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HomeMy WebLinkAbout2020-10-06 Agenda and Supporting Documentation Town Council Evening Agenda VAIL TO W N C O U N C IL R E G U L AR ME E TIN G Evening Agenda Virtual 6:00 PM, O ctober 6, 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 c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citizen Participation (10 min.) 2.Any action as a result of executive session 3.Consent Agenda (5 min.) 3.1.Resolution No. 43, Series of 2020, A Resolution Supporting The Colorado River Water Conservation District Ballot I nitiative to Protect Western Colorado W ater Resources Through an I ncreased Mill Levy. Action Requested of Council: Approve or deny Resolution No. 43, Series of 2020 Background: As a decades-long drought is causing the flow of our West Slope water in the Colorado River and its tributaries to shrink, there is unprecedented demand for that water from cities on the East Slope and W est Coast. As this is is occurring the resources available to protect drinking water supplies, wildlife, fish and recreation are dwindling from a combination of the effects of Gallagher, Tabor and reduced revenue from the energy sector. The River District proposes an additional property tax mill levy of .248 mills to support protection of these resources. Staff Recommendation: Approve Resolution No. 43, Series of 2020. 3.2.Resolution No. 45, Series 2020, A Resolution of the Vail Town Council Approving Funding for Outdoor Tenting and Authorizing the Town Manager to provide for the proper Administration of the Funds. Action Requested of Council: Approve, amend or deny Resolution No. 45, Series of 2020. Background: On March 10, 2020, the Governor of the State of Colorado recognized the C OV I D-19 pandemic and declared a state of October 6, 2020 - Page 1 of 99 emergency. Colorado Governor J ared Polis extended his support and encouraged local officials to continue their partnerships with the restaurants in supporting programs that expand outdoor winter operations to help address challenges of the public health crisis. Staff Recommendation: Approve Resolution No. 45, Series of 2020 3.3.Funding Agreement with Vail Valley Foundation (for Magic of Lights Guest Experience 2020-2021 Season) Background: The Town encourages and supports community events, because such events promote the public health, safety and welfare. The Vail Valley Foundation would produce an event in the Town on or about December 1 – J anuary 15. Staff Recommendation: Authorize the Town Manager to enter into an agreement with Vail Valley Foundation in an amount not to exceed $250,000 for the event Magic of Lights. 3.4.Vail Bus Barn Electric Upgrade Backup Generator Contract Award Background: The generator is part of the electric improvements at the Town of Vail Bus Storage Facility at the Public Works Shop. The project is out to bid, certain components of the project are owner supplied, including the backup generator. The backup generator ensures continuous charging during power outages. Staff Recommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Cummins to purchase a 1000kw generator and associated equipment for the Vail Bus Barn at Public W orks in the amount not to exceed $ 241,685. 4.Town Manager Report (15 min.) 4.1.Update on Temporary Location for Children's Garden of Learning Action Requested of Council: I nformational only. Background: An update will be presented about the temporary location for Children's Garden of Learning as part of the Town Council's initiative to prioritize child learning centers in Vail. The town and C GL have been evaluating appropriate locations for relocating C GL to a temporary facility and will prioritize in coming months the search for the most appropriate permanent location in Vail. 4.2.Update on I n-Person Public Meetings 5.Action Items 5.1.Parking and Transportation Task Force Recommended W inter 2020-2021 Parking Program 15 min Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Approve or approve with modifications the W inter 2020-2021 Parking Program as recommended by the Parking and Transportation Task Force. Background: The purpose of this item is to: Provide Town Council the Parking and Transportation Task Force (PATTF) recommendation for W inter 2020-2021 Parking Program October 6, 2020 - Page 2 of 99 Request Town Council approve the W inter 2020-2021 Parking Program Staff Recommendation: Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the W inter 2020-2021 Parking Program. 5.2.Resolution No. 42, Series 2020, a resolution supporting Town of Vail Ballot I ssue 2G regarding Gallagher Stabilization. 10 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: Approve, amend or deny Resolution No. 42, Serie of 2020 Background: The Vail Town Council has placed Ballot I ssue 2G on the ballot in the November 3, 2020, Eagle County, Colorado General Mail Ballot Election, which would authorize, but not require, the Vail Town Council to adjust Vail’s mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the Gallagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Vail services. Staff Recommendation: Approve Resolution No. 42, Series of 2020 5.3.Resolution No. 44, Series of 2020, A Resolution of the Vail Town Council Providing for an Extension of the Approved Development Plan for the Booth Heights Development 10 min. Presenter(s): Scott Robson, Town Manager Action Requested of Council: Formal action with a motion is requested. Background: A Resolution further extending the term of the development plan approval for the Booth Heights Project to ensure there is adequate time for all parties to meet their respective goals related to implementation of an alternative housing site initiative which is a collaboration of the Town of Vail, Vail Resorts and Triumph Development. This progressive land-use planning and development effort is focused on creating positive impacts on a range of community priorities including the creation of additional deed-restricted housing, improvement of critical wildlife habitat and enhancement of childcare facilities in Vail. 5.4.Ordinance No. 11, Series of 2020, First Reading - Ordinance Amending Title 12, Zoning Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, Amending Section 12-15-2 - GRFA Requirements by Zone District; and Setting Forth Details in Regard Thereto 10 min. Presenter(s): Greg Roy, Planner Action Requested of Council: Approve Ordinance No. 11, Series of 2020, on First Reading. Background: Ordinance No 23, Series of 1999, increased the allowable GRFA, but there was no corresponding change to the table in Section 12- 15-2. This ordinance corrects that table to match the code change. Staff Recommendation: Approve Ordinance No. 11, Series of 2020, on First Reading 5.5.Ordinance No. 12, Series of 2020 - First Reading of an Ordinance Repealling and Reenacting Chapter 7 of Title 4 of the Vail Town Code, Relating to Contractor Registration, and Enacting a new Section of 10-1-14 of the Vail Town Code, Relating to the Board of Appeals. 20 min. Presenter(s): C J J arecki, Chief Building Official Action Requested of Council: Approve, Approve with Conditions or Deny Ordinance No. 12, Series of 2020 on First Reading. October 6, 2020 - Page 3 of 99 Background: Construction activity throughout Eagle County is continuing its upward trend, even throughout the pandemic, and remains to be a critical economic driver within the region. Due to an overall shortage of local skilled labor, homeowners, developers, and designers are seeing assistance from contractors located outside of the region - even out of state. This ordinance will ensure that all contractors, local or otherwise, that request to perform work within the Town of Vail are duly qualified to complete such work. 6.Adjournment 6.1.Adjournment 8:05 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. October 6, 2020 - Page 4 of 99 Vail Rotary Duck Race Recap September 16, 2020 TITLE | 2 Duck Race Overview •Held on Sunday, September 6 •4,350 ducks adopted •Smaller race in many ways: –Ducks: 100 vs 12,000 –Volunteers –Footprint TITLE | 3 Total Raised As we raised over $53,000 TITLE | 4 Nonprofit Partners Eagle Valley Senior Life Edwards Rotary Club Vail Youth Ballet Company Western Eagle Valley Rotary Club TITLE | 5 Photos TITLE | 6 Photos TITLE | 7 Photos TITLE | 8 Thanks to: •Town of Vail –Jeremy Gross and his team! •Vail Rotary Club •Nonprofit Partners •Boy Scouts •Engel & Völkers •All sponsors •All adopters 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: Resolution No. 43, S eries of 2020, A Resolution S upporting The Colorado River Water Conservation District Ballot I nitiative to Protect Western Colorado Water Resources Through an I ncreased Mill L evy. AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or deny Resolution No. 43, Series of 2020 B AC K G RO UND: As a decades-long drought is causing the flow of our West S lope water in the Colorado River and its tributaries to shrink, there is unprecedented demand for that water from cities on the E ast S lope and West Coast. A s this is is occurring the resources available to protect drinking water supplies, wildlife, fish and recreation are dwindling from a combination of the effects of Gallagher, Tabor and reduced revenue from the energy sector. T he River District proposes an additional property tax mill levy of .248 mills to support protection of these resources. S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 43, Series of 2020. AT TAC H ME N TS: Description Resolution No 43, Series of 2020 October 6, 2020 - Page 5 of 99 RESOLUTION NO. 43 Series of 2020 A RESOLUTION SUPPORTING THE COLORADO RIVER WATER CONSERVATION DISTRICT BALLOT INITIATIVE TO PROTECT WESTERN COLORADO WATER RESOURCES THROUGH AN INCREASED MILL LEVY WHEREAS, the Colorado River Water Conservation District (Colorado River District) is a public entity with a mission to lead protection, conservation, use and development of the water resources of the Colorado River Basin for the welfare its residents and to safeguard for Colorado all the waters of the Colorado River to which the State of Colorado is entitled; WHEREAS, the Town works closely with the Colorado River District on both intrastate and interstate water matters of interest; WHEREAS, it is critical to the people of Western Colorado that the Colorado River District continue to be a strong and effective voice on water matters affecting Western Colorado water users; WHEREAS, the Colorado River District’s revenues are declining due to reduced energy production and prices, impacts of the Gallagher Amendment and the revenue limitations in the Taxpayers Bill of Rights; WHEREAS, the Board of Directors of the Colorado River District has certified and directed that the following ballot question (7A) be placed in the November 2020 election across the District’s 15 counties: Shall Colorado River Water Conservation District, also known as the Colorado River District, taxes be increased by an amount up to $4,969,041 in 2021 (which increases amounts to approximately $1.90 in 2021 for every $100,000 in residential property value), and such amounts as are generated annually thereafter from an additional property tax levy of .248 mills (for a total mill levy of 0.5 mills) to enable the Colorado River District to protect and safeguard Western Colorado by: o Fighting to keep water on the Western Slope; o Protecting adequate water supplies for West Slope Farmers and Ranchers; o Protecting sustainable drinking water supplies for West Slope communities; and o Protecting fish, wildlife, and recreation by maintaining river levels and water quantity; Provided that the District will not utilize these additional funds for the purpose of paying to fallow irrigated agriculture; with such expenditures reported to the public in an annually October 6, 2020 - Page 6 of 99 published independent financial audit; and shall all revenues received by the District in 2021 and each subsequent year be collected retained and spent notwithstanding any limits provided by law?; WHEREAS, we believe that the revenues that will be raised if the above ballot question is approved by the voters are critical to the Colorado River District being able to continue its mission and be a strong and effective advocate on issues and importance to water users on the Western Slope of Colorado; NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: The Vail Town Council strongly supports the Colorado Rover District’s ballot question set forth above. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of October 2020. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk October 6, 2020 - Page 7 of 99 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: Resolution No. 45, S eries 2020, A Resolution of the Vail Town Council A pproving Funding for Outdoor Tenting and Authorizing the Town Manager to provide for the proper A dministration of the Funds. AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, amend or deny Resolution No. 45, Series of 2020. B AC K G RO UND: On March 10, 2020, the Governor of the State of Colorado recognized the C O V I D-19 pandemic and declared a state of emergency. Colorado Governor J ared Polis extended his support and encouraged local officials to continue their partnerships with the restaurants in supporting programs that expand outdoor winter operations to help address challenges of the public health crisis. S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 45, Series of 2020 AT TAC H ME N TS: Description Res. No. 45 Approving Tent Program Funding 100620 October 6, 2020 - Page 8 of 99 1 10/2/2020 RESOLUTION NO. 45 SERIES 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING FUNDING FOR OUTDOOR TENTING AND AUTHORIZING THE TOWN MANAGER TO PROVIDE FOR THE PROPER ADMINISTRATION OF THE FUNDS WHEREAS, on March 10, 2020, the Governor of the State of Colorado recognized the COVID-19 pandemic and declared a state of emergency; WHEREAS, on March 13, 2020, the Town Manager declared a disaster emergency in and for the Town of Vail, Colorado, pursuant to the Colorado Disaster Emergency Act, C.R.S. § 24- 33.5-701, et seq. (the "Act"), and Section 13.5 of the Town's Home Rule Charter; WHEREAS, the emergency conditions caused by the COVID-19 pandemic, as defined by C.R.S. § 24-33.5-702 and the Charter, persist and require additional and sustained action by the Town; and WHEREAS, Colorado Governor Jared Polis extends his support and encourages local officials to continue their partnerships with the restaurants in supporting programs that expand outdoor winter operations to help address challenges of the public health crisis; WHEREAS, the Town Council finds and determines that the establishment of funding, not to exceed $500,000, to assist eating and drinking establishments with creating additional covered and heated areas (the “Funding”) is in the best interest of the public health, safety and welfare. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The Town Council hereby approves the Funding and authorizes the Town Manager to take such actions necessary for the implementation of a tenting program with the Funding, including but limited to executing agreements on behalf of the Town with Event Rents Denver LLC, and other private business owners, in a form approved by the Town Attorney. INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th DAY OF OCTOBER 2020. ______________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk October 6, 2020 - Page 9 of 99 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: F unding A greement with Vail Valley F oundation (for Magic of L ights Guest E xperience 2020-2021 Season) B AC K G RO UND: The Town encourages and supports community events, because such events promote the public health, safety and welfare. The Vail Valley F oundation would produce an event in the Town on or about December 1 – J anuary 15. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement with Vail Valley F oundation in an amount not to exceed $250,000 for the event Magic of L ights. AT TAC H ME N TS: Description Funding Ag with V V F (Magic of Lights) 100620 October 6, 2020 - Page 10 of 99 1 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX AGREEMENT FOR FUNDING CONTRIBUTION THIS AGREEMENT FOR FUNDING CONTRIBUTION (the "Agreement") is made and entered into this 6 day of October, 2020 (the "Effective Date"), by and between the Town of Vail, 75 South Frontage Road, Vail, CO 81657, a Colorado home rule municipal corporation (the "Town"), and Vail Valley Foundation, an independent contractor with a principal place of business at 90 W Benchmark Rd #300, Avon, CO 81620, ("Recipient") (each a "Party" and collectively the "Parties"). WHEREAS, the Town encourages and supports community events, because such events promote the public health, safety and welfare; WHEREAS, Recipient is producing events in the Town on or about December 1 – January 15; WHEREAS, the Town Council has agreed to provide funding to Recipient to assist in the Magic of Lights (the "Event"); WHEREAS, the Event has been designated by the Town as a Town Council funded Event; and WHEREAS, in exchange for Town funding, Recipient is willing to comply with the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the consideration hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. RECIPIENT'S DUTIES A. Recipient shall plan, organize, promote and carry out the Event as described in Event Description set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. At least 30 days prior to the start of the Event, Recipient shall complete and submit all permits that may be required for the Event by use of the Town special event permits website: www.vailpermits.com. All such applications shall be submitted under the name of Recipient. C. Recipient shall comply with all applicable regulations pertaining to the production of special events in the Town, including without limitation: the special event permit application; ; the Town Logo Standards, Vail Mountain Brand and Logo Guidelines, found at http://bit.ly/2hnGZ8f; and the Town's marketing checklist, attached hereto as Exhibit B and incorporated herein by this reference. D. If required by the CSE Recipient shall allow the Town to perform market research and attendee surveys during or after the Event by an independent, third-party October 6, 2020 - Page 11 of 99 2 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX economic impact research firm hired by the Town. Further, Recipient shall share attendee contact information with the research firm, or send a web survey link provided by said firm to its participant/ticket sales database as directed by the Town. The Town shall share survey data and analysis with Recipient for its use and inclusion in the post- event report. E. Recipient shall schedule and complete a post-event report and meeting with the CSE within 60 days following the close of the Event. Recipient shall include in its report any non-confidential data from the Event it deems relevant to the Town's review and assessment of the Event. The Town will provide a PowerPoint template for Recipient's use in preparing the report, and the finished PowerPoint shall be submitted to the Town a minimum of 7 days prior to the date scheduled for the post-event meeting. F. Following the event, Recipient agrees to e-mail Event attendees and, in such e-mail, provide a link and invitation to connect with the Town's marketing website. G. Prior to the final payment being issued, recipient shall provide the Town Finance Director with actual results from the event including all sources of revenue and event expenditures according to the form attached hereto as Exhibit D. Supporting records may be requested by the town. H. The Town shall be entitled to complimentary advertising, photography, and other exposure as part of any of the promotional or informational material Recipient causes to be prepared for the Event. I. Recipient shall ensure that all lodging marketing and lodging inquiries relating to the Event are directed to properties within the Town whenever reasonably possible. J. The Town may download video or photographs of the Event for promotional or editorial purposes (the "Event Media") at no charge, as follows: 1. As part of Recipient's post-event report, Recipient shall provide the Town with a link for the download location for the Event Media. 2. Recipient hereby transfers, sells, and assigns to the Town all of its right, title, and interest in the Event Media. The Town may, with respect to all or any portion of the Event Media, use, publish, display, reproduce, distribute, destroy, alter, retouch, modify, adapt, translate, or change the Event Media without providing notice to or receiving consent from Recipient. K. The Town shall be entitled to receive title sponsor recognition for its support of the event. October 6, 2020 - Page 12 of 99 3 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX L. If applicable, any additional sponsor benefits required to be provided by Recipient to the Town pursuant to this Agreement shall be set forth in Exhibit C, attached hereto and incorporated herein by this reference. II. TERM AND TERMINATION A. This Agreement shall commence on the Effective Date, and shall continue until Recipient completes the Event and all responsibilities imposed by this Agreement unless sooner terminated as provided herein. B. Either Party may terminate this Agreement upon 30 days advance written notice. If Recipient terminates this Agreement prior to Recipient's completion of the Event, Recipient shall refund all portions of the Total Contribution already paid. If the Town terminates this Agreement due to Recipient's breach of this Agreement, the Town is not obligated to make any additional payments and may seek repayment by Recipient of any portion of the Total Contribution already paid. III. CONTRIBUTION A. If Recipient satisfies the conditions of this Agreement, the Town will pay Recipient $250,000 (the "Total Contribution") in two payments, as set forth below. 1. Payment One: 66%% of the Total Contribution ($165,000), payable upon: Recipient executing this Agreement with a completed and signed marketing checklist, and Recipient's completion and submittal of the Sponsor Benefits, and submittal of an operating plan to the Event Review Committee, and Recipient’s invoice number one. 3. Payment Two: 34% of the Total Contribution ($85,000), following the presentation of a post-event report in compliance with this Agreement and following approval by the CSE affirming that all requested information has been provided and that Recipient and the Event have met all conditions for funding and has submitted invoice number two. Payment two may be reduced or eliminated by the CSE if Recipient's post-event report does not include all required information or if Recipient has failed to meet all conditions of this Agreement. B. Recipient expressly acknowledges that the Total Contribution may be reduced if Recipient fails to produce satisfactory evidence that Recipient has fully complied with all conditions of this Agreement and all other applicable conditions of the permit. Recipient further acknowledges that the Total Contribution may be reduced by the Town as compensation for any outstanding debt Recipient owes the Town including without limitation unpaid contracts for service or unpaid taxes. October 6, 2020 - Page 13 of 99 4 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX IV. RESPONSIBILITY A. Recipient hereby warrants that it is qualified to assume the responsibilities to carry out the Event and has all requisite corporate authority and licenses in good standing, required by law. The Event shall comply with all applicable laws, ordinances, rules and regulations. B. The Town's review, approval or acceptance of, or payment for any portion of the Event shall not be construed to operate as a waiver of any rights under this Agreement or as a waiver of any cause of action arising out of the performance of this Agreement. C. Recipient may employ subcontractors to plan, organize, promote or carry out all or portions of the Event, provided that Recipient shall ensure that all such subcontractors comply with the terms and conditions of this Agreement. V. INDEPENDENT CONTRACTOR Recipient is an independent contractor. Notwithstanding any other provision of this Agreement, all personnel assigned by Recipient to perform work on the Event under the terms of this Agreement shall be, and remain at all times, employees or agents of Recipient for all purposes. Recipient shall make no representation that it is a Town employee for any purpose. VI. INSURANCE A. Recipient agrees to procure and maintain, at its own cost, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations of or related to the Event. At a minimum, Recipient shall procure and maintain, and shall cause any subcontractor to procure and maintain, the insurance coverages listed below, with forms and insurers acceptable to the Town. 1. Worker's Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $2,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. October 6, 2020 - Page 14 of 99 5 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX B. Such insurance shall be in addition to any other insurance requirements imposed by law. The coverages afforded under the policies shall not be canceled, terminated or materially changed without at least 30 days prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees or its contractors shall be excess and not contributory insurance to that provided by Recipient. Recipient shall be solely responsible for any deductible losses under any policy. C. Recipient shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. VII. INDEMNIFICATION Recipient agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the Event or this Agreement if such injury, loss, or damage is caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of Recipient, any subcontractor of Recipient, or any officer, employee, representative, or agent of Recipient, or which arise out of a worker's compensation claim of any employee of Recipient or of any employee of any subcontractor of Recipient. VIII. ILLEGAL ALIENS A. Certification. By entering into this Agreement, Recipient hereby certifies that, at the time of this certification, it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that Recipient will participate in either the E-Verify Program administered by the United States Department of Homeland Security and Social Security Administration or the Department Program administered by the Colorado Department of Labor and Employment to confirm the employment eligibility of all employees who are newly hired to perform work under this Agreement. B. Prohibited Acts. Recipient shall not knowingly employ or contract with an illegal alien to perform work under this Agreement, or enter into a contract with a subcontractor that fails to certify to Recipient that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Verification. October 6, 2020 - Page 15 of 99 6 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX 1. If Recipient has employees, Recipient has confirmed the employment eligibility of all employees who are newly hired to perform work under this Agreement through participation in either the E-Verify Program or the Department Program. 2. Recipient shall not use the E-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. 3. If Recipient obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien who is performing work under this Agreement, Recipient shall: notify the subcontractor and the Town within 3 days that Recipient has actual knowledge that the subcontractor is employing or contracting with an illegal alien who is performing work under this Agreement; and terminate the subcontract with the subcontractor if within 3 days of receiving the notice required pursuant to subsection 1 hereof, the subcontractor does not stop employing or contracting with the illegal alien who is performing work under this Agreement; except that Recipient shall not terminate the subcontract if during such 3 days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien who is performing work under this Agreement. D. Duty to Comply with Investigations. Recipient shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation conducted pursuant to C.R.S. § 8-17.5-102(5)(a) to ensure that Recipient is complying with the terms of this Agreement. E. Affidavits. If Recipient does not have employees, Recipient shall sign the "No Employee Affidavit" attached hereto. If Recipient wishes to verify the lawful presence of newly hired employees who perform work under the Agreement via the Department Program, Recipient shall sign the "Department Program Affidavit" attached hereto. IX. FORCE MAJEURE; WEATHER A. If performance or completion of the Event is rendered impossible by an act or regulation of any public authority, an act of God, strike, civil tumult, war, pandemic or other health related epidemic, or interruptions of transportation services, or any other proven cause beyond Recipient's control other than inclement weather, it is understood and agreed to by Recipient and the Town that there shall be no claim for damages by either Party and all monies advanced to Recipient will be returned to the Town. B. The Town shall determine in its sole discretion if the Event should be cancelled due to inclement weather. If the Event is cancelled prior to its commencement due to inclement weather and Recipient is present and able to perform, or if the Event October 6, 2020 - Page 16 of 99 7 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX begins and is subsequently cancelled by the Town due solely to inclement weather, Recipient shall be deemed to have complied with this Agreement. X. MISCELLANEOUS A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. B. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. C. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. D. Third Parties. There are no intended third-party beneficiaries to this Agreement. E. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail to the Party at the address set forth on the first page of this Agreement. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. G. Modification. This Agreement may only be modified upon written agreement of the Parties. H. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties hereto, shall be assigned by either Party without the written consent of the other. I. Governmental Immunity. The Town and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Town and its officers, attorneys or employees. J. Rights and Remedies. The rights and remedies of the Town under this Agreement are in addition to any other rights and remedies provided by law. The expiration of this Agreement shall in no way limit the Town's legal or equitable remedies, or the period in which such remedies may be asserted, for work negligently or defectively performed. October 6, 2020 - Page 17 of 99 8 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX K. Subject to Annual Appropriation. Consistent with Article X, § 20, of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: __________________________________ Tammy Nagel, Town Clerk RECIPIENT By: ________________________________ STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of ________________, 2020, by ____________________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public October 6, 2020 - Page 18 of 99 9 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX EXHIBIT A EVENT DESCRIPTION A roughly ½ mile family friendly, winter lighting walkthrough experience offering guests a socially distanced activity to complement their winter experience in Vail. The lighting display will include up to 500,000 lights on 2d and 3d winter themed structures placed throughout ford park. The themes are proposed to be generally agnostic as the program will run through the holidays, until approximately Martin Luther King day. Tickets would be approx.. $15/adult and $5 per child. The full walkthrough would take approx. 20-30 minutes. Additional programming such as fire pits, smore stations, warming areas, etc. are proposed by the Vail Valley Foundation for the immediate area of the Magic of Lights Walk. October 6, 2020 - Page 19 of 99 10 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX EXHIBIT B MARKETING CHECKLIST Recipient agrees to the placement of the Town logo as directed on marketing and promotional materials it produces or causes to be produced for the Event as appropriate to the Town's level of sponsorship. Recipient shall complete the checklist and upload here: https://webportalapp.com/sp/home/2020events. Recipient also agrees to the following provisions: • Town approval is required for incorporation of marketing of program into existing town events including including Revely and Vail Holidays • Town approval is required for all Event marketing materials for publication regardless of medium. • Town approval is required for any proofs that include the Town or Vail Mountain logo. • Items requiring Town approval must be submitted to the Town a minimum of 14 days prior to publication. • The Town may reduce its Total Contribution for marketing items that Recipient fails to submit properly and in a timely manner. • Recipient shall use the Town logo and shall make Town social media mentions and hashtags wherever reasonably possible. In doing so, Recipient shall comply with the Town's exact usage guidelines. October 6, 2020 - Page 20 of 99 11 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX EXHIBIT C SPONSOR BENEFITS FORM The following additional benefits are due to the Town of Vail in consideration of the event funding: • Town of Vail will be listed in all applicable materials as the Title Sponsor of the event. Title sponsorship will remain for the subsequent 2 years of the event, regardless of sponsorship level in subsequent years. • As title sponsor, Town of Vail will retain marketing direction for the event for a three-year period. Magic of Lights may be promoted as an event element of another Town of Vail initiative (ie. Revely Vail, Discover Vail) • Town of Vail will receive logo placement on all marketing materials and digital assets. Logo choice will be made by the Town of Vail. Town of Vail, Discover Vail and or Revely Vail may be used. • Town of Vail will receive access for all employees to attend 1 night of Magic of Lights programming. Approximately 350 employees and their families. • VVF intends to continue this activation for at least 2 subsequent years. The funding for years 2 and 3 will not exceed $50,000 per year. • Magic of Lights and VVF will need approval from the Town of Vail to host any other lighting events within 200 miles of Vail, CO until after 1/1/2024. October 6, 2020 - Page 21 of 99 12 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX Exhibit D Program Budget Estimated Actual Total Expenses $624,500.00 $0.00 Site/Location/Operations Estimated Actual Food & Beverage Estimated Actual Permit $1,000.00 Social food + Beverage $0.00 Insurance $2,000.00 Non-social food + Beverage $0.00 Sound/AV - FM Broadcaster, Speakers, Am $2,500.00 <insert Other>$0.00 Construction or Equipment - Telehandler/M $9,000.00 <insert Other>$0.00 Trash/Composting $10,000.00 Total $0.00 $0.00 Utilities $3,000.00 Labor - Project Manager & contract labor $20,000.00 Program/Lodging Estimated Actual Mountainside Production Power/Support $5,000.00 Entertainment $0.00 Labor - Set up $45,000.00 Speakers $0.00 Labor - Breakdown $16,000.00 Travel $0.00 Snow Removal $2,000.00 Hotel $0.00 Banners - Printing & $1,500.00 <insert Other>$0.00 Signage $5,000.00 <insert Other>$0.00 LED Light Purchase & consumables $400,000.00 <insert Other>$0.00 Port-a-Potties $5,000.00 <insert Other>$0.00 Lodging & Transpo $5,000.00 Total $0.00 $0.00 IT & Ticketing $5,000.00 Additional Activation (s'mores pits, etc…)$10,000.00 Prizes Estimated Actual Ticketing Service Fee $32,500.00 Prizes $0.00 Miscellaneous & Damage Contingency $10,000.00 Cash Purse $0.00 Charitable Contribution $5,000.00 Total $0.00 $0.00 Total $594,500.00 $0.00 Marketing Estimated Actual MARKETING TOTAL BUDGET $30,000.00 Advertising - Radio $0.00 Advertising - Print $0.00 Advertising - Social Media $0.00 Public Relations $0.00 Sales Team Expenses $0.00 Media TV, Production & Distribution $0.00 Graphic Design $0.00 Website $0.00 Collateral Materials $0.00 Printing $0.00 <insert Other>$0.00 Total $30,000.00 $0.00 Event/Program Budget for MAGIC OF LIGHTS VAIL > Expenses October 6, 2020 - Page 22 of 99 13 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX Estimated Actual Total Income $651,250.00 $0.00 Tickets/Admissions Estimated Actual Estimated Actual 15000 Adults @ $15.00 $225,000.00 12500 Children 3 - 12 @ $5.00 $62,500.00 5000 Locals @ $10.00 $50,000.00 32500 Service Fee @ $1.50 $48,750.00 $386,250.00 $0.00 Programs/Advertising - N/A Estimated Actual Estimated Actual 0 Covers @ $0.00 $0.00 0 Half-pages @ $0.00 $0.00 0 Quarter-pages @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Exhibitors/vendors =- N/A Estimated Actual Estimated Actual 0 Large booths @ $0.00 $0.00 0 Med. booths @ $0.00 $0.00 Small booths @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 <Insert Other> @ $0.00 $0.00 0 <Insert Other> @ $0.00 $0.00 $0.00 $0.00 Revenue from other items Estimated Actual Estimated Actual 3 Cash Sponsorships @ $5,000.00 $15,000.00 0 In Kind Sponsorships @ $0.00 $0.00 0 Donations @ $0.00 $0.00 1 CSE Funding @ $250,000.00 $250,000.00 0 Grants @ $0.00 $0.00 $265,000.00 $0.00 Event/Program Budget for MAGIC OF LIGHTS VAIL > Income October 6, 2020 - Page 23 of 99 14 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX Estimated Actual Total income $651,250.00 $0.00 Total expenses $624,500.00 $0.00 Total profit (or loss)$26,750.00 $0.00 Event/Program Budget for MAGIC OF LIGHTS VAIL > Profit - Loss Summary $0.00 $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00 Estimated Actual Total income Total expenses October 6, 2020 - Page 24 of 99 15 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX NO EMPLOYEE AFFIDAVIT [To be completed only if Recipient has no employees] 1. Check and complete one: I, _______________________________, am a sole proprietor doing business as __________________________. I do not currently employ any individuals. Should I employ any employees during the term of my Agreement with the Town of Vail (the "Town"), I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. OR I, ______________________________, am the sole owner/member/shareholder of ___________________________, a ______________________________ [specify type of entity – i.e., corporation, limited liability company], that does not currently employ any individuals. Should I employ any individuals during the term of my Agreement with the Town, I certify that I will comply with the lawful presence verification requirements outlined in that Agreement. 2. Check one. I am a United States citizen or legal permanent resident. The Town must verify this statement by reviewing one of the following items:  A valid Colorado driver's license or a Colorado identification card;  A United States military card or a military dependent's identification card;  A United States Coast Guard Merchant Mariner card;  A Native American tribal document;  In the case of a resident of another state, the driver’s license or state-issued identification card from the state of residence, if that state requires the applicant to prove lawful presence prior to the issuance of the identification card; or  Any other documents or combination of documents listed in the Town’s “Acceptable Documents for Lawful Presence Verification” chart that prove both Recipient’s citizenship/lawful presence and identity. OR I am otherwise lawfully present in the United States pursuant to federal law. Recipient must verify this statement through the federal Systematic Alien Verification of Entitlement ("SAVE”) program, and provide such verification to the Town. ____________________________________ __________________________ Signature Date October 6, 2020 - Page 25 of 99 16 10/2/2020 HTTPS://VAILCOGOV-MY.SHAREPOINT.COM/PERSONAL/PMCKENNY_VAILGOV_COM/DOCUMENTS/GUEST EXPERIENCE/CSE FUNDING AGREEMENT 2020 - MAGIC OF LIGHTS - FINAL (1).DOCX DEPARTMENT PROGRAM AFFIDAVIT [To be completed only if Recipient participates in the Department of Labor Lawful Presence Verification Program] I, ________________________, as a public contractor under contract with the Town of Vail (the "Town"), hereby affirm that: 1. I have examined or will examine the legal work status of all employees who are newly hired for employment to perform work under this public contract for services ("Agreement") with the Town within 20 days after such hiring date; 2. I have retained or will retain file copies of all documents required by 8 U.S.C. § 1324a, which verify the employment eligibility and identity of newly hired employees who perform work under this Agreement; and 3. I have not and will not alter or falsify the identification documents for my newly hired employees who perform work under this Agreement. ____________________________________ ________________________ Signature Date STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was subscribed, sworn to and acknowledged before me this ___ day of __________, 2020, by _______________________ as _________________ of ________________________. My commission expires: (S E A L) ________________________________ Notary Public October 6, 2020 - Page 26 of 99 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 B us Barn E lectric Upgrade B ackup Generator Contract Award B AC K G RO UND: The generator is part of the electric improvements at the Town of Vail B us S torage F acility at the P ublic Works S hop. The project is out to bid, certain components of the project are owner supplied, including the backup generator. T he backup generator ensures continuous charging during power outages. S TAF F RE C O M M E ND AT IO N: A uthorize the Town Manager to enter into an agreement, in a form approved by the Town A ttorney, with Cummins to purchase a 1000kw generator and associated equipment for the Vail Bus B arn at Public Works in the amount not to exceed $ 241,685. AT TAC H ME N TS: Description Staff Memo October 6, 2020 - Page 27 of 99 To: Town Council From: Public Works Department Date: 10/6/2020 Subject: Vail Bus Barn Electric Upgrade Backup Generator Contract Award I. ITEM/TOPIC Vail Bus Barn Electric Upgrade Backup Generator Contract Award II. BACKGROUND The town staff and the design team of Black and Veatch are completing the design regarding electric improvements at the Town of Vail Bus Storage Facility at the Public Works Shop. The project is out to bid, certain components of the project are owner supplied, including the backup generator. The backup generator ensures continuous charging during power outages. The battery electric buses are scheduled to go into production at Gillig in December and are anticipated to be arriving in late December of 2020. The price of the generator was procured through Sourcewell. a cooperative purchasing community combining the buying power of 50,000 government, education, and nonprofit organizations. Sourcewell procurement conforms to the CDOT competitive procurement process. The town will contract directly with Cummins for the generator. This purchase is eligible to be reimbursed by the grant the town received for the conversion of the town shop to electric charging. The project will be completed later this year. III. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with Cummins to purchase the 1000kw generator and associated equipment for the Vail Bus Barn electrical upgrade at Public Works. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with Cummins to purchase a 1000kw generator and associated equipment for the Vail Bus Barn at Public Works in the amount not to exceed $ 241,685. October 6, 2020 - Page 28 of 99 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: Update on Temporary L ocation for Children's Garden of L earning AC T IO N RE Q UE S T E D O F C O UNC I L: I nformational only. B AC K G RO UND: An update will be presented about the temporary location for Children's Garden of L earning as part of the Town Council's initiative to prioritize child learning centers in Vail. The town and C G L have been evaluating appropriate locations for relocating C G L to a temporary facility and will prioritize in coming months the search for the most appropriate permanent location in Vail. AT TAC H ME N TS: Description Memo C G L Update on Temporary Location C G L Temporary Location Plans 100620 October 6, 2020 - Page 29 of 99 To: Town Council From: Town Manager’s Office Date: October 6, 2020 Subject: Update on Children’s Garden of Learning temporary location – Lionshead Site Over the past several months, staff has undertaken a significant amount of due diligence to identify a viable temporary location for the Children’s Garden of Learning (CGL) facility. As you know the need for a temporary and future permanent location for CGL is necessitated by the fact that the Town has identified Middle Creek Lot 3, as a town-owned parcel that is critical for the Town to meet its deed- restricted housing goals. Our primary focus has been on the concept of remodeling the Community Development municipal building to allow for both childcare use and a small number of town staff such as our Building officials who have daily interaction with the public. In addition to the fact the site is owned by the town, the site also was appealing due to the fact the municipal site is appropriately zoned for early childcare purposes, and that most town staff in the building could be re-located for multiple years in privately owned office space in close proximity to Town Hall. Through work by staff and a contracted architectural firm, it has been determined that total costs for a remodel of the Community Development building and the relocation of town staff offices to accommodate a temporary CGL facility will be in excess of $5.0 million. Those costs include: • Interior and exterior modifications of the Com Dev Building • 1,000 sq. ft. expansion of current building to meet CGL-specific requests • Creation of required outdoor play space • Reconfiguration and improvement of parking, drop-off and access to the S. Frontage Rd. • Lease of private office space for TOV staff displaced by CGL in the Com Dev building • Cost of interior finishes of new private space to accommodate TOV staff • Relocation of the community recycling center (new feasible site not yet identified) In addition to the significant public cost of relocating CGL to the municipal building, staff and our contracted design and construction consultants have determined that it will be unlikely to have the municipal building ready for CGL occupancy by the desired date of August 2021 to coincide with the typical start of school year. The design team has committed to ensure occupancy by no later than September 15, 2021. In an effort to find temporary space for CGL that would be more fiscally responsible of tax-payer dollars and in closer proximity to key amenities and necessary parking, and continue to meet the needs of CGL,Town staff undertook a parallel analysis of the town-owned Charter Bus Lot adjacent to the Lionshead Parking Structure. The lot is comparable in size to the current CGL lot and by utilizing a “design-build” process, the Town will be able to deliver a high-quality temporary facility and outdoor play space to CGL by August 2021. Equally important, the town would be able to develop the facility at Lionshead at a cost significantly less than $5M based on preliminary estimates. Costs would include all CGL facility requirements and outdoor play spaces necessary to October 6, 2020 - Page 30 of 99 Town of Vail Page 2 meet State licensing and all adopted building and zoning code requirements for early childcare facilities. Advantages of the Lionshead site over the Municipal Building site include: • Ability to be ready for CGL occupancy by August 2021 • The programmatic, design and spatial needs and desires articulated by Children of Garden Learning faculty and board representatives can more than be accommodated in the building. • Entirely new construction • Improved traffic circulation for pick up and drop off compared to the Municipal Site • Easy access S. Frontage Road without the need for turn lane improvements • The site is centrally located in Vail with excellent vehicular access, circulation and drop-off. • The site is within safe, convenient and easy pedestrian access to Lionshead Village and Vail Village • The site is in a sunny, south-facing location, similar to the existing Children’s Garden of Learning. • The site is located on a highly used and frequently serviced public transit route. • No conflict with the future roundabout construction planned adjacent to Vail Health on the S. Frontage Road • Close proximity to Library (450’), Dobson Arena, Gore Creek Trail and walkability to Village play areas and transit stops • Cost effectiveness • Highly flexible design opportunity to meet CGL and Design Review Board requirements • Does not displace current town staff and necessitate the public to visit additional buildings for public services • Water and sewer tap already paid • Availability of covered parking for CGL teachers in the Lionshead parking structure • Childcare is a use allowed by zoning, subject to the issuance of a conditional use permit • TIF funds may possibly be used to fund the construction It was been a challenge to find a temporary site for CGL that can meet the programmatic and space needs of the CGL staff and students and we appreciate CGL’s patience and input as we’ve gone through this process. The due diligence we’ve all undertaken to both identify and eliminate a range of site alternatives has been an important process to go through with CGL and we are excited that the town-owned Lionshead site has risen to the top as a viable site that clearly has advantages over the other alternatives pursued. We at the Town of Vail look forward to working closely with CGL over the coming months to design and construct the Lionshead site for your organization and the families who utilize CGL,and appreciate your ongoing collaborative spirit in this initiative. October 6, 2020 - Page 31 of 99 COMMON PATH OF TRAVEL PERMITTED: 75'-0" MAX.COMMON PATH OF TRAVEL PROVIDED: EXISTING TO REMAINCOMMON PATH OF TRAVELEXIT TRAVEL DISTANCE PERMITTED: 200'-0" MAX.EXIT TRAVEL DISTANCE PROVIDED: EXISTING TO REMAINEXIT TRAVEL DISTANCEOCCUPANCY GROUP: RESIDENTIAL (R-3)TOTAL UNITS: 1TOTAL FLOOR AREA: 3536 SFRESIDENTIAL (R-3) RESIDENTIAL AREAS = 200 SF GROSSOCCUPANT LOADRoomname101ELEVATIONA1011SIM100'-0"SPOT ELEVATION1A101SIMDETAIL NUMBERSHEET WHERE SHOWNSECTION LETTERSHEET WHERE SHOWNDETAIL DESIGNATORBUILDING SECTION DESIGNATOR101DOOR DESIGNATOR1iWINDOW DESIGNATOR0GRID LINE1iWALL TYPE1REVISION NUMBERLEVEL INDICATORNAME INTERIOR ELEVATION DESIGNATORA6011ELEVATION NUMBERSHEET NUMBERDOOR NUMBERROOM NUMBEREXTERIOR ELEVATION DESIGNATORA3011ELEVATION NUMBERSHEET NUMBER00 00 00CONSTRUCTION SPECIFICATION INSTITUTE SECTION NUMBER -REFER TO PROJECT MANUAL FOR PRODUCT SPECIFICATION4'-5"FACE OF STRUCTURE TO FACE OF STRUCTURE NPROJECT NORTH°±ФW/<ROUNDWITHDEGREESPLUS OR MINUSPROPERTY LINEANGLECENTER LINETHESE PLANS WERE DESIGNED TO CONFORM WITH THE LATEST INTERNATIONAL BUILDING AND RESIDENTIAL CODES. DUE TO CONTINUOUS CHANGES IN BOTH LOCAL AND NATIONAL BUILDING CODES, ACCOMMODATING ALL BUILDING RESTRICTIONS IS IMPOSSIBLE. THEREFORE, THESE PLANS ARE SUBJECT TO LOCAL REQUIREMENTS AND INTERPRETATIONS. IT BECOMES THE RESPONSIBILITY OF THE BUILDER TO MAKE CERTAIN THESE PLANS COMPLY TO LOCAL CODE REQUIREMENTS.DO NOT SCALE DRAWINGS. IF CRITICAL DIMENSIONS DO NOT APPEAR ON THE DRAWINGS, NOTIFY ARCHITECT. IF DISCREPANCIES OCCUR BETWEEN DRAWINGS OR BETWEEN THE DRAWINGS AND SPECIFICATIONS, NOTIFY THE ARCHITECT FOR RESOLUTION.SQUARE FOOTAGES ON PLANS EQUAL GROSS FOR BUILDING DEPARTMENT USE ONLY. NOT TO BE USED FOR SALES OR LEASEABLE AREAS.DIMENSIONS LOCATING NEW CONSTRUCTION ARE TO THE FACE OF THE FRAMING AND CONCRETE OR CENTERLINE OF STRUCTURE BY WAY OF GRID LINE UNLESS NOTED OTHERWISE.DETAILS AND NOTES INDICATE TYPICAL CONDITIONS. FOR MINOR DEVIATIONS FROM TYPICAL DETAILS ARE TO BE ANTICIPATED AND ARE INFERRED. DETAILS AND NOTES PROVIDE DIRECTIONS AND OUTLINE THE DESIGN INTENT. THE CONTRACTOR SHALL USE PROFESSIONAL JUDGMENT WHEN DEALING WITH SIMILAR CONDITIONS.EVERY EFFORT HAS BEEN MADE TO ELIMINATE ERRORS DURING THE PREPARATION OF THESE DRAWINGS. BECAUSE PIERCE AUSTING ARCHITECTS CANNOT GUARANTEE AGAINST THE POSSIBILTY OF HUMAN ERROR, IT IS THE OBLIGATION OF THE BUILDER TO VERIFY THE ACCURACY OF ALL DETAILS, DIMENSIONS, AND BE PERSONALLY RESPONSIBLE FOR THEM.THE PLANS, DRAWINGS, SPECIFICATIONS, DESIGNS, AND ENGINEERING HAVE BEEN DEVELOPED BY PIERCE AUSTIN ARCHITECTS SOLEY FOR ITS USE IN PREPARING AND SUBMITTING CONSTRUCTION CONTRACTS. PIERCE AUSTIN ARCHITECTS MAKES NO WARRANTY OF ANY KIND, LIABILITY, OR RESPONSIBLITY WHATSOEVER FOR THE PROPRIETY, EFFICACY, OR FITNESS OF SUCH WORK WHEN USED BY ANY OTHER PARTY FOR ANY OTHER PURPOSE, EXCEPT WHEN COVERED BY PIERCE AUSTIN ARCHITECTS WARRANTIES ACCOMPANYING ITS OWN CONTRACTS.OWNER:TOWN OF VAIL / CHILDRENS GARDENARCHITECT:BILL PIERCE, PRINCIPAL PIERCE AUSTIN ARCHITECTS1650 E. VAIL VALLEY DRIVE, C-1VAIL, COLORADO 81657P: 970.476.6342E: bill@vailarchitects.comOWNERS REP:COMPANYNAMEMAILING ADDRESSTOWN STATE ZIPP: 555.555.5555E: person@example.comCONTRACTOR:COMPANYNAMEMAILING ADDRESSTOWN STATE ZIPP: 555.555.5555E: person@example.comSTRUCTURAL :COMPANYNAMEMAILING ADDRESSTOWN STATE ZIPP: 555.555.5555E: person@example.comCIVIL:COMPANYNAMEMAILING ADDRESSTOWN STATE ZIPP: 555.555.5555E: person@example.comMEPs:COMPANYNAMEMAILING ADDRESSTOWN STATE ZIPP: 555.555.5555E: person@example.comBUILDING CODE:2018 International Building Code2018 International Residential Code2018 International Fire Code2018 International Plumbing Code2018 International Mechanical Code2018 International Fuel Gas Code2018 International Energy Conservation Code2018 International Existing Building Code2017 National Electrical CodeCONSTRUCTION TYPE:V-ADWELLING UNITS:2OCCUPPANCY TYPE:R-21650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA0.00COVERCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETADMINISTRATIVE INFO.BUILDING CODE SUMMARY PROJECT DIRECTORYSitus Address 350 S FRONTAGE RD WTax Area SC202 -VAIL (TOWN) & LIONSHEAD TIF -SC202Parcel Number 2101-064-07-012Legal Summary Subdivision: VAIL LIONSHEAD FIL 1 Block: 2 Lot: 1CHILDREN'S GARDEN OF LEARNING AT LIONSHEAD PARKING GARAGEVAIL, CO 81657PROJECT LOCATIONDATE NO. DESCRIPTIONLIFE SAFETYDRAWING CONVENTIONSMISC. ABBREVIATIONSGENERAL NOTESUPDATEUPDATESHEET INDEXSHEET #DESCRIPTIONBYISSUE DATEARCHITECTUREA0.00COVERPAA9.24.2020A0.06SITE PLANPAA9.24.2020A1.01LEVEL 1PAA9.24.2020A2.01NORTH & WEST ELEVATIONPAA9.24.2020A2.02SOUTH & EAST ELEVATIONPAA9.24.2020A9.013DPAA9.24.2020A9.023DPAA9.24.2020A9.033DPAA9.24.2020SHEET SETSOctober 6, 2020 - Page 32 of 99 8160.08158.48156.48154.2816081708165815081508155815581608172.08172.58171.68171.98171.18169.28161.78155.98154.68153.58151.28152.28160.48162.78159.18155.38157.48156.08158.58154.38154.78155.98159.48148.98147.28148.78160.88161.18161.18161.88163.98171.18171.48174.68178.78178.98150.98152.64.6'24.8'4.5'21.0'8.9'21.0'TOTAL = 125.2'12" CMP24" RCP 6" PVC18" CMP6" PVC18" CPPELEC.TRANSFORMERL O W E R L E V E L E N T R A N C E UTILITY SHEDF.F. ELEV. = 8171.5'STSTWVSS8"8"10"10"8"8"8"8"6"10"12"12"12"8"WV10"6000 SF OUTDOOR SPACEEXISTING TICKET BOOTH & PLANTERSADA123456789EXISTING LIGHT POLEHIKING LOOP1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA0.06SITE PLANCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETNORTHDATE NO. DESCRIPTION3/32" = 1'-0"1SITE PLANOctober 6, 2020 - Page 33 of 99 NEW WALLSEXISTING WALLSWALLS TO BE DEMOLISHEDDEMO LEGENDCGOL REQUIRED SFPRESCHOOL CLASSROOMMIN REQ.-35 SF PER CHILD PROPOSED -(3) 550 SF ROOMS / 47 CHILDRENTODDLER CLASSROOMMIN REQ.-45 SF PER CHILD PROPOSED -(2) 400 SF ROOMS / 17 CHILDRENPRESCHOOL PLAYGROUNDMIN REQ.-75 SF PER CHILD PROPOSED -XXX SF SPACES / XX CHILDREN* 20 STUDENTS PER PLAY AREA LIMIT TODDLER PLAYGROUNDMIN REQ.-75 SF PER CHILD PROPOSED -XXX SF SPACES / XX CHILDRENPRESCHOOL RESTOOMSMIN REQ.-??? PROPOSED -3 RESTROOMS / 6 TOILETS TODDLER RESTOOMSMIN REQ.-??? PROPOSED -1 RESTROOM / 2 TOILETSADULT RESTOOMSMIN REQ.-1 RESTROOMS PROPOSED -1 RESTROOMS ARTS AND ACTIVITIES EXISTING-200 SF PROPOSED -XXX SFOFFICE / FLEX SPACEEXISTING-400 SF PROPOSED -XXX SFKITCHEN EXISTING-YES PROPOSED -TBD LAUNDRYEXISTING-YES PROPOSED -TBDG.1G.1E.1E.1C.1C.1A.1A.17.11.1D.1D.1B.1B.1F.1F.13.12.16.1TODDLERCLASS ROOM 2400 SFTODDLERCLASS ROOM 1380 SFOUTDOORLEARNINGMECHANICAL ROOMENTRY LOBBYCLASS ROOM 1590 SFADACLASS ROOM 2540 SFCLASS ROOM 3540 SF6000 SF OUTDOOR SPACEADULT RESTROOM1A2.012A2.021A2.011A2.022123456789ART & ACTIVITIESLIBRARY OR FLEXOFFICE 1COMMON AREAKITCHEN5.1OFFICE 24.1ADULT RESTROOM2OFFICE 3LAUNDRY13'-6"13'-6"30'-6"30'-6"27'-0"32'-0"7'-0"13'-6"13'-6"2'-0"18'-0"13'-6"13'-6"30'-6"30'-6"13'-6"13'-6"115'-0"36'-0"86'-0"SANDBOXSLIDE TO LOWER PLAY AREANATURE TRAILTEACHER ACCESS FROM PARKING GARAGE1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA1.01LEVEL 1CGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETNORTHDATE NO. DESCRIPTION1/8" = 1'-0"1MAIN LEVEL 8175October 6, 2020 - Page 34 of 99 MAIN LEVEL 81758173' -0"MAIN LEVEL 81758173' -0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA2.01NORTH &WESTELEVATIONCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTION3/16" = 1'-0"1WEST ELEVATION - CGOL3/16" = 1'-0"2NORTH ELVATION - CGOLOctober 6, 2020 - Page 35 of 99 MAIN LEVEL 81758173' -0"MAIN LEVEL 81758173' -0"1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA2.02SOUTH &EASTELEVATIONCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETKEYNOTE LEGENDKEYVALUEKEYNOTE TEXTDATE NO. DESCRIPTION3/16" = 1'-0"1EAST ELEVATION - CGOL3/16" = 1'-0"2SOUTH ELEVATION - CGOLOctober 6, 2020 - Page 36 of 99 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA9.013DCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETDATE NO. DESCRIPTION13D 1October 6, 2020 - Page 37 of 99 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA9.023DCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETDATE NO. DESCRIPTIONOctober 6, 2020 - Page 38 of 99 1650 Fallridge Road, Suite C-1Vail, Colorado 81657f.(970) 476-4901 p.(970)476-6342NOT FOR CONSTRUCTIONA9.033DCGOL LHPSProject Number - 2008LIONSHEAD PARKING STRUCTUREVAIL, CO 816579.24.2020SD SETDATE NO. DESCRIPTIONOctober 6, 2020 - Page 39 of 99 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: Update on I n-Person P ublic Meetings October 6, 2020 - Page 40 of 99 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: Parking and Transportation Task F orce Recommended W inter 2020-2021 P arking Program P RE S E NT E R(S ): Greg Hall Director of Public Works and Transportation AC T IO N RE Q UE S T E D O F C O UNC I L: Approve or approve with modifications the W inter 2020-2021 Parking P rogram as recommended by the Parking and Transportation Task F orce. B AC K G RO UND: The purpose of this item is to: P rovide Town Council the Parking and Transportation Task F orce (PAT T F ) recommendation for W inter 2020-2021 P arking Program Request Town Council approve the W inter 2020-2021 P arking Program S TAF F RE C O M M E ND AT IO N: S taff recommends the Town C ouncil approve the P arking and Transportation Task Force recommendations for the W inter 2020-2021 P arking Program. AT TAC H ME N TS: Description Staff Memo October 6, 2020 - Page 41 of 99 1 TO: Vail Town Council FROM: Parking and Transportation Task Force Greg Hall, Director of Public Works and Transportation DATE: October 6, 2020 SUBJECT: Parking and Transportation Task Force Recommended Winter 2020-2021 Parking Program I. PURPOSE The purpose of this item is to:  Provide Town Council the Parking and Transportation Task Force (PATTF) recommendation for Winter 2020-2021 Parking Program  Request Town Council approve the Winter 2020-2021 Parking Program II. BACKGROUND The Parking & Transportation Task Force met via Zoom on September 17, 2020 to review statistics from the winter 2020 - 2021 season as well as make recommendations for Winter 2020 – 2021 Parking Program. The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12-member group is to provide advisory input and recommendations on parking, transit and traffic operations. Representatives are as follows:  Representing the retail community - Meg Hanlon and Hugh Paine  Representing the restaurant community - Bill Suarez  Representing the lodging community - Brian Butts  Representing the community-at-large - Kent Johnson, Andrew Lanes and Don Marks  Representing Vail Valley Medical Center - Darryl Flores (Cheryl Cannataro Alt.)  Representing Vail Resorts – Beth Howard and Jeff Babb  Representing the Vail Town Council - Mayor Dave Chapin and Jen Mason The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. October 6, 2020 - Page 42 of 99 2 Recommended Winter 2020 - 2021 Rate and Parking Structure: Existing Proposed 0 to 30 Free Free 30 to 1 Free Free 1 to 1.5 Free Free 1.5 to 2 Free Free 2 to 3 $10 $10 3 to4 $20 $20 4 to 15 $30 $30 15 to 24 $50 $50 Recommended Parking Pass Prices Existing Proposed Gold $3300 $3300 Silver $2000 $2000 Blue $1250 $1250 Green $ 625 Red $ 450 $ 450 (Red Sandstone parking garage) Pink $ 200 $ 200 The adopted goal of the Town of Vail for parking during the winter is to provide a parking program in which all but 15 days of overflow parking occur. This past winter there were 25 days of overflow parking up until the season ended on March 15. The previous season there were 34 days of overflow parking to March 15. Same period transactions were down 4, however daily revenue was down 15%. III. TASK FORCE DISCUSSIONS | WINTER 2020-2021 The Parking and Transportation Task Force for the Winter 2020-2021 reviewed: Vail Health’s full parking supply is anticipated for availability beginning November 20, to coincide with the opening of ski season and the beginning of managed parking. This alone will help with the parking situation. The campus will have a total of 558 parking spaces for visitors and staff this coming season, that is up from the 70 they have operated with the last two season. In addition, the number of on-site construction workers will be drastically reduced by winter season. Covid-19 ramifications and Vail Resorts upcoming season operations were discussed. Concerns of a drive market and hesitancy of some of the population to use ridesharing, transit and shuttles puts pressure on the parking supply. Reservations caps should decrease the largest peak days. The demand for getting into the outdoors to partake in activities this summer has shown how popular places like Vail are during the pandemic. Skiing appears to fit well into this pattern for the winter. Winter hampers Vail residents ability to use other modes of mobility such as walking and biking to travel and this was confirmed by the recent Citizen Survey and Climate Action committee surveys. At this time there are many variables as to what may or may not happen. Planning for a winter with the October 6, 2020 - Page 43 of 99 3 usual demand on parking and if need be making modifications is more prudent than trying to back track. One significant issue brought up which Vail Resorts and Town staff are meeting now on is the need to spread the demand at the base areas out more evenly. This is very important to the Vail Resorts plan to operate this winter. This means making sure the Gold Peak base area has more transportation options to more evenly spread demand. Staff is looking at how to increase bus service to Gold Peak, more directly, this could be similar to the DEVO express while also greatly enhancing the pedestrian connections between the Vail Village base and Gold Peak base. The PATTF discussed the following items. Supply The Red Sandstone Parking Garage will provide 120 additional spaces every day and up to 160 spaces during non-school days. It was recommended to continue this season with the garage being available to Value Passes as was allowed mid-season last year. On Non- peak days Vail Value pass holders would be charged $ 5 and Eagle County Value pass holders would be charged $ 10. On peak days Vail Value pass holders would be charged $ 10 and Eagle County Value pass holders would be charged $ 15. Rates The PATTF reviewed the rates and recommend the rates stay the same for the upcoming season. It was discussed because there is so much in play as to how the season will unfold, if modifications are needed to be made, the council can and should act quickly to changing conditions. Season Parking Passes The PATTF reviewed the parking passes and recommend the pass stay the same, with one exception. The Green employee pass was discussed to be removed for this year. Nearly half of the passes were bought for employees on the Vail Health campus. This coming season, Vail Health will have the full extent of spaces available. The remaining users are likely employees working in Lionshead. These employees can be served by the Red Sandstone Parking Garage for a lessor value. There was also acknowledgement this year we should have no loss of parking at either Ford Park, or the Soccer Field to stage special events due to Covid restrictions. Looking Ahead There was a breif discussion looking to the future as the Town Council reviews the capital budget and potential replacement of the current parking system in 2021. There is an opportunity to create a paradigm shift in how the town manages parking and consider a more holistic approach to mobility. If the parking system is budgeted for replacement, there will be more Parking and Transportation Task Force meetings to further evaluate October 6, 2020 - Page 44 of 99 4 opportunities, discuss the concepts of mobility management and refine programs moving forward. IV. RECOMMENDED WINTER 2020-2021 PARKING PROGRAM The Task Force makes the following recommendations when considering all the variables, policies and dynamics of the Vail parking program: reducing demand, the desire to encourage transit and carpooling use, discourage driving, align parking policies with our environmental policies, while recognizing the need to cover costs of increased parking operations and transit and other alternative enhancements. Winter 2020-2021 objectives and recommendations  Require construction projects to have an employee transportation and parking plan  Continue to work with ECO Transit to support service. Work with Tanya Allen the new ECO director, who was able to attend the meeting. The Eagle County Transit Hub was discussed and is up and running which can be accessed through the following link transithub.com.  Develop a marketing and messaging plan with an emphasis of COVID around the following to reach 15-day overflow goal: o Walking o Don’t rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Work from home, and stay in Vail to attend on-line classes or zoom meetings verses driving during peak commuter patterns on I-70 o Promote transit use o Ridesharing (Uber, Lyft) o Carpooling o Employee van pools o Biking o Continue to investigate first and last mile solutions  Overnight storage of cars, there was discussion that during this summer, hotels and short-term rentals saw a larger number of cars on site due to limited air travel, limited shuttle service, and with less group business and more of a drive market. This will be monitored to see if the trend continues to the winter. VI. ACTION REQUESTED Approve or approve with modifications the Winter 2020-2021 Parking Program as recommended by the Parking and Transportation Task Force. Approving the program is required prior to pass sales which begin on October 26th. Recommended Rate Structure: Existing Proposed 0 to 30 Free Free 30 to 1 Free Free 1 to 1.5 Free Free October 6, 2020 - Page 45 of 99 5 1.5 to 2 $ 5 Free 2 to 3 $10 $10 3 to4 $20 $20 4 to 15 $30 $30 15 to 24 $50 $50 Recommended Parking Pass Prices Existing Proposed Gold $3300 $3300 Silver $2000 $2000 Blue $1250 $1250 Green $ 625 Red $ 450 $ 450 Pink $ 200 $ 200 VII. STAFF RECOMMENDATION Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the Winter 2020-2021 Parking Program. October 6, 2020 - Page 46 of 99 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: Resolution No. 42, S eries 2020, a resolution supporting Town of Vail B allot I ssue 2G regarding Gallagher S tabilization. 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: A pprove, amend or deny Resolution No. 42, Serie of 2020 B AC K G RO UND: The Vail Town Council has placed B allot I ssue 2G on the ballot in the November 3, 2020, Eagle County, Colorado General Mail Ballot E lection, which would authorize, but not require, the Vail Town Council to adjust Vail’s mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the Gallagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Vail services. S TAF F RE C O M M E ND AT IO N: A pprove Resolution No. 42, Series of 2020 AT TAC H ME N TS: Description Resolution No. 42, Series of 2020 power point FAQs October 6, 2020 - Page 47 of 99 Resolution No. 42, Series of 2020 Page 1 RESOLUTION No. 42 SERIES OF 2020 RESOLUTION SUPPORTING TOWN OF VAIL BALLOT ISSUE 2G REGARDING GALLAGHER STABILIZATION WHEREAS, the Gallagher Amendment was referred to Colorado voters by the Colorado General Assembly in 1982 in response to concerns about rising residential property taxes as a result of the state’s rapid population growth in the 1970’s; WHEREAS, in 1982, residential property in Colorado constituted approximately 45% of total property value in the state, with other classes of property such as commercial property, agriculture land, vacant land, industrial property and public utilities making u p the other 55%; WHEREAS, the Gallagher Amendment proposed to freeze the ratio of the total value of residential property (45%) to the total value of non-residential property (55%) in perpetuity; WHEREAS, since 1982, the growth of residential prope rty values has outpaced the growth of the value of non-residential property in the state, to the point residential property currently makes up 90% of the total assessed value of all property in Vail; WHEREAS, given the Gallagher Amendment requires residential property constitute 45% of total statewide valuation, the Colorado General Assembly has been required to reduce the property tax “assessment rate” on residential property from 21% in 1982 to 7.15% in 2020; WHEREAS, it is expected continued residential growth in the State of Colorado will force the Colorado General Assembly to further reduce the residential assessment rate from 7.15% to approximately 5.88% in 2021; WHEREAS, the Gallagher Amendment’s continued erosion of the residential prop erty tax assessment rate has resulted in an almost 300% increase in the shift of the property tax burden from homeowners to business owners; WHEREAS, the Gallagher Amendment has eroded the property tax base which funds all local public services; WHEREAS, the reduction in in the assessment rate from 7.15% to approximately 5.88% is expected to result in a revenue loss to the Town of Vail in the amount of approximately $1,400,000 in 2022; WHEREAS, if the Gallagher Amendment Repeal Measure passes, Senate Bill 20-223 of the Colorado General Assembly will take effect freezing property tax assessment rates at the current rates (7.15% for residential property and 29% for non -residential property); WHEREAS, the Vail Town Council has placed Ballot Issue 2G on the ballot in the November 3, 2020, Eagle County, Colorado General Mail Ballot Election , which would authorize, but not require, the Vail Town Council to adjust Vail’s mill levy rate for the sole purpose of maintaining revenues that may otherwise result from the G allagher Amendment or other state imposed reductions in the ratio of assessed property tax valuations in order to avoid the continued erosion of funding of Town of Vail services; WHEREAS, the Colorado Fair Campaign P ractices Act authorizes local governmen ts to October 6, 2020 - Page 48 of 99 Resolution No. 42, Series of 2020 Page 2 adopt resolutions in support of or opposition to ballot issues, and it is the desire of Vail Town Council to express its overwhelming and strongest possible support of the Gallagher Amendment Repeal Measure, Town of Vail Ballot Issue 2G and WHEREAS, the Colorado Fair Campaign Practices Act also authorizes local governments to distribute in normal fashion an adopted resolution regarding any ballot issue of importance to that local government. NOW THEREFORE, BE IT RESOLVED, BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated by reference and adopted as findings and determinations of the Town Council. Section 2. Ballot Issue 2G. The Vail Town Council affirmatively supports the Town of Vail ballot question regarding Gallagher stabilization and urges qualified electors to vote YES on Ballot Issue 2G. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 6th day of October 2020. TOWN OF VAIL ATTEST __________________________ ____________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk October 6, 2020 - Page 49 of 99 De-Gallagher Ballot Question Town Council | August 18, 2020 GALLAGHER PROPERTY TAX STABILIZATION BALLOT QUESTION Town Council | October 6, 2020 October 6, 2020 - Page 50 of 99 Town Council | Finance | 9/8/2020 Property Tax Stabilization | Why do it? •Significant impact to town services •$9.2M lost over a 10-year period •Fire, Police, Public Works, Municipal Services •Vail fiscally responsible •Approx. 10% of taxpayer bill goes to Town of Vail •Impact $30 per year on $500,000 home •23%primary homes / 77% second homes October 6, 2020 - Page 51 of 99 •Stabilize Property tax collections •Vail Citizens will have a “say” in the amount of property taxes collected •Maintain quality town services •Large support from county-wide voters Town Council | Finance | 9/8/2020 Property Tax Stabilization | Why do it? October 6, 2020 - Page 52 of 99 Town of Vail “Gallagher” Property Tax Stabilization Ballot Question 2G What would a “Yes” Vote do? A “Yes” vote would allow the Town of Vail to keep the residential assessment rate FLAT for property taxes. It does NOT increase taxes. Who is impacted by a “Yes” vote? By voting “yes”, residents will give up a future reduction in property taxes of $30 per year on a home valued at $500,000. Based on total residential values in Vail, 23% of values are owned by primary residents and 77% of values are second homeowners. Commercial property owners will not be impacted. Primary homes 23% Second homeowners 77% Who is Impacted?Estimated reduction in property taxes that would be forfeited: $30* annually per $500,000 home value *Based on an estimated decrease of 16% in 2021 residential assessment rates from 7.15% to 6% October 6, 2020 - Page 53 of 99 How has the Gallagher Amendment impacted the Town of Vail? The Gallagher Amendment has reduced property tax collections by $9.2 million over a 10 year period. Why does that matter? As new residences are built or remodeled, and existing property values increase, more demand is placed on town services such as public safety, snowplowing, free bus service, parking and town facilities. The town is stretched to meet the demands with reduced revenue. How would the Town of Vail benefit from the passage of 2G? The Town of Vail has always worked hard to be fiscally prudent and good stewards of taxpayer’s money. This ballot measure is only being considered in order to stabilize property tax collections and the town’s general budget. It is important to know this ballot measure does not raise property taxes. It will only help the Town maintain existing essential services as we all work towards a healthy economic recovery. Over a 10-year span, the Town of Vail’s revenue from residential property taxes declined by $9.2 million because of unanticipated consequences of an amendment to the state constitution called the “Gallagher Amendment”. The Gallagher Amendment lowers the amount of residential property taxes that a town like Vail can collect from residential property owners based on the amount of commercial property taxes collected, rather than on the assessed value of the residential properties. $(2,000) $(1,800) $(1,600) $(1,400) $(1,200) $(1,000) $(800) $(600) $(400) $(200) $- 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 $(491)$(513)$(508)$(581)$(581) $(1,048)$(1,048) $(1,209)$(1,209) $(1,977) 10 Year Loss of Property Tax Revenue (000s) October 6, 2020 - Page 54 of 99 The continual loss of millions of dollars in residential property tax revenue to the town in future years will eventually have a negative impact on the essential services provided to you and the Vail community. These negative impacts will include reductions in funding for local police, fire and emergency services, public works, snowplowing and ongoing road maintenance. The loss of revenue could also impact public library services and the town’s free bus service. Why doesn’t the town just cut their budget rather than ask for more money? The Town Council is asking this ballot question because of the significant drop in sales tax revenue due to the coronavirus. If approved, the ballot measure would significantly help stabilize the town’s overall revenue without raising taxes and prevent an eventual reduction in quantity and quality of town’s services. The town has already cut 10% of operating budgets ($4.5 million), used reserves of $6.3 million, and deferred $18M in capital projects due to the economic impacts of COVID-19. Why is Vail asking for this when the State of Colorado is also asking voters to repeal the Gallagher Amendment? Wouldn’t it accomplish the same goal? Yes, if the state ballot measure passes, the same goal of stabilizing property tax collections is achieved. However, the Town of Vail is asking voters to keep control with their local government should the state’s ballot question fail. Who else has asked to “de-Gallagherize” property taxes? There have been a number of local and regional entities that have been successful in this same ballot question as more and more residents are understanding the problems created by the unanticipated consequences of the Gallagher Amendment to the State Constitution. Local entities that have been successful include Vail Recreation District, Colorado Mountain College, Greater Eagle Fire, and Eagle County Paramedic Service. For this year’s November 2020 ballot, Vail voters will also see this from Eagle County and the State of Colorado. October 6, 2020 - Page 55 of 99 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: Resolution No. 44, Series of 2020, A Resolution of the Vail Town Council P roviding for an E xtension of the Approved Development Plan for the Booth Heights Development 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: F ormal action with a motion is requested. B AC K G RO UND: A Resolution further extending the term of the development plan approval for the Booth Heights Project to ensure there is adequate time for all parties to meet their respective goals related to implementation of an alternative housing site initiative which is a collaboration of the Town of Vail, Vail Resorts and Triumph Development. This progressive land-use planning and development effort is focused on creating positive impacts on a range of community priorities including the creation of additional deed-restricted housing, improvement of critical wildlife habitat and enhancement of childcare facilities in Vail. AT TAC H ME N TS: Description Resolution No. 44, Series of 2020 October 6, 2020 - Page 56 of 99 Resolution No. 44, Series of 2020 RESOLUTION NO. 44 SERIES 2020 A RESOLUTION OF THE VAIL TOWN COUNCIL PROVIDING FOR AN EXTENSION OF THE APPROVED DEVELOPMENT PLAN FOR THE BOOTH HEIGHTS DEVELOPMENT WHEREAS, on August 26, 2019, in PEC19-0018 and pursuant to § 12-61-11 of the Vail Town Code, the Planning and Environmental Commission (the "PEC") approved the development plan for a deed-restricted housing development located at 3700 North Frontage Road East/Lot 1, East Vail Workforce Housing Subdivision, Vail, Colorado (the "Booth Heights Project"); WHEREAS, on October 15, 2019, the Vail Town Council upheld the August 26, 2019 approval of the PEC of the Booth Heights Project; WHEREAS, pursuant to the Vail Town Code, development plan approvals generally lapse after three years if construction of the development is not commenced; WHEREAS, construction of the Booth Heights Project has not commenced, because the Town and the developer are considering alternate locations for deed- restricted housing; WHEREAS, on September 15, 2020 the Vail Town Council approved Resolution No. 39, Series of 2020 authorizing an extension to the development plan approval for the Booth, and WHEREAS, the Town Council wishes to further extend the term of the development plan approval for the Booth Heights Project. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL: Section 1. The approval of the development plan, Conditional Use Permit (CUP), and final design for the Booth Heights Project (PEC19-0018, PEC19-0019, and DRB19- 0652) shall be extended through December 1, 2024. If construction of the Booth Heights Project is not commenced by such time, the development plan approval shall lapse, unless otherwise extended. INTRODUCED, READ, APPROVED AND ADOPTED THIS 6th day of October, 2020. Dave Chapin, Mayor ATTEST: Tammy Nagel, Town Clerk 1 October 6, 2020 - Page 57 of 99 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: Ordinance No. 11, S eries of 2020, F irst Reading - Ordinance A mending Title 12, Zoning Regulations, Vail Town Code, P ursuant to Section 12-3-7, A mendment, Amending Section 12-15-2 - G R FA Requirements by Zone District; and Setting Forth Details in Regard Thereto P RE S E NT E R(S ): Greg Roy, Planner AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove Ordinance No. 11, Series of 2020, on First Reading. B AC K G RO UND: Ordinance No 23, Series of 1999, increased the allowable G R FA, but there was no corresponding change to the table in Section 12-15-2. This ordinance corrects that table to match the code change. S TAF F RE C O M M E ND AT IO N: A pprove Ordinance No. 11, Series of 2020, on First Reading AT TAC H ME N TS: Description Staff Memorandum - Ordinance No. 11 Series of 2020 Attachment A. Ordinance No. 11 Series of 2020 Attachment B. Minutes from P E C Meeting on September 14 Attachment C. Staff Memorandum to P E C, September 14, 2020 Attachment D. Public Comment October 6, 2020 - Page 58 of 99 TO: Vail Town Council FROM: Community Development Department DATE: October 6, 2020 SUBJECT: First Reading of Ordinance No. 11, Serie of 2020 an ordinance 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) Applicant: Town of Vail Planner: Greg Roy I. SUMMARY The applicant, Town of Vail, is requesting approval of Ordinance No. 11, Series of 2020 an ordinance to update the Vail Town Code to correct the GRFA calculation in the table of Section 12-15-2, to match the correct GRFA number for the PA Zone District. The Planning and Environmental Commission held a public hearing on the proposed Prescribed Regulation Amendment on September 14, 2020 and recommended approval with a vote of 7-0. II. DESCRIPTION OF REQUEST The Vail Town Council shall approve, approve with modifications, or deny Ordinance No. 11, Series of 2020, upon first reading. III. BACKGROUND In Ordinance No. 12, Series of 1978 the PA Zone District listed the allowable GRFA as 80 SF per buildable area. Ordinance No. 23, Series of 1999, increased the allowable GRFA to 150 SF but there was no corresponding change to the table in Section 12-15-2 that lists the allowed GRFA for all the zone districts. October 6, 2020 - Page 59 of 99 Town of Vail Page 2 IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be amended in Title 12: The proposed amendments are as follows (text to be deleted is in strikethrough, text that is to be added is bold. 12-15-2: GRFA Requirements by Zone District; PA Public accommodation 0.80 1.50 of buildable area None V. RECOMMENDED MOTION Should the Town Council choose to approve Ordinance No. 11, Series of 2020, upon first reading, the Planning and Environmental Commission recommends the Council pass the following motion: "The Vail Town Council approves, on first reading, Ordinance No. 11, Series of 2020 an ordinance 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 GRFA calculation in the table for the PA Zone District, and setting forth details in regard thereto).” Should the Town Council choose to approve, on first reading, Ordinance No. 11, Series of 2020, the Planning and Environmental Commission recommends the Council make the following findings: “Based upon a review of Section VII of the September 14, 2020 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Town Council finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established October 6, 2020 - Page 60 of 99 Town of Vail Page 3 character as a resort and residential community of the highest quality." VI. Attachments A. Ordinance No. 11, Series of 2020 B. Minutes from PEC meeting on September 14, 2020 C. Staff memorandum to the PEC, September 14, 2020 October 6, 2020 - Page 61 of 99 ORDINANCE NO. 11 Series of 2020 AN ORDINANCE AMENDING TITLE 12, ZONING REGULATIONS, VAIL TOWN CODE, PURSUANT TO SECTION 12-3-7, AMENDMENT, AMENDING SECTION 12-15-2- GRFA REQUIREMENTS BY ZONE DISTRICT: AND SETTING FORTH DETAILS IN REGARD THERETO WHEREAS, the Planning and Environmental Commission (the “PEC”) held a properly noticed public hearing on the proposed amendment on September 14, 2020 in accordance with the provisions of the Vail Town Code; WHEREAS, the PEC recommended approval of the proposed amendment at its September 14, 2020 meeting, and has submitted its recommendation to the Town Council; WHEREAS, the Council finds that the proposed amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and are compatible with the development objectives of the Town; WHEREAS, the Council finds that the proposed amendments further the general and specific purposes of Title 12, Zoning Regulations, Vail Town Code; and WHEREAS, the Council finds that the proposed amendments promote the health, safety, morals, and general welfare of the Town and promote the c oordinated and harmonious development of the Town in a manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 12-15-2, Vail Town Code, GRFA Requirements by Zone District, is hereby amended to read as follows: PA Public accommodation 0.80 1.50 of buildable area None Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have October 6, 2020 - Page 62 of 99 passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 4. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this 6th day of October, 2020, and a public hearing for second reading of this Ordinance set for the 20th day of October, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 20th day of October, 2020. _____________________________ Dave Chapin, Town Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk October 6, 2020 - Page 63 of 99 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. October 6, 2020 - Page 64 of 99 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. October 6, 2020 - Page 65 of 99 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 October 6, 2020 - Page 66 of 99 TO: Planning and Environmental Commission FROM: Community Development Department DATE: September 14, 2020 SUBJECT: 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) Applicant: Town of Vail Planner: Greg Roy I. SUMMARY The applicant, Town of Vail, is proposing to update the Vail Town Code to correct the GRFA calculation in the table of Section 12-15-2, to match the correct GRFA number for the PA Zone District. II. DESCRIPTION OF REQUEST The Applicant requests a recommendation of approval 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 GRFA calculation in the table for the PA Zone District, and setting forth details in regard thereto. III. BACKGROUND In Ordinance No. 12, Series of 1978 the PA Zone District listed the allowable GRFA as 80 SF per buildable area. Ordinance No. 23, Series of 1999, increased the allowable GRFA to 150 SF but there was no corresponding change to the table in Section 12-15-2 that lists the allowed GRFA for all the zone districts. IV. PROPOSED TEXT AMENDMENT LANGUAGE The applicant proposes the following language to be amended in Title 12: October 6, 2020 - Page 67 of 99 Town of Vail Page 2 The proposed amendments are as follows (text to be deleted is in strikethrough, text that is to be added is bold. 12-15-2: GRFA Requirements by Zone District; PA Public accommodation 0.80 1.50 of buildable area None V. ROLES OF REVIEWING BODIES Order of Review: Generally, text amendment applications will be reviewed by the Planning and Environmental Commission, and the Commission will forward a recommendation to the Town Council. The Town Council will then review the text amendment application and make the final decision. Planning and Environmental Commission: The Planning and Environmental Commission is responsible for the review of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code, and the forwarding of a recommendation to the Town Council. Town Council: The Town Council is responsible for final approval, approval with modifications, or denial of a text amendment application, pursuant to Section 12 -3-7, Amendment, Vail Town Code. Staff: The Town Staff facilitates the application review process. Staff reviews the submitted application materials for completeness and general compliance with the appropriate requirements of the Town Code. Staff also provides the Planning and Environmental Commission a memorandum containing a description and background of the application; an evaluation of the application in regard to the criteria and findings outlined by the Town Code; and a recommendation of approval, approval with modifications, or denial. VI. APPLICABLE PLANNING DOCUMENTS Staff believes that following provisions of the Vail Town Code and Vail Land Use Plan are relevant to the review of this proposal: Vail Comprehensive Plan October 6, 2020 - Page 68 of 99 Town of Vail Page 3 Land Use and Development Goal #3 • Develop a streamlined design review process and include in regulation updates. VII. CRITERIA FOR REVIEW 1. The extent to which the text amendment furthers the general and specific purposes of the zoning regulations; and The general purposes of the zoning regulations are for “promoting the health, safety, morals, and general welfare of the town, and to promote the coordinated and harmonious development of the town in a manner that will conserve and enhance its natural environment and its established character as a resort and re sidential community of high quality”. This text amendment is intended to advance these purposes by providing clear standards in the zoning code that is consistent and less ambiguous. 2. The extent to which the text amendment would better implement and better achieve the applicable elements of the adopted goals, objectives, and policies outlined in the Vail comprehensive plan and is compatible with the development objectives of the town; and The proposed text amendment will provide staff, as well as anyone who references the code, clear standards for planning and development review that can be applied consistently.. The clarification of this section will help better implement and better achieve the adopted goals, objectives and policies in Vail. 3. The text amendment demonstrates how conditions have substantially changed since the adoption of the subject regulation and how the existing regulation is no longer appropriate or is inapplicable; and The PA Zone District section of the code was changed in 1999, but the table was never corrected to match. The correction is necessary to have consistent application of the code and matching regulations. 4. The extent to which the text amendment provides a harmonious, convenient, workable relationship among land use regulations consistent with municipal development objectives; and By increasing transparency in the zoning code, the proposed text amendment would promote a harmonious, convenient and workable relationship among land use regulations consistent with municipal development objectives. The text amendment does not conflict with other existing land use documents or municipal development objectives. October 6, 2020 - Page 69 of 99 Town of Vail Page 4 5. Such other factors and criteria the Planning and Environmental Commission and/or council deem applicable to the proposed text amendments Staff will provide additional information as needed should the PEC and/or council determine other factors or criteria applicable to the proposed text amendments. VIII. STAFF RECOMMENDATION The Community Development Department recommends that the Planning and Environmental Commission forward a recommendation of approval for the prescribed regulation amendment to the Vail Town Council. This recommendation is based upon the review of the criteria outlined in Section Vll of this memorandum and the evidence and testimony presented. Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission pass the following motion: "The Planning and Environmental Commission forwards a recommendation of approval 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 GRFA calculation in the table for the PA Zone District, and setting forth details in regard thereto. (PEC20-0020).” Should the Planning and Environmental Commission choose to forward a recommendation of approval to the Vail Town Council for the proposed prescribed regulation amendment, the Community Development Department recommends the Commission makes the following findings: “Based upon a review of Section VII of the September 14, 2020 staff memorandum to the Planning and Environmental Commission, and the evidence and testimony presented, the Planning and Environmental Commission finds: 1. That the amendment is consistent with the applicable elements of the adopted goals, objectives and policies outlined in the Vail Comprehensive Plan and is compatible with the development objectives of the Town; and 2. That the amendment furthers the general and specific purposes of the Zoning Regulations outlined in Section 12-1-2, Purpose, Vail Town Code; and 3. That the amendment promotes the health, safety, morals, and general welfare of the Town and promotes the coordinated and harmonious development of the Town in a October 6, 2020 - Page 70 of 99 Town of Vail Page 5 manner that conserves and enhances its natural environment and its established character as a resort and residential community of the highest quality." October 6, 2020 - Page 71 of 99 1 Greg Roy From:Dominic Mauriello <dominic@mpgvail.com> Sent:Friday, September 25, 2020 2:21 PM To:Greg Roy; Jonathan Spence; Matt Gennett Cc:Matt Mire; Allison Kent Subject:Proposed Text Amendment for Minor SDD amendments Hi Greg: I noticed the proposed changes being proposed by staff related to Minor SDD notice. I think that it is great that staff is updating the code where it finds issues with the code language. I have a couple of comments and questions about the proposed. 1. Why would you limit the change to just the minor amendment process and not also include this change for the Major Amendment process as well? There have been instances in the past where a notice mistake was made because the notice requirements for SDD were slightly different than those for any other quasi-judicial application and it would seem to make sense to update that section as well. 2. It seems cumbersome of have notice provisions for SDDs embedded in that chapter when most people refer to the administration chapter to understand notice requirements. I’d recommend you move the SDD notice provisions into the administration chapter so that all notice provisions are consolidated in one place. Thank you for considering my input and please share with the PEC and Town Council. Dominic F. Mauriello, AICP Mauriello Planning Group, LLC PO Box 4777 2205 Eagle Ranch Road Eagle, Colorado 81631 970-376-3318 cell www.mpgvail.com October 6, 2020 - Page 72 of 99 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: Ordinance No. 12, Series of 2020 - First Reading of an Ordinance Repealling and Reenacting Chapter 7 of Title 4 of the Vail Town Code, Relating to Contractor Registration, and E nacting a new Section of 10-1-14 of the Vail Town Code, Relating to the B oard of A ppeals. P RE S E NT E R(S ): C J J arecki, Chief Building Official AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, A pprove with Conditions or Deny Ordinance No. 12, Series of 2020 on F irst Reading. B AC K G RO UND: Construction activity throughout Eagle County is continuing its upward trend, even throughout the pandemic, and remains to be a critical economic driver within the region. Due to an overall shortage of local skilled labor, homeowners, developers, and designers are seeing assistance from contractors located outside of the region - even out of state. This ordinance will ensure that all contractors, local or otherwise, that request to perform work within the Town of Vail are duly qualified to complete such work. AT TAC H ME N TS: Description Staff Memo Ordinance No. 12, Series of 2020 Staff Presentation October 6, 2020 - Page 73 of 99 10/06/2020 Page 1 To: Vail Town Council From: Town of Vail Community Development Department Building and Fire Code Appeals Board C.J. Jarecki, CBO - Chief Building Official Date: 10/6/2020 Subject: Ordinance 12, Series of 2020: AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS Summary: The purpose of this memorandum is to provide information to the Vail Town Council regarding adoption of an Ordinance that will amend the Town Municipal Code as recommended by Community Development and the Building and Fire Code Appeals Board. The members of the Board making this recommendation are: • Mark J. Mueller, PE Structural Engineer • Kathy Langenwalter, RA Architect • Mark Hollenbeck General Contractor • Steve Loftus Mechanical Engineer/Contractor • Rollie Kjesbo General Contractor • Kyle Webb, RA Architect • Mark Donaldson, RA Architect In order to ensure contractors intending to perform construction work within the Town of Vail are duly qualified to complete such work, it has become apparent that the existing code language and processes involved with contractor registration are insufficient. This ordinance will require that all contractors be licensed and/or hold certification within their trade to perform construction work within the Town of Vail. This will ensure that the residents of the Town of Vail, and the general public, are receiving the services of qualified contractors. October 6, 2020 - Page 74 of 99 10/06/2020 Page 2 Background: Currently, even throughout the COVID-19 pandemic, the Town of Vail and all municipalities located in the Eagle/Vail Valley are experiencing an upward trend in construction activity. During the week of Sept. 14 thru 18 alone, Community Development received a total of seventy-three (73) permit applications. The sheer volume of this activity is forcing developers, builders and homeowners alike to seek assistance from outside of our local communities. Thus, a lot of the applications being receiving are from companies located throughout Colorado, along the front range, as well as out of state. Unfortunately, the State of Colorado only regulates licensing requirements for a handful of contractors: Electrical, Plumbing, Fire Alarm and Fire Suppression. Thus, there is no mechanism in place to ensure that any other type of contractor, local or otherwise, possesses the knowledge and experience essential to perform the tasks required of them. Furthermore, it has been discovered that the other municipalities within the Valley are experiencing the same trend. The proposed ordinance and subsequent change to the Municipal Code would allow Vail the opportunity to take the lead and set a standard that can be followed throughout the Valley. The municipalities that are located within the Roaring Fork Valley already have a contractor certification program in place that works very well for them. This ordinance provides for a similar style of certification and registration system. With it, when contractors register with the Town, they will be required to provide proof of successful completion of a National Standard Contractor Certification Exam. These exams are intended to ascertain the knowledge that an individual possesses in relation to the codes and actual constructability of projects. The International Code Council – developers and publishers of the International Codes that the Town has adopted – provide such exams. The Town would also accept proof of a passing score of any other equivalent contractor exam. This could include the Roaring Fork Valley B.E.S.T. certification, certification or licensing from another state that regulates contractors, or any other certification deemed equivalent. This alone will provide the necessary information needed to ensure that the contractors performing work in Vail are qualified to do so. Electrical, plumbing, fire alarm and fire suppression contractors will be exempt from this requirement as they are already regulated by the State and are required to provide their State license number when registering with the Town. This ordinance also ensures that the duties and procedures of the Building and Fire Code Appeals Board, and the language associated with the Board, is located within the proper Title, Chapter and Section(s) of the Town of Vail Municipal Code. October 6, 2020 - Page 75 of 99 10/06/2020 Page 3 Community Development and the Building and Fire Code Appeals Board, in a unanimous vote of 7-0, feel that the adoption of this ordinance is necessary to ensure that every project within the Town is being performed by capable, knowledgeable contractors. This also clarifies how the Town of Vail can verify the qualifications of contractors requesting to perform construction work. As mentioned, Vail’s neighboring municipalities are very interested in this and eager to follow suit. We propose that Vail takes the lead. Proposed adoption date: May 1, 2021 – This will allow for 6 months of outreach and education to all contractors. Also, it will allow for 18 months prior to affecting any currently registered contractor. Action Requested: Town Council shall approve, approve with modifications, or deny Ordinance No.__, Series of 2020 based on the recommendation from Community Development and the Building and Fire Code Appeals Board. Thank you for your consideration in this matter. October 6, 2020 - Page 76 of 99 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX ORDINANCE NO. 12 SERIES 2020 AN ORDINANCE REPEALING AND REENACTING CHAPTER 7 OF TITLE 4 OF THE VAIL TOWN CODE, RELATING TO CONTRACTOR REGISTRATION, AND ENACTING A NEW SECTION 10-1-14 OF THE VAIL TOWN CODE, RELATING TO THE BOARD OF APPEALS WHEREAS, the current version of Title 4 of Chapter 7 of the Vail Town Code, relating to contractor registration, was originally adopted in 1977 and last updated in 2011; WHEREAS, the Community Development Department is charged with administering the provisions of Title 4 of Chapter 7 of the Vail Town Code; WHEREAS, the Town wishes to update the contractor registration requirements to allow the Building Official to evaluate every contractor proposing to perform construction work in the Town, and only register those persons who have achieved minimum certification; WHEREAS, previously, the Code section establishing the Board of Appeals was included in Chapter 7 of Title 4 of the Vail Town Code, but should be located within Title 10 of the Vail Town Code; and WHEREAS, the Vail Town Council finds it in the best interest of the public health, safety and welfare to adopt these amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Chapter 7 of Title 4 of the Vail Town Code is hereby repealed in its entirety and reenacted as follows: CHAPTER 7 CONTRACTOR REGISTRATION 4-7-1: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: BOARD: The Building and Fire Code Appeals Board or Board of Appeals as defined in the International Building Code, as adopted by the Town. BUILDING OFFICIAL: The Building Official as defined in the current version of the Building Code adopted by the Town, or designe e. CONSTRUCTION WORK: Any new construction, additions, repairs, alterations, installations, demolition, removal, conversions, replacements or renovations of any building or structure, or excavation in the Town that requires a permit. October 6, 2020 - Page 77 of 99 2 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX CONTRACTOR: A person that undertakes or offers to undertake for another construction work, including without limitation a general contractor, plumbing contractor, mechanical contractor, electrical contractor, excavation contractor, demolition contractor, fire protection contractor, roofing contractor or subcontractor. PERMIT: A building permit or other permit authorizing construction work in the Town. 4-7-2: REGISTRATION: A. Every contractor performing construction work in the Town shall be registered under this Chapter prior to undertaking any construction work or applying for a permit. B. A contractor will be considered to be registered under this Chapter if the contractor is employed by a company, corporation or organization in which at least one person also employed by that company, corporation organization is registered. If the sole person registered as a contractor in any company, corporation or organization leaves the employment of that company, corporation or organization, the company, corporation or organization shall register a different employee under this Chapter within 90 days. C. Any contractor holding a current, valid registration as of the date of the ordinance codified in this Chapter shall not be required to comply with this Chapter until the existing registration is required to be renewed. D. The registration of a contractor under this Chapter does not express or imply any level of qualification, competency, or other assessment of the contractor’s ability to perform construction work. 4-7-3: CLASSIFICATION: A. The following classes of contractor registration are available: 1. Type A Contractor (AC). 2. Type B Contractor (BC). 3. Type C Contractor (CC). 4. Electrical Contractor (EC). 5. Fire Alarm Contractor (FAC). 6. Fire Sprinkler Suppression Contractor (FSC). 7. Homeowner Contractor (HC). October 6, 2020 - Page 78 of 99 3 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 8. Landscape Contractor (LC). 9. Mechanical Contractor (MC). 10. Plumbing Contractor (PC). 11. Roofing Contractor (RC). 12. Solar Contractor (SC). 13. Waste Hauler (WC). 14. Other Contractor (OC). B. A list of the type of construction work that may be performed by each class of contractor shall be maintained by the Community Development Department. Each contractor shall perform only the type of work so authorized. C. Any person may make an application for registration as a homeowner contractor without a license or certification provided that the construction work is specifically for the dwelling unit solely owned by the applicant, being performed solely by the applicant, and the construction work does not alter or affect the structural integrity, means of egress, electrical systems, or plumbing systems of the unit, building or structure. 4-7-4: APPLICATION AND REGISTRATION: A. Application: Applications for contractor registration shall be completed at www.vail.onlinegovt.com, or a successor location designated by the Town. At a minimum, the application shall include: 1. The business name, name of the principal party/business owner/certification holder; 2. A current mailing address, valid electronic mail address, and valid phone number; 3. The applicable application fee, as set by resolution of the Town Council; 4. Proof of insurance as required by Section 4-7-5; 5. Proof of certification/licensing and training as required by Section 4- 7-6; 6. For Electrical Contractors and Plumbing Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Regulatory Agencies; and October 6, 2020 - Page 79 of 99 4 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 7. For Fire Suppression Contractors and Fire Alarm Contractors, a copy of their license or current license number as provided by the State of Colorado Department of Fire Prevention and Control. B. Registration: Upon receipt of a complete application and the applicable fee, the Building Official shall register the contractor. C. Expiration: Each registration shall be valid until April 30 th of the third year following the year of registration. 4-7-5: INSURANCE: A. Each contractor shall always be covered by the following insurance while performing construction work in the Town, at a minimum: 1. Worker's compensation insurance as required by law; 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate, applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. B. Proof of insurance shall be provided to the Town upon each application for registration, and upon request at any other time. 4-7-6: CERTIFICATION AND TRAINING REQUIREMENTS: A. Each registered contractor shall maintain current certification(s). The current certification requirements for each classification of contractor shall be maintained by the Community Development Department. B. Each contractor shall observe the training requirements of the Town. The current training requirements for each classification of contractor shall be maintained by the Community Development Department. C. A Homeowner Contractor shall be exempt from the training and certification requirements of this Section. D. While performing construction work in the Town, all registered contractors shall comply with all applicable laws, ordinances, rules and regulations. 4-7-7: SUSPENSION OR REVOCATION: A. The Building Official may, for unskillfulness, carelessness, willful violation of any lawful directions or orders by the Building Official, or any violation of law , October 6, 2020 - Page 80 of 99 5 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX order the temporary suspension or permanent revocation of a contractor's registration, following notice and a hearing as provided in this Section. B. Written notice of the hearing shall be given to the contractor at least seven (7) days before the hearing. The notice shall contain a brief statement of the reason for the proposed suspension or revocation. Such notice shall be given either personally or by certified first class U.S. mail to the address on file with the Town. C. At the hearing, the Building Official shall hear and consider such statements and such evidence as deemed relevant to the violation alleged in the notice. The contractor may appear to contest the suspension or revocation of the license. D. Within ten (10) days of the hearing, the Building Official shall issue a written order, including findings of fact. A copy of the order shall be mailed to or served on the contractor at the address on file with the Town. 4-7-8: VIOLATION AND PENALTY: A. It is unlawful to violate any provision of this Chapter. Any person who violates any provision of this Chapter is subject to the penalty set forth in Section 1-4-1 of this Code. B. In addition to any other applicable penalty, if the Building Official determines that a person has undertaken construction work in the Town without a valid registration as required by this Chapter, and such person wishes to continue such construction work, such person shall first register as a contractor under this Chapter, but the application fee shall be twice the amount otherwise due . Section 2. Chapter 1 of Title 10 of the Vail Town Code is hereby amended by the addition of the following new Section 10 -1-14: 10-1-14: APPEALS: A. Appeal of Building Official Actions: 1. Authority: The Building and Fire Code Appeals Board shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Building Official with respect to the provisions of this Code. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Building Official. October 6, 2020 - Page 81 of 99 6 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Building Official’s decision. Upon the filing of the appeal, the Building Official shall forward all records concerning the subject matter of the appeal to the Board . ii. The appeal shall be considered by the Board at its next regularly scheduled meeting. iii. The Board may affirm, reverse, or modify the action of the Building Official, or schedule a hearing. Failure of the Board to act within fourteen (14) days of receipt of the appeal information shall be deemed concurrence with the action of the Building Official. iv. If a hearing is deemed necessary, it shall be held within thirty (30) days of the first consideration by the Board. Written notice shall be sent to the appellant a minimum of fourteen (14 ) days prior to the scheduled hearing. The Board may grant one continuance of the hearing of up to thirty (30) days. 4. Findings: The Board shall, on all appeals, make findings of fact based on the evidence presented, as to how the requirements of the applicable Code have or have not been met. B. Appeal of Building and Fire Code Appeals Board Actions: 1. Authority: The Town Council shall have the authority to hear and decide appeals from any order, decision, determination or interpretation by the Board of Appeals. 2. Initiation: An appeal may be initiated by any resident, property owner, or contractor adversely affected by any order, decision, determination or interpretation by the Board of Appeals. Failure to file a timely appeal shall constitute a waiver of any rights under this Chapter to appeal any order, decision, determination or interpretation by the Board of Appeals. 3. Procedure: i. A written notice of appeal shall be filed with the Community Development Department within fourteen (14) days of the Board’s decision. Upon the filing of the appeal, the Board shall forward all records concerning the subject matter of the appeal to the Town Council. ii. The Town Council shall hear the appeal at its next regular meeting. iii. The Town Council may confirm, reverse or modify the action of the Board. October 6, 2020 - Page 82 of 99 7 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX 5. Decision: The Town Council may affirm, reverse or modify the action of the Board. The Town Council shall make findings of fact based the evidence presented. 6. Final Decision: The decision of the Town Council shall be final, subject only to judicial review by a court of competent jurisdiction under C.R.C.P. 106(a)(4). Section 3. The changes adopted by Section 1 of this Ordinance shall become effective on or after May 1, 2021. The changes adopted by Section 2 of this Ordinance shall become effective on or after November 1, 2020. Section 4. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall no t affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 5. The amendment of any provision of the Vail Town Code in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repeal ed or superseded unless expressly stated herein. Section 6. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or part thereof, theretofore repealed. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST READING this ___ day of __________, 2020 and a public hearing for second reading of this Ordinance is set for the ___ day of _____________, 2020, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of ____________, 2020. October 6, 2020 - Page 83 of 99 8 9/28/2020 \\FILESERVER2019\REDIRECTED$\CJARECKI\DESKTOP\CONTRACTOR REGISTRATION-O071020.DOCX _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk October 6, 2020 - Page 84 of 99 CONTRACTOR REGISTRATIONPROCESS, PROCEDURES AND PROPOSALSOctober 6, 2020 - Page 85 of 99 SIMPLE PROCESS… WILL NOT CHANGEGo to: www.vail.onlinegovt.comRegister/Login to siteClick on the “Apply for a Contractor Registration” optionFill out the required informationPay the required feeConfirmation email receivedDone!October 6, 2020 - Page 86 of 99 CURRENT REQUIREMENTS AND REGULATIONSPlumbers and Electricians – Colorado DORA licensingFire Alarm and Suppression Contractors – Colorado DFPC licensingAll others – no requirementsAll contractors – Insurance requirementsEmployee liabilityWorker’s compensation$1,000,000 – bodily injury / $1,000,000 – property damage, or;$1,000,00 in the aggregateOctober 6, 2020 - Page 87 of 99 PROPOSED REQUIREMENTS AND REGULATIONSPlumbers and electricians – Colorado DORA licensingFire Alarm and Suppression Contractors – Colorado DFPC licensingAll others – trade specific ICC National Standard Exam Certification or equivalent (i.e.: B.E.S.T. test, Denver Supervisor Cert., state exam/license from another state, etc.)All contractors – Insurance requirementsWorker’s compensation as required by lawCommercial General Liability insurance•$1,000,000/each occurrence•$2,000,000/general aggregateOctober 6, 2020 - Page 88 of 99 BENEFITS OF BEING CERTIFIEDSelling point for your servicesInsurance rate reductionsClient confidenceCode / skill developmentOctober 6, 2020 - Page 89 of 99 WHAT DOES THE TYPICAL EXAM INVOLVE?For International Code Council National Standard Exams, all of the following are true:Exams can be scheduled by visiting www.pearsonvue.com/iccor calling (877)234-6082All exams are “open book”All exam questions come directly out of the book(s)All exam questions are multiple choiceAll exams are timed – length depends on amount of questionsOctober 6, 2020 - Page 90 of 99 EXAMPLE EXAM CONTENTOctober 6, 2020 - Page 91 of 99 WHAT WILL THIS COST ME/MY COMPANY?In the previous example:Exam cost: $115.00Book Cost:International Residential Code, non-member $148.00 / member $111.00ICC Concrete Manual, non-member $91.00 / member $75.00Your time!The TOV will always purchase books for you at the member price, so for a grand total of $301.00 and a day of your time, you and your company can become certified in your trade!October 6, 2020 - Page 92 of 99 TEST CENTER LOCATIONSColorado Springs• 1045 Garden of the Gods Road, Unit FGrand Junction• Skyline Building, 751 Horizon Court, Suite 101Greeley• 4290 West 10thStreet, Suite 109AGreenwood Village• 5660 Greenwood Plaza Blvd, Suite 510Pueblo• University Center Prof. Bldg., 41 Montebello Road, Suite 312Westminster• 9101 Harlan Street, Suite 220Wheat Ridge• 4251 Kipling Street, Suite 100October 6, 2020 - Page 93 of 99 EQUIVALENCY EXAMSRoaring Fork Valley B.E.S.T. TestCity & County of Denver Supervisor CertificationState certification/license from another stateOctober 6, 2020 - Page 94 of 99 NEW CONTRACTOR CLASSIFICATIONContractor ClassificationACType A ContractorBCType B ContractorCCType C ContractorECElectrical ContractorFACFire Alarm ContractorFSCFire Suppression ContractorHCHomeowner ContractorLCLandscape ContractorMCMechanical ContractorOCOther ContractorPCPlumbing ContractorRCRoofing ContractorSCSolar ContractorWHWaste HaulerOctober 6, 2020 - Page 95 of 99 NEW CONTRACTOR CLASSIFICATION, CONT.Classification Scope of Work Requirement for RegistrationType ATo erect, add to, alter, demolish or repair any type of building or structure.ICC National Standard General Building Contractor (A) Exam, or equivalent*Type BTo erect, add to, alter, demolish or repair any building or structure classified as less than a high‐rise, as defined by the IBC, and not of Type IA/B or IIA/B construction.ICC National Standard Building Contractor (B) Exam, or equivalent*Type CTo erect, add to, alter, demolish or repair one‐and two‐family dwellings, U occupancy buildings and attached single‐unit dwellings (townhomes).ICC National Standard Residential Building Contractor (C) Exam, or equivalent*Electrical Any and all AC electrical work. Colorado DORA LicenseFire Alarm Any and all work related to fire alarm and signaling systems (low voltage). Colorado DFPC LicenseFire SuppressionAny and all work related to fire sprinkler and suppression systems, including associated plumbing.Colorado DFPC LicenseHomeownerAny work on a dwelling unit solely owned by said person and the work does not alter or affect the structural integrity, means of egress, electrical systems, or plumbing systems of the unit, building or structure.No exam requirements  October 6, 2020 - Page 96 of 99 NEW CONTRACTOR CLASSIFICATION, CONT.LandscapeAny work involving the planting, building, installation or removal of elements of design conceived by a landscape architect or other designer.No exam requirementsMechanicalAll boiler, furnace, air conditioning, ventilation, gas service and refrigeration work.ICC National Standard Master Mechanical Exam, or equivalent*Plumbing Any and all plumbing and gas service work. Colorado DORA LicenseRoofing Any and all roofing work.ICC National Standard Roofing Contractor/Subcontractor Exam, or equivalent*SolarAll DC side work, including electrical, module installation, module mounting, etc. (AC side work to be completed by licensed electrical contractor).NABCEP CertificationWaste The removal of waste, composte and/or recycling materials. No exam requirementsOtherIncludes all other trades ‐drywall, concrete/foundations, demolition, excavation, wood framing, insulation, masonry, waterproofing/damp proofing, siding, etc. No exam requirements ‐acting as subcontractor only and cannot apply for stand‐alone permitOctober 6, 2020 - Page 97 of 99 QUESTIONS???October 6, 2020 - Page 98 of 99 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: A djournment 8:05 pm (estimate) October 6, 2020 - Page 99 of 99