HomeMy WebLinkAbout2018-10-02 Agenda and Supporting Documentation Town Council Evening Meeting AgendaVAIL TOWN COUNCIL REGULAR MEETING
Evening Agenda
Town Council Chambers
6:00 PM, October 2, 2018
TOWN Of 4IAJt
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. 36, Series of 2018, A Resolution Approving an Easement for
Holy Cross Energy
2.2. Extrication Equipment Contract Award
2.3. Minutes from September 4, 2018 meeting
2.4. Minutes from September 18, 2018 meeting
3. Town Manager Report
3.1. Town Manager Report
4. Presentations / Discussion
4.1. Future CDOT Opportunities in Vail 60 min.
Presenter(s): Mike P. Lewis, Executive Director, and Joshua Laipply, Chief
Engineer, Colorado Department of Transportation
Action Requested of Council: Discussion and Informational only.
Background: Discuss future opportunities in the Town of Vail.
5. Action Items
5.1. SoulCycle Vail Pop Up Event — Presentation of a limited term use of Town- 15 min.
owned commercial space (Unit 2, Vail Village Inn Phase V)
Presenter(s): George Ruther, Director of Housing
October 2, 2018 - Page 1 of 76
Action Requested of Council: The Vail Town Council is being asked to pass
a motion approving the limited term use of Town -owned commercial space
(Unit 2, Vail Village Inn Phase V) for a SoulCycle Pop Up Event and
instructing the Town Manager to execute an agreement in a form approved
by the Town Attorney.
Background: The purpose of this agenda item is to present the proposed
limited term use of the Town -owned commercial space located beneath the
La Bottega restaurant in Vail (Unit 2, Vail Village Inn Phase V) for a
SoulCycle Vail Pop Up Event. SoulCycle, Inc. has the unique ability to
bring its inspirational instructors and pioneering indoor cycling classes on
the road in order to offer a true and custom designed SoulCycle experience
anywhere in the world.
6. Public Hearings
6.1. Ordinance No. 15, Series of 2018, Second Reading, An Ordinance
Amending Section 12-10-17, Leasing of Parking Spaces, Vail Town Code.
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: Town Council is asked to approve Ordinance
No. 15, Series of 2018 on second reading.
Background: The existing regulations on the leasing of parking spaces in
the Town of Vail were first adopted in 1977, and the last significant
modification was in 1985. The current regulations are obsolete, and have
not resulted in significant applications to lease parking spaces. New
technology can help to identify vacant, available parking spaces, but the
existing regulations needs to be amended to facilitate, and in some cases
legalize, short term leasing of parking. The proposed regulations will open
additional areas where short term leasing of parking spaces is allowed, while
protecting the character of low density residential neighborhoods.
Staff Recommendation: Staff recommends approval of Ordinance No. 15,
Series of 2018 on Second Reading.
6.2. Ordinance No. 16, Series of 2018, Second Reading, An Ordinance
Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed
Electric Vehicles and Golf Cars
Presenter(s): Tom Kassmel, Town Engineer
Action Requested of Council: Table Ordinance No. 16, Series of 2018 to
October 16, 2018 Town Council meeting.
Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to
regulate the operation of low -speed electric vehicles and golf cars within its
jurisdiction. Review draft legislation which addresses allowing electric
vehicles on town streets. Several hotels are currently using electric
vehicles to transport skis and guests to the mountain. Topics to consider
might include identifying a drop off location as well as identifying which
streets would be accessed by these vehicles.
7. Adjournment
7.1. Adjournment at 7:35 pm (estimated)
15 min.
5 min.
Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website
October 2, 2018 - Page 2 of 76
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.
October 2, 2018 - Page 3 of 76
TOWN Of 1,
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Resolution No. 36, Series of 2018, A Resolution Approving an Easement for
Holy Cross Energy
ATTACHMENTS:
Description
Council Memorandum
Resolution No. 36, Series of 2018
October 2, 2018 - Page 4 of 76
TOWN OF VAILL
Memorandum
To: Vail Town Council
From: Public Works Department
Date: October 2, 2018
Subject: Holy Cross Energy Golf Course Bridge Hole #14 Easement
I. BACKGROUND
The Vail Recreation District will be replacing the existing golf cart bridges at the Vail
Golf Course Holes #14 & #15. In order to replace the bridge at Hole #14, the Holy
Cross Energy power must be relocated. There is currently no easement across the
Town of Vail property for this relocation.
Town staff recommends granting Holy Cross Energy an easement across the Town
property within the Golf Course across the bridge at Hole #14 in the form provided by
Holy Cross Energy.
October 2, 2018 - Page 5 of 76
RESOLUTION NO. 36
Series of 2018
A RESOLUTION APPROVING AN EASEMENT FOR HOLY CROSS ENERGY
WHEREAS, the Town is the owner of certain real property commonly known as the
Vail Golf Course (the "Property"); and
WHEREAS, the Town wishes to grant Holy Cross Energy an easement in the
location of the Golf Course Bridge Replacement as set forth in the attached Exhibit A (the
"Easement");
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF VAIL, COLORADO THAT:
Section 1. The Town Council hereby approves the Easement in substantially the
same form as 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 2nd day of October, 2018.
Dave Chapin,
Town Mayor
ATTEST:
Patty McKenny,
Town Clerk
Resolution No. 36, Series 2018
October 2, 2018 - Page 6 of 76
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Extrication Equipment Contract Award
ATTACHMENTS:
Description
Staff Memo Regarding Extrication Equipment Procurement
TOWN Of UAIL
October 2, 2018 - Page 7 of 76
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From: Mark Novak, Fire Chief
Date: October 2, 2018
Subject: Vehicle Extrication Equipment Contract Award
I. Background
In the 2018 budget, Town Council approved $100,000 for the purchase of vehicle
extrication equipment. Extrication equipment is commonly known by various trade
names such as "the Jaws of Life". This equipment is used to remove occupants from
vehicles damaged in automobile accidents. The majority of the equipment used by Vail
Fire is currently in excess of ten years old. New automobile design and construction
technologies, especially high strength metal alloys, have made the existing equipment
obsolete. In addition the new equipment will be battery powered hydraulics, which
increases reliability and allows for greater portability of the extrication equipment.
Extrication equipment from a variety of manufacturers was evaluated for this purchase.
The evaluation involved a comparison of technical attributes, such as cutting and
spreading force, weight, and battery capacity. Factors such as warranty terms and
service requirements were also compared. Following the technical comparison,
firefighters from Vail Fire conducted two days of field testing at a junkyard where they
were able to validate technical data as well as evaluate factors such as ergonomics.
Based upon this evaluation, Hurst E-Draulics were selected as best meeting the needs
of Vail Fire and providing the best value.
The procurement of the new extrication equipment will be sole -source procurement for
the following reasons:
1) Hurst E-Draulic equipment was selected based upon performance attributes.
2) Hurst sells extrication equipment through a regional, exclusive distributorship
model.
3) Pricing was obtained using the Fire Rescue group purchasing organization
(GPO). The GPO has competitively bid this product and extends the bid pricing
to agencies who participate in the GPO. There is no fee to participate in the
GPO.
October 2, 2018 - Page 8 of 76
The contract will be in the amount of $97,494.00 which will be for the purchase of four
complete sets of extrication equipment. A complete set includes a cutter, spreader, and
a ram.
11. Staff Recommendation
Authorize the Town Manager to enter into an agreement, in a form approved by the
Town Attorney, to procure vehicle extrication equipment, in an amount not to exceed
$97,494.00
Sample motion: I move to approve on consent, authorization for the Town Manager to
enter into an agreement, in a form approved by the Town Attorney, for the procurement
of Hurst E Draulic extrication equipment in an amount not to exceed $97,494.00
Town of Vail Page 2
October 2, 2018 - Page 9 of 76
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from September4, 2018 meeting
ATTACHMENTS:
Description
September 4 2018 Town Council Meeting Minutes
TOWN Of UAIL
October 2, 2018 - Page 10 of 76
Vail Town Council Meeting Minutes
Tuesday, September 4, 2018
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1 Citizen Participation
■ Penny Wilson, resident and Vail Rotary Club President Elect presented an update on the
duck race which was an amazing success with over 12K ducks all for great causes. She
also noted the increase in activity and parking at Booth Creek; there is not enough parking.
■ Syd Toll, resident, expressed concern about speeding in his neighborhood on South
Frontage Road West, Intermountain area, and noted that some signage and maybe speed
bump would help mitigate the problems.
2. Vail Sandstone Underpass APWA National Award
2.1. Vail Sandstone Underpass APWA National Award
Presenter(s): Tom Kassmel, Town Engineer and Chris Delles, Public Works Construction
Inspector
Each year the American Public Works Association (APWA) presents the Public Works Projects
of the Year awards recognizing the best of the best to promote excellence in the management
and administration of public works projects, recognizing alliance between managing agencies,
the contractor, the consultant and their cooperative achievements. This year's awards were
recognized at the APWA's Public Works Expo PW X 2018 awards ceremony August 27 in
Kansas City, Missouri. This nationwide competition presents awards in five project categories;
Disaster and Emergency Repair, Environment, Historical Preservation, Structures, and
Transportation within five separate project size levels. Vail's Sandstone Underpass was
recognized as the Project of The Year in the category of Transportation within small/rural
communities. Accepting the award were representatives of the Town of Vail, Colorado
Department of Transportation, Kramer North America, and Felsburg Holt and Ullevig.
Vail Town staff members Tom Kassmel, Town Engineer, and Chris Delles, Construction
Inspector, presented the award to the Vail Town Council.
Town Council Meeting Minutes of September 4, 2018 Page 1
October 2, 2018 - Page 11 of 76
3. Introduction of new Community Development Director Matt Gennett
3.1. Introduction of Matt Gennett, new Community Development Director
Presenter(s): Chris Neubecker, Planning Manager
Mayor Chapin thanked Neubecker for serving as the interim community director for the past few
months while the search was active for a new director. Neubecker introduced and welcomed
Matt Gennett to the Town of Vail, as did the elected officials.
4. Consent Agenda
4.1. Minutes from July 17, 2018 meeting
4.2. Minutes from August 7, 2018 meeting
4.4. Resolution No. 33, Series of 2018, A Resolution Approving a Memorandum of
Understanding Between the Town of Vail and the Colorado State Library; and Setting
Forth Details in Regard Thereto.
Foley moved to approve consent agenda, noted as 4.1, 4.2 and 4.4; Moffet seconded the
motion and it passed (6-0; Coggin absent at this time). Foley thanked the Vail Public Library
staff for the programming and services provided the town.
4.3. Minutes from August 21, 2018 meeting
Moffet moved to approve the minutes; Foley seconded the motion and it passed (5-0; Mason
abstained; Coggin absent).
5. Town Manager Report
5.1. Town Manager Report
Greg Clifton noted topics from his written report and a number of the statewide initiatives and
meetings he has been attending recently, CAST and Colorado Municipal League.
Coggin arrived at this time (6:40 pm).
6. Presentations / Discussion
6.1. CDOT RoadX Presentation (Emerging Technologies for Transportation Systems)
Presenter(s): Peter Kozinski, Director RoadX Program, CDOT
Action Requested of Council: Informational only about CDOT initiatives.
Background: Peter Kozinski is the Director of the RoadX Program at the Colorado Department
of Transportation. In that position, he is responsible for the identification of emerging
technologies that can save lives and make people's lives better. He then integrates these
technologies into the transportation system - including planning, engineering design and
construction. Peter was appointed to this position in September 2015 after serving 2 -years in
Town Council Meeting Minutes of September 4, 2018 Page 2
October 2, 2018 - Page 12 of 76
CDOT's Office of Major Project Development where he was responsible for developing and
delivering Major Projects via innovative delivery methods including Public -Private -Partnerships.
He will present some of their recent efforts with these types of projects.
There were some questions and discussion surrounding the presentation.
6.2. Short Term Rental Regulations Discussion
Presenter(s): Kathleen Halloran, Finance Director and Johannah Richards, Sales Tax and
Licensing Administrator
Action Requested of Council: Provide feedback on recommended adjustments to the current
regulations
Background: Short Term Regulations became effective March 1, 2018. Council received an
update on the implementation of the regulations on July 17 and agreed to review certain terms
of the ordinance.
Staff Recommendation: Please see attached memo for staff recommendations
Kathleen Halloran, Finance Director, outlined the topics addressed in her council packet memo
and noted some of the nuances of the ordinance, especially as the language addressed the
exemptions section. She noted the ordinance requires owners wishing to short term rent their
property to obtain an STR license at an annual cost of $150. Other provisions of the regulation
include:
❑ Designation of a local agent that resides within a 60 minute distance of the STR property and is
available 24/7. The named agent must provide proof of distance through a driver's license, property tax
record or voting record.
❑ Property owner must provide a notarized affidavit that they have specified safety measures in
place such as smoke detectors, carbon monoxide detectors, fire extinguishers and that advertised
occupancy limits comply with town code. The affidavit also validates the owner's agreement to comply
with all town regulations and specifically mentions trash, parking, lighting and noise.
❑ The Property owner must identify who is designated for remitting sales & lodging taxes.
❑ The property owner must provide proof of written notice to an adjoining residential dwelling unit if the
rental is located within a duplex.
❑ Signed acknowledgment of "Good Neighbor Guidelines".
❑ Advertisements of the rental must include the STR license number immediately following the
rental description.
❑ AII sales and lodging taxes must be remitted timely, for each property (not on a lump sum basis).
❑ Complaints (such as noise, trash, parking, etc.) will be directed to the local agent. The agent
must resolve the issue within 60 minutes (30 minutes between 11pm and 7am). The town's code
enforcement or police may become involved if the property is not licensed, or if the complaint is not
resolved. Then a formal complaint can be submitted to the town by the complainant.
❑ Three verified formal complaints may result in revocation of the STR license for that property.
Once revoked, the license may not be renewed for two years. If a duplex unit, written consent from the
neighboring unit must be obtained prior to renewing after revocation.
There was council support of continuing the discussion about the various components of the
regulations in light of feedback from the property management company representatives. Staff
noted there research suggests some options to reduce administrative work required by property
managers and addressing some enforcement challenges, as follows:
Town Council Meeting Minutes of September 4, 2018 Page 3
October 2, 2018 - Page 13 of 76
■ Amending Ordinance No. 15, Series 2017 to allow a designated local agent to represent the property
owner for the submission of application forms and notarized affidavits. This would require the local
agent to be jointly and severally liable.
■ Staff could pursue a more efficient online application process to enable "bulk" application submittals
for property managers handling multiple STR licenses.
■ Sales tax payment is unique by STR tax ID tied to individual owners, however remittance is quarterly.
■ Recommendation to "de -criminalize" the short term rental ordinance violations would allow for
established fines or penalties to be administered by designated staff (usually the Finance Director)
rather than issue a summons to court. Should the fines not be paid, then the town has the ability to
summon to court.
Recommendation that a violation of nonpayment of sales tax as well as other violations of town code
(parking, trash, noise, etc.) will continue to be considered criminal acts, subject to the daily maximum
fine of $2,650 per day and up to 180 days jail time.
Chapin invited public input at this time and a number of property managers addressed the topic:
■ Ted Steers, Vail Village Rental, expressed concerns about exclusion from the "exemption"
and requested that the ordnance be changed to allow him to serve as basically the booking
agent.
■ Bart Cuomo, Vail Realty, expressed frustration that the ordinance has created more work for
them and it is alienating the people who own the properties and want to short term rent
them. He continued with his concern about the need to collect data with an inquiry as to why
that isn't propriety information. He suggested their stakeholder group continue to work with
staff to modify the regulations.
■ Mike Connolly, Triumph Mountain Properties, expressed frustration as well and wanted to
see some changes to the regulations related to the administrative requirements that create
more work for them.
■ Tim Parker, property manager, expressed concern on behalf of his clients and creates more
administrative paperwork for the managers and owners.
■ Tim Hargreaves, the Willows, requested that the exemption should be extended to the
property managers.
There were additional comments from town council and they agreed that they would support
adjusting the exemption provision and requested staff continue to work with the property
managers. There was also support to allow property management companies named as the
local agent to sign and notarize on behalf of property owners for applications, life safety
affidavits and the Good Neighbor Guidelines and the recommendation to de -criminalize
violations of short term rental ordinance. Staff noted they would return with draft amendments
to the ordinance at a future meeting.
7. Action Items
7.1. Resolution No. 34, Series of 2018 - A Resolution Authorizing the Town Manager to
Enter into a Professional Services Agreement Between the Town of Vail and 4240
Architecture.
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: The Civic Area Plan Selection Committee is requesting that the
Town Council approve the attached resolution authorizing the Town Manager to enter into a
professional services agreement with 4240 Architecture.
Town Council Meeting Minutes of September 4, 2018 Page 4
October 2, 2018 - Page 14 of 76
Background: The Civic Area Plan is identified as a priority of the Vail Town Council in the 2018-
2020 Action Plan. The master planning process will help the Town Council and the community
to identify a vision for the future use of the buildings and lands within the Civic Area. The
proposed resolution will authorize the Town Manager to enter into a professional services
agreement with the selected consultant team.
Staff Recommendation: The Civic Area Plan Selection Committee recommends approval of
Resolution No. 4, Series of 2018.
Chris Neubecker presented the update about the civic plan selection process and noted the
Selection Committee recommended the team of 4240 Architecture / Braun Associates Inc. to
lead the planning and design process. The team will also include Trestle Strategies Group
(public engagement) and Russell + Mills Studio (landscape architecture). This team was
selected based on the following criteria:
• Knowledge and experience in managing municipal projects
• Ability to excel in the public engagement process
• Success in completing similar plans in a mountain resort environment
• Demonstrated ability to complete projects on time and on budget, with a commitment to
complete the Civic Area Plan in accordance with the plan goals and objectives
• Exceptional ability to develop and maintain professional relationships
• Proven track record of successfully delivering projects in a collaborative process with multiple
stakeholders
• Demonstrated ability to make progress on multiple tasks in a dynamic and ever changing
process
• Professional fee that is competitive based on the scope and quality of the work to be provided
and the ability to bring the project in on budget and on schedule
Moffet moved to approve Resolution No. 34, Series of 2018 - A Resolution Authorizing the Town
Manager to Enter into a Professional Services Agreement Between the Town of Vail and 4240
Architecture. Bruno seconded the motion and it passed (7-0). No public input was given.
Chapin noted there was a public engagement component factored into the planning process.
Moffet noted the many contributions made by Mr. Porter Wharton who recently passed away.
His work with Vail Resorts, Comcast and Crown Castle was commended as helping the
communities grow and work together.
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 8:30 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of September 4, 2018 Page 5
October 2, 2018 - Page 15 of 76
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Minutes from September 18, 2018 meeting
ATTACHMENTS:
Description
September 18, 2018 Town Council Meeting Minutes
TOWN Of UAIL
October 2, 2018 - Page 16 of 76
Vail Town Council Meeting Minutes
Tuesday, September 18, 2018
6:00 P.M.
Vail Town Council Chambers
The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by
Mayor Chapin.
Members present:
Staff members present:
Dave Chapin, Mayor
Jenn Bruno, Mayor Pro Tem
Travis Coggin
Kevin Foley
Kim Langmaid
Jen Mason
Greg Moffet
Greg Clifton, Town Manager
Matt Mire, Town Attorney
Patty McKenny, Town Clerk
1. Citizen Participation
■ Tom Saalfeld, Vail Recreation District, informed the community that Mike Ortiz, Executive
Director, was recognized as special district manager of the year as presented by the Special
Districts Association of Colorado.
■ Rondi Borgen, resident, expressed concern about speeding and traffic on Booth Creek
Road due to the Booth Creek trailhead.
2. Proclamations
2.1. Proclamation No. 7, Series of 2018, Recognizing Library Card Sign-up Month -
35th Anniversary Celebration
Presenter(s): Dave Chapin, Mayor, Lori Ann Barnes, Vail Librarian
The proclamation was read and approved. Lori Barnes presented some slides about the journey
of Vail's library.
3. Consent Agenda
3.1. First Chair Path Snowmelt Project Award
Moffet moved to direct the town manager to enter into an agreement with Icon, Inc. for the First
Chair Snowmelt project in the amount of $301,525 and supplement the project's existing budget
from the VRA Red Sandstone Parking Structure Budget in the amount of $31,525. Bruno
seconded the motion and it passed (7-0). It was noted the project would be completed by the
end of October.
4. Town Manager Report
Presenter(s): Greg Clifton, Town Manager
Town Council Meeting Minutes of September 18, 2018 Page 1
October 2, 2018 - Page 17 of 76
The Town Manager's report was reviewed per the topics noted in the report. He also thanked
Mike Griffin, IT, for his years of service as his last day would be first of October. An update on
construction projects still happening during this fall season was presented by Public Works staff
and included Slifer Square, 1-70 bridge walkway, West and East Vail sewer main improvements,
Red Sandstone Parking Garage, Holy Cross undergrounding, to name a few.
5. Presentations / Discussion
5.1. Initial Findings of the West Middle Creek Development Feasibility Report
Presentation and Discussion (Middle Creek Subdivision)
Presenter(s): George Ruther, Housing Director and Bill Pierce, Pierce Architects
Action Requested of Council: What additional information, if any, does the Town Council need
to make a determination about future and potential uses of the West Middle Creek Parcel for
residential development (Tract A, Middle Creek Subdivision)?
Background: The purpose of this memorandum is to present the initial findings of the West
Middle Creek Development Feasibility Report (the "Report"). The Report was prepared at the
direction of the Vail Town Council to better understand the feasibility of multi -family residential
development on the West Middle Creek Site and to obtain additional objective information and
data.
George Ruther, Housing Director, noted some key findings from his council packet memo which
addressed the following topics:
Zoning, land use, pedestrian and vehicle circulation, slope analysis, hazards / geotech,
wildlife, floodplain, utilities, open space, vehicular access, fire access and public safety,
potential development, construction cost analysis, and finally the conclusion, below:
CONCLUSION
Highly constrained areas have limited development potential; however, the areas are not off
limits when following the proper steps necessary for new construction. There is a small porton
towards the center al the site to the southern side where residential development cou Id occur
within a 30-40943 slope. The Town Code states no struature shall he hui ft in any flood hazard
zone or on a slope of forty p-ercent [4U%) or greater except in a sing le-fam ify residential, two -
lam ily residential, or two-family primarOsecondary residential zone district. Otherwise, a
variance would be required in -his event to build cn a slope greater than 40% due to the
practical difficulty resulting from topographic conditions on the site_ Variances ars governed by
the provisions of 12-17, Vail Town Code. Significant retaining walls and cuts in the grade would
be needed as well. Working within such a highly constrained site will add significant costs to site
grading, excavation, and construction.
Bill Pierce, architect, presented some highlights about the feasibility report suggesting some of
the developable characteristics, challenges and considerations that their analysis notes. Mayor
Chapin invited public input and several comments were made:
• Steve Lindstrom spoke on behalf of the VLHA and expressed support for such location as
an option for workforce housing. He suggested the idea be kept on some kind of inventory
list so that when the time is ripe the location could be evaluated again.
Town Council Meeting Minutes of September 18, 2018 Page 2
October 2, 2018 - Page 18 of 76
■ Allan Danson noted he was pleased to see the site could be an option for housing and was
hopeful it could be rezoned and used as part of a negotiation approach with VRI for the East
Vail property.
■ Jim Lamont, resident, noted there are many challenges including the need to change its
designation with public support and suggested any proceedings occur with caution and keen
deliberation.
The council members were satisfied the report was completed and provided helpful information
about the residential development feasibility of the parcels. Some were encouraged that the
report suggested the land could used as an option for housing and suggested it be considered
as an additional housing site location and not a substitute for other locations. There was a
review of three possible building layouts on the land as well as a discussion about the need for
zoning changes if it were considered for future housing development. There were others who
preferred focusing on properties that were already deemed for housing improvements, such as
Timber Ridge.
6. Action Items
6.1. Ordinance No. 15, Series of 2018, An Ordinance Amending Section 12-10- 17,
Leasing of Parking Spaces, Vail Town Code
Presenter(s): Chris Neubecker, Planning Manager
Action Requested of Council: Town Council is asked to provide comments on first reading of the
ordinance, including any changes to the ordinance that are needed for second reading.
Background: The existing regulations on the leasing of parking spaces in the Town of Vail were
first adopted in 1977, and the last significant modification was in 1985. The current regulations
are obsolete, and have not resulted in significant applications to lease parking spaces. New
technology can help to identify vacant, available parking spaces, but the existing regulations
needs to be amended to facilitate, and in some cases legalize, short term leasing of parking.
The proposed regulations will open additional areas where short term leasing of parking spaces
is allowed, while protecting the character of low density residential neighborhoods.
Staff Recommendation: Staff recommends approval of Ordinance No. 15, Series of 2018 on
First Reading, and setting the date of October 2, 2018 for Second Reading.
Chris Neubecker, Planning Manager, introduced Ordinance No. 15. and summarized some of
the text amendments below which included repealing and replacing Section 12-10-17, Leasing
of Parking Spaces, Vail Town Code. The effects of the proposed ordinance include the
following:
■ Removing the requirement for a permit
■ Removing the requirement for a parking utilization study
■ Eliminating the minimum size of an eligible parking lot (Current requirement is a parking lot
with at least ten (10) parking spaces)
■ Prohibiting leasing of parking spaces where access is required through an established
pedestrian mall
■ Requiring written approval for leasing parking spaces on commonly owned property (HOA
property, for example)
Town Council Meeting Minutes of September 18, 2018 Page 3
October 2, 2018 - Page 19 of 76
■ Requiring on-site signage identifying a name and telephone number for the person or
management company to contact concerning parking disputes.
■ Adding more zone districts where leasing of parking spaces is allowed. These zone districts
include higher density residential and commercial areas, while eliminating lower density
residential zone districts.
In addition, the new zone districts where leasing of parking spaces would also be allowed by
this ordinance were identified:
■ General Use
■ Arterial Business
■ Public Accommodation 2
■ Commercial Service Center
■ Ski Base Recreation
■ Ski Base Recreation 2
Mayor Chapin invited public input and none was heard. Moffet moved to approve on first
reading, Ordinance No. 15, Series of 2018, an ordinance amending Section 12-10-17, Leasing
of Parking Spaces, Vail Town Code, to modify the regulations applicable to the short-term
leasing of private parking spaces, and setting forth details in regard thereto, and noted his
motion was based on the following findings:
1. That the amendment is consistent with the applicable elements of the adopted goals,
objectives and policies outlined in the Vail Comprehensive Plan and compatible with the
development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign regulations; and
3. That the amendment promotes the health, safety, morals, and general welfare of the town
and promotes the coordinated and harmonious development of the town in a manner that
conserves and enhances its natural environment and its established character as a resort and
residential community of the highest quality.
Foley seconded the motion and it passed (7-0).
6.2. Ordinance No. 16, Series of 2018, First Reading, An Ordinance Amending Chapter
8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars
Presenter(s): Matt Mire, Town Attorney
Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 16,
Series of 2018 upon first reading.
Background: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the operation
of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation which
addresses allowing electric vehicles on town streets. Several hotels are currently using electric
vehicles to transport skis and guests to the mountain. Topics to consider might include
identifying a drop off location as well as identifying which streets would be accessed by these
vehicles.
Town Attorney Matt Mire introduced the legislation and noted the correspondence received from
the Lion manager about their Association's use of an low speed electric vehicle to transport
guests to the mountain with skis. Currently electric vehicles are not allowed by the Vail Town
Code. Code Enforcement Officer Miguel Jauregui addressed the council about the LSV and
related safety concerns. The Lion Property Manager also addressed the town council with
Town Council Meeting Minutes of September 18, 2018 Page 4
October 2, 2018 - Page 20 of 76
information about their intent to hopefully use the vehicle. Some comments addressed the
following aspects of this use:
✓ What routes / roads would they be allowed on? On the Frontage Road?
✓ Would they be allowed in Ford Parki?
There was support for allowing them to be used with a period of time to review what is working
and what might not be working.
Moffet moved to approve Ordinance No. 16, Series of 2018, First Reading, An Ordinance
Amending Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles
and Golf Cars. Foley seconded the motion and it passed (7-0).
There being no further business to come before the council, Moffet moved to adjourn the
meeting and Foley seconded the motion which passed (7-0) and the meeting adjourned
at 7:45 p.m.
Respectfully Submitted,
Attest:
Dave Chapin, Mayor
Patty McKenny, Town Clerk
Town Council Meeting Minutes of September 18, 2018 Page 5
October 2, 2018 - Page 21 of 76
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Town Manager Report
ATTACHMENTS:
Description
Town Manager Report
TOWN OF 1 X41
October 2, 2018 - Page 22 of 76
TOWN OF VAIL `
75 South Frontage Road West
Vail, Colorado 81657
vailgov.com
TOWN MANAGER REPORT -
Oct 2nd TOWN COUNCIL MEETING
TOPICS
Comm Dev Updates
IT Update
Budget Process
ATM recruitment
VR Retreat follow-up
Absence from Office
Transit Coordinating Team —
Site Visit at Google, Inc.
Town Hall Renovations
CML Exec Bd meeting
Nagano Delegates
Upper Valley Dinner
Comm Dev Updates
Town Manager's Office
970.479.2106
970.479.2157 fax
Civic Area Planning Process
We met with the consultant team member who is overseeing the public
engagement process and discussed the formulation of a Visioning Process
Committee, the invitation for which was sent to you from our Community
Development Director on September 26th. It is appended hereto for your
convenience. With the reduced Councilmember attendance at the October 2nd
meeting, we will be slating the Oct 16th meeting to determine two members of the
Town Council to be a part of the committee. This committee, to emphasize, will
not have any increased substantive input into the planning endeavor, but will
rather assist in orchestrating the process to be followed, utilizing best practices
and a very collaborative and inclusive strategy.
Team Building
Earlier this summer we reported the successful team building exercise in which
the Community Development Department participated in Breckenridge. In
continuing with this effort, the department staff visited Denver on September 27th
to enjoy a Rockies game. The tickets were purchased months ago before there
was any notion of this game having playoff implications, which it did. To allow for
the visit, the department was closed on the 27th ... a sign to that effect was
posted early in the week and the Admin team had taken the appropriate
measures to make sure all our customers were aware of the temporary office
closure.
IT Update — Security
As part of the Colorado Bureau of Investigations requirements for Public Safety
Information Systems, we are required to physically secure our building and IT
computer rooms. Basically, because we house both the Police Department and
911 Center in the Municipal Building, we need to bolster security and have record
of who is coming and going into these areas. The existing access control system
(about thirty years old) does not meet CBI's standards. We would like to upgrade
the entire system for the PD building, inclusive of enhanced card and keypad
access, and additional cameras. The total cost is about $70k. We are asking for
permission to proceed in October and do a supplemental request in December.
October 2, 2018 - Page 23 of 76
Budget Process
The week of September 24th through 28th was a busy week with scheduled
meetings from each town department, and a few divisions within those
departments, evaluating and discussing budget requested for the 2019 year.
This included significant projects, programs, and proposed staffing changes.
Work will continue to compile the outcomes of these meetings, with internal
review and amendments, prior to bringing forth the proposed departmental
budgets to Council during the first meeting in November. Stay tuned.
I want to recognize the hard work of Kathleen Halloran, Carlie Smith, and Krista
Miller in orchestrating these meetings and compiling the many spreadsheets and
memoranda used to inform these discussions.
ATM Recruitment
With over 100 applicants, we have narrowed the field to six semi-finalists who will
be interviewed in person on Monday, October 1st. A panel comprising myself,
Krista Miller, Mayor Chapin, and Mayor Pro Tem Bruno will be conducting the
interviews. It is my intent to have an outcome at the conclusion of the interviews.
Stay tuned.
VR Retreat Follow -Up
We had a productive staff follow-up on the outcomes of the retreat, with both Phil
Metz and Kristin K. Williams attending on behalf of VR, on September 25th
Attending from ToV were myself, Patty McKenny, Mia Vlaar, and Suzanne
Silverthorn. This group is working to come up with a draft of takeaways from the
retreat, and a road map for moving forward on some select items where strong
alignment exists between the two groups. As discussed at the retreat, focus is
upon the guest experience. It is anticipated that we will have something for
Council to review during the first meeting in November.
Absence from Office
Again as a reminder, I will absent from the office from October 4th through the
19th. This will prompt my need to miss the Council meeting on October 16th, and
Patty McKenny, as acting manager in my absence, will fill in.
Town Manager's Report Page 2
October 2, 2018 - Page 24 of 76
Town Manager's Report
Transit Coordinating Team — Site Visit at Google
The Transit Coordinating Team, inclusive of Greg Hall and myself representing
the Town of Vail, visited the Google facility in Boulder on Thursday, September
20th for a series of presentations regarding ideas and strategies for the "Info Hub"
platform that has been reported to Council periodically. This platform may be
based upon Google navigation and mapping, hence the visit. It was very
productive and the presentations were quite good. Much was learned regarding
emerging technologies in this area, and it is exciting to say the least as to what
the possibilities are for having a successful information platform. While this is all
predicated upon regional transit, it will be inclusive of other features (i.e.,
infrastructure, utilities, visitor information, app interfaces, maps), that collectively
make for a very user friendly and "single -stop shop" information hub.
Town Hall Renovations
Staff has been exploring possible updates to the office suites in the Town
Clerk/Finance/Town Manager area and some adjoining spaces. The current
space is quite dated, somewhat inefficient, and experiencing attrition. The
update will also address the public greeting area.
Specifically, the remodel will include updates and improvements to the flooring,
ceilings, paint, and lighting in the main area, the individual offices as noted, and
the conference room. Additionally, there will be new office furniture (from one
vendor) that is more functional, less "executive", allows for standing, and
accommodates more meeting spaces. The cost of this project is estimated at
about $95K. The project will be covered by savings from the CIP Fund and will
be primarily completed by the PW Facilities team this fall.
A refreshed look and "Vail brand" appearance will be achieved. It is noted that
with the launching of the Civic Plan process there may be decisions made that
concern the future of the municipal building and redevelopment in this area.
There is consensus that some interim improvements such as this and others (see
note regarding door security above) are nevertheless needed. Related, we are
ordering new chairs for the Town Council Chambers, which are very attractive
and quite comfortable. You will be pleased.
CML Executive Board
We met on Friday, September 21st. I lumped this meeting with the Google Site
visit, referenced above, staying in Denver the night of Thursday Sept 20th. Sam
Mamet has officially announced his retirement after 40 years of service. Focus
was on Amendment 74 and recruitment process for new director.
Page 3
October 2, 2018 - Page 25 of 76
Visit from Nagano Delegates
The Mayor, Patty McKenny, Mia Vlaar and I met with Nagano Japan Tourism
Officials on September 16th for a walking tour and lunch in Vail Village. They
were then joined by a representative of VRI, for a late afternoon visit to Epic
Discovery and a jeep tour (sponsored by Vail Resorts). Both the Vail Farmers'
Market and Oktoberfest were happening in Vail Village so it was a great
opportunity for us to talk about Vail's event programming and tourism industry.
Guests visiting from Nagano Prefectural Government Tourism Department
included the Director General, Akira Kumagai, and the Assistant Director of
Tourism Promotion Office, Ms. Naomi Sunohara. There were also visitors from
their tourism organization, Takaaki Kaneko and Blair Guardia along with
Ikenotaira Hotel & Resorts representatives, CEO, Yoshihiro Yajima and General
Manager, Hajime Yumoto. A great deal of information was shared about each
resort's marketing, tourism and environmental programs and best practices.
Related, please see attached notice of an upcoming event that should not be
missed — an evening of Taiko drumming with world renowned Makoto Yamamoto,
joined by members of the Boulder -based Taiko Summit Colorado Group, right
here in Vail.
Proposition 110 and Regional Transit Planning
Not in the realm of advocacy, but rather in the interest of preparedness, a group
of us will be meeting on Friday, Sept 28th, to discuss possible strategies for
regional transit enhancements should Proposition 110 be approved in November.
This is the measure that will, if voter approved, institute a 0.62 cent sales tax
increase with 20% of revenues being shared back to municipalities, and 20% to
counties. The meeting will start formulating possible strategies to see shared -
back revenues used, in part, for regional transit enhancements. There is also a
multi -modal component of the collective revenues that likewise can be used for
these and related purposes.
Upper Valley Dinner
December dates were recently sent to you in an email that noted December 5th,
6th, or 12th as possible dates to host our inaugural dinner with our neighboring
communities, Minturn, Red Cliff, Avon and Eagle County. We will be coordinating
that effort in the very near future with an invitation for elected officials and
leadership teams to join us for dinner at 6 pm at the Donovan Pavilion. This is for
officials only, and not guests or significant others, as we need to keep the
numbers manageable. We will also be working on some programming of interest
for the group. If you have other suggestions, please feel free to contact Patty or
myself.
Town Manager's Report Page 4
October 2, 2018 - Page 26 of 76
Town of Vail Civic Area Visioning
Invitation to Participate in the Process Committee
TO: Town of Vail, Town Council
FROM: Town of Vail Civic Area Visioning Process Project Team
RE: Town of Vail Civic Area Visioning Process Committee
As you are aware, the Town of Vail has started its Civic Area Visioning Project. With the help of the
selected consultant team, the Town is working to develop an outreach and public engagement plan to involve
all community members in the brainstorming, design, and visioning process for the new Civic Area plan. We
are inviting two (2) members from Town Council, and two (2) members from Planning Commission to be a
part of the Process Committee for the duration of this 12 month project. Selections of the Process Committee
members will be made by Town Council at the October 16, 2018 meeting.
The Purpose of the committee is to:
• Engage decision -makers in developing, supporting and ensuring best practices relating to the overall
planning process and public engagement for the Town of Vail Civic Area Visioning Project; and,
• Participate in shaping an inclusive and collaborative process that facilitates meaningful exchange
with a diverse range of partners, groups and individuals, including those typically underrepresented
in public processes.
Discussion of policy issues or plan content will not be part of this committee's purview. The full Town
Council and Planning Commission will advise, review and decide on content and policy through other
opportunities, including study sessions, outreach events and project updates.
Each committee member will be expected to participate throughout the duration of the 12 month project,
which will kick off in October 2018. The committee will meet every other month (6 times total). The
Project Team will provide an agenda to the committee ahead of each meeting, and bring presentations and
background materials for discussion as relevant to the corresponding phase of work.
The Role of each committee member is to:
• Advise staff and consultants on process, including upcoming engagement planning; and,
• Be a conduit for information between the stakeholders, our project team and the community
regarding Process.
We will ask Town Council to select the process committee on October 16, 2018, and will work with the
selected members to set up a meeting schedule. Thank you in advance for considering working with us on
this important effort.
October 2, 2018 - Page 27 of 76
DRUMS OFTHE GODS
MAF OTO YAMAMOTO
., Master and the grandson of
vio the founder and grandmaster
Darhachi Oguchi
Atertt
MONDAY, OCTOBER 8 1 6:30 - 8 pm
FREE EVENT Donations for Taiko Summit Colorado appreciated
VAIL MOUNTAIN SCHOOL 3000 Booth Falls Rd, Vail
TOWN OF VAIL'
410
Yamanouchi-urachi
As part of the Town of Vail Global Friendship Exchange with Yamanouchi-
machi and our friendship with Nagano Prefecture of Japan, please enjoy
an evening of Taiko drumming with world renowned Makoto Yamamoto
and members of the Boulder -based Taiko Summit Colorado group.
October 2, X018 - Page 28 of 76
TOWN OF 1 X41
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Future CDOT Opportunities in Vail
PRESENTER(S): Mike P. Lewis, Executive Director, and Joshua Laipply, Chief Engineer,
Colorado Department of Transportation
ACTION REQUESTED OF COUNCIL: Discussion and Informational only.
BACKGROUND: Discuss future opportunities in the Town of Vail.
October 2, 2018 - Page 29 of 76
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: SoulCycle Vail Pop Up Event— Presentation of a limited term use of Town -owned
commercial space (Unit 2, Vail Village Inn Phase V)
PRESENTER(S): George Ruther, Director of Housing
ACTION REQUESTED OF COUNCIL: The Vail Town Council is being asked to pass a motion
approving the limited term use of Town -owned commercial space (Unit 2, Vail Village Inn Phase V)
for a SoulCycle Pop Up Event and instructing the Town Manager to execute an agreement in a
form approved by the Town Attorney.
BACKGROUND: The purpose of this agenda item is to present the proposed limited term use
of the Town -owned commercial space located beneath the La Bottega restaurant in Vail (Unit 2,
Vail Village Inn Phase V) fora SoulCycle Vail Pop Up Event. SoulCycle, Inc. has the unique ability
to bring its inspirational instructors and pioneering indoor cycling classes on the road in order to
offer a true and custom designed SoulCycle experience anywhere in the world.
ATTACHMENTS:
Description
Staff Memorandum
Brand Information
Additional Documentation
October 2, 2018 - Page 30 of 76
TOWN OF VAIL.
Memorandum
To: Vail Town Council
From: George Ruther, Director of Housing
Date: October 2, 2018
Re: SoulCycle Vail Pop Up Event — Presentation of a limited term use of Town -owned commercial
space (Unit 2, Vail Village Inn Phase V)
I. Purpose
The purpose of this agenda item is to present the proposed limited term use of the Town -owned
commercial space located beneath the La Bottega restaurant in Vail (Unit 2, Vail Village Inn Phase V) for
a SoulCycle Vail Pop Up Event. SoulCycle, Inc. has the unique ability to bring its inspirational instructors
and pioneering indoor cycling classes on the road in order to offer a true and custom designed SoulCycle
experience anywhere in the world.
II. Background
SoulCycle, Inc. is a New York City -based fitness company with fitness studios in 13 U.S. states and 3
studio locations in Canada. Founded in 2006, it offers indoor cycling workout classes. SoulCycle
workouts are 45 -minute indoor cycling class featuring high-intensity cardio, muscle -sculpting strength
training, and rhythm -based choreography.
More than 82 studios have opened across the U.S. In addition to these studios, SoulCycle offers Pop Up
Events in select destinations, in part, to appeal to traveling SoulCycle members and expose new people
to SoulCycle workout classes. More recent SoulCycle Pop Up Event locations have included:
• Aspen, CO.
• Palm Beach, FL.
III. Proposed Request
• Martha's Vineyard, MA.
• Houston, TX.
The SoulCycle Vail Pop Up Event will occur over the upcoming 2018 Christmas/New Year's Holiday
season. The duration of the license term of the town -owned space will be from December 16, 2018
through January 7, 2019. According to event organizers, SoulCycle plans to host classes December 20,
2018 through January 5, 2019 with the remainder of the time set aside for set-up and break -down.
SoulCycle, Inc. has agreed to pay the Town of Vail a flat fee of $5,000 for 22 days of use of the space.
Classes will be offered each day with 5 — 6 classes per day. The temporary space will include an ancillary
retail space and check-in area, locker space, and a studio room with approximately 48 indoor cycles. The
October 2, 2018 - Page 31 of 76
actual number of classes held daily will be dependent upon demand. Classes are slated to begin daily at
8:00 am and continue through 12:00 pm with an afternoon class at 4:00 pm. SoulCycle does not plan to
keep the space open or host classes past 6:00 pm.
Music is a core element of SoulCycle's rhythm -based indoor cycling classes with dB levels of up to 100
dB. Event organizers shall be responsible for strictly adhering to the regulations and limitations adopted
by the VVI Phase V Homeowners Association.
To accommodate the studio space, SoulCycle will rearrange the existing layout, including altering a few
non-structural interior partial height walls. All existing interior enclosed office walls will remain,
however. All necessary permits and approvals are the obligation of the event organizers.
Exterior signs are also requested. Any exterior signs will be required to comply with the adopted sign
regulations of the Town of Vail and shall be subject to the additional review and approval of the VVI
Phase V Homeowners Association.
IV. Action Requested of the Vail Town Council.
The Vail Town Council is being asked to pass a motion approving the limited term use of Town -owned
commercial space (Unit 2, Vail Village Inn Phase V) for a SoulCycle Pop Up Event and instructing the
Town Manager to execute an agreement in a form approved by the Town Attorney.
2
October 2, 2018 - Page 32 of 76
2
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SoulCycle is more than just a work out.
SoulCycle is a visionary brand redefining health
and wellness through uni ue mind body soul
experiences that welcome all. We do this through
addictive product, community relationships, top
talent, and unparalleled hospitality.
In the darkness of our studios, our riders lose
themselves in the intoxication of the music and
the choreography.
By turning off the noise and turning on the
peace, they rediscover their best selves.
October 2, 2018 - Page 34 of 76
WEAREA
MOVEMENT
Our community is at the core of SoulCycle.
Our studios are vibrant community destinations.
More than simply combining retail, juice, and fitness,
we create an elevated lifestyle destination that
energizes the neighborhood and fosters connection.
Our retail's explosive growth is driven by our riders,
who want to own an extension of the brand and
look to our product as a way to sport SoulCycle
both during the ride and beyond the studio.
Our instructors deliver powerful experiences that
bring people together, inspiring and challenging
each rider to push themselves beyond what they
thought possible, both physically and mentally.
3
WE ARE
MOTIVATIONAL
COACHES
300+ INSTRUCTORS
Our instructors cultivate a following among their
riders, and as a result, are global brand
ambassadors with active social media followings
and engaged ridership.
OUR INSTRUCTORSARE DIVERSE
AND TALENTED
Athletes
Artists
Dancers
Performers
Motivational Coaches
4
October 2, 2018 - Page
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October 2, 2018 - Page 38 of 76
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October 2, 2018 - Page 39 of 76
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October 2, 2018 - Page 40 of 76
WITH 90 LOCATIONS BY 2019, WE ARE THE LARGEST
MULTI -BRAND WOMEN'S ATHLETIC APPAREL RETAILER
WE BREAK THE MOLD WITH OUR
LIFESTYLE APPAREL COLLECTIONS
We design 12 collections annually and
drop 40-50 new products all exclusive to
SoulCycle every month. Our retail is buy -
now -sell -now, with 80% of product
sold within the month.
Complimenting our best -in -class brand
partnerships, we are launching an in-
house brand - SOUL is co -designed by
our instructor community.
October 2, 2018 - Page 42 of 76
WE COLLABORATE WITH LEADING LIFESTYLE BRANDS
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October 2, 2018 - Page 43 of 76
OUR STUDIO DESIGN IS ELEVATED, THOUGHTFUL AND CLEAN
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October 2, 2018 - Page 44 of 76
WE CREATE A HOME AWAY FROM HOME
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SOCIAL MEDIA FOLLOWERS 744K
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8
,or :oyelriders.
This was quite a year. Together we celebrated our 11th
anniversary. introduced our Canadan friends to the magic of lap
backs. and went off the bide and onto the floor at SalArnex.
But outsde the walls of our studios. thugs have been a little more
compl caled n the world. We all felt e.
Despite the naso and stross you slowed up br us. You believed
in us. You made 0 to class when it snowed. when 1 was 100
degrees. and whon you had ono too many the right boloro. You
made Soul a priority tvtwn the ch0co was only yours to make
Thank you. Thank you for allowing us be your sanctuary.
When you walk through our doors. please know you're acceptod
and cotobratod. exactly as you are. In the darkness. i1's okay to
got lost in the intoxication of the music. the energy, and the pack
around you. Bocauso someomes you need to lose yourself. to find
yourself. To walk out of Gass a dlferent person than you walked
n. To find your SOUL.
Our doors are open 365 days a year. We hope you carry the
ncaco and joy you feel when we're together nto the new year.
October 2, 2018 - Pa ' Voll§ 7,� co
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THECEI EBRAT EVOINS
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WE ARE DEVOTED TO GIVING BACK
CHARITY RIDE
Since launch, SoulCycle has held thousands of
charity rides that give organizations of all sizes the
opportunity to come together and raise money for
their causes. In 2017 alone, SoulCycle hosted:
650+ charity rides
Raised more than $2.5 million for causes
such as ALS, Breast Cancer Awareness,
and New York City Public Schools
In total, we've raised $10 million
15
SOULSCHOLARSHIP
SoulScholarship's mission is to bring the benefits
and joy of fitness to underserved adolescents.
Students receive classes, workout gear, healthy
snacks, and public transportation at each visit.
With inspiring music, motivational coaching, and a
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more than 450 SoulScholars in NYC, Chicago,
DC, and LA the tools they need to lead healthier,
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October 2, 2018 - Page 51 of 76
Destination SOUL Aspen
Address: 534 E Cooper Ave, Aspen CO 81611
3,200 sq. ft.
Components
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- Check In Area
- Full Retail Collection
- Two Restrooms
- Changing Area
soulcycle
October 2, 2018 - Page 53 of 76
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Destination SOUL Martha's Vineyard
Address: 250 Upper Main Street, Edgartown MA 02539
1,600 sq. ft.
Components
- 50 Bike Studio
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- Full Retail Collection
- Two Restrooms
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PI IRE ME MN
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October 2, 2018 - Page 54 of 76
Destination SOUL Palm Beach'
Address: 150 Royal Poinciana Plaza, Palm Beach FL
2,700 sq. ft.
Components
- 60 Bike Studio
- Check In Area
- Full Retail Collection
- One Restroom
- Changing Area
soulcycle
October 2, 2018 - Page 55 of 76
Aspen Food & Wine
Address: Exterior Studio at a private home in Aspen
Components
- 51 Bike Studio
- Check In Area
- One Restroom
- Changing Area
Suu1C:yuie
October 2, 2018 - Page 56 of 76
Target Launch Event
Address: 60 Tenth Ave, NY NY
6,500 sq. ft.
Components
- 150 Bike Studio
- Check In Area
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October 2, 2018 - Page 57 of 76
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 15, Series of 2018, Second Reading, An Ordinance Amending
Section 12-10-17, Leasing of Parking Spaces, Vail Town Code.
PRESENTER(S): Chris Neubecker, Planning Manager
ACTION REQUESTED OF COUNCIL: Town Council is asked to approve Ordinance No. 15,
Series of 2018 on second reading.
BACKGROUND: The existing regulations on the leasing of parking spaces in the Town of Vail
were first adopted in 1977, and the last significant modification was in 1985. The current
regulations are obsolete, and have not resulted in significant applications to lease parking spaces.
New technology can help to identify vacant, available parking spaces, but the existing regulations
needs to be amended to facilitate, and in some cases legalize, short term leasing of parking. The
proposed regulations will open additional areas where short term leasing of parking spaces is
allowed, while protecting the character of low density residential neighborhoods.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance No. 15, Series of
2018 on Second Reading.
ATTACHMENTS:
Description
Ordinance No. 15, Series of 2018, Leasing of Parking Spaces - Staff Memorandum
Ordinance No. 15, Series of 2018
Leasing of Parking Spaces - Map of Zone Districts
October 2, 2018 - Page 58 of 76
TOWN OF VAIL'
Memorandum
To: Vail Town Council
From Community Development Department
Date: October 2, 2018
Subject: Second reading of Ordinance No. 15, Series of 2018, an ordinance amending
Section 12-10-17, Leasing of Parking Spaces, Vail Town Code, to modify the
regulations applicable to the short-term leasing of private parking spaces, and
setting forth details in regard thereto. (PEC18-0028)
Applicant: Town of Vail
Planner: Chris Neubecker
I. SUMMARY
The applicant, Town of Vail, is requesting a second reading of Ordinance No. 15, Series
of 2018 for a Prescribed Regulations Amendment to amend Section 12-10-17, Leasing
of Parking Spaces, Vail Town Code, to amend the regulations applicable to the short-
term leasing of private parking spaces. The current Town Code only allows leasing of
parking under limited circumstances; the Town is requesting an amendment to the code
in order to facilitate the short term leasing of parking spaces by adding zone districts
where leasing of parking spaces would be allowed, and by simplifying the regulations.
Based on input received from the Town Council at first reading, staff has provided a
recommended change to the ordinance, to address the zone districts where leasing of
parking spaces would be allowed, to include the Parking (P) zone district, as well as
Special Development Districts with no underlying zone districts, if in compliance with
any parking restrictions otherwise imposed by the Special Development District. This
change will ensure that parking can be leased at the parking structure in the Cascade
Village.
As requested by Council, we have also included language concerning electronic
reservations for parking spaces, to require on the reservation page a contact name and
telephone number of a person or business to contact in case of a problem or conflict
with a parking space.
October 2, 2018 - Page 59 of 76
II. PLANNING AND ENVIRONMENTAL COMMISSION RECOMMENDATION
On August 27, 2018 the Planning and Environmental Commission (PEC) voted 6-0 to
recommend that the Vail Town Council approve Ordinance No. 15, Series of 2018,
upon first reading.
This recommendation was based upon the review of the criteria outlined in Section V of
the August 27, 2018 memorandum to the Planning and Environmental Commission, and
the evidence and testimony presented.
III. BACKGROUND
The existing regulations in place on the leasing of parking spaces in the Town of Vail
were first adopted in 1977, and the last significant modification was in 1985. Other
minor modifications to the regulations have taken place since these dates, but have not
resulted in significant changes to the regulations. The current regulations are obsolete,
and have not resulted in significant applications to lease parking spaces. Staff is aware
of only one (1) property that has leased parking spaces through the existing regulations.
If there are other parking spaces being leased on a short term or long term basis, staff
is not aware of them, and they have not been identified to the Town as a problem.
IV. PROPOSED TEXT AMENDMENT LANGUAGE
The proposed amendments include repealing and replacing Section 12-10-17, Leasing
of Parking Spaces, Vail Town Code. The effects of the proposed ordinance include the
following:
• Removing the requirement for a permit;
• Removing the requirement for a parking utilization study;
• Eliminating the minimum size of an eligible parking lot (Current requirement is a
parking lot with at least ten (10) parking spaces);
• Prohibiting leasing of parking spaces where access is required through an
established pedestrian mall;
• Requiring written approval for leasing parking spaces on commonly owned
property (HOA property, for example);
• Requiring on-site signage identifying a name and telephone number for the
person or management company to contact concerning parking disputes; and
• Adding more zone districts where leasing of parking spaces is allowed. These
zone districts include higher density residential and commercial areas, while
eliminating lower density residential zone districts.
• Zone districts where leasing of parking is currently allowed include:
➢ Commercial Core 1
➢ Commercial Core 2
➢ Commercial Core 3
Town of Vail Page 2
October 2, 2018 - Page 60 of 76
➢ High Density Multiple Family
➢ Vail Village Townhouse
➢ Public Accommodation
➢ Lionshead Mixed Use 1
➢ Lionshead Mixed Use 2
➢ Special Development District
• New zone districts where leasing of parking spaces would also be allowed by this
ordinance include: (Note: Language shown in bold is a proposed change from
first reading).
➢ General Use
➢ Arterial Business
➢ Public Accommodation 2
➢ Commercial Service Center
➢ Ski Base Recreation
➢ Ski Base Recreation 2
➢ Parking
➢ Special Development District in which one of the foregoing zone districts is
the underlying zone district
➢ Special Development District with no underlying zone district, in
compliance with any parking restrictions otherwise imposed by the
Special Development District.
The Vail Town Council requested the ordinance be amended on second reading to
address electronic reservations. The Council suggested including language in the
ordinance to require that reservation agencies include on their website a contact name
and telephone number of the person, agency or business to contact in case of a
problem or conflict with the use of a reserved parking space. Based on this request, the
following additional language is included in the ordinance for second reading:
E. Contact Information: Any person who accepts electronic
reservations for the leasing of parking spaces pursuant to this Section
shall include on the reservation page a contact name and telephone
number in case of any problems with the leased parking spaces.
Signage
Upon further consideration of proposed signage requirements, the Community
Development Department believes that requiring signage for leased parking spaces
could lead to clutter if several parking spaces are leased on a single site, particularly if
the spaces are owned or managed by different people, thus requiring separate signs.
There are a number of ways that parking spaces may be identified, including unit names
or space numbers posted on a wall, using free standing posts, or painted on the ground.
Alternative language that could be included in the ordinance is suggested below:
D. Signage: Any person leasing parking spaces under this Section shall post
adcquatc signagc on the premises clearly identify the leased parking space
Town of Vail Page 3
October 2, 2018 - Page 61 of 76
on site to ensure that the leased parking spaces are used and occupied in
accordance with the applicable lease agreement. At least one (1) on-site sign
shall includc thc namc and tcicphonc numbcr of thc person to contact
concerning parking disputes.
If the Town Council supports this suggested language, we recommend it be included in
any motion. Alternately, the Council may choose to leave the language as proposed in
the attached ordinance, and if problems arise in the future staff can present an
ordinance at that time to address the issues.
V. ACTION REQUESTED OF THE TOWN COUNCIL
Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2018,
upon second reading, the Planning and Environmental Commission recommends the
Council passes the following motion:
"The Vail Town Council approves, on second reading, Ordinance No. 15, Series
of 2018, an ordinance amending Section 12-10-17, Leasing of Parking Spaces,
Vail Town Code, to modify the regulations applicable to the short-term leasing of
private parking spaces, with the modification to the ordinance, and setting forth
details in regard thereto."
Should the Vail Town Council choose to approve Ordinance No. 15, Series of 2018, the
Planning and Environmental Commission recommends the Council makes the following
findings:
"Based upon the review of the criteria outlined in Section VI of the Staff memorandum to
the Planning and Environmental Commission dated August 27, 2018, and the evidence
and testimony presented, the Vail Town Council finds:
1. That the amendment is consistent with the applicable elements of the adopted
goals, objectives and policies outlined in the Vail Comprehensive Plan and
compatible with the development objectives of the town; and
2. That the amendment furthers the general and specific purposes of the sign
regulations; and,
3. That the amendment promotes the health, safety, morals, and general welfare of
the town and promotes the coordinated and harmonious development of the town
in a manner that conserves and enhances its natural environment and its
established character as a resort and residential community of the highest
quality.
VI. ATTACHMENTS
A. Ordinance No. 15, Series of 2018
B. Map of Proposed Zone Districts
Town of Vail Page 4
October 2, 2018 - Page 62 of 76
ORDINANCE NO. 15
SERIES 2018
AN ORDINANCE AMENDING SECTION 12-10-17 OF THE VAIL TOWN
CODE TO MODIFY THE REGULATIONS APPLICABLE TO THE
SHORT-TERM LEASING OF PRIVATE PARKING SPACES
WHEREAS, on December 20, 1977 the Vail Town Council adopted Ordinance
34, Series of 1977, regulating the leasing of private parking spaces in the Town;
WHEREAS, the existing regulations are obsolete and need to be updated to
reflect current community parking needs and priorities;
WHEREAS, amending the regulations will provide a benefit to visitors to Vail
through additional parking options, while protecting the residential character of low-
density residential neighborhoods;
WHEREAS, the proposed amendments are supported by the Vail Town Council
Action Plan 2018-2020 and the Vail Land Use Plan;
WHEREAS, on August 27, 2018 the Planning and Environmental Commission
held a properly -noticed public hearing on the proposed amendments and forwarded a
recommendation of approval to the Vail Town Council; and
WHEREAS, on September 18, 2018, the Vail Town Council held a properly -
noticed public hearing on the proposed amendments to Section 12-10-17 of the Vail
Town Code.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Section 12-10-17 of the Vail Town Code is hereby repealed in its
entirety and reenacted as follows:
12-10-17: LEASING OF PARKING SPACES:
A. General: Except as expressly provided in this Section, no person shall
lease, rent, convey or restrict the use of any parking space to any person other
than a tenant, occupant or user of the building for which the space is required.
B. Eligibility: A parking space may be leased in accordance with the
following:
1. Zone Districts: Any person who owns or manages private parking
spaces located the following zone districts may lease parking spaces in
accordance with this Section: Commercial Core 1; Commercial Core 2;
Commercial Core 3; High Density Multiple -Family; Vail Village Townhouse;
Public Accommodation; Public Accommodation 2; General Use; Commercial
1
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LEASING OF PARKING SPACES SECOND READING.DOCX
October 2, 2018 - Page 63 of 76
Service Center; Arterial Business; Ski Base Recreation; Ski Base Recreation 2;
Lionshead Mixed Use 1; Lionshead Mixed Use 2; Parking; any Special
Development District in which one of the foregoing zone districts is the underlying
zone district; and Special Development District with no underlying zone
district, in compliance with any parking restrictions otherwise imposed by
the Special Development District.
2. Prohibited Areas: The leasing of parking spaces is prohibited in
any area where vehicle access to said parking spaces is over or through an
established pedestrian mall.
3. Common Areas: The leasing of parking spaces on commonly
owned property, including without limitation common areas within a common
interest community, requires the written approval of the applicable homeowners
or condominium association, a copy of which shall be provided to the Town prior
to leasing any parking spaces.
4. Duration: Leasing is permitted for short term parking only, and
long-term storage of vehicles is prohibited.
5. Rental Agencies: Vehicle rental agencies may lease parking
spaces only in the Commercial Core 3 zone district, with a maximum of one
lease and a maximum of fifteen (15) parking spaces per site.
C. Required Parking: Parking required by this Title for any use may not be
satisfied by the leasing of parking spaces under this Section.
D. Signage: Any person leasing parking spaces under this Section shall post
adequate signage on the premises to ensure that the leased parking spaces are
used and occupied in accordance with the applicable lease agreement. At least
one (1) on-site sign shall include the name and telephone number of the person
to contact concerning parking disputes.
E. Contact Information: Any person who accepts electronic
reservations for the leasing of parking spaces pursuant to this Section
shall include on the reservation page a contact name and telephone
number in case of any problems with the leased parking spaces.
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 as
provided in this ordinance shall not affect any right which has accrued, any duty
2
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LEASING OF PARKING SPACES SECOND READING.DOCX
October 2, 2018 - Page 64 of 76
imposed, any violation that occurred prior to the effective date hereof, any prosecution
commenced, nor any other action or proceeding as commenced under or by virtue of
the provision amended. The amendment of any provision hereby shall not revive any
provision or any ordinance previously repealed or superseded unless expressly stated
herein.
Section 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 18th day of September, 2018
and a public hearing for second reading of this Ordinance is set for the 2nd day of
October, 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 2nd day of October, 2018.
ATTEST:
Patty McKenny, Town Clerk
3
Dave Chapin, Mayor
9/26/2018
S:ICOMMUNITY DEVELOPMENTBOARDSITOWN COUNCILIORDINANCES1181ORDINANCE NO. 15 SERIES OF 2018
LEASING OF PARKING SPACES SECOND READING.DOCX
October 2, 2018 - Page 65 of 76
Zoning District Legend
Vail Village Townhouse
Cascade Village Area A
Parking
General Use
Arterial Business
Ski Base/Recreation 2
Public Accommodation -2
Ski Base/Recreation
Commercial Service Center
Public Accommodation
Lionshead Mixed Use 2
Lionshead Mixed Use 1
High Density Multiple -Family
Commercial Core 3
Commercial Core 2
Commercial Core 1
Das Schone /
Vail Heights
Lionsridge /
Buffehr Creek
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This map was created by the Town of Vail Community Development Department. Use of this map should be for general purposes only.
The Town of Vail does not warrant the accuracy of the information contained herein.
(where shown, parcel line work is approximate)
TOWN Of 9
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Ordinance No. 16, Series of 2018, Second Reading, An Ordinance Amending
Chapter 8 of Title 7 of the Vail Town Code Regarding Low -Speed Electric Vehicles and Golf Cars
PRESENTER(S): Tom Kassmel, Town Engineer
ACTION REQUESTED OF COUNCIL: Table Ordinance No. 16, Series of 2018 to October
16, 2018 Town Council meeting.
BACKGROUND: Pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate the
operation of low -speed electric vehicles and golf cars within its jurisdiction. Review draft legislation
which addresses allowing electric vehicles on town streets. Several hotels are currently using
electric vehicles to transport skis and guests to the mountain. Topics to consider might include
identifying a drop off location as well as identifying which streets would be accessed by
these vehicles.
ATTACHMENTS:
Description
Ordinance No. 16, Series of 2018
Documents sent from The Lion
October 2, 2018 - Page 67 of 76
ORDINANCE NO. 16
SERIES 2018
AN ORDINANCE AMENDING CHAPTER 8 OF TITLE 7 OF THE VAIL
TOWN CODE, REGARDING LOW -SPEED ELECTRIC VEHICLES AND
GOLF CARS
WHEREAS, pursuant to C.R.S. § 42-4-111, the Town is empowered to regulate
the operation of low -speed electric vehicles and golf cars within its jurisdiction.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 8 of Title 7 of the Vail Town Code is hereby repealed in its
entirety and reenacted to read as follows:
CHAPTER 8
LOW -SPEED ELECTRIC VEHICLES AND GOLF CARS
7-8-1: DEFINITIONS:
For purposes of this Chapter, the following terms shall have the following
meanings:
GOLF CAR: A self-propelled vehicle with: a design speed of Tess than
twenty (20) miles per hour; at least three (3) wheels in contact with the
ground; an empty weight of not more than one thousand three hundred
(1,300) pounds; and a carrying capacity of not more than four (4) persons.
LOW -SPEED ELECTRIC VEHICLE (LSEV): A vehicle that: is operated
by a licensed driver; is self-propelled utilizing electricity as its primary
propulsion method; has at least three (3) wheels in contact with the
ground; does not use handlebars to steer; exhibits the manufacturer's
compliance with 49 C.F.R. 565 or displays a seventeen -character vehicle
identification number pursuant to 49 C.F.R. 565; and complies with 49
C.F.R. 571.500.
7-8-2: GOLF CARS:
The Vail Golf Course and its employees may use and operate golf
cars at the Vail Golf Course for loading and delivery operation and golf
operations and maintenance. Persons playing golf at Vail Golf Course are
permitted to use golf cars on the Vail Golf Course, but individual use of
golf cars outside of Vail Golf Course operations is prohibited. Golf cars
shall at all times yield to pedestrians, bicycles and motor vehicles.
1
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October 2, 2018 - Page 68 of 76
7-8-3: LOW SPEED ELECTRIC VEHICLES:
A. An LSEV shall only be used for the transportation of persons
and their belongings on Town streets with speed limits not exceeding
thirty-five (35) miles per hour.
B. An LSEV may only be operated on Town streets if:
1. The operator holds a valid driver's license;
2. The LSEV is properly equipped and registered as provided
by law;
3. The owner of the LSEV holds a complying insurance policy
or certificate of self-insurance;
4. The LSEV is not carrying a greater number of passengers or
load than that specified by the manufacturer;
5. The driver and passengers are all seated in seats designed
and intended for such purpose; and
6. The driver and all passengers comply with the Model Traffic
Code, this Code and other applicable law.
7-8-4: DESIGNATED AREAS:
A. Golf cars: Other than their permitted uses on Vail Golf
Course property, employees of Vail Golf Course may operate golf cars
and travel on the following Town roadways related to Vail Golf Course
operations:
1. Sunburst Drive from the Vail Golf Course Clubhouse to Vail
Valley Drive;
2. Vail Valley Drive from Sunburst Drive to the crossover from
hole six (6) to hole seven (7); and
3. Golf cars may also cross Sunburst Drive between holes one
(1) and two (2) and holes eight (8) and nine (9);
B. LSEVs: A LSEV may be operated upon any public street in
the Town where the posted speed limit is thirty-five (35) miles per hour or
less.
C. Ford Park: LSEVs and golf cars may travel on the paved
paths immediately surrounding Ford Park and the Gerald Ford
Amphitheater, including the two (2) paved parking lots, but may not travel
2
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October 2, 2018 - Page 69 of 76
on any sidewalk bordering the South Frontage Road. The Town may limit
the total number of golf cars or LSEVs allowed in Ford Park at any one
time.
7-8-5. EXEMPTIONS:
A. The Town recognizes that golf cars and LSEVs can be
useful tools to assist the elderly and handicapped in certain situations, and
grants the Chief of Police or designee the power to approve limited,
controlled use of golf cars when specially requested in other areas of the
Town. Such uses shall not include travel on any frontage road, Interstate
70 or Bighorn Road, and may not exceed a distance of one-quarter (1/4)
mile from their point of origin when in operation.
B. The Chief of Police or designee may also designate a
section of Vail Valley Drive from Northwoods condominiums to the east
end of the soccer field as open to approved golf car travel during special
community events for associated travel.
7-8-6: PROHIBITIONS:
cars:
A. The following acts are prohibited in the operation of golf
1. Engaging in the transport of either passengers or goods,
which are neither employees or patrons of Vail Golf Course nor
property belonging to the same.
2. Picking up or dropping off employees along any public
roadway.
3. Traveling on any dedicated recreation path or sidewalk not
specifically indicated in this Chapter.
4. Traveling on any portion of roadway not specifically
permitted by this Chapter.
B. The following acts are prohibited in the operation of LSEVs:
1. Traveling on any dedicated recreation path or sidewalk not
specifically permitted by this Chapter.
2. Traveling on any roadway not specifically permitted by this
Chapter.
3. Operating a LSEV on a state highway in the Town, except
that a LSEV may be operated to directly cross a state highway that
has a speed limit greater than thirty-five (35) miles per hour at an
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October 2, 2018 - Page 70 of 76
at -grade crossing to continue traveling along a roadway with a
speed limit equal to or less than thirty-five (35) miles per hour.
C. It is unlawful for a person under the age of eighteen (18) to
operate or ride in a golf car or LSEV on a public street without being
secured by at least a two-point safety harness (seat belt), except for a
person with a physically or psychologically disabling condition whose
physical or psychological disability prevents appropriate restraint by a
safety harness.
7-8-7: VIOLATION; PENALTY:
A. It is unlawful to violate any provision of this Chapter.
B. Violations of this Chapter shall be punished as provided in
Section 7-1-6.
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 4th day of September, 2018 and
a public hearing for second reading of this Ordinance is set for the day of
, 2018, in the Council Chambers of the Vail Municipal Building, Vail,
Colorado.
ATTEST:
Patty McKenny, Town Clerk
4
Dave Chapin, Mayor
9/13/2018
IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018.DOT
October 2, 2018 - Page 71 of 76
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this day of , 2018.
ATTEST:
Patty McKenny, Town Clerk
5
Dave Chapin, Mayor
9/13/2018
IIVWS-STORAGEIDESKTOPS$1TNAGELIDESKTOPIORDINANCE NO 16, SERIES OF 2018. DOT
October 2, 2018 - Page 72 of 76
Tammy Nagel
From: Matt Mire <jmm@hpwclaw.com>
Sent: Thursday, September 13, 2018 3:41 PM
To: Tammy Nagel
Subject: FW: Low Speed Electric Vehicle
Attachments: TOV Vehicle Voicemail.m4a; Email from TOV code enforcement.5.02.18.docx; Legal
Information Institute.pdf; Revised Statutes.pdf; TOV 7-8-1 Neighborhood Electric
Vehicles.pdf
From: Richard Travers <rtravers@wtpvail.com>
Sent: Monday, June 11, 2018 11:53 AM
To: Matt Mire <jmm@hpwclaw.com>
Subject: Low Speed Electric Vehicle
Matt,
As a follow-up to our call last week discussing The Lion Association's use of a low -speed electric vehicle (LSV), I am
writing to provide a brief outline of the situation and applicable law, as follows:
1. The Lion investigated with the Town prior to purchasing its LSV and received the attached phone message from
Jesse Parros at Code Enforcement. In reliance on that message, the HOA purchased its LSV for use between The
Lion and Arrabelle for the drop-off of guests and skies. It is a short distance along roads posted at 15 mph and
the LSV was chosen, not only for convenience of guests, but also as a clean -energy alternative to van
shuttling. Since the purchase of the LSV, The Lion received the attached email from Randy Braught at the Town
citing the Town's Neighborhood Electric Vehicles Ordinance and deeming use of the LSV improper on Town
roads.
2. LSVs are very new and most jurisdictions are unclear on exactly what they are. To summarize, a LSV is not a golf
cart. A golf cart has a serial number while an LSV receives a full 17 character VIN registration number, meaning
that it meets stringent federal manufacturing requirements necessary to qualify it as road -legal under Colorado
law. The safety measures include such items as seat belts, headlamps and taillamps, turning signals, windshields
with wipers, and side mirrors, all of which must meet federal safety manufacturing guidelines. [See attached
federal regulation, 49 -CFR 571.500] A golf cart, due to how it was originally manufactured, could never be
registered as a LSV.
3. A LSV, by reason of its VIN number, qualifies it as a Tax Class C vehicle under Colorado Statute 42-4-109.5. As
such, the LSV can be titled and registered with the Colorado Department of Motor Vehicles and receive a license
plate, which permits it to be operated on roads posted at no more than 35 mph. [copy of 42-4-109.5 is
attached]
4. The LSV purchased by The Lion Association has been registered with the Colorado DMV, has a valid state license
plate and has all required insurance under Colorado law.
5. It is our position that The Lion Association's LSV is not a Neighborhood Electric Vehicle (NEV) and does not fall
under the requirements of the Town's NEV Ordinance, which is designed to regulate unregistered golf carts that
possess neither the stringent safety equipment of a LSV nor the state law authority to operate on roads. [Town
NEV Ordinance is also attached here.]
We respectfully request that the Town recognize The Lion Association's LSV as permitted to operate on Town roads in
accordance with Colorado law. Its use would not only represent a safe use on the low -speed roads on which it is
planned to operate, but would also represent an attractive alternative to high -emission vehicles. Please feel free to
contact me with any questions. Thank you.
Best regards,
Rick
Richard D. Travers
(970) 790-1602
rtravers@wtpvail.com
IJV T P WEAR TRAVERS PERKINS u.c
Riverwalk -1st&Main I 97 Main StreetE2O2 1 Edwards, Colorado 81632 1 970.476.7646 www.wtpvaiI.corn
1
October 2, 2018 - Page 73 of 76
CONFIDENTIALITY NOTICE
This electronic mail transmission and any attachments contain information belonging to the sender which may be confidential
and legally privileged. This information is intended only for the use of the individual or entity to whom this electronic mail
transmission was sent as indicated above. If you are not the intended recipient, any disclosure, copying, distribution, or action
taken in reliance on the contents of the information contained in this transmission is strictly prohibited. If you have received
this transmission in error, please immediately inform me by "reply" email and delete the message. Thank you.
2
October 2, 2018 - Page 74 of 76
5/02/18 text copy of email from Randy Braucht:
Andrew,
Thank you for sending the information over. I tried calling you, but did not want to delay a response to
you any longer than necessary.
While Title 42 of the Colorado Revised Statutes defines your vehicle as a low -powered electric vehicle,
their use on the public roads in the Town of Vail is not allowed under town ordinance. That Town of Vail
is chartered as a home -rule municipality, which grants the Town Council the ability to make such
regulation. Town ordinance 7-8-1 Neighborhood Electric Vehicles specifically prohibits their use; with
very little exception. Also by definition, the vehicle you have described and other low powered electric
vehicles defined under Title 42-1-102, meet the TOV ordinance definition of a neighborhood electric
vehicle. I've attached a copy of this ordinance for your review.
In addition to their use on public roadways being prohibited, neighborhood electric vehicles have no
permitted use in "Commercial Core II," which is the Lionshead area (TOV Ord 7-8-4). Finally, the use of a
neighborhood electric vehicle "engaging in the transport of either passengers or goods, which are
neither employees of nor property belonging to, the commercial entity" is prohibited (TOV Ord. 7-8-6).
A violation of this ordinance is a misdemeanor traffic offense, with shared liability amongst both the
operator and the commercial entity that owns the electric vehicle.
I understand and fully appreciate your statement of understanding the potential community
ramifications and your desire to be a good neighbor. You are well within your right to take this matter
before Town Council for review, and/or recommendation. However, after consulting with the Town
Attorney, at this point the use of your electric vehicle upon the roadways in the Town of Vail will not be
allowed.
Respectfully,
Randy Braucht
Acting Patrol Sergeant #211
Vail Police Department
TOWN OF VAIL
970.479.2200
970.391.3231 cell
970.479.3434 fax
vail911.com
twitter.com/vailgov
October 2, 2018 - Page 75 of 76
VAIL TOWN COUNCIL AGENDA MEMO
ITEM/TOPIC: Adjournment at 7:35 pm (estimated)
TOWN Of UAIL
October 2, 2018 - Page 76 of 76