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HomeMy WebLinkAbout2019-06-18 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Agenda Town Council C hambers 11:00 AM, June 18, 2019 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 on any agenda item may be solicited by the Town Council. 1.Joint meeting with Eagle County Commissioners and Emergency Manager Birch 1.1.J oint meeting with Eagle County Commissioners and Emergency Manager Birch (@ county offices) 120 min. Background: Council will depart from the municipal building at 11:10 am and return approximately at 2:30 pm. The regular meeting will begin at 2:45 pm. 2.Regular Afternoon Meeting Begins at 2:45 p.m. 3.Presentation / Discussion 3.1.100% Renewable Energy - PuRE Program Resource Selection 15 min. Presenter(s): Kristen Bertuglia, Environmental Sustainability Manager Action Requested of Council: Staff requests the Vail Town Council select the resource mix for the participation in the PuRE program, or alternatively, provide staff with direction on what information Council requires to make this determination. Background: Resolution No. 23, Series of 2019 was approved by the Vail Town Council on May 21, 2019, allowing all town electricity to come from renewable sources. The Council will discuss whether the renewable resource should be wind, solar, or hydro-electric power, or a combination thereof. Staff Recommendation: Staff originally recommended a 100% wind power purchase due to cost. However, given the other considerations of the Vail Town Council (habitat and wildlife impacts, in-state development, ability to drive additional renewable development, etc.) all individual, or a combination of resource options are viable. 3.2.I nntopia/ Destimetrics Seasonal Update 30 min. Presenter(s): Tom Foley, I nntopia/ Destimetrics Background: Tom Foley will present a look back at the W inter 2018-2019 season and provide a brief outlook of Summer 2019 season. 3.3.Upcoming Election Update - Format and Timeline 10 min. Presenter(s): Tammy Nagel, Town Clerk Background: The Town of Vail Clerk’s office will be conducting an at-the-poll election on November 5, 2019 to elect members of the Vail Town Council. June 18, 2019 - Page 1 of 122 The memorandum includes the 2019 election calendar; which outlines important deadlines for candidates. 3.4.2018 E HU Compliance Update 10 min. Presenter(s): George Ruther, Housing Director Background: The purpose of this memorandum is to provide an update to the Vail Town Council on the status of the deed-restriction compliance efforts that have been underway by the Town’s Housing Department since December, 2018. Unless directed otherwise, the Housing Department shall maintain the Town’s Compliance Policy of 100% verification and zero- tolerance for non-compliance. The consequences of this policy will likely result in summons to appear in court for violating the terms of the recorded deed-restriction. 3.5.Proposed Policy Updates for Town of Vail Commemorative Bench Program 20 min Presenter(s): Greg Hall Director of Public Works/Tranportation Action Requested of Council: Staff recommends that the Town Council review the recommended policy update for the Commemorative Bench Program and direct staff accordingly. Background: The Town of Vail Commemorative Bench Program was introduced in 2001. A formal process was put in place in which the public could purchase a commemorative bench for a 10-year term at a cost of $2,000. The popularity of the program has exceeded the Town’s ability to place additional commemorative benches in requested locations (currently have 29 new requests unfilled since 2017). Given the administrative and resource challenges associated with the current policy, an internal staff team was formed with representation from Public W orks, Economic Development, Communications and the Town Manager ’s Office to develop recommendations to help streamline and sustain the program long-term. Staff Recommendation: Staff recommends that the Town Council review the following policy questions regarding an update to the Commemorative Bench Program: 4.D R B / P E C Update (5 min.) 4.1.D RB / P E C Update Presenter(s): Chris Neubecker, Planning Manager 5.Information Update (5 min.) 5.1.May 6 2019 A I P P Meeting Minutes 5.2.Minutes from the May 1, 2019 C S E Meeting 6.Matters from Mayor, Council and Committee Reports (10 min.) 6.1.Boards Appreciation Night Date August 27, 2019 Bone Diggers for Boards Appreciation Night 7.Executive Session 7.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to 10 min. June 18, 2019 - Page 2 of 122 determine positions, develop a strategy and instruct negotiators, Regarding: potential real property acquisition Presenter(s): Matt Mire, Town Attorney 8.Recess 8.1.Recess 4:40 p.m. (estimate) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media website the week following meeting day, www.highfivemedia.org. Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48 hour notification dial 711. June 18, 2019 - Page 3 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J oint meeting with Eagle County Commissioners and E mergency Manager B irch (@ county offices) B AC K G RO UND: Council will depart from the municipal building at 11:10 am and return approximately at 2:30 pm. T he regular meeting will begin at 2:45 pm. AT TAC H ME N TS: Description Joint Agenda 061819 Council E M Information 2019 Elected Officials Senior Executives Quick Reference Guide Checklist for Mayors, Managers Elected Officials Policy Group Plan County Disaster Declaration Process June 18, 2019 - Page 4 of 122 VAIL EAGLE COUNTY JOINT MEETING AGENDA TUESDAY JUNE 18, 2019 12-2 PM 500 BROADWAY, EAGLE *Please arrive 11:45 for lunch/networking 12:00-1:00 PM - Emergency Operations Center Emergency Management for Policy Makers (and working lunch)  The Critical Role of Policy Makers during an Emergency  Roles & Relationships: Town, County, State, and Federal Government  Emergency Operations Plan Overview (County EOP & Town of Vail EOP)  Emergency Declaration Process Scenario Walkthrough 1:00-2:00 PM – Eagle County Room Non-Emergency Policies for Discussion  Housing  Transportation June 18, 2019 - Page 5 of 122 Town Council Emergency Management Information Reference- June 2019 Town of Vail Charter Section 4.11 - Emergency Ordinances: Emergency ordinances for the preservation of public property, health, welfare, peace, or safety, shall be approved only by the unanimous vote of councilmembers present or a vote of five (5) councilmembers, whichever is less. The facts showing such urgency and need shall be specifically stated in the measure itself. No ordinance making a grant of any special privilege, levying taxes, or fixing rates charged by any town-owned utility shall be passed as an emergency measure. An emergency ordinance shall require passage at one (1) meeting of council. However, neither a public hearing nor a first publication as provided in section 4.10 of this charter shall be required. An emergency ordinance shall take effect upon final passage. One publication shall be required within ten (10) days after passage, or as soon thereafter as possible. (Charter amd. 11-6-2012: 1972 Charter) Section 9.10 - Amendments After Adoption: (a) Supplemental Appropriations. If, during the fiscal year, the manager certifies that there are available for appropriation revenues in excess of those estimated in the budget, the council by ordinance may make supplemental appropriations for the year up to the amount of such excess. (b) Emergency Appropriations. To meet a public emergency affecting life, health, property or the public peace, the council may make emergency appropriations. Such appropriations may be made by emergency ordinance in accordance with provisions of section 4.11 of this charter. To the extent that there are no available unappropriated revenues to meet such appropriations, the council may by emergency ordinance authorize the issuance of emergency notes, which may be renewed from time to time, but the emergency notes and renewals of any fiscal year will be paid no later than the last day of the fiscal year next succeeding that in which the emergency appropriation was made. Section 13.5 – Emergency Powers: In case of riot, insurrection, or extraordinary emergency, the town manager shall assume the authority to execute any action necessary for the protection of life and property. Such authority may include but not be limited to establishing regulations governing conduct and activities related to the cause of the emergency, and if the emergency situation continues, the town manager shall convene the council who may take such action as it deems necessary. In the event it becomes necessary, the line of succession provided in section 13.6 of this charter shall be followed. (1972 Charter) Section 13.6 - Continuity Of Government: The council shall have the power to provide for continuity of government of the town of Vail in the event of natural or enemy caused disaster. Such power shall be employed in a manner which will preserve representative government in the town of Vail, and which will provide an orderly line of succession of officers, notwithstanding the provisions of this charter. Such succession shall commence with the town manager, the mayor and the mayor pro tem and shall then revert to the councilmembers by order of seniority, then through an orderly line of succession of the administrative department heads. (Charter amd. 11-6-2012: 1972 Charter) June 18, 2019 - Page 6 of 122 Town of Vail Emergency Operations Plan - 2014 Version Policy References This Emergency Operations Plan (EOP) should provide the necessary guidance for the personnel who have responsibilities to provide their services for the protection of lives, property, and the environment within the incorporated areas of the Town of Vail. The EOP serves as the foundation for the further development of detailed plans, procedures, and databases, to enable efficient, cost effective implementation of response activities. Each organization and agency which has a role in this plan or its elements should develop Standard Operating Procedures (SOPs) which provide step-by-step instructions for accomplishing assigned functions. The Town of Vail EOP is based upon an operational structure utilizing the Incident Command System (ICS) and National Incident Management System (NIMS) to coordinate emergency response and recovery operations as adopted per Town Council Resolution 2 (April 2005). The ICS/NIMS provides a framework designed to standardize incident management for all types of hazards and across all levels of government. The Eagle County EOP is based upon an operational structure utilizing Emergency Support Functions (ESF’s). They are mechanisms for grouping functions most frequently used to provide county support both for declared disasters and emergencies under the Stafford Act and for non- Stafford Act incidents. In the event that an incident scales to such magnitude or complexity that neighboring county, regional and state resources may be needed to support the incident, the Town of Vail will function under the structure of the County Emergency Operations Center (EOC) utilizing the ESF model, as outlined within this EOP. The EOP is a flexible document. It is recognized that changes from the content of this plan can, and will, occur due to the unique nature of emergencies. This deviation, using initiative and common sense, is authorized in order to adapt to the specific emergency and to promote public safety. 1.1 Purpose The purpose of the Town of Vail EOP is to establish a comprehensive, all hazards approach to incident management across a spectrum of emergency management activities in order to protect the lives and property of the citizens in the event of a natural or human-caused, including terrorism, emergency or disaster. The primary goal of emergency management within the Town of Vail is to prepare for, respond to and recover from the many consequences that can be generated by a hazard. This plan provides general guidelines, principles and organizational structure for managing and coordinating the overall preparedness, response and recovery activities before, during and after emergency incidents that affect the Town of Vail. 1.2 Scope The Town of Vail EOP covers the full range of complex and constantly changing requirements in anticipation of or in response to threats or acts of terrorism, major disasters and other emergencies that affect incorporated area of the Town of Vail. This plan is applicable to all response organizations acting for or on behalf of the government of the Town of Vail. It is June 18, 2019 - Page 7 of 122 imperative that those organizations and departments participate within this plan and design operational procedures to help them respond and recover from the damage and harm that incidents may present. This EOP addresses the full spectrum of activities related to incident management. This EOP focuses on those activities that are directly related to an evolving incident or potential incident rather than steady-state preparedness or readiness activities conducted in the absence of a specific threat or hazard. The EOP also provides the basis to initiate long-term community recovery and mitigation activities. Annexes augment this plan to more efficiently cope with special requirements presented by specific hazards or that outline specific procedures to be utilized during an incident. This plan does not override any law, written policy, or organizational standard. The EOP consists of two main sections: • Basic Plan – The Basic Plan provides an overview of emergency organization and policies to support most, if not all, emergency incidents that may occur within in the Town of Vail. It describes the overall approach to disaster response and recovery operations and assigns responsibilities for emergency tasks. • Annexes – Support, functional and incident specific annexes develop specific information and direction for managers and agencies concerning a particular emergency management function or hazard. A hazard assessment, organizations charts and responsibility tables are also included as annexes to this plan. Page 9-10 Mitigation efforts are the responsibility of Town of Vail department heads as listed here (see also Annex J: Mitigation Activities): Hazard: Responsibility for Mitigation activities: Aircraft Accident Federal Aviation Administration Avalanche N/A Civil Disturbance Vail Police Department Dam Failure Colorado Division of Wildlife Disease Outbreak / Epidemic Eagle County Public Health Dept. Drought N/A Earthquake N/A Expansive Soils Vail Public Works Extreme Heat N/A Flood Vail Public Works Hazardous Materials Vail Fire and Emergency Services Information Technology System Failure Information Services Department Landslide/Subsidence/Rockfall Vail Public Works Mass Casualty N/A Severe Weather (wind, hail, lightning) Vail Public Works Structure Collapse Vail Community Development Dept. Terrorist Events Vail Police Department Tornado N/A June 18, 2019 - Page 8 of 122 Transportation Accident Vail Police Department Urban Fire/Conflagration Vail Fire and Emergency Services Utility Service Failure Independent Service Providers Wildland Fire Vail Fire and Emergency Services Winter Storms N/A Workplace Violence Vail Human Resources Department Page 14 2.1 Activating the EOP This EOP is in effect at such time as: • An incident, emergency or disaster within Town of Vail incorporated area occurs or is imminent; • An incident, emergency or disaster within the Town of Vail incorporated area is declared by the town’s Chief Elected Official or designee, the Board of County Commissioners, the Governor or a Presidential or federal agency declaration or designation is issued. 2.2 Disaster Declaration A local disaster may be declared only by the principal executive officer of a political subdivision or his/her appointee as pursuant to C.R.S. § 24-33.5-709. See Annex C Disaster Declaration. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. The effect a disaster declaration has on a local incident is to activate the response and recovery aspects of the Town of Vail EOP and to authorize the furnishing and funding of assistance. A disaster declaration should be issued when resources in the Town of Vail are expected to be seriously depleted due to an emergency event. A disaster declaration will place into effect, or rescind, Town guidelines that will ease the administrative burden that otherwise would delay life and property saving actions. If the costs of an incident exceed the local authority having jurisdiction’s (AHJ) capability to pay, they must declare a disaster. Official notification and declaration of the event by the Mayor or Town of Vail Manager to the Eagle County Commissioners is crucial to effective mutual-aid response from the state, federal, and local governments. Two copies of an approved and signed disaster declaration should be immediately forwarded to Eagle County. If the County Board of Supervisors also declares a disaster it will then be forwarded to the Colorado Office of Emergency Management. One of these copies will then be forwarded to the Governor by the Colorado Division of Emergency Management. A blank Disaster Declaration form is located in Annex C Disaster Declaration. Page 16 3.2 Policy Group The Policy Group includes key senior and elected officials who establish community goals, make strategic policy decisions and set priorities while considering the economic, legal, political and social implications of the incident and maintaining the public trust. Issuing a Declaration of June 18, 2019 - Page 9 of 122 Disaster is one of the most critical recommendations the EOC and Policy Group can make. Additionally they should: • Provide for continuity of operations; • Establish lines of succession for key positions; • Designate departmental emergency operating centers and alternatives; • Establish, equip and staff an EOC; • Issue proclamations of disaster emergency and recommend protective actions (evacuation or shelter in-place) if the situation warrants; Page 20 3.10 Citizen Involvement Vail residents play an integral part in disaster mitigation, preparedness and response. The Town of Vail maintains a page on its website for citizen preparedness “Preparing for the Unexpected” located at http://www.vailgov.com/subpage.asp?page_id=657 Key responsibilities for residents include: • Make a kit • Make a plan, and • Be informed Additional responsibilities for citizens specific to wildland fire are included as part of the Town of Vail Forest Health Plan (which can be located http://www.vailgov.com/subpage.asp?dept_id=194) and include: • Know the plan for exiting/evacuating in the event of a wildfire, • Sign up for ECAlert, • Get a Firewise inspection of owned property, • Mitigate hazardous trees, • Be vigilant in notifying authorities of suspected smoke or fire in the WUI, • Understand the associated dangers and realities of living in the WUI, • Attend local Ready, Set, Go meetings, and • Make a list of essential items you will take in the event of immediate evacuation. Refer also to Eagle County Emergency Preparedness Plan: Personal Preparedness Page 23 During a declared emergency or disaster event, the following Town of Vail elected and appointed officials, in the succession order listed, have the authority to execute the powers of the council in accordance with C.R.S. § 30-11-107 and Town of Vail Charter Article XIII Section 13.5 1. Town Manager 2. Mayor 3. Mayor Pro Tem 4. Council Members by order of seniority on Council (total experience) 5. Assistant Town Manager 6. Department Heads in the following order: 1. Police Chief 2. Public Works Director 3. Community Development Director June 18, 2019 - Page 10 of 122 4. Fire Chief 5. Community Information Director 6. Human Resources/Risk Management Director 7. Finance Director 5.2 Delegation of Emergency Authority The authority to use an extraordinary power is given in a disaster situation. Notwithstanding questions of authority, the Incident Commander has the duty to immediately and unilaterally use powers identified in this plan whenever all of the following conditions exist: • Persons or property are directly exposed to severe danger; • The impact of the danger is in progress or is imminent; and • The time lost in obtaining approval from authorities would prevent successful protective measures. The use of an extraordinary power which has not been approved by specified authorities shall be limited to those measures which will eliminate the immediate danger. Having used an extraordinary power without the benefit of approval, the Incident Commander shall immediately seek confirmation from the specified authority. Page 26-27 5.6 Liability of Public Employees and Officials Colorado’s Government Immunity Act is found in Section 2 Colorado Revised Statute 24-10-105. It makes it clear that public officers and employees are not personally liable for any negligent torts committed in the course of their employment. The law mandates that the Town of Vail be joined as a party to any negligence lawsuits against employees and further requires that employee's judgment and legal expenses be paid by the Town of Vail. Page 28 TOV EMERGENCY OPERATIONS PLAN Updated 6/13/2014 ANNEX C: DISASTER DECLARATION A local disaster may be declared only by the principal executive officer of a political subdivision or his/her appointee as pursuant to C.R.S. § 24-33.5-709. It shall not be continued or renewed for a period in excess of seven days except by or with the consent of the governing board of the political subdivision. Any order or proclamation declaring, continuing, or terminating a local disaster emergency shall be given prompt and general publicity and shall be filed promptly with the county clerk and recorder, city clerk, or other authorized record-keeping agency and with the office of emergency management. The effect a disaster declaration has on a local incident is to activate the response and recovery aspects of the Town of Vail EOP and to authorize the furnishing and funding of assistance. A disaster declaration should be issued when resources in the Town of Vail are expected to be seriously depleted due to an emergency event. A disaster declaration will place into effect, or rescind, Town guidelines that will ease the administrative burden that otherwise would delay life and property saving actions. June 18, 2019 - Page 11 of 122 Official notification and declaration of the event by the Mayor to the Eagle County Commissioners is crucial to effective mutual-aid response from the state, federal, and local governments. Two copies of an approved and signed disaster declaration should be immediately forwarded to Eagle County. If the County Board of Supervisors also declares a disaster it will then be forwarded to the Colorado Office of Emergency Management. One of these copies will then be forwarded to the Governor by the Colorado Division of Emergency Management. The Governor has the option of declaring a localized state disaster and may make a request to the Federal Emergency Management Agency (FEMA) Region VIII office in Denver. FEMA will then forward this request to Washington D.C. and FEMA will make a recommendation to the President of the United States. Requesting State and Federal Assistance: Formal assistance from the county, state or federal governments follows complex processes that usually require verification of damages, costs, needs, and financial condition. Individuals will be on hand prior to requesting this level of assistance that will provide detailed information regarding processes, paperwork, and types of assistance available at the time. State Assistance: The Colorado Division of Homeland Security and Emergency Management (CDHSEM) monitors all emergency situations that occur within the state and will provide assistance and consultation during an emergency. CDHSEM will send a representative, usually the Northwest Regional Field Officer to assist if requested and will be in contact with the EOC. Before the state issues a request for assistance, their teams of response personnel will gather information concerning the extent of damage, type of assistance required, and the location of damages. Financial assistance for disasters not related to wildland fire, search and rescue activities, hazardous materials releases, and some other situations, will require the state to first review Vail and Eagle County’s financial reports on file with the Department of Local Affairs. Precedence has been set in Colorado that the state will usually not provide reimbursement for insured financial losses or until the jurisdiction is close to exhausting all financial reserves. The state will provide the necessary information, forms, and personnel for helping Vail and Eagle County to request state assistance. A state disaster will usually require 24 to 48 hours to process, depending on the severity of the incident. Federal Assistance: Only the State Governor or acting Governor may request assistance from the federal government. If the Governor is considering requesting federal assistance, state teams, in conjunction with FEMA will: • Survey affected areas to determine the extent of public and private damage. • Determine what types of federal disaster assistance is required. • Advise the regional FEMA director on the Town and County’s eligibility for federal aid. In order for federal assistance to be implemented it first must be determined that “...the situation is of such severity and magnitude that effective response is beyond the capabilities of the state and the affected local governments and that federal assistance is necessary.” If this condition is June 18, 2019 - Page 12 of 122 not met, federal assistance will not be available. A request for federal assistance may take several days or weeks to process. Federal assistance is generally divided into two categories: assistance to individuals and assistance to state and local governments. Federal Assistance to Individuals: This type of assistance is directed to the people and victims of the disaster. FEMA will publicize this information and open up tele-registration centers where individuals can call and apply for assistance and get information on the following programs: • Alternative housing for disaster • Crisis counseling victims • Unemployment assistance • Family grants • Legal services • Loans to businesses • Agricultural technical assistance • Income tax relief and waivers Federal Assistance to State and Local Governments: Following surveys by FEMA teams, the following types of assistance may be available to the governments in Eagle County: • Debris clearing from land or water • Repair of public buildings and utilities • Repair of roads & bridges utilities • Repair of recreational areas Several other federal programs may be used to help Vail and Eagle County with public restoration after a disaster. This type of assistance may take many forms. It may include low- interest loans to communities, use of federal equipment and machines, and assistance with public schooling costs. June 18, 2019 - Page 13 of 122 DECLARATION OF LOCAL DISASTER WHEREAS, the town of Vail suffered serious damage to caused by which occurred on and, WHEREAS, the cost and magnitude of responding to and recovering from the impact of is in the excess of the Town of Vail’s available resources. NOW THEREFORE, BE IT, IT’S RESOLVED, that the Mayor of the Town of Vail, declares this to be a local disaster. I also understand that, according to Colorado State Statute, this disaster declaration will expire seven days from today, unless approved by the Town of Vail Town Council as a whole. Dated in Eagle County, Colorado, this day of , 20 at hours. (MAYOR of the Town of Vail) June 18, 2019 - Page 14 of 122 TOV EMERGENCY OPERATIONS PLAN Table of Contents Promulgation Document / Signatures ............................................................................................ 5 Approval and Implementation ....................................................................................................... 6 Record of Changes ......................................................................................................................... 7 Record of Distribution ................................................................................................................... 8 • Introduction ............................................................................................................................. 9 1.1. Purpose ........................................................................................................................ 9 1.2. Scope ........................................................................................................................... 9 1.3. Situation ......................................................................................................................10 1.4. Critical Facilities .........................................................................................................10 1.5. Access & Functional Needs Populations ................................................................... 11 1.6. Hazard Analysis Summary ........................................................................................ 13 1.7. Capability Assessment ............................................................................................... 13 1.8. Mitigation Overview .................................................................................................. 14 1.9. Planning Assumptions ............................................................................................... 15 2. Concept of Operations ........................................................................................................... 16 2.1. Activating the Emergency Operations Plan ............................................................... 16 2.2. Disaster Declaration .................................................................................................. 16 2.3. Incident Command System ........................................................................................ 17 2.4. Emergency Operations Center.................................................................................... 17 2.5. Emergency Support Functions ................................................................................... 18 3. Organization and Assignment of Responsibilities.................................................................. 19 3.1. Emergency Operations Center Staff .......................................................................... 20 3.2. Policy Group............................................................................................................... 22 3.3. Emergency Operations Center Manager .................................................................... 21 3.4. Command ................................................................................................................... 21 3.5. Operations Section...................................................................................................... 22 3.6. Planning Section ........................................................................................................ 22 3.7. Logistics Section ........................................................................................................ 22 3.8. Finance and Administration Section .......................................................................... 23 3.9. Non-Governmental and Volunteer Organizations ..................................................... 23 3.10. Citizen Involvement .................................................................................................. 24 4. Communications .................................................................................................................... 24 4.1. Technical Communications ....................................................................................... 24 4.2. Eagle County Emergency Management Notification ................................................ 24 4.3. Public Information ..................................................................................................... 25 5. Continuity of Government ..................................................................................................... 25 5.1. Succession of Authority ............................................................................................. 26 5.2. Delegation of Emergency Authority .......................................................................... 27 5.3. Preservation of Records ............................................................................................. 27 5.4. Protection of Government Resources ........................................................................ 28 5.5. Administration ........................................................................................................... 28 5.6. Liability of Public Employees and Officials ............................................................. 28 June 18, 2019 - Page 15 of 122 5.7. Protection of the Environment ................................................................................... 28 5.8. Consumer Protection.................................................................................................. 28 5.9. Non-Discrimination.................................................................................................... 29 5.10. Duplication of Benefits .............................................................................................. 29 6. Plan Development and Maintenance ..................................................................................... 29 6.1. Responsibility............................................................................................................. 29 6.2. After Action Reviews ................................................................................................ 29 6.3. Training and Exercises .............................................................................................. 29 7. Authorities and References .................................................................................................... 30 7.1. Local Authorities / References .................................................................................. 30 7.2. State Authorities / References ................................................................................... 30 7.3. Federal Authorities / References ............................................................................... 30 8. Acronyms ............................................................................................................................... 31 Supporting, Functional and Incident Specific Annexes Annex A: Hazard Vulnerability Assessment Annex B: Department Roles & Responsibilities / Emergency Support Functions Annex C: Disaster Declaration and Requests for State/Federal Assistance Annex D: Annual Operating Plan for Wildland Fire Annex E: Air Attack Funding Commitment Letter - Vail Resorts Annex F: Damage Assessment Annex G: Evacuation Plan Annex H: Flood and Debris Flow Plan Annex I: CDOT I-70 Traffic Incident Management Plan Annex J: Mitigation Activities Annex K: Technical Communications Plan Annex L: Crisis Communications Plan Annex M: Black Lakes Dam No. 1 & 2 Emergency Action Plans Annex N: UCR Incident Organizer (Forms) Annex O: Agreements (Mutual Aid, Intergovernmental, Memoranda of Understanding, etc.) Annex P: Official TOV Hazard Maps (Avalanche, Rockfall, Debris Flow) Annex T: Vail Wildland Pre-Incident Plan (Zones) Annex U: 2015 World Ski Championship Red Cross Support Plan June 18, 2019 - Page 16 of 122 Town of Vail rev. 06/12/2019 Reference Guide Elected Officials / Senior Executives Quick Reference Guide Incident Management Overview Incident Management and Coordination Examples As a senior leader, your primary responsibilities are to support the senior executive in establishing overall incident policy, providing guidance on incident priorities, and ensuring that your organization’s resources are appropriately engaged in incident management. The overall incident management structure includes the following levels: the Policy Group/Multiagency Coordination (MAC) Group which is comprised of your fellow department heads and senior leaders in your organization; the Emergency Operation Center (EOC) Director, who oversees resource and planning support to the on-scene personnel and ancillary activities such as sheltering and donations management; the Public Information Officer (PIO), who ensures that the public receives accurate, timely and consistent information about the incident; and the Incident Commander, who directs on-scene incident personnel responsible for saving lives, stabilizing the incident, and protecting property and the environment. June 18, 2019 - Page 17 of 122 Town of Vail rev. 06/12/2019 Elected Officials/ Senior Executives Quick Reference Guide Reference Guide Overarching Priorities • Unity of Effort: Unity of effort and coordination across all organizations involved in the response. • Life Safety: Safety and security of the first responders, support personnel, and the general population. • Incident Stabilization: Leadership is established to stabilize the incident and reduce any future impact. • Protect Property and Environment: Protection of infrastructure assets, systems, and networks, whether physical or virtual. • Recovery: Reestablishing services and assisting the community to return to a new normal. Senior Executive Essential Responsibilities • Ensuring the continuity of government. • Activating specific legal authorities (disaster declarations, evacuations, states of emergency or other protective actions). • Coordinating with the PIO to keep the media and public informed. • Requesting assistance through the Emergency Operations Center Director. • Resolving any resource allocation conflicts. • Coordinating with other elected officials / senior executives, including state and federal offices, legislative delegations and other dignitaries to implement protective actions and ensure the safety and welfare of constituents. • Participating in a MAC Group, if required. What to Expect • The Emergency Operations Center will gather and analyze incident information. • The Emergency Operations Center Director provide situational updates to you during an incident. • Concerns and questions should be directed to the Emergency Operations Center Director. Example Public Messaging • We are aware that an incident (provide details) occurred (at time / location). • At this time, (list agencies that are responding) and (the status). We are gathering additional information and will share it as it becomes available. • At this time, we are asking that the public (what actions should be taken i.e. sheltering in place, evacuate). • People, including schools and daycares that are impacted by the lock down will be released once the area is safe. • Public transit is currently (provide status). • Up-to-date information will be provided (list all outlets that the public could access i.e. local media outlets, Facebook, Twitter). • Emergency Manager: (970) 471-0640 • TOV Command Post: (970) 477-5273 • Eagle County EOC: (970) 328-3432 • TOV PIO: (970) 471-1361 • JIC: will provide for Incident June 18, 2019 - Page 18 of 122 Eagle County Emergency Management Checklist for Mayors/Managers/Elected Officials Before the Disaster - NOW ❏Sign up for ​EC Alert ❏Have Eagle County Emergency Management (ECEM) contacts in your cell phone: ❏Birch Barron 970-471-0640 birch.barron@eaglecounty.us ❏Dana Erpelding 303-917-8044 dana.erpelding@eaglecounty.us ❏Chris Lindley 303-435-5120 chris.lindley@eaglecounty.us ❏Rebecca Larson 970-471-0112 rebecca.larson@eaglecounty.us ❏Identify critical infrastructure in your jurisdiction and have contact info for these facilities/systems: ❏Power ❏Water ❏Communication Systems ❏Medical ❏Roads/Bridge (Egress, Ingress) ❏Schools/Community Centers ❏Identify vulnerable populations in your jurisdiction and have a POC for each in your community: ❏Non-English Speaking ❏Elderly ❏Schools/Daycares ❏Residents without personal vehicles ❏Participate in community-wide planning, training, and exercises, including reading/updating: ❏Emergency Operations Plan (EOP) ❏Continuity of Operations (COOP) ❏Pre-Disaster Mitigation Plan (PDMP) ❏Develop/update mutual aid agreements with other jurisdictions/agencies ❏Appoint a representative to participate in the Public Safety Council and/or Local Emergency Planning Committee ❏Develop a roster of elected officials with 24-hour contact numbers During a Disaster ❏Notify Eagle County Emergency Management (ECEM). ​ECEM will do all of the following: ❏Provide a single POC for all requests/coordination for county and state level support ❏Notify all other Mayors, Managers and Elected officials ❏Notify State Emergency Management ❏Ensure the EC PIO Group (public information) has been notified ❏Emergency public information will be posted at ​http://www.ecemergency.org/ ❏Start and share a ​Situation Report Overview​ (online real-time updates on the situation) ❏Coordinate with you, your legal representative and the EC Attorney's office if an emergency declaration is needed ❏Activate the Emergency Operations Center (EOC) to coordinate local, state, Federal resources ❏Log into issue paper and share with any responding partners. Include the following: ❏Type of Emergency ❏Location(s) ❏Magnitude (size/scope, if the event will increase/decrease and how rapidly) ❏Casualties and Property Damage (crucial to determine state or Federal disaster declaration) ❏Communication channels on the scene (radio, cell phone, Internet, etc.). ❏What agencies are involved and what additional agency support is needed ❏Resources committed and resources needed ❏Need for evacuation of people and/or animals ❏Other impacts including public safety concerns and/or damage to medical facilities, public utilities, roads/bridges, other public infrastructure, environmental impacts June 18, 2019 - Page 19 of 122 ❏Begin identifying any needs and share with ECEM. Think immediate, next 12 hours, 24,48... ❏Personnel ❏PIOs ❏Law Enforcement ❏Engineers ❏Command Post support ❏Logistical support ❏Communication ❏Responders ❏Employees ❏Residents/Media ❏Translation/Interpretation ❏Shelter/Housing ❏Responders ❏Residents ❏Animals ❏Transportation ❏Barricades/Signage ❏Heavy Equipment ❏Food ❏Responders ❏Residents ❏Animals ❏Medical ❏Mass Care ❏Mass Casualty ❏For long-term events, the first 48 hours is always rough, but think ahead as the event unfolds, days, weeks, months... ❏Staffing ❏Identify staff to cover each shift and how to rotate your staff to prevent burn out ❏Identify staff and support you are going to need long-term ❏Finance/Resource Requests ❏Track all time and costs for your agency for both staff in the field and working remotely ❏Document check-in and check-out for all staff and volunteers -​ this is key for reimbursement! ❏Remind staff to complete and save detailed logs of actions taken, resources requested, and financial records ❏Understand financial implications for mutual aid and cost sharing agreements ❏EOC ❏Establish shift schedule to ensure senior official is available to authorize overtime, expenditures, prioritize resource requests​, make policy decisions ❏Share information with local, State and/or Federal elected officials ❏Understand the incident objectives, provide visible leadership and set policy ❏Ensure citizen needs are being met and they are receiving accurate/timely information ❏Ensure that staff and responder needs are being met ❏Routinely inspect incident and remain visible/accessible to the public when safe to do so ❏Monitor response efforts and prepare for recovery operations After a Disaster ❏Tour damaged areas and meet with impacted residents ❏Participate in ‘after action’ reviews to capture lessons learned ❏Develop a recovery plan and work with state and federal agencies to secure recovery funds ❏Consider mitigation projects which could lessen or prevent future damage ❏Ensure appropriate logs, resource requests, financial records are maintained in one central place ❏Initiate cleanup and/or recovery contracts as appropriate ❏Continue to inform the public of the recovery efforts in coordination with the Public Information Officer June 18, 2019 - Page 20 of 122 Appendix Y Policy Group Plan June 18, 2019 - Page 21 of 122 May 2018 Appendix Y Eagle County Emergency Operations Plan Page -1 Policy Group The Eagle County Policy Group consists of the chief appointed or elected officials (county manager, mayors/managers/chairs of affected jurisdictions, Sheriff) and other key advisors (deputy county manager, police chief, fire chief, public works director, district ranger, PIO, emergency manager, etc.). This group is responsible for all major policy decisions and overall operations. This group does not have responsibility for direct emergency management at a site during an incident. That responsibility rests with the Incident Command organization. The Policy Group is facilitated by the Eagle County Manager or his/her designee. The key responsibilities of the Policy Group are:  Authorize emergency spending to the extent allowed by laws and regulations and in accordance with approved resolutions or ordinances. Authorize use of available resources beyond normal functions, locations and times. Provide direction to the EOC for prioritizing resource allocation.  Discuss and coordinate the need to declare an emergency and/or a disaster if appropriate. Separate declarations are required for each affected jurisdiction (county, municipalities). For process see Appendix H. A declaration is a request to the State for assistance. Work closely with the EOC Manager to provide support and coordination. Direct relocation of affected populations. Support field operations through resource acquisition approval and policy decisions. Discuss and coordinate with the County Manager the imposition of emergency regulations (curfew, alcohol sales, quarantines, event cancellations, etc.). Acquire vital supplies. Provide guidance for allocation, rationing, or redistributions of food, water, prophylactics, etc. Ensure that recovery operations are carried out. Assist businesses with their recovery. Work with Finance/Administration Section Chief(s) to ensure that all costs during the response and recovery phases are tracked and all avenues to recover these costs from the state and federal governments are explored. June 18, 2019 - Page 22 of 122 Appendix H Disaster Declaration Process June 18, 2019 - Page 23 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 1 Disaster Declaration Process Disaster Declarations steps: Local agencies respond: Response is made by appropriate local agencies supplemented by mutual aid from neighboring communities and volunteer agencies. If the situation exceeds the local capabilities, they may request assistance from Eagle County. Local Emergency/Disaster Declaration: A local municipality or special district may declare a local disaster or an emergency by notifying the Eagle County Board of County Commissioners (BoCC) or County Manager. The County may then choose to activate the response and recovery components of the Eagle County Emergency Operations Plan. Emergency Powers: The County Manager may exercise any and all powers granted by applicable state law subsequent to issuance of the Emergency Declaration. During the existence of a state of emergency, the County Manager may promulgate such regulations, as he or she deems necessary, to protect life and property and preserve critical resources. These regulations shall be confirmed at the earliest practical time by the BoCC, shall be given widespread circulation, and shall be disseminated to the news media. These regulations may include, but shall not be limited to powers granted by applicable state law. Specifically the County Manager may:  Exercise emergency spending authority to the limits allowed by resolution.  Suspend the provisions of procedures for conduct of county business, if strict compliance would in any way prevent, hinder, or delay necessary action in coping with the emergency.  Transfer the direction, personnel, or functions of county departments for the purpose of performing or facilitating emergency services.  Subject to any applicable legal requirements to provide compensation, commandeer or utilize any private property if the County Manager finds this necessary to cope with the emergency.  Direct and compel evacuation of persons from any stricken or threatened area within the County if the County Manager deems this action necessary for the preservation of life or other emergency mitigation, response, or recovery measures.  Prescribe routes, modes of transportation, and destinations in connection with evacuation.  Control ingress to and egress from a disaster area, the movement of persons within the area, and the occupancy of premises therein.  Suspend or limit the sale, dispensing, or transportation of alcoholic beverages, firearms, explosives, or combustibles within the county.  Make provisions for the availability and use of temporary emergency housing.  Waive all provisions for competitive bidding and may direct the purchasing agent to purchase necessary supplies in the open market at not more than commercial prices.  The County Manager is authorized to exercise all powers permitted by county resolution or ordinance and state law to require emergency services of any county officer or employee and command the aid of as many citizens of the county as he or she deems necessary in the execution of his or her duties. Such persons shall be entitled to all June 18, 2019 - Page 24 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 2 privileges, benefits, and immunities as are provided by state law for civil defense workers. Notwithstanding the foregoing, it is recognized that other or different terms may be agreed to in mutual aid or other agreements among various entities which may be in control. State Disaster Declaration: At the onset of any major incident (even before a disaster declaration) in Eagle County, it is necessary to contact the Colorado Office of Emergency Management (COEM). The COEM is available 24 hours a day (303-279-8855). An Eagle County Commissioner or the County Manager may choose to initiate a formal local disaster declaration. Such declaration should be made with the collaboration of the County Manager, impacted municipalities, impacted County department heads and the Emergency Manager and as many of the Commissioner’s as are available. The declaration must be ratified by the BoCC at either a regular or an emergency meeting within 7 days of issuance. See C.R.S. § 24- 33.5-709. All Eagle County Emergency and Disaster declarations automatically expire 30 days after they are issued and must be renewed by the BoCC. Why Declare a Disaster?  To authorize emergency spending measures  To gain access to TABOR emergency reserves  To qualify for certain types of federal and state disaster assistance  To activate local and inter-jurisdictional emergency plans and mutual assistance agreements  To support the enactment of temporary emergency restrictions or controls (e.g., curfews, price controls)  The State Responds with state resources as requested (and/or needed) by the local government The Colorado Office of Emergency Management, Department of Military and Veterans Affairs, Department of Public Health & Environment, Department of Transportation, Department of Local Affairs, Department of Public Safety, Colorado State Patrol, Department of Human Services, Department of Agriculture, and the Department of Natural Resources are all examples of Colorado agencies who may respond to a disaster. The State may declare a disaster or emergency by Executive Order or Proclamation of the governor if the governor finds a disaster has occurred or the threat of a disaster or emergency is imminent. This frees up State TABOR reserves and Disaster Emergency funds, enables the governor to temporarily enact or suspend State restrictions or controls, activates the State Emergency Operations Plan, and activates the State Emergency Operations Center.  Damage Assessment. The State can request a disaster declaration from the governor with a preliminary damage assessment (see appendix F) from the local government submitted through the Colorado Office of Emergency Management. The state can also perform a formal federal, state, and local preliminary damage assessment with FEMA to determine if damage amounts may qualify for a presidential disaster request and therefore, federal assistance. June 18, 2019 - Page 25 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 3 A presidential disaster declaration and/or emergency can be requested by the governor to the President through FEMA, based on the damage assessment, and an agreement to commit state funds and resources to the long-term recovery.  FEMA will evaluate the request and recommend action to the White House based on the disaster damage assessment, the local community and the state’s ability to recover.  The President approves the request or FEMA informs the governor it has been denied. The decision process could take a few hours or several weeks depending on the nature of the disaster. Note: The difference between a disaster declaration and an emergency declaration is that an emergency can be declared even though there is no disaster. An example would be the Summit of the Eight or World Youth Day. Additional resources were requested and the State Emergency Operations Plan was activated. Also, an emergency declaration is generally of lesser scope and impact than a major disaster declaration. Federal Disaster Declaration: Declaration Types: There are two types of Declarations provided for in the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act): Emergency Declarations and Major Disaster Declarations. Both declaration types authorize the President to provide federal disaster assistance. However, the cause of the declaration and type and amount of assistance differ.  Emergency Declarations: An Emergency Declaration can be declared for any occasion or instance when the President determines federal assistance is needed. Emergency Declarations usually supplement state and local efforts in providing emergency services, such as the protection of lives, property, public health, and safety, or to lessen or avert the threat of a catastrophe in any part of the United States. The amount of emergency assistance is capped at $5 million per single event. If additional assistance is needed, the President must report to Congress.  Major Declaration: The President can declare a Major Disaster Declaration for any natural event, including any hurricane, tornado, storm, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, or drought, or, regardless of cause, fire, flood, or explosion, that the President believes has caused damage of such severity that it is beyond the combined capabilities of State and local governments to respond. A major disaster declaration provides a wide range of Federal assistance programs for individuals and public infrastructure, including funds for both emergency and permanent work. Assistance Available for Major Declarations: Not all programs, however, are activated for every disaster. The determination of which programs are activated is based on the needs found during damage assessment and any subsequent information that may be discovered. FEMA disaster assistance falls into three general categories:  Individual Assistance - aid to individuals and households;  Public Assistance - aid to public and tribal (and certain private non-profit) entities for certain emergency services and the repair or replacement of disaster damaged public facilities; and June 18, 2019 - Page 26 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 4  Hazard Mitigation Assistance - funding for measures designed to reduce future losses to public and private property. Some declarations will provide only individual assistance or only public assistance. Hazard mitigation opportunities are assessed in most situations. FEMA manages federal response and recovery efforts following any national incident. FEMA also initiates mitigation activities, works with state and local emergency managers, and manages the National Flood Insurance Program. FEMA became part of the U.S. Department of Homeland Security on March 1, 2003. NOTE: The Disaster Mitigation Act of 2000, 44 CFR; 201.6, provides grants for implementation of both pre and post disaster mitigation projects through the FEMA Hazards Mitigation Grant Program (HMGP). A current FEMA approved hazard mitigation plan is required in order to be eligible to receive HMGP funds. June 18, 2019 - Page 27 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 5 Disaster / Emergency Declaration WHEREAS, Eagle County has suffered serious damage to roads, bridges, homes, businesses, and other public and private facilities caused by _________________, which occurred on _______________; and [Include sufficient detail concerning the nature of the disaster or emergency and the area threatened] WHEREAS, the cost and magnitude of responding to and recovering from the impact of the ensuing event is far in excess of the county’s available resources; and[Include as much detail as is available concerning the conditions, magnitude of damage and the like] WHEREAS, pursuant to C.R.S. § 24-33.5-709(1) “A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed in excess seven days except by or with the consent of the governing board of the political subdivision”; and WHEREAS, “The effect of a declaration of local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans.” C.R.S. § 24-33.5-709(2). NOW, THEREFORE, BE IT DECLARED by the County Manager of Eagle County, Colorado: THAT, it is hereby determined and declared that [this to be an emergency/disaster area etc…]. THAT, this Declaration shall be promptly filed with the Eagle County Clerk and Recorder and with the Colorado Office of Emergency Management. THAT, this Declaration is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. June 18, 2019 - Page 28 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 6 DECLARED this ____ day of _______________, 20__ AT EAGLE COUNTY, COLORADO AT ___.M. Eagle County, Colorado By and through its County Manager By:____________________________________ County Manager NOTE: Supply two (2) copies to OEM - 9195 East Mineral Avenue, Suite 200 Centennial, Colorado 80112 Fax: 720-852-6750 OEM will forward one (1) copy to the Governor’s Office. File with the Clerk and Disseminate to the Public June 18, 2019 - Page 29 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 7 Commissioner _______moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 20__-____ RESOLUTION DECLARING A CONTINUATION OF DISASTER OR EMERGENCY DECLARATION WHEREAS, Eagle County suffered serious damage to roads, bridges, homes, businesses, and other public and private facilities caused by _________________, which occurred on _______________; and[Include sufficient detail concerning the nature of the disaster or emergency and the area threatened][Identify if this is a ratification of and continuation of prior County Manager declaration pursuant to C.R.S. 24-33.5-709] WHEREAS, the cost and magnitude of responding to and recovering from the impact of the ensuing event is far in excess of the county’s available resources;[Include as much detail as is available concerning the conditions, magnitude of damage and the like] WHEREAS, pursuant to C.R.S. § 24-33.5-709(1) “A local disaster may be declared only by the principal executive officer of a political subdivision. It shall not be continued or renewed in excess seven days except by or with the consent of the governing board of the political subdivision”; and WHEREAS, “The effect of a declaration of local disaster emergency is to activate the response and recovery aspects of any and all applicable local and interjurisdictional disaster and emergency plans and to authorize the furnishing of aid and assistance under such plans.” C.R.S. § 24-33.5-709(2). NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Eagle County, Colorado: THAT, the Eagle County Board of County Commissioners determines and declares [an emergency, or continuing emergency/disaster this to be a disaster area etc…] THAT, this Resolution and Declaration shall be promptly filed with the Eagle County Clerk and Recorder and with the Office of Emergency Management. THAT, this Resolution and Declaration is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. June 18, 2019 - Page 30 of 122 May 2018 Appendix H Eagle County Emergency Operations Plan Page 8 MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this ____ day of _______________, 20__. COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: ____________________________ By: ______________________________ Clerk to the Board of County Commissioners Chair ______________________________ Commissioner ____________________________ Commissioner Commissioner ____________________ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner ______________ Commissioner ______________ Commissioner ______________ This resolution passed by __________________ vote of the Board of County Commissioners of the County of Eagle, State of Colorado. NOTE: Supply two (2) copies to OEM - 9195 East Mineral Avenue, Suite 200 Centennial, Colorado 80112 Fax: 720-852-6750 OEM will forward one (1) copy to the Governor’s Office. File with the Clerk and Disseminate to the Public June 18, 2019 - Page 31 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: 100% Renewable Energy - P uR E P rogram Resource S election P RE S E NT E R(S ): K risten Bertuglia, E nvironmental Sustainability Manager AC T IO N RE Q UE S T E D O F C O UNC I L: Staff requests the Vail Town Council select the resource mix for the participation in the PuR E program, or alternatively, provide staff with direction on what information Council requires to make this determination. B AC K G RO UND: Resolution No. 23, Series of 2019 was approved by the Vail Town Council on May 21, 2019, allowing all town electricity to come from renewable sources. T he Council will discuss whether the renewable resource should be wind, solar, or hydro-electric power, or a combination thereof. S TAF F RE C O M M E ND AT IO N: Staff originally recommended a 100% wind power purchase due to cost. However, given the other considerations of the Vail Town Council (habitat and wildlife impacts, in-state development, ability to drive additional renewable development, etc.) all individual, or a combination of resource options are viable. AT TAC H ME N TS: Description Staff Memorandum Resource Comparison June 18, 2019 - Page 32 of 122 TO: Vail Town Council FROM: Town Manager’s Office – Environmental Sustainability DATE: June 18, 2019 SUBJECT: 100% Renewable Energy – Resource Selection I. PURPOSE The purpose of this work session is to allow the Vail Town Council to discuss and select the renewable energy resource(s) associated with Resolution No. 23, Series of 2019, pledging to purchase renewable energy through the Holy Cross Energy PuRE program, Powered by 100% Renewable Energy, for all Town of Vail electric accounts. II. BACKGROUND Resolution No. 23, Series of 2019 was approved by the Vail Town Council on May 21, 2019, allowing all town electricity to come from renewable sources, in accordance with the Town of Vail’s Environmental Sustainability Strategic Plan (ESSP), adopted by the Vail Town Council in 2009: Goal #2, “Reduce the Town of Vail municipal and community energy use by 20% below 2006 levels by 2020, in order to effectively reduce the Town’s contribution to greenhouse gas emissions and impact on global climate change. Note that though the adoption of the Pure program is in accordance with the ESSP, the renewable energy associated with the purchase will not count toward the 2020 emissions goal per the Vail Town Council’s direction. Holy Cross Energy Current Power Supply Holy Cross Energy Renewable Energy Options Through the Holy Cross Energy PuRE program, the town will purchase renewable energy at one of, or a combination of, the following rates: $.00076/kWh for wind, $.0107/kWh for hydroelectric power, and $.01222/kWh for solar. Since HCE is currently supplied by 39% June 18, 2019 - Page 33 of 122 Town of Vail Page 2 renewable energy, members are only responsible for the remaining 61% to offset their bills with renewable energy. Members may choose the renewable energy source which tracks with electricity bills. Town Electric Offset Options kWh Usage 100% Wind 100% Hydro 100% Solar 4,643,782 $35,293 $49,688.47 $56,654.14 The premium purchase prices are based upon the wholesale rate Holy Cross Energy pays for the power, and each has its advantages. Wind has a higher capacity factor and compliments daytime solar use. Wind is also the least expensive product but is not necessarily located in the state of Colorado. A large portion of Holy Cross Energy’s hydro power is purchased through Wester Area Power Association (WAPA), which includes projects outside of Colorado, while the PuRE program funding is dedicated to projects within the Holy Cross service territory made up of several different hydro-electric projects in the state. Solar makes up only 2% of the current power supply, however it allows for the greatest potential expansion due to decreasing costs and alignment with the uses of our buildings during the daytime hours. Solar purchased through the PuRE program would cover projects located in the state of Colorado. III. DISCUSSION The Vail Town Council has approved $57,000 for the PuRE program renewable energy purchase and could allocate any portion of the funds to any or all of the resources. Based upon the discussion at the May 21st Town Council session staff has prepared considerations for tradeoffs of the renewable energy sources. Note that these considerations are relative to each other and the overall environmental impact of selecting renewable sources over traditional are orders of magnitude greater than any of the issues listed (Appendix A). IV. STAFF REQUEST Staff requests the Vail Town Council select the resource mix for the participation in the PuRE program, or alternatively, provide staff with direction on what information Council requires to make this determination. V. ATTACHMENTS A. Appendix A – Relative Environmental Impacts of Renewable Energy Resources June 18, 2019 - Page 34 of 122 RENEWABLE RESOURCE Land Use Water Use Wildlife and Habitat Life Cycle Emissions Public Health and Community Additionality Potential Wind Medium - NREL found that large scale facilities use between 30 and 141 acres per MW of power output capacity (a typical new utility-scale wind turbine is about 2 megawatts). However, less than 1 acre per MW is disturbed permanently and less than 3.5 acres per MW are disturbed temporarily during construction. Remaining land can be used for other productive purposes: livestock grazing, agriculture, highways, and hiking trails. Alternatively, wind facilities can be sited on brownfields. Low - There is no water impact associated with the operation of wind turbines. As in all manufacturing processes, some water is used to manufacture steel and cement for wind turbines. Low- (location dependent) Peer-reviewed research found evidence of bird and bat deaths from collisions with wind turbines are due to changes in air pressure caused by the spinning turbines, as well as from habitat disruption. NWCC concluded impacts are relatively low and do not pose a threat to species populations. Bats and Wind Energy Cooperative concluded that keeping wind turbines motionless during times of low wind speeds could reduce bat deaths by more than half without significantly affecting power production. Other wildlife impacts can be mitigated through better siting of wind turbines. Anecdotally, some CO wind farms cite no avian deaths. Research shows between 10,000-330,000 avian deaths/year due to wind farms vs. fossil fuel production at 24 Low - Between 0.02 and 0.04 pounds of carbon dioxide equivalent per kilowatt-hour. To put this into context, estimates of life- cycle global warming emissions for natural gas generated electricity are between 0.6 and 2 pounds of carbon dioxide equivalent per kilowatt-hour and estimates for coal- generated electricity are 1.4 and 3.6 pounds of carbon dioxide equivalent per kilowatt-hour. Medium - Sound, visual impact, shadow flicker - Some people living close to wind facilities have complained about sound and vibration issues, but industry and government- sponsored studies in Canada and Australia have found that these issues do not adversely impact public health. Mitigation measures apply to sound reduction, site dependent. High - large scale wind contracts are currently underway, large potential at decreasing costs, many in-state Solar Medium-High- Can be minimized by focusing on rooftops, siting large scale at lower-quality locations: brownfields, abandoned mining land, or existing transportation and transmission corridors. Generally 3-5 acres/MW of solar for ground- mounted systems, dependent on tilt, slope, etc. can be around 2.5 acres or up to 6-8 acres/MW. Low - Some water used in manufacturing process for cooling and production of equipment. Low - Dependent on location, construction process and habitat use. Equipment itself is generally fixed and does not have lights or noises, however, fencing could be impactful, where installed. Low- 0.07 and 0.18 pounds of carbon dioxide equivalent per kilowatt-hour. Manufacturing, materials transportation, installation, maintenance, and decommissioning and dismantlement. Low-Medium - Size and site dependent, large scale solar can have a visual impact; lower profile, screening can help mitigate. Panels are treated with anti-glare coating to absorb light, rather than reflect. High - decreasing costs, high potential in Colorado, high developer interest, favorable utility partnerships, potential for storage high Hydropower High - Change of landscape and ecosystems - Flooding land for a hydroelectric reservoir has an extreme environmental impact: it destroys forest, wildlife habitat, agricultural land, and scenic lands Medium-High - Consumptive use may be low, but the ecosystem shift and evaporative losses may be high. High - Facilities can have a major impact on aquatic ecosystems. Though there are a variety of methods to minimize the impact (including fish ladders and in-take screens), fish and other organisms can be injured and killed by turbine blades. Stagnant water, weeds, inappropriate flows, evaporation/water loss. Low - Small river plants emit between 0.01 and 0.03 pounds of carbon dioxide equivalent per kilowatt-hour. Life-cycle emissions from large-scale hydroelectric plants built in semi-arid regions are also modest: approximately 0.06 pounds of carbon dioxide equivalent per kilowatt-hour. Medium - Size and site dependent - change in water resources, visual impact. Low - limited availability to create more hydropower plants For more information on solar and land use: National Renewable Energy Laboratory, 2013, Land-Use Requirements for Solar Power Plants in the United States, https://www.nrel.gov/docs/fy13osti/56290.pdf For more information on avian deaths and wind power/fossil fuels: Benjamin K. Sovacool, The Avian and Wildlife Costs of Fossil Fuels and Nuclear Power https://cleantechnica.com/2018/02/21/wind-power-results-bird-deaths-overall/ RELATIVE ENVIRONMENTAL IMPACTS June 18, 2019 - Page 35 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: I nntopia/ Destimetrics Seasonal Update P RE S E NT E R(S ): Tom F oley, I nntopia/ Destimetrics B AC K G RO UND: Tom F oley will present a look back at the W inter 2018-2019 season and provide a brief outlook of S ummer 2019 season. AT TAC H ME N TS: Description Inntopia Presentaion 6-18-19 June 18, 2019 - Page 36 of 122 Vail Town Council June 18, 2019 Data as of April 30, 2019 Presented by Tom Foley June 18, 2019 - Page 37 of 122 2 Economy 100.0 120.0 140.0 160.0 180.0 200.0 220.0 240.0 260.0 280.0 2.0% 3.0% 4.0% 5.0% 6.0% Dow Jones Unemployment Confidence June 18, 2019 - Page 38 of 122 3 Economy •Dow Jones: •10 year anniversary Feb 2009 recession low 7,063 points; 10 year gain 19,531 pts •Up 10.1% / 2431 Pts since April 2018; Up 6.3% / 1586 Pts Since Nov 1 •Winter Gain = 4 Months; Decline = 2 Months •Survived Shutdown, Tariffs, Trade War •+ /- Remains Oversold; Exchange Rates very high; Guidance Challenges; Trade •Consumer Confidence •10 year anniversary Feb 2009 recession low 25 points; 10 year gain 104.2 pts •Up 2.9% / 5.0 pts since April 2018; Down 6.3% / 8.7 pts since Nov 1 •Winter Gain = 3 Months; Decline = 3 Months •Wavering of-late, Consecutive declines •+/- Remains strong; spending still strong; interest rate increases; Trade •Unemployment Rate / Jobs •10 year anniversary Feb 2009 recession 8.1 percent (recession high 10.2%, Oct ‘09) •3.6 percent – near statistical ‘full employment; Stable •Winter Job Creation: 201,000, Prior 6 mos 213,000 •+/- Hit / miss projections 50/50; wages consistently increasing; over-employment, staffing issues; Trade June 18, 2019 - Page 39 of 122 Montaneros Sitzmark Lodge Sonnenalp Resort of Vail The Sebastian The Wren Tivoli Lodge Vail International Condos Vail Mountain Lodge Vail Racquet Club Vail Spa Condominiums Vail Marriott The Lodge at Vail The Ritz-Carlton Residences 4 Antlers at Vail Arrabelle at Vail Square Christiania Lodge & Christiania Condos Destination Resorts Vail Vail Residences at Hotel Talisa Evergreen Lodge at Vail Four Seasons Resort Vail Hotel Talisa iTrip - Vail Lion Square Lodge Lodge at Lionshead Lodge Tower •Manor Vail Resort 27 Vail Submitting Properties June 18, 2019 - Page 40 of 122 •Aspen •Avon, Colorado •Breckenridge •Beaver Creek •Big Sky •Copper •Gunnison/Crested Butte •Keystone •Jackson Hole •Jackson Hole •North Lake Tahoe •Snowmass •Steamboat •Park City Area •Summit County, CO •Sun Valley •Telluride •Vail •Winter Park Participating Destinations 5 June 18, 2019 - Page 41 of 122 Reports with data as of April 30, 2019 include 27 properties representing 2,402 units 63% of total community census 6 Vail Property Participation June 18, 2019 - Page 42 of 122 7 Snow June 18, 2019 - Page 43 of 122 8 Dates Season Opening Closing 18/19 11/14/2018 04/21/2019 (159 days) 17/18 11/22/2017 04/15/2018 (145 days) 16/17 11/25/2016 04/23/2017 (150 days) 15/16 11/20/2015 04/17/2016 (150 days) 14/15 11/21/2014 04/19/2015 (150 days) June 18, 2019 - Page 44 of 122 9 Skiers! 51.9 53.7 53.9 53.3 50.0 46.7 50.8 54.0 54.6 52.7 54.0 52.5 54.1 52.1 52.2 57.3 54.4 57.6 57.1 56.9 58.9 55.1 60.5 57.4 59.8 60.5 51.0 56.9 56.5 53.6 52.8 54.8 53.3 59.1 0 10 20 30 40 50 60 June 18, 2019 - Page 45 of 122 10 Vail Occupancy Winter 2018/19 -1% +10% +11% +4% Industry +5% +5% +4% +3% June 18, 2019 - Page 46 of 122 11 Vail ADR Winter 2018/19 -4% -2% -11% -4% +2% -4% Industry +1 -4% June 18, 2019 - Page 47 of 122 12 Vail RevPAR Winter 2018/19 -5% +8% -1% +6% -0.1% +0.2% Industry +6% +1% June 18, 2019 - Page 48 of 122 13 Vail Change in Occupancy & ADR Winter 2018/19 June 18, 2019 - Page 49 of 122 14 Vail Winter Season YOY Change in Room Nights Available & Room Nights Booked 2018/19 2017/18 YOY Change Room Nights Available 442,481 427,447 3.5% Room Nights Booked 238,202 219,446 8.5% Occupancy 53.8% 51.3% 4.9% June 18, 2019 - Page 50 of 122 15 Vail Fill Analysis as of 1/31/19 Winter 2018/19 +87.9% +51.5% +49.7% +15.3% -7.6% +64.4% June 18, 2019 - Page 51 of 122 16 Performance Spectrum HIGHEST PERFORMING DESTINATION LOWEST PERFORMING DESTINATION VAIL DESTINATIONS GAIN / DECLINE Occupancy 62.1% 36.2% 53.8% 16/1 ADR $596 $147 $536 11/6 RevPAR $370 $64 $289 15/2 June 18, 2019 - Page 52 of 122 17 Aggregate Winter Rates Gaining -15.0% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% $- $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 $400.00 $450.00 2007/08 2008/09 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 2018/19 Industry Wide Winter ADR Performance & YOY Change West Industry Wide ADR West Industry Wide YOY % Change in ADR June 18, 2019 - Page 53 of 122 18 … but Rate gains are slowing…… 6.5% 8.1% 7.0% 6.3% 6.3% 6.8% 4.6% 11.6% 5.5% 5.0% 3.7% 11.2% 6.1% 7.8% 8.6% 9.8% 5.9% 3.8% 3.8% 0.7% 8.0% 5.1% 1.5% -0.9% 0.7% 2.8% 2.9% 1.4% 3.3% 5.1% 1.9% -4.3% 2.7% 2.3% 4.3% -2.7% -10.0% -5.0% 0.0% 5.0% 10.0% 15.0% ADR Gains Softening YOY ADR May 2016 to April 2019 June 18, 2019 - Page 54 of 122 19 Vail Daily Occupancy Report Winter 2018/19 as of 4/30/19 June 18, 2019 - Page 55 of 122 20 Vail Daily Occupancy Report Winter 2018/19 as of 1/31/19 Easter 2018 Burton US Open 2019 Shift in MLK Vail Snow Daze 2019 FBLA 2018 Burton US Open 2018 June 18, 2019 - Page 56 of 122 21 Vail Occupancy Summer 2019 -25% -12% -0.7% -7.8% Industry -0.7% -0.7% +4% +1% June 18, 2019 - Page 57 of 122 22 Vail ADR Summer 2018 -2% +6% +3.4% Industry +2.5% +2% +4% +1% -0.3% June 18, 2019 - Page 58 of 122 23 Vail RevPAR Summer 2018 -26% +1% -4.6% Industry +1.9% -8% -9% +6% +0.3% June 18, 2019 - Page 59 of 122 24 Performance Spectrum - Summer HIGHEST PERFORMING DESTINATION LOWEST PERFORMING DESTINATION VAIL DESTINATIONS GAIN / DECLINE Occupancy 51.4% 7.2% 23.0% 7/10 ADR $430 $151 $248 13/4 RevPAR $170 $16 $57 11/6 June 18, 2019 - Page 60 of 122 25 30 Day Change SUMMER AS OF APRIL 30 SUMMER AS OF MAY 31 ABSOLUTE DIFFERENCE Occupancy 23.0% -7.8% 28.2% -7.3% +0.5 Pts ADR $248 +3.5% $243 -0.7% -4.2 Pts RevPAR $57 -4.6% $68 -7.8% -3.3 Pts June 18, 2019 - Page 61 of 122 26 Vail Daily Occupancy Report Summer 2019 June 18, 2019 - Page 62 of 122 27 Seasonal Comparisons 31.7% 31.3% 27.3% 28.7% 30.4% 32.6% 37.5% 39.9% 44.7% 47.1% 47.2% 48.3% 47.1% 39.1% 39.7% 42.0% 40.6% 42.7% 43.6% 46.5% 48.7% 50.1% 48.8% 48.8% 0.67 0.80 0.69 0.68 0.75 0.76 0.86 0.86 0.92 0.94 0.97 0.99 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 0.0% 10.0% 20.0% 30.0% 40.0% 50.0% 60.0% '07 ('07/08 Winter) '08 ('08/09 Winter) '09 ('09/10 Winter) '10 ('10/11 Winter) '11 ('11/12 Winter) '12 ('12/13 Winter) '13 ('13/14 Winter) '14 ('14/15 Winter) '15 ('15/16 Winter) '16 ('16/17 Winter) '17 ('17/18 Winter) '18 ('17/18 Winter) Year Summer Aggregate Occupancy Winter Aggregate Occupancy Ratio: Summer to Winter Occupancy June 18, 2019 - Page 63 of 122 28 Seasonal Comparisons $164 $164 $156 $157 $160 $165 $186 $193 $200 $214 $232 $237 $325 $301 $289 $294 $307 $318 $331 $352 $362 $373 $384 $384 0.50 0.55 0.54 0.53 0.52 0.52 0.56 0.55 0.55 0.57 0.60 0.62 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 $- $50.00 $100.00 $150.00 $200.00 $250.00 $300.00 $350.00 $400.00 '07 ('07/08 Winter) '08 ('08/09 Winter) '09 ('09/10 Winter) '10 ('10/11 Winter) '11 ('11/12 Winter) '12 ('12/13 Winter) '13 ('13/14 Winter) '14 ('14/15 Winter) '15 ('15/16 Winter) '16 ('16/17 Winter) '17 ('17/18 Winter) '18 ('17/18 Winter) Year Summer Aggregate ADR Winter Aggregate ADR Ratio: Summer to Winter ADR June 18, 2019 - Page 64 of 122 29 Seasonal Comparisons $51 $51 $43 $45 $49 $54 $70 $77 $90 $103 $109 $114 $152 $118 $114 $123 $125 $136 $144 $164 $176 $187 $197 $197 0.33 0.43 0.38 0.37 0.39 0.39 0.48 0.47 0.51 0.55 0.55 0.58 0.00 0.10 0.20 0.30 0.40 0.50 0.60 0.70 0.80 0.90 1.00 $- $25.00 $50.00 $75.00 $100.00 $125.00 $150.00 $175.00 $200.00 $225.00 '07 ('07/08 Winter) '08 ('08/09 Winter) '09 ('09/10 Winter) '10 ('10/11 Winter) '11 ('11/12 Winter) '12 ('12/13 Winter) '13 ('13/14 Winter) '14 ('14/15 Winter) '15 ('15/16 Winter) '16 ('16/17 Winter) '17 ('17/18 Winter) '18 ('17/18 Winter)Ratio: Summer to Winter ADR Year Summer Aggregate RevPAR Winter Aggregate RevPAR Ratio: Summer to Winter RevPAR June 18, 2019 - Page 65 of 122 Thank You! June 18, 2019 - Page 66 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Upcoming Election Update - F ormat and Timeline P RE S E NT E R(S ): Tammy Nagel, Town Clerk B AC K G RO UND: The Town of Vail Clerk’s office will be conducting an at-the-poll election on November 5, 2019 to elect members of the Vail Town Council. The memorandum includes the 2019 election calendar; which outlines important deadlines for candidates. AT TAC H ME N TS: Description 2019 Municipal Election Memorandum June 18, 2019 - Page 67 of 122 TO: Vail Town Council FROM: Tammy Nagel, Town Clerk DATE: June 4, 2019 RE: November 5, 2019 Regular Municipal Election Update Town of Vail November 5, 2019 Regular Municipal Election Update The Town of Vail Clerk’s office will be conducting an at-the-poll election on November 5, 2019 to elect members of the Vail Town Council. Vail voters will choose four of the seven Town Council members. The seats are held by Kevin Foley, Kim Langmaid, Jen Mason and Greg Moffet. Kevin Foley, Kim Langmaid and Jen Mason are eligible to run for reelection. Greg Moffet is term limited. The table below reflects the timeline for petition circulation beginning August 6 and ending August 26. 91 days before election – August 6, 2019 First day candidates may circulate nomination petitions. C.R.S. § 31-10-302(2). 90 days before election – August 7, 2019 First day voters may apply for absentee voter's ballots with the Town Clerk for this election. C.R.S. § 31-10-1002(1). Voters may already be on a permanent absentee voter list based on prior request. C.R.S. § 31-10-1002(2.5) 71 days before election – August 26, 2019 Last day candidates may circulate nomination petitions. C.R.S. §§ 31-10-302(2). Last day to file nomination petitions with Town Clerk. C.R.S. § 31-10-302(6). The Town Clerk’s Office has already begun reviewing the detailed timeline and election deliverables for the November election and will have candidate packets ready for distribution by the first of August. There will also be some election related news releases and website postings ready for publication beginning in July. Eagle County Coordinated Mail Ballot Election on November 5, 2019 Eagle County will be conducting a mail ballot election on November 5, 2019 for voters to vote on county and state initiatives. The County will have a voter service and polling center at the Grand View Room at the top of the Lionshead Parking Structure. Voters will be able to drop off their ballots or have a replacement ballot issued to them at that location. Both the Town Clerk and the County Clerk have found this to be a convenient service for the Vail voters. Again, Election Day is November 5, 2019. June 18, 2019 - Page 68 of 122 November 5, 2019 Regular Municipal Election Calendar  91 days before election – August 6, 2019  First day candidates may circulate nomination petitions. C.R.S. § 31-10-302(2).  90 days before election – August 7, 2019  Last day for any changes in the boundaries of election precincts (except in cases of precinct changes resulting from annexations). C.R.S. § 31-10-502(2)(a).  First day voters may apply for absentee voter's ballots with the Town Clerk for this election. C.R.S. § 31-10-1002(1). Voters may already be on a permanent absentee voter list based on prior request. C.R.S. § 31-10-1002(2.5)  71 days before election – August 26, 2019  Last day candidates may circulate nomination petitions. C.R.S. §§ 31-10- 302(2).  Last day to file nomination petitions with Town Clerk. C.R.S. § 31-10-302(6).  64 days before election – Se pte mbe r 3, 2019 (September 2 is Labor Day)  Last day for nominees to withdraw. C.R.S. § 31-10-303(1).  45 days before election – Se pte mbe r 20, 2019 (September 21 is Saturday)  Last day to send mail ballots to military and overseas electors who have submitted a valid ballot application. C.R.S. § 31-10-102.8(2).  22 days before election – Octobe r 14, 2019  Last day for person to move into the state and be eligible to vote in this election. C.R.S. § 31-10-201(1)(b).  First day for registered electors to appear in Town Clerk's office and change address. C.R.S. § 31-10-208.  21 days before election – Octobe r 15, 2019  Filing deadline for candidate FCPA reports. C.R.S. § 1-45-108(2)(a).  15 days before election – Octobe r 21, 2019  Last day to appoint election judges. C.R.S. § 31-10-401.  7 days before election – October 29, 2019  Town Clerk to deliver absentee ballots no later than 72 hours after ballots have been received by Town Clerk (assumes October 25 for date printed ballots were received; this deadline could be earlier). C.R.S. § 31-10-1002(2).  6 days before election – October 30, 2019  Last day to register to vote. C.R.S. § 31-10-205. June 18, 2019 - Page 69 of 122  Friday before election – Nove mbe r 1, 2019  Filing deadline for candidate FCPA reports. C.R.S. § 1-45-108(2)(a).  Last day to file application for an absentee ballot with Town Clerk. If applying now, voter must pick up the absentee voter's ballot at Town Clerk's office before close of business on Election Day. C.R.S. §§ 31-10-1002(1); 31-10-1002(2).  Election Day – Nove mbe r 5, 2019  Last day for registered elector to appear at County Clerk and Recorder's office to change address. C.R.S. § 31-10-208.  Polling locations open at 7:00 a.m. and close at 7:00 p.m. Any voters standing in line at the close of polls may cast their vote. C.R.S. § 31-10-601.  Absentee ballots must be received before 7:00 p.m. C.R.S. § 31-10-1004(1).  After all votes have been read and counted, judges file certificate and statement, post abstract and deliver all supplies to Town Clerk. C.R.S. §§ 31-10-613; 31-10- 614; 31-10- 615. June 18, 2019 - Page 70 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: 2018 E HU Compliance Update P RE S E NT E R(S ): George Ruther, Housing Director B AC K G RO UND: The purpose of this memorandum is to provide an update to the Vail Town Council on the status of the deed-restriction compliance efforts that have been underway by the Town’s Housing Department since December, 2018. Unless directed otherwise, the Housing Department shall maintain the Town’s Compliance P olicy of 100% verification and zero-tolerance for non-compliance. T he consequences of this policy will likely result in summons to appear in court for violating the terms of the recorded deed-restriction. AT TAC H ME N TS: Description 2018 E H U Compliance Update June 18, 2019 - Page 71 of 122 Memorandum To: Vail Town Council From: Lynne Campbell, Housing Coordinator Date: June 18, 2019 Subject: 2018 Deed-Restricted Employee Housing Compliance Status Report __________________________________________________________________________ I. SUMMARY The Town of Vail Housing Department is charged with verifying compliance of more than 775 deed-restricted properties in the Town of Vail, annually. Housing staff sent more than 300 notices with affidavit forms attached to deed-restricted property owners in December of 2018 informing each of the obligation to provide documentation demonstrating compliance by no later than February 1, 2019, per the terms the recorded deed-restrictions. This was followed up with certified return receipt requested letters in February, 2019 to those who hadn’t yet responded by the February 1st deadline. As a result, only nine (9) of those property owners have still not yet complied with the required affidavits. Of those 9, one (1) is not required to rent the property by the terms outlined in the recorded deed-restrictions, and no further action will be taken. The remaining eight (8) deed-restricted property owners who are required to owner occupy or rent to qualified employees, but have not, and are more than two months delinquent, will be served a summons to appear in court. II. PURPOSE The purpose of this memorandum is to provide an update to the Vail Town Council on the status of the deed-restriction compliance efforts that have been underway by the Town’s Housing Department since December, 2018. Unless directed otherwise, the Housing Department shall maintain the Town’s Compliance Policy of 100% verification and zero-tolerance for non-compliance. The consequences of this policy will likely result in summons to appear in court for violating the terms of the recorded deed- restriction. III. BACKGROUND June 18, 2019 - Page 72 of 122 As of December 2018, there were 779 deed-restricted employee housing units (“EHUs”) in the Town of Vail (the “Town”). There are a number of versions of deed-restrictions in Town. These varies versions were recorded over time as the Town’s deed-restricted housing program evolved. The main versions of deed-restrictions are: • Deed-restrictions recorded prior to December 31, 1992 do not require occupancy by a qualified employee or verification of compliance. • Deed-restrictions recorded between January 1, 1993 and December 31, 1994 do not require occupancy by a qualified employee but do require annual verification of compliance by February 1 each of year. • Deed-restrictions recorded between January 1, 1995 and April 4, 2000 require occupancy by a qualified employee and do require annual verification of compliance by February 1 of each year. • Deed-restrictions recorded after April 4, 2000 require occupancy by a qualified employee, with some allowing vacancy for up to 5 months each year, and do require annual demonstration of compliance with a notarized affidavit by February 1 of each year. IV. VERIFICATION OF COMPLIANCE The owners of all EHUs were sent a notification letter and an affidavit form on December 10, 2018, in advance of the February 1, 2019, compliance verification deadline, as a courtesy reminder. 76 of the owners who failed to respond by the prescribed deadline were sent certified letters with a return request requested on February 22, 2019. Of the owners receiving the certified letters 9 have yet to respond and demonstrate compliance. Owners of deed-restrictions recorded prior to 1992 receive an annual request for information about the use of the EHU. There are 27 homes in this category. The Town received 10 responses out of the 27 units. Though not required, this information is used to track utilization, etc. Deed-restrictions recorded between 1992 and 1994 do not require occupancy by a qualified employee, but the deed restriction does require annual verification of use. There are 20 homes in this category. The Town received 19 responses out of the 20 property owners. One (1) owner has not yet responded. Deed-restrictions recorded between 1995 and early 2000 require occupancy by a qualified employee and are required to submit annual verification of compliance with the deed restriction. There are 139 homes in this category. Two (2) owners in this category have yet to respond. Owners of deed-restrictions recorded since April 2000 are required occupancy by an Employee (some restrictions allow for up to 5 months vacancy each year) and are required to submit a notarized affidavit annually. There are 593 homes in this category. Six (6) owners have not yet responded in this category. Of the six (6) owners four (4) reside in the Chamonix Vail Townhomes. Town of Vail Page 2 June 18, 2019 - Page 73 of 122 V. NEXT STEPS There are a total of nine (9) owners of deed-restricted homes that have failed to meet the compliance verification deadline and not submitted the required annual affidavits. These nine (9) owners who were sent a second certified return receipt requested letter requesting submittal of their affidavit by March 25, 2019. Court action shall commence for those owners. Attachment A lists the owner names, addresses and legal descriptions of the nine (9) non-compliant properties with repeat offenders highlighted in yellow. Town of Vail Page 3 June 18, 2019 - Page 74 of 122 Attachment A OWNER LEGALDESC ADDRESS 2018 Annual Compliance Date Received Noncompliant / summons mailed Non Compliant Issue Restrictive Covenant /Deed Restriction / Late Elizabeth Ross Johnson Revocable Trust Vail Village 1st - Block 1 Lot 17 375 Mill Creek Cir. No Response 2/27/2019 No response Type II, no rental required, Affidavit required, due Feb 1, late 2016 Jeffrey H. Bulten-Erickson Lion's Ridge 1st - Simba Run Unit 2401 E 1100 N. Frontage Rd. Unit 2401 E No Response 03/21/2019 no response Type III, shall rent, due Feb 1, late 2017, 2016 Norma Jean & Pamela Hughes Ajlouny Vail Village West 2nd - Lot 20 1835 West Gore Creek Dr. No Response 03/21/2019 no response Type I, shall rent, due Feb 1, late 2017, 2016 Dobbie Property Owner LLC Howenstine Subdivision - Lot 2 2752 South Frontage Rd. W. Unit B Yes, non- compliant 03/21/2019 affidavit indicates not rented Type III, shall rent, due Feb 1, late 2017, 2016, Lazier Tivoli LLC Vail Village 5th Filing - Block 2 Lot E 386 Hanson Ranch Rd. No 03/21/2019 affidavit Type III shall rent, due Feb 15; late 2017, 2013 Jackie Snook Chamonix Vail Community Unit 6 2373 Lower Traverse Wy. Unit A No 03/21/2019 affidavit, employee verification affidavit, W2 or paystub, prior year tax return, IRS 8821 form Type III, shall be owner occupied, may rent, due by Feb. 1, No Response Dan McNutt Chamonix Vail Community Unit 9 2361 Lower Traverse Wy. Unit B No-partial 03/21/2019 affidavit, employee verification affidavit, W2 or paystub, prior year full tax return, IRS 8821 form Type III, shall be owner occupied, may rent, due Feb. 1 Christopher Bivona Chamonix Vail Community Unit 5 2373 Lower Traverse Wy. Unit B No-partial 03/21/2019 Missing affidavit, employee verification affidavit or self employment verification information, W2 or paystub, signed IRS 8821 form Type III, shall rent, due Feb 1 Mark Harrington & Deborah Weissbard Harrington Chamonix Vail Community Unit 25 2347 Upper Traverse Wy. Unit B No-partial 03/21/2019 hours non- compliant Type III, shall rent, due Feb 1 June 18, 2019 - Page 75 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Proposed Policy Updates for Town of Vail Commemorative B ench P rogram P RE S E NT E R(S ): Greg Hall Director of Public Works/Tranportation AC T IO N RE Q UE S T E D O F C O UNC I L: Staff recommends that the Town Council review the recommended policy update for the Commemorative Bench Program and direct staff accordingly. B AC K G RO UND: The Town of Vail Commemorative B ench P rogram was introduced in 2001. A formal process was put in place in which the public could purchase a commemorative bench for a 10-year term at a cost of $2,000. The popularity of the program has exceeded the Town’s ability to place additional commemorative benches in requested locations (currently have 29 new requests unfilled since 2017). Given the administrative and resource challenges associated with the current policy, an internal staff team was formed with representation from P ublic Works, Economic Development, Communications and the Town Manager’s Office to develop recommendations to help streamline and sustain the program long-term. S TAF F RE C O M M E ND AT IO N: Staff recommends that the Town Council review the following policy questions regarding an update to the Commemorative B ench P rogram: AT TAC H ME N TS: Description Staff Memo Attachment A other bench programs Attachement B Appication Form June 18, 2019 - Page 76 of 122 To: Fro Dat Sub I. II. III. V om: D te: J bject: P PURPO The curr Program costs ha present commem alignme BACKG The Tow time the in place at a cos funding applicati term. As expectat one-time ability to have 29 challeng represen Town M program achieve other org BENCH To add Vail Town C Department une 18, 20 Proposed Po SE rent policy t m has been ave risen as proposed p morations w nt between GROUND wn of Vail C Town had in which th t of $2,000 the Arts in ion which d s such, the tions or rec e $2,000 fe o place add new reque ges associa ntation from anager’s O m long-term in reviewin ganizations H POLICY U ress the ch Council of Public W 19 olicy Updat that is used in place fo s well as the policy upda while establ n the adopte Commemora received ra he public co . The progr Public Plac did not inclu policy did n curring main e. Over tim itional com ests unfilled ated with the m Public Wo Office to dev . The team ng the progr s attached. UPDATE O hallenges as Works/Trans tes for Tow d to manage r 18 years. e program’s ates that wo lishing new ed policy an ative Bench andom requ ould purcha ram and its ces program ude renewa not address ntenance a me, the popu memorative d since 2017 e current po orks, Econo velop recom reviewed t ram, and re OBJECTIVE ssociated w sportation n of Vail Co e the Town Since then s popularity ould acknow w pricing ter nd impleme h Program uests for m ase a comm proceeds w m. This proc al terms or a s ongoing p nd/or repla ularity of the e benches 7). Given t olicy, an int omic Develo mmendation he current eviewed com ES with the cur ommemora n of Vail Co n, replacem y. The purp wledge and rms for the f entation. was introdu emorials. A memorative were implem cess includ additional c placement lo acement cos e program in requeste the adminis ternal staff opment, Co ns to help s program, e mparative b rent progra ative Bench mmemorat ment and ma pose of this honor prev future to cr uced in 200 A formal pro bench for a mented to a ded a very b costs after t ocations, d sts associa has exceed ed locations strative and team was f ommunicat streamline a established bench prog am, staff ha h Program tive Bench aintenance item is to vious reate better 01; prior to ocess was a 10-year te assist in basic he first 10-y onor ated with the ded the Tow s (currently d resource formed with ions and th and sustain objectives grams from s identified r that put erm year e wn’s h he n the to the June 18, 2019 - Page 77 of 122 Town of Vail Page 2 following objectives for the program update: 1. Review to ensure the Town has a program that is administered with clear expectations to donors 2. Town bench program should reflect costs associated with the program and reviewed periodically 3. Town bench program should resolve expired benches and allow for a continuation of requests moving forward 4. Administer the bench program in an orderly and timely way, allowing current participants time to respond upon pending expirations and being responsive to new participants IV. CURRENT INVENTORY OF OVERALL BENCHES AND CORRRESPONDING COMMEMORATIVE BENCHES The current inventory of commemorative benches totals 58 benches and is identified as follows: 1) those up for renewal; 2) benches with agreements; and 3) benches without agreements. Vail Village | 92 Total benches  39 commemorative benches, 15 with agreements, 6 no agreements, 18 currently up for renewal  31 available in more desirable spots  22 are located in less desirable locations such as designated smoking areas, bus shelters and hard to find locations  Vail Village area includes Bridge Street, Gore Creek Drive, Wall Street, Gore Creek Promenade, Slifer Plaza, Seibert Circle, International Bridge, East Meadow Drive and Vail Transportation Center Lionshead Mall | 38 Total benches  All 38 locations are available for participation in the commemorative bench program; however, donor selections have focused on locations in Vail Village as more desirable Vail Parks | 14 Total benches  10 commemorative benches, 2 with agreements, 1 no agreement, 7 currently up for renewal  Bighorn Park = 2 2 with agreements 2 up for renewal  Ford Park = 3 2 with agreements 1 no agreement 2 up for renewal  Kendall Park = 1 1 with agreement 1 up for renewal  Willow Park = 2 2 with agreements 2 up for renewal  Stephens Park = 3 1 with agreement  Mayors Park = 3 1 with agreement June 18, 2019 - Page 78 of 122 Town of Vail Page 3 Miscellaneous Areas | 5 benches  Locations: Library, Dobson Ice Arena, Vail Valley Drive bus stop 1 with agreements, 2 no agreements, 2 up for renewal Memorialized in perpetuity w/Town Council approval | 4 benches  Rod Slifer bench at Slifer Square No Records/agreement  Pam Brandmeyer behind the Library Signed agreement  Kathy Langenwalter/Dick Cleveland at Children’s Fountain Signed agreements  Ryan Cunningham on Gore Creek Drive Signed agreement V. OTHER MEMORIALS In addition to the commemorative benches, staff has identified three additional memorial plaques; however, there is no record of a formal review or approval process by the Town Council:  Susan B. Nott Memorial Bridge (also known as Aspen Court Bridge). Susan was a local ice climber and mountaineer; she died in 2006. The plaque is on the north end of the bridge. Susan’s mother was one of the founders of the Vail Nature Center and is still active in the community.  Elizabeth Alexandra Burks, April 8, 1991 – September 11, 1993. Elizabeth’s plaque is located on a stone in the center of a flower bed at Stephen’s Park. Elizabeth was hit while being pushed in a stroller on the South Frontage Road near the park. Elizabeth’s family has since left the valley.  Newt Wheatley, Katsos Ranch Open Space, placed with permission by friends and family. Newt was an ice climber who died in an avalanche in Officer’s Gulch. VI. PROPOSED COMMEMORATIVE BENCH POLICY UPDATES Staff has proposed the following be implemented into the new Commemorative Bench Program to reflect the growing demand and address recurring costs: 1. Effective January 1, 2020, Town of Vail Commemorative Benches will be approved for a 5-year term at a cost of $4,000 with no renewal. Donor will receive their bench plaque at the end of their 5-year term; if the donor can not be located, the plaque will be kept at the Public Works Administrative office for a determined amount of time. 2. Benches up for renewal under the existing 10-year term will be notified of the new policy once approved and given the opportunity to renew at the new 5-year term at $4,000 or offered to have their bench plaque mailed to them. In the notification from the Town, it will be made clear that this will be the last term offered. June 18, 2019 - Page 79 of 122 Town of Vail Page 4 3. With the new 5-year term policy, this will free up opportunities for other donors to utilize the program. Past donors may seek out a variety of area non-profit organizations for additional commemoration opportunities, such as the Vail Public Library, Vail Memorial Park and many others, once their bench term is up. 4. Every two years, the rate structure will be increased to help offset the cost and maintenance of the benches based on the annual Denver/Boulder CPI inflation calculation. 5. The new policy will make it clear to donors that they are purchasing the opportunity to honor a loved one during a specified 5-year term and are not buying the bench or a guaranteed spot. 6. The bench will be placed at the discretion of the Town within Vail Village or the Lionshead Mall. (Note: Most favorable location is within Vail Village; this change will help redistribute benches throughout both villages and eliminate existing issues of placing benches back in their requested spot due to necessary removal for redevelopment, special events and snow removal). 7. Commemorative benches will be placed only within Vail Village and Lionshead Mall. Existing benches will be eliminated from parks and along recreation trails due to space limitations, maintenance access and overall coordination challenges. These benches will be relocated to Vail Village or Lionshead. (Note: One option is to exempt the Mayors Park bench location due to its visibility and popularity. 8. The maximum size for the bench plaque is 2 ½” x 6” and will be ordered and installed by the Town. VII. STAFF RECOMMENDATON Staff recommends that the Town Council review the recommended policy update for the Commemorative Bench Program and direct staff accordingly. VIII. ACTION REQUESTED BY COUNCIL Staff recommends that the Town Council review the following policy questions regarding an update to the Commemorative Bench Program:  Does the Town Council support a new one-time, 5-year term for the Commemorative Bench program effective January 1, 2020 in which current benches up for renewal would have the opportunity to participate in the 5-year term?  Does the Town Council support a 5-year term cost of $4,000 in 2020 to be increased every two years based on the annual Denver/Boulder CPI inflation calculation to offset the cost of maintenance and administration?  Does the Town Council support refining the Commemorative Bench program to the geographic areas of Vail Village and Lionshead Mall with the exception of Mayors Park? This would eliminate commemorative benches in outlying parks and other locations unless the bench has been authorized the Town Council.  Does the Town Council support placement of benches at staff’s discretion? June 18, 2019 - Page 80 of 122 Town of Vail Page 5  Does the Town Council wish to memorialize plaques in memory of Susan B. Nott, Elizabeth Burks and Newt Wheatley? Attachments: Appendix A Other Comparison Bench Programs Appendix B Current Bench Program Application Agreement Form June 18, 2019 - Page 81 of 122 RESEARCH OF OTHER BENCH PROGRAMS FOR COMPARISON   Betty Ford Alpine Gardens   $10,000.00 per Bench.   Bench styles very.    Lifetime Term.   Plaque:  Thin engraved copper plate.    Replacement, donor gives annual gift to garden.   No more space available due to lifetime term.     Vail Memorial Park, East Vail   Price varies due to different options and if Vail Residence, Eagle County Resident or  Non‐Vail or Eagle County Resident.   Stone Bench:  o $30,000.00  Flagstone along base of the dry stacked walls:  o Vail Resident*    $2,000.00  o Eagle County Resident**  $3,500.00  o Non‐Vail or Eagle County Resident $5,000.00     Stone in one of the dry stacked walls:  o Vail Resident*    $2,500.00  o Eagle County Resident**  $3,750.00  o Non‐Vail or Eagle County Resident $6,250.00     Boulder though out park:  o Vail Resident*    $5,000.00  o Eagle County Resident**  $6,250.00  o Non‐Vail or Eagle County Resident $8,750.00   Vail and Eagle County Resident is someone who has lived in or owned property in the  Town of Vail or County for 5 consecutive years at any time in their lives.    Lifetime Term    Denver Botanic Gardens   $10,000.00.    Teak Bench.    10‐year Term.   Plaque:  Bronze   Renewal fee is another $10,000.00 for an additional 10‐year term.    Limits number of benches that can be sold.     Denver Zoo   $10,000.  Two years ago they sold for $2,500.00.   3 bench types:  o Large Log bench cut in half set on log supports.    o Wooden stat bench w/metal frame.   o Plastic composite bench.   10 year term with first right of refusal, renewal term @ $10,000.00   Plaque:  Thin engraved copper plate.      Crested Butte, Colorado  (Ski Resort)  June 18, 2019 - Page 82 of 122  $1,800.00 / wood bench / 20‐year term.   $2,800.00 / powder‐coated metal bench / 20‐year term.     Winter Park, Colorado (Ski Resort)   $3,500.00 easily.   Powder‐coated metal bench.   Life‐cycle Term.  Donor may extend the life‐cycle term by paying the current value of a  new donation.    Plaque:  Bronze     Steamboat Spring, Colorado (Ski Resort)   Canceled Bench program.   Maintenance became an issue, got tired of program.      Aspen, Silverthorne, Telluride and Boulder – No bench programs.     Santa Cruz, California (Costal Resort)   $2,500.00.   Plastic composite bench with brass plaque.   10‐year term.   Program is young, reviewing their policy to look at price and renewal term.       Whistler, BC (Ski Resort)   Tribute Plaque Program   $3,000.00   Recycled plastic stats with power coated aluminum frames.     10‐year term with 10‐year renewal term @ $3,000.00.   Plaque:  Bronze   Add 2 additional plaques for an additional cost of $500.00 per plaque all conditions of  the original agreement including the term of the agreement will apply.      Victoria, BC   $3,000.00 / wood boards’ w/metal frame / 10‐year term.   $3,500.00 / wood boards’ w/metal frame / 20‐year term.   Plaque:  Bronze   Both contracts are without a renewal option.   Only existing benches are available, no new locations.  This may change.     June 18, 2019 - Page 83 of 122 June 18, 2019 - Page 84 of 122 June 18, 2019 - Page 85 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: D R B / P E C Update P RE S E NT E R(S ): Chris Neubecker, P lanning Manager AT TAC H ME N TS: Description June 5, 2019 D R B Meeting Results June 10, 2019 P E C Meeting Results June 18, 2019 - Page 86 of 122 D E S IG N R E V IE W B O AR D June 5, 2019, 3:00 P M Town Council C hambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 2.Project Orientation 2.1.2:00 P M 3.Site Visits 3.1.1 Vail Road - Four Seasons Flame Restaurant 3.2.696 Forest Road - LS C 27 L L C Residence 4.Main Agenda 4.1.D R B19-0144 - Four Seasons Flame Restaurant Final review of an addition Address/Legal Description: 1 Vail Road/Lot A-C, Vail Village Filing 2 Applicant: Ex Vail LLC Extell Development, represented by OZ Architecture Planner: Erik Gates 1. Approved with the condition that rose colored paneling be used. Doug Cahill moved to approve with conditions. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Campbell 4.2.D R B19-0056 - Nova Sherman L LC Residence Final review of a new construction (duplex) Address/Legal Description: 4822 Meadow Lane/Lot 9, Bighorn 5th Addition Applicant: Nova Sherman L L C, represented by RA L Architects I nc. Planner: Ashley Clark Doug Cahill moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Campbell 4.3.D R B19-0186 - Ostling Residence Final review of new construction (duplex remodel/rebuild) Address/Legal Description: 706 Forest Road Units A & B/Lot 9, Block 1, Vail Village Filing 6 Applicant: Paul & Danita Ostling, represented by Shepherd Resources, I nc. June 18, 2019 - Page 87 of 122 Planner: Ashley Clark Doug Cahill moved to table to J une 19, 2019. J ohn Rediker seconded the motion and it passed (4-0). Absent:(1)Campbell 4.4.D R B19-0187 - L S C 27 L LC Final review of an addition Address/Legal Description: 696 Forest Road/Lot 8, Block 1, Vail Village Filing 6 Applicant: L S C 27 LLC, represented by Suman Architects Planner: J onathan Spence Doug Cahill moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Campbell 4.5.P E C19-0017 - Title 12 & 14 Code Clean-up Discussion Final review of a zoning code text amendment Applicant: Town of Vail Planner: Ashley Clark 5.Staff Approvals 5.1.B19-0174 - Schaetzel Residence Final review of an exterior alteration (reroof) Address/Legal Description: 2566 Arosa Drive/Lot 5, Block C, Vail Das Schone Filing 1 Applicant: W illiam & Barbara Schaetzel, represented by Colorado Contracting Unlimited Planner: Glen Morgan 5.2.D R B18-0521 - The Valley Condominiums Final review of an exterior alteration (stairs) Address/Legal Description: 1522 Buffehr Creek Road/Parcel A, Lion's Ridge Subdivision Filing 2 Applicant: The Valley Condominiums Planner: Chris Neubecker 5.3.D R B19-0076 - Timber Falls Condominiums Final review of an exterior alteration (tennis courts) Address/Legal Description: 4451 Timber Falls Court/Timber Falls Condominiums Applicant: Timber Falls Owners Association I nc., represented by Mountain Valley Property Management Planner: Erik Gates 5.4.D R B19-0127 - Riverhouse Condominiums Final review of an exterior alteration (repaint) June 18, 2019 - Page 88 of 122 Address/Legal Description: 83 W illow Place/Lot 3, Block 6, Vail Village Filing 1 Applicant: Riverhouse Condominiums, represented by Sharper I mage Painting, I nc. Planner: Chris Neubecker 5.5.D R B19-0136 - Rosenbach Residence Final review of an exterior alteration (siding) Address/Legal Description: 103 Rockledge Road/Lot 4, Block 7, Vail Village Filing 1/Raether Minor Subdivision Replat Applicant: Gary & Susan Rosenbach, represented by Shaeffer Hyde Construction Planner: Erik Gates 5.6.D R B19-0137 - La Nonna Ristorante Final review of an exterior alteration (retractable awning) Address/Legal Description: 100 East Meadow Drive Unit 24/Lot O, Block 5D, Vail Village Filing 1 Applicant: Nico Vail I nc., represented by Sign Design Planner: J onathan Spence 5.7.D R B19-0139 - Kemosabe Final review of an exterior alteration (lights) Address/Legal Description: 230 Bridge Street/Lot B, Block 5, Vail Village Filing 1 Applicant: Slifer Building L L C, represented by J en Bastien Planner: Chris Neubecker 5.8.D R B19-0141 - Mad Jess Residence Final review of an exterior alteration (deck/A C units) Address/Legal Description: 344 Beaver Dam Road/Lot 10, Block 2, Vail Village Filing 3 Applicant: Mad J ess Properties L L C, represented by K H W ebb Architects Planner: Erik Gates 5.9.D R B19-0155 - Sunwood at Vail Condominiums Final review of a tree removal Address/Legal Description: 4594 Meadow Drive/Sunwood at Vail Conodminiums Applicant: Sunwood at Vail Condominiums, represented by Mountain Valley Property Management Planner: Ashley Clark 5.10.D R B19-0156 - Lindseth Residence Final review of a tree removal Address/Legal Description: 4376 Streamside Circle W est Unit A/Lot 5, Bighorn Subdivision 4th Addition Applicant: Virginia M. Lindseth Trust, represented by Mountain Valley Property Management June 18, 2019 - Page 89 of 122 Planner: Ashley Clark 5.11.D R B19-0159 - Flower Residence Final review of a tree removal Address/Legal Description: 1335 Westhaven Drive/Cascade Village - Cascade Creek Applicant: Elizabeth Ramsey Flower Planner: Ashley Clark 5.12.D R B19-0161 - Sampson Residence Final review of an exterior alteration (retaining walls) Address/Legal Description: 1824 Alta Circle/Lot 36, Vail Village W est Filing 1 Applicant: Peter Sampson Planner: Erik Gates 5.13.D R B19-0167 - Bealer Residence Final review of a change to approved plans (windows) Address/Legal Description: 1975 Placid Drive Unit 12/Lot 29-42, Vail Village West Filing 2 Applicant: J ohn & Natalia Bealer, represented by Beth Levine Architect, I nc. Planner: Erik Gates 5.14.D R B19-0169 - Bryan Residence Final review of a tree removal Address/Legal Description: 5107 Main Gore Drive North / Lot 4, Block 1, Bighorn Subdivision 5th Addition Applicant: Scott Bryan Planner: Ashley Clark 5.15.D R B19-0170 - Streich Residence Final review of a tree removal Address/Legal Description: 5097 Main Gore Drive North / Lots 2 & 3, Block 1, Bighorn Subdivision 5th Addition Applicant: Frederick Streich Planner: J onathan Spence 5.16.D R B19-0171 - Schaefer Residence Final review of a tree removal Address/Legal Description: 1874 Glacier Court Unit A/Lot 22, Block 2, Lion's Ridge Subdivision Filing 3 Applicant: Sawyer Family Partners LTD, represented by Mike Schaefer Planner: Ashley Clark 5.17.D R B19-0172 - Mad Jess Properties L LC Final review of a tree removal Address/Legal Description: 344 Beaver Dam Road/Lot 10, Block 2, Vail Village Filing 3 Applicant: Mad J ess Properties L L C, represented by Old Growth Tree June 18, 2019 - Page 90 of 122 Service Planner: Erik Gates 5.18.D R B19-0173 - Storr Residence Final review of a change to approved plans (landscaping) Address/Legal Description: 1965 Sunburst Drive/Lot 11, Vail Valley Filing 3 Applicant: Hans G. Storr Revocable Trust, represented by Sipes Architects, I nc. Planner: J onathan Spence 5.19.D R B19-0179 - Santisi Residence Final review of an exterior alteration (windows) Address/Legal Description: 2655 Larkspur Lane / Lot 4, Block 2, Vail I ntermountain Applicant: Michael Santisi Planner: J onathan Spence 5.20.D R B19-0182 - Festa Residence Final review of an exterior alteration (venting) Address/Legal Description: 5040 Main Gore Place Unit C1 / Sundial Phase 2 Applicant: J erome Festa, represented by Rob Hall's Kitchens Plus Planner: Ashley Clark 5.21.D R B19-0183 - Vath Residence Final review of an exterior alteration (paint/windows/doors/reroof) Address/Legal Description: 1044 Homestake Circle/Lot 4, Block 6, Vail Village Filing 7 Applicant: Tricia & Steven Vath, represented by TA B Associates, I nc. Planner: J onathan Spence 5.22.D R B19-0184 - Edelweiss Condominiums Final review of an exterior alteration (repaint) Address/Legal Description: 103 W illow Place/Lot 4, Block 6, Vail Village Filing 1 Applicant: Edelweiss Condominiums, represented by Sharper I mage Painting, I nc. Planner: Chris Neubecker 5.23.D R B19-0188 - Kesavan Residence Final review of an exterior alteration (vent) Address/Legal Description: 114 W illow Road Unit 660-661/Lot 7, Block 6, Vail Village Filing 1 Applicant: Srinivasan & Amy Kesavan, represented by Carlson Construction Company, I nc. Planner: Ashley Clark 5.24.D R B19-0189 - Vail Marriott Final review of an exterior alteration (reroof) June 18, 2019 - Page 91 of 122 Address/Legal Description: 715 W est Lionshead Circle/West Day Subdivision Applicant: Diamondrock Vail Owner LLC, represented by The Roofing Company Planner: J onathan Spence 5.25.D R B19-0191 - Vail Marriott Final review of an exterior alteration (reroof) Address/Legal Description: 715 W est Lionshead Circle/West Day Subdivision Applicant: Diamondrock Vail Owner LLC, represented by The Roofing Company Planner: J onathan Spence 5.26.D R B19-0193 - Cimex Invest Inc. Final review of a change to approved plans (landscaping) Address/Legal Description: 165 Forest Road/Lot 29, Block 7, Vail Village Filing 1 Applicant: Cimex I nvest I nc., represented by Berglund Architects Planner: Chris Neubecker 5.27.D R B19-0194 - Kneser Residence Final review of a tree removal Address/Legal Description: 4173 Spruce W ay Unit B/Lot 11, Block 9, Bighorn Subdivision 3rd Filing Applicant: J ames & Sally Kneser, represented by Old Growth Tree Service Planner: J onathan Spence 5.28.D R B19-0195 - Vail Ptarmigan LL C Final review of a change to approved plans (windows/GRFA) Address/Legal Description: 1067 Ptarmigan Road/Lot 3, Block 5, Vail Village Filing 7/Vail Village Filing 10 Applicant: Vail Ptarmigan LLC, represented by Sipes Architects, I nc. Planner: Erik Gates 5.29.D R B19-0196 - Lion Square Lodge Final review of an exterior alteration (A C unit) Address/Legal Description: 660 Lionshead Place/Lot 1, Vail Lionshead Filing 1 First Addition Applicant: Lion Square Lodge, represented by C & C Plumbing & Mechanical Planner: Ashley Clark 5.30.D R B19-0197 - Peregrine Group Development L LC Final review of a change to approved plans (grading/elevations/chimney) Address/Legal Description: 5002 Snowshoe Lane/Lot 23, Vail Meadows Filing 1 Applicant: Peregrine Group Development L L C, represented by Krueger Architects June 18, 2019 - Page 92 of 122 Planner: Ashley Clark 5.31.D R B19-0198 - 1022 Eagles Nest LL C Final review of a change to approved plans (windows) Address/Legal Description: 1022 Eagles Nest Circle/Lot 3, Block 6, Vail Village Filing 7 Applicant: 1022 Eagles Nest L L C, represented by Suman Architects Planner: Ashley Clark 5.32.D R B19-0202 - Anderson Residence Final review of a tree removal Address/Legal Description: 1160 Sandstone Drive/Lot 1 & 2, Block 1, Lion's Ridge Subdivision Filing 4 Applicant: Todger Anderson, represented by Old Growth Tree Service Planner: Ashley Clark 5.33.D R B19-0203 - Robinson Family Realty L LC Final review of an exterior alteration (vent/A C unit) Address/Legal Description: 100 East Meadow Drive Unit 8/Lot M & O, Block 5D, Vail Village Filing 1 Applicant: Robinson Family Realty LLC, represented by Vail Construction Services Planner: J onathan Spence 5.34.D R B19-0204 - Motsinger & Kellerman Residence Final review of an exterior alteration (windows) Address/Legal Description: 3971 Bighorn Road 7I /Pitkin Creek Park Phase I I I Applicant: J ames F. Motsinger & Anne E. Kellerman Revocable Trust, represented by W LM Building and Home Services Planner: Ashley Clark 5.35.D R B19-0205 - Frost Townhomes Final review of a change to approved plans (windows) Address/Legal Description: 5187 Black Gore Drive/Lot 5, Heather of Vail Applicant: Frost Townhouses, represented by LK S M Design, P C Planner: Ashley Clark 5.36.D R B19-0206 - Zvibleman Residence Final review of an exterior alteration (sliding door) Address/Legal Description: 1817 Meadow Ridge Road Unit 5/Lot 21, Buffehr Creek Resubdivision Applicant: Deborah & Barry Zvibleman, represented by Ron Kirkham Planner: J onathan Spence 5.37.D R B19-0210 - Mitchell/Hussman Residences Final review of an exterior alteration (repaint) Address/Legal Description: 327 Rockledge Road Units E & W /Lots A & B, June 18, 2019 - Page 93 of 122 Rockledge Subdivision Applicant: Dean Mitchell 2012 I rrevocable Gift Trust & Hussman Family Trust, represented by Chadd Ziegler Planner: Ashley Clark 5.38.D R B18-0211 - Shaefer Residence Final review of a tree removal Address/Legal Description: 1874 Glacier Court Unit A/Lot 22, Block 2, Lion's Ridge Subdivision Filing 3 Applicant: Mike Schaefer Planner: Ashley Clark 5.39.D R B19-0214 - P.E. Corp S A Karl Edgerton Residence Final review of a tree removal Address/Legal Description: 3946 Lupine Drive/Lot 5, Block 2, Bighorn Subdivision 1st Addition Applicant: P.E. Corp S A Karl Edgerton, represented by Mountain Valley Property Management Planner: Erik Gates 5.40.D R B19-0215 - Manchester Residence Final review of a change to approved plans (roof) Address/Legal Description: 2794 Snowberry Drive/Lot 16, Block 9, Vail I ntermountain Development Subdivision Applicant: Last Ridge Development Corp, represented by I ntention Architecture Planner: J onathan Spence The applic ations and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of items are approximate, subject to c hange, and cannot be relied upon to determine at what time the Design Review Board will c onsider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. June 18, 2019 - Page 94 of 122 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N J une 10, 2019, 1:00 P M Town Council C hambers 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order Present: Pam Hopkins, Karen Perez, Brian Stockmar, Brian Gillette, Rollie Kjesbo, J ohn Ryan Lockman Absent: Ludwig Kurz 1.1.Executive Session pursuant to C.R.S. 24-6-402(4)(b) to receive legal advice on specific legal questions, regarding quasi-judicial decision making. 30 min. Brian Gillette moved to convene in Executive Session. Pam Hopkins seconded the motion and it passed (6-0). Absent:(1)Kurz Karen Perez moved to adjourn Executive Session. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Kurz 1.2.Actions resulting from Executive Session 5 min. 2.Site Visits 2.1.2699 Davos Trail - Mexamer Davos L L C 3.Main Agenda 3.1.An appeal, pursuant to Section 12-3-3, Appeals, Vail Town Code, of an interpretation by the Administrator of the Community Development Department concerning Section 12-10-4: Additions or Changes, Vail Town Code, regarding parking requirements for a redevelopment project, located at 616 West Lionshead Circle/Lot 1, Vail Lionshead Filing 4 (Concert Hall Plaza), and setting forth details in regards thereto. (TC19-0003) 45 min. Applicant:Hughes Land Holding Trust, represented by Pierce Architects Planner:Chris Neubecker Mr. Neubecker reviewed the appeal application and provided the commission with staff’s interpretation of the Town Code. There was a discussion regarding the difference between an addition and new construction and the role each plays in triggering parking requirements. Mr. Neubecker stated that parking would not be required for the portion of the building to remain, but would be required for the addition or new construction. June 18, 2019 - Page 95 of 122 Chairman Stockmar stated that a demo/rebuild is an addition by scraping a substantial portion of a building and creating new construction in place of the structure that was demolished. Mr. Stockmar clarified that the foundation will remain. Mr. Neubecker affirmed Mr. Stockmar ’s characterization and reiterated that parking will only be required for the portion of new construction. Mr. Lockman confirmed that under their review was staff’s interpretation of the code and not a specific project. Upon inquiry from Mr. Lockman, Mr. Neubecker confirmed this understanding, but that their decision may impact future applications. Mr. W illiam Pierce on behalf of the Hughes Land Trust, provided a presentation. Mr. Pierce read from Mr. Neubecker ’s memo. Mr. Pierce stated that they intend to construct new residential units and plan to provide parking for those units. Mr. Pierce argued that they are decreasing the demand for parking. Mr. Pierce stated this discussion precipitated from their desire to lower the pedestrian walkway level to be at the same elevation as the bus drop off. He stated that they would like to eliminate the grade change from the bus drop off to pedestrian walk-through level of the building. Mr. Pierce stated the existing foundation is in good shape and would like to utilize it. Upon inquiry from Ms. Hopkins, Mr. Pierce described the grade of the site and how they would like to lower the grade to remove the steps to allow for pedestrian flow. Mr. Pierce stated that an entire set of steps on the east side could be removed as a result of lowering the grade. Mr. Pierce stated that they are proposing to use mechanized parking on the site. Utilizing sheet A0.00.2 showing cubic volume of the building, Mr. Pierce described the volume being removed and being maintained. Mr. Pierce showed an image of 288 Bridge Street and stated that it was an example of a demolition project. He stated at the time it was not considered a demo/rebuild. He then reviewed the parking requirements and payment- in-lieu for 288 Bridge Street. Mr. Pierce then discussed Golden Peak renovation and stated it is similar to the Concert Hall Plaza. Mr. Pierce then reviewed the plans for the Landmark and stated that parking was never provided. He then reviewed the Lionshead Master Plan and stated they plan to provide all required parking for new uses. Commissioner Stockmar called for public comments. There were no public comments. Mr. Neubecker stated that the code does not refer to volume of a building, it refers to floor area. He noted that they are essentially removing the building and then infilling into the existing foundation area. Upon inquiry from Commissioner Gillette, Mr. Neubecker stated all the June 18, 2019 - Page 96 of 122 floor area will be removed. There was a discussion regarding other options available to meet the parking requirement. Mr. Pierce stated that they are reducing the number of parking spaces and for that reason they are reducing the parking demand. Mr. Lockman stated the key point is that while the foundation is remaining the space above is being removed. Mr. Pierce stated that Mr. Neubecker ’s memo refers to redevelopment. Mr. Lockman stated that Section 12-10-4, Addition or Changes, was interpreted correctly by town staff. He noted that while the foundation remains, this is a rebuild and parking needs to be provided. Ms. Hopkins concurred with Mr. Lockman. Ms. Perez concurred and stated that this is a new build even though the foundation remains intact. She advised the applicant to explore one of the other remedies available in the code to address parking. Mr. Gillette stated it comes down to whether or not this is a new building or an existing building and it is not quantified. Mr. Pierce confirmed there is no existing GRFA, however, there is floor area. Mr. Neubecker read Section 12-10-4 into the record. Mr. Gillette stated the P E C must decide if this is an existing building or not. Mr. Gillette stated there was a purpose the code was written this way. Mr. Kjesbo stated that it is an existing building, with a change in use and destroying the retail that is existing. He stated he is inclined to agree that this is an addition or enlargement of an existing building and stated the code’s intent is for parking to be provided for the new area. He noted that floor area or GRFA is not included in the section. Mr. Spence stated that the applicant could propose a text amendment to clarify the current code. Mr. Stockmar stated that the existing code is insufficient to make a determination on its face. Mr. Stockmar noted the constraints the board operates under, the board is unable to expand the code or create a new category. He concurred with the majority of commissioners. Mr. Stockmar stated that the board does not have the flexibility or power to create new language. He noted that his vote would be to uphold the staff determination. Rollie Kjesbo moved to uphold the Administrator's Determination. J ohn-Ryan Lockman seconded the motion and it passed (5-1). Ayes:(5)Hopkins, Kjesbo, Lockman, Perez, Stockmar Nays:(1)Gillette Absent:(1)Kurz 3.2.A request for the review of a variance from Section 12-6D-6, Setbacks, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for a variance to the front setback of 20 45 min. June 18, 2019 - Page 97 of 122 feet for a new Two-Family residential building, located at 2699 Davos Trail/Lot 16, Block B, Vail Ridge Subdivision, and setting forth details in regard thereto. (P E C 19-0015) Applicant:Mexamer Davos LLC, represented by Scott S. Turnipseed A I A Planner:Chris Neubecker Mr. Neubecker presented the application. He noted that the code has provisions for garages on steep lot, with grades of 30% or greater. He stated that moving the structure around on the property has implications for site disturbance. He further stated that evidence has not been provided to demonstrate the lot as undevelopable. He noted that a previous subdivision and lot line adjustment is creating constraints on the lot. Mr. Stockmar asked if the garage has minimal setback and that the code does not allow for an extension of that plane above the garage to include any GRFA above. Mr. Neubecker confirmed that GRFA or living space is not allowed above the garage in the setback. Mr. Glenn Harakal, architect with Scott Turnipseed Architecture, presented the request for the variance. He noted the edge of the existing access easement for the existing garage. Using a site plan, Mr. Harakal demonstrated where the garage is sited. Mr. Harakal stated that they are asking for variance because the last D RB meeting where the D RB liked the structure with one negative comment being that it appeared that the building as artificially pushed back into the hillside. Mr. Harakal stated that the building will be 30’ into the ground if they went to a 20’ front setback. He described the parking and stairs at the property across the street and noted they dealt with a similar condition. Chairman Stockmar called for public comment. Randy Fisher, owner of lot 17, stated the he re-subdivided the property in 1998 and the existing house he added on to was not needed. He subdivided the property to show that a house could be built in compliance on Lot 16. He noted that there is another way to develop the property and argued that it can be done and has developed other properties in compliance. He noted that he has investigated what it would take to develop the house and described how. He stated he is concerned because it impacts the value of his property. He noted there are other issues involved but if you’re going to allow variances at the end of subdivision, then some thought should be given to creating an access the spur. He stated it’s a dangerous situation because large trucks are forced to back out. Mr. Fisher stated that the existing dangerous condition would be exacerbated by a structure in the setback. He asked the board to consider the ramifications of bringing a building closer to the street. He stated he was not notified of the meeting and would like to have time to prepare and would like more opportunity. J ay Nobrega, representing the developers, stated a concept was presented to the D RB that did not required a variance but moving it forward offers a superior design and argued that there has been reasonable allowances made. June 18, 2019 - Page 98 of 122 Mr. Harakal stated he looked up all the adjacent properties and provided the town with stamped envelopes for public notice. Mr. Neubecker stated that a comment was made that the building would look better, which is not a variance criteria. He further noted that other properties may have been granted variances, however, each application must stand on its own. Mr. Neubecker noted that the code does not limit the length of retaining walls. He noted that he did not know the impact to the site if they split and moved the upper portion back, which may increase site coverage. He stated site coverage would be a separate issue. Upon inquiry from Mr. Gillette, Mr. Neubecker stated that the D RB may approve a garage in the front setback on a steep slope. Mr. Kjesbo stated that the applicant stated the house can be built without variances and noted that with new construction the design must be to the lot and not require variances to make it work. The garage could be in the setback and noted that he would not support a variance for GRFA in the front setback. He further noted that this may be too much house for the lot and a single-family structure may be more appropriate. He noted for those reasons he cannot support the variance request. Mr. Gillette concurred with Mr. Kjesbo and noted that the orientation of the house is contrived and when compared with the lot, it does not make sense. Ms. Perez stated that the role of the P E C is to see if it meets the criteria. She noted that its unique in the steepness, the code provides relief with respect for the garage and retaining walls at the D RB level. She noted the grant of a variance would be a special privilege. Ms. Hopkins concurred and noted that the site coverage may be difficult to reach may be that the structure is too big for the lot. Mr. Lockman concurred with Mr. Kjesbo and did not feel the criteria had been met. Mr. Stockmar echoed the comments from the other commissioners. He noted page 8 of the staff memo, that essentially the relationship of the requested variance that the proposed location of the home would have negative impacts on other structures in the vicinity. He noted that a variance grant would be a grant of special privilege, particularly because the applicant has stated that there are alternative options that would meet the requirements of the code. Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Kurz 3.3.A worksession to discuss a zoning code text amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to update definitions, including the removal of redundant definitions, the consolidation of definitions defined multiple times, relocation of 20% hardscaping standard to Title 14 and amendment to the landscaping regulation to allow up to 20% permeable hardscaped space, and setting forth details in regard thereto. 45 min. June 18, 2019 - Page 99 of 122 (P E C19-0017) Applicant:Town of Vail Planner:Ashley Clark Ms. Clark introduced the proposed text amendments. There are areas of the code that can be cleaned up. I ssues are arranged in the memo in order of easiest to most complicated issues. No formal action is being requested today. We will take these proposed changes to the D RB before returning to the P E C on J une 24. We are looking for feedback from the P E C on the ideas proposed so far. Also, Pete Wadden, Watershed Education Coordinator, is present to answer questions about landscaping. Stockmar – Let’s make this a back and forth discussion. Gillette – Please point out when you get to the issues raised by Dominic Mauriello in his email to the P E C. Clark – Discussed elements of the code that are duplicated or the same in both Title 12 and Title 14. These are Category 1 changes. Category 2 changes – These are duplicated, but with different language Stockmar- Should we consider creating one section of the code with definitions? Clark – I n some cases, the terms are very technical, and are specific to design related issues. Perez – Add a reference to state that any definitions not found in this section, please refer to another code section. Clark – I n a few sections of the code, there are regulations in the definitions. She reviewed definitions of dwelling unit, and employee housing units. Also, we can not regulate satellite dishes, and so this should be removed from the code. Site Coverage has two methods for measuring; we recommend removing the definition in Title 14, and keeping it in Title 12. Stockmar – I have seen properties underground that were allowed to be built to the property line. Clark – Discussed definitions of slope, difference between Title 12 and Title 14. The Commission wanted to ensure that any place there is not a definition in one Title, that a reference be added to guide people to other Title where definitions sit. Clark – Reviewed Category 3 definitions, including Administrator and Vail Comprehensive Plan. Gillette – We have a lot of master plans that make up the Comprehensive Plans. Should we just refer to this as the Town Master Plan? Clark reviewed Category 4 definitions – Definition of Landscaping and Landscape area, needs to be fixed. Language on 20% of the core development areas needs to be addressed. June 18, 2019 - Page 100 of 122 Stockmar – Does the code differentiate between natural, untouched areas, and landscaped areas? W e have some regulations on riparian areas. Pete W adden discussed the goals of improving Gore Creek water quality, which includes reducing impervious areas. Gillette – Concerned about existing hardscape that was counted as landscaping, as mentioned by Mauriello in his email. W e should have an exception for existing impervious hardscape that was previously counted as landscaping. Gillette – I s a drip though deck pervious, or impervious? W hat about gravel drives? How do people demonstrate that something is pervious? The cost of pervious pavers and patios is cost prohibitive. Clark showed examples of projects that were able to meet their landscaping without needing to use any hardscape to meet the code. None of the projects she has worked on since arriving at the Town needed to use hardscaping to meet their required landscaping. Stockmar – The Town’s goal is to get water to percolate through the ground before running to the creeks, to improve water quality. Wadden – The Gore Creek Action Plan directs staff to work to reduce impervious surfaces. Gillette – I think the smaller lots and need for hardscape is more prevalent than you are indicating today. Clark – I will do some more research on smaller lots, and some of the lots Mr. Gillette has worked on. 4.Approval of Minutes 4.1.P E C Results May 13, 2019 Karen Perez moved to approve. Rollie Kjesbo seconded the motion and it passed (5-0). Abstain:(1)Lockman Absent:(1)Kurz 5.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Kurz The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please June 18, 2019 - Page 101 of 122 call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department June 18, 2019 - Page 102 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: May 6 2019 A I P P Meeting Minutes AT TAC H ME N TS: Description May 6 2019 AIP P Meeting Minutes June 18, 2019 - Page 103 of 122 Public Notice - Art in Public Places Board Meeting Minutes Monday, May 6, 2019 - 8:30 a.m. Town Council Chambers AIPP Board members present: Susan Bristol, Julie Hansen, Kathy Langenwalter, Bill Pierce, Kara Woods AIPP Board members absent: Patricia Donovan, Margaret Rogers Others present: Molly Eppard, AIPP Coordinator 1. Roll call and approval of minutes from April 1st meeting. 2. Citizen input. 3. Stephen’s Park Artistic Concept Approval, Todd Oppenheimer (attached presentation) Todd reviews the Stephen’s Park playground area and the existing structural conditions which are designated within the improvements. He then reviews the artistic concepts as presented by selected artist Ben Roth in collaboration with the TOV design team. The Gore Creek quality initiatives have served as an inspiration in the artistic / play elements. The design will incorporate 20 to 25 oversized “horsetail” plants created from welded pipe forming a maze throughout the playground. The height is about 16 feet (tapered) with a wire meshed top and will be painted the vibrant green similar to the actual plant. There will also be a stump-like play feature within the space. Ben will contribute to the design of the stump, but it will be fabricated elsewhere. Kathy wants to ensure that the paint is durable and applied so it will not get damaged with use. She questions if it can be climbable. Todd explains the sections will be ground at the weld. Molly comments that the horsetails will be complimented with bouncy bug features continuing the creek habitat theme throughout the play area. It will create a sense of being transformed to a Liliputian. She remarks today the Board should focus on the art for discussion in order to proceed with design and construction approval. Kara asks the Board for remarks pertaining to the artistic concepts. The Board compliments the designs presented and believes it will be a fun artistic addition to the playground. The Board motions and unanimously approves the artistic design elements by Ben Roth for the Stephen’s Park playground. 4. Red Sandstone Garage Public Art Installation. Molly updates the Board on the art installation taking place on Friday May 10 @ 9 am – 1pm. The artist did not send a template, so the contractors drilled the placements for the anchor bolts by hand. She shares the staging for the installation with the Board, including the plan for securing the site, placement of semi, and crane location. She asks the Board to view the work as soon as possible for remarks, comments, and approval which is necessary for releasing final payment. The artist did not apply anti-graffiti coating, he suggests painting over any additions to the blade. Molly remarks that we may want to consider applying it especially on the lower portions. Kathy is concerned the rusting won’t happen if it is applied. Susan asks if a clear coat was applied. Molly has requested a maintenance plan from the artist, but has not yet received it. 5. Summer Mural Program Update. Molly informs the Board about some exciting exposure Kelsey Montague has recently received since we have gone under contract with her. Her Instagram has increased by 40,000 due in part largely to Taylor Swift commissioning Kelsey to create a mural in Nashville announcing the release of her new album. The Taylor Swift image standing before Kelsey’s mural has over 2.5 million likes. It was also featured on televised media. The Board feels strongly about capturing Kelsey’s mural in Vail with the film crew who is creating a youtube series focusing on the #whatliftsyou campaign with Kelsey and Courtney Montague. Being Fourth generation June 18, 2019 - Page 104 of 122 Coloradans, they want to focus on culture in a mountain town. They feel like Vail is the perfect backdrop for this episode. Since VLMD has passed on funding the filming, the Board moves to fund the filming. They feel it not only captures the public art, but it is a great marketing tool for culture in Vail. They do not want this to be a missed opportunity. The Montagues would also provide us with shorter clips for social media deliverables. We are hoping to have a meet and greet, perhaps a coloring book signing, in partnership with the Four Seasons. Molly is working on the contracts for Pedro/Jaimie July 15 - 19 & Pat Milbery – August 12 – 16. The Board discusses the area for Pat’s mural. At this time, they do not feel like Pat’s mural should extend to the outer walls, but to create a larger mural on the designated inside area. The Board would like to see some better lighting in the area drawing your attention to the mural. 6. Collection maintenance.  10th Mountain Division Soldier is off-site and being conserved in Loveland. It will be re-installed the last week in June when the Slifer Square construction is completed. There is a sign at the site explaining why it is not in place.  Bronze collection should be cleaned in the coming months.  Stone collection cleaning – Molly is getting an estimate to have the stone sculptures and base of the 10th Mountain Soldier cleaned this summer.  Stickwork – Public Works removed middle portion by hand which did not survive the Spring “snowmaggeden.” Sam Dougherty came to Vail to assess the installation. It is stable and visually fine. Pat & Sam are pleased with how it looks with the middle section removed. We will continue to do basic maintenance around it this summer. Molly will hire security during GoPro concerts for the sculpture. June 18, 2019 - Page 105 of 122 7. Coordinator Updates.  Budget update: $30,000 in winterfest. $50,000 EW Partners – donation towards Ford Park art shack will be put in the supplemental budget.  Marketing & press – ad in ART, articles in Lifestyle & Vail Beaver Creek Mags.  Calendar of events & programs – Meetings – June 3, July 1, August 5, Sept. 9; Alpine events – handout; Art Walks – June 26 – Aug 28  “Artspiration” - TedEx Public Art Video – Helen Marriage: https://www.ted.com/talks/helen_marriage_public_art_that_turns_cities_into_playgrounds_of_the_imagi nation?language=en 8. Meeting adjourned. June 18, 2019 - Page 106 of 122 June 18, 2019 - Page 107 of 122 June 18, 2019 - Page 108 of 122 June 18, 2019 - Page 109 of 122 June 18, 2019 - Page 110 of 122 June 18, 2019 - Page 111 of 122 June 18, 2019 - Page 112 of 122 June 18, 2019 - Page 113 of 122 June 18, 2019 - Page 114 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Minutes from the May 1, 2019 C S E Meeting AT TAC H ME N TS: Description C S E Minutes 5-1-2019 June 18, 2019 - Page 115 of 122 COMMISSION ON SPECIAL EVENTS MEETING Vail Town Council Chambers Wednesday, May 1, 2019 @ 8:30a.m.-11:00a.m. AGENDA: Meeting materials can be accessed after 4/26/19 at the following link: May Meeting Packet 1. @8:30a.m.: Administrative Items (10 minutes) • Approval of the Minutes from the CSE Meeting on April 3, 2019, Approved 7-0 • Motion to approve final funding for 10th Mountain Parades • Davis motioned, Kundolf second, Valenti recused, Approved 6-0 • Upcoming events to attend: Miano ran through upcoming events and discussed tickets for LFA event • Legacy Fighting Alliance – 5/3 • Vail Whitewater Race Series – Tuesday Nights 5/7-6/4 • Wadey- VRD looking for restaurant to host after party May 14th • Vail Beaver Creek Restaurant Week -5/26-6/2 • GoPro Mountain Games – 6/6-6/9 2. @8:40a.m.: Event Recaps (40 minutes) • Ski for MS – Meg Sheehan, (10 minutes) Sheehan ran through presentation and added following comments: Huge addition was Johnny Mosley coming to town, brought out a few thousand people to say hello. He also got to ski with some larger donors. -Tyler Hamilton was also on site to ski with everyone Kundolf commented: you listened, you got sponsors and there was excitement this year, very well done -Davis motioned to approve final funding, Valenti second, approved 7-0 • Family Apres Ski – Brian Hall (10 minutes)- Brian Hall went through his presentation and touched on the following highlights. Got into Vail Daily, folks were out with families taking great photos and getting involved with social media -Gordon – maybe skip Christmas next year because it is already so busy? A) I will probably do that next year but depends on funding and what not. It does give confused people the opportunity to ask questions and get people information. We used to have a town crier to answer questions -Kundolf – A lot of people came in and they were pumped up. Keep the cirque thing here and pump that up. And I like the idea of a town crier June 18, 2019 - Page 116 of 122 -Valenti – Dec. 30th- niece and nephew were in town and they loved it and it helped us handle dinner with no reservation and kids. -Gordon – Is Arrabelle a cash sponsor? A) Yes they are. Vail Resorts is not currently. It seems like a great opportunity to pull these organizations together to help expand and it can help with training -Rediker- I think it went well this year and I am excited for next year. When you come back for funding talk about advertising in Vail Daily etc. -Hall- actually working on doing some trade with Vail Daily to help out and do a kids guide to aid in promotion -Kundolf- Talk to concierge, they do a newsletter that you could get involved with. Talk to Victor the head concierge at Sonnenalp, he handles that -Marco made motion to approve final funding, Barry second, pass ,7-0. • Powabunga – Austin Gavlak, Alex Ballesteros (20 minutes) Played two minute video overview of event and said a final edit is still to come Gavlak ran through overview of presentation and added following comments: -Super excited about first year, really hit our demographic -Lot of people throughout community came together to help pull everything together -Gordon asked when he received dashboard? Gavlak answered last night at about 6pm. -Kundolf commented - think it was a great first year event after having some concerns. Start earlier next year. The visual was great driving by. I had people from Denver, young professionals, they came, they had money and spent money and stayed longer because they realized it wasn’t exactly EDM but live musicians. -Rediker commented- I went, I had a great time, the production level was really good. My coworkers that are your target demo said that they truly enjoyed themselves. -Gavlak – big misconception on what kind of music it was -Wadey -- offered positive feedback on VIP area -Gavlak – we were really proud of that. Had seating areas, bottle service, passed hors d’oeuvres, could walk up towards the stage. It was a really neat environment. -great attendance to upgrade to VIP from day 1 to day 2 - Wadey asked - Do you have a plan to work on the Mexico City market? --- -Gavlak stated: Yes, I have some connections with families in Mexico City that will help out. -Davis commented- Very overwhelmed with the positive feedback. Police, EMT’s, Mike Vaughn, all spoke highly. -Kundolf commented: I think the ticketed concept helped with the emergency services and that was a positive -Gordon added: If it’s free it’s just community people that aren’t looking to spend money, ticketed brings people in. And the production level was terrific. And the bands were top notch, even though I didn’t know them. And different vendors, it was new and exciting June 18, 2019 - Page 117 of 122 -Wadey – talk about budget? -Gavlak- we didn’t make money this year but that’s ok. I think now that we have marketing materials to help next year. -Wadey – thinking about dates for next year? -Gavlak – we are talking about it, but we may look to April -Vlaar- the walkways not having snow is something we are looking at to help people get to the venue. - Gavlak – yes, walking along the river is a better experience than walking Along I70, it doesn’t create a fun energy. -Davis- motion to approve final funding – Kundolf second – passed 7-0 3. @9:20a.m.: RFP Dates for 2020 Funding, Matt Miano (20 minutes) -Miano ran through 2018 dates and proposed similar dates for 2019 and opened for discussion Kundolf -We need to have our regular meeting for recaps Gordon- commented on holidays that would exclude him from participation and all agreed to work around those dates -First Funding meeting “Producer Interviews” will be held on Thursday October 10 -Wednesday, October 16 will be the ‘Allocations’ meeting, Newbury-Rediker encouraged everyone to be on top of their scoring and Kundolf suggested that the scores be due by Sunday night October 13 from all CSE members. -Wadey asked if there were ways to sync the software and Vlaar said we had time to look into that. -Miano to send out calendar invites for all meetings which led to discussion of where to host the meetings. With needs being ample space, ability to project presentations as well as record the meetings all agreed that the Grandview would be great as it also provides parking options. -Newbury Rediker thought Patty McKenny may prefer council chambers -Kundolf added that she would be here through funding meetings but would then be moving on as her home is under contract for sale. -Wadey encouraged staff to include the Vail Mountain permit website on our next event producer newsletter so that everyone new deadlines to submit to Vail Mountain for on-hill activation. -Bisantz asked if there was anyway to solicit specific events and conversation ensued about sending out an RFP, all agreed to add to next agenda for further discussion -Jana Morgan spoke as VLMDAC representative and commended CSE and spoke about collaboration and thought working together would help with the RFP process And encouraged CSE members to continue to attend VLMDAC meetings 4. @9:40am.: Event Producer Brand Meeting Recap, Mia Vlaar (10 minutes) -Wadey asked for recommendations from VLMD and suggested that CSE would love to share ideas with VLMDAC for event marketing June 18, 2019 - Page 118 of 122 -Vlaar commented that the event marketing primarily plays in the Front Range and not destination markets. And that the brand meeting with event promoters was really positive meeting. She shared that at end of meeting Ariel of bluegrass started to chat with other producers and how they can align marketing efforts together and the idea of collaboration between events really took off. - Kundolf – look at visuals from VLMDAC, but I’m not sure how it aligns with events 5. @10:20.m.: New Business and Community Input (5 minutes) -Vail Holidays Update - staff – really good brainstorming session with Laurie and Angela Vlaar – talked about weekly meeting with Vail Mtn. and additional activation in Village with the mountain. More animation and more reasons to come Beth Howard is also very interested in getting involved and is now at the helm of Vail Mtn. -Kundolf – I think we need some new and fresh ideas and to activate in November will take some money to be successful -Global Solutions Forum is asking $50K of town council and Carlie has asked why we funded as we did -Davis- I think we were just to far apart and that is a larger ask than I think they are out of step -Valenti- it was thoroughly discussed and we were all conformable with amounts -Davis – I trust that council understands what it would be if council opened up dialogue for one of our smallest EE funded events and it would diminish our work. Adjournment - Newbury Motioned, Davis Second 7-0 @10:25a.m. Next CSE Meeting: Wednesday, June 5, 2019 – 8:30-11:00a.m. - Vail Town Council Chambers June 18, 2019 - Page 119 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Boards Appreciation Night Date August 27, 2019 Bone Diggers for Boards A ppreciation Night June 18, 2019 - Page 120 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Executive Session, pursuant to: 1) C.R.S . §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests; to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, Regarding: potential real property acquisition P RE S E NT E R(S ): Matt Mire, Town Attorney June 18, 2019 - Page 121 of 122 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Recess 4:40 p.m. (estimate) June 18, 2019 - Page 122 of 122