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HomeMy WebLinkAbout2020-07-21 Agenda and Supporting Documentation Town Council Afternoon Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Agenda Virtual 1:00 P M, July 21, 2020 Meeting to be held Virtually (access High Five Access Media livestream https://www.highfivemedia.org/live-five the day of the meeting and visit https://www.vailgov.com/town-council to participate in public comment) Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Council will consider an item. Public comment on any agenda item may be solicited by the Town Council. 1.Executive Session 1.1.Executive Session, pursuant to C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions and to develop a negotiating strategy and instruct negotiators regarding: 1) Delponte v. Town of Vail Case No. 2014C V30404 and 2) Proposed amendment to the Development Agreement between the Town and the Solaris Development. 30 min. Presenter(s): Matt Mire, Town Attorney 2.The Afternoon Regular Meeting will convene at 1:30 p.m. 3.Presentation / Discussion 3.1.The Bi-annual Update on Lodging Occupancy from Destimetrics 30 min. Presenter(s): Tom Foley, Senior Vice President at Destimetrics, a division of I nntopia Action Requested of Council: I nformational only. Background: Destimetrics tracks lodging occupancy and A D R on a local, regional and national basis. The report will reflect Y TD as well as future outlook for lodging occupancy. 3.2.Vail Valley Forest Health and Fuels Project Proposal 45 min. Presenter(s): Kristen Bertuglia, Environmental Sustainability Director, Ash Smith, S E Group, US Forest Service Action Requested of Council: Review the materials and ask any questions of the US Forest Service and or S E Group on the National Environmental Policy Act (NE PA) review process. Background: The agenda item is a discussion of the National Environmental Policy Act (NE PA) process and the upcoming Challenge Cost Share Agreement between the Town and the US Forest Service, as well as a contract with S E Group to complete technical field work. The Vail Valley Forest Health and Fuels Project is being proposed by the US Forest Service in East Vail adjacent to the Booth Creek drainage on roughly 4400 acres of US FS land, including about 2200 acres of Eagles Nest wilderness area in order to reduce community wildlife risk. This project has the July 21, 2020 - Page 1 of 148 potential to include multiple secondary benefits including regeneration of vegetation suitable for wildlife habitat. 3.3.Proposed Parking Amendments in Housing Zone District Discussion 30 min. Presenter(s): J onathan Spence, Planning Manager and Chris Southwick, Mobility I nnovation Coordinator Action Requested of Council: Staff recommends the Town Council engage in a discussion concerning this alternative approach to mobility and parking requirements in the Housing (H) District and direct staff to proceed with an amendment to the Vail Town Code, to be reviewed by the Planning and Environmental Commission and subsequently the Town Council. Background: Over the last six months, staff has explored alternative approaches to addressing parking and mobility requirements in the Housing (H) District. Staff has formulated draft language that shifts from prescriptive parking requirements based on unit count to requirements based on the actual parking and mobility needs of the residents, as determined and managed through a Mobility Management Plan. 3.4.Children’s Garden of Learning Update 20 min. Presenter(s): George Ruther, Housing Director Action Requested of Council: No action is requested at this time Background: A number of potential site options are being considered and evaluated for feasibility to relocate the Children’s Garden of Learning in Vail. The Town and Board are presently working with a September, 2021 timeframe to vacate the existing building and site. Timeline remains a critical path obstacle. Sites currently being evaluated include: Vail Gymnastics Center Town of Vail Municipal Offices - W est Building Cascade Tennis Courts 3.5.E-Bike Share Pilot Program Update 30 min. Presenter(s): Beth Markham, Environmental Sustainability Coordinator, Kristen Bertuglia, Director Background: I n February of 2020 the Environmental Sustainability Department publicly released a Request for Proposals (RFP) for an electric bike share service provider provide a short-term pilot to test a micro-mobility transportation alternative to driving or taking the bus for shorter commutes. Bewegen Technologies was awarded the contract. The pilot program began J uly 1 and will end Septmebr 9, 2020. The objective of the electric bike share pilot program is to discover whether an e-bike program is an appropriate community service in Vail. A full report will be provided to Town Council with staff recommendations upon completion of the pilot program in September, 2020. 3.6.Bicycle Slow Zone program for Pedestrian Areas Update 20 min. Presenter(s): Gregg Barrie, Senior Landscape Architect Action Requested of Council: To review the information provided and offer direction to staff. Background: During the J uly 7 Town Council meeting, the Council discussed ideas for reducing conflicts between bicycles and pedestrians in July 21, 2020 - Page 2 of 148 congested areas of Vail Village. The Council asked staff to work towards implementation of bicycle “slow zones” in those areas. The purpose of this agenda item is to update the Council on the progress of this new program. Staff Recommendation: Staff recommends that a trial signage and education program creating bicycle slow zones in Vail Village and Lionshead can be implemented quickly and at a relatively low cost to evaluate how this type of program can be effective. 3.7.Economic Recovery Efforts in Response to Public Health Crisis 30 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: I nformational review of economic recovery efforts with some council direction requested. Background: Town Manager will present updates about recent public health orders and several economic recovery programs that have been proposed to assist local Vail business owners. 4.D R B / P E C Update (5 min.) 4.1.D RB / P E C Update Presenter(s): J onathan Spence, Planning Manager 5.Matters from Mayor, Council and Committee Reports (10 min.) 6.Recess 6.1.Recess 5:00 pm (estimate) Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All town c ounc il meetings will be streamed live by High Five Acc ess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five A cc ess Media website the week following meeting day, www.highfivemedia.org. Please c all 970-479-2136 for additional information. S ign language interpretation is available upon request with 48 hour notification dial 711. July 21, 2020 - Page 3 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Executive Session, pursuant to C.R.S. §24-6-402(4)(b)(e) - to receive legal advice on specific legal questions and to develop a negotiating strategy and instruct negotiators regarding: 1) Delponte v. Town of Vail Case No. 2014C V30404 and 2) Proposed amendment to the Development Agreement between the Town and the S olaris Development. P RE S E NT E R(S ): Matt Mire, Town Attorney July 21, 2020 - Page 4 of 148 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: T he B i-annual Update on L odging Occupancy from Destimetrics P RE S E NT E R(S ): Tom F oley, S enior Vice P resident at Destimetrics, a division of I nntopia AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only. B AC K G RO UND: Destimetrics tracks lodging occupancy and A D R on a local, regional and national basis. The report will reflect YT D as well as future outlook for lodging occupancy. AT TAC H ME N TS: Description Destimetrics Summer 2020 July 21, 2020 - Page 5 of 148 Vail Town Council July 21, 2020 Data as of June 30, 2020 Presented by Tom Foley July 21, 2020 - Page 6 of 148 Ongoing Look: Jobs, better but…… 2 Mar 7 July 16 Mar 7 July 16211,000 282,000 3,307,000 6,867,000 6,615,000 5,237,000 4,442,000 3,867,000 3,176,000 2,687,000 2,446,000 2,123,000 1,897,000 1,566,000 1,540,000 1,480,000 1,427,000 1,310,000 1,300,000 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 Jobless Claims Reporting March 7 to July 16 0 10,000,000 20,000,000 30,000,000 40,000,000 50,000,000 60,000,000 Cumulative Jobless Claims Reporting March 7 to July 16 July 21, 2020 - Page 7 of 148 11.1% 98.1 0.0 50.0 100.0 150.0 200.0 250.0 300.0 350.0 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% 11.0% 12.0% 13.0% 14.0% 15.0% 25,595 3 Economy Dow Jones Unemployment Confidence July 21, 2020 - Page 8 of 148 4 Economy Dow Jones: •25,595: -4.7% / 1,268 from June ‘19; -11.3% / 3,263 from Jan 1; +16.8% / 3,678 from Mar 1 •Not indictative of Consumer Spending, Employment, GDP Projections •Wall St. is a reflection of Wall St. •Despite dramatic losses in late Feb and through March, remains oversold •+ /-Supporting Savings (+); Jobs (-); Oversold (-); Broad Swings (-); Trade (-) Globecon(-) Consumer Confidence •98.1 Pts; Up from 85.7 in Apr, 85.9 in May; 3 Mo Avg = 2014 •Lags More Current Indicators by 25 Days •Buying Power in the hands of Consumers = Rate Pressure / Revenue Pressure •+/-Recessionary levels (-); Unemployment (-); Inflation Issues (-); Trade (-); Consumer Prices (-); Gasoline Short Term (+); (---) Unemployment Rate / Jobs •Unemployment 11.1%, down from 13.3% & 14.7% (May/Apr); Up from 3.6% January •Massive Job Losses; Current 1.3 million / week; 51.8 Mn since Mar 7 •The only job certainty is uncertainty; increasingly volatile over time •+/-CARES Act Expiration (-); Multi-Sector Impacts (-); Trade (-); Wages (-); InflationJuly 21, 2020 - Page 9 of 148 Avg Daily Net Bookings: All Arrival Dates, National 1,292 1,207 1,148 980 958 962 963 1,032 556 -1,427 -396 -208 -145 -64 -72 26 26 262 399 477 651 628 853 720 587 Jul 11 - 18, 2020 Jul 3 - 10, 2020 Jun 25 - Jul 2, 2020 Jun 17 - 24, 2020 Jun 9 - 16, 2020 Jun 1 - Jun 8, 2020 May 24 - 31, 2020 May 16 - 23, 2020 May 8 - 15, 2020 Apr 30 - May 7, 2020 Apr 22 - 29, 2020 Apr 14 - 21, 2020 Apr 6 - 13, 2020 Mar 29 - Apr 5, 2020 Mar 21 - 28, 2020 Mar 13 - 20, 2020 Mar 5 - 12, 2020 Feb 26 - Mar 4, 2020 Feb 18 - 25, 2020 Feb 10 - 17, 2020 Feb 2 - 9, 2020 Jan 25 - Feb 1, 2020 Jan 17 - 24, 2020 Jan 9 - 16, 2020 Jan 1 - 8, 2020 July 21, 2020 - Page 10 of 148 0.0 20.0 40.0 60.0 80.0 100.0 120.0 140.0 160.0 180.0 200.0 # of Days Lead Time7 per. Mov Avg. (# of days prior to arrival Reservation Booked) Time Series: National Booking Lead Times Seasonal Average Bookings: 57 Days “CONFIDENCE WINDOW” July 21, 2020 - Page 11 of 148 0.00 20.00 40.00 60.00 80.00 # of Days Lead TimeBooking and Cancellation Lead Times 7 per. Mov Avg. (# of days prior to arrival Reservation Cancelled) Historical Average for This Week: 38.7 Time Series: National Cancellation Lead Times “CONCERN WINDOW” July 21, 2020 - Page 12 of 148 New & Re-bookings: 2 Extremes “CONFIDENCE WINDOW” NEW BOOKINGS ARRIVAL DATES REBOOKING: NEW ARRIVAL DATES “CONFIDENCE WINDOW” UNCERTAINTY UNCERTAINTY “CONFIDENCE WINDOW” “CONFIDENCE WINDOW” July 21, 2020 - Page 13 of 148 Cancellations / Rebookings: Uncertainty CANCELLATION ORIGINAL ARRIVAL DATES REBOOKING ORIGINAL ARRIVAL DATES UNCERTAINTY UNCERTAINTY UNCERTAINTY UNCERTAINTY July 21, 2020 - Page 14 of 148 Reports with data as of Sept 30, 2019 include: 27 Vail properties representing 2,193 units 57.7% of total community census 18 Western Destinations representing 198 properties and ~23,000 units ~59% of total regional industry census 10 Vail Property Participation July 21, 2020 - Page 15 of 148 11 Vail Occupancy Room Nights Variances 2020 2019 YOY Change Room Nights Available 424,527 441,568 -3.8% Room Nights Booked 56,524 142,531 -60.3% Occupancy 13.3%32.3%-56.8% July 21, 2020 - Page 16 of 148 Historic On The Books Paid Occupancy% Chg in Paid Occupancy4% 16% 28% 16% 11% 5% 13% 65% 56% 46% 32% 45% 20% 50% 54% 35% 23% 11% 32% -79% -68% -48% -55% -52%-51% -59% Data as of Jun 30 (2020 season)Historic Actual (2019 season)Data as of Jun 30 (2019 season)Percent Variance May '20 Jun '20 Jul'20 Aug'20 Sep'20 Oct'20 Summer Total %0 %20 %40 %60 %80 %100 -85% -80% -75% -70% -65% -60% -55% -50% -45% 12 Vail Occupancy Summer 2020 Industry -55.3% Vail -58.7% July 21, 2020 - Page 17 of 148 Historic On The Books Average Daily Rate% Chg in Average Daily Rate$133$208$315$289$227$192$260$166$223$281$283$219$173$241$271$267$221$179$235-19% -7% 12% 2% 4% 11% 8% Data as of Jun 30 (2020 season)Data as of Jun 30 (2019 season)Historic Actual (2019 season)Percent Variance May '20 Jun '20 Jul'20 Aug'20 Sep'20 Oct'20 Summer Total 0$ 50$ 100$ 150$ 200$ 250$ 300$ 350$ -25% -20% -15% -10% -5% 0% 5% 10% 15% 13 Vail ADR Summer 2020 Industry +6.1% Vail +7.7% July 21, 2020 - Page 18 of 148 Historic On The Books Revenue Per Available Room% Chg in Revenue Per Available Room$6$33$88$46$25$10$35$34$112$152$100$49$19$78$176$150$103$57$106-83% -70% -42% -54% -50% -46% -56% Data as of Jun 30 (2020 season)Data as of Jun 30 (2019 season)Historic Actual (2019 season)Percent Variance May '20 Jun '20 Jul'20 Aug'20 Sep'20 Oct'20 Summer Total 0$ 25$ 50$ 75$ 100$ 125$ 150$ 175$ 200$ -90% -85% -80% -75% -70% -65% -60% -55% -50% -45% -40% 14 Vail RevPAR Summer 2020 Industry -53.1% Vail -55.6% July 21, 2020 - Page 19 of 148 ADR by Week Booked and Arrival Month $238$396$466$656$383$364$560$1,617$1,935$474$156$189$305$453$356$345$520$1,711$1,778$325-34.2% -52.1% -34.6%-31.0% -7.1%-5.2%-7.3% 5.8% -8.1% -31.5% -75.0% -55.0% -35.0% -15.0% 5.0% 25.0% 45.0% 65.0% $0 $500 $1,000 $1,500 $2,000 $2,500 May June July Aug Sept Oct Nov Dec Jan Weight Avg: May '20-Jan '21ADR Arrival Month Avg Daily Rate by Booking Date and Arrival Month: Lodging Only, Includes Taxes & Fees ADR as of February 15 ADR as of Feb 29 ADR as of Mar 15 ADR as of March 31 ADR as of April 15 ADR as of April 30 ADR as of May 15 ADR as of May 31 ADR as of Jun 15 ADR as of June 30 % Variance June 30 v Feb 15 July 21, 2020 - Page 20 of 148 16 Vail Booking Pace June 2020 July 21, 2020 - Page 21 of 148 17 Vail Daily Occupancy Report Summer 2020 Historic On The Books Date (Gridlines aligned with Saturdays )Total Occupancy RateData as of Jun 30 (2020) 27 properties Data as of Jun 30 (2019) 27 properties Historic Actual (2019)% Occupancy change % Occupancy change as of last period25 Apr 2002 May 2009 May 2016 May 2023 May 2030 May 2006 Jun 2013 Jun 2020 Jun 2027 Jun 2004 Jul 2011 Jul 2018 Jul 2025 Jul 2001 Aug 2008 Aug 2015 Aug 2022 Aug 2029 Aug 2005 Sep 2012 Sep 2019 Sep 2026 Sep 2003 Oct 2010 Oct 2017 Oct 2024 Oct 2031 Oct 20%75 - %50 - %25 - %0 %25 %50 %75 %100 July 21, 2020 - Page 22 of 148 Historic On The Books Date (Gridlines aligned with Saturdays )Total Occupancy RateData as of Jul 15 (2020/21) 26 properties Data as of Jul 15 (2019/20) 26 properties Historic Actual (2019/20)% Occupancy change % Occupancy change as of last period27 Jun 2004 Jul 2011 Jul 2018 Jul 2025 Jul 2001 Aug 2008 Aug 2015 Aug 2022 Aug 2029 Aug 2005 Sep 2012 Sep 2019 Sep 2026 Sep 2003 Oct 2010 Oct 2017 Oct 2024 Oct 2031 Oct 2007 Nov 2014 Nov 2021 Nov 2028 Nov 2005 Dec 2012 Dec 2019 Dec 2026 Dec 2002 Jan 2109 Jan 2116 Jan 2123 Jan 2130 Jan 21%0 %100 %50 - %25 - %25 %50 %75 18 Vail Daily Occupancy Report Next 180 Days July 21, 2020 - Page 23 of 148 19 Performance Spectrum -Summer INDUSTRY HIGH, LOW, AVERAGE, AND VAIL COMPARISON +/- Occup 0/18 ADR 12/6 RevPAR 0/18 31.4%2.6%15.6% Vail 13.3% $465 $128$282 Vail $260 $96 $3$44 Vail $35July 21, 2020 - Page 24 of 148 Thank You! July 21, 2020 - Page 25 of 148 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 Valley F orest Health and F uels P roject P roposal P RE S E NT E R(S ): K risten Bertuglia, E nvironmental Sustainability Director, A sh Smith, S E Group, US F orest S ervice AC T IO N RE Q UE S T E D O F C O UNC I L: Review the materials and ask any questions of the US Forest Service and or S E Group on the National Environmental P olicy A ct (NE PA ) review process. B AC K G RO UND: The agenda item is a discussion of the National Environmental P olicy A ct (NE PA ) process and the upcoming Challenge Cost Share A greement between the Town and the US F orest S ervice, as well as a contract with S E Group to complete technical field work. The Vail Valley F orest Health and F uels P roject is being proposed by the US F orest S ervice in East Vail adjacent to the B ooth Creek drainage on roughly 4400 acres of US F S land, including about 2200 acres of E agles Nest wilderness area in order to reduce community wildlife risk. This project has the potential to include multiple secondary benefits including regeneration of vegetation suitable for wildlife habitat. AT TAC H ME N TS: Description Vail Valley Forest Health and Fuels Project - Memorandum V V F H F Project Map Attachment B- S E Group Phase 1 Project Proposal July 21, 2020 - Page 26 of 148 To: Vail Town Council From: Environmental Sustainability Department Date: July 21, 2020 Subject: Vail Valley Forest Health and Fuels Project Proposal I. Purpose The purpose of this memorandum is to provide an update on the effort to mitigate the risk of wildland fire in East Vail in the area adjacent to the Booth Creek drainage, with the secondary benefit of improving habitat for bighorn sheep and other wildlife. II. Background As identified in the Community Wildfire Protection Plan (CWPP) adopted by the Vail Town Council in 20201, the land area above East Vail (Attachment A) is located within the identified Wildland Urban Interface. This area was identified for a potential fuels reduction project which would support the goals of the CWPP. Due to mature stands of mountain shrub communities, downed trees, dry terrain, likelihood of fire, and proximity to neighborhoods and critical infrastructure, a project to reduce fuels in this area is one is appropriate. The goals of the CWPP are as follows: 1. Reduce the risk of a Wildland Urban Disaster within the Town of Vail 2. Decrease the probability of landscape scale high severity wildfire events 3. Build business community resiliency to wildfire disasters 4. Citizen engagement and preparedness 5. Support the utilization of forest products In addition, the wildlife habitat quality in this area is considered poor. In 1998, an Environmental Assessment was completed for the Booth Creek Burn Project in this area, with the following stated goals: 1. Reducing the accumulation of natural fuels 1 Vail Community Wildfire Protection Plan: https://www.vailgov.com/Portals/0/docs/Fire/Vail%20Community%20Wildfire%20Protection%20Plan.pdf July 21, 2020 - Page 27 of 148 Town of Vail Page 2 2. Manage tree stands using both commercial and non-commercial methods. Clear-cut aspen and/or use prescribed fire to regenerate. 3. Establish elk, moose, bighorn sheep, and TES species on sites that can supply the habitat needs of the species and population levels of CDOW. 4. Alter age classes of browse stands in a diverse unit. Though this project was never implemented due to community concern over temporary local air quality impacts, the need to address the accumulation of natural fuels has only strengthened over the years. Throughout 2019 and 2020 staff has been working to establish a partnership with the USFS, landowners, Colorado Parks and Wildlife (CPW) and biologists to identify the proper course of action to address the declining East Vail bighorn sheep herd habitat conditions. To that end, the environmental sustainability department formed the Bighorn Sheep Habitat Restoration Working Group with the following stated goal: To achieve consensus across multiple governmental agencies on a course of action, timeline, funding sources and short & long-range plan necessary to address critical habitat restoration for the East Vail big horn sheep herd on both Town of Vail land and USFS land in East Vail. To date, the Town of Vail has completed the following on town-owned property: mechanical thinning of mountain shrub community on ~40 acres, opening of game trails, and slash piling. A burn permit was obtained for two small portions of town-owned land and Colorado Department of Transportation (CDOT) Right-of-Way, however the town was unable to burn as conditions were not appropriate (sheep present, timing of budding shrubs and climatic conditions, public health constraints). In order to address the urgent need to improve conditions in the East Vail area, including a portion of the Eagle’s Nest Wilderness Area, the USFS has established a proposal for the Vail Valley Forest Health Project that will reduce fuels and ultimately include secondary benefits to habitat and wildlife. This project is subject to the National Environmental Policy Act (NEPA) review process and will require the support of an approved NEPA contractor, SE Group, based in Frisco, CO. SE Group is an approved contractor of the US Forest Service, which means they are pre-qualified to complete NEPA related work on their behalf. SE Group is familiar with the region, the Vail Community, the stakeholders, and the terrain, as background knowledge on this specific project with locally based field technicians. IV. Current Status of the Vail Valley Forest Health Project Proposal The Eagle-Holy Cross Ranger District has established a draft Purpose and Need Statement as follows: The Eagle-Holy Cross Ranger District proposes to reduce potential wildfire impacts to the wildland urban interface in East Vail through fuel reduction treatments. The proposed project area is approximately 4,400 acres and is located on the north side of I- July 21, 2020 - Page 28 of 148 Town of Vail Page 3 70 from Spraddle Creek east to Pitkin Creek and north to Bald Mountain. Of the 4,400 acres in the proposed project area, 2,418 acres are within the Eagle’s Nest Wilderness. Actual treatment acres, location, and treatment type will depend on Forest Service analysis. Treatments would include a combination of the following: • Prescribed fire (both broadcast and piling burning) • Manual pruning and chainsaw treatments • Potential mechanical treatments on slopes less than 40% (excluding areas within Wilderness) The proposed treatments would reduce the accumulation of fuels and alter the age classes of trees and shrubs by removing over-mature plants and stimulating plant regeneration. Prescribed burns would occur in the spring and/or fall over multiple years. Mechanical treatments and/or hand treatments would occur in the summer and/or fall to allow for safe crew access and to reduce disturbance to overwintering bighorn sheep. The project area encompasses the Management Area 5.42 – Bighorn Sheep Habit, therefore this project proposal also aims to create critical escape cover and nutrient-rich winter forage. It is anticipated that this project will be prepared under an Environmental Assessment (EA) and specific written comments on the proposed project will be accepted for 30 calendar days following publication of notice in the Vail Daily. The proposed action is subject to an objection process consistent with 36 CFR 218(a) (b), which includes an opportunity to object before the final decision is made. V. National Environmental Policy Act (NEPA) Process Though supported by the Town of Vail, the NEPA review process for the Vail Valley Forest Health and Fuels Project is entirely owned and controlled by the US Forest Service, and will be undertaken by SE Group, serving as the third party contractor for presentation of materials for public comment and review. The full process includes six phases (estimated between $200,000-$250,000): • Phase 1 - National Environmental Policy Act (NEPA), Environmental Assessment initial contract with SE Group, USFS – July, 2020 • Phase 2- GIS/Mapping – August-September, 2020 • Phase 3- Technical Reporting – Field assessments, desk assessments, study, August-December, 2020 o Wildlife/Vegetation/Wetlands o Silviculture/Fuels for proposed action o Hydrology o Cultural o Scenery o Recreation o Traffic o Air Quality July 21, 2020 - Page 29 of 148 Town of Vail Page 4 • Phase 4: Scoping – Develop the Proposed Action and Analysis Area – (30 day posting requirement) Prepare the EA over late fall through end of 2020, release document full EA draft decision document, public comment period (45 day requirement) - December 2020 – spring, 2021 • Phase 5: EA and Draft Decision Document Preparation- summer, 2021 • Phase 6: Objection Period and Final Decision Document Preparation (90 days required)- fall, 2021 (Phase 7): Implementation • USFS permitting, planning, staffing for prescribed fire, mechanical treatment, (required 6 months) - fall- winter 2021 • Communications, public outreach/open house – winter 2021 • Large-scale prescribed fire (helicopter) over 2 days and or mechanical treatment (dependent upon outcome of Environmental Assessment) – spring 2022 Should the project be approved, costs for a full-scale implementation on a per acre basis are as follows. Note that these are preliminary estimates provided by the USFS. At this time, no funding has been earmarked by the USFS, however grant funding and additional in-kind support could be available depending on the prescription (treatment plan) approved. • $600-700/acre, Mastication • $1000-1500/acre, Mechanized timber removal (slopes less than 40%) • $20,000-$25,000/mile, Road Reconstruction (if Spraddle Creek road needs to be improved for hauling timber) • $600-$1200/acre, Hand Treatments (cut and handpile), dependent upon fuels density • $400-$800/acre, Hand Treatments (cut, lop & scatter), dependent upon fuels density • $150-$500/acre, Prescribed fire treatment, dependent upon prep work needed and acres burned (more acres in a burn plan, reduces cost). Small acreage Prescribed burns have high per acre costs since most of the costs are fixed. In some cases costs are > $1500/acre or more, depending on holding resources needed. • $100-250/acre, Pile Burning • $2500-5000/year, Monitoring (annual x 3) VI. USFS and Town of Vail Partnership In order to begin work on the NEPA review process, the Town of Vail and the USFS must enter into a Challenge Cost Share Agreement (CSA). CSAs do not obligate the partner (the Town of Vail) to spending funds but allows the USFS and the Town to work together. This partnership provides a framework for the parties to cost-share and to cooperatively develop, plan, design, and implement projects that are mutually beneficial to the parties as well as facilitating rural prosperity and economic development. July 21, 2020 - Page 30 of 148 Town of Vail Page 5 At this time, the US Forest Service is committed to supporting the project through staff time for review. There is also potential for use of the Forest Service technical staff, National Forest Foundation Grants, and Federal funding, however these funding sources may only be pursued following a Challenge Cost Share Agreement is completed with the Town of Vail and the USFS. The CSA is currently under review by the USFS attorneys and will come before the Vail Town Council as a Resolution for an intergovernmental agreement on August 4, 2020. VII. Staff Recommendation While the NEPA process for the Vail Valley Forest Health and Fuels Project is thorough and will ultimately involve a significant period of public comment and technical review, staff recommends the following initial steps: 1. The Vail Town Council direct staff to move forward with a contract with SE Group to complete Phases 1, 2, and the silviculture and fuels field work portion of Phase 3, so that work may be completed this season in the amount of $36,000 (Attachment B). This cost is within the $100,000 approved budget within the Real Estate Transfer Tax (RETT) fund in 2020. 2. The Vail Town Council review and consider the Challenge Cost Share Agreement between the US Forest Service and the Town of Vail at the August 4th meeting of the Vail Town Council. VIII. Attachments A). Vail Valley Forest Health and Fuels Project Proposal – Project Map B.) SE Group Scope of Work July 21, 2020 - Page 31 of 148 Spraddle Creek Resort Copyright:© 2013 National Geographic Society, i-cubed B o o t h C r e e k P r o j e c t A r e aBooth C r e e k P r o j e c t A r e a Scale: 1:30,300 0 1,000 Meters Eagle's Nest Wilderness M.A. 5.4 (Forested Flora and Fauna) M.A. 5.42 (Bighorn Sheep Habitat) Project Area P.A.inWilderness Private Land Project Area Size: 4,409 acresAmount in Wilderness: 2,418 acres 1/15/2020, jprusse¯July 21, 2020 - Page 32 of 148 June 26, 2020 Ms. Kristen Bertuglia Environmental Sustainability Director Town of Vail 75 South Frontage Road Vail, Colorado 81657 Transmitted via email: KBertuglia@vailgov.com Re: Scope of Work for Silviculture and Fuels Fieldwork and Analysis for the Vail Valley Forest Health and Fuels Project Ms. Bertuglia: Sno.engineering, Inc. (d/b/a SE Group) is submitting this Scope of Work (SOW) to the Town of Vail for third-party silviculture and fuels fieldwork and analysis to support the Vail Valley Forest Health and Fuels project. The approach described in the SOW is based upon a conference call with the U.S. Forest Service (Forest Service) White River National Forest (WRNF) on April 22, 2020 as well as subsequent conversations with the WRNF and the Town of Vail through May and June 2020. Project fee information is included in this SOW as Appendix A. P ROJECT UNDERSTANDING The Town of Vail is proposing to apply forest health and fuels treatments within an approximately 4,400-acre area north of I-70 from Spraddle Creek east to Pitkin Creek and north to Bald Mountain. These treatments are proposed to reduce potential wildfire impacts to the wildland urban interface (WUI) in East Vail. Treatments would occur on National Forest System (NFS) lands managed by the WRNF Eagle-Holy Cross Ranger District; therefore, this project is subject to review under the National Environmental Policy Act (NEPA). Of the approximately 4,400-acre area, 2,418 acres are within Eagle’s Nest Wilderness. The project area also encompasses Management Area 5.42 – Bighorn Sheep Habitat. At this time, the proposed action has not yet been developed and it is unknown what other alternatives will be analyzed during the NEPA process. In addition, the WRNF and the Town of Vail are currently working through an “in-kind” cost share agreement for the NEPA process that will identify fieldwork and analyses the WRNF will be performing versus those the Town of Vail’s third party subcontractor (SE Group) will be responsible for. As these process components are being negotiated, and because the alternatives will depend on the results of July 21, 2020 - Page 33 of 148 the silviculture stand exams and fuels analysis, SE Group is proposing that the silviculture and fuels fieldwork and analysis proceed during the summer 2020 field season while the cost share agreement is finalized. SCOPE OF WORK The following is a summary of project phases and descriptions of tasks involved to complete the silviculture and fuels analysis. Following completion of these preliminary tasks, SE Group and the WRNF will be able to refine the tasks needed to bring the Vail Valley Forest Health and Fuels NEPA process to completion. SE Group will then submit a subsequent SOW with additional tasks to complete the NEPA process and support the WRNF in issuing a decision, if appropriate. PHASE 1: PROJECT MANAGEMENT / PROJECT INITIATION SE Group maintains a project management budget to address the needs of the Town of Vail, the WRNF, and our subconsultants, and to ensure that project timelines and budgets are met in accordance with this SOW. This SOW assumes a duration of three months from signed notice to proceed to complete the silviculture and fuels fieldwork and reporting. This SOW also assumes three two-hour conference calls with the Town of Vail and/or the WRNF to discuss the results of the analysis and next steps in the NEPA process. PHASE 2: GIS AND MAPPING SE Group has included a GIS and mapping budget to provide analytical support for the silviculture and fuels fieldwork and reporting process. PHASE 3: FIELD S URVEYS AND TECHNICAL REPORTING SE Group and our silviculture and fuels sub-contractor will commence fieldwork in summer 2020 to study the project area and update, as necessary, past data. The SOW for the silviculture and fuels resource surveys and reporting is based on preliminary conversations with the WRNF; should the WRNF determine modifications to the analysis is necessary, this SOW may need to be amended. The treatment prescriptions developed in the silviculture and fuels task will be used to develop the alternatives analyzed in the NEPA process. x Silviculture and Fuels – Buell Environmental, LLC o Participate in one project initiation/data gathering meeting in Vail, CO (or virtually) with Town of Vail, WRNF, and SE Group team to finalize project area boundaries and other Proposed Action details and verify analysis approach with WRNF. o Review WRNF spatial data for the project area and field verify fire hazard rated forest communities. Assumes 11 field days using a combination of drive- and walk-through surveys. July 21, 2020 - Page 34 of 148 o Prepare a spreadsheet containing data of forest type, size, habitat type, fire rating, and fuel load. Prepare written description of treatment prescriptions with supporting maps. Summarize and present the spreadsheet data and treatment prescriptions in a Vegetation Management Plan report. CONCLUSION All work performed on this project will be billed on an hourly basis in accordance with our published hourly rates (fee estimate and rate table included in Appendix A). As previously stated, following completion of the tasks included in the SOW, SE Group and the WRNF will be able to refine the tasks needed to bring the Vail Valley Forest Health and Fuels NEPA process to completion, and SE Group will submit a subsequent SOW with additional tasks to continue the NEPA process and support the Forest Service in issuing a decision, if appropriate. If this meets with your approval, we are prepared to work with you to process the necessary documents prior to the commencement of SE Group’s work. Respectfully Submitted, Sno.engineering, Inc. (d/b/a SE Group) Ashley L. Smith Senior Project Manager Travis Beck Director of Environmental Services July 21, 2020 - Page 35 of 148 APPENDIX A: PROFESSIONAL FEES We have prepared an estimated budget for assisting the WRNF and Town of Vail with completing the silviculture and fuels fieldwork and analysis for the Vail Valley Forest Health and Fuels project. The total estimated budget is provided in the following table. This includes SE Group’s fees, subconsultants’ fees, and SE Group’s reimbursable expenses. This estimate may need to be adjusted based on further direction from the WRNF. Fees for the Vail Valley Forest Health and Fuels Silviculture and Fuels Analysis Project Phase Total Fee Phase 1: Project Management $7,500 Phase 2: GIS/Mapping $2,500 Phase 3: Field Surveys and Technical Reporting Silviculture/Fuels $25,750 SE Group and Subconsultant Subtotal $35,750 Reimbursable Expenses $250 Total $36,000 The proposed Project Budget has been illustrated by tasks to depict the sequential steps and provide context. SE Group reserves the right to reallocate budget among tasks, as needed, as long as the total budget is not exceeded. SE Group’s hourly rates for calendar year 2020 are as follows: Principals/Directors $190 - $225 Senior Associates $135 - $185 Associates $115 - $150 Professional Staff $85 - $125 Administrative Staff $80 - $110 The above hourly rates will be adjusted on an annual basis, effective January 1 of each ensuing year. July 21, 2020 - Page 36 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Proposed Parking Amendments in Housing Zone District Discussion P RE S E NT E R(S ): J onathan S pence, Planning Manager and Chris S outhwick, Mobility I nnovation Coordinator AC T IO N RE Q UE S T E D O F C O UNC I L: Staff recommends the Town Council engage in a discussion concerning this alternative approach to mobility and parking requirements in the Housing (H) District and direct staff to proceed with an amendment to the Vail Town Code, to be reviewed by the P lanning and E nvironmental Commission and subsequently the Town Council. B AC K G RO UND: Over the last six months, staff has explored alternative approaches to addressing parking and mobility requirements in the Housing (H) District. Staff has formulated draft language that shifts from prescriptive parking requirements based on unit count to requirements based on the actual parking and mobility needs of the residents, as determined and managed through a Mobility Management Plan. AT TAC H ME N TS: Description Staff Memorandum Attachment A. Mobility in the Housing District( Secton12-6I-8 ) Attachment B. Correspondence from Chief Novak, 4-14-2020 Mobility Power Point July 21, 2020 - Page 37 of 148 To: Vail Town Council From: Jonathan Spence, Planning Manager Chris Southwick, Mobility Innovation Coordinator Date: July 21, 2020 Subject: Mobility and Parking Requirements in the Housing (H) District I. INTRODUCTION The purpose of this memorandum is to frame a policy discussion around the issue of mobility requirements in the Housing (H) zone district; to consider more efficacious standards and practices. The policy discussion will center on shifting the focus of Town Code regulations away from existing minimum parking requirements, which are determined based on the number and size of dwelling units, toward an alternative approach with an emphasis on meeting the transportation and mobility needs of residents. Current trends in community planning recognize that privately-owned automobiles are no longer the primary means of transportation for some people, and well-designed, sustainable site and building plans should not be driven by the need to park vehicles. The availability of and proximity to mass transit, walkability, bicycle routes, E-bikes and car-sharing are proving to be meaningful criteria to reduce the need for asphalt surface and structured parking lots on scarce land. This memo is a follow-up to the Town Council memo and discussion of February 18, 2020. II. BACKGROUND The Vail Town Code (Code) takes a largely traditional approach to parking requirements. These requirements do acknowledge that parking demands vary by parts of Town through having two requirements, one for the Core Area (the villages) and one for areas outside of the core. Beyond this distinction, the Code relies on traditional means to determine parking requirements through a ratio of required spaces to unit count (hotel rooms), square footage (commercial uses) or GRFA (residential uses). Within the Core Area, the parking ratio is fixed at 1.4 spaces per unit, regardless of size. Below is a link to Chapter 10, Off Street Parking and Loading of the Code: https://www.sterlingcodifiers.com/codebook/getBookData.php?chapter_id=34610#34610 Provisions within the Housing (H) Zone District The Code does provide the ability for projects within the Housing (H) District to deviate from the established parking requirements through the review process before the Planning and Environmental Commission. This language is as follows: July 21, 2020 - Page 38 of 148 Town of Vail Page 2 Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. III. AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY Over the last six months, staff has explored alternative approaches to addressing parking and mobility requirements in the Housing (H) District. Staff has formulated draft language (Attachment A.) that shifts from prescriptive parking requirements based on unit count to requirements based on the actual parking and mobility needs of the residents, as determined and managed through a Mobility Management Plan. The proposed components of the future regulations are as follows: A. A Mobility Management Plan that describes the approach the development will take in ensuring adequate parking and mobility options for its residents. B. Criteria to guide staff and the Planning and Environmental Commission in reviewing proposed Mobility Management Plans. C. Performance Standards applicable to all Mobility Management Plans to ensure that the continued operation of the plan is done so in a safe, effective and appropriate manner. D. A reporting requirement during the initial years following occupancy of a development. This report will chronicle the effectiveness of the Mobility Management Plan, providing the Town and management data helpful in evaluating this and other future plans including potential innovations in mobility currently not considered. E. An enforcement policy requiring amendments to the Mobility Management Plan if it is documented that the current plan is inadequate for safety or other reasons. These amendments would require an additional review by the Planning and Environmental Commission. Mark Novak, Fire Chief of Vail Fire and Emergency Services, has had the opportunity to review the alternative approach and has expressed concerns, particular in light of the current pandemic. Please find Chief Novak’s comments included as Attachment B. July 21, 2020 - Page 39 of 148 Town of Vail Page 3 IV. POLICY DISCUSSION/STAFF RECCOMENDATION Staff recommends the Town Council engage in a discussion concerning this alternative approach to mobility and parking requirements in the Housing (H) District and direct staff to proceed with an amendment to the Vail Town Code, to be reviewed by the Planning and Environmental Commission and subsequently the Town Council. V. ATTACHMENTS A. Draft Alternative Language to Section 12-6I-8 B. Correspondence from Chief Novak July 21, 2020 - Page 40 of 148 Scrap 12-6I-8 Parking and Loading Replace with: 12-6I-8: Mobility Mobility for residences shall be provided in accordance with a Mobility Management Plan approved by the Planning and Environmental Commission. A. Mobility Management Plan A Mobility Management Plan, prepared by the applicant, shall describe how the mobility needs of the residents will be met. This plan shall include: 1. Information on how proposed parking spaces will be allocated to units and if this allocation is on the form of a deed restriction. a. If units exceed (X amount), a professionally produced parking study shall be required. 2. Information concerning stacked parking 3. Existence of any bike or vehicle share/shuttle program. 4. Provide covered/protected/secured bike parking/storage 5. Compact spaces proposed 6. Provisions for guest parking/management 7. Seasonal variations in parking management plan 8. Provisions for off-site vehicle storage B. Review Criteria A Mobility Management Plan shall be reviewed based on the following criteria: 1. Adequate off-street parking is demonstrated for the quantity of proposed beds in relation to the proximity of the development to core services and public transit. a. Hierarchy of bus routes (aka regional vs local) b. Proximity to job centers c. Proximity to commercial area 2. Adequate off-street parking is demonstrated in consideration of other provided mobility options including, but not limited to, bike or vehicle share/shuttle programs. C. Performance Standards After implementation of a Mobility Management Plan, the following performance standards shall be maintained: July 21, 2020 - Page 41 of 148 1. At no times shall personal vehicles be parked in areas designated for Fire Service. 2. At no times shall personal vehicles be parked on adjacent properties unless permission has been obtained in writing and provided to and approved the Town. 3. A no times shall personal vehicles be parked in the ROW. 4. At no times shall personal vehicles be parked in areas other than designated spaces as shown on the approved development plan. 5. At no times shall parking extend into required drive aisles. 6. No storage of goods, trailers, campers, or unlicensed vehicles in designated parking areas. 7. Bike parking, as shown on the approved development plan, shall be maintained at all times in a clean, safe and functional condition. D. Reporting Requirement For the first three years following the implementation of a Mobility Management Plan, the managing officer shall submit a report to the Community Development Department. This report shall be received within 30 days of the date of the one/two- and three-year anniversary of the first issued Certificate of Occupancy. The report shall include the following: 1. Occupancy a. Occupied units b. Number of residents per unit 2. Usage of mobility services 3. Results of survey of residents concerning parking 4. Reports code enforcement/fire/parking complaints 5. Parking utilization study during peak periods (summer and winter) E. Enforcement Policy If the Mobility Management Plan reporting shows violations of the performance standards, the plan will be remanded to the Planning and Environmental Commission for review of the report. The applicant shall prepare a resolution to the violations and an alteration/addendum to the plan to maintain future compliance. This alteration/addendum shall be approved buy the Planning and Environmental Commission. July 21, 2020 - Page 42 of 148 July 15, 2020 Thanks for sending this over. My high level comments are below (points 2 and 3 but I feel obligated to identify them given my emergency management training and due to the fact that they will ultimately impact concern #1), I also have several comments in the documents: 1) Fire department access-experience with current under-parked housing projects has demonstrated that occupants will park in any available spot. With the exception of temporary foreign workers, few come to Vail without a vehicle. This has resulted in ongoing problems in existing under-parked projects . This even extends to current projects that were perceived to have ample parking such as Chamonix Vail. This project has 2-4 parking spaces available for each unit. Despite this, we frequently witness vehicles parked in the ROW/fire lane or parked in a driveway, yet encroaching upon the ROW/fire lane. In most housing complexes we have little enforcement power as PD will generally not issue a citation or summons for a parking issue that is on private property. Property owners/managers/HOAs cannot manage parking when there are simply not enough spots for tenants to park their personal vehicles. 2) Personal emergency preparedness/community resiliency-our current evacuation plan calls for evacuation by bus for those who do not have a vehicle. Waiting for a bus is contrary to the need for early/rapid evacuation during a rapidly expanding emergency incident. In addition, the recent pandemic demonstrated the need for personal vehicles due to the shut down of the bus system and the strong recommendation not to carpool. The current pandemic is not a black swan event, public health had predicted this eventuality for years and continue to predict that we are in an era in which pandemics will become more commonplace due to globalization and other factors. 3) Finally, the performance/mobility based concept is flawed as it is based upon the assumption that the characteristics of our community will remain static. Under-parked housing units are based upon the assumption that not only will the occupants have good alternatives to driving, they will also not own a vehicle. The utility of this assumption is questionable. The current pandemic and future public health threats may challenge the utility of the shared economy and utilization of mass transit. In addition, it is likely that the nature of the workforce will change and there will be many less guest workers who arrive in Vail without a vehicle. Mark Novak Fire Chief Vail Fire and Emergency Services Office: 970-477-3474 Cell: 970-471-0927 www.vailgov.com/fire Prevent Loss, Serve Others, Protect and Enhance the Quality of Life July 21, 2020 - Page 43 of 148 PRESENTATION BY Jonathan Spence Planning Manager and Chris Southwick Mobility Innovation Coordinator July 21, 2020 Mobility and Parking Requirements in the Housing (H) District July 21, 2020 - Page 44 of 148 EXISTING REGULATIONS IN THE HOUSING (H) DISTRICT Town of Vail | Community Development Sec. 12-6I-8: Parking and Loading Off street parking shall be provided in accordance with chapter 10 of this title. No parking or loading area shall be located within any required setback area. At the discretion of the planning and environmental commission, variations to the parking standards outlined in chapter 10 of this title may be approved during the review of a development plan subject to a parking management plan. The parking management plan shall be approved by the planning and environmental commission and shall provide for a reduction in the parking requirements based on a demonstrated need for fewer parking spaces than chapter 10 of this title would require. For example, a demonstrated need for a reduction in the required parking could include: A. Proximity or availability of alternative modes of transportation including, but not limited to, public transit or shuttle services. B. A limitation placed in the deed restrictions limiting the number of cars for each unit. C. A demonstrated permanent program including, but not limited to, rideshare programs, carshare programs, shuttle service, or staggered work shifts. July 21, 2020 - Page 45 of 148 AN ALTERNATIVE APPROACH FOCUSED ON MOBILITY Town of Vail | Community Development COMPONENTS: A.A Mobility Management Plan that describes the approach the development will take in ensuring adequate parking and mobility options for its residents. B.Criteria to guide staff and the Planning and Environmental Commission in reviewing proposed Mobility Management Plans. C.Performance Standards applicable to all Mobility Management Plans to ensure that the continued operation of the plan is done so in a safe, effective and appropriate manner. D.A reporting requirement during the initial years following occupancy of a development. This report will chronicle the effectiveness of the Mobility Management Plan, providing the Town and Management data helpful in evaluating this and other future plans including potential innovations in mobility currently not considered. E.An enforcement policy requiring amendments to the Mobility Management Plan if it is documented that the current plan is inadequate for safety or other reasons. These amendments would require an additional review by the Planning and Environmental Commission. July 21, 2020 - Page 46 of 148 POSSIBLE CONCERNS Town of Vail | Community Development •Necessity of increased level of enforcement and associated manpower •Lack of a baseline parking requirement •Difficulties if management plan is unworkable July 21, 2020 - Page 47 of 148 Thank you July 21, 2020 - Page 48 of 148 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: Children’s Garden of L earning Update 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 I L: No action is requested at this time B AC K G RO UND: A number of potential site options are being considered and evaluated f or feasibility to relocate the Children’s Garden of L earning in Vail. T he Town and Board are presently working with a S eptember, 2021 timeframe to vacate the existing building and site. Timeline remains a critical path obstacle. S ites currently being evaluated include: Vail Gymnastics Center Town of Vail Municipal Offices - West B uilding Cascade Tennis Courts AT TAC H ME N TS: Description C G L Update 07212020 PAA - Comm Dev Childrens Center - 7.13.20 v1 C G L Council Emails 0721 July 21, 2020 - Page 49 of 148 To: Vail Town Council From: George Ruther, Housing Director Date: July 21, 2020 Subject: Children’s Garden of Learning – Update on Progress 1. SUMMARY The Vail Town Council has committed to collaborating with the Children’s Garden of Learning Board to find a new home for Children Garden of Learning early childhood education center. Relocating the early childhood education center from its current location to a new site is part of a larger initiative of the Vail Town Council to address a wide range of community goals, which includes valuing and ensuring the availability of early childhood education in Vail. The purpose of this memorandum is to provide an update on the Town’s progress made in working with the Children’s Garden of Learning Board on finding a new home for the education center. 2. BACKGROUND A number of potential site options are being considered and evaluated for feasibility to relocate the Children’s Garden of Learning in Vail. The Town and Board are presently working with a September, 2021 timeframe to vacate the existing building and site. Timeline remains a critical path obstacle. In partnership with the Vail Recreation District, Red Sandstone Elementary School, Children’s Garden of Learning Board and other key stakeholders, progress has been made in determining the feasibility of adding a new third atop the Vail Gymnastics Center to accommodate a new early childhood education center. In summary, the Board has acknowledged their support for this location. That said, additional study is needed to fully comprehend the possibilities. Additional study is needed to further understand the following: • Vehicular site access and circulation • Project budget and timeline • Level of disruption to existing community services and programs • Assurance of compliance with all applicable codes, regulations, and state licensing requirements (a recent third-party report supports these assurances) • Construction schedule • Value engineering and method of construction July 21, 2020 - Page 50 of 148 Town of Vail Page 2 Other potential sites being considered include: • Cascade Village Tennis Courts • Town of Vail Municipal Offices – West Building o Schematic plan attached 3. NEXT STEPS The Children’s Garden of Learning Board has expressed an interest in further exploring the Town of Vail Municipal Offices site. That work is currently underway. As an effort to demonstrate the party’s willingness to collaborate, the Children’s Garden of Learning Board has requested a Memorandum of Understanding with the Town of Vail. The Town of Vail staff will meet with the current ownership group of the Cascade Tennis Courts site in the coming weeks. While far from conclusive, we intend to discuss what opportunities may exist to accommodate a future early childhood education center on the site. Any discussions should be viewed as preliminary with the understanding there is substantial work to be done. 4. ATTACHMENTS • Schematic plan for Town of Vail Municipal Offices – West Building July 21, 2020 - Page 51 of 148 TODDLER #1350 SFTODDLER #2350 SFTODDLER OUTDOOR AREA550 SFSHARED RESTROOMSTORAGEARTS & ACTIVITIES200 SFSECURE ENTRYADULT RESTROOMYOUNG CHILDREN #1450 SFYOUNG CHILDREN #2450 SFYOUNG CHILDREN #3450 SFRESTROOMRESTROOMCLASSROOM CONNECTING DOOROUTDOOR AREA950 SFOUTDOOR AREA2000 SFABILITY TO CONNECT OR ISOLATE PLAY AREASFENCE PER REGULATIONSMECHANICAL150 SFOUTDOOR & CLASSROOM CONNECTIONOUTDOOR & CLASSROOM CONNECTIONOUTDOOR LEARNING SPACE250 SFKITCHEN85 SFGREETING 85 SFSINKSINKSINKADULT RESTROOM, WITH LAUNDRYSTORAGEOFFICE125 SFOFFICE MEETING 280 SFLOCKERSDROP OFF & PICK UPPARKINGUPPER LEVELPROGRAM & SQUARE FOOTAGE OF EXISTING CHILDREN'S GARDEN OF LEARNINGTOTAL BUILDING IS ABOUT 3800 SF1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONX0.01EXISTINGPROGRAM OFCHoLCOMM DEV & CHoL STUDYProject Number - 200875 S FRONTAGE RD WVAIL, CO 8165713 JULY 2020PROGRAM STUDY3/16" = 1'-0"CHILDREN'S GARDEN OF LEARNING -EXISTING PROGRAMDATE NO. DESCRIPTIONJuly 21, 2020 - Page 52 of 148 SECURE ENTRYDROP OFF & PICK UPPARKINGOUTDOOR & CLASSROOM CONNECTIONOUTDOOR AREA3450SFOUTDOOR LEARNING SPACE250 SFOUTDOOR TODDLER AREA 1000 SFSOLAR TUBES1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONX0.02CGoL SITECOMM DEV & CHoL STUDYProject Number - 200875 S FRONTAGE RD WVAIL, CO 8165713 JULY 2020PROGRAM STUDY1" = 10'-0"1COMM DEV - CGoL STUDY SITE PLANDATE NO. DESCRIPTIONJuly 21, 2020 - Page 53 of 148 NEW WALLSEXISTING WALLSDEMOLITION LEGENDWALLS TO BE DEMOLISHEDREMAINING COMMUNITY DEVELOPMENT OFFICE (2095 SF) EXISTING COMMUNITY DEVELOPMENT OFFICE SPACE FOR CHILDREN'S GARDEN (4130 SF) TODDLER #2250 SFSECURE ENTRY80 SFYOUNG CHILDREN #1520 SFOFFICE150 SFOFFICE MEETING 200 SFDROP OFF & PICK UPPARKINGYOUNG CHILDREN #2400 SFYOUNG CHILDREN #3400SFYOUNG CHILDREN #4400 SFKITCHEN170 SFARTS & ACTIVITIES540 SFOUTDOOR & CLASSROOM CONNECTIONOUTDOOR AREA3675 SFOUTDOOR LEARNING SPACE250 SFADULT RESTROOMTHIS AREA OF COMMUNITY DEVELOPMENT OFFICE TO BE REMODLEDTODDLER #1250 SFDINING150 SFOUTDOOR TODDLER AREA 960 SFPROPOSED RESTROOMSSTORAGESOLAR TUBES1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONX1.03COMMUNITYDEVELOPMENTCOMM DEV & CHoL STUDYProject Number - 200875 S FRONTAGE RD WVAIL, CO 8165713 JULY 2020PROGRAM STUDY1/16" = 1'-0"2COMM DEV - EXISTING3/16" = 1'-0"3COMM DEV - CGoL STUDYDATE NO. DESCRIPTION12B. Outdoor Area Requirements1. The center must provide an outdoor play area that is adjacent to or safely accessible to theindoor facilities. When the area is not adjacent, staff members must accompany childrento and from the play area. Drop-in child care centers are not required to provide anoutdoor play area.2. The outdoor play area must provide a minimum of 75 square feet of space per child for agroup of children using the total play area at any one time. The total play area mustaccommodate at least 33 percent of the licensed capacity of the center or a minimum of1500 square feet, whichever is greater.3. The play area must be fenced or have natural barriers, such as hedges or stationary walls atleast 4 feet high, to restrict children from unsafe areas.4. The play area must be designed so that all parts are visible and easily supervised.5. The playground area must have at least 2 different types of surfaces. Each type of surfacemust cover at least 10 percent of the playground area.6. A shaded area in the fenced play area of at least 150 square feet must be provided by meansof trees or other cover to guard children against the hazards of excessive sun and heat.7. In the infant nursery, the outdoor play area must be a minimum of 400 square feet.8. In the infant nursery, the outdoor area can be used by other age groups at the center, but itmust not be used by any other group of children while infants are using it.9. In the toddler nursery, the outdoor play area can be shared by infants, but infants andtoddlers must not be allowed to use the play area at the same time.1/16" = 1'-0"1COMM DEV - DEMO1/16" = 1'-0"4COMM DEV - (E) STRUCTUREJuly 21, 2020 - Page 54 of 148 4450 SF TOTAL OUTDOOR SPACE 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONX1.04PROGRAMINGANDBUILDINGSCOMM DEV & CHoL STUDYProject Number - 200875 S FRONTAGE RD WVAIL, CO 8165713 JULY 2020PROGRAM STUDY3/64" = 1'-0"CHILDREN'S GARDEN OF LEARNING -EXISTING PROGRAM AND EXISTINGCOMM DEV1" = 20'-0"CHILDREN'S GARDEN OF LEARNING -EXISTING PROGRAM AND EXISTINGBUILDINGEXISTING CHILDREN'S GARDEN OF LEARNING PROGRAM & EXISTING BUILDINGPROPOSED CHILDREN'S GARDEN OF LEARNING PROGRAM & OVER THE EXISTING COMMUNITY DEVELOPLMENTDATE NO. DESCRIPTIONJuly 21, 2020 - Page 55 of 148 1 Tammy Nagel From:Patrick Barrett <patrick@tsgvail.com> Sent:Tuesday, July 21, 2020 3:01 PM To:PublicInputTownCouncil Cc:Patrick Barrett Subject:Children's Garden of Learning - CGL for 7/21/20 Town Council Public Comment Hello Vail Town Council Members –    This email is intended to be part of the PUBLIC COMMENT period of the Vail Town Council session on Tuesday, July 21  2020.  These comments are related to Children’s Garden of Learning preschool.     I am a parent of 2 children currently attending Children’s Garden of Learning pre‐school in Vail, and a member of the  Board of Directors for CGL.  My wife was a teacher at CGL for many years prior to us having children.      The Children’s Garden of Learning school is one of the most valuable assets that the Town of Vail has.  The natural  environment that CGL offers allows the youngest members of our community a place to learn and grow.  As a member  of the Board of Directors at CGL, I have very much appreciated the efforts put forward by the Town of Vail both in past  years supporting CGL, and in our current situation with trying to find a new home for the school.    The need for high‐quality early childhood education in our community is great, and I believe will continue to grow as  more and more families relocate here on a full‐time basis with their children.  We want this for our community.  We also  need employee housing, I know that and the other parents at CGL know that.  We are sensitive to the challenges that  you are facing with the goal of creating 1,000 new employee housing units over the next several years.    Please do not allow the quest for new housing within the Town of Vail to come at the expense of the local children and  families in this community.  We must find a new home for CGL before the school is forced to relocate.  Any interruption  in CGL’s ability to operate will create a HUGE problem for many local families, mine included.  Pre‐schools are full  throughout the valley, and there is more and more demand for this valuable service.      I know that CGL will need to relocate.  I accept that, and while it makes me and my family very sad to lose such a  precious asset in the current CGL site (with the nature trails and amazing outdoor play space that the kids enjoy) I  understand the need for housing in our community is real, and we must find a solution.  I know you are doing your best.    Please ensure that a new home is identified, planned for, and constructed for CGL before they are forced to relocate in  September 2021.  Our community CANNOT afford to lose that school and the service it provides to our children and  families.  The Vail Municipal Building may be a suitable short‐term solution, and we appreciate that opportunity.      As I have discussed in person with George Ruther, the Municipal building is also slated for redevelopment, so please  understand that CGL knows the Municipal Building will not be its permanent home, and we need to focus on a long‐term  solution as well.      Thank you,  Patrick Barrett   1 Tammy Nagel From:Diane Johnson <dljohnson1915@comcast.net> Sent:Tuesday, July 21, 2020 2:15 PM To:Council Dist List; PublicInputTownCouncil; George Ruther; Tammy Nagel Cc:letters@vaildaily.com Subject:Children’s Garden of Learning is prime habitat Attachments:200721_CGL location.docx Please read the attached into the record. Thank you for your consideration. Diane Johnson 993 Lionsridge Loop Vail, CO 81657 Children’s Garden of Learning is prime habitat July 21, 2020 Dear Vail Town Council, The Children’s Garden of Learning is prime habitat for nurturing children and families. Unfortunately, this habitat is threatened because our longstanding need for workforce housing threatened bighorn sheep habitat in another location. Yet, trophy homes are under construction in that critical bighorn sheep habitat. CGL’s habitat was carefully considered by a previous Vail Town Council. It was not easy. It was emotional. It took time. Workforce housing had to be built. Early childhood education centers had to be displaced. At the end of the day, the Middle Creek housing project was built and CGL was established, formed by combining The Learning Tree and ABC School – two critical community builders that had been operating since 1978. The natural setting, the parking and drop off, the mostly hidden from view location – they were all intentional aspects of creating a great habitat for early childhood development. Perhaps in the early 2000s, within five years of the “Vail Tomorrow” process where we affirmed our designation as a “resort community” – both equal, neither less important than the other – we were still striving for families to LIVE in Vail. Have we lost how important it is to keep community equal to resort? Families build community. As we lose the battle to retain families in Vail, the fallback position has been to attract workers to Vail who bring their children with them to our preschools, elementary, and K-12 schools. Diminishing a quality preschool by possibly moving it to a low-quality habitat only further degrades the community half of our resort. Previous Vail Town Councils have worked through brutal issues on housing and schools. Vail has been a leader. The Vail Commons housing project – brutal! And it included a preschool! Vail led. Middle Creek – pretty brutal. And it replaced two preschools. Vail led. Timber Ridge / Lions Ridge – long and tough. Vail led. Possible closure of Red Sandstone Elementary – no way! The town partnered on building upgrades and structured parking. Vail led. If you’ve forgotten what it took to bring Middle Creek and CGL to fruition, review these Vail Daily stories from June 2002: Affordable rental housing in Vail?, August 2002: An era ends; another begins, and March 2003: Moving out of the way Our housing needs have always been daunting. Our preschool needs have always been daunting. The existence of our community has slowly degraded the quality of our environment. If the Booth Heights parcel is not suitable for housing due to degrading habitat, yet children and families can be displaced from their habitat – then take the time to relocate and create a high quality habitat for this vital component of the Vail community. Housing, children, and bighorn sheep are all worthy causes; they each deserve a worthy solution. Diane Johnson Vail 1 Tammy Nagel From:Diane Johnson <dljohnson1915@comcast.net> Sent:Tuesday, July 21, 2020 2:15 PM To:Council Dist List; PublicInputTownCouncil; George Ruther; Tammy Nagel Cc:letters@vaildaily.com Subject:Children’s Garden of Learning is prime habitat Attachments:200721_CGL location.docx Please read the attached into the record. Thank you for your consideration. Diane Johnson 993 Lionsridge Loop Vail, CO 81657 1 Tammy Nagel From:Karen Berdoulay <kberdoulay01@gmail.com> Sent:Tuesday, July 21, 2020 9:22 AM To:PublicInputTownCouncil Subject:Letter regarding Alternate Housing Sites - Children's Garden of Learning Attachments:2020-7-20 Berdoulay Letter to Vail Town Council.pdf Good morning,  Please see the attached letter regarding the Alternate Housing sites issue on behalf of Children's Garden of Learning.  Thank you,   Karen Berdoulay  kberdoulay01@gmail.com  Karen and Christopher Berdoulay PO Box 5461 Vail, CO 81658 July 20, 2020 Vail Town Council publicinput.vailtowncouncil@vailgov.com To the members of the Vail Town Council: I am writing on behalf of Children’s Garden of Learning to request that their lease is extended until a permanent alternative space is move in ready. It is critical that there is not a gap in the high quality childcare they provide so that essential workers can continue to perform their work for our community. My husband and I are long-term locals who both provide essential services for our community: for the Eagle County Paramedic Services and the Colorado Department of Transportation respectively. We counted on Children’s Garden of Learning to care for and teach our child for 4 years so that we could go to work. We had comfort in knowing that our child was nurtured to learn through play with a highly educated staff. They inspired curiosity through implementation of the Reggio program and incorporated daily adventures in the outdoors with their access to trails and nature. Our son loved going to school which allowed us to be able to go to work. We could not have done that if our school was shut down for any length of time. I understand that the Town is trying to strike a balance to meet the needs of the school, community priorities for housing and protection of wildlife. It’s my understanding that the school is open to relocating near their current site. Our request is that Children’s Garden of Learning’s lease is extended until a permanent alternative space is move in ready. Any gap in the service the school provides will affect families like mine that need this critical high quality childcare so that we can continue to provide services in our community. Sincerely, Karen and Christopher Berdoulay Karen and Christopher Berdoulay 1 Tammy Nagel From:Morgan Browning <mobrowning@gmail.com> Sent:Tuesday, July 21, 2020 10:43 AM To:PublicInputTownCouncil Subject:Opposed to terminating the lease of Children's Garden of Learning Dear Vail Town Council,    I am a father of four (two of which have attended Children's Garden of Learning Preschool), as well as a resident of the  Town of Vail.  I'm writing on behalf of my family to express our disagreement with terminating the lease of Children's  Garden of Learning.    We appreciate the tough decisions that you face and the great desire to alleviate the Vally's housing  pressures.  Terminating CGL's lease without an adequate relocation strategy, however, seems premature while  discounting the pressing needs of the families within this community.      We couldn't be happier with the early education that our children received from the dedicated and nurturing CGL  staff.  Our kids have greatly benefited from the balanced approach of social, community, and natural learning that CGL  employs on a daily basis.  Having a school located within the Town (where a class can quickly and easily take a town bus  into the many unique educational experiences that our community offers) seems paramount in maintaining that  enriching balance. On top of this high quality experience, both my wife and I work within the town, and it is essential for  us to have a preschool located within Vail to successfully juggle all of our family's needs. To lose this important  institution, or to degrade the overall experience by hastily forcing a move without an adequate, local relocation solution  would be a major step backwards for the families of this community.      Quite simply, CGL has enriched our overall family's quality of life, and we urge you to secure CGL's ability to continue its  positive mission before any prospective development is undertaken.  Please prioritize our community's present needs  before addressing any future endeavors.    Sincerely,    Morgan and Annie Browning  1 Tammy Nagel From:Eric Pepper <etpepper@gmail.com> Sent:Tuesday, July 21, 2020 11:01 AM To:PublicInputTownCouncil Subject:Children's Garden of Learning Hello  We are writing on behalf of the Children's Garden of Learning in Vail. Our daughter attends CGL and both my wife and I  work in Vail.  While we absolutely sympathize and agree with the town's need for affordable housing, there is also a  desperate need for quality and affordable early childhood care and education in this valley. As a community, we cannot  afford to lose such a high‐quality option as CGL for even a short time. To terminate CGL's lease before providing a  permanent move‐in‐ready location is unthinkable and short‐sighted. We are very disappointed that the Town of Vail is  even considering such an option and strongly urge you to find a solution that allows CGL to remain in their current  location until a new location is completed and available for students and teachers to move in immediately.  Best,  Eric      ‐‐   Eric Pepper  303.513.8717  etpepper@gmail.com  1 Tammy Nagel From:James Gregg <greggco@gmail.com> Sent:Monday, July 20, 2020 2:35 PM To:PublicInputTownCouncil Subject:Memorandum of Understanding I have owned my home in Vail since 1995. I feel the town has done a good job over the years improving the quality of  our lifestyle, maintaining a balanced budget, and setting aside ‘’Open Space’ for us and future generations to enjoy in  what we thought was perpetuity. It is this town council and all future council’s ethical and moral responsibility to uphold  and confirm open space zoning now more than ever and not get caught in the justification that it’s for ‘employee  housing’. I am referring to a disturbing report that spoke of developing Donovan Park for employee housing. As a citizen  and taxpayer of Vail I am voicing my opposition to that concept. I think it important at this meeting to confirm to the  citizens of Vail. ,by a vote of the council, that Donovan Park will remain open space.    I believe this memorandum of Understanding is unnecessary and can only tie you to a future situation you don’t want to  be in. Triumph and Vail Resorts realized the risks of development pursuit prior  to receiving a new zoning and housing  approval for Booth Heights. It is not the Town of Vail’s responsibility to reimburse them or give them exclusive rights to  future development in the town.    Finally, let’s finish what’s out there‐Timber Ridge. Half of that project has sat idle for a number of years now. Perhaps  that’s a blessing . I think it would be prudent at this time to take fresh concept to the remaining units. If you increase the  stories you could double the number of units without disturbing any neighbors. You allow it for private developers  (Solaris, the Lyon) and they are on the mountainside.    Setting a timetable for a number of units by a certain date is aggressive and subject to failure. Start with what’s in place,  finish it and work toward a future goal that is attainable and sustainable    Thank You  Jim Gregg  1966 West Gore Creek Dr    1 Tammy Nagel From:Sarah Hochtl <sarahhochtl@gmail.com> Sent:Monday, July 20, 2020 8:32 PM To:PublicInputTownCouncil Subject:CGL Hello Town Council,  Thank you for taking public comments.   My family and I are very concerned with your approach  to ending Childrens Garden's lease before a new location is found and ready for kids to go to  school.  As a born and raised local it saddens me that employee housing  for Vail Resorts supersedes taking care of local children.  As you know  over the years I have supported all of the wilderness and wildlife  preservation issues in Vail.  I know you are trying to find a way to stop  development on the winter range of the Big Horn sheep but we all can slow  down and get this right for everyone involved.  When you take away  preschool and childcare you are taking away your best workers.  We live  here and want to raise our family's here. We are not the 22 year old  worker that may last six months. We are the backbone of the community  that are owners of Businesses that provide services and taxable income  for the town of Vail.  By taking away the lease you are hamstringing 80  families that may not be able to then provide two workers per family to  the town of Vail worker pool.  The development of the Children's Garden  parcel probably makes the most sense but we have had a housing  problem in Vail since my Dad moved here in 1965.  I think we as a town  will be ok if we delay the project until the town can find a suitable site for  Children's Garden, the best preschool in Vail.    Thank you,  The Hochtl Family.  Kevin, Sarah, Mattias, and Niko      1 Tammy Nagel From:Marianne Kipp <mariannecolahan@gmail.com> Sent:Monday, July 20, 2020 2:57 PM To:PublicInputTownCouncil Subject:Town Council Meeting: CGL & TOV MOU Attn: Town Council—    My child attends CGL, and my 7‐month‐old daughter will (hopefully) be able to attend Children's Garden of Learning  (CGL) next fall when she is 18 months old. It is a wonderful school, and there is simply no other program in Vail that  comes close to matching this early childhood educational program. In a town with scarce options for childcare, CGL is a  vital aspect of this community.    As a parent and as a person who works within the Town of Vail, it saddens me that the town has 1) prioritized more  housing over education/childcare and terminated the building lease, 2) seemingly rescinded its guarantee to have a  home for this school by the lease termination.    What does the town think will happen for this school and the children that go there? [Candidly, we put my  daughter on the daycare waitlists when I was 8 weeks pregnant, and she just got into daycare in Edwards—a  year and two months after we put her on the list. She's still on the Vail waitlist. The local daycares found out I  was expecting before we told our families!]    It's astounding, in a community like Vail and Eagle County, that there are so few places for people to safely send  their children. For families with two working parents or a single working parent, the childcare and early  childhood opportunities in and around Vail are already borderline untenable—   Is the expectation that we now have to put our children onto the waitlist for the one or two other childcare  options in town to prevent an interruption in childcare next fall?    Are parents expected to take a leave of absence from work or quit their jobs while they wait for another school  to be constructed?    Will the school (with a robust, over 30‐year history in Vail) even survive an interruption?    It is upsetting that the Town of Vail has seemed to cast aside the concerns of this school, the families who  attend, and the potential devastating impacts its closure or interruption would have.   Not even getting into the fact that the proposed alternative location is really not great (a rooftop playground in a  mountain community with a lot of snow/busy parking lots and less access to the outdoors, etc. etc.), or that demo‐ing a  beautiful school for a housing development is also really not great, CGL and its families are only asking for the town to  commit to providing a safe relocation by September 2021 or to extend the lease. We're not even asking for a better,  safer school or to save the school. We're just asking the town to give the school a place to go. It's a simple request and  shouldn't even need to be asked for—this, frankly, should be a give‐in.    Will you please issue a new MOU that is truly that—a memorandum of understanding—that both parties understand?  With everything going on in the world, it is deeply unsettling that in a community like Vail, we have to fight for the town  to just relocate a school like it promised it would. It's disappointing, and put more simply, sad.    I know that this is a long e‐mail—if you're still with me, thank you for reading it. As a community member and parent, I  implore you to make this right.    Thank you,    Marianne Kipp  1 Tammy Nagel From:Ward McKinley <ward@vailcoproperties.com> Sent:Monday, July 20, 2020 12:42 PM To:PublicInputTownCouncil Subject:Childrens Garden of Learning Good Day,    It is obvious the Children's Garden of Learning can not be kicked out without a new location in place. This is clear to  Everyone already.     I advocate strongly for an alternative location for the developer of the EverVail location. This site offers many options for  Public/Private partnerships for a new building AND school, etc... and massive economic development. Senator Donavan  has voiced support of this project.     I am an X‐ City Planner from New York City and have been following these deals, sheep, and projects.    Now is the time for EverVail. Let the Children Lead the Way!     (please quote me on this)    ‐Ward McKinley  West Vail Resident   Childrens Garden of Learning Parent  Former Childrens Garden of Learning Board Member   1 Tammy Nagel From:George Ruther Sent:Monday, July 20, 2020 3:03 PM To:Council Dist List Cc:Tammy Nagel; Patty McKenny; Suzanne Silverthorn Subject:FW: CGL Comments - Memo Update to Council for 2/21/20 Meeting Attachments:CGL Response to Memo_7.20.20.pdf Good Afternoon –    I just received the attached letter from the Board of CGL.  I am sharing a copy in advance of the Update on CGL Progress  tomorrow afternoon.  This letter is part of the record on this Town Council meeting agenda item.    Thanks,             From: Larisa Haytmanek <larisahaytmanek@gmail.com>   Sent: Monday, July 20, 2020 2:41 PM  To: George Ruther <GRuther@vailgov.com>  Cc: Jess Szmyd <jessica.schmierer@gmail.com>; Patrick Barrett <patrick@tsgvail.com>; Patrick Davis  <patrickdavis7@gmail.com>; Rebecca McDonnell <rebeccajmcdonnell@gmail.com>; Maren Cerimele  <mrscerimele@gmail.com>; Kevin Magner <ktmagner@gmail.com>; Paul G <pgraf321@gmail.com>; Paul Wisor  <paul.wisor@gmail.com>; Maggie Swonger <mswonger@childrensgarden‐vail.com>; Nicky Teaver  <nteaver@childrensgarden‐vail.com>  Subject: CGL Comments ‐ Memo Update to Council for 2/21/20 Meeting    George,    On behalf of the CGL Board of Directors, please find attached a letter addressing the memo relating to CGL’s relocation update for tomorrow’s town council meeting. Thank you for your continued efforts toward our programming relocation.    Sincerely,  CGL Board of Directors   Dear George, This letter is provided in connection with the Vail Town Council Memo Agenda for tomorrow’s (7/21/20) council meeting relating to the Item/Topic Children’s Garden of Learning (CGL) Update. We, as the Board, want to once again express our gratitude to the Town for the support they have given to our program over the years. Additionally, we thank you for your continued efforts on the relocation of CGL. We reviewed the Town Council Agenda Memo Update relating to this topic. We are in full agreement with your assessment that the timeline remains a critical obstacle and want to clarify that there are two paths we are working on in parallel efforts - the long term and short term per our discussions and weekly meetings. We want to make it clear that none of the sites currently being evaluated for a long term relocation line up with the timeline set by the Town. Therefore, we are working in parallel efforts to explore long term and now short term options. The long term sites being studied include: 1.Vail Gymnastics Center. 2.Red Sandstone Park area. Per our last meeting on July 2, 2020, the architects are working on site analysis studies and are awaiting results of that analysis. 3.Donovan Park area/Cascade Tennis Courts - George has meeting on the 21st for discussions surrounding the purchase of this land. Given the fact that none if these long term options line up with the 9/15/21 timeline, the Town and the Board are exploring a temporary relocation option of the Town of Vail Municipal Building. CGL has expressed an interest in further exploring this site as a temporary placement only, while continued advancement is made toward a long term home, which could be anywhere from 2-5 years out. CGL has requested a separate MOU from the Town to identify both temporary short term and long term sites, a relocation timeline with no disruption to programming, and a concrete plan to move forward. Respectfully, CGL Board of Directors Children’s Garden of Learning is a 501(c)(3) non-profit. Providing early childhood education in Vail since 1986.
 129 N. Frontage Road, Vail, CO 81657 | (970) 476-1420 | www.childrensgarden-vail.com Fostering socially capable, creative and engaged citizens who love learning.
 Experiential Education | Social Learning | Community Engagement | Creative Expression 1 Tammy Nagel From:DD Armistead <ddunbar66@comcast.net> Sent:Monday, July 20, 2020 8:01 AM To:PublicInputTownCouncil Subject:CHILDREN'S GARDEN LEARNING FACILITY PRIOR PLANNING PREVENTS POOR PERFORMANCE by the Vail Town Council here! It would seem incredulous that TOV would not facilitate finding CGL a new building to utilize as well as implementing a PLAN to assist them in meeting a time frame to relocate into that NEW facility, Even if that requires extending their lease for another year, until 2022, it is a far less "impact" on the Vail community and our current residents than any delay caused in erecting some new "affordable" housing/apts. (which would not be on-line until 2023 anyway) for new residents! As Council members, DO THE RIGHT THING HERE!!! Support CGL in this endeavor and move quickly to nail down a solution that works for the best interests of all parties concerned. I have watched 10 of my grandkids here in the valley go CGL and experience a great environment from a wonderful staff of dedicated personnel. PLEASE SUPPORT THEIR EFFORTS AT THIS TIME TO CARRY ON THEIR MISSION. Respectfully submitted, Dan Armistead Minturn, Co 1 Tammy Nagel From:Jessica Gill <jessicatenny@gmail.com> Sent:Monday, July 20, 2020 3:08 PM To:PublicInputTownCouncil Subject:CGL   Our kids need to be a priority in our community. There is no point in adding workforce housing when you would be  sending local Vail families out of town for childcare. A healthy community needs to support families, especially children.  The children are the future of our community and my husband and I work for the hospital and vail resorts respectively.  We live in vail and hope to continue to have child care for our family in the community we live in. It is disappointing that  children are not being treated as a priority in our community. Please assure there is a location equal or better than the  current CGL before there is more development for employee housing because you are sending valuable employees out  of the community without providing for families.     Thank you for your time.     Jessica Gill   Vail resident   Vail employee   Sent from my iPhone  1 Tammy Nagel From:Marianne Kipp <mariannecolahan@gmail.com> Sent:Monday, July 20, 2020 2:57 PM To:PublicInputTownCouncil Subject:Town Council Meeting: CGL & TOV MOU Attn: Town Council—    My child attends CGL, and my 7‐month‐old daughter will (hopefully) be able to attend Children's Garden of Learning  (CGL) next fall when she is 18 months old. It is a wonderful school, and there is simply no other program in Vail that  comes close to matching this early childhood educational program. In a town with scarce options for childcare, CGL is a  vital aspect of this community.    As a parent and as a person who works within the Town of Vail, it saddens me that the town has 1) prioritized more  housing over education/childcare and terminated the building lease, 2) seemingly rescinded its guarantee to have a  home for this school by the lease termination.    What does the town think will happen for this school and the children that go there? [Candidly, we put my  daughter on the daycare waitlists when I was 8 weeks pregnant, and she just got into daycare in Edwards—a  year and two months after we put her on the list. She's still on the Vail waitlist. The local daycares found out I  was expecting before we told our families!]    It's astounding, in a community like Vail and Eagle County, that there are so few places for people to safely send  their children. For families with two working parents or a single working parent, the childcare and early  childhood opportunities in and around Vail are already borderline untenable—   Is the expectation that we now have to put our children onto the waitlist for the one or two other childcare  options in town to prevent an interruption in childcare next fall?    Are parents expected to take a leave of absence from work or quit their jobs while they wait for another school  to be constructed?    Will the school (with a robust, over 30‐year history in Vail) even survive an interruption?    It is upsetting that the Town of Vail has seemed to cast aside the concerns of this school, the families who  attend, and the potential devastating impacts its closure or interruption would have.   Not even getting into the fact that the proposed alternative location is really not great (a rooftop playground in a  mountain community with a lot of snow/busy parking lots and less access to the outdoors, etc. etc.), or that demo‐ing a  beautiful school for a housing development is also really not great, CGL and its families are only asking for the town to  commit to providing a safe relocation by September 2021 or to extend the lease. We're not even asking for a better,  safer school or to save the school. We're just asking the town to give the school a place to go. It's a simple request and  shouldn't even need to be asked for—this, frankly, should be a give‐in.    Will you please issue a new MOU that is truly that—a memorandum of understanding—that both parties understand?  With everything going on in the world, it is deeply unsettling that in a community like Vail, we have to fight for the town  to just relocate a school like it promised it would. It's disappointing, and put more simply, sad.    I know that this is a long e‐mail—if you're still with me, thank you for reading it. As a community member and parent, I  implore you to make this right.    Thank you,    Marianne Kipp  1 Tammy Nagel From:Ward McKinley <ward@vailcoproperties.com> Sent:Monday, July 20, 2020 12:42 PM To:PublicInputTownCouncil Subject:Childrens Garden of Learning Good Day,    It is obvious the Children's Garden of Learning can not be kicked out without a new location in place. This is clear to  Everyone already.     I advocate strongly for an alternative location for the developer of the EverVail location. This site offers many options for  Public/Private partnerships for a new building AND school, etc... and massive economic development. Senator Donavan  has voiced support of this project.     I am an X‐ City Planner from New York City and have been following these deals, sheep, and projects.    Now is the time for EverVail. Let the Children Lead the Way!     (please quote me on this)    ‐Ward McKinley  West Vail Resident   Childrens Garden of Learning Parent  Former Childrens Garden of Learning Board Member   1 Tammy Nagel From:Christie Hochtl <cjbhochtl@gmail.com> Sent:Sunday, July 19, 2020 3:25 PM To:PublicInputTownCouncil Subject:Children's Garden Good Afternoon Vail Town Council,    Please consider a one year extension on the lease for Children's Garden so they may relocate without  interrupting  childcare and preschool.    Childcare and preschool are difficult to find in the valley.  You might check but I think we have the same number of  preschools as we had years ago and our population has exploded.  The need for preschools and daycare is  acute!  Children are on waiting lists  before they are born for a spot.  To relocate all of the children currently attending  CGL would be an impossible task.    Please help our children by extending the lease at CGL until 9/15 2022.    Thank you,    Christie and Karl Hochtl    cjbhochtl@gmail.com  9704761125  9703761893  Grandson Mattias currently attends CGL and his brother would like to join him!  1 Tammy Nagel From:Gary Scanlon <gscanlon22@gmail.com> Sent:Sunday, July 19, 2020 3:46 PM To:PublicInputTownCouncil Subject:Children's Garden of Learning My grandchildren love the Children's Garden of Learning . As I am sure you are aware, this school provides outstanding  education in a wonderful environment. It provides a valuable service to the residents and workers in the Town of Vail.  We agree that the sheep are important, but so are the children. Please provide new facilities for the school before you  tear it down. The Town has a moral obligation to keep this school open.  Thank you,    Gary Scanlon  gscanlon22@gmail.com  937.673.4751  1 Tammy Nagel From:Carly Tanis <carly.tanis@gmail.com> Sent:Sunday, July 19, 2020 3:32 PM To:PublicInputTownCouncil Subject:Development of CGL My name is Carly Tanis. I am a resident of Edwards and a parent to two preschool aged children who attend Children's  Garden of Learning.     I am a proponent of change and growth in the community. I understand the value and the great need for affordable  housing in our community. I am fully on board with the town's plan with Vail Resorts to construct 1000 new units of  employee housing by 2027. I also stand in support of the Vail Gymnastics Center as a new location for CGL and/or  another comparable property or location that has yet to be determined.     The issue lies in the timing ‐ our children can't ‐ and I mean really, physically CAN NOT ‐ move into a preschool center  that doesn't exist. Therein lies the problem     Please agree to extend the lease on the current CGL facility until a new location is secured, built, licensed, and ready for  move‐in. There are other locations in town where housing needs can be addressed while the preschool needs are also  being met. This is the win‐win‐win situation that is repeatedly being touted in the local media.  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-Bike S hare P ilot Program Update P RE S E NT E R(S ): B eth Markham, E nvironmental Sustainability Coordinator, Kristen B ertuglia, Director B AC K G RO UND: I n February of 2020 the Environmental S ustainability Department publicly released a Request for P roposals (R F P ) for an electric bike share service provider provide a short-term pilot to test a micro-mobility transportation alternative to driving or taking the bus for shorter commutes. Bewegen Technologies was awarded the contract. T he pilot program began J uly 1 and will end S eptmebr 9, 2020. T he objective of the electric bike share pilot program is to discover whether an e-bike program is an appropriate community service in Vail. A full report will be provided to Town Council with staff recommendations upon completion of the pilot program in S eptember, 2020. AT TAC H ME N TS: Description E-Bike Share Pilot Program Memo Attachment A. Bewegen Vail E-Bike Share FAQ's E-Bike Share Pilot Program Presentation July 21, 2020 - Page 73 of 148 To: Vail Town Council From: Environmental Sustainability Department Date: July 21, 2020 Subject: Community Electric Bike Share Pilot Program Update I. Purpose The purpose of this memo is to provide a preliminary update to the Vail Town Council on the 10- week electric bike share pilot program (July 1 – September 9, 2020). II. Background A bike share program has the potential to contribute to the Town Council goals of elevate the experience and sustainability, as well as compliment the Sustainable Destination project. An e-bike share system could support the following goals and objectives of the adopted Environmental Sustainability Strategic P lan: Goal #6 – Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Objective #2 - Establish collaborative partnerships for improved use of mass transit. Objective #3 - Increase bicycle use and alternative low impact modes of transportation. An e-bike share program also supports the recommendation of the Eagle County Climate Action Collaborative (CAC) Transportation Committee, to implement a regional electric bike share program as an effective means to reduce transportation related greenhouse gas emissions, and the goals of the CAC Plan which Town of Vail adopted in 2017: • 25% reduction in greenhouse gas emissions by 2025 • 80% reduction in greenhouse gas emissions by 2050 The Vail Town Council initially discussed bike share in a work session in August of 2016. At the time, most bike share programs did not include electric -assist bicycles, and there was not interest in pursuing a full-scale bike share in the community based on costs for a study (upwards of $50,000), terrain, and distances required for local trips. At that time, staff reached out to and held a meeting with a number of bike rental operators to discuss possible concerns July 21, 2020 - Page 74 of 148 Town of Vail Page 2 with a local bike share program. As the programs have grown in popularity among peer resort communities and other towns in the Valley and Eagle County began to implement and or fund bike share programs, Council discussed an e -bike program pilot program as part of the budget discussion for 2019. Funding for an electric bike share pilot program was included in the approved 2020 budget to identify if demand existed, and how, when, where, and by-whom e- bikes where utilized in Vail. In February of 2020 the Environmental Sustainability Department publicly released a Request for Proposals (RFP) for an electric bike share service provider provide a short-term pilot to test a micro-mobility transportation alternative to driving or taking the bus for shorter commutes. Electric bike share implementation is a specific service that requires: • providing e-bikes, • charging infrastructure, • website and mobile app development, • marketing, • data management • customer service • operating logistics o re-balancing, charg ing, maintaining and cleaning bikes daily. This service is beyond the scope of a bike rental business at present. Three companies responded with proposals: • Bewegen Technologies (Canada) • Drop Mobility (Canada) • Koloni, Inc. (Iowa) After reviewing each proposal, contacting at least two references for each company, and conducting additional research, staff awarded the contract to Bewegen Technologies based in Montreal, Canada. Bewegen came highly recommended from Summit County, Utah which is where Park City is located and has similar terrain, topography, climate, and demographics to Vail. Summit County successfully launched their e-bike share system with Bewegen in 2017 and now has 190 bikes with 20 stations in their fleet . Bewegen also has implemented 23 successful electric bike share systems throughout the United States and around the world. Bewegen proposed to fully operate a turn-key e-bike share system as a 10-week pilot program, including 12 e-bikes. The contract was awarded to Bewegen Technologies in March of 2020. Bewegen is providing the bikes, infrastructure, all related services including website and mobile app development, data management, maintenance, charging, re -balancing and daily cleaning and disinfecting of the bikes and stations. Bewegen contacted several local bike sho ps in an effort to partner with a local company to help run the logistics aspect of bike share program, returning contract dollars back to the local economy; however, each bike shop contacted declined. Bewegen has since hired a technician from Park City, U tah to provide all necessary services who is currently based in Vail. They are actively seeking a local Vail resident to take on this role. Communications regarding the e -bike share pilot program were disseminated through the Town of Vail communication outlets several times starting in April of 2020. A press release was circulated late June of 2020 to prepare for the July 1st launch. At the start of the pilot program an e-newsletter to local bike shops regarding the electric bike share as well as other bike related initiatives, including the Sole Power Challenge, the pilot program on Vail Valley Drive, electric bike rules and regulations and a reminder not to wash bikes over storm drains. July 21, 2020 - Page 75 of 148 Town of Vail Page 3 III. Budget The contract awarded to run the e lectric bike share pilot program for 10 -weeks is as follows: EXPENSES PILOT PROJECT Installation $ 3,000 Shipping $ 6,000 External chargers $ 600 Spare parts kit $ 500 Sub-total: Production $ 10,100 IT Structure (Mobile App and Website) $ 7,600 IT Maintenance $ 510 Sub-total: IT $ 8,110 Wages $ 7,000 Telecommunication $ 120 Miscellaneous $ 2,000 Sub-total: Bike Share Operations $ 9,120 Total Expenses $ 27,330 REVENUES PILOT PROJECT Fixed revenues: Agreement with Town of Vail, CO $ 25,000 Variable revenues: Ridership $ 3,780 Revenue Sharing: Bewegen (75%) $ 2,835 Revenue Sharing: Town of Vail, CO (25%) $ 945 Total Revenues (Bewegen) $ 27,835 IV. E-Bike Share Pilot Program Objective The objective of the electric bike share pilot program is to discover whether an e-bike program is an appropriate community service in Vail. The program is designed to provide a flexible, micro- mobility transportation option for local residents and employees in Vail to supplement existing public transit systems, ease parking and traffic congestion, and improve livability , reduce carbon, and encourage a healthy lifestyle through green commuting . Electric bike share systems serve local residents and employees for short commutes from Point A to Point B while running errands, going to work, or attending social events rather than driving personal vehicle s. They allow users to arrive faster, easier, and more efficiently than taking personal pedal bikes with the need to transport, lock and ride home at the end of the day. E-bikes also allow for transition from bus or carpool to get to and from final destinations , assisting in first-last mile challenges. The program is not intended as competition with local bike shops renting bikes and e-bikes to visitors for longer periods of time from half day to multi day rentals. In fact, e-bike share programs are often introductions to e -bikes for an average user, who then purchases and e-bike from a local vendor. July 21, 2020 - Page 76 of 148 Town of Vail Page 4 The 10-week pilot program will provide valuable insigh t into the following questions: • how a micro-mobility system could be utilized in town, • whether it is a feasible transportation solution for local residents and employees, and • if the Town of Vail community is interested in adoption of a full -scale e-bike share system. V. Operations and Pricing The 12 e-bikes in the fleet are spread out through six stations in Vail. Station locations were identified near bus stops and in neighborhoods with high local resident populations . Two central stations offer docking opportunities to riders coming into town while avoiding Vail Village and Lionshead centers. The locations include: • Ellefson Park • West Vail Mall Bus Stop • Donovan Pavilion • Vail Public Library • Vail Transportation Center • Pitkin Creek Bus Stop A temporary station will be enabled during events at Ford Park and at the Ford Amphitheater allowing event attendees to use the e -bike share to commute and from the event, while providing a docking station during the event. Users can start rides at any of the six designated stations by unlocking an e -bike using the Bewegen Vail mobile app. The ride and charges officially begin when the bike is unlocked. The bike must be returned to and locked at one of the six designated stations or at a temporary station set up for events. Once the bike is locked to the station, the ride a nd associated charges stop. The user is able to make intermediate stops along his or her route by using a secondary lock to lock the bike. The screen will indicate that the bike is reserved for another user and will prevent anyone else from checking that bike out. Current pricing to use the e -bike share system is $3 for the first 30 minutes and $0.15 for each additional minute. The electric bikes in this program only have a 3.5 -hour battery life fully charged, so their intended purpose is truly for shorter distanced and durations. Battery life aside, rates are comparable to local bike rental businesses. Bewegen E-bike Share Vail Bike Rental Businesses Full Day: 8-hour ride $70.50 $53.60 - $150 Half Day: 4-hour ride $34.50 $37.50 - $100 Monthly Membership $25/month + $0.15/min X V. Statistics In the first two weeks of the e -bike share pilot program, demand is much higher than anticipated. Program statistics as of July 14, 2020 and two weeks into the 10-week pilot program are as follows: • 78 rides longer than 30 seconds to date • 246.7 miles ridden total July 21, 2020 - Page 77 of 148 Town of Vail Page 5 • Average trip length: 3.45 miles • The average ride time (excluding overnight usage): 41 minutes • 82% of trips are under 60 minutes Most trips are under 45 minutes. Of the more than 120 -minute trips, 3 were overnight trips, where the user left the bike behind and did not properly dock it, thus were charged for the duration. At this point there have only been 6 trips between 2 and 3.5 hours that would be considered a half day rental. Membership Stats (July 1- 14, 2020) • 92 users have downloaded the app • 45 unique users have at least one ride • 64% of users are Eagle County residents (52 are Vail residents and 7 are residents of Eagle County outside of Vail) • 87% have a Colorado address, some presumed to be 2nd homeowners • 13% have an out of state address • 82 users are Pay as You ride members • 5 users registered for Monthly Membership VI. Feedback and Lessons Learned Since implementation of the pilot program, both positive and constructive feedback has been received by users of the system and local bike shops. Given the feedback several changes were initiated within the first two weeks of the program. Positive feedback from users regarding their experience using the e -bike share includes that it is easy and fun to use, a great service added to the community, and easily accessible from user neighborhoods. Additional comments include users not having to worry about taking their expensive bike to get around town and they can park, lock and forget about the e-bikes. Others have commented that they love the basket to carry items. Anytime a new system with advanced technology is implemented, there are bound to be kinks to work out and one great reason to launch a pilot program to discover any issues and work through them prior to exploring a full-scale e-bike share program. Identified Issues (July 1- July 14, 2020) • Dead Batteries: The bikes were in high demand at the onset of the program. Once this feedback was received, staff immediately worked with the technician hired to maintain the system to improve his strategy for keeping batteries charged. After the first week, the 0 5 10 15 20 25 less than 15 15-30 30-45 45-60 60-75 75-90 90-105 105-120 More than 120Number of TripsTrip Duration (minutes) Trip Duration July 21, 2020 - Page 78 of 148 Town of Vail Page 6 strategy was in place and the batteries have been recharged daily. In addition, Bewegen added battery levels for each bike available on the website and mobile app so that users can identify this prior to going to a station to check out a bike. They also gave staff access to the back end system and provided keys to unlock bikes so staff is able to assist as needed. Staff also created an FAQ regarding how to check the battery level of the bikes on the screen of each bike prior to checking it out to ensure it has enough battery life for the intended ride. • Shut Off Zones: Prior to the start of the pilot program, the Town of Vail Environmental Sustainability and Mobility Innovation Coordinators wo rked with Bewegen to set up zones where the electric assist would automatically shut off based on areas of town where electric assist is not allowed, for instance on soft paths through town, parks and on the Vail Pass Bike Path. However, some of the electric assist shut off zones established through GPS were a bit off in some places causing the electric assist to terminate in areas along the bikes path causing difficulty for riders. After receiving this feedback, staff had Bewegen remove the automatic elect ric assist termination in all zones and will provide education instead on where electric assist bikes are not permitte d rather than disabling the bike and inconveniencing the rider. • User Friendly Experience: Staff has also created an FAQ document, attached here to provide tips for users if they encounter a n issue with the e-bikes. The FAQ document will be added to the Bewegen Vail website and circulated through Town of Vail communication means. Staff also created a short “How To” video tha t will be circulated around social media. • Local Bike Shop Concern over Competition: While at least one bike shop has responded positively to the e-bike share pilot program, staff has gotten direct feedback from two local bike shops expressing frustration . Staff also emphasized again to the community that the e-bike share system is intended for short commutes. For those looking for longer rides or using a bike for recreation, they are directed to visit a local bike shop to rent from them. The link found on the Discover Vail website listing all local bike shops is included. Staff is also working to update the pricing structure of the current e-bike share system to discourage usage of the electric bike s for greater than one hour. While measures were taken to adhere to initial feedback and requests from the bike shops (e.g. no docking stations in the Village/Lionshead, pricing structure and marketing to residents only), staff recognizes the need to continue outreach with the business community to collect feedback and create a win -win solution. Feedback from the Summit County, Utah bike share program indicates that after implementation of the electric bike share, local bike shops saw an increase in electric bike sales as local residents realize the effectiveness and efficiency of commuting on an electric bike. • Improper Docking: In one instance a user locked a bike in the Village in a location that prohibited the local trash hauler from accessing the trash dumpster . While any bike could have been locked in this location, Vail Police Department was not comfortable cutting the lock on the e-bike due to the electrical components in the bike lock. Customer service from Bewegen was able to unlock the bike and Vail Police Department was able to return the bike to a docking station. To provide a faster solution in the future, the Vail Police Department has since been provided a key that can unlock any bike at any time. Several additional keys have been distributed to additional staff members to deal with bike parking issues in the future. Additional messaging is also being communicated to the community members that charges for a ride do not officially end until the bike is returned to one of the six docking stations. July 21, 2020 - Page 79 of 148 Town of Vail Page 7 VII.Next Steps Staff will continue to collect and respond to feedback regarding the e-bike pilot program and make changes and adjustments as necessary to ensure the program is a positive experience for the Vail Community. All lessons learned, feedback received, and statistics accumulated throughout the 10-week pilot program will be shared with Town Council at the end of the program. Attachment A: Bewegen Vail E-Bike Share FAQ's July 21, 2020 - Page 80 of 148 Bewegen Vail E-Bike Share FAQ’s Thank you for trying out the Bewegen Vail e-bike share pilot program. Here are some answers to some frequently asked questions regarding the Bewegen Vail electric bike share program. We hope your user experience easy, seamless and fun. How do I sign up to use the Bewegen Vail e-bike share system? Sign up online at vail.bewegen.com or by downloading the free Bewegen Vail mobile app. Click the “Join Us” tab to create an account. If your billing address is different than the address you entered on the log in page, be sure to uncheck the “Use the same address for billing” and ensure the billing address matches the address associated with your credit card. How do I know where the e-bikes are located and whether they are available to use? Check the Bewegen Vail app or visit https://vail.bewegen.com/map. Click on one of the stations and it will indicate the number of available bikes. Click the geofenced station which will bring up a bubble with a lightning bolt. Click that bubble which indicates the battery life remaining on the bikes at that station. How can I tell how much battery life a bike has? Prior to checking out an e-bike, push the horn button on the left-hand side of the handlebars. This will wake the bike up and illuminate the screen to show you the time and mileage remaining for battery life on the bike. Be sure to select a bike with enough battery life for your intended ride length. How do I unlock and lock a bike? After creating an account, unlock an e-bike using the Bewegen Vail mobile app and log in. Next, choose the unlock option and type the 5-digit bike number located on the steering post, directly beneath the handlebar and click “Unlock.” The e-bike will emit a sound and the bike screen will display “Unlock bike”. If you are at a geofenced station using a Town of Vail bike rack, pull the cable out of the secondary lock and hop on your e-bike. If you are at the physical docking station at the Vail Transportation Center, once you hit “unlock” on the mobile app, roll the back backwards and out of the docking station. To lock the e-bike, push the cable pin inside the bike’s secondary lock. If returning the bike to the physical docking station, roll the bike into the dock. Once locked, the bike will emit a sound and the screen will display “Dock bike”, confirming the e-bike has been secured. July 21, 2020 - Page 81 of 148 I did everything suggested to unlock the bike, but I cannot seem to get the secondary lock to disengage. Help! Several of the bikes in the system have new locks that can stick a bit. When you tap “unlock” on the mobile app and the bike indicates that it is unlocked, one trick is to pull the secondary lock up and back slightly before sliding it forward and out of the locking mechanism. You may have to try a few times. If you are using one of the bikes in the docking station at the Vail Transportation Center and have a difficult time getting the bike out of the dock, try to pull a little harder a couple of times and it should disengage. When I approach an e-bike the screen says to tap my card to unlock, but I don’t have a card. What does that mean? If this were a full-scale bike share program, users with memberships would receive a card that they could use to tap on the screen and unlock the bike. However, given the small scale and duration of this pilot program, the only method to unlock the bikes is through downloading the Bewegen Vail mobile app and following the instructions in the FAQ above. Do I have to return the bike to the same station I checked it out from? No. You can return the e-bikes to any of the six designated stations throughout Vail. Visit the Bewegen Vail app or https://vail.bewegen.com/map to identify station locations. Five stations are at Town of Vail bike racks. Lock the secondary lock to the bike rack until the bike indicates it is docked. The sixth station is at the Vail Transportation Center and is a physical docking station. Roll the bike into the docking station, where it will automatically lock. Please note, your credit card will continue to be charged until you return the bike to one of the six designated stations. If there is no space when you return the bike to a station, call the customer service number, 877 -460 -2435, which is also located on the bike basket and on signage at each station. They will instruct you where to lock the bike and manually end your ride. When does my ride officially end and when do charges to my credit card stop? After checking out an e-bike you are initially charged $3 for the first 30 minutes of your ride. You are then charged $0.15 per minute after. When you return the bike to one of the six designated stations, your ride officially ends, and charges to your credit card stop. However, if you lock the bike elsewhere during an intermittent stop, the bike is still reserved to you and your card will continue to be charged until the bike is returned to one of the six designated stations, which can be located on the Bewegen Vail app or on the website at vail.bewegen.com. You can also purchase a monthly pass, which includes 45-minute rides before you are charged an additional $0.15 per minute. July 21, 2020 - Page 82 of 148 Are these e-bikes intended to be used for recreation and all day? The intent of the e-bike share pilot program is to provide micro-mobility transportation solutions for residents and employees in Vail. The idea is to use the e-bike share to get from Point A to Point B while running errands, going to social engagements or commuting to and from work. If you are interested in using an e-bike for an extended period of time or for recreational purposes, we recommend you rent one from one of the many awesome bike shops in Vail. For a list of local shops that rent bikes, visit https://discovervail.com/rent-a-bike/. My e-bike just got a flat tire or experienced another mechanical failure. What do I do? A user can call customer service using the number on the bike (877-460-2435) to advise them that the bike has a flat tire (or any other major issue that won’t allow the user to bring back the bike to a station) so a technician can come and pick it up. In the meantime, the user can lock the bike with the secondary lock (to a tree, a bike rack, etc.) and the customer service representative will close the ride manually. Are the bikes disinfected regularly? Yes. The health and safety of the community and our staff is our top priority. The bikes and station areas are cleaned and disinfected daily. Staff members take extra precautions when handling the bikes and wash hands regularly. We encourage bike share users to: • Wipe down bikes before and after use with disinfectant. • Clean hands with soap and water or use hand sanitizer before and immediately after using a bike. • Avoid touching your eyes, nose and mouth with your hands. • Avoid close contact with people who are sick. • Practice social distancing- ride single file with at least 6 feet of distance between yourself and other people. • Wearing masks while riding is recommended. • Do not use the bike share if you are sick or experiencing symptoms of COVID-19. Please share your feedback! Your feedback is critical to ensure the success of this pilot program. Was your ride and experience awesome? Did you experience any challenges? Please share your user experience with us by emailing Beth at bmarkham@vailgov.com or calling 970-479 -2333. If you have additional questions, visit the Help section of the Bewegen Vail website at: https://vail.bewegen.com/help July 21, 2020 - Page 83 of 148 E-Bike Share Pilot Program Update Environmental Sustainability Department July 21, 2020 July 21, 2020 - Page 84 of 148 E-Bike Pilot Program Update Environmental Sustainability Coordinator Beth Markham Environmental Sustainability Coordinator Office: 1.970.479.2333 bmarkham@vailgov.com 2Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 85 of 148 Bewegen Vail E-Bike Share Pilot Program 10 Week Program: July 1 –September 9, 2020 Micro-mobility Transportation Solution Electric bike share is a specific service: providing e-bikes, charging infrastructure, website and mobile app development, marketing, data management customer service operating logistics re-balancing, charging, maintaining, and cleaning bikes daily 3Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 86 of 148 E-Bike Share Supports Goals Town Council goals: •elevate the experience and sustainability Supports Environmental Sustainability Strategic Plan: Goal #6 –Reduce the environmental impact of transportation by supporting efforts within the Eagle Valley to decrease total Vehicle Miles Traveled (VMT) by commuters and guests by 20% by 2020. Objective #2 -Establish collaborative partnerships for improved use of mass transit. Objective #3 -Increase bicycle use and alternative low impact modes of transportation. Supports Eagle County Climate Action Plan: •25% reduction in greenhouse gas emissions by 2025 •80% reduction in greenhouse gas emissions by 2050 4Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 87 of 148 E-Bike Share Pilot Program Timeline Timeline 2016: •Town Council work session on bike share programs across the country •Bike Shop Roundtable with local bike shop owners to discuss bike share in the community 2017: •Town budgeted $6,000 for 6 e-bikes for town employee bike share 2018-2019 •Town Council discussion of comparable and local programs (CAC, peer resorts, etc.) •Town purchased 2 e-bikes for trail host program 2019-2020 •$25,000 approved in 2020 Budget for e-bike share pilot program 5Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 88 of 148 E-Bike Share Pilot Program Timeline 2020 Timeline February: •RFP released for pilot program March: •Proposals received and reviewed •Bewegen Technologies proposal selected April: •Communications about bike share began via Town channels June: •Press release circulated July: •First bike shop e-newsletter distributed •E-bike share pilot program launched 6Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 89 of 148 Bewegen Technologies Proposal and Budget •10-week Pilot Program •12 e-bikes in geofenced stations •Providing: •12 e-bikes and spare parts •Charging infrastructure •Mobile App, Website, IT Support •Marketing •Operations and Logistics •Customer Service 7Town of Vail | Environmental Sustainability Department | 07/21/20 EXPENSES PILOT PROJECT Installation $3,000 Shipping $6,000 External chargers $600 Spare parts kit $500 Sub-total: Production $10,100 IT Structure (Mobile App and Website)$7,600 IT Maintenance $510 Sub-total: IT $8,110 Wages $7,000 Telecommunication $120 Miscellaneous $2,000 Sub-total: Bike Share Operations $9,120 Total Expenses $27,330 REVENUES PILOT PROJECT Fixed revenues: Agreement with Town of Vail, CO $25,000 Variable revenues: Ridership $3,780 Revenue Sharing: Bewegen (75%)$2,835 Revenue Sharing: Town of Vail, CO (25%)$945 Total Revenues (Bewegen)$27,835 July 21, 2020 - Page 90 of 148 E-Bike Pilot Program Objectives Provide flexible, micro-mobility transportation solution to local residents and employees for shorter commutes. Supplement public transit Reduce vehicle travel Ease parking and traffic congestion Increase livability Users arrive faster, easier, and more efficiently than taking personal pedal bikes Assist in first-last mile challenges Not intended to compete with local bike shops for e-bike rental market. 8Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 91 of 148 Seek to Discover 9Town of Vail | Environmental Sustainability Department | 07/21/20 •How could a micro-mobility system be utilized in town? •Is it a feasible transportation solution for local residents and employees? •Is the Town of Vail community interested in adoption of a full-scale e-bike share system? July 21, 2020 - Page 92 of 148 Technology 10July 21, 2020 - Page 93 of 148 Operations 12 bikes 6 Stations 1 Temporary Station at Ford Park during Event 5 Geofenced Stations 1 Physical Docking and Charging Station Rebalancing, Cleaning, and Maintenance 11July 21, 2020 - Page 94 of 148 Pricing 12Town of Vail | Environmental Sustainability Department | 07/21/20 $3 for the first 30 minutes and $0.15 for each additional minute Bewegen E-bike Share Vail Bike Rental Businesses Full Day: 8-hour ride $70.50 $53.60 -$150 Half Day: 4-hour ride $34.50 $37.50 -$100 Monthly Membership $25/month + $0.15/min X July 21, 2020 - Page 95 of 148 Statistics As of July 14, 2020 13 78 rides 246.7 miles total 3.45 miles: Average trip length 41 minutes: Average ride time 82%of trips are under 60 minutes 92 users have downloaded the app 64% of users are Eagle County residents 23% have a Colorado address outside Eagle County 13% have an out of state address 82 Pay as You ride members 5 Monthly Membership users July 21, 2020 - Page 96 of 148 Statistics As of July 14, 2020 14 0 5 10 15 20 25 less than 15 15-30 30-45 45-60 60-75 75-90 90-105 105-120 More than 120Number of TripsTrip Duration (minutes) Trip Duration Town of Vail | Environmental Sustainability Department | 07/21/20 July 21, 2020 - Page 97 of 148 Positive Feedback from Community 15Town of Vail | Environmental Sustainability Department | 07/21/20 Some comments from users: “It is easy and fun to use” “A great service added to the community” “Easily accessible from my neighborhood” “I do not have to worry about taking my expensive bike to get around town” “I can park, lock and forget about the e-bikes” “I love the basket” “I love this program!I think the shared e-bike program is a great addition to Vail and I'm glad to see the town doing it.” –Community Member July 21, 2020 - Page 98 of 148 Constructive Feedback from Community Issues and Solutions 16 Dead Batteries High Demand required new charging strategy FAQ Sheet Shut Off Zones Removed and will focus on education of where e-bikes cannot go User Friendly Experience Created FAQ sheet and How To video Local Bike Shop Concern over Competition Improved messaging to customers Ongoing communication with bike shops Collect feedback from bike shops Improper Docking Increased education on docking stations Provide keys to Vail Police and key staff members July 21, 2020 - Page 99 of 148 Questions? 17Town of Vail | Community Development| 08/16/16 Thank you! Beth Markham Environmental Sustainability Coordinator Office: 1.970.479.2333 bmarkham@vailgov.com July 21, 2020 - Page 100 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Bicycle S low Z one program for Pedestrian Areas Update P RE S E NT E R(S ): Gregg B arrie, Senior L andscape Architect AC T IO N RE Q UE S T E D O F C O UNC I L: To review the information provided and offer direction to staff. B AC K G RO UND: During the J uly 7 Town Council meeting, the Council discussed ideas for reducing conflicts between bicycles and pedestrians in congested areas of Vail Village. The Council asked staff to work towards implementation of bicycle “slow zones” in those areas. T he purpose of this agenda item is to update the Council on the progress of this new program. S TAF F RE C O M M E ND AT IO N: Staff recommends that a trial signage and education program creating bicycle slow zones in Vail Village and L ionshead can be implemented quickly and at a relatively low cost to evaluate how this type of program can be effective. AT TAC H ME N TS: Description Staff Memorandum July 21, 2020 - Page 101 of 148 To: Town Council From: Gregg Barrie, Department of Public Works Date: July 21, 2020 Subject: Update for Bicycle Slow Zones in Village Areas I. PURPOSE During the July 7 Town Council meeting, the Council discussed ideas for reducing conflicts between bicycles and pedestrians in congested areas of Vail Village. The Council asked staff to work towards implementation of bicycle “slow zones” in those areas. The purpose of this memorandum is to update the Council on the progress of this new program. II. SLOW ZONE PROGRAM The program can start with two components: signage and education. Sign Program Town staff contacted Vail Resorts staff involved in the Vail Mountain Slow Zone program to learn from their process. One piece of advice they offered was to consider that few people will pay attention to a standard sign indicating “Bicycle Slow Zone”, especially younger bikers. Instead, a suggestion was made to be more whimsical in creating the signs. Designing something fun or playful to get the point across may draw more attention than just another sign. With that in mind, and with some ideas from Vail Resorts, staff developed several concepts, which are attached as Appendix A. Staff will discuss the concepts during the presentation. The signs would be mounted on portable posts and placed in strategic locations throughout the main Village core. The attached map shows recommended locations for this pilot program. The signpost bases weigh approximately 60 lbs. and have a green steel post, see attached photo. Vail Transit has suggested that areas along the bus route such the Solaris plaza and along West Meadow Drive where buses, pedestrians and bikes interact should be considered for additional slow zone or dismount zone signage. July 21, 2020 - Page 102 of 148 Town of Vail Page 2 Education Program Recognizing that signs alone will not likely solve the issue, staff recommends working directly with bicycle rental shops to ask for assistance with implementing safe biking practices around Vail. The Biking around Vail brochure created by the Welcome Center and Community Information department provides bicycle etiquette tips, information regarding e-bikes and recommended slow zones. It is important that rental shops understand which Classes of e-bikes are allowed to go where. That information should be provided to all renters. Rental shops could also be asked to voluntarily participate in a program to add bells or other warning devices to all rental bikes. III. COSTS Each sign and post are approximately $340. With that in mind, the cost to install signs in the recommended locations in Vail Village is $3,740. Adding 4 additional signs for Lionshead would raise the cost to $5,100. These could be paid for through the Recreation Path Maintenance account. The most costly components of this pilot project are the signposts, which can be repurposed for other signage and special events if needed. Printing for the Biking around Vail brochure would cost approximately $1,000, paid from the Communications Department budget. IV. TIMING The signage and education programs can be implemented quickly following direction from the Town Council. Signposts will take approximately 2-3 weeks for delivery. The education program can begin immediately. The program can be monitored for the duration of summer 2020 and altered/expanded as needed for 2021. V. ACTION REQUESTED BY COUNCIL Staff is requesting that the Town Council review the information provided and offer direction to staff as follows: a) Provide feedback on the sign designs b) Should the program include only one sign design or multiple designs c) Should the program be expanded to other pedestrian/bicycle areas such as Lionshead and Meadow Drive as part of this pilot program VI. STAFF RECOMMENDATION Staff recommends that a pilot program creating bicycle slow zones in Vail Village and other areas can be implemented quickly and at a relatively low cost through signage and education. The program can be evaluated through the remainder of the summer to determine its effectiveness. Attachments: • Sign Graphics • Recommended Sign Locations • Draft education – Biking around Vail July 21, 2020 - Page 103 of 148 July 21, 2020 - Page 104 of 148 July 21, 2020 - Page 105 of 148 July 21, 2020 - Page 106 of 148 W LIONSHEAD CIRLI O N S H E A D M A L L LI ONS HEADPL An tle rs Ar ra b e lle Landm a rk Va il 2 1 F ir s t Ch a ir Va n tag e P o in t Monta neros We s tw in d Lions he ad C entre L if t Ho u s e Tr ee To p s Lion S quare Lodge S o u th & E a st Lion S quare Lodge North Ea gle B ahnGondola Lions head Arca de We s tLionshead P laz a Cha ir 8 Lions PrideBuilding Tic ke tOffice Re s tro o m s L io n s h e adWelcome Center S k ie rDrop-O ff 89:l89:l 89:l89:l Subject Areas P r o p o s e d B i c y c l eProposed B i c y c l eSlow Z o n e s a n d S i g n a g eSlow Z o n e s a n d S i g n a g e (V a i l V i l l a g e & L i o n s h e a d V i l l a g e )(V a i l V i l l a g e & L i o n s h e a d V i l l a g e ) I This map was created by the Town of Vail GIS Team. Use of this map should be for general purposes only. The Town of Vail does not warrant the accuracy of the information contained herein.Last Modified: July 10, 2020 E MEADOW DR V AILLNWILLOWBRIDGERDWILLOWPL WALL STVILLAGE CENTER RDBRIDGESTG O R E C R E E K D R BRI DGE S TLodgeat Vail Mo un tain Hau s A u s triaHaus Red Lio n Lo dg e Tow er Ch ris tia n ia E de lw e is s Vail Mo un tain Plaza Covered Bridg e/Pe p i'sSitzmark Lo dg e Villag e Co re C on do s Pla za Lod ge O ne Vail P la ce C re e k-sid e WallStree tBuilding R iv a R idg e S ou th A &D B ld g. R iv a R idg e N o rth B e llTowe r ClockTower/G ors uc h B ridg e S t re etLodge B ridg e S t re et Buildin g Co nd o Vail Mo un tainClub Villa g e C e n te r C o nd os Vis taBahnBuildin g(G on do laHaus) Ch alets at the L od ge at Vail G alle ry Buildin g Hill Buildin g M ill Cre e kCourt S um m e rsLodge G ore C re e kPlaza Bridg e St re e t C on do In form atio n H on g K on gCafeBldg Ch eckpo intCharlie VailTownhou s e s G on do laOne 89:l 89:l 89:l 89:l 89:l89:l89:l 89:l 89:l 89:l 89:l 89:l Va il Vi ll a g eLionshead Slow Zones 89:l Signage July 21, 2020 - Page 107 of 148 Town of Vail Page 3 Example of signpost/base July 21, 2020 - Page 108 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Economic Recovery Efforts in Response to P ublic Health Crisis P RE S E NT E R(S ): S cott Robson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational review of economic recovery efforts with some council direction requested. B AC K G RO UND: Town Manager will present updates about recent public health orders and several economic recovery programs that have been proposed to assist local Vail business owners. AT TAC H ME N TS: Description Memo Economic Recovery 072120 Eagle County Amended Public Health Order 071720 July 21, 2020 - Page 109 of 148 To: Mayor and Town Council From: Town Manager’s Office Date: July 21, 2020 Subject: Vail Economic Recovery Efforts in response to the Public Health Crisis I. PURPOSE The purpose of the memo and presentation is to provide updates to a number of the Vail Economic Recovery Efforts in response to the Public Health Crisis by sharing information on key areas of planning, as follows: ▪ Eagle County Public Health Orders Update ▪ Special Events Update ▪ Music Entertainment Activation in Villages Proposal ▪ Lower Bench of Ford Park Programming Update ▪ Commercial Rental Relief Fund Proposal Update ▪ Future Economic Recovery Efforts Suggestions ▪ Financial and Budget Plan Process II. BACKGROUND Town staff has presented monthly updates to town council about ongoing planning efforts in key areas in response to the updated public health orders from Eagle County. This memo addresses several economic recovery tactics that were supported by the Vail Economic Advisory Council, the Town Manager and Economic Development Offices. These programs have been initiated to help reboot Vail’s business economy as well as support the community during these challenging times. The programming and tactics below are recommended in the context of the Town’s Manager’s Emergency Order and current Eagle County Public Health Orders. III. ECONOMIC RECOVERY TACTICS UPDATE Eagle County Public Health Orders Update An update from Eagle County Public Health notes that COVID transmission in Eagle County has picked up in the past few weeks with a significant increase in the past five days, and a two week incidence rates that have risen above the state's threshold. The Colorado Department of Public Health and Eagle County Public Health have been in discussions and the County has been asked to bring the transmission to a lower level in order to retain the local variance from state policy. An amended Public Health Order dated July 17 was released to the public with amendments that are part of a Mitigation Plan (order attached). The purpose of the plan is to July 21, 2020 - Page 110 of 148 Town of Vail Page 2 limit the impacts of concerning disease trends and retain the variance from the State Orders. The Town continues to review and adjust both operational and economic recovery tactics to comply with these orders. In addition, signage is reviewed on an ongoing basis and revisions are made when necessary in order to help relay messaging that is consistent with health orders. For more information and updates about the COVID-19 health crisis, access Eagle County’s website, www.ecemergency.org. Special Events Update The state of special events in Vail is constantly evolving. Staff has been working closely with event partners to understand and adapt to the public health orders regarding the COVID-19 response. While more events have cancelled recently, (Vail Outlier, Vail Bluegrass, Kids Adventure Games), there is a core group of event producers that are pushing forward as their events are better suited to adapt to the public health guidelines. The concerts at the Amphitheater are moving ahead with a maximum capacity of 175 per show. Movie nights, and Bravo concerts are also being held at the amphitheater. The Lower Bench venue has been setup, with the stage and PA being installed through September 6. Vail Jazz, the Vail Valley Foundation, Bravo and some other local music producers are working on plans to activate the lower bench. A new arts festival is working through their permit to host an even August 21-23 in Lionshead. Staff is also working closely with some of our Live Entertainment Venues that are restricted in their current operations to support their business. The Farmers Market is making adjustments to its operation in light of the new public health order as of July 17, 2020 and is only hosting “essential” vendors for the time being. This will include the produce and other food vendors only. The new market layout reduces the number of vendors to roughly 22 booths. This model will continue to be evaluated based on public health. Music Entertainment Activation in Villages Proposal Town staff has met to review measures that might assist select businesses with options to ensure their economic viability during the public health crisis. The prevailing business model includes those with a primary function of “live music entertainment”. This business type has been dramatically impacted under the public health orders. Some discussion has occurred when High Altitude Entertainment (owner Scott Rednor) provided a proposal for staging music entertainment throughout both villages. Several areas have been identified whereby musicians would be stationed to play ambient and acoustic music for guests walking about the villages. Several of these music entertainment stations have already occurred with productions by High Altitude Entertainment, who performed outside their Shakedown business premise. The town has received overwhelming support for continuing such entertainment activation as it helps benefit the surrounding businesses and enhances the Vail guest experience. Staff has been reviewing High Altitude Entertainment’s preliminary proposal that would include music on Thursday, Friday, and Saturday afternoons in both villages. Final details with High Altitude Entertainment are being discussed to ensure that health order compliance is met related to logistics. The Event Review Committee would review and approve such permits as allowed under the town code. It is proposed the program would be offered to those businesses who qualify for reserving village locations and with some town funding. The council is asked to consider funding the activation with seed money in the amount of $20K. The program is included in the budget supplemental ordinance during the evening meeting. This estimate may change if there is the ability to logistically program the activation to comply with the health July 21, 2020 - Page 111 of 148 Town of Vail Page 3 orders and if there are other proposals from such businesses. A final schedule will be developed prior to second reading of the ordinance. Lower Bench of Ford Park Programming Update The Town continues to work with its partners, including the Vail Valley Foundation, Bravo! Vail and Vail Jazz, to reimagine their entertainment programming and offer viable town-owned land for entertainment productions and community activations. Town staff has also met to review measures that might assist select businesses with options to ensure their economic viability during the public health crisis. The prevailing business model includes those with a primary function of “live music entertainment”. This business type has been dramatically impacted under the public health orders. Some discussion has occurred with High Altitude Entertainment (owner Scott Rednor) who provided a proposal to produce concerts at the lower bench Ford Park with the issuance of a special event permit. With public health orders in place limiting business at bars, the lower bench park venue offers bar owners an opportunity to continue their programming in an outdoor and socially distanced area. High Altitude Entertainment has requested the town help sponsor a number of shows that would occur in July, August and September. Public Health guidelines provide for a maximum number of attendees with social distancing protocols to be followed at all special events. With the recent announcement that the public health orders will be revised, including the social gathering number of 175 maximum outside, the town continues to fine-tune the logistics of events at the lower bench area. Steps to prepare the park are coming to fruition with the delivery of the stage and contracts for park use being executed. The council is asked to consider funding the music programming at the lower bench. The funding proposal at $50K would include sponsorship seed money that would assist these music productions and promoters. The program is included in the budget supplemental ordinance during the evening meeting. This estimate may change if there is interest from other local music producers who show credentials in the world of music entertainment. Please access the town’s website for the current calendar of events that depicts the music entertainment at the lower bench and the Amp: www.DiscoverVail.com/events. Commercial Rental Relief Fund Proposal A basic proposal for a new commercial rental relief program was introduced to town council on July 7. The program is based on a cost share model between tenant, landlord and the town, is intended to support our local businesses with rent payments for the period July 1 – November 30, 2020, is intended for locally owned storefront Vail businesses, and is proposed to max out at $15,000 per business. While a basic model was presented on July 7, VEAC members have provided additional considerations which require vetting prior to finalizing the details of the program. Staff is requesting an allocation of $1 million toward the rent relief program, with final details to be reported out to town council on Tuesday, August 4. A resolution adopting the program and second reading of the supplemental budget ordinance will be included on the agenda and would finalize this new economic recovery program. Future Economic Recovery Efforts Suggestions Below are some additional strategic economic recovery ideas presented by VEAC members that would help continue support to the business community in light of the continued public health crisis. Town staff are reviewing the proposals and would return at a later date with recommendations. ▪ Business Lending Program ▪ Proposal for financial assistance to help restaurant community with winter operations July 21, 2020 - Page 112 of 148 Town of Vail Page 4 ▪ Town of Vail Gift Card Program ▪ Town of Vail Communications Effort to Encourage Use of Face Coverings Financial and Budget Plan Process The Town Manager’s Office, the Finance and Economic Development Office, and all town departments continue to review a long-term strategy to help ensure Vail’s economy and financial plan is sustainable during the public health crisis and upcoming winter season. These efforts include discussions with Vail’s numerous Boards and Commissions, Vail Economic Advisory Council, Vail Local Marketing District, Commission on Special Events, and regional partners such as such as Eagle County Public Health and the regional task forces, Vail Resorts, Vail Valley Partnership, and the Vail Chamber & Business Association. The budget retreat, set for September 1 with Town Council, will be the kick off for the 2021 budget process and an opportunity to present views about the current economic state as well as a review of a number of revenue projections taking into consideration the ongoing public health crisis. The budget process will occur during the fall months with a number of presentations to the Town Council. July 21, 2020 - Page 113 of 148 Department of   Public Health &    Environment      JULY 17, 2020      AMENDED AND RESTATED STANDING PUBLIC HEALTH ORDER  PHASE 3 OF THE EAGLE COUNTY PLAN FOR SUSTAINING SOCIAL DISTANCE      This Order:    ●Amends and restates the July 3, 2020 Standing Public Health Order for Phase 3 of the  Eagle County Plan for Sustaining Social Distance.    ●Supersedes the Standing Public Health Order for Phase 2 of the Eagle County Plan for  Sustaining Social Distance dated May 25, 2020, as amended.    ●Sets forth Phase ​3 ​(“Revised Black Diamond” in the ​Transition Trail Map ) of Eagle 1 County’s protocol to continue slowing the spread of the COVID-19 virus while  promoting social and economic community health.    Pursuant to section 25-1-506 ​(2)(a)(I), Colorado Revised Statutes, t​his Amended and Restated  Order (the “Order”) is effective as of July 17, 2020 within the entirety of Eagle County,  including all towns within the County, until August 14, 2020.    The official and essential functions or training activities of health care operators, utilities,  law enforcement, fire prevention and response, emergency management and response, and  any other critical public or governmental functions that are necessary to ensure public health,  safety, and welfare are exempt from any provisions of this Order that would unreasonably  restrict or preclude the necessary activity. Such activities should include social distancing and  disease prevention measures to the extent practicable.  1 https://tinyurl.com/ECTrailMap    July 21, 2020 - Page 114 of 148       This Order is adopted pursuant to the legal authority set forth in sections 25-1-506 and  25-1-508, Colorado Revised Statutes. Under these laws, the Director of Eagle County Public  Health and Environment (“ECPHE”) has the duty to ​investigate and control the causes of  epidemic or communicable diseases and conditions affecting public health and to establish,  maintain, and enforce isolation and quarantine, and in pursuance thereof, and for this  purpose only, to exercise physical control over property and over the persons of the people  within the jurisdiction of the agency as may be necessary for the protection of the public  health. ​All persons in Eagle County, including in all towns, must follow the requirements  stated herein.    Where this Order or applicable guidance of Eagle County conflicts with an order or guidance  provided by the State of Colorado as to COVID-19, Eagle County’s Order or guidance applies.       I.BACKGROUND, PURPOSE, AND INTENT      Eagle County on May 11, 2020 requested exemptions from certain provisions of executive and  public health orders of the Governor and the Colorado Department of Health and Environment  (“CDPHE”) on the basis that Eagle County has significantly reduced transmission of COVID-19 in  the community and has adequate resources available such that Eagle County may begin relaxing  public health restrictions. On May 22, 2020, the Executive Director of CDPHE granted Eagle  County’s request to allow the County to issue orders that supersede certain provisions of the  state orders. Certain provisions in this Order, including those restated from the Phase 2 Order,  rely on the May 22 Variance.    Eagle County on June 9, 2020 requested exemptions from additional provisions of executive and  public health orders of the Governor and the Colorado Department of Health and Environment  (“CDPHE”) on the basis that Eagle County has stable transmission of COVID-19 in the community  and has adequate resources available such that Eagle County may continue relaxing public  2   July 21, 2020 - Page 115 of 148     health restrictions. On June 25, 2020, the Executive Director of CDPHE granted Eagle County’s  request subject to terms and conditions to allow the County to issue orders that superseded  certain provisions of the state orders. Certain of the provisions of this Order rely on the June 25  Variance.    Eagle County on July 3, 2020 issued the Standing Public Health Order for Phase 3 of the Eagle  County Plan for Sustaining Social Distance. Subsequently, COVID-19 incidence rates exceeded  100 cases per 100,000 and positive testing rates increased within Eagle County. The purpose of  this Order is to tailor the July 3, 2020 Order to better slow the spread of COVID-19 within the  Community and ensure Eagle County retains its variance from CDPHE’s state-level restrictions.     The changes to the restrictions in this Order, including those that increase restrictions for the  community, are incremental to prevent resurgence while allowing our community to continue  social and economic healing and recovery. Disease resurgence and management of disease  spread is evaluated on a continuous basis and shared publicly through Eagle County’s ​Weekly  Performance Indicator Dashboard . 2     II.FIVE COMMITMENTS OF CONTAINMENT      Preventing a resurgence of COVID-19 in Eagle County requires all individuals and businesses to  comply with the mandatory provisions in this Order. I​n addition, Eagle County strongly  recommends that all persons assume additional responsibility and employ the​ ​Five  Commitments of Containment to keep transmission of the illness low. These are: 3 1.I will maintain six feet of physical distance.  a.Keeping physical distance is one of the most effective prevention  measures.  b.This includes any person who is not from my household.  2 https://tinyurl.com/ECPerformanceIndicators  3 https://tinyurl.com/CommitToContain  3   July 21, 2020 - Page 116 of 148     2.I will wash my hands often.  a.Especially after visiting public settings, businesses, and before eating or  touching my face.  3.I will cover my face in public.  a.Face coverings are NOT a substitute for maintaining 6 feet of physical  distance in any public environment.  b.Face coverings are REQUIRED when entering any place of business,an  event, or public indoor environment (e.g. retail store, grocery store, post  office, library, other government buildings, theaters, etc.) as further  described in Section IV(D)2.   c.As a general rule, masks are not required in an outdoor environment  UNLESS you are in a densely populated public outdoor space, or you cannot  consistently maintain 6 feet of physical distance from non-household  members for 15 minutes or longer.  4.I will stay home when I am sick.  a.Isolating from others, including household members, will help protect them  and limit the spread.  b.Staying home also prevents the spread to co-workers, friends, or  neighbors.  5.I will get tested immediately if I have Symptoms.  a.Testing is a key strategy to help contain the virus.  b.The earlier you know, the fewer people you will spread it to.    Should resurgence of COVID-19 appear likely based on a failure to adhere to this Order or to  employ the Five Commitments of Containment, additional restrictions may be reinstated.              4   July 21, 2020 - Page 117 of 148     III.DEFINITIONS      In the sequence in which they appear in Section IV, below, and for purposes of this Order:  A.“Symptoms” are the symptoms of COVID-19 infection, and can include headache,  sore throat, fever, dry cough, inability to taste and smell, shortness of breath, ear  aches, body aches, diarrhea, fatigue, vomiting, and abdominal pain.  B.“Self-Isolate” is specific to a person with illness and means to stay at home,  maintain distance (minimum of six feet) away from other household members, do  not share a bedroom or bathroom, wear a Face Covering to cover your mouth and  nose when in common areas within the household, and do not leave the home  unless seeking medical care.  C.“Self-Quarantine” is specific to a person who does not have Symptoms but has  been exposed to someone confirmed to have COVID-19 or who is experiencing  Symptoms, and means to stay home, do not go to public places unless seeking  medical care, and avoid contact with other people until the incubation period for  COVID-19 is over, for 14 days.  D.“Group” means a gathering of up to and including the allowable number of persons  who are appropriately distanced amongst themselves and otherwise in accordance  with the requirements of this Order.  E.“Local Residents” are those persons whose primary and permanent home or  residence is in Eagle County, or those persons who, for at least 30 days at a time,  own, maintain, or live in a home or residence in Eagle County.  F.“Essential Businesses” are those businesses set forth in the ​Essential Businesses  List​. 4 G.“Face Covering” means a uniform piece of material or mask that securely covers a  person’s nose and mouth and remains affixed in place without the use of one’s  hands.      4 https://tinyurl.com/ECEssentialServices  5   July 21, 2020 - Page 118 of 148     IV.ORDER     A.Isolation and Quarantine Requirements for Symptomatic Persons and Exposures    1.Individuals experiencing Symptoms of COVID-19 must Self-Isolate as defined i​n  Section III(B), ​above​, for a minimum of ten (10) days from the start of  Symptoms AND until they are fever free for a minimum of 72 hours (without the  use of any fever-reducing medications) AND as long as Symptoms are  significantly improving. This includes people that have tested positive, people  awaiting their test results, and people who have Symptoms but have not been  tested. Individuals experiencing Symptoms should contact a ​local healthcare  provider for guidance and to schedule COVID-19 testing as quickly as possible. 5 2.Individuals with a close contact with confirmed COVID-19 disease, or a person  who has Symptoms consistent with COVID-19 but who has not been tested, will  Self-Quarantine, as defined in Section III(C), above, for 14 days at their place of  residence. A close contact is a household member, intimate partner, or  someone who has been within six feet of a person that is sick for 15 minutes or  longer. For healthcare workers and others responding to the COVID-19  pandemic, ECPHE will provide more specific guidance.    B.Limitations on Gathering Sizes for Individuals    1.No more than 10 individuals may gather together for any purpose, unless other  provision of this order provides otherwise.  2.Gatherings hosted by a business are subject to separate gathering size  provisions listed in Section III(F).  3.All gatherings are subject to the applicable ​social distancing, disease  prevention, and other requirements set forth ​in this Order and the applicable  guidance of ECPHE.  5 https://sites.google.com/eaglecounty.us/covidtestingsites  6   July 21, 2020 - Page 119 of 148     4.The number of people allowed to gather may be further limited by the space  required to ensure all required social distancing and disease prevention  measures are met, including the requirement that individuals or households be  spaced at least six feet from others.  5.No Multiple Groups​. Multiple gatherings of Groups as part of a single event are  not allowed.  a.Exception​. Multiple Groups of individuals are allowed in outdoor public  settings, such as parks, hiking trails, and other similar areas, but not as  part of a single gathering or event, as long as the area is large enough for  Groups to maintain a reasonable and safe distance of at least 20 feet.     C.Special Provisions for Non-Local Residents Visiting Eagle County    1.Any person that is not a Local Resident who travels to or visits Eagle County (a  “non-Local Resident”) must be free of any Symptoms consistent with COVID-19  before arrival.   2.If any Symptoms consistent with COVID-19 are present in the 14 days prior to  arrival in Eagle County, the non-Local Resident must not travel to Eagle County.  3.All non-Local Residents will self-screen for Symptoms each morning during their  travel within Eagle County.   4.All non-Local Residents that develop Symptoms consistent with COVID-19 during  their travel within Eagle County will:  a.Adhere to Self-Isolation requirements in Section (IV)(A)(1) above, even if  this prolongs their stay in Eagle County at the traveler’s expense.  b.Contact a ​local healthcare provider for guidance and to schedule COVID-19 6 testing as quickly as possible.  5.All non-Local Residents that have been exposed to someone with Symptoms  consistent with COVID-19 during their travel will:  6 https://sites.google.com/eaglecounty.us/covidtestingsites  7   July 21, 2020 - Page 120 of 148     a.Adhere to the Self-Quarantine requirements in Section (IV)(A)(2) above,  even if this prolongs their stay in Eagle County and at the traveler’s  expense.  b.If Symptoms consistent with COVID-19 develop during the quarantine  period, the traveler must follow the requirements outlined in Section  (IV)(C)(4), above.    D.Social Distancing and Disease Prevention Requirements for Individuals     1.General Requirements​. To reduce the risk of disease transmission, all  individuals must:  a.Maintain at least a six-foot distance from other individuals.   b.Avoid unnecessary physical contact (including hugs, handshakes, or fist  bumps), unless the contact is with another household member.   c.Wash hands with soap and water for at least twenty seconds as frequently  as possible or use hand sanitizer.  d.The requirements in this Section IV(D)(1) do not apply to interactions  among members of the same household.   2.Face Coverings Required​. Individuals are required to wear Face 7 Coverings that cover the nose and mouth, subject to the following:  a.Indoor spaces: Individuals must wear Face Coverings when entering and  inside any place of business, indoor event, or public indoor environment,  such as a retail store, grocery store, post office, library, government  building, theater, and the like.  b.Outdoor spaces: Face Coverings are not required when in public outdoor  spaces unless six feet of physical distance from non-household members  cannot be maintained over a period of 15 minutes or longer, OR while using  or waiting to use the services of any taxi, bus, train, car service,  ride-sharing, or similar service.   7If a client refuses to comply with the expectations of this public health order and refuses to vacate the  premises, businesses may call law enforcement to enforce trespassing and/or public health violations.  8   July 21, 2020 - Page 121 of 148     c.Wearing a Face Covering does not replace the requirement to maintain the  minimum physical distance from non-household members.  d.Exceptions - Face Coverings are not required:  i.For persons under two years of age.  ii.For individuals who are hearing impaired or otherwise disabled or  who are communicating with someone who is hearing impaired or  otherwise disabled and where the ability to see the mouth is  essential to communication.  iii.For child care centers or summer camps where ECPHE Industry  Specific Guidance provides otherwise.   iv.When seated for dining or consumption within a restaurant or bar.  v.Where wearing a Face Covering would inhibit an individual’s health  due to an existing health condition.  vi.When receiving personal or health services that require access to the  mouth or nose, including but not limited to dentistry or dermatology.   vii.When an individual is exercising alone or with others from their  household and a face covering would interfere with the activity.   viii.Within an indoor workplace setting when the general public is not  present AND persons can maintain at least 6 feet of physical distance  from other people at all times.  3.Staying at Home Encouraged​. Individuals at greater risk of severe disease from  COVID-19 are safer at home. This includes individuals who are 65 years of age  or older or have chronic lung disease, moderate to severe asthma, serious  heart conditions, are immunocompromised, are pregnant, or are otherwise  considered at high risk by a licensed healthcare provider. When appropriate,  these individuals should take extra precautions when leaving their homes:  a.Maintain 6-8 feet of distance from other individuals.  b Wear Face Coverings while in public.  c.Avoid settings with larger numbers of people and keep prolonged    interaction with the general public to a minimum.  d.Limit gatherings and meet outside when possible.  9   July 21, 2020 - Page 122 of 148     e.Contact their healthcare provider immediately upon onset of Symptoms.  4.Compliance with Investigations Required​. Individuals must comply with ECPHE’s  case and outbreak investigations, including, without limitation, providing  names and contact information for other persons that have COVID-19 or were a  close contact of someone with COVID-19, or any other information necessary  for ECPHE to investigate and control the spread of COVID-19.  5.Individuals Subject to Additional Rules of Businesses​. Individuals must adhere to  any reasonable, additional social distance or disease prevention requirements  imposed by businesses as a condition of entering their premises or attending  gatherings they organize.    E.Services and Businesses that Must Remain Closed    1.The following businesses or facilities must remain ​closed​ while this Order is in  place:  a.Saunas and steam rooms.  b.Any business or recreational facility that cannot meet the limitations in  this Order as to the number of employees, customers, guests, and  attendees; cannot meet the social distancing and disease prevention  requirements as set forth in this Order; or cannot control the interactions  between people to ensure they meet the requirements of this Order.    F.Provisions Applicable to All Open Businesses    1.Businesses Responsible for Gatherings They Host​. A business hosting a gathering  or event is responsible for ensuring compliance with all applicable social  distancing, disease prevention, and other require​ments of this Order, including  those in Sections IV(F) through (H). 8 2.Limitations on Gatherings Hosted by a Business.  8 As a practical matter, a representative of the business may need to be present at the gathering at all times to  ensure compliance with this Order. Please consult ECPHE’s Industry-Specific Guidance from the links in Section  IV(F)(5) of this Order for more information.  10   July 21, 2020 - Page 123 of 148     a.Indoor gatherings hosted by a business must not exceed 100 customers,  attendees, or guests, unless an exception applies.  b.Outdoor gatherings hosted by a business must not exceed 175 customers,  attendees or guests, unless an exception applies.  d.The number of people attending a gathering may be further limited by the  space required to ensure all required social distancing and disease  prevention measures are met, including the requirement that individuals or  households be spaced at least six feet from others.  e.A minimum of 28 square feet per person must be maintained.  f.No Multiple Groups​. Multiple gatherings of Groups at a single event hosted  by a business are not allowed.  3.Exceptions to Gathering Sizes​.  a.Essential Businesses are not limited to the number of customers,  attendees, or guests set forth in Section IV(F)(1)(a) or (b). Rather,  gatherings at Essential Businesses are limited by the space required to  ensure all required social distancing and disease prevention measures in  this Order are met, including the spacing requirements set forth in Section  IV(F)(1)(c) and (d), above.  b.For businesses not open to the public and that will not serve customers in  person, the number of employees in a location may exceed the limits on  gatherings set forth in this Order where additional employees are  necessary to conduct business operations. Rather, a minimum six-foot  distance must be maintained between employees and all other applicable  social distancing and disease prevention requirements of this Order must  be met.  c.For all other businesses, the applicable Industry-Specific Guidance of  ECPHE may further limit the number of customers, guests, or attendees  that may gather at an event hosted by a business.        11   July 21, 2020 - Page 124 of 148     4.General Provisions.  a.Unless listed in Section IV(E) of this Order, businesses and facilities in  Eagle County may remain open or reopen, provided they meet all  applicable requirements in this Order. 9 b.All open businesses must report to ECPHE at (970) 235-0187 or  diseaseprevention@eaglecounty.us​ any suspected or confirmed clusters of  illnesses among employees where Symptoms are consistent with COVID-19,  as defined in Section III(A), above.   c.All open businesses must comply with case and outbreak investigations,  including but not limited to providing names and contact information for  employees, customers, or guests that have COVID-19, were a close contact  to someone with COVID-19 or otherwise requested by ECPHE to​ investigate  and control the spread of COVID-19​.   d.All open businesses and facilities must create a ​Social Distancing Protocol  10 that addresses how the business will comply with the Industry-Specific  Guidance and social distancing and disease prevention requirements set  forth in Sections IV(G) and (H), below.  e.All open businesses that take reservations from or otherwise serve  non-Local Residents (including hotels, short term rentals, other lodging,  outdoor recreational guides, and the like) must inform the non-Local  Resident customers, guests, or attendees about the restrictions in this  Order, including by:  i.Providing all guests with information about the ​Five Commitments of  Containment . 11 ii.Explaining the Special Provisions for Visitors in Section ​IV(D),​ above.  iii.Providing notice of the Special Provisions for Visitors to non-Local  guests in advance of their visit to Eagle County ​where possible to do  so.  9 Bars in Eagle County are allowed to reopen or remain open, and are exempt from amended paragraph II.F.7  that closes bars in ​Colorado Executive Order D 2020 123​, ​available at​ ​https://tinyurl.com/D-2020-123.  10 https://tinyurl.com/ECSocialDistancingProtocols  11 https://tinyurl.com/CommitToContain  12   July 21, 2020 - Page 125 of 148     f.Employers are strongly encouraged to allow employees to work remotely  where possible, and to adopt policies for paid sick leave if the employee is  lab-confirmed with COVID-19.  5.Industry-Specific Guidance​. a.The following businesses or services must comply with ​additional ECPHE  Industry Specific Guidance , which may provide clarification on certain 12 aspects of social distancing or other requirements in this Order:  i.Restaurants and Bars  13 ii.Personal Services  14 iii.Public Restrooms  15 iv.Preventative Medical Services  16 v.Lodging  17 vi.Pools and Spas  18 vii.Summer Camps  19 viii.Indoor and Outdoor Events  20 ix.Places of Worship  21 6.Statewide Guidance.   a.Businesses licensed and regulated by the State of Colorado must comply  with the applicable rules, regulations, and guidance of the appropriate  licensing agency.  b.Additional guidance for businesses may be found at the State of Colorado’s  COVID-19 website. Where the applicable guidance of Eagle County 22 conflicts with an Order or guidance provided by the State of Colorado as to  12 https://tinyurl.com/ECBusinessToolkit  13 https://tinyurl.com/ECRestaurants  14 https://tinyurl.com/ECPersonalServices  15 https://tinyurl.com/ECRestrooms  16 https://tinyurl.com/ECMedicalCare  17 https://tinyurl.com/ECLodging  18 https://tinyurl.com/ECPoolsSpas  19 https://tinyurl.com/ECCamps  20 ​https://tinyurl.com/ECEventPlanning  21 https://tinyurl.com/ECPlacesOfWorship  22 https://covid19.colorado.gov/safer-at-home  13   July 21, 2020 - Page 126 of 148     the COVID-19 pandemic, Eagle County’s Order or guidance applies​ unless  otherwise indicated.  5.Additional ​Employer Responsibilities​.  a.Employers do not need to and should not require negative test results or a  medical release for anyone that has completed the Self-Isolation  requirements in Section (IV)(A)(1), above, or the Self-Quarantine  requirements in Section (IV)(A)(2), above, each as applicable.  b.Employers should not recommend testing for other employees without  consultation with ECPHE, or otherwise require a negative test result as a  condition of employment.    G.Social Distancing Protocol for Disease Prevention Required for All Open  Businesses and Services    1.All employers or facility operators must prepare and implement a “Social  Distancing Protocol” for each of their open facilities or operational locations in  Eagle County within three business days of the issuance of this Order. The  Social Distancing Protocol must address the social distancing and disease 23 prevention requirements in Sectio​n IV(H), below.  2.The Social Distancing Protocol must be provided to each employee performing  work at the facility within five business days of this Order. Businesses are ​not  required to provide a copy of the Social Distancing Protocol to Eagle County  unless specifically requested​.  3.Upon demand by ECPHE or any authority forcing this Order, all employers or  facility operators must provide the Social Distancing Protocol, evidence of its  implementation, and any other information the Director of ECPHE deems  relevant to the issue of compliance with this Order.        23 ​https://tinyurl.com/ECSocialDistancingProtocols  14   July 21, 2020 - Page 127 of 148     H.Additional Social Distancing and Disease Prevention Requirements for All Open  Businesses and Services    1.All open businesses must employ, at a minimum, the social distancing and  disease prevention requirements that apply to all employees, customers,  attendees and guests in Section IV(H)(​4)​, unless this Order or applicable  guidance referenced in this Order provides otherwise. Businesses that fail to  strictly comply with this Order are not allowed to operate and may be subject  to immediate closure by Eagle County Public Health.  2.Businesses may impose additional, reasonable social distancing and COVID-19  disease prevention measures as a requirement for employees, customers,  guests, or attendees to enter or participate in their businesses or facilities.  Businesses may deny entry to or otherwise refuse to serve individuals who  refuse to comply with such additional requirements, subject to federal and  state laws.  3.Employers are encouraged to make safer accommodations, including tele-work,  where possible for employees at greater risk of severe disease from COVID-19  (aged 65 years or older or have chronic lung disease, moderate to severe  asthma, serious heart conditions, are immunocompromised, are pregnant, or  are otherwise considered at high risk by a licensed healthcare provider).  4.Businesses must implement the following social-distancing and disease  prevention measures:  a.Employees must be screened for COVID-19 Symptoms each day and  excluded if symptomatic as described in the self-isolation requirements in  Section IV(A)(1).  b.Employers must ensure that employees, customers, attendees and guests  can easily maintain a minimum six-foot distance from each other.  Achieving adequate social distance may require limiting the number of  persons who can enter or participate in a business or facility at any one  time.  15   July 21, 2020 - Page 128 of 148     i.Persons may be within six feet for momentary circumstances to  accept payment, deliver goods, walk past, or perform otherwise  necessary tasks.   ii.Persons may be within six feet where the nature of the business  makes closer proximity to a person necessary, such as in the  provision of personal services.  iii.Household members do not need to maintain six feet of distance  amongst themselves, but still must maintain the required distance  from others.  c.Face Coverings Required​. Employers must ensure that employees, 24 customers, guests, and attendees wear Face Coverings that cover the nose  and mouth, subject to the following:  i.Indoor spaces: Individuals must wear Face Coverings when entering  and inside any place of business, indoor event, or public indoor  environment, such as a retail store, grocery store, post office,  library, government buildings, theaters, and the like.  ii.Outdoor spaces: Face Coverings are not required when in public  outdoor spaces unless six feet of physical distance from  non-household members cannot be maintained over a period of 15  minutes or longer OR while using or waiting to use the services of any  taxi, bus, train, car service, ride-sharing, or similar service.   iii.Wearing a Face Covering does not replace the requirement to  maintain the minimum physical distance from non-household  members.  d.Exceptions​.Face Coverings are not required:  ix.For persons under two years of age.  x.For individuals who are hearing impaired or otherwise disabled or  who are communicating with someone who is hearing impaired or  24 If a client refuses to comply with the expectations of this public health order and refuses to vacate the  premises, businesses may call law enforcement to enforce trespassing and/or public health violations.  16   July 21, 2020 - Page 129 of 148     otherwise disabled and where the ability to see the mouth is  essential to communication.  xi.For child care centers or summer camps where ECPHE Industry  Specific Guidance provides otherwise.   xii.When seated for dining or consumption within a restaurant or bar.  xiii.Where wearing a Face Covering would inhibit an individual’s health  due to an existing health condition.  xiv.When receiving personal or health services that require access to the  mouth or nose, including but not limited to dentistry or dermatology.   xv.When an individual is exercising alone or with others from their  household and a face covering would interfere with the activity.   xvi.Within an indoor workplace setting when the general public is not  present AND persons can maintain at least 6 feet of physical distance  from other people at all times.  e.Employers must ensure that employees comply with ​CDPHE Public Health  Order 20-31​, if applicable, related to the use of gloves. 25 f.Where lines may form at a facility, six-foot increments at a minimum must  be marked on the ground or floor establishing where individuals should  stand to maintain adequate social distance.  g.Signs at the entrance of a facility must be posted informing all employees 26 and customers that they should: avoid entering the facility if they have a  cough or fever; maintain a minimum six-foot distance from one another;  wear a face covering while in indoor public spaces; sneeze and cough into  one's elbow or a tissue when a face covering is not in place; and not shake  hands or engage in any unnecessary physical contact.  h.Hand sanitizer, soap and water, or effective disinfectant must  be made available at or near the entrance of the facility and in other  appropriate areas for use by customers, attendees, guests, the public, and  25 ​https://tinyurl.com/CDPHEOrder20-31  26 The sign template is available here: https://tinyurl.com/ECSignForBusiness  17   July 21, 2020 - Page 130 of 148     employees, and in locations where there is high-frequency employee  interaction with members of the public (e.g. cashiers).  i.Contactless payment systems should be provided, or, if not feasible to do  so, all payment portals, pens, and styluses must be disinfected after each  use.  j.Other high-touch surfaces should be regularly disinfected and  environmental cleaning guidelines from the US Centers for Disease Control  and Prevention (CDC) must be followed (e.g., clean and disinfect high  touch surfaces daily or more frequently).  k.Vehicles, other than those used for public transit or emergency response,  that transport multiple employees of a business or its guests or attendees  are a higher-risk environment. To reduce the risks of COVID-19 exposure,  the following requirements apply:  i.In addition to employees, guests and attendees must be screened  for COVID-19 Symptoms each day and be excluded if symptomatic,  as described in the self-isolation requirements in Section IV(A)(1).  ii.Employees, guests, and attendees must use hand sanitizer upon  entering the vehicle and must wear a Face Covering when in  vehicles with more than one person.  iii.The number of passengers must be limited to 50% of a vehicle’s  occupancy to increase the distance between passengers to the  largest extent possible.  iv.Windows must remain open and/or ventilation must be increased.  v.Vehicles must have high-touch surfaces disinfected daily.    V.GENERAL INFORMATION FOR ALL PERSONS AFFECTED BY THIS ORDER    ECPHE is tasked with protecting the health and welfare of the citizens of Eagle County,  Colorado by investigating and controlling the causes of epidemic and communicable disease.  This Order is necessary to control any potential transmission of disease to others. ​See ​section  25-1-508, Colorado Revised Statutes. Immediate issuance of this Order is necessary for the  18   July 21, 2020 - Page 131 of 148     preservation of public health, safety, or welfare.  Any person aggrieved and affected by this Order has the right to request judicial review by  filing an action with the Eagle County District Court within 90 days of the date of this Order,  pursuant to section 25-1-515, Colorado Revised Statutes. However, you must continue to obey  the terms of this Order while your request for review is pending.  FAILURE TO COMPLY WITH THIS ORDER IS SUBJECT TO THE PENALTIES CONTAINED IN  SECTIONS 25-1-516 AND 18-1.3-501, COLORADO REVISED STATUTES, INCLUDING A FINE OF  UP TO FIVE THOUSAND (5,000) DOLLARS AND IMPRISONMENT IN THE COUNTY JAIL FOR UP  TO EIGHTEEN MONTHS. EAGLE COUNTY PUBLIC HEALTH AND ENVIRONMENT ALSO RESERVES  THE RIGHT TO SEEK ANY OTHER REMEDIES AVAILABLE BY LAW.    Heath Harmon  Public Health & Environment Director        19   July 21, 2020 - Page 132 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: D R B / P E C Update P RE S E NT E R(S ): J onathan S pence, Planning Manager AT TAC H ME N TS: Description July 1, 2020 D R B Meeting Results July 13, 2020 P E C Meeting Results July 21, 2020 - Page 133 of 148 D E S IG N R E V IE W B O AR D July 1, 2020, 3:00 P M Town Council Chambers & Virtual 75 S. Frontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_HdL0cvhuQZO2E M_tGY3SeA After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: J ohn Rediker, Kit Austin, Doug Cahill, Peter Cope Absent: None 2.Main Agenda 2.1.D R B20-0129 - Chase Bank The applicant has requested this item be tabled to the J uly 15, 2020 D RB Meeting. Final review of exterior alteration (ATM & Enclosure) Address/Legal Description: 1 W illow Bridge Road/Lot 2, Sonnenalp Subdivision Applicant: Chase Bank, represented by A P MI I nc. Planner: Greg Roy J ohn Rediker moved to table to J uly 15, 2020. Peter Cope seconded the motion and it passed (4-0). 2.2.D R B20-0137 - Spilled W ine Too LL C The applicant has requested this item be tabled to the J uly 15, 2020 D RB Meeting. Final review of an exterior alteration (hot tub/pool/patio) Address/Legal Description: 182 W est Meadow Drive/Lot 5E, Vail Village Filing 2 Applicant: Spilled W ine Too L L C, represented by Mark Odom Studio Planner: Greg Roy J ohn Rediker moved to table to J uly 15, 2020. Peter Cope seconded the motion and it passed (4-0). 2.3.D R B20-0204 - Bernstein Residence July 21, 2020 - Page 134 of 148 Final review of exterior alteration (entry/roof/decks/windows/doors) Address/Legal Description: 82 West Meadow Drive B / Lot 1, Vail Village Filing 2 Applicant: J onathan Bernstein, represented by K H W ebb Architects Planner: J onathan Spence 1. Prior to building permit submittal, the applicant shall amend the plans to reduce the three windows to two on the west elevation, remove the transom windows from the southern elevation while raising the height of the doors and enlarge the entry posts on the north elevation to be consistent with the columns on the west side of the entryway. Peter Cope moved to approve with conditions. Kit Austin seconded the motion and it passed (4-0). 2.4.D R B20-0213 - Dikeou & 2401 Blake LL C Residences Final review of an exterior alteration (sky bridge) Address/Legal Description: 352 Beaver Dam Circle/Lot 5, Block 3, Vail Village Filing 3 Applicant: Panayes Dikeou & 2401 Blake L L C, represented by A H Architecture P C Planner: J onathan Spence J ohn Rediker moved to approve. Kit Austin seconded the motion and it passed (4-0). 2.5.D R B20-0233 - Olch Residence Final review of an exterior alteration (windows) Address/Legal Description: 548 South Frontage Road West Unit 401/First Westwind Applicant: Lee & Marsha Olch Planner: Greg Roy J ohn Rediker moved to table to J uly 15, 2020. Kit Austin seconded the motion and it passed (4-0). 2.6.D R B20-0227 - Mill Creek Court Condos Final review of an exterior alteration (repaint) Address/Legal Description: 302 Gore Creek Drive/Lot I , Block 5A, Vail Village Filing 1 Applicant: Mill Creek Court Condos, represented by Montage Properties Planner: Greg Roy Kit Austin moved to approve. J ohn Rediker seconded the motion and it passed (4-0). 2.7.D R B20-0252 - Mill Creek Court Condos Final review of an exterior alteration (gutters/awnings) Address/Legal Description: 302 Gore Creek Drive/Lot I , Block 5A, Vail Village Filing 5 July 21, 2020 - Page 135 of 148 Applicant: Mill Creek Court Condos, represented by Montage Properties Planner: Greg Roy 1. Prior to commencing work, the applicant shall choose between the J ockey Red or the Dubonnet Tweed color to utilize on the awnings. J ohn Rediker moved to approve with conditions. Kit Austin seconded the motion and it passed (4-0). 3.Staff Approvals 3.1.B20-0192 - Smith Residence Final review of an exterior alteration (reroof) Address/Legal Description: 2662 Cortina Lane/Lot 7, Block B, Vail Ridge Subdivision Applicant: Geoffrey & Linda Smith, represented by Plath Construction, I nc. Planner: Erik Gates 3.2.B20-0202 - N E C E LL C Final review of an exterior alteration (windows) Address/Legal Description: 2399 Chamonix Lane/Lot 18, Block A, Vail Das Schone Filing 1 Applicant: NE C E L L C Planner: J onathan Spence 3.3.B20-0211 - Stitgen Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1750 Lion's Ridge Loop/Lot 17, Dauphinais- Moseley Subdivision Filing 1 Applicant: J effrey & Gail Stitgen, represented by Horn Brothers Roofing Planner: J onathan Spence 3.4.B20-0212 - Caulkins Residence Final review of an exterior alteration (reroof) Address/Legal Description: 3010 Booth Creek Drive/Lot 4, Block 3, Vail Village Filing 11 Applicant: David Caulkins, represented by Added Value Service LLC Planner: J onathan Spence 3.5.B20-0216 - 1245 Westhaven/B D B Holdings Residences Final review of an exterior alteration (reroof) Address/Legal Description: 1245 Westhaven Circle/Lot 36, Glen Lyon Subdivision Applicant: 1245 W esthaven LLC & B D B Holdings LTD, represented by Plath Construction I nc. Planner: J onathan Spence 3.6.B20-0219 - Steane Residence Final review of an exterior alteration (reroof) July 21, 2020 - Page 136 of 148 Address/Legal Description: 1864 Glacier Court Unit B/Lot 26, Block 2, Lion's Ridge Subdivision Filing 3 Applicant: Marilyn & J ames Steane, represented by Barefoot Construction Planner: J onathan Spence 3.7.D R B19-0449.001 - Allie's Cabin LL C Final review of a change to approved plans (reduced scope) Address/Legal Description: 1170 Casolar Del Norte Drive Unit B/Lot 8, Casolar Vail Applicant: Allie's Cabin LLC, represented by Camens Architectural Group Planner: J onathan Spence 3.8.D R B19-0696 - Vail Jewelers Final review of sign application (blade sign) Address/Legal Description: 166 Gore Creek Drive, unit 140 / Lot 1, Lodge Apt Condo Applicant: Yellowstone Capital LLC, represented by Sign Design Planner: J onathan Spence 3.9.D R B20-0205 - Lindsay Residence Final review of a tree removal Address/Legal Description: 3907 Lupine Drive/Lot 3, Block 1, Bighorn Subdivision 1st Addition Applicant: Theresa Lindsay, represented by Vail Snow & I ce Planner: Greg Roy 3.10.D R B20-0215 - Escape Room Vail Final review of a sign Address/Legal Description: 2111 North Frontage Road West Unit C1/Vail Das Schone Condominiums Applicant: West Vail Associates LTD, represented by Sign Design & Awning Planner: Erik Gates 3.11.D R B20-0217 - Cullman Residence Final review of an exterior alteration (reroof) Address/Legal Description: 2480 Bald Mountain Road/Lot 18, Block 2, Vail Village Filing 13 Applicant: Mia Cullman, represented by RA Nelson Planner: J onathan Spence 3.12.D R B20-0218 - Ouimette Residence Final review of an exterior alteration (repaint) Address/Legal Description: 1850 South Frontage Road W est Unit 5/Alpine Creek Townhouses Applicant: Robin Ouimette Planner: Erik Gates 3.13.D R B20-0219 - Vail International July 21, 2020 - Page 137 of 148 Final review of a tree removal Address/Legal Description: 300 East Lionshead Circle, Lot 4, block 1, Vail Lionshead Filing 2 Applicant: Vail I nternational, represented by Colorado Tree Services, I nc. Planner: Greg Roy 3.14.D R B20-0220 - Beaver Dam S.A. de C.V. Final review of a tree removal Address/Legal Description: 330 Beaver Dam Circle Unit A/Lot 6, Block 3, Vail Village Filing 3 Applicant: Beaver Dam S.A. de C.V., represented by Colorado Tree Services, I nc. Planner: Greg Roy 3.15.D R B20-0221 - Tammy L LC Final review of an exterior alteration (windows/deck) Address/Legal Description: 1738 Golf Lane Unit R65/Area A, Sunburst at Vail Applicant: Tammy LLC, represented by J MP Architects Planner: J onathan Spence 3.16.D R B20-0222 - Mengin Residence Final review of exterior alteration (doors) Address/Legal Description: 4081 Bighorn Road Unit 14J / Pitkin Creek Park Phase I I I Applicant: Olga Mengin, represented by W L M Building and Home Services Planner: J onathan Spence 3.17.D R B20-0223 - Brandess Enterprises Final review of exterior alteration (repaint) Address/Legal Description: 2077 North Frontage Road West Unit 39 / Buffehr Creek Resub Applicant: Brandess Enterprises, represented by Mc Neill Property Management Planner: J onathan Spence 3.18.D R B19-0370.001 - Valley Condos Final review of a change to approved plans (pool/deck) Address/Legal Description: 1616 Buffehr Creek Road/Parcel A, Lion's Ridge Subdivision Filing 2 Applicant: Valley Condos Planner: J onathan Spence 3.19.D R B20-0224 - Farhart Residence Final review of exterior alteration (deck & hot tub) Address/Legal Description: 4415 Bighorn Road Unit 1 / Lot 2, Block 3 Bighorn Subdivision 3rd Addition Applicant: Ray Farhart, represented by L K S M Design P C July 21, 2020 - Page 138 of 148 Planner: Greg Roy 3.20.D R B20-0225 - Timber Falls Condominiums Final review of an exterior alteration (reroof) Address/Legal Description: 4516 Meadow Drive/Timber Falls Condominiums Applicant: Timber Falls Condominiums, represented by Mountain Valley Property Management Planner: J onathan Spence 3.21.D R B20-0226 - Covered Bridge Condominiums Final review of an exterior alteration (rooftop unit/partition wall) Address/Legal Description: 227 Bridge Street/Lot B-D, Block 5B, Vail Village Filing 1 Applicant: Bridge Street Condominiums, represented by Shepherd Resources I nc. A I A Planner: Erik Gates 3.22.D R B20-0228 - Vail 967 LL C Final review of an exterior alteration (hot tub/fire pit/patio) Address/Legal Description: 967 Vail Valley Drive/Tract C, Vail Village Filing 7 Applicant: Vail 967 LLC, represented by Ceres+ Planner: Erik Gates 3.23.D R B20-0229 - Millrace Condos Final review of a tree removal Address/Legal Description: 1360 Westhaven Drive/Cascade Village - Millrace Condominiums Applicant: Millrace Condominiums, represented by Vail Residences at Cascade Village Planner: J onathan Spence 3.24.D R B20-0230 - Coldstream Condos Final review of a tree removal Address/Legal Description: 1476 Westhaven Drive/Lot 53, Glen Lyon Subdivision Applicant: Coldstream Condominiums, represented by Vail Residences at Cascade Village Planner: J onathan Spence 3.25.D R B20-0231 - Ranch Dog L LC Final review of an exterior alteration (chimney cap) Address/Legal Description: 2609 Davos Trail/Lot 22, Block B, Vail Ridge Subdivision Applicant: Ranch Dog LLC, represented by AW I Custom Construction Company Planner: J onathan Spence 3.26.D R B20-0234 - Vail Racquet Club Final review of an exterior alteration (fireplace vents) July 21, 2020 - Page 139 of 148 Address/Legal Description: 4690 Vail Racquet Club Drive/Vail Racquet Club Condominiums Applicant: Vail Racquet Club Planner: J onathan Spence 3.27.D R B19-0492.001 - Corboy Residence Final review of change to approved plans (driveway) Address/Legal Description: 1460 Greehill Court A / Glen Lyon Subdivision Applicant: Philip Corboy, represented by RA Nelson Planner: Erik Gates 3.28.D R B20-0236 - Stone Residence Final review of tree removal Address/Legal Description: 4542 Streamside Circle East, Unit B / Lot 16, Bighorn Subdivision 4th Addition Applicant: Michael Stone, represented by Ceres Landcare Planner: J onathan Spence 3.29.D R B20-0237 - Reser Residence Final review of tree removal Address/Legal Description: 4445 Glen Falls Lane / Forest Glen Subdivision Applicant: Marty Reser, represented by Ceres Landcare Planner: J onathan Spence 3.30.D R B20-0068.001 - Monnins Residence Final review of a change to approved plans (exterior stairs) Address/Legal Description: 424 Forest Road/Lot 4, Block 1, Vail Village Filing 3 Applicant: Monnins Gift Trust, represented by J udge and Associates I nc. Planner: J onathan Spence 3.31.D R B20-0238 - Diamond Assets Residence Final review of tree removal Address/Legal Description: 4316 Streamside Circle West / Lot 2 & 3, Bighorn Subdivision 4th Addition Applicant: Diamond Assets I nc, represented by Ceres Landcare Planner: J onathan Spence 3.32.D R B20-0240 - Betty Ford Alpine Gardens Final review of an exterior alteration (shade structure) Address/Legal Description: 530 South Frontage Road East/Unplatted - Ford Park Children's Park & B FA G Applicant: Betty Ford Aplpine Gardens Planner: J onathan Spence 3.33.D R B20-0257 - Moffet Residence Final review of an exterior alteration (door) Address/Legal Description: 1655 Aspen Ridge Road Unit A/Lot 5, Block 4, July 21, 2020 - Page 140 of 148 Lion's Ridge Subdivision Filing 3 Applicant: Gregory J . Moffet Revocable Trust, represented by Renewal by Andersen Planner: J onathan Spence The applic ations and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Town C ounc il Chambers. Times and order of items are approximate, subject to c hange, and cannot be relied upon to determine at what time the Design Review Board will c onsider an item. Please call 970-479-2138 for additional information. Sign language interpretation available upon request with 24-hour notification, dial 711. July 21, 2020 - Page 141 of 148 P L ANNI NG AND E NV I RO NM E NTAL C O M M I S S I O N J uly 13, 2020, 1:00 P M Town Council C hambers & Virtual 75 S. F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Attendance Present: Ludwig Kurz, Rollie Kjesbo, Brian Gillette, Karen Perez Absent: J ohn-Ryan Lockman, Pete Seibert, Henry Pratt 1.2.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_E Tc ZHgnL S_6jd9wJ gxfQqA After registering, you will receive a confirmation email containing information about joining the webinar. 2.Main Agenda 2.1.A request for the review of a variance from Section 12-6D-8, Density Control, Vail Town Code, to allow for a variance to the requirement that a secondary unit in the Two-Family Primary/Secondary Residential zone district not exceed 40% of allowable site GRFA, in accordance with the provisions of Section 12-17, Variances, Vail Town Code, located at 775 Potato Patch Drive/Lot 19, Block 1, Vail Potato Patch Filing 1, and setting forth details in regard thereto. (P E C19-0050) 20 min. Applicant:Scott Ryan & Foster Gillett, represented by Mauriello Planning Group Planner:Erik Gates Planner Gates gives a presentation on the application, going over the variance requested, the previous meeting when this application was heard, and the staff recommendation. Kjesbo asks about the original development of the home when it comes to which was the primary or secondary unit. Gates responded affirmatively that the East unit was the primary when developed. Gillette asks for clarification on GRFA and how it is being divided between the units. Asks for some history of the changes in the code that led to the current situation. Gates responds with some of the history and how it affected the home in question. Perez adds that a full understanding of the inequity is needed. Dominic Mauriello, the applicant representative, goes over a presentation on July 21, 2020 - Page 142 of 148 the application. Gillette asks as to whether the property is double dipping by getting this variance. Maruiello says that the lot would not be double dipping, simply asking for the currently allowed amount of GRFA to be used by either side. Perez summarizes that this would be taking away the primary/secondary part of this zoning. Mauriello explains that this would not be a special privilege because what is there today is an unintended consequence of that amendment. Kjesbo asks if the west unit got the deduction for the basement. Mauriello says that yes, it is the lower basement, so it got the deduction. Because of this it got less GRFA and added to the inequity. Kjesbo says the basement issue for duplexes was originally thought about in the 2004 code, and nothing was different when this section was clarified in 2016. Gillette says he is having a hard time finding the inequity in the current situation. Mauriello brings the conversation back to the intent of the 2004 change. Gillette says that they already took advantage of the pre code change credits. Creating nonconformities happens and the other side got more GRFA than they would have otherwise would have been allowed. Perez says the whole point was to have consistency and you are asking us to not have consistency. I f we do this for one based on this situation then we’d have to do it for everyone. Gillette says that the 2016 basement clarification was always enforced and that the clarification was solidified at that point. Mauriello restates his argument that one of the units got shorted out of GRFA with the change when it was approved. Gillette says the original intent of the 40/60 was to have the smaller side be a caretaker unit and not a smaller side of the duplex. No public comment at this time. Ludwig closes the public comment. No final comments from staff or applicant. Final discussion from commissioners: Gillette asks for clarity from staff on recommendation. Gates responds that it was based on loss of any development potential as a direct result of code change, but believes that P E C is valid in their viewpoint of preserving the 60/40 split. Gillette asks for clarification on if double dipping or not. July 21, 2020 - Page 143 of 148 Gates said it does not seem like double dipping, there is development left. They would not be getting anything additional. Rollie Kjesbo moved to deny. Karen Perez seconded the motion and it passed (4-0). Absent:(3)Lockman, Pratt, Seibert 2.2.A request for a recommendation to the Vail Town Council for a prescribed regulation amendment pursuant to Section 12-3-7 Amendment, Vail Town Code to amend Section 12-10 Off Street Parking and Loading, Vail Town Code, to refine the appropriate sections to allow for a comprehensive approach to meeting the minimum parking requirements, including clarifying the review process and other considerations, and setting forth details in regard thereto. (P E C20-0007) 90 min. Applicant:Braun Associates, I nc. Planner:Greg Roy Planner Roy began by describing how this amendment was brought up in the first place. I n the last meeting a few options were discussed for parking solutions for developments with additions that cannot add new parking. The first time this issue was brought up, the P E C recommended a more comprehensive approach to fixing parking standards. The current proposed changes include: increasing the distance that would qualify for off-site parking, combine the pay-in-lieu parking zone with the core parking area map, expand what the current parking fund can be used for, and create a secondary pay-in-lieu zone that would focus on zones with more of a mix of vehicular and pedestrian access. Tom Braun spoke about the previous meetings related to this parking issue which was to provide and outlet for properties in Lionshead and vail village that are outside the defined pay-in-lieu parking area. Braun then showed the current pay-in-lieu map. Properties within the pay-in-lieu zones can only pay into this fee to provide for their parking. Trying to find some relief for properties that also cannot build more parking for additions but are not within this defined zone. Braun then identified additional properties that could be a part of the pay-in-lieu based on their adjacency to pedestrian only areas. Braun described this as the foundation for the current code changes. Current code allows any property outside the pay-in-lieu zone to apply for the pay-in-lieu option to the P E C. Felt this is problematic and too broad. Braun then showed a map of the proposed secondary pay-in-lieu zone, which would be a zone allowed to ask the P E C to use the pay-in-lieu fund. Braun then listed some parameters for this request. Additions to existing properties should be considered for the pay-in-lieu. Demo/rebuilds should have access to provide new parking so they would not qualify. This should not be used as a way to eliminate existing parking to provide more development area. Applicants for this secondary district must provide evidence for the need to utilize the pay-in-lieu. This proposal also would allow the pay-in-lieu funds to be used for multi- modal transportation improvements. Currently commercial uses in the pay-in-lieu zone are not required to provide parking or funds. This proposal would define lodge rooms as commercial uses. I f the town would waive the fee for restaurants and other commercial uses, why would it not waive it for lodging as well? Braun discussed a study of uses in this zone and their would-be parking July 21, 2020 - Page 144 of 148 requirements. Found that the town provided parking that would be utilized by these uses only accounts for about 40% of the available public parking. Most of the parking issue within the town is from day-trippers to the town. I n addressing concerns related these changes overcrowding existing parking structures, Braun stated that most projects within the core area have been additions. These have been very small additions and are unlikely to result in a large influx of parking need. I n addressing why lodges should be considered exempt, Braun stated that again the additions historically and in the future, based on current build out, are very small. Commissioner Gillette: Asked if the town had seen any benefit from exempting retail and restaurants. Braun: Thinks that the town has seen benefit from this incentive. I n discussing the load on the parking garages, thought the impact would be small and that the Town should be prioritizing those who are spending an extended period of time in Vail rather than day-trips from the front range. Braun ended his presentation by saying that if no change is made then you will likely see very little development investment in the core areas outside the pay-in-lieu area due to the burden of parking. Chairman Kurz: One concern the P E C had in April was about the length of the lease for parking spaces. W hy was that not addressed in this proposal. Braun: W e saw some language in the code that we felt needed to be fixed and wanted to address these issues first. The town still has control over what terms it wants to see in these leases. Gillette: W hen this was first being discussed, there was a property that could not build its third parking level for groundwater reasons. The P E C let them use pay-in-lieu, but with this proposal that would not be allowed because that property was a demo/rebuild. W ants to look more into the need to exempt lodges and retail. Also wants to know why the fee only accounts for 1/3rd of a parking spot. Thinks the fee should be equivalent to the cost of a parking space. Wants to know the benefit the town gets and the benefit the town is providing in more detail. Braun: I n clarifying the situation for the development in need of pay-in-lieu, they were granted a onetime use of the pay-in-lieu. Gillette: But we still wouldn’t have been able to grant that under these new regulations correct? Roy: Believes we could allow for that sort of thing through a variance process. Perez: Wants staff to confirm that this is an option. W orried about opening the flood gates for this sort of variance. W orried about writing ourselves out of a solution avenue. Gillette: Still has an issue with exempting certain uses. I f they cannot provide an additional parking space then they should have the option to request use of pay-in-lieu at the least. Braun: W e developed these changes based on the purpose of the existing July 21, 2020 - Page 145 of 148 parking regulations. There is still a special exemption through the P E C that could still be allowed for properties outside the Vail core. Gillette: W ants something addressing variance language. Wants no exemptions on any property, Council can change this if they want to. Wants to set the pay-in-lieu fee at the cost of a parking space Braun: Offered a cost-benefit analysis to support for the current fee price and for the exemption of lodge units. Gillette: That would help. Perez: Wants to go through the changes section by section. Kjesbo: I n favor of expanding the pay-in-lieu zone. Also wants to increase the fee in conjunction. Thinks there still needs to be a pay-in-lieu or parking requirement for lodge units. Perez: Agrees with Gillette and Kjesbo. Asked for clarification on certain proposed changes. W anted clarification on why a section related to loading requirements was removed. Braun: W e intended to remove all references to loading requirements in the parking requirements. Perez: But loading is still a part of parking, so loading needs to be addressed as well. Braun: Could not find a reason for including reference to loading in these sections. Perez: Concerned about why there was a section making reference to the fee without referencing when the fee is due. Spence: W e generally do not include due dates for fees within the code because this is an administrative function. W e require these fees at the building permit. Perez: Questions the need to remove P E C purview related to where off-site parking will be located. The changes would have the P E C just look to see if the proposed parking is within a quarter mile with no flexibility or digression in their review. Kurz: Also feels that the pay-in-lieu should reflect the cost of a parking space rather than simply a number picked out of the blue. Asked the applicant and staff come up with some compromises to address the P E C comments. Gillette: Could see future staff reading these changes and determining that pay-in-lieu is not available to anyone outside of the core of Vail, even with P E C review. This should not be the intent. Public Comment Dominic Mauriello: Thankful that these old code sections are being looked at. Had a question about the distance required for off-site parking. Felt that the quarter-mile language was more applicable for discussing the walkability July 21, 2020 - Page 146 of 148 of Vail Village in ski boots. Thinks that this distance should be more flexible due to the presence of free shuttles and ability for developments to provide shuttles to off-site parking. Also had a concern about the barring of demo/rebuilds for the pay-in-lieu area. Felt that requiring the fee be equal to a parking space would hamper development. Small additions could generate hundreds of thousands in revenue but would have a hard time being built if they had to provide the full up-front cost of a parking spot. Gillette: This is why a cost-benefit analysis would be helpful. Braun: Requested a tabling. Rollie Kjesbo moved to table to J uly 27, 2020. Brian Gillette seconded the motion and it passed (4-0). Absent:(3)Lockman, Pratt, Seibert 3.Approval of Minutes 3.1.J une 22, 2020 P E C Results Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (4-0). Absent:(3)Lockman, Pratt, Seibert 4.I nformational Update 4.1.West Vail Master Plan Update Applicant: Planner:Matt Gennett Gennett gives an update of the process the W est Vail Master Plan Committee has been up to at this point. Provides dates and efforts planned for future meetings, deadlines, projects, reports, outreach, and focus groups. A short run-through of the EngageVail website was done. Absent:(3)Lockman, Pratt, Seibert 5.Adjournment Rollie Kjesbo moved to adjourn. Karen Perez seconded the motion and it passed (4-0). Absent:(3)Lockman, Pratt, Seibert The applications and information about the proposals are available for public inspec tion during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site vis its that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subject to c hange, and c annot be relied upon to determine at w hat time the Planning and Environmental Commission w ill c onsider an item. Please c all (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department July 21, 2020 - Page 147 of 148 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Recess 5:00 pm (estimate) July 21, 2020 - Page 148 of 148