be modified by mutual consent of the Parties, by formalizing it through
written and signed communications and specifying the date of its entry into force.
The early termination of the MOU shall not affect the completion of ongoing APP,
formalized while it was in force.
Governmental Immunity. The Town and its officers, attorneys and employees are relying
on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or
any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act,
C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys
or employees.
Subject to Annual Appropriation. Consistent with Article X, § 20 of the
Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year
are subject to annual appropriation, and thus any obligations of the Town hereunder shall extend only
to monies currently appropriated and shall not constitute a mandatory charge, requirement or liability
beyond the current fiscal year.
Signed in the Town of [ ], on the , of 2018, in two original
and official copies in the Japanese and English languages, both texts being faithful translations.
FOR YAMANOUCHI-MACHI
NAGANO PREFECTURE
COUNTRY OF JAPAN
Yoshitaka Takefushi
Mayor
FOR THE TOWN OF VAIL
STATE OF COLORADO
UNITED STATES OF AMERICA
David Chapin
Mayor
Attest
Patty McKenny
Town Clerk
Page 4
Global Friendship Exchange MOU 011618
January 16, 2018 - Page 28 of 5
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance 1, Series 2018 amending Section 7-4-4 of the Vail Town Code to
prohibit operation of Electronic Personal Assistive Mobility Devices on Bike and Pedestrian Paths
and in Vail Village and Lionshead Village
PRESENTER(S): Gregg Barrie, Town of Vail Senior Landscape Architect
ACTION REQUESTED OF COUNCIL: Continue the discussion on the use of EPAMDs in Vail
and provide direction to staff
BACKGROUND: See Staff Memorandum
STAFF RECOM M ENDATION: Vail provides visitors and guests with a variety of recreational
opportunities. It is important that those opportunities occur in an environment that is safe for all.
Staff would suggest that there may be ways to address the Council's concerns in regards to the
use of EPAMDs on Vail's recreation trails and in pedestrian areas without a complete ban. The
staff recommendation is to set guidelines for EPAMD use that aim to address Council concerns.
Staff then recommends revisiting this issue in mid -summer to ensure those guidelines are
successful and are being followed. Similar to the electric assisted bicycle discussion, this can be
revisited annually if needed. If, however, the Council determines that more restrictive regulations
are in order at this time, staff has prepared a draft ordinance for approval or approval with
modifications as directed. The draft is included as Attachment A.
ATTACHMENTS:
Description
Town Council Memorandum
January 16, 2018 - Page 29 of 5
TOWN OF VAIL
Memorandum
To: Vail Town Council
From: Department of Public Works
Date: January 16, 2018
Subject: Discussion on EPAMD use
I. INTRODUCTION
The Vail Town Council has raised concerns regarding the use of Electronic Personal
Assistive Mobility Devices (EPAMDs) in certain areas of the Town of Vail. EPAMDs are
more commonly known by the trade name, Segway. The purpose of this agenda item is
to continue discussion about where EPAMDs should be allowed in Vail. This item also
provides an opportunity for Vail Segway, a local business and Segway tour operator, to
participate in the discussion. An ordinance that prohibits the use of EPAMDs in
additional areas of town is included at the Council's request (Attachment A).
II. BACKGROUND
Town of Vail Ordinance 13, Series 2011 (Attachment B) addresses the use of EPAMDs
within Vail town limits. The ordinance was passed in response to a local business that
requested the opportunity to rent EPAMDs for use on town -owned paved recreation trails.
At the time, the trails prohibited the use of all motorized vehicles. The company rented
EPAMDs for perhaps a year or two and then ceased at some point thereafter. In the past
year or so, a different company, Vail Segway, has been operating out of Vail Village.
They are strictly a tour provider and do not rent EPAMDs for individual use.
III. THE CURRENT TOWN ORDINANCE
The ordinance essentially classifies EPAMDs as bicycles and thus exempts their
classification as motorized vehicles, allowing their use wherever bicycles are used. The
ordinance specifically prohibits their use in some areas of town.
The Town Code defines an EPAMD as:
ELECTRONIC PERSONAL ASSISTIVE MOBILITY DEVICE (EPAMD): A self -
balancing, nontandem two (2) wheeled device, designed to transport only one
person, which is powered solely by an electronic propulsion system producing an
average power output of no more than seven hundred fifty (750) watts.
January 16, 2018 - Page 30 of 5
The current ordinance prohibits their use at the Vail Nature Center, the Betty Ford Alpine
Garden, on the village streamwalk, in children's playgrounds, turf areas, natural/
unimproved areas and on streets and highways that are part of the state highway system.
IV. VAIL SEGWAY
Vail Segway began operations in Vail during 2017. The company offers guided tours
through Vail. Group size is limited to 6 or less. As previously noted, they do not rent
their EPAMDs for private use, therefore all EPAMD tours are supervised by one or two
guides. Prior to beginning operations, the owners reached out to the Town of Vail Police
Department to determine Vail's regulations in regards to EPAMD use and have
organized the business around those existing regulations. Vail Segway has provided
additional information, which is included in Attachment B.
V. SAFETY CONCERNS
One concern raised by Council is the potential for conflict between pedestrians and
EPAMD users and the idea that most EPAMD users in Vail are likely to be novices and
therefore may not be in full control of their EPAMD.
A records search by the Vail Police Department found four (4) EPAMD-related "events"
in the past 5 years. However, all were related to questions about EPAMDs and not to
incidents involving injury or illegal use. One of the events was actually from the
operators of Vail Segway requesting information on regulations prior to starting the
business and two events were prior to Vail Segway starting operations. Town staff is not
aware of any other incidents or injuries related to EPAMD use in Vail.
The Town Council requested that staff provide injury statistics, however there is very
little information available. The Consumer Product Safety Commission records injury
data under the National Electronic Injury Surveillance System, which monitors injuries on
everything from playground to trampolines to hand gardening tools. Under this system,
EPAMD injuries are grouped with ATV's, mopeds and mini -bikes and therefore not
useful for this discussion.
Some online articles reference a study from 2010 that evaluated 41 EPAMD injuries at a
Washington, D.C. hospital over a four-year period. Of those 41 injuries, one quarter
required admission to the hospital with head or leg injuries. Of those with head injuries,
only 17% were wearing helmets. There is no information that discusses how those 41
injuries relate to overall EPAMD use. Staff was not able to find more up-to-date injury
information or studies.
VI. USE ON PAVED RECREATION TRAILS
Another concern of the Town Council is the use of EPAMDs on Vail's paved recreation
trails, which were originally intended for non -motorized vehicles. In recent years, the
Town Council decided to allow EPAMDs (2011) and electric assisted bicycles (EABs)
(2016). There are two main considerations in regards to Vail's recreation trails: 1) user
conflict and 2) user experience.
Town of Vail Page 2
January 16, 2018 - Page 31 of 5
Sharing multi -use trails with varying user -types can always increase potential conflict
due to different speeds, variable actions and a general increase in use. Likewise,
sharing non -motorized trails with motorized vehicles can impact user experience for
some users. Both concerns may warrant regulation, improved guidelines or an outright
prohibition on some or all trail sections.
VII. MITIGATION SUGGESTIONS
There may be ways to reduce potential conflicts by avoiding the use of EPAMDs in
certain areas at certain times. Suggestions include:
1. No EPAMD tours in Ford Park within 2 or 3 hours of scheduled Ford Park or Ford
Amphitheater events
2. No EPAMDs on certain sections of the Gore Valley Trail such as the area
between Lionshead and Vail Health (behind the library)
3. No EPAMDs in Vail Village or Lionshead during Farmers Market, GoPro, Vail
America Days and other significant special events
VIII. STAFF RECOMMENDATIONS
Vail provides visitors and guests with a variety of recreational opportunities. It is
important that those opportunities occur in an environment that is safe for all. Staff
would suggest that there may be ways to address the Council's concerns in regards to
the use of EPAMDs on Vail's recreation trails and in pedestrian areas without a
complete ban.
The staff recommendation is to set guidelines for EPAMD use that aim to address
Council concerns. Staff then recommends revisiting this issue in mid -summer to ensure
those guidelines are successful and are being followed. Similar to the electric assisted
bicycle discussion, this can be revisited annually if needed.
If, however, the Council determines that more restrictive regulations are in order at this
time, staff has prepared an ordinance for approval or approval with modifications as
directed. The draft is included as Attachment A.
IX. ACTION REQUESTED BY COUNCIL
Continue the discussion on EPAMD use in Vail and provide direction to staff.
Attachments:
Attachment A
Attachment B
Attachment C
Ordinance 1, Series 2018 prohibiting EPAMDs in additional areas
Current EPAMD Ordinance 13, Series 2011 Additional information
on Vail Segway
• Cover Letter
• Support Letter
• Trip Advisor Reviews
• Vail Daily Bizwatch: Vail Segway — December 21, 2017
Town of Vail Page 3
January 16, 2018 - Page 32 of 5
Attachment A
Draft Ordinance
ORDINANCE NO. 1
SERIES 2018
AN ORDINANCE AMENDING SECTION 7-4-4 OF THE VAIL TOWN
CODE TO PROHIBIT THE OPERATION OF ELECTRONIC PERSONAL
ASSISTIVE MOBILITY DEVICES ON BIKE AND PEDESTRIAN PATHS
AND IN VAIL VILLAGE AND LIONSHEAD VILLAGE
WHEREAS, by Ordinance No. 2011-13, the Town Council adopted regulations
regarding the operation of Electronic Personal Assistive Mobility Devices ("EPAMDs") in
the Town; and
WHEREAS, the Town Council desires to amend the Town Code to prohibit the
use of EPAMDs on bike and pedestrian paths and in pedestrian areas of Vail Village
and Lionshead Village.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 7-4-4.B. of the Vail Town Code is hereby amended as
follows:
Sec. 7-4-4. EPAMDS:
B. Prohibited Areas: It is unlawful for any person to operate an
EPAMD in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk (currently pedestrian only);
4. Children's playgrounds;
5. Turf areas;
6. Natural/unimproved areas;
7. Streets and highways that are parts of the state highway
system;
8. Bicycle and pedestrian paths, as defined in Section 7-4-1 of
this Chapter; and
9. Pedestrian areas of Vail Village and Lionshead Village.
1
Ordinance No. 1, Series of 2018
January 16, 2018 - Page 33 of 5
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The amendment of any provision of the Vail Town Code in this
ordinance, shall not affect any right which has accrued, any duty imposed, any violation
that occurred prior to the effective date hereof, any prosecution commenced, nor any
other action or proceeding as commenced under or by virtue of the provision amended.
The amendment of any provision hereby shall not revive any provision or ordinance
previously repealed or superseded unless expressly stated herein.
Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof,
inconsistent herewith are repealed to the extent only of such inconsistency. This
repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or
part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 16th day of January, 2018 and a
public hearing for second reading of this Ordinance is set for the 6th day of February,
2018, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Dave Chapin, Mayor
ATTEST:
Patty McKenny, Town Clerk
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
2
Ordinance No. 1, Series of 2018
Dave Chapin, Mayor
January 16, 2018 - Page 34 of 5
Attachment B
Current EPAMD Ordinance
Ordinance 13, Series 2011
7-4-4: EPAMDs:
A. Model Traffic Code:
1. Except as provided by this section, the operation of EPAMDs in the town shall be exempt from
the model traffic code adopted by the town as well as such other town ordinances that regulate
motorized vehicles in the town.
2. For the purposes of operation, parking, and equipment and subject to the additional regulations
set forth in this section, EPAMDs shall be considered bicycles and shall be subject to the
provisions and regulations concerning bicycles contained in the model traffic code adopted by
the town.
B. Prohibited Areas: It is unlawful for any person to operate an EPAMD in or on the following:
1. Vail Nature Center;
2. Betty Ford Alpine Garden;
3. Village Streamwalk (currently pedestrian only);
4. Children's playgrounds;
5. Turf areas;
6. Natural/unimproved areas; and
7. Streets and highways that are parts of the state highway system.
C. Minimum Age: An EPAMD shall only be operated in the town by persons sixteen (16) years of age
or older.
D. Exception: The provisions of this section limiting the use of EPAMDs shall not apply to an EPAMD
that is operated by a person with a mobility impairment caused by physical disability who uses the
device to enhance that person's mobility.
E. Equipment: All EPAMDs operated within the town shall be equipped with an audible warning
device. (Ord. 13(2011) § 3)
Town of Vail Page 4
January 16, 2018 - Page 35 of 5
Attachment C
Information on Vail Segway
provided by the company
01/08/2018
To: Vail Town Council
From: Vail Segway Tours
For the Council's Consideration Before the Upcoming Council Meeting on 01/16/2018:
Dear Esteemed Council Members,
We look forward to meeting with each of you to discuss the Council's concerns regarding the
use of Segways (and other EPAMDs) in the Vail town public spaces. We would like to take this
opportunity to share with you some information we feel is not only relevant to the discussion, but
important for understanding our business, who we are, and what we really do.
-First, it is important to note that Vail Segway Tours is the only manufacturer -authorized tour
provider in the state of Colorado. There are several other Segway-related businesses in the
state, but none have an official professional relationship with Segway, inc. other than us.
- An important part of having this designation of "Authorized Tour Provider" is we are bound by
contract to conduct our operations to the safety standards set by the manufacturer. Thus, there
is an element of accountability to our operation as we can lose our "Authorized" designation
should we fail to adhere to their minimum guidelines.*
*It is important to note that we, as a matter of practice, go above and beyond what is required by
the manufacturer in terms of safety and training (see TA reviews included in this packet as
evidence of this).
- Our guides are Segway-certified trainers and guides, meaning they have completed the
manufacturer's training program on how to properly teach guests how to safely operate the
Segway Personal Transporters (PTs).
- We only offer a guided tour experience. Under our own volition we have chosen to never rent
Segway PTs for individual use, a decision that has lead to considerable lost revenue but
nevertheless is the responsible course of action.
-All tour groups are accompanied by at least one, but most often two guides, one at the front of
the group leading and one at the back of the group following up.
-Each guest must complete a comprehensive training program (roughly 25-35 minutes) before
being allowed to ride the machines on the tour.
-Our guides are also Level -2 certified Segway Technicians, meaning our machines are
maintained properly to the standards of the manufacturer.
- Our Segway PTs are brand new 2017 model X2 SE, the top of the line.
-We complete regular monthly maintenance on the machines to ensure they are safe to operate
(documentation available upon request).
January 16, 2018 - Page 36 of 5
-In advance of beginning our operations in June of 2017, we took special care to contact the
Town of Vail, Vail Police, and Vail Code Enforcement so that we could clearly understand exactly
what the town's code and ordnances were before starting the business. We designed our tour
routes and practices based on the counseling and information provided by the Chief of Police,
the Head of Code Enforcement, and a representative from the Town.
-The TOV sanctioned our intended business practices (i.e. tour routes, areas we proposed to
ride with our guests) when it issued us a business license for this express purpose.
-We are not just a random group of people who popped up overnight in Vail with a fleet of
Segways. Rather, we are industry professionals with years of experience.
Jim Callan, the owner of Vail Segway Tours, fell in love with Vail and the Colorado Rockies when
he visited the town for his nephew's wedding (he married a girl from Vail!). Jim wanted to find a
way to spend part of the year in this amazing place and thought it would be the perfect location
for a Segway tour. Much like Pete Seibert 6 decades ago, when Jim saw Vail he said "This is
the Place!" One of the features that made Jim think Vail would be the perfect place is the
wonderful network of paths, which are safer than roadways as there are no cars to interact with.
An entrepreneur by nature, Jim has endeavored to create a successful business, and so far 2
jobs (hopefully more soon!), here in Vail Village. As per Jim's wishes and deep commitment, Vail
Segway has, from the very beginning, pledged 10% of all profits to rare cancer research.
Seth Valentine, manager of Vail Segway, has 4 years experience working for one of the largest
tour providers in Europe and the United States. He has led thousands of people on Segway,
walking, bicycle, sea kayaking, hiking and adventure tours in major European capital cities
(Paris, London, Barcelona, Berlin, Prague, Rome), the Caribbean (St. John & St. Thomas, U.S.
Virgin Islands), and now he brings his extensive tour industry knowledge and experience to Vail.
Spencer Valentine spent 4 years as an EMT both on ambulances and in ERs in some of the
busiest hospitals in Denver.
Prior to moving to Vail, both Seth and Spencer spent the last 5 years living in Dubai, U.A.E.,
where they were hired by, and worked for, the Crown Prince of Dubai at Skydive Dubai, one of
the worlds premier sport parachuting facilities. At Skydive Dubai the brothers worked as FAA
certified Senior Parachute Technicians responsible for the lives and safety of thousands of
people, professionally managing risk through adherence to industry best practices and
regulations. They helped build and maintain the largest parachute equipment service center in
the Middle East/North Africa (MENA) region and to date have recorded a combined 70+ lives
saved from their work.
-We view our role in the town as much more than just a tour business. We are ambassadors for
Vail, and Colorado. When not out on tour we can often be seen in Solaris Plaza, or on Bridge
Street, or in Seibert Square giving directions or recommendations, answering questions, taking
photos for guests, and generally trying to be helpful and friendly, contributing to the overall
welcoming vibe that Vail is so well known for.
January 16, 2018 - Page 37 of 5
When out on tour with a group, we of course provide funny and entertaining stories about local
history and geography, but we also try to provide useful information about the town and its
exceptional local businesses. Our guests regularly ask us where to go and what to do while they
are here, and we have the wonderful opportunity to help other local businesses by
recommending them to our guests.
All we are trying to do is build a small business that provides a fun, safe and memorable
experience for our guests, and we believe that we offer a unique activity that fits in nicely with
the overall theme of adventurous, outdoorsy, fun, exciting, family-oriented activities that Vail has
become known for.
In other words, we believe it "fits" nicely and we strongly urge you to allow us to continue our
tour operations.
January 16, 2018 - Page 38 of 5
1/6/2018 Vail Daily Bizwatch: Vail Segway provides unique mountain -town adventures 1 VailDaity.com
Vail Daily Bizwatch: Vail Segway provides unique mountain -town
adventures
Daily staff reportnewsroom@vaildaily.com
December 21, 2017
Business name: Vail Segway.
Location: Bridge Street Ski Haus, 254 Bridge St., Vail.
Date opened: June 12, 2017.
Owner: Jim Callan.
Contact info: Email vailreservations@prosegway.com (mailto:vailreservations@prosegway.com), call 970-306-
2050 or 800-800-0424.
What goods or services do you provide? Vail Segway Provides a unique, unforgettable adventure. Our certified
guides train each guest in the proper handling of the X2 Segway Personal Transporter with a heavy emphasis
on safety. Upon completion of training, our guests are ready to roll into an awesome day of exploration. The
Grand Tour of Vail provides each guest an intimate and thorough introduction to our beautiful valley. Limited
group size, unparalleled knowledge and outstanding reputation all combine to ensure that each and every
person that takes our tour leaves ready to make the most of their time in Vail.
What's new or exciting at your place? We have recently moved into the Bridge Street Ski Haus, right next to
Gondola One. As winter settles over the valley, our tours will continue to explore the area around us. From Ford
Park to Cascade Village, each stop of our tour is designed to not only entertain but to also educate. Our guides
share all the best information on night life, local restaurants, and information on fun things to do when not on the
slopes.
What strategy do you use to differentiate your business from your competition? We believe strongly in having all
the fun. This means we don't see ourselves in competition with any other business in Vail. We view our real role
in the village as more of ambassador. Since we opened this summer, we have been humbled and have
benefited from the support of local businesses that have a long history in Vail. Venture Sports and the Bridge
Street Ski Haus have both been instrumental in our success thus far, and we will always be grateful for the help
we have received.
What philosophy do you follow in dealing with your customers? Every tour is an opportunity to bring a positive
and useful experience into our guests' trips. We understand that vacation time is precious. When someone
chooses to spend their time and money with us, we take that responsibility to heart. Our guides are enthusiastic
and diligent in their task of delivering an unforgettable experience.
What can your customers expect from you? We become a resource for our guests. Going beyond the fun and
adventure of our tours, we aim to help our guests maximize the amount of fun they have while in the valley. At
the end of every tour we provide discounts to local restaurants and bars so our guests can put to good use the
tips provided by their guide while saving some money.
httpsalwww.va i Id a it y. cominewslvail-d ally-bizwatch-vail-segway-provides-unique-mountain-town-adventures/
January 16, 2018 - Padg39 of 5
Trip Advisor Reviews on Vail Segway
Reviews (33)
Traveler rating
• Excellent
33
r
• Very good
0
1
• Average
0
1
• Poor
0
1
• Terrible
0
Fun option when taking time off from skiing
We were very fortunate to come across Vail Segway on our day off from skiing. This proved to be a
unique and fun option for the family at a time when snow conditions were less than ideal for skiing.
The owners of Vail Segway were appropriately focused on safety and took the time to introduce us
novice riders to this fun activity. They were also very sensitive to how riding through the village could
impact the Vail "experience". We spent very little time riding in the village and instead took to the
open roads in the outskirts of Vail. This was perfect as it allowed us to have a narrated tour of Vail
that we otherwise would not have seen. It also allowed us to put in practice our newly learned
Segway riding skills.
Segway riding is a great year around activity that I hope remains an option for our future Vail visits.
We will certainly recommend Vail Segway to our friends and family.
1
January 16, 2018 - Page 40 of 5
Birthday celebration
Don't miss out on this exceptional way to tour Vail!! Great tour guides, beautiful scenery, and loads
offun!! aaaaa
Awesome day
We had a blast on our Segway tour of Vail. Spencer was a great guide and geared the tour to our
level of ability. Looking forward to the next trip!
Thank Jahellmann
HIGHLY RECOMMEND!
SO GLAD we did this!! Spencer and Seth make sure that you are comfortable on the Segway and
then take you on an AMAZING tour of Vail. You will see stunning views while learning Vail history.
They could not have been more kind and accommodating. It was a wonderful experience!!!!I
What a great afternoon!
Have some time between eating, drinking, skiing, shopping, and relaxing in Vail? We did - so my
husband, our 19 -year old daughter, and I booked a Segway tour with these great guys.
Seth, Spencer, and John were awesome guides and personalized our time together. We have been
here dozens of times, so didn't need the basic info, but we could tell they know it should it be a first
visit for others. Instead, they thought about interesting stories to sprinkle in during our stops.
But the highlight was the cruise around town - to the east and then to the west, and back into the
Village core. They got us totally comfortable on the latest edition Segway X2 with off-road tires, then
we were off. I brought my camera to get some Christmas -Card -worthy photos, and Spencer will get
photo credit.
Next summer we will be back to do some additional trails that aren't accessible in the winter. We
encourage Vail visitors to give them a try - great value for a super fun experience with young
entrepreneurs who are building a great business the right way: focusing on an awesome customer
experience.
Great Tour, good training before departing, saw parts of Vail I have
never seen.
Review of: Vail Segway Tour from Vail Village
Brisk sunny late fall day, wonderful day for a tour on a Segway through parts of Vail that I have
never seen. Outstanding instruction on how to use the Segway before departing so that first time
riders felt confident on how to use the Segway. Guide provided very interesting information during
2
January 16, 2018 - Page 41 of 5
the tour and we had the appropriate number of rest stops.
Had a wonderful time.
SO MUCH FUN!! A Must While in Vail!
!was a bit nervous at first. There were three couples on this outting, all in the 50 - 60 year old range.
Not one of us ever rode a Segway before. Upon arrival at Base Camp, we were greeted by John and
Seth. We proceeded to watch a 6 minute video on how to use the Segway. After watching the video,
I got more nervous seeing what can happen if you don't follow directions.
We were fitted with helmuts, then went outside to practice on the Segways. John took the 3 men and
Seth took the 3 women. He taught each of us how to get on and off the Segway, how to steer, stop,
move forward and backwards. We all then practiced on the streets of Vail Village. They even tested
us going around cones and how to stop on a dime. We were then all ready to start our tour.
John led us the whole way on our tour and Seth followed behind. We stopped at certain areas along
our tour and John gave us some history at each stop. While John was sharing information about
Vail, Seth was quietly taking photos of our group.
After stopping at the Betty Ford Botanical Garden, we proceeded toward Vail Golf Couse. We rode
on bike paths and an area of homes that were just beautiful. By now, we were all feeling very
confident on our Segways, riding with ease. The tour was 90 minutes long. It was a perfect amount
of time. Not too long, not too short. It was not necessary to whip out your phone/camera at every
beautiful sight. Seth took so many photos and videos of our group. When our tour was over and we
were back at Base Camp, Seth "Air -dropped" every photo and video to our phones.
This Segway tour was one of the highlights of our trip to Vail. Would highly recommend this if
anyone wants to try a different venture in Vail!!
These guys are awesome....
This was by far one of the highlights of our trip. These two brothers run a professional and safe day's
trip out on the Segway's. They teach you how to ride, focus on safety and then when your ready it's
off you go. I can't say enough about how awesome this activity was Just do it!
Great afternoon - and a fun way to see Vail!
We found ourselves with a free afternoon and saw the segways out front at the Base Camp store
(across from big bear bistro). Stopped in just in time for the 1:00 tour. We loved it!
We've done one other Segway tour back home. Quick to learn and easy to handle. The segways
have a speed limiters so you can't get into much trouble on hills or flats. The guides also made sure
3
January 16, 2018 - Page 42 of 5
knew what we were doing before we headed out on the bike trail toward East Vail (past the Ford
Gardens, the nature center and the golf course...)
The guides were super friendly and knowledgeable about the area. Eager to share cool info about
the geology and the history of the area.
Highly recommend this for guests of all ages. Probably would be fun in winter too!
Best Day Ever!!
Vail Segway was a great way to spend the day! The attentive staff gave clear instructions on how to
operate the Segway and made sure we were all comfortable before setting out. Seth, our tour guide,
had interesting and informative stories about the Vail area and ski resort. Very professional staff that
you could tell loved their jobs! You absolutely MUST take a tour- it is s00000 fun!!!
Fun, relaxing, and safe!
I've done Segway tours before in other places but I would rate this one as #1! The leaders were
personable, well informed, friendly and very safety conscious. Even the first -timers learned quickly
and everyone had fun. A don't -miss experience!
Was so amazing!!
It was such a beautiful tour loved every minute of it the views were amazing and the tour guides
were super nice and explained the whole background of vail which was interesting. Bestest Segway
ride I've even been on!!:)
Best Segway Tour I've Ever Been On!!!
Ok, ok, this was our first Segway tour, but hear me out...
Brothers Seth and Spencer are good people. Laid back, knowledgeable, experienced, and well
traveled and it shows...
These guys do a great job of introducing people to the Segway. Seth and Spencer's experience as a
tour guide and Segway rider is evident. They had us up and rolling with ease. If you're apprehensive
about riding a Segway, this is the place to give it a try.
Together we explored the West side of Vail. The tour was scenic, informative, and FUN!
In my opinion, this is one of the coolest experiences you can have in Vail.
Give these guys and a Segway a try!
4
January 16, 2018 - Page 43 of 5
Vail vacation
Absolutely amazing! Easy to learn, simple to master, great instructors. A truly unique way to see Vail. Spencer
and Seth are extremely knowledgeable about the geological history of the area and provide a fun, exciting
experience. A MUST do if you are in Vail!
Great Fun
What a pleasant surprise. Found Segway tours while shopping at the Sunday market. Booked the
early suggested 9:OOam tour to miss afternoon chances of rain. Spencer and Seth our tour guides
provided excellent instructions that were easy to follow. On the 90 minute plus tour you saw some
beautiful scenery along Gore Creek, lovely homes and they shared interesting history facts about
Vail. Have been on other Segway tours and this was the Best ... Highly recommended the trip for all
ages even for those like us over 65. It is a great way to see and learn about Vail. Another bucket list
must do!
Awesome!
Spencer and Seth were wonderful guides, friendly, informative etc... You can tell that your safety is
really important to them but at the same time it was really fun! The scenery is amazing as well. I
would highly recommend it to everyone, even if you've gone segwaying before like I have.
Great tour!
Great tour and fun way to enjoy the spectacular Vail scenery. John and Drew were great - kept it fun
and learned some things about Vail's history. Highly recommended!
Why Isn't Everyone Doing This?!
I was skeptical - Segways look sort of nerdy, and, especially in an active place like Colorado, sort of
seem lazy. You're here to bike, and hike - not ride an upright scooter...! But, my husband was
interested and we booked the tour.
I was so wrong - SEGWAYS ARE AMAZING.
Seth and Spencer took their time teaching us how to be master Segway riders. By the end of the
tour to East Vail, I had Segway confidence and could not believe how much fun we had. Once you
get used to using the Segway, it becomes so easy - and FUN! We cruised along for almost 3 hours
and loved every second. Seth and Spencer made us so comfortable, and shared great stories and
tips along the way.
5
January 16, 2018 - Page 44 of 5
I can't recommend the Vail Segway tour highly enough. It was truly an incredible experience and we
can't wait to do it again next year - maybe then we'll be ready to head up the mountain!
Great experience!
We just finished our Vail tour on our first Segways--so much fun! Spencer and Drew gave us the
perfect amount of training beforehand and then we were off! A balanced tour of village sights and
surrounding countryside. Highly recommend this company!
Segway Tour
Just great. That says everything Staff was wonderful and professional It was so much fun. They also
included points of interest in tour If you have time it's a must
Great experience on with Segway Vail!
Segway Vail took my wife and I under their wing on our first Segway experience. As great coaches,
they taught us the Segway basics, helped us with some practice and, with confidence, we were off
on our beautiful morning tour of Vail. Driving the Segway was very easy, almost intuitive (I think that
it was the great coaching), allowing us the freedom to enjoy the sights in an easy and relaxed way.
Would do it again, partly for the fun of driving the Segway.
Woot! S0000000 much fun!
We were a group of 3 and Seth patiently taught each of us to operate the Segways and then off we
went (following him and avoiding the "hot lava") to explore Vail and its many treasures. The entire
tour was super fun and we each thoroughly enjoyed our Segway Tour, worth every cent. Thanks
Seth, we will visit you next year.
Great way to see Vail!
Spencer and Seth are the best! I would definitely love to come back again and recommend Vail
Segway.
Segway Superstars!
We met Seth at the Vail Farmer's Market and he sold our group on the Segway excursion! There
were 4 of us plus another couple on our tour! Seth and Spencer spent a good 45 mins to an hour
just going over basic Segway operation and teaching us proper use and safety techniques! Very
6
January 16, 2018 - Page 45 of 5
thorough and thoughtfully presented direction by both Seth and Spencer and we were on our way!
What fun! We rode past Betty Ford Gardens, rode along the bike path and along the Gore River, as
well as past some gorgeous homes in the area! Highly recommend!
Great Fun Morning touring around Vail
This was absolutely the best tour I had for a long time. Tour guides were fun and entertaining and it
was a great experience. I would highly recommend to do it while you are in the Valley. If you don't do
it you will regret it :-).
Super fun, safe and easy...thanks ProSegway!
Seth and Spencer exceeds expectations with my first segway experience AND through an amazingly
fun tour of Vail this summer.
Their positive attitude with the nature packed tour had me safely coasting, cool wind in my hair, over
Vail Village, along Gore Creek and up to the Alpine mountains.
Seth and Spencer were able to accommodate a tour with my hectic schedule over the holidays, I
really appreciate their flexibility and professionalism.
Loved it!
We just stumbled upon this Segway location. I sure am glad we did! Seth and Spencer gave us a
fabulous Segway tour - one of the best I have had! This is an easy sport to try; the first 3-5 minutes
may cause a little apprehension; after that you will be so glad you gave it a try in such a beautiful
location like Vail. Your guides are definitely concerned with your safety and at the same time provide
a great adventure. You will love it!
The most fun in years
Wow what a great experience and the professional and accommodating guides made it all happen.
The kids were too young to Segway but they took them along on tour and let them trail with us on
mountain bikes. Do not miss this experience. I am 67 yrs old and felt like a kid again. Very safe
Best attraction in Vail - ProSegway
7
January 16, 2018 - Page 46 of 5
What a fun way to tour the beautiful town! Our two tour guides, Seth and Spencer, were so fun and
very knowledgeable about the area. We saw such beautiful scenery while learning about the town
and it didn't take long to feel very comfortable riding the segways. This was the highlight of our trip
and I highly recommend trying this fun adventure.
S00000 much fun!!!
We are a group of people in our 50s. One was nervous about Segways but Seth and Spencer put
her at ease with solid education and training before we left the site. For me, I have a bad back and
got to see parts of Vail I never would have been able to see without the segway. Touring by Segway
has to be the best and most fun way to see a new area. It's exhilarating and so much fun.
Prosegway Rocks!
We had a BLAST! It looks so easy, but don't be fooled. This tour was absolutely fantastic, made so
by Seth and Spencer Valentine. Their safety briefings and demonstrations, patience and insistence
on correct technique made our Segway adventure really safe and really fun. We started out slow,
practicing all the steps that we had learned, and then took an amazing tour through Vail's most
scenic neighborhoods and past the Betty Ford garden. As we learned and practiced more, our speed
picked up and our confidence also picked up. My advice: TAKE THIS TOUR!!! It's worth every
penny. My second piece of advice: listen to every word of Seth and Spencer's training spiel and
follow it to the T, even if it seems really basic. You'll build on correct technique and get really good --
so even a klutz like me can sail!!! By the way, our group consisted of four nearly sixty -year-olds who
are are definitely not "extreme athletes." Where we were lacking in youth, maybe we made up for in
life experience, having learned to listen to our instructors and follow directions :-).THIS WAS GREAT
FUN!
S00000 much FUN cruisin' around!
I wanted to keep on riding! It was such a great way to explore the beautiful town of Vail and it's
striking surrounding area! My favorite stop was at the Alpine Gardens. So pretty! My favorite part
was cruising along side the meandering Gore Creek! Wahoo! Thank you Seth and Spencer for the
superb Segway training. It helped me relax and have fun on the tour! Thanks guys!
WOW!! what an adventure
Had a great adventure in Vail today with the family. Vail Segway knocked it out of the park with an
amazing tour, learning the history of Vail and saw some great beauty. A really fun trip. My family and
I were new to Segway, but Seth and Spencer had great training and by the end of the tour, we felt
like pros. Thanks for a super time, we would come back and ride again on a future visit. thx!
8
January 16, 2018 - Page 47 of 5
1/6/2018 Vail Daily Bizwatch: Vail Segway provides unique mountain --town adventures 1 VailDaily.com
Tell us a little about your background, education and experience: Jim Callan is the senior vice president of
Source Media; managers Seth and Spencer Valentine are alumni of the University of Colorado at Boulder.
Leading thousands of people on tours of all types, Seth has always had a passion and talent for sharing his love
of exploration with anyone he meets. Spencer joined his brother, Seth, in Dubai, where they worked for the
crown prince as certified parachute riggers at Skydive Dubai. They spent five years working all across the
Middle East, all the while nurturing the idea of starting a tour company.
What is the most humorous thing that has happened at your business since you opened? Segways are overbuilt
toys. Its almost impossible to ride one and not have a massive smile on your face, often to the great surprise of
any skeptics in the group. It's always a good laugh and genuinely pleasing when even the most diehard anti-
Segway member of the group caves and admits how fun these machines are once you ride them.
TELL YOUR STORY
Tell the story of your Vail Valley business with a Bizwatch feature in the Vail Daily. For more information, email Vail Daily Business Editor
Scott Miller, (mailto:smiller@vaildaily.com)smiller@vaildaily.com (mailto:smiller@vaildaily.com).
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January 16, 2018 - Pacd&48 of 5
To whom it may concern,
It was brought to my attention that the Town of Vail was trying to limit the access of
Segways in the Vail Village. I believe this to a mistake, and this limits the different
activities our guests get ability to experience.
Seth and Spencer have brought to the village a great service to our many guests. With
my knowledge of their business and of their customer satisfaction, they are running a
very vital business here in the village. With the weather not producing snow this season,
so far, the town needs to make sure we are offering alternative activities to skiing in
order to insure that guests continue to come back to Vail for their personal vacations.
I manage a successful ski rental shop here in Vail Village. Our numbers are down due
to the snow fall. Guests are here but they are not skiing as much as usual. They are
also taking more days off in the middle of their stay. We are not getting a lot of
cancellations but we are definitely not getting the typical day traffic and weekend
warriors that we typically get. I am blaming the snow for this.
If Vail is offering a different product, then more people will come or at least stay longer. I
think a Great example of this is summer activities. I have lived here 10 years and the
summer has become more and more busy. I believe this is due to more activities during
the summer. More activities to do, more guests more business more revenue. The
Solaris building is a great example of adding to our village activities: ice rink, BOL,
movie theater. Why take away a fun, successful and informative activity in the Village. If
anything Vail should be looking at ways to add different activities for guests to
experience while visiting our Amazing town.
Please do not get rid of alternative activities that our customers will be able to
experience while in our wonderful town. If we can keep the guests in our Village they
will be continuing to come year after year and keep the money in our town, thus not
driving to other areas that have what they are looking for.
Jacob Bangtson
Base Camp/ Venture Sports Manager
970-477-8095
January 16, 2018 - Page 49 of 5
To whom it may concern,
I just wanted to let you know that Spencer and Seth who run the Segway tours are a
nice addition to the town. They were working across the street from the Bistro all
summer. I think they brought something fun to many of the tourists and locals alike.It
was also something people could do in the off season and the early season while we
had no snow. I believe safety to the riders and the pedestrians were always their first
and foremost concern.Please consider allowing them to continue their Segway tours.
Thank you ,
Vidette Gehl
Big Bear Bistro
January 16, 2018 - Page 50 of 5
TOWN Of9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 5, Series of 2018, A Resolution of the Vail Town Council
Approving an Amendment to the Development Agreement for Solar Vail.
PRESENTER(S): George Ruther, Director of Community Development
ACTION REQUESTED OF COUNCIL: Approve, Approve with Modifications or Deny
Resolution No. 5, Series of 2018
BACKGROUND: On October25, 2017 the Vail Town Council approved Resolution No. 35,
Series of 2017, a resolution approving a development agreement between the Town of Vail, the
Vail Local Housing Authority and Sonnenalp Properties, Inc (the "Parties"). Due to proposed
changes to the method of construction of the new apartment building, the Parties mutually agree to
amend the development agreement. The amendments adjust the completion dates of various
obligations of the Parties but do not change the overall scope of improvements or responsibilities
of the Parties.
STAFF RECOMMENDATION: The Community Development Department recommends the
Vail Town Council approves Resolution No. 5, Series of 2018, as read.
ATTACHMENTS:
Description
Resolution No. 5, Series of 2018
January 16, 2018 - Page 51 of 5
RESOLUTION NO. 5
SERIES 2018
A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING AN
AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SOLAR
VAIL
WHEREAS, on October 25, 2017, the Town, the Vail Local Housing Authority (the
"VLHA") and the developer of the Solar Vail project, Sonnenalp Properties, Inc., entered
into a Development Agreement to establish terms and conditions of the project; and
WHEREAS, the parties to the Development Agreement wish to amend certain
deadlines in the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL:
Section 1. The Amendment to Development Agreement among the Town, the
VLHA and Sonnenalp Properties, Inc. is hereby approved in substantially the form
attached hereto, subject to final approval of the Town Attorney. Upon such approval,
the Town Manager is authorized to execute the Amendment to Development
Agreement.
INTRODUCED, READ, APPROVED AND ADOPTED THIS 16th day of January,
2018.
ATTEST:
Patty McKenny, Town Clerk
Dave Chapin, Mayor
1
1/11/2018
Q:IUSERSIVAILIRESI20181SOLAR VAIL DA AMEND-R011118.DOCX
January 16, 2018 - Page 52 of 5
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment at 7:10 p.m.
TOWN Of9
January 16, 2018 - Page 53 of 5