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Home My WebLink About2020-09-15 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 T IN G Agenda Virtual 1:45 P M, September 15, 2020 Meeting to be held Virtually (access H igh Five Access Media livestr eam 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 c annot be relied upon to determine what time Council will consider an item. Public c omment on any agenda item may be solicited by the Town Council. 1.E xecutive Session 1.1.Executive Session, pursuant to C .R.S. §24-6-402(4)(b)(e) - to have a conferenc e with the Town A ttorney to receive legal advic e on spec ific legal questions; and to determine positions, develop a negotiating strategy and instruct negotiators regarding: 1) Negotiations with Children’s Garden of Learning for the relocation of an early childhood education center; 2) Negotiations with Triumph D evelopment and Vail Resorts regarding a memorandum of understanding for the potential relocation of the development project known as Booth Heights; 3) Contrac tual negotiations between the Town of Vail and TI GA Advertising; and 4) D elponte v. Town of Vail C ase No. 2014C V30404 90 min. Presenter(s): Matt Mire, Town Attorney 2.The Afternoon Regular Meeting will reconvene at 3:15 p.m. 3.P resentation / Discussion 3.1.Disc ussion about Ethical C onduct in Government 45 min. Presenter(s): Matt Mire, Town Attorney and Sam Light, C I RS A General Counsel Action Requested of Counc il: D iscussion opportunity and possible direction on this topic . Bac kground: Town Council requested an opportunity to review rules and guidelines governing their role as elec ted officials. Sam Light, C I RSA General C ounsel, will review a basic regulatory framework for ethical conduc t in loc al government and fac ilitate a disc ussion about this topic. Chapter Six of the Ethics, Liability, and Best Practices for Elec ted Officials Handbook, serves as a resource for this disc ussion; this handbook was published by C I RS A and the Colorado Municipal League. 3.2.2020 W ildfire Season and Upc oming W ildfire Related I nitiatives Presentation 20 min. Presenter(s): Mark Novak - Fire C hief; Paul Cada - W ildland Program Manager September 15, 2020 - Page 1 of 85 Action Requested of Counc il: Presentation only Bac kground: Provide update on 2020 fire season as well as the status of current and future Fire Adapted C ommunity initiatives. 3.3.Letter supporting "Protec t A merica’s C hildren from Toxic Pesticides Ac t of 2020" 10 min. Presenter(s): Pete W adden, W atershed Educ ation Coordinator Action Requested of Counc il: Provide input on signing the letter of support. Bac kground: The bill would ban organophosphates whic h harm child brain development and neonicotinoids which lead to pollinator population collapse as well as paraquat, which is lethal to humans in quantities as small as a teaspoon. Staff Rec ommendation: Town Environmental staff enc ourage Council members to support this bill. 3.4.Economic Recovery Efforts in Response to Public Health Crisis 45 min. Presenter(s): Scott Robson, Town Manager Action Requested of Counc il: I nformational presentation with some feedback and council direction requested. Bac kground: Town staff present updates about many of the ec onomic rec overy programs that are ongoing, suc h topics include the c urrent status of public health orders, music activation's and winter operational enhanc ements, including updates about the proposal for tents on expanded restaurant premises and in town, as well as the gift card program and TOV purchase of face coverings for guests. 4.D R B / PEC Update (5 min.) 4.1.D RB / P E C Update Presenter(s): J onathan S penc e, Planning Manager 5.Information U pdate 5.1.VLHA Meeting Results August 25, 2020 5.2.Proposed Future Agenda I tems 5.3.Seibert Memorial Sculpture 6.Matters from Mayor, Council and Committee Reports (10 min.) 7.Recess 7.1.Rec ess at 5:30 pm (estimate) Meeting agendas and materials c an be ac cessed prior to meeting day on the Town of Vail website www.vailgov.com. All town council meetings will be streamed live by High Five Ac cess Media and available for public viewing as the meeting is happening. The meeting videos are also posted to High Five Ac cess Media website the week following meeting day, www.highfivemedia.org. September 15, 2020 - Page 2 of 85 Please call 970-479-2136 for additional information. Sign language interpretation is available upon request with 48 hour notification dial 711. September 15, 2020 - Page 3 of 85 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 xecutive S ession, pursuant to C .R .S. §24-6-402(4)(b)(e) - to have a conference with the Town A ttorney to receive legal advice on specif ic legal questions; and to determine positions, develop a negotiating strategy and instruct negotiators regarding: 1) Negotiations with Children’s Garden of L earning for the relocation of an early childhood education center; 2) Negotiations with Triumph D evelopment and Vail Resorts regarding a memorandum of understanding for the potential relocation of the development project known as Booth Heights; 3) Contractual negotiations between the Town of Vail and T I G A A dvertising; and 4) Delponte v. Town of Vail Case No. 2014 C V30404 P RE S E NT E R(S ): Matt Mire, Town A ttorney September 15, 2020 - Page 4 of 85 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Discussion about Ethical Conduct in Government P RE S E NT E R(S ): Matt Mire, Town A ttorney and Sam L ight, C I R S A G eneral C ounsel AC T IO N RE Q UE S T E D O F C O UNC IL : D iscussion opportunity and possible direction on this topic. B AC K G RO UND: Town C ouncil requested an opportunity to review rules and guidelines governing their role as elected officials. S am L ight, C I R S A General Counsel, will review a basic regulatory framework f or ethical conduct in local government and facilitate a discussion about this topic. C hapter S ix of the E thics, L iability, and B est Practices f or E lected O f f icials Handbook, serves as a resource for this discussion; this handbook was published by C I R S A and the Colorado Municipal L eague. AT TAC H ME N TS : Description Ethical Conduct in Local Government Ethics Handout Vail September 15, 2020 - Page 5 of 85 CHAPTER 6 ETHICAL CONDUCT IN LOCAL GOVERNMENT By: Robert Widner, Widner Juran LLP Introduction Citizens have a right to expect ethical behavior from local government offi cials. In the municipal context, “ethical behavior” generally means the conduct of public business in a manner that will preserve or restore the public’s trust in government. In many instances, local government offi cials are unaware of the rules and guidelines governing their offi cial behavior. Th is chapter outlines a basic regulatory framework for ethical behavior for local government offi cials and advocates on the premise that limited but enforceable local regulation is necessary to protect the public trust. Th e fi rst part of this chapter focuses upon “what” ethical activity should be regulated at the local level. Th e second part focuses upon “how” local ethical standards should be enforced. Why Regulate Local Ethics? Both media stories and national studies of local government decision-making highlight the need for regulation of ethical behavior by local government offi cials. Unfortunately, ethical violations do occur at all levels of government and may range from the use of a public offi ce to help a friend secure special treatment from the government to corruption, self-dealing, or just plain poor decision-making. Although the vast majority of public offi cials ably conduct offi cial business without ethical missteps, a single publicized violation can cast a cloud upon the entire government organization and raise suspicion that other public offi cials are engaged in similar misconduct. Simply put, ethical violations erode public trust. Colorado state law attempts to describe appropriate standards of conduct for local government offi cials in Title 18, Article 24 of the Colorado Revised Statutes. Th e state law fails in many respects to articulate clearly the standards for ethical behavior or to defi ne key statutory phrases, such as what constitutes “personal or private interest.” State law further fails to serve the needs of local government by delegating the enforcement of alleged local ethical violations to the local district attorney’s offi ce. Th is delegation oft en proves ineff ective as it requires district attorneys to divert their limited resources from the enforcement of criminal conduct to the investigation and enforcement of 29 EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 33EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 33 6/4/2019 1:02:44 PM6/4/2019 1:02:44 PM September 15, 2020 - Page 6 of 85 state misdemeanor ethical misconduct. Moreover, enforcement of statutory standards of conduct against elected public offi cials by elected district attorneys can—fairly or unfairly—lead observers to assume that politics, rather than justice, will dictate the outcome. In addition to state statutory law, in 2006 the Colorado voters enacted Amendment 41, a constitutional citizen initiative. Amendment 41 was codifi ed into Article XXIX of the Colorado Constitution. Th e purpose of Article XXIX was to establish new statewide rules governing the receipt of gift s and other considerations by government offi cials. It also allows a state independent ethics commission to hear complaints, issue fi ndings, and assess penalties in connection with ethics issues arising under Article XXIX and under any other state standards of conduct and reporting requirements. Th e state’s independent ethics commission has proven a less than eff ective means of addressing ethics at the local level due to lengthy hearing timelines and the need for local offi cials to defend conduct in a state tribunal located in Denver using state, and not locally, created and imposed ethics regulations. Of signifi cant importance to the creation of local ethics regulation, Article XXIX includes an explicit exemption which limits the state’s independent ethics commission’s jurisdiction: Home rule municipalities that have enacted local ethics codes which address the topics of Article XXIX are not subject to the jurisdiction of the independent ethics commission. Municipalities may overcome these state statutory and constitutional shortcomings through local regulation and local enforcement of ethical behavior. Eff ective local regulation of public offi cials’ ethics necessarily involves two distinct elements. Th e fi rst is a set of clearly written directives identifying what constitutes unacceptable or unethical behavior. Th e second is a process for enforcing the written directives in a reasonable, fair, and effi cient manner.1 What Should be Regulated? Th e most common problems with local rules of ethical conduct are vagueness and overbreadth. Sweeping general statements such as “city offi cials should comport themselves at all times in a professional manner” are too vague to help either the offi cials or their constituents understand what is and is not acceptable. Likewise, regulations that attempt to set standards for the offi cials’ personal life may seem admirable, but are really beyond the scope of good ethical regulation. Consequently, any set of ethical regulations should focus on the conduct of public offi cials while performing their public duties and should be specifi c enough to clearly defi ne what constitutes an ethical violation. Engaging in criminal conduct while in the course of one’s public responsibilities should always be an ethical violation. However, criminal acts committed by public offi cials outside of their offi cial role and in their private capacity are best left to local law enforcement or, as discussed below, the public’s right of recall. It may be true that a public offi cial’s criminal activity unrelated to public offi ce can still undermine public trust, but if your ethical code provides that “any felony or misdemeanor criminal activity” committed by a public offi cial constitutes an ethical violation, are you prepared to sanction a board or council member who receives a jaywalking ticket? A criminal act committed by a public offi cial in his private life will typically only call into question the qualifi cations of that particular public offi cial to serve the public. To that end, 30 CHAPTER 6 EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 34EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 34 6/4/2019 1:02:44 PM6/4/2019 1:02:44 PM September 15, 2020 - Page 7 of 85 state law provides a remedy in the right of recall, a process by which the voters can decide whether that individual should continue to serve. Local ethical regulations, however, should avoid putting members of the municipal governing body in the role of overseeing and enforcing the private activities of one of their own. It is also customary, and a good idea, for local ethics regulations to incorporate as an ethical violation any failure of the public offi cial to adhere to important provisions of the municipal charter or ordinances, such as provisions that prohibit elected offi cials’ interference with the city manager’s supervisory role over city employees. In addition, ethics regulations should prohibit: • the intentional disclosure of confi dential governmental information; • the acceptance of gift s of substantial value; • the misuse of public resources or public equipment; and • engaging in contractual relationships for the personal benefi t of the public offi cial and/or the offi cial’s relatives or any business in which the offi cial has an interest. In summary, local ethical regulations should prohibit the conduct that will most directly impair the public’s trust in the local government organization as a whole. If draft ed with appropriate attention to specifi city, eff ective local regulation will put public offi cials on notice of precisely what constitutes inappropriate behavior related to their public service, and will clearly inform constituents of what is expected of their local representatives. Accompanying the regulations should be well-defi ned steps for disclosure and recusal in circumstances giving rise to confl icts of interest. Finally, local codes should include terms and phrases designed to avoid vagueness and ambiguity. How Should Ethics Codes be Enforced? Ethics regulations eff ectively inform offi cials what conduct is permitted and prohibited in public service. However, without a means to enforce the ethical requirements, the regulations become largely meaningless. Creating a process to enforce ethical regulations requires careful thought. Ensuring that the regulations are enforced fairly is a paramount concern. Fair enforcement is fostered when regulations clearly articulate the requirements and expectations of every step of the enforcement action. Where a step is optional, such as whether an investigation of the ethics complaint will be performed, the criteria and procedures for determining whether the step will be employed should be clearly identifi ed and followed. Th e regulations should contemplate the need for issuing subpoenas for documents and compelling witness testimony and attendance. Th e typical process will include a complaint, the identifi cation of the hearing body or hearing offi cer, an initial review, investigation, a hearing, a decision and, if appropriate, a penalty. Complaint Th e initiation of the process to enforce an ethical standard should require a written complaint or allegation of unethical conduct. Th e form of the written complaint is 31 EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 35EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 35 6/4/2019 1:02:44 PM6/4/2019 1:02:44 PM September 15, 2020 - Page 8 of 85 important. Th e person charged with unethical conduct has a right to know what conduct is alleged to have violated the ethical rules. At a minimum, the complaint should include a detailed description of the action alleged to have violated the rules and citation to the ethical rules alleged to be violated by such conduct. Requiring the complaining party to verify or certify under penalty of perjury or other sanction that the allegations are truthful may aid in preventing complaints that are merely intended to harass or which might be politically motivated. Once received, the complaint must be must formally delivered or served upon the person alleged to have violated the rules. Hearing Body or Officer A critical decision for any ethical enforcement action is the selection of the appropriate hearing body or offi cer to hear the allegations, render a decision, and impose a penalty, if appropriate. Th e enforcement regulations should identify the process for selection, composition, and qualifi cations of the hearing body or hearing offi cer. Th e options are numerous. Th e hearing body might, for example, be composed of the entire governing body of the local government, a governing body subcommittee, a citizen ethics board, or an independent hearing offi cer. Moreover, the decision of the hearing body or offi cer can be considered advisory and made subject to fi nal review and ratifi cation by the governing body. Each option presents advantages and disadvantages. Th e elected governing body is a logical selection when judging the conduct of its fellow members or public servants due to its role as representing the citizens who demand ethical action by government. However, selecting the governing body or individual members of the governing body risks injecting elements of political favoritism into the ethics process, and raises complications where other members are necessary witnesses to facts alleged in the complaint. Similarly, while citizen members have a direct interest in ethical governmental action, citizens can oft entimes be politically aligned with elected offi cials or lack the experience to understand the allegations in the context of public service. Individual hearing offi cers, while perhaps free of any political motivations, may lack accountability to the citizens. Initial Review A preliminary or initial review of the complaint may be a benefi cial step. A complaint may fail to assert any actions by the public servant that constitute an ethical misstep or may assert actions that are unrelated to the servant’s public duties. In addition, a complaint may, on its face, be submitted for the sole purpose of harassing the public servant. At a preliminary review, the hearing body or offi cer can elect to dismiss the complaint, thereby saving the local government time and money in processing spurious or specious allegations. Any decision to dismiss the complaint should be made in writing and provided to the complaining party and the person against whom the allegations were raised. 32 CHAPTER 6 EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 36EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 36 6/4/2019 1:02:44 PM6/4/2019 1:02:44 PM September 15, 2020 - Page 9 of 85 InvestigationFor some but not all complaints, an investigation might be warranted. If warranted and approved by the hearing body or offi cer, the investigation should be undertaken by an independent and neutral party. Th is investigation might involve the interview of witnesses and review of the evidence, and may culminate in a written summary of disputed and undisputed facts relevant to the issues to be decided by the hearing body or offi cer. Hearing For complaints that warrant prosecution, a hearing should be held to consider the complaint. In some circumstances, the hearing may include a preliminary stage whereby the hearing body or offi cer reviews the investigative report and, if appropriate, may elect to dismiss the allegations if the investigation established that the evidence does not support a fi nding of wrongdoing. Conducted in a manner similar to a judicial proceeding, the hearing should permit the presentation of evidence to support the allegations of unethical conduct and an opportunity to provide a defense against the allegations. Th e local government may employ a prosecutor to present the allegations and evidence. Any decision by the hearing body or offi cer should be made in writing to ensure an adequate record and formally conclude the proceeding. Decision and Penalty In the event that the hearing body or offi cer fi nds a violation of the ethical standards, a penalty may be in order. Obviously, the severity of the penalty can vary depending upon the seriousness of the violation. Penalties may range from a simple letter of admonition or censure, to removal of the public servant from certain duties or responsibilities, to more drastic action including removal from elective offi ce. It is exceedingly rare for ethical violations to result in a monetary fi ne. A monetary fi ne or action to void a contract resulting from unethical conduct is most appropriate where the ethical violation caused probable fi nancial harm to the community. Th ese types of violations are best prosecuted by the district attorney under the public trust provisions of state law. Importantly, removal from offi ce is a power best reserved for the governing body which holds the power of removal pursuant to the charter (for home rule municipalities) or state statutes (for statutory cities and towns). Moreover, it is important to acknowledge that elected offi cials remain accountable to the citizens and are subject to recall from offi ce should their constituents feel the ethical standards of their offi cial are lacking. For that reason, removal from offi ce should be considered only in the most egregious cases. 33 Footnote: 1 . Many home rule and statutory municipalities in Colorado have adopted local ethics regulations, ranging from comprehensive charter provisions and ordinances to a few local supplements to state law. CIRSA members can obtain examples of local ethics ordinances by contacting saml@cirsa.org. EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 37EthicsLiability&BestPracticesHandbookForElectedOfficialsFinal.indd 37 6/4/2019 1:02:44 PM6/4/2019 1:02:44 PM September 15, 2020 - Page 10 of 85 1 CIRSA – Ethics Handout1 Prepared by Sam Light, CIRSA General Counsel Part I – Summary of Current Conflict of Interest & Other COE Rules Colorado State Code of Ethics (COE): General Conflict of Interest Rule 1. GENERAL PROVISION: No local government official shall perform an official act which directly and substantially grants an economic benefit to a business or other undertaking in which the official has a substantial financial interest. (C.R.S. § 24-18- 109). 2. RECUSAL: If a member has a such an interest in a matter proposed or pending before the body, the member must: • Disclose the Conflict • Not Vote on the Matter • Not Attempt to Influence Other Members • Leave the Room? 3. INTEREST: A “financial interest” that triggers the obligation for disclosure and recusal includes a “substantial interest” you hold which is (among others): • An ownership or a credit or employment interest in a business • Holding a position as director or officer of a business • Holding an ownership interest in property Even if you do not directly hold such a “financial interest,” disclosure/recusal is required if you are engaged as counsel, consultant, representative, or agent for the benefitted business. TOV Charter Provision Respecting Contracts (Charter Section 3.7) 1. GENERAL PROVISION: A Councilmember shall not have “any direct or indirect financial interest in any contract with the Town.” A “contract” includes “any arrangement or agreement pursuant to which any land, material, service or other thing of value is to be furnished to the Town for a valuable consideration to be paid by the Town or sold or transferred by the Town.” 2. EXCEPTION: The above prohibition does not apply where the interest of the Councilmember (or his/her family) consist of a less than ten percent ownership interest (whether in securities or other ownership of a partnership or firm). This 1 Note: This outline is for general reference only and not legal advice. Specific legal questions should be referred to the entity’s own counsel and/or others as appropriate. September 15, 2020 - Page 11 of 85 2 prohibition also does not extend to or include “minor incidental transactions as approved by the Council.” (See also, TOV Code Sec. 1-5-7). Gifts 1. AMENDMENT 41: • Prohibits officials from accepting any gifts or considerations of more than $65 from any one person in any one year, subject to certain exceptions. (Colo. Const. art. XXIX, Section 3). 2. STATE STATUTE: • Do not accept any gift of substantial value which (I) would tend to improperly influence the faithful and impartial discharge of duties, or (II) is given to reward official action. These are objective standards. (C.R.S. § 24-18-104) • Statute incorporates various exceptions from Amendment 41. • “Official action” means basically any use of discretionary authority as an official. Confidential Information A local government official shall not disclose or use confidential information acquired in the course of official duties to further substantially the official’s personal financial interests. (C.R.S. § 24-18-104). September 15, 2020 - Page 12 of 85 3 Part II – Considerations in Adopting Local Rules Why Pursue / Adopt Local Rules? • Are existing rules inadequate to address certain local interests/values? • Are there real and/or perceived gaps or ambiguities respecting current rules? • Proximity/Transparency? • Is Local Control / Local Enforcement Important? o The requirements of Amendment 41 do not apply to home rule municipalities “that have adopted charters, ordinances, or resolutions that address the matters covered by [Amendment 41].” o But, the law is not yet settled on the meaning of this provision and its impact on the Independent Ethics Commission’s jurisdiction. What/Who is to be Regulated? • Is there an interest in regulating conduct not addressed in existing rules (or regulating it in a different way)? • Who is intended to be regulated by the local rules? • Is the interest in supplementing? Or substituting? What About Process? – CIRSA Suggestions • Discuss first, draft later. Discuss the broad interests/values/needs in pursuing local rules. Is there Council buy-in to initiating the effort? • Policy development. Council as a whole? Council Committee? Task Force? Citizen and staff participation? How are discussions facilitated? • Drafting. Focus ethics codes on conduct and process. Be specific and not general. Vet drafts for both legal compliance and non-legal clarity. o Sample codes are helpful, but they should not frame/drive issues. • Review. What is the scope/extent of that process? Who participates? • Adoption & Implementation. Education, training, and access are key! September 15, 2020 - Page 13 of 85 4 Part III - Resources: • CIRSA “Ethical Conduct in Local Government”: https://www.cirsa.org/wp-content/uploads/2019/06/Ethical-Conduct-in-Local- Government.pdf. • IEC Ethics Handbook: https://www.colorado.gov/pacific/sites/default/files/IEC_Ethics_Handbook_2016.pdf. • Sample Codes of Ethics from Other Home Rule Municipalities: o Louisville: https://www.louisvilleco.gov/home/showdocument?id=1468 o Telluride: https://telluride.municipal.codes/TMC/2-4-240 o Castle Pines: https://www.castlepinesco.gov/wp-content/uploads/2019/08/ordinance_19- 06_repeal_and_readopt_ethics_article_8_chapter_2.pdf September 15, 2020 - Page 14 of 85 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 : 2020 W ildf ire S eason and Upcoming W ildfire Related I nitiatives P resentation P RE S E NT E R(S ): Mark Novak - Fire Chief ; P aul C ada - W ildland P rogram Manager AC T IO N RE Q UE S T E D O F C O UNC IL : P resentation only B AC K G RO UND: Provide update on 2020 fire season as well as the status of current and future F ire A dapted C ommunity initiatives. AT TAC H ME N TS : Description 2020 W ildfire S eason Presentation September 15, 2020 - Page 15 of 85 Wildland Fire Program Update Mark Novak-Fire Chief Paul Cada-Wildland Program Manager September 15, 2020 - Page 16 of 85 2020 Significant Colorado Wildfires Town of Vail | Vail Fire and Emergency Services 9/15/2020 •Pine Gulch-139,000 acres, $31 million (largest in CO history) •Grizzly Creek-32,000 acres, $29 million •Cameron Peak -103,000* acres, $16* million •Williams Fork -12,000 acres, $9.5 million Grizzly Creek Fire, Photo by Post Independent September 15, 2020 - Page 17 of 85 The New Normal •20 of the largest fires in Colorado history occurred in last 20 years •14 of the 20 largest fires have occurred since 2010 •10 of the 20 largest fires have occurred since 2015 •8 of the 20 largest fires have occurred since 2018 Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 18 of 85 California Fires Town of Vail | Vail Fire and Emergency Services 9/15/2020 •2.5 million acres to date, the height of Ca fire season is still ahead •Several fires larger than all 2020 Colorado fires combined •Currently 28 major uncontrolled wildfires •August lightning =over 700 new fires in 24 hours September 15, 2020 - Page 19 of 85 California Fire Impact Town of Vail | Vail Fire and Emergency Services 9/15/2020 •All national forests in California are closed to all public use •Suppression costs will exceed a billion dollars •Damage, recovery and economic losses will be tens of billions September 15, 2020 - Page 20 of 85 2020 Wildland Fire Assignments •Fawn Creek •Wolf •Pine Gulch •Grizzly Creek •Ruby Creek •Cameron Peak •White River Severity •Eby Creek Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 21 of 85 Lessons Learned from Grizzly Creek Fire Town of Vail | Vail Fire and Emergency Services 9/15/2020 •Evacuation •Business Impacts •Post fire recovery •Environmental Impacts September 15, 2020 - Page 22 of 85 Scarcity of Resources Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 23 of 85 Why 2020? •Despite a slightly above average snow year, a weak monsoonal flow and well above average temperatures led to critical wildfire conditions across much of Colorado. •Predictions for the remainder of the fall call for above average temperatures and below average precipitation. Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 24 of 85 Extreme Drought Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 25 of 85 Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 26 of 85 Energy Release Component (ERC) August 2020 September 2020 Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 27 of 85 Is Fire Season Over? Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 28 of 85 2020 Vail Wildfire Mitigation Projects Town of Vail | Vail Fire and Emergency Services 9/15/2020 •Continued multi-faceted approach: o Encourage and incentivize private property owners to mitigate private property. o Ensure best management of Town owned land o Work with partners including USFS and Colorado Parks and Wildlife on adjoining public land •Community chipping continues to be very popular o 2020 has been one of the busiest seasons in the past 6 years with 4 weeks remaining •Larger scale fuels reduction projects continue on Town owned land near Bald Mountain Road as well as on State Land in the Intermountain area September 15, 2020 - Page 29 of 85 Public Education Town of Vail | Vail Fire and Emergency Services 9/15/2020 •Public education has been focused on personal responsibility and preparedness. o Evacuation preparedness Evacuation livestream event Alternative methods to meet current challenges of COVID o Personalized wildfire hazard review Curbside evaluations were completed in the Booth Creek and Golf Course areas. •The Fire Department has teamed up with a wildfire research team to investigate ways to make our outreach more effective with the community. September 15, 2020 - Page 30 of 85 2020 Accomplishments •4.6 acres hand thin in Bald Mountain and Deer Underpass •Curbside chipping-185 piles •Assessed 485 properties Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 31 of 85 Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 32 of 85 Wildfire Code Amendments Town of Vail | Vail Fire and Emergency Services 9/15/2020 •Implementation of the 2020 Wildfire Code Amendments began in March •The implementation included informational sessions with community members and the building community. These sessions were hosted jointly by the Planning, Building and Fire Departments •Utilized pre-existing review process •Evaluate existing amendments during 2021 code adoption cycle to increase wildfire resiliency September 15, 2020 - Page 33 of 85 Fire Adapted Vail and Community Wildfire Protection Plan Town of Vail | Vail Fire and Emergency Services 9/15/2020 •The Community Wildfire Protection Plan (CWPP) was adopted in April and several small projects identified in the plan are already being implemented. •The plan identifies several substantial projects to be implemented in the coming years. The projects include large scale fuels reduction, increased community engagement in preparedness, improvements in emergency response and other strategies. •Implementation of CWPP projects will require resources, partnerships and the support of the community. September 15, 2020 - Page 34 of 85 What ’s next? •CWPP projects •Continued Focus on Personal Responsibility •Wildland Urban Interface Code Amendments •2021 Fuels Reduction Projects •Curbside Evaluations •East Vail Fuels Reduction Project Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 35 of 85 Questions? Town of Vail | Vail Fire and Emergency Services 9/15/2020 September 15, 2020 - Page 36 of 85 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 : L etter supporting "P rotect A merica’s C hildren from Toxic P esticides A ct of 2020" P RE S E NT E R(S ): Pete Wadden, Watershed E ducation Coordinator AC T IO N RE Q UE S T E D O F C O UNC IL : P rovide input on signing the letter of support. B AC K G RO UND: T he bill would ban organophosphates which harm child brain development and neonicotinoids which lead to pollinator population collapse as well as paraquat, which is lethal to humans in quantities as small as a teaspoon. S TAF F RE C O M M E ND AT I O N: Town E nvironmental staff encourage Council members to support this bill. AT TAC H ME N TS : Description Draft Letter of S upport Presentation Presentation September 15, 2020 - Page 37 of 85 75 South Frontage Road Vail, Colorado 81657 www.vailgov.com September 15, 2020 Environmental Sustainability Department 970.476.3455 970.479.2333 970.479.2144 Dear Members of Congress, The members of Vail Town Council wish to express their (unanimous?) support for the proposed changes to the Federal Insecticide, Fungicide and Rodenticide Act of 1972 (“FIFRA”) contained within the Protect America’s Children from Toxic Pesticides Act of 2020, introduced in the Senate on August 4, 2020. Even our small mountain community which is surrounded by two of America’s most spectacular wilderness areas has been impacted by the harmful effects of the neonicotinoid insecticides this bill proposes to ban. Declines in aquatic insect life in our once-pristine creek can be attributed in part to the overuse of these chemicals for ornamental landscaping in our community. Since Colorado law prohibits municipal governments like ours from taking legislative action to protect our citizens and our ecosystems from pesticides, we ask that you act to remove some of the most harmful among them from the market in the United States. In addition to the impacts visible in our community, we recognize that these pesticides are linked to alarming declines in pollinator populations nationwide. The seven species of bees that were added to the endangered species list in 2016 are irreplaceable parts of the ecosystems that support America’s food supply. To preside over the disappearance of such creatures would be an environmental and economic tragedy that cannot be allowed. We urge you to take action now. Finally, a complete nationwide ban on the use of paraquat, a teaspoon of which is lethal to humans, is long overdue. Our peers in the European Union recognized this long ago and took action to protect their citizens. We ask that you take this opportunity to do the same. Sincerely, Members of the Vail Town Council September 15, 2020 - Page 38 of 85 Protect America’s Children from Toxic Pesticides Act of 2020 970.479.2144 | lovevail.org Pete Wadden Watershed Education Coordinator pwadden@vailgov.com September 15, 2020 - Page 39 of 85 Organophosphates Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Indian tea workers apply organophosphates Gerhard Schrader, discoverer of organophosphates and inventor of sarin gas Sources National Geographic and US CDCSeptember 15, 2020 - Page 40 of 85 Neonicotinoids Lovevail.org Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Sources: Pesticide action network, BBC September 15, 2020 - Page 41 of 85 Paraquat Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Sources: National Institute of Health and New York Times, Pesticide Action Network Europe September 15, 2020 - Page 42 of 85 This looks legal Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. 2016 September 15, 2020 - Page 43 of 85 This does not Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. September 15, 2020 - Page 44 of 85 The message is simple Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. September 15, 2020 - Page 45 of 85 Lovevail.org Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Pete Wadden Watershed Education Coordinator pwadden@vailgov.com September 15, 2020 - Page 46 of 85 Protect America’s Children from Toxic Pesticides Act of 2020 970.479.2144 | lovevail.org Pete Wadden Watershed Education Coordinator pwadden@vailgov.com September 15, 2020 - Page 47 of 85 Organophosphates Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Indian tea workers apply organophosphates Gerhard Schrader, discoverer of organophosphates and inventor of sarin gas Sources National Geographic and US CDCSeptember 15, 2020 - Page 48 of 85 Neonicotinoids Lovevail.org Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Sources: Pesticide action network, BBC September 15, 2020 - Page 49 of 85 Paraquat Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Sources: National Institute of Health and New York Times, Pesticide Action Network Europe September 15, 2020 - Page 50 of 85 This looks legal Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. 2016 September 15, 2020 - Page 51 of 85 This does not Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. September 15, 2020 - Page 52 of 85 The message is simple Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. September 15, 2020 - Page 53 of 85 Lovevail.org Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Little intro copy area. Pete Wadden Watershed Education Coordinator pwadden@vailgov.com September 15, 2020 - Page 54 of 85 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 conomic R ecovery E fforts in R esponse to P ublic Health Crisis P RE S E NT E R(S ): Scott R obson, Town Manager AC T IO N RE Q UE S T E D O F C O UNC IL : I nf ormational presentation with some f eedback and council direction requested. B AC K G RO UND: Town staf f present updates about many of the economic recovery programs that are ongoing, such topics include the current status of public health orders, music activation's and winter operational enhancements, including updates about the proposal for tents on expanded restaurant premises and in town, as well as the gift card program and TO V purchase of f ace coverings for guests. AT TAC H ME N TS : Description Memo Economic R ecovery Efforts 091520 Letter to Color ado Mayors from G overnor P olis September 15, 2020 - Page 55 of 85 To: Mayor and Town Council From: Town Manager’s Office Date: September 15, 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 and Music Entertainment Update ▪ Commercial Rental Relief Program Update ▪ Future Economic Recovery Efforts Proposals Update Includes: winter operations for restaurants, gift card program, TOV face coverings ▪ Proposed Funding for Economic Recovery Programs II. BACKGROUND Town staff has presented bi-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 stimulate 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 Eagle County Public Health officials continue to monitor the number of positive cases of COVID- 19. A recent update notes that COVID transmission in Eagle County remains in the GREEN range indicating “comfortable and to remain vigilant while resuming activities”. Eagle County public health officials continue to work with state public health officials in creating parallel messaging about the orders and status of the public health crisis. Their collaborative efforts will help to streamline performance indicators and associated metrics. At this time, the current Eagle County public health orders in place are expected to remain the same. Discussions continue to address goals for balancing public health concerns with economic vitality during the winter season. Please find attached a letter to the Colorado Mayors from Governor Polis encouraging local governments to continue supporting its restaurants through the winter months by supporting such efforts as fire pits, heaters, and tents. Polis’ letter closes with information about grant programs offered to restaurants and communities at the State level. Some of these ideas September 15, 2020 - Page 56 of 85 Town of Vail Page 2 are addressed later in the memo. The Town continues to review and adjust both operational and economic recovery programming and tactics to comply with these orders. For more information and updates about the COVID-19 health crisis, access Eagle County’s website, www.ecemergency.org. Special Events and Music Activation Updates At the September 2nd CSE meeting, funding was approved for two new events with monies that were made available from events that were canceled due to the COVID-19 pandemic. A proposal for October concerts in the villages from High Altitude Entertainment was approved for $26,000. This will include one show per weekend for the first four weeks of October, plus a Halloween Jam, with concerts occurring in both Vail Village and in Lionshead on the final weekend. The October activation is in addition to the 14 shows that were funded through September by the Town Council. $5,000 was also awarded to TedXVail to support their programming and marketing efforts for their COVID amended schedule. The summer event season is winding down over the next few weeks. The remaining events on the schedule include the Vail Recreation District’s Davos Dash on September 15 and 16, the Vail Wine Classic at the Lower Bench of Ford Park on September 18 and 19, the North American Van Show in Lionshead on September 26 and 27, the Vail Farmers Market continuing through October fourth, and Shakedown Presents concerts in the village and at the Lower Bench through October. Commercial Rent Relief Program Update The program, which launched with an online application on September 1, is designed to provide rent relief to commercial businesses in Vail through a shared model between tenant, landlord and the town, and was developed by a subcommittee of the Vail Economic Advisory Council. The formula for relief reflects reduction in monthly revenue versus same month last year and is available for the period August 1 – November 30, 2020. $1M had been committed by town council to the program that provides a maximum of $15,000 relief per business, which is matched by the landlord. Since September 1 the town has received 17 eligibility applications from businesses (20 more pending), and 10 applications for August rent relief (12 more pending). Average August relief requested is $1,800 per business. Because some businesses are working to finalize landlord support, the town has extended the August deadline for online applications until September 18. Other Economic Recovery Program Efforts Staff has worked with members of the Vail Economic Advisory Council to explore ideas and develop initiatives to address economic recovery to continue support the business community in light of the continued public health crisis. Ongoing discussions with several departments and business owners are occurring regarding each effort. Below are some updates about programming and next steps. ▪ Winter Operations Enhancements ❖ Explore the idea of tenting existing expanded premises for restaurants to provide additional indoor dining with social distancing for the winter months, with a focus on dinner service. A number of town departments have met with several restaurant owners to discuss the idea of securing expanded restaurant premises throughout the winter months with the installation of tents. Social distancing requirements and the 50% limit on operational September 15, 2020 - Page 57 of 85 Town of Vail Page 3 capacity for restaurants continue to place major burdens on the viability of Vail restaurants, especially moving into the winter season. In addition, there will likely be limitations on Vail mountain for gathering, which will necessitate more dining options in the villages. A couple of walking tours with town staff and vendors for tents and propane products was completed to explore the idea of “tenting” restaurants in both Lionshead and Vail Village. At this time, there are over thirty restaurants who have shown interest in the program as a way of increasing their seating capacity by tenting their outdoor premises. Town staff are currently reviewing a tent proposal from a vendor who is interested in supplying restaurant owners with various sizes of tents based on the sizes of outdoor premises. The vendor has drafted specs for each interested party identifying appropriate tent sizes and associated cost estimates that will help both the town and restaurateurs determine if this program is logistically feasible and financially viable. Town staff continue to evaluate the logistics of the programming including adequate heating and electrical sources, appropriate access and egress for fire and safety reasons, security concerns about tents that are not monitored overnight, snow removal and maintenance concerns, as well as permit needs for oversized tents. In addition, the town has estimated the cost-benefit of utilizing the tent program with the potential to generate at least $300K in additional sales tax collections, thus helping further offset the program costs. In light of potential use of CARES federal funding and state grants (see Polis letter); staff would propose the town pay for all tent rental costs. However, the proposal would include a cost-sharing approach that requires restaurant owners to cover operational costs associated with the tents. The restaurant owners would incur the costs of heating the tents and monitoring tents during the night and the town would incur other operational costs associated with tent setup assistance, snow removal and maintenance. Please find a map below that highlights current possible restaurant locations utilizing tents; both villages are shown. September 15, 2020 - Page 58 of 85 Town of Vail Page 4 ❖ Create “warming area locations” with vertical patio heaters and/or portable fire pits for guests to utilize as places to warm, dine on carry out and/or wait for dining in the villages. The town will spend the next couple of weeks performing additional research and vetting the idea of the above referenced “warming area locations”. This village enhancement would be beneficial throughout the day for guests to use as a place to warm, eat, drink, or wait for restaurant seating to become available. It would be a complementary effort to the above proposal of tenting expanded premises and serve guests and the entire business community. A number of locations are being evaluated and would provide appropriate space for social distancing requirements to be met. Please note there continues to be consideration given to the logistics of the program listed below: ✓ Town of Vail would help facilitate the implementation of the program by advising about fire and building codes and approval of final tent request submittals. ✓ There is likely only a select number of restaurants that would benefit from such use of expanded premises and restaurant owners would need to determine the value of the tents to their business, in many cases, the use of a tent will only provide for a marginal inc rease in restaurant occupancy. ✓ Suggested economic recovery effort would be temporary in nature and align with active public health orders. ✓ There is a need to evaluate the ability to maintain the tents during heavy snowfalls and how that aligns with public works snow removal in villages and vehicle and transit circulation. ✓ The vendors are seeing a high demand for tents and tent heaters across the state during the health crisis and there will be a limited “type” of tent product available. ✓ Maintaining the necessary supply of propane or heat source throughout the village will be logistically challenging. ✓ Some discussions ensued about creating locations in the villages for guests to use for dining outside during the day and/or use for gathering while waiting for restaurant reservations during the evening. ✓ Loading and delivery impacts, currently loading and delivery in certain zones occurs and is accommodated with tables being moved into spaces after loading times expire. Tents at these locations will not be able to move in and out daily. ✓ Other special event impacts: the installation of tents, may impact the footprint of special events. ▪ Town of Vail Gift Card Program to Boost the Shoulder Season ✓ Members of the Vail Economic Advisory Council recommended the town consider a gift card program that would supply a credit to individuals to support Vail businesses during the shoulder season. Businesses would need to sign up online to participate in the gift card program where $25 gift cards would be distributed to two key groups: those in need (community) and guests of Vail lodging properties and businesses (guests). The program met with success in the City of Aspen where average return on each $25 card was more than $50, with an average sale of $80. The proposed program would include production of 4,300 gift cards at $25 each. 2,000 would go to the community program, and 2,000 would be distributed to lodges and businesses for guest use. The remaining 300 gift cards would be paid for from existing town budget and would be distributed to Town of Vail employees in recognition of their efforts in response to the COVID 19 pandemic. The estimated funding for the program is $110,000 and may also qualify as a reimbursable by the CARES funds. ▪ Town of Vail Communications Effort to Provide and Encourage Use of Face Coverings Per Town Council, the Vail Economic Advisory Council and local business leaders’ recommendation, the town explored a comprehensive program to provide Vail-branded face September 15, 2020 - Page 59 of 85 Town of Vail Page 5 coverings on either a complimentary or cost basis. The effort would be supported with a robust and approachable communications program to encourage the use of face coverings. Staff recommends purchase of Vail-branded masks to be provided on a complimentary basis for distribution through the Welcome Centers during the winter season and for town staff. A combination of masks and buffs, both with filter pockets, would be purchased. Current estimates indicate that 10,000 face coverings would be purchased for $20,000. Proposed Funding for Economic Recovery Programs Town staff has included the following program cost estimates for second reading of the ordinance adopting the supplemental budget. This item will be considered during the evening meeting. ✓ $800K for winter operations enhancements, tent program implementation and town warming areas (may be partially reimbursed by CARES federal funding and potential state grant opportunities through the Department of Local Affairs and Office of Economic Development and International Trade) ✓ $45K for additional seasonal maintenance employees for tent program implementation (snow removal, security, maintenance of warming area locations) ✓ $110,000 for gift card program (may be reimbursed by CARES federal funding) ✓ $20K for TOV purchase of face coverings for distribution at Welcome Centers, through local businesses and to TOV staff Total funding for this above programming and for second reading of the budget supplemental ordinance is $975,000. Since April 2020, the Town of Vail has committed $2.7 M to date in economic recovery relief effort: Community Relief Fund at $500K Commercial Retail Relief Fund at $1M Winter Operations Enhancements at $845K Gift Card Program & Face Coverings at $130,000 Music Activations at $196K Attachments: ▪ Letter to Colorado Mayors from Governor Jared Polis September 15, 2020 - Page 60 of 85 136 State Capitol, Denver, CO 80203 | P 303.866.6390 | www.colorado.gov/governor Dear Colorado Mayors, On behalf of the State of Colorado, thank you for your continued commitment protecting the health and safety of your communities. Together, our leadership has saved lives, connected individuals to financial assistance, and stabilized our economy. Because o f our efforts to ensure social distancing, we have begun to slowly re-open our restaurants, stores, offices, and services that Coloradans rely on each and every day. But, there is more work that can be done together to assist families and businesses. Municipalities have employed successful solutions at the local level-- including the facilitation of expanded outdoor dining-- making a significant difference for Colorado restaurants across our state. We have continued our executive orders for temporary modifications to premises, and our state Liquor Enforcement Division (LED) has stood ready to assist restaurants with their questions and applications including approval within 24 hours for non-contiguous or contiguous outdoor liquor licenses. As we prepare for Winter operations, we are faced with new challenges to maintain social distancing and mitigate negative impacts to our economy. The fact that outdoor spaces are abundantly safer than indoor spaces will not change through the colder months of winter, pr esenting a significant challenge that we must be creative to overcome. In the spirit of our partnership, I would like to ask for your help in continuing expanded, safe outdoor dining through this Winter. The State, local communities, and the restaurant in dustry must work together to find creative ways to maintain expanded outdoor dining despite colder weather such as municipally operated fire pits, space heaters, and tenting. I’d like your partnership in distinguishing Colorado as a state that deploys creative solutions to help keep Coloradans outdoors, and support a valued and important industry. I ask that you continue to collaborate with restaurants in your communities to help address the challenges we will face this winter, including the use of grant programs, which can help cover the costs of maintaining expanded outdoor dining through the winter. These include the Coronavirus Relief Fund (www.cdola.colorado.gov/cvrf) through the Department of Local Affairs and various grant opportunities through the Office of Economic Development and International Trade (www.choosecolorado.com/covid19). Please let my office know how the State can be a more active partner in removing barriers that your communities and restaurants face in overcoming these challenges. Thank you in advance for your time and consideration. Sincerely, Jared Polis Governor September 15, 2020 - Page 61 of 85 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 Spence, P lanning Manager AT TAC H ME N TS : Description September 2, 2020 D R B Meeting Results September 14, 2020 PEC Meeting Agenda September 14, 2020 PEC Meeting Results September 15, 2020 - Page 62 of 85 DESIGN REVIEW BOARD September 2, 2020, 3:00 PM 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/WN_ovN2m2_VQ6ipP1jwRKaO0w After registering, you will receive a confirmation email containing information about joining the webinar. 1.2.Attendance Present: John Rediker, Kit Austin (joined late), Doug Cahill, Peter Cope, Joe St. John Absent: None 2.Main Agenda 2.1. 2.2. DRB20-0055.001 - Smith Residence Final review of a change to approved plans (exterior materials) Address/Legal Description: 895 Red Sandstone Circle/Lot 2, Vail Village Filing 9 Applicant: Peter Smith, represented by Krueger Architecture Planner: Jonathan Spence John Rediker moved to approve. Peter Cope seconded the motion and it passed (4-0). Absent: (1) Austin DRB20-0344 - Conn Residence Final review of an addition Address/Legal Description: 2425 Bald Mountain Road/Lot 21, Block 2, Vail Village Filing 13 Applicant: Julie Cox Conn, represented by Resort Design Architecture Planner: Jonathan Spence 1.Prior to requesting any final inspection, the applicant shall ensure that Unit B has a light installed to the right of the garage matching the new fixtures on Unit A. 2.All future exterior light fixtures for Unit B shall match the proposed fixtures approved for Unit A. John Rediker moved to approve with conditions. Peter Cope seconded the motion and it passed (5-0). September 15, 2020 - Page 63 of 85 2.3.D R B20-0327 - City Market Final review of an exterior alteration (parking/planters/signs) Address/Legal Description: 2109 North Frontage Road West/Vail Commons Condominiums Applicant: Town of Vail/Dillon Real Estate Co., represented by Zehren and Associates Planner: Erik Gates 1. Applicant shall remove the proposed curb between drive aisles 1 and 2 prior to applying for building permit. 2. Applicant shall show the proposed locations of cart corrals prior to applying for building permit. J ohn Rediker moved to approve with conditions. Kit Austin seconded the motion and it passed (5-0). 2.4.D R B20-0195 - Chase Bank Final review of a business sign Address/Legal Description: 141 East Meadow Drive/Lot P & Tract C, Block 5D, Vail Village Filing 1 Applicant: Solaris Commercial Owner L L C, represented by Roaring Fork Sign and Lighting Company L L C Planner: Greg Roy 1. No secondary awning allowed. The only awning shall be the one with the main sign above it. Kit Austin moved to approve with conditions. Peter Cope seconded the motion and it passed (5-0). 2.5.D R B20-0315 - Mitchell Residence Final review of an exterior alteration (windows/siding) Address/Legal Description: 4545 Bighorn Road/Lot 3-5, Block 1, Bighorn Subdivision 3rd Addition Applicant: Edward & Sharon Mitchell Planner: Greg Roy 1. Prior to submitting for building permit, the applicant shall remove the belly band on the east side of the building. J ohn Rediker moved to approve with conditions. Peter Cope seconded the motion and it passed (5-0). 2.6.D R B20-0354 - W oodings Residence Final review of an addition Address/Legal Description: 1694 Matterhorn Circle/Lot 12, Matterhorn Village Filing 1 Applicant: Samira Woodings, represented by Martin Manley Architects Planner: Greg Roy J ohn Rediker moved to approve. Peter Cope seconded the motion and it September 15, 2020 - Page 64 of 85 passed (5-0). 2.7.D R B20-0368 - Meadowridge Residence Final review of exterior alteration (windows/doors) Address/Legal Description: 1839 Meadow Ridge Road Unit A / Lot 13 & 14, Buffehr Creek Subdivision Applicant: Meadowridge A L L C, represented by Crockford Builders Planner: Greg Roy J ohn Rediker moved to table to a date uncertain. Peter Cope seconded the motion and it passed (5-0). 3.Staff Approvals 3.1.B20-0330 - Ronck Residence Final review of an exterior alteration (reroof) Address/Legal Description: 4301 Glen Falls Lane/Lot 1, Forest Glen Subdivision Applicant: Bryan & Catherine Ronck, represented by Plath Roofing I nc. Planner: J onathan Spence 3.2.B20-0348 - W allace Residence Final review of an exterior alteration (reroof) Address/Legal Description: 1487 Buffehr Creek Road/Tract A, Lion's Ridge Subdivision Filing 2 Applicant: Stephen & Erin Wallace, represented by Horn Brothers Roofing Planner: Glen Morgan 3.3.D R B20-0245 - 8816 Legacy LL C Final review of an exterior alteration (deck) Address/Legal Description: 1970 Chamonix Lane/Lot 35, Buffehr Creek Resubdivision Applicant: 8816 Legacy LLC Planner: Erik Gates 3.4.D R B20-0280 - Pavelich Residence Final review of an exterior alteration (deck/walkway/retaining wall) Address/Legal Description: 5137 Main Gore Drive North/Lot 7, Block 1, Bighorn Subdivision 5th Addition Applicant: J ohn & Nanct Pavelich, represented by Middleton I nc. Planner: J onathan Spence 3.5.D R B20-0297 - Savoie Residence Final review of an exterior alteration (walkway/patio) Address/Legal Description: 4266 Columbine Drive Unit W /Lot 20-3, Bighorn Subdivision Applicant: Peter & J ulie Savoie, represented by HMR Construction & Remodeling LLC September 15, 2020 - Page 65 of 85 Planner: Greg Roy 3.6.D R B20-0334 - Garcia Residence Final review of an exterior alteration (rock walls) Address/Legal Description: 3947 Lupine Drive Unit A/Lot 2, Block 1, Bighorn Subdivision 1st Addition Applicant: Stevan & Tanya Garcia Trust, represented by Hollywood Services Planner: Greg Roy 3.7.D R B20-0335 - Vantage Point Condominiums Final review of an exterior alteration (repaint) Address/Legal Description: 508 East Lionshead Circle/Lot 1, Block 1, Vail Lionshead Filing 1 Applicant: Vantage Point - Vail Condominiums, represented by Red Square I nterior Design Planner: J onathan Spence 3.8.D R B20-0343 - Hudkins Residence Final review of an exterior alteration (reroof) Address/Legal Description: 5025 Main Gore Place Unit 5B/Parcel 5, Sundial Phase 1 Applicant: Bruce & Lisbeth Hudkins, represented by Horizon Roofing Planner: Erik Gates 3.9.D R B20-0346 - Delaria Residence Final review of an exterior alteration (deck) Address/Legal Description: 2897 Timber Creek Drive Unit D26/Lodges at Timber Creek Phase I Applicant: Linda Delaria Planner: J onathan Spence 3.10.D R B20-0348 - Resnick Residence Final review of an exterior alteration (deck) Address/Legal Description: 1800 Lion's Ridge Loop/Lot 16, Dauphinais- Moseley Subdivision Filing 1 Applicant: J effrey & Helen Resnick, represented by Current Architects Planner: Erik Gates 3.11.D R B20-0353 - Duke Residence Final review of an exterior alteration (deck) Address/Legal Description: 2560 Kinnikinnick Road Unit F4/Meadow Creek Condominiums Applicant: R & D Duke Family Revocable Living Trust, represented by Hess Contracting I nc. Planner: J onathan Spence 3.12.D R B20-0355 - Urquhart Residence Final review of tree removal Address/Legal Description: 4846 J uniper Lane side A / Bighorn 5th Addition September 15, 2020 - Page 66 of 85 Applicant: Urquhart Family Living Trust, represented by Old Growth Tree Service Planner: J onathan Spence 3.13.D R B20-0356 - Pine Ridge Townhouses Final review of tree removal Address/Legal Description: 2195 Chamonix Lane Applicant: Pine Ridge Townhouse HOA, represented by Old Growth Tree Service Planner: J onathan Spence 3.14.D R B20-0357 - W eir-Tate Residence Final review of exterior alteration (windows & doors) Address/Legal Description: 933 Red Sandstone Road Unit 2 / Cottonwood Park Townhouses at Vail Applicant: Weir-Tate Family Partnership LP, represented by Nedbo Construction Planner: J onathan Spence 3.15.D R B20-0362 - Tresem Investments L LC Final review of an addition Address/Legal Description: 970 Fairway Court Unit B/Lot 5, Vail Village Filing 10 Applicant: Tresem I nvestments L L C Planner: J onathan Spence 3.16.D R B20-0364 - Davis Residence Final review of an exterior alteration (reroof) Address/Legal Description: 780 Potato Patch Drive/Lot 17, Block 1, Vail Potato Patch Filing 1 Applicant: J ohn Davis, represented by Arapahoe Roofing Planner: J onathan Spence 3.17.D R B20-0365 -Eagle Pointe Condominiums Final review of a tree removal Address/Legal Description: 1500 Matterhorn Circle/Eagle Point Condominiums Applicant: Eagle Pointe Condominiums, represented by Old Growth Tree Service Planner: J onathan Spence 3.18.D R B20-0366 - Coldwell Banker Final review of a business sign Address/Legal Description: 2111 North Frontage Road Unit C1/Vail Das Schone Condominiums Applicant: West Vail Associates LTD, represented by Lunsford Sign W orks Planner: J onathan Spence 3.19.D R B20-0367 - VanHoops Holdings L LC September 15, 2020 - Page 67 of 85 Final review of a tree removal Address/Legal Description: 2830 Aspen Court/Lot 15, Vail Village Filing 11 Applicant: VanHoops Holdings L L C, represented by Old Growth Tree Service Planner: Erik Gates 3.20.D R B20-0370 - Morgan Residence Final review of an exterior alteration (window) Address/Legal Description: 434 Gore Creek Drive Unit B5 / Lot B, Block 3, Vail Village Filing 5 Applicant: Karin Morgan Planner: J onathan Spence 3.21.D R B20-0372 - Gray Tornado Properties L LC Final review of an exterior alteration (reroof) Address/Legal Description: 5113 Black Bear Lane/Lot 5, Block 2, Gore Creek Subdivision Applicant: Gray Tornado Properties LLC, represented by W yndhill Roofing L L C Planner: J onathan Spence 3.22.D R B20-0384 - G C H Booth Falls LL C Final review of an exterior alteration (windows/A C/driveway) Address/Legal Description: 3090 Booth Falls Court Unit B/Lot 9, Block 2, Vail Village Filing 12 Applicant: GC H Booth Falls L L C, represented by Nett Designs Construction Planner: J onathan Spence 3.23.D R B20-0387 - Ski Vail LL C Final review of a tree removal Address/Legal Description: 483 Beaver Dam Road/Lot 1, Block 2, Vail Village Filing 6 Applicant: Vail Ski L L C, represented by Lindvall Mountain Real Estate 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. September 15, 2020 - Page 68 of 85 PLANNING AND ENVIRONMENTAL COMMISSION September 14, 2020, 1:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 The September 14, 2020 PEC meeting had not taken place by the time the Town Council packets were distributed. Results from this meeting will be e-mailed to all Town Council members the morning of the September 15, 2020 Council meeting as well as copies printed for distribution to Council and audience members. 1. Call to Order 1.1. Register in advance for this webinar: https://us02web.zoom.us/webinar/register/WN_3jfEJZt7RfKIv6Bbpks3vQ After registering, you will receive a confirmation email containing information about joining the webinar. 1.2. Attendance 2. Main Agenda 2.1. A request for review of a Major Exterior Alteration pursuant to Section 12- 7A-12, Exterior Alterations or Modifications, Vail Town Code, to allow for the conversion of two existing Employee Housing Units to Accommodation Units and replacing the Employee Housing Units off-site, located at 352 East Meadow Drive/Tract B Vail Village Filing 1, and setting forth details in regard thereto. (PEC20-0025) 45 min. Applicant: Vail Gravity Haus LLC, represented by Braun Associates, Inc. Planner: Greg Roy 2.2. A request for review of an exemption plat, pursuant to Title 13 Chapter 12, Exemption Plat, Vail Town Code, to allow for increases to the allowable Site Coverage and Gross Residential Floor Area (GRFA) allotment for individual lots within the Spraddle Creek Estates subdivision, and setting forth details in regard thereto. (PEC20-0015) 60 min. Applicant: Spraddle Creek Estates Homeowners, represented by Zehren and Associates Planner: Jonathan Spence 2.3. 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 12-15-2 GRFA Requirements by Zone District, Vail Town Code, to correct the error in the GRFA calculation table for the PA Zone District, and setting forth details in regard thereto. (PEC20-0020) 10 min. Applicant: Town of Vail Planner: 2.4. 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 12-16-7: Use Specific Criteria and Standards, Vail Town Code, to amend the use specific criteria for funiculars and other similar conveyances, and setting forth details in regard thereto. (PEC20- 0023) 5 min. September 15, 2020 - Page 69 of 85 Staff and the applicant request that this item be postponed to the October 12, 2020 public hearing. September 15, 2020 - Page 70 of 85 Applicant: LSC 27 LLC, represented by Mauriello Planning Group Planner: Jonathan Spence 3. Approval of Minutes 3.1. August 24, 2020 PEC Results 4. Adjournment The applications and information about the proposals are available for public inspection during regular office hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the project orientation and the site visits that precede the public hearing in the Town of Vail Community Development Department. Times and order of items are approximate, subject to change, and cannot be relied upon to determine at what time the Planning and Environmental Commission will consider an item. Please call (970) 479-2138 for additional information. Please call 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department Published in the Vail Daily September 11, 2020 September 15, 2020 - Page 71 of 85 P L ANNING AND E NV IRO NM E NTAL C O M M I S S IO N S eptember 14, 2020, 1:00 P M Virtual 75 S . F rontage Road - Vail, Colorado, 81657 1.Call to Order 1.1.Register in advance for this webinar: https://us02web.zoom.us/webinar/register/W N_3jf E J Zt7Rf K I v6Bbpks3vQ After registering, you will rec eive a confirmation email c ontaining information about joining the webinar. 1.2.Attendance Present: Ludwig Kurz, K aren Perez (joined late), Rollie K jesbo, Brian Gillette, Henry Pratt, Pete Seibert, J ohn-Ryan Lockman Absent: None 2.Main A genda 2.1.A request for review of a Major Exterior Alteration pursuant to Sec tion 12- 7A-12, Exterior Alterations or Modific ations, Vail Town C ode, to allow for the c onversion of two existing Employ ee Housing Units to A cc ommodation Units and replac ing the Employ ee Housing Units off-site, loc ated at 352 East Meadow Drive/Tract B Vail Village Filing 1, and setting forth details in regard thereto. (P E C 20-0025) 45 min. Applicant:Vail Gravity Haus LLC, represented by Braun A ssoc iates, I nc . Planner:Greg Roy Planner Roy introduced the projec t by explaining the plan for the addition of 2 ac commodation units at the Vail Mountain Lodge. He then explained the source of their current parking requirement and how the ac commodation units have a lower parking requirement. He then explained that employee housing generated by these units would be located off-site. Staff is supportive of this request. Commissioner Gillette: Asked a question about the employee generation requirement since the requirement is a frac tion of a unit. Roy : Explained how the employ ee generation and housing requirements are written and addressed by applic ants. Commissioner Pratt: Asked about c ode sec tion 12-13-5 and why it doesn’t apply. Planner Spence: Explained that section 12-13-5 is intended for removing existing deed restricted units, not for new deed restric tions and that as an amendment to a housing plan, the standards are the same as if it was a new housing plan which allows for offsite units. September 15, 2020 - Page 72 of 85 Gillette: Asked if a deed restriction was made for a unit bey ond their requirement, if that would allow them to “bank” that additional employee area. Roy : Explained that if they had another bedroom and the minimum square footage listed in the C ommercial Linkage table they c ould have excess to use for another employee generation in the future. Commissioner Lockman: Asked a question about constructing a new deed restric ted unit vs. buying a new deed restriction. Roy : The intent of the applicant is to buy an existing unit and deed restric t it, not to build a new unit. Vic e-C hair Perez joined the meeting at this point. Perez: Asked a question about how the development was noticing employ ees when vac ating existing employee housing units. The employ ees were given only a few day s’ notice to move out. Tom Braun: W asn’t sure about this situation specific ally but would want to look into more information about it. Said that the management of EHUs would have to comply with Town requirements. Perez and Gillette both asked that a record be made of this conc ern and asked that Town Council look into the ability of the Town to administrate eviction notice timeframes. This specific issue is not a consideration for the review of this P E C item. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (6-0). Abstain:(1)P erez 2.2.A request for a recommendation to the Vail Town Counc il for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town C ode to amend Section 12-15-2 GRFA Requirements by Zone D istrict, Vail Town C ode, to correc t the error in the GRFA calculation table for the PA Zone D istrict, and setting forth details in regard thereto. (P E C 20-0020) 10 min. Applicant:Town of Vail Planner:Greg Roy Planner Roy : Explained the need for the c orrection in the GRFA table Loc kman: Clarified that this appears to just be an error in the code. Roy : Explained that a previous code c hange in one section was not carried over to this GRFA table. Rollie Kjesbo moved to approve. Brian Gillette seconded the motion and it passed (7-0). 2.3.A request for review of an exemption plat, pursuant to Title 13 Chapter 12, Exemption Plat, Vail Town Code, to allow for increases to the allowable Site C overage and Gross Residential Floor Area (GRFA) allotment for individual lots within the Spraddle C reek Estates subdivision, and setting forth details in regard thereto. (P E C20-0015). Staff and the applicant request that this item be continued to the September 5 min. September 15, 2020 - Page 73 of 85 28, 2020 public hearing. Applicant:Spraddle Creek Estates Homeowners, represented by Zehren and Assoc iates Planner:J onathan S penc e Rollie Kjesbo moved to table to Oc tober 12, 2020. Brian Gillette sec onded the motion and it passed (7-0). 2.4.A request for a recommendation to the Vail Town Counc il for a Prescribed Regulation Amendment pursuant to Section 12-3-7 Amendment, Vail Town C ode to amend Section 12-16-7: Use Spec ific Criteria and Standards, Vail Town C ode, to amend the use specific criteria for funic ulars and other similar c onveyances, and setting forth details in regard thereto. (P E C 20- 0023) Staff and the applicant request that this item be tabled to the October 12, 2020 public hearing. 5 min. Applicant:L S C 27 LLC, represented by Mauriello P lanning Group Planner:J onathan S penc e Gillette: Asked what is bringing about this tableting. Spenc e: Some members of the applicant’s party were not available for this meeting and there was a small error in the noticing of this item. This is a request related to the use-related c riteria for funiculars. Brian Gillette moved to table to October 12, 2020. K aren P erez seconded the motion and it passed (7-0). 3.A pproval of Minutes 3.1.August 24, 2020 P E C Results Henry Pratt moved to approve. Brian Gillette seconded the motion and it passed (7-0). 4.A djournment Karen Perez moved to adjourn. Brian Gillette seconded the motion and it passed (7-0). The applic ations and information about the propos als are available for public inspection during regular offic e hours at the Town of Vail Community Development Department, 75 South Frontage Road. The public is invited to attend the projec t orientation and the site visits that prec ede the public hearing in the Tow n of Vail Community Development Department. Times and order of items are approximate, subjec t to c hange, and cannot be relied upon to determine at what time the Planning and Environmental Commission w ill cons ider an item. Please call (970) 479-2138 for additional information. Please c all 711 for sign language interpretation 48 hour prior to meeting time. Community Development Department September 15, 2020 - Page 74 of 85 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : V L HA Meeting R esults A ugust 25, 2020 AT TAC H ME N TS : Description V L H A Meeting R esults August 25, 2020 September 15, 2020 - Page 75 of 85 Vail Local Housing Authority Agenda August 25, 2020 3:00 PM Virtual 75 S. Frontage Road - Vail, Colorado, 81657 MEMBERS PRESENT MEMBERS ABSENT Steve Lindstrom Greg Moffet Molly Morales Mary McDougall James Wilkins, rejoined at 3: STAFF PRESENT STAFF ABSENT Lynne Campbell George Ruther 1. Call to Order 1.1. Zoom Meeting (1) Pre-Executive Session 1.2. Zoom Meeting (2) Post Executive Session 1.3. Call to Order A quorum is present, Lindstrom called the meeting to order at 3:04PM. 2. Citizen Participation 2.1. Citizen Participation There is no public comment. 3. Approval of Minutes 3.1. VLHA August 11, 2020 Meeting Results MOTION: MORALES SECOND: MC DOUGALL VOTE: 3-0-1 APPROVED Wilkins abstained, wasn’t present for 8/11/2020 meeting 4. Main Agenda 4.1. Incentives for Long-Term Rentals in the Town of Vail Discussion The Authority discussed potential long-term incentive options. A few ideas September 15, 2020 - Page 76 of 85 mentioned are • A method to match landlords with tenants, similar to what Vail Health developed, like using Craigslist search for rental listings. Morales provided a brief description of the app and process. • Perks for owners, i.e. parking pass, ski pass. How would a landlord qualify? Would perks be for a landlord who switched to long-term rentals? The Authority suggested listing long-term rental cost benefits on the webpage where owners can check comparables. Hinderances could be knowledge and time for someone to do a profit and loss (P&L) / comparables. Do other resort towns have a product like clearing house, a way to match landlords/tenants? Target is toward long-term owners who don’t use their properties part time of rent. The Authority will review again at the September 8th meeting. 5. Matters from the Chairman and Authority Members 5.1. Matters from the Chairman and Authority Members Presenter: Steve Lindstrom, Chairman Morales reminded the Authority she will contact appraisers regarding how EHUs are be evaluated. She is holding off contacting due to COVID-19 6. Executive Session 6.1 Executive Session per C.R.S. §24-6-402(4)(a)(e) - to discuss the purchase, acquisition, lease, transfer, or sale of property interests and to determine positions, develop a strategy and instruct negotiators, regarding: submitted Vail InDEED applications and program details. Presenter: Lynne Campbell, Housing Coordinator There were no Vail InDEED applications for review. 7. Any Action as a Result of Executive Session 7.1. Action as a Result of Executive Session No action required. 8. Adjournment 8.1. Adjournment 5:00PM (estimated time) Meeting adjourned at 3:30PM. MOTION: MC DOUGALL SECOND: MORALES VOTE: 4-0 APPROVED September 15, 2020 - Page 77 of 85 9. Future Agenda Items 9.1. • Housing Sites Discussion • Land Banking (sale of GRFA) • Public Health Housing Incentive, Eagle County Health 10. Next Meeting Date 10.1. Next Meeting Date September 8, 2020 Meeting agendas and materials can be accessed prior to meeting day on the Town of Vail website www.vailgov.com. All housing authority meetings are open to the public. Times and order of agenda are approximate, subject to change, and cannot be relied upon to determine at what time the Vail Local Housing Authority will discuss an item. Please call (970) 479-2150 for additional information. Please call 711 for sign language interpretation 48 hours prior to meeting time. Housing Department September 15, 2020 - Page 78 of 85 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : P roposed Future Agenda I tems AT TAC H ME N TS : Description Proposed Agenda Topics 091520 September 15, 2020 - Page 79 of 85 To: Mayor and Town Council From: Town Clerk’s Office Date: September 15, 2020 Subject: Proposed agenda topics for future meeting agendas The listing below reflects proposed topics to be scheduled at future Town Council meetings and is informational only. Dates and topics are subject to change. 6-Oct-20 Joint Session w/ VLHA fee in lieu payment rates for inclusionary zoning and commercial linkage CIP Budget Discussion Bike Share Program discussion Upcoming Winter Season Parking Recommendations Mobility & parking requirements amendment in housing zone districts Ordinance Economic Recovery Updates (ongoing programming: winter enhancements programming, sound/noise, etc.) Guest Experience Initiative Updates for Winter 2020-2021 20-Oct-20 Compensation & Benefits Discussion Homestake Reservoir Update Economic Recovery Updates (ongoing programming) 3-Nov-20 2021 Budget Presentation 17-Nov-20 Budget Ordinance 1st R First reading of mill levy certification ordinance 1-Dec-20 Budget Ordinance 2nd R & PH VLMD Resolution for VLMD Budget TOV Resolution for VLMD Budget Vail Reinvestment Authority Budget Resolution Second reading of mill levy certification ordinance First reading of 2020 Supplemental No. 3 15-Dec-20 Second reading of 2020 Supplemental No. 3 September 15, 2020 - Page 80 of 85 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : S eibert Memorial S culpture AT TAC H ME N TS : Description Seibert Memor ial S culpture memorandum September 15, 2020 - Page 81 of 85 To: Vail Town Council From: Molly Eppard, AIPP Coordinator Date: September 10, 2020 Subject: Information update on site for Pete’s Dream (Seibert Memorial Sculpture) Information update for the relocation of Pete’s Dream (Seibert Memorial Sculpture) to Mountain Plaza from the Gore Creek Promenade After evaluating the present Gore Creek Promenade placement of the sculpture, which was delivered in December 2019, discussions about a more appropriate site have taken place in the May and June 2020 AIPP meetings. Working with Vail Resorts and Town of Vail Public Works, a possible site at Mountain Plaza by Gondola One was identified and reviewed by the AIPP Board. The potential relocation would allow for a more viewer friendly and contextually significant location of the sculpture in closer proximity to the base of Vail Mountain. It would create a sense of place for the original intention of the commissioned work which represents Pete Seibert gesturing to the terrain of Vail Mountain alongside a Gore Valley Rancher. The sculpture would be oriented towards Vail Mountain where Pete Seibert and Earl Eaton made their ascent in March of 1957. This location would also situate Seibert looking towards Riva Ridge trail which furthers the connection between the 10th Mountain Division and his service in WWII. Seibert is also appropriately wearing a 10th Mountain Division hat in the sculpture and this would be a nice link to the popular 10th Mountain Division Legacy Days which take place at Mountain Plaza. Presently the work is placed with the figures facing retail shops along the back of the Sitzmark Lodge. With the increased picnic tables, benches, bike racks, and outside dining along the Gore Creek Promenade this summer, it has become confined in this highly trafficked area. Ultimately, the site at Mountain Plaza would allow for a pedestrian friendly viewing environment during both Summer and Winter. Relationship of sculpture scale to site has been assessed. Images attached. September 15, 2020 - Page 82 of 85 Town of Vail Page 2 Present Location (photos taken in the morning prior to the placed dining tables from the Left Bank directly across from the sculpture and numerous parked bicycles): September 15, 2020 - Page 83 of 85 Town of Vail Page 3 Proposed site at Mountain Plaza: September 15, 2020 - Page 84 of 85 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 at 5:30 pm (estimate) September 15, 2020 - Page 85 of 85