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HomeMy WebLinkAbout2021-09-21 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 TIN G Evening Agenda Town Council C hambers and Virtual on Zoom 6:00 P M, September 21, 2021 Meeting to be held in C ouncil Chambers and Virtually on Zoom (access H igh Five Access Media livestream day of the meeting) Notes: Times of items are approximate, subject to c hange, and cannot be relied upon to determine what time C ounc il will consider an item. Public comment will be taken on each agenda item. Citizen participation offers an opportunity for citizens to express opinions or ask questions regarding town services, policies or other matters of community conc ern, and any items that are not on the agenda. Please attempt to keep c omments to three minutes; time limits established are to provide efficienc y in the c onduct of the meeting and to allow equal opportunity for everyone wishing to speak. 1.eB Ikes for Essentials Program Kickoff (5 min.) 1.1.eB I kes for Essentials Program Kickoff 5 min. Presenter(s): Dave Chapin, Mayor Background: Town of Vail has partnered with QuietKat to provide seven electric bikes to income-qualified, essentials workers who are Town of Vail residents as an alternative mode of transportation to reduce greenhouse gas emissions from vehicle miles traveled and ease commuting challenges and parking impacts. The program participants will track usage of the eBikes and reduction of greenhouse gas emissions through the CanBikeCo app developed by National Renewable Energy Laboratory and Colorado Energy Office. The seven selected participants will receive their eBikes and associated safety gear during this brief congratulatory ceremony and program kickoff. 2.Citizen Participation (10 min.) 3.Recognition and Swearing in Ceremony 3.1.Recognition of Police Chief Dwight Henninger as the President of the I nternational Association of Chiefs of Police 5 min. Presenter(s): Dave Chapin, Mayor 3.2.Swearing in of Police Chief Dwight Henninger as a Special Deputy US Marshal 5 min. Presenter(s): U.S. Marshal David Weaver, Colorado District Office and Chief Katrina Crouse 4.Proclamations September 21, 2021 - Page 1 of 83 4.1.Proclamation No. 7 Series of 2021 Library Card Sign-up Month 2021 5 min. Presenter(s): Dave Chapin, Mayor Action Requested of Council: Approve Proclamation No. 7, Series 2021 5.Consent Agenda (5 min.) 5.1.Resolution No. 44, Series 2021, a Resolution Approving a Lease Agreement between the Town of Vail and the Children's Garden of Learning Action Requested of Council: Approve, approve with amendments or deny Resolution No. 44, Series 2021. Background: The Town desires to lease to the Children’s Garden of Learning for the purpose of operating a child education center. Staff Recommendation: Approve, approve with amendments or deny Resolution No. 44, Series 2021. 6.Town Manager Report (10 min.) 7.Presentations / Discussion 7.1.Review Housing I nitiatives and related Program Focus Areas and Project Priorities 20 min. Presenter(s): Scott Robson, Town Manager, George Ruther, Housing Director, Matt Gennett, Community Development Director Action Requested of Council: I nput about town's housing initiatives related to priorities. Background: The purpose of discussion is to highlight the town's housing initiatives and the current areas of focus and priorities particularly as they relate to potential housing projects, housing policies and administration of the I nDeed program. 8.Action Items 8.1.Gondola Haus - A request for Permission to Proceed through the development review process for the expansion of an existing 2nd story deck onto Town property 20 min. Presenter(s): J onathan Spence, Planning Manager Action Requested of Council: The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of an expanded 2nd story dining deck. This utilization of Town of Vail property, if approved by all relevant review boards, commissions, and agencies, would be subject to the terms of a license agreement and could be discontinued if required to do so. Background: The Gondola Haus (formerly the Vista Bahn Building), located at 298 Hanson Ranch Road, was constructed in 1997 in the vicinity of Seibert Circle at the southern terminus of Bridge Street. This mixed use building contains both residential and commercial uses including the Almresi Restaurant, located on the second floor. The restaurant has an existing deck that currently encroaches into the Hanson Ranch ROW . The proposal is to enlarge the existing dining deck which will also increase the quantity but not the degree of encroachment into town property. 8.2.Parking and Transportation Task Force Recommended W inter 2021-2022 Parking Program 30 min September 21, 2021 - Page 2 of 83 Presenter(s): Greg Hall Director of Public Works and Transportation Action Requested of Council: Approve or approve with modifications the W inter 2021-2022 Parking Program as recommended by the Parking and Transportation Task Force Background: The Parking & Transportation Task Force met in person on September 13, 2021, to review statistics from the winter 2020 - 2021 season as well as make recommendations for W inter 2021 – 2022 Parking Program. The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. I n reinstating the Task Force, the role of the 12-member group is to provide advisory input and recommendations on parking, transit and traffic operations. Staff Recommendation: Approve the Parking and Transportation Task Force recommendations for the W inter 2021-2022 Parking Program. 9.Public Hearings 9.1.Second reading of Ordinance No. 18, Series 2021, an ordinance concerning the Residences at Main Vail and in connection therewith authorizing the project, the leasing of certain town property, and the execution and delivery of a site lease, a lease purchase agreement and other documents. 5 min. Presenter(s): Kathleen Halloran, Finance Director Action Requested of Council: Approve, approve with amendments or deny Ordinance No. 18, Series 2021 Background: Please see attached memo Staff Recommendation: Approve, approve with amendments or deny Ordinance No. 18, Series 2021 9.2.Ordinance No. 19, Series of 2021, Second Reading, an Ordinance Amending Title 7 of the Vail Town Code to Permit the Town to Designate Dismount Zones 5 min. Presenter(s): Ryan Kenney, Vail Police Commander Action Requested of Council: Approve, approve with amendments or deny Ordinance 19, Series 2021. Background: Town Council directed staff to look for solutions to the pedestrian/biker interactions occurring in the Village and Lionshead. Staff research has shown dismount zones may ease the congestion in certain areas and improve safety. Ordinance No.19, Series 2021 will give authority to establish bicycle dismount zones and enforce violations. Staff Recommendation: Approve, approve with amendments or deny Ordinance 19, Series 2021. 10.Adjournment 10.1.Adjournment 8:00 pm (estimate) Meeting agendas and materials can be acc es s ed prior to meeting day on the Town of Vail webs ite www.vailgov.com. All town c ouncil meetings will be streamed live by High F ive Ac cess Media and available for public viewing as the meeting is happening. T he meeting videos are als o posted to High F ive Ac cess Media September 21, 2021 - Page 3 of 83 website the week following meeting day, www.highfivemedia.org. P leas e c all 970-479-2136 for additional information. S ign language interpretation is available upon reques t with 48 hour notification dial 711. September 21, 2021 - Page 4 of 83 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: eB I kes for E ssentials Program K ickoff P RE S E NT E R(S ): Dave Chapin, Mayor B AC K G RO UND: Town of Vail has partnered with QuietKat to provide seven electric bikes to income-qualified, essentials workers who are Town of Vail residents as an alternative mode of transportation to reduce greenhouse gas emissions from vehicle miles traveled and ease commuting challenges and parking impacts. The program participants will track usage of the eBikes and reduction of greenhouse gas emissions through the CanB ikeCo app developed by National Renewable E nergy L aboratory and Colorado E nergy Office. T he seven selected participants will receive their eB ikes and associated safety gear during this brief congratulatory ceremony and program kickoff. September 21, 2021 - Page 5 of 83 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: Recognition of P olice Chief Dwight Henninger as the President of the I nternational Association of Chiefs of Police P RE S E NT E R(S ): Dave Chapin, Mayor September 21, 2021 - Page 6 of 83 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: Swearing in of P olice Chief Dwight Henninger as a Special Deputy US Marshal P RE S E NT E R(S ): U.S. Marshal David Weaver, Colorado District Office and Chief K atrina Crouse September 21, 2021 - Page 7 of 83 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: Proclamation No. 7 S eries of 2021 L ibrary Card S ign-up Month 2021 P RE S E NT E R(S ): Dave Chapin, Mayor AC T IO N RE Q UE S T E D O F C O UNC I L: Approve Proclamation No. 7, Series 2021 AT TAC H ME N TS: Description Proclamation No. 7, Series 2021 September 21, 2021 - Page 8 of 83 PROCLAMATION NO. 07, SERIES OF 2021 Library Card Sign-up Month 2021 WHEREAS, libraries and librarians play a crucial role in the education and development of children and; WHEREAS, libraries offer a variety of programs to stimulate an interest in reading and learning and; WHEREAS, library resources serve students of all ages, from early literacy to STEAM programs to research databases and; WHEREAS, signing up for a library card is the first step on the path towards academic achievement and lifelong learning and; WHEREAS, a library card gives students the tools that foster success in the classroom and beyond and; WHEREAS, librarians create welcoming and inclusive spaces for students of all backgrounds to learn together and engage with one another and; WHEREAS, a library card empowers all people to pursue their dreams and explore new passions and interests and; Whereas, libraries are constantly transforming and expanding services to meet the evolving needs of their communities; NOW THEREFORE, the Mayor and Vail Town Council do hereby proclaim our support and proclaim September National Library Card Sign-up Month in Vail, CO. Dated this 21st day of September 2021. Vail Town Council Attest: ___________________________ Dave Chapin, Mayor Tammy Nagel, Town Clerk September 21, 2021 - Page 9 of 83 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Resolution No. 44, S eries 2021, a Resolution Approving a L ease A greement between the Town of Vail and the Children's Garden of L earning AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Resolution No. 44, Series 2021. B AC K G RO UND: The Town desires to lease to the Children’s Garden of L earning for the purpose of operating a child education center. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Resolution No. 44, S eries 2021. AT TAC H ME N TS: Description Resolution 44, Series 2021 C G L Lease September 21, 2021 - Page 10 of 83 RESOLUTION NO. 44 Series of 2021 A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE TOWN OF VAIL AND THE CHILDREN’S GARDEN OF LEARNING WHEREAS, the Town desires to lease to the Children’s Garden of Learning, for the purpose of operating a child education center, the property described in the attached Exhibit A, in substantially the same form as set forth in Exhibit A (the “Lease”), which is attached hereto and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Lease 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 Lease 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 21st day of September 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk September 21, 2021 - Page 11 of 83 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX LEASE AGREEMENT This LEASE AGREEMENT (the "Agreement") is made and entered into this ____ day of _______________, 2021 (the "Effective Date") between the Town of Vail, a Colorado home rule municipal corporation with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and Children's Garden of Learning, a Colorado non-profit corporation with an address of 330 South Frontage Road, Vail CO 81657 ("Lessee") (each a "Party" and collectively the "Parties"). WHEREAS, the Town desires to lease to Lessee the property described in the attached Exhibit A (the "Premises") for use as a Child Education Center ("CEC"). NOW THEREFORE, in consideration of the covenants, premises and agreements herein contained, the Parties agree as follows: ARTICLE 1 – PREMISES A. Lease. In consideration of the rent, covenants and agreements herein contained, the Town leases to Lessee, and Lessee rents from the Town, the Premises. B. Parking. The Premises includes 11 parking spaces (10 standard spaces and 1 space for persons with disabilities). In addition, the Town shall provide 17 parking passes for Lessee's employees to park in the Lionshead Parking Structure during CEC operating hours only. C. Suitability. As of the Effective Date, Lessee has inspected the physical condition of the Premises and receives the Premises in "as is" condition. The Town makes no representations or warranties with respect to the condition of the Premises or its fitness or availability for any particular use, and the Town shall not be liable to Lessee for any latent or patent defect on the Premises. ARTICLE 2 – TERM AND TERMINATION A. Term. This Agreement shall commence on October 1, 2021 and terminate on September 30, 2026, unless terminated as provided herein. B. Termination by Town. Notwithstanding any other provision of this Agreement, if the Town determines, in its sole discretion, that the Premises is needed for a public purpose, the Town may terminate this Agreement, with or without cause, by providing Lessee with a minimum of 180 days' prior written notice. C. Surrender. Upon the expiration or termination of this Agreement, Lessee shall peaceably and quietly leave and surrender the Premises in the same condition as it exists on the date of the execution of this Agreement, subject to reasonable wear and tear. D. Holdover. If Lessee remains or continues to be in possession of the Premises or any part thereof after the end of the term of this Agreement, at the Town’s September 21, 2021 - Page 12 of 83 2 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX option, Lessee shall be deemed to be illegally retaining possession or shall be deemed to be a month-to-month tenant of the Premises on all the terms and conditions of this Agreement except that monthly rent equal to the fair market value shall be charged. In the event of any unauthorized holding over, Lessee shall indemnify the Town against all claims for damages by any person to whom the Town may have leased all or any part of the Premises effective after the termination of the lease. Nothing herein contained shall be construed to limit the Town’s right to obtain possession of the Premises upon termination of this lease by unlawful detainer proceedings or otherwise in the event that the Town does not exercise its option to treat the continued possession by Lessee as a month-to-month tenancy. ARTICLE 3 – RENT A. Rent. Lessee shall pay as rent to the Town the sum of $10 per year. The full annual rent shall be due on October 31st of each year. B. Increase. The Town may increase the rent each year of the term, provided that prior to increasing the rent, Lessee shall have the opportunity to be heard by the Town Council, and the Town Council shall consider the following: 1. Whether Lessee remains a non-profit corporation for tax purposes; 2. Whether Lessee operates its childcare facility for the accommodation of the public and the citizens of the Town; 3. Whether tuition, expenses, the cost of doing business and salaries are reasonable under the circumstances; and 4. Whether Lessee has shown an ability to pay increased rent. C. Records. Lessee shall provide the Town, within 30 days of a request, an income statement, balance sheet and other reasonable financial information. ARTICLE 4 – USE AND MAINTENANCE A. General Use. Lessee agrees and covenants that the use of the Premises shall comply with the following: 1. Lessee shall operate the CEC in the Premises in accordance with all applicable law, including without limitation the rules and regulations of the Department of Social Services of the State of Colorado. Lessee shall not operate any other business on the Premises. 2. The Premises shall not be used for any illegal or improper purpose or other use that would create a nuisance. 3. Lessee shall adopt and enforce standards for admission to the CEC, including the following admission priorities: September 21, 2021 - Page 13 of 83 3 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX a. Students of parents who are employed by the Town; b. Students of parents who reside within the Town; c. Students of parents who are employed in the Town; d. Siblings of current or former students; e. Students of parents who are CEC faculty; f. Students of parents employed in Eagle County; and g. Students of parents who are residents of Eagle County. 4. Lessee shall, upon request, provide to the Town a current waiting list and an enrollment list within 30 days of the request. 5. Students shall be at least 22 months old and no older than 6 years of age (exceptions may be made for children with disabilities). 6. Hours shall be from 7:30 a.m. to 5:30 p.m. (except weekends, announced school closures and holidays). 7. Lessee shall fully staff the CEC to accommodate at least 55 students per day, based upon demand and State of Colorado licensure limitations. B. Town Council Liaison. The Town Council may designate one of its members to serve on the Children's Garden Board of Directors as a liaison between Lessee and the Town. C. Maintenance. Lessee agrees that at all times during the term of this Agreement, Lessee, at its own cost and expense, shall: 1. Interior Maintenance. a. Ensure all lights and doors are operating properly and repair the same in a prompt manner, including replacing all light bulbs. b. Replace batteries in all smoke, fire and CO detectors, as needed, but at a minimum on a yearly basis. c. Paint or stain the interior elements of the building as needed. d. On a semi-annual basis, at a minimum, ensure that any scratches or dents in the paint or walls are properly repaired. September 21, 2021 - Page 14 of 83 4 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX e. Repair and maintain floors and shampoo any carpets as needed and at a minimum on an annual basis and repairing and cleaning any marks in a prompt manner. f. Ensure all bathroom facilities are operating properly and repair the same in a prompt manner. g. Provide janitorial service for regular and consistent cleaning of the facilities. h. Ensure proper and regular trash disposal within the facility and trash removal from the facility. i. Repair and replace all furniture, fixtures and equipment. j. Window washing, as needed. 2. Exterior Maintenance. a. Clean exterior surfaces as needed, but at a minimum on a annual basis. b. Paint or stain the exterior of buildings as needed. c. On a semi-annual basis, at a minimum, ensure that any scratches or dents in the walls are properly repaired. d. Perform litter patrol on a daily basis. e. Use best management practices to ensure that all exterior maintenance activities have a minimal impact on the Gore Creek ecosystem. f. Maintain the enclosed play area and associated structures. g. Window washing, as needed. h. Maintain and repair playarking area fencing. i. Maintain landscaping. D. Inspection. Lessee shall permit the Town and its agents to enter the Premises at reasonable times and upon reasonable notice, for the purpose of inspecting the Premises on an annual basis. September 21, 2021 - Page 15 of 83 5 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX E. Town Use of Premises. Lessee agrees that upon request of the Town, the Premises may be used for public or governmental functions that would not interfere with the CEC on such days and during such hours as the facility is not being used for childcare purposes. If the Town desires to use the Premises, the Parties will execute a supplemental agreement specifying the times, uses and responsibilities of the Parties. F. Failure to Maintain or Pay Charges. Should Lessee fail to pay any required charges or to maintain the Premises for a period of 30 days after receipt of written notice from the Town, the Town may, at its option, pay any such charges or perform any such maintenance. In such event, Lessee shall reimburse the Town within 10 days of an invoice from the Town. G. Snow Removal. The Town will perform snow removal from the parking area and sidewalks. H. Utilities. Lessee shall pay all utility charges other than telephone and internet, including without limitation water, sewer, electricity trash and natural gas. ARTICLE 5 – TAXES Lessee shall be responsible for paying any taxes associated with its use of the Premises. ARTICLE 6 – IMPROVEMENTS A. Additional Improvements. Lessee shall not, without first obtaining the written consent of Town, make any alterations, additions, or improvements, in, to or about the Premises. B. Liens. Lessee shall not suffer or permit any mechanic's liens or claims to be filed against the Premises by reason of work, labor, service or materials supplied or claimed to have been supplied to Lessee. Nothing in this Agreement shall be construed as constituting the consent of the Town, expressed or implied, to any contractor, subcontractor, laborer or material supplier for the performance of any labor or the furnishing of any materials for any improvement or repair of or to the Premises. Nothing in this Agreement shall be construed as giving Lessee any right to contract for or permit the rendering of any services or the furnishing of any materials that would give rise to the filing of any mechanic's lien or claim against the Town's interest in the Premises. If any mechanic's lien or claim is filed against the Premises, Lessee shall cause the same to be discharged within 30 days. ARTICLE 7 – INDEMNIFICATION Lessee agrees to indemnify and hold harmless the Town and its officers, insurers, volunteers, representative, agents, employees, heirs and assigns from and against all claims, liability, damages, losses, expenses and demands, including attorney fees, on account of injury, loss, or damage, including without limitation claims arising from bodily September 21, 2021 - Page 16 of 83 6 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX 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 or the Premises. This indemnification shall survive the expiration or termination of this Agreement. ARTICLE 8 – INSURANCE A. Coverages. Throughout the term of this Agreement (and after its expiration or termination as appropriate), Lessee shall procure and maintain, at its sole cost and expense, all of the following insurance: 1. Workers' Compensation insurance as required by law. 2. Commercial General Liability insurance with minimum combined single limits of $1,000,000 each occurrence and $2,000,000 general aggregate. The policy shall be applicable to all premises and operations, and shall include coverage for bodily injury, broad form property damage, personal injury (including coverage for contractual and employee acts), blanket contractual, products, and completed operations. The policy shall contain a severability of interests provision, and shall include the Town and the Town's officers, employees, and contractors as additional insureds. No additional insured endorsement shall contain any exclusion for bodily injury or property damage arising from completed operations. B. Form. The coverages afforded under the policies shall not be cancelled, terminated or materially changed without at least 30 days' prior written notice to the Town. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. Any insurance carried by the Town, its officers, its employees, or its contractors shall be excess and not contributory insurance to that provided by Lessee. Lessee shall be solely responsible for any deductible losses under any policy. C. Certificate. Lessee shall provide to the Town a certificate of insurance as evidence that the required policies are in full force and effect. The certificate shall identify this Agreement. ARTICLE 9 – DEFAULT A. Event of Default. The failure by Lessee to comply with any provision of this Agreement shall constitute a default of this Agreement. B. Remedies. Upon a default, the Town may re-enter and take possession of the Premises (after appropriate court proceedings), without terminating this Agreement, and sublease the Premises, holding Lessee liable for the difference in the rent. In addition, the Town may take any action at law or in equity to enforce performance of any obligation of Lessee under this Agreement. The Town's remedies shall be cumulative, and the exercise of one remedy shall not prevent the exercise of any other available remedy. September 21, 2021 - Page 17 of 83 7 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX C. Attorney Fees and Costs. If the Town brings suit to enforce any provision of this Agreement or for recovery of the Premises, the Town shall be entitled to all costs incurred in connection with such action, including reasonable attorney fees. ARTICLE 10 – SIGNS Lessee shall not install, place, inscribe, paint or otherwise attach and shall not permit any fixture sign, advertisement, notice, marquis or awning on any part of the outside of the CEC (including any portion of the CEC fronting on any interior corridor or lobby); or on any part of the inside of the CEC which is visible from outside the CEC; or on any part of the building (including the outside walls and the roof) without the prior written consent of the Town in each instance. Any permitted signs shall comply with the requirements of the Town and the Middle Creek Village sign clause, and Lessee shall be solely responsible for such compliance. Lessee shall, at its own expense, provide and maintain in first-class condition all permitted signs and shall, on the expiration or termination of this Agreement and at its own expense, remove all such permitted signs and repair any damage caused by such removal. The Town shall have the right to remove all non-permitted signs without notice to Lessee and at the expense of Lessee. ARTICLE 11 – CASUALTY If the Premises is damaged by fire or any other cause and the Town elects to repair the damage this Agreement shall continue in full force and effect and, if such damage shall render all or part of the Premises untenable, the minimum rent due hereunder shall be proportionally abated (based on the proportion of the Premises rendered untenable) from the date of such damage until such time as the Premises have been made tenable. However, there shall be no abatement of rent if the fire or other cause of the damage is caused by the negligence or misconduct of Lessee, its agents, servants or employees, or by any other person’s entering upon the Premises or the building by the expressed or implied invitation of Lessee. If the Town elects not to repair such damage, then this Agreement shall automatically terminate upon and effective as of the giving of notice by the Town of such election. Lessee shall pay rent duly apportioned as of the date of such termination of this Agreement, and the Town and Lessee shall be free and discharged from the obligations arising hereunder after the date of such termination. ARTICLE 12 – MISCELLANEOUS A. Modification. No provision of this Agreement may be amended, modified, revoked, supplemented, waived or otherwise changed except by written instrument duly executed by the Parties. B. Entire Agreement. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. C. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement September 21, 2021 - Page 18 of 83 8 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX shall not be affected thereby, and each provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. D. Third-Party Beneficiaries. This Agreement is solely for the benefit of the Parties and no other person or entity shall be a third-party beneficiary thereof. E. Governing Law and Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado, and any legal action arising out of this Agreement shall be brought in Eagle County, Colorado. F. Notice. Any notice under this Agreement shall be in writing and shall be deemed sufficient when directly presented or sent prepaid, first-class United States Mail to the Party at the address set forth on the first page of this Agreement. G. Successors. This Agreement shall inure to the benefit of and be binding upon the Town and Lessee and their respective heirs, successors, representatives, administrators, executors and devisees; provided that Lessee shall not assign this Agreement or sublet the Premises or any part thereof. Any attempted assignment or subletting shall be deemed void and of no effect. H. Assignment and Subletting. Lessee shall not assign this Agreement or sublet any portion of the Premises without the prior written consent of the Town. Any such assignment or subletting without the Town's consent shall be void. I. No Waiver. A failure of a Party to enforce any term of this Agreement shall not be deemed to be a waiver of any other term of this Agreement. J. Subordination. This Agreement is and shall be subordinated to all existing and future liens and encumbrances against the Premises. K. 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. L. Governmental Immunity. Nothing herein shall be construed as a waiver of any protections or immunities the Town may have under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended. M. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. September 21, 2021 - Page 19 of 83 9 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX IN WITNESS WHEREOF, the Parties have executed this Agreement on the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: ______________________________ Tammy Nagel, Town Clerk CHILDREN'S GARDEN OF LEARNING ________________________________ STATE OF COLORADO ) )ss. COUNTY OF ________________) Subscribed and sworn to before me this ____ day of ______________, 2021, by _________________ as ________________________ of Children's Garden of Learning. My Commission expires: _________________________________ Notary Public September 21, 2021 - Page 20 of 83 10 9/17/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\CHILDREN'S GARDEN LEASE-A090921.DOCX EXHIBIT A Description of Premises September 21, 2021 - Page 21 of 83 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: Review Housing I nitiatives and related Program Focus A reas and P roject P riorities P RE S E NT E R(S ): S cott Robson, Town Manager, George Ruther, Housing Director, Matt Gennett, Community Development Director AC T IO N RE Q UE S T E D O F C O UNC I L: I nput about town's housing initiatives related to priorities. B AC K G RO UND: The purpose of discussion is to highlight the town's housing initiatives and the current areas of focus and priorities particularly as they relate to potential housing projects, housing policies and administration of the I nDeed program. AT TAC H ME N TS: Description Memo Housing Initiatives 092121 Map 092121 Proposed Housing 092121 September 21, 2021 - Page 22 of 83 To: Vail Town Council From: Scott Robson, Town Manager George Ruther, Housing Department Director Matt Gennett, Community Development Director Date: September 21, 2021 Subject: Review Housing Initiatives and related Program Focus Areas and Project Priorities I. SUMMARY The purpose of this memorandum is to highlight for Town Council and the public the current housing initiatives and related areas of focus and priorities particularly as they relate to potential housing projects, housing policies and administration of the InDeed program. II. BACKGROUND On August 17th Town Council unanimously referred initiative 2A to the November 2021 ballot asking voters to consider a .05 cent sales tax increase in an effort create the Town’s first dedicated funding source for Vail’s housing programs. If passed by voters this fall, the increase to Vail’s sales tax rate would be the first since 1974 and would bring the rate from 4.0% to 4.5%. Given the prospect of $3.5-$4.5M in annual funding for Housing initiatives in the future, staff wishes to highlight for Town Council and the public the current areas of focus and priorities particularly as they relate to potential housing projects, housing policies and administration of the InDeed program. Although the adopted Vail 2027 Housing Plan continues to serve as a key document to help guide policy direction and set overarching goals for Vail’s housing initiatives, its purpose has never been to serve as a planning document that identifies specific future housing project locations, or the estimated costs associated with each project. However, an update to the 2027 Housing Plan that includes this next tier of detail and analyses is anticipated in 2022 and the Plan’s update and direction will be influenced by the outcome of the Vail community’s vote on ballot initiative 2A. It is critical that updates to the 2027 Housing Plan along with future anticipated updates to the Vail Comprehensive Land Use Plan include robust input from the community, Town Council, VLHA, PEC and other community partners and employers. Although updates to the Housing Plan and Comprehensive Land Use Plan will take time throughout FY 2022 to complete, town staff continue to focus on a significant list of housing- related projects and opportunities that have been prioritized within the Housing Department and Community Development Department, along with the Town Manager’s Office. These opportunities and partnerships naturally ebb and flow but have been refined over the past 12- months based on input received from Town Council, the public, the Planning and Environmental Commission, VLHA and regional partners. Based on the scope and potential cost of these various priority initiatives along with the current staffing capacity in multiple departments, it is September 21, 2021 - Page 23 of 83 Town of Vail Page 2 anticipated that a minimum of 5-years will be necessary to make substantial progress on following list of priority projects which fall under several different focus areas tying back to the 2027 Vail Housing Plan. Those focus areas include: 1. Continued investment in and administration of the InDeed Program 2. Continued acquisition of a limited number of single-family homes/condos such as 5237 Black Gore Drive that may be deed-restricted and utilized for community housing. 3. Town Owned Land a. Execution of the approved 72-unit, 100% deed restricted Residence at Main Vail b. Redevelopment of the Timber Ridge Apartments c. Redevelopment of the Public Works Shops/Buzzard Park Apartments 4. Potential investment in land acquisition and/or deed restrictions at upcoming housing developments in the Towns of Avon and Minturn, in collaboration with each municipal government and partner agencies such as Eagle County School District and the State Land Board. 5. Acquisition of remnant parcels of CDOT land in East Vail and Eagle/Vail that have limited environmental sensitivity. 6. Potential public/private partnerships with landowners such as Vail Resorts on a future EverVail development, collaboration with the Grand Hyatt at the former Cascade tennis court site and other public/private partnerships that may present themselves. 7. Potential public/private partnerships to develop deed restricted housing in the Civic Area Planning Area near Lionshead Parking/Dobson Arena, and zones within the West Vail Master Plan area designated for housing. Once implemented, this priority list of projects and investments (attached matrix along with location map) will make further significant and meaningful progress toward meeting the adopted goals of the current 2027 Vail Housing Plan. Doing so will in turn have significant positive impacts on the creation of necessary deed-restricted housing which is critical to maintaining a vibrant community for locals and guests, while ensuring the Vail can attract and retain the critical workforce necessary to maintain the community’s overall economic health. The Town’s current housing-related budget is clearly not adequate to fully implement even this short list of priority projects. However, the passage of Ballot Initiative 2A in November would provide a significant boost to supporting an adequate housing initiative budget, as to a lesser degree would the increase to fees associated with short term rentals in Vail. Multiple funding tools including future financial support from Eagle County, the State of Colorado and Federal programs will be critical moving forward. Staff believes the current 3-5 year housing priority list is pragmatic and reflective of input received from a broad range of community leaders over the past 12-months. The current housing project focus areas include: • A bundle of strategic actions which advance the Town’s housing and environmental stewardship goals • Projects which are both actionable and realistic • Initiatives that achieve multiple adopted town and regional goals and objectives • Demonstrate a need for a dedicated source of funding for housing • Focus almost exclusively on infill and redevelopment opportunities along with continuation of the highly successful InDeed program which is being duplicated across the country. • Utilizes a holistic approach aimed at addressing several goal areas concurrently September 21, 2021 - Page 24 of 83 Town of Vail Page 3 III. Council Input Staff would like Council and public input on the Town’s current priority projects and areas of focus for housing, along with input on the Town’s longer-term plans related to the 2027 Housing Plan and Comprehensive Land Use Plan updates. September 21, 2021 - Page 25 of 83 September 21, 2021 - Page 26 of 83 Parcel Opportunity Legal Description/A ddress Size (acres)Zone District Town - Owned Development Potential Product Type Land Use Designation Proximity to Public Transit Jurisdiction Estimated Cost to TOV Total Potential Cost Timber Ridge 1281 N. Frontage Rd.5 Housing (H)Yes 215-225 Dwelling units (up to 40 plus du/ac) Studio, 1 &2 BD - For Rent High Density Residential 0 miles TOV $15.8M Debt outstanding: $5.1M $70M Residences at Main Vail 145 N. Frontage Rd. 6.9 Housing (H)Yes 50-60 Dwelling units (25-30 du/ac) Studio, 1 &2 BD - For Rent High Density Residential 0 miles TOV $25.0M +Cost of temporarily relocating CGL $25.0M Municipal Site 75 & 111 S. Frontage Rd. W 2.26 General Use (GU)Yes 50-60 Dwelling units 1, 2, 3-BD For Sale & For Rent Public/Semi Public 0 miles TOV Opportunity cost if choose housing prior to completion of Civic Area Plan decisions ~$4.0M depending on P/P deal structure Public Works Site 1329 Elkhorn Dr.17.32 General Use (GU)Yes 80- 100 Dwelling units 1, 2, 3-BD For For Rent Public/Semi Public 0 miles TOV Opportunity cost if choose housing prior to completion of Civic Area Plan decisions ~$4.0M depending on P/P deal structure 5237 Black Gore Drive 5137 Black Gore Drive 0.305 Two-Family Residential Yes Up to 4 dwelling units (?) Not determined Low Density Residential .2 miles TOV ? CDOT Parcel 4313 Spruce Way 1.78 Not Designated No 8-10 dwelling units (?) Not determined Not Designated .1 miles TOV ? Lionshead Parking Structure (CAP) West Vail Master Plan September 21, 2021 - Page 27 of 83 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: Gondola Haus - A request for Permission to Proceed through the development review process for the expansion of an existing 2nd story deck onto Town property P RE S E NT E R(S ): J onathan S pence, Planning Manager AC T IO N RE Q UE S T E D O F C O UNC I L: T he Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of an expanded 2nd story dining deck. This utilization of Town of Vail property, if approved by all relevant review boards, commissions, and agencies, would be subject to the terms of a license agreement and could be discontinued if required to do so. B AC K G RO UND: The Gondola Haus (formerly the Vista B ahn Building), located at 298 Hanson Ranch Road, was constructed in 1997 in the vicinity of Seibert Circle at the southern terminus of B ridge S treet. This mixed use building contains both residential and commercial uses including the A lmresi Restaurant, located on the second floor. T he restaurant has an existing deck that currently encroaches into the Hanson Ranch R O W. The proposal is to enlarge the existing dining deck which will also increase the quantity but not the degree of encroachment into town property. AT TAC H ME N TS: Description Staff memorandum A. Vicinity Map B. Applicant’s Narrative with Encroachment Exhibit C. Draft Plan Set including photos Presentation September 21, 2021 - Page 28 of 83 TO: Vail Town Council FROM: Community Development Department DATE: September 21, 2021 SUBJECT: Proposed 2nd Story Deck in the Vicinity of 298 Hanson Ranch Road (Gondola Haus), Permission to Proceed I. DESCRIPTION OF REQUEST Dominic Mauriello with MPG Planning Group, representing Vista Bahn Building LLC, request permission to proceed through the Design Review process for the enlargement of a second-story deck that will increase the existing encroachment into the Hanson Ranch Road ROW. The applicant requests permission to proceed through the development review process and, if approved, enter into a license agreement with the Town of Vail for the improvement. It should be noted that the Vail Town Council is not being asked to approve the improvements, their location or design, but rather to authorize the applicant to move forward with a planning application that utilizes town-owned property for commercial uses. II. BACKGROUND/PROPOSAL The Gondola Haus (formerly the Vista Bahn Building), located at 298 Hanson Ranch Road, was constructed in 1997 in the vicinity of Seibert Circle at the southern terminus of Bridge Street. This mixed use building contains both residential and commercial uses including the Almresi Restaurant, located on the second floor. The restaurant has an existing deck that currently encroaches into the Hanson Ranch ROW. The proposal is to enlarge the existing dining deck which will also increase the quantity but not the degree of encroachment into town property. Please refer to the Vicinity Map (Attachment A), applicant’s narrative including encroachment exhibit (Attachment B) and a draft plan set including photos (Attachment C). If permission to proceed through the process is granted, the project will require further review by staff, the Planning and Environmental Commission and the Design Review September 21, 2021 - Page 29 of 83 Town of Vail Page 2 Board. This review will include, but not be limited to, building code, fire code and conformance with the Vail Town Code. III. ACTION REQUESTED The Community Development Department requests that the Town Council evaluate the proposal to utilize Town of Vail property for the purpose of an expanded 2nd story dining deck. This utilization of Town of Vail property, if approved by all relevant review boards, commissions, and agencies, would be subject to the terms of a license agreement and could be discontinued if required to do so. IV. ATTACHMENTS A. Vicinity Map B. Applicant’s Narrative with Encroachment Exhibit C. Draft Plan Set including photos September 21, 2021 - Page 30 of 83 VAIL LNHANS O N R A NCHRD B R I D G E S TWALL STI Subject Property 0 50 10025Feet G o n d o l a H a u sGondola H a u s P e r m i s s i o n t o P r o c e e dPermission t o P r o c e e d298 H a n s o n R a n c h R o a d / L o t C , B l o c k 2 , V a i l V i l l a g e F i l i n g 1298 H a n s o n R a n c h R o a d / L o t C , B l o c k 2 , V a i l V i l l a g e F i l i n g 1 This map was crea te d b y th e Town of Va il Community Deve lo pmen t Depa rtment. Use o f th is ma p sho uld b e fo r gen era l pu rp oses o nly.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: September 15, 2021September 21, 2021 - Page 31 of 83 Submitted to the Town of Vail: September 10, 2021 PERMISSION TO PROCEED THROUGH THE PROCESS F OR P ORT ION OF DECK ON T OWN P ROP ERT Y September 21, 2021 - Page 32 of 83 Vail Town Council ℅ Jonathan Spence 75 S. Frontage Road Vail, CO 81631 RE: Permission to proceed through the process to expand an existing deck at the Gondola Haus To Vail Town Council: Thank you for the opportunity to request the use of air space above the Town of Vail right-of-way to allow for the expansion of the existing second floor deck at the Gondola Haus, located at 298 Hanson Ranch Road. As you may know, the second level of the Gondola Haus is occupied by the restaurant Almresi. To build upon the success of the restaurant, the applicant is looking to expand the outdoor dining deck to accommodate approximate 34 seats. A portion of the existing second floor deck is located over Town property which was originally approved with the redevelopment of the building in the 1990s. The addition to the deck would provide an additional small area of approximately 72 sq. ft. over Town property. The proposal will otherwise comply with all development standards of the Town Code and the expansion will not interfere with pedestrian or vehicular traffic on Hanson Ranch Road. The increased deck area will add to the vibrance and economic stability of the Town while also aiding in the success of an established local business. Approval to to proceed through the review process does not negate the Town Council’s ability to call-up the proposal if approved by the DRB. The applicant is therefore requesting permission to proceed through the Town’s review process to allow for this airspace encroachment. The process includes an amendment to the 1 September 21, 2021 - Page 33 of 83 existing conditional use permit and a Design Review Board application for the review of the design of the entire deck addition. The goal of expanding the deck is to provide additional outdoor seating. The existing deck has had limited success due to its small size and functionality. The owners of Almresi believe this will further their success. Thank you for your time and consideration on this matter. Sincerely, Dominic Mauriello, AICP Mauriello Planning Group 2 September 21, 2021 - Page 34 of 83 3 Area of existing encroachment into the Hanson Ranch Road right-of-way Total area of proposed encroachment into the Hanson Ranch Road right-of-way September 21, 2021 - Page 35 of 83 PLOTTED BY: Kim Jensen ON: Friday, August 13, 2021 AT: 11:42 AM FILEPATH: P:\1300-1399\1314.2\Drawings\1314.2-Topo.dwg September 21, 2021 - Page 36 of 83 PLOTTED BY: Kim Jensen ON: Friday, August 13, 2021 AT: 11:42 AM FILEPATH: P:\1300-1399\1314.2\Drawings\1314.2-Topo.dwg September 21, 2021 - Page 37 of 83 September 21, 2021 - Page 38 of 83 September 21, 2021 - Page 39 of 83 September 21, 2021 - Page 40 of 83 02PROPOSED VIEW FROM MILL CREEK BRIDGESCALE: 1/4" = 1'-0"01EXISTING VIEW FROM MILL CREEK BRIDGESCALE: 1/4" = 1'-0"NEW RAILING TO MATCH EXISTING RAILINGSSTUCCO SOFFIT W/FIN. TO MATCHEXISTING SOFFITS & RECESSED LIGHTINGNEW COLUMN W/STONE CLADDINGTO MATCH ADJ. EXISTING COLUMNSGONDOLA HAUS298 HANSON RANCH RD.VAIL, CO 81657NO:DATE:REMARKS:REVISIONS:CLIENT:SEAL & SIGNATURE:DATE:PROJECT:DWG BY:CHK BY:DWG NO:DRAWING TITLE:PROJECT:OFCONSULTANTS:SCALE:02808/24/2021info@movematter.com www.movematter.com1115 CHAMBERS AVE. C101EAGLE CO 81631©This drawing, and all graphic and written materialcontained herein, constitutes the original andunpublished work of Move Matter / Architects, LLC andmay not be copied, distributed, or used in whole or inpart, without expressed, written permission.REMONOV + CO.56 EDWARDS VILLAGE BLVD.EDWARDS, CO 81632A-200.00NORTH CORNERVIEWSSeptember 21, 2021 - Page 41 of 83 Permission to Proceed Through the Town’s Review Process to Allow for a Portion of a Deck on Town Property Town Council on September 21, 2021 September 21, 2021 - Page 42 of 83 Location •Gondola Haus at 298 Hanson Ranch Road •Almresi Restaurant September 21, 2021 - Page 43 of 83 Description of the Request •2nd level of the Gondola Haus - Almresi •Applicant is proposing to expand the outdoor dining deck to accommodate approximately 34 seats •Existing deck accommodates 12 seats •Portion of existing second floor deck is located over Town property •Approved in the 1990’s •Additional area of approximately 72 sq. ft. over Town property •Approximately 80 sq. ft. exists today Expansion of Deck September 21, 2021 - Page 44 of 83 Description of the Request •The proposal will otherwise comply with all Town development standards •Will not interfere with pedestrian or vehicular traffic on Hanson Ranch Road •Will add to the vibrance of the Town and aid in the success of a local business •Approval tonight does not negate the Town Council’s ability to call-up the proposal Expansion of Deck September 21, 2021 - Page 45 of 83 Area of existing encroachment into the Hanson Ranch Road right-of-way 80 sq. ft September 21, 2021 - Page 46 of 83 New area of proposed encroachment into the Hanson Ranch Road right-of-way Area of existing encroachment into the Hanson Ranch Road right-of-way 72 sq. ft September 21, 2021 - Page 47 of 83 Total area of proposed encroachment into the Hanson Ranch Road right-of-way 152 sq. ft September 21, 2021 - Page 48 of 83 September 21, 2021 - Page 49 of 83 Plans September 21, 2021 - Page 50 of 83 September 21, 2021 - Page 51 of 83 September 21, 2021 - Page 52 of 83 September 21, 2021 - Page 53 of 83 September 21, 2021 - Page 54 of 83 September 21, 2021 - Page 55 of 83 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Parking and Transportation Task F orce Recommended W inter 2021-2022 P arking Program P RE S E NT E R(S ): Greg Hall Director of Public Works and Transportation AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove or approve with modifications the W inter 2021-2022 Parking P rogram as recommended by the Parking and Transportation Task F orce B AC K G RO UND: The Parking & Transportation Task F orce met in person on September 13, 2021, to review statistics from the winter 2020 - 2021 season as well as make recommendations for W inter 2021 – 2022 Parking P rogram. The Parking & Transportation Task F orce was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. I n reinstating the Task F orce, the role of the 12-member group is to provide advisory input and recommendations on parking, transit and traffic operations. S TAF F RE C O M M E ND AT IO N: Approve the P arking and Transportation Task Force recommendations for the W inter 2021-2022 P arking Program. AT TAC H ME N TS: Description Staff Memo public input September 21, 2021 - Page 56 of 83 1 TO: Vail Town Council FROM: Parking and Transportation Task Force Greg Hall, Director of Public Works and Transportation DATE: September 21, 2021 SUBJECT: Parking and Transportation Task Force Recommended Winter 2021-2022 Parking Program I.PURPOSE The purpose of this item is to: •Provide Town Council the Parking and Transportation Task Force (PATTF) recommendation for Winter 2021-2022 Parking Program •Request Town Council approve the Winter 2021-2022 Parking Program II.BACKGROUND The Parking & Transportation Task Force met in person on September 13, 2021, to review statistics from the winter 2020 - 2021 season as well as make recommendations for Winter 2021 – 2022 Parking Program. The Parking & Transportation Task Force was formed in 1999 in an advisory capacity and has been enacted through the years at the direction of the Vail Town Council. In reinstating the Task Force, the role of the 12-member group is to provide advisory input and recommendations on parking, transit and traffic operations. Representatives are as follows: Representing the retail community - Meg Hanlon and Hugh Paine Representing the restaurant community - Bill Suarez Representing the lodging community - Brian Butts Representing the community-at-large - Kent Johnson, Andrew Lanes and Don Marks Representing Vail Valley Medical Center - Darryl Flores (Cheryl Cannataro Alt.) Representing Vail Resorts – Beth Howard and Jeff Babb Representing the Vail Town Council - Mayor Dave Chapin and Jen Mason The Task Force is chaired by Mayor Chapin and supported by various departments and agencies to assist with technical expertise. September 21, 2021 - Page 57 of 83 2 Recommended Winter 2021 - 2022 Rate and Parking Structure: Existing Proposed 0 to 30 Free Free 30 to 1 Free Free 1 to 1.5 Free Free 1.5 to 2 Free Free 2 to 3 $10 $10 3 to4 $20 $20 4 to 15 $30 $30 15 to 24 $50 $50 Recommended Parking Pass Prices Existing Proposed Gold $3300 $3300 Silver $2000 $2000 Blue $1250 $1250 Red $ 450 (Red Sandstone Structure) Pink $ 200 $ 350 (includes Red Sandstone structure) The adopted goal of the Town of Vail for parking during the winter is to provide a parking program in which all but 15 days of overflow parking occur. This past winter there were 32 days of overflow parking. The previous full winter season 2018-2019, there were 34 days of overflow parking. Same full year period comparison, transactions were down 10%, however daily revenue was up 9.2%. III.TASK FORCE DISCUSSIONS | WINTER 2021-2022 The Parking and Transportation Task Force for the Winter 2021-2022 reviewed: Their Policies and goals and discussed the Adopted Eagle County Climate Action Committee Transportation Greenhouse gas (GHG) reduction goals. Which are 25% by 2025, 50% by 2030 and 80 % by 2050. It was felt the Transportation GHG reduction sustainability goals need to be included into the Parking and Transportation goals moving forward. In addition, new items for 2021-2022 ski season were discussed which included: •Bustang Service Enhancement as well as the Pegasus directional hourly service during peak Friday-Sunday and holiday service •Both Treadshare and Gondola carpool app rideshare are finalized by Legislature and ready to operate •Westbound Peak Period Shoulder lane in Clear Creek county will be operational •Vail Transit will roll out a new smart transit system before ski season. Vail Health’s full parking supply is anticipated for availability beginning November 20, with the completion of the east parking lots to coincide with the opening of ski season and the September 21, 2021 - Page 58 of 83 3 beginning of managed parking. The campus will have a total of 558 parking spaces for visitors and staff this coming season Potential Covid-19 impacts during upcoming ski season were discussed. Continued concerns of a drive market and hesitancy of some of the population to use ridesharing, transit and shuttles puts pressure on the parking supply. At this time transit capacity is not limited and masks are still required. Moving into 2021-2022 the Epic Pass was discounted 20% which may increase the number of users. The demand for getting into the outdoors to partake in activities during covid has shown how popular places like Vail are during the pandemic. Last winter skiing fit well into this pattern. The PATTF discussed the following items. Supply The Red Sandstone Parking Garage will provide 120 additional spaces every day and up to 160 spaces during non-school days. The discussion regarding Red Sandstone Garage was taken up under the Season Parking Pass section. Rates The PATTF reviewed the rates and recommend the rates stay the same for the upcoming season. The Town of Vail is in the process of replacing the parking management system scheduled for installation immediately at the conclusion of the 2021-2022 ski season. Season Parking Passes The PATTF reviewed the parking passes and recommend the passes stay the same, with two exceptions. The Red employee pass was discussed to be removed for this year. Combine the benefits of the Red pass with the Pink pass and increase the Pink pass to $325-$375. Staff has split the difference and is recommending $350 this year. There were multiple reasons for this change. Even though the sale of Red passes nearly doubled from 85 the prior year to 156 last year, the full utilization of the parking structure was never reached. At the time of the parking task force meeting Ford Park parking lot was scheduled to be closed for 18 days of concerts and at least half closed for 10 days of set and take down as well as 7 days of 80% of lost parking spaces during the same time frame as the previous Burton shut down of the soccer field in years past. Ford Park has 198 spaces and Soccer Field has 55 spaces. This is a significant change from years previously. Many Pink pass holders buy a Value Card and use the Village Structure during these periods of closure. However, concert closures were only 8 days at the most and the 17 day soccer lot affected only 55 spaces. If an employee used a value card for all 8 days the cost was $156 and if they only worked half of those days it would be $78. September 21, 2021 - Page 59 of 83 4 Since the meeting the 17-day Ford Park event has been postponed. This year just with the confirmed concert events the value pass option would be $327 for all the days and if they only worked half of the day it would be $142. The following reasons were discussed and identified for the recommendation: The impact this year of the additional events on providing an option for those employees was important. The reduction of demand on use of the village parking structure during those events by discouraging use of value pass alternative. Provide greater access to the Red Sandstone structure all season long as well the peak holiday period when Ford Park is usually full. Align the cost of the pink pass closer to the cost of a bus pass The town requires that employees average 30 hours per week to qualify, however the average number of transactions per pass was only 3 per week over the course of the ski season. If the pass was priced higher it may be less attractive of occasional users. The pink pass is extremely relatively low compared to the daily rate and was recommended to increase in 2017 to $300 but it was decided to only increase it to $200. The proposed increase would be more in line with the price of the other passes which were adjusted in 2017 when the daily rate was last increased. The Town and Task force goals are to increase transit ridership and reduce single occupant vehicles. Considering the adopted Eagle County Climate Action Committee transportation GHG reduction goals as well as the Town of Vail Sustainability transportation goals a measurable net goal would be 10% less passes being sold between last years Pink and Red pass sales combined. Moving into a new parking management system next year having less passes is simpler than more. Red Sandstone has frequent bus service as well as the option to walk across the pedestrian bridge and connect to the Intown shuttle at West Lionshead Plaza. Looking Ahead There was a brief discussion looking to the future as the replacement of the current parking system in 2022. There is an opportunity to create a paradigm shift in how the town manages parking and consider a more holistic approach to mobility. There will be more Parking and Transportation Task Force meetings to further evaluate opportunities, discuss the concepts of mobility management and refine programs moving forward. The adoption of the Regional Transit Authority memorandum of understanding was seen as a very positive step by the Parking and Transportation Task Force as a regional transit system which greatly enhances the mobility service for the county allows for greater opportunities to holistically work on parking, greenhouse gas reduction and mobility issues. IV. RECOMMENDED WINTER 2021-2022 PARKING PROGRAM The Task Force makes the following recommendations when considering all the variables, policies and dynamics of the Vail parking program: reducing demand, the desire to encourage transit and carpooling use, discourage driving, align parking policies with our September 21, 2021 - Page 60 of 83 5 environmental GHG emissions reduction policies, while recognizing the need to cover costs of increased parking operations and transit and other alternative enhancements. Winter 2021-2022 objectives and recommendations Require construction projects to have an employee transportation and parking plan Continue to work with ECO Transit to support service. Continue to work on the eventual formation of a Regional Transit Authority in the coming year Develop a marketing and messaging plan with an emphasis around the following to reach 15-day overflow goal: o Walking o Don’t rent a car o Environmental effects of driving o Healthy lifestyles o Reduce congestion o Work from home, and stay in Vail to attend on-line classes or zoom meetings verses driving during peak commuter patterns on I-70 o Promote enhanced Bustang and new Pegasus services o Promote transit use o Ridesharing (Uber, Lyft) o Carpooling and carpooling aps Treadshare and Gondola o Employee van pools o Biking o Continue to investigate first and last mile solutions Overnight storage of cars, there was discussion that during this summer, hotels and short-term rentals saw a larger number of cars on site due to limited air travel, limited shuttle service, and with less group business and more of a drive market. This will be monitored to see if the trend continues to the winter. VI.ACTION REQUESTED Approve or approve with modifications the Winter 2021-2022 Parking Program as recommended by the Parking and Transportation Task Force Recommended Winter 2021 - 2022 Rate and Parking Structure: Existing Proposed 0 to 30 Free Free 30 to 1 Free Free 1 to 1.5 Free Free 1.5 to 2 Free Free 2 to 3 $10 $10 3 to4 $20 $20 4 to 15 $30 $30 15 to 24 $50 $50 Recommended Parking Pass Prices September 21, 2021 - Page 61 of 83 6 Existing Proposed Gold $3300 $3300 Silver $2000 $2000 Blue $1250 $1250 Red $ 450 (Red Sandstone Structure) Pink $ 200 $ 350 (includes Red Sandstone structure VII.STAFF RECOMMENDATION Staff recommends the Town Council approve the Parking and Transportation Task Force recommendations for the Winter 2021-2022 Parking Program. September 21, 2021 - Page 62 of 83 September 21, 2021 - Page 63 of 83 September 21, 2021 - Page 64 of 83 September 21, 2021 - Page 65 of 83 September 21, 2021 - Page 66 of 83 September 21, 2021 - Page 67 of 83 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Review Winter Parking Policies and Rate Date:Monday, September 20, 2021 12:12:12 PM 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: Tez Hawkins <curtezhawkins@gmail.com> Sent: Monday, September 20, 2021 12:02 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Review Winter Parking Policies and Rate Hi, I prefer not to make negative comments unless I understand the full scope of the situation. Therefore,myself and probably many front range and local residents are curious about components or thought processes that go into the pricing for parking in Vail (i.e. demand, destination of the parking revenues, household income of visitors). I don't understand what goes into the pricing but as of right now I do think it's becoming overpriced for many residents (Valley locals and those from the front range); I plan to tune into the meeting to obtain a better understanding of this and hopefully my concerns become moot after listening. I am an Eagle, Colorado resident of two years and State of September 21, 2021 - Page 68 of 83 Colorado resident of seven years. Best Regards, Curtez (Tez) Hawkins Colorado, USA September 21, 2021 - Page 69 of 83 From:Tammy Nagel To:Stephanie Bibbens Subject:FW: Parking fees Date:Monday, September 20, 2021 3:05:25 PM Tammy Nagel Town Clerk’s Office Town Clerk 75 S. Frontage Road W. Vail, Colorado 81657 970.479.2136 vailgov.com -----Original Message----- From: Susie Tjossem <stjossem@gmail.com> Sent: Monday, September 20, 2021 12:47 PM To: PublicInputTownCouncil <publicinput.vailtowncouncil@vailgov.com> Subject: Parking fees Hello Vail Town Council members As you know, TOV provides FREE bus service to and from the ski mountain for the majority of TOV neighborhoods on or near the valley floor. Unfortunately for those of us, tax paying residents, who live in neighborhoods above the TOV bus routes we do not enjoy this FREE transportation option so we must drive ourselves to and from the ski mountain therefore incurring parking fees. Since offering bus service to Vails upper neighbors has been ruled out by the transportation department (cost and logistics), I would like to suggest that affected residents be offered additional free hours or discounted parking options to help make up for the lack of bus service the majority TOV neighborhoods enjoy. Thank you for your consideration . PS Many of the residents of Vail’s upper neighborhoods do not have reliable cell phone service either. Susie Tjossem Vail Resident Former TOV counsel member September 21, 2021 - Page 70 of 83 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: Second reading of Ordinance No. 18, Series 2021, an ordinance concerning the Residences at Main Vail and in connection therewith authorizing the project, the leasing of certain town property, and the execution and delivery of a site lease, a lease purchase agreement and other documents. P RE S E NT E R(S ): K athleen Halloran, F inance Director AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance No. 18, S eries 2021 B AC K G RO UND: P lease see attached memo S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance No. 18, S eries 2021 AT TAC H ME N TS: Description debt September 21, 2021 - Page 71 of 83 TO: Vail Town Council FROM: Finance Department DATE: September 21, 2021 SUBJECT: Ordinance No. 18, Series 2021, Authorization of Debt and Lease of Town Property I. SUMMARY Town Council is asked to approve Ordinance No. 18, Series 2021 upon second reading. REPEATED FROM SEPTEMBER 7, 2021 MEMO: On June 15, Town Council directed staff to move forward with financing the (estimated) $26.5 million Residences at Main Vail housing project with a $25.0 million, 30-year Certificate of Participation (COP). The purpose of this ordinance is to authorize the town to issue the debt. II. DISCUSSION A favorable interest rate environment in the public sector has afforded the town an opportunity to move forward with the construction of 72 residential rental units when the private developer was experiencing difficulties providing financing. As of August 25, the 30-year COP was estimated with an interest rate of 2.7% (please note this is not a locked in rate). At this rate, average annual debt service would cost the project approximately $1.2 million, with total interest cost over the life of the loan of $15.8 million. The debt service payments will be covered by the rental income generated at the Residences at Main Vail but will be guaranteed by the town’s General Fund. With the passing of this ordinance, staff will file with the Town Clerk’s office a “Preliminary Official Statement” document. The primary function of the Official Statement is to disclose to initial purchasers of the Certificates all material facts, such as information that a reasonable investor likely would consider significant in the total mix of information available about the Certificates. It contains information about revenue sources that are available to cover the annual debt service and other pertinent financial information. The Official Statement serves as an information base for rating agencies (and insurers) to obtain the best possible rating on the COPS. After the town is assigned a rating, the Official Statement will be used by Piper Sandler, as Underwriter, in the marketing of the COPS to the public. After closing on the COPS, the Official Statement will serve as a guide for any required continuing disclosure documents in the future. A Certificate of Participation, or “COP” is not considered long term debt for the town because it is structure as an investment in a share of the improvements or infrastructure the town intends September 21, 2021 - Page 72 of 83 Town of Vail Page 2 to fund. The COP is the form used for this “lease-financing” contract where the investors are paid back from lease payments. The most recent lease-purchase agreement entered into by the town was a $15.2 million bank placement to finance the Public Works Shops expansion and renovation. This was financed at an interest rate of 1.76% over 15 years, with a total interest cost of $2.2 million. Prior to that, the town had not financed any capital projects since 1991. Summary of the estimated terms:  30-year tax-exempt Certificate of Participation  $25.3 million  Includes $25.0M in project costs and $234K in issuance costs  Interest rate of 2.7%  Total interest cost over life: $15.8M  Annual debt service $1.2M Next Steps Since the first reading of this ordinance, staff and our bond underwriter have met with the rating agency and expect to receive a rating by week of September 20th. Later this week the underwriter will post the Preliminary Offering Statement (POS) and the town will close on the COP issue on October 20th. Funds will be available to the town for reimbursement of project related expenses after October 20th. II. ACTION REQUESTED OF COUNCIL Approve Ordinance No. 18, Series 2021, an emergency ordinance authorizing the town to issue Certificates of Participation for the financing of the Residences at Main Vail housing project. September 21, 2021 - Page 73 of 83 ORDINANCE NO. 18 SERIES 2021 AN ORDINANCE CONCERNING THE RESIDENCES AT MAIN VAIL AND IN CONNECTION THEREWTITH AUTHORIZING THE PROJECT, THE LEASING OF CERTAIN TOWN PROPERTY, AND THE EXECUTION AND DELIVERY OF A SITE LEASE, A LEASE PURCHASE AGREEMENT, AND OTHER DOCUMENTS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: Section 1. Recitals. A. The Town of Vail, in Eagle County, Colorado (the “Town”), is a duly organized and existing home rule municipality of the State of Colorado (the “State”), created and operating pursuant to Article XX of the State Constitution and the Town’s Home Rule Charter (the “Charter”). B. Pursuant to Article XX, Section 6 of the Colorado Constitution and Section 13.3 of the Charter, the Town is authorized to lease, for such term as Council shall determine, any real or personal property to or from any person, firm or corporation, public or private, governmental or otherwise. C. The Town owns vacant real property described as Lot 3, Middle Creek Subdivision (the “Property”). D. Because the demand for workforce housing in the Town exceeds the supply, the Council hereby determines that it is in the public interest and is a public purpose for the Town to finance the acquisition, construction, installation, equipping of the Residences at Main Vail, a deed restricted, for rent workforce housing project on the Property, including any legally permitted costs and expenditures in connection therewith, all for public purposes, and as authorized by law (the “Project”). E. The Council hereby determines that it is in the best interests of the Town and its inhabitants that the Town lease the Property pursuant to a Site Lease (the “Site Lease”) between the Town, as lessor, and U.S. Bank National Association, as lessee (the “Trustee”) and lease back the Trustee’s interest in the Property pursuant to the terms of a Lease Purchase Agreement (the “Lease”) between the Trustee, as lessor, and the Town, as lessee. F. The Trustee will execute and deliver an Indenture of Trust (the “Indenture”) pursuant to which there will be executed and delivered certain certificates of participation (the “Certificates”) dated as of their date of delivery, that shall evidence proportionate interests in the right to receive certain revenues including rental payments made by the Town under the Lease. September 21, 2021 - Page 74 of 83 2 G. The Town’s obligation under the Lease to pay Base Rentals and Additional Rentals (as each is defined in the Lease) will be from year to year only; will constitute a currently budgeted expenditure of the Town; will not constitute a mandatory charge or requirement in any ensuing budget year; and will not constitute a general obligation or other indebtedness or multiple fiscal year direct or indirect Town debt or other financial obligation of the Town within the meaning of any constitutional, statutory, or Charter limitation or requirement concerning the creation of indebtedness or multiple fiscal year financial obligation, nor a mandatory payment obligation of the Town in any ensuing fiscal year beyond any fiscal year during which the Lease shall be in effect. H. The Supplemental Public Securities Act, part 2 of article 57 of title 11, Colorado Revised Statutes (the “Supplemental Act”), provides that a public entity, including the Town, may elect in an act of issuance to apply all or any of the provisions of the Supplemental Act to an issue of securities. I. No member of the Council has any conflict of interest or is interested in any pecuniary manner in the transactions contemplated by this ordinance J. There have been filed with the Town Clerk proposed forms of: (i) the Site Lease; (ii) the Lease; (iii) the Preliminary Official Statement (the “Preliminary Official Statement”)and (iv) a Continuing Disclosure Certificate (the “Continuing Disclosure Certificate”) to be delivered by the Town. K. Capitalized terms used herein and not otherwise defined shall have the meanings set forth in the Lease and the Site Lease Section 2. Ratification and Approval of Prior Actions. All action heretofore taken (not inconsistent with the provisions of this ordinance) by the Council or the officers, agents, or employees of the Council or the Town relating to the Site Lease, the Lease, the implementation of the Project, and the execution and delivery of the Certificates is hereby ratified, approved and confirmed. Section 3. Finding of Best Interests. The Council hereby finds and determines, pursuant to the Constitution and laws of the State and the Charter, that the implementation of the Project pursuant to the terms set forth in the Site Lease, the Lease, and the Indenture are necessary, convenient, and in furtherance of the Town’s purposes and are in the best interests of the inhabitants of the Town and that the fair value of the Property does not exceed its Purchase Option Price (as defined in the Lease), and the Council hereby authorizes and approves the same. Section 4. Supplemental Act Election; Parameters. The Council hereby elects to apply all of the provisions of the Supplemental Act to the Lease, the Site Lease, and the Certificates, and in connection therewith delegates to the Mayor, any other member of the Council, the Town Manager, or the Finance Director the independent authority to make any determination delegable pursuant to Section 11-57-205(1)(a-i), Colorado Revised Statutes, in relation to the Lease and the Site Lease, and to execute a sale certificate (the “Sale Certificate”) setting forth such determinations, including without limitation, the term of the Site Lease, the rental amount to be September 21, 2021 - Page 75 of 83 3 paid by the Trustee pursuant to the Site Lease, the term of the Lease and the rental amount to be paid by the Town pursuant to the Lease, subject to the following parameters and restrictions: (a) the Site Lease Term shall end no later than December 31, 2061; (b) the Lease Term shall end no later than December 31, 2051; (c) the maximum annual repayment cost of Base Rentals payable by the Town shall not exceed $1,450,000, and the total repayment cost shall not exceed $38,000,000; (d) the aggregate principal amount of the Base Rentals payable by the Town under the Lease with respect to the Certificates shall not exceed $25,325,000; (e) the purchase price of the Certificates shall not be less than 98% of the aggregate principal amount; and (f) the maximum net effective interest rate on the interest component of the Base Rentals relating to the Certificates shall not exceed 4.00%. Pursuant to Section 11-57-205 of the Supplemental Act, the Council hereby delegates to each of the Mayor, the Town Manager or the Finance Director the authority to acknowledge the Indenture and any contract for the purchase of the Certificates between the Trustee and the Purchaser, and to execute any agreement or agreements in connection therewith. In addition, each of the Mayor, the Town Manager or the Finance Director is hereby authorized to independently determine if obtaining an insurance policy for all or a portion of the Certificates is in the best interests of the Town, and if so, to select an insurer to issue an insurance policy, execute a commitment relating to the same and execute any related documents or agreements required by such commitment. Each of the Mayor, the Town Manager, or the Finance Director is also hereby authorized to determine if obtaining a reserve fund insurance policy for the Certificates is in the best interests of the Town, and if so, to select a surety provider to issue a reserve fund insurance policy and execute any related documents or agreements required by such commitment. Section 5. Approval of Documents. The Site Lease, the Lease, and the Continuing Disclosure Certificate are in all respects approved, authorized, and confirmed, and the Mayor of the Town is hereby authorized and directed for and on behalf of the Town to execute and deliver such documents in substantially the forms and with substantially the same contents as the proposed forms of such documents on file with the Town Clerk, with such changes as may hereafter be approved by the Mayor, the Town Attorney, or the Town Manager. Section 6. Official Statement. The Town Manager or the Finance Director are each independently authorized to prepare or cause to be prepared, and the Mayor is authorized and directed to approve, on behalf of the Town, and execute a final Official Statement for use in connection with the offering and sale of the Certificates in substantially the form of the Preliminary Official Statement, but with such amendments, additions, and deletions as are in accordance with the facts and not inconsistent herewith. The execution of a final Official Statement by the Mayor shall be conclusively deemed to evidence the approval of the form and contents thereof by the Town. The distribution of the Preliminary Official Statement and the final Official Statement to September 21, 2021 - Page 76 of 83 4 all interested persons in connection with the sale of the Certificates is hereby ratified, approved and authorized. Section 7. Authorization to Execute Collateral Documents. The Mayor, the Town Manager, the Finance Director, and other appropriate officials or employees of the Town are hereby authorized to execute and deliver for and on behalf of the Town any and all certificates, documents, instruments, and other papers and to perform all other acts that they deem necessary or appropriate, in order to implement and carry out the transactions and other matters authorized by this ordinance. The Town Clerk is hereby authorized and directed to attest all signatures and acts of any official of the Town, if so required by any documents in connection with the matters authorized by this ordinance. The appropriate officers of the Town are authorized to execute on behalf of the Town agreements concerning the deposit and investment of funds in connection with the transactions contemplated by this ordinance. The execution of any instrument by the aforementioned officers or members of the Council shall be conclusive evidence of the approval by the Town of such instrument in accordance with the terms hereof and thereof. Section 8. No General Obligation Debt. No provision of this ordinance, the Lease, the Indenture, the Continuing Disclosure Certificate, the Certificates or the Official Statement shall be construed as creating or constituting a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory, or Charter provision, nor a mandatory charge or requirement against the Town in any ensuing fiscal year beyond the then current fiscal year. The Town shall not have any obligation to make any payment with respect to the Certificates except in connection with the payment of the Base Rentals and certain other payments under the Lease, which payments may be terminated by the Town in accordance with the provisions of the Lease. Neither the Lease nor the Certificates shall constitute a mandatory charge or requirement of the Town in any ensuing fiscal year beyond the then current fiscal year or constitute or give rise to a general obligation or other indebtedness or multiple fiscal year financial obligation of the Town within the meaning of any constitutional, statutory or Charter debt limitation and shall not constitute a multiple fiscal year direct or indirect Town debt or other financial obligation whatsoever. No provision of the Lease or the Certificates shall be construed or interpreted as creating an unlawful delegation of governmental powers nor as a donation by or a lending of the credit of the Town within the meaning of Sections 1 or 2 of Article XI of the State Constitution. Neither the Lease nor the Certificates shall directly or indirectly obligate the Town to make any payments beyond those budgeted and appropriated for the Town’s then current fiscal year. Section 9. Reasonableness of Rentals. The Council hereby determines and declares that the Base Rentals do not exceed a reasonable amount so as to place the Town under an economic compulsion to renew the Lease or to exercise its option to purchase the Property pursuant to the Lease. The Council hereby determines and declares that the period during which the Town has an option to purchase the Property (i.e., the entire maximum term of the Lease) does not exceed the remaining useful life of the Property. Section 10. No Recourse against Officers and Agents. Pursuant to Section 11- 57-209 of the Supplemental Act, if a member of the Council, or any officer or agent of the Town acts in good faith, no civil recourse shall be available against such member, officer, or agent for payment of the principal, interest or prior redemption premiums on the Certificates. Such recourse September 21, 2021 - Page 77 of 83 5 shall not be available either directly or indirectly through the Council or the Town, or otherwise, whether by virtue of any constitution, statute, rule of law, enforcement of penalty, or otherwise. By the acceptance of the Certificates and as a part of the consideration of their sale or purchase, any person purchasing or selling such certificate specifically waives any such recourse. Section 11. Charter Controls. Pursuant to Article XX of the State Constitution and the Charter, all State statutes that might otherwise apply in connection with the provisions of this ordinance are hereby superseded to the extent of any inconsistencies or conflicts between the provisions of this ordinance and the Sale Certificate authorized hereby and such statutes. Any such inconsistency or conflict is intended by the Council and shall be deemed made pursuant to the authority of Article XX of the State Constitution and the Charter. Section 12. Repealer. All bylaws, orders, resolutions and ordinances of the Town, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any other such bylaw, order, resolution or ordinance of the Town, or part thereof, heretofore repealed. Section 13. Severability. If any section, subsection, paragraph, clause, or other provision of this ordinance for any reason is held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or other provision shall not affect any of the remaining provisions of this ordinance, the intent being that the same are severable. Section 14. Effective Date, Recording and Authentication. A true copy of this ordinance shall be numbered and recorded in the official records of the Town, authenticated by the signatures of the Mayor and the Town Clerk, and published in accordance with the Charter and the Town’s municipal code. In accordance with Section 4.9 of the Charter, this ordinance shall be in full force and effect five days after final publication. INTRODUCED, READ BY TITLE, APPROVED ON FIRST READING AND ORDERED TO BE PUBLISHED IN FULL WITH NOTICE OF PUBLIC HEARING THIS 7TH DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) September 21, 2021 - Page 78 of 83 6 INTRODUCED A SECOND TIME, READ BY TITLE, APPROVED ON SECOND READING FOLLOWING A PUBLIC HEARING, AND ORDERED TO BE PUBLISHED BY TITLE THIS 21ST DAY OF SEPTEMBER, 2021. A copy of this ordinance is available for inspection in the office of the Town Clerk. ATTEST: TOWN OF VAIL, COLORADO _______________________________ ___________________________________ Tammy Nagel, Town Clerk Dave Chapin, Mayor (SEAL) September 21, 2021 - Page 79 of 83 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: Ordinance No. 19, Series of 2021, S econd Reading, an Ordinance Amending Title 7 of the Vail Town Code to Permit the Town to Designate Dismount Zones P RE S E NT E R(S ): Ryan Kenney, Vail P olice Commander AC T IO N RE Q UE S T E D O F C O UNC I L: A pprove, approve with amendments or deny Ordinance 19, Series 2021. B AC K G RO UND: Town Council directed staff to look for solutions to the pedestrian/biker interactions occurring in the Village and L ionshead. S taff research has shown dismount zones may ease the congestion in certain areas and improve safety. Ordinance No.19, S eries 2021 will give authority to establish bicycle dismount zones and enforce violations. S TAF F RE C O M M E ND AT IO N: A pprove, approve with amendments or deny Ordinance 19, S eries 2021. AT TAC H ME N TS: Description Ordinance 19, Series 2021 September 21, 2021 - Page 80 of 83 9/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX ORDINANCE NO. 19 SERIES 2021 AN ORDINANCE AMENDING TITLE 7 OF THE VAIL TOWN CODE TO PERMIT THE TOWN TO DESIGNATE DISMOUNT ZONES WHEREAS, to prevent collisions with pedestrians, the Town has determined that Title 7 of the Vail Town Code should be amended to permit the Town to create dismount zones for bicycles and other vehicles in certain areas of the Town. NOW THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Section 7-4-1 of the Vail Town Code is hereby amended by the addition of the following definitions: LIGHTWEIGHT ELECTRIC VEHICLE: Any device capable of moving itself, or of being moved, from place to place upon a wheel or wheels that is powered by a battery and weighing less than fifty (50) pounds, including without limitation an electric scooter, an electric skateboard, an electric unicycle, and a self-balancing single-wheel electric personal transport board. NON-MOTORIZED VEHICLE: Any wheeled vehicle used for transporting a person, other than a bicycle or electric assisted bicycle, which is not propelled by a motor or engine, including without limitation roller skates, skateboards, and roller skis. Section 2. Chapter 2B of Title 7 of the Vail Town Code is hereby amended by the addition of a new Section 7-2B-6, to read as follows: 7-2B-6: DISMOUNT ZONES: A. It is unlawful for any person to drive, ride or operate a bicycle, electric assisted bicycle, lightweight electric vehicle, or non-motorized vehicle in any area posted as a dismount zone by a traffic control sign, except for licensed or authorized pedicabs, as defined in Section 7-5-7 of this Code. B. Violations of this Section shall be subject to the following penalties: First offense: $50.00 Second offense: $75.00 Subsequent offenses: Penalties set forth in Section 1-4-1 of this Code. Section 3. If any part, section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or September 21, 2021 - Page 81 of 83 2 9/22/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\DISMOUNT ZONES-O090821.DOCX phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses, or phrases be declared invalid. Section 4. The amendment of any provision of the Vail Town Code in this Ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions, and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repeal 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 7th day of September, 2021 and a public hearing for second reading of this Ordinance is set for the 21st day of September, 2021, in the Council Chambers of the Vail Municipal Building, Vail, Colorado. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED this 21st day of September, 2021. _____________________________ Dave Chapin, Mayor ATTEST: ____________________________ Tammy Nagel, Town Clerk September 21, 2021 - Page 82 of 83 VA I L TO W N C O UNC I L A G E ND A ME MO I T E M /T O P I C: A djournment 8:00 pm (estimate) September 21, 2021 - Page 83 of 83