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HomeMy WebLinkAbout2020-07-07 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Agenda Town C ouncil Chambers and Virtual 1:00 PM, July 7, 2020 Meeting to be held in C ouncil Chambers and Virtually (access High Five Access Media livestream day of the meeting) Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. 1.Executive Session (This meeting is not open to the public) 1.1.Executive Session, pursuant to: C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: 1) Memorandum of Understanding between the Town of Vail, Vail Resorts, and Triumph development regarding workforce housing development; 2) Vail Point rezoning process; 3) Proposed amendment to the Development Agreement between the Town and the Solaris development; 4) Agreement between the Town of Vail and TI GA Advertising; and 5) S B 217 – Law Enforcement I ntegrity Bill 100 min. Presenter(s): Matt Mire, Town Attorney 2.The Afternoon Regular Meeting will convene at 3:00 p.m. 3.Presentation / Discussion 3.1.Eagle County Public Health Order Updates 30 min. Presenter(s): Heath Harmon, Director of Eagle County Public Health & Environment Action Requested of Council: I nformational only. Background: An update will be presented by the Eagle County Public Health & Environment Director with highlights about the current amended public health orders, Eagle County Transition Trail Map and requirements for face coverings. 3.2.Economic Recovery Efforts in Response to Public Health Crisis 30 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: I nformation Only. Background: Town staff will present updates about many of the economic recovery programs that are ongoing, such topics include: Expansion of Premises Update: Restaurants & Retail, Designated Public Spaces for Alcohol Consumption Update: Revised Map, Lower Bench of Ford Park Program, Ford Park: Managed Parking Program Update, Commercial Rental Relief Fund Proposal, Recession Plan & Budget Update. 3.3.Vail Reinvestment Authority Bond Refunding Update 10 min. Presenter(s): Kathleen Halloran,C PA Finance Director July 7, 2020 - Page 1 of 82 Action Requested of Council: I nformational only. Background: On May 19, 2020 Town Council authorized the Town Manager and refinance team to proceed with a refunding of V RA Bonds Series 2010B. This presentation is to update Council on selection of a bank and financing terms prior to the closing date set for J uly 15. Staff Recommendation: No action required, informational only. 3.4.Discussion about E-Bikes on the Vail Pass Trail 30 min. Presenter(s): Gregg Barrie Action Requested of Council: Council direction requested. Background: Staff is requesting that the Town Council provide its position on whether e-bikes should be allowed on Vail Pass so that staff can respond to the process accordingly with C D OT and the US FS. The position may generally include support, support with conditions or do not support. Staff Recommendation: Based on previous Town Council support allowing e-bikes on paved trails, staff recommends the Council support the use of e- bikes on the Vail Pass Trail with recommended conditions for both C D OT and the US FS, with conditions outlined in the memo. 3.5.Bicycle Dismount Zones Discussion 30 min. Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Discuss the considerations and options provided in the staff Memorandum and provide direction to staff on next steps. Background: The pedestrian areas of Vail Village and Lionshead can feel congested at times. During those times, the speed variation between pedestrians, bicycles, electric bicycles and other new forms of transportation such as Segways, scooters and hoverboards can create what feels like less-than-safe conditions. I t has been suggested that “dismount zones” in village areas could offer a solution. The purpose of this agenda item is to discuss options around dismount zones and to offer other potential solutions 4.D R B / P E C Update (5 min.) 4.1.D RB / P E C Update Presenter(s): J onathan Spence, Planning Manager 5.Information Update (5 min.) 5.1.Community Polling Discussion Update 5.2.C S E Meeting Minutes 5.3.1st Quarter I nvestment Report 5.4.V LHA Meeting Results May 12, 2020 5.5.V LHA Meeting Results J une 9, 2020 5.6.J une Revenue Update July 7, 2020 - Page 2 of 82 6.Matters from Mayor, Council and Committee Reports (10 min.) 7.Recess 7.1.Recess 5:30 pm (estimate) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media website the week following meeting day, www.highfivemedia.org. Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48 hour notification dial 711. July 7, 2020 - Page 3 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Executive Session, pursuant to: C.R.S . §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions; and to determine positions, develop a strategy and instruct negotiators, regarding: 1) Memorandum of Understanding between the Town of Vail, Vail Resorts, and Triumph development regarding workforce housing development; 2) Vail P oint rezoning process; 3) Proposed amendment to the Development A greement between the Town and the S olaris development; 4) Agreement between the Town of Vail and T I G A Advertising; and 5) S B 217 – L aw E nforcement I ntegrity B ill P RE S E NT E R(S ): Matt Mire, Town Attorney July 7, 2020 - Page 4 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Eagle County Public Health Order Updates P RE S E NT E R(S ): Heath Harmon, Director of Eagle County Public Health & E nvironment AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only. B AC K G RO UND: An update will be presented by the Eagle County Public Health & E nvironment Director with highlights about the current amended public health orders, E agle County Transition Trail Map and requirements for face coverings. July 7, 2020 - Page 5 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Economic Recovery Efforts in Response to P ublic Health Crisis P RE S E NT E R(S ): S cott Robson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC I L: I nformation Only. B AC K G RO UND: Town staff will present updates about many of the economic recovery programs that are ongoing, such topics include: E xpansion of P remises Update: Restaurants & Retail, Designated P ublic S paces for A lcohol Consumption Update: Revised Map, L ower B ench of Ford P ark P rogram, Ford P ark: Managed Parking P rogram Update, Commercial Rental Relief Fund Proposal, Recession Plan & B udget Update. AT TAC H ME N TS: Description Memo Economic Recovery Efforts 070720 Memo Commercial Rental Relief Program 070720 July 7, 2020 - Page 6 of 82 July 7, 2020 - Page 7 of 82 July 7, 2020 - Page 8 of 82 July 7, 2020 - Page 9 of 82 July 7, 2020 - Page 10 of 82 July 7, 2020 - Page 11 of 82 July 7, 2020 - Page 12 of 82 July 7, 2020 - Page 13 of 82 July 7, 2020 - Page 14 of 82 July 7, 2020 - Page 15 of 82 July 7, 2020 - Page 16 of 82 July 7, 2020 - Page 17 of 82 July 7, 2020 - Page 18 of 82 July 7, 2020 - Page 19 of 82 July 7, 2020 - Page 20 of 82 July 7, 2020 - Page 21 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Vail Reinvestment Authority B ond Refunding Update P RE S E NT E R(S ): K athleen Halloran,C PA F inance Director AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only. B AC K G RO UND: On May 19, 2020 Town Council authorized the Town Manager and refinance team to proceed with a refunding of V R A Bonds S eries 2010B. This presentation is to update Council on selection of a bank and financing terms prior to the closing date set for J uly 15. S TAF F RE C O M M E ND AT IO N: No action required, informational only. AT TAC H ME N TS: Description V R A bond update July 7, 2020 - Page 22 of 82 TO: Town Council FROM: Finance Department DATE: July 7, 2020 SUBJECT: Vail Reinvestment Authority (VRA) Bond Refunding Update I. SUMMARY On May 19, 2020 Town Council, approved Resolution No. 17, Series 2020, a resolution authorizing the town to enter into a moral obligation and cooperation agreement with the VRA relating to the bond refunding. The purpose of this memorandum is to update Council on the status of the bond refinance. II. BACKGROUND (Repeated) In November of 2010 the VRA issued $3,670,000 of tax-exempt tax increment revenue bonds “Series 2010A” along with $8,270,000 of taxable tax increment revenue bonds “Series 2010B”. The bond proceeds were used to finance the construction of the Lionshead Transit Center, the Lionshead Welcome Center and Grand View, Lionshead portal entries, as well as major renovations at the Vail Public Library. These bonds are special limited obligations of the VRA, secured and funded by pledged incremental property tax revenues in the district. The Series 2010A bonds were paid off as of June 1, 2018. The Series 2010B bonds have a current principal amount of $7,140,000 as of 6/1/2020, with a current annual interest rate ranging from 6.069% to 6.659%. The Series 2010B bonds are “Build America Bonds”, which provided a federal subsidy known as the “BAB Credit” equal to 35% of corresponding interest as provided under the American Recovery and Reinvestment Act of 2009. This “BAB Credit” has decreased annually since 2013 due to federal budget reductions. A team was selected and assembled to facilitate the refunding process consisting of Jonathan Heroux, of Piper-Sandler (placement agent) and Dee Wisor of Butler Snow LLP (bond counsel), Mattie Prodanovic (financial advisor) of Hilltop Securities, Scott Robson, Town Manager, Matt Mire, Town Attorney and Kathleen Halloran, Finance Director. July 7, 2020 - Page 23 of 82 - 2 - (New) Refinance Activities On May 28, a Request for Proposal (RFP) was sent out to 35 banks for the bank placement. Seven proposals were returned and reviewed by the refinance team in June. Upon review, JP Morgan Chase was selected as the winning bid. While a few local banks replied to the RFP, there was a significant difference in the interest rate offered by Chase. Highlights of the pending refinance include:  True interest cost of 1.19%, compared to current rates of 6.1% to 6.7%  10-year term, maturing June 1, 2030  New loan amount: $6,386,000  Net Present Value savings $1,115,124 over the life of the bonds, compared to earlier estimates of just over $700K.  Closing date: July 15 III. NEXT STEPS Next steps include the legal team drafting documents for review. Once finalized, the documents will be ready for an estimated closing date of July 15, 2020. Staff will incorporate the revised debt service expenditure amounts into the VRA budget in a future meeting. July 7, 2020 - Page 24 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Discussion about E -B ikes on the Vail Pass Trail P RE S E NT E R(S ): Gregg B arrie AC T IO N RE Q UE S T E D O F C O UNC I L: Council direction requested. B AC K G RO UND: S taff is requesting that the Town Council provide its position on whether e- bikes should be allowed on Vail P ass so that staff can respond to the process accordingly with C D O T and the US F S. The position may generally include support, support with conditions or do not support. S TAF F RE C O M M E ND AT IO N: Based on previous Town Council support allowing e-bikes on paved trails, staff recommends the Council support the use of e-bikes on the Vail P ass Trail with recommended conditions for both C D O T and the US F S, with conditions outlined in the memo. AT TAC H ME N TS: Description Memorandum July 7, 2020 - Page 25 of 82 To: Town Council From: Gregg Barrie, Department of Public Works Date: July 7, 2020 Subject: Discussion of electric bikes on Vail Pass I. PURPOSE Electric bikes or “e-bikes” are allowed to be operated on Town of Vail paved recreation trails in accordance with Colorado State Law. They are NOT allowed to be operated on the Vail Pass Recreation Trail, located outside of Town of Vail jurisdiction, for reasons outlined below. There is much discussion and even an ongoing effort by CDOT to allow the use of e-bikes on Vail Pass. Conversely, there are residents who prefer that e-bikes remain restricted from Vail Pass. The purpose of this Memorandum and agenda item is to provide context to the Town Council and to ask the Council to clarify a position on this issue so that staff can respond accordingly. II. BACKGROUND The Vail Pass Recreation Trail is operated and maintained by CDOT. Like I-70 on Vail Pass, much of the trail is located within an easement with the U.S. Forest Service (USFS) where it passes through USFS land. The CDOT general position is that the trail is a transportation route constructed as part of I-70, providing a continuous non-interstate bicycle route through Colorado, and that it should be managed under state law which allows Class I and Class II electric assisted bicycles on paved recreation trails. See Appendix A for a description of the e-bike Classes. The USFS general position is that e-bikes are motorized vehicles, and therefore not allowed on this trail, identified as trail #7-49, per the White River National Forest Travel Management Plan. Because the trail holds a USFS Trail designation, the current understanding is that e- bikes are prohibited. There is a sign at the base of the west side stating that e-bikes are not allowed. This prohibition is not enforced and on any given day, numerous e-bikes can be seen operating on the trail. Many of them are rentals out of Vail. CDOT regards this section from Vail to Frisco as a gap in the system and hopes to come to an agreement with the USFS to allow e-bikes on Vail Pass. The Town of Vail has no ownership, management or maintenance responsibilities on the trail. However, Vail’s residents and guests use the trail heavily and often look to the town as a resource – asking questions, reporting maintenance needs, filing complaints, etc. It is important that the Town can provide accurate information and education since most users on the west side originate from Vail. July 7, 2020 - Page 26 of 82 Town of Vail Page 2 The Vail Town Council first discussed the use of e-bikes on town-owned paved recreation trails in 2016. At that time, Council voted to allow the use of e-bikes on paved trails, over- riding state law. In 2018, when state law changed to allow e-bikes, Vail altered its ordinance to follow state law. In short, the Vail Town Council has supported the use of e-bikes on town- owned recreation trails. Recreation, guest experience and commuting opportunities were a few of the reasons the Council cited for supporting e-bikes on paved trails. III. CURRENT PATTERNS AND CONCERNS During the busy summer months, trail users include Vail and Eagle County residents, Vail and Eagle County guests and day users from around Colorado. Many bike shops in Vail rent both traditional and electric bikes, many of which are used to ride on Vail Pass. Several operators provide drop-off service at either the top or at the base of Vail Pass. Many of those dropped at the base are using e-bikes to ascend the pass and then ride back into Vail. Throughout the summer of 2019, town staff received numerous calls and emails about e- bikes on Vail Pass. The contacts were either complaints that they saw e-bikes on the trail or people asking if they could use their e-bikes on the trail. The most common complaint heard by town staff is that some e-bike users are operating in an unsafe manner – going too fast uphill, passing traditional bikes too close, not calling out or ringing a bell when passing, etc. Opinions vary on whether this is unsafe or just not showing common courtesy. Either way, the addition of e-bikes to Vail Pass and other local trails has simply made the trails busier, and that can always lead to the feeling that the trail is less safe. Per Vail Dispatch, there have been a total of ten bicycle-related accidents on Vail Pass over the past four summers, however, it is not known if any of them involved e-bikes. E-bikes are increasingly popular, and that trend will continue. E-bike rentals are common in most of Vail’s bike shops and they can be seen all over town ridden by guests and locals alike. It is important that the town accommodates their use in some way or another as they are not likely to go away. IV. CURRENT PROCESS As previously stated, CDOT would like to come to an agreement with the USFS that would allow e-bikes on the Vail Pass Trail. It will require some executive-level discussions within their organizations because of existing rules and definitions. Their decisions could have impacts on the Town of Vail in terms of the information we are providing to bike rental shops, tour operators, residents and guests. A virtual meeting within the CDOT organization is scheduled for July 16, and town staff has been invited to that meeting. It is an opportunity for the Town of Vail to express its opinions, concerns and recommendations on the issue. As the closest municipality (“local agency”) to the area in question, the opinion of the Town Council could influence the final decision and any potential conditions of approval. V. ACTION REQUESTED BY COUNCIL Staff is requesting that the Town Council provide its position on whether e-bikes should be allowed on Vail Pass so that staff can respond to the process accordingly with CDOT and the USFS. The position may generally include support, support with conditions or do not support. July 7, 2020 - Page 27 of 82 Town of Vail Page 3 VI. STAFF RECOMMENDATION Based on previous Town Council support allowing e-bikes on paved trails, the fact that the east (Summit County) side of the pass is working towards permanently allowing e-bikes, and that e-bike technology is here to stay, staff recommends the Council support the use of e- bikes on the Vail Pass Trail with recommended conditions for both CDOT and the USFS. Those conditions may include: • Bicycle etiquette signs posted at the base, top and along the trail • Posted speed limit signs (20 mph) • USFS permits for commercial operations should be spaced to reduce crowding In addition, staff recommends that the Town of Vail should work with bicycle and e-bike rental operations to provide bicycle education and etiquette. This could be helpful on all Vail recreation trails and in Village areas and could be provided in the form of: • Bicycle 101 brochure (draft form attached) • As a short 2-3 minute safety/etiquette video to be shown to bike renters prior to leaving the store • Require rental e-bikes to have a bell • Post speed limit and etiquette signage along Vail’s paved recreation trails Attachments: • Appendix A Classes of E-Bikes per Colorado Law • Draft education – Biking around Vail July 7, 2020 - Page 28 of 82 Town of Vail Page 4 Appendix A Classes of E-Bikes per Colorado Law The controlling statute in Colorado for most of the bike laws is C.R.S. Section 42-4-1412 and for electric bikes as defined in C.R.S. Section 42-1-102. Class I Pedal assist and provides electrical assistance up to 20 mph Class II Pedal or throttle assist (does not require pedaling) provides electrical assistance up to 20 mph Class III Provides electrical power up to 28 mph. Not allowed for riders under age 16 Under 18 must wear a helmet with a strap in place July 7, 2020 - Page 29 of 82 BIKING 101 • Wear a Helmet Wearing a helmet can reduce the risk of head injury to bicyclists by as much as 85 percent • Know Your Bike Before you go out on your ride make sure your bike fits you properly, check your seat height, tire pressure and brakes • Yield to Pedestrians Pedestrians always have the right of way. Be courteous and let people know you are behind them • Pass on Your Left Whether it be another biker or ped- estrian, say “passing on your left” and use your bike bell • Yield to Uphill Traffic The uphill rider always has the right of way, including on paved recreation paths, dirt roads and single track. If on single track, move off the trail for the uphill biker to pass • Don’t Text and Ride Two hands on the handlebars at all times, please E-BIKES • Vail Village and Lionshead are SLOW zones for all bikes (including e-bikes) • E-bike use is restricted on some local trails, including most soft-surface trails • Pay attention to signs designating trail and road use Please turn off your e-bike at: • All children’s playgrounds • All turf areas • All sidewalks that are not designated ped/bike paths • Where any motorized vehicles are prohibited Vail Village Welcome Center 241 South Frontage Road 970.477.3522 Lionshead Welcome Center 395 South Frontage Road West 970.477.3523vailgov.com/welcome-to-vail solepower.org BIKING ON THE ROAD • Bike with traffic, the same direction as motor vehicles, on the side of the road, in the bike lane, or close to the sidewalk • Yield to traffic that is already on the road • Always bike in a single file. This includes the Vail Pass Bike Path • In roundabouts, bikers should “Take a Lane” and act as a motor vehicle would if they are moving through • Use proper bike signals when making turns, especially in the roundabouts • At crosswalks, use the flashing lights • Stop at all stop signs • Allow faster bikers to pass RIDER CHECKLIST Helmet Sunscreen Closed Toe Shoes Sunglasses BIKING around Vail Water Bottle Snacks Extra Layer of Clothing discovervail.comJuly 7, 2020 - Page 30 of 82 6 Trail descriptions and information courtesy of USFS. Vail Mountain facilities, operated by Vail Associates, Inc., are located within the White River National Forest and are under permit from the Forest Service, USDA.North Frontage RoadSouth Frontage RoadSouth Fronta g e R o a d Gore Valley Trail turns into Eagle Valley Trail as you head west Gore Valley Trail turns into Vail Pass Bike Trail as you head east Bi g h o r n R o a d EXIT180 EXIT176 EXI T173 VAIL TRANSPORTATION CENTER Free Vail Tranist buses with bike racks WEST VAIL EAST VAIL VAIL VAIL MOUNTAIN GORE VALLEY TRAIL BIKING around Vail Vail Village Welcome Center 241 South Frontage Road 970.477.3522 Lionshead Welcome Center 395 South Frontage Road West 970.477.3523vailgov.com/welcome-to-vail solepower.org discovervail.com Photos by Townsend BessentJuly 7, 2020 - Page 31 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Bicycle Dismount Zones Discussion P RE S E NT E R(S ): Gregg B arrie, Senior L andscape Architect AC T IO N RE Q UE S T E D O F C O UNC I L: Discuss the considerations and options provided in the staff Memorandum and provide direction to staff on next steps. B AC K G RO UND: The pedestrian areas of Vail Village and L ionshead can feel congested at times. During those times, the speed variation between pedestrians, bicycles, electric bicycles and other new forms of transportation such as S egways, scooters and hoverboards can create what feels like less-than-safe conditions. I t has been suggested that “dismount zones” in village areas could offer a solution. T he purpose of this agenda item is to discuss options around dismount zones and to offer other potential solutions AT TAC H ME N TS: Description Staff memorandum July 7, 2020 - Page 32 of 82 To: Town Council From: Gregg Barrie, Department of Public Works Date: July 7, 2020 Subject: Discussion of Dismount Zones in Pedestrian Areas I. PURPOSE The pedestrian areas of Vail Village and Lionshead can feel congested at times. During those times, the speed variation between pedestrians, bicycles, electric bicycles and other new forms of transportation such as Segways, scooters and hoverboards can create what feels like less-than-safe conditions. It has been suggested that “dismount zones” in village areas could offer a solution. The purpose of this agenda item is to discuss options around dismount zones and to offer other potential solutions. II. BACKGROUND Previous Town Councils have discussed the idea of creating bicycle dismount zones in some busy areas of Vail’s pedestrian zones. However, there has not been a decision to create or enforce dismount zones for various reasons, some of which are outlined below. There is currently one dismount zone on private property near Arrabelle in Lionshead. In addition, bikers are asked to dismount on some stairways in Vail Village. Research conducted by the Vail Police Department indicates that municipalities have the authority to create dismount zones. The implementation of dismount zones does not require a new ordinance. The complete memorandum from the Vail PD is attached as Appendix A. Per available records, there have been two reported pedestrian/bicycle incidents within Vail’s pedestrian areas since 2014. One was in Lionshead, one was in Vail Village, both during 2015. However, the Vail PD is transitioning to a new record system and this may not be a complete reporting of all incidents. More complete information will be available by mid-July. III. CONSIDERATIONS As noted above, the pedestrian areas in Vail are often busy with people. Fast, unpredictable operation of bicycles in those areas can present a hazard or feeling of an unsafe situation for some people. In addition, there are sometimes concerns/conflicts with transit operations along East Meadow Drive. However, the villages are not always crowded, and safe operation of bicycles is often feasible. Special events such as Vail America Days and the Farmer’s Market may require a different approach than other days. Some considerations that may affect the choices for implementing dismount zones are listed below. July 7, 2020 - Page 33 of 82 Town of Vail Page 2 1. Vail is an active community and identified as a Sustainable Destination. People are encouraged to use alternative transportation methods, and many choose to do so. Dismount zones, especially for large areas, may influence their choices. 2. Vail is identified as a Silver Level Bicycle Friendly Community by the League of American Cyclists, a designation that we apply for every four years. Vail’s status is up for renewal in 2021. One of the specific questions that helps determine our status is whether we enforce dismount zones. It is assumed that enforced dismount zones are a negative for the purpose of the BFC designation. 3. Vail’s recreation-based economy promotes bike rentals, Segway tours and other active outdoor activities. Many of Vail’s bike rental businesses are located in areas that may be affected by potential dismount zones, which could impact business. 4. Consideration should be given to how any potential dismount zones would be enforced. IV. DISCUSSION TOPICS 1. Which areas of the pedestrian villages have the most conflict between bicycles and pedestrians? 2. Could “Bicycle Slow Zones” be created and signed appropriately, similar to Slow Zones on Vail Mountain? 3. Some electric bike (e-bike) operators tend to go faster than they should, especially younger riders. This can also be an issue on paved recreation trails. Can the Town of Vail engage bike rental shops to promote bicycle etiquette and safety? a. Biking in Vail brochure (draft is attached) b. Short 2-3 minute video that all bike renters should watch before leaving the store, similar to rafting or snowmobile safety talk. This could be produced by the town and provided to rental shops for free. 4. If dismount zones are desired, can they be implemented only during especially buy times or during special events such as GoPro and Vail America Days? Can the size of dismount zones be limited to only the most congested areas of the villages? 5. Is there a way to use the host program to help promote safe riding? 6. Vail’s recreation trails are busy during peak summer months with a variety of users. Staff proposes that the town should work towards an education and etiquette program for all of Vail’s bicycle areas. This program should engage bike/e-bike rental shops. Etiquette and speed limit signs should be added to Vail’s trails. V. ACTION REQUESTED BY COUNCIL Staff is requesting that the Town Council discuss the information provided above and to provide direction to staff for next steps, if any. VI. STAFF RECOMMENDATION Staff suggests that this is a complex issue that warrants further discussion. At a minimum, staff would recommend the addition of “Bicycle Slow Zones” in congested areas of Vail’s pedestrian villages. In addition, staff would recommend the formulation of a work group that could include the Vail Police Department, Environmental, Economic Development, Public Works, Community Information and the Information Centers to promote safe cycling in Vail. Attachments: • Dismount Zone feasibility memorandum – Vail Police Department • Draft education – Biking around Vail July 7, 2020 - Page 34 of 82 To: Vail Town Council From: Dwight Henninger, Chief of Police Justin Dill, Sergeant Date: June 24, 2020 Subject: Bicycle Dismount Zone in Vail Village I. SUMMARY The question has been raised if the Town can implement a bicycle dismount zone in the area of Bridge Street and Gore Creek Drive, the answer is yes. If Council desires the Village area to be a bicycle dismount zone, this can be accomplished. II. DISCUSSION After some research into the legality of a bicycle dismount zone covering the Village Street in the Town of Vail, we have the authority to erect official traffic control devices to create a designated bicycle dismount zone. Staff recommends this new proposal to exclude the Pedi cabs as they have a specific Town ordinance regulating their operating capability. Staff does not believe we need to enact a separate ordinance to create a dismount zone based on existing statute and code. We have been unable to locate any specific ordinance in cities enforcing dismount zones, like Ft. Collins, beyond obedience to official traffic control devices. Currently the stairs on Wall Street and near the Children’s Fountain have dismount signs. July 7, 2020 - Page 35 of 82 Town of Vail Page 2 III. STATUES, CODES AND CASE LAW Following is the pertinent Colorado Revised Statues and Model Traffic Code citations as well as a case law citation with respect to home-rule and enacting laws of municipal concern if it were determined a desire to create a specific municipal ordinance. Included is language defining a dismount zone from the Safe Commuting Rules and Regulations Colorado State University in Ft. Collins. Under C.R.S. 42-4-1412 (10)(b) and Model Traffic Code 1412: 42-4-1412. Operation of bicycles, electric scooters, and other human-powered vehicles (1) A person riding a bicycle, electrical assisted bicycle, or electric scooter has all of the rights and duties applicable to the driver of any other vehicle under this article 4, except as to special regulations in this article 4, except as provided in section 42-4-1412.5, and except as to those provisions that by their nature can have no application. Bicycle, electrical assisted bicycle, or electric scooter riders shall comply with the rules set forth in this section and section 42-4-221, and, when using streets and highways within incorporated cities and towns, are subject to local ordinances regulating the operation of bicycles, electrical assisted bicycles, and electric scooters as provided in section 42-4- 111. Notwithstanding any contrary provision in this article 4, when a county or municipality has adopted an ordinance or resolution pursuant to section 42-4-1412.5, riders are subject to the local ordinance or resolution. (10) (b) A person shall not ride a bicycle, electrical assisted bicycle, or electric scooter upon and along a sidewalk or pathway or across a roadway upon and along a crosswalk where the use of bicycles, electrical assisted bicycles, or electric scooters is prohibited by official traffic control devices or local ordinances. A person riding a bicycle, electrical assisted bicycle, or electric scooter shall dismount before entering any crosswalk where required by official traffic control devices or local ordinances. Under 42-4-111(1)(C) and 42-4-111(1)(Y): 42-4-111. Powers of local authorities (1) Except as otherwise provided in subsection (2) of this section, this article 4 does not prevent local authorities, with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power, from: (c) Regulating traffic by means of police officers or official traffic control devices, consistent with the provisions of this article; July 7, 2020 - Page 36 of 82 Town of Vail Page 3 (y) Regulating the local movement of traffic or the use of local streets where such is not provided for in this article; Here is a case law citation regarding home rule and matters of municipal concern: Municipal ordinance of local concern supersedes conflicting state statute. Under the home-rule amendment, once a matter is determined to be a matter of local and municipal concern, any local ordinance in a home-rule city addressing the matter will supersede a conflicting state statute. People v. Hizhniak, 195 Colo. 427, 579 P.2d 1131 (1978). The following references were obtained from: https://police.colostate.edu/files/2020/01/Safe-Commute-Rules-and-Regulations.pdf Dismount Zone = all areas of the University posted for no riding and marked with ground graphics and/or “Dismount” signs. All Dismount Zones apply to all forms of wheeled conveyances. 1. Dismount is defined as “walking with both feet on the ground, beside the bicycle or scooter.” 2. Dismount is defined as “carrying the board by hand or bag.” 3. Dismount is defined as “carrying the rollerblades (skates) by hand or bag.” Q. Skateboard = any device consisting of a footrest mounted on wheels less than fourteen inches (14”) in diameter, upon which a person may ride, that is propelled solely by human power. This includes roller -skates, rollerblades (in-line skates) and non- motorized kick scooters. These devices are not vehicles. They are considered toys by CRS code. SAFETY VIOLATIONS The following actions are considered to be safety violations and subject the violator to a $35.00 fine: • Operating in a dismount zone IV. CONCLUSION If Council desires to implement a bicycle dismount zone for the Village, this can be done with the existing legislation at your direction. July 7, 2020 - Page 37 of 82 BIKING 101 • Wear a Helmet Wearing a helmet can reduce the risk of head injury to bicyclists by as much as 85 percent • Know Your Bike Before you go out on your ride make sure your bike fits you properly, check your seat height, tire pressure and brakes • Yield to Pedestrians Pedestrians always have the right of way. Be courteous and let people know you are behind them • Pass on Your Left Whether it be another biker or ped- estrian, say “passing on your left” and use your bike bell • Yield to Uphill Traffic The uphill rider always has the right of way, including on paved recreation paths, dirt roads and single track. If on single track, move off the trail for the uphill biker to pass • Don’t Text and Ride Two hands on the handlebars at all times, please E-BIKES • Vail Village and Lionshead are SLOW zones for all bikes (including e-bikes) • E-bike use is restricted on some local trails, including most soft-surface trails • Pay attention to signs designating trail and road use Please turn off your e-bike at: • All children’s playgrounds • All turf areas • All sidewalks that are not designated ped/bike paths • Where any motorized vehicles are prohibited Vail Village Welcome Center 241 South Frontage Road 970.477.3522 Lionshead Welcome Center 395 South Frontage Road West 970.477.3523vailgov.com/welcome-to-vail solepower.org BIKING ON THE ROAD • Bike with traffic, the same direction as motor vehicles, on the side of the road, in the bike lane, or close to the sidewalk • Yield to traffic that is already on the road • Always bike in a single file. This includes the Vail Pass Bike Path • In roundabouts, bikers should “Take a Lane” and act as a motor vehicle would if they are moving through • Use proper bike signals when making turns, especially in the roundabouts • At crosswalks, use the flashing lights • Stop at all stop signs • Allow faster bikers to pass RIDER CHECKLIST Helmet Sunscreen Closed Toe Shoes Sunglasses BIKING around Vail Water Bottle Snacks Extra Layer of Clothing discovervail.comJuly 7, 2020 - Page 38 of 82 6 Trail descriptions and information courtesy of USFS. Vail Mountain facilities, operated by Vail Associates, Inc., are located within the White River National Forest and are under permit from the Forest Service, USDA.North Frontage RoadSouth Frontage RoadSouth Fronta g e R o a d Gore Valley Trail turns into Eagle Valley Trail as you head west Gore Valley Trail turns into Vail Pass Bike Trail as you head east Bi g h o r n R o a d EXIT180 EXIT176 EXI T173 VAIL TRANSPORTATION CENTER Free Vail Tranist buses with bike racks WEST VAIL EAST VAIL VAIL VAIL MOUNTAIN GORE VALLEY TRAIL BIKING around Vail Vail Village Welcome Center 241 South Frontage Road 970.477.3522 Lionshead Welcome Center 395 South Frontage Road West 970.477.3523vailgov.com/welcome-to-vail solepower.org discovervail.com Photos by Townsend BessentJuly 7, 2020 - Page 39 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: D R B / P E C Update P RE S E NT E R(S ): J onathan S pence, Planning Manager AT TAC H ME N TS: Description June 17, 2020 D R B Meeting Results June 22, 2020 P E C Meeting Results July 7, 2020 - Page 40 of 82 D E S IG N R E V IE W B O AR D June 17, 2020, 3:00 P M Town Council Chambers & Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_uL2RW 7T5RNmsr49J orij_Q After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: Peter Cope, David Campbell, Doug Cahill, Kit Austin Absent: J ohn Rediker 2.Main Agenda 2.1.D R B20-0134 - Vail Ptarmigan Residence Final review of change to approved plans (addition of subterranean space) Address/Legal Description: 1067 Ptarmigan Road / Vail Village Filing 7 & 10 Applicant: Vail Ptarmigan LLC, represented by Sipes Architects L L C Planner: Erik Gates David Campbell moved to approve. Kit Austin seconded the motion and it passed (4-0). Absent:(1)Rediker 2.2.D R B20-0191 - Lion Square Condo Final review of an exterior alteration (stair replacement) Address/Legal Description: 660 Lionshead Place/Lot 1, Vail Lionshead Filing 1 First Addition Applicant: Lion Square Condominiums, represented by Larry Deckard Architect Planner: J onathan Spence 1. Prior to submitting for building permit, the applicant shall amend the plans to remove the dutch hip roof element, adjust the roof line to align with the existing roof, demonstrate that the shutters will be held off the building a minimum of 1.5” and enlarge either the windows or shutters so they align with the top window. David Campbell moved to approve with conditions. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker July 7, 2020 - Page 41 of 82 2.3.D R B20-0196 - Sturm Residence Final review of a change to approved plans (landscaping) Address/Legal Description: 5044 Main Gore Drive/Lot 2, Vail Meadows Filing 1 Applicant: Leisa K. Sturm Revocable Trust of 2004, represented by Porterfield & Oliver Planner: J onathan Spence David Campbell moved to approve. Kit Austin seconded the motion and it passed (4-0). Absent:(1)Rediker 2.4.D R B20-0213 - Dikeou & 2401 Blake LL C Residences Final review of an exterior alteration (sky bridge) Address/Legal Description: 352 Beaver Dam Circle/Lot 5, Block 3, Vail Village Filing 3 Applicant: Panayes Dikeou & 2401 Blake L L C, represented by A H Architecture P C Planner: J onathan Spence David Campbell moved to table to J uly 1, 2020. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker 2.5.D R B20-0223 - Brandess Enterprises Final review of exterior alteration (repaint) Address/Legal Description: 2077 North Frontage Road West Unit 39 / Buffehr Creek Resub Applicant: Brandess Enterprises, represented by Mc Neill Property Management Planner: J onathan Spence David Campbell moved to table. Kit Austin seconded the motion and it passed (4-0). Absent:(1)Rediker 2.6.D R B20-0129 - Chase Bank The applicant has requested this item be tabled to the J uly 1, 2020 D RB Meeting. Final review of exterior alteration (ATM & Enclosure) Address/Legal Description: 1 W illow Bridge Road/Lot 2, Sonnenalp Subdivision Applicant: Chase Bank, represented by A P MI I nc. Planner: Greg Roy David Campbell moved to table to J uly 1, 2020. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker July 7, 2020 - Page 42 of 82 2.7.D R B20-0137 - Spilled W ine Too LL C The applicant has requested this item be tabled to the J uly 1, 2020 D RB Meeting. Final review of an exterior alteration (hot tub/pool/patio) Address/Legal Description: 182 W est Meadow Drive/Lot 5E, Vail Village Filing 2 Applicant: Spilled W ine Too L L C, represented by Mark Odom Studio Planner: Greg Roy David Campbell moved to table to J uly 1, 2020. Peter Cope seconded the motion and it passed (4-0). Absent:(1)Rediker 2.8.D R B20-0120 - Hovey Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1339 Westhaven Circle/Lot 23, Glen Lyon Subdivision Applicant: Nancy Hovey, represented by Umbrella Roofing Planner: Greg Roy 1. Prior to the next D RB approval for the reroof of the North and East portion of the roof, the applicant shall utilize the CertainTeed Presidential Aged Bark shingles approved in this application. David Campbell moved to approve with conditions. Kit Austin seconded the motion and it passed (4-0). Absent:(1)Rediker 2.9.D R B19-0699.001 - Pepi's Sports Final review of a change to approved plans (reduced scope) Address/Legal Description: 231 Gore Creek Drive/Lot A, Block 5B, Vail Village Filing 1 Applicant: Gasthof Gramshammer I nc., represented by Zehren and Associates I nc. Planner: Greg Roy 1. Prior to final inspection for the building permit, the applicant shall ensure the posts between the windows are clad in wood to match the existing wood siding on the building. David Campbell moved to approve with conditions. Kit Austin seconded the motion and it passed (3-1). Ayes:(3)Austin, Cahill, Campbell Nays:(1)Cope Absent:(1)Rediker 3.Staff Approvals 3.1.B20-0190 - Kruszewski Residence Final Review of an exterior alteration (reroof) July 7, 2020 - Page 43 of 82 Address/Legal Description: 1575 Aspen Ridge Road/Lot 4, Block 4, Lion's Ridge Subdivision Filing 3 Applicant: Ronald J . Kruszewski Revocable Trust, represented by J ohnson Construction Company Planner: J onathan Spence 3.2.B20-0193 - Farhart Residence Final review of an exterior alteration (reroof) Address/Legal Description: 4415 Bighorn Road Unit 1/Lot 2, Block 3, Bighorn Subdivision 3rd Addition Applicant: Ray Farhart, represented by Roundtree Builders Planner: J onathan Spence 3.3.D R B19-0221 - Russell Residence Final review of an exterior alteration (deck/handrails/roof) Address/Legal Description: 1101 Vail View Drive Unit A/Lot 11, Casolar Vail I I Applicant: W illiam Russell I I I , represented by Valley Repair and Snow Removal Planner: J onathan Spence 3.4.D R B20-0142 - W heaton Residence Final review of an exterior alteration (landscaping) Address/Legal Description: 1798 Alpine Drive/Lot 13, Vail Village West Filing 1 Applicant: Philip Cody W heaton, represented by Zehren and Associates Planner: Erik Gates 3.5.D R B20-0152 - Sundial Townhomes Final review of an exterior alteration (reroof) Address/Legal Description: 5040 Main Gore Place/Sundial Phase 2 Applicant: Sundial Townhomes, represented by J J GG Roofing Planner: Greg Roy 3.6.D R B20-0178 - Hilliard W est L LC Final review of an exterior alteration (roof/deck/driveway/trash) Address/Legal Description: 1801 Sunburst Drive Unit A/Lot 2, Vail Valley Filing 3 Applicant: Hilliard W est L L C, represented by Pierce Austin Architects Planner: Erik Gates 3.7.D R B20-0180 - Dupuis Residence Final review of an exterior alteration (deck) Address/Legal Description: 1975 West Gore Creek Drive Unit 25/Lot 29-42, Vail Village West Filing 2 Applicant: Pamela Dupuis Planner: Greg Roy 3.8.D R B20-0181 - King Residence July 7, 2020 - Page 44 of 82 Final review of a tree removal Address/Legal Description: 272 W est Meadow Drive Unit B/Lot 9, Vail Village Filing 2 Applicant: J ames King, represented by Mountain Valley Ventures Planner: Greg Roy 3.9.D R B20-0184 - Slifer Building L LC Final review of an exterior alteration (reroof) Address/Legal Description: 230 Bridge Street/Lot 5, Block B, Vail Village Filing 1 Applicant: Slifer Building L L C, represented by Shaeffer Hyde Construction Planner: J onathan Spence 3.10.D R B20-0185 - Chamonix Chalets Final review of exterior alteration (re-roof) Address/Legal Description: 2450, 2456 & 2489 Chamonix Lane / Vail Das Schone Filing 1 Applicant: Mountain Valley Property Management Planner: Erik Gates 3.11.D R B20-0187 - Bortz Residence Final review of an exterior alteration (windows/doors) Address/Legal Description: 4770 Bighorn Road Unit 2C/Racquet Club Townhomes Applicant: Maxine Bortz, represented by MP P Design Shop I nc. Planner: Erik Gates 3.12.D R B20-0188 - Manta Residence Final review of an exterior alteration (windows/doors) Address/Legal Description: 4770 Bighorn Road Unit 1C/Racquet Club Townhomes Applicant: J ohn Mark Manta, represented by MP P Design Shop I nc. Planner: Erik Gates 3.13.D R B10-0273.001 - Vail Core Condo Final review of a change to approved plans (reroof) Address/Legal Description: 122 East Meadow Drive/Tract 5C, Lot 5E, Vail Village Filing 1 Applicant: Vail Core Condos, represented by Turner Morris, I nc. Planner: Erik Gates 3.14.D R B20-0190 - First Bank of Vail Final review of an exterior alteration (French drain/tree removal) Address/Legal Description: 2271 North Frontage Road West/Lot 1, Vail Das Schone Filing 1 Applicant: First Bank of Vail, represented by Continental Construction L L C Planner: Erik Gates July 7, 2020 - Page 45 of 82 3.15.D R B20-0194 - Harris Residence Final review of an exterior alteration (door) Address/Legal Description: 4770 Bighorn Road Unit 1J /Racquet Club Townhomes Applicant: Theodore Harris, represented by Burke Harrington Construction Planner: Greg Roy 3.16.D R B20-0197 - Booth Falls Mountain Homes Final review of a tree removal Address/Legal Description: 3094 Booth Falls Road/Lot 1, Block 2, Vail Village Filing 12 Applicant: Booth Falls Mountain Homes, represented by Old Growth Tree Service Planner: Erik Gates 3.17.D R B20-0199 - Newsam Residence Final review of an exterior alteration (gas line) Address/Legal Description: 2753 Kinnikinnick Road Unit B2/Meadow Creek Condominiums Applicant: Sara Newsam Planner: J onathan Spence 3.18.D R B20-0200 - Aasland Residence Final review of a tree removal Address/Legal Description: 2527 Arosa Drive / Lot 3, Vail Das Schone Filing 1 Applicant: Galen Aasland Planner: Erik Gates 3.19.D R B20-0201 - Forest Road B L LC Final review of a tree removal Address/Legal Description: 706 B Forest Road / Lot 9, Block 1, Vail Village Filing 6 Applicant: Forest Road B LLC, represented by Old Growth Tree Service Planner: J onathan Spence 3.20.D R B20-0202 - 770 Potato Patch Drive Condos Final review of an exterior alteration (reroof) Address/Legal Description: 770 Potato Patch Drive/Lot 6, Block 2, Vail Potato Patch Filing 1 Applicant: 770 Potato Patch Drive Condos, represented by Turner Morris I nc. Planner: Erik Gates 3.21.D R B20-0203 - Price Residence Final review of tree removal Address/Legal Description: 354 Beaver Dam Road (North) / Vail Village Filing 3 July 7, 2020 - Page 46 of 82 Applicant: Kent Price, represented by Old Growth Tree Service Planner: J onathan Spence 3.22.D R B20-0206 - Courtney Residence Final review of an exterior alteration (windows) Address/Legal Description: 508 East Lionshead Circle Unit 207/Lot 1, Block 1, Vail Lionshead Filing 1 Applicant: J ohn & Mary Lou Courtney, represented by High Mountain Builders Planner: J onathan Spence 3.23.D R B19-0645.001 - Vail Spa Condos Final review of change to approved plans. Address/Legal Description: 710 W est Lionshead Circle / Vail Lionshead Filing 3 Applicant: Vail Spa Condos, represented by K H W ebb Architects Planner: J onathan Spence 3.24.D R B20-0208 - Ringoen Residence Final review of an exterior alteration (reroof) Address/Legal Description: 2985 Manns Ranch Road Unit 1/Lot 7, Block 1, Vail Village Filing 13 Applicant: David & Kristen Ringoen, represented by Horizon Roofing Planner: J onathan Spence 3.25.D R B20-0209 - Vail Golfcourse Townhomes Final review of tree removal Address/Legal Description: 1720 Sunburst Drive / Sunburst Filing 3 Applicant: Vail Golfcourse Townhomes, represented by Vail Valley Tree Service Planner: J onathan Spence 3.26.D R B20-0210 - Chamonix Vail Final review of an exterior alteration (patio) Address/Legal Description: 2363 Upper Traverse Way Unit 23/Parcel B, Vail Das Schone Filing 1 Applicant: Kevin Denton Planner: J onathan Spence 3.27.D R B20-0212 - Schmidt Residence Final review of tree removal Address/Legal Description: 2596 Davos Trail / Lot 3, Block E, Vail Das Schone Filing 1 Applicant: Hugh Schmidt, represented by Old Growth Tree Service Planner: J onathan Spence 3.28.D R B20-0214 - MH V Residence Final review of tree removal July 7, 2020 - Page 47 of 82 Address/Legal Description: 600 Vail Valley Drive Unit F2 / Tract B, Vail Village Filing 7 Applicant: MHV I nc., represented by Old Growth Tree Service Planner: J onathan Spence 3.29.D R B20-0015.001 - Fleeger Family First L P Final review of a change to approved plans (pool/patio) Address/Legal Description: 1183 Cabin Circle/Lot 1, Block 1, Vail Valley Filing 1 Applicant: Fleeger Family First LP, represented by Berglund Architects Planner: J onathan Spence 3.30.D R B20-0232 - Town of Vail Final review of an exterior alteration (electric bus chargers) Address/Legal Description: 231 East Meadow Drive/Tract B & C, Vail Village Filing 1 Applicant: Town of Vail Planner: J onathan Spence The applic ations and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of items are approximate, subject to c hange, and cannot be relied upon to determine at what time the Design Review Board will c onsider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. July 7, 2020 - Page 48 of 82 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N J une 22, 2020, 1:00 P M Town Council C hambers & Virtual 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_iBe9e3NP SwKdnAd7FQTBeg 1.2.Attendance Present: Ludwig Kurz, Karen Perez, Henry Pratt, J ohn-Ryan Lockman, Rollie Kjesbo, Pete Seibert, Brian Gillette (arrived late) 2.Main Agenda 2.1.A request for a recommendation to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-10-6 Parking; Off Site and J oint Facilities, Vail Town Code, to refine standards to be used in the review of such proposals and to clarify the review process and other considerations, and setting forth details in regard thereto. (P E C20-0007) The applicant has requested this item be tabled to the J uly 13, 2020 P E C meeting. 5 min. Applicant:Braun Associates, I nc. Planner:Greg Roy Rollie Kjesbo moved to table to J uly 13, 2020. Karen Perez seconded the motion and it passed (6-0). Absent:(1)Gillette 2.2.A request for the review of a variance from Section 11-6 Business and Building I dentification Signs, Vail Town Code, in accordance with the provisions of Section 11-10, Variances, Vail Town Code, to allow for a variance to the number of allowable free standing signs, located at 2109 North Frontage Road West/Vail Commons Condominiums (City Market), and setting forth details in regard thereto. (P E C20-0011) 20 min. Applicant:Town of Vail/Dillon Real Estate Co., represented by Zehren and Associates Planner:J onathan Spence & Erik Gates 1. Approval of this sign variance is contingent upon the applicant obtaining Town of Vail approval of an associated design review application. Planner Spence points out the differences between a regular variance and a sign variance. July 7, 2020 - Page 49 of 82 Pedro Campos with Zehren gives an introduction to the team and the gives an overview of the project. Commissioner Gillette joined the meeting. Tim Halbakken with Zehren and Associates introduces himself and goes over the request for the sign variance. Lockman had questions on the use of the downstairs parking. Applicants stated that it is seldom used. Continued to describe the condition of the downstairs garage and the idea passed to the owner to improve the area. Kurz offered comments as to why he believes it is underutilized and was hoping that improvements to the downstairs lot would be included. Applicant states that would be the intent. Lockman added that the site is seeing more pedestrians around the east side of the building and is wondering if there are plans to improve crosswalks or signs in that area. Spence says he will relay those concerns to the Public Works department. He iterates that staff is in support of the proposal. I nforms the P E C they are not looking at the signs, but that there would be allowed 2 instead of just 1. Pratt states that he sees a lot of traffic in that area during the winter. Tells the applicants that to see more utilization of the lower level they need to improve the experience of the users. That people avoid this area by choice, even though they know it is there. No public comments. Rollie Kjesbo moved to approved with conditions. Henry Pratt seconded the motion and it passed (7-0). 2.3.A request for the review of a variance from Section 14-5-2 (H): Other Requirements, Landscaping, Vail Town Code, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, to allow for a variance to the required parking lot landscaping to allow for the redesign of the existing surface parking lot, located at 2109 North Frontage Road West/Vail Commons Condominiums (City Market), and setting forth details in regard thereto. (P E C20-0012) The applicant has withdrawn this application. Applicant:Town of Vail/Dillon Real Estate Co., represented by Zehren and Associates Planner:J onathan Spence & Erik Gates 3.Approval of Minutes 3.1.J une 8, 2020 P E C Results Rollie Kjesbo moved to approve. Karen Perez seconded the motion and it passed (7-0). July 7, 2020 - Page 50 of 82 4.I nformational Update 4.1.An update to the Planning and Environmental Commission on the Realignment of the Gore Valley Trail in the vicinity of the Lionshead Base Area. 20 min. Applicant:Town of Vail, represented by Todd Oppenheimer Planner:J onathan Spence Planner Spence introduces Todd Oppenheimer and introduces the project. Oppenheimer goes over the scope of the project and the reason behind the redesign. Notes that Vail Resorts is a partner in the project and has helped to fund the design. Goes over the segments of the project and the design to this point. Pratt asks about the price of the project and the relation of the bridge and the big spruce. Oppenheimer states that there was not a lot of cost difference in saving the tree or not, and that the bridge design did not have a lot to do with the cost. Lockman asks about the staircase for commercial access and signage. Lists concerns about the use of stairs and the amount of mountain bikes that could potentially use the stairs. Oppenheimer says they have not gotten to that stage of the design but lists possible ways to alleviate that possibility. Kurz questions on how the trail is closed during the winter at this time, but would the changes allow for some of the trail to be open during the winter. Oppenheimer says that there would still have to be a closure in the winter for the magic carpet grooming. 5.Adjournment Karen Perez moved to adjourn. Henry Pratt seconded the motion and it passed (7-0). The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department July 7, 2020 - Page 51 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Community P olling Discussion Update AT TAC H ME N TS: Description Vail Town Council Memorandum November 2020 Ballot Initiative 07072020 July 7, 2020 - Page 52 of 82 1 MEMORANDUM To: Vail Town Council From: George Ruther, Housing Director Date: July 7, 2020 Re: INFORMATION ONLY - November 2020 Ballot Initiative Polling Discussion – Long-Term Funding for Housing I. PURPOSE The purpose of this memorandum is to provide a follow up to a discussion with the Vail Town Council on May 5th to determine the level of support for continuing forward with a second community polling survey on the topic of establishing a dedicated, long-term source of funding for deed-restricted housing programs and developments in Vail. II. BACKGROUND Prior to the onset of the Covid- 19 global pandemic the Vail Town Council and the Vail Local Housing Authority had been collaborating and discussing the pursuit of a long-term source of funding for housing in the Vail community. Identifying and securing a long-term source of funding is a high priority action prescribed within the Vail Housing 2027 Strategic Plan. To that end, the Vail Local Housing Authority was charged with completing a community polling survey in the spring of 2019. On May 5th, the Town staff and the consultant team of Magellan Strategies and Summit Information Services presented information to the Vail Town Council regarding the appropriateness of continuing forward with a second community polling survey on the topic of establishing a dedicated, long-term source of funding for deed-restricted housing programs and developments in Vail in light of the Covid-19 global pandemic. At that time, the Vail Town Council unanimously supported taking a “wait and see” approach in an effort to better understand the impacts of Covid-19 on the Vail community and instructed Town staff to return to the first meeting in July to provide an update on any significant changes in conditions along with a recommendation for moving forward. July 7, 2020 - Page 53 of 82 2 III. RECOMMENDATION The factors and conditions which caused the Vail Town Council to take pause with moving forward with a 2020 ballot initiative on May 5th have remained largely unchanged. While the means in which the Vail community is addressing the Covid-19 global pandemic are evolving, there is little new reason to believe that a 2020 ballot initiative to create a dedicated, long-term source of funding would be favorably supported by registered voters in Vail. According to the consultant team, there remains too much uncertainty in the economy and no clear path forward on how best to address the Covid-19 global pandemic. It appears a second round of community polling would be ineffective. To that end, the Town staff recommends the Vail Town Council and the Vail Local Housing Authority revisit this issue in the winter/spring of 2021. A reconsideration in early 2021 affords ample time to prepare for a future community polling and ballot consideration. Clearly, the need for a dedicated source of funding is required to help ensure the Vail community realizes its adopted goal for acquiring deed restrictions, however, given the circumstances, now is not the appropriate time to pursue that funding source. July 7, 2020 - Page 54 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: C S E Meeting Minutes AT TAC H ME N TS: Description June C S E Meeting Minutes July C S E Meeting Minutes - D R AFT July 7, 2020 - Page 55 of 82 COMMISSION ON SPECIAL EVENTS MEETING Virtual Meeting (call in info below) https://us02web.zoom.us/webinar/register/WN_yRMpkgrrT-6ImnVKOnC1_g Wednesday, JUNE 3, 2020 @ 8:30a.m.-10:15a.m. Minutes : Meeting materials can be accessed at the following link: June 3, 2020 Meeting Materials All members present Attendees: Jeremy Gross, Liz Gladitsch, Mia Vlaar, Beth Pappas, Danita Dempsey, David Sorren, Kristin Cooley, Amanda Blevins, Beth Pantzer, Cody Cunningham, Helene Mattison, Ian Warda, Isabel Piaggi, Mark Christie, Meghan Scallen, Michael Cacioppo, Mikayla Curtis, Peggy Wolfe, Ryan Slater, Sacha Kostick, Sarah Franke, Skip Thurnauer, Taylor Smith, Whitney Heingartner, Jason Ornstein, Diane Moody 1. 8:30a.m.: Administrative Items (5 minutes) a. Approval of the Minutes from the CSE Meeting on 5/20/2020 • Motion to approve the minutes from the May 20 CSE meeting. • Rediker/Davis/Unanimous b. VLMDAC and VEAC Updates • VEAC 1. Vail Economic Recovery Taskforce and VEAC have been focused on the following: a. Restaurants Temporary Expansion of Premise b. Retail Temporary Expansion of Premise c. Allowing Consumption of Alcoholic Beverages in Designated Public Places d. PPE, Social Distancing and Hand Washing Stations e. Rental Relief Program • VLMDAC 1. Launched summer campaign focusing on Front Range, >500 mile drive markets and select <500 mile long haul markets through the fall. 2. View campaign and community toolkit here: https://www.dropbox.com/s/7hyq6yr8m0syaah/VLMDCampaignDe ck-6.3.2020.pdf?dl=0 3. Town Council meeting on 6/2 approved 30% reduction in budget c. Upcoming Meeting Reminders • July 1, 2020 d. Town and CSE Budget Discussion • CSE is being asked to cut 30% of event funding. Destination and signature events are being cut as well and will come in at a greater than 30% cut. 2. 8:35 a.m.: Update on Current Public Health Orders (10 Minutes) July 7, 2020 - Page 56 of 82 a. Transition Trail Map b. Events and Live Entertainment Task Force Update (one of the county taskforces that focus on that category) • The group is working on the procedures for event producers to get approval to move forward with their events, including guidance and best practices from the industry. 3. Burton US Open Recap – (15 Minutes) o Davis – We hope we can continue to bring events that align with our goals, like Burton o Rediker – Looking forward to BUSO returning in 2022  ADR – BUSO has created the demand and it hurts Burton due to the demand on the over 2,000 rooms they book  What is minimum viable situation for BUSO to come in the future? o Motion to approve final funding for the Burton US Open Rediker/Davis/unanimous 8:45 a.m.: Scorecard Review of Event Plans with COVID modifications (60 Minutes) a. Scorecard feedback from Council to include: • Event creates overnight stays • Sales tax revenue • Brings residence and visitors into the villages to enhance guest experience b. Motions for adjusted funding • Presentation of the updated event plans was made by Jeremy Gross to the CSE. c. Motion to approve modified funding allocations in the following amounts: Avalanche Alumni Weekend - Original funding = 5000, adjusted funding =2500 Family Education Efforts of Mountain Youth - Original funding = 4500, adjusted funding =4000 Community Leadership Academy - Original funding = 5000, adjusted funding =4000 2020 Vail Pickleball Open - Original funding = 5000, adjusted funding =4750 Vail Automotive Classic - Original funding = 5000, adjusted funding =5000 Vail Classic Invitational - Original funding = 8000, adjusted funding =8000 2020 Vail Sportsmanship Tournament - Original funding = 10000, adjusted funding =10000 Vail Community Art Series - Original funding = 13000, adjusted funding =13000 Vail Family Fun Fest 2020 - Original funding = 15000, adjusted funding =15000 Vail Skating Festival - Original funding = 20000, adjusted funding =20000 Vail Bluegrass - Original funding = 40000, adjusted funding =21000 Outlier Offroad Festival - Original funding = 25000, adjusted funding =25000 Bourbon and Bacon Fest - Original funding = 45000, adjusted funding =30000 July 7, 2020 - Page 57 of 82 Kids Adventure Games - Original funding = 40000, adjusted funding =40000 Vail Farmers' Market & Art Show - Original funding = 43000, adjusted funding =43000 Vail Craft Beer Classic - Original funding = 65000, adjusted funding =50000 • Rediker/Valenti/Unanimous 4. Event Survey List (10 minutes) a. Tabled until July 1 5. 9:45 a.m.: Public Comment/Event Producer Open Discussion (15 Minutes) a. No public comment received 6. 10:00 .a.m.: New Business (5 minutes) Adjournment @10:15 a.m. July 7, 2020 - Page 58 of 82 COMMISSION ON SPECIAL EVENTS MEETING In-Person and Virtual Meeting Wednesday, July 1, 2020 @ 8:30a.m.-10:00a.m. Minutes: Meeting materials can be accessed at the following link: July 1, 2020 Meeting Materials Roll Call: Alison Wadey, Mark Gordon, Samantha Biszantz, Jill Lau, Kim Rediker, Not present: Marco Valenti, Barry Davis Staff present: Mia Vlaar, Jeremy Gross, Liz Gladitsch 1. 8:30a.m.: Administrative Items (10 minutes) a. Minutes from the CSE Meeting on 06/4/2020 • Motion to approve the minutes from June 4, 2020. • Rediker/Gordon/ Unanimous b. VLMDAC, VEAC and Council Updates • VLMDAC 1. Paid search terms and digital advertising targeting Front Range, drive markets and markets in Texas 2. Traditional media targeting Front Range and small percentage of drive markets 3. Results coming at VLMD July 16 meeting • VEAC 1. 7th of July will be presenting commercial relief program 2. TOV are supplementing Masks and hand sanitizer to businesses 3. Public Consumption Areas: a. Signage encouraging guests to purchase beverages in restaurants NOTES from board • Could Information Center employees have masks in a bag and share out information. Can they come out and interact with guests more? c. Upcoming Meeting Reminders • VLMDAC – Thursday July 16 • Town Council – July 7 • CSE - August 5, 2020 2. 8:40 a.m.: Update on Current Public Health Orders (10 Minutes) a. Transition Trail Map/State Orders • Staff is working with the county to update our event producers on the impacts of the new Protect Our Neighbors phase announced by the Governor on Tuesday. b. Events and Live Entertainment Task Force Update July 7, 2020 - Page 59 of 82 • Lower Bench events: Stage on big open lawn by covered bridge 1. Music in the park activations a few days a week 2. Starting July 17 3. Vail Jazz, VVF, Bravo and a few other event producers are going to activate on the lawn. 3. 8:50 a.m.: Upcoming Events and Event Updates (30 Minutes) a. Vail America Days: • How are we going to mitigate crowds? Detailed information at VailAmericaDays.com b. Farmers Market: Angela to send out a summary to the board and Jeremy c. Recent Events CANCELED: Money will be coming back into the CSE budget • Bluegrass • Kick it 3v3 • Restaurant Week 4. 9:20 a.m.: Event Survey List (10 minutes) a. Survey budget reduced 30% b. Can reallocate canceled event surveys to other events c. What to survey: • Kids Adventure Games, Craft Beer Fest, Bourbon & Bacon, Revely • We could survey other events like Farmers Market, Lower Bench events, etc. • Staff to send proposal for what events to survey for group to decide 5. 9:30 a.m.: Public Comment/Event Producer Open Discussion (15 Minutes) a. None 6. 9:45 .a.m.: New Business (5 minutes) Vail Rec Update - Golf: doubled in revenue - Tennis: Doubled in revenue - Gymnastic Camps are full - Summer Camps are full Breckenridge wine fest to Vail Wine Fest: What do we need to do to make something like that happen? Would we consider giving them money to make that happen? CTO: What can staff do for outreach to ensure local businesses are updating their listings? VLMD and Staff to do outreach. Adjournment @9:50 a.m. Gordon/Lau/unanimous July 7, 2020 - Page 60 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: 1st Quarter I nvestment Report AT TAC H ME N TS: Description 2020 1st Quarter Investments July 7, 2020 - Page 61 of 82 TOWN OF VAIL MEMORANDUM TO: Scott Robson Kathleen Halloran Council Members FROM: Carlie Smith DATE: 1st Qrtr 2020 RE: Investment Report Enclosed is the investment report with balances as of March 31, 2020. The estimated average yield for the pooled cash fund is 1.26%. As of 3/31/20, the Treasury yield curves for 3 months, 6 months, and 1 year are 0.11%, 0.15%, and 0.17% respectively. At the beginning of March, US Treasury yields fell to historic lows as concern for economic impacts from the coronavirus grew. To help bolster confidence, the Federal Reserve made an emergency interest rate cut and lowered the US benchmark interest rate to just under 1.25%, down from 1.75%. Later on in the month, the Federal Reserve cut benchmark interest rates to 0%. For the last year, the town has intentionally kept funds in shorter term holdings. As longer term investments have matured, the town has reinvested in Colo Trust, where rates peaked at 2.3% in 2019, but are currently 0.86% due to the Fed's reductions in rates. The town's yield from older CD and agency investments is helping to buoy declines in cash holdings. These older investments begin maturing in the next two years. By the end of 2021, the town will have $15.8M in agency investments plus another $6.4 of CDs maturing. Our investment mix follows the policy objectives of safety, liquidity, and yield in that order. There were no changes to investment products or banking institutions. Please call me if you have any questions. Gov't Securities 18.4 M , 17% CD's 9.4 M , 9% Colorado Investment Pool 48.0 M , 46% Cash 29.7 M , 28% 2020 1st Qtr Investment Mix $105.5M July 7, 2020 - Page 62 of 82 Town of Vail, Colorado Investment Report Summary of Accounts and Investments As of 03/31/2020 2020 Balances Percentage Cash of Total Commercial Banks $21,865,401 20.72% Money Market Funds $7,861,068 7.45% Total Cash $29,726,469 28.17% U.S. Government Securities Government Agency Seurities -Piper Jaffray $6,563,224 6.22% FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana $11,801,732 11.18% Total Government Securities $18,364,956 17.40% Certificates of Deposit $9,384,831 8.89% Colorado Investment Pools $48,066,170 45.54% Total Portfolio $105,542,426 100.0% Maturing Within 12 Months 86,310,195 81.78% Maturing Within 24 Months 5,666,371 5.37% Maturing After 24 Months 13,565,860 12.85% 105,542,426 100.0% July 7, 2020 - Page 63 of 82 Institution Average Balances Type of Accounts Return 03/31/20 "CASH" ACCOUNTS Commercial Bank Accounts: First Bank of Vail - Operating Accounts 1.000% $21,865,401 Alpine Bank $0 Money Market Accounts: Schwab Institutional Money Market Fund - Dana Investments Interest and Balance 0.290% $194,173 Vail Super Now Public Funds Account - Piper Jaffray Interest and Balance 0.000% $7,666,894 Total Money Market Funds $7,861,068 Total "Cash" Accounts $29,726,469 GOVERNMENT SECURITIES Government Agency Seurities -Piper Jaffray 3.62% 6,563,224$ FNMA'S, GNMA'S, FHLMC'S & SBA'S - Dana 2.62% 11,801,732$ 18,364,956$ Total Government Securities 18,364,956$ 1st Bank, Vail Colorado (#5734) Matures September 14, 2022 1.510% 1,102,853 1st Bank, Vail Colorado (#1992) Matures Nov 23, 2020 0.700% 1,152,447 1st Bank, Vail Colorado (#3421) Matures Mar 17, 2021 0.700% 1,164,030 1st Bank, Vail Colorado (#4290) Matures Sept 29, 2021 0.700% 1,117,831 1st Bank, Vail Colorado (#4754) Matures Dec 28, 2021 0.700% 1,115,903 1st Bank, Vail Colorado (#5319) Matures May 21, 2020 0.300% 1,575,838 Piper Jaffray 254672RY6 Matures July 15, 2020 2.290% 147,556 Piper Jaffray 17312QL98 Matures May 23,2023 3.030% 105,341 Piper Jaffray 06740KLH8 Matures October 21, 2021 2.120% 131,697 Piper Jaffray 02587CFU9 Matures Aug 29, 2022 2.350% 210,202 Piper Jaffray 38148PUA3 Matures December 6, 2022 2.430% 257,098 Piper Jaffray 949763LRS Matures December 8, 2022 2.430% 257,125 Piper Jaffray 17312QQ36 Matures July 24, 2023 3.110% 158,880 Piper Jaffray 254673RVO Matures July 25, 2023 3.110% 105,925 Piper Jaffray 06426KAMO Matures July 31, 2023 3.020% 264,088 Piper Jaffray 29278TCG3 Matures July 31, 2023 3.020% 253,524 Piper Jaffray 58404DCM1 Matures July 31, 2023 3.070% 264,495 9,384,831 Total Certificates of Deposit 9,384,831$ LOCAL GOVERNMENT INVESTMENT POOLS Colotrust General Fund Interest 0.860% $48,066,170 Total Local Government Investment Pools Accounts $48,066,170 Total All Accounts $105,542,426 Performance Summary As of 03/31/2020 July 7, 2020 - Page 64 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: V L HA Meeting Results May 12, 2020 AT TAC H ME N TS: Description V L H A Meeting Results May 12, 2020 July 7, 2020 - Page 65 of 82 Vail Local Housing Authority Meeting Results May 12, 2020 3:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Call to Order A quorum being present, Lindstrom called the meeting to order at 3:04PM Present is Lindstrom, Morales, McDougall, and Moffet along with George Ruther, Housing Director. Wilkins arrived at 3:13PM. 2. Citizen Participation 2.1. Citizen Participation No one from the public is present. 3. Approval of Minutes 3.1. VLHA April 28, 2020 Meeting Results Moffet motioned to table to the May 26, 2020 meeting. MOTION: MOFFET SECOND: MORALES VOTE: 4-0 APPROVED 4. Main Agenda 4.1. 2019 EHU Compliance Update Presenter: Lynne Campbell, Housing Coordinator Tabled to May 26, 2020 Ruther stated the Town and Housing department is continuing to make progress on a policy update. The Town continues to struggle with the non-compliant Chamonix homeowner and have reached the point where contracts need to be executed or the Town will take additional steps. Moffet questioned if the issue is the owner is out of compliance or just not submitting the affidavit. Both per Ruther. He explained the Town has information the owner is out of compliance. The cure in this case is forcing a sale of the unit. 4.2. Update on Community Polling Discussion Presenter: George Ruther, Housing Director Ruther noted the Town spoke with our consultants regarding polling the community around several ballot initiatives. The consultants said the we don’t have to do anything now. In 45-60 days, the Town will reach the critical point for a decision. It July 7, 2020 - Page 66 of 82 could be challenging at this time to ask voters for more money due to economic status. We are in wait and see approach. Preliminary results from the 2020 Community Survey shows supportive comments around housing. A fair number of residents are undecided about issue. The Housing department is continuing to work with communications and consultants to find out what causes these people to be undecided, is it the information shared about the issue or the issue. Housing will take this issue back to Council the first part of July. 4.3. Update on Long-term Rental Incentives Ruther provided an update to the Authority. Ruther spoke with Tahoe about Landing Locals program. Match making service between landlords and tenants. Landing Locals becomes middleman in the process. They pair quality tenants with landlords. Have placed 60 thus far and mostly between absentee landlords. He sees additional opportunities for Tahoe. He sees it similar to how Vail Health rents units. Ruther is getting back with Tahoe. Truckee has signed up for the service. Landing Locals is paid by receiving 25%-50% of first month’s lease payment. Town of Truckee is plans to pay for the service for Truckee tenants. He was hopeful their program does additional vetting tenants and landlords. He mentioned the Town of Vail is hoping to make a program which includes ease of use as well. Program has potential, though he sees Vail providing more service. They are promoting for long term rental options in the Tahoe community. Lindstrom agrees the program has potential along with enhanced services. He thinks Vail should draft a program and if there is interest. Moffet thinks Finance has a decent list of Airbnb and short-term rentals. Reach out to those owners and see if they have interest in a similar program. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Lindstrom discussed the West Vail Master Plan with Community Development Director, Matt Gennett. The Housing Authority will have seat on an advisory committee. The process could take anywhere from 12-24 months. Morales attended Housing Colorado meeting which discussed AMI and income restrictions. Morales wondered if Council and Housing should pay attention to our real estate market noting there could be down valley opportunities. Should Council / Housing consider those opportunities? Ruther noted unless directed otherwise one policy statement addresses looking at all opportunities. He is contacted regularly regarding rental and purchase opportunities while addressing any unintended issues with units down valley. Moffet mentioned the State Land Board is still working with CDOT regarding the Eagle Valley site without involving Vail Resorts. The Town is also staying in touch with them as well per Ruther. CDOT knows the Town is interested. All issues are on hold due to COVID-19. July 7, 2020 - Page 67 of 82 Ruther is bringing the Middle Creek amended agreements to the May 26 meeting. VLHA is a party to those agreements. Lindstrom moved to leave the regular meeting into executive session. MOTION: LINDSTROM SECOND: MOFFET VOTE: 5-0 APPROVED 6. Executive Session 6.1. Executive Session per C.R.S. §24-6-402(4)(a)(b)(e) - to discuss the purchase, acquisition, lease, transfer or sale of real, personal or other property interests; for the purposes of receiving legal advice on specific legal questions; and to determine positions relative to matters that may be subject to negotiations regarding: Vail InDEED applications and deed restrictions and Middle Creek at Vail. Presenter: George Ruther, Housing Director 7. Any Action as a Result of Executive Session 7.1. Action as a Result of Executive Session Moffet motioned to direct staff to continue Vail InDEED negotiations pursuant to discussion in executive session. MOTION: MOFFET SECOND: MORALES VOTE: 5-0 APPROVED 8. Adjournment 8.1. Adjournment 5:00 PM (estimated time) Moffet motioned to adjourn the meeting at 5:00PM. MOTION: MOFFET SECOND: MORALES VOTE: 5-0 APPROVED 9. Future Agenda Items 9.1. • Incentives for Long Term Rentals in the Town of Vail • Housing Sites Discussion • Land Banking (sale of GRFA) • Public Health Housing Incentive, Eagle County Health 10. Next Meeting Date 10.1. Next Meeting Date May 26, 2020 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 July 7, 2020 - Page 68 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: V L HA Meeting Results J une 9, 2020 AT TAC H ME N TS: Description V L H A Meeting Results June 9, 2020 July 7, 2020 - Page 69 of 82 Vail Local Housing Authority Meeting Results June 9, 2020 3:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1. Call to Order 1.1. Virtual Meeting Part I 1.2. Virtual Meeting Part 2 1.3. Call to Order Lindstrom called the meeting order with a quorum present at 3:03 PM. Members in attendance are Lindstrom, Morales, McDougall and Moffet. Wilkins arrived at 3:15 PM. Ruther and Campbell are present from staff. 2. Citizen Participation 2.1. Citizen Participation John Plack from Vail Resorts was in attendance. 3. Approval of Minutes 3.1. VLHA May 26, 2020 Meeting Results MOTION: MOFFET SECOND: MORALES VOTE: 4-0 APPROVED 4. Main Agenda 4.1. Middle Creek at Vail – Approval of Amended Operating Agreement and Determination of Benefits to Persons of Low Income Presenter: George Ruther, Housing Director Ruther provided an overview update for the Authority. VLHA recently adopted an Amended and Restated Ground Lease for Middle Creek Village LLC. Required now is to amend the Operating Agreement between the VLHA and Middle Creek Village LLC. This affords Coughlin and Company to realize a property tax exemption from Eagle County. According to the Town attorney, Matt Mire, no changes have been made to purpose of the operating lease agreement and recommends the Authority approves agreement in addition to make finding of fact Middle Creek Village apt benefit persons of low income which is a statutory requirement for the Eagle County assessor to grant the property tax exemption. 4.2. Resolution No. 19, Series of 2020, A Resolution Making Findings Regarding Middle July 7, 2020 - Page 70 of 82 Creek Village and Approving an Operating Agreement for Middle Creek Village, LLC Presenter: George Ruther, Housing Director MOTION: MOFFET SECOND: MORALES VOTE: 4-0 APPROVED 4.3. Resolution No. 11, Series of 2020, 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 A, Building 2, Sandstone 70 at Vail, Eagle County, Colorado with a Physical Address of 909 Red Sandstone Road, Unit 2A, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MORALES SECOND: MC DOUGALL VOTE: 4-0 AP PROVED 4.4. Resolution No. 12, Series of 2020, 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 8, Building A, Wren House, Eagle County, Colorado with a Physical Address of 5024 Main Gore Drive South, Unit 8A, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: WILKINS SECOND: MORALES VOTE: 5-0 APPROVED 4.5. Resolution No. 14, Series of 2020, 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 6, Vail Heights Condominiums, Eagle County, Colorado with a Physical Address of 2079 Chamonix Lane, Unit 6, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MOFFET SECOND: MORALES VOTE: 5-0 APPROVED 4.6. Resolution No. 15, Series of 2020, 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 No. 13, Aspen Tree Condominiums, Eagle County, Colorado with a Physical Address of 931 Red Sandstone Road, Unit 13, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MORALES SECOND: MOFFET VOTE: 5-0 APPROVED 4.7. Resolution No. 16, Series of 2020, 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 A-26. The Valley Condominiums, Eagle County, Colorado with a Physical Address of 1524 Buffehr Creek Road, Unit A-26, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator July 7, 2020 - Page 71 of 82 MOTION: MOFFET SECOND: WILKINS VOTE: 5-0 APPROVED 4.8. Resolution No. 17, Series of 2020, 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 A-8, Heather of Vail Condominiums, Eagle County, Colorado with a Physical Address of 5197 Black Gore Drive, Unit A-8, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MORALES SECOND: MOFFET VOTE: 5-0 APPROVED 4.9. Resolution No. 18, Series of 2020, 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 8, Columbine West Condominiums, Eagle County, Colorado with a Physical Address of 2823 Kinnikinnick Road, Unit 8, Vail Colorado; and Setting Forth Details in Regard Thereto. Presenter: Lynne Campbell, Housing Coordinator MOTION: MOFFET SECOND: MORALES VOTE: 5-0 APPROVED 4.10. EHU Compliance Enforcement Policy Recommendation Presenter: George Ruther, Housing Director Ruther reviewed the reason for a compliance enforcement update and noted the Housing department is looking for a recommendation to the Vail Town Council for the June 16 , 2020 meeting. There are opportunities for improvement and to simplify the annual compliance submittal process. The Town attorneys and Housing department recommend • Zero tolerance, 100% compliance • Create online compliance process • A $250 fee for non-compliance • A $100 per day, per infraction fine until non-compliance resolved • A lien process on the property begins as soon as non-compliant and will be used as a fee collection method McDougall suggested an exemption or postpone method be codified to allow for exceptions for life circumstances so if an exemption is needed it is not arbitrary. Ruther will discuss with the attorneys noting the intention is 100% compliance. The Authority is in support of the policy recommendation. Ruther will bring back for final approval after receiving Council feedback. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members July 7, 2020 - Page 72 of 82 Presenter: Steve Lindstrom, Chairman Ruther provided an update and next steps for alterative housing sites and Booth Heights. Council requested 7 steps to address wildlife habitat. There is an opportunity to relocate the Booth Heights project to Middle Creek Lot 3. Middle Creek Village lease has to be amended and subdivision process first. The Town hired 359 Design to draft a concept of residential housing on Lot 3. Next step is to look at other sites that could accommodate housing , 3 have been identified and suggested by the Town Council: • Donovan Park Middle Bench • West Middle Creek Parcel, between Middle Creek Village and Solar Vail • CDOT parcel at the corner of Spruce Way and Columbine Drive in East Vail The point of looking at alternate sites is to demonstrate the Town/Housing can identify and meet the housing plan goals. The Town needs to look for opportunities to relocate Children’s Garden of Learning (CGL). The Town looked for a partnership opportunity between Vail Recreation and CGL at opportunity to renovation the Vail Gymnastics center to accommodate an early learning center. Moffet expressed concern at the direction being taken. He thinks going this direction is a way to avoid political backlash for Booth Heights. Upside is an opportunity to redevelopment of Timber Ridge, thinks the Authority needs to weigh in on parking requirement updating. Why are we letting parking restrict density? Ruther stated the Town is looking at alternatives for other housing sites. Community Development has been instructed by Council to review alternatives and options to address parking with regarding to housing zone district. The Authority is concerned the Highline redevelopment project is a lost housing opportunity at no cost to the Town due to th e recent height reduction and lost units. Morales noted Vail Health is on track to complete their Vail InDEED version of funding for a deed restriction. Vail health held a lottery for their employees and will contribute funds to the employee’s purchase in exchange for a deed restriction. This deed restriction will apply toward the new hospital’s employee housing requirement. The Authority will hold the June 23, 2020 meeting via Zoom and expect to have the July 14, 2020 meeting in the Council Chambers. Moffet motioned to leave the regular meeting and enter executive session. MOTION: MOFFET SECOND: MORALES VOTE: 5-0 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: submitted Vail InDEED applications and program details. July 7, 2020 - Page 73 of 82 Presenter: Lynne Campbell, Housing Coordinator Moffet motioned to exit executive session. Wilkins was not in executive session and did not rejoin the meeting. MOTION: MOFFET SECOND: MC DOUGALL VOTE: 4-0 APPROVED 7. Any Action as a Result of Executive Session 7.1. Action as a Result of Executive Session Morales motioned for Housing staff to continue with the Vail InDEED applications as reviewed in executive session. MOTION: MORALES SECOND: MOFFET VOTE: 4-0 APPROVED 8. Adjournment 8.1. Adjournment 5:10 PM MOTION: MC DOUGALL SECOND: MOFFET VOTE: 4-0 APPROVED 9. Future Agenda Items 9.1. • Incentives for Long Term Rentals in the Town of Vail • Housing Sites Discussion • Land Banking (sale of GRFA) • Public Health Housing Incentive, Eagle County Health 10. Next Meeting Date 10.1. Next Meeting Date June 23, 2020 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 July 7, 2020 - Page 74 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: J une Revenue Update AT TAC H ME N TS: Description June Revenue Update July 7, 2020 - Page 75 of 82 TOWN OF VAIL REVENUE UPDATE July 7, 2020 Sales Tax Upon receipt of all sales tax returns, May collections are estimated to be $431,169; down 43.6% from last year. Year to date collections of $11,346,051 are down 22.6% from prior year and up 13.1% from amended budget. Inflation as measured by the consumer price index was up 0.1% for May. The 2020 original budget of $28,524,000 was amended to $16,800,000 in May. This is a total decrease of 41% from the 2020 original budget and a 43% decrease compared to 2019 collections of $29,405,827. Real Estate Transfer Tax (RETT) RETT collections through June 30 total $2,394,197 down 18.7% from the prior year. The 2020 annual RETT budget totals $6,300,000, down 12.8% from 2019 collections. Construction Use Tax Use Tax collections through June 30 total $673,880 compared to $1,706,822 from this time last year. The 2020 amended budget totals $1,800,000, down 18.9% from 2019 collections. Summary Across all funds, year-to-date revenue of $27.2 million is up 0.2% from amended budget. Year-to-date revenue is down 16.0% from prior year attributed to the economic impacts of COVID-19 on sales tax collections, parking sales, lift tax, and construction activity. The town’s “Crisis” level recession plan has projected a 21% decrease across all revenue streams for the full year 2020. 1 July 7, 2020 - Page 76 of 82 MEMORANDUM July 7, 2020 To: Vail Town Council Kathleen Halloran From: Alex Jakubiec Re: May 2020 Sales Tax and COVID-19 Impact Reporting Vail will collect an estimated $39,984 in additional May sales tax to bring collections up to $431,169. Due to the economic impacts of COVID 19 on the business community, the Vail Town Council elected to defer sales tax payments until August 2020; businesses are still required to file regular sales tax returns while deferring payments. A further analysis of the deferred May sales tax payments has been provided on page four of this update. May will be down (43.6)% or $(332,587) from May 2019 and up 1.5% or $6,169 from the amended budget. 2 July 7, 2020 - Page 77 of 82 2020 Amended2020 YTD Budget % change % change 20152016201720182019BudgetTotal Variance from 2019 from BudgetJanuary3,696,798$ 3,738,824$ 3,725,212$ 3,597,610$ 4,079,994$ 4,061,971$ 4,023,457$ -$ 4,023,457$ (38,514)$ -1.39% -0.95%February 3,593,947 3,746,055 3,692,592 3,818,356 4,137,087 4,135,058 3,076,032 1,190,902 4,266,933 131,875$ 3.14%3.19%March4,053,961 4,225,921 3,642,407 4,167,880 4,237,933 1,059,003 1,484,139 784,721 2,268,861 1,209,858 -46.46% 114.24%April1,370,929 1,089,749 1,386,780 1,233,474 1,445,071 350,000 346,971 8,660 355,631 5,631 -75.39%1.61%May584,454 654,462 659,475 830,193 763,756 425,000 391,185 39,984 431,169 6,169 -43.55%1.45%YTD Total13,300,089$ 13,455,011$ 13,106,466$ 13,647,513$ 14,663,841$ 10,031,032$ 9,321,784$ 2,024,267$ 11,346,051$ 1,315,019$ -22.63% 13.11%June1,242,400 1,318,092 1,389,982 1,648,443 1,606,748 562,264 July1,937,989 2,053,773 2,215,649 2,412,425 2,498,020 874,209 August1,702,579 1,849,815 1,863,949 2,195,175 2,247,250 898,804 September 1,240,277 1,349,929 1,385,462 1,540,490 1,609,132 643,553 October835,649 906,385 936,954 1,106,596 1,234,105 490,116 November997,100 989,320 997,716 1,264,600 1,263,064 767,472 December 3,885,849 3,840,919 3,695,305 4,070,870 4,283,668 2,532,550 Total25,141,932$ 25,763,244$ 25,591,483$ 27,886,112$ 29,405,827$ 16,800,000$ Actual CollectionsTOWN OF VAILSALES TAX2020 Budget ComparisonCollected Sales TaxDeferred Sales Tax0501001502002503003504004505005506006507007508008509002015 2016 2017 2018 2019 2020May Sales Tax By Year(in Thousands)3July 7, 2020 - Page 78 of 82 May Sales Tax Collected Vs. Deferred 1,095 Businesses filed and paid their May Town of Vail sales tax for a total of $391,185 collected revenue. 112 Businesses have not yet paid their May taxes for a total of $39,984. Town of Vail COVID-19 Sales Tax Impact Reporting In same period, prior year; Retail businesses comprised 44% of all sales tax collected; Accommodation Services were 18%; Food and Beverage were 23%; and Other businesses were 15%. Deferred Sales Tax by Business Type Paid Sales Tax by Business Type Overall, 112 businesses filed returns for May without payment. Of these 112 outstanding returns; 65 businesses are located in Vail Village, 14 in Outlying Neighborhoods, 21 in Lionshead, and 12 Out of Town. Deferred Vs. Collected Sales Tax By Business Location May Tax Payments Collected Vs. Deferred Collected $391,185 91% Deferred $39,984 9% 1,095 Collected Payments 91% 112 Deferred Payments 9% Accommodation Services $10,380 - 3% Other $95,520 24% Food and Beverage $38,147 10% Retail $247,138 63% Accommodation Services $9,228- 23% Other $58 0% Food and Beverage $10,666 27% Retail $20,031 50% 137.6 55.0 8.1 190.5 1.6 35.0 3.0 0.3 OUTLYING NEIGHBORHOODS VAIL VILLAGE LIONSHEAD VILLAGE OUT OF TOWN Deferred Revenue Collected Revenue (in Thousands) 4 July 7, 2020 - Page 79 of 82 Vail Business Review April 2020 July 7, 2020 The Vail Business Review breaks down the four percent sales tax collected for the month of April. Overall April sales tax decreased (75.4)% with retail decreasing (65.8)%, lodging decreased (95.9)%, food and beverage decreased (94.8)%, and utilities/other decreased by (25.7)%. Excluding the out of town category; sales tax for the month of April was Down (85.7)%. Town of Vail sales tax forms, the Vail Business Review and sales tax worksheets are available on the internet at www.vailgov.com. You can subscribe to have the Vail Business Review and the sales tax worksheet e-mailed to you automatically from www.vailgov.com. Please remember when reading the Vail Business Review that it is produced from sales tax collections, as opposed to actual gross sales. If you have any questions or comments, please feel free to call me at (970) 479-2125 or Carlie Smith at (970) 479-2119. Sincerely, Alex Jakubiec Town of Vail Revenue Manager 5 July 7, 2020 - Page 80 of 82 Retail 103,341.42 124,881.35 ‐17.25% Lodging 1,219.19 60,814.52 ‐98.00% F & B 8,965.40 49,015.89 ‐81.71% Other 1,796.50 3,915.48 ‐54.12% Total 115,322.51 238,627.24 ‐51.67% Retail 3,241.31 73,881.93 ‐95.61% Lodging 7,204.62 111,682.95 ‐93.55% F & B 3,087.74 55,018.79 ‐94.39% Other ‐ 1,374.17 ‐100.00% Total 13,533.67 241,957.84 ‐94.41% Retail 84,919.85 181,681.78 ‐53.26% Lodging 91.30 5,302.36 ‐98.28% F & B ‐ 745.69 ‐100.00% Other 110,886.41 145,116.39 ‐23.59% Total 195,897.56 332,846.22 ‐41.14% Retail 16,197.57 226,139.16 ‐92.84% Lodging 5,765.75 169,645.98 ‐96.60% F & B 5,266.91 231,093.15 ‐97.72% Other 3,647.81 6,172.92 ‐40.91% Total 30,878.04 633,051.21 ‐95.12% Retail 207,700.15 606,584.22 ‐65.76% Lodging 14,280.86 347,445.81 ‐95.89% F & B 17,320.05 335,873.52 ‐94.84% Other 116,330.72 156,578.96 ‐25.70% Total 355,631.78 1,446,482.51 ‐75.41% Retail Apparel 5,480.53 85,263.19 ‐93.57% Retail Food 81,426.33 110,112.98 ‐26.05% Retail Gallery 2,222.85 545.59 307.42% Retail Gift ‐ 2,695.24 ‐100.00% Retail Home Occupation ‐ 105.35 ‐100.00% Retail Jewelry 698.83 12,527.30 ‐94.42% Retail Liquor 23,892.48 31,889.98 ‐25.08% Retail Other 85,673.41 216,301.39 ‐60.39% Retail Sport 6,152.78 147,143.20 ‐95.82% Total 205,547.21 606,584.22 ‐66.11% Cascade Village / East Vail / Sandstone / West Vail Town of Vail Business Review April 2020 Sales Tax April 2020 Collections  April 2019 Collections April % Change Total ‐ All Areas Lionshead Out of Town Vail Village Retail Summary 6 July 7, 2020 - Page 81 of 82 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Recess 5:30 pm (estimate) July 7, 2020 - Page 82 of 82