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HomeMy WebLinkAbout2020-07-07 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Town C ouncil Chambers and Virtual 6:00 P M, July 7, 2020 Meeting to be held in C ouncil Chambers and Virtually (access H igh 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 Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session (5 min.) 3.Award R ecognition 3.1.Colorado Grand Scholarship Award Rec ognition 5 min. Presenter(s): J enn Bruno, Council Member; Ed O'Brien and D on Shires, Colorado Grand Representatives The C olorado Grand has offered an annual sc holarship program to students attending loc al sc hools in E agle C ounty. The 2020 award will be given to a senior student who attends one of the loc al High Schools. Ed O'Brien, representing Colorado Grand, will recognize the student and highlight the upcoming summer Colorado Grand program, an event that has been in Vail for over 30 years. 4.Consent Agenda (5 min.) 4.1.May 5, 2020 Town Council Meeting Minutes 4.2.May 19, 2020 Town Counc il Meeting Minutes 4.3.Electric C harging Station install Contract Award Bac kground: See attached memo Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with E nc ore Elec tric in the amount not to exc eed, $62,120.00. 4.4.Synexis D ry Hydrogen P eroxide System Contract Award July 7, 2020 - Page 1 of 86 Bac kground: See attached memo Staff Rec ommendation: Authorize the Town Manager to enter into an initial purchase agreement, in a form approved by the Town Attorney with Sy nexis in an amount not to exceed $ 183,450 as directed by the c ounc il, in addition to the ongoing maintenance for 2020. 5.Town Manager Report 5.1.Vail America Day s Rec ap 5 min. 6.P resentations / Discussion 6.1.Police Use of Force Policy D iscussion 45 min. Presenter(s): Dwight Henninger, Polic e Chief; Ryan Kenney, Polic e Commander; Craig Bettis, P olice C ommander; and Police Sergeant C hris Botkins Bac kground: On Friday, J une 19, 2020, Governor Polis signed Senate Bill 20-217, Enhanc e Law E nforc ement I ntegrity, into law. This presentation is an update to the new law requirements. 6.2.Vail Town Counc il's Alternate Housing Sites I nitiative Memorandum of Understanding Presentation 45 min. Presenter(s): George Ruther, Housing Director Action Requested of Counc il: No Town C ounc il action is requested at this time. The May or and Town C ounc il will hear public comment on this item during an evening public meeting on J uly 21st. Bac kground: The purpose of this agenda item is to present a c opy of the Memorandum of Understanding (MOU) prepared for the Vail Town Council’s Alternate Housing S ite I nitiative. The Vail Town C ounc il will hold a public meeting on J uly 21st to review the MOU in greater detail and hear comment from the public . On J anuary 16, 2020, Vail May or Dave C hapin announced that the Town of Vail had approached representatives from Vail Resorts and Triumph Development with the objec tive of exploring an alternate approach to the Booth Heights development approved for East Vail. I n doing so, it was acknowledged that the desire of the Town was to pursue a win-win outcome that achieved an equitable balance between the adopted housing and environmental stewardship goals. The proposed memorandum of understanding outlines the details of an alternate housing site initiative. Staff Rec ommendation: The memorandum of understanding is being presented to the Vail Town Council and public on J uly 7th. To inc rease transparency and afford additional time for public review prior to sharing public comment, a public meeting on this item is being held on J uly 21st. Town staff rec ommends the Vail Town Council and members of the community listen to the presentation in preparation of public meeting on J uly 21st. 7.Adjournment 7.1.Adjournment 8:00 p.m. (estimate) July 7, 2020 - Page 2 of 86 Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. July 7, 2020 - Page 3 of 86 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 : Colorado Grand S cholarship Award R ecognition P RE S E NT E R(S ): J enn B runo, Council Member; E d O'B rien and D on S hires, C olorado Grand Representatives B AC K G RO UND: T he Colorado Grand has offered an annual scholarship program to students attending local schools in Eagle County. T he 2020 award will be given to a senior student who attends one of the local High S chools. E d O 'B rien, representing C olorado Grand, will recognize the student and highlight the upcoming summer C olorado Grand program, an event that has been in Vail f or over 30 years. July 7, 2020 - Page 4 of 86 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : May 5, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description May 5, 2020 Town Council Meeting Minutes July 7, 2020 - Page 5 of 86 Town Council Meeting Minutes of May 5, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, May 5, 2020 6:00 P.M. Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the meeting was held with virtual access provided through Zoom. The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Chris and Polly Fitzgerald sent an email to publicinput.vailtowncouncil@vailgov.com thanking the town crews for cleaning up Ellefson Park. 2. Any action as a result of executive session There was none. 3. DRB / PEC Update Presenter(s): Jonathan Spence, Senior Planner There were no call-ups by Town Council. 4. Presentations / Discussion 4.1. November 2020 Ballot Initiative Polling Discussion – Long-Term Funding for Housing and Similar Efforts in Support of Economic Recovery Presenter(s): George Ruther, Housing Director, David Flaherty, Magellan Strategies, Scott Robson, Town Manager Action Requested of Council: Provide direction on whether to pursue a second community polling survey on long-term funding for housing and/or similar efforts in support of Vail's economic recovery July 7, 2020 - Page 6 of 86 Town Council Meeting Minutes of May 5, 2020 Page 2 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. Given the onset of the pandemic circumstances have changed and it is appropriate to revisit this topic at this time. Staff Recommendation: The town staff recommends the Vail Town Council provide answers to the following questions: Should the town staff continue 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, and should the polling include questions about broader additional economic stimulus initiatives aimed at financially supporting Vail’s economic recovery. Ruther provided a brief overview of the discussion and stated the were two purposes for tonight’s agenda item: 1) 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 2) discuss whether the community polling survey should also include questions about broader additional economic stimulus initiatives aimed at financially supporting Vail’s economic recovery. Ruther provided a brief recap on the subject stating prior to the onset of COVID-19, the Council and Vail Local Housing Authority had been collaborating and discussing the pursuit of a long- term source of funding for housing. A poll was conducted a year ago on this topic with the intent to revisit the topic this year. In the end, Council and the Vail Local Housing Authority collectively determined to withhold placing a housing funding question on the November 2019 ballot, and instead, make progress on the recommendations for future action provided by the consultant team based upon the polling results. It was determined a second community polling survey would occur in the spring/summer of 2020. David Flaherty of Magellan Strategies suggested the Town wait until later in the spring or summer to determine if it would want to pursue a poll in preparation for the November ballot. Town Manager Robson stated there could also be a need to consider a future polling question on helping to fund Vail's economic recovery. Council thanked the citizens of Vail for participating in the poll and suggested revisiting this topic again in July if there were significant changes with COVID-19. 4.2. West Vail Master Plan Update Presenter(s): Matt Gennett, Community Development Director Action Requested of Council: Review and provide feedback on the attached memorandum and outline and provide feedback on presentation. Background: The intent of the West Vail Master Plan is to envision planning, zoning, and design options as well as transportation infrastructure, housing, and economic development for the West Vail area. The planning process is expected to take between 12 and 18 months, with final plan adoption by Town Council in the spring/summer of 2021 July 7, 2020 - Page 7 of 86 Town Council Meeting Minutes of May 5, 2020 Page 3 Gennett provided Council with an overview of the West Vail Master Plan timeframe and introduced council to the Colorado-based consultant team representatives from the SE Group, Economic and Planning Systems, Studio Seed, and Fehr & Peers. The consultant team proposed the “20-minute neighborhood” as an organizing structure for the planning effort. The team explained a 20-minuteneighborhood had all the services that one might need within a short walk, bike ride, or bus trip. This planning process would identify and address the gaps in services, transportation infrastructure, housing types, and recreational opportunities, towards making West Vail a true 20-minute neighborhood. Gennett said the planning process was expected to take between 12 and 18 months, with the final plan adoption by Council in the spring/summer of 2021. 1. Phase One: Background Research and Community Visioning (May – July 2020) 2. Phase Two: Design Options and Draft Plan Elements (July – November 2020) 3. Phase Three: Plan Implementation Steps (December 2020 – January 2021) 4. Phase Four: Plan Approval (February – April 2021) The consultants stated that community engagement would be a critical component of the planning process. Adjustments were being made as a result of the pandemic to capture community feedback virtually during the first part of Phase One. Council thanked the group for their efforts and presentation and was looking forward to group reporting back their findings. 4.3. Vail Recovery Efforts in response to the Public Health Crisis Municipal Operations Recovery Plan Special Events Update Vail Economic Recovery Team (VEAC) Community Relief Fund Update Recession Plan and Budget Impacts Presenter(s): Scott Robson, Town Manager Action Requested of Council: No action requested. Background: Town staff will present updates about ongoing planning efforts in key areas in response to the latest public health orders from Eagle County. Town staff have been updating and defining next phases in its Municipal Operations Recovery Plan along with reviewing event programming with event promoters that were slated throughout the summer. There will be an introduction of the recently formed Vail Economic Recovery Team whose mission will include studying and making recommendations on how Vail will reboot its business economy. In addition, there will be a recap about the status of the town’s Community Relief Fund program. Lastly, the finance department will present a revised budget taking into consideration the major/critical stages of the recession plan. Robson provided an overview of the Vail recovery efforts sharing the Town was following public health orders from Eagle County and the Colorado State. Most office employees were working remotely. In late May some of those employees would return to town hall. Public access to Town Hall would be reopened in early June with mandatory face covering. Vail Transit began operating the spring service on Monday with social distancing and mandatory face coverings. Each bus was limited to 10 passengers. There were 125 riders yesterday. It was anticipated Town Council would return to the Council Chambers for the June 2 meeting using safety protocols. July 7, 2020 - Page 8 of 86 Town Council Meeting Minutes of May 5, 2020 Page 4 Vail Public Library were continuing with curbside pickup and many virtual services. Welcome Centers were being operated virtually and opening dates are to be determined. Public Works crews had returned to work and were practicing social distancing. Police and Fire services were fully staffed. Robson shared with Council that he was hearing from members of the Vail Economic Advisory Committee the urgent need to accelerate reopening with a firm timeline. Bruno stressed the message from businesses were there would be permanent closures unless businesses could reopen by mid-June. The businesses suggest Eagle County Public Health use Vail as a pilot program for reopening. Chapin shared feedback from the restaurant community, noting that restaurants were already held to a higher standard when it came to cleaning protocols. Restaurants are asking if tables can be placed outside to increase capacity and build cash-flow. Robson added the lodges needed some lead time to build up for a reopening explaining that was another reason why a reopening date would be helpful. Robson shared staff was working with the July 4th celebration event promoter on creative and innovative solutions July 4th celebration to include fireworks. Events previously scheduled in May and June had been cancelled or postponed. First few Farmers' Markets in Vail are planned to be held virtually. Bravo and Vail Valley Foundation were exploring creative ideas for small activations and animations during the summer. Council supported hosting fireworks in Vail and believed social distancing could be maintained. Robson went onto provided an update on allocation of funding from the Vail Community Relief Fund. Reminding Council that the Fund were grant dollars awarded to non-profits for food relief, commercial rental relief and medical & behavioral health and that $500K had been set aside for those efforts. Fourteen non-profits had been awarded funds at this time. Finance Director Kathleen Halloran provided an update on the Town's 2020 budget and recession plan. New revenue projections had been prepared with decreases of between 20 and 25% as the Town prepared for the next recession phases. March sales tax collections were down 46% from prior year. Halloran noted this was an improvement from original assumption of 75% decrease, a benefit of $1.2M to revised revenue projections. Also, construction activity had not slowed as much as anticipated. Halloran stated additional good news was that the town was awarded $1.35M in Federal CARES funding for transit operations. In comparison with other communities across the state, the Town was projecting to use less reserves than many others to offset revenue declines. Operation cuts were also planned with current services. Halloran recommended adopting the "major" recession phase plan; which was a decrease of $18M in revenue or 22% from prior year. It included workforce hour reductions based on a one-month delayed start to parking operations and an off-season bus schedule until June 29. Council thanked staff for the efforts during COVID-19 and reviewing department budgets to make the necessary cuts. 5. Action Items 5.1. Ordinance No. 5, Series of 2020, An Ordinance Reducing the Numbers of Board Members Required to Serve on the Town of Vail Arts Board Presenter(s): Matt Mire, Town Attorney July 7, 2020 - Page 9 of 86 Town Council Meeting Minutes of May 5, 2020 Page 5 Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 5, Series of 2020 upon first reading Background: The Vail Town Council wishes to reduce the number of board members required to serve on the Town of Vail Arts Board from seven members to five members. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 5, Series of 2020 upon first reading. Mire provided Council with a brief overview of Ordinance No. 5, Series of 2020 reducing the Art in Public Places Board from 7 to 5 members. Council reviewed this topic during the April 21, 2020 Town Council afternoon meeting with the AIPP Director Molly Eppard. Council had no questions and there was no public comment. Bruno made a motion to approve Ordinance No. 5, Series of 2020 upon first reading; Coggin seconded the motion passed (7-0). 6. Consent Agenda 6.1. March 3, 2020 Town Council Meeting Minutes Foley made a motion to approve the March 3, 2020 Town Council Meeting Minutes; Langmaid seconded the motion passed (7-0). 6.2. March 17, 2020 Town Council Meeting Minutes Stockmar made a motion to approve the March 1, 2020 Town Council Meeting Minutes; Langmaid seconded the motion passed (7-0). 6.3. March 24, 2020 Town Council Special Meeting Minutes Langmaid made a motion to approve the March 24, 2020 Town Council Special Meeting Minutes; Stockmar seconded the motion passed (6-0* foley had tech difficulites that meeting). 6.4. March 31, 2020 Town Council Special Meeting Minutes Stockmar made a motion to approve the March 31, 2020 Town Council Special Meeting Minutes; Foley seconded the motion passed (6-0* Coggin left meeting briefly ). 6.5. Resolution No. 18, Series of 2020, A Resolution of the Vail Town Council Extending the Declaration of a Local Disaster Emergency Background: An update about the Town's response to Eagle County's Standing Public Health Order Related to Events and Town of Vail operational changes in an effort to mitigate spread of COVID 19. Review executed Order Declaring a Local Disaster Emergency in and for the Town of Vail, Colorado and consideration of adopting Resolution that addresses extending the local disaster emergency time-frame. July 7, 2020 - Page 10 of 86 Town Council Meeting Minutes of May 5, 2020 Page 6 Staff Recommendation: Approve, approve with amendments or deny Resolution No. 18, Series of 2020. Foley made a motion to approve Resolution No. 18, Series of 2020; Bruno seconded the motion passed (7-0). 6.6. Police Dept. Rooftop Air Handling Units Contract to American Mechanical Services Background: The PD roof top units provide heat and cooling for the POD interior space. There are eight units total. The current plan is to replace two unit a year for the next four years. The replacements will be state of the art high efficiency units. Three bids were received for this work. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with American Mechanical Services in the amount not to exceed, $81,482 Langmaid made a motion to authorize the Town Manager to enter into an agreement with American Mechanical Services in the amount not to exceed $81,482; Foley seconded the motion passed (7-0) 6.7. Public Workshop Retaining Wall Contract to Hyder Construction Background: On April 4, 2020, the town staff provided an update on the project and received direction from the Town Council to solicit bids through Hyder Construction for the Public Works Shop Yard Expansion Retaining Wall and Utility project. The proposal is within the project budget provided to Town Council on April 4. The project will not only construct the wall but will place an additional 15,000 CY of material at the Bald Mountain berm. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Hyder Construction in the amount not to exceed, $4,629,652. Greg Hall, Public Works Director, answered questions from Council concerning the dollar amount, the use of local contractors, the steps taken to protect the wildlife in the area. Stockmar made a motion to authorize the Town Manager to enter into an Agreement with Hyder Construction in an amount not to exceed $4,629,652; Foley seconded the motion passed (7-0) 7. Town Manager Report Robson stated the Air National Guard were flying across Colorado to honor healthcare workers. The F-16s would be flying over Vail between 4:45 and 4:50 and residents who step out of their homes to watch. 8. Information Update 8.1. April Revenue Update 8.2. VLHA April 14, 2020 Meeting Results July 7, 2020 - Page 11 of 86 Town Council Meeting Minutes of May 5, 2020 Page 7 9. Matters from Mayor, Council and Committee Reports Council member Foley would like to see the Farmers’ Market stretched throughout both villages. He thanked Icon Inc. construction for getting the fountain repaired quickly at Sunbird Park and asked everyone to keep smiling, wear a face covering and say "hi" to their neighbor. Council member Stockmar reminded everyone that we're all in this together and to come through this safely, residents needed to work cooperatively to meet requests of state and county health officials. Stockmar also remind the community to wear face coverings and gloves as recommended. Council member Coggin encouraged town staff to assist with the concept of restaurant spaces and retail spaces to move out into the town's right-of-way. He was also glad to see Housing Authority taking up discussion of long-term rental incentives. Council member Mason reminded everyone to check on the older neighbors in the community, to wear a face covering when you encounter people on the trail and to wash your hands. Langmaid thanked the town staff, Council and community members for working hard to find creative ideas for Vail's reopening and recovery. Mayor Chapin noted that tomorrow was National Nurses Day and to take a moment to reach out and say thank you. There being no further business to come before the council, Foley moved to adjourn the meeting; Langmaid seconded the motion which passed (7-0) and the meeting adjourned at 8:42 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 7, 2020 - Page 12 of 86 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : May 19, 2020 Town Council Meeting Minutes AT TAC H ME N TS : Description May 19, 2020 Town C ouncil Meeting Minutes July 7, 2020 - Page 13 of 86 Town Council Meeting Minutes of May 19, 2020 Page 1 Vail Town Council Meeting Minutes Tuesday, May 19, 2020 6:00 P.M. Due to the Town’s Disaster Declaration of March 17, 2020 related to the COVID-19 virus, the meeting was held with virtual access provided through Zoom. The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Assistant Town Manager McKenny read public comment received by council into the record. Business owner Steve Rosenthal requested projection for visitor numbers such as hotel reservations and Vail Resorts Epic pass sale. Rosenthal wrote “We in retail are about to commit to hundreds of thousands of dollars for inventory for fall delivery. There needs to be a realistic discussion of the projections of decline in business, our estimated retail expenditures, and the demographic shift of our customers this vs last year” Diane Nicol expressed concern about the Children’s Garden of Learning children being displaced so the site could be used for housing. Nicol wrote “If subdivisions are going to be built for families, there has to be a dedication for additional schools and care for children, not uprooting and tearing them down, otherwise, people will leave and why market a subdivision or development at families only so that they have to commute elsewhere for school and care for their children.” Sarah Martin, Vail resident, expressed support of Ordinance No. 6, Series of 2020 regarding public consumption in the villages during COVI-19 health orders. Martin wrote “I believe this would substantially help restaurant/bar owners increase their business due to these unforeseen circumstances we are encountering and help them get back on track to being profitable, as these places are a centerpiece of our town.” Business owner Samantha Sunshine was supportive of businesses being allowed to expand outside to help promote their businesses. Sunshine wrote “I am in favor of allowing businesses in the Town of Vail to have outside locations to promote retail and recreation, especially since there will be no special events during this rare time.” July 7, 2020 - Page 14 of 86 Town Council Meeting Minutes of May 19, 2020 Page 2 2. Any action as a result of executive session There was none. 3. Appointments for Boards and Commissions 3.1. Vail Local Housing Authority Appointment Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint one person to serve on the VLHA for a five-year term ending on May 31, 2025. Langmaid made a motion to appoint Steve Lindstrom to a five-year term ending on May 31, 2025; Bruno seconded the motion passed (7-0). 3.2. Vail Local (Liquor) Licensing Authority Appointments Presenter(s): Dave Chapin, Mayor Action Requested of Council: Appoint two people to serve on VLLA for two-year term ending May 31, 2022. Langmaid made a motion to appoint both Kurt Hanson and Michael Szmaida to two-year terms ending May 31, 2022; Bruno seconded the motion passed (7-0). 4. Awards 4.1. Town of Vail Scholarship Program Recognitions Presenter(s): Jenn Bruno, Vail Town Council Member and Dwight Henninger, Chief of Police Background: The Town of Vail has offered a financial scholarship program for Vail seniors who have achieved academic excellence and leadership success and commitment to the Vail community. The scholarship is to help fund students who are pursuing their next chapter in life at either a college, university or technical school. The 2020 award will be given to two senior students, Amalia Manning and Owen Ruotolo who both attend Battle Mountain High School. Bruno introduced both students Amalia Manning and Owen Ruotolo as the recipients of the Town of Vail Scholarship Program. Both students expressed gratitude for the assistance. 4.2. Mauri Nottingham Excellence in Environmental Sustainability Scholarship Presenter(s): Kim Langmaid, Mayor Pro-Tem, Vail Town Council and Kristen Bertuglia, Environmental Sustainability Director Background: This scholarship program is intended to provide recognition and financial support to qualified local residents and students interested in pursuing education and careers in the field of environmental sustainability. This award honors the contributions of Mauri Nottingham to the Vail community. Thomas (TJ) Guercio is a member of the local chapter of the Climate Reality July 7, 2020 - Page 15 of 86 Town Council Meeting Minutes of May 19, 2020 Page 3 Project and similar to Mauri, is a proponent of sustainable practices within the business community. He has also contributed to conservation and restoration projects in the valley. Langmaid introduced Thomas (TJ) Guercio as this year’s recipient on the Mauri Nottingham Scholarship. Guercio was grateful for the assistance with his college tuition. 5. Consent Agenda 5.1. April 7, 2020 Town Council Meeting Minutes Langmaid made a motion to approve the April 7, 2020 Town Council meeting minutes; Bruno seconded the motion passed (7-0). 5.2. April 21, 2020 Town Council Meeting Minutes Langmaid made a motion to approve the April 21, 2020 Town Council meeting minutes; Mason seconded the motion passed (7-0). 5.3. Resolution No. 19, Series of 2020, A Resolution Approving an Amended Ground Lease Between the Town of vail, the Local Housing Authority and Middle Creek Village, LLC Background: The Vail Town Council, Vail Local Housing Authority, and Coughlin & Company mutually wish to amend certain agreements as they pertain to the public/private partnership facilitating the continued operation of the Middle Creek at Vail Apartments. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 19, Series of 2020. Coggin made a motion to approve Resolution No. 19, Series of 2020; Bruno seconded the motion passed (7-0). 6. Town Manager Report 6.1. Public Health Crisis Updates Robson provided an update on the town's response to the COVID-19 health crisis. Eagle County, with the support of the local municipalities, were waiting on a response from the Governor on a variance request that would allow the communities to transition to the blue phase on May 25th boosting the public gathering numbers. Vail Transit was operating smoothly, reporting about 300 riders per day. They would be transferring into the summer schedule mid-June and public face coverings were required. Building inspections have been robust with about 30 inspections a day. Town facilities would reopen to the public by appointment on June 1, but employees were encouraged to stay home to work if possible. Face coverings would be mandatory in the building. In-person Town Council meetings and other board meetings would begin June 2 with social distancing in council chambers. Citizens would have an opportunity to appear in person or on zoom for public comment. Public health orders would be followed. 6.2. Update on illegal trail building on Meadow Creek Conservation Easement July 7, 2020 - Page 16 of 86 Town Council Meeting Minutes of May 19, 2020 Page 4 Robson reported there were illegal mountain bike jumps and trail building happening on the conservation easements. He asked community members to respect open space and use existing biking trails instead. 7. Presentations / Discussion 7.1. Vail Health COVID 19 Update Presenter(s): Chris Lindley, Will Cook, Vail Health Background: The presentation from Vail Health can be viewed via the link below. The information is being updated as new information becomes available. https://docs.google.com/presentation/d/1PKBr05cLP2ogSRSgIxfWXBh5oD4W81VqREtqZnLzb N8/edit#slide=id.g6eb22723d CEO Will Cook thanked the community for their efforts and stated Vail Health has no patients with COVID-19 as of today. Cook stated that until there was a vaccine that more people would contact the virus and there would be more deaths. Vail Health developed a key performance indicator decision matrix that demonstrated the hospital's readiness in treating patients. Chris Lindley of Vail Behavioral Health presented on Vail Health’s testing capacity stating there were plenty of tests and that the test was 90% accurate. Vail Health estimated 11% of local population had contracted COVID-19 which meant 89% of population was still susceptible. Mental health concerns were beginning to surpass COVID concerns. Lindley stated Vail Health was ready begin relaxing public health restrictions to test their systems to prepare in the event a second wave hits during ski season. Council thanked Vail Health for their presentation. 7.2. Vail Economic Recovery Efforts in Response to the Public Health Crisis Presenter(s): Mia Vlaar, Economic Development Director Background: Town Council has identified economic recovery as a top priority in response to the COVID 19 pandemic. The newly formed Vail Economic Recovery Team, a task force of the Vail Economic Advisory Council, includes representatives from retail, restaurants, lodging, health, and nonprofit organizations as well Vail Valley Partnership and Vail Chamber and Business Association, has met twice and formulated recommendations to support the Vail business community. The team is building on the work of Eagle County’s economic recovery efforts and the work of the Vail Valley Foundation’s industry task forces. The team has developed tactics to support local businesses including lodging, restaurants and retail to move toward a swift and safe reopening of our economy. The intent is to provide relief and support to our business community while respecting and operating within the public health orders from Eagle County and the state of Colorado. Specific recommendations for council’s consideration are outlined in this memo. The tactics recommended below are intended in the context of the Town manager’s emergency order and will be in effect for a temporary period of time. They are not intended to permanently change the way we operate in Vail but rather improve prospects for businesses and positively impact sales tax revenue during the public health crisis in a safe, productive and temporary way. July 7, 2020 - Page 17 of 86 Town Council Meeting Minutes of May 19, 2020 Page 5 Vlaar reminded town council they had identified economic recovery as a top priority in response to the COVID-19 pandemic. The newly formed Vail Economic Recovery Team had two meetings and formulated recommendations to support the Vail business community. The team had focused on creating safe spaces to accommodate more customers, creation of alcohol consumption areas in designated public spaces for greater revenue capture, providing businesses with PPE support, rent relief, and reimagined events. Vlaar stated these recommendations would coincide with Eagle County Public Health’s transition trail map from the green phase to the blue phase anticipated on May 25th with the Governor’s approval. Staff were working through the logistics of Vail America Days which would include fireworks on July 4th and a socially distanced walking tour of stationary parade floats throughout the villages. The event would be coordinated with Eagle County according to guidance from public health. Vail Farmers' Market would be a virtual format beginning June 14 with first formal market on the streets July 5. Vlaar reported a rent relief program for businesses was being explored based on a model that has been created in Aspen which involved a 3-way arrangement between landlord, tenant and the city. Council stressed the importance for everyone to honor the 5 commitments of containment: 1) maintaining 6 feet of social distance; 2) wash hands often; 3) cover face in public; 4) stay home when sick; 5) get tested immediately if you have symptoms. 7.3. Reconsideration of the Public Works Shop Yard Expansion Retaining Wall and Utilities Project Award Presenter(s): Greg Hall, Public Works Director Action Requested of Council: After hearing presentation, reconfirm, reconsider and provide direction on the project. Background: Public Works Director will present additional information about project options for the Public Works Shop Yard expansion related to the retaining wall and utilities. Council approved an agreement with Hyder Construction for $4.6 M on May 5. With some additional information to be presented about the project, Town Council will be asked to reconfirm, reconsider and provide direction on the project considering this information. Hall reviewed the $4,629,652.00 Public Works Shop Yard Expansion Retaining Wall and Utility Project. Hall stated the goal of the first phase of the Public Works Shop Master Plan project was to create a more efficient Streets Building which was currently over-crowded as well as crowding out other functions of the shop complex. The wall was required on the west end of the project to provide access into the new streets building once complete. Due to a portion of the wall being required for the first phase, Hall said completing the whole wall was a more cost- effective solution overall, which not only benefited the streets building but opened up room for Town of Vail operations into the future. Specifically, allocated space for special event staging over the long term as the Civic project (charter bus lot) would be lost as a staging site once it was developed. The project also cleared up room on the far east side of the wall project to accommodate the equipment needs for the electric bus electrification project and solar panels. Hall reviewed the three options that were outlined in memorandum that was included in their packet material. ✓ Option 1: Proceed with the current project award. ✓ Option 2: Delay the wall portion of the project for one year and construct the wall and drainage improvements during the future Streets Building Phase. July 7, 2020 - Page 18 of 86 Town Council Meeting Minutes of May 19, 2020 Page 6 Hall stated the waterline and electric utility work and rockfall berm are items of work which could move forward this year and provide a better schedule regarding setting the streets building and wall portion of the project up for success. Staff would come back to the council with the project award for this work. ✓ Option 3: The last option was to combine the two projects and hope to move forward in 2021 or further into the future. Council thanked Hall for the detailed information concerning the project and they expressed concerns around the $4,629,652.00-dollar amount during the current economic downfall. Bruno made a motion to reconsider the project contract award to Hyder Construction until 2021; Stockmar seconded the motion passed (7-0). 8. Action Items 8.1. Ordinance No. 6, Series of 2020, An Emergency Ordinance Amending Chapter 2 of Title 4 of the Vail Town Code by the Addition of a New Section 4-2-7, Allowing Consumption of Alcoholic Beverages in Designated Public Places Presenter(s): Matt Mire, Town Attorney Mire reviewed Ordinance No. 6, series of 2020 with council explaining the ordinance would allow for public consumption of alcohol at Town parks and not on town right-of-way. Mire explained currently individuals who were 21 years of age could consume alcohol in town parks but not in the villages. Town Manager Robson said this ordinance was temporary during COVID-19. Coggin made a motion to approve Ordinance No. 6, Series of 2020; Foley seconded the motion passed (7-0). 8.2. Resolution No. 17, Series 2020, A Resolution Concerning the Vail Reinvestment Authority and its Taxable Tax Increment Revenue Bonds (Direct Build America Bonds, Series 2010B; Authorizing and Directing Actions by the Town Manager with Respect to the Preparation of Requests to the Town Council for Appropriation of Moneys to Fund any Deficiencies in the Revenues Pledged to the Payment of such Bonds; and Authorizing the 2020 Cooperation Agreement. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve or approve with amendments Resolution No. 17, Series 2020 Background: Please see attached memorandum. Staff Recommendation: Approve or approve with amendments Resolution No. 17, Series 2020. Halloran reviewed Resolution No. 17, Series of 2020 with council. Halloran stated in March 2020 the municipal bond market was in turmoil and oversaturated, however since then it has stabilized and continues to present an opportunity for interest savings estimated at over $700,000. July 7, 2020 - Page 19 of 86 Town Council Meeting Minutes of May 19, 2020 Page 7 Foley made a motion to approve Resolution No. 17, Series of 2020; Mason seconded the motion passed (7-0). 8.3. Permission to Proceed through the Development Review Process for use of Town of Vail owned property for the placement of air conditioning units and associated screening in the vicinity of 292 East Meadow Drive. Presenter(s): Erik Gates, Planner Action Requested of Council: The Town Council is asked to review a request to submit a development review applications (Design Review Board) for use Town of Vail property for the placement of air conditioning units and associated screening on Town owned property and public rights of way. Staff Recommendation: The Vail Town Council instructs Town Staff to sign the development application on behalf of the property owner and permit the project to proceed through the development review process for the proposed improvements. Gates stated the applicant had attempted to receive a previous permission to proceed for A/C units on April 7, 2020. Council denied the application for a number of reasons including concerns over noise generation, clean energy use for these improvements, and the need for use of town-owned property. The applicant had returned with an updated application that included new proposed locations for some A/C units and a letter from the Mountain Haus Condominium Homeowner’s Association. Gates said all A/C units would be placed adjacent to the building. These two units would be screened by fencing to match existing fencing around the pool enclosure. The A/C units proposed for the South side of the building are proposed within Mountain House property, however, screening would need to be placed on town Stream Tract. There would be additional A/C units and screening being proposed on the east side of the building, subject to an agreement between the owners of Mountain Haus and Vail Mountain Lodge. All other improvements occur entirely within private property. Council appreciated the additional information regarding this request. Coggin stated he would not approve this request until there was a consistent process developed for everyone to follow. Foley confirmed with Gates this request was to allow the applicant to go before the DRB for approval. Bruno made a motion to approve this request and allow the applicant to go through the Design Review Board process for use of Town Vail Property for the placement of air conditioning units and associated screening in the vicinity of 292 East Meadow Drive; Langmaid seconded the motion passed (6-1* Coggin opposed). 8.4. Stephens Park Play Area Renovation Update and Direction Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: Listen to presentation and direct staff on next steps. July 7, 2020 - Page 20 of 86 Town Council Meeting Minutes of May 19, 2020 Page 8 Background: Construction of the Stephens Park Play Area Renovation project was put on hold in February due to high construction costs and limited contractor availability. COVID-19 related changes to contractor schedules have resulted in an opportunity to construct the project at a significantly reduced cost. See attached staff memorandum for detailed information. Barrie reviewed the Stephens Park Play Area Renovation project with the council. The project was put on hold in February due to high construction costs and limited contractor availability. The revised cost to renovate Stephens Park was comparable to other recent Town of Vail playground projects. Three most recent play area projects have ranged in cost from about $375,000 in 2012 to $490,000 in 2016. Barrie stated this was a good opportunity to complete a necessary project at a reduced cost while simultaneously providing stimulus to the local labor force. Council noted there are many new families in Stephens Park area and are excited to see the update. It was confirmed the construction would happen in June and July. Stockmar made a motion to authorize the Town Manager to enter into an agreement with RA Nelson not to exceed $286,000.00 and an agreement with ID Sculpture not to exceed $61,000 in connection to the park plans that were discussed; Coggin seconded the motion passed (7-0). 9. Public Hearings 9.1. Ordinance No. 5, Series of 2020, Second Reading, An Ordinance Reducing the Numbers of Board Members Required to Serve on the Town of Vail Arts Board Presenter(s): Matt Mire, Town Attorney Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 5, Series of 2020 upon second reading Background: The Vail Town Council wishes to reduce the number of board members required to serve on the Town of Vail Arts Board from seven members to five members. Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 5, Series of 2020 upon second reading. Mire reviewed Ordinance No. 5, Series of 2020 with council stating there were no changes since the first reading. There was no public comment. Coggin made a motion to approve Ordinance No. 5, Series of 2020 upon second reading; Mason seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Mason seconded the motion which passed (7-0) and the meeting adjourned at 8:45 p.m. Respectfully Submitted, July 7, 2020 - Page 21 of 86 Town Council Meeting Minutes of May 19, 2020 Page 9 Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 7, 2020 - Page 22 of 86 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 : E lectric C harging Station install Contract Award B AC K G RO UND: See attached memo S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney with E ncore E lectric in the amount not to exceed, $62,120.00. AT TAC H ME N TS : Description Electric Char ging Station install contract awar d July 7, 2020 - Page 23 of 86 To: Town Council From: Public Works Department Date: July 7,2020 Subject: Electric Charging Station install contract award I. ITEM/TOPIC Electric bus Charging Stations installation contract Award Vail Transportation Center II. BACKGROUND Four electric buses are scheduled to be delivered to the town this fall. In anticipation of the operation of the buses once delivered The installation of charging stations installed on the West end of top deck of the village parking structure is needed. These charging stations require a new electric service taken from the existing main electrical room in the parking structure to the charging station location Three bids were received for this work. Encore Electric is the low bidder. III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Encore Electric. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney with Encore Electric in the amount of, and not to exceed, $62,120.00. July 7, 2020 - Page 24 of 86 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 : S ynexis Dry Hydrogen P eroxide S ystem Contract Award B AC K G RO UND: See attached memo S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an initial purchase agreement, in a f orm approved by the Town A ttorney with S ynexis in an amount not to exceed $ 183,450 as directed by the council, in addition to the ongoing maintenance f or 2020. AT TAC H ME N TS : Description Synexis Dry H ydr ogen Peroxide System Memo July 7, 2020 - Page 25 of 86 To: Town Council From: Public Works Department Date: 6-18-20 Subject: Synexis Dry Hydrogen Peroxide System I. ITEM/TOPIC Synexis Dry Hydrogen Peroxide System contract award II. BACKGROUND Public works staff has researched disinfectant system for use in town of vail buildings and buses, since the beginning of the Covid-19 pandemic. Staff has concluded that the Synexis Dry Hydrogen Peroxide system is not only the most effective but is also the most cost effective. The system uses humidity and oxygen from the air to produce dry hydrogen peroxide which permeates the space. It kills viruses continuously... There are two costs associated with this system. The first is the initial equipment purchase. The install will be preformed by public works staff. The second is system does require a quarterly upkeep and replacement of the sails and filters The cost for the various buildings and buses are as follows: Equipment for all occupied spaces within all town buildings including the Ski Museum, $135,700.00 Supplies for upkeep for all town buildings, $51,035.00 yearly. Equipment for all Town of Vail buses, $14,400.00 Supplies for upkeep for all town buses, $8,000.00 yearly. Equipment for all Vail Recreation District buildings, $33,350.00. Supplies for upkeep for the all Vail Recreation District buildings, $16,000.00 The Town of Vail will take the majority of the initial funds from the current Capital Facilities Maintenance Budget, the Heavy Equipment Fund R eserve, and the Real Estate Transfer Tax Fund specific building funds and RETT Capital Building funds. July 7, 2020 - Page 26 of 86 Town of Vail Page 2 The annual maintenance would come from 2020 maintenance funds which were adjusted for extra cleaning and disinfecting during the pandemic. The need to disinfect our spaces by the town’s cleaning contractor would be replaced with the new system. The VRD if agreed by the board would do the same. Budgets for 2021 have not been prepared but would have either included the same increased cleaning or will now include the ongoing maintenance of the system. III ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an initial contract and ongoing maintenance agreement with Synexis. III. STAFF RECOMMENDATION Authorize the Town Manager to enter into an initial purchase agreement, in a form approved by the Town Attorney with Synexis in an amount upto $ 183,450 as directed by the council, in addition to the ongoing maintenance for 2020. July 7, 2020 - Page 27 of 86 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 A merica Days Recap July 7, 2020 - Page 28 of 86 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 : P olice Use of F orce P olicy D iscussion P RE S E NT E R(S ): D wight Henninger, P olice Chief ; Ryan Kenney, P olice C ommander; Craig B ettis, Police C ommander; and Police S ergeant Chris B otkins B AC K G RO UND: On F riday, J une 19, 2020, Governor Polis signed S enate B ill 20-217, E nhance L aw E nforcement I ntegrity, into law. T his presentation is an update to the new law requirements. AT TAC H ME N TS : Description Memo Presentation July 7, 2020 - Page 29 of 86 June 25, 2020 To: Town Council Through: Scott Robson, Town Manager Dwight Henninger, Chief of Police From: Ryan Kenney, Operations Commander Subject: Vail Police Department Use of Force Policies On Friday, June 19, 2020, Governor Polis signed Senate Bill 20-217, Enhance Law Enforcement Integrity, into law. https://leg.colorado.gov/sites/default/files/2020a_217_signed.pdf This new set of laws addresses a myriad of issues including: the use of body worn cameras, data collection, peace officer certification, use of force, qualified immunity and duty to intervene. The Vail Police Department created a presentation designed to update Town Council on our use of force policies, the effects of Senate Bill 20-217 and training. The Vail Police Department’s use of force policy required few changes to comply with SB217. Those changes, along with several key components of the use of force policy, are outlined in a Power Point presentation that accompanies this document. The complete policy manual is jointly managed by VPD and the Lexipol organization and follows the Colorado State model. Lexipol is in the process of updating all policies effected by SB217 and will issue policy updates in the coming days. Vail PD’s policy manual can be accessed securely online and can be made available to Town Council at any time. When judging the reasonableness of any application of force, the fact is that officers are often forced to make split-second decisions about the amount of force that reasonably appears necessary in a particular situation, with limited information and in circumstances that are tense, uncertain and rapidly evolving. Officers receive abundant training on decision making, de- escalation, use of force techniques and conflict resolution by classroom, practical, and scenario- based training. Vail PD tries to prepare our officers to respond to any incident, but the possibilities are endless. In the past five years, the Vail Police Department has conducted a variety of training related to use of force. Below is a list of those training classes. July 7, 2020 - Page 30 of 86 Town of Vail Page 2 May 2015 – VPD Sgt. Chris Botkins conducted a class on In-Custody Death Prevention. The curriculum was sponsored by the Institute for Prevention of In-Custody Deaths. The training included: • Review of recurring incidents in order to avoid accusations and lawsuits stemming from “deliberate indifference to training” (Canton, Oh., v. Harris). • The course educated officers on how to reduce the danger of criminal and civil liability, focusing on multi-disciplinary approaches (law enforcement, emergency medical service and hospital) that strive to ensure the safety of the subject, the public, and the officer. • Thorough background of excited delirium, to include symptoms, origins, and past cases. • The proper control of individuals who may exhibit drug induced “super-human” strength and familiarize with effective apprehension techniques. • Discussed the latest information about positional asphyxia and its relation to restraint by law enforcement officers. • How to effectively document use of force incidents. • Reviewed information on the use of electronic control devices for excited delirium incidents and familiarized proper response protocols aimed at protecting the subject, the public and law enforcement. May 2016 – VPD Commander Daric Harvey conducted a class on Implicit Bias and Policing, which included: • Implicit bias is the science of bias and the negative consequences of letting “hidden biases” impact perceptions and behavior and, most importantly, focused on teaching police professionals the skills that they need to reduce and manage their biases. • The training enhanced the officers’ abilities to engage more safely, justly and effectively. • The skills also furthered the agency’s efforts to strengthen the relationship between the department and the community that it serves. May 2017 – Basalt PD Chief Keith Ikeda (ret.) conducted a class on Community Policing, which included: • Community policing is a philosophy that promotes organizational strategies, which support the systematic use of partnerships and problem-solving techniques, to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime. • Community policing focuses on crime and social disorder through the delivery of police services. The training focused on prevention, problem-solving techniques and strategies, community engagement, and developing partnerships. May 2017 – VPD Sgt. Luke Causey and Sgt. Justin Liffick conducted a training on Fair and Impartial Policing, which included: • Discussed the modern science of bias to public safety; the effect of implicit bias and discussed skills officers need to reduce and manage their biases and not just racial/ethnic bias, but biases based on other factors, such as gender, sexual orientation, religion and socio- economic status. July 7, 2020 - Page 31 of 86 Town of Vail Page 3 • Curriculum addressed various biases and their implications for law enforcement, including implicit associations, attentional bias, confirmation bias, and we/they bias and dehumanization. • Everyone was given skills to identify biased behavior in their decision making and take corrective actions when they detect biased decision-making. April 2017 – Angelo Fernandez, Vail Centre For Community Leadership, conducted a course on Ethics. May 2019 – VPD Chief Dwight Henninger followed up with a course specific to Police Ethics. The trainings included the following: • Ethics plays a role across every profession and every discipline but perhaps none more significantly than in law enforcement. • In today's environment, with the use of body cams and camera phones, increased media, and public scrutiny, law enforcement agencies must ensure an ethical environment both for themselves and the public they serve. • The course focused on identifying positive ethics and values and how to develop an ethical mindset, with discussion around the importance of improving ethics in policing through awareness and training, along with examining ethical dilemmas. In both Spring 2018 and Spring 2019, training courses were conducted on De-Escalation Techniques. In 2018, Michelle Muething, a Crisis Counselor from the Hope Center facilitated the training. In 2019, VPD Detective Lachlan Crawford conducted training. The trainings included the following: • These courses identified techniques for de-escalation, plans for minimizing use of force, explained the importance of training officers for these encounters and explained how to apply these strategies to de-escalate volatile situations. • Officers are now better equipped mentally to make the critical decisions under stress necessary to de-escalate crisis situations and to minimize the force used when use of force becomes necessary. Recently, as of May 2020, the following trainings were completed by all VPD officers (through an online platform due to COVID-19). The trainings were hosted by Police One and CIRSA, both nationally recognized training platforms. The courses included the following: • Less Lethal Force • De-escalation and Minimizing Use of Force • Ethical and Effective Policing • Anti-Bias Training • Community Policing In addition to these courses, officers attend Spring and Fall training each year. Colorado Peace Officer Standards and Training (POST) require 24 hours of training each year. Vail PD provides 80 hours each year which covers a myriad of topics. July 7, 2020 - Page 32 of 86 VAIL POLICE DEPARTMENT Use of Force July 7, 2020 - Page 33 of 86 AGENDA •Use of force policy •SB217 requirements •Policy changes •Use of force techniques demonstration •Body Worn Camera footage •Training •Questions? July 7, 2020 - Page 34 of 86 EXISTING POLICY VPD policy 300 covers the use of force. The purpose of the policy is to provide guidelines on the reasonable use of force. The backbone of the policy is; “Officers shall use only that amount of force that reasonably appears necessary given the facts and circumstances perceived by the officer at the time of the event to accomplish a legitimate law enforcement purpose.” July 7, 2020 - Page 35 of 86 EXISTING POLICY Any officer is justified in using reasonable and appropriate physical force upon another person when and to the extent that he/she reasonably believes it necessary (CRS § 18-1-707(1)): 1.To effect an arrest or to prevent the escape from custody of an arrested person, unless he/she knows that the arrest is unauthorized. 2.To defend him/herself or a third person from what the officer reasonably believes to be the use, or imminent use, of physical force while effecting or attempting to effect the arrest of a suspect or while preventing or attempting to prevent the escape of a suspect. Officers shall not apply force in excess of the force permitted by CRS § 18-8-803 to a person who has been rendered incapable of resisting arrest. July 7, 2020 - Page 36 of 86 EXISTING POLICY Factors used to determine reasonableness of force 1.Immediacy and severity of the threat to officers or others. 2.The conduct of the individual being confronted, as reasonably perceived by the officer at the time. 3.Officer/subject factors (age, size, relative strength, skill level, injuries sustained, level of exhaustion or fatigue, the number of officers available vs. subjects). 4.The effects of drugs or alcohol. 5.Subject’s mental state or capacity. 6.Proximity of weapons or dangerous improvised devices. 7.The degree to which the subject has been effectively restrained and his/her ability to resist despite being restrained. 8.The availability of other options and their possible effectiveness. July 7, 2020 - Page 37 of 86 EXISTING POLICY Factors used to determine reasonableness of force 9.Seriousness of the suspected offense or reason for contact with the individual. 10.Training and experience of the officer. 11.Potential for injury to officers, suspects and others. 12.Whether the person appears to be resisting, attempting to evade arrest by flight or is attacking the officer. 13.The risk and reasonably foreseeable consequences of escape. 14.The apparent need for immediate control of the subject or a prompt resolution of the situation. 15.Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others. 16.Prior contacts with the subject or awareness of any propensity for violence. 17.Any other exigent circumstances. (VPD Policy 300) July 7, 2020 - Page 38 of 86 EXISTING POLICY Deadly Force (VPD Policy 300) Use of deadly force is justified in the following circumstances: An officer may use deadly force to protect him/herself or others from what he/she reasonably believes would be an imminent threat of death or serious bodily injury. An officer may use deadly force to stop a fleeing subject when the officer has probable cause to believe that the person has committed, or intends to commit, a felony involving the infliction or threatened infliction of serious bodily injury or death, and the officer reasonably believes that there is an imminent risk of serious bodily injury or death to any other person if the subject is not immediately apprehended. Under such circumstances, a verbal warning should precede the use of deadly force, where feasible. July 7, 2020 - Page 39 of 86 EXISTING POLICY Imminent does not mean immediate or instantaneous. An imminent danger may exist even if the suspect is not at that very moment pointing a weapon at someone. For example, an imminent danger may exist if an officer reasonably believes any of the following: 1.The person has a weapon or is attempting to access one and it is reasonable to believe the person intends to use it against the officer or another. 2.The person is capable of causing serious bodily injury or death without a weapon and it is reasonable to believe the person intends to do so. July 7, 2020 - Page 40 of 86 SB217 18-1-707. Use of force by peace officers (1)PEACE OFFICERS…SHALL APPLY NONVIOLENT MEANS, WHEN POSSIBLE, BEFORE RESORTING TO THE USE OF PHYSICAL FORCE. A PEACE OFFICER MAY USE PHYSICAL FORCE ONLY IF NONVIOLENT MEANS WOULD BE INEFFECTIVE IN EFFECTING AN ARREST, PREVENTING AN ESCAPE, OR PREVENTING AN IMMINENT THREAT OF SERIOUS BODILY INJURY OR DEATH TO THE PEACE OFFICER OR ANOTHER PERSON. (2) (a) NOT USE DEADLY PHYSICAL FORCE TO APPREHEND A PERSON WHO IS SUSPECTED OF ONLY A MINOR OR NONVIOLENT OFFENSE; (b) USE ONLY A DEGREE OF FORCE CONSISTENT WITH THE MINIMIZATION OF INJURY TO OTHERS; July 7, 2020 - Page 41 of 86 SB217 (c) ENSURE THAT ASSISTANCE AND MEDICAL AID ARE RENDERED TO ANY INJURED OR AFFECTED PERSONS AS SOON AS PRACTICABLE; AND (2.5) (a) A PEACE OFFICER IS PROHIBITED FROM USING A CHOKEHOLD UPON ANOTHER PERSON. (b) (I) FOR THE PURPOSES OF THIS SUBSECTION (2.5), "CHOKEHOLD" MEANS A METHOD BY WHICH A PERSON APPLIES SUFFICIENT PRESSURE TO A PERSON TO MAKE BREATHING DIFFICULT OR IMPOSSIBLE AND INCLUDES BUT IS NOT LIMITED TO ANY PRESSURE TO THE NECK, THROAT, OR WINDPIPE THAT MAY PREVENT OR HINDER BREATHING OR REDUCE INTAKE OF AIR. July 7, 2020 - Page 42 of 86 SB217 18-1-707 (contd.) (II) "CHOKEHOLD" ALSO MEANS APPLYING PRESSURE TO A PERSON'S NECK ON EITHER SIDE OF THE WINDPIPE, BUT NOT TO THE WINDPIPE ITSELF, TO STOP THE FLOW OF BLOOD TO THE BRAIN VIA THE CAROTID ARTERIES. (3) A PEACE OFFICER IS JUSTIFIED IN USING DEADLY PHYSICAL FORCE TO MAKE AN ARREST ONLY WHEN ALL OTHER MEANS OF APPREHENSION ARE UNREASONABLE GIVEN THE CIRCUMSTANCES AND: (a) THE ARREST IS FOR A FELONY INVOLVING CONDUCT INCLUDING THE USE OR THREATENED USE OF DEADLY PHYSICAL FORCE; (b) THE SUSPECT POSES AN IMMEDIATE THREAT TO THE PEACE OFFICER OR ANOTHER PERSON; (c) THE FORCE EMPLOYED DOES NOT CREATE A SUBSTANTIAL RISK OF INJURY TO OTHER PERSONS. July 7, 2020 - Page 43 of 86 SB21718-1-707 (contd.) (4) A PEACE OFFICER SHALL IDENTIFY HIMSELF OR HERSELF AS A PEACE OFFICER AND GIVE A CLEAR VERBAL WARNING OF HIS OR HER INTENT TO USE FIREARMS OR OTHER DEADLY PHYSICAL FORCE, WITH SUFFICIENT TIME FOR THE WARNING TO BE OBSERVED, UNLESS TO DO SO WOULD UNDULY PLACE PEACE OFFICERS AT RISK OF INJURY, WOULD CREATE A RISK OF DEATH OR INJURY TO OTHER PERSONS. (4.5) NOTWITHSTANDING ANY OTHER PROVISION IN THIS SECTION, A PEACE OFFICER IS JUSTIFIED IN USING DEADLY FORCE IF THE PEACE OFFICER HAS AN OBJECTIVELY REASONABLE BELIEF THAT A LESSER DEGREE OF FORCE IS INADEQUATE AND THE PEACE OFFICER HAS OBJECTIVELY REASONABLE GROUNDS TO BELIEVE, AND DOES BELIEVE, THAT HE OR ANOTHER PERSON IS IN IMMINENT DANGER OF BEING KILLED OR OF RECEIVING SERIOUS BODILY INJURY. July 7, 2020 - Page 44 of 86 POLICY CHANGES 300.3 Use of Force will add language to address the level of force consistent with the minimization of injuries to other. 300.4 The current VPD policy, Deadly Force Applications is more restrictive than SB217 as currently written. Additional language will be added to address the risk of injury to other persons. 300.3.4 Carotid Control Hold is deleted. Current policy only allowed for use when deadly force was justified. 303.8 Kinetic Energy Projectile will add language to address target areas. July 7, 2020 - Page 45 of 86 DEFENSIVE TACTICS TECHNIQUES DEMONSTRATION Use of Force Continuum: Officer Presence Verbal Direction Soft Empty Hand –Pressure Points/Joint Locks Hard Empty Hand –Strikes/Arm Bar Takedown Intermediate Weapon –Taser X26P/Collapsible Baton Deadly Force (simulator) Chokehold vs. Carotid Control Hold July 7, 2020 - Page 46 of 86 FORCE OPTIONS •Officer Presence •Verbal Direction •Soft Empty Hand (pressure points, joint locks) July 7, 2020 - Page 47 of 86 FORCE OPTIONS •Hard Empty Hand (strikes, arm bar takedown) •Intermediate Weapon (Collapsible baton, taser) •Deadly Force •Chokehold vs. Carotid Control July 7, 2020 - Page 48 of 86 BWC FOOTAGE July 7, 2020 - Page 49 of 86 BWC FOOTAGE July 7, 2020 - Page 50 of 86 BWC FOOTAGE July 7, 2020 - Page 51 of 86 BWC FOOTAGE July 7, 2020 - Page 52 of 86 BWC FOOTAGE July 7, 2020 - Page 53 of 86 TRAINING What Vail PD has focused on the past five years. In-Custody Death Prevention -2015 Implicit Bias and Policing-2016, 2017 & 2020 Proper Restraints and Holds-2017 & 2020 Fair and Impartial Policing-2017 Community Policing-2017 & 2020 De-escalation Training-2018, 2019 &2020 July 7, 2020 - Page 54 of 86 TRAINING CONTINUED Crisis Intervention Training-2018 Less Lethal Force Option-2016, 2018 & 2020 Minimizing use of force and Proper Holds and Restraints 2017 & 2020 Ethical and Effective Policing – 2017, 2019 & 2020 Anti-Bias training -2016 & 2020 Community Policing-2017 & 2020 July 7, 2020 - Page 55 of 86 Questions? July 7, 2020 - Page 56 of 86 SB217 CROWD CONTROL Mandated Use of Force Changes; 24-31-905. Prohibited law enforcement action in response to protests. (1) IN RESPONSE TO A PROTEST OR DEMONSTRATION, A LAW ENFORCEMENT AGENCY AND ANY PERSON ACTING ON BEHALF OF THE LAW ENFORCEMENT AGENCY SHALL NOT: (a) DISCHARGE KINETIC IMPACT PROJECTILES AND ALL OTHER NONOR LESS-LETHAL PROJECTILES IN A MANNER THAT TARGETS THE HEAD, PELVIS, OR BACK; July 7, 2020 - Page 57 of 86 SB217 CROWD CONTROL Mandated Use of Force Changes; (b) DISCHARGE KINETIC IMPACT PROJECTILES INDISCRIMINATELY INTO A CROWD; OR (c) USE CHEMICAL AGENTS OR IRRITANTS, INCLUDING PEPPER SPRAY AND TEAR GAS, PRIOR TO ISSUING AN ORDER TO DISPERSE IN A SUFFICIENT MANNER TO ENSURE THE ORDER IS HEARD AND REPEATED IF NECESSARY, FOLLOWED BY SUFFICIENT TIME AND SPACE TO ALLOW COMPLIANCE WITH THE ORDER. July 7, 2020 - Page 58 of 86 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 Town C ouncil's Alternate Housing S ites I nitiative Memorandum of Understanding P resentation P RE S E NT E R(S ): George Ruther, Housing Director AC T IO N RE Q UE S T E D O F C O UNC IL : No Town C ouncil action is requested at this time. T he Mayor and Town Council will hear public comment on this item during an evening public meeting on J uly 21st. B AC K G RO UND: T he purpose of this agenda item is to present a copy of the Memorandum of Understanding (MO U) prepared f or the Vail Town C ouncil’s Alternate Housing S ite I nitiative. T he Vail Town Council will hold a public meeting on J uly 21st to review the MO U in greater detail and hear comment from the public. On J anuary 16, 2020, Vail Mayor D ave C hapin announced that the Town of Vail had approached representatives f rom Vail R esorts and Triumph D evelopment with the objective of exploring an alternate approach to the B ooth Heights development approved f or E ast Vail. I n doing so, it was acknowledged that the desire of the Town was to pursue a win-win outcome that achieved an equitable balance between the adopted housing and environmental stewardship goals. T he proposed memorandum of understanding outlines the details of an alternate housing site initiative. S TAF F RE C O M M E ND AT I O N: The memorandum of understanding is being presented to the Vail Town Council and public on J uly 7th. To increase transparency and afford additional time for public review prior to sharing public comment, a public meeting on this item is being held on J uly 21st. Town staff recommends the Vail Town Council and members of the community listen to the presentation in preparation of public meeting on J uly 21st. AT TAC H ME N TS : Description Memorandum of Understanding Presentation Memorandum 07072020 Alternate Housing Sites Initiative Memorandum of U nderstanding 07012020 Memorandum of Understanding Exhibit A Development Cost Reimbursement 07072020 Alternative Housing Site Initiative July 7, 2020 - Page 59 of 86 To: Vail Town Council From: George Ruther, Housing Director Date: July 7, 2020 Re: Vail Town Council’s Alternate Housing Site Initiative – Memorandum of Understanding Presentation 1. SUMMARY The purpose of this memorandum is to present a copy of the Memorandum of Understanding (MOU) prepared for the Vail Town Council’s Alternate Housing Site Initiative. This MOU would be a non-binding agreement by and between the Town of Vail, Triumph Development, and Vail Resorts and shall serve to outline the terms and details of an understanding between the partners which includes a mutual acknowledgement of each partners’ expectations, obligations, responsibilities with regard to a plan to pursue an alternate path to achieving the Town’s adopted housing and environmental stewardship goals. This MOU is intended to be a deliberate step towards executing more formal, legally binding agreements along the path, by and between the partners. A copy of the Memorandum of Understanding has been attached for reference. 2. BACKGROUND On January 16, 2020, Vail Mayor Dave Chapin announced that the Town of Vail had approached representatives from Vail Resorts and Triumph Development with the objective of exploring an alternate approach to the Booth Heights development approved for East Vail. In doing so, it was acknowledged that the desire of the Town was to pursue a win-win outcome that achieved an equitable balance between the adopted housing and environmental stewardship goals. Since that time, the primary focus of the Town’s efforts has been on town- owned properties where additional housing could be developed in the near term while ensuring adequate time and opportunity to implement habitat enhancements on town-owned and USFS- owned lands over the long term. The Town has adopted goals and policies for maintaining and sustaining community in Vail through the acquisition of new deed restrictions for housing and for wildlife habitat protection and environmental stewardship. By design, the adopted goals and polices are intended to be complimentary and supportive of one another. While priorities may differ from time to time, no one single set of goals or policies is more important than another. Instead, it is well recognized, a healthy balance amongst all the Town’s goals needs to be maintained. The Town’s goals are adopted with achievement in mind. For that reason, when goals are adopted, quantifiable measurements are established to track progress towards achieving the July 7, 2020 - Page 60 of 86 Town of Vail Page 2 goal. In the instance of housing in Vail, the Vail Town Council and Vail Local Housing Authority have established a measurable goal of acquiring 1,000 new deed restrictions by the year 2027. As it pertains to wildlife habitat protection and environmental stewardship, a measurable goal of ensuring that 4,500 acres of habitat is maintained to current or improved levels of biological health as measured by indicator species and land use has been adopted. Presently, implementation actions are in place which are advancing the Town towards achieving both its housing and environmental stewardship goals. 3. SUMMARY OF THE MEMORANDUM OF UNDERSTANDING A memorandum of understanding has been prepared for the Vail Town Council’s Alternate Housing Sites Initiative. As indicated above, the MOU would be a non-binding amongst the partners to outline the terms and details of an understanding that includes a mutual acknowledgement of the expectations, obligations, and responsibilities regarding a plan to pursue an alternate path to the development of the Booth Heights Parcel. In the end, the MOU articulates what is required for the partners to realize a win-win outcome for all. The MOU is best summarized by providing answers to each of the following questions: What is the purpose of the MOU? The purpose of the MOU is to establish the desired outcomes of the Vail Town Council’s Alternate Housing Sites Initiative and set forth the intended expectations of the partners regarding their willingness to cooperate in achieving the Initiative. Who are the parties to the MOU? The MOU would be a tri-party, collaborative partnership agreement by and between the Town of Vail, Triumph Development, and Vail Resorts. Why is a MOU necessary? The MOU is needed as time is of the essence and minimizes risk in proceeding forward. The MOU shall serve as an initial step towards acknowledging the active participation of each of the partners with knowledge that each is proceeding forward and will be acting in good faith. The MOU aims to effectively and efficiently move the Alternate Housing Sites Initiative forward in advance of executing legally binding agreements. What are the key deal points of the MOU? The key deal points of the MOU would include: • An extension of the approved Booth Heights entitlements will be granted to cover the additional time needed to achieve the win-win outcomes expected of the Alternate Housing Sites Initiative. • Lot 3, Middle Creek Subdivision will be made available for a future deed restricted housing development as an alternate site to Booth Heights. • An EHU credit will be granted to Triumph Development/Vail Resorts for the deed- restricted homes developed on Lot 3. The credit may be applied towards a future housing obligation. July 7, 2020 - Page 61 of 86 Town of Vail Page 3 • The Timber Ridge Village Apartments will be redeveloped in the future assuring a notable increase in the number of deed restricted homes. • The Town will be granted the title to the Booth Heights Parcel in exchange for Triumph Development’s opportunity to develop Lot 3 and the Timber Ridge Village Apartments • Wildlife fuels reduction will occur, and wildlife habitat enhancements will be completed to protect Vail’s bighorn sheep herd. • The Vail community is assured of increasing the supply of deed-restricted homes and enhancing, protecting, and preserving the Booth Heights Parcel, on the Town’s terms. What are the expectations, obligations, responsibilities of the partners? • All partners would be responsible for committing the resources needed and to act in good faith to achieve the win-win outcomes of the Alternate Housing Sites Initiative. • The Town and Triumph Development are expected be co -applicants on a development application to construct deed-restricted homes on Lot 3, Middle Creek Subdivision. • The Town is obligated to reimburse the partial costs of the entitlement investment made on the Booth Heights Parcel. • The Town is obligated to deliver Lot 3, Middle Creek Subdivision, free of all encumbrances by no later than September 15, 2021. • Triumph Development is obligated to deliver at least 144 beds on Lot 3, Middle Creek Subdivision by November of 2022. • Vail Resorts is expected to master lease 144 employee beds from Triumph Development upon completion of the homes. • The Town is expected to make measured progress towards its adopted housing goal and complete critical wildlife habitat enhancements. • Triumph Development/Vail Resorts are obligated to grant the title to the Booth Heights Parcel to the Town upon demonstrated progress towards established milestones. When will the various steps in the MOU be commenced and completed? There are numerous steps to complete to achieve the win-win outcome of the Alternate Housing Sites Initiative. Below is a summary of the steps along with an anticipated completion date of each. • Initiate multi-year, seven phase process to complete wildfire fuels reduction and habitat improvements - ongoing • Grant approval extending the Booth Heights entitlements – August 4, 2020 • Execute legally binding development agreements – December 31, 2020 • Achieve entitlement approvals for new homes on Lot 3, Middle Creek Subdivision – March 1, 2021 • Commence and complete construction of new homes on Lot 3, Middle Creek Subdivision – September 15, 2021 – November, 2022. • Negotiate option to redevelop Timber Ridge Village Apartments – September 15, 2021. • Grant title to Booth Heights Parcel to the Town – subject to milestone achievement. 4. SCHEDULE OF NEXT STEPS The schedule of next steps for the review and adoption of the MOU include: July 7th – Presentation of the draft MOU– presentation only July 7, 2020 - Page 62 of 86 Town of Vail Page 4 July 21st – Vail Town Council to host a public meeting on MOU - public comment August 4th – Vail Town Council to host a 2nd public meeting to consider resolution to adopt MOU – public comment 5. ATTACHMENTS A. Memorandum of Understanding – Vail Town Council’s Alternate Housing Sites Initiative, dated July 1, 2020. July 7, 2020 - Page 63 of 86 1 7/2/2020 MEMORANDUM OF UNDERSTANDING ALTERNATE HOUSING SITES INITIATIVE This Alternate Housing Sites Initiative Memorandum of Understanding (the "MOU") is made this ___________ day of ______________, 2020 (the "Effective Date") by and among the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), Triumph Development West, LLC, a Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail, Colorado 81657, and Vail Resorts, a ___________ with an address of ______________ (each a "Party" and collectively the "Parties") WHEREAS, the Parties wish to implement housing and environmental stewardship actions that increase the supply of deed-restricted homes in Vail and implements wildfire fuels reduction and wildlife habitat improvements in East Vail; WHEREAS, the Parties wish to adopt and implement the Alternate Housing Sites Initiative (the "Initiative") as described herein; WHEREAS, the Purpose of the Initiative is to create new deed-restricted housing units to help meet a portion of the Town's adopted Vail Housing 2027 Plan goals while protecting wildlife and preserving the property located at __________ (the "Booth Heights Parcel") consistent with the adopted 2018 Comprehensive Open Lands Plan Amendment; WHEREAS, the Initiative will ensure an increase in the supply of deed-restricted homes for employees of Vail Resorts and afford Triumph Development an equal or greater opportunity to develop homes in the Town; and WHEREAS, in the absence of this collaborative partnership, it is highly likely each of the Parties would fall short of their intended objectives, so this MOU makes all of the Parties stronger, and in turn, is in the best interest of the Vail community. NOW THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Purpose. The purpose of this MOU is to set forth the expectations of the Parties regarding the Initiative and their cooperation to achieve the Initiative. Nothing in this MOU shall affect the Town's quasi-judicial authority or limit the Town's police power. By entering into this MOU, the Town is not pre-judging any development application or guaranteeing that any development application will be approved. 2. Time is of the Essence. The Parties acknowledge the importance of actively participating and acting in good faith in an effort to realize the desired outcomes of this MOU. Further, the Parties understand, accept and commit to the implement the Initiative in a timely manner. The Parties further commit to assigning the resources needed to realize the shared and individual desired outcomes of the Initiative. July 7, 2020 - Page 64 of 86 2 7/2/2020 3. Desired Outcomes. Following are the desired outcomes realized by each of the Parties: a. Town. i. Substantial progress made towards achieving the adopted housing goal and protection and preservation of up to 4,500 acres of bighorn sheep habitat and wildfire fuels reduction. ii. Possession of title to the Booth Heights Parcel in East Vail to do with it as the Town deems appropriate. b. Triumph Development. i. An extension granted for the development rights and vested rights associated with the Booth Heights Parcel and the Site Specific Development Plan for the minor subdivision. ii. An opportunity to construct an equal or greater amount of deed-restricted development as is currently entitled on the Booth Heights Parcel. iii. All or partial reimbursement of the entitlement costs invested in the Booth Heights Parcel entitlement process. iv. A first option to partner with the Town on the future redevelopment of the Timber Ridge Village Apartments. v. An ehu credit of 53,340 square feet of GRFA, or 61 units of equivalency. c. Vail Resorts. i. 144 beds of deed-restricted homes for Vail Resorts employees available for occupancy by November, 2022 in the Lot 3, Project. ii. An extension granted for the development rights and vested rights associated with the Booth Heights Parcel approval. iii. An EHU credit of 53,340 square feet of GRFA, or 61 units of equivalency. iv. No displacement of current employee housing residents during construction of the additional 144 beds. v. Use of the Booth Heights parcel as means to advance the Town of Vail’s goals for deed-restricted homes and achieve the goal of 1,000 new deed restrictions by the year 2027. 4. Deal Points. The final agreements to be executed by the Parties will include the following deal points: July 7, 2020 - Page 65 of 86 3 7/2/2020 a. All Parties acknowledge the approved entitlements and vested rights for the Booth Heights Parcel will be extended for the duration of the steps identified in this MOU and in exchange Triumph Development and Vail Resorts will delay the start of any construction on the Booth Heights Parcel. b. The Town will make Lot 3, Middle Creek Subdivision available to Triumph Development to commence demolition and construction by September 15, 2021. c. Triumph Development and the Town, as development application co- applicants, will lead a design development effort to design and entitle, a new 100% deed- restricted development on Lot 3, Middle Creek Subdivision (the "Lot 3 Project"). Said development application shall comply with all adopted rules, regulations, and codes of the Town of Vail, as may be applicable. The co-applicant relationship will include assistance from the Town of Vail Planning Staff in the preparation of a development application and presentation for approval to the Town of Vail’s Design Review Board, Planning & Environmental Commission, and Vail Town Council, as required. The co- applicant relationship will cease upon the granting of the development application approval by the reviewing boards. Triumph Development will have sole responsibility of all subsequent development costs, risks and construction permitting. The Design Development Application Cost Reimbursement are as listed in Exhibit A attached hereto. d. The Town will fund the development application costs for the Lot 3 Project as a means of reimbursing Triumph Development for their investment in the approved entitlements for Booth Heights. Development application costs include those direct costs of site and project due diligence, civil and architectural design, legal fees for all parties directly related to the alternate development site, construction estimating, and preparing development applications and presentation of the application to the Town of Vail Planning & Environmental Commission and Design Review Board intended to demonstrate compliance with the adopted rules, regulations and codes of the Town, as may be applicable. In the event of the successful completion of Lot 3, Project, by Triumph Development, but the title to Booth Heights does not transfer to the Town, the property owner of the Booth Heights Parcel will reimburse the Town for the above development application costs prior to application for a building permit for development on the Booth Heights Parcel. e. The Town will retain Triumph Development to provide design development services and pay Triumph Development a partial fee in an amount not to exceed $300,000 for said services, based upon mutually accepted terms. Said terms shall include performance metrics and milestones to ensure progress and accountability. f. Triumph Development and the Town of Vail will execute a ground lease subordinated to all required construction financing for Lot 3, Middle Creek Subdivision with the Town, which will be similar in form to the Lions Ridge Apartments lease, with such lease to commence on or about September 15, 2021. Triumph Development will not request to subordinate the deed restriction to any financing. July 7, 2020 - Page 66 of 86 4 7/2/2020 g. Triumph Development will grant Vail Resorts an option to master lease up to 36, two-bedroom units (144 beds) in the Lot 3 Project, or in the existing Middle Creek apartments, as may be available, subject to mutually acceptable terms and at the sole discretion of Middle Creek Village, LLC. h. Upon execution of the Lot 3, Project Master Lease, Triumph Development will be granted a first option to negotiate the redevelopment of the Timber Ridge Village Apartments in partnership with the Town, with a goal of at least 200 deed-restricted, multi- family units. The terms of the partnership will be negotiated and approved based upon mutual acceptance. Commencement of this redevelopment will not occur until issuance of a certificate of occupancy and the recording of the deed restriction providing at least 144 beds for the Lot 3 Project. i. EHU Credit – The Town will grant an ehu credit of up to 53,340 square feet and 61 units, subject to the provisions of the Vail Town Code, and the completion of the following milestones: i. Recording of a deed restriction providing at least 144 beds for the Lot 3, Project. ii. Issuance of a certificate of occupancy for the Lot 3, Project. iii. The recording of a deed restriction prohibiting any employee housing credits on the Booth Heights Parcel. j. Triumph Development will grant Vail Resorts an option to master lease up to 54 two-bedroom homes in the redeveloped Timber Ridge Village Apartments, upon mutually acceptable terms to be negotiated at a later date. k. The Town of Vail will be granted the title to the Booth Heights Parcel, subject to the completion of the following milestones: i. Execution of a Development Agreement by the Parties memorializing the terms of this MOU by December 31, 2020. ii. PEC and DRB approval of a Lot 3 Project by March 1, 2021 and a certificate of occupancy by November 2022 (min. 144 beds). ii. Timber Ridge Village Apartments issuance of building permit (minimum of 100 net new additional deed restrictions). iii. The Town’s acquisition of a minimum of 400 net new deed restrictions. The acquisition may be in the form of rezoning of net new land area to the Housing (H) District (average density of 25 units per acre), newly constructed homes either in Vail or down valley, duly approved entitlements, development mitigation obligations, or other means of acquisition deemed appropriate by the Town to achieve its adopted housing goal. As of July 1, 2020, the effective date of this provision, the Town of Vail has a total of 905 recorded deed restrictions. All July 7, 2020 - Page 67 of 86 5 7/2/2020 deed restrictions acquired by the Town after the effective date shall be applied to this milestone. iv. Creation of a publicly available tracking tool and regular demonstration of progress for the acquisition of net new deed restrictions through the year 2027. l. The approved entitlements for the Booth Heights Parcel will be extended until the title to the Parcel is granted to the Town. If the Parties fail to achieve the milestones, the one-year expiration restarts on the approved entitlements and vested rights for the Booth Heights Parcel. 5. Initiative. The Initiative includes the following 7-step strategy: a. Step 1. The Town will work with the USFS White River District to implement a multi-year, 7-phase process to complete wildfire fuels reduction and wildlife habitat improvements to more than 4,500 acres in East Vail. b. Step 2. The Town will take title to Lot 3, Middle Creek Subdivision free and clear of the current ground lease with Middle Creek Village LLC. The Town will provide written notice to CGL of the Town's intent to make the site available for future housing development, by no later than September 15, 2021. c. Step 3. The Town will file rezoning application(s) to increase the total amount of land area zoned in the Housing (H) District to ensure no net loss of Housing (H) District property as a result of the potential future protection and preservation of the Booth Heights Parcel. Locations for Town-initiated rezoning to Housing (H) District will be determined through public input and a public process. d. Step Four. The Town will complete a study to explore the feasibility and cost of renovating the Vail Gymnastic Center to facilitate a future use of the building to accommodate both gymnastics/recreation programming and an early childhood education center. e. Step Five. CGL will vacate Lot 3, Middle Creek Subdivision no later than September 15, 2021, and Triumph Development will construct a housing development for at least 144 Vail Resorts employees to be available for occupancy by no later than November, 2022. The Town will commit a portion of the financial and staff resources needed toward the site selection, building design and construction of a future CGL. f. Step Six. Triumph Development will be granted a first option to negotiate a redevelopment plan for the Timber Ridge Village Apartments with construction to begin in May 2023, and available for occupancy no later than October 2024. g. Step Seven. Title to the Booth Heights parcel will remain with Vail Resorts until such time as wildlife habitat improvements are complete and the goal of 400 new deed restrictions is achieved. If the milestones described above are met, the title will transfer sooner. July 7, 2020 - Page 68 of 86 6 7/2/2020 6. Term and Termination. This MOU shall commence upon the Effective Date and terminate one year thereafter, provided that any Party may terminate this MOU earlier than such date upon 30 days' written notice to the other Party. The term of the MOU may be extended upon mutual written agreement of the Parties. 7. Miscellaneous. a. Modification. This MOU may only be modified by subsequent written agreement of the Parties. b. Integration. This MOU and any attached exhibits constitute the entire agreement between the Parties, superseding all prior oral or written communications. c. Binding Effect. This MOU shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. d. Severability. If any provision of this MOU is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. e. Governing Law and Venue. This MOU shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. f. Assignment. There shall be no transfer or assignment of any of the rights or obligations of any Party under this MOU without the prior written approval of the other Parties. g. Third Parties. There are no intended third-party beneficiaries to this MOU. h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this MOU are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This MOU shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. i. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this MOU, and the Town shall never be liable or responsible for any debt or obligation of any participant in this MOU. TOWN OF VAIL, COLORADO _______________________________ Dave Chapin, Mayor ATTEST: July 7, 2020 - Page 69 of 86 7 7/2/2020 __________________________________ Tammy Nagel, Town Clerk TRIUMPH DEVELOPMENT WEST LLC ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by ______________ as ______________ of Triumph Development West LLC. My commission expires: (S E A L) _______________________________ Notary Public July 7, 2020 - Page 70 of 86 8 7/2/2020 VAIL RESORTS _______________________________ STATE OF COLORADO ) ) ss. COUNTY OF ______________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ______________, 2020, by _________________ as ________________ of Vail Resorts. My commission expires: (S E A L) _______________________________ Notary Public July 7, 2020 - Page 71 of 86 EXHIBIT A Design Development Application Cost Reimbursement Design development application costs include those direct costs incurred by the Town and Triumph Development, as co-applicants, to determine the development potential of the Lot 3 Project site and obtain development approvals and entitlements from the Town of Vail Planning & Environmental Commission and Design Review Board for the Lot 3 Project equivalent to the current development approvals and entitlements granted for the Booth Heights Parcel. Those direct costs include: • project due diligence, such as geotechnical testing, environmental assessment, traffic studies, environmental impact reports; • civil engineering, • landscape design, • life-safety analysis, • traffic reports and studies; • architectural design; • development application and design review fees; • professional consultant fees for preparing and presenting design development applications to the Town of Vail Planning & Environmental Commission and Design Review Board; • costs incurred to demonstrate compliance with the adopted rules, regulations and codes of the Town, as may be applicable, in pursuit of design development application approval. • legal fees for all parties directly related to the pursuit of this alternate development site; Costs directly related to pre-construction services, construction estimating, testing, construction planning, document preparation, or other similar costs incurred outside of the development application approval processes are NOT reimbursable expenses. July 7, 2020 - Page 72 of 86 Alternate Housing Sites Initiative Tuesday, July 7, 2020 A Vail Town Council & Vail Local Housing Authority Partnership July 7, 2020 - Page 73 of 86 VAIL HOUSING 2027 PLAN “A Strategic Plan for Maintaining and Sustaining Community through the Creation and Support of Resident Housing in Vail” July 7, 2020 - Page 74 of 86 OPEN LANDS PLAN AMENDMENT Adopted in 2018 “Habitat is maintained to current or improved levels of biological health as measured by indicator species” July 7, 2020 - Page 75 of 86 WHOVAIL COMMUNITY July 7, 2020 - Page 76 of 86 This initiative is to improved and enhance wildlife habitat and to create more deed-restricted homes for Vail that will: •Add to the Vail Housing 2027 Plan inventory bringing more deed-restricted homes to Vail •Implement a 7-phase process to complete wildlife habitat improvements on more than 4,500 acres WHYJuly 7, 2020 - Page 77 of 86 •Progress made towards gaining more deed-restricted homes •Preservation of the 4,500 acres of bighorn sheep habitat at Booth Heights •Wildfire fuels reduction •Obtain title to Booth Heights parcel Desired outcome for WHATJuly 7, 2020 - Page 78 of 86 •To be given an extension on development rights of Booth Heights project •Partial reimbursement of costs associated with the Booth Heights project •To be given first option on future housing developments in Vail –Middle Creek and Timber Ridge Desired outcome for WHATJuly 7, 2020 - Page 79 of 86 •To obtain 144 deed -restricted homes for Vail Resorts employees •To be given an extension on development rights of Booth Heights project •Granting of EHU credit Desired outcome for WHATJuly 7, 2020 - Page 80 of 86 WHENOngoing Initiate multi-year, seven phase process to complete wildfire fuels reduction and habitat improvements -ongoing Aug. 4, 2020 Grant approval extending the Booth Heights entitlements Dec. 31, 2020 Execute legally binding development agreements March 1, 2021 Achieve entitlement approvals for new homes on Lot 3, Middle Creek Subdivision Sept. 15, 2021 –Nov., 2022 Commence and complete construction of new homes on Lot 3, Middle Creek Subdivision Sept. 15, 2021 Negotiate option to redevelop Timber Ridge Village Apartments Subject to meeting milestones Grant title to Booth Heights Parcel to the town July 7, 2020 - Page 81 of 86 Key deal points will include: •An extension on development rights of Booth Heights project •The Town of Vail and Triumph Development will partner on future deed-restricted home locations and development •Approval of who pays for what and how to reimburse parties involved in the Booth Heights development HOWJuly 7, 2020 - Page 82 of 86 Initiatives will include: •Start wildfire fuels reduction and wildlife habitat improvements to the Booth Heights 4,500 acres •Discussion of Lot 3 development for deed- restricted housing •Complete study of renovation to the Vail Gymnastic Center to accommodate Children’s Garden of Learning HOWJuly 7, 2020 - Page 83 of 86 Initiatives will include: •Approval for Triumph Development to begin work at the Middle Creek Subdivision location •Triumph Development granted first option to redevelop Timber Ridge Village Apartments •Title to the Booth Heights parcel will remain with Vail Resorts until certain milestones are achieved HOWJuly 7, 2020 - Page 84 of 86 Timber Ridge Booth Heights Middle Creek Sub. July 7, 2020 - Page 85 of 86 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Adjournment 8:00 p.m. (estimate) July 7, 2020 - Page 86 of 86