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HomeMy WebLinkAbout2021-07-20 Agenda and Supporting Documentation Town Council Evening Meeting Agenda VAIL TO W N C O U N C IL R E G U L AR ME E T IN G E vening Agenda Town Council Chambers and Vir tual on Zoom 6:00 P M, July 20, 2021 Meeting to be held in Council Chambers and Virtually on Zoom (access H igh Five Access Media livestream day of the meeting) Notes: Times of items are approximate, subject to change, and cannot be relied upon to determine what time Counc il will consider an item. Public c omment will be taken on eac h agenda item. Citizen participation offers an opportunity for c itizens to express opinions or ask questions regarding town services, polic ies or other matters of community concern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide effic iency in the conduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.Citiz en Participation (10 min.) 2.Any action as a result of executive session 3.P roclamations 3.1.Proc lamation No. 6, Series 2021, Recognizing Randy Bell Milhoan and the Summervail Art W orkshop Legac y Projec t 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Counc il: A pprove Proc lamation No. 6, S eries 2021 Rec ognizing Randy Bell Milhoan and the Summervail Art W orkshop Legac y Projec t 4.Appointments for Boards and Commissions 4.1.Design and Review Board (D RB) Appointments 5 min. Presenter(s): Dave Chapin Action Requested of Counc il: Motion to appoint one member to service on the D RB for a two year term ending March 31, 2022 5.Consent Agenda (5 min.) 5.1.J une 1, 2021 Meeting Minutes 5.2.J une 15, 2021 Meeting Minutes 5.3.Resolution No. 32, Series of 2021 A Resolution Approving an I ntergovernmental Agreement B etween the Town of Vail and E agle C ounty Clerk and Rec order Concerning a Coordinated Election on November 2, July 20, 2021 - Page 1 of 88 2021 Action Requested of Counc il: A pprove, approve with amendments or deny Resolution No. 1 Series of 2021 Bac kground: The Town of Vail wishes to enter into an I ntergovernmental Agreement with Eagle County Clerk and Rec order for the purpose of conduc ting a c oordinated election on November 2, 2021. Staff Rec ommendation: Approve, approve with amendments or deny Resolution No. 1 Series of 2021 5.4.Contract with 360 Paving L L C (c omplete Lionsridge Loop Drainage I mprovements) Action Requested of Counc il: A uthorize the Town Manager to enter into an agreement with 360 Paving L L C to c omplete the Lionsridge Loop D rainage I mprovements Project. Bac kground: Staff received 3 bids for the Lionsridge Loop D rainage I mprovements Project from 360 Paving, I c on, I nc and United Companies. The projec t is budgeted with the C apital Street Maintenanc e budget and is within the engineer ’s estimate. Project inc ludes drainage improvements to minimize ic e build up at the bus stop located at Lionsridge Loop and the S Frontage Rd and asphalt resurfacing of Lionsridge Loop from the S Frontage Rd to Vail View D r. The projec t is scheduled to be c ompleted by September 24, 2021. Staff Rec ommendation: Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving L LC to complete the Lionsridge Loop Drainage I mprovements Project in the amount not to exc eed $150,250.00. 6.Town Manager Report (10 min.) 7.Action Items 7.1.Request for an Easement on Town of Vail Stream Tract - Sonnenalp Properties 20 min. Presenter(s): Erik Gates, Planner and Tom Kassmel, Town Engineer Action Requested of Counc il: The Community Development Department requests that the Town Council evaluate the proposal to enter into an easement agreement allowing the usage of Town of Vail property and Stream Tract for a grease interc eptor servicing the Sonnenalp lower kitchen. Bac kground: During the renovation of the Sonnenalp lower level kitc hen, it was discovered that a grease interceptor had never been installed for this kitchen. The applicant designed and installed a new grease interceptor on the south side of the building that was mistakenly believed to be entirely within the Sonnenalp property. This was done without receiving a building permit for the improvement. I t has since been confirmed that this grease interceptor was installed partially on Town of Vail Stream Trac t property. Staff Rec ommendation: The C ommunity Development and Public W orks Departments rec ommend that the Town Council deny this easement request. Should the Vail Town C ounc il choose to deny this request, Staff would also rec ommend that the Town Council request a date of the applic ant to have the grease interceptor removed from Town property. 7.2.Ordinanc e No. 15, Series 2021, an Emergenc y Ordinance suspending new registrations for c ertain short-term rentals in the Town of Vail through Oc tober 19, 2021. 30 min. July 20, 2021 - Page 2 of 88 Presenter(s): Scott Robson, Town Manager; Matt Gennett, C ommunity Development Director and Matt Mire, Town Attorney Action Requested of Counc il: A pprove, amend or deny Ordinance No. 15, Series 2021. Bac kground: Please see attached memorandum and attachments. Staff Rec ommendation: Approve, amend or deny Ordinanc e No. 15, Series 2021 8.P ublic Hearings 8.1.Ordinanc e No. 14, Series 2021, Second reading, An Ordinanc e Authorizing the Transfer of C ertain Property in the Town's Right-of-W ay for W est Forest Road in the Exchange for Alternate Property, and Approving the Assoc iated Exchange A greement, all to Ac commodate Construction of Two Residences at 816 W est Forest Road 5 min. Presenter(s): Tom Kassmel, Town Engineer Action Requested of Counc il: A pprove, approve with amendments or deny Ordinanc e No. 14, Series 2021 upon second reading. Bac kground: The Developer at 816 and 826 W est Forest Road has requested a land swap between the Town of Vail's W est Forest Road Right of W ay and a portion of 816 and 826 W est Forest Road property. The land swap would allow the developer to more easily ac cess their property at 816 and 826 W est Forest Road, an extremely steep lot with limited ac cess opportunities. Staff Rec ommendation: Approve, approve with amendments or deny Ordinanc e No. 14, Series 2021 upon second reading 9.Adjournment 9.1.Adjournment 7:30 pm (estimate) Meeting agend as and materials c an b e ac cess ed prior to meeting d ay o n the Town o f Vail website www.vailgov.c o m. All town counc il meetings will b e s treamed live by High F ive Acc es s Med ia and available fo r pub lic viewing as the meeting is hap p ening. T he meeting vid eo s are als o p o s ted to High F ive Acc es s Media website the week fo llo wing meeting d ay, www.highfivemed ia.org. P leas e c all 970-479-2136 for ad d itional informatio n. S ign language interpretatio n is availab le up o n req uest with 48 ho ur notific ation dial 711. July 20, 2021 - Page 3 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : P roclamation No. 6, S eries 2021, Recognizing Randy B ell Milhoan and the Summervail A rt Workshop L egacy P roject P RE S E NT E R(S ): D ave C hapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove P roclamation No. 6, Series 2021 Recognizing Randy B ell Milhoan and the S ummervail A rt Workshop L egacy Project AT TAC H ME N TS : Description Proclamation N o. 6 Summervail Art W orkshop July 20, 2021 - Page 4 of 88 PROCLAMATION NO. 6, SERIES OF 2021 Recognizing Randy Bell Milhoan and the Summervail Art Workshop Legacy Project WHEREAS; the Vail Town Council approved the establishment of a Cultural Heritage Committee (CHC) whose mission is to preserve, enrich and sustain the cultural and historic legacy of Vail, and the Committee recently adopted a vision statement that includes connecting Vail's past, present and future to create a legacy that inspires future generations to celebrate and sustain our community, its history and heritage ; WHEREAS; the Vail Town Council recognizes the Summervail Art Workshop Legacy Project as part of the CHC programming which seeks to recognize the town’s historic involvement along with Randy Milhoan’s efforts in helping to create the art and cultural cornerstones of the Vail community; WHEREAS, accessibility to the study of art, dance, music and all realms of experiential activities are key motivators for people to visit and reside in the Vail Valley and Randy Milhoan who served as the original siren song, adding appeal to the early programming, which enticed visiting artists to the Vail Valley; WHEREAS, Randy Milhoan’s inspired and energetic wisdom planted the roots for the Summervail Art Workshop for Art and Critical Studies, and the Town of Vail has benefitted greatly from the inspired art scene due to Milhoan’s contribution and the formation of the Summervail Art Workshop for Art and Critical Studies which inspired art, dance, music, galleries, classes, art education, lecture series and interactive learning for over 14 years; WHEREAS, Randy Milhoan and his peers created the inspiration for many generations to come to see, witness, and participate in the broad spectrum of national and international arts and culture in the Vail Valley; the Summervail Art Workshop for Art and Critical Studies programs inspired many of today’s art and cultural non-profit organizations; WHEREAS, the importance of art and culture can be directly attributable to Randy Milhoan and the Summervail Art Workshop Legacy Project to establish the historical preservation of the legacy of the Summervail Art Workshop for Art and Critical Studies program, which ran from 1971 to 1984 and became an invaluable treasured and historical asset to the Town of Vail and to the art world; July 20, 2021 - Page 5 of 88 NOW, THEREFORE, be it resolved the Mayor and Vail Town Council proclaims July 19th to July 25th as Summervail Art Workshop for Art and Critical Studies week in Vail, Colorado and urge everyone to participate in the programs that speak to the art and culture of the Summervail Art Workshop Legacy Project. The Town of Vail greatly appreciates all of Randy Milhoan’s contributions to this programming and we thank him for his creativity, diligence, and leadership which helped create a legacy of artistic and cultural programs in Vail. The Town Council extends its sincerest thanks to those who are a part of the Summervail Art Workshop Legacy Project and all it has done to support the Town of Vail’s vision “to be the premier international mountain resort community”. Dated this 20th day of July 2021. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk July 20, 2021 - Page 6 of 88 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 : Design and Review B oard (D R B ) A ppointments P RE S E NT E R(S ): D ave C hapin AC T IO N RE Q UE S T E D O F C O UNC IL : Motion to appoint one member to service on the D R B f or a two year term ending March 31, 2022 July 20, 2021 - Page 7 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : J une 1, 2021 Meeting Minutes AT TAC H ME N TS : Description June 1, 2021 Meeting Minutes July 20, 2021 - Page 8 of 88 Town Council Meeting Minutes of June 1, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, June 1, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Jen Mason Brian Stockmar Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation There was no citizen participation 2. Any action as a result of executive session There was none. 3. Consent Agenda 3.1. Resolution 21, Series 2021, A Resolution of the Vail Town Council Approving an Intergovernmental Agreement between the Town of Vail and the Town of Avon for Building Inspection Coverage Services Action Requested of Council: Approve, approve with amendments or deny Resolution 21, Series 2021. Background: The Town of Vail and the Town of Avon desire to cooperate to allow The Town’s building inspectors to perform building inspections in Avon when Avon’s building inspectors are unavailable or on vacation. Staff Recommendation: Approve, approve with amendments or deny Resolution 21, Series 2021. *There was no action taken. Staff was still working through the contract details. 3.2. Contract with Walking Mountain Science Center for Vail Nature Center July 20, 2021 - Page 9 of 88 Town Council Meeting Minutes of June 1, 2021 Page 2 Action Requested of Council: Approve, approve with amendments, or deny contract with Walking Mountain Science Center Background: Annual contract for the Vail Nature Center Staff Recommendation: Approve, approve with amendments, or deny contract with Walking Mountain Science Center Foley made a motion to authorize the Town Manger to enter into an agreement with Walking Mountain Science Center not to exceed $75,000.00; Stockmar seconded the motion passed (7- 0). 4. Town Manager Report 4.1. Vail Welcome Centers Earn Gold Certification from Colorado Tourism Office (vailgov.com) Robson recognized the Vail Welcome Centers for earning a Gold Certification distinction from the Colorado Tourism Office, the highest level achievable. 4.2. Update about American Cross Rescue Plan Funds Kathleen Halloran, Finance Director, reviewed the types of projects eligible to receive pandemic recovery federal funding. Council will review additional details at the next meeting. 4.3. Review Proposed Community Picnic Dates (July 13 at Bighorn Park; August 10 at Donovan Pavilion) Council agreed on the dates for the community picnics 5. Presentations / Discussion 5.1. 2020 Audited Financial Statements for the Town of Vail Presenter(s): Kathleen Halloran, Finance Director and Michael Jenkins, McMahan and Associates Action Requested of Council: The 2020 audited financial statements are presented to Town Council for information only; No action requested. Background: In accordance with section 9.11 of the Vail Town Charter, an independent audit shall be made of all town accounts at least annually. The audit shall be conducted by certified public accountants and made available for public inspection. The 2020 audit was conducted by McMahan and Associates. Halloran provided a review of the 2020 financial statements starting with Government Wide Statements. Halloran explained the Government Wide Statement provided a broad overview similar to a private sector business, including capital assets and long-term debt on a full accrual basis. July 20, 2021 - Page 10 of 88 Town Council Meeting Minutes of June 1, 2021 Page 3 Statement of Net Position: • Assets exceed liabilities by $338.5M • $208.6M net investment in capital assets • $2.4M TABOR reserves; $1.1M restricted; $126.3M unrestricted Statement of Activities: • $17.5M increase in net position • $82.8 M revenue; $19.6M program specific; and $63.2M general revenue • $65.3M expenses Fund Statements are record financial transactions for specific activities of governmental functions. Governmental Funds: • General Fund  Favorable to budget by $3.2M • Capital Projects Fund  Managed $12.7M in projects • Real Estate Transfer Tax Fund  Managed $2.3M in projects  $3.1M Ops • Marketing Fund • Vail Local Marketing District • Vail Reinvestment Authority Proprietary Funds: • Internal Services  Heavy Equipment Fund  Health Insurance Fund • Enterprise Funds  Dispatch Services Fund  Timber Ridge Fund Michael Jenkins, McMahan and Associates, reviewed the 2020 audit report with council. Town of Vail was highly liquid with $120M in cash and investments which provides flexibility. There was also a strong asset base with $221.5M, no direct long-term debt and a solid equity position of 62% net equity. Jenkins stated the town came thru challenging year with respectable financial results:  Revenues grew due to RETT and grants;  Fund balances remained healthy, despite demands, and  All funds within approved budgets. Jenkins noted accounting policies and practices are conservative, consistent & compliant. There was no public comment and council did not have any questions. Council thanked Halloran and Jenkins for their presentation. 5.2. Wildland Fire Seasonal Outlook and Wildland Fire Mitigation Program Updates Presenter(s): Paul Cada, Wildland Program Manager Mark Novak, Fire Chief July 20, 2021 - Page 11 of 88 Town Council Meeting Minutes of June 1, 2021 Page 4 Action Requested of Council: Provide feedback to staff regarding recommended actions Cada reviewed the wildland fire program update with council. The presentation was included in the council’s packet of material for this meeting. The three largest wildfires ever recorded in Colorado occurred in 2020. There would likely be a significant wildfire season again this year if drought continues. Emphasis had been on fire-adapted education thru the Wildfire Ready campaign. This had resulted in 100% increase in signups for EC Alert, double the number of signups for Community Connect, 400% increase in webpage traffic on wildfire evaluation and early use of chipping program Cada noted there would be continued emphasis on personal responsibility and the changing fire environment throughout the spring and summer. Chief Novak reminded council that wildfire code amendments had taken place as of March 2020 and implementation had been reasonably smooth. The code amendments applied to new construction, additions over 500 sq. ft. and substantial deck replacements. Evacuation planning had improved countywide based on lessons learned from the 2020 fires. Novak emphasized that community education was critical. Operational readiness, Vail's wildland division provided supplemental staffing 7 days a week from May thru October. Wildland deployments over the past several years was leading to higher levels of qualification and better levels of service to the community. Implementation of the Community Wildfire Protection Plan had included Booth Creek prescribed fire and future project planning to include discussions with Vail Resorts and maintenance of previously treated areas. Novak shared additional funding would allow for planning and implementation of larger-scale mitigation projects with dedicated staff. Booth Creek environmental analysis would include a public scoping process in mid-summer. Treatment options in designated wilderness areas would be limited to the most minimal tool available to accomplish the project objectives which would add complication to project implementation There was no public comment. Council asked if rebates could possibly be offered for homeowners to replace shake shingle roofs. Council expressed support for the recommendations offered by Novak 6. Public Hearings 6.1. Ordinance No.11, Series 2021, Second Reading, An Ordinance Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard Thereto Presenter(s): Erik Gates, Planner Action Requested of Council: Approve, approve with amendments, or deny Ordinance No.11, Series 2021 Second Reading, An Ordinance Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard Thereto Background: On June 18th, 2015, the Supreme Court of the United States (SCOTUS) issued a decision on Reed v. Town of Gilbert in favor of Reed that put the constitutionality of sign codes in many municipalities, including the Town of Vail, into question. The SCOTUS decision July 20, 2021 - Page 12 of 88 Town Council Meeting Minutes of June 1, 2021 Page 5 generally points to municipalities needing sign codes that address time, place, and manner distinctions only when it comes to sign regulation. Changes proposed in the current draft of the new sign code aim to remove content and speaker distinctions as much as possible, to “clean up” the code by removing redundant or irrelevant definitions and regulations, and to address concerns brought by the PEC at previous meetings. Staff Recommendation: Approve, approve with amendments, or deny Ordinance No.11, Series 2021 Second Reading, An Ordinance Repealing and Reenacting Title 11, Sign Regulations, Vail Town Code, Pursuant to Section 12-3-7, Amendment, to Adopt Updated Sign Regulations, and Setting Forth Details in Regard Thereto Gates reviewed Ordinance No. 11, Series of 2021 with council stating there had been no changes since the first reading. There was no public comment and council did not have any questions. Coggin made a motion to approve Ordinance No. 11, Series of 2021 upon second reading; Bruno seconded the motion passed (7-0). There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 7:32 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 20, 2021 - Page 13 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : J une 15, 2021 Meeting Minutes AT TAC H ME N TS : Description June 15, 2021 Meeting Minutes July 20, 2021 - Page 14 of 88 Town Council Meeting Minutes of June 15, 2021 Page 1 Vail Town Council Meeting Minutes Tuesday, June 15, 2021 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Chapin. Members present: Dave Chapin, Mayor Kim Langmaid, Mayor Pro Tem Jenn Bruno Travis Coggin Kevin Foley Brian Stockmar Members absent: Jen Mason Staff members present: Scott Robson, Town Manager Patty McKenny, Assistant Town Manager Matt Mire, Town Attorney Tammy Nagel, Town Clerk 1. Citizen Participation Caitlin Murray, BRAVO! Vail Executive Director was excited to announce the upcoming 2021 BRAVO! Vail Music Festival beginning June 24. 2. Federal Legislation Updates from Congressman Joe Neguse Neguse thanked Vail for supporting the American Rescue Plan. He stated Congress was focusing on the federal infrastructure Bill that would help make our economy more sustainable and also create jobs. He commended the Town Council for its pandemic recovery work. Council asked Neguse a few questions regarding the Infrastructure Bill; incentives to get people back to work; wildlife overpass; and paying for all COVID related assistance. Additionally, council thanked Neguse for his support of climate action initiatives. 3. Any action as a result of executive session There was none. 4. Consent Agenda 4.1. May 4, 2021Town Council Meeting Minutes Langmaid made a motion to approve the May 4, 2021 Town Council Meeting Minutes; Foley seconded the motion passed 6-0 4.2. May 18, 2021 Town Council Meeting Minutes July 20, 2021 - Page 15 of 88 Town Council Meeting Minutes of June 15, 2021 Page 2 Coggin made a motion to approve the May 18, 2021 town Council Meeting Minutes; Foley seconded the motion passed 6-0. 4.3. Resolution No. 24, Series of 2021, A Resolution Approving a Contract to Buy and Sell Residential Real Estate Action Requested of Council: Approve, approve with amendments, or deny Resolution No. 24, Series of 2021. Background: The Town wishes to purchase the Property pursuant to the terms of the Contract to Buy and Sell Real Estate Staff Recommendation: Approve, approve with amendments, or deny Resolution No. 24, Series of 2021. Coggin made a motion to approve Resolution No. 24, Series of 2021; Bruno seconded the motion passed 6-0 4.4. Resolution 26, Series 2021, A Resolution of the Vail Town Council Approving a Personal Property Donation Agreement between the Town of Vail and the Town of Avon. Action Requested of Council: Approve, approve with modifications, or deny Resolution 26, Series 2021. Background: The Town of Vail is the owner of personal property consisting of 2 passenger buses currently owned by the Town. The Town now intends to donate the 2 passenger buses to The Town of Avon. Staff Recommendation: Approve, approve with modifications, or deny Resolution 26, Series 2021. Langmaid made a motion to approve Resolution No. 26, Series of 2021; Coggin seconded the motion passed 6-0 4.5. Contract with SE Group, (Booth Creek Forest Health and Fuels Project) Presenter(s): Paul Cada, Wildland Program Manager, Kristen Bertuglia, Environmental Sustainability Director Action Requested of Council: Staff requests the Vail Town Council review the Professional Services Agreement and provide direction to the Town Manager on the execution of the contract. Background: The Town of Vail has contracted with SE Group, Frisco, to support the National Environmental Policy Act (NEPA) review for the Booth Creek Forest Health and Fuels Project Environmental Assessment, for Phases 1 and 2. This contract is for Phase 3, which includes additional field work, GIS, public scoping, and final study plan. July 20, 2021 - Page 16 of 88 Town Council Meeting Minutes of June 15, 2021 Page 3 Staff Recommendation: Staff recommends the Vail Town Council direct the Town Manager to enter into a Professional Services Agreement with SE Group in the amount of $76,250. Langmaid made a motion to authorize the Town Manager to enter into an agreement with SE Group in an amount not to exceed $76,250; Foley seconded the motion passed 6-0. 5. Town Manager Report Robson congratulated Kristen Bertuglia, Environmental Sustainability Director, for her reelection to the Holy Cross Energy board of directors. He noted the Vail Child Care Center had hired an interim director. He acknowledged Vail Valley Foundation for their great work in coordinating the GoPro Mountain Games and thanked the Public Works Department for helping with renovation of the Council Chambers. Lastly, Robson noted Eagle County would shift to Stage 1 fire restrictions this week. He also indicated an internal task force had been formed to help coordinate the roll out of a pilot program to minimize the impacts of loading and delivery in the Village. 6. Presentations / Discussion 6.1. Presentation on the process to update the Commercial Linkage Fee, Mitigation Rate and Methods of Mitigation and adopt Residential Linkage obligations for residential development within the Town of Vail Presenter(s): George Ruther, Housing Director; Andrew Knudsen, Principal, EPS; Rachel Shindman, Senior Analyst, EPS Action Requested of Council: No formal action is requested at this time. The Town Council is being asked to engage in the presentation and discussions and provide policy direction as necessary. Background: The Vail Town Council instructed the Housing Department to take the steps necessary to propose updated mitigation fees, mitigation rates, and methods of mitigation for commercial development in the Town of Vail. These fees, rates and methods have not been updated since adoption more than 10 years ago. The Town Council further requested the Housing Department evaluate options for implementing residential linkage obligations for residential development to either complement or replace current inclusionary zoning requirements. This project has been undertaken with the input of the Vail Local Housing Authority. Staff Recommendation: As this is a presentation and discussion intended for information sharing and education, neither the Housing Department staff nor the Vail Local Housing Authority will be providing a recommendation at this time. Ruther provided council with a brief background stating the mitigation rates, fees and methods had not been updated in 10 years. The Housing Department was working on updating those fees, rates and methods along with options for implementing residential linkage obligations for residential development. Ruther stated Knudsen and Shindman would provide a high-level presentation on the current work that had been completed on the updates to the residential linkage program and fee-in-lieu. After the presentation council was asked key policy questions: July 20, 2021 - Page 17 of 88 Town Council Meeting Minutes of June 15, 2021 Page 4 Mitigation Rate: Mitigation Methods: Residential Incentives for those that best align with Town Goals Commercial Council acknowledged the studies presented by Shindman were not positive. Council would like to keep the mitigation rate at 20% acknowledging the price was high but necessary. To keep housing in Vail and not down valley and review the fees, rates and methods on an annual basis. 6.2. Vail Oversize Vehicle Parking Update Presenter(s): Tom Kassmel, Town Engineer Action Requested of Council: Review oversize vehicle parking options and provide direction to staff. Background: The Town of Vail is currently under construction with the Children's Garden of Learning facility at the Lionshead oversize vehicle parking lot. This displaces 11 oversize vehicle parking spaces to West Vail. Staff has reviewed 10 additional alternatives and narrowed those down to 3 preferred options. Staff Recommendation: Review options and provide direction to staff. Kassmel explained the relocation of CGL had displaced the existing 11 oversize vehicle parking spaces to West Vail. Kassmel stated he would present 3 preferred options based on input received from staff, the Parking & Transportation Task Force, Planning and Environmental Commission, and CDOT for council’s consideration. 1) Solar Vail to Middle Creek Parking ($700k): Parallel parking along the North Frontage Road between Solar Vail and Middle Creek; 2) Parking North of Vail Resorts Maintenance ($2M): New parking lot north of Vail Resorts maintenance yard; 3) West Vail Parking Improvements ($750k-$2M): Improvements to the parallel parking that exists west of the West Vail Fire Station Council expressed interest in learning more about both the parking option north of the Vail Resorts maintenance yard in CDOT right of way and the parking option west of the fire station in West Vail. 7. Action Items 7.1. Permission to Proceed through the Development Review Process, Outdoor Dining in Vail Village Presenter(s): Jonathan Spence, Planning Manager Action Requested of Council: The Vail Town Council shall approve, approve with modifications, or deny a request for a blanket approval to proceed through the development review process for outdoor dining for food and beverage establishments in Vail Village until April 30, 2022. July 20, 2021 - Page 18 of 88 Town Council Meeting Minutes of June 15, 2021 Page 5 Background: The Town of Vail has a long standing policy that prior to proceeding through any application (Planning/PW/Etc.) that involves town owned property, the applicant shall first request from the TC, representing the owner, permission to proceed through the related process. This is most common with planning applications, including use permits before the PEC and design applications before the DRB. Outdoor dining in Vail Village is the most commonly requested permission to proceed. Staff Recommendation: The Town Council grant a blanket approval to proceed through the development review process for outdoor dining for food and beverage establishments on town- owned property in Vail Village until April 30, 2022. Spence explained the Town had a long-standing policy that prior to proceeding through any application that involved town-owned property, the applicant would first request from the council, permission to proceed through the related process. Outdoor dining in Vail Village was the most common requested permission to proceed. Spence stated for efficiency purposes staff was asking council to consider a blanket approval to proceed for food and beverage establishments in Vail Village to initiate or expand their outdoor dining on a permanent basis. Stockmar made a motion to grant a blanket approval to proceed through the development review process for outdoor dining for food and beverage establishments on town-owned property in Vail Village until April 30, 2022; Langmaid seconded the motion passed 6-0. 7.2. Financing options for Residences at Main Vail Housing Project Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Provide staff direction on financing options and upfront costs. Background: With public financing at record lows, Town Council will consider financing the Residences at Main Vail. The new housing project would become a town owned and operated development. Staff Recommendation: Provide direction regarding financing options and upfront costs. Ruther provided an overview of the multiple steps that have been taking place to construct 72 deed-restricted homes on the town-owned site with Triumph Development. Halloran explained original discussions with Triumph included a deal structure with the town maintaining ownership of the land and Triumph funding the construction, owning the improvements and operating the rental housing project. During the negotiations concerns about the cost of financing led the town’s internal project committee to consider town-initiated financing. There was a new development approach in which the town would finance construction and retain annual rental income to cover annual debt payments. Triumph would shift from a leasehold interest developer to a fee-based developer with a property manager role via management agreement. The following terms are estimates provided by Piper Sandler: July 20, 2021 - Page 19 of 88 Town Council Meeting Minutes of June 15, 2021 Page 6 Term Interest Rate Average Annual Debt Service RMV Profit (Loss) Total Interest Cost 20 year term 1.43% $1.4M 81,437 $3.6M 25 year term 1.57% $1.2M 308,248 $5.0M 30 year term 1.67% $1.0M 453,889 $6.6M The 20-year term had a lower interest rate and lower overall interest cost. Based on most recent pro-forma estimates for the annual operations of Residences at Main Vail, annual debt service was covered with approximately $81K net income remaining. The 25-year term financing had a slightly higher interest rate and would cost $1.4M in additional interest cost over the life of the debt. Halloran explained the lower annual debt service allows for annual income estimated at $308K. The 30-year term Town of Vail financing had the highest interest rate and would cost $3.0 million in additional interest cost over the life of the debt. Council was comfortable moving forward with the public financing and asked for additional information about the terms. 7.3. Resolution 25, Series 2021, a Resolution Supporting Healthy Rives and Watersheds through the Protection of Water Resources in the Eagle River Watershed and Surrounding Areas, Maximizing the Aesthetic, Economic, Recreational, Environmental, Human and Wildlife Benefits. Presenter(s): Peter Wadden, Watershed Education Coordinator Action Requested of Council: Approve, approve with modifications, or deny Resolution 25, Series 2021. Background: In light of ongoing drought conditions in Colorado, local town managers convened to draft the attached resolution in support of healthy rivers and waterways. Adoption of the resolution would be another step in the Vail Town Council's ongoing support of aquatic environments and efforts to protect water quality and water quantity in Eagle County. Staff Recommendation: Approve, approve with modifications, or deny Resolution 25, Series 2021. Wadden reviewed Resolution No. 25, Series of 2021 with council explaining in light of ongoing drought conditions in Colorado, local town managers convened to draft a resolution in support of healthy rivers and waterways. Adoption of the resolution would be another step in the Vail Town Council's ongoing support of aquatic environments and efforts to protect water quality and water quantity in Eagle County. Council thanked Wadden for his efforts. Langmaid made a motion to approve Resolution No. 25, Series of 2021; Stockmar seconded the motion passed 6-0. 7.4. Resolution No. 27, A Resolution Approving a Memorandum of Understanding (MOU) Between the Town of Vail and the Local Government Members of the Climate Action Collaborative for the Eagle County Community. July 20, 2021 - Page 20 of 88 Town Council Meeting Minutes of June 15, 2021 Page 7 Presenter(s): Scott Robson, Town Manager Action Requested of Council: Staff requests the Vail Town Council review and approve, approve with modifications, or deny Resolution No. 27, Series of 2021. Background: In 2017 the Town of Vail signed a Letter of Intent to join The Climate Action Collaborative (CAC) of the Eagle County Community and financially contributes to the efforts of this group each year. In order to effectively drive forward the adopted greenhouse gas emissions goals of the Climate Action Plan, the local governments of the CAC are establishing a governing board via a Memorandum of Understanding (MOU) (Exhibit A). Staff Recommendation: Staff recommends the Vail Town Council approve Resolution No. 27, Series of 2021. Robson reviewed Resolution No. 27, Series of 2021 with council explaining the Climate Action Collaborative of the Eagle County Community has worked to outline the organizational components of the CAC and created a Memorandum of Understanding (MOU) establishing the CAC and outlining the organizational components of the CAC. Eagle County Commissioner Matt Scherr noted the local government entities who are signatories to this MOU would establish “CAC Governing Board” comprised of all local government entities situated within Eagle County. Additionally, all municipalities within Eagle County, with the exception of Gypsum, had shown interest in pursuing this MOU and have been a part of drafting the content. Langmaid made a motion to approve Resolution No. 27, Series of 2021; Stockmar seconded the motion passed 6-0 7.5. Ordinance No. 13, Series 2021, First Reading, An Ordinance Making Adjustments to the Town of Vail General Fund, Capital Projects Fund, Housing Fund, Real Estate Transfer Tax Fund, Marketing Fund, Heavy Equipment Fund, and Dispatch Services Fund Presenter(s): Carlie Smith, Financial Services Manager Action Requested of Council: Approve or approve with amendments Ordinance No. 13, Series 2021. Background: Please see attached memo. Staff Recommendation: Approve or approve with amendments Ordinance No. 13, Series 2021 Smith reviewed Ordinance No. 13, Series of 2021 with the council. Smith reminded council the 2021 budget was created around the town’s “crisis” level recession plan which was first implemented in May of 2020 due to the pandemic. Across all funds, this supplemental request would adjust the budget to reflect $9,721,423 of additional revenue and proposes an increase of $220,006 to expenditures. Smith reviewed all funds with council. General Fund:  Sales Tax revenues are forecasted to be $27.0M.  Lift tax revenues are forecasted to be $5.1M for 2021  Total parking revenues are forecasted at $5.0M July 20, 2021 - Page 21 of 88 Town Council Meeting Minutes of June 15, 2021 Page 8 Revenue adjustments to be offset by corresponding expenditures include: • $2,653 of state funding to be used towards marijuana crime prosecution. • $7,500 grant from the International Association of Fire Chiefs to be used to extend seasonal staffing for the wildland program to support the town’s chipping program. • $11,833 use of Friends of the Library donations for the Library’s Annual Community Read initiative, yoga classes, oral history transcriptions, and an ad in CO Yoga+Life Magazine. Smith explained staff was requesting to increase budgeted expenditures by $321,300. Capital Projects Fund: Budgeted revenue reflects an increase of $6,474,992. Staff was requesting to supplement 2021 expenditures by a total of $596,670. This includes: • $460,000 in additional expenditures for the Children’s’ Garden of Learning approved by Council on May 4th. • $60,000 in additional expenditures for a new transit software approved by Council on May 4th. • $60,000 for 2021 software licensing expenditures as a result of some unanticipated software expenditures. • $5,670 to update the Community Development’s permitting software to allow for the new registration requirements passed by Ordinance No. 12, Series of 2020 requiring contractors to qualify for specific types of permits based on certifications they hold. Housing Fund: The supplemental reflected:  the purchase and resale of two separate deed restricted housing units. The first includes the purchase of the Chamonix Vail unit for $520,703.  purchase and resale of the Vail Heights Unit. This unit was purchased by the town at a cost of $410,162 and will be sold for $262,500. The remaining $147,662 (the town’s subsidy) will be funded with buy down funds. Real Estate Transfer Tax (RETT): Budgeted revenue will be adjusted by an increase of $93,700. The Fire department was requesting to transfer $1,789 from the Environmental Departments’ Booth Creek project to the wildland department to be used for a fire hose replacement and $514 to the General Fund for fire department staffing for the Booth Creek burn. The proposed budget adjustments will result in an estimated fund balance of $13.4 million by the end of 2021. Marketing Fund: Staff proposed to increase budgeted revenue by a $40,000 transfer from the General Fund to be offset by a $40,000 event contribution for Summervail Heavy Equipment Fund: Staff was requesting $6,750 for annual Synexis system maintenance costs. Dispatch Service Fund: Staff was requesting $700 for annual Synexis system maintenance costs. Based on updated revenue forecasts, staff is proposing to move into the "minor" phase of the recession plan. Original budget was set at "crisis" level recession plan. July 20, 2021 - Page 22 of 88 Town Council Meeting Minutes of June 15, 2021 Page 9 Foley made a motion to approve Ordinance No. 13, Series of 2021 upon first reading; Stockmar seconded the motion passed 6-0 8. Public Hearings 8.1. Ordinance No. 12, Series of 2021, an Ordinance Amending the Approved Development Plan for Phase III of Special Development District No. 6, Vail Village Inn, to Allow for the Conversion of an Existing Commercial Unit at 68 Meadow Drive into Residential Space. Presenter(s): Erik Gates, Planner Action Requested of Council: Approve, approve with modifications, or deny Ordinance No. 12, Series of 2021, upon first reading. Background: An amendment to SDD #6, Vail Village Inn, proposes to convert an existing commercial unit into residential space. According to the applicant, the space has been difficult to lease due to low visibility from East Meadow Drive. The residential space will be added on to the existing units above, so no new units are being created. Staff Recommendation: The Planning and Environmental Commission recommends the Town Council approve Ordinance No. 12, Series of 2021, upon first reading. Gates presented the first reading of Ordinance No. 12, Series of 2021. The applicant, RAWAH Partners LLC, represented by Mauriello Planning Group, was requesting a major amendment to a Special Development District, pursuant to Section 12-9-A, Special Development (SDD) District, Vail Town Code, in order to covert an existing commercial space into additional residential space for the units above, located at 68 East Meadow Drive, Unit 603/ Vail Village Filing 1, Lot O, Block 5D. Dominic Mauriello representing the applicant reviewed a presentation with council that provided several different ariel and street views of the space being discussed. Mauriello explained the existing use of unit 603:  Challenging retail space due to location  Approximately 2,473 sq ft.  Well off primary commercial corridor  No visibility from E. Meadow Dr  Tucked behind another building  Space is very poorly located for a sales Council asked about impact on surrounding commercial spaces. Mauriello did not feel there would be a major impact since there was residential above most of the commercial spaces in the village. Council expressed concern about losing commercial area in the village and requested to review policy and have a more in-depth conversation regarding policy prior to voting on Ordinance No. 12, Series of 2021. Public comment was called. July 20, 2021 - Page 23 of 88 Town Council Meeting Minutes of June 15, 2021 Page 10 Erich Schmidt, Fortius Capital Vail Commercial realtor for unit 603, typically didn’t support losing commercial space but he did support this ordinance due to lack of interest for this space in over 1.5 years. He did not see that changing due to the reasons Mauriello gave in his presentation. Public comment was closed. Council had no questions. Bruno made a motion to table Ordinance No. 12, Series of 2021 to the July 20, 2021 Town Council meeting and move to table the public hearing to the July 20th meeting; Coggin seconded the motion passed 6-0. There being no further business to come before the council, Foley moved to adjourn the meeting; Coggin seconded the motion which passed (7-0) and the meeting adjourned at 9:50 p.m. Respectfully Submitted, Attest: __________________________________ Dave Chapin, Mayor ___________________________________ Tammy Nagel, Town Clerk July 20, 2021 - Page 24 of 88 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. 32, Series of 2021 A R esolution A pproving an I ntergovernmental A greement B etween the Town of Vail and E agle C ounty Clerk and R ecorder C oncerning a Coordinated E lection on November 2, 2021 AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Resolution No. 1 S eries of 2021 B AC K G RO UND: T he Town of Vail wishes to enter into an I ntergovernmental A greement with E agle County C lerk and R ecorder for the purpose of conducting a coordinated election on November 2, 2021. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Resolution No. 1 S eries of 2021 AT TAC H ME N TS : Description Resolution No. 32, Series of 2021 July 20, 2021 - Page 25 of 88 RESOLUTION NO. 32 Series of 2021 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE COUNTY CLERK AND RECORDER CONCERNING A COORDINATED ELECTION ON NOVEMBER 2, 2021 WHEREAS, the Town will be conducting a regular municipal election November 2, 2021; and WHEREAS, the Town and the Eagle County Clerk and Recorder wish to enter into an agreement in the form set forth in the attached Exhibit A, made a part hereof and incorporated herein by this reference (the "IGA"), for the purpose of conducting a coordinated election. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 20th day of July 2021. _____________________ Dave Chapin, Town Mayor ATTEST : ______________________ Tammy Nagel, Town Clerk July 20, 2021 - Page 26 of 88 Eagle County 2021 Coordinated Election IGA Page 1 Intergovernmental Agreement Between the Eagle County Clerk and Recorder and ______________________ Concerning the Tuesday, November 2, 2021 Coordinated Election THIS Intergovernmental Agreement between the Eagle County Clerk and Recorder and ____________________________________ concerning the Tuesday, November 2, 2021 Coordinated Election is made on _______________________. RECITALS WHEREAS, pursuant to C.R.S. § 1-7-116 (1) (a) the Clerk will serve as the coordinated election official for the Coordinated Election, and in accordance with state law, will conduct the Coordinated Election on behalf of all participating political subdivisions having jurisdiction within the boundaries of Eagle County; and WHEREAS, C.R.S. § 1-7-116 (2) requires each political subdivision for which the Clerk will conduct the Coordinated Election to enter into an agreement with the Clerk concerning the conduct of the Coordinated Election, to be signed no later than seventy (70) days prior to the scheduled election; and WHEREAS, the Political Subdivision intends to submit one or more ballot issue(s) at the Coordinated Election; and WHEREAS, the County Clerk and the Political Subdivision wish to clarify their responsibilities and memorialize their agreement with respect to the conduct of the Coordinated Election. NOW THEREFORE, in consideration of the above premises and the promises contained herein, the parties agree as follows: I. Coordinated and Designated Election Officials A. Except as otherwise provided in this section, the Eagle County Clerk and Recorder (“Clerk”) shall act as the Coordinated Election Official for the conduct of the Election for the Political Subdivision for all matters in the Uniform Election Code which require action by the Coordinated Election Official. B. The Political Subdivision shall name a Designated Election Official (“DEO”) who shall act as the July 20, 2021 - Page 27 of 88 Eagle County 2021 Coordinated Election IGA Page 2 primary liaison between the Political Subdivision and the Clerk. Nothing herein shall be deemed or construed to relieve the Clerk or the Governing Body of the Political Subdivision from their official responsibilities for the conduct of the Election. C. Jurisdictional Limitation This Agreement shall apply only to the portion of the Political Subdivision within the boundaries of Eagle County. D. Clerk’s Contact Officer The Clerk hereby designates Stacey Jones, Eagle County Chief Deputy Clerk and Re corder (stacey.jones@eaglecounty.us; phone 970-328-8726), as the “Contact Officer” to act as the Clerk’s primary liaison with the Political Subdivision for all purposes relating to the Election. The Contact Officer shall act under the authority of the Clerk. II. Clerk Responsibilities The Clerk will perform all duties in substantial compliance with applicable provisions of the Election Code of 1992, Colorado Title 1, C.R.S. as amended (“Election Code”); the Election Rules promulgated by the Colorado Secretary of State, as may be amended from time to time; and any then-current policy directives of the Colorado Secretary of State, if applicable. A. Preparation for Election 1. The Clerk hereby provides the Political Subdivision with a Street Locator Report (Appendix B), listing all residential street addresses situated within the Political Subdivision’s boundaries, as currently configured in Colorado’s statewide voter registration database (“SCORE”). 2. The Clerk shall manage all voter registration records and correspondence. 3. The Clerk shall supply, deliver, and set-up all voting equipment and other items necessary to conduct the Election. 4. The Clerk shall appoint eligible electors as election judges, arrange for their compensation, and provide election judge training in advance of the Election. 5. The Clerk shall include on the ballot all content timely certified by the Political Subdivision in accordance with law; contract for the printing of ballots, ballot envelopes, and other printed materials reasonably necessary to conduct the Election; and arrange for payment to the printing vendor(s). 6. The Clerk shall publish and post a notice of election as required by 1 -5-205 C.R.S. in the Eagle Valley Enterprise, the Vail Daily, the Aspen Times Weekly, and El Montanes no later than twenty (20) days prior to the Election. July 20, 2021 - Page 28 of 88 Eagle County 2021 Coordinated Election IGA Page 3 7. The Clerk shall perform all required acceptance testing, hardware diagnostic testing, and logic and accuracy testing of Eagle County’s voting system and components in substantial compliance with Conditions of Use applicable to Eagle County’s voting system as certified by the Colorado Secretary of State. B. Conduct of Election 1. The Clerk shall designate the proper number and locations of voter service and polling centers. All voting locations will be accessible to voters with disabilities. 2. The Clerk shall provide for the security and processing of all mail ballots and for the verification of electors’ signatures on the self-affirmation printed on the mail ballot return envelopes. 3. The Clerk shall issue mail ballots and electronic transmission ballots to and accept voted mail and electronic transmitted ballots from military and overseas voters in substantial compliance with the deadlines and delivery methods mandated by applicable provisions of federal and state law, including the Uniformed and Overseas Citizens Absentee Voting Act, all as amended. 4. The Clerk shall conduct the required post-election risk limiting audit. 5. The Clerk shall conduct any mandatory or permissive recount. 6. The Clerk shall appoint canvass board and risk limiting audit board members, oversee the conduct of the canvass and risk limiting audit, and certify official results of the Election. 7. The Clerk shall provide an official Certification of Election to the Political Subdivision after the official close of the Election. Any additional Certificates of Election which are required by law to be forwarded to another division of government shall be the responsibility of the Political Subdivision. 8. The Clerk shall preserve all election records relating to the Election for at least twenty -five months pursuant to 1-7-802 C.R.S. 9. The Clerk shall be the final decision maker on any substantive and procedural issues regarding the conduct of the Election. C. Ballot Issue Notice (“TABOR Notice”) 1. The Clerk shall prepare and mail a combined ballot issue notice in substantial compliance with Article X, Section 20 of the Colorado Constitution (“TABOR”) and applicable provisions of the Election Code and Election Rules. As nearly as practicable, the notice shall be in the order the ballot issues will appear on the ballot. 2. The Clerk shall mail the ballot issue notice not less than thirty (30) days prior t o the Election, pursuant to Colorado Constitution Article X, Section 20(3)(b) and 1-1-106 C.R.S. The Clerk July 20, 2021 - Page 29 of 88 Eagle County 2021 Coordinated Election IGA Page 4 shall determine the least cost method for mailing the ballot issue notice, but at a minimum, the ballot issue notice shall be addressed and mailed t o eligible voters at each address in Eagle County where one or more registered voters of the Political Subdivision and of any other participating entity resides. Nothing herein shall preclude the Clerk from mailing the TABOR Notice to persons other than voters of the Political Subdivision if such mailing arises from the Clerk's efforts to mail the combined TABOR Notice for all participating entities at the least cost. III. Political Subdivision Responsibilities A. Contact Liaison The Political Subdivision shall identify a “Designated Election Official” (DEO) to act as a liaison between the Political Subdivision and the Clerk/Contact Officer. The DEO shall be responsible for the final approval of ballot content and TABOR Notice con tent. To meet statutory and printing deadlines, the DEO shall respond to all Election -related written correspondence, electronic correspondence, phone calls, text message, or any other communication from the Clerk/Contact Officer as soon as possible and no later than four (4) hours from the time of delivery by the Clerk/Contact Officer. If the DEO cannot respond within 4 hours, an alternative official may respond on the DEO’s behalf. Failure to respond to correspondence within 4 hours shall constitute approval allowing the Clerk to move forward. 1. The Political Subdivision has designated _________________________________________ whose mailing address is _____________________________________________________ and whose phone number is___________________________________________________ and whose cell phone number is _______________________________________________ and whose email address is____________________________________________________ and whose fax number is______________________________________________________ as its DEO for the purpose of the Election. B. Certification of Address Ranges 1. The Political Subdivision shall verify and certify to the Clerk (Appendix C) that all address ranges and street names actually situated in the Political Subdivision are accurately and completely stated in the Address Library Report attached hereto as Appendix B. 2. In connection with such Address Library Report verification and certification, the Political Subdivision shall note any address ranges or street names within the Political Subdivision that are inaccurately or incompletely stated in or omitted from the Address Library Report, and certify on the Statement of Certification (Appendix C) the accuracy and completeness of the remainder of the Address Library Report. 3. If the certification is not provided by the date specified herein, the Political Subd ivision may not participate in the Election or the Clerk may build the election on the assumption that the Address Library Report attached hereto as Appendix B is both complete and accurate, as the Clerk in her discretion may decide. The Political Subdivision shall deliver to the Clerk its July 20, 2021 - Page 30 of 88 Eagle County 2021 Coordinated Election IGA Page 5 Statement of Certification (Appendix C) and accuracy of the Address Library Report, with notations regarding inaccuracies and omissions by the seventy (70) days before the election, no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 24, 2021. C. Ballot Content 1. Definitions of Ballot Issue and Ballot Question: a. TABOR “Ballot issue” means a state or local government matter arising under section 20 of article X of the state constitution, as defined in sections 1 -41-102(4) and 1-41-103(4), respectively. b. “Ballot question” means a state or local government matter involving a citizen petition or referred measure, other than a ballot issue. 2. The Political Subdivision shall be solely responsible for determining whether a ballot issue, ballot question, candidate contest, or candidate is eligible and properly certified for the ballot. 3. The Political Subdivision shall provide a certified copy to the Clerk of all ballot content (candidate contests, ballot issues, and ballot questions in order) referred by the Political Subdivision for the Election pursuant to section 1-5-203: a. Notwithstanding any other provision of this Agreement, the Political Subdivision shall not certify any single ballot issue or ballot question in excess of two hundred and fifty words (inclusive of the title) unless the Clerk provides written consent in adv ance. b. Such certified ballot content shall be delivered to the Clerk as an email attachment in Word format (see section C.2.g on pg. 6 for full required formatting of ballot and TABOR content), at the earliest possible time and in no event later than 3:00 p.m. Mountain Standard Time on Friday, September 3, 2021 (Appendix A), pursuant to section 1-5-203, C.R.S., as amended. c. The Political Subdivision that issues certified ballot content pursuant to 1-5-203, C.R.S. shall be solely responsible for the accuracy of the information contained in the certificate. Any error that can be corrected pursuant to 1-5-412, C.R.S. shall be corrected at the expense of the Political Subdivision whose designated election official issued the incorrect certification. Such costs include but are not limited to staff time to reprogram election content, additional required logic and accuracy testing, reprinting of ballot and ballot materials, and staff time required to make corrections. d. All ballot content certified by the Political Subdivision shall utilize the exact language and order as such ballot content is to appear on the printed official and sample ballots for the Election. The list of candidates/questions must be typed exactly as it is to appear on the ballot, including correct order, title, capitalization, spelling, spacing, and punctuation. July 20, 2021 - Page 31 of 88 Eagle County 2021 Coordinated Election IGA Page 6 i. For candidates, specify exact titles of offices, the order of the names to appear for each office, and the order of offices. ii. For issues, specify the ballot title and the order of the issues (per C.R.S., Clerk determines specific numbering on the ballot). iii. If the Political Subdivision has a TABOR issue on the ballot, the issue text must be typed in all uppercase as is dictated by law (e.g. TABOR Amendment). iv. If the Political Subdivision has a non-TABOR question on the ballot, the question must be typed in mixed case. v. Ballot Issues or Questions Vote Choice must be formatted as follows: _____YES/FOR _____NO/AGAINST It is at the discretion of the Clerk to change the formatting on the ballot to match this formatting if it is not certified in this requested format. e. The Political Subdivision has the responsibility to proofread and edit the text of the ballot proof before the Clerk will authorize printing of the ballots . From the time the Clerk delivers via email the ballot proof, the Political Subdivision has (four) 4 hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the ballot proof. After final approval of the ballot proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue, question, or contest on the printed ballots. f. The Political Subdivision authorizes the Clerk to correct typographical errors and omissions and determine the appropriate ballot question number or letter upon designation of the ballot number or letter by the Clerk. g. The Political Subdivision shall certify its ballot content via email to the Clerk and Con tact Officer in conformance with the following formatting guidelines: i. Software: Microsoft Word '03 or later (not as a PDF) ii. Spacing: Single iii. Font Type: Arial Narrow iv. Font Size: 8 point v. Justification: Left vi. All Margins: 0.5 inches vii. Language: English viii. Delivery Medium: Email attachment to regina.obrien@eaglecounty.us and stacey.jones@eaglecounty.us Submissions not meeting these requirements may be rejected by the Clerk. h. Spanish language translation of the ballot content is required to be submitted by the Political Subdivision to the Clerk by Monday, September 27, 2021. Translation of TABOR Notice content is not required but is strongly encouraged. July 20, 2021 - Page 32 of 88 Eagle County 2021 Coordinated Election IGA Page 7 i. The Political Subdivision must provide an audio recording of each candidate’s name. The DEO or candidate may leave an audio recording of the candidate’s name, exact ly as certified for the ballot, on the voicemail of the Clerk (970-382-8783) or Contact Officer (970-328-8726). This audio recording must be provided no later than the deadline to certify ballot content, Friday, September 3, 2021 by 3:00 p.m. Mountain Standard Time (Appendix A). D. Ballot Issue Notice (“TABOR Notice”) 1. The Political Subdivision shall receive, store and prepare TABOR Notice content according to the provisions set forth in Article X, Section 20 of the Colorado Constitution (TABOR Amendment) and 1-7-901, 1-7-902, 1-7-903, 1-7-904, and 1-7-908 C.R.S. 2. The Political Subdivision shall transmit via email the summaries, fiscal information, and all other required material to the Clerk no later than forty-three (43) days, Monday, September 20, 2021 (Appendix A) before the Election in final written form in accordance with the formatting guidelines for ballot certification (see formatting bullet points listed in section C.1.g). Submissions not meeting these requirements will be rejected by the Clerk. 3. The Political Subdivision shall incorporate in its TABOR Notice content a local office address and telephone number specific to the Political Subdivision or the Political Subdivision DEO to enable voters to reach the Political Subdivision directly. The Clerk shall respond to all correspondence and inquiries that the Clerk receives within its expertise relating to election procedures, but the Clerk shall refer inquiries concerning the substance of the ballot issues, ballot questions, candidates, or the operations of the Political Subdivision to the Political Subdivision’s DEO. 4. The Political Subdivision has the responsibility to proofread and edit the text of the TABOR Notice proof before the Clerk will authorize printing of the TABOR Notice. From the time the Clerk delivers via email the TABOR Notice proof, the Political Subdivision has four (4) hours to proofread, correct if necessary, sign, and return the proof to the Clerk . The Political Subdivision’s failure to disapprove and correct errors within that time shall constitute an approval of the TABOR Notice proof. After final approval of the TABOR Notice proof, the Political Subdivision assumes all responsibility and cost for any judicial proceedings related to any errors within the text of their issue or information presented on the TABOR Notice. E. Cancellation of Election 1. In the event that the Political Subdivision resolves not to hold the Election, notice of such cancellation shall be provided to the Clerk immediately. The Political Subdivision shall not cancel its participation in the Election after the twenty-fifth (25) day before the election, Friday, October 8, 2021 (Appendix A), pursuant to section 1-5-208(2), C.R.S., as amended. 2. The Political Subdivision shall provide notice by publication of the timely cancellation of the Election and a copy of the notice shall be posted in the Office of the Clerk, in the office of the Designated Election Official, in the primary building of the Political Subdivision, and, if July 20, 2021 - Page 33 of 88 Eagle County 2021 Coordinated Election IGA Page 8 the Political Subdivision is a special district, in the office of the division of local government. The Political Subdivision is solely responsible for delivering such postings to each entity. 3. The Political Subdivision shall be responsible for all expenses incurred on its behalf to the date that notice was received by the Clerk together with all expenses incurred thereafter which could not be avoided by reasonable effort. All costs incurred or contracted for by the Clerk to support the Political Subdivision’s portion of the TABOR Notice shall be reimbursed by the Political Subdivision. 4. Upon receipt of the invoice, the Political Subdivision shall promptly pay the Clerk the full actual costs of the activities of the Clerk relating to the Election incurred both before and after the Clerk’s receipt of such notice. F. Other Responsibilities 1. The Political Subdivision shall exercise all reasonable diligence, care, and control in providing these services to the Clerk. 2. The Political Subdivision’s DEO or assigned representative shall assist with equipment logic and accuracy testing, post-election canvass, and risk limiting audit as requested by the Clerk. 3. The Political Subdivision shall give assistance and information to the Clerk on any matter to ensure the smooth and efficient operation of the Election (such information not to include legal advice). 4. The Political Subdivision shall adhere to all applicable provisions of C.R.S. which are necessary or appropriate to the performance of the above duties. 5. The Political Subdivision shall follow the additional responsibilities in which non -resident property owners may be eligible to vote as set forth in Appendix D hereto. IV. Miscellaneous A. Costs 1. The Clerk shall keep accurate accounts of all costs incurred to prepare for and conduct the Election, including but not limited to costs incurred for supplies, printing, ballot insertion and mailing, legal and other notices, temporary labor, compensation of election judges, overtime pay for staff, and other expenses attributable to the Clerk’s conduct of the Election on behalf of the Political Subdivision. Clerk may give the Political Subdivision general estimates of cost but such estimates are not binding. The Political Subdivision is responsible for the pro rata share of actual costs as determined by the Clerk. 2. The Clerk shall charge to the Political Subdivision its pro rata share of all costs and expenses reasonably incurred in connection with the preparation, printing, labeling, postage, and July 20, 2021 - Page 34 of 88 Eagle County 2021 Coordinated Election IGA Page 9 mailing for the ballot issue notice. Said expenses shall be prorated among all Political Subdivisions participating in the ballot issue notice. 3. The Clerk shall charge and allocate to the Political Subdivision its pro rata share of the direct costs of the Election, and all direct and indirect costs and expenses incurred by the Clerk to remedy, resolve, or reconcile the Political Subdivision’s failure or omission to timely perform any of its obligations under this Agreement, without regard to whether the Political Subdivision rescinds its intent to participate in the Election. 4. In the event an interested party is not liable for payment of costs incurred in connection with a mandatory or permissive recount of, or election contest relating to, one or m ore candidate contests, ballot issues or ballot questions certified by the Political Subdivision, the Clerk shall charge any and all direct and indirect costs and expenses reasonably incurred by the Clerk to conduct or participate in any such recount or ballot contest. If more than one political subdivision participating in the Election is involved in any such recount or election contest, the costs thereof shall be prorated between the Political Subdivision and such other participating entities. 5. The Political Subdivision assumes all responsibility and cost for any judicial proceedings regarding whether or not issues legally belong on the ballot and any other challenges, both pre- and post-election, relating to the question of the Political Subdivision. 6. The Clerk shall submit to the Political Subdivision an invoice for the Political Subdivision’s pro rata share of direct and indirect costs incurred in connection with the Political Subdivision’s participation in the Election within ninety (90) days after the Election (Appendix A). 7. The minimum charge for coordinating the Election with the Clerk for coordinating entities with 300 or fewer active voters on Election Day shall be $500.00. The minimum charge for coordinating entities with 301 or more active voters on Election Day shall be $1000.00. 8. In addition, there will be a surcharge for coordination and administration of non-resident, property owner ballot mailing of $1000.00. 9. The Political Subdivision shall remit all payments due to the County upon receipt of an itemized statement by February 28, 2022 (Appendix A). B. Indemnification To the extent permitted by law, the Political Subdivision agrees to indemnify, defend, and hold harmless the County, its officers and employees, from any and all losses, costs, demands, or actions arising out of or related to any actions, errors or omissions of the Political Subdivision in completing its responsibilities relating to the Election and related tasks. C. Reasonable Care The County and its employees, agents, representatives, or other persons acting under the direction July 20, 2021 - Page 35 of 88 Eagle County 2021 Coordinated Election IGA Page 10 or control of the County shall use reasonable care in carrying out their obligations under this Agreement. D. Notices Any and all notices required to be given by this Agreement, unless otherwise set forth herein, are deemed to have been received and to be effective: ● three days after they have been mailed by certified mail, return receipt requested to the address as set forth below; or ● immediately upon hand delivery to Regina O’Brien, Clerk; or ● immediately upon receipt of confirmation that a fax or e-mail was received. To Clerk: Regina O’Brien Eagle County Clerk and Recorder P.O. Box 537 Eagle, CO 81631 Fax: 970-328-8716 Email: regina.obrien@eaglecounty.us Time is of the Essence Per 1-7-116(2) C.R.S. this Agreement must be signed and returned to Regina O’Brien, Clerk and Recorder, seventy (70) days before the Election, Tuesday, August 24, 2021 (Appendix A). The statutory time requirements of the Uniform Election Code and the time requirements set by the Secretary of State in the Rules and Regulations Governing Election Procedures shall apply to the completion of the tasks required by this Agreement. In witness whereof, the Parties hereto have executed this Agreement to be effective this day: ___________ (Date) ________________________________________ Designated Election Official Date For _____________________________________ (Political Subdivision) ________________________________________ Regina O’Brien Date Eagle County Clerk and Recorder July 20, 2021 - Page 36 of 88 Eagle County 2021 Coordinated Election IGA Page 11 Appendix A CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 2, 2021 COORDINATED MAIL BALLOT ELECTION While this calendar may not include all election dates, some key dates are identified for reference. Dates double underlined are key delivery dates of information from you to the Clerk’s office. Political Subdivisions planning to coordinate with the Clerk’s office should be aware of the following deadlines: ● Friday, July 23, 2021 – 100 days prior - If by 100 days before the election, a Political Subdivision has taken formal action to participate in an election that will be coordinated by the Clerk, the Political Subdivision shall notify the Clerk in writing. C.R.S. 1-7-116(5), 1-1-106(5) ● July 26 – 30, 2021 – IGAs will be mailed to participating entities. IGA will include address ranges that need to be verified and certified before or on the date the IGA is due. Political Subdivisions with property owner ballots should also review Appendix D in the IGA and contact the Eagle County Assessor’s office to secure the particular property owner list. ● Tuesday, August 24, 2021 @ 3:00 p.m. MST – 70 days prior - Political Subdivisions participating in the election must return signed IGAs to the Clerk. C.R.S. 1-7-116(2). Political Subdivisions must verify and certify that all address ranges situated in the Political Subdivision (Appendix B) are accurate and complete, note any changes or inaccuracies, and certify no later than 70 days prior to Election (Appendix C). Please submit sooner if possible. ● Friday, September 3, 2021 @ 3:00 p.m. MST– Last day for the DEO from each Political Subdivision to certify the ballot text and provide audio recordings of candidate names to the Clerk; deadline is 3:00 p.m. Please submit sooner if possible. C.R.S. 1-5-203(3)(a) ● Monday, September 6, 2021 – Last day for Political Subdivisions with property owner ballots to certify the revised Assessor’s property owner list to the Clerk. Please submit sooner if possible. ● Week of September 13, 2021 – Equipment and Logic and Accuracy Testing ● Tuesday, September 14, 2021 – Deadline for Political Subdivisions with property owner ballots to certify the military and overseas (UOCAVA) voter list to the Clerk. ● Saturday, September 18, 2021 – No later than 45 days prior – Deadline to send mail ballots to military and overseas voters (UOCAVA voters). C.R.S. 1-8.3-110(1) ● Monday, September 20, 2021 – 43 days prior - Political Subdivisions shall deliver the full text of any required ballot issue notices (e.g. TABOR Notice) and pro/con statement summaries to the Clerk in order to be included in the issue mailing. C.R.S. 1-7-904 ● Monday, September 27, 2021 - Spanish translation of ballot content due to the Clerk (TABOR Notice content is not required to be translated). ● Friday, October 1, 2021 – 30 days prior – Last day for the Clerk to mail out TABOR Notice(s). C.R.S. 1-1- 106(5) ● Friday, October 08, 2021 – 25 days prior - Last date for Political Subdivision to cancel election or withdraw ballot issue or question C.R.S. 1-5-208(2) Appendix A continued on page 2 July 20, 2021 - Page 37 of 88 Eagle County 2021 Coordinated Election IGA Page 12 Appendix A – Continued (page 2) CALENDAR OF EVENTS AND DEADLINES FOR NOVEMBER 2, 2021 GENERAL MAIL BALLOT ELECTION ● Friday, October 8 - Friday, October 15, 2021 – Ballots must be mailed, except for UOCAVA voters. C.R.S. 1- 7.5-107(3)(a)(I). 24-hour ballot drop boxes open in Avon, Edwards, Eagle, Gypsum, El Jebel, Basalt, and Vail. ● Monday, October 25, 2021 – Voter Service and Polling Centers open. C.R.S. 1-5-102.9(2) ● Monday, October 25, 2021 – 8 days prior - Last day to register to vote to receive a mail ballot. After this date voters may pick up ballots in person at any Voter Service and Polling Center. C.R.S. 1-2-201(3)(b)(III) ● Tuesday, November 2, 2021 – Election Day - Polls open 7:00 a.m. – 7:00 p.m. All ballots must be in the hands of the Clerk by 7 PM on Election Day to be counted. ● Wednesday, November 24, 2021 – Deadline to certify election results. Official results will be forwarded to Political Subdivisions. C.R.S. 1-10-102(1), 1-10-103(1) ● Monday, February 7, 2022 – Last day for the Clerk to mail invoices to Political Subdivisions for their share of election as well as any recount costs. ● Monday, February 28, 2022 – Last day for Political Subdivisions to submit payment for election and recount costs to the Clerk's office. July 20, 2021 - Page 38 of 88 Eagle County 2021 Coordinated Election IGA Page 13 Appendix B STREET LOCATOR REPORT FOR NOVEMBER 2, 2021 COORDINATED MAIL BALLOT ELECTION July 20, 2021 - Page 39 of 88 Eagle County 2021 Coordinated Election IGA Page 14 Appendix C STATEMENT OF CERTIFICATION – STREET LOCATOR REPORT FOR NOVEMBER 2, 2021 COORDINATED MAIL BALLOT ELECTION I, ___________________________________, as Designated Election Official for______________________________________, (hereinafter “Political Subdivision”) do hereby certify that the Street Locator Report provided to the Political Subdivision has been reviewed, corrections made, and to the best of my knowledge, I believe it is a true and complete list of the addresses located within the Political Subdivision. Designated Election Official Signature Date for _____________________________________ (Name of Political Subdivision) July 20, 2021 - Page 40 of 88 Eagle County 2021 Coordinated Election IGA Page 15 Appendix D PROPERTY OWNER BALLOTS – TITLE 32 This appendix defines responsibilities when conducting an election for a Political Subdivision (governed under Title 32) in which property owners who are not Eagle County residents but are registered electors in the State of Colorado may be eligible to vote. Property owner self-affirming oaths must be signed and returned to the County Clerk’s Office before ballots are sent to eligible property owners. Overview - Property Owner Ballots Property owner ballots are special ballots that contain only those ballot contests certified by Political Subdivisions in which owners (and their spouses or civil union partners) of real and personal property are eligible to vote as long as they reside outside of the Political Subdivision but are registered to vote in Colorado (32-1- 103(5) C.R.S.). If a person resides in and is registered to vote in the Political Subdivision, and also owns additional property in the Political Subdivision, the Clerk will issue the voter a regular Eagle County ballot style that contains all of the contests in which they are eligible to vote in a given election, including the ballot content referred by the Political Subdivision. If a person resides outside of the Political Subdivision, owns property within the Political Subdivision, and is registered to vote in the State of Colorado, the county will issue a property owner ballot containing only the contests referred by the Political Subdivision. This ballot will be sent only after the self-affirming oath has been returned by the voter to the Clerk and after the Clerk has verified the voter’s eligibility in the statewide voter registration system. If the property owner does not specify a ballot mailing address on the self-affirming oath, the property owner ballot will be sent to the mailing or ballot mailing address on record in the statewide voter registration system. Property owners who are registered voters outside of the State of Colorado are not eligible to vote a property owner ballot. Responsibilities of the Coordinating Political Subdivision Street Locator Report 1. Review the Street Locator Report provided from the Clerk’s office (Appendix B). 2. Verify and certify all addresses listed in the address library report are within the Political Subdivision and July 20, 2021 - Page 41 of 88 Eagle County 2021 Coordinated Election IGA Page 16 are accurate and complete (with no omissions). All changes or inaccuracies must be identified by the Political Subdivision, the list certified by the Political Subdivision (Appendix C), and returned to the Clerk no later than 3:00 p.m. Mountain Standard Time on Tuesday, August 24, 2021, seventy (70) days before the election. Please submit sooner if possible. The Political Subdivision is responsible for the accuracy of this report. Overseas and Military Voter List 1. Secure the Colorado Statewide Overseas and Military Voter (UOCAVA) list from the Clerk. Property Owner List 1. Secure the Political Subdivision Property Owner list from the Eagle County Assessor’s Office. 2. Remove all non-human property owners (e.g. trusts, LLCs, Corporations, etc.) from the Assessor’s list. 3. Certify the revised Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Monday, September 6, 2021. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. 4. Cross-reference the state-wide Overseas and Military voter (UOCAVA) list with the property owner list to determine if there are any Political Subdivision property owners on the UOCAVA list. It is the responsibility of the Political Subdivision to certify the list of any UOCAVA property owners to the Clerk by Tuesday, September 14, 2021, to ensure statutory delivery of UOCAVA property owner ballots (NOTE: UOCAVA ballots must be sent by Saturday, September 18, 2021 (1-8.3-110(1) C.R.S)). 5. Secure the supplemental Political Subdivision Property Owner list from the Eagle County Assessor’s Office no later than Wednesday, October 13, 2021 (20 days before the election). This supplemental list shall contain the names and addresses of all recorded owners who became owners no later than Monday, October 11, 2021 (22 days prior to the election). 6. Certify the revised supplemental Assessor’s list that excludes non-human entities and UOCAVA voters in Excel format to the County Clerk by Friday, October 15, 2021. Please submit sooner if possible. Political Subdivision is responsible for the accuracy of this list. Responsibilities of the County Clerk and Recorder 1. After receiving the certified property owner list from the Political Subdivision, as well as the supplemental list, prepare and send the property owner TABOR Notice to the property owner households listed on the certified property owner list(s). (Article X, Sec.20(3)(b)). This Notice may be combined with other TABOR notices or mailed separately at the discretion of the Clerk. 2. A self-affirming oath will be sent to each household that must be returned by each eligible elector July 20, 2021 - Page 42 of 88 Eagle County 2021 Coordinated Election IGA Page 17 (1-13.5-202, C.R.S and 32-1-103(5), C.R.S.). 3. Upon return to the Clerk of the signed self-affirming oath, determine if the individual is a registered voter in the State of Colorado but does not reside in the Political Subdivision. 4. Prepare and send property owner ballots to all eligible electors entitled to vote by virtue of a self- affirmation (32-1-806, C.R.S). 5. Record each property owner ballot returned and signature verified. 6. Process ballots in the counting room. 7. Tabulate and certify results. July 20, 2021 - Page 43 of 88 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 : Contract with 360 P aving L L C (complete L ionsridge L oop Drainage I mprovements) AC T IO N RE Q UE S T E D O F C O UNC IL : A uthorize the Town Manager to enter into an agreement with 360 P aving L L C to complete the L ionsridge L oop Drainage I mprovements P roject. B AC K G RO UND: Staf f received 3 bids for the L ionsridge L oop Drainage I mprovements P roject f rom 360 P aving, I con, I nc and United Companies. T he project is budgeted with the C apital S treet Maintenance budget and is within the engineer’s estimate. P roject includes drainage improvements to minimize ice build up at the bus stop located at L ionsridge L oop and the S F rontage Rd and asphalt resurf acing of L ionsridge L oop f rom the S F rontage R d to Vail View D r. T he project is scheduled to be completed by S eptember 24, 2021. S TAF F RE C O M M E ND AT I O N: Authorize the Town Manager to enter into an agreement, in a f orm approved by the Town Attorney, with 360 Paving L L C to complete the L ionsridge L oop Drainage I mprovements Project in the amount not to exceed $150,250.00. AT TAC H ME N TS : Description memo July 20, 2021 - Page 44 of 88 To: Town Council From: Public Works Date: 07/20/2021 Subject: Lionsridge Loop Drainage Improvements Contract Award I. ITEM/TOPIC Lionsridge Loop Drainage Improvements Contract Award II. ACTION REQUESTED OF COUNCIL Authorize the Town Manager to enter into an agreement with 360 Paving LLC to complete the Lionsridge Loop Drainage Improvements Project. III. BACKGROUND Staff received 3 bids for the Lionsridge Loop Drainage Improvements Project from 360 Paving, Icon, Inc and United Companies. The project is budgeted with the Capital Street Maintenance budget and is within the engineer’s estimate. Project includes drainage improvements to minimize ice build up at the bus stop located at Lionsridge Loop and the S Frontage Rd and asphalt resurfacing of Lionsridge Loop from the S Frontage Rd to Vail View Dr. The project is scheduled to be completed by September 24, 2021. IV. STAFF RECOMMENDATION Authorize the Town Manager to enter into an agreement, in a form approved by the Town Attorney, with 360 Paving LLC to complete the Lionsridge Loop Drainage Improvements Project in the amount not to exceed $150,250.00. July 20, 2021 - Page 45 of 88 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 : Request f or an Easement on Town of Vail Stream Tract - S onnenalp P roperties P RE S E NT E R(S ): Erik Gates, Planner and Tom Kassmel, Town E ngineer AC T IO N RE Q UE S T E D O F C O UNC IL : T he Community Development D epartment requests that the Town C ouncil evaluate the proposal to enter into an easement agreement allowing the usage of Town of Vail property and S tream Tract f or a grease interceptor servicing the S onnenalp lower kitchen. B AC K G RO UND: D uring the renovation of the Sonnenalp lower level kitchen, it was discovered that a grease interceptor had never been installed for this kitchen. T he applicant designed and installed a new grease interceptor on the south side of the building that was mistakenly believed to be entirely within the Sonnenalp property. T his was done without receiving a building permit for the improvement. I t has since been confirmed that this grease interceptor was installed partially on Town of Vail S tream Tract property. S TAF F RE C O M M E ND AT I O N: The Community D evelopment and P ublic Works D epartments recommend that the Town Council deny this easement request. Should the Vail Town C ouncil choose to deny this request, S taff would also recommend that the Town C ouncil request a date of the applicant to have the grease interceptor removed from Town property. AT TAC H ME N TS : Description Staff Memor andum [Attachment A] Letter from Barry Monroe, Senior Project Manager, to the Town of Vail [Attachment B] E xisting Grease Interceptor Location [Attachment C] G rease Interceptor Location with the Incorrect Property Line Location July 20, 2021 - Page 46 of 88 TO: Vail Town Council FROM: Community Development and Public Works Departments DATE: July 20, 2021 SUBJECT: Easement Request for Town of Vail Stream Tract Property I. DESCRIPTION OF REQUEST The owner of the Sonnenalp, located at 20 Vail Road, represented by R.A. Nelson, is requesting an easement for use of Town of Vail Stream Tract property for a grease interceptor that was installed prior to receiving a building permit. The applicant requests permission to enter into an easement agreement with the Town of Vail for the improvement and permanent use of Town of Vail property. II. BACKGROUND/PROPOSAL The Sonnenalp has been undergoing a number of renovations to its units, restaurants, and kitchens throughout the 2021 summer season. During the renovation of the lower level kitchen, it was discovered that a grease interceptor had never been installed for this kitchen. In an effort to correct the issue, the applicant designed and installed a new grease interceptor on the south side of the building that was mistakenly believed to be entirely within the Sonnenalp property. This was done without receiving a building permit for the improvement. Following the installation of this grease interceptor, Eagle River Water and Sanitation District contacted Town Staff to inform us that the interceptor appeared to be very close, if not inside, the Stream Tract. This was how Staff first became aware of the interceptor and began to suspect it was installed partially on Town Stream Tract property to the south of the Sonnenalp. The grease interceptor location was selected by the applicant based on where the property line was shown on a 1992 civil drawing for previous work done on the building. However, a more recent 2003 plat of the property appeared to show the property line closer to the Sonnenalp structure. In order to resolve this discrepancy and determine if in fact the grease interceptor had been installed on Town property, Staff requested that a new survey be conducted in this location with the grease interceptor location shown. This updated drawing confirmed that the interceptor was indeed on Town of Vail property, as shown on July 20, 2021 - Page 47 of 88 Town of Vail Page 2 Attachment B. Difficulties exist with relocating this grease interceptor that have contributed to the applicant’s decision to request an easement. In order to intercept the lower level kitchen piping and without additional pumps, the interceptor should be placed somewhere in the general location to where it is currently installed. Additionally, without alterations to the building itself, the grease interceptor cannot be located any closer to the Sonnenalp at this exact location. However, it is the position of Staff that the grease interceptor could be located elsewhere within the property or potentially inside the building. In addition, there are existing easements for the Sonnenalp on this Town of Vail Stream Tract. These easements were all established in 2003 alongside an updated plat. These easements were established due to a surveying error present in the original plat for the Vail Village First Filing that was not discovered until after the redevelopment of the Sonnenalp in the 1990s. As a result, it was agreed that the encroachments were not due to any action or inaction by the Sonnenalp at the time, and so the easements of Town Stream Tract were granted. Please see the applicant’s letter to the Town of Vail (Attachment A), existing grease interceptor location (Attachment B), and the previous grease interceptor site drawing with the incorrect property line location (Attachment C). III. STAFF RECOMMENDATION The Community Development and Public Works Departments recommend that the Town Council deny this easement request. While Staff recognizes the logistical difficulty of installing a new grease interceptor at the Sonnenalp, which is required based on adopted building codes, site planning and space issues are not unique to this property. Furthermore, and more importantly, this is located on the Stream Tract. Town Council has historically taken and directed Staff to take a zero-tolerance policy toward new private encroachments within the Stream Tract. Should the Vail Town Council choose to deny this request, Staff would also recommend that the Town Council request a date of the applicant to have the grease interceptor removed from Town property. IV. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to enter into an easement agreement allowing the usage of Town of Vail property and Stream Tract for a grease interceptor servicing the Sonnenalp lower kitchen. July 20, 2021 - Page 48 of 88 Town of Vail Page 3 V. ATTACHMENTS A. Letter from Barry Monroe, Senior Project Manager, to the Town of Vail, Dated July 9, 2021 B. Existing Grease Interceptor Location, Received by the Town of Vail on July 9, 2021 C. Grease Interceptor Location with the Incorrect Property Line Location, Dated May 21, 2021 July 20, 2021 - Page 49 of 88 July 9, 2021 PO Drawer 5400 Avon, CO. 81620 Tom Kassmel / Jonathan Spence Town of Vail 75 South Frontage Road West Vail, Colorado 81657 RE: Request for Easement – Grease Interceptor Tom / Jonathan, This letter shall serve as an introduction for request for easement onto TOV Streamtract for a newly installed Grease Interceptor serving the Sonnenalp Main and Lower Level Kitchen’s – undergoing renovations with Permit B21-019. It was discovered during construction that a grease interceptor does not feed the (existing) lower-level kitchen as originally thought/shown with the original construction build The design team (OZ, BG Building) designed a new Grease Interceptor to sit adjacent to the lower level ballrooms – on the South side of the building – within what was assumed to be the property line in this area When it was designed – the design team used an old Civil file from the 1992 build – illustrating property line locations in this area. The design was done to keep the Interceptor as close to the building as possible – and live within the limits of Sonnenalp Property. We installed the Grease Interceptor following Information from Design team to keep project schedule As the formal Design process evolved – it was determined that the Survey data shown on the Civil drawings from the 1992 as-built was not accurate. The Property line is actually closer to the Building than originally provided from the older drawings. As it stands – a portion of the Grease Interceptor is located outside of the Sonnenalp Property limits – and we would like to request easement access for this improvement. o It is not possible to move the Interceptor any closer to the Building – when we installed it – we installed it tight to existing perimeter drain which is tight to the foundation wall o The interceptor needs to be somewhere in this location – as it needs to have proper fall to catch the lower level kitchen lines. See attached as built of the Interceptor location – overlaid onto the Property Line at Sonnenalp. The Interceptor is below grade – see photos of Improvement For what it is worth – there are other easements on this property consistent with similar issue – portions of the Improvement are slightly over the Property Line. We request that we get put on the Town Council Agenda for July 20 so that we can discuss this projected/pontential Easement into TOV Streamtract for this Improvement for Sonnenalp Property. July 20, 2021 - Page 50 of 88 Grease Interceptor – Town Council Agenda 7/9/2021 Figure 1 - Interceptor Figure 2 – Interceptor July 20, 2021 - Page 51 of 88 Grease Interceptor – Town Council Agenda 7/9/2021 Figure 3 - Interceptor Respectfully, Barry Monroe Senior Project Manager CC: Johannes Faessler (Sonnenalp), Chris Vandall (OZ Architects), Justin Pronga (RA Nelson) Attachment: As Built for Interceptor Location from Oz July 20, 2021 - Page 52 of 88 DN JJJJJ J J J JJ J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J J JJJJ J J J J J JJ J J J J SJJJ J J J SS JSS SSS SSSSSSSTRASHTRASHTRASH TRASH143618481848 2136 14361848 1836 2160 2160Trash COOLERFREEZER3'-8"3'-1"3'-2"3'-2" 3' SERVICE 1472 1872 18301872 1872 144814481830 1824 FIRE PULL 2130 1248 FIRE PULL VEBSSGM SDCOSSSSESSSSAREA NOT IN CONTRACTEXISTING WALL FLOOR PLAN LEGEND NEW WALL RAISED FLOOR TO MATCH (E) 11 11.3 12109.5 12.4 C.1 C B 13 14 A 12.211.1 12.312.111.7 14.39.8 B.5 C.4 A.200 2 SHAFT 2 15 2 A.201 _____ A.401 10 17'-0 1/2"10' - 10 1/2" ELEVATOR (E) STAIR 04 194 (E) STORAGE (E) Room 041 COOLER 192 ENTRY 186 RESTAURANT FOYER (E) KITCHEN 189 ? ? BAR 180 WOMEN BATHROOM 111 MEN BATHROOM 112 LUDWIG RESTAURANT (E) TRASH (E) Room 169 BANQUET FLEX SPACE 191 PIZZA 109 GARDE MANGER 190 SERVICE 188 SEATING 181 BATHROOM ENTRY 182 3' - 7 1/4"TYP. 2' - 2 1/4"1' - 1 1/2"1' - 1 1/2"5 1/2"3' - 5"A.401 1 3' - 0" 10 A.550 26.06 191. EQ EQ 4' - 9"2' - 3"4' - 9"STUD TO STUD9' - 7"26 23 26 23 26 23 STAIR 08 177 26.06 26.06 2 1/2"10.31 10.31 1.05 15' - 7" SITE DIMENSION10' - 8"V.I.F. 16' - 6 1/2"10' - 11 1/4" V.I.F. 5' - 6 1/2"2' - 11 1/4"OPENING IN THE WALL BELOW THE COUNTER RE: FS DWGS. PASS THRU WINDOW RE: FS DWGS.9 1/2"6' - 1"10' - 11"8' - 0" V.I.F. 5' - 8" V.I.F. 9' - 4" 1' - 3 1/4" V.I.F. 2' - 8"7' - 11 3/4"13' - 1 1/2"4' - 6"2' - 4 1/2"4' - 5 1/2"5' - 0"14' - 4 3/4"3' - 3 1/4"4' - 6 1/4"4' - 1 1/2"6' - 3 1/4" V.I.F. 13' - 3 1/4"18' - 8 1/4"1' - 0"V.I.F.3' - 3"9 1/4" 23' - 0" 13' - 8" 10' - 10"7' - 7"13 SITE DIMENSION 21' - 6"SITE DIMENSION9' - 2"6"6"ARCH KNEE WALL; 5/8" GYP BOARD + 3 5/8" METAL STUD + 1/2" FIRE-RATED PLYWOOD +FINISHES 4' - 0"12' - 8"2' - 0"EXISTING4' - 0"STUD9' - 0 3/4"STU D 6' - 10 1/2"STUD 5' - 1" FS COUNTER 1' - 8"4"4" 13' - 11 3/4" RFI#040 7' - 10"7' - 0"8' - 8 3/4"RFI#044 3' - 9 1/4"3' - 9 1/4"1 3 5 .0 0 °135.00°PASS COUNTER1' - 6 1/2"COUNTER1' - 8"RFI#064 RFI#064 4' - 4"4' - 11" 2' - 6"6' - 10"PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com ARCHITECTURE ® As indicatedKITCHEN/BAR SONNENALP HOTEL20 VAIL RDVAIL, COLORADO, 81657118313.00 OZ OZ 3/11/2021 FOR CONSTRUCTION BULLY/KITCHEN PLAN A.101 KITCHEN/BAR SONNENALP HOTEL OZ EXISTING CONDITION NOTES 1 EXISTING INFORMATION SHOWN ON THE DRAWINGS IS BASED ON LIMITED FIELD OBSERVATIONS AND/OR INFORMATION PROVIDED BY THE OWNER, AND MAY NOT INCLUDE EXACT DIMENSIONS OR LOCATIONS OF EXISTING IMPROVEMENTS. OZ ARCHITECTURE IS NOT RESPONSIBLE FOR THE ACCURACY OF INFORMATION OR THE ADEQUACEY, SAFETY, AND CONFORMANCE TO CURRENT PREVAILING CODES OF ANY WORK SHOWN AS EXISTING ON THESE DRAWINGS. SHOULD ANY DISCREPANCIES BE FOUND, THE GC. SHALL NOTIFY THE ARCHITECT. PROJECT NOTES 1 THE TERM “GC” SHALL MEAN THE GENERAL CONTRACTOR AND ITS SUB-CONTRACTORS. 2 THE GC SHALL THOROUGHLY FAMILIARIZE ITSELF WITH THE CONTRACT DOCUMENTS AND THE SITE. SHOULD THE GC FIND DISCREPANCIES IN, OR OMISSIONS FROM THE DRAWINGS OR SPECIFICATIONS, SHOULD THE GC BE IN DOUBT AS TO THEIR INTENT OR MEANING, OR HAS QUESTIONS CONCERNING CONSTRUCTABILITY OR CODE COMPLIANCE, THE GC SHALL SEEK CLARIFICATION FROM THE ARCHITECT BEFORE PROCEEDING WITH THE WORK. SHOULD A CONFLICT OCCUR BETWEEN THE DRAWINGS AND SPECIFICATIONS THAT IMPLYING GREATER QUANTITY OR QUALITY SHALL PREVAIL. 3 THE INTENT OF THE CONTRACT DOCUMENTS IS TO PROVIDE A COMPLETE PROJECT. EVERY ITEM NECESSARILY REQUIRED MAY NOT BE SPECIFICALLY MENTIONED OR SHOWN. UNLESS EXPRESSLY STATED, SYSTEMS AND EQUIPMENT SHALL BE COMPLETELY OPERATIONAL. PROVIDE INCIDENTAL, ACCESSORY, AND ANY OTHER ITEMS NOT SPECIFIED, BUT REQUIRED, FOR A COMPLETE AND FINISHED ASSEMBLY. 4 THE ENTIRE SET OF CONTRACT DOCUMENTS REPRESENT THE PROJECT AS A WHOLE. THE GC IS RESPONSIBLE FOR PROVIDING SUFFICIENT INFORMATION TO ITS SUB-CONTRACTORS TO DETERMINE AND PERFORM THEIR SCOPE OF WORK. 5 ANY ELECTRONIC CAD AND/OR BUILDING INFORMATION MODELING (BIM) FILES PROVIDED BY THE ARCHITECT OR ITS CONSULTANTS IS SOLELY TO ASSIST THE GC IN PREPARATION OF SHOP DRAWINGS AND/OR LAYOUT OF THE PROJECT. CAD AND BIM FILES ARE NOT A PART OF THE CONTRACT DOCUMENTS AND ANY INFORMATION CONTAINED THEREIN DOES NOT SUPERSEDE ANY INFORMATION ON THE CONTRACT DOCUMENTS. 6 THE GC IS RESPONSIBLE FOR MEANS AND METHODS OF CONSTRUCTION, COORDINATION OF TRADES, AND SCHEDULING OF THE WORK. 7 THE GC SHALL NOT REVISE, SUBSTITUTE, OR CHANGE THE WORK WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. 8 NOT EVERY CONDITION MAY BE DRAWN OR DETAILED. CONDITIONS SIMILAR TO DETAILED CONDITIONS SHALL BE CONSTRUCTED TO THE SAME SIZE AND CHARACTER AS THOSE FOR SIMILAR CONDITIONS. 9 NOT USED 10 DO NOT SCALE DRAWINGS. 11 PROVIDE NECESSARY BLOCKING IN WALLS, PARTITIONS, AND CEILINGS FOR ITEMS INCLUDING, BUT NOT LIMITED TO: CEILING AND PARTITION-MOUNTED FIXTURES, GRAB BARS, HANDRAILS, TOILET ACCESSORIES, CABINETRY, PANELING, COUNTERTOPS, SHELVES, CLOSET RODS, WHITE BOARDS, AND DECORATIVE ELEMENTS. 12 THE CONSTRUCTION DOCUMENTS ARE THE PROPERTY OF OZ ARCHITECTURE, INC. AND ITS CONSULTANTS AND ARE TO BE USED AS INSTRUMENTS OF SERVICE FOR CONSTRUCTION OF THIS PROJECT ONLY. USE OF THESE DOCUMENTS BY THE GC FOR ANY OTHER PROJECT OR PURPOSE WITHOUT THE WRITTEN CONSENT OF OZ ARCHITECTURE IS PROHIBITED. FLOOR PLAN NOTES 1 EL.100'-0" (LEVEL 1) EQUATES TO USGS DATUM ELEVATION OF ______. 2 EXTERIOR DIMENSIONS ARE TO FACE OF SHEATHING, FACE OF CONCRETE/MASONRY, COLUMN CENTERLINE, OR CENTERLINE OF WINDOW U.N.O. 3 INTERIOR DIMENSIONS ARE TO FACE OF STUD, FACE OF CONCRETE/MASONRY, OR COLUMN CENTERLINE U.N.O. DIMENSIONS DESIGNATED AS "CLEAR" OR "HOLD" SHALL BE MAINTAINED. 4 SEE SHEET G-500 FOR PARTITION TYPES. SEE CODE PLANS, G-100 SERIES SHEETS. METAL STUD PARTITIONS ARE TYPE 23C, U.N.O. 5 PARTITION TYPES INDICATED CONTINUE AROUND CORNERS U.N.O. 6 MAINTAIN CONTINUITY OF RATED PARTITIONS AT HEAD AND BOTTOM OF PARTITION AND AT JOINTS WITH DISSIMILAR PARTITIONS WITH LISTED JOINT ASSEMBLIES. 7 WHERE TWO DIFFERING PARTITION TYPES ABUT ALONG A CONTINUOUS LINE, THE CONTINUOUS FINISHED SURFACE OF THESE PARTITIONS SHALL ALIGN U.N.O. 8 WHERE DOORS ARE NOT SPECIFICALLY LOCATED, PROVIDE A HINGE-SIDE JAMB DIMENSION OF 4" FROM DOOR OPENING TO ADJACENT PERPENDICULAR PARTITION. 9 WHERE MECHANICAL DUCTWORK PENETRATES A COMPONENT OF THE FIRE-RATED ASSEMBLY, PROVIDE FIRE AND/OR SMOKE DAMPERS IN ACCORDANCE WITH IBC CHAPTER 7. 10 PROVIDE 1/2" CLEARANCE FROM DUCTWORK FOR VIBRATION ISOLATION. 11 THERE SHALL BE NO EXPOSED PIPES, DUCTS, ETC. ALL SUCH LINES SHALL BE CONCEALED OR FURRED UNLESS SPECIFICALLY NOTED AS EXPOSED CONSTRUCTION. 12 FIELD VERIFY DIMENSIONS PRIOR TO FABRICATION OF CASEWORK, MILLWORK AND OTHER BUILT-IN ITEMS. 13 SEE SHEET G-401 FOR MOUNTING HEIGHTS AND BLOCKING FOR FUTURE GRAB BARS. 14 SEE SHEET A-100 FOR DOOR SCHEDULE. 15 SEE FOOD SERVICE DRAWINS FOR KITCHEN EQUIPMENT PROJECT FLAGNOTES NO. FLAGNOTE 1.05 WOOD FRAMING CURB. FULL PERIMETER WOOD AND FRONT TO BACK SUPPORT NEEDED EVERY 24” OC. FINISHED BASE, RE: INTERIOR ELEVATIONS 10.31 FIRE-EXTINGUISHER 26.06 UNDERCOUNTER LED LIGHT STRIP. RE: ELECTRICAL TO DETERMINE CORRECT QUANTITIES 4 03/31/2021 ASI-02 04/19/2021 RFI#038 04/29/2021 RFI#040 05/03/2021 RFI#044 05/21/2021 RFI#064 1/4" = 1'-0" 1 ENLARGED PLAN - BULLY/KITCHEN PLAN RFI#038 July 20, 2021 - Page 53 of 88 DN TRASHTRASHTRASH TRASH143618481848 2136 14361848 1836 2160 2160Trash COOLERFREEZER3'-8"3'-1"3'-2"3'-2" 3' SERVICE 1472 1872 18301872 1872 144814481830 1824 FIRE PULL 2130 1248 FIRE PULL VGM SSEBAREA NOT IN CONTRACTEXISTING WALL FLOOR PLAN LEGEND NEW WALL RAISED FLOOR TO MATCH (E) A.200 2 SHAFT 2 2 A.201 _____ A.401 10 17'-0 1/2"10' - 10 1/2" ELEVATOR (E) STAIR 04 194 (E) STORAGE (E) Room 041 COOLER 192 ENTRY 186 RESTAURANT FOYER (E) KITCHEN 189 ? ? BAR 180 WOMEN BATHROOM 111 MEN BATHROOM 112 LUDWIG RESTAURANT (E) TRASH (E) Room 169 BANQUET FLEX SPACE 191 PIZZA 109 GARDE MANGER 190 SERVICE 188 SEATING 181 BATHROOM ENTRY 182 3' - 7 1/4"TYP. 2' - 2 1/4"1' - 1 1/2"1' - 1 1/2"5 1/2"3' - 5"A.401 1 3' - 0" 10 A.550 26.06 191. EQ EQ 4' - 9"2' - 3"4' - 9"STUD TO STUD9' - 7"26 23 26 23 26 23 STAIR 08 177 26.06 26.06 2 1/2"10.31 10.31 1.05 15' - 7" SITE DIMENSION10' - 8"V.I.F. 16' - 6 1/2"10' - 11 1/4" V.I.F. 5' - 6 1/2"2' - 11 1/4"OPENING IN THE WALL BELOW THE COUNTER RE: FS DWGS. PASS THRU WINDOW RE: FS DWGS.9 1/2"6' - 1"10' - 11"8' - 0" V.I.F. 5' - 8" V.I.F. 9' - 4" 1' - 3 1/4" V.I.F. 2' - 8"7' - 11 3/4"13' - 1 1/2"4' - 6"2' - 4 1/2"4' - 5 1/2"5' - 0"14' - 4 3/4"3' - 3 1/4"4' - 6 1/4"4' - 1 1/2"6' - 3 1/4" V.I.F. 13' - 3 1/4"18' - 8 1/4"1' - 0"V.I.F.3' - 3"9 1/4" 23' - 0" 13' - 8" 10' - 10"7' - 7"13 SITE DIMENSION 21' - 6"SITE DIMENSION9' - 2"6"6"ARCH KNEE WALL; 5/8" GYP BOARD + 3 5/8" METAL STUD + 1/2" FIRE-RATED PLYWOOD +FINISHES 4' - 0"12' - 8"EXISTING4' - 0"STUD9' - 0 3/4"STU D 6' - 10 1/2"STUD 5' - 1" FS COUNTER 1' - 8"4"4" 13' - 11 3/4" RFI#040 7' - 10"7' - 0"8' - 8 3/4"RFI#044 3' - 9 1/4"3' - 9 1/4"1 3 5 .0 0 °135.00°PASS COUNTER1' - 6 1/2"COUNTER1' - 8"RFI#064 RFI#064 PROJ. NO. DRAWN: CHECKED: DATE: © OZ ARCHITECTURE SCALE: SHEET NUMBER SHEET TITLE: ISSUED FOR: APPROVED: 3003 Larimer Street Denver, Colorado 80205 phone 303.861.5704 www.ozarch.com ARCHITECTURE ® As indicatedKITCHEN/BAR SONNENALP HOTEL20 VAIL RDVAIL, COLORADO, 81657118313.00 OZ OZ 3/11/2021 FOR CONSTRUCTION BULLY/KITCHEN PLAN A.101 KITCHEN/BAR SONNENALP HOTEL OZ EXISTING CONDITION NOTES 1 EXISTING INFORMATION SHOWN ON THE DRAWINGS IS BASED ON LIMITED FIELD OBSERVATIONS AND/OR INFORMATION PROVIDED BY THE OWNER, AND MAY NOT INCLUDE EXACT DIMENSIONS OR LOCATIONS OF EXISTING IMPROVEMENTS. OZ ARCHITECTURE IS NOT RESPONSIBLE FOR THE ACCURACY OF INFORMATION OR THE ADEQUACEY, SAFETY, AND CONFORMANCE TO CURRENT PREVAILING CODES OF ANY WORK SHOWN AS EXISTING ON THESE DRAWINGS. SHOULD ANY DISCREPANCIES BE FOUND, THE GC. SHALL NOTIFY THE ARCHITECT. PROJECT NOTES 1 THE TERM “GC” SHALL MEAN THE GENERAL CONTRACTOR AND ITS SUB-CONTRACTORS. 2 THE GC SHALL THOROUGHLY FAMILIARIZE ITSELF WITH THE CONTRACT DOCUMENTS AND THE SITE. SHOULD THE GC FIND DISCREPANCIES IN, OR OMISSIONS FROM THE DRAWINGS OR SPECIFICATIONS, SHOULD THE GC BE IN DOUBT AS TO THEIR INTENT OR MEANING, OR HAS QUESTIONS CONCERNING CONSTRUCTABILITY OR CODE COMPLIANCE, THE GC SHALL SEEK CLARIFICATION FROM THE ARCHITECT BEFORE PROCEEDING WITH THE WORK. SHOULD A CONFLICT OCCUR BETWEEN THE DRAWINGS AND SPECIFICATIONS THAT IMPLYING GREATER QUANTITY OR QUALITY SHALL PREVAIL. 3 THE INTENT OF THE CONTRACT DOCUMENTS IS TO PROVIDE A COMPLETE PROJECT. EVERY ITEM NECESSARILY REQUIRED MAY NOT BE SPECIFICALLY MENTIONED OR SHOWN. UNLESS EXPRESSLY STATED, SYSTEMS AND EQUIPMENT SHALL BE COMPLETELY OPERATIONAL. PROVIDE INCIDENTAL, ACCESSORY, AND ANY OTHER ITEMS NOT SPECIFIED, BUT REQUIRED, FOR A COMPLETE AND FINISHED ASSEMBLY. 4 THE ENTIRE SET OF CONTRACT DOCUMENTS REPRESENT THE PROJECT AS A WHOLE. THE GC IS RESPONSIBLE FOR PROVIDING SUFFICIENT INFORMATION TO ITS SUB-CONTRACTORS TO DETERMINE AND PERFORM THEIR SCOPE OF WORK. 5 ANY ELECTRONIC CAD AND/OR BUILDING INFORMATION MODELING (BIM) FILES PROVIDED BY THE ARCHITECT OR ITS CONSULTANTS IS SOLELY TO ASSIST THE GC IN PREPARATION OF SHOP DRAWINGS AND/OR LAYOUT OF THE PROJECT. CAD AND BIM FILES ARE NOT A PART OF THE CONTRACT DOCUMENTS AND ANY INFORMATION CONTAINED THEREIN DOES NOT SUPERSEDE ANY INFORMATION ON THE CONTRACT DOCUMENTS. 6 THE GC IS RESPONSIBLE FOR MEANS AND METHODS OF CONSTRUCTION, COORDINATION OF TRADES, AND SCHEDULING OF THE WORK. 7 THE GC SHALL NOT REVISE, SUBSTITUTE, OR CHANGE THE WORK WITHOUT THE WRITTEN CONSENT OF THE ARCHITECT. 8 NOT EVERY CONDITION MAY BE DRAWN OR DETAILED. CONDITIONS SIMILAR TO DETAILED CONDITIONS SHALL BE CONSTRUCTED TO THE SAME SIZE AND CHARACTER AS THOSE FOR SIMILAR CONDITIONS. 9 NOT USED 10 DO NOT SCALE DRAWINGS. 11 PROVIDE NECESSARY BLOCKING IN WALLS, PARTITIONS, AND CEILINGS FOR ITEMS INCLUDING, BUT NOT LIMITED TO: CEILING AND PARTITION-MOUNTED FIXTURES, GRAB BARS, HANDRAILS, TOILET ACCESSORIES, CABINETRY, PANELING, COUNTERTOPS, SHELVES, CLOSET RODS, WHITE BOARDS, AND DECORATIVE ELEMENTS. 12 THE CONSTRUCTION DOCUMENTS ARE THE PROPERTY OF OZ ARCHITECTURE, INC. AND ITS CONSULTANTS AND ARE TO BE USED AS INSTRUMENTS OF SERVICE FOR CONSTRUCTION OF THIS PROJECT ONLY. USE OF THESE DOCUMENTS BY THE GC FOR ANY OTHER PROJECT OR PURPOSE WITHOUT THE WRITTEN CONSENT OF OZ ARCHITECTURE IS PROHIBITED. FLOOR PLAN NOTES 1 EL.100'-0" (LEVEL 1) EQUATES TO USGS DATUM ELEVATION OF ______. 2 EXTERIOR DIMENSIONS ARE TO FACE OF SHEATHING, FACE OF CONCRETE/MASONRY, COLUMN CENTERLINE, OR CENTERLINE OF WINDOW U.N.O. 3 INTERIOR DIMENSIONS ARE TO FACE OF STUD, FACE OF CONCRETE/MASONRY, OR COLUMN CENTERLINE U.N.O. DIMENSIONS DESIGNATED AS "CLEAR" OR "HOLD" SHALL BE MAINTAINED. 4 SEE SHEET G-500 FOR PARTITION TYPES. SEE CODE PLANS, G-100 SERIES SHEETS. METAL STUD PARTITIONS ARE TYPE 23C, U.N.O. 5 PARTITION TYPES INDICATED CONTINUE AROUND CORNERS U.N.O. 6 MAINTAIN CONTINUITY OF RATED PARTITIONS AT HEAD AND BOTTOM OF PARTITION AND AT JOINTS WITH DISSIMILAR PARTITIONS WITH LISTED JOINT ASSEMBLIES. 7 WHERE TWO DIFFERING PARTITION TYPES ABUT ALONG A CONTINUOUS LINE, THE CONTINUOUS FINISHED SURFACE OF THESE PARTITIONS SHALL ALIGN U.N.O. 8 WHERE DOORS ARE NOT SPECIFICALLY LOCATED, PROVIDE A HINGE-SIDE JAMB DIMENSION OF 4" FROM DOOR OPENING TO ADJACENT PERPENDICULAR PARTITION. 9 WHERE MECHANICAL DUCTWORK PENETRATES A COMPONENT OF THE FIRE-RATED ASSEMBLY, PROVIDE FIRE AND/OR SMOKE DAMPERS IN ACCORDANCE WITH IBC CHAPTER 7. 10 PROVIDE 1/2" CLEARANCE FROM DUCTWORK FOR VIBRATION ISOLATION. 11 THERE SHALL BE NO EXPOSED PIPES, DUCTS, ETC. ALL SUCH LINES SHALL BE CONCEALED OR FURRED UNLESS SPECIFICALLY NOTED AS EXPOSED CONSTRUCTION. 12 FIELD VERIFY DIMENSIONS PRIOR TO FABRICATION OF CASEWORK, MILLWORK AND OTHER BUILT-IN ITEMS. 13 SEE SHEET G-401 FOR MOUNTING HEIGHTS AND BLOCKING FOR FUTURE GRAB BARS. 14 SEE SHEET A-100 FOR DOOR SCHEDULE. 15 SEE FOOD SERVICE DRAWINS FOR KITCHEN EQUIPMENT PROJECT FLAGNOTES NO. FLAGNOTE 1.05 WOOD FRAMING CURB. FULL PERIMETER WOOD AND FRONT TO BACK SUPPORT NEEDED EVERY 24” OC. FINISHED BASE, RE: INTERIOR ELEVATIONS 10.31 FIRE-EXTINGUISHER 26.06 UNDERCOUNTER LED LIGHT STRIP. RE: ELECTRICAL TO DETERMINE CORRECT QUANTITIES 4 03/31/2021 ASI-02 04/19/2021 RFI#038 04/29/2021 RFI#040 05/03/2021 RFI#044 05/21/2021 RFI#064 1/4" = 1'-0" 1 ENLARGED PLAN - BULLY/KITCHEN PLAN RFI#038 July 20, 2021 - Page 54 of 88 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 : O rdinance No. 15, S eries 2021, an Emergency Ordinance suspending new registrations for certain short-term rentals in the Town of Vail through October 19, 2021. P RE S E NT E R(S ): Scott R obson, Town Manager; Matt Gennett, Community D evelopment Director and Matt Mire, Town Attorney AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, amend or deny Ordinance No. 15, Series 2021. B AC K G RO UND: Please see attached memorandum and attachments. S TAF F RE C O M M E ND AT I O N: Approve, amend or deny Ordinance No. 15, Series 2021 AT TAC H ME N TS : Description S T R public input July 20, 2021 - Page 55 of 88 Memorandum TO: Town Council FROM: Town Manager / Finance Department DATE: July 20, 2021 SUBJECT: Short Term Rental (STR) Suspension Discussion I. SUMMARY On July 6th, staff presented background history and data on the town’s short-term rental regulations and activity. During that presentation, Town Council expressed concern that the town is experiencing a severe shortage of housing for the local workforce and directed staff to bring back an emergency ordinance to suspend new STR registrations. The intent of the ordinance is to allow time for a comprehensive study of short-term rentals on the town’s housing stock and market, particularly as it relates to housing for locals, the town’s economic livelihood and neighborhood livability. II. DISCUSSION When Town Council first implemented a registration process, life safety expectations and good neighbor guidelines in 2018, the short-term rental market was considered a lodging option for guests needing limited regulations surrounding life safety and livability in neighborhoods and to level the playing field with traditional lodging properties. It was also considered an important option for primary residents in earning enough income to afford their mortgage. While owning rental properties as an “investment” has been around for a number of years, Vail has experienced a significant increase in real estate buyers solely looking to generate revenue from a short-term rental property. The threat to primary residents and long-term rentals has evolved into a housing crisis as affirmed by the Vail Local Housing Authority and Town Council. While the town of Vail currently has one of the most passive stances on short-term rentals for a ski town in Colorado, many destination-mountain and urban communities have begun adopting much more progressive actions such as higher annual registration fees to cover the administration and impacts of STR’s, zoning restrictions and limits on number of short- term rentals in portions of the community. Within the last month alone, the Towns of Crested Butte and Steamboat Springs for example have temporarily suspended the issuance of new STR licenses. The proposed 90-day suspension will allow the town to hire a consultant for a comprehensive study of the impact of STRs on workforce housing stock, the economy and neighborhoods. The attached ordinance intends to apply the suspension to traditional residential units (excluding hotels, lodges, condo-tels, fractional fee and timeshare interests). Below is a summary of terms in the attached ordinance:  Suspends the processing of new registration applications through October 19, 2021  It currently allows for the acceptance of applications for renewal registrations  Any application that was filed and deemed complete on or before July 15, 2021 is exempt July 20, 2021 - Page 56 of 88 - 2 -  The suspension applies only to properties within the town’s business license zone 2, with the exception of properties with a front desk, for example serviced by a full-time on-site property manager, accommodation unit (hotel/lodge), bed and breakfast, fractional fee club unit, or timeshare units. Please see attached map detailing Zone 1 and 2. III. ACTION REQUESTED FROM COUNCIL Staff has presented an emergency ordinance for Town Council’s consideration. Staff requests approval, approval with amendments or denial of Ordinance No. 15 2021. July 20, 2021 - Page 57 of 88 1 7/15/2021 S:\FINANCE\BUDGET\BUDGET 21\TOWN COUNCIL MEMOS\STR\STR SUSPENSION- O071421KH.DOCXC:\USERS\KLC\APPDATA\LOCAL\TEMP\SCRUB\0JCUYU4P\M2WICYUF.DOCX ORDINANCE NO. 15 SERIES 2021 AN EMERGENCY ORDINANCE SUSPENDING NEW REGISTRATIONS FOR CERTAIN SHORT-TERM RENTALS IN THE TOWN OF VAIL THROUGH OCTOBER 19, 2021 WHEREAS, the Town has found that the commercial aspects of short-term rentals can have detrimental effects on adjacent residential uses and therefore should be regulated to protect the public health, safety and welfare; WHEREAS, the Town is experiencing a severe shortage of housing for the local workforce at all income levels which is threatening the livelihood and character of the Town, its citizens, and its businesses; WHEREAS, on May 28, 2021, the Governor signed House Bill 21-1117, which amended C.R.S. § 29-20-104 to confirm that local governments in Colorado have the authority to regulate development or redevelopment to promote the construction of new affordable housing units; WHEREAS, the Town desires to conduct a comprehensive study of short-term rentals and the Town’s short-term rental regulations to reevaluate the impacts of short- term rentals on the Town’s housing stock and market, particularly as it relates to affordable housing, the Town's economic livelihood, and neighborhood livability; WHEREAS, the Town believes that its comprehensive study will result in recommendations to the Town Council regarding the Town's short-term rental regulations and policies, including the number of registrations that will be made available, associated fees, the Town’s zoning regulations, and other policy and regulatory improvements; and WHEREAS, while conducting such study, the Town Council wishes to temporarily suspend new registrations for certain short-term rentals. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Town hereby suspends the acceptance of applications to register any new short-term rentals under Section 4-14-4 of the Vail Town Code through October 19, 2021; provided that this suspension shall not apply to any of the following: a. Any short-term rental in Zone 1, as defined in Section 4-1-14.A. of the Vail Town Code; b. A short-term rental in Zone 2, as defined in Section 4-1-14.A. of the Vail Town Code, in any of the following, as defined in Title 12 of the Vail Town Code, if serviced by a full-time on-site property manager: accommodation unit, bed and breakfast, employee housing unit, fractional fee club unit, lodge dwelling unit, limited service lodge unit, or timeshare unit; July 20, 2021 - Page 58 of 88 2 7/15/2021 S:\FINANCE\BUDGET\BUDGET 21\TOWN COUNCIL MEMOS\STR\STR SUSPENSION- O071421KH.DOCXC:\USERS\KLC\APPDATA\LOCAL\TEMP\SCRUB\0JCUYU4P\M2WICYUF.DOCX c. Any application for a short-term rental registration which was filed and deemed complete on or before July 15, 2021; or d. Any renewal of an existing registration for an existing short-term rental. Section 2. Severability. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the 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 3. Emergency. Pursuant to § 4.11 of the Vail Town Charter, the Town Council hereby finds and declares that this ordinance is necessary for the preservation of the public health, safety and welfare, because the Town needs to study the impact of short-term rentals prior to allowing any additional registrations. Section 4. Effective Date. This ordinance shall be effective immediately upon adoption. INTRODUCED, APPROVED, AND ORDERED PUBLISHED IN FULL this 20th day of July, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 20, 2021 - Page 59 of 88 §¨¦70 Zone 2 §¨¦70 §¨¦70 Zone 1 BIGHORNRD I 0 1 20.5 Miles B u s i n e s s L i c e n s e Z o n e sBusiness L i c e n s e Z o n e s This map was crea te d b y th e Town of Va il GIS Tea m. Use of this map should be for g ene ral purposes on ly.The Town o f Vail do es not warran t the accuracy o f the in fo rmation co ntained he rein.(whe re shown, parcel lin e w ork is ap pro ximate) Last Modified: July 15, 2021 Zone 1 Zone 2 July 20, 2021 - Page 60 of 88 From:Tammy Nagel To:Matt Gennett; Kathleen Halloran Cc:Stephanie Bibbens Subject:FW: Amend or deny ordinance No. 15 - Eric Linton Date:Tuesday, July 20, 2021 9:24:32 AM Attachments:image001.png image007.png image008.png image009.png Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Eric Linton <ericlinton79@gmail.com> Sent: Tuesday, July 20, 2021 12:57 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Amend or deny ordinance No. 15 - Eric Linton Dear Town of Vail Council Members, I politely ask the council to amend or deny ordinance No. 15 today. For the record, I support the stated intent of the ordinance "to allow time for a comprehensive study of short-term rentals on the town’s housing stock and market, particularly as it relates to housing for locals, the town’s economic livelihood and neighborhood livability." However, I have issue with a few items. First, I question the legality of restricting new applications July 20, 2021 - Page 61 of 88 for new STR's. Secondly, I do not believe the town has the right to influence the free market. Lastly, the moratorium is not equally applied throughout the Vail housing market making it unjust and unfair. To be repetitive, I do believe the town should proceed with a comprehensive study of short-term rentals......, but I believe the council should amend ordinance No. 15 to exclude the 90-day moratorium or make it just and fair. Thanks for your time. Bests, Eric Linton 4192 Spruce Way #203 (Atair Inn) Vail, CO 81657 ericlinton79@gmail.com July 20, 2021 - Page 62 of 88 From:Tammy Nagel To:Matt Gennett; Kathleen Halloran Cc:Stephanie Bibbens Subject:FW: ORDINANCE NO. 15 SERIES 2021 AN EMERGENCY ORDINANCE SUSPENDING NEW REGISTRATIONS FOR CERTAIN SHORT-TERM RENTALS IN THE TOWN OF VAIL THROUGH OCTOBER 19, 2021 Date:Tuesday, July 20, 2021 9:22:56 AM Attachments:image001.png image007.png image008.png image009.png Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: lisa vailvoyage.com <lisa@vailvoyage.com> Sent: Tuesday, July 20, 2021 8:46 AM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: ORDINANCE NO. 15 SERIES 2021 AN EMERGENCY ORDINANCE SUSPENDING NEW REGISTRATIONS FOR CERTAIN SHORT-TERM RENTALS IN THE TOWN OF VAIL THROUGH OCTOBER 19, 2021 Dear Mr. Mayor and Town Council Members, Thank you for taking time to review the current short term rental regulations and their impact on local housing. If the Town Council needs to suspend new applications, it should do so equally across all property types regardless of location and front desk status. By approving July 20, 2021 - Page 63 of 88 this ordinance as currently written you are in effect: 1. Imposing a de facto deed restriction on certain buildings. For example, in Vail's Sandstone neighborhood, the Simba Run complex has a front desk and would be exempt from this ordinance. But other neighboring condo buildings (Homestake, Snow Lion, SnowFox, Brooktree, Breakaway West, Savoy Villas) would be restricted. This would make Simba Run more attractive to all types of buyers while limiting the pool of buyers for the neighboring complexes. This is a de facto deed restriction and negatively impacts the values of these properties. Why should Simba Run be exempted from this restriction? It has 1-2 bedroom condos which could also be long term rentals. 2. 3. Giving preferential treatment to a declining industry structure. The onsite front desk, while deemed a necessity in the past, is now obsolete. In 2021, guests check in online and use keyless entry. They ask questions via messaging and look up information through an app. The vacation rental industry has been drastically changed by airbnb, and vrbo. Even the onsite managers use airbnb and vrbo. Why are we giving preferential treatment to this market segment? As a Vail resident and investor in short term rental property, I commend the regulations and licensing process that has been implemented over the past few years. Please continue to fairly apply these regulations across all property types and locations. Please do not play favorites or pick winners and losers. Please reject this ordinance in its current form. On the larger issue of the housing shortage in Vail, we can't blame it entirely on short term rentals. We need a healthy supply of vacation rentals and the Town Council should take this opportunity to determine what the level should be and grant short term rental licenses on a FAIR AND EQUITABLE BASIS. If demand exceeds supply, there should be a waiting list for new licenses. Let's get the short term rental drama over with and move to solutions that will really make a difference, like building or acquiring long term rental housing in Vail and down valley. Thank you for your time and attention. Lisa Johnson East Vail resident July 20, 2021 - Page 64 of 88 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Proposed STR moratorium Date:Monday, July 19, 2021 3:53:21 PM Attachments:image001.png image007.png image008.png image009.png For tomorrow’s meeting. Please add to public comment under STR Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com From: Ellen McKibben <ellen@vailreservations.com> Sent: Monday, July 19, 2021 1:36 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Proposed STR moratorium As an owner of a property management company who specializes in short-term vacation rentals, I have first-hand knowledge of the reasons homeowners are renting their homes short-term versus long term. The majority of these homes and condos are owned by people either from the front-range or out-of-state, who use their homes themselves both summer and winter. They want the capability of renting when they are not using their homes to make some money to off-set some of the expenses of owning a home in Vail. These homeowners would never rent on a long-term basis or for that matter on a seasonal basis. The idea that these short-term rental properties are directly impacting the availability of local workforce July 20, 2021 - Page 65 of 88 housing is a false narrative. In the 35 plus years that I have been doing vacation rentals, I have never had a property that had been used as a long-term rental change into a short-term rental property. In my neighborhood in East Vail, we have several homes that are vacation rentals. These are all owners who use their homes both during ski season and the summer season and rent when they are not here. None of these homes have ever been used as local housing. There is nothing to be gained by suspending short-term rental licenses. In fact, it will be to the detriment to the Town as you will be losing lodging tax income. It could also impact the sale of homes to those who would plan to rent on a short-term basis. Just because other resort communities are doing this, does not make it right for Vail. This proposed moratorium will have no impact on the availability of local housing and will be a detriment to the Town of Vail. Please do not impose this. Thank you, Ellen B. McKibben Vail Valley Real Estate Brokers, Inc. P. O. Box 426 Vail, CO 81658 970-476-8250 ellen@vailreservations.com www.vail-reservations.com Office located at: 30 Benchmark Rd. G4B, Avon, CO 81620 July 20, 2021 - Page 66 of 88 From:Tammy Nagel To:Matt Gennett; Kathleen Halloran Cc:Stephanie Bibbens Subject:Fw: Proposed STR moratorium Date:Tuesday, July 20, 2021 12:46:05 PM From: Ellen McKibben <ellen@vailreservations.com> Sent: Monday, July 19, 2021 1:36 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Proposed STR moratorium As an owner of a property management company who specializes in short-term vacation rentals, I have first-hand knowledge of the reasons homeowners are renting their homes short-term versus long term. The majority of these homes and condos are owned by people either from the front-range or out-of-state, who use their homes themselves both summer and winter. They want the capability of renting when they are not using their homes to make some money to off-set some of the expenses of owning a home in Vail. These homeowners would never rent on a long-term basis or for that matter on a seasonal basis. The idea that these short-term rental properties are directly impacting the availability of local workforce housing is a false narrative. In the 35 plus years that I have been doing vacation rentals, I have never had a property that had been used as a long-term rental change into a short-term rental property. In my neighborhood in East Vail, we have several homes that are vacation rentals. These are all owners who use their homes both during ski season and the summer season and rent when they are not here. None of these homes have ever been used as local housing. There is nothing to be gained by suspending short-term rental licenses. In fact, it will be to the detriment to the Town as you will be losing lodging tax income. It could also impact the sale of homes to those who would plan to rent on a short-term basis. Just because other resort communities are doing this, does not make it right for Vail. This proposed moratorium will have no impact on the availability of local housing and will be a detriment to the Town of Vail. Please do not impose this. Thank you, Ellen B. McKibben Vail Valley Real Estate Brokers, Inc. P. O. Box 426 Vail, CO 81658 970-476-8250 ellen@vailreservations.com July 20, 2021 - Page 67 of 88 www.vail-reservations.com Office located at: 30 Benchmark Rd. G4B, Avon, CO 81620 July 20, 2021 - Page 68 of 88 From:Tammy Nagel To:Matt Gennett; Kathleen Halloran Cc:Stephanie Bibbens Subject:Fw: Short Term Rentals Date:Tuesday, July 20, 2021 12:45:04 PM From: Kyle Denton <kyle@vaildenton.com> Sent: Tuesday, July 20, 2021 12:43 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Short Term Rentals Hello Council members, Just a quick comment to think about during tonight’s upcoming short-term rental discussion. 1. There are currently buyers that are under contract for properties and/or buyers that have recently purchased properties based on their current legal right to short-term rent. The majority of these buyers were most likely unaware of the arbitrary July 15th date to apply for a short-term rental license in order to be exempt from anything decided upon tonight. If you make a change without giving these buyers the right to apply for a short term rentals this will drastically impact their situations. You will most likely also have buyers that are under contract and past all of their due diligence dates to be able to legally get out of a contract and get their earnest money back. This means that if they have to terminate their contract based on any new short-term rental rulings tonight they would risk losing their earnest money vs. moving forward to a closing where they will now not have the same legal rights for their property that they had when they contracted for that property. a. **I believe it makes sense to provide an additional grace period for these owners and/or individuals that were under contract before tonight’s ruling. i. **It is easy to determine who was under contract before these rulings go into effect given contract software and date and time stamps. Thank you, Kyle Kyle Denton | The Denton Advisory Group Berkshire Hathaway Colorado Properties | Vail, CO c: (970)393-2154 | o: (970)476-0476 225 Wall Street, Suite 200, Vail, CO 81657 VailDenton.com | Market/Neighborhood Trends 2017 Realtor of the Year – Vail Board of Realtors Past Chair, Vail Board of REALTORS® July 20, 2021 - Page 69 of 88 Wire Fraud Alert: You will never receive wiring instructions from me. All wire instructions will be emailed from the title company via an encrypted email system. July 20, 2021 - Page 70 of 88 From:Tammy Nagel To:Matt Gennett; Kathleen Halloran Cc:Stephanie Bibbens Subject:Fw: STR Date:Tuesday, July 20, 2021 12:00:04 PM From: Judith Rodriguez <jrodapril@gmail.com> Sent: Tuesday, July 20, 2021 11:51 AM To: Council Dist List <TownCouncil@vailgov.com> Subject: STR Dear TC members, Reviewing Airbnbs is always a good idea in a resort town, keeping in mind they are not competing with employee housing or pricy hotels. I share my residence with my Airbnb guests, and I would like that to be considered in your review. If a host is on the premises, shouldn’t there be an exception for that, as there are no complaints when there is a live in host? Perhaps less fees to encourage that arrangement, since a personal on site concierge is at a guests beck and call; when requesting info on best runs, happy hours, restaurants and activities. Let’s reward our great, guest Ambassadors for the Town of Vail! Thanking you in advance for all your prompt and courteous services, Judy Rodriguez Sent from my iPhone July 20, 2021 - Page 71 of 88 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 : O rdinance No. 14, S eries 2021, S econd reading, A n O rdinance A uthorizing the Transf er of C ertain Property in the Town's Right-of -Way for West F orest R oad in the Exchange f or A lternate Property, and Approving the A ssociated Exchange A greement, all to Accommodate Construction of Two Residences at 816 West F orest Road P RE S E NT E R(S ): Tom K assmel, Town E ngineer AC T IO N RE Q UE S T E D O F C O UNC IL : A pprove, approve with amendments or deny Ordinance No. 14, Series 2021 upon second reading. B AC K G RO UND: T he Developer at 816 and 826 West F orest R oad has requested a land swap between the Town of Vail's West F orest Road Right of Way and a portion of 816 and 826 West Forest Road property. The land swap would allow the developer to more easily access their property at 816 and 826 West Forest Road, an extremely steep lot with limited access opportunities. S TAF F RE C O M M E ND AT I O N: Approve, approve with amendments or deny Ordinance No. 14, S eries 2021 upon second reading AT TAC H ME N TS : Description Memo Ordinance N o. 14, Series 2021 Property Exchange Agreement Concept Plan July 20, 2021 - Page 72 of 88 To: Town Council From: Public Works Department Date: 7/6/2021 Subject: Ordinance No. 14, Series 2021 – 816/826 W. Forest Road Land Swap Request I. SUMMARY Ordinance No. 14, Series 2021, transfers certain property in the Town’s Right of Way for West Forest Road to the owners of 816 and 826 W est Forest Road in exchange for an equal amount of alternate adjacent property and a donation to Trees for Vail. The Developer at 816 and 826 West Forest Road has requested a land swap of ~2249 square feet between the Town of Vail West Forest Road Right of Way and a portion of 816 and 826 West Forest Road property. The land swap would allow the developer to more easily access their property at 816 and 826 West Forest Road, an extremely steep lot with limited access opportunities. Previously this lot has had a single-family home on it with a significant number of wood stairs going to it from W. Forest Road. The parking for this home was historically within the West Forest Road Right of Way, within a large flat area between the private lot and Gore Creek. That home has since been demolished along with the stairs. Any new development is required to meet Town Code and Development Standards and park on private property, not within the Town Right of Way. The portion of Right of Way the developer would acquire is mostly on the steep slope between the large flat area and the private lots. This would still allow the Town to use the flat area within the Right of Way for a truck turn around, snow storage, and intermittent staging as it is used today. The portion of property that the Town would receive is adjacent to Gore Creek and 830 West Forest Road, a lot already owned by the Town of Vail. It is a relatively steep site and includes an existing informal trail that connects the Gore Valley Trail to the West Forest Road Right of Way. Town staff is agreeable to the swap as proposed. July 20, 2021 - Page 73 of 88 Town of Vail Page 2 II. RECOMMENDATION Staff recommends the Town Council approves Ordinance No. 14, Series 2021, an Ordinance authorizing the transfer of certain property in the Town’s Right of Way for West Forest Road in exchange for alternate property, and approving the associated exchange agreement, all to accommodate construction of two residences at 816 West Forest Road. III. ATTACHMENTS Ordinance No. 14, Series 2021 Property Exchange Agreement July 20, 2021 - Page 74 of 88 1 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX ORDINANCE NO. 14 SERIES 2021 AN ORDINANCE AUTHORIZING THE TRANSFER OF CERTAIN PROPERTY IN THE TOWN'S RIGHT-OF-WAY FOR WEST FOREST ROAD IN EXCHANGE FOR ALTERNATE PROPERTY, AND APPROVING THE ASSOCIATED EXCHANGE AGREEMENT, ALL TO ACCOMMODATE CONSTRUCTION OF TWO RESIDENCES AT 816 WEST FOREST ROAD WHEREAS, Mexamer Forest Road LLC ("Mexamer") owns the property located at 816 West Forest Road, Vail, Colorado; WHEREAS, the Town owns the public right-of-way adjacent to West Forest Road; WHEREAS, Mexamer intends to construct two residences at 816 West Forest Road, and to allow for access to those residences, Mexamer has requested that the Town exchange portions of the Town's right-of-way in West Forest Road with portions of what is now private property; WHEREAS, the properties being exchanged are of like kind and equal value; WHEREAS, the property being transferred to the Town is sufficient for the right-of- way for West Forest Road; WHEREAS, the Town and Mexamer have negotiated an agreement governing the exchange of property (the "Exchange Agreement"); WHEREAS, Section 4.8 of the Vail Town Charter requires that the Town Council authorize the transfer of real property by ordinance; and WHEREAS, the Town Council finds and determines that the transfer of the right- of-way to Mexamer under the terms of the Exchange Agreement is in the best interest of the public health, safety and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The Exchange Agreement between the Town and Mexamer is hereby approved in substantially the form attached hereto, subject to approval by the Town Attorney. Upon such approval, the Town Manager is hereby authorized to execute the Exchange Agreement on behalf of the Town. Section 2. Pursuant to Section 4.8 of the Vail Town Charter, the Town Council hereby authorizes the transfer of certain portions of the Town's right-of-way in West Forest Road, as more particularly described in the exhibits to the Exchange Agreement, to Mexamer, in exchange for the receipt of private property from Mexamer, as more particularly described in the exhibits to the Exchange Agreement. The Town Manager is July 20, 2021 - Page 75 of 88 2 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\8619E263-8B3F-4DCD-A0C7- C7AFBEB1A0E7\VAIL GOV.16741.1.816_W_FOREST_TRANSFER-O063021.DOCX hereby authorized to sign all documents necessary to complete the exchange of such property, subject to approval of such documents by the Town Attorney. Section 3. 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 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 4. The Town Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof. Section 5. 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 July, 2021, and a public hearing for second reading of this Ordinance set for the ___ day of __________, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this ___ day of _____________, 2021. _____________________________ David Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk July 20, 2021 - Page 76 of 88 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX PROPERTY EXCHANGE AGREEMENT THIS PROPERTY EXCHANGE AGREEMENT (the "Agreement") is made and entered into this ___ day of ___________, 2021 (the "Effective Date"), by and between the Mexamer Forest Road, LLC a Colorado limited liability company, with an address of P.O. Box 1292, Vail, CO 81658 ("Mexamer") and the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town") (each a "Party" and collectively the "Parties"). WHEREAS, Mexamer owns certain real property more particularly described as follows: LOT 14, BLOCK 1, VAIL VILLAGE, SIXTH FILING, ACCORDING TO THE PLAT RECORDED JUNE 1, 1964 UNDER RECEPTION NO. 99380, COUNTY OF EAGLE, STATE OF COLORADO (“Lot 14”); and LOT 15, BLOCK 1, VAIL VILLAGE, SIXTH FILING, ACCORDING TO THE PLAT RECORDED JUNE 1, 1964 UNDER RECEPTION NO. 99380, COUNTY OF EAGLE, STATE OF COLORADO (“Lot 15”) (Lot 14 and Lot 15 are herein referred to collectively as the "Original Mexamer Property"); WHEREAS, the Town owns the right-of-way for Forest Road located adjacent to the Original Mexamer Property (the "Right-of-Way Parcel"); and WHEREAS, Mexamer intends to construct two residences on the Original Mexamer Property, and to allow for access to those residences, the Parties desire to exchange portions of the Original Mexamer Property and the Right-of-Way Parcel as more particularly described in Exhibit A and Exhibit B, attached hereto and incorporated herein by this reference, under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the above premises, the mutual promises and covenants below, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 1. Exchange Terms. a. The Parties acknowledge that the portions of the Mexamer Property and the Right-of-Way Parcel to be exchanged are of like kind and equal value, so that no compensation shall be paid by either Party to the other for the exchange; provided that Mexamer shall, on or before August 7, 2021, donate $10,000 to the Town to be used for the replacement of trees that will be removed as a result of the exchange. b. Mexamer hereby agrees to grant and convey to the Town, by quitclaim deed, all of Mexamer's rights and interests in and to the portion of Lot 15 legally described in Exhibit A and identified as the “AREA TO BE CONVEYED TO THE TOWN OF VAIL” thereon. c. The Town hereby agrees to grant and convey to Mexamer, by quitclaim deed, all of the Town's rights and interests in and to the two portions of the Right-of-Way Parcel legally described in Exhibit B, attached hereto and incorporated herein by this reference, and identified as “TOWN OF VAIL TO 816 W . FOREST ROAD” and “TOWN OF VAIL TO 826 W. FOREST ROAD” thereon. July 20, 2021 - Page 77 of 88 2 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX d. Mexamer acknowledges that the Town may only dispose of public property following adoption by the Vail Town Council of an ordinance authorizing the disposal. As such, the quitclaim deeds contemplated by this Agreement cannot be executed until after the effective date of such ordinance. If the Town Council fails to adopt such an ordinance on or before August 1, 2021, this Agreement shall terminate without further action of the Parties and shall be of no further force and effect. 2. Covenants of Mexamer. Mexamer hereby represents, covenants, and warrants in favor of the Town as follows: a. Mexamer hereby represents and warrants to the Town that all of the following are true and correct as of the Effective Date: this Agreement has been duly authorized and executed by Mexamer as the legal, valid and binding obligation of Mexamer, and is enforceable as to Mexamer in accordance with its terms; the person executing this Agreement on behalf of Mexamer is duly authorized and empowered to execute and deliver this Agreement on behalf of Mexamer; to the best of Mexamer’s knowledge, there is no pending or threatened litigation, administrative proceeding or other proceeding pending or threatened against Mexamer or the Original Mexamer Property that, if decided or determined adversely, would have a material adverse effect on the ability of Mexamer to undertake its obligations under this Agreement; and neither the execution of this Agreement nor the consummation of the transaction contemplated by this Agreement will constitute a breach under any contract, agreement or obligation to which Mexamer is a party or by which Mexamer is bound or affected. 3. Indemnification. Mexamer agrees to indemnify, defend, and hold the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns harmless from and against any and all claims, liability, damages, losses, expenses and demands, including reasonable 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 this Agreement; provided however, that Mexamer shall not indemnify, defend or hold the Town harmless for the Town's own negligence. 4. Costs. Mexamer shall reimburse the Town for all costs incurred by the Town in connection with this Agreement and the exchange contemplated herein, including without limitation consultant fees and attorney fees. Mexamer shall pay such costs within 7 days after receipt of a written invoice from the Town. 5. Miscellaneous. a. Modification. This Agreement may only be modified by subsequent written agreement of the Parties. b. Integration. This Agreement and any attached exhibits constitute the entire agreement between Mexamer and the Town, superseding all prior oral or written communications. July 20, 2021 - Page 78 of 88 3 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX c. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, successors and assigns. d. Severability. If any provision of this Agreement is determined to be void by a court of competent jurisdiction, such determination shall not affect any other provision hereof, and all of the other provisions shall remain in full force and effect. e. Governing Law and Venue. This 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. f. Assignment. Mexamer shall not assign or transfer any of its rights or obligations under this Agreement without the prior written approval of the Town. g. Third Parties. There are no intended third-party beneficiaries to this Agreement. h. Contingency; No Debt. Pursuant to Article X, § 20 of the Colorado Constitution, any financial obligations of the Town under this Agreement are specifically contingent upon annual appropriation of funds sufficient to perform such obligations. This Agreement shall never constitute a debt or obligation of the Town within any statutory or constitutional provision. i. No Joint Venture. Notwithstanding any provision hereof, the Town shall never be a joint venture in any private entity or activity which participates in this Agreement, and the Town shall never be liable or responsible for any debt or obligation of any participant in this Agreement. j. 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. k. Governmental Immunity. The Town, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and 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 or employees. l. Rights and Remedies. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by either Party shall not constitute a waiver of any of the other terms or obligation of this Agreement. The rights and remedies of the Parties under this Agreement are in addition to any other rights and remedies provided by law. July 20, 2021 - Page 79 of 88 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: _________________________________ Tammy Nagel, Town Clerk MEXAMER FOREST ROAD, LLC a Colorado limited liability company By:_____________________________ STATE OF COLORADO ) Luis Alberto Harvey Mac Kissak ) ss. Manager COUNTY OF _______________ ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this ______ day of __________________, 2021, by Luis Alberto Harvey Mac Kissak as the Manager of Mexamer Forest Road, LLC, a Colorado limited liability company. My commission expires: (S E A L) ________________________________ Notary Public July 20, 2021 - Page 80 of 88 5 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 81 of 88 6 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 82 of 88 7 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 83 of 88 8 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 84 of 88 9 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 85 of 88 10 7/1/2021 C:\PROGRAM FILES (X86)\NEEVIA.COM\DOCCONVERTERPRO\TEMP\NVDC\0F0EA9EA-6AEE-4A1C-9A31- C2B54439C83D\VAIL GOV.16742.1.816_W_FOREST_RD_EXCHANGE-A070121.DOCX July 20, 2021 - Page 86 of 88 July 20, 2021 - Page 87 of 88 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C : Adjournment 7:30 pm (estimate) July 20, 2021 - Page 88 of 88