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HomeMy WebLinkAbout2019-09-17 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TOW N COUNCIL REGULAR MEETING Evening Agenda Town Council Chambers 6:00 PM, September 17, 2019 Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep comments to three minutes; time limits established are to provide efficiency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Proclamations (5 min.) 2.1.Proclamation No. 7, Series of 2019, Library Card Sign-Up Month Presenter(s): Dave Chapin, Mayor 2.2.Proclamation No. 9, Series of 2019, National Roundabouts Week September 16-20, 2019 Presenter(s): Dave Chapin, Mayor, Tom Kassmel and Susie Hervert, Public Works 3.Consent Agenda (5 min.) 3.1.Appointment of Regular Municipal Election Judges 4.DRB PEC Update (5 min.) 4.1.DRB / PEC Update Presenter(s): Chris Neubecker, Planning Manager 5.Town Manager Report 6.Action Items 6.1.Agreements for Funding and Programming of the Guest Experience Initiatives 5 min. Presenter(s): Patty McKenny, Acting Town Manager, Mia Vlaar, Economic Development Director Action Requested of Council: Approval of funding for guest experience initiative programming with two agreements. September 17, 2019 - Page 1 of 77 Background: The Town Council is asked to approve the attached agreements for funding with 1) Ren Productions, and 2) Vail Chamber and Business Association, so that further planning and implementation can be done related to the Thanksgiving week activation and employee engagement programming. The planning committee for the Town of Vail and Vail Mountain Guest Experience Initiatives has made a great deal of progress related to the “Thanksgiving Reimagined” activation and employee engagement programming. The attached agreements for funding with Ren Productions, chosen by CSE to serve as the event producer, and Vail Chamber and Business Association (VCBA), chosen to assist with engagement, outlines the arrangement for services related to this programming. In order to move to the next stages of the planning and production, staff requests approval of the attached agreements. 7.Public Hearings 7.1.Ordinance No. 12, Series of 2019, Second Reading, An Ordinance Amending Section 5-14-8 of the Vail Town Code Regarding Stream Tract Protection and Related Violations and Penalties 5 min. Presenter(s): Pete Wadden, Watershed Education Coordinator Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon first reading Background: Following an update on the status of town-owned stream tract along Gore Creek and several of its tributaries on August 6, Town Council determined that more stringent and defined penalties should be put in place to bring properties remaining in violation into compliance. The town attorney was directed to make changes to town code increasing the fines for trespass on the publically-owned designated stream tract property. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon first reading 8.Information Update (5 min.) 8.1.Update on Flashing LED Stop Signs & Rapid Flashing Beacon Pedestrian Crossing Signs 8.2.August 5, 2019 AIPP Meeting Minutes 8.3.VLHA Meeting Results August 13, 2019 & August 27, 2019 9.Executive Session 9.1.Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Recreuitment and Interview Process Presenter(s): Matt Mire, Town Attorney 10.Adjournment 10.1.Adjournment at 9:30 pm (estimate) September 17, 2019 - Page 2 of 77 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Access Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Access Media website the week following meeting day, www.highfivemedia.org. Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. September 17, 2019 - Page 3 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 7, Series of 2019, Library Card Sign-Up Month PRESENTER(S): Dave Chapin, Mayor ATTACHMENTS: Description Proclamation No. 7, Series of 2019 September 17, 2019 - Page 4 of 77 PROCLAMATION NO. 7, SERIES OF 2019 Library Card Sign-up Month WHEREAS, a library card is the most important school supply of all; WHEREAS, signing up for a library card is the first step towards academic achievement and lifelong learning; WHEREAS, libraries play an important role in the education and development of children; WHEREAS, library programs serve students of all ages, from early literacy to homework help to GED classes; WHEREAS, librarians lead the way in creating inclusive spaces and developing diverse collections for children and people of all backgrounds to connect and learn together; WHEREAS, libraries bridge the digital divide by providing a full range of information and services to children and adult learners; WHEREAS, libraries continue to transform and expand their services in ways that meet the needs of the communities they serve, WHEREAS, libraries open a world of infinite possibilities through resources and services to help people pursue their passions and give students the tools to succeed in school and beyond; and WHEREAS, libraries promote equity, making digital technology and information equally accessible to all. NOW, THEREFORE, the Mayor and Vail Town Council do hereby proclaim our support and proclaim September National Library Card Sign-up Month in Vail, CO, and encourage everyone to sign up for their own library card today. Dated this 17th day of September 2019. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk September 17, 2019 - Page 5 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Proclamation No. 9, Series of 2019, National Roundabouts Week September 16- 20, 2019 PRESENTER(S): Dave Chapin, Mayor, Tom Kassmel and Susie Hervert, Public Works ATTACHMENTS: Description Proclamation No. 9, Series of 2019 September 17, 2019 - Page 6 of 77 PROCLAMATION NO. 9, SERIES OF 2019 NATIONAL ROUNDABOUTS WEEK SEPTEMBER 16-20, 2019 WHEREAS, Vail is known around the world for its forward-thinking initiatives; and while there are many examples of Vail’s innovation, we take great pride in being known for pioneering the roundabout movement in the U.S., thanks to our town government’s visionary leadership; WHEREAS, in the 1990s, town engineers, led by our current Public Works Director, Greg Hall, introduced the revolutionary concept of roundabouts to address long delays at the 4-way stop at Main Vail, sometimes lasting 30 or more minutes. While traffic lights were the most obvious congestion remedy, community members dismissed the lights as too urban and out of character; WHEREAS, while roundabouts were little known in the United States at the time, the Vail Town Council took a leap of faith to approve construction despite much skepticism from the community, including filmmaker Warren Miller; WHEREAS, when the roundabouts at the Town Center interchange opened in 1995, they became the first roundabouts of their kind in the United States and one of the few built at 8,000 feet elevation. More importantly, THEY WORKED, causing the good-humored Warren Miller to “eat crow”; WHEREAS, following the success of Vail’s first roundabout project, the community enthusiastically endorsed roundabouts as the traffic solution for West Vail with construction completed in 1997; WHEREAS, since that time, roundabouts have become an accepted engineering solution in the U.S.; today, there are more than 4,000 modern roundabouts in this country, including Vail’s newest innovative installations of compact roundabouts at the Sandstone underpass; WHEREAS, modern roundabouts reduce severe crashes by approximately 80 percent compared to traditional two-way stop-controlled intersections, causing the Federal Highway Administration to encourage transportation agencies to consider roundabouts during new construction and reconstruction projects, as well as for existing intersections that have been identified as needing safety or operational improvements; WHEREAS, each year the Federal Highway Administrations celebrates National Roundabouts Week during the third week in September, and recognizes Vail for its pioneering achievements; September 17, 2019 - Page 7 of 77 NOW THEREFORE, in honor of Vail’s legacy of innovation and risk-taking, the Vail Town Council joins the Federal Highway Administration in declaring Monday, September 16 to Friday, September 20, 2019, as National Roundabouts Week. Dated this 17th day of September, 2019. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk September 17, 2019 - Page 8 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Appointment of Regular Municipal Election Judges ATTACHMENTS: Description Appointment of Regular Municipal Election Judges September 17, 2019 - Page 9 of 77 To: Vail Town Council From: Tammy Nagel, Town Clerk and Election Official Date: September 17, 2019 Subject: Appointment of Regular Municipal Election Judges The Municipal Election Code states the governing body shall appoint the judges of election (C.R.S. §31-10-401). Please review the Town Clerk’s list of eight suggestions for prospective appointees as election judges (both at-the-poll and absentee judges) for the Regular Municipal Election to be held Tuesday, November 5, 2019, all of whom are registered electors: Holiday Cole Vi Brown 2084 Zermatt Lane, Unit C 2556 Cortina Lane Vail, CO. 81657 Vail, CO. 81657 Summer Holm Carol McKown 1858 West Gore Creek Drive 2092 Zermatt Lane, #D Vail, CO. 81657 Vail, CO. 81657 Mary Ann Best Earl Best 115 Lupine Lane 115 Lupine Lane Leadville, CO. 80461 Leadville, CO. 80461 Pam Brandmeyer Matthew VanEyll 0633 Lariat Loop 37 Cut Throat Loop Edwards, CO. 81632 Gypsum, CO. 81637 We plan to also enlist the help and assistance of the following town staff to assist with any and all aspects of the election as well: Stephanie Bibbens Katherine Schmidt Deputy Clerk/Legal Assistant Eagle River Water and Sanitation Jane Harelson Finance – Parking Sales We request your approval of this list to serve as election judges for the upcoming November election. Thank you for your consideration. September 17, 2019 - Page 10 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: DRB / PEC Update PRESENTER(S): Chris Neubecker, Planning Manager ATTACHMENTS: Description September 4, 2019 DRB Meeting Results September 9, 2019 PEC Meeting Results September 17, 2019 - Page 11 of 77 DESIGN REVIEW BOARD September 4, 2019, 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Peter Cope, David Campbell, Doug Cahill, Kit Austin Absent: John Rediker 2.Project Orientation 2.1.2:00 PM 3.Site Visits 3.1.DRB19-0382 - 925 Fairway Drive 4.Main Agenda 4.1.DRB19-0410 - S & J Operating Co ICG Inc. Final review of an exterior alteration (siding/decks/windows) Address/Legal Description: 1170 Casolar del Norte Drive Unit A/Lot 8, Casolar Vail Applicant: S & J Operating Co ICG Inc., represented by Camens Architectural Group Planner: Chris Neubecker 1. All windows that are not replaced shall be painted to match the color of the new windows. David Campbell moved to approve with conditions. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker 4.2.DRB19-0423 - Piper Residence Final review of an addition Address/Legal Description: 3245 Katsos Ranch Road/Lot 8B, Block 1, Vail Village Filing 12 Applicant: Duane & Carolyn Piper, represented by Berglund Architects Planner: Erik Gates David Campbell moved to approve. Peter Cope seconded the motion and it passed (4-0). September 17, 2019 - Page 12 of 77 Absent:(1)Rediker 4.3.DRB19-0426 - Aspen Tree Condominiums Final review of an exterior alteration (decking) Address/Legal Description: 931 Red Sandstone Road/Aspen Tree Condominiums Applicant: Aspen Tree Condominiums, represented by Renovations Plus Planner: Erik Gates staff approved 4.4.DRB19-0449 - Allie's Cabin LLC Final review of an exterior alteration (window/fireplace/siding/deck) Address/Legal Description: 1170 Casolar del Norte Drive Unit B/Lot 8, Casolar Vail Applicant: Allie's Cabin LLC, represented by Camens Architectural Group Planner: Chris Neubecker David Campbell moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker 4.5.DRB19-0382 - Vail Fairway LLC Final review of an exterior alteration (pool/landscaping) Address/Legal Description: 925 Fairway Drive/Lot 1, Vail Village Filing 10 Applicant: Vail Fairway LLC, represented by Ceres+ Planner: Chris Neubecker David Campbell moved to table to September 18, 2019. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker 5.Staff Approvals 5.1.B19-0329 - Stampp Residence Final review of an exterior alteration (reroof) Address/Legal Description: 2004 Chamonix Lane/Lot 38, Buffehr Creek Resubdivision Applicant: Richard Stampp Planner: Glen Morgan 5.2.B19-0338 - Greenwald Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1803 Shasta Place Unit B/Lot 16, Vail Village West Filing 2 Applicant: Julia Robbings & Daniel Greenwald, represented by Sunlight Roofing Inc. Planner: Glen Morgan September 17, 2019 - Page 13 of 77 5.3.B19-0344 - O'Brien Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1845 West Gore Creek Drive/Lot 21, Vail Village West Filing 2 Applicant: J.P. O'Brien, represented by Middleton Inc. Planner: Jonathan Spence 5.4.B19-0353 - Scheidegger Residence Final review of an exterior alteration (roof repair) Address/Legal Description: 2436 Chamonix Lane/Lot10, Block B, Vail Das Schone Filing 1 Applicant: Karin Scheidegger Planner: Glen Morgan 5.5.DRB19-0248 - McDonald's Final review of a sign Address/Legal Description: 2171 North Frontage Road West/Lot 2B, Vail Das Schone Filing 3 Applicant: McDonald's Real Estate Co., represented by Site Enhancement Services Planner: Jonathan Spence 5.6.DRB19-0269 - Vail Chalet 4595 LLC Final review of an exterior alteration (windows/doors) Address/Legal Description: 4595 Bighorn Road Unit A-W /Lot 3-5, Block 1, Bighorn Subdivision 3rd Addition Applicant: Vail Chalet 4595 LLC, represented by Renewal by Andersen Planner: Chris Neubecker 5.7.DRB19-0389 - SSCS LLC Final review of a change to approved plans (driveway) Address/Legal Description: 4425 Glen Falls Lane/Lot 2, Forest Glen Subdivision Applicant: SSCS LLC, represented by Cohen Construction Inc. Planner: Chris Neubecker 5.8.DRB19-0403 - Apollo Park Residences Final review of an exterior alteration (re-roof) Address/Legal Description: 442 South Frontage Road East / Tract D, Vail Village Filing 5 Applicant: Apollo Park, represented by G & G Roofing Planner: Erik Gates 5.9.DRB19-0408 - Pitkin Creek Park Final review of a tree removal Address/Legal Description: 4011 Bighorn Road/Pitkin Creek Park Phase III Applicant: Pitkin Creek Park, represented by Brush Creek Landscaping Planner: Jonathan Spence September 17, 2019 - Page 14 of 77 5.10.DRB19-0412 - Egli Residence Final review of a change to approved plans (flue/window trim/handrail) Address/Legal Description: 4141 Spruce Way/Lot 8, Block 9, Bighorn Subdivision 3rd Addition Applicant: Roger Egli, represented by Intention Architecture Planner: Chris Neubecker 5.11.DRB19-0413 - Vail Ptarmigan LLC Final review of a change to approved plans (pool/spa) Address/Legal Description: 1067 Ptarmigan Road/Lot 3, Block 5, Vail Village Filing 7-Vail Village Filing 10 Applicant: Vail Ptarmigan LLC, represented by Ceres+ Planner: Erik Gates 5.12.DRB19-0414 - Reidy Residence Final review of a tree removal Address/Legal Description: 4284 Columbine Drive Unit A/Parcel A, Bighorn Subdivision Applicant: Kevin Reidy, represented by SGS Ventures Planner: Jonathan Spence 5.13.DRB19-0420 - Medley Residence Final review of a change to approved plans (landscaping) Address/Legal Description: 4444 Streamside Circle West Unit A/Lot 11, Bighorn Subdivision 4th Addition Applicant: Mark Medley, represented by Sharron Dorward Planner: Chris Neubecker 5.14.DRB19-0424 - Boukather Residence Final review of a tree removal application Address/Legal Description: 2892 Kinnikinnick Road Unit C / Lot 2, Innsbruck Meadows Applicant: Danean Boukather Planner: Ashley Clark 5.15.DRB19-0425 - Colorado Partial LLC Residence Final review of an addition (attic) Address/Legal Description: 1825 Sunburst Drive / Lot 4, Vail Valley 3rd Filing Applicant: Colorado Partial LLC, represented by J+A Architecture Planner: Chris Neubecker 5.16.DRB19-0429 - Colorado Land Ventures LP Final review of an exterior alteration (vent) Address/Legal Description: 1 Vail Road Unit 1023/Lot A-C, Vail Village Filing 2 Applicant: Colorado Land Ventures LP, represented by Benchmark Custom Builders, Inc. September 17, 2019 - Page 15 of 77 Planner: Erik Gates 5.17.DRB19-0430 - Smith Residence Final review of an addition Address/Legal Description: 895 Red Sandstone Circle Unit A/Lot 2, Vail Village Filing 9 Applicant: Peter Smith, represented by Krueger Architecture Planner: Jonathan Spence 5.18.DRB19-0431 - Wolf Investments Residence Final review of an addition (loft) Address/Legal Description: 1476 Westhaven Drive, Unit 15 (Cold Stream Condominiums) / Lot 52, Glen Lyon Subdivision Applicant: Wolf Investments LLC, represented by SRE Building Associates Planner: Jonathan Spence 5.19.DRB19-0435 - Vannelli Residence Final review of a tree removal Address/Legal Description: 4416 Columbine Drive/Lot 3, Block 1, Bighorn Subdivision 3rd Addition Applicant: Steven Vannelli, represented by Old Growth Tree Service Planner: Jonathan Spence 5.20.DRB19-0436 - Cortina LLC Final review of a tree removal Address/Legal Description: 2572 Cortina Lane/Lot 3, Block F, Vail Das Schone Filing 1 Applicant: Cortina LLC, represented by Old Growth Tree Service Planner: Jonathan Spence 5.21.DRB19-0437 - Brooktree Townhouses Final review of a change to approved plans (Juliette balconies) Address/Legal Description: 980 Vail View Drive/Lot B5, Block B, Lion's Ridge Subdivision Filing 1 Applicant: Brooktree Townhouses, represented by Pierce Architects Planner: Chris Neubecker 5.22.DRB19-0438 - Chamonix Chalets Final review of a change to approved plans (roof) Address/Legal Description: 2480 Chamonix Lane/lot 1, Block B, Vail Das Schone Filing 1 Applicant: Chamonix Chalets Planner: Jonathan Spence 5.23.DRB19-0441 - Arosa Partners LLC Final review of an exterior alteration (repaint) Address/Legal Description: 2610 Arosa Drive/Lot 3, Block D, Vail Ridge Subdivision September 17, 2019 - Page 16 of 77 Applicant: Arosa Partners LLC Planner: Ashley Clark 5.24.DRB19-0442 - Hagedorn Residence Final review of a change to approved plans (repaint) Address/Legal Description: 2658 Arosa Drive/Lot 3, Block D, Vail Ridge Subdivision Applicant: Brad Hagedorn Planner: Ashley Clark 5.25.DRB19-0446 - Prima Partners LLC Final review of a change to approved plans (stone veneer) Address/Legal Description: 285 Forest Road/Lot 20, Block 7, Vail Village Filing 7 Applicant: Prima Partners LLC, represented by Shepherd Resources Inc. Planner: Jonathan Spence 5.26.DRB19-0450 - Aasland Residence Final review of a tree removal Address/Legal Description: 2527 Arosa Drive / Lot 3, Block D, Vail Das Schone Filing 1 Applicant: Galen Aasland Planner: Jonathan Spence 5.27.DRB19-0456 - Paiko Trust Final review of an exterior alteration (AC unit) Address/Legal Description: 424 Forest Road/Lot 4, Block 1, Vail Village Filing 3 Applicant: Paiko Trust, represented by Judge Associates Inc. Planner: Chris Neubecker 5.28.DRB19-0457 - Red Sandstone Elementary Final review of an exterior alteration (landscaping) Address/Legal Description: 551 North Frontage Road West/Lot 8, Block 2, Vail Potato Patch Filing 1 Applicant: Eagle County School District RE-50J, represented by TAB Associates Planner: Chris Neubecker The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town Council Chambers. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Design Review Board will consider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. September 17, 2019 - Page 17 of 77 PLANNING AND ENVIRONMENTAL COMMISSION September 9, 2019, 1:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Brian Stockmar, Brian Gillette, Rollie Kjesbo, John Ryan Lockman, Ludwig Kurz, Karen Perez Absent: Pam Hopkins 2.Main Agenda 2.1.A request for a recommendation to the Vail Town Council, pursuant to Section 12-3-7, Amendment, Vail Town Code, for an update to the Vail Land Use Plan, specifically the Chamonix Master Plan and the Chamonix Land Use Category and setting forth details in regard thereto. (PEC19-0040) 30 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Planner Spence introduced the application. He provided some background on the project as a whole. There are six applications that will result in meeting the Town’s Council’s objective, which is to sell this piece of land to allow for future development. He described the location of the lot behind the West Vail Fire Station, adjacent to the Chamonix Development. Spence explained the order of the applications, which is important to allow for each subsequent application. Three applications are presented today, and other applications will follow. First application is the Chamonix Master Plan. Some elements of the proposal require changes to the Master Plan before moving forward. Spence described that the second application is a variance to development prohibited on slopes over 40%. A rezoning can’t be approved without the variance. Third item is the rezoning. Part of the proposed lot is currently zoned Housing (H), and another portion is zoned General Use (GU). Stockmar asked about the future use of the small triangle piece, and if the Fire Department would ever need this site. Spence – Yes, Fire Station staff have determined they do not need this site. Gillette asked if this is the site that the ambulance district was looking to use. There was general discussion about the ambulance district, and there past consideration for land needs in Vail. Spence described the other applications pending, including the future subdivision, and an amendment to the Development Plan. The Development Plan will include development standards, but does not include detailed design elements at this time. Also, a Conditional Use Permit will be proposed September 17, 2019 - Page 18 of 77 in near future. These applications will prepare the site for future development of the vacant site. Perez – Are you asking us to review all six applications? Spence – These first three applications, in order, can stand on their own. Perez – I’m uncomfortable approving a plan that we have only this morning seen the language. Spence – Apologized for the upload error in the PEC packet. Gillette – Has Town Council already approved this? Is this just a formality for us to review? Spence – No, its not just formality. PEC plays an important role in reviewing these applications. The first application is an amendment to the Chamonix Master Plan and Vail Land Use Plan. The Master Plan was premised on 100% deed restrict housing on this site. But the Vail Town Code allows a portion of sites in the Housing zone district to be built as market rate, unrestricted dwelling units. As proposed, an additional use would be allowed, dwelling units, as allowed in the Housing zone district. Spence described that master plans are not regulatory, but staff supports amending the master plan before moving forward with other applications, so that applications are consistent with the master plan. Staff is proposing to amend the language to allow developments that are consistent with the Housing zone district. Lockman – Why was this not done this way originally? Why not originally write it to be consistent with Housing district? Spence – The master plan was largely a visioning document when first written. There is some disconnect between regulatory and master plan documents. He described the difference between this master plan, and others, such as Vail Village Master Plan, or Lionshead Redevelopment Master Plan. Perez – Online version of packet is still not uploaded. Do you have concerns that this was not available to the public, and was this properly noticed? Neubecker – The online version is now correct. I’m looking at it now. Spence – Proper public notice was posted. The documents do not need to be noticed or posted by any specific time. Perez – I see it is now uploaded, but it was not there an hour ago. Stockmar asked about state law for public notice. Spence – Those notice requirements have been met. Stockmar suggested that staff present all the applications at one time, since they are all linked together. Lockman – Why are other elements of the Chamonix Master Plan not being September 17, 2019 - Page 19 of 77 addressed at this time? Are they not relevant to this project, or not impacted, such as AMI requirements? Gillette – If we do this, but don’t have to, you lose the ability to learn from your mistakes. If we wipe it out, we would not know what’s been done in the past. Stockmar – Laws and plans are often updated, but they do not change the historical documents, which will still be accessible. Laws and plans are amended all the time, as long as we still have access to what was amended. Spence – For example, the master plan specifically states that all development shall be 100% deed restricted housing. Staff would have a hard time supporting an application that didn’t include 100% deed restricted housing, which is one reason we support this change before moving forward with other applications. Kjesbo – Was it always contemplated that this would be broken off for development? Spence – It was discussed, an idea that was thought of. Kurz – Mr. Kjesbo is correct, it was more than a discussion on the periphery when this was originally going through review. Stockmar asked for public comment Neal Shubert, 2345 Lower Traverse Way – Concerns about how our property (Chamonix HOA land) is involved in making this happen. Are we giving up and land to make this happen? Spence explained that the Chamonix HOA president has provided written approval of this application. He explained how the individual unit parcels were subdivided in the past, via a townhome plat. This site is not part of the HOA. Its part of the Chamonix development site, by Town Code applications require HOA approval to submit the application. Formation and operation of the HOA are civil matters. Stockmar – Please remind me of how the townhomes and land around it are owned. Spence explained the ownership format of the townhomes, HOA land, and the future development site. The townhome plat reserved this site for future development, but this site is not subject to the HOA. Gillette asked if the HOA president signing the approval to move forward is a conflict of interest. Spence – HOA president is a Town employee, but was functioning in his role as the HOA president. Neal Shubert – I think it’s a conflict of interest. Spence explained that the HOA board voted, as required by the HOA by- laws. This was authorized about a month ago. Perez – Earlier you said that this was taken out of the HOA prior to the first September 17, 2019 - Page 20 of 77 sale. Spence – Yes, this site was removed from the Chamonix Community, through the townhouse plat. However, its part of a development lot and the Town Code requires HOA approval to moving forward. Stockmar – We do not have purview over a private HOA? Neal Shubert – I’m trying to make sure things are done right. We spent a lot of money to buy here. There was a general discussion of the role of the HOA, and its relationship to its members, rather than Town of Vail involvement. Perez – Does the public have any further concerns before we move forward? Neal Shubert – How and where will access be provided? Spence – Explained the development proposed, including 3 market rate dwelling units, and one EHU (minimum 1200 sq. ft.) Total 7,200 sq. ft. of GRFA proposed, largely compatible with Primary Secondary zoning lots. Access will be from Chamonix Lane. We do not know where construction access will be taken. Stockmar – The HOA would need to provide consent for any access through their private land. Spence – The variance is coming before the rezoning, since the land could not be adequately developed without the variance, thus it’s not appropriate to rezone without the variance. He described the parts of the lot that are steeply sloped. He provided a photo to explain the site layout. He explained the reasons behind regulations prohibiting development on steep slopes. A variance is required since the property is in the Housing zone district. Similar development in this zone district received variances, such as at Solar Vail for development on steep slopes. Spence described the location and shape of the Fire Department parcel, and the portion that will be combined to form the new development site. The rezoning would only go into effect upon recording the new subdivision plat. Perez- Where is the access to these lots? Spence – From Chamonix Lane, not from Upper or Lower Traverse Way. Stockmar – The Chamonix HOA could grant that access, if it chooses. Spence – Rezoning of this land would be the third step. He provided some context for the other three development applications that will be coming to the PEC. Spence described the formation of the future development site, and the relationship to the minor subdivision and rezoning. Gillette – Why is the General Use parcel important, it does not look developable? September 17, 2019 - Page 21 of 77 Spence – It’s about one-quarter of the site, and is also important because of the required setbacks. It’s not important to the GRFA, which is set by the PEC. This piece of land makes the site more developable in a traditional manner. Perez – Why are we deleting the last paragraph on pedestrian circulation? Spence – The original master plan discussed pedestrian circulation, but in reality there is not space to install sidewalks. It’s not feasible. Stockmar – What about pedestrian circulation on this piece of land? They will only be able to get to it from the firehouse lot, or Chamonix Lane. Spence explained where pedestrian and vehicular access would be provided from Chamonix Lane, the same as all other developments on this road. Gillette – Who was noticed about these applications? Spence – Adjacent property owners. He showed such properties on a map. Notice included all item on today’s agenda. Spence described the development plan, and what is required by the Vail Town Code. He explained how the main development standards would be included, such as height and setbacks, and GRFA. But the applicant is requesting that the details of the site plan and building design be delayed until a later date. He described that the maximum height would be based on the elevation of Chamonix Lane. The applicant proposes to provide more information for the next meeting with PEC. The applicant has requested to separate the details from the main elements, such as height and setbacks and zoning, to provide some entitlements to the land. Additional Public Comment Neal Shubert – Moved here from Miami, where they gave up too much public land. Town might need that land some day in the future. You can’t get that back in the future. Gillette – That is beyond the scope of this board, but I suggest you bring your concern to Town Council. Neal Shubert – Asked where the maximum building height will be measured. Gillette – Asked Fire Chief Novak about use of this site for the ambulance district. If we sell this, there will be no opportunity for using this land for the ambulance. Fire Chief, Mark Novak – Discussion of using this site for ambulance operations was prior to my arrival in Vail. We discussed options, and the paramedics decided that the best location for them is at Vail Health. There can be some efficiency for combining ambulance at the same location as the Fire Department. There are no immediate plans, and paramedics have no immediate use for this site. Stockmar – Are you comfortable that you will not need this site in the future? Once this site is sold and developed, we no longer have this option. Novak – Building on this hillside would be very expensive. I have never been September 17, 2019 - Page 22 of 77 involved in discussions on development of this site for the ambulance. Spence – Town Council has directed the staff to move forward with this application. We can only reasonably assume that they had discussions of its alternate use. Kjesbo – As I recall, the ambulance district determined that they do not want to build here. Spence – Staff believes that the first three items can stand on their own, and can be voted on today. He requested that the PEC provide specific questions, or information needed, so that we can pass this information to the applicant. Neubecker – The detail of architecture and site design will only be developed after the property is sold to a developer. The future buyer is looking for some assurance on what they are buying and what they can build. But asking for detailed drawings at this time may not be possible. Spence – If the PEC is not comfortable with the current proposal, what additional information or plans are needed to make a decision, short of a full blown development plan? Gillette – Show the site with a cube representing height and setbacks, a 3D model that we can spin around, assuming we have topography. Lockman – I would like to know what a development on this lot could look like. Stockmar – I don’t want to see a building looming on this site significantly taller than other buildings. Spence – Applicant is trying to put some entitlements on the site to provide some assurance to a future buyer of this site. Perez – Recommend continuing these items until we can have more details and information from George, including a complete presentation. Spence – What types of questions does the PEC have? Please articulate further. Perez- It would be helpful to have a complete presentation on the last three items. Gillette – Would like to hear more about the future use of the triangle piece of land, and discussions held by Council that this site is not needed. Stockmar – Leaning toward continuing these items until we have more information. Spence – What other questions do you have, so that we can prepare the applicant? Lockman – Looking for clarity on the relationship of the HOA to this property, and the expectations of the owners, since this master plan called for 100% deed restricted housing. September 17, 2019 - Page 23 of 77 Perez – Want to see the picture on the front of the jigsaw box before we put the pieces together. Kurz – I would be ready to move forward on the first three items. I feel comfortable on these items, with the benefit of hindsight, they have been discussed over the past many years. I will defer to the rest of the board. A massing model would be a good idea. Neal Shubert – Encourage everyone to walk the property. There is a drainage line at the end of our property. Who is responsible to tie everything together from our side to this lot? Spence explained the snow storage areas for Chamonix Vail neighborhood. He described the required setbacks from property line. Lockman – Could they build a sidewalk down Lower Traverse Way? There was a general discussion about pedestrian access, and if a walkway could be installed along the northeast side of this site. There was concern that people will create their own path. Stockmar – My preference is that we continue these items. Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.2.A request for the review of a variance from Section 12-21-10 Development Restricted, Vail Town Code, in accordance with the provisions of Section 12-17-1, Variances, Vail Town Code, to allow for development in the Housing Zoning District on a slope of forty percent (40%) or greater, located at 2420 Chamonix Lane/the western portion of Parcels B and the northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 (Future Lot E, Chamonix Vail Community Subdivision), and setting forth details in regard thereto. (PEC19-0036) 30 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.3.A request for a recommendation to the Vail Town Council for a zone district boundary amendment, pursuant to Section 12-3-7, Amendment, Vail Town Code, to allow for the rezoning of a portion of 2399 North Frontage Road West, Parcel A, a resubdivision of Tract D, Vail Das Schone Filing 1 from the General Use (GU) District to the Housing (H) District and setting forth details in regard thereto. (PEC19-0033) 20 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins September 17, 2019 - Page 24 of 77 2.4.A request for review of a Minor Subdivision, pursuant to Section 13-4, Minor Subdivisions, Vail Town Code, to create Chamonix Vail Community Parcel E, a resubdivision of Parcels A and B, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1, and setting forth details in regard thereto. (PEC19-0032) The applicant has requested this item be tabled to September 23, 2019. 5 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.5.A request for the review of an Amended Development Plan, pursuant to Section 12-6I-11, Development Plan Required, Vail Town Code, for amendments to the Chamonix Vail Community Development Plan, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1 and setting forth details in regard thereto. (PEC19-0035) The applicant has requested this item be tabled to September 23, 2019. 5 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.6.A request for the review of a Conditional Use Permit, pursuant to Section 12-16, Conditional Use Permits, Vail Town Code, to allow for the construction of dwelling units within the Housing (H) zone district, located at located at 2310 and 2420 Chamonix Lane, Parcel B and a northern portion of Parcel A, formerly a resubdivision of Tract D, Vail Das Schone Filing No. 1and setting forth details in regard thereto. (PEC19-0034) The applicant has requested this item be tabled to September 23, 2019. 5 min. Applicant:Town of Vail, represented by George Ruther Planner:Jonathan Spence Karen Perez moved to table to September 23, 2019. Brian Gillette seconded the motion and it passed (6-0). Absent:(1)Hopkins 2.7.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, and amendments to Title 14, Development Standards, Vail Town Code, to update definitions, to remove redundant definitions, and regulations for retaining walls, and setting forth details in regard thereto. (PEC19-0017) 15 min. Applicant:Town of Vail Planner:Erik Gates September 17, 2019 - Page 25 of 77 Planner Gates presented, and explained that this is a cleanup of the Town Code. The Town Attorney has reviewed this proposed language. Redundant language is proposed for removal. Two ordinances are proposed, for code cleanup and for changes to language on retaining walls on steep slopes. This amendment is something that was recommended by the DRB. We are seeing smaller lots and steeper lots being developed. This forces more retaining walls. Perez – In Title 12, there was supposed to be a cross reference to the actual definitions, not just “all words and phrases not defined herein shall use their customary definitions”. Gates - Are you asking that we refer to the Title 12 definitions for the Title 14 definitions we are removing? Perez – Yes. Gates – The “customary definitions” language was recommended by the Town Attorney, but we will add in the references to Title 12. Public Comment – None Ludwig Kurz moved to continue to September 23, 2019. Karen Perez seconded the motion and it passed (0-0). Absent:(1)Hopkins 2.8.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, and Title 14, Development Standards, Vail Town Code, to amend the regulations on building design and landscaping in the Wildland Urban Interface to reduce the risk of wildfire, and setting forth details in regard thereto. (PEC18-0035) 45 Min. Applicant:Town of Vail Planner:Chris Neubecker Planner Neubecker introduced the proposal and its history starting with how the WUI code in its entirety was proposed to be added to the Town Code. The scope has since changed to provide specific regulations related to building materials and limits on landscaping design. In the long term, we plan to place this proposal under a single ordinance with building code revisions. The Fire Department has included our current landscaping pamphlet explaining how properties can be in compliance. Fire Chief Novak began to explain the changes to the code and their reasoning behind it. Wildfires are not a matter of “if” they will happen, but more a matter of “when”. Gillette had a question about what will trigger these regulations. Does landscaping require a permit? Neubecker - Just adding landscaping does not require a permit. Novak - Landscaping compliance would only be triggered by developments or alterations that trigger these regulations and only for the portion of landscaping that is disturbed by construction. This is a resiliency and sustainability issue. Fires are getting worse and have a number of health and environmental impacts. Novak continued to elaborate on fire impacts. September 17, 2019 - Page 26 of 77 When homes burn, their runoff is considered hazardous and it contains a number of dangerous materials. There is no greater threat to Gore Creek than a catastrophic wildfire. Fires that are low intensity can improve wildlife habitat, but in our area with our forests, we are likely to only get high intensity fires that permanently alter the local habitat. There is also a public impact; fires can have a large impact on tourism. People left Aspen last year on their vacation because of smoke alone. If we lose a lot of homes, we may struggle to get the workforce back to rebuild quickly. All of Vail is in the wildland urban interface. The town’s entire interior is exposed to potential wildfire. We have a different understanding today as to why homes burn than we did 10 years ago. The understanding now is that fires start with embers that can land up to a mile away. Because of our forests, we have infrequent, very intense fires. Clock is ticking on our “stand replacement” fire. Novak showed a map of fire risk severity around Vail. Gillette - When was the last fire here? Paul Cada -. Well over 100 years since the last major fire. As the Chief said, the clock is ticking on another fire. Insects and disease also increase our fire risk. He showed an infographic stating measures to keep Vail fire safe. He mentioned safe evacuation of citizens and monitoring nearby fires. Another key component is to reduce ignition materials present in urban areas. What causes buildings to ignite? This is a question key to understanding wildfire protection. Direct flame contact does cause fires but its rare, ember ignition is far more common. Embers can build up in the nooks of a house and burn it before any surrounding vegetation. Structure to structure conflagration is also an issue, but more of an issue in high urban areas; this is what the original fire code was written for. A house on fire can generate a greater amount of heat than the front of a forest fire. Cada then showed a video demonstrating how a house can catch fire from embers in the air. Stockmar asked a question about the Town’s roof replacement program, whether people were taking advantage of it. Neubecker - Staff still receives a lot of expedited reroof applications. Cada - The Fire Department is proposing a suite of code changes to help improve Vail’s fire preparedness. The code amendments are for new construction and for additions of over 500 square feet. Gillette asked about how this code change would work with additions, since the entire house will need to match the addition. Cada - In talking with the DRB, they felt confident that applicants would be able to find comparable materials to what is already present on a structure to meet compliance both with the fire code changes and with architectural unity. Gillette asked about someone doing a complete façade replacement, would they be required to meet the code? Cada - No, but that they often meet the code anyway. Gillette - Why you wouldn’t require this anyway on façade replacements? September 17, 2019 - Page 27 of 77 Cada - This was done for community acceptance. Stockmar - Many people are already voluntarily complying. Cada - These amendments are similar to other hazard regulations with the one exception that is the entire town is within this fire hazard. Adoption of this code would safeguard the current design standards. What is being proposed is already in line with current building trends in Vail. It may not be a 100% perfect solution, but it was important to find a good compromise without imposing too much on the community at once. Embers are a key factor for structure ignition. Cada showed some graphics to support this statement. Cada continued to explain where to find appropriate building materials. Stockmar – What is the reception from insurance companies? Cada - Insurance companies are paying attention to fire risk more and more. The Fire Department is also open to coordinating with local insurance companies. Cada - The allowed building materials include: 1-hour fire resistant rated material, noncombustible materials, heavy timber or log wall construction, or identified ignition resistant materials. There is also a provision to allow combustible siding up to 33% of a wall and not within 5 feet of the ground level. This provision was discussed with the DRB to allow for more design choices. Most ember fires start at the base of a building. Cada showed some examples of homes in Vail that meet the proposed fire standards without being required to. Gillette asked a clarifying question to make sure standard treated wood complies with this code. Kjesbo - It does. Cada introduce the landscaping/defensible space regulations. These are non-prescriptive; this requires that an applicant submit their landscaping plan to the Fire Department staff for review, who will then give comments. This is done to maximize design choice for applicants. Gillette asked about manpower for these reviews. Novak - The Fire Department will be proposing in the upcoming budget to add another fire employee for reviewing. Cada - They would rely on Planning staff for landscaping inspections, which is already their responsibility, and the Fire Department would get involved with inspections as needed. Kjesbo – Have a concern about the Fire Department being given the power to design landscapes, since the result of this is that the Fire Department gets final say on landscaping. Gillette also expressed concern on this point. There are some scenarios where someone would need to plant trees for screening between neighbors, but Fire wouldn’t allow them. Cada showed a picture of an example property that could still have side September 17, 2019 - Page 28 of 77 screening with trees. Gillette expressed skepticism pointing out some trees on the diagram that are within 15’ of the structure. Cada - This is why the code is non-prescriptive so that Fire Department can make a staff determination about when its worth having a tree nearer to a residence. Gillette - This will still be not enough for some homes. Cada - This is where smart building construction comes into play. Don’t build a bathroom window that is in view of a neighbor. Novak - We have a back and forth discussion with the DRB if that board has a problem with what the Fire Department is requiring. This will require both the Fire Department and DRB to become more familiar with each other’s goals. A few years down the line and a lot of those issues will sort themselves out. Perez had a concern about the rate of turnaround for the DRB and Fire Department interplay. Novak - The current turnaround is 10 days and that is the department standard they want to keep. In speaking with the Board of Appeals, it was agreed that codifying required plan review turnarounds is a bad idea. Gillette - I would be comfortable if this didn’t require that homes maintain their defensible space after gaining a permit. This is proposed to be a fineable offense if people add trees after the permit is issued. Novak - If this isn’t a requirement, then some of these changes don’t work. Novak also mentioned that this is not retroactive. Gillette - The proposed wording does not say that is not retroactive. It requires it for all developments. Novak - Higher up in the code it states that none of the changes are retroactive, including the line in question. Perez - The Commission is only getting the proposed amendments piecemeal and not every section the Commission is receiving has this statement about the regulations not being retroactive. Perez also requested that “the Town” be capitalized uniformly. Perez also had an issue with the use of the word “tenants” rather than “occupants” in regard to the Gross Floor Area definition. Gillette - Section 12-11-3A proposed language does require all landscaping changes to be reviewed by the Fire Department, including older buildings. Novak – We will would work with Planning to make the language more consistent and incorporate the language changes proposed by Commissioner Perez. Novak also stated that the intent is to not have the code changes be retroactive, so they will work to make that clearer for the section in question by Commissioner Gillette. Gillette - The intent should be to require applicants install landscaping in September 17, 2019 - Page 29 of 77 accordance to the Fire Department guidelines, but once they have approval and the knowledge from the Fire Department, it should be their choice to add landscaping and put their own home at risk. If the Department starts limiting landscaping, people will go ballistic in Vail. Stockmar - I understand where the Department is coming from and don’t want my neighbor’s choice to put my own home at risk. He also mentioned that it is important to get language and wording right. Gillette brought up the example that people don’t have to keep their home up to building code after receiving a permit. Delete that wording and rely on Title 5. Kjesbo agreed on these points. He agreed that these changes will make the Town safer and that he appreciates the work, but worries that some changes might be taking things too far. Novak – We will come back with changes. Cada - The first owner may know the risks of adding extra landscaping that negates other fire mitigation measures, but future owners would not and may unknowingly live with the added risk. Cada also brought up Chamonix, asking if the developer there had added extra landscaping that was a risk, would they tell the future owners? Gillette said he agreed with this and that people will always want to change their landscaping. Neubecker - The point of these changes is to move the Town in the right direction, not to mitigate all risk. Cada - Asked if the Commission wanted language in Title 12 that encourages but does not require retroactive compliance, while in Title 14 having language requiring compliance for applications that trigger Fire Department review. Perez thanked the Department for coming back to the Commission with specific code language in context. It is helpful for the Commission. Novak asked for clarity on the changes asked for by the Commission. Stockmar stated that they need the minor changes that had previously mentioned and that it would likely be best to continue this to the next meeting. Stockmar I’m in general supportive of the goals of the Fire Department in these proposed changes, and that in the long-term future I wouldn’t mind seeing some more prescriptive regulation. After taking the continuation vote, Kjesbo requested a final comment. All consented. Kjesbo wanted clarification that the reduction of evergreen foliage below a certain height be a recommendation for existing properties. Karen Perez moved to continue to September 23, 2019. Ludwig Kurz seconded the motion and it passed (6-0). September 17, 2019 - Page 30 of 77 Absent:(1)Hopkins 3.Approval of Minutes 3.1.August 12, 2019 PEC Meeting Results Perez had some corrections on page 19 of 23. Under Perez’s comments, “should would like” should be changed to “she would like”, and add the word “and” after “smoking on site”. Ludwig Kurz moved to approve with corrections. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Hopkins 3.2.August 26, 2019 PEC Meeting Results Ludwig Kurz moved to approve. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Hopkins 4.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Hopkins The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department September 17, 2019 - Page 31 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Agreements for Funding and Programming of the Guest Experience Initiatives PRESENTER(S): Patty McKenny, Acting Town Manager, Mia Vlaar, Economic Development Director ACTION REQUESTED OF COUNCIL: Approval of funding for guest experience initiative programming with two agreements. BACKGROUND: The Town Council is asked to approve the attached agreements for funding with 1) Ren Productions, and 2) Vail Chamber and Business Association, so that further planning and implementation can be done related to the Thanksgiving week activation and employee engagement programming. The planning committee for the Town of Vail and Vail Mountain Guest Experience Initiatives has made a great deal of progress related to the “Thanksgiving Reimagined” activation and employee engagement programming. The attached agreements for funding with Ren Productions, chosen by CSE to serve as the event producer, and Vail Chamber and Business Association (VCBA), chosen to assist with engagement, outlines the arrangement for services related to this programming. In order to move to the next stages of the planning and production, staff requests approval of the attached agreements. ATTACHMENTS: Description Memo Guest Experience Initiatives Agreements September 17, 2019 - Page 32 of 77 To: Mayor and Town Council From: Guest Experience Initiative Advisory Group (Town of Vail and Vail Mountain) Date: September 17, 2019 Subject: Agreements for Funding with Ren Productions (for Activation related to Guest Experience Initiative: Thanksgiving Reimagined) and VCBA (for Employee Engagement Programming) 1. SUMMARY The planning committee for the Town of Vail and Vail Mountain Guest Experience Initiatives has made a great deal of progress related to the “Thanksgiving Reimagined” activation and employee engagement programming. The attached agreements for funding with Ren Productions, chosen by CSE to serve as the event producer, and Vail Chamber and Business Association (VCBA), chosen to assist with engagement, outlines the arrangement for services related to this programming. In order to move to the next stages of the planning and production, staff requests approval of the attached agreements. The final 2019 supplemental budget ordinance will include the proposed costs for the guest experience initiatives estimated for the three components of programming as follows: 1) Employee Curriculum $15K TOV funded, 2) Employee Engagement $24K for VCBA, and 3) Thanksgiving Reimagined up to $100K for Ren Production. 2. ACTION REQUESTED The Town Council is asked to approve the attached agreements for funding with 1) Ren Productions, and 2) Vail Chamber and Business Association, so that further planning and implementation can be done related to the Thanksgiving week activation and employee engagement programming. The Committee will present the final details of the three initiatives and community launch at the October 1 council meeting. 3. BACKGROUND The Guest Experience collaboration between the Town and Vail Mountain has identified a series of far-reaching partner initiatives that will form the foundation for ongoing resort-community programs and activities. The goal is to align to provide a world-class experience for our collective vacationing guests and progress the tourism economy forward, focusing first on the winter season with year- round implementation to follow. Since the August 2018 Town Council and Vail Resorts retreat, the Vail Guest Experience Collaborative Advisory Committee (Patty McKenny, Suzanne Silverthorn, Mia Vlaar, Phil Metz, Yann Benjamin and Kristin Kenney Williams) has met weekly to create, alongside Alison Wadey, Krista Miller and Jen Law, a customer service training program, an employee engagement curriculum, and a strategy to create new traditions to bolster the early winter season period and re-imagine the Thanksgiving holiday. 4. STATUS OF WORK The following information provides a status of the work completed thus far:  Concept Alignment  Program Parameters  Stakeholder Engagement September 17, 2019 - Page 33 of 77  Curriculum Development (Phase 1) In addition, planning continues on the following items, Branding, Logistics, and the Communications Plan 5. DESCRIPTION OF GUEST EXPERIENCE INITIATIVES PROGRAMMING • The goal of the customer service training program is to create a seamless, positive and world- class guest experience by training all employees in the town in a common language and manner to interact with our guests. o Guest Service Training: 4 sessions 2019 o Leadership Forum: 2 sessions 2019 • The goal of the employee engagement program is to draw upon the foundational work of the Vail Chamber and Business Association’s ambassador program, which supports and encourage community among employees, focusing on education, social opportunities and employee recognition and rewards. o Learning Vail’s History: 4 sessions 2019 o Community Merchant Tour: 2 sessions 2019 o Employee Engagement Kickoff: November 7, 2019 • The goal of the reimagined Thanksgiving is to create guest experiences featuring early season traditions to ensure strong visitation year-over-year, both on- and off-mountain. The components of this week’s activation include the following: Vail Après Programming • Celebrating Vail’s European alpine heritage by developing an ownable resort experience, a differentiator that enhances the village experience and creates emotional connection. The programming will focus on creating a tradition using bells throughout the villages at a certain time of day. The activation will celebrate the legacy of Vail by utilizing the clock towers in the villages’ chime, while bells ring across the mountain and in the villages symbolizing the beginning of an activated Après experience. Thanksgiving Week: Festival of Lights November 22nd-30th, 2019 Vail Holiday Lights - Explosion of Lights on Friday and Saturday November 29 & 30 • Vail Businesses will add lights/garland and trees during Thanksgiving week and a showcase of the Holiday lights and sculptures will culminate with a tree lighting on Saturday, November 30th Vail Cooking Classes chef lead for adults and children • Learn how to create seasonal culinary delights from “basics” to appetizers to desserts Music Pop ups: Music held throughout town and small venues to welcome adults, children, families Gingerbread House Contest Local Lodging properties invited to participate in gingerbread house contest. Friday November 29 10th Mountain Parade Vail Festive Market with European flare Garland, trees, lights, lattice and gifts for the holidays will abound. 55 vendors selling special unique items (Roasted Nuts, gluhwein, forged bells) Friday and Saturday November 29th & 30th: 1 - 5 pm Gobble Gobble Shuffle: November 23rd: Run/Walk through the streets of Vail Ice Skating Show: November 23 and November 30th, Solaris and Arrabelle Attachments:  Agreement for Funding with Ren Productions  Professional Services Agreement with VCBA Town of Vail Page 2 September 17, 2019 - Page 34 of 77 AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this _____ day of ____________, 2019 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and Ren Productions, an independent contractor with a principal place of business at 3011 Basingdale Blvd, Vail CO 81657 ("Recipient”) WHEREAS, the Town encourages and supports community events, because such events promote the public health, safety and welfare; WHEREAS, Recipient is producing the Town of Vail Thanksgiving Events an event in the Town beginning on or about November 22nd and running through November 30th; WHEREAS, the Event has been designated by the Town as a Town Council funded Event, with selection of the producing entity by the Commission on Special Events; and WHEREAS, in exchange for Town funding, Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. RECIPIENT'S DUTIES A. Recipient shall plan, organize, promote and carry out the Event as described in Event Description set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event, Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event permits website: www.vailpermits.com. All such applications shall be submitted under the name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town, including without limitation: the CSE Event Categories and Evaluation Criteria attached hereto as Exhibit B and incorporated herein by this reference; the Town Logo Standards, Vail Mountain Brand and Logo Guidelines, found at http://bit.ly/2hnGZ8f; and the Town's marketing checklist, attached hereto as Exhibit C and incorporated herein by this reference. D. If a Town Council Funded Event, at request of the Town, Recipient shall perform market research and surveying during or after the Event by an independent, third-party economic impact research firm hired by the Recipient. Further, Recipient 1 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 35 of 77 shall send a web survey link to its participant/ticket sales database as directed by the Town. The Recipient shall share survey data and analysis with the Town. E. Recipient shall schedule and complete a post-event report and meeting with the CSE within 60 days following the close of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town will provide a PowerPoint template for Recipient's use in preparing the report, and the finished PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event meeting. F. The Town shall be entitled to complimentary advertising, photography, and other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. G. Recipient shall ensure that all lodging marketing and lodging inquiries relating to the Event are directed to properties within the Town whenever reasonably possible. H. The Town may download video or photographs of the Event for promotional or editorial purposes (the "Event Media") at no charge, as follows: 1. As part of Recipient's post-event report, Recipient shall provide the Town with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right, title, and interest in the Event Media. The Town may, with respect to all or any portion of the Event Media, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change the Event Media without providing notice to or receiving consent from Recipient. I. The Town may choose to purchase certain assets associated with the event brand, outside of the allocated event contribution. Use of these assets may be granted to the event producer to use for production and marketing of the event, with final approval of use by the Town. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Recipient completes the Event and all responsibilities imposed by this Agreement unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient's completion of the Event, Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to make any additional payments and may seek repayment by Recipient of any portion of the Total Contribution already paid. 2 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 36 of 77 III. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement, the Town will pay Recipient up to $100,000 (the "Total Contribution") in three payments, as set forth below. 1. Payment One: 33% of the Total Contribution (estimated at $33,000 , payable upon: Recipient executing this Agreement with a completed and signed marketing checklist, and Recipient's completion and submittal of the Sponsor Benefits, and Recipient’s invoice number one. 2. Payment Two: 33% of the Total Contribution (estimated at $33,000), payable after submittal of a complete special event permit application and the Town's verification of the marketing checklist and invoice number two. 3. Payment Three: 34% of the Total Contribution (estimated at $34,000), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has been provided and that Recipient and the Event have met all conditions for funding and has submitted invoice number three. Payment Three may be reduced or eliminated by the CSE if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of the permit. Recipient further acknowledges that the Total Contribution may be reduced by the Town as compensation for any outstanding debt Recipient owes the Town including without limitation unpaid contracts for service or unpaid taxes. IV. RESPONSIBILITY A. Recipient hereby warrants that it is qualified to assume the responsibilities to carry out the Event and has all requisite corporate authority and licenses in good standing, required by law. The Event shall comply with all applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any portion of the Event shall not be construed to operate as a waiver of any rights under this Agreement or as a waiver of any cause of action arising out of the performance of this Agreement. C. Recipient may employ subcontractors to plan, organize, promote or carry out all or portions of the Event, provided that Recipient shall ensure that all such subcontractors comply with the terms and conditions of this Agreement. 3 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 37 of 77 V. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times, employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VI. INSURANCE A. Recipient 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 of or related to the Event. At a minimum, Recipient 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 $2,000,000 each occurrence and $2,000,000 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. B. 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 shall 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 Recipient. Recipient shall be solely responsible for any deductible losses under any policy. C. Recipient 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. VII. INDEMNIFICATION Recipient 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 4 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 38 of 77 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 the Event or 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 Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. VIII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient 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 Recipient 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. Recipient 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 Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. 1. If Recipient has employees, Recipient 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. Recipient 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 Recipient 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, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient 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 Recipient shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not 5 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 39 of 77 knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Recipient 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 Recipient is complying with the terms of this Agreement. E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. IX. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, or interruptions of transportation services, or any other proven cause beyond Recipient's control other than inclement weather, it is understood and agreed to by Recipient and the Town that there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. 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. 6 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 40 of 77 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 or 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. 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 as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Patty McKenny, Interim Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk Ren Productions/Angela Mueller By: ________________________________ 7 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 41 of 77 STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2019, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 8 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 42 of 77 EXHIBIT A EVENT DESCRIPTION The purpose of the Thanksgiving activation is to create a new tradition to engender loyalty to Vail and extend length of stay in the early season. The event should help secure Vail as the best early season mountain and town experience, regardless of conditions on our exceptional Vail Mountain. Event should ultimately drive demand for a trip to Vail over the Thanksgiving holiday regardless of snow conditions. The list of activities and events associated with the Thanksgiving activation may include some of the following ideas presented in the RFQ and outlined below. There may be some modifications made to this list as the final components and projected costs are being finalized (not to exceed $100,000). • Gingerbread House creation competition at each of the Vail hotels • Macy’s Style parade • 10th Mountain parade • Tree lighting and Vail Lights • Vail Festive Market with European flare • Ice sculpture expo/competition • Ice show at the Dobson arena • Turkey Trot or community walk/run/race • Turkey Bowling • Ski Down with Fireworks • Native American “Pray for Snow” Dance • Thanksgiving Dinner • Community Dinner 9 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 43 of 77 EXHIBIT B CSE EVENT CATEGORIES AND EVALUATION CRITERIA Events receiving public funding will be categorized as follows:  Recreational, Cultural and Community Events: Goal: Deliver a diverse calendar of events in the Town of Vail that promote economic vitality and community enrichment Signature Events: • Established events that take place over multiple days and/or weeks • Strong Vail Brand identity • Drive overnight visitation • Promotion and marketing reach through local, regional, national and international media exposure • Several of these events receive their funding from the Town Council. Post event review and evaluation will be overseen by the CSE Destination Events: • Newer events, participatory sporting events and large scale ambient events which support the CSE’s criteria for promoting economic vitality and driving destination visitation • Supports the Vail Brand • Primarily local and regional media exposure, may attract some national exposure or sponsorships Ambient Community Events: • Ambient events which contribute to a sense of community, vitality and fun; enhance the guest experience and promote high NPS (Net Promoter 10 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 44 of 77 Score) • Primarily local media exposure • Community celebrations: i.e. Vail America Days, Vail Holidays, Vail Family Fun Fest  Educational and Enrichment Events Goal: Promote leadership development, intellectual opportunities and health and well-being • Shall be part of the CSE RFP process • Potential to build the Vail Brand as an educational and well- being destination • Local, regional, (and when appropriate) national and international media exposure • Economic impact may be in the future: Potential to return economic benefits as participants share their experiences to individuals and groups within their spheres of influence 11 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 45 of 77 EXHIBIT C MARKETING CHECKLIST Recipient agrees to the placement of the Town logo on marketing and promotional materials it produces or causes to be produced for the Event as appropriate to the Town's level of sponsorship. Recipient shall complete the checklist and upload here: https://webportalapp.com/sp/home/2018events. Recipient also agrees to the following provisions: • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items that Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient shall comply with the Town's exact usage guidelines. 12 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 46 of 77 NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient 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 Recipient’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date 13 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 47 of 77 DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient 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 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 __________, 2019, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public 14 9/12/2019 Thanksgiving Funding Agreement September 17, 2019 - Page 48 of 77 AGREEMENT FOR SERVICES THIS AGREEMENT is made and entered into this 4th day of September, 2019, by and between the Town of Vail, 75 South Frontage Road, Vail, Colorado 81657, a Colorado municipal corporation (the "Town"), and Vail Chamber and Business Association, an independent contractor with a principal place of business at 241 South Frontage Road ("Contractor") (each individually a "Party" and collectively the "Parties"). WHEREAS, the Town requires services; and WHEREAS, Contractor has held itself out to the Town as having the requisite expertise and experience to perform the required 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 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. 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 seven (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. 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 $24,000 in 2019. 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. Page 1 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 49 of 77 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. 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 licenses in good standing, required by law. B. The work performed by Contractor shall be in accordance with generally accepted practices and the level of competency presently maintained by other practicing contractors 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. 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 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. Page 2 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 50 of 77 2. Commercial General Liability insurance with minimum combined single limits of one million dollars ($1,000,000) each occurrence and one million dollars ($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. B. 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 thirty (30) days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall 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. C. 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 claim of any employee of Contractor or of any employee of any subcontractor of Contractor. 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 Page 3 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 51 of 77 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 (3) 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 three (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 (3) 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. 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. Page 4 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 52 of 77 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 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. 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, Interim Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk APPROVED AS TO FORM: __________________________________ J. Matthew Mire, Town Attorney Page 5 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 53 of 77 By: ________________________________ , President STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2017, by ___________________________ as ____________________________. My commission expires: (S E A L) ____________________________________ Notary Public Page 6 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 54 of 77 EXHIBIT A SCOPE OF SERVICES Exhibit A Agreement: Town of Vail & Vail Chamber & Business Association Guest Experience Training Curriculum (4-5 in 2019) & Leadership forums (2 in 2019) $5,000 Training Logistics and Incidentals ($5,000);  Media Placement (advertisements, social media, business notifications, and implementation of communications plan (still pending)  Sign ups/enrollments in the guest service trainings and leadership forums  Process for trainers to check-in and track attendance/completion for programs  Room set ups and tear downs  Food & drink (small snacks only)  Handouts and/or print materials for guest service training  Audio/visual needs coordination  Coordination and communication with Town staff on status, needs, changes, etc. Rental and cleaning fees for use of Grand View and/or Donovan will be provided in-kind by the Town of Vail. Employee Engagement Programming Summary (2019) $19,000  Employee Engagement Production & Planning ($10, 000)  Event Hosting and Expenses ($4,000)  Retention Outreach & Execution ($5,000) Programming Components:  Learning Vail’s History programming, content, and coordination  Employee Engagement Kickoffs and End of season celebrations  Community & Merchant Tours  Employee recognition program VCBA would be responsible for logistics coordination (same as guest service training) and full execution for the above listed programs. Page 7 VCBA VCBA Agreement for Guest Experience Initiatives 2019 September 17, 2019 - Page 55 of 77 EXHIBIT B Town of Vail Vail Chamber and Business Association Proposed Summary of Dates 2019 Curriculum and Engagement Offerings 9/4/2019 Dates Programming Responsible Agency Estimated Attendance 10/29/2019 Learning Vail's History #1 VCBA 10/30/2019 Guest Service Training #1 TOV 50+ 10/30/2019 Community and Merchant Tour #1 VCBA 11/7/2019 Employee Engagement Kickoff #1 VCBA 11/11/2019 Learning Vail's History #2 VCBA 11/12/2019 Guest Service Training #2 TOV 50+ 11/15/2019 Leadership Forum #1 TOV and VR 30 11/18/2019 Learning Vail's History #3 VCBA 11/22/2019 Guest Service Training #3 TOV 50+ 12/5/2019 Learning Vail's History #4 VCBA 12/9/2019 Leadership Forum #2 TOV VR 30 12/10/2019 Guest Service Training #4 TOV 50+ 12/11/2019 Community and Merchant Tour #2 VCBA 12/12/2019 Employee Appreciation #1 VCBA September 17, 2019 - Page 56 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Ordinance No. 12, Series of 2019, Second Reading, An Ordinance Amending Section 5-14-8 of the Vail Town Code Regarding Stream Tract Protection and Related Violations and Penalties PRESENTER(S): Pete Wadden, Watershed Education Coordinator ACTION REQUESTED OF COUNCIL: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon first reading BACKGROUND: Following an update on the status of town-owned stream tract along Gore Creek and several of its tributaries on August 6, Town Council determined that more stringent and defined penalties should be put in place to bring properties remaining in violation into compliance. The town attorney was directed to make changes to town code increasing the fines for trespass on the publically-owned designated stream tract property. STAFF RECOMMENDATION: Approve, approve with amendments or deny Ordinance No. 12, Series of 2019 upon first reading ATTACHMENTS: Description Ordinance No. 12, Series of 2019 September 17, 2019 - Page 57 of 77 Ordinance No. 13, Series of 2019 ORDINANCE NO. 12 SERIES 2019 AN ORDINANCE AMENDING SECTION 5-14-8 OF THE VAIL TOWN CODE REGARDING STREAM TRACT PROTECTION AND RELATED VIOLATIONS AND PENALTIES NOW BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 5-14-8.B. of the Vail Town Code is hereby amended as follows: 5-14-8: VIOLATION AND PENALTY: * * * B. Violations of this Chapter shall be punished as follows, and such penalties shall not be waived, reduced or deferred by the Municipal Court: First offense in any twelve (12) month period: Five hundred ____________ dollars ($500.00 ___________). Second offense in any twelve (12) month period: Seven hundred fifty ___________ dollars ($750.00 ____________). Third offense in any twelve (12) month period: Mandatory appearance in the municipal court and the general penalty provided in Section 1-4-1 of this Code. * * * Section 2. If any part, section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This September 17, 2019 - Page 58 of 77 2 8/28/2019 \\VWS-STORAGE\DESKTOPS$\TNAGEL\DESKTOP\ORDINANCE NO. 12, SERIES OF 2019.DOCX 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 3rd day of September, 2019 and a public hearing for second reading of this Ordinance is set for the ___ day of ____________, 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 ___ day of ______________, 2019. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk September 17, 2019 - Page 59 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Update on Flashing LED Stop Signs & Rapid Flashing Beacon Pedestrian Crossing Signs ATTACHMENTS: Description LED Stop Sign Memo September 17, 2019 - Page 60 of 77 To: Town Council From: Public Works Department Date: 9-17-19 Subject: Update on Flashing LED Stop Signs & Rapid Flashing Beacon Pedestrian Crossing Signs Over the past several years it has become apparent that the intersection at Vail Road and Meadow Drive has become increasingly congested with buses, vehicles, pedestrians and cyclists. This congestion has been accompanied with an increased frequency of vehicles running the stop signs at this intersection. The Transit department has indicated that on several occasions’ vehicles running the stop signs have come within inches of hitting buses and pedestrians. This frequent running of stop signs at this location was brought to the attention of the Town’s Safety committee. After numerous efforts over the past year and a half to make the stop signs more visible, by pruning and eliminating sign clutter, it was determined that adding a flashing LED stop sign, similar to the one added along the South Frontage Road at Vail Valley Drive, would be the next best step. Flashing light signs have become more prevalent in Vail over the past few years where pedestrian safety is at risk. The Town has installed 41 Rapid Flashing Beacon (RFB) pedestrian signs at critical pedestrian crossings including all crosswalks within roundabouts and within most mid-block Frontage Road crosswalks. The intersection at Vail Road and Meadow Drive likely has the highest volume of pedestrians crossing a public road in Vail, and may have warranted the installation of these RFB pedestrian signs, however considering the frequency of pedestrian crossings and the fact that vehicles and bicyclists are already required to stop at this intersection, a first step would be to attempt to force all vehicles and bicyclist to stop by drawing attention to the stop signs. The flashing LED stop sign strategy will help draw attention to the stop signs and has been successfully implemented in other municipality locations, most notably in Frisco along Main Street.( https://www.summitdaily.com/news/frisco-installs-blinking-lights-on-stop-sign/) The new stop signs were installed last week (see photos below), however at this time the flashing LED’s have been turned off. Town Staff recommends leaving the signs in place with the flashing LED’s on, so that we can evaluate their performance, and vehicle conformance to the stop condition. Our bus drivers drive through this intersection every 5 minutes and will be able to evaluate whether or not drawing attention to the stop condition alleviates the existing frequent non-stops. September 17, 2019 - Page 61 of 77 Town of Vail Page 2 Similarly, it is also recommended that the eastbound stop sign at the intersection of Vail Valley Drive and the South Frontage Road be replaced with a flashing LED stop sign, as vehicles frequently run this stop sign as well. This is a unique stop condition, and deserves more attention to the fact that a stop condition exists. In addition, as the town continues to install RFB type safety signs, we continue to receive additional requests for them. Public Works staff request this discussion be scheduled for a future meeting as it would be helpful for Town Council to weigh in on a policy surrounding these types of signs, and whether or not they should be installed in other areas around town, like Vail Valley Drive (5 major pedestrian crossings) and West Lionshead Circle (3 major pedestrian crossings). (Recently installed stop signs at Vail Road and Meadow Drive intersection) September 17, 2019 - Page 62 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: August 5, 2019 AIPP Meeting Minutes ATTACHMENTS: Description August 5, 2019 AIPP Meeting Minutes September 17, 2019 - Page 63 of 77 Public Notice - Art in Public Places Board Meeting Minutes Monday, August 5, 2019 - 8:30 a.m. Town Council Chambers AIPP Board members present: Susan Bristol, Kathy Langenwalter, Bill Pierce, Margaret Rogers, Kara Woods AIPP Board members absent: Julie Hansen, Patricia Donovan Others present: Molly Eppard, AIPP Coordinator 1. Roll call and approval of minutes from July 1 meeting. 2. Citizen input. 3. Summer Mural Program Update The Board reviews the digital rendering proposed by Pat Milbery for his summer mural at the Vail Village structure. Molly reads the narrative from Pat. He has taken the “Love Vail” logo and translated it to reflect the Colorado state flag – mimicking the red, yellow, and blue present in the “C” of the flag. The two elk represent “Two Elk” on Vail Mountain reflecting the mountain he has enjoyed for so many years as a former professional snowboarder. Pat writes he is: Inspired by Colorado colorful, very colorway seasonal based to represent the four seasons feel, playful, energetic, photogenic, as a positive, and will really bring some life to this space. Bill is not favorable of the mural, as he does not see the symbolism. Molly comments that AIPP selected Pat based on his previous work. His mural proposal is definitely in-line with his style and composition approved by the Board. She reiterates to the Board to be careful not to design artists’ work and let the artists be the artists. Margaret agrees that the Board should not design by committee. Kara compliments the proposal and she especially likes the vibrant color and elk. Molly reminds the Board the curation of the muralists this summer was based upon appealing to several demographics. The artists have varying styles appealing to a wide range of audiences. Kara reminds the Board that his geometric renditions of the mountains are similar to how he translates the “Love this City” mural which the Board reacted to positively. Molly is concerned some of the Board has forgotten the body of his work and reminds them he often incorporates text and language into his murals. Kara reminds the Board of some of his popular murals we previously reviewed. She comments that we have knocked it out of the ballpark with our first two murals and need to have the confidence that this mural will also be well received. Molly has received very positive feedback on both Kelsey and Pedro & Jaime’s mural. There is quite a bit of social media attention to these works. Similar to the other muralists, the Board has not given direction to the artists as far as composition and style. They have all been commissioned based on review of their previous work. The Board decides to keep Pat’s mural within the corridor versus having extended elements. Molly reiterates she feels very confident in Pat as an artist. He is getting quite a bit of recognition and significant commissions. Kara compliments the mural as it is the only work which is actually reflective of the mountains and where we live.  Meet the artists Tuesday, August 13th – 4:30 – 6:00 p.m.  Cleaning wall – applying protective Fiberglass Reinforced Plastic to bottom two feet.  Painting entire wall gray base color selected by Pat.  Does the Board want to look to introducing a mural each summer?  Molly asks the Board to look to next summer’s destination art? She asks the Board to bring ideas to the next meeting.  Molly is working with a photographer and First Chair Design to make window decals to mask the unsightly windows across from Jaime and Pedro’s murals. September 17, 2019 - Page 64 of 77 4. Winter programs Molly explains to the Board about the November RFP for activation aligning with the snowmaking on Vail Mountain issued by CSE. The Board hopes that holiday celebrations do not start too far in advance of December. Margaret comments that she does not want to see Christmas holiday types of events in November. The Board wants AIPP to continue to focus on our existing Winterfest and Lantern programming.  Lantern Workshop and Walk will take place on Sunday, December 22  Music 4:00 – 5:00  Santa 4:30 – 5:30…Launch walk at 5:00  Workshop with Alpine Arts on 20th VRD and 22nd – library – noon – 3:30 Molly asks for feedback on the Winterfest Ice Installations. Molly comments that the illuminated interactive ice installations are very popular. People enjoy sitting in the ice thrones and posting on social media. Kathy would like to invite Paul Wertin back to look at his previous installation concepts, especially the maze. Kara asks if this might be the opportunity to look at different types of lighting at the area as well. She comments that the visual aspect of the theater was appealing, so we should look to keeping some type of visual presence. Molly comments she can revisit the lighting design companies we looked at for 2015. The Board feels comfortable moving forward with Paul. Kara thinks we should look at the companies we have previously contacted to see if they may be able to look at some cool lighting techniques. The Board feels we should only give lantern lights and hot cocoa at the gathering. The swag can be given at the library versus at Slifer Square. Margaret comments that the lantern making event has gotten so popular we need to simplify it due to the number of people participating. Molly thinks the cut off time at the library workshop should be more strict and that is when we can give away free lanterns to those who arrive too late. Margaret wonders if we need a larger location due to the growing number of participants. She suggests getting rid of the treats because that takes up a lot of space and the other crafts – leave it just to lantern making no matter what age. 6. Coordinator Updates  Art Walks – great participation this summer – approximately 35/40 people a tour. The Board does not think we dilute the walk with volunteer docents.  VRD has cleaned out Art Shack  Ford Park portals now complete – last stone is set by Covered Bridge  10th Mt. Soldier Memorial restoration went very well. The sculpture looks great.  George Tobolowsky was in town and cleaned his sculpture. He also showed Molly images of other works to be considered by AIPP. September 17, 2019 - Page 65 of 77  Ava Cunningham (VMS intern) completed the utility box painting in Ford Park. She did a great job. A gift card was sent on behalf of AIPP.  Clubhouse – a wall covering photograph of the Gore Range by local photographer Brendan Caffrey is being made and installed in August. Looking at a couple more art possibilities.  Vail Dance collaboration on Art Walk. Molly invited the painter who created the images on the signs throughout the village. The artist discussed each work as we approached a sign. It was a very last minute collaboration, but went well. His wife is a dancer with the festival and joined the tour which I think the guests also enjoyed.  Met with Bravo about possible collaboration next summer  Molly and the Board thank Bill for his service to Art in Public Places. The Board takes Bill to breakfast. 7. Other Matters from the Board  Margaret comments about a few issues regarding her attendance at meetings towards the end of the year. She apologizes to the Board and feels like she is letting the Board down. She comments that if September 17, 2019 - Page 66 of 77 the Board feels she should resign she understands. She is going to try to be here in November because she does not want to miss multiple meetings in a row. Molly appreciates her informing us and the Board. Molly comments that attendance has been an issue for the Boards and it is being looked at by the town. She appreciates Margaret’s continued participation in and out of the scheduled meetings. Kara comments that Margaret’s participation and knowledge of the AIPP is valuable to our program. Bill remarks that he had uncertainty with his upcoming schedule and attendance which is why he is stepping down. He did not feel like it was fair to the Board if he could not commit to attending future meetings. Molly asks the Board if they think a five member Board would be a more effective number for AIPP. Bill thinks five is a much more manageable number similar to DRB. He thinks seven is a big number. Kara agrees. The Board agrees that it would be easier for communication and help with accountability for participation. Molly will discuss reducing the number with the acting Town Manager and Clerk.  Kathy asks if Bill would be interested in participating in the Art Shack. 8. Meeting adjourned September 17, 2019 - Page 67 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: VLHA Meeting Results August 13, 2019 & August 27, 2019 ATTACHMENTS: Description VLHA Meeting Results August 13, 2019 VLHA Meeting Results August 27, 2019 September 17, 2019 - Page 68 of 77 Vail Local Housing Authority Meeting Results August 13, 2019 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order Lindstrom called the meeting to order at 3:08PM. Members present are Lindstrom, Meza and Wilkins. Ruther and Campbell are present from staff. McDougall joined the meeting at 3:35PM. Wilkins departed the meeting at 4:17PM. 2. Citizen Participation 2.1. Citizen Participation No comments, no members from the public are present. 3. Approval of Minutes 3.1. VLHA July 23, 2019 and August 7, 2019 Meeting Results Wilkins and Lindstrom members present from July 23, 2019 meeting. Wilkins motioned to approve meeting results from the July 23rd meeting. MOTION: Wilkins SECOND: Lindstrom VOTE: 3-0 Lindstrom requested to move item 5.2 Review Final Draft Economic Value & Community Benefits of Resident Housing Investment to hear first. 4. Main Agenda 4.1. Possible Incentives for Long Term Rental in the Town of Vail Presenter: George Ruther, Housing Director Ruther requested to table item to the August 27, 2019 agenda. Tabled to August 27, 2019 MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved 4.2. Annual Deed Restriction Compliance Verification Policy Recommendation Presenter: George Ruther, Housing Director Ruther requested to table item to the August 27, 2019 agenda. Tabled to August 27, 2019 MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved September 17, 2019 - Page 69 of 77 4.3. Resolution No. 19, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Alpen Chalets Duplex West Parcel, Also Known As Part of Lot 7, Block G, Vail Das Schone Filing 2, Eagle County, Colorado with a Physical Address of 2418 Garmisch Drive West Unit, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator Wilkins moved to approve Resolutions 19-22, Series of 2019. MOTION: Wilkins SECOND: McDougall VOTE: 4-0 Approved 4.4. Resolution No. 20, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Unit 5, Building B, Wren House Condominiums, Eagle County, Colorado with a Physical Address of 5024 Main Gore Drive South Unit 5B, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator Wilkins moved to approve Resolutions 19-22, Series of 2019. MOTION: Wilkins SECOND: McDougall VOTE: 4-0 Approved 4.5. Resolution No. 21, Series of 2019, A Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Condominium Unit 14, Aspen Tree Condominiums, Eagle County, Colorado with a Physical Address of 931 Red Sandstone Road, Unit 14, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator Wilkins moved to approve Resolutions 19-22, Series of 2019. MOTION: Wilkins SECOND: McDougall VOTE: 4-0 Approved 4.6. Resolution No. 22, Series of 2019, a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Condominium Unit 6, Vail Sky High Condominiums, Eagle County, Colorado with a Physical Address of 2448 Garmisch Drive Unit 6, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator Wilkins moved to approve Resolutions 19 through 22, Series of 2019. MOTION: Wilkins SECOND: McDougall VOTE: 4-0 Approved 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Lindstrom provided the Authority a Housing Subcommittee meeting. In attendance were Patty September 17, 2019 - Page 70 of 77 McKenny, Acting Town Manager, Jenn Bruno, Greg Moffet and Steve Lindstrom. McKenny will meet with finance department to advance the separation of housing investment funds from Vail InDEED to create a revolving fund. The Town is moving forward with recognizing deed restrictions as assets rather than an expense. There was discussion regarding whether the Town will move forward with David Cunningham and ballot initiative. 5.2. Review Final Draft Economic Value & Community Benefits of Resident Housing Investment Per Ruther today’s objective is to go through this report update and finalize for Council presentation at the August 20th meeting. Andrew Knudtsen, EPS, presented and reviewed the final draft of the Economic Value & Community Benefits of Resident Housing Investment report. Keys take a ways from the review: • EPS to confirm ROI numbers with finance. • Opportunity costs at top of page 19. Parking savings is huge. Community comments are “give me a home or parking pass”. • Tables have been provided for each component within report. • Metrics could be based on 100 units. 100 units is the goal in the report. Authority and Ruther looking for report and infographic consistency. • EPS to confirm census numbers are for the Eagle Valley only, East Vail to Gypsum. • Correction: Table 2 is missing and unlabeled • Reduced carbon emissions shows average distance is 63 miles one way. Authority unsure this number is correct for Eagle County. Julia Jones stated this refers to the weighted average and includes Front Range to Gypsum. • The Authority mentioned a local business is suffering from customer service. Include in appendix, comments from business owners. • EPS promises anonymity to the respondents. • Page 1 in report needs more text and more clarity, needs intro paragraph, annual returns. EPS will review and improve page one. EPS will provide updates tomorrow morning. McDougall motioned to enter executive session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: 7 submitted Vail InDEED applications and program details. MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved 6. Executive Session 6.1. Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: 3 submitted Vail InDEED applications and program details. Presenter: Lynne Campbell, Housing Coordinator September 17, 2019 - Page 71 of 77 McDougal motioned to exit executive session and reenter the regular meeting. MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved 7. Any Action as a Result of Executive Session 7.1. Any Action as a Result of Executive Session McDougall directed staff to proceed with Vail InDEED negotiations regarding the 6 Vail InDEED applications reviewed in Executive Session. MOTION: McDougall SECOND: Meza VOTE: 3-0 Approved 8. Adjournment 8.1. Adjournment 5:00 PM (estimated) Meza motioned to adjourn the meeting at 5:00PM. MOTION: Meza SECOND: McDougall VOTE: 3-0 Approved 9. Future Agenda Items 9.1. • EHU Capital Improvements, Labor Cost • Housing Data • Housing Sites • Discussion Civic Area Plan • Proposed 2020 Budget Discussion 10. Next Meeting Date 10.1. Next Meeting Date August 27, 2019 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. Housing Department September 17, 2019 - Page 72 of 77 Vail Local Housing Authority Meeting Results August 27, 2019 3:00 PM Town Council Chambers 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1 A quorum being present Lindstrom called the meeting to order at 3:06 PM. Ruther is present from staff. Present are Lindstrom, Morales, Meza, McDougall and Wilkins. 2. Citizen Participation 2.1 Citizen Participation – No one from the public is present. 3. Main Agenda Due to the number of Vail InDEED applications for review Lindstrom proposed to table items 3.1 and 3.2 to a future meeting. 3.1 Possible Incentives for Long Term Rental in the Town of Vail Presenter: George Ruther, Housing Director TABLED MOTION: Wilkins SECOND: Morales VOTE: 5-0 Approved 3.2 Annual Deed Restriction Compliance Verification Policy Recommendation Presenter: George Ruther, Housing Director TABLED MOTION: Wilkins SECOND: Morales VOTE: 5-0 Approved 3.3 Resolution No. 23, Series of 2019 a Resolution Approving the Purchase of a Deed Restriction Interest in Property (Type III Deed Restriction) in the Town of Vail Legally Described as Condominium Unit 7-R Pitkin Creek Park Phase III, Eagle County, Colorado with a Physical Address of 3971 Bighorn Road Unit 7- R, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: George Ruther, Housing Director MOTION: Wilkins SECOND: Morales VOTE: 5-0 Approved September 17, 2019 - Page 73 of 77 4. Matters from the Chairman and Authority Members 4.1 Matters from the Chairman and Authority Members Wilkins noted residents have moved into Stillwater. Morales mentioned she was present at the PEC meeting approving the East Vail parcel 4-3. McDougall acknowledged and appreciated the Planning Commission’s review and consideration of the East Vail parcel as it was a challengin. Meza made a motion to move into executive session. MOTION: Meza SECOND: McDougall VOTE: 5-0 Approved 5. Executive Session 5.1 Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: Real Property Acquisition four (4) submitted Vail InDEED applications and program details. Presenter: George Ruther, Housing Director The Authority reentered the regular meeting at 4:19PM. Meza left mid way through executive session. Only the 4 Vail InDEED applications were reviewed and discussed during executive session. 6. Any Action as a Result of Executive Session 6.1 Any Action as a Result of Executive Session McDougall motioned to instruct staff to proceed as directed by the Authority members with respect to the reviewed Vail InDEED applications. MOTION: McDougall SECOND: Wilkins VOTE: 4-0 Ruther reiterated if the Vail InDEED negotiations are successful resolutions for those properties will be presented at a future VLHA meeting for final review and consideration. McDougall asked about Booth Heights (East Vail parcel) next steps. Per Ruther Council has option to call up PEC decision at the September 3rd meeting. DRB application submittal and review are next followed by construction drawing submittal. Morales asked if the Housing Authority had discussed holding a Council candidate housing forum prior to elections. Lindstrom thought it was a good idea. Morales will work with staff to formulate questions and determine a moderator, date and time. Staff will add as a review item September 17, 2019 - Page 74 of 77 for the next meeting. 7. Adjournment 7.1 Adjournment 5:00 PM (estimated) Morales motioned to adjourn the meeting at 4:27PM. MOTION: Morales SECOND: Wilkins VOTE: 4-0 Approved 8. Future Agenda Items 8.1 • EHU Capital Improvements, Labor Cost • Housing Data • Housing Sites Discussion • Civic Area Plan • Proposed 2020 Budget Discussion Land Banking (sale of GRFA) 9. Next Meeting Date 9.1 Next Meeting Date September 10, 2019 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. Housing Department September 17, 2019 - Page 75 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Executive Session, pursuant to: 1) C.R.S. §24-6-402(4)(e) - to determine positions, develop a strategy and instruct negotiators, Regarding: Town Manager Recreuitment and Interview Process PRESENTER(S): Matt Mire, Town Attorney September 17, 2019 - Page 76 of 77 VAIL TOWN COUNCIL AGENDA MEMO ITEM/TOPIC: Adjournment at 9:30 pm (estimate) September 17, 2019 - Page 77 of 77