Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2019-07-02 Agenda and Supporting Documentation Town Council Evening Meeting Agenda
VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Town Council Chambers 6:00 P M, July 2, 2019 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Appointments for Boards and Commissions 2.1.Vail Local (Liquor) Licensing A uthority Appointments 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Counc il: A ppoint two people to serve on V L L A for two- year term ending May 31, 2021. 3.Consent Agenda (5 min.) 3.1.J une 4, 2019 Town Counc il Meeting Minutes 3.2.J une 18, 2019 Town Council Meeting Minutes 3.3.Resolution No. 30, Series of 2019, A Resolution Approving an I ntergovernmental Agreement B etween Eagle County, Colorado and the Town of Vail for Acquisition and Management of 3785 Lupine D rive 3.4.Award a c ontrac t to Roc k Solid Solutions for the Timber Ridge Rockfall Mitigation work. Bac kground: The Timber Ridge Operating Committee sought proposals from qualified contractors for the stabilization of the roc k outc roppings above the town-owned Timber Ridge Village Apartments. A total of up to $400,000 has been budgeted for c ompletion of rockfall stabilization mitigation work. Rock S olid S olutions Corporation of P arachute, Colorado has submitted a proposal for the c ompletion of the required sc ope of work. Similar mitigation work was succ essfully c ompleted by the Town of Vail on the hillside above the Lions Ridge Apartments. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Roc k Solid July 2, 2019 - Page 1 of 117 Solutions Corporation to c omplete the Timber Ridge Village A partments roc kfall stabilization mitigation work in the amount not to exc eed $350,000. 4.Town Manager Report 4.1.Update on Guest Experience I nitiative "Bolster Early W inter S eason Economy with Re-I maginiation of Thanksgiving Holiday" 5 min. Presenter(s): Patty Mc Kenny, I nterim Town Manager, Mia Vlaar, Ec onomic Development Director Action Requested of Counc il: C ounc il feedback on the initiative currently being developed for Thanksgiving holiday week. Bac kground: Provide an update about one of the Town of Vail and Vail Mountain guest experienc e initiatives assoc iated with the Thanksgiving Holiday week ac tivation. 5.P resentations / Discussion 5.1.Feedback from Economic Development Boards & Commissions about Civic Area Master Plan (inc luding Vail Local Market Advisory Council and Commission on Special Events) 20 min. Presenter(s): Mia Vlaar, Ec onomic Development Director Bac kground: As part of the public engagement process for Vail’s C ivic Area Plan, a joint meeting was held the Vail Economic Advisory Council, Commission on Special Events and Vail Loc al Marketing D istrict Advisory Council. The purpose of the joint meeting was to make rec ommendations regarding economic priorities for the Plan. 6.Action Items 6.1.Town of Vail Data Center Update and Resolution No. 29, S eries of 2019, Resolution approving Contract with Lewan and Associates 15 min. Presenter(s): TJ J ohnson, I T D irec tor Action Requested of Counc il: Motion to award contract for Data Center. Bac kground: I n c onjunction with the Projec t Thor Meet Me Center commitment, the Town of Vail is constructing a new data c enter at Fire Station 3. The Fire Station was chosen as the best loc ation for ac commodating the two projec ts and a repurposing of downstairs office space and upstairs dormitory units has been made to acc omplish the project. The data center is key to the town's system operations and protec ting its digital information. A request for proposal process was used for the selec tion of the vendor who will help the town construc t the center. The Resolution attached if approved, would secure the c ontrac t with the data c enter vendor. 6.2.Ordinanc e No. 10 Series of 2019, First Reading, An Ordinanc e Repealing and Reenacting Chapter 8 of Title 4 of the Vail Town Code, Regarding Solicitation 10 min. Presenter(s): Matt Mire, Town Attorney Action Requested of Counc il: A pprove, approve with modifications or deny Ordinanc e No.10, Series 2019, upon first reading. Bac kground: Ordinance No.10, Series 2019, is a housekeeping ordinance amending the Town's solic itation regulations to bring the Town Code up to date with the current state of law regarding solic itation. Staff Rec ommendation: Approve, approve with modifications or deny Ordinanc e No.10, Series 2019, upon first reading. July 2, 2019 - Page 2 of 117 6.3.Ordinanc e No. 11, Series of 2019, First Reading, An Ordinanc e Amending Sec tions 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17, 12-7I -17 of the Vail Town C ode, and Adding New Sections 12- 7A-16 and 12-7J -15 to the Vail Town C ode, to Clarify the Permitted Loc ation of Business Ac tivities in C ommercial, Business and Mixed Use Zone Distric ts. 10 min. Presenter(s): J onathan S penc e, C ommunity development Planner and Matt Mire, Town Attoreny Action Requested of Counc il: Approve, approve with modific ations, or deny Ordinance No. 11, S eries of 2019, upon first reading. Bac kground: This is a request to clarify and codify the permitted location for business ac tivities in the c ommercial, business and mixed use zone distric ts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Acc ommodation (PA) and Public Ac commodation-2 (PA-2), to further c larify the acceptable loc ation for business activity. This amended language is also intended to be added to the PA and PA-2 D istricts where it is believed its omission is in error. Staff Rec ommendation: On J une 24, 2019, the Planning and Environmental Commission (P E C) forwarded a unanimous rec ommendation, for approval, for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town C ode, to c larify the permitted loc ation of business ac tivities in the commercial, business and mixed use zone districts. 7.Adjournment 7.1.Adjournment (est. 7:20 p.m.) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. July 2, 2019 - Page 3 of 117 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 : Vail L ocal (L iquor) L icensing Authority Appointments P RE S E NT E R(S ): D ave C hapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC IL : A ppoint two people to serve on V L L A for two-year term ending May 31, 2021. July 2, 2019 - Page 4 of 117 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 une 4, 2019 Town Council Meeting Minutes AT TAC H ME N TS : Description June 4 2019 Meeting Minutes July 2, 2019 - Page 5 of 117 Town Council Meeting Minutes of June 4, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, June 4, 2019 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Joe Staufer, Vail Resident, recommended the Town purchase the parcel of land Vail Resorts owns in East Vail for a wildlife habitat for the bighorn sheep. Charles Townsend was excited to share with Town Council he had rented the art space in the Vail Cascade to open his new business Mountain Art Collective; which will provide a location for artist to display their work; offer dance and network. Sue Dugan, Vail resident, has a deed restriction on her house that she would like removed. Dugan stated there has no stove, microwave or other heating devices in the unit and per her deed restriction if she does not have these devices in her unit she could remove the deed restriction. Dugan requested council to remove the deed restriction. Chapin confirmed Dugan was the only person living in her residence. Mike Imhof, President of Vail Valley Foundation, thanked the council for their partnership and was excited to announce the kickoff of 2019 GoPro Mountain Games this coming weekend. 2. Consent Agenda 2.1. May 7, 2019 Town Council Meeting Minutes Moffet made a motion to approve the May 7, 2019 Town Council meeting minutes; Mason seconded the motion passed (4-0 Langmaid recused and **Coggin absent from the vote). 2.2. May 21, 2019 Town Council Meeting Minutes July 2, 2019 - Page 6 of 117 Town Council Meeting Minutes of June 4, 2019 Page 2 Moffet made a motion to approve the May 21, 2019 Town Council meeting minutes; Foley seconded the motion passed (6-0 **Coggin absent from vote). 2.3. Holy Cross Energy Bridge Road Agreement Background: The Bridge Road Bridge Replacement project requires relocation of existing Holy Cross Energy infrastructure from the existing bridge structure to the new bridge structure. Holy Cross Energy requires an executed Trench, Conduit and Vault agreement for this work to be performed. Moffet made a motion to approve the Holy Cross Energy Bridge Road Agreement; Foley seconded the motion passed (6-0 **Coggin absent from vote). 2.4. Letter of Support for Mountain Travel Symposium Moffet made a motion to send a letter of support for Mountain Travel Symposium; Bruno seconded the motion passed (6-0 **Coggin absent from vote). 2.5. Resolution No. 25, Series of 2019 A Resolution approving an Intergovernmental Agreement between the Town of Vail and Eagle River Water and Sanitation District for the Gore Valley Trail at Dowd Junction Repair Project Background: The town and ERW SD entered into an IGA in 2015 for the design of streambank stabilization along Gore Creek in Dowd Junction. The design project has now moved into the construction phase. A new IGA for construction of the streambank stabilization now needs to be entered into, in order to implement the project. Moffet made a motion to approve Resolution No. 25, Series of 2019 and directed the Town Manager to enter into an agreement with Eagle River Water and Sanitation District; Mason seconded the motion passed (6-0 **Coggin absent from vote). 2.6. Dowd Junction Streambank Stabilization Contract Award to Whinnery Construction in an amount not to exceed $542,320. Background: The town and ERWSD have publically bid a joint Dowd Junction streambank stabilization project in order to protect the Dowd Junction bike path and sewer main that runs beneath it. The project is anticipated to begin in August 2019 Moffet made a motion to award the Dowd Junction Streambank Stabilization Contract to Whinnery Construction and for it to not exceed $542,320; Bruno seconded the motion passed (6-0 **Coggin absent from vote). 3. Town Manager Report 3.1. Vail Commons Resale Lottery Results There were no questions regarding the memo. 4. Presentations / Discussion July 2, 2019 - Page 7 of 117 Town Council Meeting Minutes of June 4, 2019 Page 3 4.1. Presentation of the 2018 Audited Financial Statements. Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: For information only. Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and made available for public inspection at the municipal building. The 2018 audit was conducted by McMahan and Associates, LLC. Kathleen Halloran, Finance Director along with Michael Jenkins, McMahan and Associates, provided an overview of the town’s audited 2018 financial statements along with a report that indicated the town was in a very strong financial position noted by an increase in overall fund balances for general fund (operating), capital projects fund, and real estate transfer tax fund. A brief recap of the town’s debt financing was made on the Vail Reinvestment Authority monies. And finally there was a projection made on the town’s fund balance which reflects healthy reserves (minimum of 30%). Halloran reported in 2018: General Fund was favorable to budget by $5.1M Capital Projects Fund managed $30.4M in projects Real Estate Transfer Tax Fund managed $4.3M in projects; and $2.6M operations Council thanked Halloran and Jenkins on the information they presented. 5. Public Hearings 5.1. Ordinance No. 4, Series of 2019, Second Reading, an Ordinance Amending Section 12-7H-12, Density, Vail Town Code, and Section 14-8-1, Vail Town Code, to Remove the Dwelling Units per Acre Maximum While Maintaining the Existing Dimensional Standards Including GRFA and Building Height in the Lionshead Mixed Use- 1 Zone District. Presenter(s): Chris Neubecker, Planning Manager, Community Development Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 4, Series of 2019, upon second reading. Background: The proposed change to the density maximum in Lionshead Mixed Use-1 zone district will encourage redevelopment of properties in the Lionshead area, as recommended in the Lionshead Redevelopment Master Plan. Staff Recommendation: The Community Development Department recommends approval of Ordinance No. 4, Series of 2019 on Second Reading. Chris Neubecker, Planning Manager, reviewed Ordinance No. 4, Series 2019 with council stating the ordinance would amend Vail Town code to remove the dwelling units per acre maximum while maintaining the existing dimensional standards including GRFA and building height in the Lionshead Mixed Use-1 (LMU-1) zone district. Neubecker stated on January 28, July 2, 2019 - Page 8 of 117 Town Council Meeting Minutes of June 4, 2019 Page 4 2019 the Planning and Environmental Commission (PEC) forwarded a recommendation of approval of the proposed text amendment to the Vail Town Council. Dominic Mauriello, spoke on behalf of the Applicant, Treetops Homeowners Association, stating the proposal text amendment was to allow dwelling units to be developed in the same manner, limited only by building height, site coverage limitations, setback requirements, GRFA allowances, and landscape area provisions. That the analysis that had been done by Eagle River Water and Sanitation District and the Town of Vail Public Works, concluded that this amendment would be a positive change for the Lionshead area, it would encourage redevelopment, and could be accommodated without significant impacts to wastewater treatment and traffic. Mauriello went onto say the proposed density language would create flexibility to redevelop and make lionshead a better place. Public comment has been called Jeff Babb, Lionshead Center Association, supports this modification especially since the original footprint of a building does not change. Mike Johnson, President of Treetops, wants to maximize the use of the building with larger units and asked council to approve the code amendments. Peter Knobel, Vail Resident, supports the amendment which would allow developers to maximize the building spaces inside. Bill Pierce stated the size of the cake stays the same it’s the size of the pieces that would change. Moffet made a motion to approve Ordinance No. 4, Series of 2019 upon second reading based upon the review of the criteria outlined in Sections VII of the Staff memorandum to the Planning and Environmental Commission dated January 28, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality; Bruno seconded the motion passed (6-1 Foley opposed** 6:43pm Coggin returned to meeting) 5.2. Ordinance No. 9, Series of 2019, Second Reading, Prescribed Regulations 5 min. Amendment - Separated Duplexes Presenter(s): Erik Gates, Community Development Planner Action Requested of Council: The Vail Town Council is asked to approve, approve with modifications, or deny Ordinance No. 9, Series of 2019 Background: Within the TOV there are approximately 20 separated duplexes. Over time, adherence to the Unified Architectural and Landscape Design requirement has not been maintained on approximately 10 of them. This has resulted largely from prior Design Review Boards not enforcing this provision of the code and has been exacerbated by staff approvals. Because the Code, as written, requires that this criteria be met and does not allow for any July 2, 2019 - Page 9 of 117 Town Council Meeting Minutes of June 4, 2019 Page 5 alteration that would increase the discrepancy between the structures, an exterior alteration of any size would require that one or both of the duplexes significantly redevelop their property to come into compliance with the Code. This results in a financial and logistical constraint that can result in separated duplexes choosing to make no updates their architectural design. Matt Gennett, Community development Director, confirmed there were no changes since the first reading. There was no public comment. Moffet made a motion to approved Ordinance No. 9, Series of 2019 upon second reading; Bruno seconded the motion passed (7-0). 6. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 7:15p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 2, 2019 - Page 10 of 117 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 une 18, 2019 Town C ouncil Meeting Minutes AT TAC H ME N TS : Description June 18 2019 Meeting Minutes July 2, 2019 - Page 11 of 117 Town Council Meeting Minutes of June 18, 2019 Page 1 Vail Town Council Meeting Minutes Tuesday, June 18, 2019 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Jenn Bruno, Mayor Pro Tem Travis Coggin Kevin Foley Kim Langmaid Jen Mason Greg Moffet Staff members present: Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Caitlynn Murray, Bravo! Vail, thanked Council and the Vail community for their support. This will be Bravo! Vail’s 32nd season! Pete Siebert, thanked council for their support of Vail Valley Mountain Trails Alliance and introduced Ernest Saeger as the Executive Director. Saeger spoke to council about a grant that has helped fund the rerouting of the North Trail to address erosion. 2. Consent Agenda 2.1. Resolution No. 26, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the Town of Gypsum for Electrical Inspection Services. Background: The State of Colorado, per C.R.S. 12-23-115, requires that electrical inspectors be State licensed electricians. Therefore, in order to provide this service to Town of Vail customers, we have a licensed electrician on staff to perform the proper inspections. However, when our employee is not available for any reason (i.e.: vacation, injury/sick leave, etc.), we will be unable to provide this service to our customers. Thus, we would like to enter into an agreement with the Town of Gypsum to provide "backup coverage" on an as-needed basis. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 26, Series of 2019. Moffet made a motion to approve Resolution No. 26, Series of 2019; Bruno seconded the motion passed (7-0). July 2, 2019 - Page 12 of 117 Town Council Meeting Minutes of June 18, 2019 Page 2 2.2. Resolution No. 27, Series of 2019, A Resolution Approving an Intergovernmental Agreement Between the Town of Vail and the United States Department of Transportation Office of the Assistant Secretary for Research and Technology Volpe National Transportation Systems Center Background: In recent years, parking lots and access roads to several of the area’s most popular trailheads have become congested, trails have become wider due to increased foot traffic, and crowding has negatively affected the experiences of visitors and nearby neighbors to these areas. In an effort to address these issues the Town of Vail and Volpe Center wish to enter into an agreement for services related to transportation planning assistance and implementation support Staff Recommendation: Approve, approve with amendments or deny Resolution No. 27, Series of 2019. Moffet made a motion to approve Resolution No. 27, Series of 2019 and authorize the Town Manager to enter into an agreement with the United States Department of Transportation Office; Bruno seconded the motion passed (7-0). 2.3. Forest Road Bridge Repair Contract Award Background: Town staff received two bids for the Forest Road Bridge Repair project, with Icon, Inc. the low responsible bidder. The project includes bridge wing wall repair, new approach rails and pedestrian height bridge rails. The project will require a full bridge closure over Gore Creek and traffic will be detoured to Vail Road. The project is within budget. The project is scheduled to be completed between August 12 and September 27, 2019. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon, Inc. to complete the Forest Road Bridge Repair project in the amount not to exceed $292,000.00. Moffet made a motion to award the Forest Road Bridge Repair Contract to Icon Inc. and for the Town Manager to enter into an agreement not to exceed $292,000.00; Bruno seconded the motion passed (7-0). 2.4. Kinnikinnick Road Bridge Repair Contract Award Background: Town staff received two bids for the Kinnikinnick Road Bridge Repair project, with G.A. Western Construction Company the low responsible bidder. The project includes replacing the existing bridge deck, new approach and bridge rails. The project will require a full bridge closure over Gore Creek and traffic will be detoured to the east Kinnikinnick Road intersection with the South Frontage Road. The project is within budget. The project is scheduled to be completed between July 8 and September 27, 2019. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with G.A. Western Construction Company to complete the Kinnikinnick Road Bridge Repair project in the amount not to exceed $330,350.00. July 2, 2019 - Page 13 of 117 Town Council Meeting Minutes of June 18, 2019 Page 3 Moffet made a motion to award the Kinnikinnick Road Bridge Repair Contract to G.A. Western Construction Company and for the Town Manager to enter into an agreement not to exceed $330,350.00; Bruno seconded the motion passed (7-0). 2.5. Ground Engineering Bridge Road Agreement Background: Staff received 1 submittal for the request for proposals to provide construction inspection on the Bridge Road Bridge Replacement Project. This project is partially funded with a $1,000,000.00 bridge replacement grant from the Colorado Department of Transportation for the design and construction of the Bridge Road Bridge Replacement. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Ground Engineering to complete construction inspection on the Bridge Road Bridge Replacement Project in the amount not to exceed $81,000.00. Moffet made a motion to award the Bridge Road Agreement to Ground Engineering and for the Town Manager to enter into an agreement not to exceed $81,000.00; Coggin seconded the motion passed (7-0). 2.6. Buffehr Creek Road Quality Improvements Contract Award Background: Town staff received three bids for the Buffehr Creek Road Water Quality Improvements project, with Icon, Inc. the low responsible bidder. The uphill ditch along Buffehr Creek Road above 1701 Buffehr Creek Rd has significant scour due to the steep grade of the roadway. This scour discharges the sediment directly into Buffer Creek. To prevent this sediment from entering Buffehr Creek the project includes installing 1,000 feet of curb and gutter to prevent ditch erosion and 3 inlets with deep sumps to trap sediment. The project is within the engineer’s estimate. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Icon, Inc. to complete the Buffehr Creek Road Water Quality Improvements project in the amount not to exceed $125,000.00. Moffet made a motion to award the Buffehr Creek Road Quality Improvement contract to Icon, Inc. and for the Town Manager to enter into an agreement not to exceed $125,000.00; Bruno seconded the motion passed (7-0). 3. Town Manager Report 3.1. Town Manager Recruitment Update Presenter(s): Krista Miller, HR & Risk Management Director Krista Miller, HR and Risk Management Director, provided council with an update and timeline for the hiring of a new Town Manager. The timeline anticipates interviews of finalists in September. 3.2. Verbal Update on New Development Plan for Booth Heights Presenter(s): Matt Gennett, Director of Community Development July 2, 2019 - Page 14 of 117 Town Council Meeting Minutes of June 18, 2019 Page 4 Chris Neubecker, Planner, provided a timeline and process of the application for Booth Heights. This development is located in East Vail and the property owner is Vail Resorts. Community Development is anticipating three meetings for review of the project. Review meetings by the Planning and Environmental Commission are tentatively scheduled for June 24, July 8 and Aug. 12. Greg Hall, Public Works Director, provided an update on several construction projects, including warranty repairs at the Red Sandstone garage and the timeline for repairs to the Slifer fountain. The Public Works Dept. recommended fencing the Slifer fountain and delaying construction to happen after Labor Day weekend. 4. Presentations / Discussion 4.1. Civic Area Plan Update – Presentation of Four Master Plan Concepts, Rough Costs and Revenue Potential Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Staff asks Council to review the presentation and provide direction related to narrowing the four master plan concepts to two. Background: The purpose of this work session is to share the four master plan concepts ideas with the Town Council and receive direction from Council to narrow the number of concepts to two. The project team will then share the design concepts through Engage Vail as well as “pop- up” outreach events and stakeholder focus groups. Staff Recommendation: No recommendation at this time. Matt Gennett, Community Development Director, spoke to council briefly about the meetings the group has had with the Vail Local Marketing District Advisory Committee and the Vail Economic Advisory Committee. Tom Braun, Braun and Associates, presented examples of multi-use facilities from other communities, including Jackson Center for the Arts, Dairy Arts Center, Swiss Tech Convention Center, Tobin Center for Performing Arts and Smith Center. The multi-use spaces could be used for performing arts, conventions. Lou Bieker, 4240 Architects, presented an overview of the four master plan concepts. The scenarios offered a variety of uses for the charter bus lot and the municipal site. Other sites in the study include the Lionshead parking structure, Dobson Arena and Vail Public Library. Concept 1: Included relocation of the S. Frontage Rd to align with Interstate 70; which could create new possibilities for conference hotel and new police dept. at the current municipal site. A small performing arts/community space and town hall would happen on the charter bus lot. A demolition and rebuild of Dobson for ice with expanded event uses; mixed-use at south side parking garage; add 160 incremental parking spaces on the north side of the charter bus lot; and also included second story addition to Vail Public Library. Cost estimates were $149M for this concept. Concept 2. Relocated town hall and police dept. to the charter bus lot; a demolition and rebuild of Dobson with a practice ice rink and expanded event uses; mixed-use on south July 2, 2019 - Page 15 of 117 Town Council Meeting Minutes of June 18, 2019 Page 5 side of parking garage; second story addition to library; conference hotel on municipal site. The cost estimate for concept 2 was $167M Concept 3: At the Charter Bus Let offered a civic conference center below grade, performing arts/community space and parking on north side of Charter Bus Lot; mixed use at south side of garage; horizontal renovation of Dobson, second story library addition; rebuild existing muni building with housing on west side with private development. The cost estimate for concept 3 was $158M. Concept 4: A conference hotel and parking on charter bus lot; mixed use on south side of parking garage; second story library addition; rebuild Dobson ice and expanded event uses; relocate S. Frontage Rd. with new muni building and new development on muni bldg. site. The estimated cost estimate was $127M The consultant team provided council with an overview of possible finance mechanisms that could assist with paying for the civic area plan. Some of the funding mechanism included land lease revenues, dedicated sales tax, dedicated lodging tax, use of town reserves, etc. Council discussed the different concepts and costs associated with each. Council liked the idea of moving the S. Frontage Rd. but felt it was too costly. Council was supportive of connectivity and outdoor spaces and felt it was critical and good use of lot 10 near the hospital area, but not to create another village core. Council was interested in getting more information regarding programming for the library expansion. Council requested more information about the Lionshead Structure “Wrap” and Dobson/2nd sheet of ice such as programming. When asked about library expansion, Coggin said the Council would need to better understanding the programming that would occur there. When asked about the parking structure wrap, Coggin believed it would limit ability to redevelop parking structure in the future. Moffet was concerned about the ability to absorb more retail space. Public Comment was called. Margaret Rogers, Vail resident, did not think the Town should build and run a conference center especially since the voters were against it. Need a multi use recreation center. Bob Armour, Vail resident, cautioned against using fund balance or reserves to help pay for the uses. He suggested placing pickle-ball courts on top of the library. Andy Daly, Vail resident, suggested more dialogue was needed regarding the Lionshead parking structure. Should another deck be added? Says moving ice rink to Ford Park might be an interesting concept. He thinks a wrap on LH parking structure would add vitality. Daly also commented on the concepts associated with muni building site and cautioned about the difficulties that could be associated with a new conference hotel. Public comment was closed. Council thanked everyone for their comments. 4.2. Presentation of the 2019 Vail Community Housing Survey Results Presenter(s): George Ruther, Housing Director, David Flaherty, Magellan Strategies, David Cunningham, Summit Information Services Action Requested of Council: Listen to the presentation and schedule a future discussion of possible next steps Background: The Vail Local Housing Authority, acting in partnership with the Vail Town Council, contracted the consulting services of Summit Information Systems and Magellan Strategies to conduct a Vail Community Housing Survey. The purpose of the survey was two-fold: 1) to July 2, 2019 - Page 16 of 117 Town Council Meeting Minutes of June 18, 2019 Page 6 measure and understand the general opinions of the Vail community regarding the availability of housing and awareness of ongoing town policies and programs to address the housing need, and 2) to measure general support for a potential tax initiative to establish a permanent and consistent funding source for town-sponsored housing programs. Staff Recommendation: Please refer to the memorandum dated June 18, 2019 for the recommendation from town staff. George Ruther, Housing Director and David Flaherty, Magellan Strategies, reviewed the Vail Local Housing Authority Community Survey with council. The survey was conducted May 22 through June 22 to measure general opinions of registered voters in Vail regarding housing and to measure support for a potential tax initiative to establish a permanent and consistent funding source for town-sponsored housing programs. The survey's key findings: 51% think lack of available and affordable homes in Vail is a big problem and 32% say it is somewhat of a problem. 75% agree and 45% strongly agree that local governments like Vail should make reasonable efforts to maintain and increase supply of resident-occupied, deed-restricted homes for residents. 52% approve of the actions Vail is taking to provide and secure available homes for residents and 36% disapprove of them. Only 28% said they would support an unspecified tax and 51% would not be willing to support. There was little voter support for a possible sales or property tax increase to fund the town's mission of maintaining and increasing supply of resident-occupied deed restricted homes. While Flaherty did not recommend moving forward with a ballot issue in November, there's a lot to learn from the survey results. Many voters blame the growth and adoption of short-term rentals for lack of housing for full-time residents. Many voters also think Vail employers both big and small need to pay their employees more so they can afford housing. Some voters had an unfavorable opinion of deed-restricted housing because they thought deed-restricted homes lowered the property value of non-deed restricted homes within the same area. Council thanked staff and the consultant for the information. 5. Action Items 5.1. Resolution No. 28, Series of 2019 a Resolution Authorizing the Purchase of Homestake Unit B212, 1081 Vail View Drive, Vail, Colorado. Presenter(s): George Ruther, Housing Director Action Requested of Council: Approved, Approve with Modifications, or Deny Resolution No. 28, Series of 2019 Background: The availability of housing for its employees remains an ongoing need for the Town of Vail municipal government. As the third largest employer in Vail, the Town of Vail too is challenged by the need for housing for its workforce. Over the years the Town has taken a wide range of approaches to addressing its employee housing needs, including “buying down” homes for purchase by Town of Vail employees. Staff Recommendation: The Vail Town staff recommends the Vail Town Council approves Resolution No. 28, Series of 2019, as presented. July 2, 2019 - Page 17 of 117 Town Council Meeting Minutes of June 18, 2019 Page 7 Moffet made a motion to approve Resolution No. 28, Series of 2019; Coggin seconded the motion passed (7-0). 6. Adjournment There being no further business to come before the council, Moffet moved to adjourn the meeting; Foley seconded the motion which passed (7-0) and the meeting adjourned at 9:45p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 2, 2019 - Page 18 of 117 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 : Resolution No. 30, Series of 2019, A Resolution A pproving an I ntergovernmental A greement B etween Eagle County, Colorado and the Town of Vail for A cquisition and Management of 3785 L upine D rive AT TAC H ME N TS : Description Resolution no. 30, Series 2019 July 2, 2019 - Page 19 of 117 RESOLUTION NO. 30 SERIES OF 2019 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE TOWN OF VAIL, COLORADO FOR ACQUISITION AND MANAGEMENT OF 3785 LUPINE DRIVE WHEREAS, the County has an open space program which acquires and/or protects open space throughout Eagle County; WHEREAS, through its open space program, the County often collaborates with municipalities, land trusts, adjacent counties and federal land management agencies to leverage resources; WHEREAS, the Town desires to protect open space and increase opportunities for restoration of wetlands, Gore Creek and wildlife habitat for the benefit of citizens of Eagle County; WHEREAS, the Town has entered into an agreement to purchase approximately 0.806 acres known as 3785 Lupine Drive in Vail, Colorado and more fully described on (the “Property”); WHEREAS, the Property has long been identified in the Town’s Open Lands Plan for acquisition due to its unique location along Gore Creek; WHEREAS, the Property contains a pond, wetlands, and wildlife habitat. It is also adjacent to Gore Creek and the Town owned Vail Memorial Park and Katsos Ranch Open Space. The purpose of the proposed purchase is to support the Town’s goals of restoring Gore Creek, wetland enhancement and restoration of the Property for open space. These goals are aligned with Eagle County Open Space criteria related to sensitive lands and environments, scenic landscapes and wildlife habitat; WHEREAS, the Parties desire to enter into an agreement (the “IGA”) to set forth the terms related to the acquisition of the Property, as well as the preservation and restoration of the Property; and WHEREAS, the Council’s approval of this Resolution is required to enter into the IGA. NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. Resolution No. 30, Series of 2019 July 2, 2019 - Page 20 of 117 ATTEST TOWN OF VAIL ______________________________ _____________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor Resolution No. 30, Series of 2019 July 2, 2019 - Page 21 of 117 INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND TOWN OF VAIL, COLORADO FOR ACQUISITION AND MANAGEMENT OF 3785 LUPINE DRIVE THIS INTERGOVERNMENTAL AGREEMENT (hereinafter “Agreement”) is entered into as of _____________________, by and between the Eagle County, Colorado, a body corporate and politic, (“County”) and the Town of Vail, a municipal corporation (“Town”). The County and Town together shall be referred to as the “Parties”. WHEREAS, County has an open space program which acquires and/or protects open space throughout Eagle County; and WHEREAS, through its open space program, County often collaborates with municipalities, land trusts, adjacent counties and federal land management agencies to leverage resources; and WHEREAS, Town desires to protect open space and increase opportunities for restoration of wetlands, Gore Creek and wildlife habitat for the benefit of citizens of Eagle County; and WHEREAS, Town has entered into an agreement to purchase approximately 0.806 acres known as 3785 Lupine Drive in Vail, Colorado and more fully described on Exhibit A (hereinafter the “Property”); and WHEREAS, the Property has long been identified in the Town’s Open Lands Plan for acquisition due to its unique location along Gore Creek; and WHEREAS, the Property contains a pond, wetlands, and wildlife habitat. It is also adjacent to Gore Creek and the Town owned Vail Memorial Park and Katsos Ranch Open Space. The purpose of the proposed purchase is to support the Town’s goals of restoring Gore Creek, wetland enhancement and restoration of the Property for open space. These goals are aligned with Eagle County Open Space criteria related to sensitive lands and environments, scenic landscapes and wildlife habitat; and WHEREAS, the Parties desire to contribute to the acquisition, preservation and restoration of the Property on the terms and conditions set forth herein. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the Parties agree as follows: July 2, 2019 - Page 22 of 117 1. Property Interest. Town has entered into a purchase and sale agreement dated May 24, 2019 to acquire fee-title interest to the Property (“Purchase Agreement”). County has no objection to the form of Purchase Agreement. 2. Funding. Transaction costs, closing costs, expenses related to owning, maintaining, managing and restoring the Property, as well as the purchase price of six hundred thousand dollars ($600,000), shall be paid as follows: i. Subject to a recommendation of approval from the Eagle County Open Space Advisory Committee and approval from the Eagle County Board of County Commissioners, and subject to the conditions set forth below, County will contribute three hundred thousand dollars ($300,000) toward the purchase of the Property. ii. Town shall contribute three hundred thousand dollars ($300,000) toward the purchase of the Property. Town shall pay all other transaction and closings costs as well as all other costs and expenses associated with owning, maintaining, managing and restoring the Property. 3. Due Diligence and Conditions to Funding. a. County. Notwithstanding anything to the contrary herein, County’s contribution to the purchase of the Property is subject to: i. Review and a recommendation of approval of funding the purchase from the Eagle County Open Space Advisory Committee; ii. Review and approval of funding from the Eagle County Board of County Commissioners; iii. Due diligence review and approval by County which may include, but not be limited to, review of survey or improvement location certificate, title commitment and the status of title to the Property, appraisal, Seller’s disclosure statement, environmental, mineral and water matters, form of restrictive covenant, and other associated resolutions and documents associated with the transaction or closing on the Property. All due diligence must be satisfactory to County as determined by County in its sole discretion. Town will provide due diligence documents to County immediately upon Town’s receipt of the same to allow County an opportunity to review, object and/or approve the same in accordance with the deadlines set forth in the Town’s Purchase Agreement. In the event the Town acquires the Property prior to fulfillment of the terms and conditions hereof such acquisition is at the Town’s sole risk. If the purchase fails to meet any of the conditions of July 2, 2019 - Page 23 of 117 this Agreement, County reserves the right to withhold or withdraw its contribution; iv. Town will record a restrictive covenant in substantially similar form to Exhibit B, which is incorporated herein. The Parties intend to record the restrictive covenant at closing and in no event later than August 15, 2019. b. Town. Town shall be entitled to conduct due diligence as it desires and in accordance with its Purchase Agreement. i. 4. Land Management. a. The Property will be owned by Town and Town shall be responsible for all costs and expenses associated with ownership, operation and management of the Property upon closing. The Town will file an application to re-zone the Property to Designated Open Space upon closing on the Property and in no event later than September 1, 2019. Notwithstanding the foregoing, nothing in this Agreement constitutes pre- approval by the Town of any zoning or other land use application related to the Property. b. Town will ensure that Eagle County’s Open Space Program is acknowledged on any signage that may be located on the Property and County will be given an opportunity to review and comment on that signage prior to installation. c. Town intends to implement wetland restoration and storm water management for the benefit of the Property and Gore Creek. As the Town develops plans for such effort, Town shall share such plans with County for its review and comment prior to commencement of any project on the property. d. Town will prepare a Land Management Plan in substantially similar form to Exhibit C, which is incorporated herein. Both Parties will adopt the Land Management Plan at closing. . 5. Miscellaneous Provisions. a. The Parties agree to cooperate and coordinate any press or media associated with the acquisition and improvement of the Property. b. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties hereto shall be construed and enforced as July 2, 2019 - Page 24 of 117 if the Agreement did not contain the particular part, term or provision held to be invalid. c. Nothing in this Agreement is intended to create or grant to any third party or person any right or claim for damages or the right to bring or maintain any action at law. d. No party hereto waives immunity at law including immunity granted under the Colorado Governmental Immunities Act. e. This Agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire agreement between the Parties hereto. f. Subject to the approvals that are required as set forth herein, the Parties hereto represent that all funds necessary for compliance with the terms of this Agreement have been or will be budgeted, appropriated and otherwise made available in accordance with the terms hereof. Any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing bodies of the Parties hereto. Notwithstanding anything to the contrary herein, no payment will be made for any period after December 31st of any calendar year without the written approval in accordance with the a budget adopted by the respective Boards of the Parties in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, and the Local Government Budget Law (C.R.S. 29-1-101 et. seq.) and the TABOR Amendment (Colorado Constitution, Article X, Section 20). g. Any notices or other communications required or permitted to be given hereunder shall be given and delivered personally, by US Mail or electronic mail to the attention of the individuals below or to such other address as any party may designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by U.S. Mail. Notice to Eagle County: Diane Mauriello, Open Space Manager Post Office Box 850 500 Broadway Eagle, CO 81631 Diane.mauriello@eaglecounty.us With a copy to: Bryan Treu, County Attorney Post Office Box 850 500 Broadway July 2, 2019 - Page 25 of 117 Eagle, CO 81631 Bryan.Treu@eaglecounty.us Notice to Town of Vail: Kristen Bertuglia, Environmental Sustainability Manager 75 South Frontage Road Vail, CO 81657 KBertuglia@vailgov.com with a copy to: Matthew Mire 75 South Frontage Road Vail, CO 81657 mmire@vailgov.com h. Any provisions of this Agreement which require observance or performance after the date of closing on the Property shall continue in force and effect following the closing date. i. The recitals set forth above are incorporated herein by reference. IN WITNESS WHEREOF, this Agreement is executed and entered into the day and year first above written. TOWN OF VAIL, STATE OF COLORADO By and through its Town Council By: ___________________________________ Dave Chapin, Mayor Attest: ____________________________________ Town Clerk EAGLE COUNTY, STATE OF COLORADO By and through its Board of County Commissioners July 2, 2019 - Page 26 of 117 By: _________________________________________ Jeanne McQueeney, Chair Attest: ___________________________________ Regina O’Brian, Clerk to the Board July 2, 2019 - Page 27 of 117 EXHIBIT A LOT 5, BIGHORN SUBDIVISION SECOND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. July 2, 2019 - Page 28 of 117 EXHIBIT B INSERT RESTRICTIVE COVENANT July 2, 2019 - Page 29 of 117 RESTRICTIVE COVENANT THIS RESTRICTIVE COVENANT (“Covenant”) is effective as of _______________, and is entered into by and between Eagle County, Colorado, a body corporate and politic (hereinafter “County”) and Town of Vail, a home rule municipal corporation of the State of Colorado (hereinafter “Town”). County and Town shall hereinafter be referred to individually as a “Party” and collectively as the “Parties”. RECITALS WHEREAS, Town is the owner of a certain parcel of land that is approximately 0.806 acres, located in the Town of Vail, County of Eagle, State of Colorado and legally described in Exhibit A, which is attached hereto and incorporated herein by reference (hereinafter the “Property”); and WHEREAS, the Property has been identified in the Town’s Open Lands Plan and is recognized by County due to its sensitive landscape and environment; and WHEREAS, County has agreed to contribute to the purchase of the Property and Town agreed to restrict future development and use of the Property as set forth below. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Town makes the following acknowledgements and covenants for the benefit of County and its successors and assigns: 1. Land Management. a. The Town shall protect, maintain, manage and operate the Property solely as open space for the purpose of maintaining, restoring and enhancing wetlands; maintaining, restoring and enhancing Gore Creek; and maintaining, enhancing and restoring wildlife habitat. The Property will not be used or operated for recreation or trails. b. Town recognizes the importance of good resource management and stewardship and shall employ good land management techniques in its management and operation of the Property which may include measures to protect wildlife and noxious weed control on the Property. c. Town is solely responsible for all costs and expenses associated with ownership, operation and management of the Property. 2. Subdivision and Development Restricted. a. The Property may not be subdivided. July 2, 2019 - Page 30 of 117 b. There are currently no existing improvements on the Property except a pond, head gate, ditch, fence, sanitary sewer easement and pump house as depicted on the Improvement Survey Plat prepared by Peak Land Consultants, Inc. dated June 12, 2019. Development of the Property is not permitted; however efforts that support and enhance habitat, restoration and enhancement of wetlands and Gore Creek, are permitted so long as the Property’s natural character and open space qualities are maintained. No other improvements are permitted. County shall be entitled to review and comment regarding any restoration, enhancement or other work planned for the Property, in advance. c. The Town shall initiate and diligently pursue the process set forth in Section 13.11 of the Vail Town Charter to classify the Property as Designated Open Space. d. No roads shall be permitted on the Property. e. No motorized use shall be permitted on the Property other than for property management in compliance with paragraph 2.b. by the Town and its authorized agents. f. Town may maintain, repair, replace or remove existing fences. Town may construct, maintain, repair and replace new wildlife friendly fences on the Property. g. Town may maintain, repair or replace existing utilities on the Property. Town may install new utilities on the Property so long as such utilities are placed underground. Town will revegetate and restore disturbed property to its condition similar to that existing prior to the disturbance. h. Town may place, maintain, restore and replace interpretative or regulatory signage on the Property as well as signage recognizing the funders in the acquisition of the Property. i. Town may prune or cut trees and other vegetation, and many manage trees, shrubs and other vegetation to control insects and disease, to control invasive, non-native species, to prevent personal injury and property damage, for access to and restoration of wetlands, habitat and stream corridors. Further, Town may use agri-chemicals on the Property in accordance with all applicable federal, state and local laws. Otherwise, the treatment, permanent storage, disposal or release of hazardous materials on, from or under the Property is prohibited. For the purpose of this Covenant, hazardous materials shall mean any hazardous or toxic material or waste that is subject to any federal, state or local law or regulation. Notwithstanding anything in this Covenant to the contrary, this prohibition does not impose any liability on County for hazardous materials, nor does it make County an owner of the Property. 3. Other Prohibited Uses. Town shall not engage in commercial or industrial operations on the Property. No golf courses, ball or recreational fields or similar non-dispersed recreation shall be permitted on the Property. July 2, 2019 - Page 31 of 117 4. Mining. The exploration, mining or extraction of minerals, oils, gas, or other hydrocarbons, soils, sands, gravel, rock or other materials on or below the surface of the Property by Town is prohibited on the Property. 5. Subsequent Transfers of the Property. County provided funding through its Open Space Program toward Town’s acquisition of the Property; therefore any voluntary sale, conveyance, transfer, lease or disposal of all or any portion of the Town’s interest in the Property to a third party shall require prior written approval from County and may require a refund to the County of its contribution, as determined in its sole discretion. Notwithstanding any provision of this Covenant to the contrary, in the event of any condemnation of the fee title, the requirements of this section shall continue to apply. Failure of the Town to perform any act required by this section shall not impair the validity of this Covenant. 6. Condemnation. If any portion of the Property is taken by condemnation, or by purchase in lieu of condemnation, Town shall recover the full value of the interests in the Property subject to taking or in-lieu purchase, and all damages resulting therefrom. Town and County shall share the amount recovered such that County and Town shall each receive fifty percent (50%). 7. Land Use Approvals. Nothing permitted in this Covenant constitutes approval by any government or regulatory agency for construction, development or land use, nor does any permit or approval granted by a government or regulatory agency override the terms of this Covenant. Town shall be solely responsible for obtaining all necessary approvals associated with the uses permitted herein. 8. Enforcement. The Parties acknowledge and agree that monetary damages would not be sufficient to compensate County, for any breach hereof by Town or its successors and assigns. Should Town or its successors, assigns or any occupant of the Property breach or threaten to breach the terms and conditions of this Covenant, then County shall have the express right (but not the obligation) to enforce the provisions hereof and may exercise all rights and remedies at law or in equity, to which it may be entitled on account of such breach, including without limitation, the right to action for damages, specific performance of this Covenant and/or injunctive relief including obtaining a temporary restraining order. Any party having the right to enforce this Covenant shall not be liable for failure to enforce it. 9. Further Assurances. The Parties hereto further agree to execute such other documents and instruments as are or may become necessary or convenient in order to effectuate and carry out the objectives of this Covenant. 10. No Waiver. The failure of any Party to require performance of any provision of this Covenant shall not be deemed a waiver of any rights or remedies that said Party may have, and shall not limit the Party’s right to enforce the provision in the future. Waiver of any breach of any provision shall not be deemed a waiver of any succeeding breach of the provision or a waiver of the provision itself or any other provision. July 2, 2019 - Page 32 of 117 11. Notice. Any notice required by this Agreement shall be deemed properly delivered when (i) personally delivered, or (ii) when mailed in the United States mail, first class postage prepaid certified mail return receipt, or (iii) when delivered by FedEx or other comparable courier service, charges prepaid, to the parties at their respective addresses listed below, or (iv) when transmitted via e-mail with confirmation of receipt. Either party may change its address for purposes of this paragraph by giving five (5) days prior written notice of such change to the other party. COUNTY: Eagle County, Colorado Attention: Diane Mauriello 500 Broadway Post Office Box 850 Eagle, CO 81631 Telephone: 970-328- 8698 E-Mail: Diane. Mauriello@eaglecounty.us With a copy to: Eagle County Attorney 500 Broadway Post Office Box 850 Eagle, Co 81631 Telephone: 970-328-8685 Email: atty@eaglecounty.us TOWN: Town of Vail, Colorado Attention: Kristen Bertuglia 75 South Frontage Road Vail, CO 81657 Telephone: 970-477-3455 Email: Kbertuglia@vailgov.com 12. Subordination. The Property is not subject to any mortgages or liens at the time of grant of this Covenant, and thus no subordination is necessary. No provisions of this Covenant shall be construed as impairing the ability of Town to use the Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such borrowing shall be subordinate to this Covenant. 13. Drafting. The Parties acknowledge that this Covenant has been negotiated at arm’s length and in good faith, and that each Party has been given the opportunity to be represented by independent legal counsel, and that this Covenant is the result of mutual agreement and negotiation, and shall not be deemed to have been drafted solely by any Party and the Parties hereby waive the benefit of any rule of contract interpretation or construction requiring that the same be construed against the drafting party in the event of ambiguity. July 2, 2019 - Page 33 of 117 14. Third Party Beneficiaries. This Covenant is entered into for the sole benefit of the Parties, and no other parties are intended to be direct or indirect beneficiaries of its provisions and no third party shall have any rights in, under, or to this Covenant. 15. Run with the Land. This Covenant and the terms, conditions and other provisions hereof shall be covenants that run with and bind the Property and shall be binding on Town and its successors and assigns. This Covenant shall be recorded in the real property records of Eagle County, Colorado and shall be enforceable by County. The provisions of this Covenant shall be set forth or referenced in any lease or deed pertaining to the Property executed on or after the date hereof. 16. Severability. Whenever possible, each provision of this Covenant shall be interpreted in such a manner as to be valid under applicable law; provided however, if any provision of this Covenant shall be invalid or prohibited under applicable law, such provision shall be ineffective to the extent of such invalidity or prohibition without invalidating the remaining provisions of this Covenant. 17. Venue, Jurisdiction and Applicable Law. Any and all claims, disputes or controversies related to this Covenant, or breach thereof, shall be litigated in the District Court for Eagle County, Colorado, which shall be the sole and exclusive forum for such litigation. This Covenant shall be construed and interpreted under and shall be governed by the laws of the State of Colorado. 18. Counterparts. This Covenant may be executed in several counterparts, each of which shall be fully effective as an original, but all of which together shall constitute one and the same instrument. 19. Headings. Paragraph headings within this Covenant are inserted for convenience only and are not intended to and shall not govern, limit or aid in the construction of any terms or provisions contained in this Covenant. 20. Modification. The Parties agree that any modifications of this Covenant shall be effective only when made in writing signed by the Parties or their successors and assigns and recorded with the Clerk and Recorder of Eagle County, Colorado. 21. Rule Against Perpetuities. The Parties intend that this Covenant and the covenants, duties, obligations, rights and remedies shall not be subject to the rule against perpetuities. 22. Liability and Immunity. Town assumes all liabilities associated with the ownership, operation and management of the Property. Notwithstanding the foregoing, Town and County agree and understand that each is relying on and does not waive, by any provisions of this Agreement, the monetary limitations or terms or any rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et. seq., as from time to time amended or otherwise available to each party or any of its officers, agents, or employees. 23. Force Majeure. Notwithstanding anything to the contrary stated herein, Town shall not be obligated to send any prior notice to County, and County shall not be entitled to bring any action against Town, with respect to any prudent, good faith activity undertaken by Town to prevent, abate or mitigate July 2, 2019 - Page 34 of 117 injury to the Property immediately before, during, or immediately following fire, flood, storm, earth movement, acts of war and similar causes beyond the control of Town. Town will promptly inform County of injury to the Property caused by such events or actions. IN WITNESS WHEREOF, the parties have executed this Covenant the day and year first set forth above. EAGLE COUNTY, COLORADO By and through its Board of County Commissioners By: ___________________________________ Jeanne McQueeney, Chair Attest: _____________________________ Clerk to the Board Town of Vail, Colorado: By and through its Town Council By: _____________________________________ Attest: Dave Chapin, Mayor ______________________________________ Clerk to the Town Council July 2, 2019 - Page 35 of 117 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY LOT 5, BIGHORN SUBDIVISION SECOND ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, COUNTY OF EAGLE, STATE OF COLORADO. July 2, 2019 - Page 36 of 117 EXHIBIT C INSERT LAND MANAGEMENT PLAN July 2, 2019 - Page 37 of 117 LAND MANAGEMENT PLAN FOR BIGHORN SUBDIVISION 2nd Addition Lot 5 3785 Lupine Drive, Vail, CO 81657 The Town of Vail (the “Town”) is the current owner of the Lupine Drive property (the “Property”) legally described as the Bighorn Subdivision 2nd Addition, Lot 5, known as 3785 Lupine Drive, in Vail, Colorado, 81657. The Town agreed to purchase the Property in cooperation with Eagle County. This management plan (the “Plan”) has been reviewed and approved by Eagle County and the Town, who together are referred to as the “Funding Partners.” The purpose of the purchase is to preserve and protect the preservation of open space, relatively natural habitat of wildlife and plants, and the restoration of Gore Creek, all of which will yield a significant public benefit. The Town intends to employ sound management and land conservation practices to protect its wildlife habitat and to preserve the Property in a natural, scenic, and open condition. The Town also intends to take the following actions, which are consistent with the terms and conditions of the partnership of the Funding Partners. Overall Management • The Town shall protect, maintain, manage and operate the Property solely as open space for the purpose of maintaining, restoring and enhancing wetlands; maintaining, restoring and enhancing Gore Creek; and maintaining, enhancing and restoring wildlife habitat. • The Town shall conduct site visits and survey the Property on a regular basis to notice any changes, pick up any found inorganic debris, and take reasonable steps to address any changes that are noticed that adversely impact the Property’s natural condition. Land Management • The Town recognizes the importance of good resource management and stewardship and shall employ good land management techniques in its management and operation of the Property which may include measures to protect wildlife and noxious weed control on the Property. • The Town intends to control weeds on the Property, including but not limited to, those weeds required to be controlled in accordance with the state of Colorado’s noxious weed lists and the Town’s Weed Management Plan, if applicable. Weed control may be through cultural, mechanical, biological or chemical methods, as appropriate for the target weed species. If pesticides or herbicides are applied, the Town will only use chemicals approved for the intended application, and will use them in accordance with the specific labeling instructions to comply with state law. The Town will monitor the Property to ensure that weed control efforts, if necessary, are successful and that new populations do not become established. 1 July 2, 2019 - Page 38 of 117 • Unless specific natural resource problems arise, the Town intends to allow natural processes to take place unimpeded. Biological patterns of disturbance and succession, wildlife use and migration, and natural hydrology will be protected. The Property is in the habitat zones for migratory birds, deer, bear, boreal toads, water fowl, fish, and other species. A primary goal of management is to protect this habitat. Public Access and Trails • The Property will not be operated for recreational use, including trails, dog parks, fishing or boating access. Habitat, Riparian Corridor and Site Restoration The Town shall protect and maintain the riparian features on the Property from being degraded or negatively impacted by humans, flooding, wildlife, and any other activities. Maintenance and enhancement of these areas will be performed in accordance with the requirements of Section 404 of the Clean Water Act, as applicable. Any restoration activities will be designed by a licensed wetland and or stormwater engineer or hydrologist and will be implemented in order to enhance the ecological services of the Property, including habitat support, stormwater filtration, erosion and flooding prevention, and vegetation enhancement. Signage The Town may create and install signs that are tasteful, unobtrusive to the natural landscape where appropriate or required by separate agreements between Town and Funding Partners. Trash Cans, Picnic Tables, Benches None will be permitted. Educational Programming The Town and Eagle County with permission from the Town may conduct limited educational visits for the purposes of demonstration of a healthy riparian restoration project. Adopted this day of July, 2019. TOWN OF VAIL By: Patty McKenny, Interim Town Manager EAGLE COUNTY By: Jeanne McQueeney, Chair 2 July 2, 2019 - Page 39 of 117 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 : Award a contract to Rock S olid Solutions for the Timber Ridge R ockf all Mitigation work. B AC K G RO UND: T he Timber R idge Operating Committee sought proposals from qualified contractors f or the stabilization of the rock outcroppings above the town-owned Timber R idge Village Apartments. A total of up to $400,000 has been budgeted for completion of rockfall stabilization mitigation work. R ock Solid S olutions C orporation of P arachute, C olorado has submitted a proposal for the completion of the required scope of work. S imilar mitigation work was successfully completed by the Town of Vail on the hillside above the L ions Ridge A partments. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with R ock Solid S olutions Corporation to complete the Timber Ridge Village A partments rockfall stabilization mitigation work in the amount not to exceed $350,000. AT TAC H ME N TS : Description Memo Rockfall Mitigation at Timber Ridge July 2, 2019 - Page 40 of 117 To: Vail Town Council From: Timber Ridge Operating Committee Date: July 2, 2019 Subject: Contract with Rock Solid Solutions for Rockfall Mitigation Work at Timber Ridge Village 1. SUMMARY The purpose of this memorandum is to provide a summary of information regarding the stabilization of the rock outcroppings above the Timber Ridge Village Apartments and request the town manager to execute a contract with Rock Solid Solutions Corporation (Proposal 2019- 023) for the stabilization of the rock outcroppings above the Timber Ridge Village Apartments. 2. BACKGROUND The Timber Ridge Operating Committee sought proposals from qualified contractors for the stabilization of the rock outcroppings above the town-owned Timber Ridge Village Apartments. A total of up to $400,000 has been budgeted for completion of rockfall stabilization mitigation work. Rock Solid Solutions Corporation of Parachute, Colorado has submitted a proposal for the completion of the required scope of work. The scope of work includes draping wire netting and anchoring certain rock outcroppings to the hillside using a cable lashing system. The installation of the netting and cable lashing system requires the use of a large crane on Lions Ridge Loop to access 3 stabilization areas and a helicopter to access another 6 stabilization areas. All work will be done remotely and completed with hand operated pneumatic drills, compressors and grouting equipment. It is estimated that the work can be completed in approximately 45-54 working days. Similar mitigation work was successfully completed by the Town of Vail on the hillside above the Lions Ridge Apartments. 3. RECOMMENDATIONS The Timber Ridge Operating Committee recommends the Vail Town Council authorizes the Town Manager to execute a contract with Rock Solid Solutions Corporation (Proposal 2019- 023) for the stabilization of the rock outcroppings above the Timber Ridge Village Apartments. The amount of the contract shall be up to $350,000. 4. NEXT STEPS The next steps in the completion of the work include: • Finalization of the scope of work July 2, 2019 - Page 41 of 117 Town of Vail Page 2 • Execution of the contraction • Notification of the Town’s intent to complete work with the use of a helicopter to property owners and residents in the area. • Obtain required permits and approvals for the work 5. ACTION REQUESTED Is the Town Manager authorized to execute a contract with Rock Solid Solutions Corporation (Proposal 2019-023) for the stabilization of the rock outcroppings above the Timber Ridge Village Apartments? The amount of the contract shall be up to $350,000. 6. EXHIBITS Rock Solid Solutions Contract July 2, 2019 - Page 42 of 117 195 Lodgepole Circle, Parachute, CO 81635 Office: (970) 987-4247 Fax: (970) 712-5715 Budgetary Proposal June 24, 2019 To: City of Vail Attention Greg Hall Project: Timber Ridge Village Rockfall Mitigation, Vail, CO RE: Rockfall Mitigation – Proposal 2019-023 Mr. Hall, Rock Solid Solutions is pleased to provide this proposal for the stabilization of the rock outcroppings on the ridge above the Vail Timber Ridge Village Site off Lions Ridge Loop, North Vail Colorado. This proposal is based off the HP Kumar Rockfall Hazard Review dated November 12, 2018 and numerous site visits performed b y Don Berger of Rock Solid Solutions. Rock Solid Solutions is proposing cable net drape systems to stabilize the nine (9) different mitigation areas identified in the attachments and is a supplement (June 2019) to the earlier HP Kumar report. The cable net system will be anchored to stable rock masses around the perimeter of the outcropping with the use of rock anchors. In some cases, a cable lashing s ystem will be installed across the face of the rock outcropping. The cable lashing system will allow Rock Solid Solution’s personnel to tension the cable net system to the rock anchors further stabilizing the cable net system. Due to the remote location of the rock outcropping, all of the equipment and materials required for the installation of the cable net system will be mobilized to the site with the use of a helicopter and crane. RSS is anticipating multiple helicopter mobilizations due to the locations of six (6) of the rockfall zones. Three (3) of the rockfall areas identified appear to be within reach of a large crane. All work will be done remotely and completed with hand operated pneumatic drills, compressors and grouting equipment. All cable netting and hardware are galvanized for corrosion protection. In addition, the cable netting and hardware can be painted a color that matches the existing geology in the area, if necessar y. Please note that during typical forest fire seasons in the rocky mountain west helicopters for this type of work may be unavailable during the months of May through October. It is estimated that the work can be completed in approximately 45-54 working da ys. Please see the prices and clarifications that follow. July 2, 2019 - Page 43 of 117 Vail Rockfall Mitigation Project Timber Ridge Village Rockfall Mitigation, Vail, CO Proposal 2019-023 2 Vail Affordable Housing – Rockfall Mitigation Item Description Estimated Cost 1 Mobilization *equipment, crew and material $7,500 2 Cable Net Stabilization Systems *Nine (9) Rockfall Zones Identified by HP Kumar $275,000 - $325,000 Conditions/Clarifications: Pricing in this proposal is based on one mobilization of RSS crew, equipment and materials. Multiple mobilizations of the helicopter and crane is anticipated during the operations. This proposal is conditioned upon having a helicopter of sufficient size available for use during the work schedule (Summer). Pricing is based on having a staging area for equipment, crew, materials, crane and helicopter loading zone close to the location of the project (Lions Ridge Loop Rd). Pricing is based on staging equipment (air compressor, material and pneumatic tools) on Lions Ridge Loop Road and/or on the slope at each rock outcropping for the duration of the project. All survey and layout of the specific rock blocks is to be coordinated and completed by others (HP Kumar) at no additional cost to Rock Solid. Layout may be required several times during the stabilization process to ensure that the stabilization systems does not encroach other stable blocks. Pricing is based on a clean source of water being provided to Rock Solid for the grouting operations for the installation of the ground anchors. A clean out sump will be required for the grouting operations, preparation and cleanout of the grout sump area shall be provided at no cost to RSS. Pricing has assumed that the grouting operations facilities will not have to be relocated for the duration of Rock Solid’s work. Reasonable access to the wo rk area will be provided at all times for Rock Solid’s equipment, crew and material deliveries. Pricing includes ½” cable nets, rock anchors and all necessary hardware and accessories. Pricing includes galvanized cable nets, rockfall mesh and hardware. No environmental constraints beyond those discussed or provided have been assumed in the pricing. If any environmental issues develop, the price for each issue will be negotiated. Client to provide sanitary facilities on-site at no additional cost to Rock Solid Solutions. July 2, 2019 - Page 44 of 117 Vail Rockfall Mitigation Project Timber Ridge Village Rockfall Mitigation, Vail, CO Proposal 2019-023 3 All site drainage and/or dust control, if necessary to be completed by others at no cost to Rock Solid. All required easements and permits to be in place prior to the mobilization of Rock Solid’s equipment and crew. The scope of work in this proposal can start within 4-5 weeks from the date of acceptance. This proposal is to be finalized and negotiated upon Rock Solid Solutions and the Client joining into a mutually agreed unit price contract for the work. Bonding is not included in the proposal. All invoices are due upon receipt. Amounts due and unpaid over 30 days shall accrue interest at the rate of 2% per month. Customer shall be liable for all costs of collecting amounts due and unpaid, including reasonable attorney’s fees. Thank you for the opportunity to bid on this project. Respectfully, Patrick Breagy Rock Solid Solutions July 2, 2019 - Page 45 of 117 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 : Update on Guest E xperience I nitiative "B olster E arly W inter S eason Economy with R e-I maginiation of T hanksgiving Holiday" P RE S E NT E R(S ): Patty McKenny, I nterim Town Manager, Mia V laar, E conomic Development Director AC T IO N RE Q UE S T E D O F C O UNC IL : C ouncil f eedback on the initiative currently being developed f or T hanksgiving holiday week. B AC K G RO UND: Provide an update about one of the Town of Vail and Vail Mountain guest experience initiatives associated with the T hanksgiving Holiday week activation. AT TAC H ME N TS : Description Memo Guest Experience Initiative Thanksgiving Activitation July 2, 2019 - Page 46 of 117 To: Vail Town Council From: Town Manager’s Office Date: July 2, 2019 Subject: Update about Vail Guest Experience Initiative: “Bolster early winter season economy with Re-Imagination of Thanksgiving Holiday I. SUMMARY The Town Council gave approval last February to the Guest Experience Collaborative Advisory committee (executive staff from Vail Mountain and Town of Vail) to proceed with several initiatives as outlined on page two of this memo. The group has been meeting weekly since spring and is making progress on a number of proposals; a full report on the proposed programming is slated for the next town council meeting on July 16. However, with the short window that exists before Thanksgiving, it was decided to obtain some initial council feedback on an approach and funding range for the initiative of “re-imagining the Thanksgiving holiday week”, more specifically a continued focus on bolstering the early winter season period by re-imagining the Thanksgiving holiday to create both on- and off-mountain guest experiences that ensure strong visitation year-over-year. Because there is interest in involving the Commission on Special Events in the near future with the issuance of an RFQ and selection of an event promoter to manage the event activation, staff will present some preliminary ideas and cost estimates proposed for this initiative. Council feedback and direction will be requested. July 2, 2019 - Page 47 of 117 Town of Vail Page 2 Town of Vail and Vail Mountain Guest Experience & Growth of a Sustainable Tourism Economy Areas that will provide the most synergy to create a multi-year plan for implementation of below initiatives are: Goals: 1. Define, from an experience standpoint, the Vail Experience with a commitment to the Legacy of Excellence Vail is known for as well as be a Leader of Innovation for Mountain Destinations 2. Provide world-class recreational amenities both on the Mountain and in Town 3. Create a collaborative, long-range strategic plan to enhance competitiveness that will include resort programing, special events, the guest experience and municipal services Initiatives: 1. Prepare long-range financial investment plans that support mission and vision of the Town and the Mountain 2. Keep and cultivate premier recreational and cultural amenities and events, delineating between on-snow and off-snow animation ideation and responsibility 3. Be a leader in developing an exceptional guest centric and professional workforce 4. Implement customer service training to provide an excellent level of service that meets the “Vail Standard” Recommended Next Steps: 1. Charge the Vail Guest Experience Collaborative Advisory Committee to: 1.1. With a continued focus on bolstering the early winter season period; re-imagine the Thanksgiving holiday to create both on- and off-mountain guest experiences that ensure strong visitation year-over-year. 1.2. Create a customer service training program, embracing the foundational work by the Vail Chamber & Business Association that can roll out to all Town of Vail business license holders. 1.3. Ensure broader community stakeholder input by way of regular agenda-presentations to the Vail Economic Advisory Council; Vail Mountain’s Legacy Circle (business-to- business stakeholders and discussion); the Vail Local Marketing District Advisory Council; Commission on Special Events; and the Vail Chamber & Business Association. July 2, 2019 - Page 48 of 117 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 : F eedback from Economic D evelopment B oards & Commissions about Civic A rea Master P lan (including Vail L ocal Market Advisory Council and Commission on S pecial E vents) P RE S E NT E R(S ): Mia V laar, Economic D evelopment Director B AC K G RO UND: A s part of the public engagement process for Vail’s Civic A rea P lan, a joint meeting was held the Vail Economic Advisory C ouncil, C ommission on S pecial Events and Vail L ocal Marketing District Advisory Council. T he purpose of the joint meeting was to make recommendations regarding economic priorities for the P lan. AT TAC H ME N TS : Description Memo on Civic Area Plan Feedback Econ Dev Feedback on Civic Area Plan July 2, 2019 - Page 49 of 117 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Economic Development Insights I. SUMMARY Civic Area Plan Feedback from Economic Development groups is summarized for Town Council consideration. II. PURPOSE To provide Council with consolidated feedback regarding economic development opportunities presented by the Civic Area Plan III. BACKGROUND As part of the public engagement process for Vail’s Civic Area Plan, a joint meeting of the Vail Economic Advisory Council, Commission on Special Events and Vail Local Marketing District Advisory Council was held on June 11 at Donovan Pavilion. The purpose of the joint meeting was to make recommendations regarding economic priorities for the Plan. The group was split into tables of 8-10 and each group shared their recommendations. This document outlines the high level “take aways” from that meeting. Conversation was driven by the Town Council Action Plan, including priorities for the Economy pillar. Questions were formulated around the stated goals from the Town’s economic development strategic plan: The group was focused on NEEDS for Vail rather than locations or user groups. Desired outcomes were generating additional overnight stays during low demand periods, providing for July 2, 2019 - Page 50 of 117 future economic growth and opportunity, complementing existing Town assets, and addressing community needs. The recommendations that follow are not presented in order of importance. Vail’s Civic Area Plan Priorities: Go big or go home The reimagined Civic Area should be transformative for Vail. We have few opportunities like this and we need to think big and create something exceptional. Create a single, flexible, scalable and adaptable, multi purpose, fully integrated state-of-the-art indoor event facility to complement existing Vail assets and businesses to grow revenue, especially during low demand periods. Key features called out by the group include: • 30,000 square feet of flexible, integrated, multi-use event space to accommodate up to 1,500 -2,000 guests at one time (21,000 square foot ballroom)* • Include turnkey facilities and adequate space for food and beverage service, concessions, turnkey back of house production (lighting sound, internet) and box office, pre function space, break out rooms. • Financially sustainable model for build and maintenance over the long term. Facility should be run by a professional enterprise in partnership with the town. • Facility should be scalable to accommodate a variety of group sizes, functions and needs. • Public private partnerships should be embraced to achieve the best and highest use. • Facility should include a connection to the outdoors, windows, access to open air spaces, green and informal gathering spaces adjacent to event space. • Facility should be technologically progressive, ‘state of the art’ and built for future, not current, needs. Design should be efficient to accommodate high end/elegant or casual/every day depending on event. • In addition to providing economic growth, facility should benefit community – we need economic growth but also more full time residents (and housing). • Facility should complement, not disrupt, current uses including recreation especially ice. • Central location between Vail Village and Lionshead (current Dobson or Charter Bus lot sites). • Ideally facility* should accommodate most if not all of the following uses: o Meetings: Conferences and group sales (2000 people) o Culture: Concerts and Performing Arts (5,000 people) o Sports tournaments: including hockey o Recreation: flexibility allows for additional rec opportunities o Needs of non-profits, event producers, *Size and space assumptions should be validated with economic impact study Town of Vail Page 2 July 2, 2019 - Page 51 of 117 Other Considerations • Municipal site- possible housing? • Parking – more not less • Combine existing uses - Look at area and needs as a whole, don’t silo functions into locations. • Valley-wide master transportation plan is needed to support Civic Area Plan • Vail Resorts: Lift operation, Merchants: business operation during low demand periods. We will need consistent and longer activation throughout the villages to make this work. • Don’t be duplicative (Vilar Center) • Consider consolidating recreation at Ford Park • Consider Avanti, A Collective Eatery, Family Friendly Food Halls of Denver model? • Consider Parker Arts Center , Jackson Hole Center for the Arts, Stanley Marketplace What does success look like? • We’ve created a unique and vibrant year round asset for Vali that in future we cannot imagine doing without. • Facility (in long term) will break even on annual operating basis while creating significant upside for Vail in sales tax and revenues to local business. • Facility provides multiple benefits to all key Vail stakeholders and constituents; both destination and day guests, local businesses, non-profits, should be multi generational in scope, should benefit the entire community. • Facility should eventually be world renowned for its design, functionality and economic impact. • Facility draws destination guests who stay longer and spend more. • “We killed it” – we do such a tremendous job that everyone agrees it’s been a great addition to Vail. • Vibrant, community embracing, revenue generating, beloved asset. V. STAFF RECOMMENDATION The information contained in this memorandum and in the attachments has been incorporated into the presentation to Town Council for July 16, 2019. Staff requests that Council consider the thoughtful input from the business community and appointed boards and commissions and address the relative importance of economic and community goals in its decisions regarding the Plan. Attachment(s): 1. VLMDAC Statement regarding Civic Area Plan from meeting on June 20, 2019 2. Hotel/Lodging General Managers and Directors of Sales and Marketing feedback regarding Civic Area Plan, from meeting on June 13, 2019 Town of Vail Page 3 July 2, 2019 - Page 52 of 117 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Vail Local Marketing District Advisory Council Statement The VLMDAC’s purpose is to market Vail as a tourist destination to maintain and generate business for the benefit and sustainability of the community. The Lodging Tax provides funds exclusively for marketing efforts; results are measured by year over year Sales and Lodging Tax revenue May-October. As part of Economic Development for the TOV, the VLMDAC has identified (supported by focus groups and research) certain facilities needed to provide spaces for current and future guests and to supplement opportunities for our lodges to attract and secure more large volume groups. We strongly recommend that the first priority for the Civic Area Plan be a multi purpose events center. It should include but not be limited to one 21,000 square foot room appropriate for entertainment, meetings and social events, with adjacent pre-function spaces, back of house production facilities, outdoor venues, kitchen facilities and small (20-60 person) meeting rooms that supplement larger programs. Without a multi use facility such as this, Vail and local lodges are losing large scale groups and events to other resorts with more user friendly, flexible facilities. The multi purpose facility should be designed for future adaptations, LEED approved, state of the art technologies and comfort. Below is a photo from Sunday, June 23, 2019 when Bravo had to erect a tent on the stage at the Ford Amphitheater to keep the instruments and musicians safe and dry in mid-forty temperatures and rainy weather. Town of Vail Page 4 July 2, 2019 - Page 53 of 117 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Feedback from Vail Hotel/Lodging General Managers and Directors of Sales and Marketing On June 13, 2019 the economic development and community development department invited general managers and directors of sales and marketing to gather at the Four Seasons to discuss the opportunities presented by the Civic Area Plan. What follows is consolidated feedback gathered at that meeting. Create a single, flexible, scalable and adaptable, multi purpose, fully integrated state-of- the-art indoor event facility to complement existing Vail assets and businesses to grow revenue, especially during low demand periods. • 12 months of available use for multiple purpose events, activation of low demand (90+ days from mid April to end of June, September 15 – November 15, mid week focus). • Set village wide target for groups of 500+ for low demand periods and engage dedicated sales force for this purpose. (Corporate peak travel matches our spring/fall low demand periods) • Centralized location between Vail Village and Lionshead is ideal (Dobson/Charter Bus Lot) • Meeting/conference space should be able to be shared equitably and should benefit all properties in town • Meeting/conference space should be professionally managed • Existing bed base is adequate - no demonstrated need for conference hotel – what is economic data that validates need for 225 – 300 rooms hotel? • Space should feature ballroom space ‘trophy space’ with high end finishes – could be used as exhibit hall or art gallery • Ballroom space should accommodate 1,500 + people • Easy access, set up and tear down • If Dobson then rename from Ice Arena to something more reflective of facility use • Group sale focus. , low demand period (off season) focus – facility should accommodate group business in spring and fall. • Group business has ‘trickle down’ future benefit – conference attendees consider future visits once they’ve been to Vail • Municipal site should be considered for housing • Interested in learning more about funding mechanism options – generally open to lodging tax • Parking for new facility should be adequate for current and future needs. Success for the general managers/sales and marketing group is 30% growth in revenue during the 90 day (total) low demand period. Town of Vail Page 5 July 2, 2019 - Page 54 of 117 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Economic Development Insights I. SUMMARY Civic Area Plan Feedback from Economic Development groups is summarized for Town Council consideration. II. PURPOSE To provide Council with consolidated feedback regarding economic development opportunities presented by the Civic Area Plan III. BACKGROUND As part of the public engagement process for Vail’s Civic Area Plan, a joint meeting of the Vail Economic Advisory Council, Commission on Special Events and Vail Local Marketing District Advisory Council was held on June 11 at Donovan Pavilion. The purpose of the joint meeting was to make recommendations regarding economic priorities for the Plan. The group was split into tables of 8-10 and each group shared their recommendations. This document outlines the high level “take aways” from that meeting. Conversation was driven by the Town Council Action Plan, including priorities for the Economy pillar. Questions were formulated around the stated goals from the Town’s economic development strategic plan: The group was focused on NEEDS for Vail rather than locations or user groups. Desired outcomes were generating additional overnight stays during low demand periods, providing for July 2, 2019 - Page 55 of 117 Town of Vail Page 2 future economic growth and opportunity, complementing existing Town assets, and addressing community needs. The recommendations that follow are not presented in order of importance. Vail’s Civic Area Plan Priorities: Go big or go home The reimagined Civic Area should be transformative for Vail. We have few opportunities like this and we need to think big and create something exceptional. Create a single, flexible, scalable and adaptable, multi purpose, fully integrated state-of-the-art indoor event facility to complement existing Vail assets and businesses to grow revenue, especially during low demand periods. Key features called out by the group include: • 30,000 square feet of flexible, integrated, multi-use event space to accommodate up to 1,500 -2,000 guests at one time (21,000 square foot ballroom)* • Include turnkey facilities and adequate space for food and beverage service, concessions, turnkey back of house production (lighting sound, internet) and box office, pre function space, break out rooms. • Financially sustainable model for build and maintenance over the long term. Facility should be run by a professional enterprise in partnership with the town. • Facility should be scalable to accommodate a variety of group sizes, functions and needs. • Public private partnerships should be embraced to achieve the best and highest use. • Facility should include a connection to the outdoors, windows, access to open air spaces, green and informal gathering spaces adjacent to event space. • Facility should be technologically progressive, ‘state of the art’ and built for future, not current, needs. Design should be efficient to accommodate high end/elegant or casual/every day depending on event. • In addition to providing economic growth, facility should benefit community – we need economic growth but also more full time residents (and housing). • Facility should complement, not disrupt, current uses including recreation especially ice. • Central location between Vail Village and Lionshead (current Dobson or Charter Bus lot sites). • Ideally facility* should accommodate most if not all of the following uses: o Meetings: Conferences and group sales (2000 people) o Culture: Concerts and Performing Arts (5,000 people) o Sports tournaments: including hockey o Recreation: flexibility allows for additional rec opportunities o Needs of non-profits, event producers, *Size and space assumptions should be validated with economic impact study July 2, 2019 - Page 56 of 117 Town of Vail Page 3 Other Considerations • Municipal site- possible housing? • Parking – more not less • Combine existing uses - Look at area and needs as a whole, don’t silo functions into locations. • Valley-wide master transportation plan is needed to support Civic Area Plan • Vail Resorts: Lift operation, Merchants: business operation during low demand periods. We will need consistent and longer activation throughout the villages to make this work. • Don’t be duplicative (Vilar Center) • Consider consolidating recreation at Ford Park • Consider Avanti, A Collective Eatery, Family Friendly Food Halls of Denver model? • Consider Parker Arts Center , Jackson Hole Center for the Arts, Stanley Marketplace What does success look like? • We’ve created a unique and vibrant year round asset for Vali that in future we cannot imagine doing without. • Facility (in long term) will break even on annual operating basis while creating significant upside for Vail in sales tax and revenues to local business. • Facility provides multiple benefits to all key Vail stakeholders and constituents; both destination and day guests, local businesses, non-profits, should be multi generational in scope, should benefit the entire community. • Facility should eventually be world renowned for its design, functionality and economic impact. • Facility draws destination guests who stay longer and spend more. • “We killed it” – we do such a tremendous job that everyone agrees it’s been a great addition to Vail. • Vibrant, community embracing, revenue generating, beloved asset. V. STAFF RECOMMENDATION The information contained in this memorandum and in the attachments has been incorporated into the presentation to Town Council for July 16, 2019. Staff requests that Council consider the thoughtful input from the business community and appointed boards and commissions and address the relative importance of economic and community goals in its decisions regarding the Plan. Attachment(s): 1. VLMDAC Statement regarding Civic Area Plan from meeting on June 20, 2019 2. Hotel/Lodging General Managers and Directors of Sales and Marketing feedback regarding Civic Area Plan, from meeting on June 13, 2019 July 2, 2019 - Page 57 of 117 Town of Vail Page 4 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Vail Local Marketing District Advisory Council Statement The VLMDAC’s purpose is to market Vail as a tourist destination to maintain and generate business for the benefit and sustainability of the community. The Lodging Tax provides funds exclusively for marketing efforts; results are measured by year over year Sales and Lodging Tax revenue May-October. As part of Economic Development for the TOV, the VLMDAC has identified (supported by focus groups and research) certain facilities needed to provide spaces for current and future guests and to supplement opportunities for our lodges to attract and secure more large volume groups. We strongly recommend that the first priority for the Civic Area Plan be a multi purpose events center. It should include but not be limited to one 21,000 square foot room appropriate for entertainment, meetings and social events, with adjacent pre-function spaces, back of house production facilities, outdoor venues, kitchen facilities and small (20-60 person) meeting rooms that supplement larger programs. Without a multi use facility such as this, Vail and local lodges are losing large scale groups and events to other resorts with more user friendly, flexible facilities. The multi purpose facility should be designed for future adaptations, LEED approved, state of the art technologies and comfort. Below is a photo from Sunday, June 23, 2019 when Bravo had to erect a tent on the stage at the Ford Amphitheater to keep the instruments and musicians safe and dry in mid-forty temperatures and rainy weather. July 2, 2019 - Page 58 of 117 Town of Vail Page 5 To: Vail Town Council From: Mia Vlaar, Economic Development Director Date: July 2, 2019 Subject: Vail Civic Area Plan: Feedback from Vail Hotel/Lodging General Managers and Directors of Sales and Marketing On June 13, 2019 the economic development and community development department invited general managers and directors of sales and marketing to gather at the Four Seasons to discuss the opportunities presented by the Civic Area Plan. What follows is consolidated feedback gathered at that meeting. Create a single, flexible, scalable and adaptable, multi purpose, fully integrated state-of- the-art indoor event facility to complement existing Vail assets and businesses to grow revenue, especially during low demand periods. • 12 months of available use for multiple purpose events, activation of low demand (90+ days from mid April to end of June, September 15 – November 15, mid week focus). • Set village wide target for groups of 500+ for low demand periods and engage dedicated sales force for this purpose. (Corporate peak travel matches our spring/fall low demand periods) • Centralized location between Vail Village and Lionshead is ideal (Dobson/Charter Bus Lot) • Meeting/conference space should be able to be shared equitably and should benefit all properties in town • Meeting/conference space should be professionally managed • Existing bed base is adequate - no demonstrated need for conference hotel – what is economic data that validates need for 225 – 300 rooms hotel? • Space should feature ballroom space ‘trophy space’ with high end finishes – could be used as exhibit hall or art gallery • Ballroom space should accommodate 1,500 + people • Easy access, set up and tear down • If Dobson then rename from Ice Arena to something more reflective of facility use • Group sale focus. , low demand period (off season) focus – facility should accommodate group business in spring and fall. • Group business has ‘trickle down’ future benefit – conference attendees consider future visits once they’ve been to Vail • Municipal site should be considered for housing • Interested in learning more about funding mechanism options – generally open to lodging tax • Parking for new facility should be adequate for current and future needs. Success for the general managers/sales and marketing group is 30% growth in revenue during the 90 day (total) low demand period. July 2, 2019 - Page 59 of 117 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 : Town of Vail D ata Center Update and R esolution No. 29, Series of 2019, Resolution approving C ontract with L ewan and A ssociates P RE S E NT E R(S ): T J J ohnson, I T Director AC T IO N RE Q UE S T E D O F C O UNC IL : Motion to award contract f or Data C enter. B AC K G RO UND: I n conjunction with the P roject T hor Meet Me Center commitment, the Town of Vail is constructing a new data center at F ire Station 3. T he Fire Station was chosen as the best location for accommodating the two projects and a repurposing of downstairs of f ice space and upstairs dormitory units has been made to accomplish the project. T he data center is key to the town's system operations and protecting its digital information. A request for proposal process was used for the selection of the vendor who will help the town construct the center. T he R esolution attached if approved, would secure the contract with the data center vendor. AT TAC H ME N TS : Description Resolution 29 July 2, 2019 - Page 60 of 117 To: Vail Town Council From: TJ Johnson, IT Director Date: July 2, 2019 Subject: Award West Vail Data Center Contract I. ITEM/TOPIC Award contract for the Data Center portion of the West Vail Data Center project II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Lewan Technology to complete the Data Center specific portion of the West Vail Data Center project. III. BACKGROUND Summary The need for an additional data center (DC) to better support the Town’s critical technology infrastructure was first identified in 2014. Numerous locations were investigated, and ultimately Fire Station 3 in West Vail was identified as the best location available to house these functions. In previous years, other critical capital projects bumped the priority of this project down the list. This year, in conjunction with the Project THOR Meet Me Center commitment, the Town of Vail is completing the construction of this new DC at Fire Station 3. The project also includes the re- purposing of some upstairs and downstairs areas, in order to meet operational needs for both the Fire department and Information Technology. This project supports 2 pillars of the Council’s Action Plan. First, the DC redundancy ensures that we provide the Experience ‘Vail. Like nothing on earth’, by delivering the goal of ‘Excellent Municipal Services’. And second, the Project THOR Meet Me Center helps to Evaluate emerging technologies in the Economy, by providing the foundation for additional needed bandwidth to support these future opportunities. Detail Initially, a design was created for the DC providing 2 options for it to be located on the second floor. This location minimized the impact on the existing Fire Station operations, while still providing ample room for the critical IT infrastructure housed there. An engineering review of these initial plans determined that significant additional structural work would be needed for the second floor to support the weight of the IT equipment required. As such, it was necessary to re-work the plans and move the DC from the second floor down to the first floor. This change in location resulted in a significant impact on existing Fire operations, as well as a reduction in the availability of dormitory housing at Fire Station 3 (used regularly by the Fire department, and occasionally by other Town employees for temporary housing). Specifically, several offices needed to be moved from the first floor to the second floor, thereby creating a space for the DC. Some of the existing bedrooms would also have to be re-purposed as July 2, 2019 - Page 61 of 117 additional offices for Fire officials. While these changes were unexpected, the TOV management team has determined that the impact of these operational changes is manageable, and we are moving forward with plans that put the DC on the first floor. Once the location of the DC was finalized, we followed a targeted RFP process with 3 different vendors. Each offered a different set of design options for the data center, and we ultimately chose the one that best leverages state of the art technology while still falling within the proposed budget. Lewan Technology is our chosen partner, and the contract we are presenting will be with them. Key points contained in the agreement: • Lewan Technology will be our partner in building the DC. They will be supported by another company – NNSI – to deliver on this work • Agreement defines a total payment not to exceed $766,830 • Provides architecture and design diagrams, materials specific to the DC needs, and skilled contractors for installation • Payments will be incremental, provided upon completion of various steps in the process • Additional details regarding design and build (Exhibits A and B) • Technical details regarding electrical, cooling, and containment systems (Exhibits C, D, E) IV. NEXT STEPS The council approving this DC agreement is the critical first step for this project. Staff will seek bids for the additional remodel work – demolition, electricity, framing, etc. – that will be required for the re-location of fire department offices and the re-purposing of other upstairs spaces as well as completion of an additional auxiliary building to house the emergency backup generator. These additional vendor agreements will be forthcoming for approval in the near future. V. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement with Lewan Technology to design and build the West Vail Data Center for an amount not to exceed $766,830. Attachment(s): West Vail Data Center Lewan Technology Professional Services Agreement Town of Vail Page 2 July 2, 2019 - Page 62 of 117 RESOLUTION NO. 29 SERIES OF 2019 A RESOLUTION APPROVING A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF VAIL AND LEWAN TECHNOLOGY WHEREAS, the Town wishes to enter into an agreement (the “Agreement”) with Lewan Technology to design and build the requisite systems and functionality for West Vail Data Center; NOW, THEREFORE, BE IT RESOLVED BY TOWN COUNCIL FOR THE TOWN OF VAIL, STATE OF COLORADO: Section 1. The Council hereby approves the Agreement and authorizes the Town Manager to enter into the Agreement in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. Section 2. This Resolution shall take effect immediately upon its passage. ATTEST TOWN OF VAIL ______________________________ _____________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor Resolution No. 29 Series of 2019 July 2, 2019 - Page 63 of 117 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this 22nd day of May, 2019, by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 81657, a Colorado municipal corporation (the "Town"), and Lewan Technology, an independent contractor with a principal place of business at 1400 S. Colorado Blvd, Denver Colorado 80222 ("Contractor") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town requires professional services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required professional services. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. SCOPE OF SERVICES A. Contractor shall furnish all labor and materials required for the complete and prompt execution and performance of all duties, obligations, and responsibilities which are described or reasonably implied from the Scope of Services set forth in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference. B. A change in the Scope of Services (“Scope Change”) shall not be effective unless authorized as an amendment to this Agreement. If Contractor proceeds without such written authorization, Contractor shall be deemed to have waived any claim for additional compensation, including a claim based on the theory of unjust enrichment, quantum merit or implied contract. Except as expressly provided herein, no agent, employee, or representative of the Town is authorized to modify any term of this Agreement, either directly or implied by a course of action. C. Town agrees to execute authorization or non-acceptance of Scope Change in time frame designated by Contractor (“Decision Date”). Contractor will note in Scope Change criteria relevant to establishment of Decision Date in light of project deliverables outlined in Scope of Services. Town acknowledges that any Scope Change authorization or non-acceptance not executed by Decision Date designated by Contractor may impair Contractor’s ability to meet deliverables and add financial burden on Contractor in excess of compensation noted herein. If such additional financial burden is noted within Scope Change and Town does not meet Decision Date requirement, Town agrees to pay additional financial burdens noted in Scope Change. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Contractor completes the Scope of Services to the satisfaction of the Town, or until terminated as provided herein. B. Either Party may terminate this Agreement upon 7 days advance written notice. The Town shall pay Contractor for all work previously authorized and completed prior to the date of termination. If, however, Contractor has substantially or materially breached this Agreement, the Town shall have any remedy or right of set-off available at law and equity. July 2, 2019 - Page 64 of 117 2 III. COMPENSATION A. In consideration for the completion of the Scope of Services by Contractor, the Town shall pay Contractor an amount not to exceed $766,830. This maximum amount shall include all fees, costs and expenses incurred by Contractor, and no additional amounts shall be paid by the Town for such fees, costs and expenses. Contractor shall not be paid until the Scope of Services is completed to the satisfaction of the Town per payment schedule noted in Exhibit B. Upon satisfactory completion of work, Town will pay Contractor invoice for applicable work within 15 days of receipt of invoice. B. Notwithstanding the maximum amount specified in this Section, Contractor shall be paid only for work performed. If Contractor completes the Scope of Services for less than the maximum amount, Contractor shall be paid the lesser amount, not the maximum amount. IV. PROFESSIONAL RESPONSIBILITY A. Contractor hereby warrants that it is qualified to assume the responsibilities and render the services described herein and has all requisite corporate authority and professional licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted professional practices and the level of competency presently maintained by other practicing professional firms in the same or similar type of work in the applicable community. The work and services to be performed by Contractor hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations. C. The Town's review, approval or acceptance of, or payment for any services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. D. Because the Town has hired Contractor for its professional expertise, Contractor agrees not to employ subcontractors to perform any work under the Scope of Services that is not supervised by Contractor. V. OWNERSHIP Any materials, items, and work specified in the Scope of Services, and any and all related documentation and materials provided or developed by Contractor shall be exclusively owned by the Town. Contractor expressly acknowledges and agrees that all work performed under the Scope of Services constitutes a "work made for hire." To the extent, if at all, that it does not constitute a "work made for hire," Contractor hereby transfers, sells, and assigns to the Town all of its right, title, and interest in such work. The Town may, with respect to all or any portion of such work, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change such work without providing notice to or receiving consent from Contractor. VI. INDEPENDENT CONTRACTOR Contractor is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Contractor to perform work under the terms of this July 2, 2019 - Page 65 of 117 3 Agreement shall be, and remain at all times, employees or agents of Contractor for all purposes. Contractor shall make no representation that it is a Town employee for any purposes. VII. INSURANCE A. Contractor agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by Contractor pursuant to this Agreement. At a minimum, Contractor shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $1,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. 3. Professional liability insurance with minimum limits of $1,000,000 each claim and $1,000,000 general aggregate. C. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods sh all be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Contractor. Contractor shall be solely responsible for any deductible losses under any policy. D. Contractor shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VIII. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor, or which arise out of a worker's compensation July 2, 2019 - Page 66 of 117 4 claim of any employee of Contractor or of any employee of any subcontractor of Contractor. Contractor's liability under this indemnification provision shall be to the fullest extent of, but shall not exceed, that amount represented by the degree or percentage of negligence or fault attributable to Contractor, any subcontractor of Contractor, or any officer, employee, representative, or agent of Contractor or of any subcontractor of Contractor. If Contractor is providing architectural, engineering, surveying or other design services under this Agreement, the extent of Contractor's obligation to indemnify and hold harmless the Town may be determined only after Contractor's liability or fault has been determined by adjudication, alternative dispute resolution or otherwise resolved by mutual agreement between the Parties, as provided by C.R.S. § 13-50.5-102(8)(c). IX. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Contractor hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Contractor will participate in either the E- Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Contractor has employees, Contractor has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Contractor shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Contractor shall: notify the subcontractor and the Town within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Contractor shall not terminate the subcontract if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. July 2, 2019 - Page 67 of 117 5 D. Duty to Comply with Investigations. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Contractor is complying with the terms of this Agreement. E. Affidavits. If Contractor does not have employees, Contractor shall sign the "No Employee Affidavit" attached hereto. If Contractor wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Contractor shall sign the "Department Program Affidavit" attached hereto. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. July 2, 2019 - Page 68 of 117 6 K. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first set forth above. TOWN OF VAIL, COLORADO ____________________________________ Patty McKenny, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk APPROVED AS TO FORM: __________________________________ J. Matthew Mire, Town Attorney CONTRACTOR By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2015, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ____________________________________ Notary Public July 2, 2019 - Page 69 of 117 7 EXHIBIT A SCOPE OF SERVICES Contractor Engagement Parameters: After preliminary discussions with Town representatives regarding design and construction of Client’s West Vail Data Center (WVDC), Contractor provided project estimate in conjunctions with noted Town requirements. See Exhibit B. These estimates will serve as baseline for Contractor and Town understanding as to requirements and associated costs. The deliverables provided within this Scope of Services will confirm and / or provide adjustment to the baseline provided in Exhibit B. As of execution of this agreement Contractor understands Town’s expectation for completion of the WVDC is September 1, 2019. Contractor's Duties During the term of this Agreement, Contractor shall perform the following duties, as directed by the Town: Contractor shall design and build the requisite systems and functionality for the Town’s WVDC. These designs and associated build out of data center will incorporate Town requirements for room layout, internal rack configuration, power, cooling, and security systems. Contractor shall work with Town representatives and Town 3rd party agents to coordinate responsibilities and corresponding scheduling required to complete WVDC. Contractor's Deliverables In performance of the duties described above, Contractor shall deliver the following items to the Town, during the timeframes established by Contractor and the Town: Contractor will deliver the following items in conjunction with this engagement. o Documentation addressing design of WVDC to include the following. This documentation will be referred to Design Drawings. Room Layout: to include racks and supporting systems Final Equipment: to include all requisite equipment and materials necessary to meet specifications requested by the Town. Installation and Management Services: to include all labor related to installing equipment and systems. July 2, 2019 - Page 70 of 117 8 o Documentation addressing and outlining global activities and related responsible party required to deliver WVDC to Town. Documentation will be referred to as Responsibility Matrix. The Responsibility Matrix will go into requisite detail surrounding expectations for Town and its corresponding third party contractors / agents. At this time, Lewan anticipates the following items to be responsibility of the Town and its contractors / agents. This list is not inclusive and will be finalized with Responsibility Matrix deliverable. Electrical with applicable permits Water Supply with applicable permits Plumbing with applicable permits Supporting equipment not noted in this proposal such as generators, automatic transfer switches and fire suppression systems Physical telecom access into data center room and into building housing data center Architectural improvements to existing building and external site related to conversion of present functional office space to future functional data center space within applicable municipal codes. Moving and installation of Town’s technical equipment that will ultimately reside in data center. o Documentation addressing and outlining construction related activities and associated scheduling to meet Town requirements for delivery of WVDC. Documentation will be referred to as Construction Schedule. o All requisite equipment and materials outlined in the Design Drawings per time frame agreed to within proposed Construction Schedule. o All requisite labor to build and install equipment and materials noted in Design Drawings per time frames noted in proposed Construction Schedule. July 2, 2019 - Page 71 of 117 EXHIBIT B DELIVERABLES Prepared for Prepared by Steve Blair Rich Kennedy Town of Vail Lewan Technology 75 S. Frontage Road 1400 S. Colorado Blvd Vail CO 81657 Denver CO 80222 P: 303-968-2379 rich.kennedy@lewan.com Power (See Exhibit C for additional technical specifications) UPS- 3 phase eXM 100kVA 480-208/120 100kW 8 min batt with MBC, SNMP 7x24 start-up, provide and install ATS to connect customer provided back up generator 185,000$ Cooling (See Exhibit D for additional technical specifications) CRV 460V In-row cooling with chilled water supply 337,500$ Containment Furnish and install: 27,500$ Busway Starline: Dual 400 amp busway L21-30 bus-plugs 50,000$ Assembly services: 47,000$ Freight cost 13,500$ Total 138,000$ Cabinets (See Exhibit E for additional technical specifications)8 Cabinets VR3357 48Ux800mmx1200 cabinets 24,000$ Rack/Room Security access 13(8 cab) /17 (12 cab) locations 14,330$ PDUs: Switched, Outlet Monitoring, L21-30P w/(24) locking C13 and C19 40,000$ 12 Strand single mode fiber to each cabinet 28,000$ Total 106,330$ Estimated Project Totals 8 Cabinets Power 185,000$ Cooling 337,500$ Containment 138,000$ Cabinets 106,330$ Total 766,830$ As discussed during meeting with the Town's IT group, Lewan believes the Town has a viable option for an air cooled system gi ven Vail's climate and the prospective size of the data center. The ultimate configuration and resulting economics for an air cooled sytem will req uire deeper analysis and calculation which would be contingent upon numerous variables, including elements such as room size, data center layout, buil ding ventilation capabilities, and other construction related dynamics. Based upon Lewan's current knowledge, ultimate costs for deliverables noted above will not exceed amounts provided. Payment Schedule Payment for delivery of Scope of Services in Exhibit A is expected to be as follows -Upon acceptance of Design Drawings, Responsibility Matrix, Construction Schedule and associated mobilization of resources by Lewan to deliver applicable deliverables, Town will pay Lewan $76,000. -Lewan and Town will review noted milestones within Construction Schedule 5 days prior to each calendar month end to determine contract value delivered by Lewan to Town through applicable date via AIA document G702/703. Blank document AIA included within Exhibit B.If contract value is agreed to by both Lewan and Town, Town will pay denoted amount. If Lewan and Town do not agree as to contract value delivere d by applicable milestone review, Town will pay 80% of Lewan's denoted contract value delivered or 100% of Town's denoted contract value deli vered, whichever is larger. Payment for contract value delivered will be made by the 15th of the month following applicable milestone review. -Based upon Lewan's current understanding of project and associated Scope of Service noted in Exhibit A and the equipment, materials, and installation costs noted in this Exhibit B, Lewan estimates the following payment schedule. This schedule is an estimate and contingent upon numerous unknown variables at this time. * Design Acceptance and Resource Mobilization -June 25: Payment due 7/15 = $76,000 (10% of contract value as of agreement date) * Equipment and Material acquisition, Preliminary Installation and Project Management -July 26: Payment due 8/15 = 35% contract value * Equipment and Material reciept, Final Installation and Project Managment -8/26: Payment due 9/15= 50% of contract value * Project Completion and Project Management -9/25: Payment due 10/15 = 5% of contract value Please note this payment schedule and associated contract value completion are estimates based upon Lewan's current understan ding and may vary with finalization of Design Drawings and Construction Schedule as well as any Scope Changes experienced within project. July 2, 2019 - Page 72 of 117 July 2, 2019 - Page 73 of 117 July 2, 2019 - Page 74 of 117 Liebert® EXM™ 3-Phase AC UPS yy10-250kVA, 208 & 480 Volt Native yyUnity Power Factor yyUp to 99% Efficient yyOptimized Ancillaries provide Flexible Deployment yyUL 924 Listed yyNext Generation Scalable Functionality yyNext Generation Touchscreen Control Panel yy480V Models Qualified for Use with Lithium-ion Batteries and Flywheels Efficient and Economical So You Can Contol Your Costs The Liebert EXM UPS was purposefully designed to provide efficient power protection that can meet your operating and capital requirements. yyUnity Power Factor ensures more power is provided in a smaller footprint, thus increasing system capacity while minimizing cabling and installation costs yyDelivers high efficiency levels throughout the capacity range yy208 or 480 volt systems yyTransformer-free design saves space, capital, weight and shipping costs yySuperior operating efficiencies are realized through both the Eco-Mode option, which performs at 99% and the Double Conversion Mode, which delivers 97% (480V models) yyENERGY STAR® qualified The Liebert EXM UPS is ideal for: yy Small to midsize IT applications yy Edge of the network operations yy Midsize/regional colocation facilities yy Testing, medical and telecom systems yy Emergency lighting LoadEfficiency90% 91% 92% 94% 96% 98% 93% 95% 97% 99% 30%40%50%60%70%80%90%100% Brand E Liebert eXM UPSDouble Conversion Liebert eXM UPSEcoMode Brand A UL 924 Emergency Lighting UPS A Midsize UPS As Dynamic As Your Needs MORE CAPACITY! LESS SPACE! 10% less 20% less Brand E Liebert EXM UPS Brand A Based on a 100kVA 100A 100% rated breaker Unity Power Factor Makes a Difference 2 LIEBERT® EXM™ UPS July 2, 2019 - Page 75 of 117 Flexible Configurations and Deployment Options Adapt and Scale with Ease The flexible, scalable, redundant design of the Liebert® EXM™ UPS is available in many system configurations to ensure optimal power protection. Up to 100kW 208V Up to 200kW 208V Up to 250kW 480V (200kVA shown) GROW FROM TO 10kW 208V Internal Batteries Internal Batteries 40kW 208V 20kW 208V 100kW 208V 20kW 208V 200kW 208V 50kW 480V 200kW 480V 50kW 480V 250kW 480V Flexible Scalability Paths Meet Your Capacity/ Redundancy Plans yy Rapid deployment yy Reduce the pains of predicting capacity yy Configure for N+1 redundancy Availability Designed In On-line, double conversion design delivers reliable power and highest levels of uptime. yyMulti-module configurations enhance availability yyInternally redundant design reduces switches to bypass yyStandard 65kA short circuit withstand rating (certain conditions may apply) yyEasy access to key components yyHigh Mean Time Between Failure (MTBF) performance yyRedundant communication paths ensures reliable control Single Module System (SMS) Distribute Bypass DCSource DCSource DCSource 3July 2, 2019 - Page 76 of 117 The Liebert® EXM UPS provides future-proof scalability along with matching ancillary cabinets to address your power system demands. yyMaintenance bypass cabinet yyBypass and distribution cabinet yyBattery cabinet (many run time options), Lithium-ion available with 480V models yyDual input transformer cabinet yyParalleling cabinet (parallel for higher capacity or redundancy). Optimized Ancillaries (various sizes available) Multi-Module Flexibility yyMatching Paralleling Cabinet supports up to a 2+1 configuration. yyOptions for up to 4+0 can be supported using third party switchgear. Capacity, Redundancy, Flexibility Protection from critical power problems Maintenance Bypass Bypass Distribution 1+1 Paralleling 2+0 Dual Input Transformer 2+1 Extended Battery Outages Transient Sags Frequency Deviation Surges Under Voltage Spikes Over Voltage Harmonics Noise LIB READY FOR Lithium-ion Batteries Lithium-ion Battery Cabinet (Samsung) 4 LIEBERT® EXM™ UPS July 2, 2019 - Page 77 of 117 Protection from critical power problems Touch-Screen Control Panel Offers Intelligent Control yyIntuitive, easy to use to reduce chances of human error yyImproves productivity by providing information you need yyPower performance parameters visualized yyService and maintenance support at your fingertips yyCompatible with The Trellis™ Platform Optional Integrated Albér Battery Monitoring Systems yyAdvance warning of pending UPS battery failures yyReal-time system and component level visibility yyVerify the health of the entire battery system yyIntegrated into the battery cabinet Communications and Environmental Monitoring: Leverage the capabilities of our Unity Communications card and sensors to easily daisy chain together data inputs. yyTemperature yyHumidity yyAccess yyLeaks yyMore Intuitive, Intelligent Operation at Every Level Software to Match Your Needs SOFTWARE The Trellis™ Platform Liebert® SiteScan® Liebert Nform™ Alber BDSUi Battery Monitor 5July 2, 2019 - Page 78 of 117 Life™ Services yy24x7 continuous remote monitoring yyExpert analysis and diagnosis yyQuick, safe and accurate response yyJust one of the professional service & support options available to improve uptime, cost control and resource allocation Liebert® Services Maximizing the performance and efficiency of your data center's uninterruptible power supply (UPS) and other power distribution systems requires systems be properly maintained by factory-trained technicians. Trust Vertiv™, Liebert Services to take your critical maintenance to the next level-proactive maintenance that can significantly extend the life of your power systems, decrease your capital investment, optimize system efficiency and effectiveness, and increase overall system availability. yy24x7 critical maintenance response yyProactive service, extends system life yyImproved MTBF and MTTR yyLocal factory trained engineers ready to respond yyParts, expertise, satisfaction Critical Services And Support Emergency Response Equipment Level System-Wide Perspective Extend the Life of Your System Decrease Capital Investment Optimize System Repair Normal Operational Stress Increase Equipment Reliability Repair Once Fault Has Occurred ONLY Vertiv FEW MANY PROACTIVE** PREVENTIVE* REACTIVE* Monitoring Analysis & Diagnostics Response RespondMonitorAnalyze & Diagnose 6 LIEBERT® EXM™ UPS July 2, 2019 - Page 79 of 117 7 Specifications 208V NATIVE 208V NATIVE 480V NATIVE Power Rating – kW/kVA 10, 15, 20, 30, 40 60, 80, 100, 120, 140, 160, 180, 200 30, 40, 50, 75, 100, 125, 150, 175, 200, 225, 250 Internal Battery Supported Y N N Input AC Specifications Phase/Power Factor/ Freq 3 / 0.99 lagging minimum at full load / 40-70 Hz Input Voltage 208, 220, 4801, 6001 VAC, 60Hz, 3-phase, 4-wire plus ground General Specifications UPS Technology On-Line Double Conversion Battery Specifications Battery Test Type/ Battery Technology Online / Valve-regulated lead acid battery / Lithium-ion (for 480V only) Output AC Specifications Voltage 208/120, 220/127VAC, 60Hz 3-phase, 3- or 4-wire plus ground 480VAC, 60Hz 3-phase, 3-wire plus ground Frequency − Hz 60 Hza Communications Options 3 Liebert IntelliSlots Card Compatibility IS-UNITY-DP, IS-UNITY-LIFE, IS-485EXI, IS-RELAY Protocols Available MODBUS-IP, MODBUS-485, BACNET-IP, BACNET-MSTP, SNMP, HTTP, LIFETM Services, Relay Contacts Environmental Sensors Liebert SN Series Temperature, Humidity, Temperature/Humidity Combination, Contact Closure Physical Data UPS UPS Rating Unit Weight lb (kg)Dimensions, W X D X H in (mm)Unit Weight lb (kg)Dimensions, W X D X H in (mm) 10kVA, 15kVA, 20kVA 604 (274)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)N/A N/A 30kVA, 40kVA 678 (307.5)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)748 (339)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 50kVA 678 (307.5)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)748 (339)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 60kVA 807 (366)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)N/A N/A 75kVA N/A N/A 842 (382)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 80kVA 881 (399.6)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)N/A N/A 100kVA 955 (433.1)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)842 (382)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 120kVA 1221 (553.8)34.6 x 39.5 x 78.7 (880 x 1000 x 2000)N/A N/A 125kVA N/A N/A 936 (425)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 150kVA N/A N/A 936 (425)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 160kVA 1368 (620.5)34.6 x 39.5 x 78.7 (880 x 1000 x 2000)N/A N/A 175kVA N/A N/A 1030 (467)33.0 x 39.5 x 78.7 (880 x 1000 x 2000) 180kVA 1442 (654)34.6 x 39.5 x 78.7 (880 x 1000 x 2000)N/A N/A 200kVA 1516 (687.6)34.6 x 39.5 x 78.7 (880 x 1000 x 2000)1030 (467)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 225kVA N/A N/A 1030 (467)23.6 x 39.5 x 78.7 (600 x 1000 x 2000) 250kVA N/A N/A 1244 (564)33.0 x 39.5 x 78.7 (880 x 1000 x 2000) Physical Data Ancillaries Weight lb (kg) Dimensions, W X D X H in (mm) Weight lb (kg)Dimensions, W X D X H in (mm) 600mm Bypass Distribution Cabinet 550 (250)23.6 x 39.5 x 78.7 (600 x 1000 x 2000)N/A N/A 300mm Maintenance Bypass Cabinet 288 (131)7.9 x 39.5 x 78.7 (200 x 1000 x 2000)288 (131) 11.8 x 39.5 x 78.7 (300 x 1000 x 2000) 200mm Maintenance Bypass Cabinet 198 (90)7.9 x 39.5 x 78.7 (200 x 1000 x 2000)198 (90)N/A 1200mm Battery Cabinet N/A N/A 4907 (2226) with HX540 batteries 1200mm battery cabinet 47.3 x 39.5 x 78.7 (1200 x 1000 x 2000) 880mm Battery Cabinet 3649 (1656) with HX540 batteries 34.7 x 39.5 x 78.7 (880 x 1000 x 2000)2962 (1344) with HX300 batteries 34.7 x 39.5 x 78.7 (880 x 1000 x 2000) 600mm Battery Cabinet 2454 (1114) with HX330 batteries 23.6 x 39.5 x 78.7 (600 x 1000 x 2000)N/A N/A 320mm Battery Cabinet 1432 (650) with HX205 batteries 12.6 x 39.5 x 78.7 (320 x 1000 x 2000)N/A N/A Lithium-ion Battery Cabinet (Samsung)N/A N/A 1200 (545) with batteries 26 x 24 x 81 (650 x 600 x 2055) Environmental Operating Temperature, °F (°C): UPS: 32° to 104°F (0-40°C); Battery: 68° to 86°F (20-30°C). Relative Humidity: 0% to 95%, non-condensing. Operating Altitude: Up to 3,300 ft. (1,000m) without derating. Acoustical Noise, db, at 39 in.: Less than 59 dBA typical, 3.3 ft. (1m) from the unit Agency/Certification/ Conformance Listed to UL 1778 , UL 924 and CSA certified. Meets current requirements for safe high performance UPS operation. ENERGY STAR® qualified. Seismic and OSHPD certified. Warranty Standard 1 year July 2, 2019 - Page 80 of 117 LIEBERT® CRV™ ROW-BASED COOLING DX Cooling, 19.6 kW 1 The Liebert® CRV™ is the Most Efficient Row–Based Cooling Solution yy Industry’s Highest Delivered Row-Based Efficiency yy 2X the Capacity as the Competition yy Availability Approaching 100% yy Industry’s Most Advanced Control & Performance Optimization yy Backed by the Industry’s Best Service and Support C O N TROLS SERVI CE E Q UIPMENT2X THE CAPACITY PER SQUARE FOOT! Industry’s Highest Delivered Row-Based Efficiency yyMoving cooling closer to the source yyDigital Scroll Compressor to match load & saves energy with 80-step capacity modulation yyVariable Speed Fans to match load yyField-adjustable air baffles - getting the air where it really needs to be Hydrophilic Coated Coil 16,000 12” DX Row Based Unit Energy Cost Comparison 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 Based on $0.10/kW-h 5 10 15 20 Load (kW)Annual Energy Costs ($)25 30 35 40 $2,300 $1,000 $4,300 $1,300 $1,200 $1,200 $600$1,400 Option B Option A Liebert Energy Savings over Option B Energy Savings over Option A Availability Approaching 100% yyHydrophilic coating to ensure no water blow off yyEmergency airflow capacity (20%) yyReal-time environmental control from rack sensors yyAutomatic performance optimization with Liebert iCOM™ controls and teamwork modes yyWellness monitor alerts users in advance of potential issues Industry’s Most Advanced Control & Performance Optimization yyOnly row-based product that can separate the compressor and fan speed for the best efficiency yyAllows for six different control modes for greater flexibility yyControls up to 20 rack sensors to ensure the correct amount of cold air is provided compared to 3 or less for the competition July 2, 2019 - Page 81 of 117 2 SL-11983 (R11/14) VertivCo.com | Vertiv Headquarters, 1050 Dearborn Drive, Columbus, OH, 43085, USA. © 2016 Vertiv Co. All rights reserved. Vertiv, the Vertiv logo and Vertiv Liebert DSE, Liebert iCOM™ are trademarks or registered trademarks of Vertiv Co. All other names and logos referred to are trade names, trademarks or registered trademarks of their respective owners. While every precaution has been taken to ensure accuracy and completeness herein, Vertiv Co. assumes no responsibility, and disclaims all liability, for damages resulting from use of this information or for any errors or omissions. Specifications are subject to change without notice. Technical Data Nominal capacity 19.6 kW, Air-Cooled, Water/Glycol Input Voltage 208-230V, 3ph, 60Hz, 460V, 60Hz Refrigerant R410A Compressor Digital Scroll, Variable Capacity 20-100% Refrigerant Digital Scroll, Variable Capacity 20-100% Controls Liebert iCOM™ Control with large graphical display and 20 sensors for up to 10 racks Communications HTTP, SNMP, RS-485 Modbus, Modbus IP/BACnet IP, Liebert Site Scan(R) Web 4.0 DIMENSIONS Height 79 in (2000mm) Width 12 in (300mm) Depth 43 in (1100mm) LIEBERT® CRV™ ROW-BASED COOLING Backed by the Industry’s Best Service and Support yyFast and easy Installation with casters & pre-piped connections yyBoth top and bottom piping and electrical connections are standard yyNO side access required yyNationwide service through local factory trained technicians yy24-hour customer and tech support yyRemote Monitoring delivered by data center experts yyEnergy optimization services July 2, 2019 - Page 82 of 117 Rapid Deployments Everywhere You Operate Standardize your deployments around the world and bring them online faster with the Vertiv™ VR rack. The Vertiv VR supports a wide variety of equipment, including: servers, storage, switches, routers, PDUs, UPSs, console port servers and KVM switches. The Vertiv VR is delivered ready for high density environments to serve your mission critical needs — even as they evolve and change. This rack gives you the flexibility you need with easy installation. The Vertiv VR Rack offers these advantages: yyAvailable in 8 standard sizes. yyFull depth adjustability of the 19” rails. yyFrame design allow for more than 2.5” more usable depth than similar sized racks. yyDoors that have 77% perforation and can be hinged on either side. yyTool-less removable top panel has four cable entry holes allowing for up to 2000 Cat6 cables, or 60A PDU plugs. yyTwo dual purpose full height depth adjustable PDU / cable management brackets mounted in the zero U space with tool-less button mounting of rack PDUs, accessory mounting holes for tool-less cable management accessories, and integrated cable tie off positions. yy42U frame height that allows for the rack to pass through standard doors on casters. yySimple external baying, allows for metric baying or on 24” centers. yySplit side panels with single locking slam latch allows for easy single person removal / installation. Pre-Integrated Rack PDUs Save time and money by pre-integrating Vertiv Geist rPDUs with the VR Rack. Contact your local sales representative to get started. 2 VERTIV™ VR RACK High Density Cable Entry Top Panel Removable openings for cable entry — ready for front / rear cabling. Can accommodate over 2000 Cat 6 cables. Frame More usable depth compared to similar sized rack. Doors Single and split 77% perforated doors providing maximum airflow. Lift off hinges for easy removal, and field reversibility. Tool-less Cable Management Requires just inserting and twisting the tool- less accessories on 19" vertical mounting rail, or the PDU / cable management brackets. Leveling Feet Accessible from the top of the frame for easy adjustment. Integrated 19” Rail Alignment Ensures 19" rails are positioned correctly without measuring. Split Locking Side Panels For quick and easy installation and maintenance. Locks provide security. July 2, 2019 - Page 83 of 117 Complete rack includes: yySingle 77% perforated locking front door. yySplit 77% perforated locking rear doors. yy2 pair split locking side panels. yyHigh density cable entry top cover (2000 Cat 6 cables). yy2 sets of 19” EIA Rails. yy2 full height rack PDU Mounting / cable management brackets (one per side). yyLow profile casters and leveling feet. yyBaying brackets. yyBolt down brackets. yyHardware includes (50 each M6 cage nuts and screws), Cage nut installation tool, edge protection for top panel cable entry, T30 / Phillips L key, T30 extension driver. yyKeys. 3 Features FRAME Frame capable of supporting up to 3000 lbs (1360kg) Static, 2250 lbs (1022kg) Dynamic, 2000 lbs (907kg) Transport (with Shock Package). Simple external baying, allows for metric or on 24” centers and leveling feet incorporated into the frame for easy adjustment. 42U frame height that will allow access through standard doors on four swivel casters. DOOR & SIDE PANELS Single perforated front door and split rear doors with tool-less lift off hinges. Locking handles. Field reversible doors. 77% perforation exceeds IT manufacturers specifications. Split side panels with single locking slam latch. TOP PANEL Tool-less removeable top panel. Integrated hole pattern for easy installation of top panel accessories (cable management, modular busway support brackets, ladder / cable tray support brackets). Four cable entry holes allowing for up to 2000 Cat6 cables, or 60A PDU plugs. Top Panel load capacity of 150 lbs. 19” MOUNTING RAILS (2) Pair of full height 19” EIA mounting rails, accepts cage nuts, U markings on front and rear of each rail. Depth markings included on frame for easy alignment. Accessory mounting holes along rails allow for mounting of cable management fingers and tool-less accessories. Rectangular cutouts for routing cables through 800mm (31.5”) wide 19” EIA rails from front to rear or for airflow for side breathing equipment. Full depth adjustability within the usable space. PDU / CABLE MANAGEMENT BRACKETS Two dual purpose full height depth adjustable PDU / Cable Management brackets mounted in the zero U space. Button mount keyholes throughout to accommodate tool-less button mounting of rack PDUs of various heights. Accessory mounting holes allow for mounting of tool-less cable management accessories. Integrated cable tie off positions. Depth adjustable. COLOR Frame, doors, side panels, top panel, rails and PDU brackets are powder coated RAL 7021 (Black). CERTIFICATIONS EIA 310E UL2416 RoHS REACH Vertiv™ VR Complete Rack PART NUMBER U HEIGHT MM (INCHES)*WIDTH MM (INCHES)*DEPTH MM (INCHES)* VR3100 42 2000 (78.6")600 (23.6")1100 (43.3") VR3100SP 42 2000 (78.6")600 (23.6")1100 (43.3") VR3100TAA 42 2000 (78.6")600 (23.6")1100 (43.3") VR3300 42 2000 (78.6")600 (23.6")1200 (47.8") VR3300SP 42 2000 (78.6")600 (23.6")1200 (47.8") VR3300TAA 42 2000 (78.6")600 (23.6")1200 (47.8") VR3150 42 2000 (78.6")800 (31.5")1100 (43.3") VR3150SP 42 2000 (78.6")800 (31.5")1100 (43.3") VR3150TAA 42 2000 (78.6")800 (31.5")1100 (43.3") VR3350 42 2000 (78.6")800 (31.5")1200 (47.8") VR3350SP 42 2000 (78.6")800 (31.5")1200 (47.8") VR3350TAA 42 2000 (78.6")800 (31.5")1200 (47.8") VR3107 48 2265 (89.2")600 (23.6")1100 (43.3") VR3107SP 48 2265 (89.2")600 (23.6")1100 (43.3") VR3107TAA 48 2265 (89.2")600 (23.6")1100 (43.3") VR3307 48 2265 (89.2")600 (23.6")1200 (47.8") VR3307SP 48 2265 (89.2")600 (23.6")1200 (47.8") VR3307TAA 48 2265 (89.2")600 (23.6")1200 (47.8") VR3157 48 2265 (89.2")800 (31.5")1100 (43.3") VR3157SP 48 2265 (89.2")800 (31.5")1100 (43.3") VR3157TAA 48 2265 (89.2")800 (31.5")1100 (43.3") VR3357 48 2265 (89.2")800 (31.5")1200 (47.8") VR3357SP 48 2265 (89.2")800 (31.5")1200 (47.8") VR3357TAA 48 2265 (89.2")800 (31.5")1200 (47.8") *Nominal dimensions, reference submittal drawings for exact dimensions VRXXXXSP ship with 2000 lb. rated shock packaging VRXXXXTAA are TAA Compliant July 2, 2019 - Page 84 of 117 12 NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card; A Native American tribal document; In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ ___________________________ Signature Date July 2, 2019 - Page 85 of 117 13 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within twenty (20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2015, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ___________________________________ Notary Public July 2, 2019 - Page 86 of 117 9 EXHIBIT B DELIVERABLES Date 5/6/2019 Prepared for Steve Blair Town of Vail Lewan Technology 75 S. Frontage Road Vail CO 81657 Power (See Exhibit C for additional technical specifications) UPS- 3 phase eXM 100kVA 480-208/120 100kW 8 min batt with MBC, SNMP 7x24 start-up, provide and install ATS to connect customer provided back up generator 185,000$ Cooling (See Exhibit D for additional technical specifications) CRV 460V In-row cooling with chilled water supply 337,500$ Containment Furnish and install: 27,500$ Busway Starline: Dual 400 amp busway L21-30 bus-plugs 50,000$ Assembly services: 47,000$ Freight cost 13,500$ Total 138,000$ Cabinets (See Exhibit E for additional technical specifications)8 Cabinets 12 Cabinets VR3357 48Ux800mmx1200 cabinets 24,000$ 36,000$ Rack/Room Security access 13(8 cab) /17 (12 cab) locations 14,330$ 18,750$ PDUs: Switched, Outlet Monitoring, L21-30P w/(24) locking C13 and C19 40,000$ 60,000$ 12 Strand single mode fiber to each cabinet 28,000$ 42,000$ Total 106,330$ 156,750$ Estimated Project Totals 8 Cabinets 12 Cabinets Power 185,000$ 185,000$ Cooling 337,500$ 337,500$ Containment 138,000$ 138,000$ Cabinets 106,330$ 156,750$ Total 766,830$ 817,250$ Prepared by Rich Kennedy 1400 S. Colorado Blvd Denver CO 80222 P: 303-968-2379 rich.kennedy@lewan.com This proposal was prepared to accomodate solution with in-row cooling with chilled water as requested. As discussed during meeting with the Town's IT group, Lewan believes the Town may have viable option for an air cooled system given Vail's climate and the prospective size of the data center. The ultimate configuration and resulting economics for an air cooled sytem would require deeper analysis and calculation which would be contingent upon numerous variables, including elements such as room size, data center layout, building ventilation capabilities, and other construction related dynamics. With that noted, Lewan feels confidents that should the Town opt for an air cooled system, both capital costs for buiding data center and more relevantly, on -going operating costs associated with maintenance and support of data center will be less than data center design incorporating in-row cooling with chilled water. As of this date, Lewan does not have enough information to provide a decision-relevant estimate for an air-cooled design, but will commit to Vail that based upon knowledge currently known, an applicable air cooled system will be less than water cooled system. n addition, air cooled system may have effects on construction costs provided by Vail's general co ntractor with likelihood of these costs being lower, but there may be variables unknown by Lewan that affect that perspective. Based upon Lewan's current knowledge, ultimate costs for deliverables noted above will not exceed amounts provided. July 2, 2019 - Page 87 of 117 10 July 2, 2019 - Page 88 of 117 11 July 2, 2019 - Page 89 of 117 12 NO EMPLOYEE AFFIDAVIT [To be completed only if Contractor has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items: A valid Colorado driver's license or a Colorado identification card; A United States military card or a military dependent's identification card; A United States Coast Guard Merchant Mariner card; A Native American tribal document; In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Contractor’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Contractor must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ ___________________________ Signature Date July 2, 2019 - Page 90 of 117 13 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Contractor participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within twenty (20) days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2015, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ___________________________________ Notary Public July 2, 2019 - Page 91 of 117 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 : O rdinance No. 10 Series of 2019, F irst Reading, A n Ordinance Repealing and Reenacting C hapter 8 of Title 4 of the Vail Town Code, Regarding S olicitation P RE S E NT E R(S ): Matt Mire, Town A ttorney AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with modifications or deny Ordinance No.10, S eries 2019, upon first reading. B AC K G RO UND: Ordinance No.10, S eries 2019, is a housekeeping ordinance amending the Town's solicitation regulations to bring the Town C ode up to date with the current state of law regarding solicitation. S TAF F RE C O M M E ND AT I O N: Approve, approve with modifications or deny Ordinance No.10, S eries 2019, upon first reading. AT TAC H ME N TS : Description Ordinance 10 July 2, 2019 - Page 92 of 117 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX ORDINANCE NO. 10 SERIES 2019 AN ORDINANCE REPEALING AND REENACTING CHAPTER 8 OF TITLE 4 OF THE VAIL TOWN CODE, REGARDING SOLICITATION NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 8 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted to read as follows: CHAPTER 8 SOLICITATION 4-8-1: DEFINITIONS For purposes of this Chapter, the following terms shall have the following meanings: CRIMES OR ACTS OF VIOLENCE AGAINST THE PERSON: Homicide, attempted homicide, rape, attempted rape, sexual assault, assault, battery, and other similar felonies involving moral turpitude. CRIMES OR ACTS OF VIOLENCE AGAINST THE PROPERTY OF ANOTHER: Theft, burglary, breaking and entering, larceny, and other similar felonies involving moral turpitude. SOLICITATION: To enter or remain upon any private property in the Town, not having been requested or invited by the occupants thereof for the purpose of contacting said occupants to solicit the immediate or future purchase or sale of goods, services, or any other thing of value, or to solicit a gift or donation of any kind; or to occupy public property for the purpose of contacting passersby to solicit the immediate or future purchase or sale of goods, services or any other thing of value, or to solicit a gift or donation of any time; provided, however, that solicitation does not include political canvassing, political advocacy, or religious proselytizing. 4-8-2: SOLICITATION: A. Permit Required. No person may engage in solicitation in the Town without first obtaining a solicitation permit. Each permittee shall carry the solicitation permit and his or her personal identification at all times while engaging in solicitation and shall present such identification and permit upon request of any person. Permits may not be transferred from person to person. July 2, 2019 - Page 93 of 117 2 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX B. Application. Each applicant for a solicitation permit shall file with the Town Clerk an application including the following information, in addition to the application fee established by resolution of the Town Council: 1. The full name, residence address, mailing address, and telephone number of the applicant; 2. A description of the applicant, including height, weight, eye color, and hair color; 3. The number and state of issuance of any state-issued identification card issued to applicant, including a state motor vehicle operator's license or chauffeur's license; 4. A brief explanation of the nature of the merchandise to be sold or other activity requiring a solicitation permit under this Article; and 5. An authorization for the Town Clerk to conduct a background check of the applicant. C. Grounds for Denial. Unless the Town Clerk finds grounds for denial, the Town Clerk shall issue the solicitation permit within seven (7) days of receipt of a complete application. The Town Clerk may deny the application for the following reasons: 1. Failure to comply with any provision of this Code; 2. Felony convictions for crimes against the person or property of another, or institutionalizations for mental illness which caused acts of violence against the person or property of another; provided, however, that such felony convictions or institutionalizations occurred within five (5) years preceding the date of application; or 3. Convictions of any crime committed while engaged in solicitation in the Town. D. Notice and Appeal. If the Town Clerk denies the application, the Town Clerk shall notify the applicant in writing, stating the reasons for the denial, and shall mail such notice by regular United States mail to the address provided on the application. Within seven (7) days of the date of mailing such notice, the applicant may file a written request for an appeal to the Town Manager. The Town Manager shall hear and decide such appeal within thirty (30) days of receipt of the appeal request. At the appeal, the applicant shall be entitled to be heard and present evidence. The Town Manager’s decision on the appeal shall be final, subject to judicial review. E. Expiration. Each permit shall expire one (1) year from the date of issuance. July 2, 2019 - Page 94 of 117 3 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX F Revocation. If after issuance of a permit, the Town Clerk finds that any of the grounds stated in subsection (C) hereof exist, the Town Clerk shall revoke the permit and provide written notice to the permittee of such action. The permittee may appeal the Town Clerk's decision in the manner set forth in subsection (D) hereof. G. Permissible Times. Solicitation is prohibited before 8:00 a.m. or after the later of 8:00 p.m. or sunset, as announced and published by the National Weather Service daily. H. Signage. Any person may post a sign on his or her property indicating that the owners or occupants do not wish to be disturbed by solicitation. Such sign shall state, "No Trespassing," "No Solicitors," or other similar message indicating that door-to-door solicitation is not authorized, and shall not exceed two and one-half (2½) square feet in area. Such sign shall be allowed in addition to the number and types of signs permitted by Title 11 of the Vail Town Code. Solicitation at any property at which such a sign is posted is a violation of this Chapter. I. Public Streets and Rights-of-Way. No person shall conduct any solicitation on or in any public street or right-of-way in the Town, provided that this subsection shall not apply to persons selling taxicab or pedicab services or horse drawn conveyance rentals on the streets or rights-of-way in the Town where such vehicles are permitted to operate. 4-8-3: DOOR HANGERS: No person other than a Town employee shall fasten or deposit in any manner any notice, poster, or other advertising or promotional material upon private property, including personal property, without having permission to do so from the owners or occupants of such property. Permission to so fasten or deposit such materials shall be implied from the presence of an improved walkway, including a driveway, connecting such property directly to a public right-of-way, unless: 1. Access to such walkway is physically restricted by a fence, gate, or other permanent structure; or 2. A "No Trespassing" or "No Solicitors" sign or a sign conveying a similar message is posted on the property at a visible location. 4-8-4: VIOLATION AND PENALTY: It is unlawful to violate any provision of this Chapter. Violations of this Chapter shall be punished as provided in Section 1-4-1 of this Code. July 2, 2019 - Page 95 of 117 4 7/2/2019 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\31E8F16B-3364-47B7-8CDD- 56B1113E815B\VAIL GOV.12738.1.ORDINAINCE_NO_10_2019_-_SOLICITATION_-_FINAL_.DOCX Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of June 2019 and a public hearing for second reading of this Ordinance is set for the 16th day of June, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of June, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 2, 2019 - Page 96 of 117 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 : O rdinance No. 11, Series of 2019, F irst Reading, A n Ordinance Amending S ections 12-7B -18, 12-7C -14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7 H-17, 12-7I -17 of the Vail Town C ode, and A dding New S ections 12-7A-16 and 12-7J -15 to the Vail Town Code, to Clarify the P ermitted L ocation of Business A ctivities in C ommercial, B usiness and Mixed Use Z one Districts. P RE S E NT E R(S ): J onathan Spence, C ommunity development P lanner and Matt Mire, Town A ttoreny AC T IO N RE Q UE S T E D O F C O UNC IL : Approve, approve with modif ications, or deny Ordinance No. 11, S eries of 2019, upon first reading. B AC K G RO UND: T his is a request to clarif y and codif y the permitted location for business activities in the commercial, business and mixed use zone districts. T he proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than P ublic A ccommodation (PA ) and P ublic Accommodation-2 (PA-2), to further clarify the acceptable location for business activity. T his amended language is also intended to be added to the PA and PA -2 Districts where it is believed its omission is in error. S TAF F RE C O M M E ND AT I O N: On J une 24, 2019, the P lanning and Environmental Commission (P E C ) forwarded a unanimous recommendation, for approval, f or a Prescribed Regulations A mendment to amendments to Title 12, Z oning Regulations, Vail Town C ode, to clarif y the permitted location of business activities in the commercial, business and mixed use zone districts. AT TAC H ME N TS : Description Staff Memor andum Ordinance N o. 11, Series of 2019 Attachment B. Staff Memorandum, P E C18-0039, June 24, 2019 Attachment C. P E C Minutes, June 24, 2019 (in part) July 2, 2019 - Page 97 of 117 TO: Vail Town Council FROM: Community Development Department DATE: July 2, 2019 SUBJECT: First reading of Ordinance No. 11, Series of 2019, an ordinance for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) Applicant: Matt Mire, Town of Vail Planner: Jonathan Spence I. SUMM ARY This is a proposal to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. It is the intent of this proposed amendment to clarify that this type of activity is not permitted. On June 24, 2019, the Planning and Environmental Commission (PEC) forwarded a unanimous recommendation, for approval, for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts. Please find the staff memorandum to the PEC included as Attachment B and the draft minutes from the June 24th meeting included as Attachment C. II. ACTION REQUESTE D OF THE TOWN COUNCIL The Vail Town Council shall approve, approve with modif ications, or deny Ordinance No. 11, Series of 2019, upon first reading. III. DESCRIPTION OF THE REQUEST This is a request to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Accommodation (PA) and Public Accommodation-2 (PA-2), to further clarify July 2, 2019 - Page 98 of 117 Tow n of Vail Page 2 the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. IV. PROPOSED TEXT AMENDMENT Sections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17 and 12- 7I-17 are proposed to be modified as follows (new language in bold): Proposed Language: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12- XX-Z through 12-XX-Z shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. The revised language (paragraphs A and B above, in their entirety) is also proposed to be incorporated into Articles A and J (Public Accommodation (PA) and Public Accommodation-2 (PA-2) which currently do not have language concerning locations of business activity. V. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Town Council must consider before approving a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing the business community on acceptable locations for business activity. This text amendment meets the following purposes of the zoning regulations: 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential July 2, 2019 - Page 99 of 117 Tow n of Vail Page 3 community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code regarding the regulation of business activity location in recognition of its effects on the Town’s residents and guests. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: • Goal # 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan: • Goal #2: To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. • Goal #3: to recognize as a top priority the enhancement of the walking experience throughout the Village Staff finds this criterion to be met. 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a need to further clarify the existing regulation in light of recent business activity. The amendment builds upon the existing regulation, providing the business community with a clear understanding of acceptable locations for business activity. Staff finds this criterion to be met. July 2, 2019 - Page 100 of 117 Tow n of Vail Page 4 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides a clear understanding of acceptable locations for business activity providing a workable relationship between business operations and the enjoyment of our residents and guests within the commercial and mixed use areas of the community. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VI. RECOMMENDED MOTION Should the Vail Town Council choose to approve Ordinance No.11, Series of 2019, upon first reading, the Community Development Department recommends the Council pass the f ollowing motion: “The Vail Town Council approves, on first reading, Ordinance No. 11, Series of 2019, an ordinance for a Prescribed Regulations Amendment to amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto” Should the Vail Town Council choose to approve Ordinance No. 11, Series of 2019, the Community Development Department recommends the Council m ake the following findings: “Based upon the review of the criteria outlined in Sections VIII of the Staff memorandum to the Planning and Environmental Commission dated June 24, 2019 and the evidence and testimony presented, the Vail Town Council finds: 1. That the amendments are consistent with the adopted goals, objectives and policies outlined in the Vail comprehensive plan and compatible with the development objectives of the town; 2. That the amendments are compatible w ith and suitable to adjacent uses and appropriate for the surrounding areas; and, 3. That the amendments promote the health, safety, morals, and general welfare of the town and promote the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest July 2, 2019 - Page 101 of 117 Tow n of Vail Page 5 quality.” VII. ATT ACHMENTS A. Ordinance No. 11, Series of 2019 B. Staff Memorandum, PEC19-0021, June 24, 2019 C. PEC Minutes, June 24, 2019 (in part) July 2, 2019 - Page 102 of 117 ORDINANCE NO. 11 SERIES 2019 AN ORDINANCE AMENDING SECTIONS 12-7B-18, 12-7C-14, 12-7D- 11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17, 12-7I-17 OF THE VAIL TOWN CODE, AND ADDING NEW SECTIONS 12-7A-16 AND 12-7J-15 TO THE VAIL TOWN CODE, TO CLARIFY THE PERMITTED LOCATION OF BUSINESS ACTIVITIES IN COMMERCIAL, BUSINESS AND MIXED USE ZONE DISTRICTS NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-7B-18 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7B-18: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12-7B-2 through 12-7B-5 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 2. Section 12-7C-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7C-14: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted by Section 12-7C-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 103 of 117 B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 3. Section 12-7D-11 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7D-11: LOCATION OF BUSINESS ACTIVITY: A. Limitation; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 4. Section 12-7E-13 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7E-13: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. 2 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 104 of 117 Section 5. Section 12-7F-14 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 2-7F-14: LOCATION OF BUSINESS ACTIVITY: All permitted and conditional uses shall be operated and conducted entirely within a building, except for permitted loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. Section 6. Section 12-7G-12 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7G-12: LOCATION OF BUSINESS ACTIVITY: All offices, businesses, and services permitted by Section 12-7G-3 shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas and such other activities as may be specifically authorized to be unenclosed by a conditional use permit. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. Section 7. Section 12-7H-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7H-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted in the LMU-1 zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. 3 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 105 of 117 Section 8. Section 12-7I-17 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: 12-7I-17: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All offices, businesses and services permitted in the LMU-2 zone district shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, the outdoor display of goods, or outdoor restaurant seating. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 9. Article A of Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of the following new Section 12-7A-16: 12-7A-16: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 10. Article J of Chapter 7 of Title 12 of the Vail Town Code is hereby amended by the addition of the following new Section 12-7J-15: 12-7J-15: LOCATION OF BUSINESS ACTIVITY: A. Limitations; Exception: All permitted and conditional uses shall be operated and conducted entirely within a building except for permitted 4 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 106 of 117 parking and loading areas and such activities as may be specifically authorized to be unenclosed by a conditional use permit and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. Section 11. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 12. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 13. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of July, 2019 and a public hearing for second reading of this Ordinance is set for the 16th day of July, 2019, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 5 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 107 of 117 READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 16th day of July, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk 6 6/26/2019 S:\COMMUNITY DEVELOPMENT\BOARDS\TOWN COUNCIL\ORDINANCES\19\ORDINANCE NO. 11, SERIES 2019, LOCATION OF BUSINESS ACTIVITY.DOCX July 2, 2019 - Page 108 of 117 TO: Planning and Environmental Commission FROM: Community Development Department DATE: June 24, 2019 SUBJECT: A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) Applicant: Matt Mire, Town of Vail Planner: Jonathan Spence I. SUMMARY This is a proposal to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. It is the intent of this proposed amendment to clarify that this type of activity is not permitted. Based upon staff’s review of the criteria outlined in Section VI of this memorandum and the evidence and testimony presented, the Community Development Department recommends the Planning and Environmental Commission forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulations Amendment. II. DESCRIPTION OF REQUEST This is a request for a recommendation to the Vail Town Council to clarify and codify the permitted location for business activities in the commercial, business and mixed use zone districts. The proposed amendment will add language to the existing regulations in all commercial, business and mixed use zone districts, other than Public Accommodation (PA) and Public Accommodation-2 (PA-2), to further clarify the acceptable location for business activity. This amended language is also intended to be added to the PA and PA-2 Districts where it is believed its omission is in error. Please see Section V of the report for the existing and proposed language. July 2, 2019 - Page 109 of 117 Town of Vail Page 2 III. BACKGROUND Since the adoption of the first comprehensive zoning regulations in the Town of Vail in 1973, the Town has restricted business activity to be operated and conducted entirely within a building with the exception of permitted unenclosed parking and loading areas or the outdoor display of goods. This restriction has a significant beneficial effect on the community character within the commercial, business and mixed use areas by prohibiting business activity inconsistent with the Vail Brand. These prohibited activities include vending, hawking and the solicitation of sales. The Town of Vail permits types of business activity that is traditionally not conducted within a building through the Special Events process. With the exception of the Public Accommodation (PA) and Public Accommodation-2 (PA- 2) zone districts, all commercial, business and mixed use zone districts have identical language concerning the location of business activity. It is believed that the omission in the PA and PA-2 Districts is in error. The Town of Vail has experienced an increase in the practice of business operators soliciting potential customers who are not located on premise. While the Town Attorney believes existing regulations address this, it is the intent of this proposed amendment to further clarify that this type of activity is not permitted. IV. APPLICABLE PLANNING DOCUMENTS Title 12 – Zoning Regulations, Vail Town Code Section 3-7 Amendment (in part) A. Prescription: The regulations prescribed in this title and the boundaries of the zone districts shown on the official zoning map may be amended, or repealed by the town council in accordance with the procedures prescribed in this chapter. B. Initiation: 1. An amendment of the regulations of this title or a change in zone district boundaries may be initiated by the town council on its own motion, by the planning and environmental commission on its own motion, by petition of any resident or property owner in the town, or by the administrator. 2. A petition for amendment of the regulations or a change in zone district boundaries shall be filed on a form to be prescribed by the administrator. The petition shall include a summary of the proposed revision of the regulations, or a complete description of proposed changes in zone district boundaries and a map indicating the existing and proposed zone district boundaries. If the petition is for a change in zone district boundaries, the petition shall include a list of the owners of all properties within the boundaries of the area to be rezoned or changed, and the property adjacent thereto. The owners' list shall include the names of all owners, their mailing and street addresses, and the legal description of the July 2, 2019 - Page 110 of 117 Town of Vail Page 3 property owned by each. Accompanying the list shall be stamped, addressed envelopes to each owner to be used for the mailing of the notice of hearing. The petition also shall include such additional information as prescribed by the administrator. V. PROPOSED TEXT AMENDMENT Sections 12-7B-18, 12-7C-14, 12-7D-11, 12-7E-13, 12-7F-14, 12-7G-12, 12-7H-17 and 12-7I-17 are proposed to be modified as follows (new language in bold): Proposed Language: A. Limitations; Exception: All offices, businesses, and services permitted by Sections 12-XX-Z through 12-XX-Z shall be operated and conducted entirely within a building, except for permitted unenclosed parking or loading areas, and the outdoor display of goods. For purposes of this Section, "conducted entirely within a building" means that all activities related to the permitted use, including contacting potential customers and clients, must occur completely inside of a building, and not in an open doorway of the building. B. Outdoor Displays: The area to be used for an outdoor display shall be located directly in front of the establishment displaying the goods and entirely upon the establishment's own property. Sidewalks, building entrances and exits, driveways and streets shall not be obstructed by outdoor displays. The revised language (paragraphs A and B above) are also proposed to be incorporated into Articles A and J (Public Accommodation (PA) and Public Accommodation-2 (PA-2) which currently do not have language concerning locations of business activity. VI. REVIEW CRITERIA Section 12-3-7(C)(2) of the Zoning Regulations identifies the criteria that the Planning and Environmental Commission must consider before making a recommendation for a change to the text of the code. These criteria include the following: 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The proposed text amendment furthers the general and specific purposes of the zoning regulations by clearly informing the business community on acceptable locations for business activity. This text amendment meets the following purposes of the zoning regulations: July 2, 2019 - Page 111 of 117 Town of Vail Page 4 12-1-2 A General: These regulations are enacted for the purpose of promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and residential community of high quality. 12-1-2 B 5. To conserve and maintain established community qualities and economic values. 6. To encourage a harmonious, convenient, workable relationship among land uses, consistent with municipal development objectives. Staff finds this criterion to be met. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment is compatible with the development objectives of the town. This change will establish clear and consistent language in the Vail Town Code regarding the regulation of business activity location in recognition of its effects on the Town’s residents and guests. The following are relevant goals of the Town’s Comprehensive Plan: Vail Land Use Plan: • Goal # 4.3. The ambiance of the Village is important to the identity of Vail and should be preserved. (Scale, alpine character, small town feeling, mountains, natural settings, intimate size, cosmopolitan feeling, environmental quality.) Vail Village Master Plan: • Goal #2: To foster a strong tourist industry and promote year-round economic health and viability for the Village and for the community as a whole. • Goal #3: to recognize as a top priority the enhancement of the walking experience throughout the Village Staff finds this criterion to be met. July 2, 2019 - Page 112 of 117 Town of Vail Page 5 3. The extent to which the text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The amendment is in response to a need to further clarify the existing regulation in light of recent business activity. The amendment builds upon the existing regulation, providing the business community with a clear understanding of acceptable locations for business activity. Staff finds this criterion to be met. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and The proposed text amendment provides a clear understanding of acceptable locations for business activity providing a workable relationship between business operations and the enjoyment of our residents and guests within the commercial and mixed use areas of the community. As a result, staff finds this criterion to be met. 5. Such other factors and criteria the planning and environmental commission and/or council deem applicable to the proposed text amendment. VII. STAFF RECOMMENDATION Based upon the analysis of the review criteria contained in Section VI of this memorandum and on the evidence and testimony presented, the Community Development Department recommends that the Planning and Environmental Commission make a recommendation to the Vail Town Council to approve the proposed amendments, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19-0021) If the Planning and Environmental Commission chooses to recommend approval of the proposed text amendment, the Community Development Department recommends the following motion: “The Planning and Environmental Commission forwards a recommendation of approval to the Vail Town Council for Prescribed Regulations Amendment pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto.” July 2, 2019 - Page 113 of 117 Town of Vail Page 6 Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed Prescribed Regulation Amendment, the Community Development Department recommends the Commission makes the following findings: "Based upon the review of the criteria outlined in Section VI of the Community Development Department memorandum dated June 24, 2019 and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and 2. That the amendment furthers the general and specific purposes of the zoning regulations; and 3. That the amendment promotes the health, safety, morals, and general welfare of the town and promotes the coordinated and harmonious development of the town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. July 2, 2019 - Page 114 of 117 PLANNING AND ENVIRONMENTAL COMMISSION June 24, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Present: Pam Hopkins, Brian Stockmar, Brian Gillette, Rollie Kjesbo, John-Ryan Lockman, Ludwig Kurz Absent: Karen Perez 2. Site Visits 2.1. 4214 Columbine Way, Unit 6 - Moore Residence 2.2. 3700 North Frontage Road East - Booth Heights Neighborhood 3. Main Agenda 3.3. A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for prescribed regulations amendments to Title 12, Zoning Regulations, Vail Town Code, to clarify the permitted location of business activities in the commercial, business and mixed use zone districts, and setting forth details in regard thereto. (PEC19- 0021) 15 min. Applicant: Town of Vail Planner: Jonathan Spence Motion: Recommend Approval First: Kurz Second: Lockman Vote: 6-0-0 Planner Spence introduced by explaining that the Town Council reached out to the town Attorney (Mire) for this proposal. His proposal is in front of the PEC now. The town does not allow for solicitation or “hawking” outside of retail businesses. The town currently prohibits this in the code, but this proposal strengthens this provision by preventing this form of solicitation from happening within a business doorway. This also addresses a perceived oversight in two mixed use districts by adding language present in other commercial zone regulations. Lockman: Asked a question about the nature of the problem. Spence explained by using an existing beauty shop as an example. Kurz: How will this be enforced? July 2, 2019 - Page 115 of 117 Spence: Explained how staff reaches out to code enforcement, issues a warning, and will later issue a fine if compliance is not reached. Public Comment: None July 2, 2019 - Page 116 of 117 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 : Adjournment (est. 7:20 p.m.) July 2, 2019 - Page 117 of 117